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

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

Vol. 158 WASHINGTON, THURSDAY, FEBRUARY 16, 2012 No. 26 House of Representatives The House met at 10 a.m. and was him for saying that he would start met with. He spent 9 months in Af- called to order by the Speaker pro tem- bringing the combat troops home by ghanistan, and 3 weeks ago, he came pore (Mr. WEBSTER). 2013. out publicly. He is an active duty f Mr. Speaker, I’ve been advised on Af- Army colonel, saying that it’s time to ghanistan by a military marine general get our troops out and that there is DESIGNATION OF SPEAKER PRO for the last 3 years. I have great re- nothing we’re going to change in Af- TEMPORE spect for him. He is a man of faith, and ghanistan. The SPEAKER pro tempore laid be- he has served our country at the high- I want to say that I respect the colo- fore the House the following commu- est rank in this particular type of serv- nel for trying to tell the American peo- nication from the Speaker: ice. I can’t say his name because he ple the truth and for telling Congress the truth, which is that we’re spending WASHINGTON, DC, asked me not to use his name publicly, February 16, 2012. but this marine general has been my $10 billion a month to prop up a cor- I hereby appoint the Honorable DANIEL adviser for 3 years. We exchanged rupt leader, and nothing is going to WEBSTER to act as Speaker pro tempore on emails last week, and I’d like to share change. That’s why I shared the this day. for the House a couple of his thoughts thoughts of the team leader and also of JOHN A. BOEHNER, on the email that he sent to me last the retired marine general. Speaker of the House of Representatives. week: In a long Wall Street Journal article f Attempting to find a true military and po- of February 10, titled, ‘‘Roads to No- where: Program to Win over Afghans MORNING-HOUR DEBATE litical answer to the problems in Afghani- stan would take decades, not years, and Fails,’’ I will quote one paragraph: The SPEAKER pro tempore. Pursu- drain our Nation of precious resources—with Three years and nearly $270 million later, ant to the order of the House of Janu- the most precious being our sons and daugh- less than 100 miles of gravel road have been ary 17, 2012, the Chair will now recog- ters. completed, according to American officials. nize Members from lists submitted by Simply put, the United States cannot solve More than 125 people were killed and 250 oth- the majority and minority leaders for the Afghan problem no matter how brave ers were wounded in insurgent attacks aimed and determined our troops are. morning-hour debate. at derailing the project, USAID said. The We need to bring our people home and pre- agency shut down the road-building effort in The Chair will alternate recognition pare for the real danger that is growing in December. between the parties, with each party the Pacific. Mr. Speaker, this is what both par- limited to 1 hour and each Member Again, I have the utmost respect for ties are trying to say: We keep spend- other than the majority and minority this man, and I think the American ing money we don’t have. We’re cutting leaders and the minority whip limited people would if I could say his name. programs for children and senior citi- to 5 minutes each, but in no event shall One of our marines who is serving as zens. We can’t help with infrastructure, debate continue beyond 11:50 a.m. a Village Stability Operations team but we can find $10 billion a month to f leader in Afghanistan—they’re known prop up a corrupt leader. as VSOs—emailed a friend of his re- AFGHANISTAN Does that make any sense? I think cently, and the friend shared the email not. The American people have said it The SPEAKER pro tempore. The with me: ‘‘If you ask me if it is worth makes no sense at all. Chair recognizes the gentleman from a single American life to build govern- I have a photograph—well, a poster, North Carolina (Mr. JONES) for 5 min- ance here in Afghanistan, I would have actually, Mr. Speaker. This is a beau- utes. to say no.’’ This man is over there try- tiful little girl who is 3 years old. Her Mr. JONES. Mr. Speaker, I wish all ing to help the Afghan people, but obvi- mother is in tears, and her grand- of the Members of the House could take ously he has no faith. He basically mother is patting the mother on the the time to read the National Intel- said—and I’m paraphrasing now—that shoulder. The little girl is looking at a ligence Estimate on Afghanistan. It’s he has absolutely no confidence in the marine officer, who is presenting a classified, but I think they would ben- Afghans being able to have a func- folded flag to the mother. efit greatly as both parties continue to tional, successful military or police All I can think about as to that little try to bring our troops home from Af- force. girl is, one day, she will say to her ghanistan sooner than 2013. I thank him for his thoughts, and I’ve mother, Tell me about my father. I do want to compliment the Sec- shared them with the House today. Her mother will say, Well, your fa- retary of Defense, Mr. Panetta. I did There is Lieutenant Colonel Danny ther was a wonderful man, and he gave yesterday, in a hearing, and thanked Davis, who some in both parties have his life in Afghanistan.

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.

H805

VerDate Mar 15 2010 03:23 Feb 17, 2012 Jkt 019060 PO 00000 Frm 00001 Fmt 4634 Sfmt 0634 E:\CR\FM\A16FE7.000 H16FEPT1 jbell on DSK7SPTVN1PROD with HOUSE H806 CONGRESSIONAL RECORD — HOUSE February 16, 2012 Then the little girl will go to school, could get bankruptcy relief on all 10 THE BUDGET and she will read the books about the units—but not Sally Six-Pack, who The SPEAKER pro tempore. The war in Afghanistan. She’ll ask, Why bought an identical unit to live in. Chair recognizes the gentleman from did my father die? What is it about the homeowners Georgia (Mr. WOODALL) for 5 minutes. He died for nothing. He died for a cor- that makes them less worthy of relief Mr. WOODALL. Mr. Speaker, I’ve rupt leader, and history has said Af- of the fresh start of bankruptcy than come down here to talk about the ghanistan will never, never change. the speculator or American Airlines? budget. I am a freshman on the Budget So I want to thank my colleagues on The answer is right here on the floor of Committee. The President’s budget ar- the Democratic side who have joined the House of Representatives. rived on Monday of this week. Here in me and the few Republicans who have Congress has decided to look out for the Budget Committee, we had the act- joined me on the Republican side. Let’s business, not the homeowner. The ing OMB Director with us yesterday, bring our troops home. Let’s spend the daisy chain of profit we saw collapsing we have the Treasury Secretary with money here in America, and let’s save under the weight of colossal greed and us today, and we’re exploring this the lives of our soldiers and marines bad judgment was protected at the ex- budget. and of all those who serve in the mili- pense of the homeowner, who was Now, I must tell you, Mr. Speaker, I tary. trapped, with limited options to re- may be a hard core conservative Re- Mr. Speaker, I ask God to please negotiate, with no leverage, who sim- publican from the Deep South, but I bless our men and women in uniform. I ply faced foreclosure, a short sale, or am grateful to this President for re- ask God, in his loving arms, to hold the what is described as jingle mail: send leasing a budget. A budget is a moral families who have given a child dying the keys back and walk away. document, Mr. Speaker. It is a moral for freedom in Afghanistan and Iraq. I b 1010 document that talks about what your ask God to please bless the House and It’s interesting that homeowners priorities are for us, as a Nation. Senate that we will do what is right in have been urged that it’s their moral Our rule book for the country is the the eyes of God. I ask God to please duty, their obligation to pay, even as Constitution of the United States. bless the President that he will do the Mortgage Bankers Association, That’s the rule book by which every- what is right in the eyes of God for the itself, reneged on the mortgage on its thing we do in this Nation must com- American people. headquarters and stiffed the lender to ply. The rule book for our finances is And three times, I will say, God the tune of $30 million. Homeowners the budget that we pass each year. As please, God please, God please continue are expected to do the right thing, even we all know, as it has been said dozens to bless America. if we’re seeing a cavalcade of financial of times before, the Senate has not f misdeeds, shortcuts, and, in some passed a budget in over 1,000 days. The majority leader has said he was not BANKRUPTCY EQUITY ACT cases, outright fraud. I’ve been unable to find any good rea- going to pass a budget again this year. The SPEAKER pro tempore. The son that homeowners should be dis- The Democratic Budget Committee Chair recognizes the gentleman from criminated against in bankruptcy. If chairman said, But I promised to pass Oregon (Mr. BLUMENAUER) for 5 min- it’s good enough for business, it should a budget this year. The majority leader utes. be good enough for the homeowners. said, Well, you can pass a budget, but Mr. BLUMENAUER. This week, we There are lots of reasons to change I’m not going to have it considered on watched the settlement unfold between that policy. First, it’s simple equity, the House floor. That’s wrong. What the Department of Justice, the State the same treatment. In addition, mak- the President did in releasing a budget attorneys general, and the major ing bankruptcy relief available to this week, that’s right. banks. Twenty-six billion dollars homeowners will make the system re- I will tell you, there are a couple of sounds like a lot of money, but given spond to reasonable requests for re- things that need to be in a budget, Mr. that almost one in four homeowners negotiations, which would be cheaper, Speaker. The budget needs to talk owe more on their mortgages than the faster, and easier than the foreclosure about spending restraint. I don’t think values of their homes—overall losing process for everybody. The simple act there’s a family in this country that some $700 billion in value. This is a will stem the flood of foreclosures and believes the Federal Government is step in the right direction that will uncertainty, which will help stabilize spending too little. Spending restraint help some people but is not really a home values currently in free fall, and must be a component of every budget. major correction. There are still far it will make it harder for another spec- The President laid out his ideas this too few real pressures to get the mar- ulative bubble to be created. Knowing week. ket right. that homeowners will be treated the Repairing the safety net, Mr. Speak- There is a simple answer that won’t same as business in bankruptcy will er, making sure that the safety net cost the taxpayers a dime and which make people think twice about aggre- that families depend on when hard will stabilize the housing depression gating vast numbers of dicey mort- times come, making sure that that within a year. It would help reestablish gages, simply taking a profit, and pass- safety net is resilient, that it is, in home values and encourage banks to ing the package on to others. fact, a spring and not a cushion, that it work with their customers whose mort- I am introducing the Bankruptcy Eq- is a pathway out instead of a lifestyle gages are ‘‘under water’’. uity Act to provide bankruptcy judges choice, those things are important. The The recent decision of American Air- the power to align the homeowner’s budget should contain those. lines to pursue bankruptcy is illus- mortgage to its current value and Entitlement reform, Mr. Speaker, trative. This corporate giant could ac- terms and put ordinary homeowners on and I want to say earned entitlements, tually pay its bills. It had some $4 bil- the same playing field as speculators because the men and women of this lion in cash and was still taking in rev- and businesses. It makes sure private country have been paying 15.3 percent enue, but it made a strategic judgment and federally insured mortgages are el- of their income if they’re in my genera- to use the bankruptcy laws to reposi- igible for modification, allowing FHA, tion, a little less in earlier generations, tion itself to win market rate loan VA, and the Department of Agriculture but they have been paying out of their terms, to modify its union contracts to pay out claims on insured mortgages paychecks to gain access to Social Se- and the pension obligations to its em- modified in bankruptcy. curity and Medicare. But those two ployees because, under the law, a bank- For an immediate solution to the programs, as we all know, are under- ruptcy judge can adjust these business foreclosure crisis, allowing families to funded, are headed towards financial relationships to reflect current market stay in their homes, to be treated equi- crisis, and a budget should talk about conditions—for a business, that is. Cu- tably, and prevent the next bubble what your solutions are to restore riously, homeowners are treated dif- from forming, I strongly urge my col- faith in those programs for all Ameri- ferently. leagues to examine the Bankruptcy Eq- cans. A business speculator could buy 10 uity for Homeowners Act and join me And tax reform, Mr. Speaker, tax re- units in a condominium in south Flor- in treating homeowners as fairly as we form, there’s not a person in this coun- ida when the housing bubble bursts and treat speculators and investors. try, Mr. Speaker, that likes the Tax

VerDate Mar 15 2010 03:23 Feb 17, 2012 Jkt 019060 PO 00000 Frm 00002 Fmt 4634 Sfmt 0634 E:\CR\FM\K16FE7.002 H16FEPT1 jbell on DSK7SPTVN1PROD with HOUSE February 16, 2012 CONGRESSIONAL RECORD — HOUSE H807 Code the way it is. There’s not a Con- get up and go to work every day—are more small employers to sponsor re- gressman in this room who, if they sat not in an employer-provided retire- tirement plans. down with a blank sheet of paper ment plan or other opportunity to save Currently, employers can exclude today, would craft this United States through workplace contributions. The some part-time workers from partici- Tax Code to govern our Nation. It’s in Auto IRA Act offers a commonsense so- pating in their 401(k) plans. As women need of reform, and we can do that. lution to dramatically expand retire- are more likely to work part-time than But, Mr. Speaker, of safety restraint, ment savings in the U.S. Under this men, these rules can be quite harmful of repairing the safety net, of entitle- proposal, tens of millions of workers to them. So my bill would require em- ment reform, and of tax reform, the would be eligible to save for retirement ployers to allow certain long-term, President’s budget was devoid of any— through a payroll deduction. And it has part-time employees to make elective of any. Nothing to save Medicare for been estimated that the auto IRA pro- deferrals to their 401(k) plans. future generations. Nothing to protect posal could raise net national savings Both of these bills are commonsense Social Security for these generations by nearly $8 billion annually. reforms that will help Americans pre- and further. Nothing to change those This legislation would create auto- pare for a good and financially secure safety net programs, Mr. Speaker, to matic payroll deposit individual retire- retirement. I hope you will join on to ensure that they are that hand up in- ment accounts, or auto IRAs, for work- the Automatic IRA Act of 2012 and the stead of that handout. Nothing to build ers who do not have access to em- Retirement Plan Simplification and upon our work ethic that we have in ployer-provided qualified retirement Enhancement Act. this country by reforming the Tax plans. The bill would require employers f Code and bringing businesses back to to automatically enroll employees in NATIONAL CAREER AND American shores. the auto IRA unless the employee opts TECHNICAL EDUCATION MONTH I encourage folks to go and look at out. These are ‘‘set it and forget it’’ that budget. They can see it at payroll deposit accounts. The SPEAKER pro tempore. The www.omb.gov. That’s the Office of I am sensitive to the increased bur- Chair recognizes the gentleman from Management and Budget. It’s the den on small businesses, so the bill pro- Pennsylvania (Mr. THOMPSON) for 5 White House Web site where they can vides for a tax credit for employers minutes. view that budget. I encourage them to with less than 100 employees in order Mr. THOMPSON of Pennsylvania. tune in to the Budget Committee, Mr. to offset the administrative costs of es- Mr. Speaker, I rise today as cochair of Speaker. We are, again, having hear- tablishing this initiative. Furthermore, the bipartisan House Career and Tech- ings on that budget all week and will only employers with at least 10 em- nical Education Caucus in order to rec- continue into the future. ployees, who have been in business for ognize February as National Career And then I encourage folks to look at at least 2 years, would be covered by and Technical Education Month. the process that happens here in this the bill. And the bill does not mandate Career and technical education pro- body, Mr. Speaker, where absolutely any matching contributions by em- grams continue to evolve in order to any Member of Congress can introduce ployers or other fiduciary responsibil- ensure that workers are prepared to absolutely any budget that expresses ities for the management of the ac- hold jobs in high-wage, high-skill, and their priorities, an open process where counts. high-demand career fields like engi- absolutely all budget ideas are consid- It’s my hope that once employers neering, information technology, ered. It is a hallmark of this institu- start participating in the auto IRA health care, and advanced manufac- tion, Mr. Speaker. I welcomed it last program, they will decide to convert turing for the 21st century. year and was proud of the result of this these arrangements to the broader During this time of economic uncer- debate. It was once the PAUL RYAN 401(k) plans. The IRA contribution lim- tainty and record high unemployment, budget, then the House Budget Com- its are lower than the 401(k) limits, so career and technical education pro- mittee budget, then the House budget business owners may see incentives to grams provide a lifeline for the under- for all of the land. I look forward to switch to bigger plans. And we’ve also employed who look to be in careers that process continuing again this enhanced the small employer pension alongside young adults just starting year. plan startup credit, so if an auto IRA out in the rapidly evolving job market. Career and technical education, f employer switches from auto IRA to 401(k) plans, they would get the credit while historically undervalued, helps AUTOMATIC INDIVIDUAL for 3 years instead of 2. tackle critical workforce shortages and RETIREMENT ACCOUNT provides an opportunity for America to The SPEAKER pro tempore. The b 1020 remain globally competitive while also Chair recognizes the gentleman from Listen to this, this proposal was engaging students in practical, real- Massachusetts (Mr. NEAL) for 5 min- jointly developed working with me world applications of academics, cou- utes. through the Brookings Institution and pled with hands on work experiences. Mr. NEAL. Mr. Speaker, I rise today the Heritage Foundation. It has gar- Together, these programs provide for to talk about a piece of legislation that nered widespread support, including integrated learning experiences which I’m introducing later on in the after- AARP, the United States Black Cham- assist students with skills that pro- noon, the Automatic Individual Retire- ber of Commerce, the Women’s Insti- mote career readiness. Whether for ment Account Act of 2012. tute For a Secure Retirement, and the high school students and adults re- According to Boston College’s Center Aspen Institute Initiative on Financial training for a new field or further pro- for Retirement Research, the United Security. You should join in supporting fessional development, career and tech- States has a retirement income deficit this legislation. nical education programs are vital to of $6.6 trillion. This is the gap between I am also highlighting another retire- our country’s economic recovery. And what Americans need for retirement ment plan bill that I’m introducing while the limited Federal investment and the amount that they’ve actually today, the Retirement Plan Simplifica- has been stagnant for almost a decade, saved. This amounts to more than tion and Enhancement Act. Our cur- these programs have proven effective $90,000 per household. This is a stag- rent retirement plan rules are very to ensure that America can continue to gering number and demonstrates that complicated. This bill includes a num- be the world’s leading innovator. we, as Americans, need to do more to ber of commonsense reforms that will As we move toward fiscal year 2013, I prepare for a financially secure retire- simplify the rules while we still pro- join with a bipartisan group of my col- ment. One area that I think we need to tect participants. leagues in not only recognizing the im- focus on is getting more low- and mid- Under current law, small businesses portance of maintaining these Federal dle-income workers into a retirement that adopt a new retirement plan are investments for our country’s future, savings plan, and the auto IRA would eligible for a tax credit to cover some but also in saying thank you to the do just that. of their startup costs. We are tripling countless men and women who make It is estimated that 75 million Ameri- the credit to $1,500 to cover all of these these programs possible. They share a cans—half the American people who expenses. I hope this will encourage bold vision for America’s future, which

VerDate Mar 15 2010 23:41 Feb 16, 2012 Jkt 019060 PO 00000 Frm 00003 Fmt 4634 Sfmt 0634 E:\CR\FM\K16FE7.005 H16FEPT1 jbell on DSK7SPTVN1PROD with HOUSE H808 CONGRESSIONAL RECORD — HOUSE February 16, 2012 breaks from the cookie cutter, straight who can speak for all Catholics. Good read a statement he made at one point. out of the box education of the past people can disagree on tough issues. Mr. Blair said: and recognizes that America can and But apparently Newt Gingrich is The role of government is to stabilize and must remain a global leader. well-positioned to decide when our then get out of the way as quickly as pos- Mr. Speaker, career and technical President has declared ‘‘war’’ on the sible. Ultimately, the recovery will be led education serves to ensure that we con- Catholic faith. He isn’t reluctant to not by the government but by industry, busi- tinue on that path. speak on their behalf, even with a per- ness, and the creativity, ingenuity, and enterprise of people. If the measures you take f sonal history that seems to be at odds in responding to the crisis diminish their in- with some of the teachings of the NO AMERICAN WOMAN SHOULD BE centives, curb their entrepreneurship, and Catholic Church. make them feel unsure about the climate in DENIED CONTRACEPTIVE COV- Frankly, I think his personal life is ERAGE which they are working, the recovery be- none of our business, but when he comes uncertain. The SPEAKER pro tempore. The wants to dictate morality to the rest of That was Tony Blair. Chair recognizes the gentleman from America, when he accuses our Presi- Then Thomas Donohue, the president Illinois (Mr. GUTIERREZ) for 5 minutes. dent of engaging in ‘‘religious persecu- of our national Chamber of Commerce, Mr. GUTIERREZ. One of the many tion,’’ when he demands that his per- said at a jobs submit about a year and things I love about America is we are a sonal values be shared by all American a half ago here in Washington: country of second chances. You can fail women, he makes his personal life part The regulatory activity presently going on and still have a chance to get ahead in of the public discourse. is so far above and beyond anything we have our Nation of opportunity. There was a I support the President’s call for eq- ever seen in the history of this country, that time that it looked like Steve Jobs uity for all American women. I salute we are in danger of becoming a government might not make it. He was forced out him for standing up for fairness in con- of, by, and for the regulators instead of a of his company, and Apple looked like traceptive coverage in all health care government of, by, and for the people. it might become a historical footnote— plans. I support the President’s effort b 1030 until Apple realized its mistake and to find a compromise that respects I thought of these two things when I asked Steve Jobs to return and put him every American’s religious beliefs. He read a letter recently from one of my back on top. did something hard for a leader. He lis- constituents who runs a small bank in Our current basketball sensation, tened to his critics, he worked to find east Tennessee. He wrote to me. He Jeremy Lin, knows a thing or two common ground, moderate ground, and said: about second chances. He was he changed. And I applaud him for One of the single greatest needs of small undrafted by the NBA, and he was cut that. business is access to capital, and much of twice before landing with the New And I applaud the American people that small business lending capital is typi- York Knicks. Other than my hometown for reminding us that everybody gets a cally provided by America’s more than 6,700 Chicago Bulls hero, Derrick Rose, Lin second chance, even a chance for Newt community banks. Yet, community banks is the most exciting story in sports. Gingrich to stand up for American are by and large being forced to withhold and America is about second and third and Catholics. If Newt Gingrich can speak constrain lending at the time America needs fourth chances, which brings me, of it most. This is largely due to unprecedented for American Catholics, then it’s true: onerous regulatory constraints being placed course, to Newt Gingrich. in America, anything is possible. on community banks by Federal bank exam- Now, some might say that Newt Just consider what could happen. iners. being considered at all for President of Maybe Charlie Sheen can become the He goes on and says this: the United States is a second chance. spokesperson for the temperance move- Never in modern history have banks, espe- After all, his reign as Speaker of the ment. Lou Dobbs can be the face of im- cially community banks, been under great House did not end well. It didn’t end migrant rights. LeBron James can be pressure by banking regulators. Much of that with good policy for America, good pol- in charge of the Cleveland Chamber of pressure is unprecedented, virtually ignoring itics for Republicans, or good feelings Commerce. And the cast of Jersey or redefining historic standards and defini- about his personal reputation. Yet, he’s Shore can lead a national campaign for tions of bank examining. Routinely, banks hanging in there in the race for Com- manners, humility, and modesty. are being required by bank examiners to mander in Chief. Now that’s a second If Newt Gingrich can do it, why can’t classify and put into a nonaccrual status chance I’m talking about today. loans that are current on their payments. In they? In fact, if Newt Gingrich can do many cases, this be can far more than half of I’m talking about Newt Gingrich’s it, why can’t I? all of the classified loan assets. This is enor- reaction to President Obama’s effort to This is me with Senator Bill Bradley. mously inconsistent with historic bank ex- provide contraceptive coverage to all He’s over 6 foot 6, and I’m barely 5 foot amination practices. American women. Mr. Gingrich has 6. He has noticed the difference, and he And I go on, quoting from this letter: been trumpeting his outrage, from is giving me a friendly kiss on the top In most cases, this results in a bank’s cap- ‘‘Meet the Press’’ to CPAC to any town of my head. So I’m pleased to announce ital being constrained and consequently may hall meeting that will have him. He today that if Newt Gingrich can speak well lead to a forced merger of these banks said: ‘‘President Obama has basically for all Catholics, I’m going to start by the Fed into the larger banks. Despite ac- declared war on the Catholic Church.’’ speaking for all tall people. knowledgement by the Fed that the two big To be clear: ‘‘President Obama has That’s right. Five-foot-six Congress- banks represent a systemic threat to the U.S. and global banking systems, the big basically declared war on the Catholic man LUIS GUTIERREZ, president of the Church.’’ banks seemingly are allowed to keep getting National Association of Extremely Tall bigger. That’s the second chance I want to Americans. I’m no expert on being tall. That is a serious problem. It was the talk about this morning, Newt Ging- But then again, Newt doesn’t really rich as spokesperson for the Catholic too-big-to-fail banks that got us into seem to be an expert on the rules of the the mess that we got into in the first Church. Newt Gingrich as the right Catholic Church either, so what’s going man to stand up as a protector of the place, and now many of the smallest to stop me? banks in this country are being forced values of the Catholic faith. f If Newt Gingrich, Catholic spokes- out of existence or forced to merge. So person, is not a generous, forgiving sec- ROLE OF GOVERNMENT the big keep getting bigger and the ond chance, then I don’t think one has The SPEAKER pro tempore. The small and the medium-sized ones are ever existed in America. Chair recognizes the gentleman from having a real struggle to survive. Finally, this bank who wrote to me Now, I’m Catholic. And as a pro- Tennessee (Mr. DUNCAN) for 5 minutes. said: choice legislator who strongly believes Mr. DUNCAN of Tennessee. Mr. that no American woman should be de- Speaker, Tony Blair was the Prime If America is going to have economic recovery and jobs depend on it, banks must not nied contraceptive coverage based on Minister of Great Britain and was con- only be allowed to lend, but encouraged to where she works, I don’t always see eye sidered to be a political liberal, and lend. Instead, they are largely being con- to eye with my church, so I don’t pre- perhaps his actions didn’t always strained from lending with much of that contend to be a spokesman or someone match his words, but I would like to straint attributable to overly aggressive

VerDate Mar 15 2010 23:41 Feb 16, 2012 Jkt 019060 PO 00000 Frm 00004 Fmt 4634 Sfmt 0634 E:\CR\FM\K16FE7.006 H16FEPT1 jbell on DSK7SPTVN1PROD with HOUSE February 16, 2012 CONGRESSIONAL RECORD — HOUSE H809 bank examination. By and large, most U.S. stan. There is nothing that we can do in Connecticut. I always like to com- banks are having to shrink in size in re- to adequately express to them our pare it to where the high-level nuclear sponse to the Fed’s pressure, which trans- enormous appreciation for their sac- waste should be, which is underneath a lates into reduced lending. rifice. mountain, in a desert in Nevada, at We have been going through a period If we did not have men and women Yucca Mountain, where, in 1987, we of time in which President Bush and who, at the call of the Commander in passed into law and said Yucca Moun- his Secretary of the Treasury at the Chief, would put on the uniform and retain will be the location for our high- tail end of their administration started port for duty and do what the Com- level nuclear waste. It is the law of the saying this and then President Obama mander in Chief and this Congress au- land. and his Secretary of the Treasury then thorized, we would not have the United How have we done? How much nu- saying it. They have been saying loan, States of America. But the obligation clear waste is at Yucca Mountain, this loan, loan, and then the local bank ex- we have to the citizens from our dis- mountain in the desert? We don’t have aminers having been saying no, no, no, tricts that are willing to make that any. We’ve already spent $15 billion. and it has been holding us back. This sacrifice is to give them a policy wor- The waste would be stored 1,000 feet country could be booming beyond be- thy of their willingness to make that underground. The waste would be lief right now, but we’re holding it sacrifice. stored 1,000 feet above the water table. back in so many ways, and we will It is time that we do all we can to ac- The waste would be 100 miles from the never come out and have a full and celerate our withdrawal from Afghani- nearest body of water, which would be complete recovery unless that atmos- stan. The reason is this: That’s what the Colorado River. phere changes. our national security requires. I heard a talk this morning by Gov- There was a very valid reason to go b 1040 ernor Mitch Daniels of Indiana, and he into Afghanistan. It was the home of Well, let’s compare it to Millstone in said that our employment rate is less Osama bin Laden. The Taliban gave Connecticut. Right now, Millstone has than 64 percent now. He says that is him sanctuary. Al Qaeda had free hand. 1,350 million tons of uranium spent nu- the lowest it’s been since the era of Our policy was right when it was start- clear fuel on site. The waste is stored stay-at-home moms. He said over a ed, but it transformed itself into a na- in pools and in dry casts. The waste is third of adult children are now living tion-building policy where our partner 15 to 20 feet from the water table. It is at home with their parents, which is has become a corrupt Afghanistan Gov- on Niantic Bay, just off Long Island way above what it has been in the past. ernment that is unreliable, that is Sound. Here’s a picture. Here’s the nu- In fact, we have an unemployment rate squandering taxpayer money, that is clear power plant; here’s the bay. It’s that is far too high, but our under- not cooperating with the American right next to the water. And without employment rate is perhaps even much military. moving forward on Yucca Mountain, higher. All across this country you The question is: Should the American this waste will continue to be stored have college graduates who are work- taxpayer and the American soldier be there 15, 20, 25 more years. ing as waiters and waitresses in res- required to do nation building in Af- So let’s look at the Senators from taurants or in other low-paying jobs ghanistan, particularly when the the surrounding States that border this threat of terrorism is real, but it is not because they have gotten college de- body of water. We have Senator a nation-centered threat? It is dis- grees and can’t find good jobs because BLUMENTHAL—new. He said in a cam- persed around the globe. The new we’ve sent so many good jobs to other paign interview that he opposed Sen- American policy of counterterrorism, countries in recent years and because ator REID’s fight to prevent Yucca as opposed to counterinsurgency—that our regulatory environment is holding Mountain, so we put him in the ‘‘yes’’ is, going after terrorists where they are this country back and keeping it from column. Senator LIEBERMAN voted as opposed to nation building where booming as it should be right now. ‘‘no’’ in 2002, so we put him in the ‘‘no’’ some may be—is the right direction for f column. Senator LAUTENBERG from this country to go. New Jersey voted ‘‘no’’ on the Senate Mr. Speaker, the policy announced ACCELERATE OUR WITHDRAWAL Appropriations Committee amendment by Mr. Panetta to accelerate that with- FROM AFGHANISTAN to restore funding, so we put him in drawal is overdue and it is timely at The SPEAKER pro tempore. The the ‘‘no’’ column. Senator MENENDEZ this point. I strongly support it and Chair recognizes the gentleman from from New Jersey has been a vocal crit- urge my colleagues to do so as well. Vermont (Mr. WELCH) for 5 minutes. ic, and so he’s in the ‘‘no’’ column. Mr. WELCH. Mr. Speaker, on Feb- f KIRSTEN GILLIBRAND, Senator from ruary 1 of this year, Defense Secretary HIGH-LEVEL NUCLEAR WASTE New York, we have her as undecided. Leon Panetta said that American The SPEAKER pro tempore. The We’re kind of waiting for her to take a forces would step back from a combat Chair recognizes the gentleman from position. Part of this debate is to at role in Afghanistan as early as mid- Illinois (Mr. SHIMKUS) for 5 minutes. least get Senators on the record some- 2013. This is a year faster than had been Mr. SHIMKUS. Mr. Speaker, I come how to see where they will be on this announced only months previously. He back to the floor again this week to position. also added that U.S. troops would move continue to talk about high-level nu- Senator SCHUMER—obviously fairly into an advise-and-assist role to Af- clear waste and its location around the close to Connecticut and New York ghanistan security forces. I know that country. City—he had voted ‘‘no’’ in ’02. Senator most everyone who has joined me on This week really saddens me because, JACK REED—actually a pretty good this floor this morning would want a in the weeks past when I’ve identified friend of mine—from Rhode Island faster transition. To be frank, we wish the U.S. Senators from the appropriate voted ‘‘no’’ in 2002. Senator WHITE- we could have avoided much of this 10- States, usually I would have more in HOUSE, a Democrat from Rhode Island, year nation building altogether. I rise support of moving their high-level nu- we have as really ‘‘undecided.’’ Two today to express my strong support for clear waste out of their State than who ‘‘undecided,’’ a whole bunch of ‘‘nays,’’ the administration’s decision to reduce wants to vote to keep it in their State. and one ‘‘yes.’’ our military footprint on an acceler- As I go to Connecticut today and the So how does that do for our totality ated timeline. States surrounding Connecticut, it is of where Senators are at this time Mr. Speaker, our soldiers, our men really amazing how many Senators based upon the information we have? and women in uniform, will do and do have gone on record to say, No, it is Well, we have 41 Senators who say we do whatever it is we ask of them. In- okay; we will just keep this nuclear need to move high-level nuclear waste deed, the sacrifices that our soldiers waste in our State for 15, 20, 25 more out of our State to a desert underneath and their families have made have been years. a mountain. We have 14 that we really extraordinary. Just this morning, with With that, let’s look at the options have no public record on. We’d like to Congressman DONNELLY, I met a family we have here. see the Senate sometime take a vote who lost their dad, and his son is here The nuclear power plant that I’m ad- and figure out where they might be. who was serving with him in Afghani- dressing today is called Millstone. It is And we have 15 ‘‘nays.’’

VerDate Mar 15 2010 23:41 Feb 16, 2012 Jkt 019060 PO 00000 Frm 00005 Fmt 4634 Sfmt 0634 E:\CR\FM\K16FE7.008 H16FEPT1 jbell on DSK7SPTVN1PROD with HOUSE H810 CONGRESSIONAL RECORD — HOUSE February 16, 2012 Now, why is this important? The Nu- States’ coral reefs, which are pro- deal, protecting our military training clear Waste Policy Act in 1982 said: foundly sensitive to oil spills. areas is also important. The military Let’s find a single repository. The Blue Coastal resources like mangroves and uses the eastern Gulf of Mexico for Ribbon Commission, which testified be- sea grasses would also be put in harm’s training operations, and the Pentagon fore my committee just last week, said: way, as well as Florida’s vibrant com- has said that drilling structures and We need a long-term geological reposi- mercial and recreational fishing indus- associated development are incompat- tory. As I quoted in a story yesterday, tries. That is why so many bipartisan ible with military activities, like mis- Brent Scowcroft, the cochair, said: members of Florida’s congressional sile flights, low-flying drone aircraft, We’re not excluding Yucca Mountain, delegation have lined up in opposing and training. For this reason, the Pen- but we have so much nuclear waste drilling near our shores. In fact, a few tagon has long opposed expanding off- now that we’re going to have to find a weeks ago, Congressman JOHN MICA shore drilling in the eastern gulf. second location. held a field hearing in Miami to discuss The 2006 law incorporates an agree- So you can continue your fight on the dangers of offshore drilling by Cuba ment between the Department of the Yucca Mountain, but the Blue Ribbon that is within 100 miles of Florida’s Interior and the Defense Department Commission said we need a long-term shores. The Florida Lieutenant Gov- to set aside waters east of the ‘‘mili- geological storage centralized. We’re ernor—a Republican—Jennifer Carroll tary mission line’’ to preserve military just saying we already have one. If stated at the hearing that: readiness. On behalf of Florida’s tour- we’re going to need a second one, then The Deepwater Horizon incident in 2010 has ism industries, fishing industries, and we better start that process of looking shown that a spill that poses even a poten- on behalf of the needs of the Defense at a second one, but we ought to start tial of impacting Florida’s water or land Department and in the name of mili- causes a huge negative impact on the econ- tary readiness, I urge my colleagues to filling up the first one. omy. We spent $15 billion. And why aren’t remove this terrible provision from I could not have said it better myself. we moving forward? Well, we have the this legislation. This is why we simply should not allow majority leader of the Senate who says To add insult to injury, it is uncon- drilling in the eastern Gulf of Mexico. scionable that House leadership has re- no. In fact, my colleague, Mr. CLYBURN, I would welcome a debate weighing was quoted in a paper as saying: As fused to even allow a vote on a bipar- the harms against the benefits of ex- tisan amendment that I cosponsored long as HARRY REID is alive, Yucca is panding offshore exploration off Flor- dead. with my Florida colleagues that would ida’s coastline if the benefits were have stripped out the GOMESA repeal. f comparable to the risks, but they’re If they had the courage of their convic- OPPOSING PIONEERS ACT not—not even close. Expanding drilling tion, they would allow a fair and open for oil in the Gulf of Mexico would not The SPEAKER pro tempore. The debate on this. But when you don’t lower gas prices or produce enough oil Chair recognizes the gentlewoman from have much to back up your argument, to reduce our dependence on foreign Florida (Ms. WASSERMAN SCHULTZ) for 5 you can’t allow a fair fight. oil. minutes. In short, opening the eastern Gulf of f Ms. WASSERMAN SCHULTZ. Mr. Mexico is not the answer to our energy COMMEMORATING THE LIFE OF Speaker, I rise in strong opposition to concerns. If we are serious about DANNY THOMAS the so-called PIONEERS Act that, weaning our dependence on foreign oil, among other things, repeals the Gulf of The SPEAKER pro tempore (Mr. we need to continue the clean energy RIBBLE). The Chair recognizes the gen- Mexico Energy Security Act, or policies of the Obama administration tlewoman from Tennessee (Mrs. BLACK) GOMESA. and efforts in recent years by Congress. It’s hard to believe that the lessons for 5 minutes. We have more domestic oil production Mrs. BLACK. Mr. Speaker, I’m here of the Deepwater Horizon oil spill are today, right now, than we have ever today to commemorate the life of a already being forgotten, less than 2 had. For example, the 2007 bipartisan truly wonderful man, Mr. Danny years after almost 5 million barrels of effort to increase the fuel efficiency of Thomas, who represents so much that oil flowed out into the ocean and dev- cars over the next decade will have a is wonderful about our country. astated the gulf region’s environment profound effect on the demand side of Born to a poor immigrant family, and economy. the supply-demand equation. Thomas understood the meaning of Through this horrible tragedy, we The Natural Resources Defense Coun- hard work from a very young age. He learned firsthand the dangers of drill- cil estimates that by 2020 the new auto started work at the age of 10 selling ing at extreme ocean depths and the fuel standards will save consumers $65 newspapers and worked until he moved difficulties in stopping a spill once it billion in fuel costs by cutting con- to Detroit to go into show business. occurs. We also learned the dangers sumption by 1.3 million barrels a day— After years of struggling, Thomas posed by the powerful Gulf of Mexico more than could be produced in the achieved unrivaled success with shows loop currents in the eastern gulf. These eastern gulf in an entire year. like ‘‘Make Room for Daddy,’’ the loop currents are capable of trans- Finally, a little history lesson on the ‘‘Andy Griffith Show,’’ and the ‘‘Dick porting spilled petroleum into the 2006 law that this bill will repeal. In Van Dyke Show.’’ It was with this suc- Florida Straits, through the Florida 2006, Republican leadership in both cess that Thomas started St. Jude Keys, and onto shorelines up the Atlan- Houses of Congress enacted GOMESA, Children’s Research Hospital, where no tic side of my home State, endangering which opened 8 million acres for new child is turned away because of an in- hundreds of miles of coastline in Flor- oil drilling leases off Florida’s pan- ability to pay. ida, and beyond up the east coast. handle in the eastern Gulf of Mexico. We were extremely lucky that more In exchange, the 2006 law placed the b 1050 of Florida was not affected by the rest of the eastern gulf under a statu- Since it opened in 1962, St. Jude has Deepwater Horizon spill in 2010 and tory moratorium until 2022. That saved thousands of lives, helped count- that the site of the spill was not within agreement should be honored, not less families, and forwarded vital re- these normally-occurring loop cur- tossed aside less than 6 years later. search on childhood cancer and other rents. Allowing drilling in the eastern Our word must be our bond, or nego- diseases. Gulf of Mexico would place leasing di- tiations and handshakes are rendered This month marks the 50th anniver- rectly within the strong loop current meaningless. In my 19-year legislative sary of St. Jude, and to commemorate and is the height of folly. career, your word being your bond was this incredible work done at St. Jude, Even if we didn’t have such a power- always supposed to be paramount. In the U.S. Postal Service is honoring ful precautionary tale as the Deep- this case, apparently there are some Danny Thomas and St. Jude with a water Horizon accident, drilling near Members of the Republican leadership commemorative stamp. I can think of Florida’s coast simply doesn’t add up. that don’t believe that and are willing no one and no charity more worthy for Florida’s $65 billion tourism industry to cast it aside. this honor than Thomas and St. Jude. relies on pristine beaches. Florida is Beyond the economic and environ- His is a story of hard work, success, also home to 85 percent of the United mental reasons for honoring the 2006 and giving.

VerDate Mar 15 2010 23:41 Feb 16, 2012 Jkt 019060 PO 00000 Frm 00006 Fmt 4634 Sfmt 0634 E:\CR\FM\K16FE7.010 H16FEPT1 jbell on DSK7SPTVN1PROD with HOUSE February 16, 2012 CONGRESSIONAL RECORD — HOUSE H811 HONORING THE LIFE OF SPE- and the memory of Specialist Robert formula grow deeper and the cost of a CIALIST ROBERT J. TAUTERIS, Tauteris, Jr. He is a testament to the full repeal increases. A full repeal in JR. great honor possessed and sacrifices 2005 would have cost less than $50 bil- The SPEAKER pro tempore (Mr. made by our men and women in the lion. Today’s cost is upwards of $300 RIBBLE). The Chair recognizes the gen- Armed Forces. We mourn his passing billion. In the next 5 years, if nothing tleman from Indiana (Mr. DONNELLY) and offer solemn gratitude for his serv- is done to correct this predictable cri- for 5 minutes. ice and sacrifice. sis, the cost of short-term fixes and the Mr. DONNELLY of Indiana. Mr. On behalf of the United States of total debt accumulated from the SGR Speaker, I rise today to solemnly re- America, we want to thank your fam- will climb to over $600 billion. member and honor the life and dedi- ily for your service, for your sacrifice, With the drawdown of the conflicts in cated service of Specialist Robert and for everything you have done. Iraq and Afghanistan and the home- Tauteris, Jr., a native son of Hamlet, God bless you. coming of many of the brave young Indiana, and a proud member of the f men and women who so proudly served our country in those theaters over the 713th Engineer Company based in REFORMS TO THE MEDICARE course of the past decade, we are pre- Valparaiso and assigned to 81st Troop SYSTEM Command. sented with a unique opportunity to Specialist Tauteris died, along with The SPEAKER pro tempore. The provide for a permanent fix to the three of his fellow soldiers, on January Chair recognizes the gentleman from Medicare physician payments, and to 5, 2012, in Kandahar province, Afghani- Pennsylvania (Mr. FITZPATRICK) for 5 do so without adding to our already stan, of wounds sustained when their minutes. burdensome national debt. The use of vehicle was hit by a roadside impro- Mr. FITZPATRICK. Mr. Speaker, I savings from the Overseas Contingency vised explosive device as they scouted rise today to speak on behalf of the Operations fund to permanently repeal for bombs and potential problems along senior citizens in Pennsylvania’s the SGR formula will provide doctors a major supply route. Eighth Congressional District who rely and their patients with the certainty The State of Indiana mourns the loss on a Medicare system which makes they so desperately need in these dif- of the four brave men who took on this predictable and stable payments to ficult economic times. dangerous mission to ensure the safety their physicians. As with so many of the challenges of their fellow soldiers. Specialist I came to Washington, with one of facing our Nation today, we are pre- Tauteris died, along with his fellow Na- the largest freshman classes in recent sented with two clear options: tional Guardsmen, Specialist Brian history, to make the difficult decisions We can choose to ignore the problems Leonhardt, Specialist Christopher Pat- that for too long have been deferred posed by the SGR formula to doctors, terson, and Staff Sergeant Jonathan and delayed. I’m proud to have joined a seniors, and to our fiscal health by con- Metzger. Private Douglas Rachowicz bipartisan group of my fellow Rep- tinuing the practice of short-term fixes was severely injured in the same inci- resentatives last spring in passing a and forced draconian cuts to hospitals dent. budget resolution which addressed the and health care providers and apply the Robert graduated from North Judson long-term challenges facing Medicare. savings from the OCO funds elsewhere; High School in 1986 and had worked in The budget resolution we supported or manufacturing at Ferro Corporation in provides fiscal stability to a program We can choose to use these funds to Plymouth. Robert Tauteris served one which will face severe cuts and drastic permanently repeal the SGR and to set tour in Afghanistan with the National changes in the future without serious our Medicare system on a new path and Guard and volunteered for his second reform. However, while these basic re- provide for long-term stability for doc- deployment when his son, Robert forms to the existing system are being tors that promote equality, efficiency, Tauteris III enlisted. Father and son debated, we are currently faced with a and improved health care services for left together for Afghanistan in the fall more pressing issue, the solution to our Nation’s seniors. of 2011. Bobby III accompanied his which has already earned widespread I understand that we’re presented dad’s body home to Dover Air Force support among lawmakers, doctors, with another opportunity to provide Base. and health care industry groups. some breathing room for doctors and Robert’s posthumous awards include The practicality of the sustainable their patients as part of the middle the Bronze Star Medal, Purple Heart, growth formula for Medicare payments class tax cut bill that looks to achieve Army Good Conduct Medal, and the has been a subject of much debate in bipartisan support here this week. Let Army Achievement Medal. He also this Chamber since its implementation us use the next 10 months to engage in earned the National Defense Service in 1997. Over the course of the past two some honest discussion about the real Medal, Afghanistan Campaign Medal decades, Congress has deemed it ac- cost and impact of the SGR. Let’s get with the Bronze Service Star, Global ceptable to provide for short-term, this right before the end of the year. War on Terrorism Service Medal, temporary fixes to ensure that doctors And I look forward to working with my Armed Forces Reserve Medal with M receive adequate payment for the serv- colleagues on both sides of the aisle to Device, Army Service Ribbon, Overseas ices they provide to Medicare patients. do just that. Service Ribbon, the NATO Medal, Com- Short-term fixes provide no stability or f bat Action Badge, Driver and Mechanic predictability to these important serv- Badge, Combat and Special Skill ice providers. BRING THE WAR IN AFGHANISTAN Badge, Basic Marksmanship Qualifica- In speaking with a cardiologist in my TO AN END tion Badge, and the Overseas Service home of Bucks County, he shared his The SPEAKER pro tempore. The Bar. It is an extraordinary record, and concerns with me over the way Con- Chair recognizes the gentlewoman from he is an extraordinary hero. gress has chosen to handle the SGR. He California (Ms. LEE) for 5 minutes. Robert will be remembered by his told me that every time a short-term Ms. LEE of California. Mr. Speaker, friends, his family, and fellow soldiers extension comes up for a vote, he is first let me just thank my colleagues, as a dedicated, reliable, hardworking faced with the possibility of having to Congressman JONES, Congressman man who cared deeply for his family. lay off employees and reducing his MCDERMOTT, Congressman ELLISON and He is survived by his sons, Robert III practice in the face of potential cuts. others, for speaking out this morning and Matthew; Robert III’s wife, The constant threat of cuts to the clearly, saying that it’s past time to Kayla—and they are here with us Medicare reimbursement rate prevents bring the war in Afghanistan to a swift today—his dad, Robert Tauteris; his doctors and hospitals from developing and orderly end. sister, Tammy Tauteris Smith; broth- new delivery and payment models in- There’s no military solution in Af- er, Tom; half-brother, Darrel Ray tended to reduce rising health care ghanistan. We need to bring our troops Minix; and stepmother, Nichelle; as costs and denies them the flexibility home now, and we need to make sure well as extended family and friends they need to achieve savings through that we leave no permanent military who are left to treasure his memory. improved care. bases. The American people are sick It is my solemn duty and humble Each time Congress enacts a short- and tired of the past decade of war, and privilege to honor the life, the service, term fix, the scheduled cuts in the SGR they want this war to end.

VerDate Mar 15 2010 23:41 Feb 16, 2012 Jkt 019060 PO 00000 Frm 00007 Fmt 4634 Sfmt 0634 E:\CR\FM\K16FE7.012 H16FEPT1 jbell on DSK7SPTVN1PROD with HOUSE H812 CONGRESSIONAL RECORD — HOUSE February 16, 2012 At a time when tens of millions of (SAF/RPG) making up the bulk of operations Mr. DOLD. Mr. Speaker, today I rise Americans are unemployed and nearly (55%) and IED/IDF operations at 44%. Sui- to pay tribute to American men and 50 million Americans are living in pov- cide attacks remained at just 1% of the total women in uniform, but specifically to erty, the Pentagon is requesting al- yet caused close to 70% more fatalities this an era in the Vietnam conflict that I year, including roughly 400 Afghan civilians most $100 billion in the President’s (230 in 2010). think did not get as much thanks as it budget to fund Overseas Contingency Throughout the year ISAF made a number deserves. Operations, including the wars in Iraq of statements claiming a 3% reduction in at- On February 11, 1965, flying off of the and Afghanistan. tacks between Jan–Aug when compared with USS Coral Sea, Lieutenant Commander 2010. We are not in a position to evaluate Robert Harper Shumaker, flying an F– b 1100 their data but, obviously, we do not agree 8 Crusader, was shot down over North First of all, we all thought the war in with their finding and advise NGOs to simply Vietnam. His parachute deployed about Iraq was really supposed to be over. So ignore it as practical security advice—a use 35 feet before he hit the ground. His why in the world are we spending bil- for which it was likely never intended in any case. We find their suggestion that the insur- back was broken upon impact. He was lions of dollars on a war that we are no immediately captured and paraded longer fighting? Mr. Speaker, we’ve al- gency is waning to be a dangerous political fiction that should be given no consideration through the streets. ready spent over $1.3 trillion on the in NGO risk assessment for the coming year. They took him to what became wars in Iraq and Afghanistan, and we Interestingly, our data does find that this known at that time as the Hoa Lo Pris- cannot afford to blindly continue down year’s 14% growth rate (what you might call on. This was going to be the main facil- this path. the IEA profit margin) is substantially lower ity that would house POWs over the The reason, of course, that I voted than previous years (above right) suggesting next several years. This prison was against that original resolution in 2001 that there has indeed been some serious re- then dubbed by Commander Shumaker duction in the effort that the IEA is putting authorizing the use of military force as what we know it today, the Hanoi was because it was a blank check for in. Whether this reduction has been forced upon them by ISAF or whether they con- Hilton. This was an area where a num- war against any nation, anywhere, any- sciously chose it—on the calculus that there ber of POWs were tortured on a regular time, any organization, and any indi- is no point sprinting to the finish if everyone basis. Lieutenant Commander vidual. else has dropped out of the race—is unknown Shumaker was the second American The situation we are in right now, to us and, we suspect, to ISAF. pilot shot down. At that point in time, being asked to spend another $100 bil- The report reads: it was somewhat of a blessing because lion on endless war, is exactly what we We find their suggestion that the insur- the news media actually got pictures should have considered 10 years ago gency is waning to be a dangerous political and was able to send word back to his when we went down this path. This war fiction that should be given no consideration family that he was, indeed, alive. That without end must end. in NGO risk assessment for the coming year. same fate would not be given to many While everyone would like a stable ‘‘A dangerous political fiction’’—that other POWs, which is why the POWs democracy in Afghanistan, the facts on is how this organization dedicated to spent time each and every day memo- the ground suggest that we are not ensure the safety of NGO employees in rizing the names, the ranks, of all of headed in that direction, yet we’ve Afghanistan characterizes the rosy re- the other 591 POWs that would go spent hundreds of billions of dollars ports of steady progress in Afghani- through the halls of the Hanoi Hilton. there. Instead of a stable democracy, stan. Mr. Speaker, if we’re going to ask The Hanoi Hilton wasn’t the only we have a corrupt state that relies al- our brave men and women in uniform prison, however. Eleven members of most entirely on foreign countries for to continue to risk their lives in Af- the United States military were actu- its budget. ghanistan, the least we can do is be ally taken out of the Hoa Lo Prison The reality on the ground in Afghani- frank and honest about how we are and brought over to what would be- stan stands in stark contrast to the doing in Afghanistan. Our soldiers de- come known as Alcatraz. These became steady reports of progress we have been serve to know the truth, and the Amer- known as the Alcatraz Eleven. These hearing from those who seek to main- ican people deserve to know the truth were considered by the North Viet- tain a military presence in Afghanistan after spending the past decade fighting namese to be the eleven greatest in 2014 and beyond. It’s time to bring wars. threats to camp security. We had men our troops home from Afghanistan— The war in Afghanistan has already like Jeremiah Denton, who was a sen- not in 2014, not next year, but right taken the lives of almost 1,900 soldiers ator from Alabama, Jim Stockdale, now. and drained our treasury of over $500 who was awarded the Congressional Later today, some of us will be meet- billion in direct costs. Those costs will Medal of Honor, George Coker, Ron ing with the courageous Army officer only go up as we spend trillions of dol- Storz, and I’m pleased to say a Member Colonel Daniel Davis. Colonel Davis lars on long-term care for our veterans, of this body, SAM JOHNSON. wrote a revealing account of the war in which we must do. In Alcatraz, these men spent literally Afghanistan after witnessing the huge We are set to spend an additional $88 years in solitary confinement in a 3-by- gap between what the American public billion in Afghanistan over the next 9 foot box with a single lightbulb which was being told about progress in Af- year while domestic cuts in education, was kept on all the time. They were ghanistan and the dismal situation on health care, roads, bridges, and other tortured on a regular basis if they were the ground. essential priorities are sacrificed. caught communicating. Lieutenant Colonel Davis’ assessment is backed Again, I repeat, it is time to bring our Commander Shumaker was actually up by a recently released report from troops home from Afghanistan, not in known amongst his peers as ‘‘the great Afghanistan’s NGO safety officer. The 2014, not next year, but right now. communicator.’’ report warns NGO employees in Af- Let me conclude by saying that as They’d devised a tap code earlier, the ghanistan not to take seriously the the daughter of a 25-year Army officer tap code which would become famous message of advances in security com- who served in two wars, I salute our for those going through POW training, ing from the Pentagon. troops, and I honor our troops. Our survival training. Mr. Speaker, I ask that this page service men and women have per- It was a 5-by-5 box. Starting in the from the Afghanistan NGO safety offi- formed with incredible courage and top row, A, B, C, D, E—they cut out cer quarterly data report be inserted commitment in Afghanistan. But they ‘‘K’’ so they could have an even 5-by-5 into the RECORD. have been put in harm’s way, and they box. They would communicate unbe- AOG INITIATED ATTACKS have performed valiantly. It’s time to lievable volumes of knowledge. Lieu- AOG initiated attacks grew by 14% over bring them home. tenant Commander Shumaker actually last year and demonstrated an enhanced taught French through the walls to operational tempo—with 64% of all oper- f SAM JOHNSON. ations occurring before the end of July (com- ALCATRAZ ELEVEN pared to 52% in 2010)—and then trailing off In that solitary confinement, again, sharply once OP BADR ended over Ramadan. The SPEAKER pro tempore. The if they were caught communicating, The tactical portfolio remained consistent Chair recognizes the gentleman from they were tortured, so there was a re- with 2010, with close range engagements Illinois (Mr. DOLD) for 5 minutes. luctance to communicate. But that’s

VerDate Mar 15 2010 03:23 Feb 17, 2012 Jkt 019060 PO 00000 Frm 00008 Fmt 4634 Sfmt 0634 E:\CR\FM\K16FE7.013 H16FEPT1 jbell on DSK7SPTVN1PROD with HOUSE February 16, 2012 CONGRESSIONAL RECORD — HOUSE H813 how they kept themselves alive. That’s Davis’ military career and personal public must have access to this type of how they exercised the one most im- life, and it forces us to confront un- information. portant muscle out there, and that was comfortable truths about the war in The American public, which bears their brain. Afghanistan and about the decision- the extraordinary cost of this war both Just a couple days ago, Mr. Speaker, making that has led us to our current in money and in pain, deserves to know marked the 39th anniversary of their situation. the truth. The ancient Greek play- release, February 12, 1973. So, although Davis reports: wright Aeschylus cautioned: ‘‘In war, we were not here in this body—we were Senior-ranking U.S. military leaders have truth is the first casualty.’’ at home—I felt it appropriate to come so distorted the truth when communicating It is time to reclaim the truth of our up and talk about the anniversary. with the U.S. Congress and American people war in Afghanistan by having congres- Lieutenant Commander Shumaker in regards to conditions on the ground in Af- sional hearings. They should begin holds a near and dear place in my ghanistan that the truth has become unrec- now. Some of us believe we ought to heart. He happens to be my uncle. ognizable. bring the troops home more quickly When my wife and I had our first child, I strongly encourage every Member than the President, but we have to we decided to name her Harper after of Congress to read this report as soon have hearings so that the American him. as possible. It’s like the Pentagon pa- public will understand why it is this This is an example of the bravery pers in its power. After reading it, you action should be taken. that goes on each and every day for our will find it impossible not to heed f men and women in uniform. Not a day Davis’ advice to hold public congres- goes by that I don’t thank the good sional hearings on the state of the Af- THE DANNY THOMAS Lord for the men and women that are ghan war. COMMEMORATIVE STAMP protecting our Nation each and every More than 5,500 Americans were The SPEAKER pro tempore. The day. But I don’t look at the picture of killed or wounded in Afghanistan in Chair recognizes the gentleman from my uncle upon his capture and say it’s 2011 alone. ‘‘How many more soldiers,’’ Tennessee (Mr. COHEN) for 5 minutes. never going to be that bad. he says, ‘‘must die in support of a mis- Mr. COHEN. Mr. Speaker, I rise The stories are remarkable, and they sion that is not succeeding?’’ That is today to talk about the life and work continue to come in day and day out his question. Each and every one of us of Danny Thomas and of the St. Jude because they don’t like to talk about ought to ask himself or herself this dif- Children’s Research Hospital, which is them. This was a unique group of indi- ficult question. Even our intelligence located in Memphis, Tennessee. viduals that the American public was agencies are skeptical about the Af- This year marks the 50th anniversary actually in support of. The Vietnam ghan war—if it is salvageable and if our of St. Jude’s hospital and what would conflict wasn’t very supported, but ev- objectives are realistic. have been the 100th birthday of Danny erybody in America was supportive of Last month, a National Intelligence Thomas. Commemorative postage the POWs that were putting their lives Estimate given to President Obama stamps are one of the most visible and on the line. painted a bleak picture about our ef- enduring ways that our Nation honors They would resist time and again forts in Afghanistan. At current levels organizations and people. Today, the from giving up information, and yet of foreign assistance by the U.S. and United States Postal Service will be the North Vietnamese would continue Europe, which will be hard to sustain celebrating the life and work of Danny to bring them in to try and torture under the budgetary pressures, the NIE Thomas with the commemorative them for additional information. does not forecast rapid improvements stamp in my district of Memphis, Ten- Mr. Speaker, we are blessed to have in Afghan security forces or govern- nessee, at the St. Jude Children’s Re- countless American heroes amongst us, ance or in the removal of the Taliban. search Hospital. but I am proudest of my Uncle Bob I fear that we have forgotten the dif- Danny Thomas was born on January Shumaker. ference between respect for our mili- 6, 1912, in Deerfield, Michigan. After f tary leaders and unquestioning def- saving enough money, he moved to De- erence to them. Questioning the war’s troit to take up a show business career. b 1110 strategies and objectives and con- One of his first jobs was on a radio HONORING THE COURAGEOUS PA- sequences all too often discredits one’s show called ‘‘The Happy Hour Club,’’ TRIOTISM OF ACTIVE DUTY patriotism and impugns one’s motives. which is where he met his wife, Rose ARMY OFFICER LIEUTENANT Yet that unflinching assessment is pre- Marie Mantell. He met her on the COLONEL DANIEL DAVIS cisely what the lieutenant colonel im- show, and he escorted her home for 3 The SPEAKER pro tempore. The plores us to do. years, traveling together on a street- Chair recognizes the gentleman from After 10 years in Afghanistan, what is car. Finally, he proposed. They were Washington (Mr. MCDERMOTT) for 5 the wisest course for us now? married in 1936, and they had three minutes. Sadly, we cannot even begin to an- children whom the world pretty much Mr. MCDERMOTT. Mr. Speaker, this swer that question because the ramp- knows—Marlo, Tony, and Terre. country has many faces of bravery, and ant over-classification of information When Rose Marie was about to give today I want to recognize the coura- has made it nearly impossible for Con- birth to their first child, Marlo, Danny geous patriotism of active duty Army gress to fully oversee, evaluate and to, Thomas was torn between his dedica- officer Lieutenant Colonel Daniel perhaps, recast our war efforts. tion to work and his responsibilities to Davis, who recently returned from a Recently, declassified information his wife and his newborn daughter. second tour in Afghanistan. about the Afghan war exposed brutal Desperately, he sought relief in prayer. He traveled thousands of miles realities that have been withheld from He knelt before the statue of St. Jude, throughout the country, patrolled with the public—American troops inciden- the patron saint of hopeless causes, and American troops in eight provinces, tally and accidentally killing Afghan begged for a sign. Should he or should and spoke to hundreds of Afghan and civilians, widespread corruption in the he not remain in show business? He American security officials and civil- U.S.-backed Karzai government and promised that if St. Jude showed him ians about conditions on the ground. revelations about Pakistan’s assistance the way he would erect a shrine in his Convinced that senior leaders of this to Afghan insurgents, to name just a honor. war, both uniformed and civilian, have few. Danny went on to become one of the intentionally and consistently misled Not every American has traveled best loved entertainers of his era, star- the American people about the condi- 9,000 miles and witnessed what Lieu- ring in many TV shows and movies. tions in Afghanistan, Davis wrote an tenant Colonel Davis has seen, heard, From ’53 to ’64, he received five Emmy 84-page report challenging the mili- and understood; but we can in this nominations for a starring role in tary’s assertion that the war in Af- body, and must, begin to investigate ‘‘Make Room for Daddy,’’ winning Best ghanistan has been a success. the charges of deception and dishon- Actor Starring in a Regular Series in This report, which I read, was writ- esty in his report. For our democracy ’53 and ’54. The show also received an ten at great risk to Lieutenant Colonel to work, congressional officials and the Emmy for Best New Situation Comedy

VerDate Mar 15 2010 00:15 Feb 17, 2012 Jkt 019060 PO 00000 Frm 00009 Fmt 4634 Sfmt 0634 E:\CR\FM\K16FE7.015 H16FEPT1 jbell on DSK7SPTVN1PROD with HOUSE H814 CONGRESSIONAL RECORD — HOUSE February 16, 2012 in ’53 and Best Situation Comedy in ’54. worthy of the honor a commemorative your courage is challenged until they He also produced comedy programs: stamp imparts. His life perfectly illus- find out that you were right. So let me ‘‘The Dick Van Dyke Show,’’ ‘‘The trates how the American Dream can be be clear: Andy Griffith Show,’’ ‘‘The Real within the reach of anyone, even an I strongly oppose nuclear prolifera- McCoys,’’ and ‘‘The Mod Squad.’’ immigrant son of Lebanese parents tion, and that includes Iran. I have Yet he never forgot his promise to with a humble upbringing. supported sanctions against Iran to build a shrine to St. Jude. He had con- Mr. Thomas was an extremely com- help prevent the spread of nuclear versations with his close friend and passionate man who certainly deserves weapons. Iran’s repression of human mentor, a native of Tennessee and nationwide recognition for his dedica- rights and support for terrorist groups archbishop of Chicago, Cardinal Sam- tion to St. Jude and all the children is appalling. uel Stritch. Cardinal Stritch was the that the hospital has helped over these But the heated rhetoric we hear cardinal in Toledo when Danny Thom- 50 years. To this day, Danny Thomas is around our city and the events on the as was in church, and they became still a part of every child’s experience world stage are deeply troubling, Mr. close. Cardinal Stritch, who served at St. Jude. Children rub the nose of Speaker. News headlines read, ‘‘The time in Memphis at St. Patrick’s Danny’s statue for good luck prior to Coming Attack on Iran.’’ Pundits dis- church after he was in Nashville, which every treatment, sure proof that he cuss the possibility with shocking cas- was his home, told Danny that the will always be a source of hope and in- ualness, and I am alarmed by this. shrine to St. Jude should be a hospital spiration. America, we have seen this movie be- where children should be cared for re- I was pleased to support this effort fore, and, Mr. Speaker, it doesn’t end gardless of race, religion, or ability to by leading a letter to Postmaster Gen- well. Two months after leaving Iraq, pay. He told him that the hospital eral Patrick Donahoe, and I commend we have already forgotten the con- should be in Memphis, Tennessee. the United States Postal Service for se- sequences of war it appears. If you need Cardinal Stritch was a great man for lecting Danny Thomas. a reminder, talk to a veteran or a vet- many, many reasons, but this was one I urge everyone to contribute and to eran’s widow. of them—the creation of the St. Jude visit the St. Jude Children’s Research Our military leaders are cautioning Children’s Research Hospital with Hospital. I congratulate St. Jude and against a strike on Iran. Secretary of Danny Thomas. The hospital, located the family of Danny Thomas for this Defense Leon Panetta said the United in Memphis, is one of the world’s pre- honor and for all that they do for chil- States ‘‘could possibly be the target of mier centers for research and treat- dren of the world. retaliation from Iran, sinking our ment of pediatric cancer and for other f ships, striking our military bases.’’ He catastrophic children’s diseases. It is said, ‘‘That would not only involve AFGHANISTAN AND IRAN the first and only pediatric cancer cen- many lives, but I think could consume ter to be designated as a comprehen- The SPEAKER pro tempore. The the Middle East in a confrontation and sive cancer center by the National Can- Chair recognizes the gentleman from a conflict that we would regret.’’ Let cer Institute. Minnesota (Mr. ELLISON) for 5 minutes. me repeat, ‘‘a conflict that we would Children throughout the United Mr. ELLISON. Mr. Speaker, Presi- regret.’’ States and from around the world come dent Obama’s decision to end combat Mr. Speaker, I wish the United to Memphis and in through the doors of operations in Afghanistan next year is States had never entered Iraq. And be- St. Jude for treatment. Thousands welcome news. I commend President fore we entered it, the world—not just more have benefited from its research, Obama for making this decision. But Americans, but the world—said, ‘‘Don’t which is shared freely with the world we should bring our troops home even do it.’’ Some people led us to war any- global community. No child is denied sooner than that. way; and haven’t we all regretted— treatment because of an inability to The American people are tired of this after no weapons of mass destruction, pay. The hospital has developed proce- war in Afghanistan. Large majorities no linkage between Saddam Hussein dures that have pushed the survival of them want a safe and orderly with- and Osama bin Laden—that none of rate for childhood cancers from less drawal from Afghanistan as soon as these things that were recommended than 20 percent when the hospital possible. A decade of war has ravaged have come to pass, yet we’ve lost, lit- opened to 80 percent today. By U.S. military families, our Nation’s treas- erally, thousands of American lives and News and World Report, it ranks as the ury, and our standing in the world. perhaps $1 trillion. number one children’s cancer hospital I commend President Obama for end- Israeli intelligence officials have in the United States. It was the first ing the war in Iraq as well. I commend equally dire predictions about a mili- completely integrated hospital in the him for trying to end the war in Af- tary strike against Iran. Former Israeli South, a condition demanded by both ghanistan. The courageous truth tell- Mossad Chief Meir Dagan said that at- Danny Thomas and Cardinal Stritch. ing of Lieutenant Colonel Daniel Davis tacking Iran ‘‘would mean regional Black doctors treated white patients, should give us pause. His report and war, and in that case, you would have and white and black patients were to- the failure to establish peace in Af- given Iran the best possible reason to gether in the same rooms. ghanistan after 10 years of war should continue the nuclear program.’’ As one of Memphis’ largest employ- remind us that we need a political solu- There is serious concern that a mili- ers, St. Jude has more than 3,600 em- tion, not a military one. tary strike on Iran would hasten Iran’s ployees, supported by a full-time fund- We have ended the war in Iraq. This development of a nuclear weapon, not raising staff of almost 900 at ALSAC, is a good thing. We are slowly ending slow it down. A strike would only which is the American Lebanese Syrian the war in Afghanistan. This is also delay—not end—development. Speak- Associated Charities. The Shadiac fam- welcome news. But I suggest to you, ing about what would happen after a ily has a great history in running that Mr. Speaker, that it would be unwise military strike, retired General An- charity. ALSAC/St. Jude, the fund- for the United States to enter into a thony Zinni said, ‘‘If you follow this all raising organization of St. Jude, is the new war just as we’re ending two oth- the way down, eventually I’m putting third largest health care charity in ers. boots on the ground somewhere.’’ America, and it raises money solely to But if you listen to the rhetoric America cannot afford another war. support St. Jude. around Washington and the Nation, We’ve just gotten out of Iraq. We’re Mr. Speaker, it is literally impossible getting out of Afghanistan. And diplo- b 1120 to not hear the drumbeat of war with macy, diplomacy, diplomacy is what is Danny Thomas was presented with a Iran. The rhetoric in Washington about called for to avoid a new war with Iran. Congressional Gold Medal in 1983 by the military strike against Iran leads f President Reagan in recognition for his me to think that we may be sliding work with St. Jude Children’s Research into a new war yet. CONSTITUENT IDEAS Hospital. He died in 1991 at the age of I would like to be perfectly clear, be- The SPEAKER pro tempore. The 79. His great accomplishments and al- cause whenever you speak against a Chair recognizes the gentleman from truism make him an American hero war, your patriotism is challenged and Missouri (Mr. CARNAHAN) for 5 minutes.

VerDate Mar 15 2010 00:15 Feb 17, 2012 Jkt 019060 PO 00000 Frm 00010 Fmt 4634 Sfmt 0634 E:\CR\FM\K16FE7.017 H16FEPT1 jbell on DSK7SPTVN1PROD with HOUSE February 16, 2012 CONGRESSIONAL RECORD — HOUSE H815 Mr. CARNAHAN. Mr. Speaker, a few land are developed further. By working quorum is not present and make the weeks ago, I proposed a simple chal- together and reaching across the aisle, point of order that a quorum is not lenge to my constituents back home in I’m confident we can grow jobs and present. St. Louis. I said: Tell me your ideas for economic opportunity across this coun- The SPEAKER. Pursuant to clause 8, creating more jobs and economic op- try. rule XX, further proceedings on this portunity in 2012, and I’ll compile them b 1130 question will be postponed. and not only take them back to Wash- The point of no quorum is considered ington but work to turn your ideas into I look forward to using these com- withdrawn. monsense ideas to build a blueprint for action. f I want to thank the over 600 Missou- putting our economy back on track, to rians I heard from, each offering many turn these great ideas into action. PLEDGE OF ALLEGIANCE of their own commonsense solutions to f The SPEAKER. Will the gentleman help our economy continue to grow. RECESS from Texas (Mr. POE) come forward and I want to share their message on the lead the House in the Pledge of Alle- floor of the U.S. House of Representa- The SPEAKER pro tempore. Pursu- ant to clause 12(a) of rule I, the Chair giance. tives today. Their message was a clear Mr. POE of Texas led the Pledge of consensus that we need to invest in our declares the House in recess until noon today. Allegiance as follows: infrastructure, make things here in the I pledge allegiance to the Flag of the U.S., bring manufacturing jobs back Accordingly (at 11 o’clock and 30 minutes a.m.), the House stood in re- United States of America, and to the Repub- from overseas, educate and train our lic for which it stands, one nation under God, workforce for 21st century opportuni- cess. indivisible, with liberty and justice for all. f ties, and work together for the good of f the country instead of pulling our b 1200 country apart at the seams. ANNOUNCEMENT BY THE SPEAKER AFTER RECESS My constituents in St. Louis are The SPEAKER. The Chair will enter- deeply concerned that our communities The recess having expired, the House tain up to 15 requests for 1-minute will be left behind in this new global was called to order by the Speaker at speeches on each side of the aisle. economy if we don’t act now, right noon. f now, without delay. f As Joseph C. expressed best: PRAYER RELIGIOUS LIBERTY: THE Missouri is a great State, but I’m afraid it CONSTITUTION DEMANDS IT The Chaplain, the Reverend Patrick will be left behind, and manufacturing jobs (Mr. POE of Texas asked and was will go elsewhere. J. Conroy, offered the following prayer: given permission to address the House Chris K., from St. Louis, sent me an Eternal God, through whom we see what we could be and what we can be- for 1 minute.) email saying: Mr. POE of Texas. Mr. Speaker, reli- What would help my personal economic come, thank You for giving us another day. gious liberty is under attack by the ad- situation and those of many others would be ministration. a greater investment in our Nation’s infra- In these days, our Nation is faced structure. with pressing issues of conscience, con- The right of religious liberty is guaranteed in the First Amendment of the Joseph P., from St. Louis, com- stitutional religious and personal rights, and matters of great political Constitution because it is a foundation mented: for other rights. Yet the administra- Investing in our infrastructure and edu- importance. We thank You that so many Ameri- tion is forcing religious organizations cational systems will not only create jobs to violate their conscience by indi- but will also result in long-term economic cans have been challenged and have benefits for the entire Nation. risen to the exercise of their respon- rectly providing their employees with services that trample on those reli- Karen M. said: sibilities as citizens to participate in the great debates of these days. gious beliefs. We need to realize how important good car- The administration’s so-called penters, plumbers, electricians, bricklayers, Grant wisdom, knowledge, and under- secretaries, and caregivers are in the long standing to us all, as well as an extra ‘‘promise of accommodation’’ changes scheme of things. We need to encourage and measure of charity. nothing. It is just political word applaud these jobs. Send Your spirit upon the Members games. As Kevin N. put it: of this people’s House who walk The issue is not about contraception. This is an issue about religious liberty. We need to invest in infrastructure for through this valley under public scru- communications and transportation because tiny. Give them peace and Solomonic It affects not just Catholics, but many public infrastructure is the greatest catalyst prudence in their deliberations. religions and individuals of faith. for economic development. And may all that is done this day be Regardless of where Americans stand To create jobs, Diane M. said: for Your greater honor and glory. on the issue of contraception, sterilization or the morning-after pill, it should I have long thought that the unions and Amen. be alarming to all who believe the gov- small businesses that require special skills f should provide apprentice programs to stu- ernment should not persecute religion dents, which would give hope and possibility THE JOURNAL or substitute a government secular through real skills to thousands of students The SPEAKER. The Chair has exam- doctrine and impose it on citizens. who would not be exposed to these trades ined the Journal of the last day’s pro- The Constitution does not accommo- otherwise. ceedings and announces to the House date for religious liberty, it demands And Christine A. echoed this senti- his approval thereof. it, whether this administration likes it ment by saying: Pursuant to clause 1, rule I, the Jour- or not. I believe it could be helpful to increase job nal stands approved. And that’s just the way it is. training opportunities in our high schools. Mr. QUAYLE. Mr. Speaker, pursuant f We need to pull together to create to clause 1, rule I, I demand a vote on economic opportunities across this agreeing to the Speaker’s approval of STUDENT-LOAN BORROWER BILL country and for the good of the coun- the Journal. OF RIGHTS try. Marilyn B. wrote to me: The SPEAKER. The question is on (Mr. CLARKE of Michigan asked and Personally, I’m really frustrated with both the Speaker’s approval of the Journal. was given permission to address the sides of the aisle not being willing to work The question was taken; and the House for 1 minute and to revise and together for the good of all. Speaker announced that the ayes ap- extend his remarks.) As a Member of Congress, I pledge to peared to have it. Mr. CLARKE of Michigan. Mr. work with my colleagues to see that Mr. QUAYLE. Mr. Speaker, I object Speaker, I’m speaking directly to the these great ideas from America’s heart- to the vote on the ground that a American people today, to all families

VerDate Mar 15 2010 03:23 Feb 17, 2012 Jkt 019060 PO 00000 Frm 00011 Fmt 4634 Sfmt 0634 E:\CR\FM\K16FE7.019 H16FEPT1 jbell on DSK7SPTVN1PROD with HOUSE H816 CONGRESSIONAL RECORD — HOUSE February 16, 2012 who are burdened by student-loan debt. not penalize them. We need to create the American people. If those who can A solution is on the way. I am working more opportunities for manufacturing afford it don’t make the sacrifice, the on bills that will responsibly forgive right here in America and in my dis- survival of America will be affected. certain student loans and provide every trict in upstate New York. The President’s budget will ensure student-loan borrower with basic con- So I look forward to working collabo- that those who have been blessed with sumer protections by enacting a stu- ratively. I’m going to introduce legis- a portfolio that has multiplied under dent-loan borrower bill of rights. lation that I expect to be bipartisan in the Bush tax cuts will no longer be the I urge every Member of Congress to nature. Who could not agree that we primary beneficiaries of tax cuts and help our American families get out of could do more to make it in America? policies. this debt so they can live better lives f I urge my colleagues to insist that and create jobs for America. all Americans, including the rich, BUILDING BETTER BUSINESS f share the pain of this recovery. PARTNERSHIPS ACT OF 2012 f PRESIDENT’S BUDGET: HIGHER (Mr. SCHILLING asked and was TAXES, MORE DEBT PRESIDENT OBAMA’S PROPOSED given permission to address the House BUDGET IS DEBT ON ARRIVAL (Mr. WILSON of South Carolina for 1 minute and to revise and extend asked and was given permission to ad- his remarks.) (Mr. BUCHANAN asked and was dress the House for 1 minute and to re- Mr. SCHILLING. Mr. Speaker, when given permission to address the House vise and extend his remarks.) small businesses compete for govern- for 1 minute and to revise and extend Mr. WILSON of South Carolina. Mr. ment contracts, the government saves his remarks.) Speaker, for 3 years, Americans have billions of dollars, and thousands of Mr. BUCHANAN. Mr. Speaker, ear- watched the President as he has tried private sector jobs are created through lier this week, the President released to borrow and spend his way out of an these investments. However, the proc- his budget for next year. It fails to re- economic recession. His failed policies ess of contracting can be needlessly duce the national debt by one penny. have failed this Nation with unemploy- time-consuming and onerous for small That’s why it’s already being called ment still over 8 percent. businesses to navigate. Last year, the ‘‘debt on arrival.’’ The Washington Examiner stated: Federal Government failed to meet the Under this budget, for the fourth con- What this country needs is an honest lead- requirement for contracts awarded to secutive year, our Nation’s deficit will er who will tell the truth about our entitle- small businesses. This complicated pro- be measured in the trillions of dollars. ment spending crisis and identify real re- curement procedure is hindering job Let me repeat that. For four consecu- forms. But Obama’s latest budget does none creation and slowing our economic re- tive years, trillions of dollars in def- of that. Instead, he offers double doses of covery. icit. deficits, tax hikes, and crony capitalism. Failure to address our mounting debt America deserves better. Last week I introduced—along with my colleague, Representative JUDY crisis puts us on the same course as Over the past year, House Repub- CHU from California—H.R. 3985, Build- Greece. We need to act, and act now. licans have passed dozens of pieces of ing Better Business Partnerships Act Repeating the reckless spending pat- legislation that decrease spending, proof 2012. H.R. 3985 focuses on improving terns of the past defies common sense. vide tax cuts, and encourage job cre- and streamlining mentor-protege pro- It’s time for Washington to make the ation through private sector job grams which pair new businesses look- tough choices necessary to balance the growth. I urge the President and the ing to increase their government con- budget for taxpayers today and future liberal Senate to work with House Re- tracts with more experienced busi- generations. The American people de- publicans to support legislation that nesses. My bill will make mentor-pro- serve nothing less. promotes jobs. tege programs more efficient and suc- f In conclusion, God bless our troops, cessful by placing the SBA in charge of and we will never forget September the COMMENDING PRESIDENT overseeing and setting standards for 11th in the global war on terrorism. OBAMA’S COMMITMENT TO PRO- programs based on what we know MOTING INNOVATION f works. Ultimately, H.R. 3985 will make (Mr. FALEOMAVAEGA asked and it easier for small business firms to MAKE IT IN AMERICA was given permission to address the compete. (Ms. HOCHUL asked and was given House for 1 minute and to revise and permission to address the House for 1 f extend his remarks.) minute and to revise and extend her re- b 1210 Mr. FALEOMAVAEGA. Mr. Speaker, marks.) the catchword is ‘‘innovation.’’ Presi- Ms. HOCHUL. Mr. Speaker, from Buf- WE ARE AT A CROSSROAD IN dent Obama has made it clear that on falo to Rochester, New York, people in AMERICA the road to economic recovery we must my district want to get back to work. (Mr. BUTTERFIELD asked and was also make long-term investments in They just need the opportunity. That’s given permission to address the House American innovation. why during budget hearings yesterday for 1 minute.) In his FY 2013 budget proposal, Presi- with the Secretary of Defense and the Mr. BUTTERFIELD. We are at a dent Obama reasserted his commit- Secretary of Homeland Security, I crossroad in America where we must ment to an agenda that supports posed the question: Can our govern- decide if we’re going to continue build- startups and small businesses, where ment be doing more to make sure that ing economic recovery on the backs of new jobs are created. President Obama our limited Federal procurement dol- middle- and low-income families, or proposed to expand tax relief while lars are being spent on jobs in manu- whether we’re going to ask wealthy eliminating regulations that prevent facturing right back here in America? Americans to join in the sacrifice by aspiring entrepreneurs from getting The answer is, yes. They want to paying their fair share. the financing that is needed to grow. work with us, and we need to work to- Too many Americans have already The President’s budget also calls for gether to make more of our limited made sacrifices to aid our slow moving a $2.2 billion investment to support ad- dollars spent in companies that have a economy and reduce the deficit. The vanced manufacturing research and de- higher percentage of the American military had to scale back, Federal velopment programs to assist our busi- workforce right here making our de- workers had to take a pay freeze, ness community throughout the coun- fense systems and our products for the health care providers had to take a pay try. President Obama’s budget also cre- Department of Homeland Security. My cut, but we have not required those ates a manufacturing capacity for vital policy is to give more preferences to who can actually afford it to share in defense technologies and dramatically those businesses based on the percent- the sacrifice. improves production and distribution age of workers in America. Changing our Nation’s tax policies is of manufactured goods. We need to have a policy that is not about redistribution of wealth; it’s Mr. Speaker, I commend President going to reward those companies and about fairness, doing what’s best for Obama for his commitment to keeping

VerDate Mar 15 2010 00:15 Feb 17, 2012 Jkt 019060 PO 00000 Frm 00012 Fmt 4634 Sfmt 0634 E:\CR\FM\K16FE7.022 H16FEPT1 jbell on DSK7SPTVN1PROD with HOUSE February 16, 2012 CONGRESSIONAL RECORD — HOUSE H817 America the global frontrunner in in- minute and to revise and extend his re- reimbursements without the consent of novation. marks.) Congress. f Mr. QUAYLE. Mr. Speaker, in just This same board could start running this past year approximately 79,000 with minimal congressional oversight, PRESIDENT OBAMA’S 2013 BUDGET pages of regulations were printed in given the President’s attempt to broad- REQUEST the Federal Register. The cost to com- en the definition of a recess. (Mr. BONNER asked and was given ply with our regulatory enterprise ex- It is a government takeover because permission to address the House for 1 ceeds $1 trillion per year. the minimum essential benefits pack- minute and to revise and extend his re- Now this past August, the Depart- age will effectively dictate the level of marks.) ment of Labor issued its final rule gov- coverage for every health care plan in Mr. BONNER. Mr. Speaker, earlier erning the non-displacement of quali- the Nation. It is a government take- this week the President sent his fiscal fied workers under service contracts. over because the United States Preven- year 2013 budget request to Congress. Under this rule, when a government tive Services Task Force will deter- It’s been roundly panned as being ‘‘not contract is given to a new firm, the mine what services have to be provided serious,’’ ‘‘inadequate,’’ and ‘‘polit- company is required to first offer em- without any copayment. ical.’’ ployment to the previous contractor’s Finally, when the government can But, Mr. Speaker, I want the Amer- workers. force you to purchase a service that it ican people to understand, in addition The administration claims this rule firmly controls, it’s a government to all these assessments, the Presi- will help government efficiency, but it takeover. The list could go on and on. dent’s budget request is downright dan- gives a preference to union employees Clearly, the Federal Government is gerous. House Republicans have begun and limits the ability of the firm to ne- now in the driver’s seat. The Presi- a serious conversation with the Amer- gotiate and hire the workers that it ac- dent’s health care law is already fail- ican people about our debt, our out-of- tually wants. This rule will impact ing, which is why we need to end it be- control Federal spending, the thousands of employers and billions in fore it’s fully implemented. unsustainability of mandatory spend- government contracting. f ing, as well as our future. By piling on new hoops for employers b 1220 But it’s past time for this President to jump through, we are simply in- and his party in Congress to join us in creasing costs that are passed on to MEDICARE honestly acknowledging the real chal- taxpayers. Regulatory compliance (Mr. CARNAHAN asked and was lenges facing our Nation and offering costs are a hidden tax borne by us all. given permission to address the House realistic solutions to put America back The administration must stop this for 1 minute and to revise and extend on the path to prosperity to ensure myriad of job-killing regulations. his remarks.) that our best days are still in front of f Mr. CARNAHAN. Mr. Speaker, on us. March 1, Medicare physician payments AMERICAN HEART MONTH Sadly, the President’s lack of leader- will be slashed by 27 percent, badly im- ship on these critical issues endangers (Mrs. CAPPS asked and was given pacting seniors’ access to health care. not only the current economic recov- permission to address the House for 1 We must act now to make sure that ery but the very future of our great Re- minute and to revise and extend her re- doesn’t happen. public. marks.) A few months ago, I had the oppor- f Mrs. CAPPS. Mr. Speaker, I rise tunity to speak to World War II vet- today in recognition of American Heart erans from Missouri who visited Wash- EFFECTS OF HEALTH CARE Month. February, you know, is not just ington to see the memorial to their REFORM about Valentine’s Day, but it’s also a service. They spoke to me about how, (Ms. TSONGAS asked and was given month designated to raise awareness of during their crisis, Americans pulled permission to address the House for 1 heart disease, especially its impact and together to meet the great challenges minute.) effects on women. of their time. That’s the can-do atti- Ms. TSONGAS. Mr. Speaker, the Heart disease is the number one tude we need now. We should stop health care reform effort signed into cause of death for women. And most using the lives and health of our sen- law by President Obama in 2010 con- Americans, including over 90 percent of iors as political bargaining chips. tains important new benefits for our primary care physicians, are not even Plain and simple, paying doctors for seniors and Medicare recipients that aware that heart disease kills more doing their job, keeping seniors’ access have already started to take effect. women each year than men. to health care should not be a partisan Nearly 3.6 million seniors in the We have lost far too many of our issue. It should be an American value doughnut hole have already saved $2.1 loved ones to heart disease. I dare say we can all rally around. billion on their prescription drugs. each of us knows someone, a dear I call on my colleagues to work to- Twenty-four million people with Medi- friend or a family member, affected by gether to keep access to Medicare serv- care have already taken advantage of it. And that’s why I reintroduced H.R. ices strong. That’s an American value. free preventive services. 3526, the Heart for Women Act, to in- f Additional reforms such as a prohibi- crease awareness of and access to care tion of lifetime caps on insurance ex- for those impacted by heart disease. NANNY STATES penditures will soon be made available I encourage my colleagues to cospon- (Mr. DUNCAN of South Carolina to our seniors, thanks to health care sor this legislation and join me in the asked and was given permission to ad- reform. Nothing in health reform re- battle against heart disease. dress the House for 1 minute and to reduces Medicare benefits for seniors. f vise and extend his remarks.) Health care reform achieves Medi- Mr. DUNCAN of South Carolina. Mr. care savings by cracking down on inef- A GOVERNMENT TAKEOVER Speaker, a year or two ago, some local ficiency, fraud, and waste in Medicare, (Mr. PITTS asked and was given per- bureaucrat in Oregon shut down a 7- targeted at private health insurance mission to address the House for 1 year-old girl’s lemonade stand because companies and providers, not bene- minute and to revise and extend his re- she had not paid the $120 required to ficiaries. This is how government marks.) get a restaurant license. The bureau- should operate: by demanding effi- Mr. PITTS. Mr. Speaker, why do we crat’s supervisor defended the action ciency, accountability, and protecting say that the President’s health care because some government officials will taxpayer dollars. law is a government takeover? Be- never admit a mistake. Fortunately, f cause, under the law, the government elected officials got the action re- can force religious organizations to scinded and let the little girl operate JOB-KILLING REGULATIONS violate their conscience. Because, her lemonade stand. (Mr. QUAYLE asked and was given under the law, the Independent Pay- I thought about this when I heard permission to address the House for 1 ment Advisory Board can cut Medicare that Big Brother had struck once again

VerDate Mar 15 2010 00:15 Feb 17, 2012 Jkt 019060 PO 00000 Frm 00013 Fmt 4634 Sfmt 0634 E:\CR\FM\K16FE7.023 H16FEPT1 jbell on DSK7SPTVN1PROD with HOUSE H818 CONGRESSIONAL RECORD — HOUSE February 16, 2012 by not allowing a 4-year-old girl in transportation bill I’ve ever seen during 35 BUDGET’S FAILURE TO ADDRESS North Carolina to eat the lunch she years of public service. OUR DEBT CRISIS had brought to school from home be- In recommending that the President (Mr. BILIRAKIS asked and was given cause supposedly it did not meet Fed- veto this legislation, the administra- permission to address the House for 1 eral guidelines. The little girl had tion has said: minute and to revise and extend his re- brought a very healthy lunch: a turkey The legislation would make America’s marks.) and cheese sandwich, banana, chips, roads, rails, and transit systems less safe, re- Mr. BILIRAKIS. Mr. Speaker, for the duce the transportation options available to and apple juice. Instead, she ate three fourth year in a row, of course Presi- chicken nuggets apparently okayed by America’s traveling public, short-circuit local decision making, and turn back the dent Obama’s budget fails to seriously the government, and the school sent a clock on environmental and labor protec- address our Nation’s debt crisis and bill for the lunch to her mother. tions. calls for higher taxes and increased This is the Big Government nanny Mr. Speaker, this is so unfortunate stimulus spending. state run amuck. This was not only ri- because it’s so out of character with This budget punishes small busi- diculous and excessive, it was cruel to the American way, the common sense nesses, job creators, and seniors at the tell a 4-year-old child the lunch her of the American people about what we expense of the administration’s spend- mother had sent was bad or not proper. should be doing for them. ing addiction. This is not a recipe for Plus, the little girl went home hungry. At the beginning of our country, long-term economic growth. We seem to have, Mr. Speaker, a gov- Thomas Jefferson, when he was Presi- Instead, we need credible solutions ernment of, by, and for the bureaucrats dent, enlisted his Cabinet officers to that simplify the Tax Code, control instead of one that is of, by, and for the build an infrastructure plan for Amer- Federal spending, and preserve valu- people. ica that involved transportation. In the able services for our seniors. Wash- f 1800s, this plan, under Secretary Gal- ington should create a win-win situa- latin, the Secretary of the Treasury, tion for all Americans. REPUBLICAN TRANSPORTATION was put forth. It recognized that we The House continues to take these BILL had made the Louisiana Purchase, that steps with jobs bill after jobs bill that (Ms. PELOSI asked and was given there were Lewis and Clark expeditions will put people back to work and allow permission to address the House for 1 going on, and that we had to build job creators and entrepreneurs to grow. minute.) America—build roads and transpor- Unfortunately, the President’s budg- Ms. PELOSI. Mr. Speaker, I rise to tation out into these territories so that et spends too much, taxes too much, address the House in relationship to people would move there, commerce borrows too much, and picks the win- the transportation bill that we are cur- would develop, our country would be ners and losers of our economic recov- rently debating in the House this week. strong. ery. This is not what America needs Transportation, as you know, has Following this, the Erie Canal, the right now. traditionally and historically been an transcontinental railroad, the Cum- f berland Road, they were all built after idea where our two parties have been b 1230 able to find common ground. Transpor- the War of 1812—of course, the trans- tation has been an opportunity for Re- continental railroad later than that— INTRODUCTION OF SUPPLE- publicans and Democrats, alike, to when our population was sparse and so MENTAL SECURITY INCOME work to rebuild America, to create was our national treasury. EQUALITY ACT jobs, strengthen our economy, move In my own community of San Fran- (Mr. PIERLUISI asked and was given commerce, move people, improve the cisco, the Golden Gate Bridge and the permission to address the House for 1 quality of life, including public safe- San Francisco Bay Bridge both were minute and to revise and extend his re- ty—that is, up until now; and that is, built 75 years ago in the midst of the marks.) until this bill. Great Depression. Mr. PIERLUISI. Mr. Speaker, as a With the legislation that we are de- President Eisenhower in the mid- to territory, Puerto Rico has always been bating today, Republicans put forth late fifties, not a good economic time treated unequally under Federal health the most partisan transportation pack- either, built and instituted the Inter- programs. While the Affordable Care age in 50 years. It is not just partisan; state Highway System, unifying our Act improved the island’s treatment it’s bad for our Nation, destroying country. It was a national security under Medicaid, a number of key in- more than half a million American issue to unify our country. It was done equalities remain under both Medicaid jobs. The transportation bill is sup- at a time when our coffers were low on and Medicare. posed to be a job-creating bill. It al- money, but it created jobs. It did what Today, I am reintroducing legislation ways has been—until now. it was intended to do. to eliminate a provision in Federal law Now we are abdicating our responsi- Destroying more than half a million that requires Medicare to reimburse bility. Again, 200 years ago, Thomas jobs, cutting highway investments in Puerto Rico hospitals far less than Jefferson; 100 years later, Teddy Roo- 45 States, bankrupting the highway Stateside hospitals. sevelt, and his initiative for infrastruc- trust fund with a $78 billion shortfall, Under the current system, Puerto ture centered around our national park and, just the strangest of all, among Rico hospitals are paid a base rate that system and how we make that part of many shortsighted provisions in the is about 13 percent lower than the base our national patrimony, and some of bill, I want to make particular mention rate for hospitals in the States. Thus, that falls under the Transportation of what it does to public transpor- an island hospital will receive substan- Subcommittee of the Congress of the tation. It eliminates all of the dedi- tially less than any urban, suburban, or United States. Now, here we are, 100 cated funding for public transpor- rural hospital in the States for pro- years later, putting forth a bill that tation, leaving millions of riders al- viding the same inpatient services, loses jobs, diminishes public safety. It’s ready faced with service cuts and fare making it harder for island hospitals to a missed opportunity, and it’s no won- increases out in the cold. deliver high-quality care and to remain der our Republican colleagues are hav- The legislation is so detrimental to financially sound. ing so much trouble building support our Nation that the Secretary of This is another example of how the for it in their own caucus. Transportation, Ray LaHood, a former people of Puerto Rico are placed at a I just wanted to take a moment to clear disadvantage in the race of life Member of this body on the Republican share my views with our colleagues side of the aisle, has said: because of the island’s territory status. about how wrong this is for the future I hope my colleagues on both sides of This is the most partisan transportation and how out of keeping it is with our the aisle will support my bill. bill that I have ever seen, and it is also the great past, which has seen the strength most antisafety bill I have ever seen. It hol- f of our country grow because of our in- lows out our number one priority, which is HELMETS TO HARDHATS safety, and frankly, it hollows out the guts vestments in our infrastructure and of the transportation efforts that we’ve been our bringing people together through (Mr. HIGGINS asked and was given about for the last 3 years. It’s the worst transportation. permission to address the House for 1

VerDate Mar 15 2010 00:41 Feb 17, 2012 Jkt 019060 PO 00000 Frm 00014 Fmt 4634 Sfmt 0634 E:\CR\FM\K16FE7.025 H16FEPT1 jbell on DSK7SPTVN1PROD with HOUSE February 16, 2012 CONGRESSIONAL RECORD — HOUSE H819 minute and to revise and extend his re- whether you can legislate the behavior tiplying this effort at our community marks.) of religious institutions. It seems like colleges is a commonsense goal if our Mr. HIGGINS. Mr. Speaker, earlier an intractable dilemma that we face, goal is, in fact, to put Americans back this month, I met with the executive but that’s not so. to work. director of the not-for-profit organiza- Mr. Speaker, look to Hawaii. Since f tion Helmets to Hardhats. Since 2003, the 1970s, Hawaii has led the way in SMALL BUSINESS Helmets to Hardhats has partnered terms of medical plans and medical with the Department of Defense, over provisions. We have had prepaid health (Mrs. DAVIS of California asked and 82,000 American businesses, and orga- care since then, and of course, as you was given permission to address the nized labor to help returning veterans can imagine, we’ve had this debate. We House for 1 minute.) prepare for and find work. had this debate in 1999. The way the Mrs. DAVIS of California. Mr. Speak- The current unemployment rate for State resolved it—and I was there—was er, small businesses, from used fur- returning veterans under the age of 24 that there was the religious exemption niture stores to restaurants to barber- is an unacceptable 38 percent. Helmets given for religious organizations broad- shops, drive our economy, but they’ve to Hardhats gives veterans the tools ly defined, but the employee was also had to take a haircut recently since they need to start long-term careers in entitled to buy coverage from the in- they’ve been more subject to the ups the construction trades. In 2008 alone, surer at no extra cost. and downs of the economy than, per- the organization placed nearly 1,800 What does this mean? haps, anyone else. military veterans into construction ca- This means that it may have been, Just last week, I visited small busi- reers. maybe, an additional $2 or $3 a month. nesses in the San Diego communities of Mr. Speaker, the last of our combat The reality of it is, Mr. Speaker, that Lemon Grove and Spring Valley, and troops has left Iraq, and we are winding they didn’t pay anything. The insurers the people told me they need more cus- down our military operations in Af- covered it because they knew that it tomers walking in the doors with ghanistan. These veterans have put was in their best interests. And guess money to spend. Well, increasing con- their lives on the line overseas, and what? Many of the religious organiza- sumer demand is a key part of our re- they deserve the assistance of a grate- tions did not opt out. covery, but it won’t come right away. ful Nation when they return in order to So don’t speculate. See the reality. Yet we can use a more immediate tool ensure that they can participate in the Look at Hawaii. to help these businesses grow in the economy and in lasting careers. f meantime. With that in mind, I congratulate In the State of the Union address, the CAREER AND TECHNICAL Helmets to Hardhats, and I encourage President mentioned 17 tax cuts for EDUCATION MONTH my colleagues to do the same. small businesses in order to put money f (Mr. LANGEVIN asked and was given in their pockets soon. Tax credits for permission to address the House for 1 hiring unemployed Americans and for MEDICAID minute and to revise and extend his re- health care costs will incentivize hir- (Mr. AL GREEN of Texas asked and marks.) ing and ensure that the Affordable Care was given permission to address the Mr. LANGEVIN. Mr. Speaker, I rise Act is affordable for businesses to im- House for 1 minute and to revise and to recognize Career and Technical Edu- plement. An exemption from capital extend his remarks.) cation Month. I am proud to be able to gains taxes for small business invest- Mr. AL GREEN of Texas. If a free so- work with my colleague, G.T. THOMP- ments will spur small business spend- ciety cannot help the many who are SON of Pennsylvania, as he and I co- ing and hiring. Also, the American poor, it cannot save the few who are chair the Career and Technical Edu- Jobs Act has a provision which would rich. cation Caucus. reduce employers’ contributions to the Mr. Speaker, there is an effort afoot In particular, Mr. Speaker, I would payroll tax for their employees. to move Medicaid from a needs-based like to address the importance of the I support measures like these to en- program to a block grant program. initiative that President Obama an- courage the growth of small businesses This, of course, by some estimates, nounced recently that supports part- in order to reignite the American would save approximately $180 billion. nerships between community colleges Dream. Yet the question is not really how and expanding industry. It should be a f much money will it save. The question bipartisan priority. is, How many people will have their We’ve heard a lot about the skills gap COMMUNICATION FROM THE bodies healed by virtue of a reduction that we’re facing in this country, and CLERK OF THE HOUSE in the moneys that would go to Med- businessowners repeatedly tell me that The SPEAKER pro tempore laid be- icaid? How many lives will be saved is they cannot fill openings because the fore the House the following commu- the question we have to ask ourselves. applicants lack the necessary skills. nication from the Clerk of the House of In a country that is the richest in the We need better collaboration between Representatives: world, the rich must pay their fair the companies doing the hiring and the OFFICE OF THE CLERK, share of taxes so that all can benefit educators who are preparing our stu- HOUSE OF REPRESENTATIVES, from the tax coffers and so that those dents. Washington, DC, February 16, 2012. who are poor and those who need In my district, National Grid—the Hon. JOHN A. BOEHNER, health care can get a fair amount of primary utility—and the Community The Speaker, U.S. Capitol, House of Representa- tives, Washington, DC. health care. College of Rhode Island offer a model DEAR MR. SPEAKER: Pursuant to the per- I remind you again of what Kennedy program to prepare workers for avail- mission granted in Clause 2(h) of Rule II of said: If a free society cannot help the able high-skilled jobs. Through the Rules of the U.S. House of Representa- many who are poor, it cannot save the coursework and hands-on training, stu- tives, the Clerk received the following mes- few who are rich. dents receive a certificate in Energy sage from the Secretary of the Senate on f Utility Technology and can then be- February 16, 2012 at 9:48 a.m.: come new employees. That the Senate agreed to without amend- RELIGIOUS LIBERTY VERSUS Unfortunately, community colleges ment H. Con. Res. 99. CONTRACEPTION COVERAGE simply can’t afford enough of these Appointments: Washington’s Farewell Address. (Ms. HANABUSA asked and was programs. The President’s Community With best wishes, I am given permission to address the House College to Career Fund is a small price Sincerely, for 1 minute.) to pay for the resulting benefit. It’s a KAREN L. HAAS. Ms. HANABUSA. Mr. Speaker, we worthwhile program, and I believe that f began today’s session with a debate on we need to support it. contraception. It seems to pit the Mr. Speaker, there are some partisan RECESS availability and access to care, which I differences that this Congress, perhaps, The SPEAKER pro tempore. Pursu- believe is a fundamental right, against cannot overcome, but the idea of mul- ant to clause 12(a) of rule I, the Chair

VerDate Mar 15 2010 03:23 Feb 17, 2012 Jkt 019060 PO 00000 Frm 00015 Fmt 4634 Sfmt 0634 E:\CR\FM\K16FE7.027 H16FEPT1 jbell on DSK7SPTVN1PROD with HOUSE H820 CONGRESSIONAL RECORD — HOUSE February 16, 2012 declares the House in recess subject to Mr. THOMPSON of California. Mr. supporting a drill-everywhere ap- the call of the Chair. Chairman, I yield myself such time as proach. Accordingly (at 12 o’clock and 37 I may consume. Actually, oil and gas resources avail- minutes p.m.), the House stood in re- I represent a coastal community and able off our coasts don’t come close to cess. we take seriously threats to our Na- justifying opening this area in the first f tion’s coastline. The Thompson-Wool- place to any drilling; and even in parts sey amendment would clarify that H.R. of the country where there is oil, I be- b 1516 3408 would not open drilling along the lieve the costs to our natural environ- AFTER RECESS northern California coast. ment are much too great when we start Proponents of H.R. 3408 claim that punching holes in the ocean floor. We The recess having expired, the House northern California does not meet the have learned nothing, it would appear, was called to order by the Speaker pro minimum production potential to be from the Deepwater Horizon disaster if tempore (Mr. HASTINGS of Washington) eligible for offshore drilling; however, I we don’t pass this amendment. at 3 o’clock and 16 minutes p.m. do not simply want to take the House We can and we must address our en- f majority’s word for it. In a Congress ergy security challenges with a strong- PROTECTING INVESTMENT IN OIL that has seen an unprecedented push to er commitment to green technologies SHALE THE NEXT GENERATION weaken safety standards for our envi- and to clean and renewable energy OF ENVIRONMENTAL, ENERGY, ronment, I don’t want to leave the door sources. And we can start by saying no AND RESOURCE SECURITY ACT open for alternative interpretations. to drilling in northern California. I The people of the north coast of Cali- strongly urge my colleagues to support The SPEAKER pro tempore. Pursu- fornia want to make sure that their en- the Thompson-Woolsey amendment. ant to House Resolution 547 and rule vironmentally unique and critical Mr. THOMPSON of California. I re- XVIII, the Chair declares the House in coast is protected, period. serve the balance of my time. the Committee of the Whole House on Because this amendment is a clari- Mr. HASTINGS of Washington. Mr. the state of the Union for the further fication of the legislation’s intent, Chairman, I rise in opposition to the consideration of the bill, H.R. 3408. there is no cost associated with it. It’s amendment. b 1517 important to me and to my constitu- The Acting CHAIR. The gentleman is recognized for 5 minutes. IN THE COMMITTEE OF THE WHOLE ents that H.R. 3408 makes clear that drilling will not occur in the northern Mr. HASTINGS of Washington. I Accordingly, the House resolved yield myself as much time as I may itself into the Committee of the Whole California planning area along the coast of Mendocino, Humboldt, Del consume. House on the state of the Union for the Mr. Chairman, I rise to oppose this further consideration of the bill (H.R. Norte, Sonoma, and Marin Counties. The coastal area of my district is one amendment. Last year, during our off- 3408) to set clear rules for the develop- shore debate, an identical amendment ment of United States oil shale re- of the most productive ecosystems in the world and supports salmon, Dunge- was offered, and it failed in the House sources, to promote shale technology by a bipartisan vote. In fact, 263 of our research and development, and for ness crab, rockfish, sole, and urchin populations. colleagues voted ‘‘no’’ on this amend- other purposes, with Mr. WOODALL ment. Right now, under existing law, (Acting Chair) in the chair. b 1520 the Northern California Planning Area The Clerk read the title of the bill. It also boasts an important and suc- is available for leasing. It’s been avail- The Acting CHAIR. When the Com- cessful tourism industry which rep- able since 2008 when gasoline prices hit mittee of the Whole rose on Wednes- resents millions of dollars to the local $4 per gallon and the President and the day, February 15, 2012, amendment No. economies and to the working families Congress at that time lifted the off- 12 printed in part A of House Report of our area. If an oil spill were to occur shore drilling moratoria. 112–398, offered by the gentleman from in this area, the environmental and I’ll remind the House that in 2008 Florida (Mr. DEUTCH), had been dis- economic cost would be staggering. Re- when gas prices were rising and the posed of. sponse and cleanup efforts would be Democrats controlled the House, noth- AMENDMENT NO. 13 OFFERED BY MR. THOMPSON hazardous and minimally effective ing was done regarding these $4-a-gal- OF CALIFORNIA given the rocky shores and rough lon gasoline prices until after the ses- The Acting CHAIR. It is now in order waters. Drilling for oil or gas off Cali- sion ended and the President ended his to consider amendment No. 13 printed fornia’s north coast would cause seri- moratoria and the Congress entered in part A of House Report 112–398. ous harm to a unique and productive that moratoria. So going into 2009, Mr. THOMPSON of California. Mr. ecosystem, abundant marine life, and there essentially was no moratoria Chairman, I have an amendment at the tourism businesses. This amendment that existed. desk. will simply clarify that this bill does This legislation, then, aims to open The Acting CHAIR. The Clerk will not require drilling off the north coast up our Federal resources and increase designate the amendment. of California. energy production despite President The text of the amendment is as fol- I urge a ‘‘yes’’ vote on the amend- Obama’s failure to do just the opposite. lows: ment, and I yield 2 minutes to Ms. This amendment would simply block Page 954, after line 19, insert the following: WOOLSEY. additional areas from energy produc- SEC. ll. LIMITATION ON LEASING OFF THE Ms. WOOLSEY. I thank my friend tion in the future. The Outer Conti- COAST OF NORTHERN CALIFORNIA. and neighbor for yielding. nental Shelf and the resources it con- Section 8(a) of the Outer Continental Shelf I don’t know how many of my col- tains are under the jurisdiction of the Lands Act (43 U.S.C. 1337) is amended by add- leagues have visited the California Federal Government. It belongs to all ing at the end the following: north coast that Mr. THOMPSON and I ‘‘(9) No oil and gas lease may be issued of the people of the United States. under this Act for any area of the outer Con- represent. If you haven’t, I don’t know The State of California—and I need tinental Shelf for which the State of Cali- what you’re waiting for. The waters off to remind colleagues of this—the State fornia is an affected State under section our shore are quite simply the most of California’s top import is petroleum 2(f)(1) and that is located west of Marin, abundant and exquisitely beautiful on from overseas. This amendment would Sonoma, Mendocino, Humboldt, or Del Norte the face of the Earth. Our commercial block the domestic production poten- County, California.’’. fishing industry depends on this thriv- tially of petroleum off their coast— The Acting CHAIR. Pursuant to ing marine ecosystem; these waters are production that could be used to help House Resolution 547, the gentleman invaluable to the research of university California consumers and provide Cali- from California (Mr. THOMPSON) and a scientists; and more than 16,000 tour- fornia people with jobs. Member opposed each will control 5 ism jobs in Sonoma County alone de- This amendment would do just the minutes. pend on these open, beautiful waters. If opposite of what the underlying bill in- The Chair recognizes the gentleman the majority were truly interested in tends to do, so I urge my colleagues to from California. helping job creators, they would not be vote ‘‘no’’ on the amendment.

VerDate Mar 15 2010 00:41 Feb 17, 2012 Jkt 019060 PO 00000 Frm 00016 Fmt 4634 Sfmt 0634 E:\CR\FM\K16FE7.029 H16FEPT1 jbell on DSK7SPTVN1PROD with HOUSE February 16, 2012 CONGRESSIONAL RECORD — HOUSE H821 I reserve the balance of my time. should open all areas where there are The Acting CHAIR. Pursuant to Mr. THOMPSON of California. I don’t potential resources. I would just re- House Resolution 547, the gentleman see how this is going to do anything to mind my good friend from California from New Jersey (Mr. HOLT) and a affect oil production or jobs if your that you could make the same argu- Member opposed each will control 5 own Web site says that there’s little oil ment in Alaska, and yet we drill off the minutes. there and we wouldn’t be drilling there. coast in Alaska. You can make the The Chair recognizes the gentleman So you can’t have it both ways. Either same case that there are fault lines in from New Jersey (Mr. HOLT). there’s little oil there and we’re not southern California, and the gentleman Mr. HOLT. Mr. Chairman, this going to drill there, or you have some- knows very, very well that there are amendment comes from both sides of thing else up your sleeve. huge potential resources in southern the aisle. I’m joined by Mr. MURPHY, I want to point out that this area is California. Mr. BASS, Mr. GERLACH, Mr. DINGELL, an area that’s historically prone to So the answer to the gentleman’s Mr. KIND, and I see Mr. DOLD of Illinois earthquakes, which would make any question is, yes. I believe that we here. kind of drilling there extremely dan- should keep these resources open for Almost five decades ago, the Land gerous, and that it’s one of four major potential, and that’s what the under- and Water Conservation Fund was cre- upwellings in the entire world’s oceans. lying bill does. ated on a sound and fair principle: oil This is a critical area to our marine But I will yield to the gentleman if companies who drill on public lands life and the businesses that thrive be- he wants to comment. and who therefore are taking a re- cause of it. And my friend from Wash- Mr. THOMPSON of California. Thank source that belongs to all citizens of ington is 100 percent right on one thing you. I just want to point out that my the United States should, in return, that he said, and that is that this amendment doesn’t affect southern out of fairness, give Americans the pro- coastline belongs to all the people of California. It only affects the area in tection of land so that as they take the United States of America; and for the counties that I mentioned—Del this resource and refine it and sell it, that reason alone, we ought to break Norte, Humboldt, Mendocino, Sonoma they preserve these resources—parks, our pick to make sure that we do ev- and Marin—an area that has been des- recreation, direct preservation of cul- erything to protect it, to protect the ignated by the scientists and the peo- tural and land resources. The bill before us today aims to in- fisheries jobs, the tourism jobs and ple in the oil business that there is not crease the amount of oil and gas pro- that beautiful area, so that not only enough oil there to bother with and an duction in Federal waters as a means the people today can enjoy it, but for area that I pointed out before that is to raise revenue for transportation future generations to enjoy, as well. very, very important. funding. These oil fields belong to all I yield back the balance of my time. Mr. HASTINGS of Washington. Re- Mr. HASTINGS of Washington. I Americans. Just as the revenues gen- claiming my time, I know that’s what yield myself the balance of my time. erated from offshore oil drilling must the gentleman says. I’m arguing I just want to tell my friend that be shared with all Americans, a portion against the precedent, like the prece- going into 2009, there were no mora- of these revenues should be used to- dent yesterday, where there’s an at- toria. And the reason there were no wards conservation and preservation of tempt to block offshore drilling from moratoria on the Pacific or the Atlan- public lands that belong to all of us. tic coasts was because the American essentially northern Maryland north, That has been the principle now for people demanded that we seek areas and that was defeated by the House. So four decades, almost five decades, of where there is potential resources of what I’m afraid of in the long term is the Land and Water Conservation energy. the precedent, and I believe we should Fund. Why did they demand that of Con- keep these options open. The LWCF enjoys strong bipartisan gress? Because gas prices hit $4 a gal- So with that, Mr. Chairman, I urge and popular support. The program has lon and potentially were going higher. rejection of the amendment, and I protected land in every State and has We are now in that same situation yield back the balance of my time. supported more than 41,000 State and again. And this underlying legislation, The Acting CHAIR. The question is local parks and other open-space par- as I mentioned, because the gentleman on the amendment offered by the gen- cels. rightfully said there may not be re- tleman from California (Mr. THOMP- The Trust for Public Land recently sources off northern California because SON). conducted an analysis of the return on this legislation directs the Department The question was taken; and the Act- the investment from LWCF funds. In of the Interior to offer leases where ing Chair announced that the noes ap- an 11-year, 12-year period, going up there are known resources, now, there peared to have it. until about 1 year ago, for the $537 mil- may be some resources, maybe new Mr. THOMPSON of California. Mr. lion invested in conserving 131,000 technology will find it. We need to Chairman, I demand a recorded vote. acres, $2 billion was generated in eco- keep that option open. The Acting CHAIR. Pursuant to nomic goods and services. In other But I think this amendment will clause 6 of rule XVIII, further pro- words, for every dollar invested in start the precedent of blocking off ceedings on the amendment offered by LWCF funds, $4 was returned in eco- areas when the American people want the gentleman from California will be nomic value. These are not taxpayer to have more American energy, more postponed. dollars that are invested. This is rev- American energy jobs; and this under- b 1530 enue that comes from the oil compa- lying legislation will do precisely that. AMENDMENT NO. 14 OFFERED BY MR. HOLT nies. And I think this amendment will harm The Acting CHAIR. It is now in order Our amendment would stipulate, sim- that prospect. ply, that nothing in the bill would re- Mr. THOMPSON of California. Will to consider amendment No. 14 printed in part A of House Report 112–398. duce the amount of revenue from oil the gentleman yield? and gas receipts available for deposit Mr. HASTINGS of Washington. I will Mr. HOLT. Mr. Chairman, I have an amendment at the desk. into the LWCF. yield to the gentleman. I urge adoption of this amendment. The Acting CHAIR. The Clerk will Mr. THOMPSON of California. Do Mr. Chairman, I yield 1 minute to the designate the amendment. you believe that we should be drilling gentleman from Illinois (Mr. DOLD). off the coast of northern California in The text of the amendment is as fol- Mr. DOLD. Mr. Chairman, I certainly an area that’s one of four major lows: appreciate my friend and colleague upwellings in the world’s oceans, in an Page 954, after line 19, insert the following: from New Jersey yielding me some area that is prone to earthquakes, in SEC. 17603. LAND AND WATER CONSERVATION time. an area that everyone knowledgeable FUND LOCKBOX. Today I rise in strong support of this Nothing in this subtitle reduces the about this particular issue claims that amount of revenues received by the United bipartisan amendment. there’s not enough resources to drill States under oil and gas leases of areas of Since 1964, the Land and Water Con- for? the Outer Continental Shelf that is available servation Fund has been our Nation’s Mr. HASTINGS of Washington. Re- for deposit into the Land and Water Con- primary program for Federal land con- claiming my time, I believe that we servation Fund. servation. Using a portion of the leases

VerDate Mar 15 2010 00:41 Feb 17, 2012 Jkt 019060 PO 00000 Frm 00017 Fmt 4634 Sfmt 0634 E:\CR\FM\K16FE7.033 H16FEPT1 jbell on DSK7SPTVN1PROD with HOUSE H822 CONGRESSIONAL RECORD — HOUSE February 16, 2012 collected from energy production on tion here today will in no way harm The amendment that I have before the Outer Continental Shelf, this fund the Land and Water Conservation you is a simple one and a very com- provides matching grants to State and Fund, I ask unanimous consent to monsense amendment. It simply states local governments for the acquisition withdraw this amendment. that the Secretary of the Interior shall of land and ensures public land and The Acting CHAIR. Without objec- require, when he does leasing, that water conservation projects can move tion, the amendment is withdrawn. each lease must meet the requirements forward. There was no objection. for a third-party certification of safety In my home State of Illinois, the eco- AMENDMENT NO. 15 OFFERED BY MS. HANABUSA systems related to well control, such as nomic benefits of preserved public The Acting CHAIR. It is now in order blowout preventers. It must meet re- lands are indeed undeniable. Sports- to consider amendment No. 15 printed quirements for performance of blowout men, wildlife watchers, outdoorsmen, in part A of House Report 112–398. preventers, including the qualitative and others combine to spend over $2 Ms. HANABUSA. Mr. Chairman, I risk, as well as subsea testing. It also billion annually on outdoor recreation have an amendment at the desk. must meet requirements for an inde- in Illinois. The Acting CHAIR. The Clerk will pendent third-party certification of Mr. Chairman, our amendment today designate the amendment. well casing and cementing programs is simple. We believe that this Congress The text of the amendment is as fol- and procedures. It must meet require- should continue its commitment to lows: ments for mandatory safety and envi- conservation programs by ensuring Page 954, after line 19, add the following ronmental management system of the new section: that the underlying transportation bill operators in the Outer Continental will not reduce the amount of revenue SEC. 17603. SAFETY REQUIREMENTS. The Secretary of the Interior shall require Shelf. available for the Land and Water Con- that drilling operations conducted under b 1540 servation Fund that has supported over each lease issued under this subtitle (includ- 41,000 State and local projects over its ing the amendments made by this subtitle) And it must meet requirements of 46-year history. meet requirements for— procedures and technologies to be used Mr. HOLT. I continue to reserve the (1) third-party certification of safety sys- during drilling operations to minimize balance of my time. tems related to well control, such as blowout the risk of igniting an explosion of hy- Mr. HASTINGS of Washington. Mr. preventers; drocarbons. Anyone who remembers Chairman, I rise to claim the time in (2) performance of blowout preventers, in- the BP oil spill, watching it on tele- cluding quantitative risk assessment stand- opposition to the amendment. vision, as I did, every day, watching ards, subsea testing, and secondary activa- the news, all of these points are so rel- The Acting CHAIR. The gentleman is tion methods; recognized for 5 minutes. (3) independent third-party certification of evant to what have occurred. Mr. HASTINGS of Washington. Mr. well casing and cementing programs and pro- So, Mr. Chair, I ask that my col- Chairman, I yield myself such time as cedures; leagues vote along with me to pass this I may consume. (4) mandatory safety and environmental very commonsense amendment as we Mr. Chairman, this amendment real- management systems by operators on the remember what happened in those 5 ly is not needed because you can look outer Continental Shelf (as that term is used months, April 2010 to September 2010. with a magnifying glass through this in the Outer Continental Shelf Lands Act); We have the opportunity of being the and safest offshore oil industry in the whole bill and you will see absolutely (5) procedures and technologies to be used no mention whatsoever of the Land and during drilling operations to minimize the world, and this amendment would help Water Conservation Fund. There’s risk of ignition and explosion of hydro- us get there. That’s what we owe the nothing in here that impacts that. carbons. people. We owe those people who suf- I know the gentleman, my good The Acting CHAIR. Pursuant to fered through this, and we owe the rest friend from New Jersey, has a real pas- House Resolution 547, the gentlewoman of this Nation a sense of being secure sion for this particular fund—some- from Hawaii (Ms. HANABUSA) and a and knowing that when we are drilling times we don’t agree on that, but, nev- Member opposed each will control 5 that we are drilling safely, and we will ertheless, he has a real passion for it— minutes. not see those fatalities again. but there is nothing in here at all that The Chair recognizes the gentle- I reserve the balance of my time. even talks about the Land and Water woman from Hawaii. Mr. HASTINGS of Washington. Mr. Conservation Fund. Ms. HANABUSA. Mr. Chairman, I Chairman, I rise to claim the time in I understand the gentleman wanted yield myself such time as I may con- opposition. to make a statement—I appreciate sume. The Acting CHAIR. The gentleman is that—and his desire would be to with- Mr. Chair, April 20, 2010, September recognized for 5 minutes. draw the amendment. So with that, I’ll 19, 2010, those dates may not mean Mr. HASTINGS of Washington. I reserve my time pending his action. much to a lot of people, but I will tell yield myself as much time as I may Mr. HOLT. Mr. Chairman, although you, I was not a Member of this body at consume. the Land and Water Conservation Fund that time, but I remember when the BP Mr. Chairman, I rise to oppose this is authorized to receive $900 million an- oil spill started, April 20, 2010, and amendment. We have seen amendments nually from oil and gas leasing reve- when we all cheered when it was sup- of this nature multiple times through- nues, Congress must appropriate those posed to be capped on September 19, out the debates, both in the committee funds after they have been deposited 2010, almost 5 months of watching it that I have the privilege to chair, the from the revenues. daily, even in Hawaii, of the oil and the Natural Resources Committee, and Taxpayers aren’t footing the bill for attempts and cheering and then being here on the House floor. And every sin- this program. Oil and gas companies disappointed when they couldn’t take gle time amendments of this nature fund the LWCF. The amount they pay care of this oil spill that was dev- have failed, often with bipartisan is less than 1 percent of the massive astating, clearly, the coast. votes. profits these companies take each year. Now, there was an independent BP The amendment would write into law It’s a small token of what we can do to spill commission that was appointed, the imposition of strict safety require- preserve these other resources as the and their conclusions were published. ments as part of the lease terms. This oil and gas resources are used. Pre- They said that it was preventable. amendment would override the judg- serving open space is more than a nar- They said that corners were cut, bad ment of two agencies that have the au- row environmental issue. It really is a decisions were made, and stronger safe- thority to set and enforce safety regu- quality of life issue. ty standards could have prevented the lations. Those agencies are the Bureau As my friend, the chairman, has as- disaster. It also pointed out that the of Ocean Energy Management and the sured us, there is nothing in the under- United States has a fatality rate in Bureau of Safety and Environmental lying bill that would reduce the terms of offshore drilling that is four Enforcement. I might add, these agen- amount of revenue available for the times that in Europe. They also found cies within this administration have, Land and Water Conservation Fund. So that the problems were systemic to on multiple occasions, testified that with that assurance that the legisla- this industry. offshore drilling operations are being

VerDate Mar 15 2010 01:01 Feb 17, 2012 Jkt 019060 PO 00000 Frm 00018 Fmt 4634 Sfmt 0634 E:\CR\FM\K16FE7.037 H16FEPT1 jbell on DSK7SPTVN1PROD with HOUSE February 16, 2012 CONGRESSIONAL RECORD — HOUSE H823 done safely. This is post-BP, I might part of the country, but also to work (3) identify and analyze potential mitiga- add. with or seek from the industry what tion measures only for the proposed action It seems like the effort is to continue would happen if there were, heaven for- and the no action alternative. to try to divert attention away from (b) PUBLIC COMMENT.—In complying with bid, another spill like this. The indus- the National Environmental Policy Act of the real issue of increasing American try has responded by building a consor- 1969 with respect to a proposed renewable en- energy production, increasing Amer- tium, funding a consortium, I should ergy project, a Federal agency shall only ican jobs, lowering energy costs, and say, in order to respond to a spill like consider public comments that specifically improving our national security. How? this. address the proposed action or the no action By lessening our dependence on foreign There were two of them that were alternative (or both) and are filed within 30 oil. testifying at the hearing that day. I days after publication of a draft environ- Our good friends on the other side, said, In the event—and hopefully it mental assessment or draft environmental they simply do not want to face the impact statement. doesn’t happen—if there were an event (c) DEFINITIONS.—For purposes of this sec- fact that this bill says that we can like BP again, how quickly could you tion: move forward with responsible oil and respond to something like that? Be- (1) FEDERAL WATERS.—The term ‘‘Federal natural gas exploration and production cause that’s what the issue is. You waters’’ means waters seaward of the coastal here in America while, at the same want to make sure that people respond zone (as that term is defined in section 304 of time, ensuring that increased safety if there is, in fact, another spill. And in the Coastal Zone Management Act of 1972 (16 measures are undertaken. These are both cases, both of them said they U.S.C. 1453)), to the limits of the exclusive not mutually exclusive goals. could respond immediately and prob- economic zone or the Outer Continental Republicans want to make U.S. off- Shelf, whichever is farther. ably cap it, something like this, in less (2) OUTER CONTINENTAL SHELF.—The term shore drilling the safest in the world so than 3 weeks. That was over a year ‘‘Outer Continental Shelf’’ has the meaning that we can produce more American ago. I suspect now that that tech- the term ‘‘outer Continental Shelf’’ has in energy, thus creating more American nology is even greater than that. the Outer Continental Shelf Lands Act (43 jobs and thus strengthening our na- But my point is that we have the reg- U.S.C. 1331 et seq.). tional security. ulations. We have to have American (3) RENEWABLE ENERGY PROJECT.—The term As I mentioned, Mr. Chairman, energy and the ensuing jobs that that ‘‘renewable energy project’’ means a project amendments of this nature have re- has created, and I’m afraid that adopt- on Federal lands or in Federal waters, in- peatedly failed in the House. I hope it cluding a project on the Outer Continental ing this amendment would hinder that. Shelf, using wind, solar power, geothermal will do so again, and I urge opposition So I would urge my colleagues to reject power, biomass, or marine and hydrokinetic to this amendment. this amendment. energy to generate energy, that is con- I reserve the balance of my time. With that, I yield back the balance of structed encouraging the use of equipment Ms. HANABUSA. Mr. Chair, I yield my time. and materials manufactured in the United myself the balance of my time. The Acting CHAIR. The question is States. Mr. Chair, it becomes quite troubling on the amendment offered by the gen- The Acting CHAIR. Pursuant to when we hear that, from the Repub- tlewoman from Hawaii (Ms. House Resolution 547, the gentleman lican side, the other side of the aisle, HANABUSA). from Washington (Mr. HASTINGS) and a that the Obama administration is The question was taken; and the Act- Member opposed each will control 5 doing okay, or they’re taking the rep- ing Chair announced that the ayes ap- minutes. resentations of the Obama administra- peared to have it. The Chair recognizes the gentleman tion, when we know continually that Mr. HASTINGS of Washington. Mr. from Washington. that’s not the case. So, if anything, Chairman, I demand a recorded vote. Mr. HASTINGS of Washington. Mr. this should send up a red flag for every- The Acting CHAIR. Pursuant to Chairman, I yield myself as much time one to wonder, what is it that’s really clause 6 of rule XVIII, further pro- as I may consume. causing this concession to an agency? ceedings on the amendment offered by Mr. Chairman, this amendment The facts are the facts. We had the the gentlewoman from Hawaii will be passed the House Natural Resources BP oil spill. It took five months. postponed. Committee last year in the form of There’s nothing that’s been proposed in AMENDMENT NO. 16 OFFERED BY MR. HASTINGS stand-alone legislation on a bipartisan concrete as to how to prevent that OF WASHINGTON vote. My amendment would accelerate from happening. That’s why we’re the The Acting CHAIR. It is now in order the development of clean, renewable Congress of the United States. That’s to consider amendment No. 16 printed energy projects on Federal lands by why we’re asked to pass laws, because in part A of House Report 112–398. streamlining and simplifying govern- it is only with the passage of laws that Mr. HASTINGS of Washington. Mr. ment regulations while ensuring thor- we can say, you know, you’ve got to do Chairman, I have an amendment at the ough environmental reviews. this. And if they are doing it, and if desk made in order under the rule. House Republicans are committed to they can guarantee that, and they can The Acting CHAIR. The Clerk will utilizing America’s abundant and di- say that these leases are, in fact, in designate the amendment. verse energy resources to implement compliance, it’s up to them. The text of the amendment is as fol- the all-of-the-above American-made All that we’re doing in the statute is lows: energy strategy that we put forth last giving a format and a framework to At the end of title XVII add the following: year. This includes utilizing our public say, hey, make sure that these points lands for renewable energy projects. are met in these leases. They’re the Subtitle D—Streamlining Federal Review To These projects have the potential to Facilitate Renewable Energy Projects ones who are going to determine create thousands of American jobs, to whether it’s met or not. SEC. 17801. SHORT TITLE. generate economic benefits, and con- That’s why I think we owe it to the This subtitle may be cited as the ‘‘Cutting Federal Red Tape to Facilitate Renewable tribute to our energy security. people who died, we owe it to the peo- Energy Act’’. Unfortunately, renewable energy ple who suffered the economic losses, projects on Federal lands frequently SEC. 17802. ENVIRONMENTAL REVIEW FOR RE- we owe it to everyone in this Nation to NEWABLE ENERGY PROJECTS. get caught up in bureaucratic red tape. make sure that we do not suffer a BP (a) COMPLIANCE WITH NEPA FOR RENEW- Regulatory roadblocks and burdensome oil spill again. ABLE ENERGY PROJECTS.—In complying with lawsuits continue to plague and delay I yield back the balance of my time. the National Environmental Policy Act of these projects, sometimes by many Mr. HASTINGS of Washington. I 1969 (41 U.S.C. 4321 et seq.) with respect to years. yield myself the balance of the time, any action authorizing or facilitating a pro- This amendment will facilitate the Mr. Chairman. posed renewable energy project, at the elec- development of clean, renewable en- I just want to point out to my good tion of the applicant a Federal agency shall— ergy on Federal lands by providing a friend from Hawaii, after the BP spill (1) consider only the proposed action and clear, simple process for completing we had a committee hearing down in the no action alternative; important environmental reviews. Louisiana, and part of that was to as- (2) analyze only the proposed action and The amendment would require an en- certain the economic impacts in that the no action alternative; and vironmental review to be conducted

VerDate Mar 15 2010 01:01 Feb 17, 2012 Jkt 019060 PO 00000 Frm 00019 Fmt 4634 Sfmt 0634 E:\CR\FM\K16FE7.040 H16FEPT1 jbell on DSK7SPTVN1PROD with HOUSE H824 CONGRESSIONAL RECORD — HOUSE February 16, 2012 only for the specific location where the That means fewer megawatts of renew- projects that right now will otherwise renewable energy project would be lo- able energy production on public lands. be held up by burdensome regulations. cated, rather than requiring thousands No, the gentleman has not suddenly These projects have the potential to of pages of environmental review for gotten religion about renewable en- provide many thousands of American numerous different locations. This ergy. jobs and generate millions of dollars of would significantly reduce the number We’ve heard from the Bureau of Land benefits because right now we’re not of years it takes to develop clean, re- Management, we’ve heard it from the getting these projects built on public newable energy projects. Renewable Energy Industry, the Amer- lands. We need some streamlining of So I want to stress that this amend- ican Wind Association, the Solar En- the burdensome regulations. ment includes no subsidies, only the ergy Industry Association, the Geo- The administration claims to have streamlining of government regula- thermal Industry Association. They placed a priority on renewable energy tions. America has been blessed with have not endorsed this proposal. development; and yet roadblocks keep an abundance of energy resources of all The way to ensure that our public popping up, litigation keeps coming kinds. We all know that. And we should land managers are able to expedi- forward, and we don’t have anything be actively looking to use these re- tiously permit renewable energy really happening on public lands. We sources to create jobs and to improve projects is not to handcuff them, like have to get the ball rolling. That’s American energy security. this amendment would do, but to make what this amendment does. So I urge my colleagues to support sure that they have the resources to do I’m sorry that my colleague from the renewable energy development reg- the job. Now, the Republicans last year New Jersey doesn’t see it that way, but ulatory relief plan I have, and support did the opposite by trying to take $1 this is intended to bring forth and ac- this amendment. billion out of the Interior Depart- tually see the realization for once of I reserve the balance of my time. ment’s budget. some of these renewable energy In addition to keeping the land man- projects. So I would ask for support of b 1550 agement agencies from doing their job, this amendment. Mr. HOLT. I rise to claim time in op- this amendment would also reduce the Mr. HOLT. May I ask the amount, position to this amendment. ability of the public to participate in please, of remaining time. The Acting CHAIR. The gentleman is the process. If the public is not given The Acting CHAIR. Both sides have 1 recognized for 5 minutes. meaningful opportunity, say through minute remaining. Mr. HOLT. I yield myself the balance Mr. HOLT. Mr. Chairman, you may environmental hearings, you know think that the gentleman from Wash- of my time. what they’re going to turn to? They’re I hope I made it clear that this ington has suddenly decided that he’s going to turn to the courts. So this going to accelerate renewable energy amendment would slow things down, amendment would actually lead to would throw things into court, would deployment in the United States; but more lawsuits, more delays, less renew- the fact is, no, he has not gotten reli- result in rejected projects. able energy on public lands. If the Republicans really want to gion. This is not intended to accelerate This is not endorsed by any renew- renewable energy. It is to remove pro- help renewable energy, you don’t need able energy industry group. That to gut environmental safeguards. En- tections for the environment. should give you reason to pause. The amendment really is highly sure Federal financing tools are avail- The representatives of the renewable able, establishing policies that create a problematic. It has very little upside energy industry have testified that this and significant downside, both in terms market demand for renewable power in language could have a perverse effect the regulated electricity industry, es- of protecting the environment and in of forcing agencies to reject projects, producing renewable energy. The meas- tablish policies that create market de- of sending projects into court, of pre- mand for renewable power, and support ure fundamentally changes public venting the actions we should be tak- lands policy in a way that could be ex- smart-from-the-start policies. ing to develop renewable energies. If you really want to help renewable tremely harmful. I reserve the balance of my time. energy, don’t raise taxes on the wind Completely gutting bedrock environ- Mr. HASTINGS of Washington. Mr. industry. Extend the production tax mental review processes is not some- Chairman, I’m pleased to yield 2 min- credit. That would save, well, let’s say thing that should be done lightly. It utes to the gentleman from Colorado 30,000 to 40,000 jobs. Yes, the production shouldn’t be done with a 10-minute de- (Mr. LAMBORN). tax credit. That would be the way to bate on an amendment on a completely Mr. LAMBORN. Mr. Chairman, I rise help the renewable industry, not to gut separate bill. This $250 billion transpor- in support of the amendment of the environmental protections. tation bill is not the appropriate place committee chairman. Please, I ask my colleagues, don’t to debate a fundamental shift of public This amendment promotes the Re- support this amendment. lands policy. We spent nearly a day de- publican all-of-the-above approach to I yield back the balance of my time. bating this in committee, and it de- energy policy in this country and will Mr. HASTINGS of Washington. I serves a debate at least that thorough just streamline the NEPA process to yield myself the balance of my time. here on the floor. ensure the efficient production of en- Mr. Chairman, this is a good amend- Right now, a renewable energy ergy on public lands. ment because part of the process of cre- project that’s proposed for Federal Right now we don’t have a balance. ating American energy jobs is to re- lands can get a green light, a yellow We need to strike a balance. Yes, there duce regulation. light, or a red light from the permit- are good environmental laws in place I was struck when my good friend ting agency. What the gentleman from that are well-intended and that need to from New Jersey said that this amend- Washington would do with his amend- be followed to protect our air and ment would lead to more litigation. ment is get rid of the yellow light. water, but sometimes the threat of liti- For goodness sakes, when we heard tes- By only allowing consideration of the gation or the burdensome application timony on this issue in front of our proposed action and not allowing any of regulations is used to simply slow committee, the Cape Wind Project off no-action alternative, you know what down the production of energy, even re- Massachusetts testified something to that means, Mr. Chairman? Well, it newable energy projects on public the effect, and I don’t have the exact means—and it should be obvious—it lands. testimony in front of me, but they are means that projects that could be via- So this amendment will allow renew- the poster child of litigation. Why? Be- ble will get a red light. The permitting able energy developers to commit their cause that litigation covered a very, agency requiring more data, requiring limited resources to a single project very broad area. care, requiring additional conditions and have some certainty that the This specifies where, if somebody has will have to say yes or no. They’re project will actually take place. They a problem with it, the regulations going to say no. Let me state that will make the investment necessary, would deal with the specific area. This again. Projects that can otherwise get put in the dollars that are required to really clarifies the whole process more built if their plans were tweaked would bring forth wind, solar, geothermal, than anything else. So I urge adoption now, under this amendment, be killed. even tidal types of renewable energy of the amendment.

VerDate Mar 15 2010 01:01 Feb 17, 2012 Jkt 019060 PO 00000 Frm 00020 Fmt 4634 Sfmt 0634 E:\CR\FM\K16FE7.043 H16FEPT1 jbell on DSK7SPTVN1PROD with HOUSE February 16, 2012 CONGRESSIONAL RECORD — HOUSE H825 I yield back the balance of my time. Natural gas is our greatest asset. It’s back into the United States; but under The Acting CHAIR. The question is what’s fueling our economic recovery. the gentleman’s amendment, this on the amendment offered by the gen- Manufacturing new jobs have been the wouldn’t be possible. I might add, we tleman from Washington (Mr. HAS- highest in the last 5 years. It’s very all know how the gentleman feels TINGS). low-priced natural gas which is fueling about pipelines in general. The question was taken; and the Act- this revolution in creating new jobs be- Another method would be to convert ing Chair announced that the ayes ap- cause the price of energy is so low in gas to LNG and ship it to the United peared to have it. America for natural gas. States. I know the gentleman is well Mr. HOLT. Mr. Chairman, I demand a What is the plan of the oil and gas aware of this process because his home recorded vote. companies? State gets about 40 percent of its nat- The Acting CHAIR. Pursuant to It’s to send this natural gas around ural gas from countries like Yemen, clause 6 of rule XVIII, further pro- the rest of the world. Egypt, or Trinidad. However, should ceedings on the amendment offered by What would the impact be? Alaska choose to convert to LNG and the gentleman from Washington will be It would increase prices for the try to ship it to California, this amend- postponed. American steel industry; increase ment would stop them from consid- AMENDMENT NO. 17 OFFERED BY MR. MARKEY prices for the chemical industry; in- ering that because the import terminal The Acting CHAIR. It is now in order crease prices for the plastics industry; in southern California is in Mexico, to consider amendment No. 17 printed increase prices for the utility indus- where they get their natural gas from in part A of House Report 112–398. tries, which generate electricity for Gazprom, which is in Russia. Mr. MARKEY. Mr. Chairman, I have American homes and businesses; and it The transportation of natural gas an amendment at the desk. would ultimately increase prices for across Alaska is a tremendous chal- The Acting CHAIR. The Clerk will consumers in our country. lenge. As with any major pipeline in designate the amendment. This amendment, the Markey amend- construction, the investment will be in The text of the amendment is as fol- ment, is aimed straight at the Strait of the billions of dollars, but it would cer- lows: Hormuz, and it’s saying to them, We’ve tainly employ tens of thousands of peo- At the end of title XVII add the following: got the natural gas here in America. ple. It is something that should and Subtitle D—Miscellaneous Provisions We’re going to drill for it, but we’re can happen. However, without a mar- SEC. 17801. PROHIBITION ON EXPORT OF GAS. keeping it here because it’s six times ket for the natural gas, it is unlikely Each oil and gas lease issued under this lower in price than it is in Asia and in that this pipeline will ever be built. As title (including the amendments made by Europe, and that’s what we’re going to mentioned, this amendment then this title) shall prohibit the export of gas keep here for our American citizens. would stop gas from reaching the U.S. produced under the lease. We’re not going to play this game of markets both by pipeline and by ship. The Acting CHAIR. Pursuant to international markets so that the oil On this side of the aisle, we hope that House Resolution 547, the gentleman and gas industry can raise the price of a pipeline like this can be built for all from Massachusetts (Mr. MARKEY) and natural gas up to the price of oil. They of the reasons that we have said in the a Member opposed each will control 5 get rich, and ExxonMobil is reporting past. We want the gas to come to minutes. $137 billion in profits even as we give America. Our hope is that this gas will The Chair recognizes the gentleman them, through the Republicans, $40 bil- displace the natural gas shipments from Massachusetts. lion worth of tax breaks. from Russia coming into southern Cali- When do American consumers get a fornia and possibly even the Yemeni b 1600 break? When do American manufactur- shipments to Boston. This is our hope, Mr. MARKEY. Mr. Chairman, this ers get a break? When do the plastics, and that would be a challenge if this amendment is very simple. It prohibits the chemical, the steel industries get a amendment were to be adopted. the export of the natural gas produced break in low energy prices? Is it all a This amendment goes against the from the leases that are going to be one-way street for ExxonMobil and main objective of the bill—American given to oil and gas companies under these big multinationals? jobs, American energy and American this bill. The Markey amendment says that we energy security. So I urge my col- The bottom line is, what the Repub- drill for natural gas off the beaches of leagues to vote ‘‘no’’ on the amend- licans want to do is open up drilling for this country. That natural gas stays ment. natural gas off of the beaches of Flor- here in this country. It is not exported. I reserve the balance of my time. ida, off of the beaches of California, off I reserve the balance of my time. Mr. MARKEY. May I ask how much of the beaches of Virginia, off of the Mr. HASTINGS of Washington. I rise time is remaining on either side? beaches of New Jersey and Massachu- in opposition to the gentleman’s The Acting CHAIR. The gentleman setts. Then all they say is, Oh, we have amendment. from Massachusetts has 1 minute re- to do this; it’s for our national secu- The Acting CHAIR. The gentleman is maining. The gentleman from Wash- rity. But right now, over at the Depart- recognized for 5 minutes. ington has 21⁄2 minutes remaining. ment of Energy, there are eight appli- Mr. HASTINGS of Washington. Mr. Mr. MARKEY. At this point, I con- cations seeking to export 18 percent of Chairman, I yield myself such time as tinue to reserve the balance of my our natural gas overseas—to China, to I may consume. time. Europe, to Latin America. This amendment was offered in com- Mr. HASTINGS of Washington. At Why is that? Well, it’s very simple. mittee markup, and it failed on a bi- this time, I am very pleased to yield 30 The price of natural gas in the partisan vote simply because it was a seconds to the gentleman from Texas United States is six times lower than bad idea. This amendment, Mr. Chair- (Mr. BRADY). in Asia. These companies want to make man, has one goal—to stop the develop- Mr. BRADY of Texas. Mr. Chairman, a big profit, not here in America, but ment of natural gas on Alaska’s North America is at its best when we’re not by selling our natural gas—drilled for Slope. This amendment is completely hypocritical and when we don’t shoot off of our beaches—to other countries. unnecessary and irrelevant. ourselves in the foot. This Markey In Europe, it is four times more expen- Currently, there is no way to export amendment does both. sive for natural gas. That’s where they natural gas out of ANWR. There are no We insist that China play by the want to sell it. liquefying gas facilities on the shore. rules. In fact, they’ve been hoarding Now, why would we support that? There is also not a single natural gas their raw materials and holding them It’s only if there is an oil and gas pipeline out of ANWR to transport nat- back from export to America, which company agenda because, unlike natural gas anywhere in the United harms American companies. We just ural gas, oil has a price which is set on States. In fact, there are limited ways won an important ruling around the the international marketplace. So, if to export Alaska natural gas. world that says China has to stop that. it’s $100 a barrel in China, it’s $100 a One of the preferred methods, of Yet here we are on the House floor, barrel in the United States. Not so, la- course, would be to build a pipeline to trying to do the exact same thing to dies and gentlemen, with natural gas. cross the U.S.-Canada border and then our export of natural gas, and we’re

VerDate Mar 15 2010 01:01 Feb 17, 2012 Jkt 019060 PO 00000 Frm 00021 Fmt 4634 Sfmt 0634 E:\CR\FM\K16FE7.045 H16FEPT1 jbell on DSK7SPTVN1PROD with HOUSE H826 CONGRESSIONAL RECORD — HOUSE February 16, 2012 going to be called on it just like we I urge my colleagues to vote ‘‘no’’ on AMENDMENT NO. 18 OFFERED BY MR. MARKEY called it out on China. the Markey amendment. The Acting CHAIR. It is now in order Secondly, besides being hypocritical, Mr. MARKEY. I yield myself the bal- to consider amendment No. 18 printed this is going to kill American jobs. We ance of my time. in part A of House Report 112–398. need not just to buy American; we need The Republican slogan 2 years ago Mr. MARKEY. I have an amendment to sell American around the world: our was, ‘‘Drill here, drill now, pay less.’’ at the desk. cars, our ag products, our electronics, Today the slogan is, ‘‘Drill here, sell to The Acting CHAIR. The Clerk will computers, and, yes, our natural gas. China, pay more in the United States.’’ designate the amendment. That’s how we grow America’s econ- If all these terminals get built, the The text of the amendment is as fol- omy. Energy Department says the price is lows: I urge defeat. going to go up by 54 percent for Amer- At the end of title XVII add the following: Mr. MARKEY. I would inquire as to ican consumers. Let me tell you what Subtitle D—Miscellaneous Provisions who has the right to close and if the Boone Pickens says. Boone Pickens SEC. 17801. ELIGIBILITY FOR NEW LEASES AND majority is down to its last speaker. said something that is very, very clear THE TRANSFER OF LEASES. The Acting CHAIR. The gentleman about exporting natural gas. He said: (a) ISSUANCE OF NEW LEASES.— from Washington has the right to ‘‘If we do it, we’re truly going to go (1) IN GENERAL.—Beginning in fiscal year 2013, the Secretary of the Interior shall not close. down as America’s dumbest generation. Mr. HASTINGS of Washington. Mr. accept bids on any new leases offered pursu- It’s bad public policy to export natural ant to this title (including the amendments Chairman, I advise my friend from gas.’’ American energy for American made by this title) from a person described Massachusetts that I have requests jobs. in paragraph (2) unless the person has re- from two other Members, so there are Oil and natural gas are not lobsters. negotiated each covered lease with respect three including me. They are not toothbrushes. They are to which the person is a lessee, to modify the Mr. MARKEY. Mr. Chair, through our key to the strategic protection of payment responsibilities of the person to re- you, I would prefer to wait until the our national security. This is a signal quire the payment of royalties if the price of oil and natural gas is greater than or equal final speaker for the majority is about to OPEC that we mean business. We’re to take the podium. to the price thresholds described in clauses going to drill for the natural gas. We’re (v) through (vii) of section 8(a)(3)(C) of the I continue to reserve the balance of going to keep it here. And we’re going my time. Outer Continental Shelf Lands Act (43 U.S.C. to tell them we don’t need their oil any 1337(a)(3)(C)). Mr. HASTINGS of Washington. I am more than we need their sand. (2) PERSONS DESCRIBED.—A person referred very pleased, Mr. Chairman, to yield 30 Vote for the Markey amendment. to in paragraph (1) is a person that— seconds to the gentleman from Texas Keep the natural gas, which we drill for (A) is a lessee that— (Mr. FARENTHOLD). off of the beaches in this country, in (i) holds a covered lease on the date on Mr. FARENTHOLD. I also rise in op- which the Secretary considers the issuance our country, and tell them they can position to this amendment. As the of the new lease; or chairman has pointed out, there is no keep their sand. We’ll keep our natural (ii) was issued a covered lease before the market in Alaska, and we know how gas right here in America. Vote ‘‘aye’’ date of enactment of this Act, but trans- the other side feels about building for the Markey amendment. ferred the covered lease to another person or I yield back the balance of my time. entity (including a subsidiary or affiliate of pipelines through Canada. the lessee) after the date of enactment of Right now, we’ve got an historic low Mr. HASTINGS of Washington. Mr. Chairman, I yield myself the balance of this Act; or price of gas, which is great for Amer- (B) any other person that has any direct or ica, but it’s also great for the rest of my time. My friend from Massachusetts makes indirect interest in, or that derives any ben- the world. This is our opportunity to efit from, a covered lease. a great point with great, great passion. use our excess capacity. We’re pro- (3) MULTIPLE LESSEES.— I thought that the gentleman was ar- ducing more than we can consume, (A) IN GENERAL.—For purposes of para- guing in support of the underlying bill. hence the low price. We’re flaring it graph (1), if there are multiple lessees that And the reason I say that is because through areas of Texas. This is an op- own a share of a covered lease, the Secretary the underlying bill opens up areas on may implement separate agreements with portunity to lower our balance of trade the Atlantic and Pacific coasts for any lessee with a share of the covered lease and to make some money. Then, as the drilling for oil and gas. that modifies the payment responsibilities price goes up, the government gets The gentleman said yesterday that with respect to the share of the lessee to in- more in royalties. clude price thresholds that are equal to or he is very much in favor of natural gas. I would also like to point out, if we less than the price thresholds described in applied this same logic to other com- There is natural gas off the north shore clauses (v) through (vii) of section 8(a)(3)(C) modities—well, let’s not export our of the Atlantic. Shipping costs would of the Outer Continental Shelf Lands Act (43 food so our food prices go down. Let’s be very, very little. I’m somewhat con- U.S.C. 1337(a)(3)(C)). not export our cars so our car prices go fused. But I don’t think that the gen- (B) TREATMENT OF SHARE AS COVERED tleman’s amendment will accomplish LEASE.—Beginning on the effective date of an down. agreement under subparagraph (A), any Mr. HASTINGS of Washington. Mr. what he says. But his rhetoric—I can tell you, Mr. Chairman—will accom- share subject to the agreement shall not con- Chairman, I am very pleased to yield 30 stitute a covered lease with respect to any seconds to the gentleman from Texas plish what the underlying bill says, and lessees that entered into the agreement. (Mr. OLSON). that will make us less dependent on (b) TRANSFERS.—A lessee or any other per- foreign sources of energy and create son who has any direct or indirect interest b 1610 American energy jobs. in, or who derives a benefit from, a covered Mr. OLSON. Mr. Chairman, I rise in With that, I urge rejection of the lease shall not be eligible to obtain by sale opposition to the Markey amendment. Markey amendment, and I yield back or other transfer (including through a swap, The gentleman from Massachusetts has the balance of my time. spinoff, servicing, or other agreement) any displayed a clear lack of understanding The Acting CHAIR. The question is new lease offered pursuant to this title (including the amendments made by this title) of our great Nation’s history with his on the amendment offered by the gen- or the economic benefit of any such new amendment to restrict American ex- tleman from Massachusetts (Mr. MAR- lease, unless the lessee or other person has— ports of natural gas. KEY). (1) renegotiated each covered lease with re- Exports have made America a world The question was taken; and the Act- spect to which the lessee or person is a les- power. Our country grew stronger eco- ing Chair announced that the noes ap- see, to modify the payment responsibilities nomically by providing the products peared to have it. of the lessee or person to include price the world demands. No one would get Mr. MARKEY. Mr. Chairman, I de- thresholds that are equal to or less than the upset if Ford or GM were making mand a recorded vote. price thresholds described in clauses (v) enough cars so that they could supply The Acting CHAIR. Pursuant to through (vii) of section 8(a)(3)(C) of the Outer Continental Shelf Lands Act (43 U.S.C. domestic markets and also ship cars clause 6 of rule XVIII, further pro- 1337(a)(3)(C)); or overseas. Nobody is proposing to re- ceedings on the amendment offered by (2) entered into an agreement with the Sec- strict the export of Massachusetts lob- the gentleman from Massachusetts will retary to modify the terms of all covered sters. be postponed. leases of the lessee or other person to include

VerDate Mar 15 2010 02:10 Feb 17, 2012 Jkt 019060 PO 00000 Frm 00022 Fmt 4634 Sfmt 0634 E:\CR\FM\K16FE7.049 H16FEPT1 jbell on DSK7SPTVN1PROD with HOUSE February 16, 2012 CONGRESSIONAL RECORD — HOUSE H827 limitations on royalty relief based on mar- be to make sure that we have sufficient The amendment that I’m offering ket prices that are equal to or less than the funding in order to pay for Medicare, would give these oil companies a price thresholds described in clauses (v) pay for kids going to college, pay for strong incentive to renegotiate their through (vii) of section 8(a)(3)(C) of the the research to find a cure for cancer? leases and to pay their fair share of Outer Continental Shelf Lands Act (43 U.S.C. 1337(a)(3)(C)). Of all the companies that should be royalty taxes. My amendment would (c) DEFINITIONS.—In this section— kicking in their fair share of the dues offer these oil companies a choice. (1) COVERED LEASE.—The term ‘‘covered to run this country, it should be the They can choose to either continue to lease’’ means a lease for oil or gas produc- companies who made $137 billion last produce royalty tax-free in the Gulf of tion in the Gulf of Mexico that is— year and are getting away scot-free and Mexico on public lands but not be able (A) in existence on the date of enactment not paying taxes for drilling off of the to receive any new leases on public of this Act; coastlines of our country on public lands, or they can agree to pay their (B) issued by the Department of the Inte- lands. fair share and be able to bid on new rior under section 304 of the Outer Conti- At this point, I reserve the balance of nental Shelf Deep Water Royalty Relief Act areas. They can’t have it both ways. (43 U.S.C. 1337 note; Public Law 104–58); and my time. With oil prices at $100 a barrel, this (C) not subject to limitations on royalty Mr. HASTINGS of Washington. Mr. free drilling is absolutely unaccept- relief based on market price that are equal Chairman, I claim time in opposition. able. to or less than the price thresholds described The Acting CHAIR. The gentleman is The Congressional Research Service in clauses (v) through (vii) of section recognized for 5 minutes. has repeatedly found that this amend- Mr. HASTINGS of Washington. Mr. 8(a)(3)(C) of the Outer Continental Shelf ment would not be an abrogation of Lands Act (43 U.S.C. 1337(a)(3)(C)). Chairman, this amendment is virtually contract or constitute a taking. In (2) LESSEE.—The term ‘‘lessee’’ includes identical once again to amendments 2010, the Congressional Research Serv- any person or other entity that controls, is that have failed on the House floor by ice wrote of my amendment: controlled by, or is in or under common con- a bipartisan vote, and I’m speaking trol with, a lessee. specifically of last year. To reiterate, the amendment imposes no (3) NEW LEASE.—The term ‘‘new lease’’ Let me give a little bit of a history. legal compulsion. Just as in Ruckelshaus, means a lease issued in a lease sale under Congress simply would be posing an election. this title or the amendments made by this In 1995, a Democrat Senator and the title. Clinton White House negotiated the b 1620 Deep Water Relief Act. The intent was The Acting CHAIR. Pursuant to This amendment does not require to promote interest in deepwater House Resolution 547, the gentleman these companies to renegotiate their leases. According to the 1995 law, the from Massachusetts (Mr. MARKEY) and leases to pay their fair share; it just royalty relief is on the volume of oil a Member opposed each will control 5 gives them an incentive to do so. And and gas produced on a lease. While minutes. this amendment would not force com- other royalty-relief provisions are de- The Chair recognizes the gentleman panies to give up their leases; it would pendent upon economic hardship, these from Massachusetts. just impose a condition in issuing fu- are solely dependent on volume pro- Mr. MARKEY. Mr. Chairman, I yield ture leases. duced. As CRS has stated, as a general mat- myself 3 minutes. While the gentleman’s amendment Last year, ExxonMobil made $41 bil- ter, the United States has broad discre- aims to fix the problem by including lion in profits. Together, the top five tion in setting the qualifications of price thresholds, this issue has been re- oil companies made a combined $137 those with whom it contracts. These peatedly settled in courts of law and companies would be perfectly free to billion in profits. You would think that the courts have determined that in- choose to continue producing this free every time these large oil companies cluding price thresholds to this law windfall oil even if prices climbed well extract oil from public lands offshore would be a violation of the contract past $100 a barrel and gas prices go past in the Gulf of Mexico that they would law. The U.S. Supreme Court found $4 a gallon—they can do that. They can be required to pay the American people that the Department did not have the hang on to these windfall leases if they a fee, a royalty to do so, since the authority to include price thresholds want. But if they do, they will not get lands are owned by the people of the on lease agreements issued under the any new leases from the American peo- United States. Well, you would be 1995 law. In fact, the Department of In- wrong. As a result of an oil company terior has lost this issue in the district ple on the public lands of our country. court challenge to a 1995 law, oil com- court, the appellate court, and the Su- I reserve the balance of my time. panies are not paying any royalties to preme Court. Simply stated, including Mr. HASTINGS of Washington. Mr. the American people on leases issued price thresholds on these leases would Chairman, I am pleased to yield 1 between 1996 and 2000 on public lands of be illegal. If this amendment passed, minute to the gentleman from Texas our country. the issue would almost certainly be (Mr. BRADY). The Republicans want to drill into challenged in court, where the Depart- Mr. BRADY of Texas. Mr. Chairman, the pensions of Federal workers to fund ment would again use taxpayer dollars this amendment has been defeated so our highways. They want to drill in the to lose again. Ultimately, this amend- many times on the House floor, it’s Arctic National Wildlife Refuge, Amer- ment seeks to force U.S. companies to like one of those bad ‘‘American Idol’’ ica’s Serengeti, and off our beaches in break a contract negotiated under gov- tryouts. And there is good reason for California and Florida and New Jersey ernment law or else be denied the op- it. It is as Chairman HASTINGS said. In to fund this transportation bill. But if portunity to do business in the United the 1990s, we wanted to encourage more we are looking for revenue to fund our States. American-made energy, not importing road projects, we should just start by The ranking member aims to back it from the Middle East. So we encour- ending this free ride Big Oil is getting companies into a corner and force them aged companies to explore in deep- on public land. to break an unbreakable contract. I water. They did. In recent years, the amount of free think this is a bad amendment. The American companies invested hun- oil these companies have been pumping House has rejected it in the past, and I dreds of millions of dollars in leases has gone through the roof as more of would urge the House and my col- paid to the American Government in these free drilling leases have gone leagues to again reject it this time. new investment, in new equipment, and into production. In fact, right now I reserve the balance of my time. it worked. They found oil and gas. more than 25 percent of all oil produced Mr. MARKEY. May I inquire once They pumped it, and they paid billions offshore on Federal lands is produced again as to how much time is remain- of dollars in revenue in royalties to us royalty free, tax free. They don’t have ing on either side? based on how much they pumped. The to pay any taxes whatsoever. Let me The Acting CHAIR. The gentleman more they pumped, the more they paid say that again. These companies get a from Massachusetts has 23⁄4 minutes re- to the American taxpayer. complete windfall profit by paying no maining. The gentleman from Wash- This outraged our Democrat friends. taxes for drilling off of the coastline of ington has 3 minutes remaining. They’ve tried to break those American the United States, owned by the Amer- Mr. MARKEY. I yield myself a contracts, force the government to go ican people. What kind of plan can that minute and three-quarters. back on its word. Four times the

VerDate Mar 15 2010 02:10 Feb 17, 2012 Jkt 019060 PO 00000 Frm 00023 Fmt 4634 Sfmt 0634 E:\CR\FM\A16FE7.039 H16FEPT1 jbell on DSK7SPTVN1PROD with HOUSE H828 CONGRESSIONAL RECORD — HOUSE February 16, 2012 courts have said, including the Su- tract is a contract. You abide by what (4) is completed in less than 45 days, in- preme Court, No, the American Gov- you negotiate under the existing law. cluding the removal of any surface infra- ernment’s word means something. And this existing law has worked its structure from the site; and Today, they want to break that word way through the courts all of the way (5) requires the restoration of the project site within 3 years to approximately the con- on the House floor, extort our Amer- to the Supreme Court. And in every dition that existed at the time the project ican companies into breaking those case, the 1995 law in these leases was began, unless the site is subsequently used as contracts. upheld. Why would we want to jeop- part of energy development on the lease. We’re going to say no. The American ardize and send the wrong message to (b) NEPA EXCLUSION.—Section 102(2)(C) of Government’s contract and the words those who would want to take the risk the National Environmental Policy Act of mean something, and we’re going to and make the investments under this 1969 (42 U.S.C. 4332(2)(C)) shall not apply with create the jobs that come from Amer- law? It would send a very, very wrong respect to a project that the Secretary of the ican-made energy. signal, in my view. Interior determines under subsection (c) is a The Acting CHAIR. The time of the Once again, this amendment has been geothermal exploration test project. (c) NOTICE OF INTENT; REVIEW AND DETER- gentleman has expired. defeated on this floor a number of MINATION.— Mr. HASTINGS of Washington. I times. I urge my colleagues to vote (1) REQUIREMENT TO PROVIDE NOTICE.—A yield the gentleman an additional 1 ‘‘no’’ one more time to defeat this leaseholder intending to carry out a geo- minute. amendment. thermal exploration test project shall pro- Mr. BRADY of Texas. Mr. Chairman, With that, I yield back the balance of vide notice to the Secretary of the Interior I just want to reiterate the point we’ve my time. not later than 30 days prior to the start of been making. The goal of this amend- The Acting CHAIR. The question is drilling under the project. ment is not simply to break America’s on the amendment offered by the gen- (2) REVIEW OF PROJECT.—The Secretary shall by not later than 10 days after receipt contract, it’s really to stop American tleman from Massachusetts (Mr. MAR- of a notice of intent under paragraph (1) companies from investing here in KEY). from a leaseholder— America, and creating jobs from clean The question was taken; and the Act- (A) review the project described in the no- natural gas, from oil, from traditional ing Chair announced that the ayes ap- tice and determine whether it is a geo- energy that fuels so much of America’s peared to have it. thermal exploration test project under sub- economy, to make sure that we are re- Mr. HASTINGS of Washington. Mr. section (a); and liant on our energy, not on the Middle Chairman, I demand a recorded vote. (B) notify the leaseholder— East or Venezuela. The Acting CHAIR. Pursuant to (i) that under subsection (b) of this section, And so the goal of this amendment, clause 6 of rule XVIII, further pro- section 102(2)(C) of the National Environ- mental Policy Act of 1969 (42 U.S.C. the reason it has been killed so many ceedings on the amendment offered by the gentleman from Massachusetts will 4332(2)(C)) does not apply to the project; or times, is it works against America’s (ii) that section 102(2)(C) of the National energy interests. It works against be postponed. Environmental Policy Act of 1969 (42 U.S.C. American energy jobs, and it breaks AMENDMENT NO. 19 OFFERED BY MR. LABRADOR 4332(2)(C)) applies to the project, including the rule of law. America is not a ba- The Acting CHAIR. It is now in order clear and detailed findings on any defi- nana republic. Our contracts mean to consider amendment No. 19 printed ciencies in the project that preclude the ap- something, and we’re going to uphold in part A of House Report 112–398. plication of subsection (b) of this section to them. Mr. LABRADOR. Mr. Chairman, I the project. (3) OPPORTUNITY TO REMEDY.—If the Sec- Mr. MARKEY. Mr. Chairman, I yield have an amendment at the desk. The Acting CHAIR. The Clerk will retary provides notice under paragraph myself the balance of my time. (2)(B)(ii) that section 102(2)(C) of the Na- These oil giants are the most profit- designate the amendment. The text of the amendment is as fol- tional Environmental Policy Act of 1969 (42 able companies in the history of the U.S.C. 4332(2)(C)) applies to the project, the world. Yet the Republicans are going lows: Secretary shall provide the leaseholder an to give them $40 billion in tax breaks At the end of title XVII add the following: opportunity to remedy the deficiencies de- over the next 10 years. And rather than Subtitle D—Promotion of Timely Exploration scribed in the notice prior to the date the reclaiming them for our soldiers or for for Geothermal Resources leaseholder intended to start of drilling Medicare recipients, they say no, you SEC. 17801. SHORT TITLE. under the project. can’t touch that. This subtitle may be cited as the ‘‘Explor- The Acting CHAIR. Pursuant to And so I turn to them and I say: ing for Geothermal Energy on Federal Lands House Resolution 547, the gentleman Act’’. What about all of the royalty tax-free from Idaho (Mr. LABRADOR) and a Mem- SEC. 17802. GEOTHERMAL EXPLORATION NOTICE ber opposed each will control 5 min- drilling they’re doing? Twenty-five per- AND EXCLUSION. cent of all oil drilled for off of the (a) DEFINITION OF GEOTHERMAL EXPLO- utes. coastlines of our country on public RATION TEST PROJECT.—In this section the The Chair recognizes the gentleman lands, no taxes. No royalties. No con- term ‘‘geothermal exploration test project’’ from Idaho. tribution to America. They’re not pay- means the drilling of a well to test or explore Mr. LABRADOR. Mr. Chairman, for ing their fair share of the dues. for geothermal resources on lands leased by far too long, the Federal Government And the gentleman from Texas just the Department of the Interior for the devel- has imposed regulatory burdens that opment and production of geothermal re- have impeded economic growth and said the more they drill, the more they sources, that— pay. Absolutely not true. The more (1) is carried out by the holder of the lease; limited our access to domestic energy. they drill, the bigger their profits. (2) causes— This legislation, which passed out of They don’t have to pay a nickel in roy- (A) less than 5 acres of soil or vegetation the Natural Resources Committee on a alty taxes. They get off scot-free. Ev- disruption at the location of each geo- bipartisan basis, establishes a common- eryone else gets tipped upside down by thermal exploration well; and sense, streamlined policy for the devel- the tax man on April 15 to pick up (B) not more than an additional 5 acres of opment of clean geothermal energy re- what they’re not willing to pay. It’s soil or vegetation disruption during access or sources that will create jobs and pro- egress to the test site; vide low-cost energy to American fami- time for them to pay their fair share of (3) is developed— the dues. (A) no deeper than 2,500 feet; lies. That’s what the Markey amendment (B) less than 8 inches in diameter; In Idaho, we have an abundance of says. Either start renegotiating those (C) in a manner that does not require off- geothermal energy potential that is leases or you’re not drilling any longer road motorized access other than to and unavailable due to Federal bureau- on the public lands of the United from the well site along an identified off- cratic impediments. Idaho has a unique States of America. Vote ‘‘aye.’’ road route for which notice is provided to history of developing geothermal en- I yield back the balance of my time. the Secretary of the Interior under sub- ergy. I served for 4 years in the Idaho Mr. HASTINGS of Washington. Mr. section (c); legislature, where our 100-year-old (D) without construction of new roads Chairman, I yield myself the balance of other than upgrading of existing drainage statehouse is entirely heated by geo- my time. crossings for safety purposes; and thermal energy, as are many of our Mr. Chairman, there is a very impor- (E) with the use of rubber-tired digging or downtown Boise office buildings, old tant principle here, and that is a con- drilling equipment vehicles; and new. The annual operating costs

VerDate Mar 15 2010 02:10 Feb 17, 2012 Jkt 019060 PO 00000 Frm 00024 Fmt 4634 Sfmt 0634 E:\CR\FM\K16FE7.054 H16FEPT1 jbell on DSK7SPTVN1PROD with HOUSE February 16, 2012 CONGRESSIONAL RECORD — HOUSE H829 for generating this abundant heat are from that particular well. In fact, tion goes forward, it will only be a essentially zero. about 72 applications had been made, matter of time before there is a major Current law requires each geo- and 47 had been done very quickly. controversy over the exploration of a thermal exploration hole to go through Why were the others not done? There well and the effect on surrounding re- an individual environmental review was a potential problem. Perhaps they sources. If that’s what the majority and approval process, discouraging en- were near somebody else’s resource, wants, then go ahead. The result will ergy companies from investing in perhaps they were in an area that was be a huge blow-up such as we now see projects and curtailing our access to environmentally sensitive, perhaps with fracking. geothermal energy. Each individual en- they were in an area where you could We don’t need that. What we need to vironmental review process can take draw down a naturally occurring hot do is rapidly expand our geothermal between 10 months to 2 years to com- spring or a geyser. production in America, and there are plete. So there are reasons for the review, many different resources available to Now, more than ever, we should en- and there is no reason for a categorical us. I would just remind my friend from courage private enterprise by removing exemption unless, of course, you want Colorado that the kind of geothermal the regulatory burdens that stall our to somehow, bit by bit, terminate he’s talking about is not the deep well, economic growth. My amendment does NEPA, which seems the strategy of the hot geothermal, but rather a geo- just that. Republicans here, just nibble away thermal that uses the ambient tem- What the legislation does: number enough so that NEPA has no meaning. perature of the soil several feet deep one, it improves regulations that ham- I would draw the attention to the into the ground. That’s a different kind per geothermal exploration and allows majority here that the natural gas in- of geothermal situation. projects to be done without the con- dustry obtained an exemption for nat- What we’re talking about here is tap- struction of new roads and without the ural gas fracking from the EPA regula- ping a hot portion of the Earth and ex- use of off-road motorized vehicles to tions. The result, at least in Pennsyl- tracting from that the energy that’s ensure minimal environmental dam- vania and in New York, was extraor- possible. Do it with care, because there age. dinary trouble for the natural gas in- is the potential for very serious prob- Number two, it protects the environ- dustry. lems if you do it incorrectly. Take a ment by requiring the removal of any So let’s not rush forward here. look. surface infrastructure to minimize sur- There’s a process in place that provides And, by the way, to our knowledge, face impact. for an exemption, a very quick process the geothermal industry is not inter- Number three, it sets firm deadlines to determine if that particular well is ested in this exemption. There may be for permitting to occur, providing the appropriate and allowed to go forward. some company out there; but in testi- geothermal companies the certainty Where there’s trouble, don’t do it. mony before the committee, it was they need to make appropriate busi- I reserve the balance of my time. clear that the geothermal industry ness decisions. This is important. Mr. LABRADOR. Mr. Chairman, I said, We don’t need this; things are What my amendment does not do: it yield 1 minute to the gentleman from moving along the way we want them to does not subsidize geothermal energy. Colorado (Mr. LAMBORN). move along. It merely eliminates a regulatory hur- Mr. LAMBORN. I thank my colleague Understand that there is competition dle that is unique to the geothermal from Idaho. between geothermal companies. One development process, allowing in- I rise in strong support of this person may be on this side of the geo- creased deployment without a tax cred- amendment. It would streamline the thermal resource, another on the other it or other cost to the taxpayers. geothermal exploration process to ex- side, a third entity comes in and tries It also does not allow geothermal de- pedite the development of geothermal to extract the oil, the energy in a test velopment to occur in any of our pris- energy on Federal lands. Being from well, and, voila, now we’ve got conflict. tine areas that are currently off limits Colorado, I know well the potential for Without a review, those things will to exploration. The bill simply removes geothermal energy development. In happen. There is no need for a bureaucratic layers that companies fact, just last year, the National Re- categoric exemption. must endure after they obtain a lease. newable Energy Laboratory, NREL, I reserve the balance of my time. I urge my colleagues to support this teamed up with IKEA to build the first Mr. LABRADOR. Mr. Chairman, may bipartisan amendment. IKEA store in the United States that is I inquire how much time remains. I reserve the balance of my time. partially powered by geothermal en- The Acting CHAIR. The gentleman Mr. GARAMENDI. Mr. Chairman, I ergy. has 11⁄2 minutes remaining. rise in opposition to the amendment. As our Nation heads down the path of Mr. LABRADOR. I yield 1 minute to The Acting CHAIR. The gentleman energy security, we should be facili- the gentleman from Washington (Mr. from California is recognized for 5 min- tating the development of renewable HASTINGS). utes. energy on Federal land. This is a good Mr. HASTINGS of Washington. Mr. Mr. GARAMENDI. Thank you. amendment that could potentially Chairman, I want to congratulate my We’re all for geothermal. There’s no- shave years off the process of geo- friend and colleague from Idaho for body on this side that’s opposed to geothermal energy exploration and con- this amendment. And let me correct thermal. We think it is a really good tribute to our increasing domestic en- just one statement that was made just resource. In fact, in my own history ergy portfolio in the United States. a moment ago. The geothermal indus- way back in California, the first geo- I urge your support of the Labrador try testified in our committee in favor thermal wells were drilled when I was amendment. of this bill. But there seems to be a on the Resources Committee in the Mr. GARAMENDI. May I ask the re- pattern here when we talk about activ- State. We did it well. We required an maining time. ity on Federal land, which, of course, is upfront review of the potential wells, The Acting CHAIR. The gentleman under the jurisdiction of the com- and we continued to do that in Cali- from California has 3 minutes remain- mittee that I have the privilege to fornia. And it turns out that this par- ing. chair. And if I hear it once, I hear it ticular law would waive the NEPA re- Mr. GARAMENDI. It sounds good, dozens of times, and we hear it vir- quirements, simply a categorical ex- doesn’t it? Until the well happens to tually in all the testimony when we emption for geothermal test wells. It’s destroy the neighbor’s well or until the hear of issues that come before our not necessary, and not wise. well happens to destroy one of the committee, and that is the red tape many hot springs or geysers that exist that you have to go through to utilize b 1630 in public parks, national parks. It our public lands for multiple-purpose Already the Bureau of Land Manage- sounds good until you begin to under- use. ment rapidly approves thermal test stand the implications of what happens Let me just say this, Mr. Chairman. wells with a very quick environmental when there is no environmental review. Our public lands were designed, unless review to determine if there’s any po- Oh, yeah, it sounds good. But I will Congress sets aside specifically, for tential problem in that particular area guarantee you this, that if this exemp- multiple use. That means commercial

VerDate Mar 15 2010 02:10 Feb 17, 2012 Jkt 019060 PO 00000 Frm 00025 Fmt 4634 Sfmt 0634 E:\CR\FM\K16FE7.056 H16FEPT1 jbell on DSK7SPTVN1PROD with HOUSE H830 CONGRESSIONAL RECORD — HOUSE February 16, 2012 activity and that means recreational The question was taken; and the Act- underserved, and resource constrained com- activity, a wide variety of activities. ing Chair announced that the ayes ap- munities’’; But when we have these other laws peared to have it. (4) in a final report to the President, the that inhibit that use, then I think it Mr. GARAMENDI. Mr. Chair, I de- National Commission on the BP Deepwater Horizon Oil Spill and Offshore Drilling— works against what the American peo- mand a recorded vote. (A) stated, ‘‘Estimates of the cost of Gulf ple are trying to accomplish. The Acting CHAIR. Pursuant to restoration, including but not limited to the This is a very simple process that clause 6 of rule XVIII, further pro- Mississippi Delta, vary widely, but according says, goodness, if you have a lease in ceedings on the amendment offered by to testimony before the Commission, full an area, why do you have to have so the gentleman from Idaho will be post- restoration of the Gulf will require $15 bil- much redundancy to do the same thing poned. lion to $20 billion: a minimum of $500 million over and over again? I think this annually for 30 years.’’; and b 1640 amendment is a good amendment. As I (B) like the Secretary of the Navy, rec- mentioned, it passed out of committee AMENDMENT NO. 20 OFFERED BY MR. SCALISE ommended that, to meet the needs described on a bipartisan vote, and I urge adop- The Acting CHAIR. It is now in order in subparagraph (A), a substantial portion of to consider amendment No. 20 printed applicable penalties under the Federal Water tion. Pollution Control Act (33 U.S.C. 1251 et seq.) Mr. GARAMENDI. I suppose it’s time in part A of House Report 112–398. be dedicated to long-term restoration of the to just finish up this debate, so I yield Mr. SCALISE. Mr. Chairman, I have Gulf of Mexico; myself the balance of my time. an amendment at the desk. (5) taking into account the risks borne by A quick quote from Paul Thomsen of The Acting CHAIR. The Clerk will Gulf Coast States for decades of oil and gas Ormat Technologies in committee rep- designate the amendment. development and the environmental degrada- resenting the geothermal industry at The text of the amendment is as fol- tion suffered by the Gulf Coast region, the the legislative hearing June 23, 2011: lows: amounts received by the United States as payment of administrative, civil, or criminal If we can get to an implementation that is At the end of the bill, add the following penalties in connection with the explosion consistent with what the current policy cur- (and conform the table of contents accord- on, and sinking of, the mobile offshore drill- rently is, we would be very happy with that ingly): ing unit Deepwater Horizon should be ex- and I don’t think this necessarily requires a TITLE XVIII—RESTORE ACT total exemption from NEPA. pended— SECTION 18001. SHORT TITLE. (A) to restore the natural resources, eco- Let it be that. We’ll go on. They This title may be cited as the ‘‘Resources systems, fisheries, marine and wildlife habi- don’t need an exemption. And it was and Ecosystems Sustainability, Tourist Op- tats, beaches, barrier islands, dunes, coastal just stated that if you’ve got an area, a portunities, and Revived Economies of the wetlands, and economy of the Gulf Coast; resource area, what difference does it Gulf Coast States Act of 2012’’. and make if somebody drills within that SEC. 18002. FINDINGS. (B) to address the associated economic area. I can tell you what difference it Congress finds that— harm suffered by the people and commu- makes. In California, regarding the (1) as a result of decades of oil and gas de- nities of the region; geysers—a huge resource, one of the velopment in the Gulf of Mexico, producing (6) the projects and programs authorized very first in the United States—it and nonproducing States in the Gulf Coast by this title and the amendments made by region have borne substantial risks of envi- this title should be carried out pursuant to makes a great deal of difference where contracts awarded in a manner that provides somebody else drills in your neighbor- ronmental damage and economic harm, all of which culminated with the explosion on, and a preference to individuals and entities that hood, because that drilling can dry up sinking of, the mobile offshore drilling unit reside in, are headquartered in, or are prin- your resource. Deepwater Horizon; cipally engaged in business in a Gulf Coast It is exceedingly important to under- (2) the discharge of oil in the Gulf of Mex- State; and stand the geology and understand the ico that began following the explosion on, (7) Federal, State, and local officials environmental risks associated with and sinking of, the mobile offshore drilling should seek— exploratory and then the development. unit Deepwater Horizon has caused substan- (A) to leverage the financial resources No need for an exemption unless, of tial environmental destruction and economic made available under this title; and course, you want to, once again, nibble harm to the people and communities of the (B) to the maximum extent practicable, to Gulf Coast region; ensure that projects funded pursuant to this away at NEPA until it’s not worth hav- title complement efforts planned or in oper- ing at all, which apparently is the (3)(A) in the report entitled ‘‘America’s Gulf Coast—A Long Term Recovery Plan ation to revitalize the natural resources and strategy we’re seeing from this com- after the Deepwater Horizon Oil Spill’’, the economic health of the Gulf Coast region. mittee and these numerous amend- Secretary of the Navy stated, ‘‘Together, the SEC. 18003. GULF COAST RESTORATION TRUST ments. Gulf’s tourism and commercial and rec- FUND. I yield back the balance of my time. reational fishing industries contribute tens (a) ESTABLISHMENT.—There is established Mr. LABRADOR. Mr. Chairman, in of billions of dollars to the [United States] in the Treasury of the United States a trust economy. More than 90 percent of the conclusion, let’s correct two state- fund to be known as the ‘‘Gulf Coast Res- [N]ation’s offshore crude oil and natural gas ments that were just made. Number toration Trust Fund’’ (referred to in this sec- is produced in the Gulf, and the [F]ederal one, the Chamber of Commerce and the tion as the ‘‘Trust Fund’’), consisting of such treasury receives roughly $4.5 billion dollars geothermal industry testified in our amounts as are deposited in the Trust Fund every year from offshore leases and royal- under this section or any other provision of committee that they’re for this, and I ties. And it is in the Gulf of Mexico that law. have letters from them saying that nearly one third of seafood production in the they’re for this amendment. And, num- continental [United States] is harvested. (b) TRANSFERS.—The Secretary of the ber two, the bogeyman that they keep America needs a healthy and resilient Gulf Treasury shall deposit in the Trust Fund an using is geyser holes and other things. Coast, one that can support the diverse amount equal to 80 percent of all administra- The EIS for geothermal leasing in the economies, communities, and cultures of the tive and civil penalties paid by responsible region.’’; parties after the date of enactment of this western United States expressly states title in connection with the explosion on, that the BLM is prohibited from (B) to address the needs of the Gulf Coast region, the Secretary of the Navy stated, ‘‘It and sinking of, the mobile offshore drilling issuing leases on the following lands: is recommended that the President urge Con- unit Deepwater Horizon pursuant to a court lands contained within a unit of the gress to pass legislation that would dedicate order, negotiated settlement, or other in- National Park System or that are oth- a significant amount of any civil penalties strument in accordance with section 311 of erwise administered by the National recovered under the [Federal Water Pollu- the Federal Water Pollution Control Act (33 Park System. They continue to use tion Control Act] from parties responsible U.S.C. 1321). Yellowstone and all these other bogey- for the Deepwater Horizon oil spill to those (c) EXPENDITURES.—Amounts in the Trust men, and we know that is not true be- directly impacted by that spill.’’; and Fund, including interest earned on advances cause we cannot do any leasing or any (C) to mitigate local challenges and help to the Trust Fund and proceeds from invest- restore the resiliency of communities ad- ment under subsection (d), shall be available, geothermal activity in any of those versely affected by the spill, the Secretary of pursuant to a future Act of Congress enacted lands. the Navy stated that the legislation de- after the date of enactment of this Act— I yield back the balance of my time. scribed in subparagraph (B) should ‘‘[b]uild (1) for expenditure to restore the Gulf The Acting CHAIR. The question is economic development strategies around Coast region from the Deepwater Horizon oil on the amendment offered by the gen- community needs, and take particular ef- spill for undertaking projects and programs tleman from Idaho (Mr. LABRADOR). forts to address the needs of disadvantaged, in the Gulf Coast region that would restore

VerDate Mar 15 2010 02:10 Feb 17, 2012 Jkt 019060 PO 00000 Frm 00026 Fmt 4634 Sfmt 0634 E:\CR\FM\K16FE7.058 H16FEPT1 jbell on DSK7SPTVN1PROD with HOUSE February 16, 2012 CONGRESSIONAL RECORD — HOUSE H831 and protect the natural resources, eco- Obama has proposed this, a bipartisan Mr. RICHMOND. I thank the gentle- systems, fisheries, marine and wildlife habi- group of lawmakers—lawmakers on woman from Florida. tats, beaches, coastal wetlands, and economy both sides of the aisle—agreed to this, I rise today in support of the amend- of the Gulf Coast region; and a national commission recommended ment from my colleague from Lou- (2) solely to Gulf Coast States and coastal it, another national task force rec- isiana (Mr. SCALISE). political subdivisions to restore the eco- I’d like to just remind the Chair that systems and economy of the Gulf Coast re- ommended it, businesses, environ- gion. mentalists, we’ve all reached consensus it was a little less than 2 years ago (d) INVESTMENT.—Amounts in the Trust that 80 percent of the fines and pen- that the Deepwater Horizon occurred Fund shall be invested in accordance with alties that BP will be required to pay and we lost 11 Americans. We lost the section 9702 of title 31, United States Code, for violating the Clean Water Act go to lives of 11 Americans, and over 200 mil- and any interest on, and proceeds from, any Gulf of Mexico recovery and research. lion gallons of oil were spilled into the such investment shall be available for ex- But, see, Congress must pass a law to Gulf of Mexico. penditure in accordance with this section. Also, when you look at the damage (e) DEFINITIONS.—In this section: do this. Everyone has urged the Congress to that occurred, you have to remember (1) COASTAL POLITICAL SUBDIVISION.—The that the year of the spill our shrimp term ‘‘coastal political subdivision’’ means act on this, but the Congress has not supply was down 37 percent, crab was any local political jurisdiction that is imme- done so, unfortunately. As the cochair down 39 percent. Every day, when a diately below the State level of government, of the bipartisan Gulf Coast Caucus, I waitress or a waiter or a bartender including a county, parish, or borough, with asked my colleagues not to let the ef- went to work, they made less money, a coastline that is contiguous with any por- fort languish any longer. The House tion of the United States Gulf of Mexico. business owners were making less should act expeditiously to do so and (2) DEEPWATER HORIZON OIL SPILL.—The money to make ends meet, all because term ‘‘Deepwater Horizon oil spill’’ means the devote 80 percent of the Deepwater Hori- of the Deepwater Horizon oil spill. blowout and explosion of the mobile offshore zon fines and penalties to the Gulf of So what we want to make sure with drilling unit Deepwater Horizon that occurred Mexico. this amendment is that those who suf- on April 20, 2010, and resulting hydrocarbon Unfortunately, the Scalise amend- fered actually recoup the benefit of it releases into the environment. ment could be interpreted as an en- so that they can protect their coast (3) GULF COAST REGION.—The term ‘‘Gulf dorsement of a particular piece of leg- Coast region’’ means— and make sure that they protect their islation, the RESTORE Act. And while citizens from future hurricanes—not (A) in the Gulf Coast States, the coastal the RESTORE Act does devote 80 per- zones (as that term is defined in section 304 only their citizens, but protect a big of the Coastal Zone Management Act of 1972 cent of the fines and penalties to the investment of this country. (16 U.S.C. 1453)) that border the Gulf of Mex- gulf coast, it is flawed in its current When we talk about our ports, when ico; form and does not achieve meaningful we talk about the oil and gas industry, (B) any adjacent land, water, and water- recovery for the Gulf of Mexico. So I would just remind my colleagues that sheds, that are within 25 miles of those while I urge my colleagues, reluc- when Katrina happened, gas prices coastal zones of the Gulf Coast States; and tantly, to defeat this amendment, the went up 48 cents around the country. (C) all Federal waters in the Gulf of Mex- time is now for the Congress to pass an That’s because Louisiana was suf- ico. 80 percent bill and focus on the eco- fering, and we could not produce the oil (4) GULF COAST STATE.—The term ‘‘Gulf Coast State’’ means any of the States of Ala- nomic and environmental recovery of and gas we normally produce. bama, Florida, Louisiana, Mississippi, and the Gulf of Mexico. So this bill allows us to protect the Texas. I reserve the balance of my time. coast, protect America’s energy invest- The Acting CHAIR. Pursuant to Mr. SCALISE. Mr. Chairman, I would ment, and also make sure that we can House Resolution 547, the gentleman remind my colleague from Florida that save the lives of Louisiana citizens. The last thing that I will add is that from Louisiana (Mr. SCALISE) and a this legislation actually is the only in- we should not let the 200 million gal- Member opposed each will control 5 strument available that is germane to this legislation, that does direct 80 per- lons of oil and the 11 lives that were minutes. lost open up an opportunity for a wind- The Chair recognizes the gentleman cent of those BP fines to the Gulf Coast States, as the President’s commission fall for the American treasury. We from Louisiana. should make sure that these funds go Mr. SCALISE. Mr. Chairman, I yield and many others have called for who exactly where they should go so that myself such time as I may consume. support our legislation, the RESTORE we can help the gulf coast, which is so As we approach the 2-year anniver- Act, by the way. vital to this country’s energy inde- sary of the Deepwater Horizon disaster, With that, I yield 45 seconds to the pendence and the seafood that we all my amendment sets up the Gulf Coast gentleman from Florida (Mr. MILLER). Mr. MILLER of Florida. I thank the enjoy. Restoration Trust Fund and requires So I would again just say, Mr. Chair- that 80 percent of the Clean Water Act gentleman from Louisiana for the time and for all he has done to bring this man, that I rise in support of the fines will be directed to the fund for amendment. It’s not perfect, it’s not forward. I also want to thank all my the purposes of restoring the eco- the end all, but this is the best way colleagues from the gulf coast who systems and economies that were di- right now to make sure that the senti- fought so hard to make sure that this rectly impacted by the oil spill. ment is established that 80 percent of legislation came to the floor. This amendment shares strong bipar- the fines should go to those coastal I would say that, given the time that tisan support and is the first step in communities so that they can help I have, this amendment is vital. It’s ensuring that the Gulf Coast States their own recovery. have the ability to recover from the important to not only the State of Mr. SCALISE. Mr. Chairman, I yield largest environmental disaster in our Florida but the entire gulf coast area 45 seconds to the distinguished gen- because it will return a great portion country’s history. tleman from Alabama (Mr. BONNER). Mr. Chairman, I reserve the balance of the fines that will ultimately be paid Mr. BONNER. I thank the gentleman of my time. for the oil spill back to the gulf coast. for yielding. Ms. CASTOR of Florida. Mr. Chair- The amendment is the first step in a I’m pleased to join my colleagues man, I claim the time in opposition to very long process to make sure that BP today in support of this amendment. the amendment. and the other responsible parties are Let’s be clear: Today’s amendment, The Acting CHAIR. The gentlewoman held responsible, and would start to re- even if adopted, is not the end of our is recognized for 5 minutes. store the gulf coast from the damages efforts to make the gulf coast whole Ms. CASTOR of Florida. Mr. Chair- that were suffered as a result of the after the tragic BP Deepwater Horizon man, I yield myself 3 minutes. worst oil spill in the history of the oil spill almost 2 years ago. But make In the aftermath of the BP Deepwater world. So I urge all my colleagues to no mistake: This amendment is criti- Horizon disaster, a consensus was support this amendment. cally important as a step toward that reached that 80 percent of the Clean Ms. CASTOR of Florida. Mr. Chair- end. Water Act fines and penalties that BP man, at this time I’m pleased to yield The creation of the Gulf Coast Res- is required to pay because of the dam- 2 minutes to our colleague from Lou- toration Trust Fund is absolutely es- age go to the gulf coast. President isiana (Mr. RICHMOND). sential if we’re going to ensure that

VerDate Mar 15 2010 03:23 Feb 17, 2012 Jkt 019060 PO 00000 Frm 00027 Fmt 4634 Sfmt 0634 E:\CR\FM\A16FE7.041 H16FEPT1 jbell on DSK7SPTVN1PROD with HOUSE H832 CONGRESSIONAL RECORD — HOUSE February 16, 2012 the penalties paid by BP and the other urge approval and passage of this Resources Committee, Mr. HASTINGS, responsible parties are set aside for fu- amendment. for his support and help on this. ture expenditure to remediate the long- b 1650 Despite the gentlelady from Florida’s term environmental and economic comments, the RESTORE Act actually Ms. CASTOR of Florida. I continue to damage done to each of the five Gulf has a broad range of support, not only Coast States. reserve the balance of my time. Mr. SCALISE. Can I inquire the bal- from over 30 Members of Congress from Mr. Chairman, the Federal Govern- both sides of the aisle, but also from ment should not benefit from the trag- ance of the time, Mr. Chairman. The Acting CHAIR. The gentleman numerous outside groups, both on the edy that occurred in our backyard. And environmental side and on the business has 13⁄4 minutes remaining. I can’t say enough, thanks to Chairman Mr. SCALISE. I yield 45 seconds to side. HASTINGS and his leadership for giving the gentleman from Texas (Mr. OLSON). I will include in the RECORD all of us this opportunity with this amend- Mr. OLSON. Mr. Chairman, I rise in these letters from various business and ment for this broader effort. support of the amendment introduced environmental groups in support of the I urge adoption of the amendment. by my friend and colleague on the En- RESTORE Act. Ms. CASTOR of Florida. I reserve the ergy and Commerce Committee, the This amendment is a crucial first balance of my time. gentleman from Louisiana. Mr. SCALISE. At this point, Mr. step towards ensuring that 80 percent In April of 2011, the Deepwater Hori- of the BP Clean Water Act fines will be Chairman, I would like to yield 45 sec- zon rig exploded, killing 11 workers and onds to the gentleman from Mississippi dedicated to help Gulf Coast States, starting the worst oil spill in U.S. his- and especially our fragile ecosystems (Mr. PALAZZO). tory. Mr. PALAZZO. I thank my colleague along coastal Louisiana, to fully re- While the whole Nation suffered, the cover from the Deepwater Horizon dis- from Louisiana for yielding. five Gulf States were particularly hard Mr. Chairman, nearly 2 years ago, aster. hit. Each of our five States suffered dif- Just the other day, parish president the Deepwater Horizon explosion took fering damages. A moratorium was or- the lives of 11 Americans—and four of Billy Nungesser from Plaquemines Par- dered that sent U.S. jobs overseas with ish brought me these pictures that those were Mississippians—and caused the rigs that went overseas. Tourism an oil spill of epic proportions. For 86 were taken just 21⁄2 weeks ago from on some of our most pristine beaches south Plaquemines’ inner marsh where days, millions of barrels of oil gushed was lost; the shrimping and fishing in- into the waters of the Gulf of Mexico, you can still see clearly dead turtles dustries were unable to bring their and oil in the marsh. We’re going to be washed up on our beaches, and threat- catches home. ened the ecosystems and the economic dealing with these impacts for years to While the RESTORE Act will not re- come, Mr. Chairman, and we’ve seen stability of an entire region of the place the lives lost, it will ensure that country. from other disasters that the proper the five States most impacted by the way to do this is by setting aside those The road to recovery for the gulf spill get their fair share of the com- coast has been a long one, and it’s not funds to make sure that BP, the re- pensation for our damages. sponsible parties, not the Federal Gov- over. With this amendment, we take a I urge my colleagues to support this ernment, pay to restore that damage. huge step forward in making things amendment and come back to the gulf. right for those most devastated by this Ms. CASTOR of Florida. I continue to THE ASSOCIATED GENERAL spill. These fines are not taxpayer reserve the balance of my time. CONTRACTORS OF AMERICA, funds. The Federal Government, as my Arlington, VA, October 17, 2011. Mr. SCALISE. I am prepared to close, Re H.R. 3096, the Gulf Coast Restoration Act. colleague from Alabama said, should Mr. Chairman, so I would reserve and The Hon. STEVE SCALISE, not profit from the gulf coast’s pain allow the gentlelady from Florida to and suffering. House of Representatives, close. Washington, DC. At a time when Congress agrees on so Ms. CASTOR of Florida. Mr. Chair- little, this effort has broad bipartisan DEAR REPRESENTATIVE SCALISE: The Asso- man, I am very pleased to see so much ciated General Contractors of America support in both Houses of Congress, bipartisan support for legislation to de- (AGC) would like to thank you for sup- and external, too—conservation and vote 80 percent of the fines and pen- porting the recovery of the Gulf Coast region sportsmen. Many agree that restoring alties under the Clean Water Act from by introducing H.R. 3096, the Gulf Coast Res- and replenishing the gulf coast is more the BP Deepwater Horizon disaster to toration Act. This legislation will ensure than a responsible decision; it is the the Gulf of Mexico. And I reluctantly that the penalties the federal government is right thing to do. have to oppose this amendment be- owed are distributed in the best interest of the coastal communities. Ms. CASTOR of Florida. Mr. Chair- cause the amendment is entitled RE- man, I continue to reserve the balance Under current law, the penalties acquired STORE, and that is one of the pieces of from BP and other responsible parties would of my time. legislation that, on the one hand, does Mr. SCALISE. Mr. Chairman, at this go into the U.S. Treasury and the needed devote 80 percent but, on the other, is Gulf Coast restoration would receive no di- time I would like to yield 45 seconds to completely flawed; and so for that rea- rect relief from these penalties. This legisla- the gentleman from Florida (Mr. son, I’m going to have to urge everyone tion would ensure the vast majority of all SOUTHERLAND). to vote ‘‘no.’’ civil penalties paid by BP or any other re- Mr. SOUTHERLAND. I’d like to But let’s not lose momentum here. sponsible party in connection with the Deep- thank the gentleman from Louisiana Let’s redouble our efforts in this Con- water Horizon spill would be divided among for yielding. I also would like to com- gress as soon as possible to pass legis- the five Gulf Coast states most impacted by the spill. mend him on his leadership regarding lation that does devote 80 percent of AGC is encouraged this legislation would the work that we have performed on the fines and penalties to the Gulf of this bipartisan effort to really restore promote the long-term ecological and eco- Mexico. nomic recovery of the Gulf Coast region the Gulf of Mexico. The problems with the RESTORE through the funding of infrastructure The five States that were affected Act are many. It does not focus on projects, including coastal flood protection, most, their Representatives here— gulf-wide research and recovery. It directly affected by coastal wetland losses, many who have already spoken today— does not devote the kind of resources beach erosion, or the impacts of the Deep- have worked extremely hard to make to long-term monitoring in the Gulf of water Horizon oil spill. sure that the Federal Government Mexico that many other areas in Amer- Once again, thank you for your efforts to never profits from the pain and suf- ica enjoy. It potentially will duplicate address the environmental and economic im- fering of those who call the Gulf of the natural resource damage-assess- pacts of the Deepwater Horizon oil spill, by providing recovery hinds to ensure the res- Mexico and the gulf coast their home. ment billions flowing to the impacted This has been a wonderful experience toration of the natural resources in the Gulf areas. Coast region. to work across the aisle with many For those reasons, I urge a ‘‘no’’ vote. Sincerely, who understand how critical it is that I yield back the balance of my time. MARCO A. GIAMBERARDINO, we take care of the hardworking men Mr. SCALISE. Mr. Chairman, I want Senior Director, Federal and and women along the gulf coast. I just to thank the chairman of the Natural Heavy Construction Division.

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PARTNERS FOR STENNIS, sidered an individual country, would rank structure projects should come from a user- Bay St. Louis, MS, October 26, 2011. 7th in global GDP. Failure to restore the fee based source structured to ensure that Re Support for S. 1400 and H.R. 3096, the RE- Gulf Coast puts our national economy at the purchasing power of revenue sources STORE Act. risk, and with the region still recovering keeps pace with inflation and is sustainable Senate Majority Leader HARRY REID, from the effects of the oil spill, we urge you and predictable, the Chamber recognizes that 522 Hart Senate Office Bldg, Washington, DC. to move the RESTORE Act forward as quick- such an approach lacks consensus in this Speaker JOHN BOEHNER, ly as possible. Congress. H–232, U.S. Capitol, Washington, DC. In fact, NASA’s Stennis Space Center on Therefore, the Chamber believes it would be appropriate for Congress to employ gen- Majority Leader ERIC CANTOR, the Mississippi Gulf Coast is a federal city eral fund resources, including spending re- H–329, U.S. Capitol, Washington, DC. uniquely suited to host coastal restoration ductions, rescissions of authority and other Chairman DOC HASTINGS, and recovery efforts. Many of the key federal savings measures, to move forward with a Committee on Natural Resources, Washington, players involved in response to the Deep- multi-year bill and the much needed policy DC. water Horizon oil spill are located at Stennis and funding certainty to the states, locals Chairman JOHN MICA, including the Naval Oceanographic Office, and the private sector provided in this legis- Committee on Transportation and Infrastruc- NOAA, EPA Gulf of Mexico Program, USGS lation. ture, Washington, DC. along with several state universities. The synergy realized from the multiagency ar- The Chamber remains very concerned with Senate Minority Leader MITCH MCCONNELL, provisions of the bill that would make 317 Russell Senate Office Building, Washington, rangement coupled with the resident technical expertise and geographic location, changes to how transit programs are funded. DC. Unfortunately, such provisions of the bill Minority Leader NANCY PELOSI, make Stennis Space Center the best choice to serve as the Headquarters to insure a would create uncertainty and put current H–204, U.S. Capitol, Washington, DC. and future public transportation invest- Minority Whip STENY HOYER, healthy and resilient Gulf of Mexico. We believe that enacting the RESTORE ments in jeopardy. We look forward to work- 1705 Longworth House Office Building, Wash- ing with the House, Senate and Administra- ington, DC. Act is vital to the environmental and economic recovery of a region still dealing with tion as the legislative process continues to Ranking Member ED MARKEY, ensure that transit is provided sustainable Committee on Natural Resources, Washington, the devastating impact of this disaster. We urge Members in the House and Senate to and dedicated long term funding levels. DC. The energy components of the legislation join our support of the RESTORE Act and Ranking Member NICK RAHALL, would create long-term jobs and help expand look forward to working with you to move Committee on Transportation and Infrastruc- long-term domestic energy security and en- this legislation forward. ture, Washington, DC. ergy production. These provisions fully re- Sincerely, DEAR SENATE MAJORITY LEADER HARRY store access to America’s offshore oil and gas TISH H. WILLIAMS, REID, SENATE MINORITY LEADER MITCH resources, a move that could provide hun- Executive Director Partners for Stennis. MCCONNELL, SPEAKER JOHN BOEHNER, MINOR- dreds of thousands of additional new jobs, ITY LEADER NANCY PELOSI, MAJORITY LEADER hundreds of billions of dollars in cumulative U.S. CHAMBER OF COMMERCE, ERIC CANTOR, MINORITY WHIP STENY HOYER, additional revenue for the government, and CONGRESSIONAL AND PUBLIC AFFAIRS, CHAIRMAN DOC HASTINGS, RANKING MEMBER several million additional barrels oil equiva- Washington, DC, February 15, 2012. ED MARKEY, CHAIRMAN JOHN MICA, AND lent per day. The legislation would establish TO THE MEMBERS OF THE HOUSE OF REP- RANKING MEMBER NICK RAHALL: The under- clear rules for the production of domestic oil RESENTATIVES: The U.S. Chamber of Com- signed organization enthusiastically support shale and would remove regulatory barriers S. 1400 and H.R. 3096, also known as the RE- merce strongly supports the transportation infrastructure reauthorization legislation that are preventing development of one of STORE Act, authored by Senator Mary Lan- America’s greatest strategic and economic drieu, Senator Thad Cochran, Senator Kay that the House has begun to consider. This package of bills, H.R. 7, H.R. 3408 and H.R. assets. Furthermore, by opening less than Bailey Hutchison, Senator Bill Nelson, Sen- three percent of the North Slope of Alaska to ator Marco Rubio, Senator Jeff Sessions, 3813, would reinvest in domestic transportation infrastructure, and would help en- environmentally responsible oil and gas ex- Senator Richard Shelby, Senator David Vit- ploration, this legislation would help pro- ter, Senator Roger Wicker, Congressman hance U.S. energy policy by expanding domestic energy production; long term reve- long the life of the Trans-Alaska Pipeline Steve Scalise, Congressman Jo Bonner, Con- System by ensuring that oil continues to gressman Jeff Miller, Congressman Steve nues from increased exploration would help ensure long term transportation funding. flow through the pipeline while creating im- Southerland, Congressman Steven Palazzo, portant jobs in Alaska and throughout the Congressman Pete Olson and other Gulf The Chamber urges you to strongly support this legislation, and urges you to oppose any country. In all, the enerv provisions of the Coast members. While we recognize that the legislation would create jobs while adding bills have minor differences, the concept of amendments that would weaken it. H.R. 7 is a responsible infrastructure in- more stability to energy supplies, a true dedicating at least 80% of BP penalties paid vestment bill that would extensively reform ‘‘win-win’’ scenario for American consumers. under the Clean Water Act to Gulf Coast The Chamber strongly supports efforts by transportation programs, would make states states to invest in the long-term health of Congress to undo President Obama’s rejec- more accountable for how federal funds are the coastal ecosystem and its economies pro- tion of the vital Keystone XL project. This spent, would speed project delivery to reduce vides targeted environmental and economic legislation would be an important step to- overall costs, would provide greater opportu- recovery to the region affected most by the wards approval of the proposed 1,600–mile nities for private sector investment, and BP Deepwater Horizon Oil Spill. Keystone XL pipeline, which would deliver does not contain earmarks. Specifically, the The penalties that will be assessed exist more than 700,000 barrels of oil per day from bill would provide for: because of damage inflicted on the Gulf Modernization and maintenance of high- Alberta, Canada, through Cushing, Okla- Coast states by the responsible parties. When way, transit and intermodal assets identified homa, to Gulf Coast refineries. The $7 billion these penalties and the Oil Spill Liability as being in the national interest; project is expected to create a more than Trust Fund were created years ago, a spill Continuing a federal role in ensuring a 20,000 jobs during the manufacturing and the magnitude of the BP Deepwater Horizon comprehensive, results-oriented approach to construction phases of the project. The pipe- Oil Spill could not have been anticipated. It safety; line would also reduce need for foreign oil only makes sense that the majority of the Focusing on freight to ensure adequate ca- imports from less stable regions of the world. fines that will be assessed should be directed pacity, reduce congestion and increase In addition, Keystone XL would provide to the Gulf Coast to help these states recover throughput at key choke points; much need supply distribution infrastructure as they deal with the long-term impacts of Supporting congestion mitigation and im- for American domestic energy producers in the oil spill. proved mobility in urban areas; the Upper Northwest/Bakken region and in It is not an exaggeration to say that our Supporting rural connectivity to major the Southwest. region’s future—economic and otherwise— economic and population centers; The Chamber strongly opposes any amend- depends on the restoration of our eco- Speeding project delivery; ment that would bar exports of petroleum systems. But even more importantly, the Consolidating and simplifying the federal that would pass through the Keystone XL Gulf Coast provides this nation with eco- program structure; pipeline, or any product refined from such nomic and energy security. Between hosting Increasing accountability for investment crude. First, such an amendment is unneces- some of the highest producing ports, a large of public funds and expanding performance sary. Virtually all of the crude that would majority of the oil and gas production in management; travel through the Keystone XL pipeline America, and many of the nation’s fisheries Supporting research and development to- would be refined at American refineries by and top tourism destinations, the Gulf Coast ward application of improved technologies; American workers. Congress should sup- and its sustainability is clearly crucial to and port—not hamper—these American energy the strength of the nation’s economy. The Enhancing opportunities for the private workers. Second, such a law would violate Gross Domestic Product (GDP) of the five sector to partner with the public sector on commitments the United States has under- states of the Gulf Coast region was almost infrastructure projects. taken as a member of the World Trade Orga- $2.4 trillion in 2009, representing 30% of the Although the Chamber believes that the nization (WTO). In fact, the United States nation’s GDP. The Gulf Coast states, if con- necessary revenues for transportation infra- recently challenged China’s export restraints

VerDate Mar 15 2010 05:37 Feb 17, 2012 Jkt 019060 PO 00000 Frm 00029 Fmt 4634 Sfmt 0634 E:\CR\FM\A16FE7.050 H16FEPT1 jbell on DSK7SPTVN1PROD with HOUSE H834 CONGRESSIONAL RECORD — HOUSE February 16, 2012 on certain raw materials at the WTO, and with the impacts of the Deepwater Horizon efit at least 140 firms with 400 employees in the United States won a clear victory in the oil spill—restoration in the Gulf is essential. thirty-seven states. case. Restricting the re-export of crude or re- The Scalise amendment would dedicate pen- Recent news reports indicate that BP and fined product from Keystone XL would vio- alty money from the oil spill to a trust fund, the federal government are likely to settle late the same WTO rules. subject to further legislation directing the litigation addressing the 2010 Gulf oil spill. If The U.S. has just begun reversing a two- expenditure of these funds. Separating and Congress does not immediately take decisive decade-long decline in energy independence securing the money is an important first action before any potential settlement oc- by increasing the proportion of demand met step. curs, the economic opportunities created by by utilizing all domestic energy sources. Subsequent legislation will need to estab- RESTORE Act could be lost entirely. We America needs a comprehensive energy pol- lish an effective governance structure which urge you to take immediate steps to pass the icy that takes advantage of all domestic en- will dedicate significant funds specifically RESTORE Act, so that the BP oil spill pen- ergy resources. The Chamber applauds the for restoration, protect vulnerable commu- alties can go where they belong: to eco- House for considering legislation that ex- nities and place appropriate limits on the system and economic recovery for the States pands production and transmission of oil and use of funds beyond ecological restoration. and communities harmed by the worst envi- natural gas in this infrastructure legislation. Further, restoration funds will be subjected ronmental disaster in U.S. history. At the same time, we encourage the House to to appropriate operational and spending Sincerely, also focus on legislation that expands the de- roles for federal, state, and local partners. HARRY SIMMONS, velopment of all other domestic energy We look forward to working to ensure that President. sources, including coal and renewables. the implementing legislation achieves these I urge support of this amendment, The Chamber strongly opposes any amend- goals. In the meantime, please establish the trust fund that will allow the Gulf Coast to and I yield back the balance of my ment to the transportation and energy por- time. tions of this legislation that would seek to begin critical restoration. Vote YES on the Scalise amendment. The Acting CHAIR. The question is impose ‘‘Buy America’’ like provisions. Such on the amendment offered by the gen- provisions would have the unintended con- Sincerely, sequence of delaying the implementation of ENVIRONMENTAL DEFENSE tleman from Louisiana (Mr. SCALISE). job-creating projects and greatly diminish FUND. The amendment was agreed to. competition and efficiency in the con- NATIONAL AUDUBON Mr. HASTINGS of Washington. Mr. tracting process. The direct result would be SOCIETY. Chairman, I move that the Committee delayed projects, fewer projects funded, and NATIONAL WILDLIFE do now rise. fewer Americans put back to work. The FEDERATION. The motion was agreed to. United States already imposes significant THE NATURE CONSERVANCY. Accordingly, the Committee rose; ‘‘Buy America’’ requirements at the federal LAKE PONTCHARTRAIN and the Speaker pro tempore (Mr. BASIN FOUNDATION. level that restrict access to procurement DENHAM) having assumed the chair, Mr. markets for countries that have not opened OXFAM AMERICA. COALITION TO RESTORE WOODALL, Acting Chair of the Com- their procurement markets to our exporters, mittee of the Whole House on the state in accordance with the multilateral Govern- COASTAL LOUISIANA. ment Procurement Agreement. There is no of the Union, reported that that Com- need to expand ‘‘Buy America’’ provisions— THE AMERICAN SHORE AND BEACH mittee, having had under consideration doing so would be highly counterproductive, PRESERVATION ASSOCIATION, the bill (H.R. 3408) to set clear rules for particularly for industry sectors hard hit by Caswell Beach, NC, February 16, 2012. the development of United States oil the recession. Hon. JOHN A. BOEHNER, shale resources, to promote shale tech- Speaker, House of Representatives, Additionally, the Chamber supports an nology research and development, and amendment offered by Rep. Scalise, which is Washington, DC. Hon. NANCY PELOSI, for other purposes, had come to no res- based on the bipartisan RESTORE Act. This olution thereon. amendment would provide much needed Minority Leader, House of Representatives, funding to economic and ecosystem restora- Washington, DC. f DEAR SPEAKER BOEHNER AND MINORITY tion efforts in the Gulf Coast solely through LEADER PELOSI: The American Shore and CONFERENCE REPORT ON H.R. 3630, the dedication of Clean Water Act penalties Beach Preservation Association (ASBPA) is MIDDLE CLASS TAX RELIEF AND collected from the parties responsible for the composed of elected officials from coastal Deepwater Horizon oil spill. JOB CREATION ACT OF 2012 communities throughout the nation, as well The U.S. Chamber of Commerce, the Mr. CAMP submitted the following as a large contingent of coastal engineers, world’s largest business federation rep- researchers, scientists, and regulators. To- conference report and statement on the resenting the interests of more than three gether, we are committed to promoting the bill (H.R. 3630) to provide incentives for million members and organizations of every health of our country’s coastal resources, the creation of jobs, and for other size, sector, and region, strongly supports which play a critical role in perpetuating a purposes: H.R. 7, H.R. 3408 and H.R. 3813. The Chamber robust economy, job creation, and environ- will consider including votes on, or in rela- CONFERENCE REPORT (H. REPT. 112–399) mental well-being. On behalf of our mem- tion to, this legislation in our annual How The committee of conference on the dis- bers, I ask that you support the timely pas- They Voted scorecard. agreeing votes of the two Houses on the sage of the RESTORE the Gulf Coast States Sincerely, amendments of the Senate to the bill (H.R. Act (H.R. 3096). R. BRUCE JOSTEN. 3630), to provide incentives for the creation By allocating eighty percent of the Clean of jobs, and for other purposes, having met, Water Act penalties to the five Gulf Coast To: Member of Congress. after full and free conference, have agreed to States, the RESTORE Act creates an essen- recommend and do recommend to their re- From: Environmental Defense Fund, Na- tial framework to manage and finance the tional Audubon Society, National Wild- spective Houses as follows: economic and ecological recovery for years That the House recede from its disagree- life Federation, The Nature Conservancy, to come. Many communities and businesses Oxfam America, Coalition to Restore ment to the amendment of the Senate to the are still struggling nearly two years after text of the bill and agree to the same with an Coastal Louisiana, Lake Pontchartrain the spill began and experts fear that the Basin Foundation. amendment as follows: total damage from the spill will not be In lieu of the matter proposed to be in- Date: February 16, 2012. known for at least a decade. Like the rest of serted by the Senate amendment, insert the Re Urgent information regarding Gulf Coast our nation’s coastline, the Gulf Coast is com- following: Restoration. prised of vibrant and productive commu- SECTION 1. SHORT TITLE; TABLE OF CONTENTS. DEAR MEMBER OF CONGRESS: A very impor- nities, as well as sensitive ecosystems that (a) SHORT TITLE.—This Act may be cited as tant vote is scheduled this afternoon that have been severely damaged. We believe that the ‘‘Middle Class Tax Relief and Job Creation could begin critical restoration needed on this bill balances both the ecological and Act of 2012’’. the Gulf Coast. Reps. Scalise (R-La.) Rich- economic interests of comprehensive res- (b) TABLE OF CONTENTS.—The table of con- mond (D-La.), Bonner (R-Ala.), Miller (R- toration. tents for this Act is as follows: Fla.), Palazzo (R-Miss.), Olson (R-TX) and ASBPA recognizes that the RESTORE Act Sec. 1. Short title; table of contents. Southerland (R-Fla.) will introduce an does not affect collected tax dollars because TITLE I—EXTENSION OF PAYROLL TAX amendment that sets aside Deepwater Hori- the Act will only use fines paid by BP and REDUCTION zon penalty money that is necessary for re- other responsible parties. We do not think storing the Gulf Coast’s fragile and damaged that the federal government should profit off Sec. 1001. Extension of payroll tax reduc- ecosystems. We urge you to vote YES on this of the suffering of the Gulf Coast region, es- tion. amendment. pecially when many communities and busi- TITLE II—UNEMPLOYMENT BENEFIT Gulf Coast ecologies are unique and sup- nesses are not yet back on their feet. A re- CONTINUATION AND PROGRAM IM- port a wide range of valuable economic ac- cent study by Duke University shows that PROVEMENT tivities. After decades of damage—coupled the funds from the RESTORE Act will ben- Sec. 2001. Short title.

VerDate Mar 15 2010 04:35 Feb 17, 2012 Jkt 019060 PO 00000 Frm 00030 Fmt 4634 Sfmt 0655 E:\CR\FM\A16FE7.053 H16FEPT1 jbell on DSK7SPTVN1PROD with HOUSE February 16, 2012 CONGRESSIONAL RECORD — HOUSE H835 Subtitle A—Reforms of Unemployment Com- Sec. 3202. Rebase Medicare clinical labora- Sec. 6404. Certain conditions on auction par- pensation to Promote Work and Job Cre- tory payment rates. ticipation prohibited. ation Sec. 3203. Rebasing State DSH allotments Sec. 6405. Extension of auction authority. Sec. 2101. Consistent job search require- for fiscal year 2021. Sec. 6406. Unlicensed use in the 5 GHz band. ments. Sec. 3204. Technical correction to the dis- Sec. 6407. Guard bands and unlicensed use. Sec. 2102. State flexibility to promote the aster recovery FMAP provision. Sec. 6408. Study on receiver performance reemployment of unemployed Sec. 3205. Prevention and Public Health and spectrum efficiency. workers. Fund. Sec. 6409. Wireless facilities deployment. Sec. 2103. Improving program integrity by TITLE IV—TANF EXTENSION Sec. 6410. Functional responsibility of NTIA better recovery of overpay- to ensure efficient use of spec- Sec. 4001. Short title. trum. ments. Sec. 4002. Extension of program. Sec. 2104. Data exchange standardization for Sec. 6411. System certification. Sec. 4003. Data exchange standardization for Sec. 6412. Deployment of 11 GHz, 18 GHz, and improved interoperability. improved interoperability. Sec. 2105. Drug testing of applicants. 23 GHz microwave bands. Sec. 4004. Spending policies for assistance Sec. 6413. Public Safety Trust Fund. Subtitle B—Provisions Relating To Extended under State TANF programs. Sec. 6414. Study on emergency communica- Benefits Sec. 4005. Technical corrections. tions by amateur radio and im- Sec. 2121. Short title. TITLE V—FEDERAL EMPLOYEES pediments to amateur radio Sec. 2122. Extension and modification of RETIREMENT communications. emergency unemployment com- Sec. 5001. Increase in contributions to Fed- Subtitle E—Next Generation 9–1–1 pensation program. eral Employees’ Retirement Advancement Act of 2012 Sec. 2123. Temporary extension of extended System for new employees. Sec. 6501. Short title. benefit provisions. Sec. 5002. Foreign Service Pension System. Sec. 2124. Additional extended unemploy- Sec. 6502. Definitions. Sec. 5003. Central Intelligence Agency Re- Sec. 6503. Coordination of 9–1–1 implementa- ment benefits under the Rail- tirement and Disability Sys- tion. road Unemployment Insurance tem. Sec. 6504. Requirements for multi-line tele- Act. TITLE VI—PUBLIC SAFETY COMMUNICA- phone systems. Subtitle C—Improving Reemployment Strat- TIONS AND ELECTROMAGNETIC SPEC- Sec. 6505. GAO study of State and local use egies Under the Emergency Unemployment TRUM AUCTIONS of 9–1–1 service charges. Compensation Program Sec. 6001. Definitions. Sec. 6506. Parity of protection for provision Sec. 2141. Improved work search for the Sec. 6002. Rule of construction. or use of Next Generation 9–1–1 long-term unemployed. Sec. 6003. Enforcement. services. Sec. 2142. Reemployment services and reem- Sec. 6004. National security restrictions on Sec. 6507. Commission proceeding on ployment and eligibility assess- use of funds and auction par- autodialing. ment activities. ticipation. Sec. 6508. Report on costs for requirements Sec. 2143. Promoting program integrity and specifications of Next Gen- through better recovery of Subtitle A—Reallocation of Public Safety eration 9–1–1 services. overpayments. Spectrum Sec. 6509. Commission recommendations for Sec. 2144. Restore State flexibility to im- Sec. 6101. Reallocation of D block to public legal and statutory framework prove unemployment program safety. for Next Generation 9–1–1 serv- solvency. Sec. 6102. Flexible use of narrowband spec- ices. Subtitle D—Short-Time Compensation trum. Subtitle F—Telecommunications Program Sec. 6103. 470–512 MHz public safety spec- Development Fund trum. Sec. 2160. Short title. Sec. 6601. No additional Federal funds. Sec. 2161. Treatment of short-time com- Subtitle B—Governance of Public Safety Sec. 6602. Independence of the Fund. Spectrum pensation programs. Subtitle G—Federal Spectrum Relocation Sec. 6201. Single public safety wireless net- Sec. 2162. Temporary financing of short- Sec. 6701. Relocation of and spectrum shar- work licensee. time compensation payments in ing by Federal Government sta- Sec. 6202. Public safety broadband network. States with programs in law. tions. Sec. 6203. Public Safety Interoperability Sec. 2163. Temporary financing of short- Sec. 6702. Spectrum Relocation Fund. Board. time compensation agreements. Sec. 6703. National security and other sen- Sec. 6204. Establishment of the First Re- Sec. 2164. Grants for short-time compensa- sitive information. tion programs. sponder Network Authority. Sec. 2165. Assistance and guidance in imple- Sec. 6205. Advisory committees of the First TITLE VII—MISCELLANEOUS menting programs. Responder Network Authority. PROVISIONS Sec. 2166. Reports. Sec. 6206. Powers, duties, and responsibil- Sec. 7001. Repeal of certain shifts in the tim- Subtitle E—Self-Employment Assistance ities of the First Responder ing of corporate estimated tax Network Authority. payments. Sec. 2181. State administration of self-em- Sec. 6207. Initial funding for the First Re- Sec. 7002. Repeal of requirement relating to ployment assistance programs. sponder Network Authority. time for remitting certain mer- Sec. 2182. Grants for self-employment assist- Sec. 6208. Permanent self-funding; duty to chandise processing fees. ance programs. assess and collect fees for net- Sec. 7003. Treatment for PAYGO purposes. Sec. 2183. Assistance and guidance in imple- work use. menting self-employment as- TITLE I—EXTENSION OF PAYROLL TAX Sec. 6209. Audit and report. sistance programs. REDUCTION Sec. 6210. Annual report to Congress. Sec. 2184. Definitions. SEC. 1001. EXTENSION OF PAYROLL TAX REDUC- Sec. 6211. Public safety roaming and priority TION. TITLE III—MEDICARE AND OTHER access. HEALTH PROVISIONS (a) IN GENERAL.—Subsection (c) of section 601 Sec. 6212. Prohibition on direct offering of of the Tax Relief, Unemployment Insurance Re- Subtitle A—Medicare Extensions commercial telecommuni- authorization, and Job Creation Act of 2010 (26 Sec. 3001. Extension of MMA section 508 re- cations service directly to con- U.S.C. 1401 note) is amended to read as follows: classifications. sumers. ‘‘(c) PAYROLL TAX HOLIDAY PERIOD.—The Sec. 3002. Extension of outpatient hold Sec. 6213. Provision of technical assistance. term ‘payroll tax holiday period’ means cal- harmless payments. Subtitle C—Public Safety Commitments endar years 2011 and 2012.’’. Sec. 3003. Physician payment update. Sec. 6301. State and Local Implementation (b) CONFORMING AMENDMENTS.—Section 601 of Sec. 3004. Work geographic adjustment. Fund. such Act (26 U.S.C. 1401 note) is amended by Sec. 3005. Payment for outpatient therapy Sec. 6302. State and local implementation. striking subsections (f) and (g). services. Sec. 6303. Public safety wireless communica- (c) EFFECTIVE DATE.—The amendments made Sec. 3006. Payment for technical component tions research and develop- by this section shall apply to remuneration re- of certain physician pathology ment. ceived, and taxable years beginning, after De- services. cember 31, 2011. Sec. 3007. Ambulance add-on payments. Subtitle D—Spectrum Auction Authority TITLE II—UNEMPLOYMENT BENEFIT CON- Subtitle B—Other Health Provisions Sec. 6401. Deadlines for auction of certain spectrum. TINUATION AND PROGRAM IMPROVE- Sec. 3101. Qualifying individual program. Sec. 6402. General authority for incentive MENT Sec. 3102. Transitional medical assistance. auctions. SEC. 2001. SHORT TITLE. Subtitle C—Health Offsets Sec. 6403. Special requirements for incentive This title may be cited as the ‘‘Extended Bene- Sec. 3201. Reduction of bad debt treated as auction of broadcast TV spec- fits, Reemployment, and Program Integrity Im- an allowable cost. trum. provement Act’’.

VerDate Mar 15 2010 04:35 Feb 17, 2012 Jkt 019060 PO 00000 Frm 00031 Fmt 4634 Sfmt 6333 E:\CR\FM\A16FE7.005 H16FEPT1 jbell on DSK7SPTVN1PROD with HOUSE H836 CONGRESSIONAL RECORD — HOUSE February 16, 2012 Subtitle A—Reforms of Unemployment Com- essary to enable the State to carry out a dem- ‘‘(A) interoperable standards developed and pensation to Promote Work and Job Cre- onstration project under this section. maintained by an international voluntary con- ation ‘‘(d) A demonstration project under this sec- sensus standards body, as defined by the Office SEC. 2101. CONSISTENT JOB SEARCH REQUIRE- tion— of Management and Budget, such as the Inter- MENTS. ‘‘(1) may be commenced any time after the national Organization for Standardization; (a) IN GENERAL.—Section 303(a) of the Social date of enactment of this section; ‘‘(B) interoperable standards developed and ‘‘(2) may not be approved for a period of time Security Act is amended by adding at the end maintained by intergovernmental partnerships, greater than 3 years; and the following: such as the National Information Exchange ‘‘(3) must be completed by not later than De- ‘‘(12) A requirement that, as a condition of eli- Model; and cember 31, 2015. ‘‘(C) interoperable standards developed and gibility for regular compensation for any week, ‘‘(e) Activities that may be pursued under a maintained by Federal entities with authority a claimant must be able to work, available to demonstration project under this section are lim- over contracting and financial assistance, such work, and actively seeking work.’’. ited to— as the Federal Acquisition Regulations Council. (b) EFFECTIVE DATE.—The amendment made ‘‘(1) subsidies for employer-provided training, by subsection (a) shall apply to weeks beginning ‘‘Data Exchange Standards for Reporting such as wage subsidies; and ‘‘(b)(1) The Secretary of Labor, in consulta- after the end of the first session of the State leg- ‘‘(2) direct disbursements to employers who tion with an interagency work group established islature which begins after the date of enact- hire individuals receiving unemployment com- by the Office of Management and Budget, and ment of this Act. pensation, not to exceed the weekly benefit considering State and employer perspectives, SEC. 2102. STATE FLEXIBILITY TO PROMOTE THE amount for each such individual, to pay part of REEMPLOYMENT OF UNEMPLOYED shall, by rule, designate data exchange stand- the cost of wages that exceed the unemployed ards to govern the reporting required under title WORKERS. individual’s prior benefit level. Title III of the Social Security Act (42 U.S.C. III, title XII, or this title. ‘‘(f) The Secretary of Labor shall, in the case ‘‘(2) The data exchange standards required by 501 and following) is amended by adding at the of any State for which an application is sub- end the following: paragraph (1) shall, to the extent practicable— mitted under subsection (b)— ‘‘(A) incorporate a widely accepted, non- ‘‘DEMONSTRATION PROJECTS ‘‘(1) notify the State as to whether such appli- proprietary, searchable, computer-readable for- ‘‘SEC. 305. (a) The Secretary of Labor may cation has been approved or denied within 30 mat; enter into agreements, with up to 10 States that days after receipt of a complete application; and ‘‘(B) be consistent with and implement appli- submit an application described in subsection ‘‘(2) provide public notice of the decision with- cable accounting principles; and (b), for the purpose of allowing such States to in 10 days after providing notification to the ‘‘(C) be capable of being continually upgraded conduct demonstration projects to test and State in accordance with paragraph (1). as necessary. evaluate measures designed— Public notice under paragraph (2) may be pro- ‘‘(3) In designating reporting standards under ‘‘(1) to expedite the reemployment of individ- vided through the Internet or other appropriate this subsection, the Secretary of Labor shall, to uals who have established a benefit year and means. Any application under this section that the extent practicable, incorporate existing non- are otherwise eligible to claim unemployment has not been denied within the 30-day period proprietary standards, such as the eXtensible compensation under the State law of such State; described in paragraph (1) shall be deemed ap- Markup Language.’’. or proved, and public notice of any approval under (b) EFFECTIVE DATES.— ‘‘(2) to improve the effectiveness of a State in this sentence shall be provided within 10 days (1) DATA EXCHANGE STANDARDS.—The Sec- carrying out its State law with respect to reem- thereafter. retary of Labor shall issue a proposed rule ployment. ‘‘(g) The Secretary of Labor may terminate a under section 911(a)(1) of the Social Security ‘‘(b) The Governor of any State desiring to demonstration project under this section if the Act (as added by subsection (a)) within 12 conduct a demonstration project under this sec- Secretary determines that the State has violated months after the date of the enactment of this tion shall submit an application to the Secretary the substantive terms or conditions of the section, and shall issue a final rule under such of Labor. Any such application shall include— project. section 911(a)(1), after public comment, within ‘‘(1) a general description of the proposed ‘‘(h) Funding certified under section 302(a) 24 months after such date of enactment. (2) DATA REPORTING STANDARDS.—The report- demonstration project, including the authority may be used for an approved demonstration ing standards required under section 911(b)(1) of (under the laws of the State) for the measures to project.’’. such Act (as so added) shall become effective be tested, as well as the period of time during SEC. 2103. IMPROVING PROGRAM INTEGRITY BY with respect to reports required in the first re- which such demonstration project would be con- BETTER RECOVERY OF OVERPAY- porting period, after the effective date of the ducted; MENTS. final rule referred to in paragraph (1) of this ‘‘(2) if a waiver under subsection (c) is re- (a) USE OF UNEMPLOYMENT COMPENSATION TO subsection, for which the authority for data col- quested, a statement describing the specific as- REPAY OVERPAYMENTS.—Section 3304(a)(4)(D) of lection and reporting is established or renewed pects of the project to which the waiver would the Internal Revenue Code of 1986 and section under the Paperwork Reduction Act. apply and the reasons why such waiver is need- 303(g)(1) of the Social Security Act are each ed; amended by striking ‘‘may’’ and inserting SEC. 2105. DRUG TESTING OF APPLICANTS. Section 303 of the Social Security Act is ‘‘(3) a description of the goals and the ex- ‘‘shall’’. (b) USE OF UNEMPLOYMENT COMPENSATION TO amended by adding at the end the following: pected programmatic outcomes of the demonstra- ‘‘(l)(1) Nothing in this Act or any other provi- tion project, including how the project would REPAY FEDERAL ADDITIONAL COMPENSATION OVERPAYMENTS.—Section 303(g)(3) of the Social sion of Federal law shall be considered to pre- contribute to the objective described in sub- vent a State from enacting legislation to provide section (a)(1), subsection (a)(2), or both; Security Act is amended by inserting ‘‘Federal additional compensation,’’ after ‘‘trade adjust- for— ‘‘(4) assurances (accompanied by supporting ‘‘(A) testing an applicant for unemployment ment allowances,’’. analysis) that the demonstration project would compensation for the unlawful use of controlled (c) EFFECTIVE DATE.—The amendments made operate for a period of at least 1 calendar year substances as a condition for receiving such and not result in any increased net costs to the by this section shall apply to weeks beginning after the end of the first session of the State leg- compensation, if such applicant— State’s account in the Unemployment Trust ‘‘(i) was terminated from employment with the islature which begins after the date of enact- Fund; applicant’s most recent employer (as defined ment of this Act. ‘‘(5) a description of the manner in which the under the State law) because of the unlawful State— SEC. 2104. DATA EXCHANGE STANDARDIZATION use of controlled substances; or ‘‘(A) will conduct an impact evaluation, using FOR IMPROVED INTEROPERABILITY. ‘‘(ii) is an individual for whom suitable work a methodology appropriate to determine the ef- (a) IN GENERAL.—Title IX of the Social Secu- (as defined under the State law) is only avail- fects of the demonstration project, including on rity Act is amended by adding at the end the able in an occupation that regularly conducts individual skill levels, earnings, and employ- following: drug testing (as determined under regulations ment retention; and ‘‘DATA EXCHANGE STANDARDIZATION FOR issued by the Secretary of Labor); or ‘‘(B) will determine the extent to which the IMPROVED INTEROPERABILITY ‘‘(B) denying such compensation to such ap- goals and outcomes described in paragraph (3) ‘‘Data Exchange Standards plicant on the basis of the result of the testing were achieved; ‘‘SEC. 911. (a)(1) The Secretary of Labor, in conducted by the State under legislation de- ‘‘(6) assurances that the State will provide consultation with an interagency work group scribed in subparagraph (A). any reports relating to the demonstration which shall be established by the Office of Man- ‘‘(2) For purposes of this subsection— project, after its approval, as the Secretary of agement and Budget, and considering State and ‘‘(A) the term ‘unemployment compensation’ Labor may require; and employer perspectives, shall, by rule, designate has the meaning given such term in subsection ‘‘(7) assurances that employment meets the a data exchange standard for any category of (d)(2)(A); and ‘‘(B) the term ‘controlled substance’ has the State’s suitable work requirement and the re- information required under title III, title XII, or meaning given such term in section 102 of the quirements of section 3304(a)(5) of the Internal this title. Revenue Code of 1986. ‘‘(2) Data exchange standards designated Controlled Substances Act (21 U.S.C. 802).’’. ‘‘(c) The Secretary of Labor may waive any of under paragraph (1) shall, to the extent prac- Subtitle B—Provisions Relating To Extended the requirements of section 3304(a)(4) of the In- ticable, be nonproprietary and interoperable. Benefits ternal Revenue Code of 1986 or of paragraph (1) ‘‘(3) In designating data exchange standards SEC. 2121. SHORT TITLE. or (5) of section 303(a), to the extent and for the under this subsection, the Secretary of Labor This subtitle may be cited as the ‘‘Unemploy- period the Secretary of Labor considers nec- shall, to the extent practicable, incorporate— ment Benefits Extension Act of 2012’’.

VerDate Mar 15 2010 04:35 Feb 17, 2012 Jkt 019060 PO 00000 Frm 00032 Fmt 4634 Sfmt 6333 E:\CR\FM\A16FE7.005 H16FEPT1 jbell on DSK7SPTVN1PROD with HOUSE February 16, 2012 CONGRESSIONAL RECORD — HOUSE H837 SEC. 2122. EXTENSION AND MODIFICATION OF (A) in paragraph (2)(A), by striking ‘‘under date of enactment of this paragraph) and any EMERGENCY UNEMPLOYMENT COM- such Act’’ and inserting ‘‘under the Federal- further amounts added as a result of the enact- PENSATION PROGRAM. State Extended Unemployment Compensation ment of this clause, to exceed the total amount (a) EXTENSION.—Section 4007 of the Supple- Act of 1970’’; allowable under subclause (I) or (II), as the case mental Appropriations Act, 2008 (Public Law (B) in paragraph (2)(B)(ii)(I), by striking the may be. 110–252; 26 U.S.C. 3304 note) is amended— matter after ‘‘substituting’’ and before ‘‘in para- ‘‘(ii) LIMITATION.—Notwithstanding any other (1) in subsection (a)— graph (1)(A)(i) thereof’’ and inserting ‘‘the ap- provision of this title, the amounts added to the (A) by striking ‘‘Except as provided in sub- plicable percentage under paragraph (3) for ‘6.5 account of an individual under this subpara- section (b), an’’ and inserting ‘‘An’’; and percent’ ’’; graph may not cause the sum of the amounts (B) by striking ‘‘March 6, 2012’’ and inserting (C) by redesignating paragraph (3) as para- previously established in or added to such ac- ‘‘January 2, 2013’’; and graph (4); and count, plus any weeks of extended benefits pro- (2) by striking subsection (b) and inserting the (D) by inserting after paragraph (2) the fol- vided to such individual under the Federal- following: lowing: State Extended Unemployment Compensation ‘‘(b) TERMINATION.—No compensation under this title shall be payable for any week subse- ‘‘(3) APPLICABLE PERCENTAGE.—The applica- Act of 1970 (based on the same exhaustion of quent to the last week described in subsection ble percentage under this paragraph is, for pur- regular compensation under section 4001(b)(1)), (a).’’. poses of determining if a State is in an extended to in the aggregate exceed the lesser of— ‘‘(I) 282 percent of the total amount of regular (b) MODIFICATIONS RELATING TO TRIGGERS.— benefit period as of a date occurring in a week (1) FOR SECOND-TIER EMERGENCY UNEMPLOY- ending— compensation (including dependents’ allow- MENT COMPENSATION.—Section 4002(c) of such ‘‘(A) before June 1, 2012, 8.5 percent; and ances) payable to the individual during the in- Act is amended— ‘‘(B) after the last week under subparagraph dividual’s benefit year under the State law; or (A) in the subsection heading, by striking (A), 9 percent.’’. ‘‘(II) 73 times the individual’s average weekly ‘‘SPECIAL RULE’’ and inserting ‘‘SECOND-TIER (c) MODIFICATIONS RELATING TO WEEKS OF benefit amount (as determined under subsection EMERGENCY UNEMPLOYMENT COMPENSATION’’; EMERGENCY UNEMPLOYMENT COMPENSATION.— (b)(3)) for the benefit year. (B) in paragraph (1), by striking ‘‘At’’ and all (1) NUMBER OF WEEKS IN FIRST TIER BEGINNING ‘‘(B) AFTER AUGUST OF 2012.—Notwithstanding that follows through ‘‘augmented by an AFTER SEPTEMBER 2, 2012.—Section 4002(b) of any provision of paragraph (1), if augmentation amount’’ and inserting ‘‘If, at the time that the such Act is amended— under this subsection occurs as of a week ending amount established in an individual’s account (A) by redesignating paragraph (2) as para- after September 2, 2012— under subsection (b) is exhausted or at any time graph (3); and ‘‘(i) paragraph (1)(A) shall be applied by sub- thereafter, such individual’s State is in an ex- (B) by inserting after paragraph (1) the fol- stituting ‘39 percent’ for ‘24 percent’; and tended benefit period (as determined under lowing: ‘‘(ii) paragraph (1)(B) shall be applied by subparagraph (2)), such account shall be aug- ‘‘(2) SPECIAL RULE RELATING TO AMOUNTS ES- stituting ‘10 times’ for ‘6 times’.’’. (d) ORDER OF PAYMENTS REQUIREMENT.— mented by an amount (hereinafter ‘second-tier TABLISHED IN AN ACCOUNT AS OF A WEEK ENDING (1) IN GENERAL.—Section 4001(e) of such Act is emergency unemployment compensation’)’’; AFTER SEPTEMBER 2, 2012.—Notwithstanding any amended to read as follows: (C) by redesignating paragraph (2) as para- provision of paragraph (1), in the case of any ‘‘(e) COORDINATION RULE.—An agreement graph (4); and account established as of a week ending after under this section shall apply with respect to a (D) by inserting after paragraph (1) the fol- September 2, 2012— State only upon a determination by the Sec- lowing: ‘‘(A) paragraph (1)(A) shall be applied by sub- retary that, under the State law or other appli- ‘‘(2) EXTENDED BENEFIT PERIOD.—For pur- stituting ‘54 percent’ for ‘80 percent’; and poses of paragraph (1), a State shall be consid- ‘‘(B) paragraph (1)(B) shall be applied by sub- cable rules of such State, the payment of ex- ered to be in an extended benefit period, as of stituting ‘14 weeks’ for ‘20 weeks’.’’. tended compensation for which an individual is any given time, if such a period would then be (2) NUMBER OF WEEKS IN THIRD TIER BEGIN- otherwise eligible must be deferred until after in effect for such State under such Act if— NING AFTER SEPTEMBER 2, 2012.—Section 4002(d) the payment of any emergency unemployment ‘‘(A) section 203(f) of the Federal-State Ex- of such Act is amended by adding after para- compensation under section 4002, as amended by tended Unemployment Compensation Act of 1970 graph (4) (as so redesignated by subsection the Unemployment Benefits Extension Act of were applied to such State (regardless of wheth- (b)(2)(C)) the following: 2012, for which the individual is concurrently el- er the State by law had provided for such appli- ‘‘(5) SPECIAL RULE RELATING TO AMOUNTS igible.’’. ECHNICAL AND CONFORMING AMEND cation); and ADDED TO AN ACCOUNT AS OF A WEEK ENDING (2) T - MENTS ‘‘(B) such section 203(f)— AFTER SEPTEMBER 2, 2012.—Notwithstanding any .—Section 4001(b)(2) of such Act is amend- ‘‘(i) were applied by substituting the applica- provision of paragraph (1), if augmentation ed— ble percentage under paragraph (3) for ‘6.5 per- under this subsection occurs as of a week ending (A) by striking ‘‘or extended compensation’’; cent’ in paragraph (1)(A)(i) thereof; and after September 2, 2012— and (B) by striking ‘‘law (except as provided under ‘‘(ii) did not include the requirement under ‘‘(A) paragraph (1)(A) shall be applied by sub- subsection (e));’’ and inserting ‘‘law;’’. paragraph (1)(A)(ii) thereof. stituting ‘35 percent’ for ‘50 percent’; and (e) FUNDING.—Section 4004(e)(1) of such Act is ‘‘(3) APPLICABLE PERCENTAGE.—The applica- ‘‘(B) paragraph (1)(B) shall be applied by sub- amended— ble percentage under this paragraph is, for pur- stituting ‘9 times’ for ‘13 times’.’’. (1) in subparagraph (G), by striking ‘‘and’’ at poses of determining if a State is in an extended (3) NUMBER OF WEEKS IN FOURTH TIER.—Sec- the end; and benefit period as of a date occurring in a week tion 4002(e) of such Act is amended by adding (2) by inserting after subparagraph (H) the ending— after paragraph (4) (as so redesignated by sub- ‘‘(A) before June 1, 2012, 0 percent; and following: section (b)(3)(C)) the following: ‘‘(I) the amendments made by section 2122 of ‘‘(B) after the last week under subparagraph ‘‘(5) SPECIAL RULES RELATING TO AMOUNTS (A), 6 percent.’’. the Unemployment Benefits Extension Act of ADDED TO AN ACCOUNT.— 2012; and’’. (2) FOR THIRD-TIER EMERGENCY UNEMPLOY- ‘‘(A) MARCH TO MAY OF 2012.— MENT COMPENSATION.—Section 4002(d) of such (f) EFFECTIVE DATES.— ‘‘(i) SPECIAL RULE.—Notwithstanding any (1) IN GENERAL.—The amendments made by Act is amended— provision of paragraph (1) but subject to the fol- (A) in paragraph (2)(A), by striking ‘‘under subsections (b), (c), and (d) shall take effect as lowing 2 sentences, if augmentation under this of February 28, 2012, and shall apply with re- such Act’’ and inserting ‘‘under the Federal- subsection occurs as of a week ending after the State Extended Unemployment Compensation spect to weeks of unemployment beginning after date of enactment of this paragraph and before that date. Act of 1970’’; June 1, 2012 (or if, as of such date of enactment, (B) in paragraph (2)(B)(ii)(I), by striking the (2) WEEK DEFINED.—For purposes of this sub- any fourth-tier amounts remain in the individ- matter after ‘‘substituting’’ and before ‘‘in para- section, the term ‘‘week’’ has the meaning given ual’s account)— graph (1)(A)(i) thereof’’ and inserting ‘‘the ap- such term under section 4006 of the Supple- ‘‘(I) paragraph (1)(A) shall be applied by sub- plicable percentage under paragraph (3) for ‘6.5 mental Appropriations Act, 2008. stituting ‘62 percent’ for ‘24 percent’; and percent’ ’’; SEC. 2123. TEMPORARY EXTENSION OF EX- ‘‘(II) paragraph (1)(B) shall be applied by (C) by redesignating paragraph (3) as para- TENDED BENEFIT PROVISIONS. substituting ‘16 times’ for ‘6 times’. graph (4); and (a) IN GENERAL.—Section 2005 of the Assist- (D) by inserting after paragraph (2) the fol- The preceding sentence shall apply only if, at ance for Unemployed Workers and Struggling lowing: the time that the account would be augmented Families Act, as contained in Public Law 111–5 ‘‘(3) APPLICABLE PERCENTAGE.—The applica- under this subparagraph, such individual’s (26 U.S.C. 3304 note), is amended— ble percentage under this paragraph is, for pur- State is not in an extended benefit period as de- (1) by striking ‘‘March 7, 2012’’ each place it poses of determining if a State is in an extended termined under the Federal-State Extended Un- appears and inserting ‘‘December 31, 2012’’; and benefit period as of a date occurring in a week employment Compensation Act of 1970. In no (2) in subsection (c), by striking ‘‘August 15, ending— event shall the total amount added to the ac- 2012’’ and inserting ‘‘June 30, 2013’’. ‘‘(A) before June 1, 2012, 6 percent; and count of an individual under this subparagraph (b) EXTENSION OF MATCHING FOR STATES WITH ‘‘(B) after the last week under subparagraph cause, in the case of an individual described in NO WAITING WEEK.—Section 5 of the Unemploy- (A), 7 percent.’’. the parenthetical matter in the first sentence of ment Compensation Extension Act of 2008 (Pub- (3) FOR FOURTH-TIER EMERGENCY UNEMPLOY- this clause, the sum of the total amount pre- lic Law 110–449; 26 U.S.C. 3304 note) is amended MENT COMPENSATION.—Section 4002(e) of such viously added to such individual’s account by striking ‘‘August 15, 2012’’ and inserting Act is amended— under this subsection (as in effect before the ‘‘June 30, 2013’’.

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(c) EXTENSION OF MODIFICATION OF INDICA- ‘‘(C) has maintained a record of such work tation of the reemployment services and reem- TORS UNDER THE EXTENDED BENEFIT PRO- search, including employers contacted, method ployment and eligibility assessment activities re- GRAM.—Section 203 of the Federal-State Ex- of contact, and date contacted; and quired to be provided under the amendment tended Unemployment Compensation Act of 1970 ‘‘(D) when requested, has provided such work made by subsection (a). (26 U.S.C. 3304 note) is amended— search record to the State agency. (c) FUNDING.— (1) in subsection (d), by striking ‘‘February 29, ‘‘(2) RANDOM AUDITING.—The Secretary shall (1) IN GENERAL.—Section 4004(c) of the Sup- 2012’’ and inserting ‘‘December 31, 2012’’; and establish for each State a minimum number of plemental Appropriations Act, 2008 (Public Law (2) in subsection (f)(2), by striking ‘‘February claims for which work search records must be 110–252; 26 U.S.C. 3304 note) is amended— 29, 2012’’ and inserting ‘‘December 31, 2012’’. audited on a random basis in any given week.’’. (A) by striking ‘‘STATES.—There’’ and insert- (d) EFFECTIVE DATE.—The amendments made SEC. 2142. REEMPLOYMENT SERVICES AND REEM- ing the following: ‘‘STATES.— by this section shall take effect as if included in PLOYMENT AND ELIGIBILITY AS- ‘‘(1) ADMINISTRATION.—There’’; and the enactment of the Temporary Payroll Tax SESSMENT ACTIVITIES. (B) by adding at the end the following new Cut Continuation Act of 2011 (Public Law 112- (a) PROVISION OF SERVICES AND ACTIVITIES.— paragraph: 78). Section 4001 of such Act, as amended by section ‘‘(2) REEMPLOYMENT SERVICES AND REEMPLOY- SEC. 2124. ADDITIONAL EXTENDED UNEMPLOY- 2141(b), is further amended by added at the end MENT AND ELIGIBILITY ASSESSMENT ACTIVITIES.— MENT BENEFITS UNDER THE RAIL- the following: ‘‘(A) APPROPRIATION.—There are appropriated ROAD UNEMPLOYMENT INSURANCE ‘‘(i) PROVISION OF SERVICES AND ACTIVITIES.— from the general fund of the Treasury, for the ACT. ‘‘(1) IN GENERAL.—An agreement under this period of fiscal year 2012 through fiscal year (a) EXTENSION.—Section 2(c)(2)(D)(iii) of the section shall require the following: 2013, out of the employment security administra- Railroad Unemployment Insurance Act, as ‘‘(A) The State which is party to such agree- tion account (as established by section 901(a) of added by section 2006 of the American Recovery ment shall provide reemployment services and the Social Security Act), such sums as deter- and Reinvestment Act of 2009 (Public Law 96 reemployment and eligibility assessment activi- mined by the Secretary of Labor in accordance 111–5) and as amended by section 9 of the Work- ties to each individual— with subparagraph (B) to assist States in pro- er, Homeownership, and Business Assistance ‘‘(i) who, on or after the 30th day after the viding reemployment services and reemployment Act of 2009 (Public Law 111–92), section 505 of date of enactment of the Extended Benefits, Re- and eligibility assessment activities described in the Tax Relief, Unemployment Insurance Reau- employment, and Program Integrity Improve- section 4001(h)(2). thorization, and Job Creation Act of 2010 (Pub- ment Act, begins receiving amounts described in ‘‘(B) DETERMINATION OF TOTAL AMOUNT.—The lic Law 111–312), and section 202 of the Tem- subsections (b) and (c); and amount referred to in subparagraph (A) is the porary Payroll Tax Cut Continuation Act of ‘‘(ii) while such individual continues to re- amount the Secretary of Labor estimates is 2011 (Public Law 112-78), is amended— ceive emergency unemployment compensation equal to— (1) by striking ‘‘August 31, 2011’’ and insert- under this title. ‘‘(i) the number of individuals who will re- ing ‘‘June 30, 2012’’; and ‘‘(B) As a condition of eligibility for emer- ceive reemployment services and reemployment (2) by striking ‘‘February 29, 2012’’ and insert- gency unemployment compensation for any eligibility and assessment activities described in ing ‘‘December 31, 2012’’. week— section 4001(h)(2) in all States through the date (b) CLARIFICATION ON AUTHORITY TO USE ‘‘(i) a claimant who has been duly referred to specified in section 4007(b)(3); multiplied by FUNDS.—Funds appropriated under either the reemployment services shall participate in such ‘‘(ii) $85. first or second sentence of clause (iv) of section services; and ‘‘(C) DISTRIBUTION AMONG STATES.—Of the 2(c)(2)(D) of the Railroad Unemployment Insur- ‘‘(ii) a claimant shall be actively seeking work amounts appropriated under subparagraph (A), ance Act shall be available to cover the cost of (determined applying subsection (i)). the Secretary of Labor shall distribute amounts additional extended unemployment benefits pro- ‘‘(2) DESCRIPTION OF SERVICES AND ACTIVI- to each State, in accordance with section vided under such section 2(c)(2)(D) by reason of TIES.—The reemployment services and in-person 4003(c), that the Secretary estimates is equal the amendments made by subsection (a) as well reemployment and eligibility assessment activi- to— as to cover the cost of such benefits provided ties provided to individuals receiving emergency ‘‘(i) the number of individuals who will re- under such section 2(c)(2)(D), as in effect on the unemployment compensation described in para- ceive reemployment services and reemployment day before the date of enactment of this Act. graph (1)— and eligibility assessment activities described in (c) FUNDING FOR ADMINISTRATION.—Out of ‘‘(A) shall include— section 4001(h)(2) in such State through the date any funds in the Treasury not otherwise appro- ‘‘(i) the provision of labor market and career specified in section 4007(b)(3); multiplied by priated, there are appropriated to the Railroad information; ‘‘(ii) $85.’’. Retirement Board $500,000 for administrative ex- ‘‘(ii) an assessment of the skills of the indi- (2) TRANSFER OF FUNDS.—Section 4004(e) of penses associated with the payment of addi- vidual; the Supplemental Appropriations Act, 2008 tional extended unemployment benefits provided ‘‘(iii) orientation to the services available (Public Law 110–252; 26 U.S.C. 3304 note) is under section 2(c)(2)(D) of the Railroad Unem- through the one-stop centers established under amended— ployment Insurance Act by reason of the title I of the Workforce Investment Act of 1998; (A) in paragraph (1)(G), by striking ‘‘and’’ at amendments made by subsection (a), to remain and the end; available until expended. ‘‘(iv) review of the eligibility of the individual (B) in paragraph (2), by striking the period at Subtitle C—Improving Reemployment Strate- for emergency unemployment compensation re- the end and inserting ‘‘; and’’; and gies Under the Emergency Unemployment lating to the job search activities of the indi- (C) by adding at the end the following para- Compensation Program vidual; and graph: SEC. 2141. IMPROVED WORK SEARCH FOR THE ‘‘(B) may include the provision of— ‘‘(3) to the Employment Security Administra- LONG-TERM UNEMPLOYED. ‘‘(i) comprehensive and specialized assess- tion account (as established by section 901(a) of (a) IN GENERAL.—Section 4001(b) of the Sup- ments; the Social Security Act) such sums as the Sec- plemental Appropriations Act, 2008 (Public Law ‘‘(ii) individual and group career counseling; retary of Labor determines to be necessary in 110–252; 26 U.S.C. 3304 note) is amended— ‘‘(iii) training services; accordance with subsection (c)(2) to assist States (1) by striking ‘‘and’’ at the end of paragraph ‘‘(iv) additional reemployment services; and in providing reemployment services and reem- (2); ‘‘(v) job search counseling and the develop- ployment eligibility and assessment activities de- (2) by striking the period at the end of para- ment or review of an individual reemployment scribed in section 4001(h)(2).’’. graph (3) and inserting ‘‘; and’’; and plan that includes participation in job search SEC. 2143. PROMOTING PROGRAM INTEGRITY (3) by adding at the end the following: activities and appropriate workshops. THROUGH BETTER RECOVERY OF ‘‘(4) are able to work, available to work, and ‘‘(3) PARTICIPATION REQUIREMENT.—As a con- OVERPAYMENTS. actively seeking work.’’. dition of continuing eligibility for emergency Section 4005(c)(1) of the Supplemental Appro- (b) ACTIVELY SEEKING WORK.—Section 4001 of unemployment compensation for any week, an priations Act, 2008 (Public Law 110–252; 26 such Act is amended by adding at the end the individual who has been referred to reemploy- U.S.C. 3304 note) is amended— following: ment services or reemployment and eligibility as- (1) by striking ‘‘may’’ and inserting ‘‘shall’’; ‘‘(h) ACTIVELY SEEKING WORK.— sessment activities under this subsection shall and ‘‘(1) IN GENERAL.—For purposes of subsection participate in such services or activities, unless (2) by striking ‘‘except that’’ and all that fol- (b)(4), the term ‘actively seeking work’ means, the State agency responsible for the administra- lows through ‘‘made’’ and inserting ‘‘in accord- with respect to any individual, that such indi- tion of State unemployment compensation law ance with the same procedures as apply to the vidual— determines that— recovery of overpayments of regular unemploy- ‘‘(A) is registered for employment services in ‘‘(A) such individual has completed partici- ment benefits paid by the State’’. such a manner and to such extent as prescribed pating in such services or activities; or SEC. 2144. RESTORE STATE FLEXIBILITY TO IM- by the State agency; ‘‘(B) there is justifiable cause for failure to PROVE UNEMPLOYMENT PROGRAM ‘‘(B) has engaged in an active search for em- participate or to complete participating in such SOLVENCY. ployment that is appropriate in light of the em- services or activities, as determined in accord- Subsection (g) of section 4001 of the Supple- ployment available in the labor market, the in- ance with guidance to be issued by the Sec- mental Appropriations Act, 2008 (Public Law dividual’s skills and capabilities, and includes a retary.’’. 110–252; 26 U.S.C. 3304 note) shall not apply number of employer contacts that is consistent (b) ISSUANCE OF GUIDANCE.—Not later than 30 with respect to a State that has enacted a law with the standards communicated to the indi- days after the date of enactment of this Act, the before March 1, 2012, that, upon taking effect, vidual by the State; Secretary shall issue guidance on the implemen- would violate such subsection.

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Subtitle D—Short-Time Compensation (A) the date the State changes its State law in (2) THREE-YEAR FUNDING LIMITATION FOR COM- Program order to be consistent with such amendment; or BINED PAYMENTS UNDER THIS SECTION AND SEC- SEC. 2160. SHORT TITLE. (B) the date that is 2 years and 6 months after TION 2163.—States may receive payments under This subtitle may be cited as the ‘‘Layoff Pre- the date of the enactment of this Act. this section and section 2163 with respect to a vention Act of 2012’’. (b) CONFORMING AMENDMENTS.— total of not more than 156 weeks. (1) INTERNAL REVENUE CODE OF 1986.— (c) TWO-YEAR TRANSITION PERIOD FOR EXIST- SEC. 2161. TREATMENT OF SHORT-TIME COM- (A) Subparagraph (E) of section 3304(a)(4) of ING PROGRAMS.—During any period that the PENSATION PROGRAMS. the Internal Revenue Code of 1986 is amended to (a) DEFINITION.— transition provision under section 2161(a)(3) is read as follows: (1) IN GENERAL.—Section 3306 of the Internal applicable to a State with respect to a short-time ‘‘(E) amounts may be withdrawn for the pay- compensation program, such State shall be eligi- Revenue Code of 1986 (26 U.S.C. 3306) is amendment of short-time compensation under a short- ed by adding at the end the following new sub- ble for payments under this section. Subject to time compensation program (as defined under paragraphs (1)(B) and (2) of subsection (b), if at section: section 3306(v));’’. ‘‘(v) SHORT-TIME COMPENSATION PROGRAM.— any point after the date of the enactment of this (B) Subsection (f) of section 3306 of the Inter- Act the State enacts a State law providing for For purposes of this part, the term ‘short-time nal Revenue Code of 1986 is amended— compensation program’ means a program under the payment of short-time compensation under a (i) by striking paragraph (5) (relating to short-time compensation program that meets the which— short-time compensation) and inserting the fol- ‘‘(1) the participation of an employer is vol- definition of such a program under section lowing new paragraph: 3306(v) of the Internal Revenue Code of 1986, as untary; ‘‘(5) amounts may be withdrawn for the pay- ‘‘(2) an employer reduces the number of hours added by section 2161(a), the State shall be eligi- ment of short-time compensation under a short- ble for payments under this section after the ef- worked by employees in lieu of layoffs; time compensation program (as defined in sub- ‘‘(3) such employees whose workweeks have fective date of such enactment. section (v)); and’’; and (d) FUNDING AND CERTIFICATIONS.— been reduced by at least 10 percent, and by not (ii) by redesignating paragraph (5) (relating to more than the percentage, if any, that is deter- (1) FUNDING.—There are appropriated, out of self-employment assistance program) as para- moneys in the Treasury not otherwise appro- mined by the State to be appropriate (but in no graph (6). case more than 60 percent), are not disqualified priated, such sums as may be necessary for pur- (2) SOCIAL SECURITY ACT.—Section 303(a)(5) of poses of carrying out this section. from unemployment compensation; the Social Security Act is amended by striking ‘‘(4) the amount of unemployment compensa- (2) CERTIFICATIONS.—The Secretary shall from ‘‘the payment of short-time compensation under time to time certify to the Secretary of the tion payable to any such employee is a pro rata a plan approved by the Secretary of Labor’’ and portion of the unemployment compensation Treasury for payment to each State the sums inserting ‘‘the payment of short-time compensa- payable to such State under this section. which would otherwise be payable to the em- tion under a short-time compensation program ployee if such employee were unemployed; (e) DEFINITIONS.—In this section: (as defined in section 3306(v) of the Internal (1) SECRETARY.—The term ‘‘Secretary’’ means ‘‘(5) such employees meet the availability for Revenue Code of 1986)’’. the Secretary of Labor. work and work search test requirements while (3) UNEMPLOYMENT COMPENSATION AMEND- (2) STATE; STATE AGENCY; STATE LAW.—The collecting short-time compensation benefits, by MENTS OF 1992.—Subsections (b) through (d) of terms ‘‘State’’, ‘‘State agency’’, and ‘‘State law’’ being available for their workweek as required section 401 of the Unemployment Compensation have the meanings given those terms in section by the State agency; Amendments of 1992 (26 U.S.C. 3304 note) are re- 205 of the Federal-State Extended Unemploy- ‘‘(6) eligible employees may participate, as appealed. ment Compensation Act of 1970 (26 U.S.C. 3304 propriate, in training (including employer-spon- note). sored training or worker training funded under SEC. 2162. TEMPORARY FINANCING OF SHORT- TIME COMPENSATION PAYMENTS IN the Workforce Investment Act of 1998) to en- SEC. 2163. TEMPORARY FINANCING OF SHORT- STATES WITH PROGRAMS IN LAW. TIME COMPENSATION AGREEMENTS. hance job skills if such program has been ap- (a) PAYMENTS TO STATES.— (a) FEDERAL-STATE AGREEMENTS.— proved by the State agency; (1) IN GENERAL.—Subject to paragraph (3), (1) IN GENERAL.—Any State which desires to ‘‘(7) the State agency shall require employers there shall be paid to a State an amount equal do so may enter into, and participate in, an to certify that if the employer provides health to 100 percent of the amount of short-time com- agreement under this section with the Secretary benefits and retirement benefits under a defined pensation paid under a short-time compensation provided that such State’s law does not provide benefit plan (as defined in section 414(j)) or con- program (as defined in section 3306(v) of the In- for the payment of short-time compensation tributions under a defined contribution plan (as ternal Revenue Code of 1986, as added by sec- under a short-time compensation program (as defined in section 414(i)) to any employee whose tion 2161(a)) under the provisions of the State defined in section 3306(v) of the Internal Rev- workweek is reduced under the program that law. enue Code of 1986, as added by section 2161(a)). such benefits will continue to be provided to em- (2) TERMS OF PAYMENTS.—Payments made to a (2) ABILITY TO TERMINATE.—Any State which ployees participating in the short-time com- State under paragraph (1) shall be payable by is a party to an agreement under this section pensation program under the same terms and way of reimbursement in such amounts as the may, upon providing 30 days’ written notice to conditions as though the workweek of such em- Secretary estimates the State will be entitled to the Secretary, terminate such agreement. ployee had not been reduced or to the same ex- receive under this section for each calendar (b) PROVISIONS OF FEDERAL-STATE AGREE- tent as other employees not participating in the month, reduced or increased, as the case may MENT.— short-time compensation program; be, by any amount by which the Secretary finds (1) IN GENERAL.—Any agreement under this ‘‘(8) the State agency shall require an em- that the Secretary’s estimates for any prior cal- section shall provide that the State agency of ployer to submit a written plan describing the endar month were greater or less than the the State will make payments of short-time com- manner in which the requirements of this sub- amounts which should have been paid to the pensation under a plan approved by the State. section will be implemented (including a plan State. Such estimates may be made on the basis Such plan shall provide that payments are made for giving advance notice, where feasible, to an of such statistical, sampling, or other method as in accordance with the requirements under sec- employee whose workweek is to be reduced) to- may be agreed upon by the Secretary and the tion 3306(v) of the Internal Revenue Code of gether with an estimate of the number of layoffs State agency of the State involved. 1986, as added by section 2161(a). that would have occurred absent the ability to (3) LIMITATIONS ON PAYMENTS.— (2) LIMITATIONS ON PLANS.— participate in short-time compensation and such (A) GENERAL PAYMENT LIMITATIONS.—No pay- (A) GENERAL PAYMENT LIMITATIONS.—A short- other information as the Secretary of Labor de- ments shall be made to a State under this sec- time compensation plan approved by a State termines is appropriate; tion for short-time compensation paid to an in- shall not permit the payment of short-time com- ‘‘(9) the terms of the employer’s written plan dividual by the State during a benefit year in pensation to an individual by the State during and implementation shall be consistent with em- excess of 26 times the amount of regular com- a benefit year in excess of 26 times the amount ployer obligations under applicable Federal and pensation (including dependents’ allowances) of regular compensation (including dependents’ State laws; and under the State law payable to such individual allowances) under the State law payable to such ‘‘(10) upon request by the State and approval for a week of total unemployment. individual for a week of total unemployment. by the Secretary of Labor, only such other pro- (B) EMPLOYER LIMITATIONS.—No payments (B) EMPLOYER LIMITATIONS.—A short-time visions are included in the State law that are shall be made to a State under this section for compensation plan approved by a State shall determined to be appropriate for purposes of a benefits paid to an individual by the State not provide payments to an individual if such short-time compensation program.’’. under a short-time compensation program if individual is employed by the participating em- (2) EFFECTIVE DATE.—Subject to paragraph such individual is employed by the participating ployer on a seasonal, temporary, or intermittent (3), the amendment made by paragraph (1) shall employer on a seasonal, temporary, or intermit- basis. take effect on the date of the enactment of this tent basis. (3) EMPLOYER PAYMENT OF COSTS.—Any short- Act. (b) APPLICABILITY.— time compensation plan entered into by an em- (3) TRANSITION PERIOD FOR EXISTING PRO- (1) IN GENERAL.—Payments to a State under ployer must provide that the employer will pay GRAMS.—In the case of a State that is admin- subsection (a) shall be available for weeks of the State an amount equal to one-half of the istering a short-time compensation program as unemployment— amount of short-time compensation paid under of the date of the enactment of this Act and the (A) beginning on or after the date of the en- such plan. Such amount shall be deposited in State law cannot be administered consistent actment of this Act; and the State’s unemployment fund and shall not be with the amendment made by paragraph (1), (B) ending on or before the date that is 3 used for purposes of calculating an employer’s such amendment shall take effect on the earlier years and 6 months after the date of the enact- contribution rate under section 3303(a)(1) of the of— ment of this Act. Internal Revenue Code of 1986.

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(c) PAYMENTS TO STATES.— (B) CLARIFICATION.—A State administering a of participating in short-time compensation pro- (1) IN GENERAL.—There shall be paid to each short-time compensation program, including a grams; and State with an agreement under this section an program being administered by a State that is (3) the development or enhancement of sys- amount equal to— participating in the transition under the provi- tems to automate— (A) one-half of the amount of short-time com- sions of sections 301(a)(3) and 302(c), that does (A) the submission and approval of plans; and pensation paid to individuals by the State pur- not meet the definition of a short-time com- (B) the filing and approval of new and ongo- suant to such agreement; and pensation program under section 3306(v) of the ing short-time compensation claims. (B) any additional administrative expenses in- Internal Revenue Code of 1986 (as added by (e) ADMINISTRATION.—The Secretary is au- curred by the State by reason of such agreement 211(a)), and a State with an agreement under thorized to use 0.25 percent of the funds avail- (as determined by the Secretary). section 2163, shall not be eligible to receive a able under subsection (g) to provide for outreach (2) TERMS OF PAYMENTS.—Payments made to a grant under this section until such time as the and to share best practices with respect to this State under paragraph (1) shall be payable by State law of the State provides for payments section and short-time compensation programs. way of reimbursement in such amounts as the under a short-time compensation program that (f) RECOUPMENT.—The Secretary shall estab- Secretary estimates the State will be entitled to meets such definition and such law. lish a process under which the Secretary shall receive under this section for each calendar (b) AMOUNT OF GRANTS.— recoup the amount of any grant awarded under month, reduced or increased, as the case may (1) IN GENERAL.—The maximum amount avail- paragraph (1) or (2) of subsection (a) if the Sec- be, by any amount by which the Secretary finds able for making grants to a State under para- retary determines that, during the 5-year period that the Secretary’s estimates for any prior cal- graphs (1) and (2) shall be equal to the amount beginning on the first date that any such grant endar month were greater or less than the obtained by multiplying $100,000,000 (less the is awarded to the State, the State— amounts which should have been paid to the amount used by the Secretary under subsection (1) terminated the State’s short-time com- State. Such estimates may be made on the basis (e)) by the same ratio as would apply under sub- pensation program; or of such statistical, sampling, or other method as section (a)(2)(B) of section 903 of the Social Se- (2) failed to meet appropriate requirements may be agreed upon by the Secretary and the curity Act (42 U.S.C. 1103) for purposes of deter- with respect to such program (as established by State agency of the State involved. mining such State’s share of any excess amount the Secretary). (3) FUNDING.—There are appropriated, out of (as described in subsection (a)(1) of such sec- (g) FUNDING.—There are appropriated, out of moneys in the Treasury not otherwise appro- tion) that would have been subject to transfer to moneys in the Treasury not otherwise appropriated, such sums as may be necessary for pur- State accounts, as of October 1, 2010, under the priated, to the Secretary, $100,000,000 to carry poses of carrying out this section. provisions of subsection (a) of such section. out this section, to remain available without fis- (4) CERTIFICATIONS.—The Secretary shall from (2) AMOUNT AVAILABLE FOR DIFFERENT cal year limitation. time to time certify to the Secretary of the GRANTS.—Of the maximum incentive payment (h) REPORTING.—The Secretary may establish Treasury for payment to each State the sums determined under paragraph (1) with respect to reporting requirements for States receiving a payable to such State under this section. a State— grant under this section in order to provide (d) APPLICABILITY.— (A) one-third shall be available for a grant oversight of grant funds. (1) IN GENERAL.—An agreement entered into under subsection (a)(1); and (i) DEFINITIONS.—In this section: under this section shall apply to weeks of unem- (B) two-thirds shall be available for a grant (1) SECRETARY.—The term ‘‘Secretary’’ means ployment— under subsection (a)(2). the Secretary of Labor. (c) GRANT APPLICATION AND DISBURSAL.— (A) beginning on or after the date on which (2) SHORT-TIME COMPENSATION PROGRAM.— (1) APPLICATION.—Any State seeking a grant such agreement is entered into; and The term ‘‘short-time compensation program’’ under paragraph (1) or (2) of subsection (a) has the meaning given such term in section (B) ending on or before the date that is 2 shall submit an application to the Secretary at years and 13 weeks after the date of the enact- 3306(v) of the Internal Revenue Code of 1986, as such time, in such manner, and complete with added by section 2161(a). ment of this Act. such information as the Secretary may require. (2) TWO-YEAR FUNDING LIMITATION.—States (3) STATE; STATE AGENCY; STATE LAW.—The In no case may the Secretary award a grant may receive payments under this section with terms ‘‘State’’, ‘‘State agency’’, and ‘‘State law’’ under this section with respect to an application respect to a total of not more than 104 weeks. have the meanings given those terms in section that is submitted after December 31, 2014. (e) SPECIAL RULE.—If a State has entered into 205 of the Federal-State Extended Unemploy- (2) NOTICE.—The Secretary shall, within 30 an agreement under this section and subse- ment Compensation Act of 1970 (26 U.S.C. 3304 days after receiving a complete application, no- note). quently enacts a State law providing for the tify the State agency of the State of the Sec- payment of short-time compensation under a retary’s findings with respect to the require- SEC. 2165. ASSISTANCE AND GUIDANCE IN IMPLE- MENTING PROGRAMS. short-time compensation program that meets the ments for a grant under paragraph (1) or (2) (or (a) IN GENERAL.—In order to assist States in definition of such a program under section both) of subsection (a). establishing, qualifying, and implementing 3306(v) of the Internal Revenue Code of 1986, as (3) CERTIFICATION.—If the Secretary finds added by section 2161(a), the State— that the State law provisions meet the require- short-time compensation programs (as defined in (1) shall not be eligible for payments under ments for a grant under subsection (a), the Sec- section 3306(v) of the Internal Revenue Code of this section for weeks of unemployment begin- retary shall thereupon make a certification to 1986, as added by section 2161(a)), the Secretary ning after the effective date of such State law; that effect to the Secretary of the Treasury, to- of Labor (in this section referred to as the ‘‘Sec- and gether with a certification as to the amount of retary’’) shall— (1) develop model legislative language which (2) subject to paragraphs (1)(B) and (2) of sec- the grant payment to be transferred to the State may be used by States in developing and enact- tion 2162(b), shall be eligible to receive payments account in the Unemployment Trust Fund (as ing such programs and periodically review and under section 2162 after the effective date of established in section 904(a) of the Social Secu- revise such model legislative language; such State law. rity Act (42 U.S.C. 1104(a))) pursuant to that (2) provide technical assistance and guidance (f) DEFINITIONS.—In this section: finding. The Secretary of the Treasury shall (1) SECRETARY.—The term ‘‘Secretary’’ means in developing, enacting, and implementing such make the appropriate transfer to the State ac- the Secretary of Labor. programs; count within 7 days after receiving such certifi- (2) STATE; STATE AGENCY; STATE LAW.—The (3) establish reporting requirements for States, cation. terms ‘‘State’’, ‘‘State agency’’, and ‘‘State law’’ including reporting on— (4) REQUIREMENT.—No certification of compli- (A) the number of estimated averted layoffs; have the meanings given those terms in section ance with the requirements for a grant under (B) the number of participating employers and 205 of the Federal-State Extended Unemploy- paragraph (1) or (2) of subsection (a) may be workers; and ment Compensation Act of 1970 (26 U.S.C. 3304 made with respect to any State whose— (C) such other items as the Secretary of Labor note). (A) State law is not otherwise eligible for cer- determines are appropriate. SEC. 2164. GRANTS FOR SHORT-TIME COMPENSA- tification under section 303 of the Social Secu- (b) MODEL LANGUAGE AND GUIDANCE.—The TION PROGRAMS. rity Act (42 U.S.C. 503) or approvable under sec- model language and guidance developed under (a) GRANTS.— tion 3304 of the Internal Revenue Code of 1986; subsection (a) shall allow sufficient flexibility (1) FOR IMPLEMENTATION OR IMPROVED ADMIN- or ISTRATION.—The Secretary shall award grants (B) short-time compensation program is sub- by States and participating employers while en- to States that enact short-time compensation ject to discontinuation or is not scheduled to suring accountability and program integrity. (c) CONSULTATION.—In developing the model programs (as defined in subsection (i)(2)) for the take effect within 12 months of the certification. purpose of implementation or improved adminis- (d) USE OF FUNDS.—The amount of any grant legislative language and guidance under sub- tration of such programs. awarded under this section shall be used for the section (a), and in order to meet the require- (2) FOR PROMOTION AND ENROLLMENT.—The implementation of short-time compensation pro- ments of subsection (b), the Secretary shall con- Secretary shall award grants to States that are grams and the overall administration of such sult with employers, labor organizations, State eligible and submit plans for a grant under programs and the promotion and enrollment ef- workforce agencies, and other program experts. paragraph (1) for such States to promote and forts associated with such programs, such as SEC. 2166. REPORTS. enroll employers in short-time compensation through— (a) REPORT.— programs (as so defined). (1) the creation or support of rapid response (1) IN GENERAL.—Not later than 4 years after (3) ELIGIBILITY.— teams to advise employers about alternatives to the date of the enactment of this Act, the Sec- (A) IN GENERAL.—The Secretary shall deter- layoffs; retary of Labor shall submit to Congress and to mine eligibility criteria for the grants under (2) the provision of education or assistance to the President a report or reports on the imple- paragraphs (1) and (2). employers to enable them to assess the feasibility mentation of the provisions of this subtitle.

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(2) REQUIREMENTS.—Any report under para- provide in coordination with programs of train- Federal-State Extended Unemployment Com- graph (1) shall at a minimum include the fol- ing offered by the Small Business Administra- pensation Act of 1970 until such individual has lowing: tion, which may include business counseling, reached the combined eligibility limit, provided (A) A description of best practices by States mentorship for participants, access to small that the individual otherwise satisfies the eligi- and employers in the administration, promotion, business development resources, and technical bility criteria described under title II of such and use of short-time compensation programs assistance; and’; Act. (as defined in section 3306(v) of the Internal ‘‘(4) the reference to ‘5 percent’ in paragraph ‘‘(2) DEFINITION OF ‘SELF-EMPLOYMENT ASSIST- Revenue Code of 1986, as added by section (4) shall be deemed to refer instead to ‘1 per- ANCE PROGRAM’.—For the purposes of this sec- 2161(a)). cent’; and tion, the term ‘self-employment assistance pro- (B) An analysis of the significant challenges ‘‘(5) paragraph (5) shall not apply. gram’ means a program as defined under section to State enactment and implementation of short- ‘‘(c) In the case of an individual who is eligi- 3306(t) of the Internal Revenue Code of 1986, ex- time compensation programs. ble to receive extended compensation under this cept as follows: (C) A survey of employers in all States to de- title, such individual shall not receive self-em- ‘‘(A) all references to ‘regular unemployment termine the level of interest in participating in ployment assistance allowances under this sec- compensation under the State law’ shall be short-time compensation programs. tion unless the State agency has a reasonable deemed to refer instead to ‘emergency unemploy- (b) FUNDING.—There are appropriated, out of expectation that such individual will be entitled ment compensation under title IV of the Supple- any moneys in the Treasury not otherwise ap- to at least 13 times the individual’s average mental Appropriations Act, 2008’; propriated, to the Secretary of Labor, $1,500,000 weekly benefit amount of extended compensa- ‘‘(B) paragraph (3)(B) shall not apply; to carry out this section, to remain available tion and emergency unemployment compensa- ‘‘(C) clause (i) of paragraph (3)(C) shall be without fiscal year limitation. tion. deemed to state as follows: Subtitle E—Self-Employment Assistance ‘‘(d)(1) An individual who is participating in ‘‘ ‘(i) include any entrepreneurial training a self-employment assistance program estab- that the State or non-profit organizations may SEC. 2181. STATE ADMINISTRATION OF SELF-EM- lished under this section may elect to dis- provide in coordination with programs of train- PLOYMENT ASSISTANCE PROGRAMS. continue participation in such program at any ing offered by the Small Business Administra- (a) AVAILABILITY FOR INDIVIDUALS RECEIVING time. tion, which may include business counseling, EXTENDED COMPENSATION.—Title II of the Fed- ‘‘(2) For purposes of an individual whose par- mentorship for participants, access to small eral-State Extended Unemployment Compensa- ticipation in a self-employment assistance pro- business development resources, and technical tion Act of 1970 (26 U.S.C. 3304 note) is amended gram established under this section is termi- assistance; and’; by inserting at the end the following new sec- nated pursuant to subsection (a)(3) or who has ‘‘(D) the reference to ‘5 percent’ in paragraph tion: discontinued participation in such program, if (4) shall be deemed to refer instead to ‘1 per- ‘‘AUTHORITY TO CONDUCT SELF-EMPLOYMENT the individual continues to satisfy the eligibility cent’; and ASSISTANCE PROGRAMS requirements for extended compensation under ‘‘(E) paragraph (5) shall not apply. ‘‘SEC. 208. (a)(1) At the option of a State, for this title, the individual shall receive extended ‘‘(3) AVAILABILITY OF SELF-EMPLOYMENT AS- any weeks of unemployment beginning after the compensation payments with respect to subse- SISTANCE ALLOWANCES.—In the case of an indi- date of enactment of this section, the State quent weeks of unemployment, to the extent vidual who is eligible to receive emergency un- agency of the State may establish a self-employ- that amounts remain in the account established employment compensation payment under this ment assistance program, as described in sub- for such individual under section 202(b).’’. title, such individual shall not receive self-em- section (b), to provide for the payment of ex- (b) AVAILABILITY FOR INDIVIDUALS RECEIVING ployment assistance allowances under this sub- tended compensation as self-employment assist- EMERGENCY UNEMPLOYMENT COMPENSATION.— section unless the State agency has a reasonable ance allowances to individuals who would oth- Section 4001 of the Supplemental Appropriations expectation that such individual will be entitled erwise satisfy the eligibility criteria under this Act, 2008 (Public Law 110–252; 26 U.S.C. 3304 to at least 13 times the individual’s average title. note), as amended by sections 2141(b) and weekly benefit amount of extended compensa- ‘‘(2) Subject to paragraph (3), the self-employ- 2142(a), is further amended by inserting at the tion and emergency unemployment compensa- ment assistance allowance described in para- end the following new subsection: tion. graph (1) shall be paid to an eligible individual ‘‘(j) AUTHORITY TO CONDUCT SELF-EMPLOY- ‘‘(4) PARTICIPANT OPTION TO TERMINATE PAR- from such individual’s extended compensation MENT ASSISTANCE PROGRAM.— TICIPATION IN SELF-EMPLOYMENT ASSISTANCE account, as described in section 202(b), and the ‘‘(1) IN GENERAL.— PROGRAM.— amount in such account shall be reduced ac- ‘‘(A) ESTABLISHMENT.—Any agreement under ‘‘(A) TERMINATION.—An individual who is cordingly. subsection (a) may provide that the State agen- participating in a self-employment assistance ‘‘(3)(A) Subject to subparagraph (B), for pur- cy of the State shall establish a self-employment program established under this subsection may poses of self-employment assistance programs es- assistance program, as described in paragraph elect to discontinue participation in such pro- tablished under this section and section 4001(j) (2), to provide for the payment of emergency un- gram at any time. of the Supplemental Appropriations Act, 2008, employment compensation as self-employment ‘‘(B) CONTINUED ELIGIBILITY FOR EMERGENCY an individual shall be provided with self-em- assistance allowances to individuals who would UNEMPLOYMENT COMPENSATION.—For purposes ployment assistance allowances under such pro- otherwise satisfy the eligibility criteria specified of an individual whose participation in the self- grams for a total of not greater than 26 weeks in subsection (b). employment assistance program established (referred to in this section as the ‘combined eli- ‘‘(B) PAYMENT OF ALLOWANCES.—Subject to under this subsection is terminated pursuant to gibility limit’). subparagraph (C), the self-employment assist- paragraph (1)(C) or who has discontinued par- ‘‘(B) For purposes of an individual who is ance allowance described in subparagraph (A) ticipation in such program, if the individual participating in a self-employment assistance shall be paid to an eligible individual from such continues to satisfy the eligibility requirements program established under this section and has individual’s emergency unemployment com- for emergency unemployment compensation not reached the combined eligibility limit as of pensation account, as described in section 4002, under this title, the individual shall receive the date on which such individual exhausts all and the amount in such account shall be re- emergency unemployment compensation pay- rights to extended compensation under this title, duced accordingly. ments with respect to subsequent weeks of un- the individual shall be eligible to receive self-em- ‘‘(C) LIMITATION ON SELF-EMPLOYMENT ASSIST- employment, to the extent that amounts remain ployment assistance allowances under a self-em- ANCE FOR INDIVIDUALS RECEIVING EXTENDED in the account established for such individual ployment assistance program established under COMPENSATION AND EMERGENCY UNEMPLOYMENT under section 4002(b) or to the extent that such section 4001(j) of the Supplemental Appropria- COMPENSATION.— individual commences receiving the amounts de- tions Act, 2008, until such individual has ‘‘(i) COMBINED ELIGIBILITY LIMIT.—Subject to scribed in subsections (c), (d), or (e) of such sec- reached the combined eligibility limit, provided clause (ii), for purposes of self-employment as- tion, respectively.’’. that the individual otherwise satisfies the eligi- sistance programs established under this sub- SEC. 2182. GRANTS FOR SELF-EMPLOYMENT AS- bility criteria described under title IV of such section and section 208 of the Federal-State Ex- SISTANCE PROGRAMS. Act. tended Unemployment Compensation Act of (a) IN GENERAL.— ‘‘(b) For the purposes of this section, the term 1970, an individual shall be provided with self- (1) ESTABLISHMENT OR IMPROVED ADMINISTRA- ‘self-employment assistance program’ means a employment assistance allowances under such TION.—Subject to the requirements established program as defined under section 3306(t) of the programs for a total of not greater than 26 under subsection (b), the Secretary shall award Internal Revenue Code of 1986, except as fol- weeks (referred to in this subsection as the ‘com- grants to States for the purposes of— lows: bined eligibility limit’). (A) improved administration of self-employ- ‘‘(1) all references to ‘regular unemployment ‘‘(ii) CARRYOVER RULE.—For purposes of an ment assistance programs that have been estab- compensation under the State law’ shall be individual who is participating in a self-employ- lished, prior to the date of the enactment of this deemed to refer instead to ‘extended compensa- ment assistance program established under this Act, pursuant to section 3306(t) of the Internal tion under title II of the Federal-State Extended subsection and has not reached the combined Revenue Code of 1986 (26 U.S.C. 3306(t)), for in- Unemployment Compensation Act of 1970’; eligibility limit as of the date on which such individuals who are eligible to receive regular un- ‘‘(2) paragraph (3)(B) shall not apply; dividual exhausts all rights to extended com- employment compensation; ‘‘(3) clause (i) of paragraph (3)(C) shall be pensation under this title, the individual shall (B) development, implementation, and admin- deemed to state as follows: be eligible to receive self-employment assistance istration of self-employment assistance programs ‘‘ ‘(i) include any entrepreneurial training allowances under a self-employment assistance that are established, subsequent to the date of that the State or non-profit organizations may program established under section 208 of the the enactment of this Act, pursuant to section

VerDate Mar 15 2010 04:35 Feb 17, 2012 Jkt 019060 PO 00000 Frm 00037 Fmt 4634 Sfmt 6333 E:\CR\FM\A16FE7.005 H16FEPT1 jbell on DSK7SPTVN1PROD with HOUSE H842 CONGRESSIONAL RECORD — HOUSE February 16, 2012 3306(t) of the Internal Revenue Code of 1986, for (B) the total amount of allowances provided TITLE III—MEDICARE AND OTHER individuals who are eligible to receive regular to individuals participating in a self-employ- HEALTH PROVISIONS unemployment compensation; and ment assistance program; Subtitle A—Medicare Extensions (C) development, implementation, and admin- (C) the total income (as determined by survey istration of self-employment assistance programs SEC. 3001. EXTENSION OF MMA SECTION 508 RE- or other appropriate method) for businesses that CLASSIFICATIONS. that are established pursuant to section 208 of have been established by individuals partici- (a) IN GENERAL.—Section 106(a) of division B the Federal-State Extended Unemployment Com- pating in a self-employment assistance program, of the Tax Relief and Health Care Act of 2006 pensation Act of 1970 or section 4001(j) of the as well as the total number of individuals em- (42 U.S.C. 1395 note), as amended by section 117 Supplemental Appropriations Act, 2008, for indi- ployed through such businesses; and of the Medicare, Medicaid, and SCHIP Exten- viduals who are eligible to receive extended com- (D) any additional information, as determined sion Act of 2007 (Public Law 110–173), section pensation or emergency unemployment com- appropriate by the Secretary. 124 of the Medicare Improvements for Patients pensation. (2) EVALUATION.—Not later than 5 years after and Providers Act of 2008 (Public Law 110–275), (2) PROMOTION AND ENROLLMENT.—Subject to the date of the enactment of this Act, the Sec- sections 3137(a) and 10317 of the Patient Protec- the requirements established under subsection retary shall submit to Congress a report that tion and Affordable Care Act (Public Law 111– (b), the Secretary shall award additional grants evaluates the effectiveness of self-employment 148), section 102(a) of the Medicare and Med- to States that submit approved applications for assistance programs established by States, in- icaid Extenders Act of 2010 (Public Law 111– a grant under paragraph (1) for such States to cluding— 309), and section 302(a) of the Temporary Pay- promote self-employment assistance programs (A) an analysis of the implementation and op- roll Tax Cut Continuation Act of 2011 (Public and enroll unemployed individuals in such pro- eration of self-employment assistance programs Law 112–78), is amended by striking ‘‘November grams. by States; 30, 2011’’ and inserting ‘‘March 31, 2012’’. (b) APPLICATION AND DISBURSAL.— (B) an evaluation of the economic outcomes (b) SPECIAL RULE.— (1) APPLICATION.—Any State seeking a grant for individuals who participated in a self-em- under paragraph (1) or (2) of subsection (a) (1) IN GENERAL.—Subject to paragraph (2), for ployment assistance program as compared to in- purposes of implementation of the amendment shall submit an application to the Secretary at dividuals who received unemployment com- such time, in such manner, and containing such made by subsection (a), including for purposes pensation and did not participate in a self-em- of the implementation of paragraph (2) of sec- information as is determined appropriate by the ployment assistance program, including a com- Secretary. In no case shall the Secretary award tion 117(a) of the Medicare, Medicaid, and parison as to employment status, income, and SCHIP Extension Act of 2007 (Public Law 110– a grant under this section with respect to an ap- duration of receipt of unemployment compensa- plication that is submitted after December 31, 173), for the period beginning on December 1, tion or self-employment assistance allowances; 2011, and ending on March 31, 2012, the Sec- 2013. and (2) NOTICE.—Not later than 30 days after re- retary of Health and Human Services shall use (C) an evaluation of the state of the busi- the hospital wage index that was promulgated ceiving an application described in paragraph nesses started by individuals who participated (1) from a State, the Secretary shall notify the by the Secretary of Health and Human Services in a self-employment assistance program, in- in the Federal Register on August 18, 2011 (76 State agency as to whether a grant has been ap- cluding information regarding— proved for such State for the purposes described Fed. Reg. 51476), and any subsequent correc- (i) the type of businesses established; tions. in subsection (a). (ii) the sustainability of the businesses; (3) CERTIFICATION.—If the Secretary deter- (2) EXCEPTION.—In determining the wage (iii) the total income collected by the busi- index applicable to hospitals that qualify for mines that a State has met the requirements for nesses; a grant under subsection (a), the Secretary shall wage index reclassification, the Secretary shall, (iv) the total number of individuals employed for the period described in paragraph (1), in- make a certification to that effect to the Sec- through such businesses; and retary of the Treasury, as well as a certification clude the average hourly wage data of hospitals (v) the estimated Federal and State tax rev- whose reclassification was extended pursuant to as to the amount of the grant payment to be enue collected from such businesses and their transferred to the State account in the Unem- the amendment made by subsection (a) only if employees. including such data results in a higher applica- ployment Trust Fund under section 904 of the (c) FLEXIBILITY AND ACCOUNTABILITY.—The Social Security Act (42 U.S.C. 1104). The Sec- ble reclassified wage index. Any revision to hos- model language, guidance, and reporting re- pital wage indexes made as a result of this para- retary of the Treasury shall make the appro- quirements developed by the Secretary under priate transfer to the State account not later graph shall not be effected in a budget neutral subsections (a) and (b) shall— manner. than 7 days after receiving such certification. (1) allow sufficient flexibility for States and (c) ALLOTMENT FACTORS.—For purposes of al- (c) TIMEFRAME FOR PAYMENTS.— participating individuals; and (1) IN GENERAL.—The Secretary shall make lotting the funds available under subsection (d) (2) ensure accountability and program integ- to States that have met the requirements for a payments required under subsections (a) and (b) rity. by not later than June 30, 2012. grant under this section, the amount of the (d) CONSULTATION.—For purposes of devel- grant provided to each State shall be determined (2) OCTOBER 2011 AND NOVEMBER 2011 CON- oping the model language, guidance, and re- FORMING CHANGE.—Section 302(c) of the Tem- based upon the percentage of unemployed indi- porting requirements described under sub- viduals in the State relative to the percentage of porary Payroll Tax Cut Continuation Act of sections (a) and (b), the Secretary shall consult 2011 (Public Law 112-78) is amended by striking unemployed individuals in all States. with employers, labor organizations, State agen- (d) FUNDING.—There are appropriated, out of ‘‘December 31, 2012’’ and inserting ‘‘June 30, cies, and other relevant program experts. 2012’’. moneys in the Treasury not otherwise appro- (e) ENTREPRENEURIAL TRAINING PROGRAMS.— SEC. 3002. EXTENSION OF OUTPATIENT HOLD priated, $35,000,000 for the period of fiscal year The Secretary shall utilize resources available 2012 through fiscal year 2013 for purposes of HARMLESS PAYMENTS. through the Department of Labor and coordi- (a) IN GENERAL.—Section 1833(t)(7)(D)(i) of carrying out the grant program under this sec- nate with the Administrator of the Small Busi- tion, the Social Security Act (42 U.S.C. ness Administration to ensure that adequate 1395l(t)(7)(D)(i)), as amended by section 308 of SEC. 2183. ASSISTANCE AND GUIDANCE IN IMPLE- funding is reserved and made available for the the Temporary Payroll Tax Cut Continuation MENTING SELF-EMPLOYMENT AS- provision of entrepreneurial training to individ- SISTANCE PROGRAMS. Act of 2011 (Public Law 112–78), is amended— uals participating in self-employment assistance (a) MODEL LANGUAGE AND GUIDANCE.—For (1) in subclause (II)— programs. purposes of assisting States in establishing, im- (A) in the first sentence, by striking ‘‘March (f) SELF-EMPLOYMENT ASSISTANCE PRO- proving, and administering self-employment as- 1, 2012’’ and inserting ‘‘January 1, 2013’’; and GRAM.—For purposes of this section, the term sistance programs, the Secretary shall— (B) in the second sentence, by striking ‘‘or the ‘‘self-employment assistance program’’ means a (1) develop model language that may be used first two months of 2012’’ and inserting ‘‘or program established pursuant to section 3306(t) by States in enacting such programs, as well as 2012’’; and of the Internal Revenue Code of 1986 (26 U.S.C. periodically review and revise such model lan- (2) in subclause (III), in the first sentence, by 3306(t)), section 208 of the Federal-State Ex- guage; and striking ‘‘March 1, 2012’’ and inserting ‘‘Janu- tended Unemployment Compensation Act of (2) provide technical assistance and guidance ary 1, 2013’’. 1970, or section 4001(j) of the Supplemental Ap- in establishing, improving, and administering (b) REPORT.—Not later than July 1, 2012, the propriations Act, 2008, for individuals who are such programs. Secretary of Health and Human Services shall eligible to receive regular unemployment com- (b) REPORTING AND EVALUATION.— submit to the Committees on Ways and Means pensation, extended compensation, or emergency (1) REPORTING.—The Secretary shall establish and Energy and Commerce of the House of Rep- reporting requirements for States that have es- unemployment compensation. resentatives and the Committee on Finance of tablished self-employment assistance programs, SEC. 2184. DEFINITIONS. the Senate a report including recommendations which shall include reporting on— In this subtitle: for which types of hospitals should continue to (A) the total number of individuals who re- (1) SECRETARY.—The term ‘‘Secretary’’ means receive hold harmless payments described in ceived unemployment compensation and— the Secretary of Labor. subclauses (II) and (III) of section (i) were referred to a self-employment assist- (2) STATE; STATE AGENCY.—The terms ‘‘State’’ 1833(t)(7)(D)(i) of the Social Security Act (42 ance program; and ‘‘State agency’’ have the meanings given U.S.C. 1395l(t)(7)(D)(i)) in order to maintain (ii) participated in such program; and such terms under section 205 of the Federal- adequate beneficiary access to outpatient serv- (iii) received an allowance under such pro- State Extended Unemployment Compensation ices. In conducting such report, the Secretary gram; Act of 1970 (26 U.S.C. 3304 note). should examine why some similarly situated

VerDate Mar 15 2010 04:35 Feb 17, 2012 Jkt 019060 PO 00000 Frm 00038 Fmt 4634 Sfmt 6333 E:\CR\FM\A16FE7.005 H16FEPT1 jbell on DSK7SPTVN1PROD with HOUSE February 16, 2012 CONGRESSIONAL RECORD — HOUSE H843 hospitals do not receive such hold harmless pay- Payroll Tax Cut Continuation Act of 2011 (Pub- (1) by inserting ‘‘(1)’’ after ‘‘(t)’’; and ments and are able to rely only on the prospec- lic Law 112–78), is amended by striking ‘‘before (2) by adding at the end the following new tive payment system for hospital outpatient de- March 1, 2012’’ and inserting ‘‘before January 1, paragraph: partment services under section 1833(t) of the 2013’’. ‘‘(2) Each request for payment, or bill sub- Social Security Act (42 U.S.C. 1395l(t)). (b) REPORT.—Not later than June 15, 2013, the mitted, for therapy services described in para- SEC. 3003. PHYSICIAN PAYMENT UPDATE. Medicare Payment Advisory Commission shall graph (1) or (3) of section 1833(g), including (a) IN GENERAL.—Section 1848(d)(13) of the submit to the Committees on Ways and Means services described in section 1833(a)(8)(B), fur- Social Security Act (42 U.S.C. 1395w–4(d)(13)), and Energy and Commerce of the House of Rep- nished on or after October 1, 2012, for which as added by section 301 of the Temporary Pay- resentatives and the Committee on Finance of payment may be made under this part shall in- roll Tax Cut Continuation Act of 2011 (Public the Senate a report that assesses whether any clude the national provider identifier of the Law 112–78), is amended— adjustment under section 1848 of the Social Se- physician who periodically reviews the plan for (1) in the heading, by striking ‘‘FIRST TWO curity Act (42 U.S.C. 1395w–4) to distinguish the such services under section 1861(p)(2).’’. (d) IMPLEMENTATION.—The Secretary of MONTHS OF 2012’’ and inserting ‘‘2012’’; difference in work effort by geographic area is (2) in subparagraph (A), by striking ‘‘the pe- appropriate and, if so, what that level should be Health and Human Services shall implement riod beginning on January 1, 2012, and ending and where it should be applied. The report shall such claims processing edits and issue such on February 29, 2012’’ and inserting ‘‘2012’’; also assess the impact of the work geographic guidance as may be necessary to implement the (3) in the heading of subparagraph (B), by adjustment under such section, including the amendments made by this section in a timely striking ‘‘REMAINING PORTION OF 2012’’ and in- extent to which the floor on such adjustment manner. Notwithstanding any other provision of serting ‘‘2013’’; and impacts access to care. law, the Secretary may implement the amend- (4) in subparagraph (B), by striking ‘‘for the SEC. 3005. PAYMENT FOR OUTPATIENT THERAPY ments made by this section by program instruc- period beginning on March 1, 2012, and ending SERVICES. tion. Of the amount of funds made available to on December 31, 2012, and for 2013’’ and insert- (a) APPLICATION OF ADDITIONAL REQUIRE- the Secretary for fiscal year 2012 for program ing ‘‘for 2013’’. MENTS.—Section 1833(g)(5) of the Social Security management for the Centers for Medicare & (b) MANDATED STUDIES ON PHYSICIAN PAY- Act (42 U.S.C. 1395l(g)(5)), as amended by sec- Medicaid Services, not to exceed $9,375,000 shall MENT REFORM.— tion 304 of the Temporary Payroll Tax Cut Con- be available for such fiscal year and the first 3 (1) STUDY BY SECRETARY ON OPTIONS FOR BUN- tinuation Act of 2011 (Public Law 112–78), is months of fiscal year 2013 to carry out section DLED OR EPISODE-BASED PAYMENT.— amended— 1833(g)(5)(C) of the Social Security Act (relating (A) IN GENERAL.—The Secretary of Health and (1) by inserting ‘‘(A)’’ after ‘‘(5)’’; to manual medical review), as added by sub- Human Services shall conduct a study that ex- (2) in the first sentence, by striking ‘‘February section (a). amines options for bundled or episode-based 29, 2012’’ and inserting ‘‘December 31, 2012’’; (e) EFFECTIVE DATE.—The requirement of sub- payments, to cover physicians’ services cur- (3) in the first sentence, by inserting ‘‘and if paragraph (B) of section 1833(g)(5) of the Social rently paid under the physician fee schedule the requirement of subparagraph (B) is met’’ Security Act (42 U.S.C. 1395l(g)(5)), as added by under section 1848 of the Social Security Act (42 after ‘‘medically necessary’’; subsection (a), shall apply to services furnished U.S.C. 1395w–4), for one or more prevalent (4) in the second sentence, by inserting ‘‘made on or after March 1, 2012. (f) MEDPAC REPORT ON IMPROVED MEDICARE chronic conditions (such as cancer, diabetes, in accordance with such requirement’’ after ‘‘re- THERAPY BENEFITS.—Not later than June 15, and congestive heart failure) or episodes of care ceipt of the request’’; and 2013, the Medicare Payment Advisory Commis- for one or more major procedures (such as med- (5) by adding at the end the following new sion shall submit to the Committees on Energy ical device implantation). In conducting the subparagraphs: and Commerce and Ways and Means of the study, the Secretary shall consult with medical ‘‘(B) In the case of outpatient therapy services House of Representatives and to the Committee professional societies and other relevant stake- for which an exception is requested under the on Finance of the Senate a report making rec- holders. The study shall include an examination first sentence of subparagraph (A), the claim for ommendations on how to improve the outpatient of related private payer payment initiatives. such services shall contain an appropriate modifier (such as the KX modifier used as of the date therapy benefit under part B of title XVIII of (B) REPORT.—Not later than January 1, 2013, the Secretary shall submit to the Committees on of the enactment of this subparagraph) indi- the Social Security Act. The report shall include Ways and Means and Energy and Commerce of cating that such services are medically nec- recommendations on how to reform the payment the House of Representatives and the Committee essary as justified by appropriate documenta- system for such outpatient therapy services on Finance of the Senate a report on the study tion in the medical record involved. under such part so that the benefit is better de- conducted under this paragraph. The Secretary ‘‘(C)(i) In applying this paragraph with resigned to reflect individual acuity, condition, shall include in the report recommendations on spect to a request for an exception with respect and therapy needs of the patient. Such report suitable alternative payment options for services to expenses that would be incurred for out- shall include an examination of private sector paid under such fee schedule and on associated patient therapy services (including services de- initiatives relating to outpatient therapy bene- implementation requirements (such as timelines, scribed in subsection (a)(8)(B)) that would ex- fits. (g) COLLECTION OF ADDITIONAL DATA.— operational issues, and interactions with other ceed the threshold described in clause (ii) for a (1) STRATEGY.—The Secretary of Health and payment reform initiatives). year, the request for such an exception, for services furnished on or after October 1, 2012, shall Human Services shall implement, beginning on (2) GAO STUDY OF PRIVATE PAYER INITIA- be subject to a manual medical review process January 1, 2013, a claims-based data collection TIVES.— that is similar to the manual medical review strategy that is designed to assist in reforming (A) IN GENERAL.—The Comptroller General of the Medicare payment system for outpatient the United States shall conduct a study that ex- process used for certain exceptions under this therapy services subject to the limitations of sec- amines initiatives of private entities offering or paragraph in 2006. ‘‘(ii) The threshold under this clause for a tion 1833(g) of the Social Security Act (42 U.S.C. administering health insurance coverage, group year is $3,700. Such threshold shall be applied 1395l(g)). Such strategy shall be designed to pro- health plans, or other private health benefit separately— vide for the collection of data on patient func- plans to base or adjust physician payment rates ‘‘(I) for physical therapy services and speech- tion during the course of therapy services in under such coverage or plans for performance language pathology services; and order to better understand patient condition and on quality and efficiency, as well as demonstra- ‘‘(II) for occupational therapy services.’’. outcomes. tion of care delivery improvement activities (b) TEMPORARY APPLICATION OF THERAPY CAP (2) CONSULTATION.—In proposing and imple- (such as adherence to evidence-based guidelines TO THERAPY FURNISHED AS PART OF HOSPITAL menting such strategy, the Secretary shall con- and patient-shared decision making programs). OUTPATIENT SERVICES.—Section 1833(g) of such sult with relevant stakeholders. In conducting such study, the Comptroller Gen- Act (42 U.S.C.1395l(g)) is amended— (h) GAO REPORT ON MANUAL MEDICAL RE- eral shall consult, to the extent appropriate, (1) in each of paragraphs (1) and (3), by strik- VIEW PROCESS IMPLEMENTATION.—Not later with medical professional societies and other ing ‘‘but not described in section 1833(a)(8)(B)’’ than May 1, 2013, the Comptroller General of relevant stakeholders. and inserting ‘‘but (except as provided in para- the United States shall submit to the Committees (B) REPORT.—Not later than January 1, 2013, graph (6)) not described in subsection on Energy and Commerce and Ways and Means the Comptroller General shall submit to the (a)(8)(B)’’; and of the House of Representatives and to the Com- Committees on Ways and Means and Energy (2) by adding at the end the following new mittee on Finance of the Senate a report on the and Commerce of the House of Representatives paragraph: implementation of the manual medical review and the Committee on Finance of the Senate a ‘‘(6) In applying paragraphs (1) and (3) to process referred to in section 1833(g)(5)(C) of the report on the study conducted under this para- services furnished during the period beginning Social Security Act, as added by subsection (a). graph. Such report shall include an assessment not later than October 1, 2012, and ending on Such report shall include aggregate data on the of the applicability of the payer initiatives de- December 31, 2012, the exclusion of services de- number of individuals and claims subject to scribed in subparagraph (A) to the Medicare scribed in subsection (a)(8)(B) from the uniform such process, the number of reviews conducted program and recommendations on modifications dollar limitation specified in paragraph (2) shall under such process, and the outcome of such re- to existing Medicare performance-based initia- not apply to such services furnished during views. tives. 2012.’’. SEC. 3006. PAYMENT FOR TECHNICAL COMPO- SEC. 3004. WORK GEOGRAPHIC ADJUSTMENT. (c) REQUIREMENT FOR INCLUSION ON CLAIMS NENT OF CERTAIN PHYSICIAN PA- (a) IN GENERAL.—Section 1848(e)(1)(E) of the OF NPI OF PHYSICIAN WHO REVIEWS THERAPY THOLOGY SERVICES. Social Security Act (42 U.S.C. 1395w–4(e)(1)(E)), PLAN.—Section 1842(t) of such Act (42 U.S.C. Section 542(c) of the Medicare, Medicaid, and as amended by section 303 of the Temporary 1395u(t)) is amended— SCHIP Benefits Improvement and Protection

VerDate Mar 15 2010 04:35 Feb 17, 2012 Jkt 019060 PO 00000 Frm 00039 Fmt 4634 Sfmt 6333 E:\CR\FM\A16FE7.005 H16FEPT1 jbell on DSK7SPTVN1PROD with HOUSE H844 CONGRESSIONAL RECORD — HOUSE February 16, 2012 Act of 2000 (as enacted into law by section 1396a(a)(10)(E)(iv)), as amended by section percent of such amount otherwise allowable; 1(a)(6) of Public Law 106–554), as amended by 310(a) of the Temporary Payroll Tax Cut Con- and section 732 of the Medicare Prescription Drug, tinuation Act of 2011 (Public Law 112–78), is ‘‘(IV) for cost reporting periods beginning dur- Improvement, and Modernization Act of 2003 (42 amended by striking ‘‘February’’ and inserting ing a subsequent fiscal year, shall be reduced by U.S.C. 1395w–4 note), section 104 of division B of ‘‘December’’. 35 percent of such amount otherwise allow- the Tax Relief and Health Care Act of 2006 (42 (b) EXTENDING TOTAL AMOUNT AVAILABLE able.’’. U.S.C. 1395w–4 note), section 104 of the Medi- FOR ALLOCATION.—Section 1933(g) of such Act (c) CERTAIN OTHER PROVIDERS.—Section care, Medicaid, and SCHIP Extension Act of (42 U.S.C. 1396u–3(g)), as amended by section 1861(v)(1) of such Act (42 U.S.C. 1395x(v)(1)) is 2007 (Public Law 110–173), section 136 of the 310(b) of the Temporary Payroll Tax Cut Con- amended by adding at the end the following Medicare Improvements for Patients and Pro- tinuation Act of 2011 (Public Law 112–78), is new subparagraph: viders Act of 2008 (Public Law 110–275), section amended— ‘‘(W)(i) In determining such reasonable costs 3104 of the Patient Protection and Affordable (1) in paragraph (2)— for providers described in clause (ii), the amount Care Act (Public Law 111–148), section 105 of the (A) in subparagraph (P), by striking ‘‘and’’ of bad debts otherwise treated as allowable costs Medicare and Medicaid Extenders Act of 2010 after the semicolon; which are attributable to deductibles and coin- (Public Law 111–309), and section 305 of the (B) in subparagraph (Q), by striking ‘‘Feb- surance amounts under this title shall be re- Temporary Payroll Tax Cut Continuation Act of ruary 29, 2012, the total allocation amount is duced— 2011 (Public Law 112–78), is amended by striking $150,000,000.’’ and inserting ‘‘September 30, 2012, ‘‘(I) for cost reporting periods beginning dur- ‘‘and the first two months of 2012’’ and insert- the total allocation amount is $450,000,000; ing fiscal year 2013, by 12 percent of such ing ‘‘and the first six months of 2012’’. and’’; and amount otherwise allowable; SEC. 3007. AMBULANCE ADD-ON PAYMENTS. (C) by adding at the end the following new ‘‘(II) for cost reporting periods beginning dur- (a) GROUND AMBULANCE.—Section subparagraph: ing fiscal year 2014, by 24 percent of such 1834(l)(13)(A) of the Social Security Act (42 ‘‘(R) for the period that begins on October 1, amount otherwise allowable; and U.S.C. 1395m(l)(13)(A)), as amended by section 2012, and ends on December 31, 2012, the total ‘‘(III) for cost reporting periods beginning 306(a) of the Temporary Payroll Tax Cut Con- allocation amount is $280,000,000.’’; and during a subsequent fiscal year, by 35 percent of tinuation Act of 2011 (Public Law 112–78), is (2) in paragraph (3), in the matter preceding such amount otherwise allowable. amended— subparagraph (A), by striking ‘‘or (P)’’ and in- ‘‘(ii) A provider described in this clause is a (1) in the matter preceding clause (i), by strik- serting ‘‘(P), or (R)’’. provider of services not described in subpara- ing ‘‘March 1, 2012’’ and inserting ‘‘January 1, SEC. 3102. TRANSITIONAL MEDICAL ASSISTANCE. graph (T) or (V), a supplier, or any other type 2013’’; and Sections 1902(e)(1)(B) and 1925(f) of the Social of entity that receives payment for bad debts (2) in each of clauses (i) and (ii), by striking Security Act (42 U.S.C. 1396a(e)(1)(B), 1396r– under the authority under subparagraph (A).’’. ‘‘March 1, 2012’’ and inserting ‘‘January 1, 6(f)), as amended by section 311 of the Tem- (d) CONFORMING AMENDMENT FOR HOSPITAL 2013’’ each place it appears. porary Payroll Tax Cut Continuation Act of SERVICES.—Section 4008(c) of the Omnibus (b) AIR AMBULANCE.—Section 146(b)(1) of the Budget Reconciliation Act of 1987 (42 U.S.C. Medicare Improvements for Patients and Pro- 2011 (Public Law 112–78), are each amended by 1395 note), as amended by section 8402 of the viders Act of 2008 (Public Law 110–275), as striking ‘‘February 29’’ and inserting ‘‘December Technical and Miscellaneous Revenue Act of amended by sections 3105(b) and 10311(b) of the 31’’. 1988 and section 6023 of the Omnibus Budget Patient Protection and Affordable Care Act Subtitle C—Health Offsets Reconciliation Act of 1989, is amended by add- (Public Law 111–148), section 106(b) of the Medi- SEC. 3201. REDUCTION OF BAD DEBT TREATED AS ing at the end the following new sentence: ‘‘Ef- care and Medicaid Extenders Act of 2010 (Public AN ALLOWABLE COST. fective for cost reporting periods beginning on or Law 111–309) and section 306(b) of the Tem- (a) HOSPITALS.—Section 1861(v)(1)(T) of the after October 1, 2012, the provisions of the pre- porary Payroll Tax Cut Continuation Act of Social Security Act (42 U.S.C. 1395x(v)(1)(T)) is vious two sentences shall not apply.’’. 2011 (Public Law 112–78), is amended by striking amended— ‘‘February 29, 2012’’ and inserting ‘‘December (1) in clause (iii), by striking ‘‘and’’ at the SEC. 3202. REBASE MEDICARE CLINICAL LABORA- TORY PAYMENT RATES. 31, 2012’’. end; (c) SUPER RURAL AMBULANCE.—Section (2) in clause (iv)— Section 1833(h)(2)(A) of the Social Security 1834(l)(12)(A) of the Social Security Act (42 (A) by striking ‘‘a subsequent fiscal year’’ and Act (42 U.S.C. 1395l(h)(2)(A)) is amended— U.S.C. 1395m(l)(12)(A)), as amended by section inserting ‘‘fiscal years 2001 through 2012’’; and (1) in clause (i), by striking ‘‘paragraph (4)’’ 306(c) of Temporary Payroll Tax Cut Continu- (B) by striking the period at the end and in- and inserting ‘‘clause (v), subparagraph (B), ation Act of 2011 (Public Law 112–78), is amend- serting ‘‘, and’’; and and paragraph (4)’’; ed in the first sentence by striking ‘‘March 1, (3) by adding at the end the following: (2) by moving clause (iv), subclauses (I) and 2012’’ and inserting ‘‘January 1, 2013’’. ‘‘(v) for cost reporting periods beginning dur- (II) of such clause, and the flush matter at the (d) GAO REPORT UPDATE.—Not later than Oc- ing fiscal year 2013 or a subsequent fiscal year, end of such clause 6 ems to the left; and tober 1, 2012, the Comptroller General of the by 35 percent of such amount otherwise allow- (3) by adding at the end the following new United States shall update the GAO report able.’’. clause: GAO–07–383 (relating to Ambulance Providers: (b) SKILLED NURSING FACILITIES.—Section ‘‘(v) The Secretary shall reduce by 2 percent Costs and Expected Medicare Margins Vary 1861(v)(1)(V) of such Act (42 U.S.C. the fee schedules otherwise determined under Greatly) to reflect current costs for ambulance 1395x(v)(1)(V)) is amended— clause (i) for 2013, and such reduced fee sched- providers. (1) in the matter preceding clause (i), by strik- ules shall serve as the base for 2014 and subse- (e) MEDPAC REPORT.—The Medicare Pay- ing ‘‘with respect to cost reporting periods be- quent years.’’. ment Advisory Commission shall conduct a ginning on or after October 1, 2005’’ and insert- SEC. 3203. REBASING STATE DSH ALLOTMENTS study of— ing ‘‘and (beginning with respect to cost report- FOR FISCAL YEAR 2021. (1) the appropriateness of the add-on paying periods beginning during fiscal year 2013) Section 1923(f) of the Social Security Act (42 ments for ambulance providers under para- for covered skilled nursing services described in U.S.C. 1396r–4(f)) is amended— graphs (12)(A) and (13)(A) of section 1834(l) of section 1888(e)(2)(A) furnished by hospital pro- (1) by redesignating paragraph (8) as para- the Social Security Act (42 U.S.C. 1395m(l)) and viders of extended care services (as described in graph (9); the treatment of air ambulance providers under section 1883)’’; (2) in paragraph (3)(A) by striking ‘‘para- section 146(b)(1) of the Medicare Improvements (2) in clause (i), by striking ‘‘reduced by’’ and graphs (6) and (7)’’ and inserting ‘‘paragraphs for Patients and Providers Act of 2008 (Public all that follows through ‘‘allowable; and’’ and (6), (7), and (8)’’; and Law 110–275); inserting the following: ‘‘reduced by— (3) by inserting after paragraph (7) the fol- (2) the effect these add-on payments and such ‘‘(I) for cost reporting periods beginning on or lowing new paragraph: treatment have on the Medicare margins of am- after October 1, 2005, but before fiscal year 2013, ‘‘(8) REBASING OF STATE DSH ALLOTMENTS FOR bulance providers; and 30 percent of such amount otherwise allowable; FISCAL YEAR 2021.—With respect to fiscal year (3) whether there is a need to reform the Medi- and 2021, for purposes of applying paragraph (3)(A) care ambulance fee schedule under such section ‘‘(II) for cost reporting periods beginning dur- to determine the DSH allotment for a State, the and, if so, what should such reforms be, including fiscal year 2013 or a subsequent fiscal year, amount of the DSH allotment for the State ing whether the add-on payments should be in- by 35 percent of such amount otherwise allow- under paragraph (3) for fiscal year 2020 shall be cluded in the base rate. able.’’; and equal to the DSH allotment as reduced under Not later than June 15, 2013, the Commission (3) in clause (ii), by striking ‘‘such section paragraph (7).’’. shall submit to the Committees on Ways and shall not be reduced.’’ and inserting ‘‘such sec- SEC. 3204. TECHNICAL CORRECTION TO THE DIS- Means and Energy and Commerce of the House tion— ASTER RECOVERY FMAP PROVISION. of Representatives and the Committee on Fi- ‘‘(I) for cost reporting periods beginning on or (a) IN GENERAL.—Section 1905(aa) of the So- nance of the Senate a report on such study and after October 1, 2005, but before fiscal year 2013, cial Security Act (42 U.S.C. 1396d(aa)) is amend- shall include in the report such recommenda- shall not be reduced; ed— tions as the Commission deems appropriate. ‘‘(II) for cost reporting periods beginning dur- (1) in paragraph (1)— Subtitle B—Other Health Provisions ing fiscal year 2013, shall be reduced by 12 per- (A) in subparagraph (A), by striking ‘‘the SEC. 3101. QUALIFYING INDIVIDUAL PROGRAM. cent of such amount otherwise allowable; Federal medical assistance percentage deter- (a) EXTENSION.—Section 1902(a)(10)(E)(iv) of ‘‘(III) for cost reporting periods beginning mined for the fiscal year’’ and all that follows the Social Security Act (42 U.S.C. during fiscal year 2014, shall be reduced by 24 through the period and inserting ‘‘the State’s

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regular FMAP shall be increased by 50 percent 403(a)(2)(D) of such Act (42 U.S.C. 603(a)(2)(D)) ‘‘(A) DESIGNATION.—The Secretary, in con- of the number of percentage points by which the is amended by striking ‘‘2011’’ each place it ap- sultation with an interagency work group estab- State’s regular FMAP for such fiscal year is less pears and inserting ‘‘2012’’. lished by the Office of Management and Budget, than the Federal medical assistance percentage (c) MAINTENANCE OF EFFORT REQUIREMENT.— and considering State and tribal perspectives, determined for the State for the preceding fiscal Section 409(a)(7) of such Act (42 U.S.C. shall, by rule, designate data exchange stand- year after the application of only subsection (a) 609(a)(7)) is amended— ards to govern the data reporting required under of section 5001 of Public Law 111–5 (if applicable (1) in subparagraph (A), by striking ‘‘fiscal this part. to the preceding fiscal year) and without regard year’’ and all that follows through ‘‘2013’’ and ‘‘(B) REQUIREMENTS.—The data exchange to this subsection, subsections (y) and (z), and inserting ‘‘a fiscal year’’; and standards required by subparagraph (A) shall, subsections (b) and (c) of section 5001 of Public (2) in subparagraph (B)(ii)— to the extent practicable— Law 111–5.’’; and (A) by striking ‘‘for fiscal years 1997 through ‘‘(i) incorporate a widely-accepted, nonpropri- (B) in subparagraph (B), by striking ‘‘Federal 2012,’’; and etary, searchable, computer-readable format; medical assistance percentage determined for (B) by striking ‘‘407(a) for the fiscal year,’’ ‘‘(ii) be consistent with and implement appli- the preceding fiscal year’’ and all that follows and inserting ‘‘407(a),’’. cable accounting principles; and (d) TRIBAL GRANTS.—Section 412(a) of such through the period and inserting ‘‘State’s reg- ‘‘(iii) be capable of being continually up- Act (42 U.S.C. 612(a)) is amended in each of ular FMAP for such fiscal year shall be in- graded as necessary. paragraphs (1)(A) and (2)(A) by striking ‘‘each ‘‘(C) INCORPORATION OF NONPROPRIETARY creased by 25 percent of the number of percent- of fiscal years 1997’’ and all that follows STANDARDS.—In designating reporting standards age points by which the State’s regular FMAP through ‘‘2003’’ and inserting ‘‘fiscal year 2012’’. under this paragraph, the Secretary shall, to for such fiscal year is less than the Federal med- (e) STUDIES AND DEMONSTRATIONS.—Section the extent practicable, incorporate existing non- ical assistance percentage received by the State 413(h)(1) of such Act (42 U.S.C. 613(h)(1)) is proprietary standards, such as the eXtensible during the preceding fiscal year.’’; amended by striking ‘‘each of fiscal years 1997 (2) in paragraph (2)— Markup Language.’’. through 2002’’ and inserting ‘‘fiscal year 2012’’. (b) EFFECTIVE DATES.— (A) in subparagraph (A)— (f) CENSUS BUREAU STUDY.—Section 414(b) of (1) DATA EXCHANGE STANDARDS.—The Sec- (i) by striking ‘‘Federal medical assistance such Act (42 U.S.C. 614(b)) is amended by strik- retary of Health and Human Services shall issue percentage determined for the State for the fis- ing ‘‘each of fiscal years 1996’’ and all that fol- a proposed rule under section 411(d)(1) of the cal year’’ and all that follows through ‘‘Act,’’ lows through ‘‘2003’’ and inserting ‘‘fiscal year Social Security Act within 12 months after the and inserting ‘‘State’s regular FMAP for the fis- 2012’’. date of the enactment of this section, and shall cal year’’; and (g) CHILD CARE ENTITLEMENT.—Section issue a final rule under such section 411(d)(1), (ii) by striking ‘‘subsection (y)’’ and inserting 418(a)(3) of such Act (42 U.S.C. 618(a)(3)) is after public comment, within 24 months after ‘‘subsections (y) and (z)’’; and amended by striking ‘‘appropriated’’ and all (B) in subparagraph (B), by striking ‘‘Federal such date of enactment. that follows and inserting ‘‘appropriated (2) DATA REPORTING STANDARDS.—The report- medical assistance percentage determined for $2,917,000,000 for fiscal year 2012.’’. ing standards required under section 411(d)(2) of the State for the fiscal year’’ and all that fol- (h) GRANTS TO TERRITORIES.—Section such Act shall become effective with respect to lows through ‘‘Act,’’ and inserting ‘‘State’s reg- 1108(b)(2) of such Act (42 U.S.C. 1308(b)(2)) is reports required in the first reporting period, ular FMAP for the fiscal year’’; amended by striking ‘‘fiscal years 1997 through after the effective date of the final rule referred (3) by redesignating paragraph (3) as para- 2003’’ and inserting ‘‘fiscal year 2012’’. to in paragraph (1) of this subsection, for which graph (4); and (i) PREVENTION OF DUPLICATE APPROPRIA- the authority for data collection and reporting (4) by inserting after paragraph (2) the fol- TIONS FOR FISCAL YEAR 2012.—Expenditures is established or renewed under the Paperwork lowing: made pursuant to the Short-Term TANF Exten- Reduction Act. ‘‘(3) In this subsection, the term ‘regular sion Act (Public Law 112–35) and the Temporary FMAP’ means, for each fiscal year for which SEC. 4004. SPENDING POLICIES FOR ASSISTANCE Payroll Tax Cut Continuation Act of 2011 (Pub- UNDER STATE TANF PROGRAMS. this subsection applies to a State, the Federal lic Law 112–78) for fiscal year 2012 shall be (a) STATE REQUIREMENT.—Section 408(a) of medical assistance percentage that would other- charged to the applicable appropriation or au- the Social Security Act (42 U.S.C. 608(a)) is wise apply to the State for the fiscal year, as de- thorization provided by the amendments made amended by adding at the end the following: termined under subsection (b) and without re- by this section for such fiscal year. ‘‘(12) STATE REQUIREMENT TO PREVENT UNAU- gard to this subsection, subsections (y) and (z), (j) EFFECTIVE DATE.—This section and the THORIZED SPENDING OF BENEFITS.— and section 10202 of the Patient Protection and amendments made by this section shall take ef- ‘‘(A) IN GENERAL.—A State to which a grant is Affordable Care Act.’’. fect on the date of the enactment of this Act. made under section 403 shall maintain policies (b) EFFECTIVE DATE.—The amendments made SEC. 4003. DATA EXCHANGE STANDARDIZATION and practices as necessary to prevent assistance by subsection (a) shall take effect on October 1, FOR IMPROVED INTEROPERABILITY. provided under the State program funded under 2013. (a) IN GENERAL.—Section 411 of the Social Se- this part from being used in any electronic ben- SEC. 3205. PREVENTION AND PUBLIC HEALTH curity Act (42 U.S.C. 611) is amended by adding efit transfer transaction in— FUND. at the end the following: ‘‘(i) any liquor store; Section 4002(b) of the Patient Protection and ‘‘(d) DATA EXCHANGE STANDARDIZATION FOR ‘‘(ii) any casino, gambling casino, or gaming Affordable Care Act (42 U.S.C. 300u–11(b)) is IMPROVED INTEROPERABILITY.— establishment; or amended by striking paragraphs (2) through (6) ‘‘(1) DATA EXCHANGE STANDARDS.— ‘‘(iii) any retail establishment which provides and inserting the following: ‘‘(A) DESIGNATION.—The Secretary, in con- adult-oriented entertainment in which per- ‘‘(2) for each of fiscal years 2012 through 2017, sultation with an interagency work group formers disrobe or perform in an unclothed state $1,000,000,000; which shall be established by the Office of Man- for entertainment. ‘‘(3) for each of fiscal years 2018 and 2019, agement and Budget, and considering State and ‘‘(B) DEFINITIONS.—For purposes of subpara- $1,250,000,000; tribal perspectives, shall, by rule, designate a graph (A)— ‘‘(4) for each of fiscal years 2020 and 2021, data exchange standard for any category of in- ‘‘(i) LIQUOR STORE.—The term ‘liquor store’ $1,500,000,000; and formation required to be reported under this means any retail establishment which sells ex- ‘‘(5) for fiscal year 2022, and each fiscal year part. clusively or primarily intoxicating liquor. Such thereafter, $2,000,000,000.’’. ‘‘(B) DATA EXCHANGE STANDARDS MUST BE term does not include a grocery store which sells TITLE IV—TANF EXTENSION NONPROPRIETARY AND INTEROPERABLE.—The both intoxicating liquor and groceries including data exchange standard designated under sub- staple foods (within the meaning of section 3(r) SEC. 4001. SHORT TITLE. paragraph (A) shall, to the extent practicable, of the Food and Nutrition Act of 2008 (7 U.S.C. This title may be cited as the ‘‘Welfare Integ- be nonproprietary and interoperable. 2012(r))). rity and Data Improvement Act’’. ‘‘(C) OTHER REQUIREMENTS.—In designating ‘‘(ii) CASINO, GAMBLING CASINO, OR GAMING ES- SEC. 4002. EXTENSION OF PROGRAM. data exchange standards under this section, the TABLISHMENT.—The terms ‘casino’, ‘gambling (a) FAMILY ASSISTANCE GRANTS.—Section Secretary shall, to the extent practicable, incor- casino’, and ‘gaming establishment’ do not in- 403(a)(1) of the Social Security Act (42 U.S.C. porate— clude— 603(a)(1)) is amended— ‘‘(i) interoperable standards developed and ‘‘(I) a grocery store which sells groceries in- (1) in subparagraph (A), by striking ‘‘each of maintained by an international voluntary con- cluding such staple foods and which also offers, fiscal years 1996’’ and all that follows through sensus standards body, as defined by the Office or is located within the same building or com- ‘‘2003’’ and inserting ‘‘fiscal year 2012’’; of Management and Budget, such as the Inter- plex as, casino, gambling, or gaming activities; (2) in subparagraph (B)— national Organization for Standardization; or (A) by inserting ‘‘(as in effect just before the ‘‘(ii) interoperable standards developed and ‘‘(II) any other establishment that offers ca- enactment of the Welfare Integrity and Data maintained by intergovernmental partnerships, sino, gambling, or gaming activities incidental Improvement Act)’’ after ‘‘this paragraph’’ the such as the National Information Exchange to the principal purpose of the business. 1st place it appears; and Model; and ‘‘(iii) ELECTRONIC BENEFIT TRANSFER TRANS- (B) by inserting ‘‘(as so in effect)’’ after ‘‘this ‘‘(iii) interoperable standards developed and ACTION.—The term ‘electronic benefit transfer paragraph’’ the 2nd place it appears; and maintained by Federal entities with authority transaction’ means the use of a credit or debit (3) in subparagraph (C), by striking ‘‘2003’’ over contracting and financial assistance, such card service, automated teller machine, point-of- and inserting ‘‘2012’’. as the Federal Acquisition Regulatory Council. sale terminal, or access to an online system for (b) HEALTHY MARRIAGE PROMOTION AND RE- ‘‘(2) DATA EXCHANGE STANDARDS FOR REPORT- the withdrawal of funds or the processing of a SPONSIBLE FATHERHOOD GRANTS.—Section ING.— payment for merchandise or a service.’’.

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(b) PENALTY.—Section 409(a) of such Act (42 (2) in paragraph (36), by striking the period (ii) in paragraph (5), by striking ‘‘section U.S.C. 609(a)) is amended by adding at the end and inserting ‘‘; and’’; and 8415(f)(1)’’ and inserting ‘‘section 8415(g)(1)’’. the following: (3) by adding at the end the following: (G) Section 303(b)(1) of the Central Intel- ‘‘(16) PENALTY FOR FAILURE TO ENFORCE ‘‘(37) the term ‘revised annuity employee’ ligence Agency Retirement Act (50 U.S.C. SPENDING POLICIES.— means any individual who— 2153(b)(1)) is amended by striking ‘‘section ‘‘(A) on December 31, 2012— ‘‘(A) IN GENERAL.—If, within 2 years after the 8415(d)’’ and inserting ‘‘section 8415(e)’’. date of the enactment of this paragraph, any ‘‘(i) is not an employee or Member covered SEC. 5002. FOREIGN SERVICE PENSION SYSTEM. State has not reported to the Secretary on such under this chapter; ‘‘(ii) is not performing civilian service which is State’s implementation of the policies and prac- (a) DEFINITION.—Section 852 of the Foreign creditable service under section 8411; and tices required by section 408(a)(12), or the Sec- Service Act of 1980 (22 U.S.C. 4071a) is amend- ‘‘(iii) has less than 5 years of creditable civil- retary determines, based on the information pro- ed— ian service under section 8411; and (1) by redesignating paragraphs (7), (8), and vided in State reports, that any State has not ‘‘(B) after December 31, 2012, becomes em- (9) as paragraphs (8), (9), and (10), respectively; implemented and maintained such policies and ployed as an employee or becomes a Member and practices, the Secretary shall reduce, by an covered under this chapter performing service amount equal to 5 percent of the State family which is creditable service under section 8411.’’. (2) by inserting after paragraph (6) the fol- assistance grant, the grant payable to such (b) INCREASE IN CONTRIBUTIONS.—Section lowing: State under section 403(a)(1) for— 8422(a)(3) of title 5, United States Code, is ‘‘(7) the term ‘revised annuity participant’ ‘‘(i) the fiscal year immediately succeeding the amended— means any individual who— year in which such 2-year period ends; and (1) by striking ‘‘The applicable percentage ‘‘(A) on December 31, 2012— ‘‘(ii) each succeeding fiscal year in which the under this paragraph for civilian service’’ and ‘‘(i) is not a participant; State does not demonstrate that such State has inserting ‘‘(A) The applicable percentage under implemented and maintained such policies and ‘‘(ii) is not performing service which is cred- this paragraph for civilian service by employees itable service under section 854; and practices. or Members other than revised annuity employ- ‘‘(iii) has less than 5 years creditable service ‘‘(B) REDUCTION OF APPLICABLE PENALTY.— ees’’; and The Secretary may reduce the amount of the re- (2) by adding at the end the following: under section 854; and duction required under subparagraph (A) based ‘‘(B) The applicable percentage under this ‘‘(B) after December 31, 2012, becomes a par- on the degree of noncompliance of the State. paragraph for civilian service by revised annu- ticipant performing service which is creditable ‘‘(C) STATE NOT RESPONSIBLE FOR INDIVIDUAL ity employees shall be as follows: service under section 854;’’. VIOLATIONS.—Fraudulent activity by any indi- (b) DEDUCTIONS AND WITHHOLDINGS FROM vidual in an attempt to circumvent the policies ‘‘Employee 9.3 After De- PAY.—Section 856(a)(2) of the Foreign Service and practices required by section 408(a)(12) shall cember Act of 1980 (22 U.S.C. 4071e(a)(2)) is amended— 31, 2012. not trigger a State penalty under subparagraph (1) by striking ‘‘The applicable percentage (A).’’. Congressional employee 9.3 After De- cember under this subsection’’ and inserting ‘‘(A) The (c) ADDITIONAL STATE PLAN REQUIREMENTS.— 31, 2012. applicable percentage for a participant other Section 402(a)(1)(A) of such Act (42 U.S.C. Member 9.3 After De- than a revised annuity participant’’; and 602(a)(1)(A)) is amended by adding at the end cember (2) by adding at the end the following: the following: 31, 2012. ‘‘(B) The applicable percentage for a revised ‘‘(vii) Implement policies and procedures as Law enforcement officer, fire- 9.8 After De- annuity participant shall be as follows: necessary to prevent access to assistance pro- fighter, member of the Capitol cember vided under the State program funded under Police, member of the Su- 31, 2012. ‘‘9.85 ...... After December 31, 2012’’. preme Court Police, or air this part through any electronic fund trans- traffic controller SEC. 5003. CENTRAL INTELLIGENCE AGENCY RE- action in an automated teller machine or point- Nuclear materials courier 9.8 After De- TIREMENT AND DISABILITY SYSTEM. of-sale device located in a place described in sec- cember Section 211(a) of the Central Intelligence tion 408(a)(12), including a plan to ensure that 31, 2012. Agency Retirement Act (50 U.S.C. 2021(a)) is recipients of the assistance have adequate ac- Customs and border protection 9.8 After De- amended— cess to their cash assistance. officer cember ‘‘(viii) Ensure that recipients of assistance 31, (1) by redesignating paragraph (3) as para- provided under the State program funded under 2012.’’. graph (4); and this part have access to using or withdrawing (2) by striking paragraphs (1) and (2) and in- (c) REDUCTION IN CONGRESSIONAL ANNU- assistance with minimal fees or charges, includ- serting the following: ITIES.— ing an opportunity to access assistance with no ‘‘(1) DEFINITION.—In this subsection, the term (1) IN GENERAL.—Section 8415 of title 5, United fee or charges, and are provided information on States Code, is amended— ‘revised annuity participant’ means an indi- applicable fees and surcharges that apply to (A) by redesignating subsections (d) through vidual who— electronic fund transactions involving the as- (m) as subsections (e) through (n), respectively; ‘‘(A) on December 31, 2012— sistance, and that such information is made and ‘‘(i) is not a participant; publicly available.’’. (B) by inserting after subsection (c) the fol- ‘‘(ii) is not performing qualifying service; and (d) CONFORMING AMENDMENT.—Section lowing: 409(c)(4) of such Act (42 U.S.C. 609(c)(4)) is ‘‘(iii) has less than 5 years of qualifying serv- ‘‘(d) Notwithstanding any other provision of ice; and amended by striking ‘‘or (13)’’ and inserting law, the annuity of an individual described in ‘‘(B) after December 31, 2012, becomes a par- ‘‘(13), or (16)’’. subsection (b) or (c) who is a revised annuity ticipant performing qualifying service. SEC. 4005. TECHNICAL CORRECTIONS. employee shall be computed in the same manner (a) Section 404(d)(1)(A) of the Social Security as in the case of an individual described in sub- ‘‘(2) CONTRIBUTIONS.— Act (42 U.S.C. 604(d)(1)(A)) is amended by strik- section (a).’’. ‘‘(A) IN GENERAL.—Except as provided in sub- ing ‘‘subtitle 1 of Title’’ and inserting ‘‘Subtitle (2) TECHNICAL AND CONFORMING AMEND- section (d), 7 percent of the basic pay received A of title’’. MENTS.— by a participant other than a revised annuity (b) Sections 407(c)(2)(A)(i) and 409(a)(3)(C) of (A) Section 8422(d)(2) of title 5, United States participant for any pay period shall be deducted such Act (42 U.S.C. 607(c)(2)(A)(i) and Code, is amended by striking ‘‘section 8415(l)’’ and withheld from the pay of that participant 609(a)(3)(C)) are each amended by striking and inserting ‘‘section 8415(m)’’. and contributed to the fund. ‘‘403(b)(6)’’ and inserting ‘‘403(b)(5)’’. (B) Section 8452(d)(1) of title 5, United States ‘‘(B) REVISED ANNUITY PARTICIPANTS.—Except (c) Section 409(a)(2)(A) of such Act (42 U.S.C. Code, is amended by striking ‘‘subsection (g)’’ as provided in subsection (d), 9.3 percent of the 609(a)(2)(A)) is amended by moving clauses (i) and inserting ‘‘subsection (h)’’. basic pay received by a revised annuity partici- and (ii) 2 ems to the right. (C) Section 8468(b)(1)(A) of title 5, United pant for any pay period shall be deducted and (d) Section 409(c)(2) of such Act (42 U.S.C. States Code, is amended by striking ‘‘section withheld from the pay of that revised annuity 609(c)(2)) is amended by inserting a comma after 8415(a) through (h)’’ and inserting ‘‘section participant and contributed to the fund. 8415(a) through (i)’’. ‘‘appropriate’’. ‘‘(3) AGENCY CONTRIBUTIONS.— (D) Section 805(a)(2)(B) of the Foreign Service (e) Section 411(a)(1)(A)(ii)(III) of such Act (42 Act of 1980 (22 U.S.C. 4045(a)(2)(B)) is amended ‘‘(A) IN GENERAL.—An amount equal to 7 per- U.S.C. 611(a)(1)(A)(ii)(III)) is amended by strik- by striking ‘‘section 8415(d)’’ and inserting ‘‘sec- cent of the basic pay received by a participant ing the last close parenthesis. tion 8415(e)’’. other than a revised annuity participant shall TITLE V—FEDERAL EMPLOYEES (E) Section 806(a) of the Foreign Service Act be contributed to the fund for a pay period for RETIREMENT of 1980 (22 U.S.C. 4046(a)) is amended by strik- the participant from the appropriation or fund SEC. 5001. INCREASE IN CONTRIBUTIONS TO FED- ing ‘‘section 8415(d)’’ each place it appears and which is used for payment of the participant’s ERAL EMPLOYEES’ RETIREMENT SYS- inserting ‘‘section 8415(e)’’. basic pay. TEM FOR NEW EMPLOYEES. (F) Section 855(b) of the Foreign Service Act of ‘‘(B) REVISED ANNUITY PARTICIPANTS.—An (a) DEFINITIONS.—Section 8401 of title 5, 1980 (22 U.S.C. 4071d(b)) is amended— amount equal to 4.7 percent of the basic pay re- United States Code, is amended— (i) in paragraph (2)(A), by striking ‘‘section ceived by a revised annuity participant shall be (1) in paragraph (35), by striking ‘‘and’’ at 8415(d)(1)’’ and inserting ‘‘section 8415(e)(1)’’; contributed to the fund for a pay period for the the end; and revised annuity participant from

VerDate Mar 15 2010 06:47 Feb 17, 2012 Jkt 019060 PO 00000 Frm 00042 Fmt 4634 Sfmt 6333 E:\CR\FM\A16FE7.005 H16FEPT1 jbell on DSK7SPTVN1PROD with HOUSE February 16, 2012 CONGRESSIONAL RECORD — HOUSE H847 the appropriation or fund which is used for (A) through voice, text, or video and related (A) has the meaning given the term in section payment of the revised annuity participant’s data; and 337(f) of the Communications Act of 1934 (47 basic pay.’’. (B) nonhuman-initiated automatic event U.S.C. 337(f)); and TITLE VI—PUBLIC SAFETY COMMUNICA- alerts, such as alarms, telematics, or sensor (B) includes services provided by emergency TIONS AND ELECTROMAGNETIC SPEC- data, which may also include real-time voice, response providers, as that term is defined in TRUM AUCTIONS text, or video communications. section 2 of the Homeland Security Act of 2002 (14) EXISTING PUBLIC SAFETY BROADBAND SEC. 6001. DEFINITIONS. (6 U.S.C. 101). SPECTRUM.—The term ‘‘existing public safety In this title: broadband spectrum’’ means the portion of the (28) PUBLIC SAFETY TRUST FUND.—The term (1) 700 MHZ BAND.—The term ‘‘700 MHz band’’ electromagnetic spectrum between the fre- ‘‘Public Safety Trust Fund’’ means the trust means the portion of the electromagnetic spec- quencies— fund established under section 6413(a)(1). trum between the frequencies from 698 mega- (A) from 763 megahertz to 768 megahertz; (29) RADIO ACCESS NETWORK.—The term hertz to 806 megahertz. (B) from 793 megahertz to 798 megahertz; ‘‘radio access network’’ means the radio access (2) 700 MHZ D BLOCK SPECTRUM.—The term (C) from 768 megahertz to 769 megahertz; and network described in section 6202(b)(2). ‘‘700 MHz D block spectrum’’ means the portion (D) from 798 megahertz to 799 megahertz. EVERSE AUCTION of the electromagnetic spectrum between the fre- (15) FIRST RESPONDER NETWORK AUTHORITY.— (30) R .—The term ‘‘reverse quencies from 758 megahertz to 763 megahertz The term ‘‘First Responder Network Authority’’ auction’’ means the portion of an incentive auc- and between the frequencies from 788 megahertz means the First Responder Network Authority tion of broadcast television spectrum under sec- to 793 megahertz. established under section 6204. tion 6403(a), in which a broadcast television li- (3) APPROPRIATE COMMITTEES OF CONGRESS.— (16) FORWARD AUCTION.—The term ‘‘forward censee may submit bids stating the amount it Except as otherwise specifically provided, the auction’’ means the portion of an incentive auc- would accept for voluntarily relinquishing some term ‘‘appropriate committees of Congress’’ tion of broadcast television spectrum under sec- or all of its broadcast television spectrum usage means— tion 6403(c). rights. (A) the Committee on Commerce, Science, and (17) INCENTIVE AUCTION.—The term ‘‘incentive (31) STATE.—The term ‘‘State’’ has the mean- Transportation of the Senate; and auction’’ means a system of competitive bidding ing given such term in section 3 of the Commu- (B) the Committee on Energy and Commerce under subparagraph (G) of section 309(j)(8) of nications Act of 1934 (47 U.S.C. 153). of the House of Representatives. the Communications Act of 1934, as added by (32) ULTRA HIGH FREQUENCY.—The term (4) ASSISTANT SECRETARY.—The term ‘‘Assist- section 6402. ‘‘ultra high frequency’’ means, with respect to a ant Secretary’’ means the Assistant Secretary of (18) INTEROPERABILITY BOARD.—The term television channel, that the channel is located Commerce for Communications and Information. ‘‘Interoperability Board’’ means the Technical in the portion of the electromagnetic spectrum (5) BOARD.—The term ‘‘Board’’ means the Advisory Board for First Responder Interoper- between the frequencies from 470 megahertz to Board of the First Responder Network Authority ability established under section 6203. 698 megahertz. established under section 6204(b). (19) MULTICHANNEL VIDEO PROGRAMMING DIS- (6) BROADCAST TELEVISION LICENSEE.—The TRIBUTOR.—The term ‘‘multichannel video pro- (33) VERY HIGH FREQUENCY.—The term ‘‘very term ‘‘broadcast television licensee’’ means the gramming distributor’’ has the meaning given high frequency’’ means, with respect to a tele- licensee of— such term in section 602 of the Communications vision channel, that the channel is located in (A) a full-power television station; or Act of 1934 (47 U.S.C. 522). the portion of the electromagnetic spectrum be- (B) a low-power television station that has (20) NARROWBAND SPECTRUM.—The term tween the frequencies from 54 megahertz to 72 been accorded primary status as a Class A tele- ‘‘narrowband spectrum’’ means the portion of megahertz, from 76 megahertz to 88 megahertz, vision licensee under section 73.6001(a) of title the electromagnetic spectrum between the fre- or from 174 megahertz to 216 megahertz. 47, Code of Federal Regulations. quencies from 769 megahertz to 775 megahertz SEC. 6002. RULE OF CONSTRUCTION. (7) BROADCAST TELEVISION SPECTRUM.—The and between the frequencies from 799 megahertz term ‘‘broadcast television spectrum’’ means the to 805 megahertz. Each range of frequencies described in this portions of the electromagnetic spectrum be- (21) NATIONWIDE PUBLIC SAFETY BROADBAND title shall be construed to be inclusive of the tween the frequencies from 54 megahertz to 72 NETWORK.—The term ‘‘nationwide public safety upper and lower frequencies in the range. megahertz, from 76 megahertz to 88 megahertz, broadband network’’ means the nationwide, SEC. 6003. ENFORCEMENT. from 174 megahertz to 216 megahertz, and from interoperable public safety broadband network 470 megahertz to 698 megahertz. described in section 6202. (a) IN GENERAL.—The Commission shall imple- (8) COMMERCIAL MOBILE DATA SERVICE.—The (22) NEXT GENERATION 9–1–1 SERVICES.—The ment and enforce this title as if this title is a term ‘‘commercial mobile data service’’ means term ‘‘Next Generation 9–1–1 services’’ means an part of the Communications Act of 1934 (47 any mobile service (as defined in section 3 of the IP-based system comprised of hardware, soft- U.S.C. 151 et seq.). A violation of this title, or a Communications Act of 1934 (47 U.S.C. 153)) ware, data, and operational policies and proce- regulation promulgated under this title, shall be that is— dures that— considered to be a violation of the Communica- (A) a data service; (A) provides standardized interfaces from tions Act of 1934, or a regulation promulgated (B) provided for profit; and emergency call and message services to support under such Act, respectively. (C) available to the public or such classes of emergency communications; (b) EXCEPTIONS.— eligible users as to be effectively available to a (B) processes all types of emergency calls, in- substantial portion of the public, as specified by cluding voice, text, data, and multimedia infor- (1) OTHER AGENCIES.—Subsection (a) does not regulation by the Commission. mation; apply in the case of a provision of this title that (9) COMMERCIAL MOBILE SERVICE.—The term (C) acquires and integrates additional emer- is expressly required to be carried out by an ‘‘commercial mobile service’’ has the meaning gency call data useful to call routing and han- agency (as defined in section 551 of title 5, given such term in section 332 of the Commu- dling; United States Code) other than the Commission. nications Act of 1934 (47 U.S.C. 332). (D) delivers the emergency calls, messages, (2) NTIA REGULATIONS.—The Assistant Sec- (10) COMMERCIAL STANDARDS.—The term and data to the appropriate public safety an- retary may promulgate such regulations as are ‘‘commercial standards’’ means the technical swering point and other appropriate emergency necessary to implement and enforce any provi- standards followed by the commercial mobile entities; sion of this title that is expressly required to be service and commercial mobile data service in- (E) supports data or video communications carried out by the Assistant Secretary. dustries for network, device, and Internet Pro- needs for coordinated incident response and tocol connectivity. Such term includes standards management; and SEC. 6004. NATIONAL SECURITY RESTRICTIONS ON USE OF FUNDS AND AUCTION developed by the Third Generation Partnership (F) provides broadband service to public safe- PARTICIPATION. Project (3GPP), the Institute of Electrical and ty answering points or other first responder en- Electronics Engineers (IEEE), the Alliance for tities. (a) USE OF FUNDS.—No funds made available Telecommunications Industry Solutions (ATIS), (23) NIST.—The term ‘‘NIST’’ means the Na- by subtitle B or C may be used to make pay- the Internet Engineering Task Force (IETF), tional Institute of Standards and Technology. ments under a contract to a person described in and the International Telecommunication (24) NTIA.—The term ‘‘NTIA’’ means the Na- subsection (c). Union (ITU). tional Telecommunications and Information Ad- (b) AUCTION PARTICIPATION.—A person de- (11) COMMISSION.—The term ‘‘Commission’’ ministration. scribed in subsection (c) may not participate in means the Federal Communications Commission. (25) PUBLIC SAFETY ANSWERING POINT.—The a system of competitive bidding under section (12) CORE NETWORK.—The term ‘‘core net- term ‘‘public safety answering point’’ has the 309(j) of the Communications Act of 1934 (47 work’’ means the core network described in sec- meaning given such term in section 222 of the U.S.C. 309(j))— tion 6202(b)(1). Communications Act of 1934 (47 U.S.C. 222). (1) that is required to be conducted by this (13) EMERGENCY CALL.—The term ‘‘emergency (26) PUBLIC SAFETY ENTITY.—The term ‘‘public call’’ means any real-time communication with safety entity’’ means an entity that provides title; or a public safety answering point or other emer- public safety services. (2) in which any spectrum usage rights for gency management or response agency, includ- (27) PUBLIC SAFETY SERVICES.—The term which licenses are being assigned were made ing— ‘‘public safety services’’— available under clause (i) of subparagraph

VerDate Mar 15 2010 05:05 Feb 17, 2012 Jkt 019060 PO 00000 Frm 00043 Fmt 4634 Sfmt 6333 E:\CR\FM\A16FE7.005 H16FEPT1 jbell on DSK7SPTVN1PROD with HOUSE H848 CONGRESSIONAL RECORD — HOUSE February 16, 2012 (G) of paragraph (8) of such section, as added under this Act. A renewal license granted under Board shall be appointed for the life of the by section 6402. this paragraph shall be for a term of not to ex- Interoperability Board. (c) PERSON DESCRIBED.—A person described in ceed 10 years. (B) REMOVAL FOR CAUSE.—A member of the this subsection is a person who has been, for (c) FACILITATION OF TRANSITION.—The Com- Interoperability Board may be removed for reasons of national security, barred by any mission shall take all actions necessary to facili- cause upon the determination of the Chairman agency of the Federal Government from bidding tate the transition of the existing public safety of the Commission. on a contract, participating in an auction, or broadband spectrum to the First Responder Net- (3) VACANCIES.—Any vacancy in the Inter- receiving a grant. work Authority. operability Board shall not affect the powers of Subtitle A—Reallocation of Public Safety SEC. 6202. PUBLIC SAFETY BROADBAND NET- the Interoperability Board, and shall be filled in WORK. Spectrum the same manner as the original appointment. (a) ESTABLISHMENT.—The First Responder SEC. 6101. REALLOCATION OF D BLOCK TO PUB- (4) CHAIRPERSON AND VICE CHAIRPERSON.—The LIC SAFETY. Network Authority shall ensure the establishment of a nationwide, interoperable public safe- Interoperability Board shall select a Chair- (a) IN GENERAL.—The Commission shall re- ty broadband network. person and Vice Chairperson from among the allocate the 700 MHz D block spectrum for use members of the Interoperability Board. by public safety entities in accordance with the (b) NETWORK COMPONENTS.—The nationwide (5) QUORUM.—A majority of the members of provisions of this Act. public safety broadband network shall be based on a single, national network architecture that the Interoperability Board shall constitute a (b) SPECTRUM ALLOCATION.—Section 337(a) of evolves with technological advancements and quorum. the Communications Act of 1934 (47 U.S.C. initially consists of— 337(a)) is amended— (c) DUTIES OF THE INTEROPERABILITY (1) a core network that— (1) by striking ‘‘24’’ in paragraph (1) and in- BOARD.— (A) consists of national and regional data serting ‘‘34’’; and (1) DEVELOPMENT OF TECHNICAL REQUIRE- centers, and other elements and functions that (2) by striking ‘‘36’’ in paragraph (2) and in- MENTS.—Not later than 90 days after the date of may be distributed geographically, all of which serting ‘‘26’’. enactment of this Act, the Interoperability shall be based on commercial standards; and Board, in consultation with the NTIA, NIST, SEC. 6102. FLEXIBLE USE OF NARROWBAND SPEC- (B) provides the connectivity between— TRUM. and the Office of Emergency Communications of (i) the radio access network; and the Department of Homeland Security, shall— The Commission may allow the narrowband (ii) the public Internet or the public switched spectrum to be used in a flexible manner, includ- network, or both; and (A) develop recommended minimum technical ing usage for public safety broadband commu- (2) a radio access network that— requirements to ensure a nationwide level of nications, subject to such technical and inter- (A) consists of all cell site equipment, anten- interoperability for the nationwide public safety ference protection measures as the Commission nas, and backhaul equipment, based on commer- broadband network; and may require. cial standards, that are required to enable wire- (B) submit to the Commission for review in ac- SEC. 6103. 470–512 MHZ PUBLIC SAFETY SPEC- less communications with devices using the pub- cordance with paragraph (3) recommended min- TRUM. lic safety broadband spectrum; and imum technical requirements described in sub- (a) IN GENERAL.—Not later than 9 years after (B) shall be developed, constructed, managed, paragraph (A). the date of enactment of this title, the Commis- maintained, and operated taking into account (2) CONSIDERATION.—In developing rec- sion shall— the plans developed in the State, local, and trib- ommended minimum technical requirements (1) reallocate the spectrum in the 470–512 MHz al planning and implementation grant program under paragraph (1), the Interoperability Board band (referred to in this section as the ‘‘T-Band under section 6302(a). shall base the recommended minimum technical spectrum’’) currently used by public safety eligi- SEC. 6203. PUBLIC SAFETY INTEROPERABILITY requirements on the commercial standards for bles as identified in section 90.303 of title 47, BOARD. Long Term Evolution (LTE) service. Code of Federal Regulations; and (a) ESTABLISHMENT.—There is established (3) APPROVAL OF RECOMMENDATIONS.— (2) begin a system of competitive bidding within the Commission an advisory board to be under section 309(j) of the Communications Act known as the ‘‘Technical Advisory Board for (A) IN GENERAL.—Not later than 30 days after of 1934 (47 U.S.C. 309(j)) to grant new initial li- First Responder Interoperability’’. the date on which the Interoperability Board submits recommended minimum technical re- censes for the use of the spectrum described in (b) MEMBERSHIP.— paragraph (1). quirements under paragraph (1)(B), the Commis- (1) IN GENERAL.— sion shall approve the recommendations, with (b) AUCTION PROCEEDS.—Proceeds (including (A) VOTING MEMBERS.—Not later than 30 days any revisions it deems necessary, and transmit deposits and upfront payments from successful after the date of enactment of this title, the such recommendations to the First Responder bidders) from the competitive bidding system de- Chairman of the Commission shall appoint 14 Network Authority. scribed in subsection (a)(2) shall be available to voting members to the Interoperability Board, of the Assistant Secretary to make grants in such which— (B) REVIEW.—Any actions taken under sub- sums as necessary to cover relocation costs for (i) 4 members shall be representatives of wire- paragraph (A) shall not be reviewable as a final the relocation of public safety entities from the less providers, of which— agency action. T-Band spectrum. (I) 2 members shall be representatives of na- (d) TRAVEL EXPENSES.—The members of the (c) RELOCATION.—Relocation shall be com- tional wireless providers; Interoperability Board shall be allowed travel pleted not later than 2 years after the date on (II) 1 member shall be a representative of re- expenses, including per diem in lieu of subsist- which the system of competitive bidding de- gional wireless providers; and ence, at rates authorized for employees of agen- scribed in subsection (a)(2) is completed. (III) 1 member shall be a representative of cies under subchapter I of chapter 57 of title 5, Subtitle B—Governance of Public Safety rural wireless providers; United States Code, while away from their Spectrum (ii) 3 members shall be representatives of homes or regular places of business in the per- SEC. 6201. SINGLE PUBLIC SAFETY WIRELESS equipment manufacturers; formance of services for the Interoperability NETWORK LICENSEE. (iii) 4 members shall be representatives of pub- Board. (a) REALLOCATION AND GRANT OF LICENSE.— lic safety entities, of which— (e) EXEMPTION FROM FACA.—The Federal Notwithstanding any other provision of law, (I) not less than 1 member shall be a rep- Advisory Committee Act (5 U.S.C. App.) shall and subject to the provisions of this Act, the resentative of management level employees of not apply to the Interoperability Board. public safety entities; and Commission shall reallocate and grant a license (f) TERMINATION OF AUTHORITY.—The Inter- to the First Responder Network Authority for (II) not less than 1 member shall be a rep- operability Board shall terminate 15 days after the use of the 700 MHz D block spectrum and ex- resentative of employees of public safety enti- the date on which the Commission transmits the isting public safety broadband spectrum. ties; recommendations to the First Responder Net- (b) TERM OF LICENSE.— (iv) 3 members shall be representatives of State work Authority under subsection (c)(3)(A). (1) INITIAL LICENSE.—The license granted and local governments, chosen to reflect geo- under subsection (a) shall be for an initial term graphic and population density differences SEC. 6204. ESTABLISHMENT OF THE FIRST RE- of 10 years from the date of the initial issuance across the United States; and SPONDER NETWORK AUTHORITY. of the license. (v) all members shall have specific expertise (a) ESTABLISHMENT.—There is established as (2) RENEWAL OF LICENSE.—Prior to expiration necessary to developing technical requirements an independent authority within the NTIA the of the term of the initial license granted under under this section, such as technical expertise, ‘‘First Responder Network Authority’’ or subsection (a) or the expiration of any subse- public safety communications expertise, and ‘‘FirstNet’’. quent renewal of such license, the First Re- commercial network experience. (b) BOARD.— sponder Network Authority shall submit to the (B) NON-VOTING MEMBER.—The Assistant Sec- (1) IN GENERAL.—The First Responder Net- Commission an application for the renewal of retary shall appoint 1 non-voting member to the work Authority shall be headed by a Board, such license. Such renewal application shall Interoperability Board. which shall consist of— demonstrate that, during the preceding license (2) PERIOD OF APPOINTMENT.— term, the First Responder Network Authority (A) IN GENERAL.—Except as provided in sub- (A) the Secretary of Homeland Security; has met the duties and obligations set forth paragraph (B), members of the Interoperability (B) the Attorney General of the United States;

VerDate Mar 15 2010 05:05 Feb 17, 2012 Jkt 019060 PO 00000 Frm 00044 Fmt 4634 Sfmt 6333 E:\CR\FM\A16FE7.005 H16FEPT1 jbell on DSK7SPTVN1PROD with HOUSE February 16, 2012 CONGRESSIONAL RECORD — HOUSE H849 (C) the Director of the Office of Management (iii) 4 members shall serve for a term of 1 year. SEC. 6206. POWERS, DUTIES, AND RESPONSIBIL- ITIES OF THE FIRST RESPONDER and Budget; and (3) VACANCIES.—A vacancy in the membership NETWORK AUTHORITY. (D) 12 individuals appointed by the Secretary of the Board shall not affect the Board’s pow- of Commerce in accordance with paragraph (2). ers, and shall be filled in the same manner as (a) GENERAL POWERS.—The First Responder (2) APPOINTMENTS.— the original member was appointed. Network Authority shall have the authority to (A) IN GENERAL.—In making appointments (d) CHAIR.— do the following: under paragraph (1)(D), the Secretary of Com- (1) SELECTION.—The Secretary of Commerce (1) To exercise, through the actions of its merce shall— shall select, from among the members of the Board, all powers specifically granted by the (i) appoint not fewer than 3 individuals to Board appointed under subsection (b)(1)(D), an provisions of this subtitle, and such incidental represent the collective interests of the States, individual to serve for a 2-year term as Chair of powers as shall be necessary. localities, tribes, and territories; the Board. (2) To hold such hearings, sit and act at such (ii) seek to ensure geographic and regional times and places, take such testimony, and re- representation of the United States in such ap- (2) CONSECUTIVE TERMS.—An individual may ceive such evidence as the First Responder Net- pointments; not serve for more than 2 consecutive terms as work Authority considers necessary to carry out (iii) seek to ensure rural and urban represen- Chair of the Board. its responsibilities and duties. tation in such appointments; and (e) MEETINGS.— (iv) appoint not fewer than 3 individuals who (1) FREQUENCY.—The Board shall meet— (3) To obtain grants and funds from and make contracts with individuals, private companies, have served as public safety professionals. (A) at the call of the Chair ; and (B) REQUIRED QUALIFICATIONS.— organizations, institutions, and Federal, State, (B) not less frequently than once each quar- regional, and local agencies. (i) IN GENERAL.—Each member appointed ter. under paragraph (1)(D) should meet not less (4) To accept, hold, administer, and utilize (2) TRANSPARENCY.—Meetings of the Board, than 1 of the following criteria: gifts, donations, and bequests of property, both including any committee of the Board, shall be (I) PUBLIC SAFETY EXPERIENCE.—Knowledge real and personal, for the purposes of aiding or open to the public. The Board may, by majority and experience in the use of Federal, State, facilitating the work of the First Responder Net- vote, close any such meeting only for the time local, or tribal public safety or emergency re- work Authority. necessary to preserve the confidentiality of com- sponse. mercial or financial information that is privi- (5) To spend funds under paragraph (3) in a (II) TECHNICAL EXPERTISE.—Technical exper- leged or confidential, to discuss personnel mat- manner authorized by the Board, but only for tise and fluency regarding broadband commuters, or to discuss legal matters affecting the purposes that will advance or enhance public nications, including public safety communica- First Responder Network Authority, including safety communications consistent with this title. tions. pending or potential litigation. (6) To take such other actions as the First Re- (III) NETWORK EXPERTISE.—Expertise in build- sponder Network Authority (through the Board) ing, deploying, and operating commercial tele- (f) QUORUM.—Eight members of the Board may from time to time determine necessary, ap- communications networks. shall constitute a quorum, including at least 6 of the members appointed under subsection propriate, or advisable to accomplish the pur- (IV) FINANCIAL EXPERTISE.—Expertise in fi- poses of this title. nancing and funding telecommunications net- (b)(1)(D). works. (g) COMPENSATION.— (b) DUTY AND RESPONSIBILITY TO DEPLOY AND (ii) EXPERTISE TO BE REPRESENTED.—In mak- (1) IN GENERAL.—The members of the Board OPERATE A NATIONWIDE PUBLIC SAFETY ing appointments under paragraph (1)(D), the appointed under subsection (b)(1)(D) shall be BROADBAND NETWORK.— Secretary of Commerce shall appoint— compensated at the daily rate of basic pay for (1) IN GENERAL.—The First Responder Net- (I) not fewer than 1 individual who satisfies level IV of the Executive Schedule for each day work Authority shall hold the single public safe- the requirement under subclause (II) of clause during which such members are engaged in per- ty wireless license granted under section 6201 (i); forming a function of the Board. and take all actions necessary to ensure the (II) not fewer than 1 individual who satisfies (2) PROHIBITION ON COMPENSATION.—A mem- building, deployment, and operation of the na- the requirement under subclause (III) of clause ber of the Board appointed under subpara- tionwide public safety broadband network, in (i); and graphs (A) through (C) of subsection (b)(1) shall consultation with Federal, State, tribal, and (III) not fewer than 1 individual who satisfies serve without additional pay, and shall not oth- local public safety entities, the Director of NIST, the requirement under subclause (IV) of clause erwise benefit, directly or indirectly, as a result the Commission, and the public safety advisory (i). of their service to the First Responder Network committee established in section 6205(a), includ- (C) CITIZENSHIP.—No individual other than a Authority, but shall be allowed a per diem al- ing by, at a minimum— citizen of the United States may serve as a mem- lowance for travel expenses, at rates authorized (A) ensuring nationwide standards for use ber of the Board. for an employee of an agency under subchapter and access of the network; (c) TERMS OF APPOINTMENT.— I of chapter 57 of title 5, United States Code, (B) issuing open, transparent, and competitive (1) INITIAL APPOINTMENT DEADLINE.—Members while away from the home or regular place of requests for proposals to private sector entities of the Board shall be appointed not later than business of the member in the performance of for the purposes of building, operating, and 180 days after the date of the enactment of this the duties of the First Responder Network Au- maintaining the network that use, without ma- title. thority. terially changing, the minimum technical re- (2) TERMS.— SEC. 6205. ADVISORY COMMITTEES OF THE FIRST quirements developed under section 6203; (A) LENGTH.— RESPONDER NETWORK AUTHORITY. (C) encouraging that such requests leverage, (i) IN GENERAL.—Each member of the Board (a) ADVISORY COMMITTEES.—The First Re- to the maximum extent economically desirable, described in subparagraphs (A) through (C) of sponder Network Authority— existing commercial wireless infrastructure to subsection (b)(1) shall serve as a member of the (1) shall establish a standing public safety ad- speed deployment of the network; and Board for the life of the First Responder Net- visory committee to assist the First Responder work Authority. (D) managing and overseeing the implementa- Network Authority in carrying out its duties (ii) APPOINTED INDIVIDUALS.—The term of of- tion and execution of contracts or agreements and responsibilities under this subtitle; and fice of each individual appointed to be a member with non-Federal entities to build, operate, and of the Board under subsection (b)(1)(D) shall be (2) may establish additional standing or ad maintain the network. hoc committees, panels, or councils as the First 3 years. No member described in this clause may (2) REQUIREMENTS.—In carrying out the du- serve more than 2 consecutive full 3-year terms. Responder Network Authority determines are ties and responsibilities of this subsection, in- necessary. (B) EXPIRATION OF TERM.—Any member whose cluding issuing requests for proposals, the First term has expired may serve until such member’s (b) SELECTION OF AGENTS, CONSULTANTS, AND Responder Network Authority shall— EXPERTS.— successor has taken office, or until the end of (A) ensure the safety, security, and resiliency the calendar year in which such member’s term (1) IN GENERAL.—The First Responder Net- of the network, including requirements for pro- has expired, whichever is earlier. work Authority shall select parties to serve as tecting and monitoring the network to protect (C) APPOINTMENT TO FILL VACANCY.—Any its agents, consultants, or experts in a fair, against cyberattack; member appointed to fill a vacancy occurring transparent, and objective manner, and such (B) promote competition in the equipment prior to the expiration of the term for which agents may include a program manager to carry market, including devices for public safety com- that member’s predecessor was appointed shall out certain of the duties and responsibilities of munications, by requiring that equipment for be appointed for the remainder of the prede- deploying and operating the nationwide public use on the network be— cessor’s term. safety broadband network described in sub- (D) STAGGERED TERMS.—With respect to the sections (b) and (c) of section 6206. (i) built to open, non-proprietary, commer- initial members of the Board appointed under (2) BINDING AND FINAL.—If the selection of an cially available standards; subsection (b)(1)(D)— agent, consultant, or expert satisfies the require- (ii) capable of being used by any public safety (i) 4 members shall serve for a term of 3 years; ments under paragraph (1), the selection of that entity and by multiple vendors across all public (ii) 4 members shall serve for a term of 2 years; agent, consultant, or expert shall be final and safety broadband networks operating in the 700 and binding. MHz band; and

VerDate Mar 15 2010 05:05 Feb 17, 2012 Jkt 019060 PO 00000 Frm 00045 Fmt 4634 Sfmt 6333 E:\CR\FM\A16FE7.005 H16FEPT1 jbell on DSK7SPTVN1PROD with HOUSE H850 CONGRESSIONAL RECORD — HOUSE February 16, 2012 (iii) backward-compatible with existing com- regional, State, tribal, and local jurisdictions re- (1) section 3506 of title 44, United States Code mercial networks to the extent that such capa- garding the distribution and expenditure of any (commonly referred to as the Paperwork Reduc- bilities are necessary and technically and eco- amounts required to carry out the policies estab- tion Act); nomically reasonable; lished under paragraph (1), including with re- (2) chapter 5 of title 5, United States Code (C) promote integration of the network with gard to the— (commonly referred to as the Administrative public safety answering points or their equiva- (i) construction of a core network and any Procedures Act); and lent; and radio access network build out; (3) chapter 6 of title 5, United States Code (D) address special considerations for areas or (ii) placement of towers; (commonly referred to as the Regulatory Flexi- (iii) coverage areas of the network, whether at regions with unique homeland security or na- bility Act). tional security needs. the regional, State, tribal, or local level; (e) NETWORK CONSTRUCTION FUND.— (3) RURAL COVERAGE.—In carrying out the du- (iv) adequacy of hardening, security, reli- ties and responsibilities of this subsection, inability, and resiliency requirements; (1) ESTABLISHMENT.—There is established in cluding issuing requests for proposals, the na- (v) assignment of priority to local users; the Treasury of the United States a fund to be tionwide, interoperable public safety broadband (vi) assignment of priority and selection of en- known as the ‘‘Network Construction Fund’’. network, consistent with the license granted tities seeking access to or use of the nationwide (2) USE OF FUND.—Amounts deposited into the under section 6201, shall require deployment public safety interoperable broadband network Network Construction Fund shall be used by phases with substantial rural coverage mile- established under subsection (b); and the— stones as part of each phase of the construction (vii) training needs of local users. (A) First Responder Network Authority to and deployment of the network. To the max- (B) METHOD OF CONSULTATION.—The con- carry out this section, except for administrative imum extent economically desirable, such pro- sultation required under subparagraph (A) shall expenses; and occur between the First Responder Network Au- posals shall include partnerships with existing (B) NTIA to make grants to States under sec- thority and the single officer or governmental commercial mobile providers to utilize cost-effec- tion 6302(e)(3)(C)(iii)(I). body designated under section 6302(d). tive opportunities to speed deployment in rural (f) TERMINATION OF AUTHORITY.—The author- areas. (3) LEVERAGING EXISTING INFRASTRUCTURE.— In carrying out the requirement under sub- ity of the First Responder Network Authority (4) EXECUTION OF AUTHORITY.—In carrying section (b), the First Responder Network Au- shall terminate on the date that is 15 years after out the duties and responsibilities of this sub- the date of enactment of this title. section, the First Responder Network Authority thority shall enter into agreements to utilize, to (g) GAO REPORT.—Not later than 10 years may— the maximum extent economically desirable, existing— after the date of the enactment of this Act, the (A) obtain grants from and make contracts (A) commercial or other communications in- Comptroller General of the United States shall with individuals, private companies, and Fed- frastructure; and submit to Congress a report on what action Con- eral, State, regional, and local agencies; (B) Federal, State, tribal, or local infrastruc- gress should take regarding the 15-year sunset (B) hire or accept voluntary services of con- ture. of authority under subsection (f). sultants, experts, advisory boards, and panels to (4) MAINTENANCE AND UPGRADES.—The First aid the First Responder Network Authority in SEC. 6207. INITIAL FUNDING FOR THE FIRST RE- Responder Network Authority shall ensure the SPONDER NETWORK AUTHORITY. carrying out such duties and responsibilities; maintenance, operation, and improvement of the (C) receive payment for use of— (a) BORROWING AUTHORITY.—Prior to the de- nationwide public safety broadband network, posit of proceeds into the Public Safety Trust (i) network capacity licensed to the First Re- including by ensuring that the First Responder sponder Network Authority; and Fund from the incentive auctions to be carried Network Authority updates and revises any out under section 309(j)(8)(G) of the Commu- (ii) network infrastructure constructed, policies established under paragraph (1) to take nications Act of 1934 or the auction of spectrum owned, or operated by the First Responder Net- into account new and evolving technologies. pursuant to section 6401, the NTIA may borrow work Authority; and (5) ROAMING AGREEMENTS.—The First Re- from the Treasury such sums as may be nec- (D) take such other actions as may be nec- sponder Network Authority shall negotiate and essary, but not to exceed $2,000,000,000, to imple- essary to accomplish the purposes set forth in enter into, as it determines appropriate, roaming ment this subtitle. The NTIA shall reimburse the this subsection. agreements with commercial network providers Treasury, without interest, from funds deposited (c) OTHER SPECIFIC DUTIES AND RESPONSIBIL- to allow the nationwide public safety broadband into the Public Safety Trust Fund. ITIES.— network to roam onto commercial networks and (b) PROHIBITION.— (1) ESTABLISHMENT OF NETWORK POLICIES.—In gain prioritization of public safety communica- carrying out the requirements under subsection tions over such networks in times of an emer- (1) IN GENERAL.—Administrative expenses of (b), the First Responder Network Authority gency. the First Responder Network Authority may not shall develop— (6) NETWORK INFRASTRUCTURE AND DEVICE exceed $100,000,000 during the 10-year period be- (A) requests for proposals with appropriate— CRITERIA.—The Director of NIST, in consulta- ginning on the date of enactment of this title. (i) timetables for construction, including by tion with the First Responder Network Author- (2) DEFINITION.—For purposes of this sub- taking into consideration the time needed to ity and the Commission, shall ensure the devel- section, the term ‘‘administrative expenses’’ does build out to rural areas and the advantages of- opment of a list of certified devices and compo- not include the costs incurred by the First Re- fered through partnerships with existing com- nents meeting appropriate protocols and stand- sponder Network Authority for oversight and mercial providers under paragraph (3); ards for public safety entities and commercial audits to protect against waste, fraud, and (ii) coverage areas, including coverage in vendors to adhere to, if such entities or vendors abuse. rural and nonurban areas; seek to have access to, use of, or compatibility SEC. 6208. PERMANENT SELF-FUNDING; DUTY TO (iii) service levels; with the nationwide public safety broadband ASSESS AND COLLECT FEES FOR (iv) performance criteria; and network. NETWORK USE. (v) other similar matters for the construction (7) REPRESENTATION BEFORE STANDARD SET- (a) IN GENERAL.—Notwithstanding section 337 and deployment of such network; TING ENTITIES.—The First Responder Network of the Communications Act of 1934 (47 U.S.C. Authority, in consultation with the Director of (B) the technical and operational require- 337), the First Responder Network Authority is NIST, the Commission, and the public safety ad- ments of the network; authorized to assess and collect the following visory committee established under section (C) practices, procedures, and standards for fees: 6205(a), shall represent the interests of public the management and operation of such network; (1) NETWORK USER FEE.—A user or subscrip- safety users of the nationwide public safety tion fee from each entity, including any public (D) terms of service for the use of such net- broadband network before any proceeding, ne- safety entity or secondary user, that seeks ac- work, including billing practices; and gotiation, or other matter in which a standards cess to or use of the nationwide public safety (E) ongoing compliance review and monitoring organization, standards body, standards devel- broadband network. of the— opment organization, or any other recognized (i) management and operation of such net- standards-setting entity addresses the develop- (2) LEASE FEES RELATED TO NETWORK CAPAC- work; ment of standards relating to interoperability. ITY.— (ii) practices and procedures of the entities op- (8) PROHIBITION ON NEGOTIATION WITH FOR- (A) IN GENERAL.—A fee from any entity that erating on and the personnel using such net- EIGN GOVERNMENTS.—The First Responder Net- seeks to enter into a covered leasing agreement. work; and work Authority shall not have the authority to (B) COVERED LEASING AGREEMENT.—For pur- (iii) necessary training needs of network oper- negotiate or enter into any agreements with a poses of subparagraph (A), a ‘‘covered leasing ators and users. foreign government on behalf of the United agreement’’ means a written agreement resulting (2) STATE AND LOCAL PLANNING.— States. from a public-private arrangement to construct, (A) REQUIRED CONSULTATION.—In developing (d) EXEMPTION FROM CERTAIN LAWS.—Any manage, and operate the nationwide public requests for proposals and otherwise carrying action taken or decisions made by the First Re- safety broadband network between the First Re- out its responsibilities under this Act, the First sponder Network Authority shall be exempt from sponder Network Authority and secondary user Responder Network Authority shall consult with the requirements of— to permit—

VerDate Mar 15 2010 05:05 Feb 17, 2012 Jkt 019060 PO 00000 Frm 00046 Fmt 4634 Sfmt 6333 E:\CR\FM\A16FE7.005 H16FEPT1 jbell on DSK7SPTVN1PROD with HOUSE February 16, 2012 CONGRESSIONAL RECORD — HOUSE H851 (i) access to network capacity on a secondary form Congress of the financial operations and Subtitle C—Public Safety Commitments basis for non-public safety services; and condition of the First Responder Network Au- SEC. 6301. STATE AND LOCAL IMPLEMENTATION (ii) the spectrum allocated to such entity to be thority; FUND. used for commercial transmissions along the (B) any recommendations of the independent dark fiber of the long-haul network of such en- auditor relating to the financial operations and (a) ESTABLISHMENT.—There is established in tity. condition of the First Responder Network Au- the Treasury of the United States a fund to be (3) LEASE FEES RELATED TO NETWORK EQUIP- thority; and known as the State and Local Implementation Fund. MENT AND INFRASTRUCTURE.—A fee from any en- (C) a description of any program, expenditure, tity that seeks access to or use of any equipment or other financial transaction or undertaking of (b) AMOUNTS AVAILABLE FOR STATE AND or infrastructure, including antennas or towers, the First Responder Network Authority that was LOCAL IMPLEMENTATION GRANT PROGRAM.—Any constructed or otherwise owned by the First Re- observed during the course of the audit, which, amounts borrowed under subsection (c)(1) and sponder Network Authority resulting from a in the opinion of the independent auditor, has any amounts in the State and Local Implemen- public-private arrangement to construct, man- been carried on or made without the authority tation Fund that are not necessary to reimburse age, and operate the nationwide public safety of law. the general fund of the Treasury for such bor- broadband network. rowed amounts shall be available to the Assist- SEC. 6210. ANNUAL REPORT TO CONGRESS. (b) ESTABLISHMENT OF FEE AMOUNTS; PERMA- ant Secretary to implement section 6302. (a) IN GENERAL.—Not later than 1 year after NENT SELF-FUNDING.—The total amount of the the date of enactment of this Act, and each year (c) BORROWING AUTHORITY.— fees assessed for each fiscal year pursuant to thereafter, the First Responder Network Author- (1) IN GENERAL.—Prior to the end of fiscal this section shall be sufficient, and shall not ex- ity shall submit an annual report covering the year 2022, the Assistant Secretary may borrow ceed the amount necessary, to recoup the total preceding fiscal year to the appropriate commit- from the general fund of the Treasury such expenses of the First Responder Network Au- tees of Congress. sums as may be necessary, but not to exceed thority in carrying out its duties and respon- $135,000,000, to implement section 6302. sibilities described under this subtitle for the fis- (b) REQUIRED CONTENT.—The report required (2) REIMBURSEMENT.—The Assistant Secretary cal year involved. under subsection (a) shall include— shall reimburse the general fund of the Treas- (c) ANNUAL APPROVAL.—The NTIA shall re- (1) a comprehensive and detailed report of the ury, without interest, for any amounts borrowed view the fees assessed under this section on an operations, activities, financial condition, and under paragraph (1) as funds are deposited into annual basis, and such fees may only be as- accomplishments of the First Responder Net- the State and Local Implementation Fund. sessed if approved by the NTIA. work Authority under this section; and (d) REQUIRED REINVESTMENT OF FUNDS.—The (2) such recommendations or proposals for leg- (d) TRANSFER OF UNUSED FUNDS.—If there is First Responder Network Authority shall rein- islative or administrative action as the First Re- a balance remaining in the State and Local Im- vest amounts received from the assessment of sponder Network Authority deems appropriate. plementation Fund on September 30, 2022, the fees under this section in the nationwide public (c) AVAILABILITY TO TESTIFY.—The members Secretary of the Treasury shall transfer such safety interoperable broadband network by of the Board and employees of the First Re- balance to the general fund of the Treasury, using such funds only for constructing, main- sponder Network Authority shall be available to where such balance shall be dedicated for the taining, operating, or improving the network. testify before the appropriate committees of the sole purpose of deficit reduction. SEC. 6209. AUDIT AND REPORT. Congress with respect to— SEC. 6302. STATE AND LOCAL IMPLEMENTATION. (1) the report required under subsection (a); (a) AUDIT.— (a) ESTABLISHMENT OF STATE AND LOCAL IM- (1) IN GENERAL.—The Secretary of Commerce (2) the report of any audit conducted under PLEMENTATION GRANT PROGRAM.—The Assistant shall enter into a contract with an independent section 6210; or Secretary, in consultation with the First Re- auditor to conduct an audit, on an annual (3) any other matter which such committees sponder Network Authority, shall take such ac- basis, of the First Responder Network Authority may determine appropriate. tion as is necessary to establish a grant program in accordance with general accounting prin- SEC. 6211. PUBLIC SAFETY ROAMING AND PRI- to make grants to States to assist State, re- ciples and procedures applicable to commercial ORITY ACCESS. gional, tribal, and local jurisdictions to identify, corporate transactions. Each audit conducted The Commission may adopt rules, if necessary plan, and implement the most efficient and ef- under this paragraph shall be made available to in the public interest, to improve the ability of fective way for such jurisdictions to utilize and the appropriate committees of Congress. public safety networks to roam onto commercial integrate the infrastructure, equipment, and (2) LOCATION.—Any audit conducted under networks and to gain priority access to commer- other architecture associated with the nation- paragraph (1) shall be conducted at the place or cial networks in an emergency if— wide public safety broadband network to satisfy places where accounts of the First Responder (1) the public safety entity equipment is tech- the wireless communications and data services Network Authority are normally kept. nically compatible with the commercial network; needs of that jurisdiction, including with re- (3) ACCESS TO FIRST RESPONDER NETWORK AU- (2) the commercial network is reasonably com- gards to coverage, siting, and other needs. THORITY BOOKS AND DOCUMENTS.— pensated; and (b) MATCHING REQUIREMENTS; FEDERAL (A) IN GENERAL.—For purposes of an audit (3) such access does not preempt or otherwise SHARE.— conducted under paragraph (1), the representa- terminate or degrade all existing voice conversa- tives of the independent auditor shall— (1) IN GENERAL.—The Federal share of the cost tions or data sessions. (i) have access to all books, accounts, records, of any activity carried out using a grant under reports, files, and all other papers, things, or SEC. 6212. PROHIBITION ON DIRECT OFFERING this section may not exceed 80 percent of the eli- property belonging to or in use by the First Re- OF COMMERCIAL TELECOMMUNI- gible costs of carrying out that activity, as de- CATIONS SERVICE DIRECTLY TO sponder Network Authority that pertain to the termined by the Assistant Secretary, in con- CONSUMERS. financial transactions of the First Responder sultation with the First Responder Network Au- (a) IN GENERAL.—The First Responder Net- Network Authority and are necessary to facili- thority. work Authority shall not offer, provide, or mar- tate the audit; and (2) WAIVER.—The Assistant Secretary may ket commercial telecommunications or informa- (ii) be afforded full facilities for verifying waive, in whole or in part, the requirements of tion services directly to consumers. transactions with the balances or securities held paragraph (1) for good cause shown if the As- by depositories, fiscal agents, and custodians. (b) RULE OF CONSTRUCTION.—Nothing in this sistant Secretary determines that such a waiver (B) REQUIREMENT.—All books, accounts, section shall be construed to prohibit the First is in the public interest. Responder Network Authority and a secondary records, reports, files, papers, and property of (c) PROGRAMMATIC REQUIREMENTS.—Not later user from entering into a covered leasing agree- the First Responder Network Authority shall re- than 6 months after the date of enactment of ment pursuant to section 6208(a)(2)(B). Nothing main in the possession and custody of the First this Act, the Assistant Secretary, in consulta- in this section shall be construed to limit the Responder Network Authority. tion with the First Responder Network Author- First Responder Network Authority from col- (b) REPORT.— ity, shall establish requirements relating to the lecting lease fees related to network equipment (1) IN GENERAL.—The independent auditor se- grant program to be carried out under this sec- and infrastructure pursuant to section lected to conduct an audit under this section tion, including the following: 6208(a)(3). shall submit a report of each audit conducted (1) Defining eligible costs for purposes of sub- under subsection (a) to— SEC. 6213. PROVISION OF TECHNICAL ASSIST- section (b)(1). (A) the appropriate committees of Congress; ANCE. (2) Determining the scope of eligible activities (B) the President; and The Commission may provide technical assist- (C) the First Responder Network Authority. ance to the First Responder Network Authority for grant funding under this section. (2) CONTENTS.—Each report submitted under and may take any action necessary to assist the (3) Prioritizing grants for activities that en- paragraph (1) shall contain— First Responder Network Authority in effec- sure coverage in rural as well as urban areas. (A) such comments and information as the tuating its duties and responsibilities under this (d) CERTIFICATION AND DESIGNATION OF OFFI- independent auditor determines necessary to in- subtitle. CER OR GOVERNMENTAL BODY.—In carrying

VerDate Mar 15 2010 05:05 Feb 17, 2012 Jkt 019060 PO 00000 Frm 00047 Fmt 4634 Sfmt 6333 E:\CR\FM\A16FE7.005 H16FEPT1 jbell on DSK7SPTVN1PROD with HOUSE H852 CONGRESSIONAL RECORD — HOUSE February 16, 2012 out the grant program established under this (II) has the ability to maintain ongoing inter- graming interfaces for the nationwide public section, the Assistant Secretary shall require operability with the nationwide public safety safety broadband network, if necessary and each State to certify in its application for grant broadband network; and practical; funds that the State has designated a single of- (III) the ability to complete the project within (5) accelerate the development of communica- ficer or governmental body to serve as the coor- specified comparable timelines specific to the tions technology and equipment that can facili- dinator of implementation of the grant funds. State; tate the eventual migration of public safety (e) STATE NETWORK.— (ii) the cost-effectiveness of the State plan narrowband communications to the nationwide (1) NOTICE.—Upon the completion of the re- submitted under subparagraph (C)(i); and public safety broadband network; and quest for proposal process conducted by the (iii) comparable security, coverage, and qual- (6) convene working groups of relevant gov- First Responder Network Authority for the con- ity of service to that of the nationwide public ernment and commercial parties to achieve the struction, operation, maintenance, and improve- safety broadband network. requirements in paragraphs (1) through (5). ment of the nationwide public safety broadband (f) USER FEES.—If a State chooses to build its network, the First Responder Network Author- own radio access network, the State shall pay Subtitle D—Spectrum Auction Authority ity shall provide to the Governor of each State, any user fees associated with State use of ele- or his designee— SEC. 6401. DEADLINES FOR AUCTION OF CERTAIN ments of the core network. SPECTRUM. (A) notice of the completion of the request for (g) PROHIBITION.— proposal process; (1) IN GENERAL.—A State that chooses to build (a) CLEARING CERTAIN FEDERAL SPECTRUM.— (B) details of the proposed plan for buildout its own radio access network shall not provide (1) IN GENERAL.—The President shall— of the nationwide, interoperable broadband net- commercial service to consumers or offer whole- (A) not later than 3 years after the date of the work in such State; and sale leasing capacity of the network within the enactment of this Act, begin the process of with- (C) the funding level for the State as deter- State except directly through public-private drawing or modifying the assignment to a Fed- mined by the NTIA. partnerships for construction, maintenance, op- eral Government station of the electromagnetic (2) STATE DECISION.—Not later than 90 days eration, and improvement of the network within spectrum described in paragraph (2); and after the date on which the Governor of a State the State. (B) not later than 30 days after completing the receives notice under paragraph (1), the Gov- (2) RULE OF CONSTRUCTION.—Nothing in this withdrawal or modification, notify the Commis- ernor shall choose whether to— subsection shall be construed to prohibit the sion that the withdrawal or modification is com- (A) participate in the deployment of the na- State and a secondary user from entering into a plete. tionwide, interoperable broadband network as covered leasing agreement. Any revenue gained proposed by the First Responder Network Au- by the State from such a leasing agreement shall (2) SPECTRUM DESCRIBED.—The electro- thority; or be used only for constructing, maintaining, op- magnetic spectrum described in this paragraph (B) conduct its own deployment of a radio ac- erating, or improving the radio access network is the 15 megahertz of spectrum between 1675 cess network in such State. of the State. megahertz and 1710 megahertz identified under (3) PROCESS.— (h) JUDICIAL REVIEW.— paragraph (3). (A) IN GENERAL.—Upon making a decision to (1) IN GENERAL.—The United States District (3) IDENTIFICATION BY SECRETARY OF COM- opt-out under paragraph (2)(B), the Governor Court for the District of Columbia shall have ex- MERCE.—Not later than 1 year after the date of shall notify the First Responder Network Au- clusive jurisdiction to review a decision of the the enactment of this Act, the Secretary of Com- thority, the NTIA, and the Commission of such Commission made under subsection (e)(3)(C)(iv). merce shall submit to the President a report decision. (2) STANDARD OF REVIEW.—The court shall af- identifying 15 megahertz of spectrum between (B) STATE REQUEST FOR PROPOSALS.—Not later firm the decision of the Commission unless— 1675 megahertz and 1710 megahertz for realloca- than 180 days after the date on which a Gov- tion from Federal use to non-Federal use. ernor provides notice under subparagraph (A), (A) the decision was procured by corruption, the Governor shall develop and complete re- fraud, or undue means; (b) REALLOCATION AND AUCTION.— quests for proposals for the construction, main- (B) there was actual partiality or corruption (1) IN GENERAL.—Notwithstanding paragraph tenance, and operation of the radio access net- in the Commission; or (15)(A) of section 309(j) of the Communications work within the State. (C) the Commission was guilty of misconduct Act of 1934 (47 U.S.C. 309(j)), not later than 3 (C) SUBMISSION AND APPROVAL OF ALTER- in refusing to hear evidence pertinent and mate- years after the date of the enactment of this NATIVE PLAN.— rial to the decision or of any other misbehavior Act, the Commission shall, except as provided in (i) IN GENERAL.—The State shall submit an al- by which the rights of any party have been prej- paragraph (4)— udiced. ternative plan for the construction, mainte- (A) allocate the spectrum described in para- nance, operation, and improvements of the radio SEC. 6303. PUBLIC SAFETY WIRELESS COMMU- graph (2) for commercial use; and access network within the State to the Commis- NICATIONS RESEARCH AND DEVEL- (B) through a system of competitive bidding sion, and such plan shall demonstrate— OPMENT. under such section, grant new initial licenses (I) that the State will be in compliance with (a) NIST DIRECTED RESEARCH AND DEVELOP- for the use of such spectrum, subject to flexible- the minimum technical interoperability require- MENT PROGRAM.—From amounts made available use service rules. ments developed under section 6203; and from the Public Safety Trust Fund, the Director (II) interoperability with the nationwide pub- of NIST, in consultation with the Commission, (2) SPECTRUM DESCRIBED.—The spectrum de- lic safety broadband network. the Secretary of Homeland Security, and the scribed in this paragraph is the following: (ii) COMMISSION APPROVAL OR DISAPPROVAL.— National Institute of Justice of the Department (A) The frequencies between 1915 megahertz Upon submission of a State plan under clause of Justice, as appropriate, shall conduct re- and 1920 megahertz. (i), the Commission shall either approve or dis- search and assist with the development of standards, technologies, and applications to ad- (B) The frequencies between 1995 megahertz approve the plan. and 2000 megahertz. (iii) APPROVAL.—If the Commission approves a vance wireless public safety communications. plan under this subparagraph, the State— (b) REQUIRED ACTIVITIES.—In carrying out (C) The frequencies described in subsection (I) may apply to the NTIA for a grant to con- the requirement under subsection (a), the Direc- (a)(2). struct the radio access network within the State tor of NIST, in consultation with the First Re- (D) The frequencies between 2155 megahertz that includes the showing described in subpara- sponder Network Authority and the public safe- and 2180 megahertz. graph (D); and ty advisory committee established under section (E) Fifteen megahertz of contiguous spectrum (II) shall apply to the NTIA to lease spectrum 6205(a), shall— to be identified by the Commission. capacity from the First Responder Network Au- (1) document public safety wireless commu- (3) PROCEEDS TO COVER 110 PERCENT OF FED- thority. nications technical requirements; ERAL RELOCATION OR SHARING COSTS.—Nothing (iv) DISAPPROVAL.—If the Commission dis- (2) accelerate the development of the capa- in paragraph (1) shall be construed to relieve approves a plan under this subparagraph, the bility for communications between currently de- the Commission from the requirements of section construction, maintenance, operation, and im- ployed public safety narrowband systems and 309(j)(16)(B) of the Communications Act of 1934 provements of the network within the State the nationwide public safety broadband net- (47 U.S.C. 309(j)(16)(B)). shall proceed in accordance with the plan pro- work; posed by the First Responder Network Author- (3) establish a research plan, and direct re- (4) DETERMINATION BY COMMISSION.—If the ity. search, that addresses the wireless communica- Commission determines that the band of fre- (D) FUNDING REQUIREMENTS.—In order to ob- tions needs of public safety entities beyond what quencies described in paragraph (2)(A) or the tain grant funds and spectrum capacity leasing can be provided by the current generation of band of frequencies described in paragraph rights under subparagraph (C)(iii), a State shall broadband technology; (2)(B) cannot be used without causing harmful demonstrate— (4) accelerate the development of mission crit- interference to commercial mobile service licens- (i) that the State has— ical voice, including device-to-device ees in the frequencies between 1930 megahertz (I) the technical capabilities to operate, and ‘‘talkaround’’ capability over broadband net- and 1995 megahertz, the Commission may not— the funding to support, the State radio access works, public safety prioritization, authentica- (A) allocate such band for commercial use network; tion capabilities, and standard application pro- under paragraph (1)(A); or

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(B) grant licenses under paragraph (1)(B) for ‘‘(iii) TREATMENT OF REVENUES.—Notwith- (4) PROTECTION OF CARRIAGE RIGHTS OF LI- the use of such band. standing subparagraph (A) and except as pro- CENSEES SHARING A CHANNEL.—A broadcast tele- (c) AUCTION PROCEEDS.—Section 309(j)(8) of vided in subparagraph (B), the proceeds (in- vision station that voluntarily relinquishes spec- the Communications Act of 1934 (47 U.S.C. cluding deposits and upfront payments from trum usage rights under this subsection in order 309(j)(8)) is amended— successful bidders) from any auction, prior to to share a television channel and that possessed (1) in subparagraph (A), by striking ‘‘(D), and the end of fiscal year 2022, of spectrum usage carriage rights under section 338, 614, or 615 of (E),’’ and inserting ‘‘(D), (E), (F), and (G),’’; rights made available under clause (i) that are the Communications Act of 1934 (47 U.S.C. 338; (2) in subparagraph (C)(i), by striking ‘‘sub- not shared with licensees under such clause 534; 535) on November 30, 2010, shall have, at its paragraph (E)(ii)’’ and inserting ‘‘subpara- shall be deposited as follows: shared location, the carriage rights under such graphs (D)(ii), (E)(ii), (F), and (G)’’; ‘‘(I) $1,750,000,000 of the proceeds from the in- section that would apply to such station at such (3) in subparagraph (D)— centive auction of broadcast television spectrum location if it were not sharing a channel. (A) by striking the heading and inserting required by section 6403 of the Middle Class Tax (b) REORGANIZATION OF BROADCAST TV SPEC- ‘‘PROCEEDS FROM REALLOCATED FEDERAL SPEC- Relief and Job Creation Act of 2012 shall be de- TRUM.— TRUM.—’’; posited in the TV Broadcaster Relocation Fund (1) IN GENERAL.—For purposes of making (B) by striking ‘‘Cash’’ and inserting the fol- established by subsection (d)(1) of such section. lowing: available spectrum to carry out the forward ‘‘(II) All other proceeds shall be deposited— auction under subsection (c)(1), the Commis- ‘‘(i) IN GENERAL.—Except as provided in ‘‘(aa) prior to the end of fiscal year 2022, in sion— clause (ii), cash’’; and the Public Safety Trust Fund established by sec- (A) shall evaluate the broadcast television (C) by adding at the end the following: tion 6413(a)(1) of such Act; and spectrum (including spectrum made available ‘‘(ii) CERTAIN OTHER PROCEEDS.—Notwith- ‘‘(bb) after the end of fiscal year 2022, in the through the reverse auction under subsection standing subparagraph (A) and except as pro- general fund of the Treasury, where such pro- (a)(1)); and vided in subparagraph (B), in the case of proceeds shall be dedicated for the sole purpose of ceeds (including deposits and upfront payments deficit reduction. (B) may, subject to international coordination from successful bidders) attributable to the auc- ‘‘(iv) CONGRESSIONAL NOTIFICATION.—At least along the border with Mexico and Canada— tion of eligible frequencies described in para- 3 months before any incentive auction con- (i) make such reassignments of television graph (2) of section 113(g) of the National Tele- ducted under this subparagraph, the Chairman channels as the Commission considers appro- communications and Information Administra- of the Commission, in consultation with the Di- priate; and tion Organization Act that are required to be rector of the Office of Management and Budget, (ii) reallocate such portions of such spectrum auctioned by section 6401(b)(1)(B) of the Middle shall notify the appropriate committees of Con- as the Commission determines are available for Class Tax Relief and Job Creation Act of 2012, gress of the methodology for calculating the reallocation. such portion of such proceeds as is necessary to amounts that will be shared with licensees (2) FACTORS FOR CONSIDERATION.—In making cover the relocation or sharing costs (as defined under clause (i). in paragraph (3) of such section 113(g)) of Fed- any reassignments or reallocations under para- ‘‘(v) DEFINITION.—In this subparagraph, the eral entities relocated from such eligible fre- graph (1)(B), the Commission shall make all rea- term ‘appropriate committees of Congress’ quencies shall be deposited in the Spectrum Re- sonable efforts to preserve, as of the date of the means— location Fund. The remainder of such proceeds enactment of this Act, the coverage area and ‘‘(I) the Committee on Commerce, Science, and shall be deposited in the Public Safety Trust population served of each broadcast television Transportation of the Senate; Fund established by section 6413(a)(1) of the licensee, as determined using the methodology ‘‘(II) the Committee on Appropriations of the Middle Class Tax Relief and Job Creation Act of described in OET Bulletin 69 of the Office of En- Senate; 2012.’’; and gineering and Technology of the Commission. ‘‘(III) the Committee on Energy and Commerce (4) by adding at the end the following: (3) NO INVOLUNTARY RELOCATION FROM UHF of the House of Representatives; and ‘‘(F) CERTAIN PROCEEDS DESIGNATED FOR PUB- TO VHF.—In making any reassignments under ‘‘(IV) the Committee on Appropriations of the LIC SAFETY TRUST FUND.—Notwithstanding subparagraph (1)(B)(i), the Commission may not in- paragraph (A) and except as provided in sub- House of Representatives.’’. voluntarily reassign a broadcast television li- paragraphs (B) and (D)(ii), the proceeds (in- SEC. 6403. SPECIAL REQUIREMENTS FOR INCEN- censee— cluding deposits and upfront payments from TIVE AUCTION OF BROADCAST TV SPECTRUM. (A) from an ultra high frequency television successful bidders) from the use of a system of channel to a very high frequency television (a) REVERSE AUCTION TO IDENTIFY INCENTIVE competitive bidding under this subsection pursu- channel; or ant to section 6401(b)(1)(B) of the Middle Class AMOUNT.— (B) from a television channel between the fre- Tax Relief and Job Creation Act of 2012 shall be (1) IN GENERAL.—The Commission shall con- quencies from 174 megahertz to 216 megahertz to deposited in the Public Safety Trust Fund estab- duct a reverse auction to determine the amount a television channel between the frequencies lished by section 6413(a)(1) of such Act.’’. of compensation that each broadcast television licensee would accept in return for voluntarily from 54 megahertz to 88 megahertz. SEC. 6402. GENERAL AUTHORITY FOR INCENTIVE AUCTIONS. relinquishing some or all of its broadcast tele- (4) PAYMENT OF RELOCATION COSTS.— Section 309(j)(8) of the Communications Act of vision spectrum usage rights in order to make (A) IN GENERAL.—Except as provided in sub- 1934, as amended by section 6401(c), is further spectrum available for assignment through a paragraph (B), from amounts made available amended by adding at the end the following: system of competitive bidding under subpara- under subsection (d)(2), the Commission shall ‘‘(G) INCENTIVE AUCTIONS.— graph (G) of section 309(j)(8) of the Communica- reimburse costs reasonably incurred by— ‘‘(i) IN GENERAL.—Notwithstanding subpara- tions Act of 1934, as added by section 6402. (i) a broadcast television licensee that was re- graph (A) and except as provided in subpara- (2) ELIGIBLE RELINQUISHMENTS.—A relinquish- assigned under paragraph (1)(B)(i) from one graph (B), the Commission may encourage a li- ment of usage rights for purposes of paragraph ultra high frequency television channel to a dif- censee to relinquish voluntarily some or all of its (1) shall include the following: ferent ultra high frequency television channel, licensed spectrum usage rights in order to permit (A) Relinquishing all usage rights with respect from one very high frequency television channel the assignment of new initial licenses subject to to a particular television channel without re- to a different very high frequency television flexible-use service rules by sharing with such li- ceiving in return any usage rights with respect channel, or, in accordance with subsection censee a portion, based on the value of the re- to another television channel. (g)(1)(B), from a very high frequency television linquished rights as determined in the reverse (B) Relinquishing all usage rights with respect channel to an ultra high frequency television auction required by clause (ii)(I), of the pro- to an ultra high frequency television channel in channel, in order for the licensee to relocate its ceeds (including deposits and upfront payments return for receiving usage rights with respect to television service from one channel to the other; a very high frequency television channel. from successful bidders) from the use of a com- (ii) a multichannel video programming dis- petitive bidding system under this subsection. (C) Relinquishing usage rights in order to tributor in order to continue to carry the signal ‘‘(ii) LIMITATIONS.—The Commission may not share a television channel with another li- of a broadcast television licensee that— enter into an agreement for a licensee to relin- censee. (I) is described in clause (i); quish spectrum usage rights in exchange for a (3) CONFIDENTIALITY.—The Commission shall share of auction proceeds under clause (i) un- take all reasonable steps necessary to protect (II) voluntarily relinquishes spectrum usage less— the confidentiality of Commission-held data of a rights under subsection (a) with respect to an ‘‘(I) the Commission conducts a reverse auc- licensee participating in the reverse auction ultra high frequency television channel in re- tion to determine the amount of compensation under paragraph (1), including withholding the turn for receiving usage rights with respect to a that licensees would accept in return for volun- identity of such licensee until the reassignments very high frequency television channel; or tarily relinquishing spectrum usage rights; and and reallocations (if any) under subsection (III) voluntarily relinquishes spectrum usage ‘‘(II) at least two competing licensees partici- (b)(1)(B) become effective, as described in sub- rights under subsection (a) to share a television pate in the reverse auction. section (f)(2). channel with another licensee; or

VerDate Mar 15 2010 05:05 Feb 17, 2012 Jkt 019060 PO 00000 Frm 00049 Fmt 4634 Sfmt 6333 E:\CR\FM\A16FE7.005 H16FEPT1 jbell on DSK7SPTVN1PROD with HOUSE H854 CONGRESSIONAL RECORD — HOUSE February 16, 2012 (iii) a channel 37 incumbent user, in order to subparagraph (B) of such subsection, in addi- (A) involuntarily modify the spectrum usage relocate to other suitable spectrum, provided tion to the costs incurred by the Commission in rights of a broadcast television licensee or reas- that all such users can be relocated and that the conducting such forward auction. sign such a licensee to another television chan- total relocation costs of such users do not exceed (3) FACTOR FOR CONSIDERATION.—In con- nel except— $300,000,000. For the purpose of this section, the ducting the forward auction under paragraph (i) in accordance with this section; or spectrum made available through relocation of (1), the Commission shall consider assigning li- (ii) in the case of a violation by such licensee channel 37 incumbent users shall be deemed as censes that cover geographic areas of a variety of the terms of its license or a specific provision spectrum reclaimed through a reverse auction of different sizes. of a statute administered by the Commission, or under section 6403(a). (d) TV BROADCASTER RELOCATION FUND.— a regulation of the Commission promulgated (B) REGULATORY RELIEF.—In lieu of reim- (1) ESTABLISHMENT.—There is established in under any such provision; or bursement for relocation costs under subpara- the Treasury of the United States a fund to be (B) reassign a broadcast television licensee graph (A), a broadcast television licensee may known as the TV Broadcaster Relocation Fund. from a very high frequency television channel to accept, and the Commission may grant as it con- (2) PAYMENT OF RELOCATION COSTS.—Any an ultra high frequency television channel, un- siders appropriate, a waiver of the service rules amounts borrowed under paragraph (3)(A) and less— of the Commission to permit the licensee, subject any amounts in the TV Broadcaster Relocation (i) such a reassignment will not decrease the to interference protections, to make flexible use Fund that are not necessary for reimbursement total amount of ultra high frequency spectrum of the spectrum assigned to the licensee to proof the general fund of the Treasury for such made available for reallocation under this sec- vide services other than broadcast television borrowed amounts shall be available to the Com- tion; or services. Such waiver shall only remain in effect mission to make the payments required by sub- while the licensee provides at least 1 broadcast section (b)(4)(A). (ii) a request from such licensee for the reas- television program stream on such spectrum at (3) BORROWING AUTHORITY.— signment was pending at the Commission on no charge to the public. (A) IN GENERAL.—Beginning on the date when May 31, 2011. (C) LIMITATION.—The Commission may not any reassignments or reallocations under sub- (2) PERIOD DESCRIBED.—The period described make reimbursements under subparagraph (A) section (b)(1)(B) become effective, as provided in in this paragraph is the period beginning on the for lost revenues. subsection (f)(2), and ending when $1,000,000,000 date of the enactment of this Act and ending on the earliest of— (D) DEADLINE.—The Commission shall make has been deposited in the TV Broadcaster Relo- all reimbursements required by subparagraph cation Fund, the Commission may borrow from (A) the first date when the reverse auction (A) not later than the date that is 3 years after the Treasury of the United States an amount under subsection (a)(1), the reassignments and the completion of the forward auction under not to exceed $1,000,000,000 to use toward the reallocations (if any) under subsection (b)(1)(B), subsection (c)(1). payments required by subsection (b)(4)(A). and the forward auction under subsection (c)(1) (5) LOW-POWER TELEVISION USAGE RIGHTS.— (B) REIMBURSEMENT.—The Commission shall have been completed; Nothing in this subsection shall be construed to reimburse the general fund of the Treasury, (B) the date of a determination by the Com- alter the spectrum usage rights of low-power tel- without interest, for any amounts borrowed mission that the amount of the proceeds from evision stations. under subparagraph (A) as funds are deposited the forward auction under subsection (c)(1) is (c) FORWARD AUCTION.— into the TV Broadcaster Relocation Fund. not greater than the sum described in subsection RANSFER OF UNUSED FUNDS (1) AUCTION REQUIRED.—The Commission (4) T .—If any (c)(2)(B); or shall conduct a forward auction in which— amounts remain in the TV Broadcaster Reloca- (C) September 30, 2022. tion Fund after the date that is 3 years after the (A) the Commission assigns licenses for the (h) PROTEST RIGHT INAPPLICABLE.—The right completion of the forward auction under sub- use of the spectrum that the Commission reallo- of a licensee to protest a proposed order of modi- section (c)(1), the Secretary of the Treasury cates under subsection (b)(1)(B)(ii); and fication of its license under section 316 of the shall— (B) the amount of the proceeds that the Com- Communications Act of 1934 (47 U.S.C. 316) shall (A) prior to the end of fiscal year 2022, transmission shares under clause (i) of section not apply in the case of a modification made fer such amounts to the Public Safety Trust 309(j)(8)(G) of the Communications Act of 1934 under this section. Fund established by section 6413(a)(1); and with each licensee whose bid the Commission ac- (i) COMMISSION AUTHORITY.—Nothing in sub- (B) after the end of fiscal year 2022, transfer cepts in the reverse auction under subsection section (b) shall be construed to— such amounts to the general fund of the Treas- (a)(1) is not less than the amount of such bid. ury, where such amounts shall be dedicated for (1) expand or contract the authority of the (2) MINIMUM PROCEEDS.— the sole purpose of deficit reduction. Commission, except as otherwise expressly provided; or (A) IN GENERAL.—If the amount of the pro- (e) NUMERICAL LIMITATION ON AUCTIONS AND ceeds from the forward auction under para- REORGANIZATION.—The Commission may not (2) prevent the implementation of the Commis- graph (1) is not greater than the sum described complete more than one reverse auction under sion’s ‘‘White Spaces’’ Second Report and Order in subparagraph (B), no licenses shall be as- subsection (a)(1) or more than one reorganiza- and Memorandum Opinion and Order (FCC 08– signed through such forward auction, no re- tion of the broadcast television spectrum under 260, adopted November 4, 2008) in the spectrum assignments or reallocations under subsection subsection (b). that remains allocated for broadcast television (b)(1)(B) shall become effective, and the Com- (f) TIMING.— use after the reorganization required by such mission may not revoke any spectrum usage (1) CONTEMPORANEOUS AUCTIONS AND REORGA- subsection. rights by reason of a bid that the Commission NIZATION PERMITTED.—The Commission may SEC. 6404. CERTAIN CONDITIONS ON AUCTION accepts in the reverse auction under subsection conduct the reverse auction under subsection PARTICIPATION PROHIBITED. (a)(1). (a)(1), any reassignments or reallocations under Section 309(j) of the Communications Act of (B) SUM DESCRIBED.—The sum described in subsection (b)(1)(B), and the forward auction 1934 (47 U.S.C. 309(j)) is amended by adding at this subparagraph is the sum of— under subsection (c)(1) on a contemporaneous the end the following new paragraph: (i) the total amount of compensation that the basis. ‘‘(17) CERTAIN CONDITIONS ON AUCTION PAR- Commission must pay successful bidders in the (2) EFFECTIVENESS OF REASSIGNMENTS AND RE- TICIPATION PROHIBITED.— reverse auction under subsection (a)(1); ALLOCATIONS.—Notwithstanding paragraph (1), ‘‘(A) IN GENERAL.—Notwithstanding any other (ii) the costs of conducting such forward auc- no reassignments or reallocations under sub- provision of law, the Commission may not pre- tion that the salaries and expenses account of section (b)(1)(B) shall become effective until the vent a person from participating in a system of the Commission is required to retain under sec- completion of the reverse auction under sub- competitive bidding under this subsection if tion 309(j)(8)(B) of the Communications Act of section (a)(1) and the forward auction under such person— 1934 (47 U.S.C. 309(j)(8)(B)); and subsection (c)(1), and, to the extent practicable, ‘‘(i) complies with all the auction procedures (iii) the estimated costs for which the Commis- all such reassignments and reallocations shall and other requirements to protect the auction sion is required to make reimbursements under become effective simultaneously. process established by the Commission; and subsection (b)(4)(A). (3) DEADLINE.—The Commission may not con- (C) ADMINISTRATIVE COSTS.—The amount of duct the reverse auction under subsection (a)(1) ‘‘(ii) either— the proceeds from the forward auction under or the forward auction under subsection (c)(1) ‘‘(I) meets the technical, financial, character, paragraph (1) that the salaries and expenses ac- after the end of fiscal year 2022. and citizenship qualifications that the Commis- count of the Commission is required to retain (4) LIMIT ON DISCRETION REGARDING AUCTION sion may require under section 303(l)(1), 308(b), under section 309(j)(8)(B) of the Communica- TIMING.—Section 309(j)(15)(A) of the Commu- or 310 to hold a license; or tions Act of 1934 (47 U.S.C. 309(j)(8)(B)) shall be nications Act of 1934 (47 U.S.C. 309(j)(15)(A)) ‘‘(II) would meet such license qualifications sufficient to cover the costs incurred by the shall not apply in the case of an auction con- by means approved by the Commission prior to Commission in conducting the reverse auction ducted under this section. the grant of the license. under subsection (a)(1), conducting the evalua- (g) LIMITATION ON REORGANIZATION AUTHOR- ‘‘(B) CLARIFICATION OF AUTHORITY.—Nothing tion of the broadcast television spectrum under ITY.— in subparagraph (A) affects any authority the subparagraph (A) of subsection (b)(1), and mak- (1) IN GENERAL.—During the period described Commission has to adopt and enforce rules of ing any reassignments or reallocations under in paragraph (2), the Commission may not— general applicability, including rules

VerDate Mar 15 2010 05:05 Feb 17, 2012 Jkt 019060 PO 00000 Frm 00050 Fmt 4634 Sfmt 6333 E:\CR\FM\A16FE7.005 H16FEPT1 jbell on DSK7SPTVN1PROD with HOUSE February 16, 2012 CONGRESSIONAL RECORD — HOUSE H855 concerning spectrum aggregation that promote use of a guard band that the Commission deter- stall, construct, and maintain wireless service competition.’’. mines would cause harmful interference to li- antenna structures and equipment and SEC. 6405. EXTENSION OF AUCTION AUTHORITY. censed services. backhaul transmission equipment, the executive Section 309(j)(11) of the Communications Act SEC. 6408. STUDY ON RECEIVER PERFORMANCE agency having control of the building or other of 1934 (47 U.S.C. 309(j)(11)) is amended by strik- AND SPECTRUM EFFICIENCY. property may grant to the applicant, on behalf ing ‘‘2012’’ and inserting ‘‘2022’’. (a) IN GENERAL.—The Comptroller General of of the Federal Government, an easement or right-of-way to perform such installation, con- SEC. 6406. UNLICENSED USE IN THE 5 GHZ BAND. the United States shall conduct a study to construction, and maintenance. (a) MODIFICATION OF COMMISSION REGULA- sider efforts to ensure that each transmission TIONS TO ALLOW CERTAIN UNLICENSED USE.— system is designed and operated so that reason- (2) APPLICATION.—The Administrator of Gen- able use of adjacent spectrum does not exces- (1) IN GENERAL.—Subject to paragraph (2), not eral Services shall develop a common form for later than 1 year after the date of the enactment sively impair the functioning of such system. applications for easements and rights-of-way of this Act, the Commission shall begin a pro- (b) REQUIRED CONSIDERATIONS.—In con- under paragraph (1) for all executive agencies ceeding to modify part 15 of title 47, Code of ducting the study required by subsection (a), the that shall be used by applicants with respect to Federal Regulations, to allow unlicensed U–NII Comptroller General shall consider— the buildings or other property of each such devices to operate in the 5350–5470 MHz band. (1) the value of— agency. (2) REQUIRED DETERMINATIONS.—The Commis- (A) improving receiver performance as it re- (3) FEE.— lates to increasing spectral efficiency; sion may make the modification described in (A) IN GENERAL.—Notwithstanding any other paragraph (1) only if the Commission, in con- (B) improving the operation of services that provision of law, the Administrator of General sultation with the Assistant Secretary, deter- are located in adjacent spectrum; and Services shall establish a fee for the grant of an mines that— (C) narrowing the guard bands between adja- easement or right-of-way pursuant to para- (A) licensed users will be protected by tech- cent spectrum use; graph (1) that is based on direct cost recovery. (2) the role of manufacturers, commercial li- nical solutions, including use of existing, modi- (B) EXCEPTIONS.—The Administrator of Gen- censees, and government users with respect to fied, or new spectrum-sharing technologies and eral Services may establish exceptions to the fee their transmission systems and the use of adja- solutions, such as dynamic frequency selection; amount required under subparagraph (A)— and cent spectrum; (i) in consideration of the public benefit pro- (B) the primary mission of Federal spectrum (3) the feasibility of industry self-compliance vided by a grant of an easement or right-of-way; users in the 5350–5470 MHz band will not be with respect to the design and operational re- and compromised by the introduction of unlicensed quirements of transmission systems and the rea- devices. sonable use of adjacent spectrum; and (ii) in the interest of expanding wireless and (b) STUDY BY NTIA.— (4) the value of action by the Commission and broadband coverage. (1) IN GENERAL.—The Assistant Secretary, in the Assistant Secretary to establish, by rule, (4) USE OF FEES COLLECTED.—Any fee consultation with the Department of Defense technical requirements or standards for non- amounts collected by an executive agency pur- and other impacted agencies, shall conduct a Federal and Federal use, respectively, with re- suant to paragraph (3) may be made available, study evaluating known and proposed spec- spect to the reasonable use of portions of the as provided in appropriations Acts, to such trum-sharing technologies and the risk to Fed- radio spectrum that are adjacent to each other. agency to cover the costs of granting the ease- eral users if unlicensed U–NII devices were al- (c) REPORT.—Not later than 1 year after the ment or right-of-way. lowed to operate in the 5350–5470 MHz band and date of the enactment of this Act, the Comp- (c) MASTER CONTRACTS FOR WIRELESS FACIL- in the 5850–5925 MHz band. troller General shall submit a report on the re- ITY SITINGS.— sults of the study required by subsection (a) to (2) SUBMISSION.—The Assistant Secretary (1) IN GENERAL.—Notwithstanding section 704 shall submit to the Commission and the Com- the Committee on Energy and Commerce of the House of Representatives and the Committee on of the Telecommunications Act of 1996 or any mittee on Energy and Commerce of the House of other provision of law, and not later than 60 Representatives and the Committee on Com- Commerce, Science, and Transportation of the Senate. days after the date of the enactment of this Act, merce, Science, and Transportation of the Sen- the Administrator of General Services shall— ate— (d) TRANSMISSION SYSTEM DEFINED.—In this (A) develop 1 or more master contracts that (A) not later than 8 months after the date of section, the term ‘‘transmission system’’ means shall govern the placement of wireless service the enactment of this Act, a report on the por- any telecommunications, broadcast, satellite, antenna structures on buildings and other prop- tion of the study required by paragraph (1) with commercial mobile service, or other communica- erty owned by the Federal Government; and respect to the 5350–5470 MHz band; and tions system that employs radio spectrum. (B) not later than 18 months after the date of SEC. 6409. WIRELESS FACILITIES DEPLOYMENT. (B) in developing the master contract or con- the enactment of this Act, a report on the por- (a) FACILITY MODIFICATIONS.— tracts, standardize the treatment of the place- tion of the study required by paragraph (1) with (1) IN GENERAL.—Notwithstanding section 704 ment of wireless service antenna structures on respect to the 5850–5925 MHz band. of the Telecommunications Act of 1996 (Public building rooftops or facades, the placement of (c) DEFINITIONS.—In this section: Law 104–104) or any other provision of law, a wireless service antenna equipment on rooftops (1) 5350–5470 MHZ BAND.—The term ‘‘5350–5470 State or local government may not deny, and or inside buildings, the technology used in con- MHz band’’ means the portion of the electro- shall approve, any eligible facilities request for nection with wireless service antenna structures magnetic spectrum between the frequencies from a modification of an existing wireless tower or or equipment placed on Federal buildings and 5350 megahertz to 5470 megahertz. base station that does not substantially change other property, and any other key issues the (2) 5850–5925 MHZ BAND.—The term ‘‘5850–5925 the physical dimensions of such tower or base Administrator of General Services considers ap- MHz band’’ means the portion of the electro- station. propriate. magnetic spectrum between the frequencies from (2) ELIGIBLE FACILITIES REQUEST.—For pur- (2) APPLICABILITY.—The master contract or 5850 megahertz to 5925 megahertz. poses of this subsection, the term ‘‘eligible facili- contracts developed by the Administrator of SEC. 6407. GUARD BANDS AND UNLICENSED USE. ties request’’ means any request for modification General Services under paragraph (1) shall (a) IN GENERAL.—Nothing in subparagraph of an existing wireless tower or base station that apply to all publicly accessible buildings and (G) of section 309(j)(8) of the Communications involves— other property owned by the Federal Govern- Act of 1934, as added by section 6402, or in sec- (A) collocation of new transmission equipment, unless the Administrator of General Serv- tion 6403 shall be construed to prevent the Com- ment; ices decides that issues with respect to the siting mission from using relinquished or other spec- (B) removal of transmission equipment; or of a wireless service antenna structure on a spe- trum to implement band plans with guard (C) replacement of transmission equipment. cific building or other property warrant non- bands. (3) APPLICABILITY OF ENVIRONMENTAL LAWS.— standard treatment of such building or other property. (b) SIZE OF GUARD BANDS.—Such guard bands Nothing in paragraph (1) shall be construed to shall be no larger than is technically reasonable relieve the Commission from the requirements of (3) APPLICATION.—The Administrator of Gen- to prevent harmful interference between licensed the National Historic Preservation Act or the eral Services shall develop a common form or set services outside the guard bands. National Environmental Policy Act of 1969. of forms for wireless service antenna structure (c) UNLICENSED USE IN GUARD BANDS.—The (b) FEDERAL EASEMENTS AND RIGHTS-OF- siting applications under this subsection for all Commission may permit the use of such guard WAY.— executive agencies that shall be used by appli- bands for unlicensed use. (1) GRANT.—If an executive agency, a State, a cants with respect to the buildings and other (d) DATABASE.—Unlicensed use shall rely on a political subdivision or agency of a State, or a property of each such agency. database or subsequent methodology as deter- person, firm, or organization applies for the (d) EXECUTIVE AGENCY DEFINED.—In this sec- mined by the Commission. grant of an easement or right-of-way to, in, tion, the term ‘‘executive agency’’ has the mean- (e) PROTECTIONS AGAINST HARMFUL INTER- over, or on a building or other property owned ing given such term in section 102 of title 40, FERENCE.—The Commission may not permit any by the Federal Government for the right to in- United States Code.

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SEC. 6410. FUNCTIONAL RESPONSIBILITY OF NTIA (e) NO ADDITIONAL FUNDS AUTHORIZED.— (1)(A) a review of the importance of emer- TO ENSURE EFFICIENT USE OF Funds necessary to carry out this section shall gency amateur radio service communications re- SPECTRUM. be derived from funds otherwise authorized to be lating to disasters, severe weather, and other Section 103(b)(2) of the National Tele- appropriated. threats to lives and property in the United communications and Information Administra- SEC. 6413. PUBLIC SAFETY TRUST FUND. States; and tion Organization Act (47 U.S.C. 902(b)(2)) is (a) ESTABLISHMENT OF PUBLIC SAFETY TRUST (B) recommendations for— amended by adding at the end the following: FUND.— (i) enhancements in the voluntary deployment ‘‘(U) The responsibility to promote the best (1) IN GENERAL.—There is established in the of amateur radio operators in disaster and emer- possible and most efficient use of electro- Treasury of the United States a trust fund to be gency communications and disaster relief ef- magnetic spectrum resources across the Federal known as the Public Safety Trust Fund. forts; and Government, subject to and consistent with the (2) AVAILABILITY.—Amounts deposited in the (ii) improved integration of amateur radio op- needs and missions of Federal agencies.’’. Public Safety Trust Fund shall remain available erators in the planning and furtherance of ini- SEC. 6411. SYSTEM CERTIFICATION. through fiscal year 2022. Any amounts remain- tiatives of the Federal Government; and Not later than 6 months after the date of the ing in the Fund after the end of such fiscal year (2)(A) an identification of impediments to en- enactment of this Act, the Director of the Office shall be deposited in the general fund of the hanced amateur radio service communications, of Management and Budget shall update and Treasury, where such amounts shall be dedi- such as the effects of unreasonable or unneces- revise section 33.4 of OMB Circular A–11 to re- cated for the sole purpose of deficit reduction. sary private land use restrictions on residential flect the recommendations regarding such Cir- (b) USE OF FUND.—As amounts are deposited antenna installations; and cular made in the Commerce Spectrum Manage- in the Public Safety Trust Fund, such amounts (B) recommendations regarding the removal of ment Advisory Committee Incentive Sub- shall be used to make the following deposits or such impediments. committee report, adopted January 11, 2011. payments in the following order of priority: (c) EXPERTISE.—In conducting the study re- SEC. 6412. DEPLOYMENT OF 11 GHZ, 18 GHZ, AND (1) REPAYMENT OF AMOUNT BORROWED FOR quired by subsection (a), the Commission shall 23 GHZ MICROWAVE BANDS. FIRST RESPONDER NETWORK AUTHORITY.—An use the expertise of stakeholder entities and or- (a) FCC REPORT ON REJECTION RATE.—Not amount not to exceed $2,000,000,000 shall be ganizations, including the amateur radio, emer- later than 9 months after the date of the enact- available to the NTIA to reimburse the general gency response, and disaster communications ment of this Act, the Commission shall submit to fund of the Treasury for any amounts borrowed communities. the Committee on Energy and Commerce of the under section 6207. Subtitle E—Next Generation 9–1–1 House of Representatives and the Committee on (2) STATE AND LOCAL IMPLEMENTATION Advancement Act of 2012 Commerce, Science, and Transportation of the FUND.—$135,000,000 shall be deposited in the SEC. 6501. SHORT TITLE. Senate a report on the rejection rate for the State and Local Implementation Fund estab- spectrum described in subsection (c). lished by section 6301. This subtitle may be cited as the ‘‘Next Gen- eration 9–1–1 Advancement Act of 2012’’. (b) GAO STUDY ON DEPLOYMENT.— (3) BUILDOUT BY FIRST RESPONDER NETWORK (1) IN GENERAL.—The Comptroller General of AUTHORITY.—$7,000,000,000, reduced by the SEC. 6502. DEFINITIONS. the United States shall conduct a study to as- amount borrowed under section 6207, shall be In this subtitle, the following definitions shall sess whether the spectrum described in sub- deposited in the Network Construction Fund es- apply: section (c) is being deployed in such a manner tablished by section 6206. (1) 9–1–1 SERVICES AND E9–1–1 SERVICES.—The that, in areas with high demand for common (4) PUBLIC SAFETY RESEARCH.—$100,000,000 terms ‘‘9–1–1 services’’ and ‘‘E9–1–1 services’’ carrier licenses for the use of such spectrum, shall be available to the Director of NIST to shall have the meaning given those terms in sec- market forces— carry out section 6303. tion 158 of the National Telecommunications (A) provide adequate incentive for the effi- (5) DEFICIT REDUCTION.—$20,400,000,000 shall and Information Administration Organization cient use of such spectrum; and be deposited in the general fund of the Treas- Act (47 U.S.C. 942), as amended by this subtitle. ury, where such amount shall be dedicated for (B) ensure that the Federal Government re- (2) MULTI-LINE TELEPHONE SYSTEM.—The term the sole purpose of deficit reduction. ceives maximum revenue for such spectrum ‘‘multi-line telephone system’’ or ‘‘MLTS’’ (6) 9–1–1, E9–1–1, AND NEXT GENERATION 9–1–1 through competitive bidding under section 309(j) means a system comprised of common control IMPLEMENTATION GRANTS.—$115,000,000 shall be of the Communications Act of 1934 (47 U.S.C. units, telephone sets, control hardware and soft- available to the Assistant Secretary and the Ad- 309(j)). ware and adjunct systems, including network ministrator of the National Highway Traffic (2) FACTORS FOR CONSIDERATION.—In con- and premises based systems, such as Centrex Safety Administration to carry out the grant ducting the study required by paragraph (1), the and VoIP, as well as PBX, Hybrid, and Key program under section 158 of the National Tele- Comptroller General shall take into consider- Telephone Systems (as classified by the Commis- communications and Information Administra- ation— sion under part 68 of title 47, Code of Federal tion Organization Act, as amended by section Regulations), and includes systems owned or (A) spectrum that is adjacent to the spectrum 6503 of this title. described in subsection (c) and that was as- leased by governmental agencies and non-profit (7) ADDITIONAL PUBLIC SAFETY RESEARCH.— signed through competitive bidding under sec- entities, as well as for profit businesses. $200,000,000 shall be available to the Director of tion 309(j) of the Communications Act of 1934; (3) OFFICE.—The term ‘‘Office’’ means the 9– NIST to carry out section 6303. and 1–1 Implementation Coordination Office estab- (8) ADDITIONAL DEFICIT REDUCTION.—Any re- (B) the rejection rate for the spectrum de- lished under section 158 of the National Tele- maining amounts deposited in the Public Safety communications and Information Administra- scribed in subsection (c), current as of the time Trust Fund shall be deposited in the general of the assessment and as projected for the fu- tion Organization Act (47 U.S.C. 942), as amend- fund of the Treasury, where such amounts shall ed by this subtitle. ture, in markets in which there is a high de- be dedicated for the sole purpose of deficit re- mand for common carrier licenses for the use of duction. SEC. 6503. COORDINATION OF 9–1–1 IMPLEMENTA- such spectrum. TION. (c) INVESTMENT.—Amounts in the Public Safe- (3) REPORT.—Not later than 9 months after ty Trust Fund shall be invested in accordance Section 158 of the National Telecommuni- the date of the enactment of this Act, the Comp- with section 9702 of title 31, United States Code, cations and Information Administration Organi- troller General shall submit a report on the and any interest on, and proceeds from, any zation Act (47 U.S.C. 942) is amended to read as study required by paragraph (1) to— such investment shall be credited to, and become follows: (A) the Commission; and a part of, the Fund. ‘‘SEC. 158. COORDINATION OF 9–1–1, E9–1–1, AND NEXT GENERATION 9–1–1 IMPLEMEN- (B) the Committee on Energy and Commerce SEC. 6414. STUDY ON EMERGENCY COMMUNICA- TATION. of the House of Representatives and the Com- TIONS BY AMATEUR RADIO AND IM- mittee on Commerce, Science, and Transpor- PEDIMENTS TO AMATEUR RADIO ‘‘(a) 9–1–1 IMPLEMENTATION COORDINATION tation of the Senate. COMMUNICATIONS. OFFICE.— (c) SPECTRUM DESCRIBED.—The spectrum de- (a) IN GENERAL.—Not later than 180 days ‘‘(1) ESTABLISHMENT AND CONTINUATION.—The scribed in this subsection is the portions of the after the date of the enactment of this Act, the Assistant Secretary and the Administrator of the electromagnetic spectrum between the fre- Commission, in consultation with the Office of National Highway Traffic Safety Administra- quencies from 10,700 megahertz to 11,700 mega- Emergency Communications in the Department tion shall— hertz, from 17,700 megahertz to 19,700 mega- of Homeland Security, shall— ‘‘(A) establish and further a program to facili- hertz, and from 21,200 megahertz to 23,600 mega- (1) complete a study on the uses and capabili- tate coordination and communication between hertz. ties of amateur radio service communications in Federal, State, and local emergency communica- (d) REJECTION RATE DEFINED.—In this sec- emergencies and disaster relief; and tions systems, emergency personnel, public safe- tion, the term ‘‘rejection rate’’ means the num- (2) submit to the Committee on Energy and ty organizations, telecommunications carriers, ber and percent of applications (whether made Commerce of the House of Representatives and and telecommunications equipment manufactur- to the Commission or to a third-party coordi- the Committee on Commerce, Science, and ers and vendors involved in the implementation nator) for common carrier use of spectrum that Transportation of the Senate a report on the of 9–1–1 services; and were not granted because of lack of availability findings of such study. ‘‘(B) establish a 9–1–1 Implementation Coordi- of such spectrum or interference concerns of ex- (b) CONTENTS.—The study required by sub- nation Office to implement the provisions of this isting licensees. section (a) shall include— section.

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‘‘(2) MANAGEMENT PLAN.— ‘‘(ii) has designated a single officer or govern- ‘‘(B) return any grant awarded under sub- ‘‘(A) DEVELOPMENT.—The Assistant Secretary mental body of the entity to serve as the coordi- section (b) during the time that the certification and the Administrator shall develop a manage- nator of implementation of 9–1–1 services, except was not valid; and ment plan for the grant program established that such designation need not vest such coordi- ‘‘(C) not be eligible to receive any subsequent under this section, including by developing— nator with direct legal authority to implement grants under subsection (b). ‘‘(i) plans related to the organizational struc- 9–1–1 services, E9–1–1 services, or Next Genera- ture of such program; and tion 9–1–1 services or to manage emergency com- ‘‘(d) FUNDING AND TERMINATION.— ‘‘(ii) funding profiles for each fiscal year of munications operations; ‘‘(1) IN GENERAL.—From the amounts made the duration of such program. ‘‘(iii) has established a plan for the coordina- available to the Assistant Secretary and the Ad- ‘‘(B) SUBMISSION TO CONGRESS.—Not later tion and implementation of 9–1–1 services, E9–1– ministrator under section 6413(b)(6) of the Mid- than 90 days after the date of enactment of the 1 services, and Next Generation 9–1–1 services; dle Class Tax Relief and Job Creation Act of Next Generation 9–1–1 Advancement Act of 2012, and 2012, the Assistant Secretary and the Adminis- the Assistant Secretary and the Administrator ‘‘(iv) has integrated telecommunications serv- trator are authorized to provide grants under shall submit the management plan developed ices involved in the implementation and delivery this section through the end of fiscal year 2022. under subparagraph (A) to— of 9–1–1 services, E9–1–1 services, and Next Gen- Not more than 5 percent of such amounts may ‘‘(i) the Committees on Commerce, Science, eration 9–1–1 services; or be obligated or expended to cover the adminis- and Transportation and Appropriations of the ‘‘(B) in the case of an eligible entity that is trative costs of carrying out this section. Senate; and not a State, the entity has complied with clauses ‘‘(2) TERMINATION.—Effective on October 1, ‘‘(ii) the Committees on Energy and Commerce (i), (iii), and (iv) of subparagraph (A), and the 2022, the authority provided by this section ter- and Appropriations of the House of Representa- State in which it is located has complied with minates and this section shall have no effect. tives. clause (ii) of such subparagraph. ‘‘(3) PURPOSE OF OFFICE.—The Office shall— ‘‘(4) CRITERIA.—Not later than 120 days after ‘‘(e) DEFINITIONS.—In this section, the fol- ‘‘(A) take actions, in concert with coordina- the date of enactment of the Next Generation 9– lowing definitions shall apply: tors designated in accordance with subsection 1–1 Advancement Act of 2012, the Assistant Sec- ‘‘(1) 9–1–1 SERVICES.—The term ‘9–1–1 services’ (b)(3)(A)(ii), to improve coordination and com- retary and the Administrator shall issue regula- includes both E9–1–1 services and Next Genera- munication with respect to the implementation tions, after providing the public with notice and tion 9–1–1 services. of 9–1–1 services, E9–1–1 services, and Next Gen- an opportunity to comment, prescribing the cri- ‘‘(2) E9–1–1 SERVICES.—The term ‘E9–1–1 serv- eration 9–1–1 services; teria for selection for grants under this section. ices’ means both phase I and phase II enhanced ‘‘(B) develop, collect, and disseminate infor- The criteria shall include performance require- 9–1–1 services, as described in section 20.18 of mation concerning practices, procedures, and ments and a timeline for completion of any the Commission’s regulations (47 C.F.R. 20.18), technology used in the implementation of 9–1–1 project to be financed by a grant under this sec- as in effect on the date of enactment of the Next services, E9–1–1 services, and Next Generation 9– tion. The Assistant Secretary and the Adminis- Generation 9–1–1 Advancement Act of 2012, or as 1–1 services; trator shall update such regulations as nec- subsequently revised by the Commission. ‘‘(C) advise and assist eligible entities in the essary. preparation of implementation plans required ‘‘(c) DIVERSION OF 9–1–1 CHARGES.— ‘‘(3) ELIGIBLE ENTITY.— under subsection (b)(3)(A)(iii); ‘‘(1) DESIGNATED 9–1–1 CHARGES.—For the pur- ‘‘(A) IN GENERAL.—The term ‘eligible entity’ ‘‘(D) receive, review, and recommend the ap- poses of this subsection, the term ‘designated 9– means a State or local government or a tribal or- proval or disapproval of applications for grants 1–1 charges’ means any taxes, fees, or other ganization (as defined in section 4(l) of the In- under subsection (b); and charges imposed by a State or other taxing juris- dian Self-Determination and Education Assist- ‘‘(E) oversee the use of funds provided by such diction that are designated or presented as dedi- ance Act (25 U.S.C. 450b(l))). grants in fulfilling such implementation plans. cated to deliver or improve 9–1–1 services, E9–1– ‘‘(B) INSTRUMENTALITIES.—The term ‘eligible ‘‘(4) REPORTS.—The Assistant Secretary and 1 services, or Next Generation 9–1–1 services. entity’ includes public authorities, boards, com- the Administrator shall provide an annual re- ‘‘(2) CERTIFICATION.—Each applicant for a missions, and similar bodies created by one or port to Congress by the first day of October of matching grant under this section shall certify more eligible entities described in subparagraph each year on the activities of the Office to im- to the Assistant Secretary and the Administrator (A) to provide 9–1–1 services, E9–1–1 services, or at the time of application, and each applicant prove coordination and communication with re- Next Generation 9–1–1 services. spect to the implementation of 9–1–1 services, that receives such a grant shall certify to the E9–1–1 services, and Next Generation 9–1–1 serv- Assistant Secretary and the Administrator an- ‘‘(C) EXCEPTION.—The term ‘eligible entity’ ices. nually thereafter during any period of time dur- does not include any entity that has failed to submit the most recently required certification ‘‘(b) 9–1–1, E9–1–1, AND NEXT GENERATION 9–1– ing which the funds from the grant are avail- under subsection (c) within 30 days after the 1 IMPLEMENTATION GRANTS.— able to the applicant, that no portion of any ‘‘(1) MATCHING GRANTS.—The Assistant Sec- designated 9–1–1 charges imposed by a State or date on which such certification is due. retary and the Administrator, acting through other taxing jurisdiction within which the ap- ‘‘(4) EMERGENCY CALL.—The term ‘emergency the Office, shall provide grants to eligible enti- plicant is located are being obligated or ex- call’ refers to any real-time communication with ties for— pended for any purpose other than the purposes a public safety answering point or other emer- ‘‘(A) the implementation and operation of 9–1– for which such charges are designated or pre- gency management or response agency, includ- 1 services, E9–1–1 services, migration to an IP- sented during the period beginning 180 days im- ing— enabled emergency network, and adoption and mediately preceding the date of the application ‘‘(A) through voice, text, or video and related operation of Next Generation 9–1–1 services and and continuing through the period of time dur- data; and applications; ing which the funds from the grant are avail- ‘‘(B) nonhuman-initiated automatic event ‘‘(B) the implementation of IP-enabled emer- able to the applicant. alerts, such as alarms, telematics, or sensor gency services and applications enabled by Next ‘‘(3) CONDITION OF GRANT.—Each applicant data, which may also include real-time voice, Generation 9–1–1 services, including the estab- for a grant under this section shall agree, as a text, or video communications. lishment of IP backbone networks and the ap- condition of receipt of the grant, that if the plication layer software infrastructure needed to State or other taxing jurisdiction within which ‘‘(5) NEXT GENERATION 9–1–1 SERVICES.—The interconnect the multitude of emergency re- the applicant is located, during any period of term ‘Next Generation 9–1–1 services’ means an sponse organizations; and time during which the funds from the grant are IP-based system comprised of hardware, soft- ‘‘(C) training public safety personnel, includ- available to the applicant, obligates or expends ware, data, and operational policies and proce- ing call-takers, first responders, and other indi- designated 9–1–1 charges for any purpose other dures that— viduals and organizations who are part of the than the purposes for which such charges are ‘‘(A) provides standardized interfaces from emergency response chain in 9–1–1 services. designated or presented, eliminates such emergency call and message services to support ‘‘(2) MATCHING REQUIREMENT.—The Federal charges, or redesignates such charges for pur- emergency communications; share of the cost of a project eligible for a grant poses other than the implementation or oper- ‘‘(B) processes all types of emergency calls, in- under this section shall not exceed 60 percent. ation of 9–1–1 services, E9–1–1 services, or Next cluding voice, data, and multimedia informa- ‘‘(3) COORDINATION REQUIRED.—In providing Generation 9–1–1 services, all of the funds from tion; grants under paragraph (1), the Assistant Sec- such grant shall be returned to the Office. retary and the Administrator shall require an ‘‘(4) PENALTY FOR PROVIDING FALSE INFORMA- ‘‘(C) acquires and integrates additional emer- eligible entity to certify in its application that— TION.—Any applicant that provides a certifi- gency call data useful to call routing and han- ‘‘(A) in the case of an eligible entity that is a cation under paragraph (2) knowing that the dling; State government, the entity— information provided in the certification was ‘‘(D) delivers the emergency calls, messages, ‘‘(i) has coordinated its application with the false shall— and data to the appropriate public safety an- public safety answering points located within ‘‘(A) not be eligible to receive the grant under swering point and other appropriate emergency the jurisdiction of such entity; subsection (b); entities;

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‘‘(E) supports data or video communications swering point, and the officers, directors, em- (b) PURPOSE OF REPORT.—The purpose of the needs for coordinated incident response and ployees, vendors, agents, and authorizing gov- report required under subsection (a) is to serve management; and ernment entity (if any) of such provider, user, as a resource for Congress as it considers cre- ‘‘(F) provides broadband service to public or public safety answering point, shall have im- ating a coordinated, long-term funding mecha- safety answering points or other first responder munity and protection from liability under Fed- nism for the deployment and operation, accessi- entities. eral and State law to the extent provided in sub- bility, application development, equipment pro- ‘‘(6) OFFICE.—The term ‘Office’ means the 9– section (b) with respect to— curement, and training of personnel for Next 1–1 Implementation Coordination Office. (1) the release of subscriber information re- Generation 9–1–1 services. ‘‘(7) PUBLIC SAFETY ANSWERING POINT.—The lated to emergency calls or emergency services; (c) REQUIRED INCLUSIONS.—The report re- term ‘public safety answering point’ has the (2) the use or provision of 9–1–1 services, E9– quired under subsection (a) shall include the meaning given the term in section 222 of the 1–1 services, or Next Generation 9–1–1 services; following: Communications Act of 1934 (47 U.S.C. 222). and (1) How costs would be broken out geographi- ‘‘(8) STATE.—The term ‘State’ means any State (3) other matters related to 9–1–1 services, E9– cally and allocated among public safety answer- of the United States, the District of Columbia, 1–1 services, or Next Generation 9–1–1 services. ing points, broadband service providers, and Puerto Rico, American Samoa, Guam, the (b) SCOPE OF IMMUNITY AND PROTECTION third-party providers of Next Generation 9–1–1 United States Virgin Islands, the Northern Mar- FROM LIABILITY.—The scope and extent of the services. iana Islands, and any other territory or posses- immunity and protection from liability afforded sion of the United States.’’. under subsection (a) shall be the same as that (2) An assessment of the current state of Next provided under section 4 of the Wireless Commu- SEC. 6504. REQUIREMENTS FOR MULTI-LINE Generation 9–1–1 service readiness among public TELEPHONE SYSTEMS. nications and Public Safety Act of 1999 (47 safety answering points. U.S.C. 615a) to wireless carriers, public safety (a) IN GENERAL.—Not later than 270 days (3) How differences in public safety answering after the date of the enactment of this Act, the answering points, and users of wireless 9–1–1 points’ access to broadband across the United Administrator of General Services, in conjunc- service (as defined in paragraphs (4), (3), and States may affect costs. (6), respectively, of section 6 of that Act (47 tion with the Office, shall issue a report to Con- (4) A technical analysis and cost study of dif- gress identifying the 9–1–1 capabilities of the U.S.C. 615b)) with respect to such release, use, and other matters. ferent delivery platforms, such as wireline, wire- multi-line telephone system in use by all Federal less, and satellite. agencies in all Federal buildings and properties. SEC. 6507. COMMISSION PROCEEDING ON AUTODIALING. (5) An assessment of the architectural charac- (b) COMMISSION ACTION.— (a) IN GENERAL.—Not later than 90 days after teristics, feasibility, and limitations of Next Gen- (1) IN GENERAL.—Not later than 90 days after eration 9–1–1 service delivery. the date of the enactment of this Act, the Com- the date of the enactment of this Act, the Com- mission shall issue a public notice seeking commission shall initiate a proceeding to create a (6) An analysis of the needs for Next Genera- ment on the feasibility of MLTS manufacturers specialized Do-Not-Call registry for public safety tion 9–1–1 services of persons with disabilities. answering points. including within all such systems manufactured (7) Standards and protocols for Next Genera- (b) FEATURES OF THE REGISTRY.—The Commis- or sold after a date certain, to be determined by tion 9–1–1 services and for incorporating Voice the Commission, one or more mechanisms to pro- sion shall issue regulations, after providing the public with notice and an opportunity to com- over Internet Protocol and ‘‘Real-Time Text’’ vide a sufficiently precise indication of a 9–1–1 standards. caller’s location, while avoiding the imposition ment, that— of undue burdens on MLTS manufacturers, pro- (1) permit verified public safety answering SEC. 6509. COMMISSION RECOMMENDATIONS FOR viders, and operators. point administrators or managers to register the LEGAL AND STATUTORY FRAME- telephone numbers of all 9–1–1 trunks and other WORK FOR NEXT GENERATION 9–1–1 (2) SPECIFIC REQUIREMENT.—The public notice lines used for the provision of emergency serv- SERVICES. under paragraph (1) shall seek comment on the ices to the public or for communications between National Emergency Number Association’s Not later than 1 year after the date of the en- public safety agencies; ‘‘Technical Requirements Document On Model actment of this Act, the Commission, in coordi- (2) provide a process for verifying, no less fre- Legislation E9–1–1 for Multi-Line Telephone nation with the Secretary of Homeland Security, quently than once every 7 years, that registered Systems’’ (NENA 06–750, Version 2). the Administrator of the National Highway numbers should continue to appear upon the Traffic Safety Administration, and the Office, SEC. 6505. GAO STUDY OF STATE AND LOCAL USE registry; shall prepare and submit a report to Congress OF 9–1–1 SERVICE CHARGES. (3) provide a process for granting and track- that contains recommendations for the legal and (a) IN GENERAL.—Not later than 60 days after ing access to the registry by the operators of statutory framework for Next Generation 9–1–1 the date of the enactment of this Act, the Comp- automatic dialing equipment; services, consistent with recommendations in the troller General of the United States shall initiate (4) protect the list of registered numbers from National Broadband Plan developed by the a study of— disclosure or dissemination by parties granted Commission pursuant to the American Recovery (1) the imposition of taxes, fees, or other access to the registry; and and Reinvestment Act of 2009, including the fol- charges imposed by States or political subdivi- (5) prohibit the use of automatic dialing or lowing: sions of States that are designated or presented ‘‘robocall’’ equipment to establish contact with (1) A legal and regulatory framework for the as dedicated to improve emergency communica- registered numbers. development of Next Generation 9–1–1 services tions services, including 9–1–1 services or en- (c) ENFORCEMENT.—The Commission shall— and the transition from legacy 9–1–1 to Next hanced 9–1–1 services, or related to emergency (1) establish monetary penalties for violations Generation 9–1–1 networks. communications services operations or improve- of the protective regulations established pursu- ments; and ant to subsection (b)(4) of not less than $100,000 (2) Legal mechanisms to ensure efficient and (2) the use of revenues derived from such per incident nor more than $1,000,000 per inci- accurate transmission of 9–1–1 caller informa- taxes, fees, or charges. dent; tion to emergency response agencies. (b) REPORT.—Not later than 18 months after (2) establish monetary penalties for violations (3) Recommendations for removing jurisdic- initiating the study required by subsection (a), of the prohibition on automatically dialing reg- tional barriers and inconsistent legacy regula- the Comptroller General shall prepare and sub- istered numbers established pursuant to sub- tions including— mit a report on the results of the study to the section (b)(5) of not less than $10,000 per call (A) proposals that would require States to re- Committee on Commerce, Science, and Transpor- nor more than $100,000 per call; and move regulatory roadblocks to Next Generation tation of the Senate and the Committee on En- (3) provide for the imposition of fines under 9–1–1 services development, while recognizing ergy and Commerce of the House of Representa- paragraphs (1) or (2) that vary depending upon existing State authority over 9–1–1 services; tives setting forth the findings, conclusions, and whether the conduct leading to the violation recommendations, if any, of the study, includ- was negligent, grossly negligent, reckless, or (B) eliminating outdated 9–1–1 regulations at ing— willful, and depending on whether the violation the Federal level; and (1) the identity of each State or political sub- was a first or subsequent offence. (C) preempting inconsistent State regulations. division that imposes such taxes, fees, or other SEC. 6508. REPORT ON COSTS FOR REQUIRE- charges; and MENTS AND SPECIFICATIONS OF Subtitle F—Telecommunications Development (2) the amount of revenues obligated or ex- NEXT GENERATION 9–1–1 SERVICES. Fund pended by that State or political subdivision for (a) IN GENERAL.—Not later than 1 year after SEC. 6601. NO ADDITIONAL FEDERAL FUNDS. any purpose other than the purposes for which the date of the enactment of this Act, the Office, such taxes, fees, or charges were designated or in consultation with the Administrator of the Section 309(j)(8)(C)(iii) of the Communications presented. National Highway Traffic Safety Administra- Act of 1934 (47 U.S.C. 309(j)(8)(C)(iii)) is amended to read as follows: SEC. 6506. PARITY OF PROTECTION FOR PROVI- tion, the Commission, and the Secretary of SION OR USE OF NEXT GENERATION Homeland Security, shall prepare and submit a ‘‘(iii) the interest accrued to the account shall 9–1–1 SERVICES. report to Congress that analyzes and determines be deposited in the general fund of the Treas- (a) IMMUNITY.—A provider or user of Next detailed costs for specific Next Generation 9–1–1 ury, where such amount shall be dedicated for Generation 9–1–1 services, a public safety an- service requirements and specifications. the sole purpose of deficit reduction.’’.

VerDate Mar 15 2010 05:05 Feb 17, 2012 Jkt 019060 PO 00000 Frm 00054 Fmt 4634 Sfmt 6333 E:\CR\FM\A16FE7.005 H16FEPT1 jbell on DSK7SPTVN1PROD with HOUSE February 16, 2012 CONGRESSIONAL RECORD — HOUSE H859 SEC. 6602. INDEPENDENCE OF THE FUND. pability of systems as before the relocation or (ii) by inserting ‘‘or sharing’’ after ‘‘for relo- Section 714 of the Communications Act of 1934 sharing arrangement. Such term includes, with cation’’; and (47 U.S.C. 614) is amended— respect to relocation or sharing, as the case may (G) by amending paragraph (6) to read as fol- (1) by striking subsection (c) and inserting the be— lows: following: ‘‘(i) the costs of any modification or replace- ‘‘(6) IMPLEMENTATION OF PROCEDURES.—The ‘‘(c) INDEPENDENT BOARD OF DIRECTORS.— ment of equipment, spares, associated ancillary The Fund shall have a Board of Directors con- equipment, software, facilities, operating manu- NTIA shall take such actions as necessary to sisting of 5 people with experience in areas in- als, training, or compliance with regulations ensure the timely relocation of Federal entities’ cluding finance, investment banking, govern- that are attributable to relocation or sharing; spectrum-related operations from frequencies de- ment banking, communications law and admin- ‘‘(ii) the costs of all engineering, equipment, scribed in paragraph (2) to frequencies or facili- istrative practice, and public policy. The Board software, site acquisition, and construction, as ties of comparable capability and to ensure the of Directors shall select annually a Chair from well as any legitimate and prudent transaction timely implementation of arrangements for the among the directors. A nominating committee, expense, including term-limited Federal civil sharing of frequencies described in such para- comprised of the Chair and 2 other directors se- servant and contractor staff necessary to carry graph. Upon a finding by the NTIA that a Fed- lected by the Chair, shall appoint additional di- out the relocation or sharing activities of a Fed- eral entity has achieved comparable capability rectors. The Fund’s bylaws shall regulate the eral entity, and reasonable additional costs in- of systems, the NTIA shall terminate or limit the other aspects of the Board of Directors, includ- curred by the Federal entity that are attrib- entity’s authorization and notify the Commis- ing provisions relating to meetings, quorums, utable to relocation or sharing, including in- sion that the entity’s relocation has been com- committees, and other matters, all as typically creased recurring costs associated with the re- pleted or sharing arrangement has been imple- contained in the bylaws of a similar private in- placement of facilities; mented. The NTIA shall also terminate such entity’s authorization if the NTIA determines that vestment fund.’’; ‘‘(iii) the costs of research, engineering stud- the entity has unreasonably failed to comply (2) in subsection (d)— ies, economic analyses, or other expenses rea- with the timeline for relocation or sharing sub- (A) by striking ‘‘(after consultation with the sonably incurred in connection with— mitted by the Director of the Office of Manage- Commission and the Secretary of the Treas- ‘‘(I) calculating the estimated relocation or ment and Budget under section 118(d)(2)(C).’’; ury)’’; sharing costs that are provided to the Commis- (B) by striking paragraph (1); and sion pursuant to paragraph (4)(A); (2) by redesignating subsections (h) and (i) as (C) by redesignating paragraphs (2) through ‘‘(II) determining the technical or operational subsections (k) and (l), respectively; and (4) as paragraphs (1) through (3), respectively; feasibility of relocation to 1 or more potential re- (3) by inserting after subsection (g) the fol- and location bands; or lowing: (3) in subsection (g), by striking ‘‘subsection ‘‘(III) planning for or managing a relocation ‘‘(h) DEVELOPMENT AND PUBLICATION OF RE- (d)(2)’’ and inserting ‘‘subsection (d)(1)’’. or sharing arrangement (including spectrum co- LOCATION OR SHARING TRANSITION PLANS.— Subtitle G—Federal Spectrum Relocation ordination with auction winners); ‘‘(iv) the one-time costs of any modification of ‘‘(1) DEVELOPMENT OF TRANSITION PLAN BY SEC. 6701. RELOCATION OF AND SPECTRUM equipment reasonably necessary— FEDERAL ENTITY.—Not later than 240 days be- SHARING BY FEDERAL GOVERNMENT fore the commencement of any auction of eligi- STATIONS. ‘‘(I) to accommodate non-Federal use of shared frequencies; or ble frequencies described in subsection (g)(2), a (a) IN GENERAL.—Section 113 of the National Federal entity authorized to use any such fre- Telecommunications and Information Adminis- ‘‘(II) in the case of eligible frequencies reallocated for exclusive non-Federal use and as- quency shall submit to the NTIA and to the tration Organization Act (47 U.S.C. 923) is Technical Panel established by paragraph (3) a amended— signed through a system of competitive bidding under section 309(j) of the Communications Act transition plan for the implementation by such (1) in subsection (g)— entity of the relocation or sharing arrangement. (A) by striking the heading and inserting of 1934 (47 U.S.C. 309(j)) but with respect to which a Federal entity retains primary alloca- The NTIA shall specify, after public input, a ‘‘RELOCATION OF AND SPECTRUM SHARING BY common format for all Federal entities to follow FEDERAL GOVERNMENT STATIONS.—’’; tion or protected status for a period of time after the completion of the competitive bidding proc- in preparing transition plans under this para- (B) by amending paragraph (1) to read as fol- graph. lows: ess, to accommodate shared Federal and non- Federal use of such frequencies for such period; ‘‘(1) ELIGIBLE FEDERAL ENTITIES.—Any Fed- ‘‘(2) CONTENTS OF TRANSITION PLAN.—The eral entity that operates a Federal Government and transition plan required by paragraph (1) shall station authorized to use a band of eligible fre- ‘‘(v) the costs associated with the accelerated include the following information: quencies described in paragraph (2) and that in- replacement of systems and equipment if the ac- ‘‘(A) The use by the Federal entity of the eli- curs relocation or sharing costs because of plan- celeration is necessary to ensure the timely relo- gible frequencies to be auctioned, current as of ning for an auction of spectrum frequencies or cation of systems to a new frequency assignment the date of the submission of the plan. or the timely accommodation of sharing of Fed- the reallocation of spectrum frequencies from ‘‘(B) The geographic location of the facilities Federal use to exclusive non-Federal use or to eral frequencies. ‘‘(B) COMPARABLE CAPABILITY OF SYSTEMS.— or systems of the Federal entity that use such shared use shall receive payment for such relo- frequencies. cation or sharing costs from the Spectrum Relo- For purposes of subparagraph (A), comparable cation Fund, in accordance with this section capability of systems— ‘‘(C) The frequency bands used by such facili- and section 118. For purposes of this paragraph, ‘‘(i) may be achieved by relocating a Federal ties or systems, described by geographic loca- Federal power agencies exempted under sub- Government station to a new frequency assign- tion. section (c)(4) that choose to relocate from the ment, by relocating a Federal Government sta- ‘‘(D) The steps to be taken by the Federal en- frequencies identified for reallocation pursuant tion to a different geographic location, by modi- tity to relocate its spectrum use from such fre- to subsection (a) are eligible to receive payment fying Federal Government equipment to mitigate quencies or to share such frequencies, including under this paragraph.’’; interference or use less spectrum, in terms of timelines for specific geographic locations in (C) by amending paragraph (2)(B) to read as bandwidth, geography, or time, and thereby sufficient detail to indicate when use of such follows: permitting spectrum sharing (including sharing frequencies at such locations will be discon- ‘‘(B) any other band of frequencies reallo- among relocated Federal entities and incum- tinued by the Federal entity or shared between cated from Federal use to non-Federal use or to bents to make spectrum available for non-Fed- the Federal entity and non-Federal users. eral use) or relocation, or by utilizing an alter- shared use after January 1, 2003, that is as- ‘‘(E) The specific interactions between the eli- signed by competitive bidding pursuant to sec- native technology; and ‘‘(ii) includes the acquisition of state-of-the- gible Federal entity and the NTIA needed to im- tion 309(j) of the Communications Act of 1934 (47 plement the transition plan. U.S.C. 309(j)).’’; art replacement systems intended to meet com- (D) by amending paragraph (3) to read as fol- parable operational scope, which may include ‘‘(F) The name of the officer or employee of lows: incidental increases in functionality.’’; the Federal entity who is responsible for the relocation or sharing efforts of the entity and who ‘‘(3) RELOCATION OR SHARING COSTS DE- (E) in paragraph (4)— is authorized to meet and negotiate with non- FINED.— (i) in the heading, by striking ‘‘RELOCATIONS Federal users regarding the transition. ‘‘(A) IN GENERAL.—For purposes of this sec- COSTS’’ and inserting ‘‘RELOCATION OR SHARING tion and section 118, the term ‘relocation or COSTS’’; ‘‘(G) The plans and timelines of the Federal sharing costs’ means the costs incurred by a (ii) by striking ‘‘relocation costs’’ each place it entity for— appears and inserting ‘‘relocation or sharing Federal entity in connection with the auction of ‘‘(i) using funds received from the Spectrum costs’’; and spectrum frequencies previously assigned to Relocation Fund established by section 118; such entity or the sharing of spectrum fre- (iii) in subparagraph (A), by inserting ‘‘or quencies assigned to such entity (including the sharing’’ after ‘‘such relocation’’; ‘‘(ii) procuring new equipment and additional auction or a planned auction of the rights to (F) in paragraph (5)— personnel needed for relocation or sharing; use spectrum frequencies on a shared basis with (i) by striking ‘‘relocation costs’’ and inserting ‘‘(iii) field-testing and deploying new equip- such entity) in order to achieve comparable ca- ‘‘relocation or sharing costs’’; and ment needed for relocation or sharing; and

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If sonnel, if any, needed for relocation or sharing. graph (1). such an appeal has been taken, the board shall ‘‘(H) Factors that could hinder fulfillment of ‘‘(5) PUBLICATION OF TRANSITION PLAN.—Not continue to exist until the appeal process has the transition plan by the Federal entity. later than 120 days before the commencement of been exhausted and the board has completed ‘‘(3) TECHNICAL PANEL.— the auction described in paragraph (1), the any action required by a court hearing the ap- ‘‘(A) ESTABLISHMENT.—There is established NTIA shall make the transition plan publicly peal. available on its website. within the NTIA a panel to be known as the ‘‘(3) PROCEDURES.—The dispute resolution Technical Panel. ‘‘(6) UPDATES OF TRANSITION PLAN.—As the board shall meet simultaneously with represent- ‘‘(B) MEMBERSHIP.— Federal entity implements the transition plan, it atives of the Federal entity and the non-Federal ‘‘(i) NUMBER AND APPOINTMENT.—The Tech- shall periodically update the plan to reflect any user to discuss the dispute. The dispute resolu- nical Panel shall be composed of 3 members, to changed circumstances, including changes in es- tion board may require the parties to make writ- be appointed as follows: timated relocation or sharing costs or the ten submissions to it. ‘‘(I) One member to be appointed by the Direc- timeline for relocation or sharing. The NTIA ‘‘(4) DEADLINE FOR DECISION tor of the Office of Management and Budget (in shall make the updates available on its website. .—The dispute this subsection referred to as ‘OMB’). ‘‘(7) CLASSIFIED AND OTHER SENSITIVE INFOR- resolution board shall rule on the dispute not later than 30 days after the request was made to ‘‘(II) One member to be appointed by the As- MATION.— the NTIA under paragraph (1). sistant Secretary. ‘‘(A) CLASSIFIED INFORMATION.—If any of the ‘‘(III) One member to be appointed by the information required to be included in the tran- ‘‘(5) ASSISTANCE FROM TECHNICAL PANEL.—The Chairman of the Commission. sition plan of a Federal entity is classified infor- Technical Panel established under subsection ‘‘(ii) QUALIFICATIONS.—Each member of the mation (as defined in section 798(b) of title 18, (h)(3) shall provide the dispute resolution board Technical Panel shall be a radio engineer or a United States Code), the entity shall— with such technical assistance as the board re- technical expert. ‘‘(i) include in the plan— quests. ‘‘(I) an explanation of the exclusion of any ‘‘(iii) INITIAL APPOINTMENT.—The initial mem- ‘‘(6) ADMINISTRATIVE SUPPORT.—The NTIA such information, which shall be as specific as bers of the Technical Panel shall be appointed shall provide the dispute resolution board with possible; and not later than 180 days after the date of the en- the administrative support services necessary to ‘‘(II) all relevant non-classified information actment of the Middle Class Tax Relief and Job carry out its duties under this subsection. Creation Act of 2012. that is available; and PPEALS ‘‘(iv) TERMS.—The term of a member of the ‘‘(ii) discuss as a factor under paragraph ‘‘(7) A .—A decision of the dispute reso- Technical Panel shall be 18 months, and no in- (2)(H) the extent of the classified information lution board may be appealed to the United dividual may serve more than 1 consecutive and the effect of such information on the imple- States Court of Appeals for the District of Co- term. mentation of the relocation or sharing arrange- lumbia Circuit by filing a notice of appeal with that court not later than 30 days after the date ‘‘(v) VACANCIES.—Any member appointed to ment. of such decision. Each party shall bear its own fill a vacancy occurring before the expiration of ‘‘(B) REGULATIONS.—Not later than 180 days costs and expenses, including attorneys’ fees, the term for which the member’s predecessor was after the date of the enactment of the Middle for any appeal under this paragraph. appointed shall be appointed only for the re- Class Tax Relief and Job Creation Act of 2012, mainder of that term. A member may serve after the NTIA, in consultation with the Director of ‘‘(8) REGULATIONS.—Not later than 180 days the expiration of that member’s term until a suc- OMB and the Secretary of Defense, shall adopt after the date of the enactment of the Middle cessor has taken office. A vacancy shall be filled regulations to ensure that the information pub- Class Tax Relief and Job Creation Act of 2012, in the manner in which the original appoint- licly released under paragraph (5) or (6) does the NTIA shall, after public notice and comment ment was made. not contain classified information or other sen- and subject to approval by OMB, adopt regula- ‘‘(vi) NO COMPENSATION.—The members of the sitive information. tions to govern the working of any dispute reso- Technical Panel shall not receive any com- ‘‘(i) DISPUTE RESOLUTION PROCESS.— lution boards established under paragraph pensation for service on the Technical Panel. If ‘‘(1) IN GENERAL.—If a dispute arises between (2)(A) and the role of the Technical Panel in as- any such member is an employee of the agency a Federal entity and a non-Federal user regard- sisting any such board. of the official that appointed such member to ing the execution, timing, or cost of the transi- ‘‘(9) CERTAIN REQUIREMENTS INAPPLICABLE.— the Technical Panel, compensation in the mem- tion plan submitted by the Federal entity under subsection (h)(1), the Federal entity or the non- The Federal Advisory Committee Act (5 U.S.C. ber’s capacity as such an employee shall not be App.) and sections 552 and 552b of title 5, United considered compensation under this clause. Federal user may request that the NTIA establish a dispute resolution board to resolve the dis- States Code, shall not apply to a dispute resolu- ‘‘(C) ADMINISTRATIVE SUPPORT.—The NTIA tion board established under paragraph (2)(A). shall provide the Technical Panel with the ad- pute. ministrative support services necessary to carry ‘‘(2) ESTABLISHMENT OF BOARD.— ‘‘(j) RELOCATION PRIORITIZED OVER SHAR- out its duties under this subsection and sub- ‘‘(A) IN GENERAL.—If the NTIA receives a re- ING.— quest under paragraph (1), it shall establish a section (i). ‘‘(1) IN GENERAL.—In evaluating a band of dispute resolution board. ‘‘(D) REGULATIONS.—Not later than 180 days frequencies for possible reallocation for exclu- after the date of the enactment of the Middle ‘‘(B) MEMBERSHIP AND APPOINTMENT.—The sive non-Federal use or shared use, the NTIA Class Tax Relief and Job Creation Act of 2012, dispute resolution board shall be composed of 3 shall give priority to options involving realloca- the NTIA shall, after public notice and comment members, as follows: tion of the band for exclusive non-Federal use and subject to approval by the Director of OMB, ‘‘(i) A representative of the Office of Manage- and shall choose options involving shared use adopt regulations to govern the workings of the ment and Budget (in this subsection referred to only when it determines, in consultation with Technical Panel. as ‘OMB’), to be appointed by the Director of the Director of the Office of Management and ‘‘(E) CERTAIN REQUIREMENTS INAPPLICABLE.— OMB. Budget, that relocation of a Federal entity from The Federal Advisory Committee Act (5 U.S.C. ‘‘(ii) A representative of the NTIA, to be ap- the band is not feasible because of technical or App.) and sections 552 and 552b of title 5, United pointed by the Assistant Secretary. cost constraints. States Code, shall not apply to the Technical ‘‘(iii) A representative of the Commission, to Panel. be appointed by the Chairman of the Commis- ‘‘(2) NOTIFICATION OF CONGRESS WHEN SHARING CHOSEN.—If the NTIA determines under para- ‘‘(4) REVIEW OF PLAN BY TECHNICAL PANEL.— sion. graph (1) that relocation of a Federal entity ‘‘(A) IN GENERAL.—Not later than 30 days ‘‘(C) CHAIR.—The representative of OMB shall from the band is not feasible, the NTIA shall no- after the submission of the plan under para- be the Chair of the dispute resolution board. tify the Committee on Commerce, Science, and graph (1), the Technical Panel shall submit to ‘‘(D) VACANCIES.—Any vacancy in the dispute Transportation of the Senate and the Committee the NTIA and to the Federal entity a report on resolution board shall be filled in the manner in on Energy and Commerce of the House of Rep- the sufficiency of the plan, including whether which the original appointment was made. resentatives of the determination, including the the plan includes the information required by ‘‘(E) NO COMPENSATION.—The members of the specific technical or cost constraints on which paragraph (2) and an assessment of the reason- dispute resolution board shall not receive any the determination is based.’’. ableness of the proposed timelines and estimated compensation for service on the board. If any relocation or sharing costs, including the costs such member is an employee of the agency of the (b) CONFORMING AMENDMENT.—Section 309(j) of any proposed expansion of the capabilities of official that appointed such member to the of the Communications Act of 1934 is further a Federal system in connection with relocation board, compensation in the member’s capacity amended by striking ‘‘relocation costs’’ each or sharing. as such an employee shall not be considered place it appears and inserting ‘‘relocation or ‘‘(B) INSUFFICIENCY OF PLAN.—If the Tech- compensation under this subparagraph. sharing costs’’. nical Panel finds the plan insufficient, the Fed- ‘‘(F) TERMINATION OF BOARD.—The dispute SEC. 6702. SPECTRUM RELOCATION FUND. eral entity shall, not later than 90 days after the resolution board shall be terminated after it submission of the report by the Technical panel rules on the dispute that it was established to Section 118 of the National Telecommuni- under subparagraph (A), submit to the Tech- resolve and the time for appeal of its decision cations and Information Administration Organi- nical Panel a revised plan. Such revised plan under paragraph (7) has expired, unless an ap- zation Act (47 U.S.C. 928) is amended—

VerDate Mar 15 2010 05:05 Feb 17, 2012 Jkt 019060 PO 00000 Frm 00056 Fmt 4634 Sfmt 6333 E:\CR\FM\A16FE7.005 H16FEPT1 jbell on DSK7SPTVN1PROD with HOUSE February 16, 2012 CONGRESSIONAL RECORD — HOUSE H861 (1) by striking ‘‘relocation costs’’ each place it $10,000,000 for costs incurred after June 28, 2010, bids in the auction of the spectrum with respect appears and inserting ‘‘relocation or sharing but before the date of the enactment of the Mid- to which the Federal entity is incurring reloca- costs’’; dle Class Tax Relief and Job Creation Act of tion or sharing costs; and (2) by amending subsection (c) to read as fol- 2012. ‘‘(iv) such payment may not be made until 30 lows: ‘‘(ii) SUPPLEMENT NOT SUPPLANT.—Any days after the Director of OMB has notified the ‘‘(c) USE OF FUNDS.—The amounts in the amounts transferred by the Director of OMB congressional committees described in subsection Fund from auctions of eligible frequencies are pursuant to clause (i) shall be in addition to (d)(2)(C). authorized to be used to pay relocation or shar- any amounts that the Director of OMB may ‘‘(g) RESTRICTION ON USE OF FUNDS.—No ing costs of an eligible Federal entity incurring transfer for costs incurred on or after the date amounts in the Fund on the day before the date such costs with respect to relocation from or of the enactment of the Middle Class Tax Relief of the enactment of the Middle Class Tax Relief sharing of those frequencies.’’; and Job Creation Act of 2012. and Job Creation Act of 2012 may be used for (3) in subsection (d)— ‘‘(4) REVERSION OF UNUSED FUNDS.—Any any purpose except— (A) in paragraph (2)— amounts in the Fund that are remaining after ‘‘(1) to pay the relocation or sharing costs in- (i) in subparagraph (A), by inserting ‘‘or shar- the payment of the relocation or sharing costs curred by eligible Federal entities in order to re- ing’’ before the semicolon; that are payable from the Fund shall revert to locate from the frequencies the auction of which (ii) in subparagraph (B), by inserting ‘‘or and be deposited in the general fund of the generated such amounts; or sharing’’ before the period at the end; Treasury, for the sole purpose of deficit reduc- (iii) by redesignating subparagraphs (A) and tion, not later than 8 years after the date of the ‘‘(2) to pay relocation or sharing costs related (B) as subparagraphs (B) and (C), respectively; deposit of such proceeds to the Fund, unless to pre-auction estimates or research, in accord- and within 60 days in advance of the reversion of ance with subsection (d)(3).’’. (iv) by inserting before subparagraph (B), as such funds, the Director of OMB, in consulta- SEC. 6703. NATIONAL SECURITY AND OTHER SEN- so redesignated, the following: tion with the NTIA, notifies the congressional SITIVE INFORMATION. ‘‘(A) unless the eligible Federal entity has committees described in paragraph (2)(C) that Part B of title I of the National Telecommuni- submitted a transition plan to the NTIA as re- such funds are needed to complete or to imple- cations and Information Administration Organi- quired by paragraph (1) of section 113(h), the ment current or future relocation or sharing ar- zation Act (47 U.S.C. 921 et seq.) is amended by Technical Panel has found such plan sufficient rangements.’’; adding at the end the following: under paragraph (4) of such section, and the (4) in subsection (e)— NTIA has made available such plan on its ‘‘SEC. 119. NATIONAL SECURITY AND OTHER SEN- (A) in paragraph (1)(B)— SITIVE INFORMATION. website as required by paragraph (5) of such (i) in clause (i), by striking ‘‘subsection ‘‘(a) DETERMINATION.—If the head of an Exec- section;’’; (d)(2)(A)’’ and inserting ‘‘subsection (d)(2)(B)’’; utive agency (as defined in section 105 of title 5, (B) by striking paragraph (3); and and (C) by adding at the end the following: United States Code) determines that public dis- (ii) in clause (ii), by striking ‘‘subsection closure of any information contained in a notifi- ‘‘(3) TRANSFERS FOR PRE-AUCTION COSTS.— (d)(2)(B)’’ and inserting ‘‘subsection (d)(2)(C)’’; ‘‘(A) IN GENERAL.—Subject to subparagraph cation or report required by section 113 or 118 and would reveal classified national security infor- (B), the Director of OMB may transfer to an eli- (B) in paragraph (2)— gible Federal entity, at any time (including mation, or other information for which there is (i) by striking ‘‘entity’s relocation’’ and in- prior to a scheduled auction), such sums as may a legal basis for nondisclosure and the public serting ‘‘relocation of the entity or implementa- be available in the Fund to pay relocation or disclosure of which would be detrimental to nation of the sharing arrangement by the entity’’; sharing costs related to pre-auction estimates or tional security, homeland security, or public (ii) by inserting ‘‘or the implementation of research, as such costs are described in section safety or would jeopardize a law enforcement such arrangement’’ after ‘‘such relocation’’; and 113(g)(3)(A)(iii). investigation, the head of the Executive agency (iii) by striking ‘‘subsection (d)(2)(A)’’ and in- ‘‘(B) NOTIFICATION.—No funds may be trans- shall notify the Assistant Secretary of that de- serting ‘‘subsection (d)(2)(B)’’; and ferred pursuant to subparagraph (A) unless— termination prior to the release of such informa- ‘‘(i) the notification provided under para- (5) by adding at the end the following: tion. graph (2)(C) includes a certification from the ‘‘(f) ADDITIONAL PAYMENTS FROM FUND.— ‘‘(b) INCLUSION IN ANNEX.—The head of the Director of OMB that— ‘‘(1) AMOUNTS AVAILABLE.—Notwithstanding Executive agency shall place the information ‘‘(I) funds transferred before an auction will subsections (c) through (e), after the date of the with respect to which a determination was made likely allow for timely implementation of reloca- enactment of the Middle Class Tax Relief and under subsection (a) in a separate annex to the tion or sharing, thereby increasing net expected Job Creation Act of 2012, there are appropriated notification or report required by section 113 or auction proceeds by an amount not less than from the Fund and available to the Director of 118. The annex shall be provided to the sub- the time value of the amount of funds trans- OMB for use in accordance with paragraph (2) committee of primary jurisdiction of the congres- ferred; and not more than 10 percent of the amounts depos- sional committee of primary jurisdiction in ac- ‘‘(II) the auction is intended to occur not later ited in the Fund from auctions occurring after cordance with appropriate national security than 5 years after transfer of funds; and such date of enactment of licenses for the use of stipulations but shall not be disclosed to the ‘‘(ii) the transition plan submitted by the eli- spectrum vacated by eligible Federal entities. public or provided to any unauthorized person gible Federal entity under section 113(h)(1) pro- ‘‘(2) USE OF AMOUNTS.— through any means.’’. ‘‘(A) IN GENERAL.—The Director of OMB, in vides— TITLE VII—MISCELLANEOUS PROVISIONS ‘‘(I) to the fullest extent possible, for sharing consultation with the NTIA, may use amounts and coordination of eligible frequencies with made available under paragraph (1) to make SEC. 7001. REPEAL OF CERTAIN SHIFTS IN THE non-Federal users, including reasonable accom- payments to eligible Federal entities that are im- TIMING OF CORPORATE ESTIMATED TAX PAYMENTS. modation by the eligible Federal entity for the plementing a transition plan submitted under use of eligible frequencies by non-Federal users section 113(h)(1) in order to encourage such en- The following provisions of law (and any during the period that the entity is relocating its tities to complete the implementation more modification of any such provision which is spectrum uses (in this clause referred to as the quickly, thereby encouraging timely access to contained in any other provision of law) shall ‘transition period’); the eligible frequencies that are being reallo- not apply with respect to any installment of cor- ‘‘(II) for non-Federal users to be able to use cated for exclusive non-Federal use or shared porate estimated tax: eligible frequencies during the transition period use. (1) Section 201(b) of the Corporate Estimated in geographic areas where the eligible Federal ‘‘(B) CONDITIONS.—In the case of any pay- Tax Shift Act of 2009. entity does not use such frequencies; ment by the Director of OMB under subpara- (2) Section 561 of the Hiring Incentives to Re- ‘‘(III) that the eligible Federal entity will, graph (A)— store Employment Act. during the transition period, make itself avail- ‘‘(i) such payment shall be based on the mar- (3) Section 505 of the United States-Korea able for negotiation and discussion with non- ket value of the eligible frequencies, the timeli- Free Trade Agreement Implementation Act. Federal users not later than 30 days after a ness with which the eligible Federal entity (4) Section 603 of the United States-Colombia written request therefor; and clears its use of such frequencies, and the need Trade Promotion Agreement Implementation ‘‘(IV) that the eligible Federal entity will, for such frequencies in order for the entity to Act. during the transition period, make available to conduct its essential missions; a non-Federal user with appropriate security ‘‘(ii) the eligible Federal entity shall use such (5) Section 502 of the United State-Panama clearances any classified information (as de- payment for the purposes specified in clauses (i) Trade Promotion Agreement Implementation fined in section 798(b) of title 18, United States through (v) of section 113(g)(3)(A) to achieve Act. Code) regarding the relocation process, on a comparable capability of systems affected by the SEC. 7002. REPEAL OF REQUIREMENT RELATING need-to-know basis, to assist the non-Federal reallocation of eligible frequencies from Federal TO TIME FOR REMITTING CERTAIN user in the relocation process with such eligible use to exclusive non-Federal use or to shared MERCHANDISE PROCESSING FEES. Federal entity or other eligible Federal entities. use; (a) REPEAL.—The Trade Adjustment Assist- ‘‘(C) APPLICABILITY TO CERTAIN COSTS.— ‘‘(iii) such payment may not be made if the ance Extension Act of 2011 (title II of Public ‘‘(i) IN GENERAL.—The Director of OMB may amount remaining in the Fund after such pay- Law 112–40; 125 Stat. 402) is amended by striking transfer under subparagraph (A) not more than ment will be less than 10 percent of the winning section 263.

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(b) CLERICAL AMENDMENT.—The table of con- sources of HAP emissions. Section 129 of the state laws require evidence of ability to tents for such Act is amended by striking the act (42 U.S.C. 7429) requires EPA to promul- work through the filing of claims and reg- item relating to section 263. gate MACT standards for solid waste com- istration for work at a public employment SEC. 7003. TREATMENT FOR PAYGO PURPOSES. bustion units. Under the act, existing boilers office. Availability for work is often trans- The budgetary effects of this Act shall not be would be required to comply with the appli- lated to mean being ready, willing, and able entered on either PAYGO scorecard maintained cable emission standards within 3 years of to work. Meeting the requirement of reg- pursuant to section 4(d) of the Statutory Pay- the effective date of promulgated regula- istration for work at a public employment As-You-Go Act of 2010. tions, with a possibility of a one-year exten- office may be considered as evidence of avail- sion for individual sources if necessary for ability in some states. There are often par- And the Senate agree to the same. the installation of controls. Existing solid ticular requirements and/or exceptions for That the Senate recede from its amend- waste incinerators would be required to meet those workers on temporary layoff and for ment to the title of the bill. the standards no later than 5 years after pro- workers that find employment through DAVE CAMP, mulgation. On March 21, 2011, EPA finalized union hiring halls. Section 202(c)(A)(ii) of the FRED UPTON, four related rules applicable to boilers and Federal-State Extended Unemployment KEVIN BRADY, commercial and industrial solid waste incin- Compensation Act of 1970 (P.L. 97–373), as GREG WALDEN, erator (CISWI) units. Three rules established amended, does explicitly require active job TOM PRICE, applicable MACT and GACT standards for search. However, the method of determining TOM REED, boilers and MACT standards for CISWI units. active job search is left to the determination RENEE L. ELLMERS, of the States. The fourth rule (established under authority NAN A.S. HAYWORTH, Federal law does not require minimum of the Resource Conservation and Recovery SANDER M. LEVIN, educational standards as a condition of ben- Act) clarified when materials used as fuel in XAVIER BECERRA, efit receipt. Section 303(a)(10) of the SSA re- a combustion unit would be defined as ‘‘solid CHRIS VAN HOLLEN, quires any claimant who has been referred to waste’’ (a definition necessary to determine ALLYSON Y. SCHWARTZ, reemployment services pursuant to the whether a combustion unit would be subject HENRY A. WAXMAN, profiling system under Section 303(j)(1)(B) to to the CISWI standards rather than the less Managers on the Part of the House. participate in such services or in similar stringent standards for boilers). EPA stayed services unless the state agency charged MAX BAUCUS, the effective date of its major sources and with the administration of the state law de- JACK REED, CISWI emission standards pending reconsid- termines (1) such claimant has completed BENJAMIN L. CARDIN, eration. EPA expects to complete the recon- such services; or (2) there is justifiable cause ROBERT P. CASEY, Jr., sideration by April 2012. On January 9, 2012, for such claimant’s failure to participate in Managers on the Part of the Senate. a district court vacated EPA’s stay of the such services. Section 303(j) requires the JOINT EXPLANATORY STATEMENT OF major sources and CISWI rules. state use a system of profiling all new claim- THE COMMITTEE OF CONFERENCE House bill ants for regular compensation. The profiling The managers on the part of the House and Sections 1102–1105 apply to EPA’s four system must: (1) identify which claimants the Senate at the conference on the dis- March 2011 rules. Each rule would be revoked will be likely to exhaust regular compensa- agreeing votes of the two Houses on the and EPA required to promulgate new stand- tion and will need job search assistance serv- amendments of the Senate to the bill (H.R. ards 15 months after the date of enactment ices to make a successful transition to new 3630), to provide incentives for the creation (Section 1102). In establishing the relevant employment; and (2) refer the identified of jobs, and for other purposes, submit the emission standards, the Administrator would claimants to reemployment services (includ- following joint statement to the House and be required to choose the ‘‘least burden- ing job search assistance services) that are the Senate in explanation of the effect of the some’’ regulatory alternatives. Further, EPA available under any state or Federal law. action agreed upon by the managers and rec- would be required to establish standards that Section 3304(a)(8) of the Internal Revenue ommended in the accompanying conference can be met under actual operating condi- Code (IRC) requires, as a condition for employers in a state to receive normal credit report: tions consistently and concurrently with against the Federal tax, that a state’s unem- The Senate amendment struck all of the other standards (Section 1105). The compli- ployment benefits laws provide that com- House bill after the enacting clause and in- ance date for the air emission standards pensation shall not be denied to an indi- serted a substitute text. would be no earlier than 5 years after the vidual for any week because he is in training The House recedes from its disagreement date of the new regulation and could take with the approval of the state agency (or be- to the amendment of the Senate to the text feasibility, cost, and other factors into ac- cause of the application, to any such week in with an amendment that is a substitute for count in setting the compliance date (Sec- training, of state law provisions relating to the House bill and the Senate amendment. tion 1103). In promulgating new rules defin- availability for work, active search for work, The Senate recedes from its amendment to ing materials that are solid waste when used or refusal to accept work). A recent Training the title. The committee of the conference as a fuel, EPA would be required to adopt the and Employment Guidance Letter (TEGL) met on February 16, 2012 (the House definition of terms promulgated by the agen- No. 21–08, among other items, strongly en- cy in a December 2000 CISWI rule (Section chairing) and resolved their differences. The couraged states to broaden their definition differences between the House bill, the Sen- 1104). of approved training for UC beneficiaries ate amendment, and the substitute agreed to Senate bill during economic downturns. in conference are noted below, except for No provision. Section 3304(a)(4) of the IRC and Section clerical corrections, conforming changes Conference substitute 303(a)(5) of the SSA set the withdrawal made necessary by agreements reached by standards for States to use funds within the No provision. the conferees, and minor drafting and clari- State account in the Unemployment Trust fying changes. TITLE II—EXTENSION OF CERTAIN EX- Fund (UTF). All funds withdrawn from the TITLE PIRING PROVISIONS AND RELATED unemployment fund of the state shall be MEASURES House bill used solely in the payment of unemployment SUBTITLE B—UNEMPLOYMENT COMPENSATION compensation, exclusive of expenses of ad- ‘‘Middle Class Tax Relief and Job Creation ministration. Few exceptions exist; these in- Act of 2011’’ PART 1—REFORMS OF UNEMPLOYMENT COM- PENSATION TO PROMOTE WORK AND JOB CRE- clude, for instance, withholding for tax pur- Senate bill ATION poses, for child support payments, to repay ‘‘Temporary Payroll Tax Cut Continuation H2121,2122,2123,2124,2125,2126,2127/S— UI overpayments or covered unemployment Act of 2011’’ compensation debt, and for benefits for the Current law Conference substitute Self-Employment Assistance program and Federal unemployment law does not con- the Short-Time Compensation program. Sec- ‘‘Middle Class Tax Relief and Job Creation tain explicit job search requirements for the tion 303(a)(1) requires that the state UC pro- Act of 2012’’ receipt of regular state unemployment com- gram personnel be merit employees. TITLE I—JOB CREATION INCENTIVES pensation (UC). Through interpretation of Section 3306(t) of the Federal Unemploy- SUBTITLE B—EPA REGULATORY RELIEF the framework of the Federal unemployment ment Tax Act (FUTA) defines the Self-Em- laws contained within the Social Security H1102,1103,1104,1105/S— ployment Assistance (SEA) program. Section Act (SSA) and in the Federal Unemployment 303(a)(5) of the Social Security Act permits Current law Tax Act (FUTA), it is generally understood the use of expenditures from the Unemploy- Section 112 of the Clean Air Act (42 U.S.C. that workers must have lost their jobs ment Trust Fund (UTF) for SEA. The regular 7412) requires the Environmental Protection through no fault of their own and must be UC program generally requires unemployed Agency (EPA) to promulgate Maximum able, available, and willing to work. Vari- workers to be actively seeking work and to Achievable Control Technology (MACT) ations exist in state law requirements con- be available for wage and salary jobs as a standards for ‘‘major’’ sources of emissions cerning ability and availability to work. All condition of eligibility for UC benefits. In of 187 hazardous air pollutants (HAPs) and states have work search requirements in states that have opted to create SEA pro- Generally Available Control Technology state law or regulation in order for an indi- grams under current law, SEA provides al- (GACT) standards for smaller (‘‘area’’) vidual to receive regular UC benefits. Most lowances in the same amount as regular UC

VerDate Mar 15 2010 06:56 Feb 17, 2012 Jkt 019060 PO 00000 Frm 00058 Fmt 4634 Sfmt 0634 E:\CR\FM\A16FE7.005 H16FEPT1 jbell on DSK7SPTVN1PROD with HOUSE February 16, 2012 CONGRESSIONAL RECORD — HOUSE H863 benefits to individuals who (1) would other- waiver to Federal law and the reason for being ‘‘able, available, and actively seek wise be eligible for regular UC and (2) have such waiver; (3) a description of the goals work.’’ (See also part 3 of this section with been identified as likely to exhaust regular and expected outcomes of the project; (4) as- regard to job search requirements related to UC benefits. Under SEA a participating indi- surances and supporting analysis that the Federal unemployment benefits.) vidual is not subject to worker search re- project would not result in a net increase The conference agreement follows the quirements so long as the individual is par- cost to the state’s Unemployment Trust House bill with regard to State flexibility ticipating in entrepreneurial training or Fund (UTF); (5) a description of the impact (i.e. new waiver authority), but with the fol- other activities. evaluation; and (6) assurances of reports re- lowing modifications: Section 303(g)(1) of the Social Security Act quired by the U.S. Labor Secretary. Section (1) Permits a total of no more than 10 and Section 3304(a)(4)(D) of the Internal Rev- 2123 would allow the U.S. Labor Secretary to States to receive waivers; enue Code (IRC) allow states but do not re- waive the withdrawal standard and/or merit (2) Specifies that waivers may only be used quire states to offset UC payments by non- employee requirements if requested by the to operate programs providing subsidies for fraud overpayments. States may opt in state state (state UTF funds would be allowed to employer-provided training or for direct dis- law to waive deductions if it would be con- be used for purposes other than paying un- bursements (such as wage subsidies) to em- trary to equity and good conscience. employment benefits). Authority ends 5 ployers who hire individuals receiving UC There are no specific federal laws or regu- years after date of enactment of the section. benefits, not to exceed the weekly benefit lations related to uniform data elements for Administrative grants to the states for ad- amount, to cover part of the cost of their improved data matching in the Federal-state ministration of the regular UC program may wages, and provided that the overall wage is unemployment compensation program. Sec- be used for an approved project. greater than the unemployment benefit the tion 303(a)(6) of the SSA requires states to Section 2124 would require the U.S. Depart- individual had been receiving; make reports of information and data as re- ment of Labor (U.S. DOL) to develop and (3) Limits the operation of State waiver quired by the U.S. Labor Secretary. But cur- maintain model language for states to use in programs to no more than 3 years, and speci- rent Federal law contains no precise require- enacting SEA programs for regular UC fies that the waiver programs cannot be ex- ments regarding codes or identifiers at- claimants (as authorized under current fed- tended; tached to UC, Emergency Unemployment eral law); this model language would be de- (4) Requires the state to evaluate their Compensation (EUC08), or Extended Benefit veloped through U.S. DOL consultation with waiver programs; and (EB) program data or any other data stand- employers, labor organizations, state UC (5) Requires States to provide assurances ards. agencies, and other relevant program ex- that any employment meets the State’s suit- Federal law does not specifically authorize perts; would require U.S. DOL to provide able work requirement and requirements of drug testing of applicants as a condition of technical assistance and guidance to states section 3304(a)(5) of the Internal Revenue UC benefit eligibility. No state currently rein enacting, improving, and administering Code and that the waiver programs end by quires drug tests as a condition of eligibility SEA programs; would require U.S. DOL to December 31, 2015. for unemployment benefits. There are states establish reporting requirements for state The conference agreement follows the that do, however, have state law provisions SEA programs, including reporting (1) on the House bill and incorporates S. 1826 with re- related to disqualification for previously number of jobs and businesses created by gard to the Self-Employment Assistance failed drug tests/use of illegal drugs during SEA programs and (2) the federal and state Program, while also authorizing States to prior employment. tax revenues collected from such businesses operate SEA programs to assist individuals House bill and their employees; and would require U.S. eligible for benefits under the Emergency Unemployment Compensation (EUC) and Ex- Section 2121 would add new federal law re- DOL to coordinate with the Small Business tended Benefit (EB) programs, and providing quirements for state UC eligibility related to Administration to ensure adequate funding funds to assist States with the administra- being ‘‘able, available, and actively seeking for the entrepreneurial training of SEA par- tion of such programs. work’’—with the latter specifically defined ticipants in states with SEA programs. Section 2125 would require states to re- The conference agreement includes a new under federal law, including at least (1) reg- cover 100% of any erroneous overpayment by provision based on S. 1333 authorizing work istering for employment services within 10 reducing up to 100% of the UC benefit in each sharing programs and providing program and days after initial filing for UC benefits; (2) week until the overpayment is fully recov- administrative funding for that purpose. posting a resume, record, or other applica- ered. The proposal would not allow states to The conference agreement follows the tion for employment through a state agency waive such deduction if it would be contrary House bill with regard to requiring States to database; and (3) applying for work under to equity and good conscience. Section 2125 offset current State benefits to recover prior state requirements [effective for weeks be- also would create authority for states to re- overpayments of State, other States’, or ginning after end of first state legislative cover Federal Additional Compensation Federal unemployment benefits. With regard session after enactment]. No new funds (FAC) overpayments through deductions to to efforts to recover overpayments owed to would be provided for such activities. There regular unemployment compensation. other States and the Federal government, would be no exceptions for those on tem- Section 2126 would require that the U.S. the conference agreement requires each porary lay-off with expectation of recall, Labor Secretary designate standard data ele- State to apply hardship exceptions and re- union members, or for those who are strik- ments for any information required under lated terms that follow State practice used ing. title III or title IX of the SSA. This section to recover overpayments of its own State Section 2122 would add new federal law re- would require the standard data elements in- benefit funds. quirements for state UC eligibility: (1) UC corporate interoperable standards that have The conference agreement follows the claimants must meet minimum education been developed and used by an international House bill with regard to the data standard- requirements: either earn HS diploma, attain standards body (as established by the Office ization provisions. GED, or enroll/make satisfactory progress in of Management and Budget (OMB) and the The conference agreement follows the classes leading to HS diploma or GED (states U.S. Labor Secretary); intergovernmental House bill with regard to drug testing provi- would be allowed to waive this educational partnerships; and Federal entities with con- sions, with the modification that drug requirement if state law deems it unduly tracting and financial assistance authority. screening and testing is permitted in any burdensome); and (2) UC claimants referred In addition, Section 106(a) of this proposal State, but only in cases in which the indi- to reemployment services must participate. would require the U.S. Labor Secretary, in vidual applying for unemployment benefits Additionally, the proposal would add a new consultation with an OMB interagency work- either (1) was terminated from their prior federal law provision to stipulate that UC ing group and States, to designate standard employment because of unlawful drug use (2) may not be denied to an individual enrolled/ data elements that, to the extent prac- is applying for work for which passing a drug making satisfactory progress in education or ticable: (1) Make use of a widely-accepted, test is a standard eligibility requirement. state-approved job training [effective for non-proprietary, digital, searchable format PART 2—PROVISIONS RELATING TO EXTENDED weeks beginning after end of first state legis- (2) Are consistent with and use relevant ac- BENEFITS lative session after enactment]. counting principles (3) Are able to be up- Section 2123 would authorize under federal H2142,2143,2144/S201,202 graded on a continual basis (4) Incorporate law up to 10 state UC demonstration projects Current law non-proprietary standards (such as the eX- a year (lasting up to 3 years). Demonstration Under P.L. 110–252, as amended, the author- tensible Business Reporting Language). projects would test and evaluate measures Section 2127 would clarify federal law to ization of the EUC08 program expires the designed to expedite the reemployment of in- allow (but would not require) drug testing of week ending on or before March 6, 2012. Indi- dividuals who establish initial eligibility for UC applicants. viduals receiving benefits in any tier of regular UC or to improve the effectiveness of EUC08 would be able to finish out that tier of Senate bill state reemployment efforts. States would benefits only (grandfathering for current tier provide a general description of the proposed No provision. only). No EUC08 benefits—regardless of demonstration project. The description Conference substitute tier—are payable for any week after August would include: (1) a description of the pro- The conference agreement follows the 15, 2012. The current structure of unemploy- posed project, its authority under State law, House bill with regard to specifying new fed- ment benefits available through the EUC08 and the period during which the project eral minimum standards for state unemploy- program is: Tier I: up to 20 weeks of unem- would be conducted; (2) the specifics of any ment compensation eligibility related to ployment benefits (available in all states);

VerDate Mar 15 2010 06:47 Feb 17, 2012 Jkt 019060 PO 00000 Frm 00059 Fmt 4634 Sfmt 0634 E:\CR\FM\A16FE7.012 H16FEPT1 jbell on DSK7SPTVN1PROD with HOUSE H864 CONGRESSIONAL RECORD — HOUSE February 16, 2012 Tier II: up to 14 weeks (available in all (At the time of House passage, the FUTA fi- above 8.5%, and with the condition that no states); Tier III: up to 13 weeks (available in nanced 100% of sharable EB benefits through such individual could receive a total of more states with a total unemployment rate January 4, 2012 and the three-year lookback than 99 weeks of benefits from all sources (TUR) of at least 6% or an insured unemploy- would have expired on the week ending on or (counting State, EUC and EB programs). ment rate (IUR) of at least 4%); Tier IV: up before December 31, 2011.) (5) As the table above reflects, weeks of to 6 weeks (available in states with a TUR of Section 2144 would extend the temporary benefits payable in tiers 1, 3 and 4 in Sep- at least 8.5% or an IUR of at least 6%). Sec- extended railroad unemployment benefit (au- tember through December 2012 would be ad- tion 4001(e) of P.L. 110–252, as amended al- thorized under ARRA (P.L. 111–5), as amend- justed, with tier 1 dropping from 20 to 14 lows states the option to pay EUC08 before ed) for 13 months through January 31, 2013, weeks, tier 3 dropping from 13 to 9 weeks, EB. to be financed with funds still available and tier 4 rising from 6 to 10 weeks. In all, Under permanent law (P.L. 97–373), EB ben- under P.L. 111–312. (At the time of House pas- these changes will result in the maximum efits are financed 50% by the federal govern- sage, the special extended unemployment weeks of benefits payable under the EUC pro- ment (through federal unemployment taxes; benefit period could begin no later than De- gram falling from 53 weeks under current i.e., FUTA) and states fund the other half cember 31, 2011.) law (in the case of States with unemploy- (50%) of EB benefit costs through their state Senate bill ment rates today at or above 8.5%) to a max- unemployment taxes (SUTA). ARRA (P.L. Section 201 would extend the authorization imum of up to 47 weeks (in the case of States 111–5, as amended) temporarily changed the for the EUC08 program (as structured under with an unemployment rate of 9% or higher) federal-state funding arrangement for the EB current law) until the week ending on or be- from September through December 2012. In program. Currently, the FUTA finances 100% fore March 6, 2012. No EUC08 benefits—re- each period, an individual’s eligibility for a of sharable EB benefits through March 7, gardless of tier—would be payable for any tier of benefits will be determined according 2012. P.L. 111–312 made some temporary tech- week after August 15, 2012. (At the time of to the State’s unemployment rate in that pe- nical changes to certain triggers in the EB Senate passage, the authorization for all riod. For example, individuals exhausting program, which allow states to temporarily EUC08 tiers would have expired on the week tier 2 of benefits will be eligible to begin tier use lookback calculations based on three ending on or before January 3, 2012 and no 3 of benefits in the spring only if their State years of unemployment rate data (rather EUC08 benefit would have been payable for has an unemployment rate of at least 6%, than the permanent law lookback of two any week after June 9, 2012.) This section while those exhausting tier 2 in the summer years of data) as part of their EB triggers if would extend the 100% federal financing of and fall months can qualify for tier 3 bene- states would otherwise trigger off or not be EB through March 7, 2012. This section would fits only if they are in a State with an unem- on a period of EB benefits. This temporary also extend the option for states to use the ployment rate of at least 7%. option to use three-year EB trigger lookback three-year lookback in their EB triggers The conference agreement specifies that expires the week ending on or before Feb- until the week ending on or before February States are required to pay EUC benefits be- ruary 29, 2012. 29, 2012. (At the time of Senate passage, the fore any benefits under the EB program. P.L. 111–5, as amended, temporarily in- FUTA financed 100% of sharable EB benefits The conference agreement follows the creased the duration of extended unemploy- through January 4, 2012 and the three-year House bill in terms of extending the current ment benefits for railroad workers. Railroad lookback would have expired on the week temporary 100% Federal financing of EB as workers who previously were not eligible for ending on or before December 31, 2011.) well as the three-year lookback used to de- extended unemployment benefits because Section 202 would extend the temporary termine State eligibility for EB, with the they did not have 10 years of service may be extended railroad unemployment benefit (au- modification that in each case the extension eligible for benefits of up to 65 days within thorized under ARRA (P.L. 111–5), as amend- would apply through December 2012. an extended period consisting of seven con- ed) for two months through February 29, The conference agreement follows the secutive two-week registration periods. Rail- 2012, to be financed with funds still available House bill and Senate amendment with re- road workers who previously were eligible under P.L. 111–312. (At the time of Senate gard to the temporary extended railroad unfor extended unemployment benefits of up to passage, the special extended unemployment employment benefit program, with the modi- 65 days (because they had 10 years of service) benefit period could begin no later than De- fication that the extension would apply may now be eligible for benefits of up to 130 cember 31, 2011.) through December 2012. days within an extended period consisting of Conference substitute PART 3—IMPROVING REEMPLOYMENT STRATE- 13 consecutive two-week registration peri- GIES UNDER THE EMERGENCY UNEMPLOYMENT The conference agreement follows the ods. P.L. 111–312 extended the ARRA provi- COMPENSATION PROGRAM House bill in continuing the operation of the sions by one year to June 30, 2011. Under P.L. Federal Emergency Unemployment Com- H2161,2162,2163,2164,2165/S— 111–312, the special extended unemployment pensation (EUC) program beyond its current Current law benefit period could begin no later than De- expiration at the end of February 2012, with cember 31, 2011. P.L. 112–78 extended the tem- Federal unemployment law does not con- the following modifications: porary extended railroad unemployment ben- tain explicit job search requirements for the (1) The authorization of the EUC program efit (authorized under ARRA (P.L. 111–5), as receipt of EUC08 benefits. Federal unemploy- is extended through the end of December amended) for two months through February ment law does not require states to have 2012; 29, 2012, to be financed with funds still avail- work search requirements in the regular UC (2) The EUC program will not continue to able under P.L. 111–312. program. However, all states have work provide benefits after December 2012 (i.e. search requirements in state law or regula- House bill there will be no ‘‘phase-out’’ of benefits be- tion in order for an individual to receive reg- Section 2142 would extend the authoriza- yond December 2012); ular UC benefits. Section 202(a)(3)(A)(ii) of tion of Tiers I and III of EUC08 until the (3) EUC benefits would continue to be pay- the Federal-State Extended Unemployment week ending on or before January 31, 2013. able in up to four tiers as under current law. Compensation Act of 1970 (P.L. 97–373), as The duration and conditions for availability However, as the table below reflects, in the amended, explicitly requires active job of Tier II would be altered. There would be case of tiers two through four, higher total search for receipt of Extended Benefits (EB). no benefits payable after that date. (There unemployment rate (TUR) ‘‘triggers’’ will However, the method of determining active would be no grandfathering of benefits.) Tier apply from June through December 2012, as job search is left to the determination of the I would continue to offer up to 20 weeks in follows: states. all states, Tier II would offer up to 13 weeks Federal law does not require minimum (rather than 14) and would be available in EUC March through May June through August September through educational standards or reemployment Tier 2012 2012 December 2012 states with at least 6.0% TUR or an IUR of at service participation as a condition of EUC08 least 4% (rather than in all states). Tiers III 1 ... 20 weeks in all 20 weeks in all 14 weeks in all benefit receipt. and IV would not be reauthorized. Note: In- states. states. states P.L. 110–252, as amended, requires that all cluded in this subsection was an intent to re- 2 ... 14 weeks in all 14 weeks in 6% or 14 weeks in 6% or states. higher states. higher states EUC08 benefits be paid directly to the unem- quire states to pay EUC08 before any EB en- 3 ... 13 weeks in 6% or 13 weeks in 7% or 9 weeks in 7% or ployed who have exhausted entitlement to titlement. However, the version passed by higher states. higher states. higher states all regular UC benefits. There is no provision the House would require states to pay EB be- 4 ... 6 weeks in 8.5% or 6 weeks in 9% or 10 weeks in 9% or higher states (16 higher states. higher states for demonstration projects. fore EUC08 and will need correction to re- weeks if not on Section 4005(c)(1) of P.L. 110–252, as amend- flect the intended ordering of benefits. (At EB). ed allows states but does not require states the time of House passage, the authorization to offset EUC08 payments by non-fraud over- for all EUC08 tiers would have expired on the (4) Through May 2012 only, individuals who payments. Any offset under current law may week ending on or before January 3, 2012 and have not already received up to 20 weeks of not be more than 50% of total EUC08 benefit. no EUC08 benefit would have been payable EB program benefits due to the application Section 4001(g) of the Supplemental Appro- for any week after June 9, 2012.) of that program’s ‘‘3-year lookback’’ would priations Act of 2008 (P.L. 110–252), as amend- Section 2143 would extend the 100% federal be eligible to receive up to an additional 10 ed, prevents states from decreasing the aver- financing of EB through January 31, 2013, as weeks of benefits under Tier 4 of the EUC age weekly benefit amount of regular UC well as the option for states to use three- program (that is, in addition to the six payments. That is, a state is not permitted year lookback in their EB triggers until the weeks otherwise available), provided they to pay an average weekly UC benefit that is week ending on or before January 31, 2013. are in a State with an unemployment rate less than what would have been paid under

VerDate Mar 15 2010 05:05 Feb 17, 2012 Jkt 019060 PO 00000 Frm 00060 Fmt 4634 Sfmt 0634 E:\CR\FM\A16FE7.013 H16FEPT1 jbell on DSK7SPTVN1PROD with HOUSE February 16, 2012 CONGRESSIONAL RECORD — HOUSE H865 state law prior to what was in effect on June for employment services in such manner and gram authorization and funding for most 2, 2010. This ‘‘nonreduction rule’’ is a condi- to such extent as prescribed by the state Temporary Assistance for Needy Families tion of the EUC08 Federal-State agreement agency; (2) Has engaged in an active search (TANF) grants through February 29, 2012. It of P.L. 110–252, as amended. for employment that is appropriate in light provided authority and funding for state House bill of the individual’s skills, capabilities and family assistance grants (the basic block work history, and includes a number of em- grant), healthy marriage and responsible fa- Section 2161 would require active work ployer contacts that is consistent with rea- therhood grants, mandatory child care search for EUC08 entitlement where active sonable standards communicated to the indi- grants, tribal work program grants, match- work search must require at least the fol- vidual by the state; (3) Has maintained a ing grants for the territories, and research lowing: individuals to register with reem- record of such work search, including em- funds. Grants are funded at the same level as ployment services within 30 days, individuals ployers contacted, method of contact and in FY2011, and paid on a pro-rated quarterly post a resume, record, or other application date contacted; and (4) When requested, has basis. No funding was provided for TANF for employment on a database required by provided such work search record to the supplemental grants. The TANF contingency the state, and individuals apply for work in state agency. The Secretary of Labor shall fund was provided an FY2012 appropriation such a manner as required by the state. Section 2162 would require EUC08 bene- prescribe to each state a minimum number in legislation enacted in 2010, P.L. 111–242. ficiaries (1) to participate in reemployment of claims for which work search records House bill services if referred and (2) to actively search must be audited on a random basis in any Section 2302 provides FY2012 appropria- for work, effective on or after 30 days of en- given week. tions for TANF state family assistance The conference agreement follows the actment for those individuals who enter a grants, healthy marriage and responsible fa- House bill with regard to the requirement tier of EUC08. This section would require in- therhood grants, mandatory child care that EUC recipients participate in reemploy- dividuals to meet the minimum educational grants, tribal TANF work programs, match- ment services if referred and as well as ac- requirements (high school degree, GED, or ing grants for the territories, and research tively search for work. The conference agree- enrolled in program) created earlier in Sec- funds. FY2012 grants are provided at the ment follows the Senate amendment with re- tion 2122 of the proposal (amending Section same level as were provided in FY2011. gards to there being no minimum education 303(a)(10)(B) of the SSA). The participation requirements for individuals receiving EUC Senate bill requirement for reemployment services benefits. Section 312 extends program authorization would be waived if individuals have already The conference agreement follows the and funding for TANF through February 29, completed this requirement or if there is House bill with regard to the requirement 2012. Grants are funded at the same level as ‘‘justifiable cause’’ as specified by guidance that States provide reemployment services in FY2011, and paid on a pro-rated quarterly to be issued by the U.S. DOL Secretary with- and reemployment and eligibility assess- basis. (Provision is the same as current law. in 30 days. This section would authorize up ment activities to long-term unemployed in- It is identical to that subsequently enacted to $5 of an individual’s EUC08 benefit each dividuals who begin receiving EUC benefits in P.L. 112–78.) week to be diverted (at state option) to fund and throughout their time collecting EUC Conference substitute these reemployment services and activities. benefits. The conference agreement follows Section 2163 would allow for up to 20% of The conference agreement follows the the Senate amendment with regard to no House bill with technical corrections to en- all EUC08 recipients in each state to be di- State authority to reduce EUC benefits to verted into demonstration projects. The sure the provisions operate as intended. Sec- support the cost of such reemployment serv- tion 2302(c)(1) is revised by changing the year demonstration projects would need to be de- ices and activities. In its place, the con- signed to expedite reemployment. Allowable to 2013 instead of 2012 to correct a drafting ference agreement provides new one-time error. Section 2302(c)(2)(A) is revised by demonstration activities would include: sub- funding to States to support the cost of such sidies for employer provided training; work changing the year to 2012 instead of 2011 to reemployment services and activities. correct a drafting error. Section 2302(i) is re- sharing or Short-Time Compensation; en- The conference agreement follows the Sen- vised by striking ‘‘or section 403(b) of the So- hanced employment strategies and services; ate amendment with respect to no additional cial Security Act’’ to reflect the intent that SEA programs; services that enhance skills State flexibility to assist the long-term un- TANF contingency funds are not affected by that would assist in obtaining reemploy- employed with improved reemployment serv- this bill and that they continue as pre- ment; direct reimbursements to employers ices using EUC funds. who hire individuals that were receiving The conference agreement follows the viously authorized and appropriated for FY EUC08; and other innovative activities not House bill with regard to requiring States to 2012, and also to update the provision to add otherwise described. Authority for dem- offset current Federal benefits to recover a reference the Temporary Payroll Tax Cut onstration projects would end when EUC08 prior overpayments of State, other States’, Continuation Act of 2011 which extended ceases to be payable. Demonstration projects or Federal unemployment benefits. With re- TANF through February 29, 2012. would be required to provide appropriate regard to efforts to recover such overpayments H2303,2304,2305/S— employment services and assurances of no owed to other States and the Federal govern- Current law net increase in cost to the EUC08 program. ment, the conference agreement requires States are required to report case- and in- This section would require states to provide each State to apply hardship exceptions and dividual-level demographic, monthly finan- information on demonstration projects for related terms that follow State practice used cial and monthly work participation infor- reporting and evaluation purposes. to recover overpayments of its own State mation to the Department of Health and Section 2164 would require states to offset benefit funds. Human Services (HHS) on a quarterly basis. an individual’s EUC08 benefit if they re- The conference agreement modifies the There are no relevant provisions in current ceived an unemployment benefit overpay- House bill with regard to effect of the cur- law regarding Section 2304 of the House bill. ment. States would be required to offset by rent ‘‘nonreduction rule,’’ which generally House bill at least 50% of the EUC08 benefit in any blocks the payment of Federal EUC funds to week. States that have reduced State unemploy- Section 2303 requires HHS to issue a rule Section 2165 would repeal the ‘‘nonreduc- ment benefits. Several States, in order to ad- designating standard data elements for any tion rule’’ in terms of the regular UC benefit dress solvency have passed laws to reduce fu- category of information required to be re- amount. This would give states the option to ture State benefit amounts, and others may ported under TANF. The rule would be devel- decrease average weekly benefit amounts be considering doing the same. Thus, the oped by HHS in consultation with an inter- without invalidating their EUC08 Federal- continued application of the ‘‘nonreduction agency workgroup established by the Office state agreements. rule’’ (if not adjusted) would bar such States of Management and Budget (OMB) and with Senate bill from receiving EUC funds otherwise provided consideration of state and tribal perspectives. To the extent practicable, the stand- No provision. under this legislation. For this reason, the conference agreement changes the effective ard data elements required by the rule would Conference substitute date of the non-reduction rule to March 1, be non-proprietary and incorporate the The conference agreement follows the 2012 in order to allow for changes states have interoperable standards developed and main- House bill with regard to explicit job search made (i.e. both those that have already en- tained by other recognized bodies. To the ex- requirements, with several modifications de- acted laws changing benefit amounts, as well tent practicable, the data reporting stand- signed to closely align the work search reas those with legislation pending that would ards required by the rule would incorporate quirements between the EUC and EB pro- do so),’’ This permits States to adjust bene- a widely-accepted, nonproprietary, search- grams. In order to be eligible for benefits in fits as they have planned, while remaining able, computer-readable format; be con- any week, the state agency shall find that eligible for Federal EUC funds throughout sistent with and implement applicable ac- the individual is able to work, available to CY 2012. counting principles; be capable of being con- work, and making reasonable efforts to se- tinually upgraded as necessary; and incor- SUBTITLE D—TANF EXTENSION cure suitable work. porate existing nonproprietary standards, For purposes of this provision, the term H2302/S312 such as the ‘‘eXtensible Business Reporting ‘‘making reasonable efforts to secure suit- Current law Language.’’ The data standardization re- able work’’ means, with respect to an indi- The Temporary Payroll Tax Cut Continu- quirement would take effect on October 1, vidual, that such individual: (1) Is registered ation Act of 2011 (P.L. 112–78) provided pro- 2012.

VerDate Mar 15 2010 06:47 Feb 17, 2012 Jkt 019060 PO 00000 Frm 00061 Fmt 4634 Sfmt 0634 E:\CR\FM\A16FE7.014 H16FEPT1 jbell on DSK7SPTVN1PROD with HOUSE H866 CONGRESSIONAL RECORD — HOUSE February 16, 2012 Section 2304 requires states to maintain that newly mapped property owners pay or AE on the community’s FIRM that is policies and practices to prohibit TANF as- 100% of actuarial rates at the end of the 5 available for public viewing by homeowners sistance from being used in any transaction year phase-in period. For areas eligible for in SFHAs. § 60.3(e) Structures located in in liquor stores, casinos and gaming estab- the lower-cost Preferred Risk Policy (PRP) these zones are classified as SFHA and are, lishments, and strip clubs. States have up to rates, the phase-in begins after the expira- therefore, required to purchase flood insur- 2 years after enactment to implement such tion of their PRP rates. For all properties, ance. § 59.2(a) policies and practices. States that fail to re- the phase-in of rates only applies to residen- The NFIP was established to provide flood port actions they have taken are at risk of tial properties occupied by their owner or a insurance protection to property owners in being penalized by up to a 5% reduction in bona fide tenant as a primary residence. flood-prone areas. However, flood insurance their block grant. Section 3005(c) would require that, begin- is only available in communities that par- Section 2305 makes technical corrections ning one year after enactment, the premium ticipate in the NFIP. § 59.2 To qualify for to the TANF statute. rate subsidies (pre-FIRM discounts) for cer- flood insurance availability a community Senate bill tain properties in the following categories be must apply for the entire area within its ju- phased-out, with annual rate increases lim- No provision. risdiction and shall submit copies of legisla- ited by a 20 percent annual cap. This would tive and executive actions indicating a local Conference substitute apply to commercial properties, second and need for flood insurance and an explicit de- The conference agreement follows the vacation homes (i.e., residential properties sire to participate in the NFIP. § 59.22 House bill with the following technical modi- not occupied by an individual as a primary There are no relevant provisions in current fications to Section 2303: Section 2303(a) is residence), homes sold to new owners, homes law regarding Section 3018 of the House bill. modified to clarify that the goal of the provi- damaged or improved (substantial flood dam- sion is to standardize the data exchange age exceeding 50 percent or substantial im- House bill processes, not standardize data elements. provement exceeding 30 percent of the fair Section 3003(b)(3) would require lenders or Section 2303(b) is modified to require that market value of the property), and prop- servicing companies to terminate policies the Department of Health and Human Serv- erties with multiple flood claims (i.e., statu- purchased on behalf of the homeowner to ices issue proposed rules for this section torily defined severe repetitive loss prop- satisfy the mandatory purchase requirement within 12 months of the enactment of this erties.) within 30 days of being notified that the section, and that the agency finalize these Section 3005(d) would remove the eligi- homeowner has purchased another policy. regulations within 24 months of the enact- bility of property owners who allow their Lenders would be required to refund any pre- ment of this section. policies to lapse by choice to receive dis- mium payments and fees made by the home- The conference agreement follows the counted rates on those properties. owner for the time when both policies were House bill with the following technical modi- Section 3005(e) would update the standards in effect. Moreover, the declaration page in fications to Section 2304: Section by which FEMA evaluates a community’s the insurance policy would be considered suf- 2304(a)(12)(A) is modified to clarify that eligibility for special flood insurance rates ficient to demonstrate having met the man- States are required to block access to TANF by considering state and local funding, in ad- datory insurance purchase requirements. funds provided on electronic benefit transfer dition to federal funding, of flood control Section 3003(c) would require lenders to ac- cards at ATMs and point-of-sale devices in projects. cept flood insurance from a private company specified locations. Section 2304(a)(12)(B) is Senate bill if the policy fulfills all federal requirements modified by adding a definition of electronic No provision. for flood insurance. benefit transfer transactions. Section Conference substitute Section 3004(a) would authorize the Admin- 2304(b)(16)(A) is modified to clarify that each No provision. istrator of FEMA to delay mandatory pur- State must provide a report to the Secretary chase requirement for owners of properties MANDATORY PURCHASE REQUIREMENTS of Health and Human Services regarding in newly designated special flood hazard H3003(b)(3),3003(c),3004(a),3007(e),3014,3017,3018/ their implementation of this provision. areas. The delay would not be longer in dura- TITLE III—FLOOD INSURANCE REFORM S— Current law tion than 12 months with the possibility of two 12 month extensions at the discretion of REFORM OF PREMIUM RATE STRUCTURE There are no relevant provisions in current H3005(a),3005(b),3005(c),3005(d),3005(e)/S— FEMA. Eligible areas defined as an area that law regarding Section 3003(b)(3) of the House meets the following three requirements: (1) Current law bill. area with no history of special flood hazards; FEMA is authorized to enter into arrange- The Federal Emergency Management (2) area with a flood protection system under ments with individual private sector prop- Agency (FEMA) is authorized to increase improvement; or (3) area has filed an appeal erty insurance companies or other insurers, chargeable risk premium rates for flood in- of the designation of the area as having spe- such as public entity risk sharing organiza- surance for any properties within any single cial flood hazards. Upon a request submitted tions. Under this Write-Your-Own company risk classification 10% annually. 42 U.S.C. from a local government authority, FEMA arrangement, such companies may offer 4015 (e) could suspend the mandatory purchase for a flood insurance coverage under the program Full actuarial rates begin on the effective possible fourth and fifth year for certain date of a revised Flood Hazard Boundary to eligible applicants. § 62.23 The NFIP requires the purchase of flood in- communities that are making more than Map or Flood Insurance Rate Map for a com- surance on and after March 2, 1974, as a con- adequate progress in their construction of munity. § 61.11 their flood protection systems. FEMA is authorized to establish risk pre- dition of receiving any form of federal or federally-related financial assistance for acqui- Section 3007(e) would clarify that manda- mium rates for flood insurance coverage. The tory purchase requirement would not apply agency is also authorized to offer ‘‘charge- sition or construction purposes with respect to insurable buildings and mobile homes to a property located in an area designated able’’ (subsidized) premium rates for pre- as having a special flood hazard if the owner FIRM buildings. Post-FIRM structures (i.e., within an identified special flood, mudslide, or flood-related erosion hazard area that is of such property submits to FEMA an ele- buildings constructed on or after December vation certificate showing that the lowest 31, 1974) and the effective date of the FIRM, located within any community participating in the NFIP. § 59.2 The mandatory purchase level of the primary residence is at an ele- whichever is later, must pay the full actu- vation that is at least three feet higher than arial risk premium rates. § 61.8 of insurance is required in areas identified as being within designated Zones A, A1–30, AE, the elevation of the 100-year flood plain. Pre-FIRM structures continue to receive FEMA would be required to accept as conclu- subsidized premium rates after the lapsed A99, AO, AH, AR, AR/A1–30, AR/AE, AR/AO, AR/AH, AR/A, V1–30, VE, V, VO, M, and E. sive each elevation certificate unless the Ad- policy provided the policyholder pays the ap- ministrator conducts a subsequent elevation propriate premium to reinstate the policy. § 64.3 When FEMA has provided a notice of final survey and determines that the lowest level FEMA is authorized to determine whether flood elevations for one or more special flood of the primary residence in question is not at a community has made adequate progress on hazard areas (SFHA) on the community’s an elevation that is at least three feet higher the construction of a flood protection system FIRM, the community shall require that all than the elevation of the 100-year flood involving federal funds. Adequate progress new construction and substantial improve- plain. This section would require FEMA to means the community has provided FEMA ments of residential structures within Zones expedite any requests made by an owner of a with necessary information to determine A1–30, AE and AH zones on the community’s property showing that the property is not lo- that 100% of the cost has been authorized, FIRM have the lowest flood (including base- cated within the area having special flood 60% has been appropriated or 50% has been ment) elevation to or above the base flood hazards. FEMA would be prohibited from expended. § 61.12 level, unless the community is granted an charging a fee for reviewing the flood hazard House bill exception by FEMA for the allowance of data with respect to the expedited request Section 3005(a) would increase the annual basements. § 60.3(a) Structures in SFHAs and requiring the owner to provide any addi- cap on premium increases from 10% to 20%. that receive any form of federal or federally- tional elevation data. Section 3005(b) would clarify that newly related financial assistance are required to Section 3014 would require the Adminis- mapped properties are phased-in to full actu- purchase flood insurance. § 59.2(a) trator of FEMA, in consultation with af- arial, flood insurance rates at a consistent FEMA is required to provide notice of final fected communities, to notify annually resi- rate of 20% per year over 5 years and requires base flood elevations within Zones A1–30 and/ dents in areas having special flood hazards

VerDate Mar 15 2010 06:47 Feb 17, 2012 Jkt 019060 PO 00000 Frm 00062 Fmt 4634 Sfmt 0634 E:\CR\FM\A16FE7.016 H16FEPT1 jbell on DSK7SPTVN1PROD with HOUSE February 16, 2012 CONGRESSIONAL RECORD — HOUSE H867 that they reside in such an area, the geo- option of paying their premiums for one-year sible, cost-effective, and result in savings to graphic boundaries of such areas, the re- policies in installments, and authorizes the NFIF. This section would expand eligi- quirements to purchase flood insurance cov- FEMA to impose higher rates or surcharges, bility to include mitigation activities for the erage and the estimated cost of flood insur- or to deny future access to NFIP coverage, if elevation, relocation, and flood-proofing of ance coverage. property owners attempt to limit their cov- utilities (including equipment that serve Section 3017 would amend the Real Estate erage to coincide only with the annual storm structures). The FEMA Administrator is re- Settlement Procedures Act of 1974 (RESPA) season by neglecting to pay their premiums quired to consider demolition and rebuilding to require mortgage lenders to include spe- on schedule. of properties as eligible activities under the cific information about the availability of Section 3015 would require the Adminis- mitigation grant programs. This section es- flood insurance in each good-faith estimate. trator of FEMA to notify tenants of a prop- tablishes a matching requirement for severe Section 3018 would amend RESPA to ex- erty located in areas having special flood repetitive loss structures of up to 100% of all plicitly state that the escrowing of flood in- hazard, that flood insurance coverage is eligible costs and up to 90% for repetitive surance payments is required for many types available under the NFIP for contents of the loss structures. Other mitigation activities of loans. unit or structure leased by the tenant, the would be in an amount up to 75% of all eligi- Senate bill maximum amount of such coverage for con- ble costs. Failure to award a grant within 5 No provision. tents, and how to obtain information regard- years of receiving a grant application would ing how to obtain such coverage. Conference substitute be considered to be a denial of the applica- Section 3016 would require the Adminis- tion and any funding amounts allocated for No provision. trator of FEMA to notify the holders of di- such grant applications would remain in the REFORM OF COVERAGE TERMS rect policies managed by FEMA that they National Flood Mitigation fund. This section H3004(a),3004(b),3004(d),3004(e),3015,3016,3021/ could purchase flood insurance directly from authorizes $40 million in grants to States S— an insurance company licensed by FEMA to and communities for mitigation activities, Current law administer NFIP policies. The coverage pro- $40 million in grants to States and commu- There are no relevant provisions in current vided or the premiums charged to holders of nities for mitigation activities for severe re- law regarding Section 3004(a) of the House flood insurance policies that are adminis- petitive loss structures, and $10 million in bill. tered by an insurance company are no dif- grants to property owners for mitigation ac- The maximum amount of coverage for a ferent from those directly managed by tivities for repetitive loss structures. This single family residential structure is $250,000 FEMA. section would eliminate the Grants Program and $100,000 for personal contents. The limit Section 3021 would require under the NFIP for Repetitive Insurance Claims Properties. for nonresidential building structures is that the presence of an enclosed swimming (Sec. 3011(b)) $500,000 and $500,000 for contents. § 61.6 pool located at ground level or in the space Section 3025 would establish a reserve fund Insurance coverage under the NFIP is below the lowest flood of a building after No- requirement to meet the expected future ob- available only for property structures and vember 30, and before June 1 of any year, ligations of the National Flood Insurance personal contents. § 61.3 would have no effect on the terms of cov- Program. This section contains phase-in re- Payment of full policyholder premium erage or the ability to receive coverage for quirements similar to H.R. 3121. For exam- must be made at the time of application or such building if the pool is enclosed with ple, this section requires the Fund to main- renewal. § 61.5 non-supporting breakaway walls. tain a balance equal to 1% of the sum of the There are no relevant provisions in current Senate bill total potential loss exposure of all out- law regarding Section 3015 of the House bill. No provision. standing flood insurance policies in force in FEMA is authorized to enter into arrange- the prior fiscal year, or a higher percentage Conference substitute ments with individual private insurers to as the Administrator determines to be appro- offer flood coverage to policyholders. § 62.23 No provision. priate. FEMA has the discretion to set the The Standard Flood Insurance Policy FINANCIAL AND BORROWING AUTHORITY amount of aggregate annual insurance pre- issued under the NFIP excludes coverage for H3011,3025,3033/S— miums to be collected for any fiscal year hot tubs and spas that are not bathroom fix- necessary to maintain the reserve ratio, sub- tures, and swimming pools, and their equip- Current law ject to any provisions relating to chargeable ment, such as, but not limited to, heaters, FEMA is authorized to carry out a pro- premium rates and annual increases of such filters, pumps, and pipes, wherever located. gram to provide financial assistance to rates. Appendix A(1) to Part 62. states and communities, using amounts Section 3033 would require FEMA to sub- House bill made available from the National Flood mit a report to Congress not later than 6 Mitigation Fund for planning and carrying months after enactment of this Act setting Section 3004(a) would set the minimum de- out activities designed to reduce the risk of forth a plan for repayment within 10 years on ductible levels at $1,000 for properties with flood damage to structures. Such assistance the amounts borrowed from the U.S. Treas- full-risk rates and $2,000 for properties with shall be made available to states and com- ury under the NFIP. discounted rates. The section would also es- munities in the form of grants to carry out Senate bill tablish that maximum coverage limits be in- mitigation activities. 44 U.S.C. 4104c(a) dexed for inflation, starting in 2012. FEMA is authorized to issue notes or other No provision. Section 3004(b) would authorize insurance obligations to the Secretary of the Treasury, Conference substitute coverage under policies issued by the NFIP without the approval of the President, to fi- No provision. to be adjusted for inflation since September nance the flood insurance program. All funds POLICY CLAIMS AND WRITE-YOUR-OWN INSURERS 30, 1994. This section would clarify that in- borrowed under this authority shall be de- H3004,3022,3023,3028,3032/S— sured or applicants for residential insurance posited in the National Flood Insurance coverage under the NFIP would receive up to Fund. 42 U.S.C. § 4016(a) Current law an ‘‘aggregate liability’’ of $250,000 per claim FEMA is authorized to borrow from the The ‘‘Exclusions’’ section ‘‘V’’ of the rather than a ‘‘total amount’’ of $250,000. U.S. Treasury. Borrowed funds must be re- Standard Flood Insurance Policy stipulates Nonresidential property owners would be in- paid with interest. 42 U.S.C. § 4017 (a)(3) that ‘‘We do not insure a loss directly or insured for a total of $500,000 aggregate liabil- directly caused by a flood that is already in ity for structure and $500,000 aggregate li- House bill progress at the time and date: (1) the policy ability for content. These amounts would be Section 3011 would streamline and reau- term begins; or (2) coverage is added at your adjusted or indexed for inflation using the thorize the Flood Mitigation Assistance Pro- request. Appendix A(1) to Part 61. Coverage percentage change over the period beginning gram, the Repetitive Flood Claims Program for a new contract for flood insurance cov- on September 30, 1994 through the date of en- and the Severe Repetitive Loss Program in erage shall become effective upon the expira- actment of the law. order to improve their effectiveness and effi- tion of the 30–day period beginning on the Section 3004(d) would authorize the Admin- ciency. Financial assistance would be made date that all obligations for such coverage istrator of FEMA to offer optional coverage available to states and communities in the are satisfactorily completed. § 61.11; 42 U.S.C. for additional living expenses, up to a max- form of grants for carrying out mitigation 4013(c) imum of $5,000, as well as to offer optional activities, especially with respect to severe There are no relevant provisions in current coverage for the interruption of business op- repetitive loss structures, repetitive loss law regarding Section 3022 of the House bill. erations up to a maximum of $20,000, pro- structures, and to property owners in the There are no relevant provisions in current vided that FEMA: (1) charges full-risk rates form of direct grants. This section would ex- law regarding Section 3023 of the House bill. for such coverage; (2) makes a finding that a pand eligibility for mitigation assistance There are no relevant provisions in current competitive private market for such cov- grants from mitigating flood risk to miti- law regarding Section 3028 of the House bill. erage does not exist; and (3) certifies that gating multiple hazards. Amounts provided the NFIP has the capacity to offer such cov- could be used only for mitigation activities House bill erage without the need to borrow additional that are consistent with mitigation plans ap- Sections 3004 and 3032 would clarify the ef- funds from the U.S. Treasury. proved by FEMA. FEMA Administrator fective date of insurance policies covering Section 3004(e) would authorize the Admin- could approve only mitigation activities properties affected by floods in progress. istrator of FEMA to offer policyholders the that are determined to be technically fea- Property experiencing a flood during the 30-

VerDate Mar 15 2010 06:47 Feb 17, 2012 Jkt 019060 PO 00000 Frm 00063 Fmt 4634 Sfmt 0634 E:\CR\FM\A16FE7.017 H16FEPT1 jbell on DSK7SPTVN1PROD with HOUSE H868 CONGRESSIONAL RECORD — HOUSE February 16, 2012 day waiting period following the purchase of tion in a prominent local newspaper at least Section 3013 would require the Adminis- insurance would be covered for damage to twice during the ten day period immediately trator of FEMA, upon any revision or update the property that occurs after the 30-day pe- following the notification of the CEO. § 67.4 of any floodplain area or flood-risk zone and riod has expired, but only if the property has FEMA publishes a notice of the commu- the issuance of a preliminary flood map, to not suffered damage or loss as a result of nity’s proposed flood elevation determina- notify in writing the Senators of each state such flood before the expiration of such 30- tion in a prominent local newspaper at least affected and each Member of Congress for day period. These sections would require twice during the ten day period immediately each congressional district affected by the FEMA to review the processes and proce- following the notification of the CEO. § 67.4 flood map revision or update. dures for determining that a flood event has Any owner or lessee of real property, within Section 3014 would require the Adminis- commenced or is in progress for purposes of a community where a proposed flood ele- trator of FEMA to establish projected flood flood insurance coverage and report to Con- vation determination has been made who be- elevations and to notify the chief executive gress within 6 months. lieves his property rights to be adversely af- officer of each community affected by the Section 3022 would require FEMA to grant fected by the proposed base flood determina- proposed elevation a notice of the elevations, policy holders the right to request engineer- tion may file a written appeal of such deter- including a copy of the maps for the ele- ing reports and other documents relied on by mination with the CEO within 90 days of the vations and a statement explaining the proc- the Administrator and/or participating WYO second newspaper publication of the FEMA ess to appeal for changes in such elevations. companies in determining whether the dam- proposed determination. § 67.5 Section 3018 would require the Adminis- age was caused by flood or any other peril There are no relevant provisions in current trator of FEMA to reimburse owners of any (e.g., wind). FEMA would also be required to law regarding Section 3026 of the House bill. property, or a community in which such provide the information to the insured with- The NFIP participating community must property is located, for the reasonable costs in 30 days of the request for information. provide written assurance that they have involved in obtaining a Letter of Map Section 3023 would authorize FEMA to complied with the appropriate minimum Amendment (LOMA) and Letter of Map Revi- refuse to accept future transfers of policies floodplain management regulation. § 60.3 sion (LOMR) if the change was due to a bona to the NFIP Direct program. House bill fide error on the part of FEMA. The Admin- Section 3028 would require FEMA to sub- Section 3006 would establish the Technical istrator would be authorized to determine a mit a report to Congress describing proce- reasonable amount of costs to be reimbursed dures and policies for limiting the number of Mapping Advisory Council (Council) to develop and recommend new mapping stand- except that such costs would not include flood insurance policies that are directly legal or attorney fees. The reasonable cost managed by the Agency to not more than ards for FIRMs. The Council would include representatives from FEMA, the U.S. Geo- would consider the actual costs to the owner 10% of the total number of flood insurance of utilizing the services of an engineer, sur- policies in force. After submitting the report logical Survey (USGS), the U.S. Army Corps of Engineers (USACE), other federal agen- veyor or similar services. This section would to Congress, the Administrator would have require FEMA to issue regulation pertaining 12 months to reduce the number of policies cies, state and local governments, as well as experts from private stakeholder groups. to the reimbursements. directly managed by the Agency, or by the Section 3020 would require FEMA to pro- This section would require that there is ade- Agency’s direct servicing contractor that is vide to a property owner newly included in a quate number of representatives from the not an insurer, to not more than 10% of the revised or updated proposed flood map a copy states with coastlines or the Gulf of Mexico total number of flood insurance policies in of the proposed FIRM and information re- and other states containing areas at high- force. garding the appeals process at the time the risk for floods or special flood hazard areas. Senate bill proposed map is issued. The Council would submit the new mapping Section 3024 would require FEMA to notify No provision. standards for 100-year flood insurance rate a prominent local television and radio sta- Conference substitute maps to FEMA and the Congress within 12 tion of projected and proposed changes to No provision. months of enactment and would continue to flood maps for communities. This section review those standards for four additional FLOOD RISK ASSESSMENT AND MAPPING would authorize FEMA to grant an addi- years, at which time the Council would be H3006,3007,3008,3013,3014,3018,3020,3024,3026, tional 90 days for property owners or a com- terminated. This section would place a mor- 3030/S— munity to appeal proposed flood maps, be- atorium on the issuance of any updated flood Current law yond the original 90 day appeal period, so insurance rate maps from the date of enact- There are no relevant provisions in current long as community leaders certify they bement until the Council submits to FEMA law regarding Section 3006 of the House bill. lieve there are property owners unaware of and Congress the proposed new mapping FEMA is authorized to identify and publish the proposed flood maps and appeal period, standards. This section would allow for the information with respect to all areas within and community leaders would use the addi- revision, update and change of rate maps the United States having special flood, tional 90 day appeal period to educate prop- only pursuant to a letter of map change. mudslide, and flood-related erosion hazards. erty owners on the proposed flood maps and Section 3007 would direct FEMA to estab- § 65.1 appeal process. lish new standards for FIRMs beginning six FEMA will only recognize in its flood haz- Section 3026 would authorize the use of months after the Technical Mapping Advi- ard and risk mapping effort those levee sys- Community Development Block Grants to sory Council issues its initial set of rec- tems that meet, and continue to meet, min- supplement state and local funding for local ommendations. The new standards would de- imum design, operation, and maintenance building code enforcement departments and lineate all areas located within the 100-year standards that are consistent with the level flood program outreach. of protection sought through the comprehen- flood plain and areas subject to gradual and Under Section 3030, the Administrator of sive floodplain management regulations. other risk levels, as well as ensure the stand- FEMA would be required to conduct a study § 65.10 ards reflect the level of protection levees regarding the impact, effectiveness, and fea- There are no relevant provisions in current confer. The standard must also differentiate sibility of including widely used and nation- law regarding Section 3013 of the House bill. between a property that is located in a flood ally recognized building codes as part of FEMA publishes in the Federal Registry a zone and a structure located on such prop- FEMA’s floodplain management criteria and notice of the proposed flood elevation deter- erty that is not at the same risk level for submit a report to the House Committee on mination sent to the Chief Executive Officer flooding as such property due to the ele- Financial Services and Senate Banking, of the community. The agency also publishes vation of the structure and provide that such Housing, and Urban Affairs Committee. The a copy of the community’s appeal or a copy rate maps are developed on a watershed study would assess the regulatory, financial, of its decision not to appeal the proposed basis. This section would require FEMA to and economic impacts of such building code flood elevation determination. § 67.3 submit a report to Congress specifying which requirement on homeowners, states and local A Standard Flood Insurance policyholder Council recommendations were not imple- communities, local land use policies, and whose property has become the subject of a mented and explaining the reasons such rec- FEMA. Letter of Map Amendment may cancel the ommendations were not adopted. FEMA Senate bill policy within the current policy year and re- would have 10 years to update all FIRMs in ceive a premium refund. § 70.8 The policy accordance with the new standards subject No provision. could be canceled provided (1) the policy- to the availability of appropriated funds. Conference substitute holder was required to purchase flood insur- This section would eliminate requirements No provision. to more broadly map areas considered to be ance; and (2) the property was located in a STUDIES AND REPORTS FOR CONGRESS SFHA as represented on an effective FIRM residual risk. H3009(a),3009(b),3009(c),3009(d),3010,3025,3029, when the financial assistance was provided. Section 3008 would prohibit the Adminis- 3031/S— If no claim under the policy has been paid or trator of FEMA from issuing flood insurance is pending, the full premium shall be re- maps, or make effective updated flood insur- Current law funded for the current policy year, and for an ance maps, that omit or disregard the actual There are no relevant provisions in current additional policy year where the insured had protection afforded by an existing levee, law regarding Section 3009(a) of the House been required to renew the policy. § 62.5 floodwall, pump or other flood protection bill. FEMA publishes a notice of the commu- feature, regardless of the accreditation sta- FEMA is authorized to encourage insur- nity’s proposed flood elevation determina- tus of such feature. ance companies and other insurers to form,

VerDate Mar 15 2010 06:47 Feb 17, 2012 Jkt 019060 PO 00000 Frm 00064 Fmt 4634 Sfmt 0634 E:\CR\FM\A16FE7.019 H16FEPT1 jbell on DSK7SPTVN1PROD with HOUSE February 16, 2012 CONGRESSIONAL RECORD — HOUSE H869 associate, or otherwise join together in a of the United States to conduct separate There are no relevant provisions in current pool to provide the flood insurance coverage studies to assess options, methods, and strat- law regarding Section 4104 of the House bill. authorized under the NFIP. 44 U.S.C. § 4051 egies for offering voluntary community- The law requires the FCC to set rules re- (a) FEMA is authorized to take such action based flood insurance under the NFIP. The garding participation in spectrum licenses as may be necessary in order to make avail- studies would consider and analyze how the auctions and for spectrum use (service rules). able reinsurance for losses which are in ex- policy options would affect communities Authority of FCC to use competitive bid- cess of losses assumed by private industry having varying economic bases, geographic ding systems to assign licenses for the use of flood insurance pools. 42 U.S.C. § 4055(a) locations, flood hazard characteristics or designated portions of electro-magnetic There are no relevant provisions in current classification, and flood management ap- spectrum expires September 30, 2012. law regarding Section 3009(d) of the House proaches. The report and recommendations There are no relevant provisions in current bill. would be submitted within 18 months after law regarding Section 4107 of the House bill. There are no relevant provisions in current the enactment of this Act to the House Com- House bill law regarding Section 3010 of the House bill. mittee on Financial Services and the Senate Under Section 4005, payments of funds to There are no relevant provisions in current Banking, Housing, and Urban Affairs Com- and access to spectrum license auctions law regarding Section 3025 of the House bill. mittee. would be prohibited for any person who is There are no relevant provisions in current Section 3031 would require the National barred by a federal agency for reasons of na- law regarding Section 3029 of the House bill. Academy of Sciences (NAS) to conduct a tional security. There are no relevant provisions in current study of methods for understanding grad- Section 4101 would set requirements for law regarding Section 3031 of the House bill. uated risk behind levees and the associated commercial auctions of electro-magnetic House bill land development, insurance, and risk com- spectrum currently assigned for federal use Section 3009(a) would require the Adminis- munication dimensions. The NAS would sub- as described by the bill. With exceptions, trator of FEMA and the Comptroller General mit a report with recommendations within process of preparing auctions would begin of the United States to conduct separate 12 months of the date of enactment of this within three years of enactment. Spectrum studies to assess a broad range of options, Act to the House Committee on Financial license auction proceeds would be distrib- methods, and strategies for privatizing the Services and Senate Banking, Housing, and uted to the Spectrum Relocation Fund, NFIP. FEMA and GAO would submit reports Urban Affairs Committee. which would receive an amount equal to (within 18 months of the date of the enact- Senate bill 110% of projected federal agency relocation ment of this Act) to the House Committee on No provision. costs, with the balance deposited with the Public Safety Trust Fund. Financial Services and the Senate Banking, Conference substitute Housing, and Urban Affairs Committee that Section 4102 would require that these spec- No provision. make recommendations for the best manner trum licenses be released for commercial to accomplish privatization of the NFIP. MISCELLANEOUS PROVISIONS auction within five years of a decision by a Section 3009(b) would authorize the Admin- H3035/S— federally appointed Administrator. The decision would be triggered by a declaration by istrator of FEMA to carry out private risk- Current law management initiatives to determine the ca- the Administrator that technology was There are no relevant provisions in current pacity of private insurers, reinsurers, and fi- available that would allow the migration of law regarding Section 3035 of the House bill. nancial markets to assist communities, on a voice communications from the 700 MHz voluntary basis only, in managing the full House bill narrowband networks to the 700 MHz range of financial risk associated with flood- Section 3035 would allow state and local broadband network, thereby freeing up the ing. The Administrator would assess the ca- governments to use the Army Corps of Engi- narrowband spectrum for auction to the pacity of the private reinsurance, capital, neers to evaluate locally operated levee sys- commercial sector. Would allocate $1 billion and financial markets by seeking proposals tems which were either built or designed by of auction proceeds to a new grant program to assume a portion of the program’s insur- the Corps, and which are being reaccredited for states to acquire radio equipment. ance risk and submit to Congress a report as part of a NFIP remapping. All costs asso- Section 4103 would provide the FCC with describing the response to such request for ciated with evaluations would continue to be the authority to establish incentive auctions proposals and the results of such assessment. covered by the state or local government re- for television broadcasters, within specified The Administrator would be required to de- questing the evaluation. limits. It would create a TV Broadcaster Re- velop a protocol to provide for the release of Senate bill location Fund as a means for broadcasters to receive up to $3 billion of auction revenue to data sufficient to conduct the assessment of No provision. the insurance capacity of the private sector. cover relocation costs and for other pur- Under Section 3009(c), the Administrator of Conference substitute poses. Proceeds above that amount would go FEMA would be authorized to secure reinsur- No provision. to the Public Safety Trust Fund through ance coverage from private market insur- TITLE IV—JUMPSTARTING OPPOR- FY2021, after which funds are to be deposited ance, reinsurance, and capital market TUNITY WITH BROADBAND SPECTRUM in the General Fund. sources in an amount sufficient to maintain ACT OF 2011 Section 4104 would establish procedures for the FCC to follow in reallocating television the ability of the program to pay claims and SUBTITLE A—SPECTRUM AUCTION AUTHORITY that minimizes the likelihood of having to broadcasting spectrum licenses for commer- H4005,4101,4102,4103,4104,4105,4106,4107/S— borrow from the U.S. Treasury. cial auction. Under Section 3009(d), the Administrator Current law Section 4105 would set limitations on FCC would be required to conduct an assessment There are no relevant provisions in current auction and service rules for future auctions. of the claims-paying ability of the NFIP, in- law regarding Section 4005 of the House bill. Would prohibit auction rules that placed new cluding the program’s utilization of private Current law provides for auction of electro- conditions on prospective bidders (spectrum sector reinsurance and reinsurance equiva- magnetic spectrum assigned for federal use caps). Would prohibit service rules that re- lents, with and without reliance on bor- but does not establish deadlines for specified strict licensee’s ability to manage network rowing authority. frequencies. Current law provides for a Spec- traffic (net neutrality) or that would require Section 3010 would require the Adminis- trum Relocation Fund. It requires that spec- providing network access on a wholesale trator of FEMA to submit an annual report trum license proceeds be paid to the General basis. to the Congress on the financial status of the Fund except in the case of auctions of federal Section 4106 would extend the FCC’s auc- NFIP, including current and projected levels spectrum being reallocated for commercial tion authority through FY 2021. of claims, premium receipts, expenses, and use in which case unexpended proceeds are Section 4107 would lay the groundwork to borrowing under the program. held for 8 years before being deposited in the expand commercial use of unlicensed spec- Under Section 3025, the Administrator of Treasury. trum within the federally managed 5GHz FEMA would be required to conduct a study Current law requires that 24 MHz of spec- band of wireless spectrum by requiring the regarding the impact, effectiveness, and fea- trum licenses in 700 MHz band be assigned FCC to commence a proceeding as described sibility of including widely used and nation- for use by public safety agencies. FCC regu- in the bill. ally recognized building codes as part of lations have designated 12 MHz for use by Senate bill FEMA’s floodplain management criteria and narrowband radios carrying primarily voice No provision. submit a report to the House Committee on communications and 2 MHz as guard bands SUBTITLE B—ADVANCED PUBLIC SAFETY Financial Services and Senate Banking, to mitigate radio interference. Licenses are COMMUNICATIONS Housing, and Urban Affairs Committee. The administered by state and local authorities. PART 1—NATIONAL IMPLEMENTATION study would assess the regulatory, financial, Current law requires that auction proceeds and economic impacts of such building code be deposited in the General Fund. H4201,4202,4203,4204,4205/S— requirements on homeowners, states and The FCC has broad regulatory powers that Current law local communities, local land use policies, might permit it to reallocate TV broad- The FCC is empowered to manage public and FEMA. casting spectrum. Current law requires that safety use and assign access to spectrum. Section 3029 would require the Adminis- auction proceeds be deposited in the General FCC has assigned a single, nationwide li- trator of FEMA and the Comptroller General Fund. cense for 10 MHz of public safety broadband

VerDate Mar 15 2010 06:47 Feb 17, 2012 Jkt 019060 PO 00000 Frm 00065 Fmt 4634 Sfmt 0634 E:\CR\FM\A16FE7.020 H16FEPT1 jbell on DSK7SPTVN1PROD with HOUSE H870 CONGRESSIONAL RECORD — HOUSE February 16, 2012 spectrum, which it regulates. The law re- network, using 700 MHz public safety for next-generation 9–1–1 systems and to quires that the D Block be auctioned for broadband spectrum, to create a Public Safe- fund a grant program with an authorization commercial purposes, with proceeds depos- ty Broadband Office. Each office would pre- of $250 million. This section would direct the ited in the General Fund. pare proposals for building networks based Assistant Secretary (NTIA) and the Adminis- The Office of Emergency Communications on the requirements established through the trator of the National Highway Traffic Safe- (OEC) within the Department of Homeland National Public Safety Communications ty Administration (NHTSA) to establish a 9– Security, as required by law, has prepared a Plan, including for requests for proposal. The 1–1 Implementation Coordination Office to National Emergency Communications Plan. Administrator would work with each state reestablish and extend matching grants, The law also requires the OEC to work with office in preparing and carrying out the through October 1, 2021, to eligible state or other federal agencies in developing appro- plans. In general, states would be required to local governments or tribal organizations for priate standards for interoperability, among sign a contract with a commercial mobile the implementation, operation, and migra- other requirements. The FCC has used its provider to build the network to specifica- tion of various 9–1–1, E9–1–1 (wireless tele- regulatory authority to create requirements tions as provided in the bill and in accord- phone location), Next Generation 9–1–1 for the use of public safety spectrum at 700 ance with requirements established by the (voice, text, video), and IP-enabled emer- MHz, including interoperability and stand- Public Safety Communications Planning gency services and public safety personnel ard-setting. Board and by the Administrator. training. This section would provide immu- Law has required that each state, in order Section 4222 would establish a matching to receive federal funding for certain grants nity and liability protection, to the extent grant program to assist state Public Safety consistent with specified provisions of the for public safety, must establish a State Broadband Offices. Communications Interoperability Plan Wireless Communications and Public Safety Section 4223 would create a State Imple- Act of 1999, to various users and providers of (SCIP) and designate plan administrators at mentation Fund for the State Implementa- the state or local level. OEC is charged with Next Generation 9–1–1 and related services, tion Grant Program. The fund would receive including for the release of subscriber infor- assisting and overseeing these plans. Each up to $100 million in auction revenue as spec- state has submitted a SCIP to the OEC. Law mation. ified in the bill. Funds remaining at the end Section 4266 would require GAO to prepare also required the creation of Regional Emer- of 2021 would be deposited in the General gency Communications Centers to facilitate a report on 9–1–1 capabilities of multi-line Fund. telephone systems in federal facilities, and regional planning for interoperability at the Section 4224 would provide grants to states would require the FCC to seek comment on regional level. for payments under contracts entered into the feasibility of improving 9–1–1 identifica- There are no relevant provisions in current with the approval of the Administrator. law regarding Section 4204 of the House bill. Section 4225 would require approval of re- tion for calls placed through multi-line tele- House bill quests for modification of cell towers. This phone systems. Section 4267 requires GAO to study how Section 4201 would assign a total of 20 MHz section would provide for federal agencies to states assess fees on 9–1–1 services and how of 700 MHz spectrum designated for public grant easements for the placement of anten- those fees are used. safety use to an Administrator, competi- nas on federal property. This section would Section 4268 would provide immunity and tively chosen by the NTIA. The Adminis- require the General Services Administration liability protection, to the extent consistent trator would manage the distribution of (GSA) to provide a common request form for with specified provisions of the Wireless spectrum capacity to individual states and easements and rights-of-way and to establish Communications and Public Safety Act of enforce requirements established in the bill. fees for this service, based on direct cost re- 1999, to various users and providers of Next Specifically, provisions would reallocate 10 covery. This section would require the GSA Generation 9–1–1 and related services, includ- MHz (the D Block) from commercial use to to develop one or more contracts for antenna ing for the release of subscriber information. public safety use. placement and other specifications. Section 4269 would direct the FCC to: (1) Section 4202 would establish requirements Senate bill for the FCC to create a Public Safety Com- initiate a proceeding to create a specialized No provision. munications Planning Board. The Board Do-Not-Call registry for public safety an- would prepare, and submit to the FCC for ap- PART 3—PUBLIC SAFETY TRUST FUND swering points, and (2) establish penalties proval, a National Public Safety Commu- H4241/S— and fines for autodialing (robocalls) and re- nications Plan. The Plan would include re- Current law lated violations. Section 4270 requires an analysis of costs quirements for interoperability and stand- There are no relevant provisions in current and assessments and analyses of technical ards, among other provisions. law regarding Section 4241 of the House bill. Section 4203 would require the NTIA to re- uses. House bill quest proposals for the administration of the Section 4271 would require the FCC to as- Plan. Would establish the duties of the Ad- Section 4241 would create a fund to receive, sess the legal and regulatory environment ministrator in working with State Public hold and disburse all auction proceeds as for development of NG9–1–1 and barriers to Safety Broadband Offices to build interoper- provided in the bill except for $3 billion to be that development, including state regulatory able networks within each state. directed to the TV Broadcaster Relocation roadblocks. Section 4204 would provide borrowing au- Fund. Designated uses are: State and Local Senate bill Implementation, $100 million; Public Safety thority of up to $40 million for the creation No provision. and initial operation of the Administrator’s Administrator, $40 million; Public Safety SUBTITLE C—FEDERAL SPECTRUM office, to be repaid from auction revenue re- Broadband Network Deployment, $4.96 bil- RELOCATIONS ceived by the Public Safety Trust Fund. lion plus 10% of any remaining amounts de- Section 4205 would require the OEC to sub- posited in the fund up to $1.5 billion; Deficit H4301,4302,4303/S— mit to Congress a study that would: review Reduction, $20.4 billion from fund and bal- Current law the importance of amateur radio in respond- ances upon expiration in FY 2021, plus at Law provides conditions of use and relin- ing to disasters; make recommendations for least 90% of any additional auction revenue. quishment of spectrum, and related actions, how to enhance the use of amateur radio fed- Senate bill by federal agencies. Federal agencies that erally; and to identify impediments to ama- No provision. are relocating to new spectrum allocations teur radio such as private land use restric- PART 4—NEXT GENERATION 9–1–1 ADVANCEMENT in order to accommodate commercial users tions on antennas. ACT for other uses may be reimbursed for certain Senate bill H4265,4266,4267,4268,4269,4270,4271/S— costs of relocation from the Spectrum Relo- No provision. Current law cation Fund, established for that purpose. PART 2—STATE IMPLEMENTATION Spectrum Relocation Fund created by the Similar provisions were in effect through H4221,4222,4223,4224,4225/S— Commercial Spectrum Enhancement Act of statutes that expired at the end of FY2009. 2004 (P.L. 108–494, Title II). Current law Provisions included requirements for a grant There are no relevant provisions in current FCC has promulgated regulations and re- program and for planning for the eventual law regarding Section 4303 of the House bill. quirements for public safety broadband ac- transition to Next Generation 9–1–1. cess. There are no relevant provisions in current House bill There are no relevant provisions in current law regarding Section 4266 of the House bill. Section 4301 would include shared use as an law regarding Section 4222 of the House bill. Law Requires FCC to study 9–1–1 fee collec- eligible action and expenditures for planning There are no relevant provisions in current tion and use and issue a report annually. would be newly included among those costs law regarding Section 4223 of the House bill. Law extends similar protection for existing eligible for reimbursement from the Spec- There are no relevant provisions in current 9–1–1 services. trum Relocation Fund. This section would law regarding Section 4224 of the House bill. There are no relevant provisions in current establish a Technical Panel to review a tran- State and local governments have right to law regarding Section 4269 of the House bill. sition plan that the NTIA would be required apply zoning law procedures for requests to There are no relevant provisions in current to prepare in accordance with provisions in modify existing cell towers. law regarding Section 4270 of the House bill. the bill. This section would require that the House bill House bill NTIA give priority to options that would re- Section 4221 would require each state seek- Section 4265 would establish a federal 9–1– allocate spectrum for exclusive, nonfederal ing to establish a public safety broadband 1 Coordination Office to advance planning uses assigned through auction.

VerDate Mar 15 2010 05:05 Feb 17, 2012 Jkt 019060 PO 00000 Frm 00066 Fmt 4634 Sfmt 0634 E:\CR\FM\A16FE7.021 H16FEPT1 jbell on DSK7SPTVN1PROD with HOUSE February 16, 2012 CONGRESSIONAL RECORD — HOUSE H871 Section 4302 would address uses of the as if enterprises were fully private regulated sequestration of non-exempt budgetary re- Fund, as described in Sec. 4301, and would es- institutions. This section requires a min- sources is required to eliminate such deficit. tablish requirements regarding transfers of imum increase of 10 basis points (0.10%) Under the law, off-budget effects and discre- funds in advance of auctions and reversion of greater than average 2011 guarantee fees. tionary spending effects are not counted. unused funds. Amounts received from fee increases im- House bill Section 4303 would establish provisions posed under this section shall be deposited Section 6002 repeals a requirement that im- under which non-disclosure of information directly into the United States Treasury, porters pre-pay certain fees authorized under regarding federal spectrum use would be de- and shall be available only to the extent pro- the Consolidated Omnibus Budget Reconcili- termined. vided in subsequent appropriations Acts. The ation Act of 1985. Senate bill fees charged pursuant to this section shall Section 6003(a) creates a Senate point of not be considered a reimbursement to the No provision. order against the consideration of any meas- Federal Government for the costs or subsidy SUBTITLE D—TELECOMMUNICATIONS ure that ‘‘extends the dates referenced in provided to an enterprise. This section pro- DEVELOPMENT FUND section 601(c) of the Tax Relief, Unemploy- vides for a two-year phase-in at discretion of H4401,4402/S— ment Insurance Reauthorization, and Job Director of FHFA. This section requires all Creation Act of 2010.’’ Provides that a two- Current law lenders to be charged a uniform guarantee thirds affirmative vote would be required to The Telecommunications Development fee. This section requires an annual FHFA waive the point of order. Fund (TDF) was created to provide funding Report to Congress to include information Section 6003(b) amends the Budget Act to for new ventures in telecommunications. One on up-front and annual guarantee fee in- create a point of order against an emergency source of funds comes from the requirement creases, and changes in riskiness of new designation pursuant to the BBEDCA in- that interest from certain escrow accounts mortgages. This section applies to mortgages cluded in any measure. The new point of overseen by the FCC be transferred to the closed after the date of enactment. This sec- order is similar to the existing Senate emer- TDF. tion expires October 1, 2021. This section in- The law that created TDF requires board gency designation point of order: (1) if point creases guarantee fees on FHA-insured mort- members to consult with the FCC and the of order is made, emergency designation is gages by 10 basis points (0.10%) with phase-in Treasury before finalizing decisions. stricken from the measure; and (2) a three- over two years. House bill fifths affirmative vote is required to waive Conference substitute Section 4401 would require that interest ac- the point of order and to sustain an appeal of crued in specified accounts be deposited in No provision. the ruling of the chair. the General Fund. TITLE VI—MISCELLANEOUS PROVISIONS Section 6004 provides that the budgetary Section 4402 eliminates the role of federal H6002,6003(a),6003(b),6004/S511,512 effects of H.R. 3630 are not placed on either PAYGO scorecard, as long as the legislation agencies in oversight of board activities. Current law Senate bill does not increase the deficit over the Section 263 of the Trade Adjustment As- FY2013–FY2021 period. Also provides that off- No provision. sistance Extension Act of 2011 (P.L. 112–40) budget effects, changes to the statutory dis- Conference substitute requires any fees for processing merchandise cretionary spending limits, and changes in Title VI—Public Safety Communications entered between October 1 and November 12, net income to the National Flood Insurance and Electromagnetic Spectrum Auctions. 2012, to be paid no later than September 25, Program are to be counted in determining The public safety and spectrum provisions of 2012, in an amount equivalent to the amount the budgetary effects of the legislation. this legislation advance wireless broadband of such fees paid with respect to merchandise Senate bill service by clearing spectrum for commercial entered between October 1 and November 12, auction, promoting billions of dollars in pri- 2011. The section requires the Secretary of The Senate bill does not contain a provi- vate investment, and creating tens of thou- the Treasury to refund with interest any sion regarding the repeal of a requirement sands of jobs. These provisions also deliver overpayment of such fees. The section pro- relating to time for remitting certain mer- on one of the last outstanding recommenda- hibits any assessment of interest for any un- chandise processing fees. tions of the 9/11 Commission by creating a derpayments based on the amount of fees Section 511 amends the Budget Act to cre- nationwide interoperable broadband commu- paid for merchandise entered between Octo- ate a point of order against an emergency nications network for first responders and ber 1 and November 12, 2012. designation pursuant to the BBEDCA in- generating billions of dollars of Federal rev- Section 601(c) of the Tax Relief, Unemploy- cluded in any measure. The new point of enue. ment Insurance Reauthorization, and Job order is similar to the existing Senate emer- TITLE V—OFFSETS Creation Act of 2010 (26 U.S.C. 1401 note) gency designation point of order: (1) if point of order is made, emergency designation is SUBTITLE A—GUARANTEE FEES specifies the calendar year in which the pay- stricken from the measure; and (2) a three- H5001/S401,402 roll tax holiday period applies. There is no fifths affirmative vote is required to waive Current law Senate point of order against the consideration of legislation that would amend this the point of order and to sustain an appeal of Similar provisions were enacted in Title IV section of the law. the ruling of the chair. of P.L. 112–78. Section 251 of the Balanced Budget and Section 512 provides that the budgetary ef- House bill Emergency Deficit Control Act of 1985 fects of H.R. 3630 are not placed on either Section 5001 increases guarantee fees to re- (BBEDCA), as amended by the Budget Con- PAYGO scorecard. Senate provision makes flect risk of loss and cost of capital as if en- trol Act of 2011 (BCA), establishes enforce- no modifications to the conventional budget terprises were fully private regulated insti- able statutory limits on discretionary spend- scoring of the legislation. tutions. This section requires a minimum in- ing for each fiscal year covering FY2012– Conference substitute crease of 10 basis points (0.10%) greater than FY2021. Section 251(b)(2)(A)(i) of the BBECCA Section 7002. Repeal of Requirement Relat- average 2011 guarantee fees. To the extent provides for these limits to be adjusted to ac- ing to Time for Remitting Certain Merchan- that amounts are received from fee increases commodate discretionary spending des- dise Processing Fees: Repeals a requirement imposed under this section that are nec- ignated as emergency requirements in stat- that importers pre-pay certain fees author- essary to comply with the minimum increase ute (i.e., effectively exempting such spending ized under the Consolidated Omnibus Budget required by this subsection, such amounts from the limits). Section 314 of the Congres- Reconciliation Act of 1985. The provision is shall be deposited directly into the United sional Budget Act of 1974, as amended by the identical to that contained in Section 6002 of States Treasury, and shall be available only BCA, allows the chairs of the budget com- the House bill. to the extent provided in subsequent appro- mittees in each chamber to make similar ad- Section 7003. Points of Order in the Senate: priations Acts. Such fees shall not be consid- justments for purposes of congressional en- Includes two Senate points of order related ered a reimbursement to the Federal Govern- forcement of these and other spending limits to (1) protecting the Social Security Trust ment for the costs or subsidy provided to an during the consideration of spending legisla- Fund and (2) emergency spending. The provi- enterprise. This section provides for a two- tion. The existing Senate point of order sion is identical to that contained in Section year phase-in at discretion of Director of against an emergency designation (Section 6003 of the House bill. FHFA. This section requires all lenders to be 403 of S. Con. Res. 13, 111th Congress, the Section 7004. PAYGO Scorecard Estimates: charged a uniform guarantee fee. This sec- FY2010 budget resolution) does not apply to Provides that the budgetary effects of the tion requires an annual FHFA Report to an emergency designation pursuant to the bill shall not be entered on the statutory Congress to include information on up-front BBEDCA; therefore, there is no current Sen- PAYGO scorecards provided that the bill is and annual guarantee fee increases, and ate point of order against such a designation. deficit neutral over 10 years. The provision is changes in riskiness of new mortgages. This Under the Statutory Pay-As-You-Go Act of identical to that contained in Section 6004 of section applies to mortgages closed after the 2010 (Title I of P.L. 111–139), the five-year and the House bill. date of enactment. This section expires Octo- 10-year budgetary effects of direct spending FEDERAL CIVILIAN EMPLOYEES PROVISIONS ber 1, 2021. and revenue legislation enacted during a ses- Senate bill sion are placed on respective scorecards. At Current law Sections 401 and 402 increase guarantee the end of a session of Congress, if either Pay Freeze: The Continuing Resolution of fees to reflect risk of loss and cost of capital scorecard shows an increase in the deficit, a December of 2010 included a two-year freeze

VerDate Mar 15 2010 06:47 Feb 17, 2012 Jkt 019060 PO 00000 Frm 00067 Fmt 4634 Sfmt 0634 E:\CR\FM\A16FE7.022 H16FEPT1 jbell on DSK7SPTVN1PROD with HOUSE H872 CONGRESSIONAL RECORD — HOUSE February 16, 2012 on all across-the-board, annual pay adjust- made for individuals entering the CIA and (HHS) by July 1, 2012, on which types of hos- ments for federal civilian employees, Janu- Foreign Service pension systems. Members pitals should continue to receive hold harm- ary 1, 2011 through December 31, 2012. of Congress and congressional employees en- less payments in order to maintain adequate Federal Employee Pensions: Most federal ci- tering service after December 31, 2012 who beneficiary access to outpatient services. vilian employees are participants in the Fed- have less than 5 years of creditable civilian Physician Payment Update eral Employees Retirement System (FERS), service would be subject to the same con- Current law under which they make a contribution to- tribution rate and annuity calculation as The Sustainable Growth Rate (SGR) forward a defined benefit pension equal to 0.8 other federal employees. mula system was established by the Bal- percent of basic pay. Their employing agen- MEDICARE AND OTHER HEALTH PROVISIONS cy covers the remainder of the pension cost. anced Budget Act of 1997 (BBA) as the mech- Extension of MMA Section 508 Reclassifica- At normal retirement age, an employee is anism to determine the update to Medicare tions entitled to a pension equal to 1 percent (or physician payments beginning in 1999. The 1.1 percent for those retiring at age 62 with Current law formula allows spending to grow at the rate 20 years of service) of the average of the em- Under Medicare’s Inpatient Prospective of the economy, adjusted for other factors ployee’s highest three years’ compensation Payment System (PPS), payments are ad- such as the number of beneficiaries in Medi- times the employee’s years of service. Cer- justed by a wage index that is intended to re- care fee-for-service. The tally of actual and tain FERS participants retiring prior to age flect the cost of labor in the area where the target expenditures is cumulative in that it 62 are entitled to the FERS annuity supple- services are furnished compared to a na- is maintained on an on-going basis since the ment. This benefit is paid in addition to tional average. Hospitals in areas with high- formula’s inception. The update adjustment their defined benefit annuity, and equals the er wage costs have higher wage indices and that results from the SGR system is made Social Security benefit they would receive therefore receive higher PPS payments; hos- through the conversion factor. If spending for their FERS civilian service from the So- pitals in lower wage areas have lower wage exceeds the target, the adjustment to the cial Security Administration if eligible to indices and receive lower payments. conversion factor is negative (physicians receive Social Security on their date of re- Recognizing that the indices are not al- payments get reduced). If spending is below tirement. Most employees who first entered ways accurate, Congress in 1989 established a the target, the adjustment is positive (physi- federal government service before 1987 are process whereby hospitals could apply to cian payments are increased). Physician covered by the Civil Service Retirement Sys- ‘‘reclassify’’ to a nearby area, and receive spending has routinely exceeded the target tem (CSRS), under which they contribute 7 the higher wage index of that area. While a such that the SGR formula has specified neg- percent of their pay toward their defined significant number of hospitals (nearly 40%) ative updates since 2002. Congress has inter- benefit pension. CSRS employees are not have a reclassified wage index, other hos- vened 13 times to avert the cuts since 2003. covered by Social Security, so, unlike FERS pitals have not been able to meet the estab- The SGR currently calls for a 27.4 percent employees, they are not subject to the 6.2 lished criteria. across-the-board rate cut for physicians to percent Social Security contribution. Under Section 508 of the Medicare Modernization take effect on March 1, 2012. both FERS and CSRS, employee contribu- Act of 2003 (MMA) directed the Centers for House bill tions and benefits for special occupational Medicare and Medicaid Services (CMS) to de- Section 2201 replaced the 27.4 percent cut groups and Members of Congress are higher. velop new criteria that would allow addi- with a 1 percent rate increase in 2012 and an- Separate but comparable retirement systems tional hospitals to qualify for a one-time, other 1 percent increase in 2013. This section exist for Foreign Service and CIA employees. three-year reclassification. also required reports from the: Medicare House bill According to CMS, there were 89 hospitals Payment Advisory Commission (MedPAC) on receiving Section 508 reclassification pay- aligning private sector initiatives to reward Pay Freeze: The House bill would extend ments in FY 2011. quality, efficiency, and practice improve- the current freeze on across-the-board statu- ments with Medicare performance-based ini- tory pay adjustments for federal civilian em- House bill tiatives; Government Accountability Office ployees and Members of Congress through No provision. (GAO) on examining private sector initia- December 31, 2013. Senate bill tives that base or adjust physician payments Federal Employee Pensions: The House bill Section 302 extended the Section 508 reclas- would increase the employee contribution for quality, efficiency, or care delivery im- sification payments for two months (October provement; and Secretary of HHS on options for both CSRS and FERS employees by 0.5 and November 2011). percentage points each year for three years, for bundling payments for common physician beginning in 2013. Corresponding changes Conference substitute services. It also required the committees of would be made to the Foreign Service, CIA, Section 3001 extends Section 508 reclassi- jurisdiction to provide information to Con- and TVA retirement systems. The House bill fication payments through March 31, 2012. gress to assist in the development of a long- term replacement to the current Medicare would establish new retirement rules for fed- Extension of Outpatient Hold Harmless Pay- physician payment system. eral employees hired after December 31, 2012, ments Senate bill with less than 5 years of service. Their con- Current law tribution to FERS would increase by 3.2 per- Section 301 froze physician payment rates In 2000, Medicare implemented a PPS for centage points. The FERS pension formula at their 2011 level for two months (January hospital outpatient services; prior to this salary base for new employees would change and February 2012). time hospitals received cost-based payments. to the highest-five years’ average salary in- For certain hospitals, primarily those lo- Conference substitute stead of highest three years. The FERS pen- cated in rural areas, the outpatient PPS pay- Section 3003 freezes physician payment sion formula multiplier for most new em- ments were lower than the payments they rates at their current levels until December ployees would be reduced to 0.7 percent per had received under the prior cost-based sys- 31, 2012, averting a 27.4 percent reduction. year of service, instead of 1 percent (or 1.1 tem. The Balanced Budget Refinement Act of The provision also requires reports from the percent for those retiring at age 62 with 20 or 1999 (BBRA) mandated that rural hospitals Secretary of HHS, due January 1, 2013, that more years of service). Employees in special with fewer than 100 beds receive 100% of the examines bundled or episode-based payments occupational groups are subject to a propor- difference between OPPS payments and what to cover physicians’ services for one or more tional adjustment to the multiplier (0.3 per- these hospitals would have received under prevalent chronic conditions or major proce- centage points lower than current law). Fi- the cost-based system (thus the name ‘‘hold dures. It also requires a GAO report, due nally, the House bill would eliminate the harmless’’ payments). Over time, Congress January 1, 2013, that examines private sector FERS Annuity Supplement for individuals has lowered the payment percentage (it cur- initiatives that base or adjust physician pay- not subject to mandatory retirement, begin- rently is 85%) and has expanded the policy to ment rates for quality, efficiency, and care ning January 1, 2013. Individuals subject to sole community hospitals (SCHs), hospitals delivery improvement, such as adherence to mandatory retirement include certain cat- that are further than 35 miles from another evidence-based guidelines. egories of employees such as law enforce- hospital. Work Geographic Adjustment ment, fire fighters, air traffic controllers, and nuclear materials couriers. House bill Current law Senate bill No provision. Medicare payment for each physician serv- Senate bill ice is made up of three components: 1) physi- No Provision. cian work (the time, skill and intensity for a Section 308 extended the hold harmless Conference substitute physician to provide a service), 2) practice payment to all eligible hospitals for two Pay Freeze: No provision. expense (associated overhead costs), and 3) months (January and February 2012). Federal Employee Pension: The Conference physician liability insurance. Each of these Agreement would increase by 2.3 percent the Conference substitute components is adjusted based on the relative employee pension contribution for federal Section 3002 extends the outpatient hold costs associated with the geographic area in employees entering service after December harmless payments through December 31, which the physician practices. Medicare 31, 2012, who have less than 5 years of cred- 2012, except for SCHs with more than 100 makes these adjustments, known as Geo- itable civilian service. Corresponding in- beds. The provision requires a study by the graphic Practice Cost Indices (GPCIs), in creases in employee contributions would be Department of Health and Human Services each of its designated 89 geographic areas.

VerDate Mar 15 2010 06:47 Feb 17, 2012 Jkt 019060 PO 00000 Frm 00068 Fmt 4634 Sfmt 0634 E:\CR\FM\A16FE7.024 H16FEPT1 jbell on DSK7SPTVN1PROD with HOUSE February 16, 2012 CONGRESSIONAL RECORD — HOUSE H873 The national average work adjustment is set how to reform the payment system so that tinue to be considered rural so that air am- at a value of 1.0. Thus, geographic areas with the benefit is better designed to reflect indi- bulances could continue to receive the rural an adjustment value greater than 1.0 receive vidual acuity, condition, and therapy needs add-on. higher work payments than the areas with of the patient. GAO was required to submit a House bill an adjustment below that threshold. Current study to the committees of jurisdiction, ex- Section 2202 extended the payment add-ons law maintains a work adjustment floor—set amining CMS implementation of the manual for ground ambulance services until Decem- at the national average value of 1.0—that in- review process. ber 31, 2012. creases work payments to physicians in the Senate bill Additionally, the House bill required GAO areas that have a value below the national Section 304 extended the exceptions proc- to update their 2007 report detailing current average. This floor increases payments in 54 ess for Medicare outpatient therapy caps for ambulance costs. The House bill also re- of 89 geographic areas. The MMA established two months (January and February 2012). quired MedPAC to submit a report on the ap- this policy starting in 2004 and Congress sub- propriateness of the ambulance fee schedule sequently extended it five times. Conference substitute and whether there is a need to reform the House bill Section 3005 extends the therapy caps exceptions process through December 31, 2012. ambulance fee schedule. Section 2204 extended the work GPCI floor Starting with services provided on or after Senate bill through December 31, 2012 and required that October 1, 2012, the Secretary is required to Section 306 extended the add-ons for MedPAC submit a report by June 1, 2012 that ensure that appropriate modifiers and NPIs ground ambulance services and continued assesses whether any work geographic ad- are on the Medicare claims and implement a the rural designation for certain air ambu- justment is needed, if so, at what level it manual medical review process for bene- lance services for two months (January and should be applied, and the impact of the floor ficiaries whose annual spending for therapy February 2012). on beneficiary access to care. services furnished in calendar year 2012 Conference substitute Senate bill reaches $3,700 in PT and SLP, or $3,700 in OT. Section 303 extended the 1.0 GPCI floor for The spending caps are temporarily expanded Section 3007 extends payment add-ons for two months (January and February 2012). (through December 31, 2012) to include spend- ground ambulance services and continued the rural designation for certain air ambu- Conference substitute ing for therapy services provided in hospital outpatient departments. The conference lance services until December 31, 2012. This Section 3004 extends the 1.0 work GPCI provision requires GAO to update its 2007 re- floor through December 31, 2012. It also re- agreement also requires the Secretary to collect detailed data to assist in refining the port by October 1, 2012, to reflect current quires MedPAC to report by June 15, 2013, as- costs for ambulance providers and requires sessing whether any work geographic adjust- therapy payment system and also requires reports from GAO and MedPAC. MedPAC to submit a report by June 15, 2013, ment is needed and, if so, at what level it on the appropriateness of the ambulance should be applied, and the impact of the floor Payment for Technical Component of Cer- add-on payments and whether there is a need on beneficiary access to care. tain Physician Pathology Services to reform the ambulance fee schedule. Current law Payment for Outpatient Therapy Services Qualifying Individual Program Medicare pays for the preparation of pa- Current law Current law thology lab samples (the ‘‘technical compo- The BBA imposed two annual per bene- nent’’) as well as the physician interpreta- The Qualifying Individual (QI) program is a ficiary payment limits for all outpatient tion and diagnosis associated with those Medicare savings program for certain low-in- therapy services delivered by non-hospital samples (‘‘professional component’’). Prior come Medicare beneficiaries, who are fully providers. For 2012, the annual limit on the to 1999, independent labs that performed the eligible for Medicare and receive Medicaid allowed amount for outpatient physical ther- technical component (TC) of pathology lab assistance with their Medicare Part B pre- apy (PT) and speech-language pathology services for hospitals could bill Medicare di- miums. Unlike full benefit dually-eligible (SLP) combined is $1,880. There is a separate rectly for the TC payment. In 1999, CMS im- beneficiaries who are fully eligible for both $1,880 limit for occupational therapy (OT). plemented a new rule that prohibited inde- Medicare and Medicaid (known as qualified Enforcement of the caps has been blocked by pendent laboratories from billing for these Medicare beneficiaries (QMBs), or those with legislation every year since 2000, with the ex- services, with the rationale that Medicare incomes below 100 percent of poverty) and ception of three months in 2003. The Deficit payment was already included in the bundled specified low-income Medicare beneficiaries Reduction Act of 2006 (DRA) required the payment to the hospital. Hospitals that had (SLMBs, or those with incomes between 100 HHS Secretary to implement an exceptions in-house labs were unaffected. Hospitals that and 120 percent of poverty), QI is a block process in 2006 for cases in which the provi- had been utilizing independent labs as of grant to states that must be reauthorized sion of additional therapy services above the July 22, 1999, however, were ‘‘grandfathered’’ each year. Enrollment in QI is limited by cap was determined to be medically nec- in the Benefits Improvement and Protection federal appropriations, and applications are essary. Congress has extended this excep- Act (BIPA) of 2000, allowing them to con- approved on a first-come, first-served basis. tions process several times. tinue billing Medicare directly. QI beneficiaries must have incomes between House bill 120 and 135 percent of poverty ($13,404 to House bill Section 2203 extended the exceptions proc- $15,079 for an individual in 2012). No provision. ess through December 31, 2013, and made spe- House bill Senate bill cific refinements to the exceptions process Section 2211 extended the QI program to ensure that medical necessity is docu- Section 305 extended the TC grandfather through December 31, 2012. mented and appropriately reviewed. Specifi- policy for two months (January and Feb- Senate bill cally, the HHS Secretary was required to en- ruary 2012). sure, through claims processing edits, that Conference substitute Section 310 extended the QI program for two months (January and February 2012). appropriate modifiers are on the claims indi- Section 3006 extends the TC grandfather cating that the responsible providers have policy until June 30, 2012. Conference substitute documented medical necessity for services Ambulance Add-On Payments Section 3101 extended the QI program paid above the therapy cap threshold. In ad- through December 31, 2012. dition, all Medicare claims for therapy serv- Current law Transitional Medical Assistance ices were required to include the national In 2002, a fee schedule was established for provider identifier (NPI) for the physician or ground and air ambulance services; it was Current law practitioner (not the therapist rendering fully implemented in 2006. Currently, all Congress expanded the Transitional Med- services) who periodically reviews the ther- ground ambulance services receive some ical Assistance (TMA) program in 1988 as apy plan of care. The spending cap was per- type of add-on: 2 percent for urban ground part of welfare-to-work programs, requiring manently expanded to include spending for ambulance trips, 3 percent for rural ground states to provide TMA to families who lose therapy services provided in hospital out- ambulance trips, and 22.6 percent for ground Medicaid eligibility for work-related reasons patient departments. Starting on July 1, ambulance trips that originate in ‘‘super for at least six, and up to twelve, months. 2012, when a beneficiary’s annual spending rural’’ areas (those in the lowest quartile in During the first six months of TMA, states for therapy services furnished in calendar terms of population density). must provide the same benefits the family year 2012 reaches $3,700 in PT and SLP, or Under the air ambulance fee schedule, was receiving or pay for costs of similar em- $3,700 in OT, any additional services would be rural providers receive a 50% add-on. In 2006, ployer-based coverage. The second six subject to a manual medical review process. the Office of Management and Budget (OMB) months of TMA is available for families who By January 1, 2013, the Secretary was re- changed the designation of a number of areas continue to have a dependent child at home, quired to collect detailed data on therapy pa- from rural to urban, based on updated Cen- meet reporting requirements, and have aver- tient conditions and outcomes that could as- sus data, which would have ended the rural age gross monthly earnings below 185% of sist in reforming the current therapy pay- add-on for air ambulances originating in the poverty. ment system. In addition, MedPAC was re- affected areas. The Medicare Improvements Congress created an additional work-required to submit a report to the committees for Patients and Providers Act of 2008 lated TMA option in the American Recovery of jurisdiction, making recommendations on (MIPPA) allowed these affected areas to con- and Reinvestment Act of 2009 (ARRA). Under

VerDate Mar 15 2010 06:47 Feb 17, 2012 Jkt 019060 PO 00000 Frm 00069 Fmt 4634 Sfmt 0634 E:\CR\FM\A16FE7.025 H16FEPT1 jbell on DSK7SPTVN1PROD with HOUSE H874 CONGRESSIONAL RECORD — HOUSE February 16, 2012 the ARRA option, states may choose to pro- rate or the physician fee schedule. Addition- Senate bill vide work-related TMA for a full twelve- ally, CMS implemented a new methodology No provision. month period rather than two six-month pe- for determining resource-based practice ex- Conference substitute riods. These changes were informed by GAO pense payments for all services contributed work that found the reporting requirements to the reduction in the technical component Section 3202 resets clinical lab base pay- to be a substantial paperwork barrier that reimbursement. The ACA set DXA payments ment rates by 2 percent in 2013. caused significant numbers of eligible fami- at 70 percent of the 2006 reimbursement rates Rebasing State DSH Allotments for Fiscal lies to lose coverage to which they were enti- for these services in 2010 and 2011. Year 2021 tled. Thirteen states have taken up the House bill Current law ARRA option: Alaska, Colorado, Con- No provision. Medicaid Disproportionate Share Hospital necticut, Florida, Idaho, Maryland, Mon- Senate bill (DSH) payments provide additional funding tana, New Mexico, New York, Ohio, Oregon, to hospitals that serve a disproportionate South Dakota, and Wisconsin. Section 309 extended the 70 percent of the 2006 payment rate for two months (January number of low-income patients. States re- House bill and February 2012). ceive an annual DSH allotment to cover the costs of DSH hospitals that provide care to Section 2212 extended TMA, through De- Conference substitute cember 31, 2012. In addition, this provision low-income, uninsured patients. This annual contained new income reporting require- No provision. allotment is calculated by law and includes ments for any month of TMA coverage and Extension of Physician Fee Schedule Mental requirements to ensure that the DSH pay- limited TMA to only those individuals with Health Add-on Payment ments to individual hospitals are not higher incomes below 185 percent of poverty. Current law than actual uncompensated care costs. Each Senate bill Medicare pays for mental health services state’s federal allotment is capped based on under the physician fee schedule. MIPPA in- either the prior year’s allotment plus infla- Section 311 extended TMA for two months tion or twelve percent of the state’s total (January and February 2012). creased the fee schedule amount for certain mental health service by 5 percent beginning Medicaid benefits payments for the year. Conference substitute on July 1, 2008. Subsequent legislation ex- Once a state receives its federal allotment, Section 3102 provides for an extension of tended this add-on. the state has discretion to distribute the TMA through December 31, 2012. House bill funding to hospitals, as long as the state’s methodology is based on the Medicaid inpa- Modification to Requirements for Qualifying No provision. for Exception to Medicare Prohibition on tient utilization rate (exceeding one stand- Senate bill Certain Physician Referrals for Hospitals ard deviation above the mean for all hos- Section 307 extended the 5 percent pay- pitals in the state) or a low-income utiliza- Current law ment add-on for two months (January and tion rate exceeding 25 percent. Physicians are generally prohibited from February 2012). The ACA reduced DSH payments between referring Medicare patients to a health care Conference substitute 2014 and 2020, based on a formula that the facility in which they, or an immediate fam- No provision. Secretary of HHS will develop through fu- ily member, have a financial stake. However, ture regulation. Reduction of Bad Debt Treated as an Allow- physician-owned hospitals have operated House bill under an exception to anti-trust laws, known able Cost as the ‘‘whole hospital exception.’’ Current law Section 2225 would rebase the DSH allot- The Affordable Care Act (ACA) amended Medicare reimburses providers for bene- ments for FY2021 and determine future allot- the ‘‘whole hospital exception’’ by requiring ficiaries’ unpaid coinsurance and deductible ments from the rebased level using current that all hospitals with physician-ownership amounts after reasonable collection efforts. law methodology. have a Medicare provider number by Decem- Medicare currently reimburses 70 percent of Senate bill ber 31, 2010. Any hospital without a Medicare beneficiary bad debts in acute care hospitals. No provision. provider number is not permitted to bill Medicare reimburses skilled nursing facili- Conference substitute Medicare for services provided to bene- ties 100 percent of the allowable bad debt Section 3203 extends the ACA Medicaid ficiaries under the ‘‘whole hospital excep- costs for Medicare beneficiaries who are eli- DSH payment reductions in 2021. tion.’’ Grandfathered physician-owned hos- gible for Medicaid (dual eligibles) and 70 per- pitals, those with Medicare provider numbers cent of the allowable costs for all other bene- Technical Correction to the Disaster Recov- by December 31, 2010, may continue to oper- ficiaries. Medicare reimburses 100 percent of ery FMAP Provision ate. However, they may not alter the propor- allowable bad debt in critical access hos- Current law tion of physician-ownership in the hospital. pitals, rural health clinics, federally quali- The ACA included a provision known as Under current law, a grandfathered hospital fied health clinics, community mental the ‘disaster-recovery FMAP’ designed to may apply to expand the number of oper- health clinics, health maintenance organiza- help states adjust to drastic changes in ating rooms, procedure rooms and/or beds if tions reimbursed on a cost basis, competitive FMAP following a statewide disaster. Once it meets five criteria. medical plans, and health care prepayment triggered, the policy would provide assist- House bill plans. Medicare also reimburses end stage ance for as many as seven years following Section 2213 allowed physician-owned hos- renal disease facilities 100 percent of allow- the disaster, as long as the state continued pitals that were under construction but able bad debt claims, with such payments to experience an FMAP drop of more than without a Medicare provider number on De- capped at the facilities’ unrecovered costs. three percentage points. cember 31, 2010, to open and operate under House bill During the first year, a state would receive the ‘‘whole hospital exception.’’ The provi- Section 2224 gradually reduced the bad an FMAP increase equal to 50 percent of the sion would also allow a grandfathered hos- debt reimbursement, beginning in 2013 and difference between the regular FMAP and pital the ability to utilize the existing ex- over a period of three years, for all providers the artificially lower FMAP. In the second pansion process if it certifies that it does not to 55 percent. and succeeding years, the FMAP increase discriminate against beneficiaries in federal Senate bill would be 25 percent of the difference between health care programs. the regular FMAP and the adjusted FMAP No provision. from the previous year. However, there is an Senate bill Conference substitute error in the statute for the second and suc- No provision. Section 3201 will reduce bad debt reim- ceeding years. Instead of creating a glide Conference substitute bursement for all providers to 65 percent. path downward, so that the affected state No provision. Providers paid at 100 percent would have a could adjust to its new, lower FMAP, the 25 three-year transition of 88 percent in 2013, 76 percent bump is added to the higher, ad- Extending Minimum Payment for Bone Mass percent in 2014, and 65 percent in 2015. Pro- justed FMAP of the previous year rather Measurement viders paid at 70 percent would be reduced to than the lower, base FMAP. This results in Current law 65 percent in 2013. increasing FMAPs for each year of the dis- Dual energy X-ray absorptiometry (DXA) Rebase Medicare Clinical Laboratory Pay- aster-recovery period, compounding over machines are used to measure bone mass to ment Rates time. It also makes it easier for the state to identify individuals who may have or be at Current law continue to qualify each year because it is risk of having osteoporosis. For those indi- easier for there to be a three percentage Medicare pays for clinical laboratory serv- viduals who are eligible, Medicare will pay point difference between the artificially high ices under carrier-specific fee schedules sub- for a bone density study once every two FMAP and the base FMAP. ject to national payment limits. Most lab years, or more frequently if the procedure is House bill determined to be medically necessary. The services receive payment at the national No provision. DRA capped reimbursement of the technical limit amount. component for x-ray and imaging services as House bill Senate bill the lesser rate of the hospital outpatient No provision. No provision.

VerDate Mar 15 2010 06:47 Feb 17, 2012 Jkt 019060 PO 00000 Frm 00070 Fmt 4634 Sfmt 0634 E:\CR\FM\A16FE7.026 H16FEPT1 jbell on DSK7SPTVN1PROD with HOUSE February 16, 2012 CONGRESSIONAL RECORD — HOUSE H875 Conference substitute olds beyond 2019, until 25 percent of all bene- Act of 2010,9 for 2011, the OASDI rate for the Section 3204 would address the error by in- ficiaries are paying higher income pre- employee portion of the FICA tax, and the stituting a lower FMAP in the second and miums. equivalent employee portion of the RRTA subsequent years. Senate bill tax, is reduced by two percentage points to Prevention and Public Health Fund No provision. 4.2 percent. Similarly, for taxable years be- Conference substitute ginning in 2011, the OASDI rate for a self-em- Current law ployed individual is reduced by two percent- No provision. The ACA established a Prevention and age points to 10.4 percent. Public Health Trust Fund to help shift the TAX PROVISIONS Special rules coordinate the SECA tax rate focus of the health care system to prevention A. Extension of Payroll Tax Reduction (sec. reduction with a self-employed individual’s rather than treatment. The fund provides in- 2001 of the House bill, sec. 101 of the Senate deduction in determining net earnings from creasing mandatory direct spending from amendment, and sec. 1001 of the conference self-employment under the SECA tax and the $500 million in 2010 to $2 billion in 2015 and agreement) income tax deduction for one-half of the each year thereafter. PRESENT LAW SECA tax. The rate reduction is not taken House bill Federal Insurance Contributions Act (‘‘FICA’’) into account in determining the SECA tax Section 2222 reduced trust fund dollars be- tax deduction allowed for determining the ginning in FY2013, saving $8 billion. The FICA tax applies to employers based amount of the net earnings from self-em- Senate bill on the amount of covered wages paid to an ployment for the taxable year. The income employee during the year.1 Generally, cov- tax deduction allowed for the SECA tax for No provision. ered wages means all remuneration for em- taxable years beginning in 2011 is 59.6 per- Conference substitute ployment, including the cash value of all recent of the OASDI portion of the SECA tax Section 3205 reduces trust fund dollars be- muneration paid in any medium other than imposed for the taxable year plus one-half of ginning in FY2013, saving $5 billion. cash.2 Certain exceptions from covered wages the HI portion of the SECA tax imposed for Parity in Medicare Payments for Hospital are also provided. The tax imposed is com- the taxable year.10 Outpatient Department Evaluation and posed of two parts: (1) the old age, survivors, The Federal Old-Age and Survivors Trust Management Services and disability insurance (‘‘OASDI’’) tax Fund, the Federal Disability Insurance Trust equal to 6.2 percent of covered wages up to Current law Fund and the Social Security Equivalent the taxable wage base ($106,800 for 2011 and Benefit Account established under the Rail- When a physician treats a beneficiary in a $110,100 for 2012); and (2) the Medicare hos- road Retirement Act of 1974 11 receive trans- hospital outpatient department, the physi- pital insurance (‘‘HI’’) tax amount equal to fers from the General Fund of the United cian’s services are reimbursed under Medi- 1.45 percent of covered wages. States Treasury equal to any reduction in care’s physician fee schedule and the hos- In addition to the tax on employers, each payroll taxes attributable to the rate reduc- pital receives a facility payment from Medi- employee is generally subject to FICA taxes tion for 2011. The amounts are transferred care under the outpatient prospective pay- equal to the amount of tax imposed on the from the General Fund at such times and in ment system (OPPS). Because of the facility employer (the ‘‘employee portion’’).3 The such a manner as to replicate to the extent payment, the total payment generally ex- employee portion of FICA taxes generally possible the transfers which would have oc- ceeds payments for the same services pro- must be withheld and remitted to the Fed- curred to the Trust Funds or Benefit Ac- vided in a physician office. eral government by the employer. count had the provision not been enacted. Self-Employment Contributions Act (‘‘SECA’’) House bill For purposes of applying any provision of Tax Section 2223 would reduce hospital facility Federal law other than the provisions of the fee payments for evaluation and manage- As a parallel to FICA taxes, the SECA tax Internal Revenue Code of 1986, the employee ment services provided in a hospital out- applies to the self-employment income of rate of OASDI tax is determined without re- 4 patient department so that payment for the self-employed individuals. The rate of the gard to the reduced rate for 2011. OASDI portion of SECA taxes is generally service in aggregate would not exceed the Under the Temporary Payroll Tax Cut 12.4 percent, which is equal to the combined amount under the Medicare physician fee Continuation Act of 2011,12 the reduced em- employee and employer OASDI FICA tax schedule beginning in 2012. These lower pay- ployee OASDI tax rate of 4.2 percent under rates, and applies to self-employment in- ments would not be considered in the review the FICA tax, and the equivalent employee come up to the FICA taxable wage base. of different components of Medicare’s OPPS portion of the RRTA tax, is extended to Similarly, the rate of the HI portion of SECA to ensure that annual adjustments are budg- apply to covered wages paid in the first two et neutral. tax is 2.9 percent, the same as the combined employer and employee HI rates under the months of 2012. A recapture applies for any Senate bill FICA tax, and there is no cap on the amount benefit a taxpayer may have received from No provision. of self-employment income to which the rate the reduction in the OASDI tax rate, and the Conference substitute applies.5 equivalent employee portion of the RRTA tax, for remuneration received during the No provision. An individual may deduct, in determining net earnings from self-employment under first two months of 2012 in excess of $18,350.13 Increase in Medicare Part B and Part D Pre- the SECA tax, the amount of the net earn- The recapture is accomplished by a tax equal miums for High-Income Beneficiaries ings from self-employment (determined to two percent of the amount of wages (and Current law without regard to this deduction) for the railroad compensation) received during the The MMA of 2003 established that high-in- taxable year multiplied by one half of the first two months of 2012 that exceed $18,350. come beneficiaries enrolled in Part B would combined OASDI and HI rates.6 The Secretary of the Treasury (or the Sec- pay a higher premium. The ACA expanded Additionally, a deduction, for purposes of retary’s delegate) is to prescribe regulations this provision to the Part D program. Cur- computing the income tax of an individual, or other guidance that is necessary and ap- rently, high-income beneficiaries are re- is allowed for one-half of the amount of the propriate to carry out this provision. quired to pay a greater share of the Medicare SECA tax imposed on the individual’s self- In addition, for taxable years beginning in Part B and Part D premiums (35 percent, 50 employment income for the taxable year.7 2012, the OASDI rate for a self-employed in- percent, 65 percent, or 80 percent) depending Railroad retirement tax dividual is reduced to 10.4 percent, for self- on their income. For 2012, the income thresh- Instead of FICA taxes, railroad employers employment income of up to $18,350 (reduced olds for those premium shares are $85,000, and employees are subject, under the Rail- by wages subject to the lower OASDI rate for $107,000, $160,000, and $214,000, respectively for road Retirement Tax Act (‘‘RRTA’’), to taxes 2012). Related rules for 2011 concerning co- single filers. For married couples, the cor- equivalent to the OASDI and HI taxes under ordination of a self-employed individual’s de- responding income thresholds are twice FICA.8 The employee portion of RRTA taxes ductions in determining net earnings from those values. Because of a provision in the generally must be withheld and remitted to ACA, the income thresholds for both Medi- the Federal government by the employer. 9 Pub. L. No. 111–312. care Part B and Part D are frozen through Temporary reduced OASDI rates 10 This percentage replaces the rate of one half (50 2019. Under the Tax Relief, Unemployment In- percent) otherwise allowed for this portion of the de- House bill surance Reauthorization, and Job Creation duction. The percentage is necessary to allow the self-employed individual to deduct the full amount Sections 5601 and 5602 would increase the of the employer portion of SECA taxes. The em- applicable premium percentage higher in- 1 Sec. 3111. ployer OASDI tax rate remains at 6.2 percent, while come beneficiaries would pay by 15 percent 2 Sec. 3121(a). the employee portion falls to 4.2 percent. Thus, the such that the levels would become 40.25 per- 3 Sec. 3101. For taxable years beginning after 2012, employer share of total OASDI taxes is 6.2 divided cent, 57.5 percent, 74.75 percent, and 90 per- an additional HI tax applies to certain employees. by 10.4, or 59.6 percent of the OASDI portion of 4 cent in 2017. This provision would also reduce Sec. 1401. SECA taxes. 5 For taxable years beginning after 2012, an addi- 11 45 U.S.C. 231n–1(a). the income thresholds in 2017, to $80,000, tional HI tax applies to certain self-employed indi- 12 Pub. L. No. 112–78, enacted after passage of H.R. $100,000, $150,000 and $200,000 for single filers viduals. 3630 by the House of Representatives and the Senate. (and twice those values for married couples) 6 Sec. 1402(a)(12). 13 $18,350 is 1/6 of the 2012 taxable wage base of and extend the freeze of the income thresh- 7 Sec. 164(f). $110,100.

VerDate Mar 15 2010 06:47 Feb 17, 2012 Jkt 019060 PO 00000 Frm 00071 Fmt 4634 Sfmt 0634 E:\CR\FM\A16FE7.028 H16FEPT1 jbell on DSK7SPTVN1PROD with HOUSE H876 CONGRESSIONAL RECORD — HOUSE February 16, 2012 self-employment and income tax also apply $18,350. For self-employment income in ex- (iii) payments due in July, August or Sep- for 2012, except that the income tax deduc- cess of this amount, the deduction is equal tember, 2015, are increased to 163.75 percent tion allowed for the OASDI portion of SECA to half of the OASDI portion of the SECA of the payment otherwise due; 22 tax imposed for taxable years beginning in tax. (iv) payments due in July, August, or Sep- 2012 is computed at the rate of 59.6 percent 14 The Senate amendment also contains rules tember 2016 are increased to 103.5 percent of of the OASDI portion of the SECA tax im- related to the OASDI rate reduction for 2011 the payment otherwise due; and 23 posed on self-employment income of up to concerning (1) transfers to the Federal Old- (v) payments due in July, August or Sep- $18,350. For self-employment income in ex- Age and Survivors Trust Fund, the Federal tember, 2019, are increased to 106.50 percent cess of this amount, the deduction is equal Disability Insurance Trust Fund and the So- of the payment otherwise due.24 to half of the OASDI portion of the SECA cial Security Equivalent Benefit Account es- HOUSE BILL tax. tablished under the Railroad Retirement Act The House bill reduces the applicable per- Rules related to the OASDI rate reduction of 1974, and (2) determining the employee centage for 2012 (100.5 percent), 2014 (174.25 for 2011 concerning (1) transfers to the Fed- rate of OASDI tax in applying provisions of percent), 2015 (163.75 percent), 2016 (103.5 per- eral Old-Age and Survivors Trust Fund, the Federal law other than the Code also apply cent), and 2019 (106.5 percent) to 100 percent. Federal Disability Insurance Trust Fund and for 2012. Thus corporations will make estimated tax the Social Security Equivalent Benefit Ac- Effective date.—The provision applies to re- payments in 2012, 2014, 2015, 2016, and 2019 as count established under the Railroad Retire- muneration received, and taxable years be- if the prior legislation had never been en- ment Act of 1974, and (2) determining the em- ginning, after December 31, 2011. acted or amended. ployee rate of OASDI tax in applying provi- CONFERENCE AGREEMENT Effective date.—The provision is effective sions of Federal law other than the Code also The conference agreement follows the on the date of enactment. apply for 2012. House bill, providing for a reduced employee SENATE PROVISION HOUSE BILL 15 OASDI tax rate of 4.2 percent under the FICA No provision. Under the House bill, the reduced employee tax, and the equivalent potion of the RRTA CONFERENCE AGREEMENT OASDI tax rate of 4.2 percent under the FICA tax, through 2012. Similarly, a reduced The conference agreement follows the tax, and the equivalent portion of the RRTA OASDI tax rate of 10.4 percent under the House bill, providing reductions in the appli- tax, is extended to apply for 2012. Similarly, SECA tax applies for taxable years beginning cable percentages for 2012 (100.5 percent), 2014 a reduced OASDI tax rate of 10.4 percent in 2012. (174.25 percent), 2015 (163.75 percent), 2016 under the SECA tax, is extended to apply for As in the House bill and Senate amend- (103.5 percent), and 2019 (106.5 percent) to 100 taxable years beginning in 2012. ment, related rules concerning (1) coordina- percent. Thus corporations will be required Related rules concerning (1) coordination tion of a self-employed individual’s deduc- to make estimated tax payments in 2012, of a self-employed individual’s deductions in tions in determining net earnings from self- 2014, 2015, 2016, and 2019 as if the prior legisla- determining net earnings from self-employ- employment and income tax, (2) transfers to tion had never been enacted or amended. ment and income tax, (2) transfers to the the Federal Old-Age and Survivors Trust C. Extension of 100 Percent Bonus Deprecia- Federal Old-Age and Survivors Trust Fund, Fund, the Federal Disability Insurance Trust tion (sec. 1201(a) of the House bill and secs. the Federal Disability Insurance Trust Fund Fund and the Social Security Equivalent 168(k)(5) and 460(c)(6) of the Code) and the Social Security Equivalent Benefit Benefit Account established under the Rail- PRESENT LAW Account established under the Railroad Re- road Retirement Act of 1974, and (3) deter- tirement Act of 1974, and (3) determining the mining the employee rate of OASDI tax in An additional first-year depreciation de- employee rate of OASDI tax in applying pro- applying provisions of Federal law other duction is allowed equal to 50 percent of the visions of Federal law other than the Code than the Code also apply for 2012. adjusted basis of qualified property placed in also apply for 2012. The conference agreement repeals the service between January 1, 2008 and Sep- Effective date.—The provision applies to represent-law recapture provision applicable to tember 8, 2010 or between January 1, 2012 and muneration received, and taxable years be- a taxpayer who receives the reduced OASDI January 1, 2013 (January 1, 2014 for certain 25 ginning, after December 31, 2011. rate with respect to more than $18,350 of longer-lived and transportation property). An additional first-year depreciation deduc- SENATE AMENDMENT 16 wages (or railroad compensation) received during the first two months of 2012, and re- tion is allowed equal to 100 percent of the ad- Under the Senate amendment, the reduced justed basis of qualified property if it meets employee OASDI tax rate of 4.2 percent moves the $18,350 limitation on self-employment income subject to the lower rate for the requirements for the additional first- under the FICA tax, and the equivalent em- year depreciation and also meets the fol- ployee portion of the RRTA tax, applies to taxable years beginning in 2012. Effective date.—The provision applies to re- lowing requirements. First, the taxpayer covered wages paid up to $18,350 in the first must acquire the property after September 8, two months of 2012.17 muneration received, and taxable years beginning, after December 31, 2011. 2010 and before January 1, 2012. Second, the In addition, for taxable years beginning in taxpayer must place the property in service 2012, the Senate amendment provides that B. Repeal of Certain Shifts in the Timing of after September 8, 2010 and before January 1, the OASDI rate for a self-employed indi- Corporate Estimated Tax Payments (sec. 2012 (before January 1, 2013 in the case of cer- vidual is reduced to 10.4 percent, for self-em- 6001 of the House bill and sec. 7001 of the tain longer-lived and transportation prop- ployment income of up to $18,350 (reduced by conference agreement) erty). Third, the original use of the property wages subject to the lower OASDI rate for PRESENT LAW must commence with the taxpayer after Sep- 2012). Related rules for 2011 concerning co- In general, corporations are required to tember 8, 2010.26 ordination of a self-employed individual’s de- make quarterly estimated tax payments of ductions in determining net earnings from their income tax liability.19 For a corporate self-employment and income tax also apply 18; Joint resolution approving the renewal of import whose taxable year is a calendar year, these restrictions contained in the Burmese Freedom and for 2012, except that the income tax deduc- estimated payments must be made by April Democracy Act of 2003, and for other purposes, Pub. tion allowed for the OASDI portion of SECA 15, June 15, September 15, and December 15. L. No. 111–42, sec. 202(b)(1). tax imposed for taxable years beginning in In the case of a corporation with assets of at 22 Omnibus Trade Act of 2010, Pub. L. No. 111–344, 2012 is computed at the rate of 59.6 percent 18 least $1 billion (determined as of the end of sec. 10002; Small Business Jobs Act of 2010, Pub. L. No. 111–240, sec. 2131; Firearms Excise Tax Improve- of the OASDI portion of the SECA tax im- the preceding taxable year): posed on self-employment income of up to ments Act of 2010, Pub. L. No. 111–237, sec. 4(a); (i) payments due in July, August or Sep- United States Manufacturing Enhancement Act of tember, 2012, are increased to 100.5 percent of 2010, Pub. L. No. 111–227, sec. 4002; Joint resolution 14 This percentage used with respect to the first the payment otherwise due; 20 approving the renewal of import restrictions con- $18,350 of self-employment income is necessary to (ii) payments due in July, August, or Sep- tained in the Burmese Freedom and Democracy Act continue to allow the self-employed taxpayer to de- tember, 2014, are increased to 174.25 percent of 2003, and for other purposes, No. 111–210, sec. 3; duct the full amount of the employer portion of of the payment otherwise due; 21 Haiti Economic Lift Program of 2010, Pub. L. No. SECA taxes. The employer OASDI tax rate remains 111–171, sec. 12(b); Hiring Incentives to Restore Em- at 6.2 percent, while the employee portion falls to a ployment Act, Pub. L. No. 111–147, sec. 561(2). 4.2 percent rate for the first $18,350 of self-employ- 19 Sec. 6655. 23 United States-Korea Free Trade Agreement Im- ment income. Thus, the employer share of total 20 United States-Korea Free Trade Agreement Im- plementation Act, Pub. L. No. 112–41, sec 505; United OASDI taxes is 6.2 divided by 10.4, or 59.6 percent of plementation Act, Pub. L. No. 112–41, sec 505, and States-Columbia Trade Promotion Agreement Im- the OASDI portion of SECA taxes, for the first United States-Panama Trade Promotion Agreement plementation Act, Pub. L. No. 112–42, sec 603; and $18,350 of self-employment income. Implementation Act of 2011, Pub. L. No. 112–43, sec United States-Panama Trade Promotion Agreement 15 The House bill passed prior to the enactment of 502. Implementation Act, Pub. L. No. 112–43, sec 502. the ‘‘Temporary Payroll Tax Cut Continuation Act 21 Haiti Economic Lift Program of 2010, Pub. L. No. 24 Hiring Incentives to Restore Employment Act, of 2011’’, Pub. L. No. 112–78, described above. 111–171, sec. 12(a); Health Care and Education Rec- Pub. L. No. 111–147, sec. 561(3). 16 The Senate amendment passed prior to the en- onciliation Act of 2010, Pub. L. No. 111–152, sec. 1410; 25 Sec. 168(k). The additional first-year deprecia- actment of the ‘‘Temporary Payroll Tax Cut Con- Hiring Incentives to Restore Employment Act, Pub. tion deduction is subject to the general rules regard- tinuation Act of 2011’’, Pub. L. No. 112–78, described L. No. 111–147, sec. 561 (1); Act to extend the General- ing whether an item must be capitalized under sec- above. ized System of Preferences and the Andean Trade tion 263 or section 263A. 17 $18,350 is 1⁄6 of the 2012 taxable wage base of Preference Act, and for other purposes, Pub. L. No. 26 See Rev. Proc. 2011–26, 2011–16 I.R.B. 664 (Apr. 18, $110,100. 111–124, sec. 4; Worker, Homeownership, and Busi- 2011) for guidance regarding additional first-year de- 18 See footnote 14. ness Assistance Act of 2009, Pub. L. No. 111–92, sec. preciation.

VerDate Mar 15 2010 05:05 Feb 17, 2012 Jkt 019060 PO 00000 Frm 00072 Fmt 4634 Sfmt 0634 E:\CR\FM\A16FE7.029 H16FEPT1 jbell on DSK7SPTVN1PROD with HOUSE February 16, 2012 CONGRESSIONAL RECORD — HOUSE H877 The additional first-year depreciation de- years or longer and certain transportation is determined under the percentage-of-com- duction is allowed for both regular tax and property.31 Transportation property gen- pletion method. Solely for purposes of deter- alternative minimum tax purposes, but is erally is defined as tangible personal prop- mining the percentage of completion under not allowed for purposes of computing earn- erty used in the trade or business of trans- section 460(b)(1)(A), the cost of qualified ings and profits. The basis of the property porting persons or property.32 property with a MACRS recovery period of and the depreciation allowances in the year To qualify, property must be acquired (1) seven years or less is taken into account as of purchase and later years are appropriately after December 31, 2007, and before January a cost allocated to the contract as if bonus adjusted to reflect the additional first-year 1, 2013, but only if no binding written con- depreciation had not been enacted for prop- depreciation deduction. In addition, there tract for the acquisition is in effect before erty placed in service after December 31, 2009 are no adjustments to the allowable amount January 1, 2008, or (2) pursuant to a binding and before January 1, 2011 (January 1, 2012, of depreciation for purposes of computing a written contract which was entered into for certain longer-lived and transportation taxpayer’s alternative minimum taxable in- after December 31, 2007, and before January property). Bonus depreciation is taken into come with respect to property to which the 1, 2013.33 With respect to property that is account in determining taxable income provision applies. The amount of the addi- manufactured, constructed, or produced by under the percentage-of-completion method tional first-year depreciation deduction is the taxpayer for use by the taxpayer, the for property placed in service after December not affected by a short taxable year. The taxpayer must begin the manufacture, con- 31, 2010. taxpayer may elect out of additional first- struction, or production of the property after HOUSE BILL year depreciation for any class of property December 31, 2007, and before January 1, 2013. The House bill increases the additional for any taxable year. Property that is manufactured, constructed, first-year depreciation deduction from 50 The interaction of the additional first-year or produced for the taxpayer by another per- percent to 100 percent of the adjusted basis depreciation allowance with the otherwise son under a contract that is entered into of qualified property placed in service after applicable depreciation allowance may be il- prior to the manufacture, construction, or December 31, 2011, and before January 1, 2013 lustrated as follows. Assume that in 2009, a production of the property is considered to (January 1, 2014, for certain longer-lived and taxpayer purchased new depreciable property be manufactured, constructed, or produced 27 transportation property). and placed it in service. The property’s cost by the taxpayer. For property eligible for the The provision provides that solely for pur- is $1,000, and it is five-year property subject extended placed-in-service date, a special poses of determining the percentage of com- to the half-year convention. The amount of rule limits the amount of costs eligible for pletion under section 460(b)(1)(A), the cost of additional first-year depreciation allowed is the additional first-year depreciation. With qualified property with a MACRS recovery $500. The remaining $500 of the cost of the respect to such property, only the portion of period of seven years or less which is placed property is depreciable under the rules appli- the basis that is properly attributable to the in service after December 31, 2011, and before cable to five-year property. Thus, 20 percent, costs incurred before January 1, 2013 January 1, 2013 (January 1, 2014, for certain or $100, is also allowed as a depreciation de- (‘‘progress expenditures’’) is eligible for the longer-lived and transportation property) is duction in 2009. The total depreciation de- additional first-year depreciation deduc- taken into account as a cost allocated to the duction with respect to the property for 2009 tion.34 contract as if bonus depreciation had not is $600. The remaining $400 adjusted basis of Property does not qualify for the addi- been enacted. the property generally is recovered through tional first-year depreciation deduction Effective date.—The provision applies to otherwise applicable depreciation rules. when the user of such property (or a related property placed in service after December 31, Property qualifying for the additional party) would not have been eligible for the 2011. first-year depreciation deduction must meet additional first-year depreciation deduction all of the following requirements. First, the if the user (or a related party) were treated SENATE AMENDMENT property must be (1) property to which as the owner. For example, if a taxpayer No provision. MACRS applies with an applicable recovery sells to a related party property that was CONFERENCE AGREEMENT period of 20 years or less; (2) water utility under construction prior to January 1, 2008, The conference agreement does not include property (as defined in section 168(e)(5)); (3) the property does not qualify for the addi- the provision from the House bill. computer software other than computer soft- tional first-year depreciation deduction. D. Expansion of Election to Accelerate AMT ware covered by section 197; or (4) qualified Similarly, if a taxpayer sells to a related Credits in Lieu of Bonus Depreciation (sec. leasehold improvement property (as defined party property that was subject to a binding 1201(b) of the House bill and sec. 168(k)(4) of 28 Second, the original in section 168(k)(3)). written contract prior to January 1, 2008, the the Code) use 29 of the property must commence with property does not qualify for the additional PRESENT LAW the taxpayer after December 31, 2007.30 Third, first-year depreciation deduction. As a fur- the taxpayer must acquire the property ther example, if a taxpayer (the lessee) sells A corporation may elect to claim addi- within the applicable time period (as de- property in a sale-leaseback arrangement, tional alternative minimum tax (‘‘AMT’’) scribed below). Finally, the property must be and the property otherwise would not have credits in lieu of claiming additional first placed in service before January 1, 2013. An qualified for the additional first-year depre- year depreciation (‘‘bonus depreciation’’) on extension of the placed-in-service date of one ciation deduction if it were owned by the eligible qualified property 35 placed in service year (i.e., January 1, 2014) is provided for cer- taxpayer-lessee, then the lessor is not enti- after December 31, 2010, and before January tain property with a recovery period of 10 tled to the additional first-year depreciation 1, 2013 (January 1, 2014, in the case of certain deduction. longer-lived property and transportation property).36 A corporation making the elec- 27 Assume that the cost of the property is not eligi- The limitation under section 280F on the ble for expensing under section 179. amount of depreciation deductions allowed tion (i) forgoes bonus depreciation for eligi- 28 The additional first-year depreciation deduction with respect to certain passenger auto- ble qualified property, (ii) uses the straight- is not available for any property that is required to mobiles is increased in the first year by line method of depreciation for eligible be depreciated under the alternative depreciation $8,000 for automobiles that qualify (and for qualified property, and (iii) increases the system of MACRS. The additional first-year depre- which the taxpayer does not elect out of the limitation on the allowance of AMT credit ciation deduction is also not available for qualified additional first-year deduction). The $8,000 by the bonus depreciation amount.37 The in- New York Liberty Zone leasehold improvement crease in the allowable AMT credit by reason property as defined in section 1400L(c)(2). increase is not indexed for inflation. 29 The term ‘‘original use’’ means the first use to Percentage-of-completion method of the election is treated as refundable. The bonus depreciation amount is 20 per- which the property is put, whether or not such use In general, in the case of a long-term con- cent of the difference between (i) the aggre- corresponds to the use of such property by the tax- tract, the taxable income from the contract payer. If in the normal course of its business a tax- gate amount of depreciation for all eligible payer sells fractional interests in property to unre- qualified property placed in service by the lated third parties, then the original use of such 31 Property qualifying for the extended placed-incorporation that would be allowed if bonus property begins with the first user of each fractional service date must have an estimated production pe- depreciation applied using the most acceler- interest (i.e., each fractional owner is considered the riod exceeding one year and a cost exceeding $1 mil- ated depreciation method (determined with- original user of its proportionate share of the prop- lion. erty). 32 Certain aircraft which is not transportation out regard to this provision), and shortest 30 A special rule applies in the case of certain property, other than for agricultural or firefighting life allowable for each property, and (ii) the leased property. In the case of any property that is uses, also qualifies for the extended placed-in-serv- amount of depreciation that would be al- originally placed in service by a person and that is ice date, if at the time of the contract for purchase, lowed if bonus depreciation did not apply sold to the taxpayer and leased back to such person the purchaser made a nonrefundable deposit of the using the same method and life for each by the taxpayer within three months after the date lesser of 10 percent of the cost or $100,000, and which property. that the property was placed in service, the property has an estimated production period exceeding four would be treated as originally placed in service by months and a cost exceeding $200,000. the taxpayer not earlier than the date that the prop- 33 Property does not fail to qualify for the addi- 35 The term ‘‘eligible qualified property’’ means erty is used under the leaseback. If property is origi- tional first-year depreciation merely because a bind- property eligible for bonus depreciation, with minor nally placed in service by a lessor, such property is ing written contract to acquire a component of the effective date differences. sold within three months after the date that the property is in effect prior to January 1, 2008. 36 Sec. 168(k)(4). property was placed in service, and the user of such 34 For purposes of determining the amount of eligi- 37 Sec. 53(c) otherwise limits the allowable AMT property does not change, then the property is treat- ble progress expenditures, it is intended that rules credit for a taxable year to the excess of the regular ed as originally placed in service by the taxpayer similar to section 46(d)(3) as in effect prior to the tax liability (reduced by certain credits) over the not earlier than the date of such sale. Tax Reform Act of 1986, Pub. L. No. 99–514, apply. tentative minimum tax for the taxable year.

VerDate Mar 15 2010 05:05 Feb 17, 2012 Jkt 019060 PO 00000 Frm 00073 Fmt 4634 Sfmt 0634 E:\CR\FM\A16FE7.032 H16FEPT1 jbell on DSK7SPTVN1PROD with HOUSE H878 CONGRESSIONAL RECORD — HOUSE February 16, 2012 The bonus depreciation amount for any credit (the ‘‘premium assistance credit’’) for TABLE 1.—THE PREMIUM ASSISTANCE CREDIT PHASE-OUT taxable year is limited to the lesser of (i) $30 eligible individuals and families who pur- million, or (ii) six percent of the AMT credit chase health insurance through an American Household income Initial premium Final premium for the year attributable to the adjusted net Health Benefit Exchange. The premium as- (expressed as a percent of FPL) (percentage) (percentage) minimum tax for taxable years beginning be- sistance credit, which is refundable and pay- 100% up to 133% ...... 2.0 2.0 fore January 1, 2006 (determined by treating able in advance directly to the insurer, sub- 133% up to 150% ...... 3.0 4.0 credits as allowed on a first-in, first-out 150% up to 200% ...... 4.0 6.3 sidizes the purchase of certain health insur- 200% up to 250% ...... 6.3 8.05 basis), reduced by the sum of certain bonus ance plans through an American Health Ben- 250% up to 300% ...... 8.05 9.5 depreciation amounts for prior taxable efit Exchange. 300% up to 400% ...... 9.5 9.5 years. In the case of an electing corporation that The premium assistance credit is available for individuals (single or joint filers) with Minimum essential coverage and employer offer is a partner in a partnership, the corpora- of health insurance coverage tion’s distributive share of partnership items household incomes between 100 and 400 per- is determined without regard to bonus depre- cent of the Federal poverty level (‘‘FPL’’) for Generally, if an employee is offered min- ciation and by using the straight-line meth- the family size involved who do not receive imum essential coverage 42 in the group mar- od of depreciation. No partnership property health insurance through an employer or a ket, including employer-provided health in- is taken into account in determining a cor- spouse’s employer.39 Household income is de- surance coverage, the individual is ineligible poration’s bonus depreciation amount. fined as the sum of: (1) the taxpayer’s modi- for the premium assistance credit for health Generally an election under this provision fied adjusted gross income, plus (2) the ag- insurance purchased through an exchange. for a taxable year applies to subsequent tax- gregate modified adjusted gross incomes of If an employee is offered unaffordable cov- able years. all other individuals taken into account in erage by his or her employer or the plan’s All corporations treated as a single em- determining that taxpayer’s family size (but share of total allowed cost of provided bene- ployer under section 52(a) are treated as one only if such individuals are required to file a fits is less than 60 percent of such costs, the taxpayer for purposes of the provision and tax return for the taxable year). Modified ad- employee can be eligible for the premium as- are treated as having made an election under justed gross income is defined as adjusted sistance credit, but only if the employee de- this provision if any of the corporations so gross income increased by: (1) any amount clines to enroll in the coverage and satisfies elects. excluded by section 911 (the exclusion from the conditions for receiving a premium as- HOUSE BILL gross income for citizens or residents living sistance credit through an American Health The House bill revises the provision allow- abroad), (2) any tax-exempt interest received Benefit Exchange. Unaffordable coverage, as ing a corporation to elect to claim addi- or accrued during the tax year, and (3) an defined by Federal law, is coverage with a tional AMT credits in lieu of bonus deprecia- amount equal to the portion of the tax- premium required to be paid by the em- tion.38 The House bill provision follows the payer’s social security benefits (as defined in ployee that is more than 9.5 percent of the substance of present law with the following section 86(d)) that is excluded from income employee’s household income, based on self- changes: under section 86 (that is, the amount of the only coverage.43 Under the House bill, the bonus deprecia- taxpayer’s Social Security benefits that are Reconciliation tion amount for any taxable year is limited excluded from gross income).40 To be eligible to the lesser of (i) the AMT credit for the for the premium assistance credit, taxpayers If the premium assistance credit received year attributable to the adjusted net min- who are married (within the meaning of sec- through advance payment exceeds the imum tax for taxable years ending before tion 7703) must file a joint return. Individ- amount of premium assistance credit to January 1, 2012 (determined by treating cred- uals who are listed as dependents on a return which the taxpayer is entitled for the tax- its as allowed on a first-in, first-out basis), are ineligible for the premium assistance able year, the liability for the overpayment or (ii) 50 percent of the AMT credit for the credit. must be reflected on the taxpayer’s income first taxable year ending after December 31, tax return for the taxable year subject to a 2011. As described in Table 1 below, premium as- limitation on the amount of such liability. In the case of a partnership in which more sistance credits are available on a sliding For persons with household income below 400 than 50 percent of the capital and profits in- scale basis for individuals and families with percent of FPL, the liability for the overpay- terests are owned (directly or indirectly) by household incomes between 100 and 400 per- ment for a taxable year is limited to a spe- one corporation (or by corporations treated cent of FPL to help offset the cost of private cific dollar amount (the ‘‘applicable dollar as one taxpayer for purposes of this provi- health insurance premiums. The premium amount’’) as shown in Table 2 below (one- sion), the bonus depreciation amount is com- assistance credit amount is determined half of the applicable dollar amount shown puted by treating each partner as having an based on the percentage of income the cost in Table 2 for unmarried individuals who are amount equal to that partner’s allocable of premiums represents, rising from two per- not surviving spouses or filing as heads of share of the eligible property for the taxable cent of income for those at 100 percent of households).44 year (as determined under regulations pre- FPL for the family size involved to 9.5 per- scribed by the Secretary). cent of income for those at 400 percent of TABLE 2.—RECONCILIATION A corporation may make a separate elec- FPL for the family size involved. After 2014, the percentages of income are indexed to the tion for each taxable year. Household income Applicable Effective date.—The provision applies to excess of premium growth over income (expressed as a percent of FPL) dollar taxable years ending after December 31, 2011. growth for the preceding calendar year. amount For a taxable year which begins before After 2018, if the aggregate amount of pre- Less than 100% ...... $600 January 1, 2012, and ends after December 31, mium assistance credits and cost-sharing re- At least 200% but less than 300% ...... 1,500 At least 300% but less than 400% ...... 2,500 2011, the bonus depreciation amount is the ductions 41 exceeds 0.504 percent of the gross sum of the amounts computed separately for domestic product for that year, the percent- each portion of the taxable year by treating age of income is also adjusted to reflect the If the premium assistance credit for a tax- each portion as a separate taxable year tak- excess (if any) of premium growth over the able year received through advance payment ing into account property placed in service rate of growth in the consumer price index is less than the amount of the credit to by the corporation during that portion of the for the preceding calendar year. For purposes which the taxpayer is entitled for the year, taxable year. of calculating family size, individuals who the shortfall in the credit is also reflected on SENATE AMENDMENT are in the country illegally are not included. the taxpayer’s tax return for the year. No provision. HOUSE BILL CONFERENCE AGREEMENT 39 Individuals who are lawfully present in the The House bill changes the applicable dol- The conference agreement does not include United States but are not eligible for Medicaid be- lar amount, as shown in Table 3 below (one- the provision from the House bill. cause of their immigration status are treated as having a household income equal to 100 percent of half of the applicable dollar amount shown E. Adjustments to Maximum Thresholds for FPL (and thus eligible for the premium assistance in Table 3 for unmarried individuals who are Recapturing Overpayments Resulting credit) as long as their household income does not not surviving spouses or filing as heads of From Certain Federally-subsidized Health actually exceed 100 percent of FPL. households). Insurance (sec. 2221 of the House bill and 40 The definition of modified adjusted gross income sec. 36B of the Code) used in section 36B is incorporated by reference for purposes of determining eligibility to participate in 42 As defined in section 5000A(f). PRESENT LAW certain other healthcare-related programs, such as 43 The 9.5 percent amount is indexed for calendar Premium assistance credit reduced cost-sharing (section 1402 of PPACA)), Med- years beginning after 2014 to reflect the excess of For taxable years ending after December icaid for the nonelderly (section 1902(e) of the Social premium growth over income growth. 31, 2013, section 36B provides a refundable tax Security Act (42 U.S.C. 1396a(e)) as modified by sec- 44 Section 36B(f)(2), as amended by section 208 of tion 2002(a) of PPACA) and the Children’s Health In- the Medicare and Medicaid Extenders Act of 2010, surance Program (section 2102(b)(1)(B) of the Social Pub. L. No. 111–309 and section 4 of the Comprehen- 38 The House bill rewrites section 168(k)(4) in order Security Act (42 U.S.C. 1397bb(b)(1)(B)) as modified sive 1099 Taxpayer Protection and Repayment of Ex- to delete a substantial amount of ‘‘deadwood’’ from by section 2101(d) of PPACA). change Subsidy Overpayments Act of 2011, Pub. L. the language of present law. 41 As described in section 1402 of PPACA. No. 112–9.

VerDate Mar 15 2010 05:05 Feb 17, 2012 Jkt 019060 PO 00000 Frm 00074 Fmt 4634 Sfmt 0634 E:\CR\FM\A16FE7.033 H16FEPT1 jbell on DSK7SPTVN1PROD with HOUSE February 16, 2012 CONGRESSIONAL RECORD — HOUSE H879 TABLE 3.—ADJUSTED RECONCILIATION No credit is allowed to any taxpayer with mittee on Taxation, a summary description respect to any qualifying child unless the of the provision is provided along with an es- Household income Applicable taxpayer includes the name and the taxpayer timate of the number and type of affected dollar identification number of the qualifying child taxpayers, and a discussion regarding the (expressed as a percent of FPL) amount on the return of tax for the taxable year. For relevant complexity and administrative Less than 100% ...... $600 individual filers, a taxpayer identification issues. At least 100% but less than 150% ...... 800 number may be either a Social Security Following the analysis of the staff of the At least 150% but less than 200% ...... 1,000 At least 200% but less than 250% ...... 1,500 number (‘‘SSN’’), an IRS individual taxpayer Joint Committee on Taxation are the com- At least 250% but less than 300% ...... 2,200 identification number (‘‘ITIN’’), or an IRS ments of the IRS and the Treasury Depart- At least 300% but less than 350% ...... 2,500 adoption taxpayer identification number ment regarding each of the provisions in- At least 350% but less than 400% ...... 3,200 (‘‘ATIN’’). cluded in the complexity analysis, including Effective date.—The provision is effective HOUSE BILL a discussion of the likely effect on IRS forms and any expected impact on the IRS. on the date of enactment. The House bill adds a requirement that the SENATE AMENDMENT refundable portion of the child tax credit is 1. EXTENSION OF THE PAYROLL TAX REDUCTION (SEC. 1001 OF THE CONFERENCE AGREEMENT) No provision. allowable only if the tax return includes the Summary description of provision CONFERENCE AGREEMENT taxpayer’s SSN (or in the case of a joint return, the SSN of either spouse). The conference agreement does not include The conference agreement provides for a Effective date.—The provision applies to the provision from the House bill. reduced employee OASDI tax rate of 4.2 per- taxable years beginning after the date of en- cent under the FICA tax, and the equivalent F. Information for Administration of Social actment. portion of the RRTA tax, through 2012. Simi- Security Provisions Related to Noncovered larly, the reduced OASDI tax rate of 10.4 per- Employment (sec. 5101 of the House bill SENATE AMENDMENT cent under the SECA tax, is extended to and secs. 6047 and 6103(l) of the Code) No provision. apply for taxable years of self-employed indi- CONFERENCE AGREEMENT PRESENT LAW viduals that begin in 2012. The administrator of an employer-spon- The conference agreement does not include Related rules concerning (1) coordination sored retirement plan, including a plan the provision from the House bill. of a self-employed individual’s deductions in maintained by a State or local government, H. Excise Tax on Unemployment Compensa- determining net earnings from self-employ- is required to comply with reporting require- tion Benefits of High-Income Individuals ment and income tax, (2) transfers to the ments prescribed by the IRS.45 In the case of (sec. 5301 of the House bill and new sec. 5895 Federal Old-Age and Survivors Trust Fund, a distribution to a participant or bene- of the Code) the Federal Disability Insurance Trust Fund ficiary, the amount of the distribution and PRESENT LAW and the Social Security Equivalent Benefit other required information must be reported Account established under the Railroad Re- Gross income includes any unemployment to the IRS and the participant or beneficiary tirement Act of 1974, and (3) determining the compensation benefits received under the on the Form 1099–R. employee rate of OASDI tax in applying pro- laws of the United States or any State, and Tax returns and return information (in- visions of Federal law other than the Code is taxed at the applicable individual income cluding information returns) received by the also apply for 2012. tax rate.49 IRS are subject to confidentiality protec- The conference agreement repeals the tions and cannot be disclosed, including to HOUSE BILL present-law recapture provision applicable to another Federal agency, unless specifically The House bill imposes an excise tax equal a taxpayer who receives the reduced OASDI authorized.46 Disclosure of certain returns to 100 percent on unemployment compensa- rate with respect to more than $18,350 of and return information to the Social Secu- tion benefits received by individuals with ad- wages received during the first two months rity Administration for specific purposes is justed gross income above certain thresh- of 2012. so authorized.47 olds. The adjusted gross income threshold is The bill is effective after the date of enact- HOUSE BILL $750,000 ($1,500,000 for married individuals fil- ment. The House bill amends the reporting re- ing joint returns). The excise tax is phased- Number of affected taxpayers quirements applicable to employer-sponsored in ratably over a $250,000 range ($500,000 for It is estimated that the provision will af- retirement plans of State and local govern- married individuals filing joint returns). fect more than 10 percent of individual tax- ments to require the identification of any Therefore unemployment compensation ben- payers and small businesses. distribution based in whole or in part on efits are taxed at a 100 percent rate for indi- earnings for service in the employ of the viduals with $1,000,000 or more of adjusted Discussion State or local government, to the extent gross income ($2,000,000 or more of adjusted It is not anticipated that taxpayers and such information is known or should be gross income for married individuals filing small businesses will need to keep additional known.48 The House bill authorizes disclo- joint returns). records due to this provision. Extensive addi- sure of this information by the IRS to the The excise tax is not deductible in com- tional regulatory guidance will not be nec- Social Security Administration for purposes puting the taxpayer’s taxable income. essary to effectively implement the provi- of its administration of the Social Security Effective date.—The provision applies to sion. It is not anticipated that the provision Act. taxable years beginning after December 31, will result in an increase in disputes between Effective date.—The provision applies to 2011. small businesses and the IRS. The provision likely will not increase the distributions and disclosures made after De- SENATE AMENDMENT cember 31, 2012. tax preparation costs for most individuals No provision. SENATE AMENDMENT and small businesses. Affected individuals CONFERENCE AGREEMENT No provision. and small businesses will not be required to The conference agreement does not include perform additional and complex calculations CONFERENCE AGREEMENT the provision from the House bill. to comply with the provision. The conference agreement does not include TAX COMPLEXITY ANALYSES It is anticipated that the Secretary of the the provision from the House bill. Treasury will have to make appropriate revi- G. Social Security Number Required to The following tax complexity analysis is sions to several types of tax forms and in- Claim the Refundable Portion of the Child provided pursuant to section 4022(b) of the structions. Internal Revenue Service Reform and Re- Tax Credit (sec. 5201 of the House bill and DEPARTMENT OF THE TREASURY, structuring Act of 1998, which requires the sec. 24 of the Code) INTERNAL REVENUE SERVICE, staff of the Joint Committee on Taxation (in PRESENT LAW Washington, DC, February 15, 2012. consultation with the Internal Revenue An individual may claim a tax credit for THOMAS A. BARTHOLD, Service (‘‘IRS’’) and the Treasury Depart- Chief of Staff, Joint Committee on Taxation, each qualifying child under the age of 17. The ment) to provide a complexity analysis of maximum amount of the credit per child is Washington, DC tax legislation reported by the House Com- DEAR MR. BARTHOLD: I am responding to $1,000 through 2012 and $500 thereafter. A mittee on Ways and Means, the Senate Com- child who is not a citizen, national, or resi- your letter dated February 14, 2012, in which mittee on Finance, or a Conference Report you requested a complexity analysis related dent of the United States cannot be a quali- containing tax provisions. The complexity fying child. If the child tax credit exceeds to the extension of the payroll tax holiday analysis is required to report on the com- enacted under section 101 of the Temporary the taxpayer’s tax liability, the taxpayer plexity and administrative issues raised by may be eligible for a refundable credit. Payroll Tax Cut Continuation Act of 2011. provisions that directly or indirectly amend Enclosed are the combined comments of the Internal Revenue Code and that have the Internal Revenue Service and the Treas- 45 Sec. 6047(d). widespread applicability to individuals or ury Department for inclusion in the com- 46 Sec. 6103. small businesses. For each such provision plexity analysis in the Conference Report on 47 Sec. 6103(h)(5), (l)(1), (l)(5). identified by the staff of the Joint Com- 48 For this purpose, State includes the District of H.R. 3630. Columbia, the Commonwealth of Puerto Rico, the Our comments are based on the description Virgin Islands, Guam and American Samoa. 49 Sec. 85. of the provision provided in your letter. The

VerDate Mar 15 2010 05:05 Feb 17, 2012 Jkt 019060 PO 00000 Frm 00075 Fmt 4634 Sfmt 0634 E:\CR\FM\A16FE7.035 H16FEPT1 jbell on DSK7SPTVN1PROD with HOUSE H880 CONGRESSIONAL RECORD — HOUSE February 16, 2012 analysis does not include administrative cost PROTECTING INVESTMENT IN OIL A recorded vote was ordered. estimates for the changes that would be re- SHALE THE NEXT GENERATION The vote was taken by electronic de- quired. Due to the short turnaround time, OF ENVIRONMENTAL, ENERGY, vice, and there were—ayes 167, noes 253, our comments are provisional and subject to change upon a more complete and in-depth AND RESOURCE SECURITY ACT not voting 13, as follows: analysis of the provision. The analysis does Mr. HASTINGS of Washington. Mr. [Roll No. 64] not cover any other provisions of the bill. Speaker, I ask unanimous consent that AYES—167 Sincerely, all Members may have 5 legislative in Ackerman Gonzalez Owens DOUGLAS H. SHULMAN. Andrews Grijalva Pallone Enclosure. which to revise and extend their remarks and include extraneous material Baldwin Gutierrez Pascrell COMPLEXITY ANALYSIS OF Bass (CA) Hahn Pastor (AZ) CONFERENCE AGREEMENT ON H.R. 3630 on H.R. 3408. Becerra Hanabusa Pelosi Berkley Hastings (FL) Perlmutter EXTENSION OF THE PAYROLL TAX HOLIDAY The SPEAKER pro tempore. Is there objection to the request of the gen- Berman Heinrich Peters The conference agreement provides for a Bilbray Higgins tleman from Washington? Pingree (ME) reduced employee OASDI tax rate of 4.2 per- Bishop (NY) Himes Polis cent under the FICA tax, and the equivalent There was no objection. Blumenauer Hinchey Price (NC) portion of the RRTA tax, through 2012. Simi- The SPEAKER pro tempore. Pursu- Bonamici Hinojosa Quigley larly, the reduced OASDI tax rate of 10.4 per- ant to House Resolution 547 and rule Brady (PA) Hirono Rahall cent under the SECA tax is extended for tax- Braley (IA) Holt Reichert XVIII, the Chair declares the House in Brown (FL) Honda able years of self-employed individuals that Reyes the Committee of the Whole House on Butterfield Hoyer Richardson begin in 2012. Capps Inslee the state of the Union for the further Richmond The agreement provides related rules con- Capuano Israel Rothman (NJ) cerning (1) coordination of a self-employed consideration of the bill, H.R. 3408. Cardoza Jackson (IL) Roybal-Allard Carnahan Jackson Lee individual’s deductions in determining net Ruppersberger b 1655 Carney (TX) earnings from self-employment and income Rush Carson (IN) Johnson (GA) tax, (2) transfers to the Federal Old-Age and IN THE COMMITTEE OF THE WHOLE Ryan (OH) Castor (FL) Johnson, E. B. Survivors Trust Fund, the Federal Disability Sa´ nchez, Linda Accordingly, the House resolved Chu Jones T. Insurance Trust Fund and the Social Secu- itself into the Committee of the Whole Cicilline Kaptur Sarbanes rity Equivalent Benefit Account established House on the state of the Union for the Clarke (MI) Keating under the Railroad Retirement Act of 1974, Clarke (NY) Kildee Schakowsky and (3) determining the employee rate of further consideration of the bill (H.R. Clay Kissell Schiff 3408) to set clear rules for the develop- Clyburn Kucinich Schrader OASDI tax in applying provisions of Federal Schwartz law other than the Code that also apply for ment of United States oil shale re- Coble Langevin Cohen Larsen (WA) Scott (VA) 2012. sources, to promote shale technology Scott, David The conference agreement repeals the Connolly (VA) Larson (CT) research and development, and for Conyers Lee (CA) Sewell present-law recapture provision applicable to other purposes, with Mr. WOODALL Costello Levin Sherman a taxpayer who receives the reduced OASDI (Acting Chair) in the chair. Courtney Lewis (GA) Sires rate with respect to more than $18,350 of Slaughter The Clerk read the title of the bill. Crowley Lipinski wages received during the first two months Cummings Loebsack Smith (WA) of 2012. The Acting CHAIR. When the Com- Davis (CA) Lofgren, Zoe Speier Davis (IL) Lowey Stark IRS AND TREASURY COMMENTS mittee of the Whole rose earlier today, amendment No. 20 printed in part A of DeFazio Luja´ n Sutton ∑ This provision is an extension of current DeGette Lynch Thompson (CA) law (except for the repeal of the recapture of House Report 112–398 offered by the DeLauro Maloney Thompson (MS) excess benefit) and should not add signifi- gentleman from Louisiana (Mr. SCA- Deutch Markey Tierney cant burden to taxpayers and the public in LISE) had been disposed of. Dicks Matsui Tonko Dingell McCollum Towns general. Pursuant to clause 6 of rule XVIII, Tsongas ∑ IRS has taken measures to prepare in Doggett McDermott proceedings will now resume on those Dold McGovern Van Hollen case the Temporary Payroll Tax Cut is not amendments printed in part A of House Doyle McNerney Vela´ zquez extended, including revising forms and in- Report 112–398 on which further pro- Edwards Meeks Visclosky structions and programming systems. If this Ellison Miller (NC) Wasserman provision is enacted, the IRS will have to ad- ceedings were postponed, in the fol- Engel Miller, George Schultz just its forms and systems to reflect the ex- lowing order: Eshoo Moore Waters tension. Computer software providers and Amendment No. 13 by Mr. THOMPSON Farr Moran Watt large employers may also have programmed Fattah Murphy (CT) Waxman of California. Filner Nadler Welch their systems for current law and would need Amendment No. 15 by Ms. HANABUSA Frank (MA) Napolitano Wilson (FL) to make similar adjustments. of Hawaii. Fudge Neal Woolsey ∑ No new guidance would be required. Garamendi Olver Yarmuth ∑ IRS will have to make small modifica- Amendment No. 16 by Mr. HASTINGS tions to certain notices to, and publications of Washington. NOES—253 for, employers. Amendment No. 17 by Mr. MARKEY of Adams Burgess Duncan (TN) ∑ There will be minimal impact on IRS Massachusetts. Aderholt Burton (IN) Ellmers training and the Internal Revenue Manual. Amendment No. 18 by Mr. MARKEY of Akin Calvert Emerson Alexander Camp Farenthold Pursuant to clause 9 of rule XXI of the Massachusetts. Rules of the House of Representatives, no Altmire Canseco Fincher provision in this conference report or joint Amendment No. 19 by Mr. LABRADOR Amash Cantor Fitzpatrick of Idaho. Amodei Capito Flake explanatory statement includes a congres- Baca Carter Fleischmann sional earmark, limited tax benefit, or lim- The Chair will reduce to 2 minutes Bachmann Cassidy Fleming ited tariff benefit. the minimum time for any electronic Bachus Chabot Flores DAVE CAMP, vote after the first vote in this series. Barletta Chaffetz Forbes FRED UPTON, Barrow Chandler Fortenberry AMENDMENT NO. 13 OFFERED BY MR. THOMPSON KEVIN BRADY, Bartlett Coffman (CO) Foxx OF CALIFORNIA Barton (TX) Cole Franks (AZ) GREG WALDEN, Bass (NH) Conaway Frelinghuysen TOM PRICE, The Acting CHAIR. The unfinished business is the demand for a recorded Benishek Cooper Gallegly TOM REED, Berg Costa Gardner RENEE L. ELLMERS, vote on the amendment offered by the Biggert Cravaack Garrett NAN A.S. HAYWORTH, gentleman from California (Mr. THOMP- Bishop (GA) Crawford Gerlach SANDER M. LEVIN, SON) on which further proceedings were Bishop (UT) Crenshaw Gibbs XAVIER BECERRA, Black Critz Gibson postponed and on which the noes pre- Blackburn Cuellar Gingrey (GA) CHRIS VAN HOLLEN, vailed by voice vote. Bonner Culberson Gohmert ALLYSON Y. SCHWARTZ, The Clerk will redesignate the Boren Davis (KY) Goodlatte HENRY A. WAXMAN, amendment. Boswell Denham Gowdy Managers on the Part of the House. Boustany Dent Granger The Clerk redesignated the amend- Brady (TX) DesJarlais Graves (GA) MAX BAUCUS, ment. Brooks Diaz-Balart Graves (MO) JACK REED, Broun (GA) Donnelly (IN) Green, Al RECORDED VOTE BENJAMIN L. CARDIN, Buchanan Dreier Green, Gene ROBERT P. CASEY, Jr., The Acting CHAIR. A recorded vote Bucshon Duffy Griffin (AR) Managers on the Part of the Senate. has been demanded. Buerkle Duncan (SC) Griffith (VA)

VerDate Mar 15 2010 06:47 Feb 17, 2012 Jkt 019060 PO 00000 Frm 00076 Fmt 4634 Sfmt 0634 E:\CR\FM\A16FE7.038 H16FEPT1 jbell on DSK7SPTVN1PROD with HOUSE February 16, 2012 CONGRESSIONAL RECORD — HOUSE H881 Grimm Matheson Rooney The vote was taken by electronic de- Goodlatte Lungren, Daniel Rohrabacher Guinta McCarthy (CA) Ros-Lehtinen vice, and there were—ayes 189, noes 228, Gosar E. Rokita Guthrie McCarthy (NY) Roskam Gowdy Manzullo Rooney Hall McCaul Ross (AR) not voting 16, as follows: Granger Marchant Roskam Hanna McClintock Ross (FL) [Roll No. 65] Graves (GA) Marino Ross (AR) Harper McCotter Royce Graves (MO) Matheson Ross (FL) Harris McHenry Runyan AYES—189 Green, Gene McCarthy (CA) Royce Hartzler McIntyre Ryan (WI) Griffin (AR) Ackerman Gibson Napolitano McCaul Runyan Hastings (WA) McKeon Scalise Griffith (VA) Altmire Gonzalez Neal McClintock Ryan (WI) Hayworth McKinley Schilling Grimm Andrews Green, Al Olver McCotter Scalise Heck McMorris Schmidt Guinta Baca Grijalva Owens McHenry Schilling Hensarling Rodgers Schock Guthrie Baldwin Gutierrez Pallone McKeon Schmidt Herger Meehan Schweikert Hall Barrow Hahn Pascrell McKinley Schock Herrera Beutler Mica Scott (SC) Harper Bass (CA) Hanabusa Pastor (AZ) McMorris Schweikert Hochul Michaud Scott, Austin Hartzler Becerra Hanna Paulsen Rodgers Scott (SC) Holden Miller (FL) Sensenbrenner Hastings (WA) Meehan Berkley Hastings (FL) Pelosi Scott, Austin Huelskamp Miller (MI) Sessions Hayworth Mica Berman Heinrich Perlmutter Sensenbrenner Huizenga (MI) Miller, Gary Shimkus Heck Miller (FL) Bishop (GA) Higgins Peters Sessions Hultgren Mulvaney Shuster Hensarling Miller (MI) Bishop (NY) Himes Pingree (ME) Shimkus Hunter Murphy (PA) Simpson Herger Miller, Gary Blumenauer Hinchey Polis Shuster Hurt Myrick Smith (NE) Herrera Beutler Bonamici Hinojosa Price (NC) Murphy (PA) Issa Neugebauer Smith (NJ) Huelskamp Simpson Boswell Hirono Quigley Myrick Jenkins Noem Smith (TX) Huizenga (MI) Smith (NE) Brady (PA) Hochul Rahall Neugebauer Johnson (IL) Nugent Southerland Hultgren Smith (TX) Braley (IA) Holden Reichert Noem Johnson (OH) Nunes Stearns Hunter Southerland Brown (FL) Holt Reyes Nugent Johnson, Sam Nunnelee Stivers Hurt Stearns Butterfield Honda Richardson Nunes Jordan Olson Stutzman Issa Stivers Capps Hoyer Richmond Nunnelee Kelly Palazzo Sullivan Jenkins Stutzman Capuano Inslee Ros-Lehtinen Olson Kind Paulsen Terry Johnson (OH) Terry Cardoza Israel Rothman (NJ) Palazzo King (IA) Pearce Thompson (PA) Johnson, Sam Thompson (PA) Carnahan Jackson (IL) Roybal-Allard Pearce King (NY) Pence Thornberry Jones Thornberry Carney Jackson Lee Ruppersberger Pence Kingston Peterson Tiberi Jordan Tiberi Carson (IN) (TX) Rush Peterson Kinzinger (IL) Petri Tipton Kelly Tipton Castor (FL) Johnson (GA) Ryan (OH) Petri Kline Pitts Turner (NY) King (IA) Turner (NY) Chandler Johnson (IL) Sa´ nchez, Linda Pitts Labrador Platts Turner (OH) King (NY) Turner (OH) Chu Johnson, E. B. T. Platts Lamborn Poe (TX) Upton Kingston Upton Cicilline Kaptur Sarbanes Poe (TX) Lance Pompeo Walberg Kinzinger (IL) Walberg Clarke (MI) Keating Schakowsky Pompeo Landry Posey Walden Kline Walden Clarke (NY) Kildee Schiff Posey Lankford Price (GA) Walsh (IL) Labrador Walsh (IL) Clay Kind Schrader Price (GA) Latham Quayle Walz (MN) Lamborn Webster Clyburn Kissell Schwartz Quayle LaTourette Reed Webster Lance West Connolly (VA) Kucinich Scott (VA) Reed Latta Rehberg West Landry Westmoreland Conyers Langevin Scott, David Rehberg Lewis (CA) Renacci Westmoreland Lankford Whitfield Cooper Larsen (WA) Sewell Renacci LoBiondo Ribble Whitfield Latham Wilson (SC) Costello Larson (CT) Sherman Ribble Long Rigell Wilson (SC) LaTourette Wittman Courtney Lee (CA) Sires Rigell Lucas Rivera Wittman Latta Wolf Crowley Levin Slaughter Rivera Luetkemeyer Roby Wolf Lewis (CA) Womack Cuellar Lewis (GA) Smith (NJ) Roby Lummis Roe (TN) Womack Long Woodall Cummings Lipinski Smith (WA) Roe (TN) Lungren, Daniel Rogers (AL) Woodall Lucas Yoder Davis (CA) LoBiondo Speier Rogers (AL) E. Rogers (KY) Yoder Luetkemeyer Young (AK) Davis (IL) Loebsack Stark Rogers (KY) Manzullo Rogers (MI) Young (AK) Lummis Young (IN) DeFazio Lofgren, Zoe Sutton Rogers (MI) Marchant Rohrabacher Young (FL) DeGette Lowey Thompson (CA) Marino Rokita Young (IN) NOT VOTING—16 DeLauro Luja´ n Thompson (MS) NOT VOTING—13 Dent Lynch Tierney Austria Harris Sanchez, Loretta Deutch Maloney Tonko Bono Mack Mack Serrano Austria Gosar Sanchez, Loretta Dicks Markey Towns Buchanan Mulvaney Shuler Bilirakis Mack Serrano Dingell Matsui Tsongas Campbell Paul Sullivan Bono Mack Paul Shuler Doggett McCarthy (NY) Van Hollen Cleaver Payne Campbell Payne Dold McCollum Vela´ zquez Cohen Rangel Cleaver Rangel Doyle McDermott Visclosky ANNOUNCEMENT BY THE ACTING CHAIR b 1724 Edwards McGovern Walz (MN) Ellison McIntyre Wasserman The Acting CHAIR (during the vote). Messrs. COFFMAN of Colorado, Engel McNerney Schultz There are 30 seconds remaining. FLAKE, and BURGESS changed their Eshoo Meeks Waters vote from ‘‘aye’’ to ‘‘no.’’ Farr Michaud Watt Fattah Miller (NC) Waxman b 1728 Ms. MOORE, Messrs. MCDERMOTT, Filner Miller, George Welch LUJA´ N, and RYAN of Ohio changed Fitzpatrick Moore Wilson (FL) So the amendment was rejected. their vote from ‘‘no’’ to ‘‘aye.’’ Frank (MA) Moran Woolsey The result of the vote was announced So the amendment was rejected. Fudge Murphy (CT) Yarmuth as above recorded. Garamendi Nadler Young (FL) The result of the vote was announced AMENDMENT NO. 16 OFFERED BY MR. HASTINGS as above recorded. NOES—228 OF WASHINGTON Stated against: Adams Bucshon Diaz-Balart The Acting CHAIR. The unfinished Mr. BILIRAKIS. Mr. Chair, on rollcall No. 64, Aderholt Buerkle Donnelly (IN) business is the demand for a recorded had I been present, I would have voted ‘‘no.’’ Akin Burgess Dreier Alexander Burton (IN) Duffy vote on the amendment offered by the AMENDMENT NO. 15 OFFERED BY MS. HANABUSA Amash Calvert Duncan (SC) gentleman from Washington (Mr. HAS- The Acting CHAIR. The unfinished Amodei Camp Duncan (TN) TINGS) on which further proceedings business is the demand for a recorded Bachmann Canseco Ellmers were postponed and on which the ayes vote on the amendment offered by the Bachus Cantor Emerson Barletta Capito Farenthold prevailed by voice vote. gentlewoman from Hawaii (Ms. Bartlett Carter Fincher The Clerk will redesignate the HANABUSA) on which further pro- Barton (TX) Cassidy Flake amendment. Bass (NH) Chabot Fleischmann ceedings were postponed and on which The Clerk redesignated the amend- the ayes prevailed by voice vote. Benishek Chaffetz Fleming Berg Coble Flores ment. The Clerk will redesignate the Biggert Coffman (CO) Forbes RECORDED VOTE amendment. Bilbray Cole Fortenberry The Clerk redesignated the amend- Bilirakis Conaway Foxx The Acting CHAIR. A recorded vote ment. Bishop (UT) Costa Franks (AZ) has been demanded. Black Cravaack Frelinghuysen RECORDED VOTE Blackburn Crawford Gallegly A recorded vote was ordered. The Acting CHAIR. A recorded vote Bonner Crenshaw Gardner The Acting CHAIR. This will be a 2- has been demanded. Boren Critz Garrett minute vote. Boustany Culberson Gerlach The vote was taken by electronic de- A recorded vote was ordered. Brady (TX) Davis (KY) Gibbs The Acting CHAIR. This will be a 2- Brooks Denham Gingrey (GA) vice, and there were—ayes 250, noes 171, minute vote. Broun (GA) DesJarlais Gohmert not voting 12, as follows:

VerDate Mar 15 2010 05:05 Feb 17, 2012 Jkt 019060 PO 00000 Frm 00077 Fmt 4634 Sfmt 0634 E:\CR\FM\A16FE7.042 H16FEPT1 jbell on DSK7SPTVN1PROD with HOUSE H882 CONGRESSIONAL RECORD — HOUSE February 16, 2012 [Roll No. 66] Connolly (VA) Holt Pelosi [Roll No. 67] Conyers Honda Peters AYES—250 Cooper Hoyer Pingree (ME) AYES—168 Adams Goodlatte Olson Costa Inslee Price (NC) Ackerman Green, Al Napolitano Aderholt Gosar Palazzo Costello Israel Quigley Altmire Grijalva Neal Akin Gowdy Paulsen Courtney Jackson (IL) Rahall Andrews Gutierrez Olver Alexander Granger Pearce Critz Jackson Lee Richardson Baca Hahn Owens Altmire Graves (GA) Pence Crowley (TX) Richmond Baldwin Hanabusa Pallone Amodei Graves (MO) Perlmutter Cuellar Johnson (GA) Rothman (NJ) Barrow Hastings (FL) Pascrell Baca Griffin (AR) Peterson Cummings Johnson, E. B. Roybal-Allard Bass (CA) Hayworth Pastor (AZ) Bachmann Griffith (VA) Petri Davis (CA) Kaptur Ruppersberger Becerra Heinrich Pelosi Bachus Grimm Pitts Davis (IL) Keating Rush Berkley Higgins Peters Barletta Guinta Platts DeFazio Kildee Ryan (OH) Berman Hinchey Pingree (ME) Barrow Guthrie Poe (TX) DeGette Kind Sa´ nchez, Linda Bishop (GA) Hirono Platts Bartlett Hall Polis DeLauro Kucinich T. Bishop (NY) Hochul Polis Barton (TX) Hanna Pompeo Deutch Langevin Sarbanes Bonamici Holden Price (NC) Benishek Harper Posey Dicks Larsen (WA) Schakowsky Boswell Holt Quigley Berg Hartzler Price (GA) Dingell Larson (CT) Schiff Brady (PA) Honda Rahall Biggert Hastings (WA) Quayle Doggett Lee (CA) Schwartz Braley (IA) Inslee Reyes Bilbray Hayworth Reed Dold Levin Scott (VA) Brown (FL) Israel Richardson Bilirakis Heck Rehberg Doyle Lewis (GA) Scott, David Capps Jackson (IL) Rothman (NJ) Bishop (GA) Hensarling Reichert Edwards Lipinski Sewell Capuano Jackson Lee Roybal-Allard Bishop (UT) Herger Renacci Ellison Lofgren, Zoe Sherman Carnahan (TX) Ruppersberger Black Herrera Beutler Reyes Engel Lowey Sires Carney Johnson (GA) Rush Blackburn Huelskamp Ribble Eshoo Luja´ n Slaughter Carson (IN) Johnson, E. B. Sa´ nchez, Linda Bonner Huizenga (MI) Rigell Farr Lynch Smith (WA) Castor (FL) Jones T. Boren Hultgren Rivera Fattah Maloney Speier Chandler Kaptur Sarbanes Boswell Hunter Roby Filner Markey Stark Chu Keating Schakowsky Boustany Hurt Roe (TN) Frank (MA) Matsui Sutton Cicilline Kildee Schiff Brady (TX) Issa Rogers (AL) Fudge McCarthy (NY) Thompson (CA) Clarke (NY) Kind Schrader Brooks Jenkins Rogers (KY) Garamendi McCollum Thompson (MS) Clay Kissell Schwartz Broun (GA) Johnson (IL) Rogers (MI) Gonzalez McDermott Tierney Clyburn Kucinich Scott (VA) Buchanan Johnson (OH) Rohrabacher Green, Al McGovern Tonko Cohen Langevin Scott, David Bucshon Johnson, Sam Rokita Green, Gene McNerney Towns Connolly (VA) Larson (CT) Sewell Buerkle Jones Rooney Grijalva Meeks Tsongas Conyers Lee (CA) Sherman Burgess Jordan Ros-Lehtinen Gutierrez Michaud Van Hollen Cooper Levin Sires Burton (IN) Kelly Roskam Hahn Miller (NC) Vela´ zquez Crowley Lewis (GA) Slaughter Calvert King (IA) Ross (AR) Hanabusa Miller, George Visclosky Cummings LoBiondo Smith (NJ) Camp King (NY) Ross (FL) Harris Moore Walz (MN) Davis (CA) Loebsack Smith (WA) Canseco Kingston Royce Hastings (FL) Moran Wasserman Davis (IL) Lofgren, Zoe Speier Cantor Kinzinger (IL) Runyan Heinrich Murphy (CT) Schultz DeFazio Lowey Stark Capito Kissell Ryan (WI) Higgins Nadler Waters DeGette Luja´ n Sutton Cardoza Kline Scalise Himes Napolitano Watt DeLauro Lynch Thompson (CA) Carter Labrador Schilling Hinchey Neal Waxman Deutch Maloney Tierney Cassidy Lamborn Schmidt Hinojosa Olver Welch Dicks Markey Tonko Chabot Lance Schock Hirono Owens Wilson (FL) Doggett Matsui Towns Chaffetz Landry Schrader Hochul Pallone Woolsey Dold McCarthy (NY) Tsongas Coble Lankford Schweikert Holden Pastor (AZ) Yarmuth Donnelly (IN) McCollum Van Hollen Edwards McDermott Vela´ zquez Coffman (CO) Latham Scott (SC) NOT VOTING—12 Cole LaTourette Scott, Austin Ellison McGovern Visclosky Conaway Latta Sensenbrenner Austria Mack Rangel Engel McIntyre Walz (MN) Cravaack Lewis (CA) Sessions Bono Mack Pascrell Sanchez, Loretta Eshoo McNerney Wasserman Crawford LoBiondo Shimkus Campbell Paul Serrano Farr Meeks Schultz Crenshaw Loebsack Shuster Cleaver Payne Shuler Fattah Michaud Waters Culberson Long Simpson Filner Miller (NC) Watt ANNOUNCEMENT BY THE ACTING CHAIR Davis (KY) Lucas Smith (NE) Fitzpatrick Miller, George Waxman Denham Luetkemeyer Smith (NJ) The Acting CHAIR (during the vote). Fudge Moore Welch Dent Lummis Smith (TX) There are 30 seconds remaining. Garamendi Moran Wilson (FL) DesJarlais Lungren, Daniel Southerland Gerlach Murphy (CT) Woolsey Diaz-Balart E. Stearns b 1734 Gibson Nadler Yarmuth Donnelly (IN) Manzullo Stivers NOES—254 Dreier Marchant Stutzman Messrs. OLVER, WELCH, CARNEY Duffy Marino Sullivan and Ms. ROYBAL-ALLARD changed Adams Capito Fleming Duncan (SC) Matheson Terry their vote from ‘‘aye’’ to ‘‘no.’’ Aderholt Cardoza Flores Duncan (TN) McCarthy (CA) Thompson (PA) Akin Carter Forbes Ellmers McCaul Thornberry Mr. JOHNSON of Illinois changed his Alexander Cassidy Fortenberry Emerson McClintock Tiberi vote from ‘‘no’’ to ‘‘aye.’’ Amash Chabot Foxx Farenthold McCotter Tipton So the amendment was agreed to. Amodei Chaffetz Frank (MA) Fincher McHenry Turner (NY) The result of the vote was announced Bachmann Clarke (MI) Franks (AZ) Fitzpatrick McIntyre Turner (OH) Bachus Coble Frelinghuysen Flake McKeon Upton as above recorded. Barletta Coffman (CO) Gallegly Fleischmann McKinley Walberg AMENDMENT NO. 17 OFFERED BY MR. MARKEY OF Bartlett Cole Gardner Barton (TX) Conaway Garrett Fleming McMorris Walden MASSACHUSETTS Flores Rodgers Walsh (IL) Bass (NH) Costa Gibbs Forbes Meehan Webster The Acting CHAIR. The unfinished Benishek Costello Gingrey (GA) Fortenberry Mica West business is the demand for a recorded Berg Courtney Gohmert Foxx Miller (FL) Westmoreland vote on the amendment offered by the Biggert Cravaack Gonzalez Franks (AZ) Miller (MI) Whitfield Bilbray Crawford Goodlatte Frelinghuysen Miller, Gary Wilson (SC) gentleman from Massachusetts (Mr. Bilirakis Crenshaw Gosar Gallegly Mulvaney Wittman MARKEY) on which further proceedings Bishop (UT) Critz Gowdy Gardner Murphy (PA) Wolf were postponed and on which the noes Black Cuellar Granger Garrett Myrick Womack prevailed by voice vote. Blackburn Culberson Graves (GA) Gerlach Neugebauer Woodall Blumenauer Davis (KY) Graves (MO) Gibbs Noem Yoder The Clerk will redesignate the Bonner Denham Green, Gene Gibson Nugent Young (AK) amendment. Boren Dent Griffin (AR) Gingrey (GA) Nunes Young (FL) The Clerk redesignated the amend- Boustany DesJarlais Griffith (VA) Gohmert Nunnelee Young (IN) Brady (TX) Diaz-Balart Grimm ment. Brooks Dingell Guinta NOES—171 RECORDED VOTE Broun (GA) Doyle Guthrie Buchanan Dreier Hall Ackerman Blumenauer Carson (IN) The Acting CHAIR. A recorded vote Bucshon Duffy Hanna Amash Bonamici Castor (FL) has been demanded. Buerkle Duncan (SC) Harper Andrews Brady (PA) Chandler Burgess Duncan (TN) Harris Baldwin Braley (IA) Chu A recorded vote was ordered. Burton (IN) Ellmers Hartzler Bass (CA) Brown (FL) Cicilline The Acting CHAIR. This will be a 2- Butterfield Emerson Hastings (WA) Bass (NH) Butterfield Clarke (MI) minute vote. Calvert Farenthold Heck Becerra Capps Clarke (NY) The vote was taken by electronic de- Camp Fincher Hensarling Berkley Capuano Clay Canseco Flake Herger Berman Carnahan Clyburn vice, and there were—ayes 168, noes 254, Cantor Fleischmann Herrera Beutler Bishop (NY) Carney Cohen not voting 11, as follows:

VerDate Mar 15 2010 05:05 Feb 17, 2012 Jkt 019060 PO 00000 Frm 00078 Fmt 4634 Sfmt 0634 E:\CR\FM\A16FE7.045 H16FEPT1 jbell on DSK7SPTVN1PROD with HOUSE February 16, 2012 CONGRESSIONAL RECORD — HOUSE H883 Himes McMorris Royce [Roll No. 68] Hartzler McCotter Ross (FL) Hinojosa Rodgers Runyan Hastings (WA) McHenry Royce Hoyer Meehan Ryan (OH) AYES—183 Hayworth McKeon Runyan Huelskamp Mica Ryan (WI) Ackerman Frank (MA) Napolitano Heck McKinley Ryan (WI) Huizenga (MI) Miller (FL) Scalise Andrews Fudge Olver Hensarling McMorris Scalise Hultgren Miller (MI) Schilling Baca Garamendi Owens Herger Rodgers Schilling Hunter Miller, Gary Schmidt Baldwin Gerlach Pallone Herrera Beutler Meehan Schmidt Hurt Mulvaney Schock Bartlett Gibson Pascrell Hinojosa Mica Schock Murphy (PA) Huelskamp Issa Schweikert Bass (CA) Grijalva Pastor (AZ) Miller (FL) Schweikert Myrick Huizenga (MI) Miller (MI) Jenkins Scott (SC) Becerra Gutierrez Pelosi Scott (SC) Neugebauer Hultgren Miller, Gary Johnson (IL) Scott, Austin Berkley Hahn Perlmutter Scott, Austin Noem Hunter Mulvaney Johnson (OH) Sensenbrenner Berman Hanabusa Peters Sensenbrenner Nugent Hurt Murphy (PA) Johnson, Sam Sessions Bishop (GA) Hastings (FL) Pingree (ME) Sessions Nunes Issa Myrick Jordan Shimkus Bishop (NY) Heinrich Platts Shimkus Kelly Nunnelee Shuster Blumenauer Higgins Jackson Lee Neugebauer Olson Polis Shuster King (IA) Simpson Bonamici Himes (TX) Noem Palazzo Price (NC) Jenkins Nugent Simpson King (NY) Smith (NE) Boswell Hinchey Paulsen Quigley Johnson (IL) Nunes Smith (NE) Kingston Smith (TX) Brady (PA) Hirono Pearce Rahall Johnson (OH) Nunnelee Smith (TX) Kinzinger (IL) Southerland Braley (IA) Hochul Pence Reyes Johnson, Sam Olson Southerland Kline Stearns Brown (FL) Holden Perlmutter Richardson Jordan Palazzo Stearns Labrador Stivers Buchanan Holt Richmond Peterson Butterfield Honda Kelly Paulsen Stivers Lamborn Stutzman Ros-Lehtinen Petri Capps Hoyer King (IA) Pearce Stutzman Lance Sullivan Rothman (NJ) Pitts Capuano Inslee King (NY) Pence Sullivan Landry Terry Roybal-Allard Poe (TX) Carnahan Israel Kingston Peterson Terry Lankford Thompson (MS) Ruppersberger Pompeo Carney Jackson (IL) Kinzinger (IL) Petri Thompson (MS) Larsen (WA) Thompson (PA) Rush Posey Carson (IN) Johnson (GA) Kline Pitts Thompson (PA) Latham Thornberry Ryan (OH) Price (GA) Castor (FL) Johnson, E. B. Labrador Poe (TX) Thornberry LaTourette Tiberi Sa´ nchez, Linda Quayle Chandler Jones Lamborn Pompeo Tiberi Latta Tipton T. Reed Chu Kaptur Lance Posey Tipton Lewis (CA) Turner (NY) Sarbanes Rehberg Cicilline Keating Landry Price (GA) Turner (NY) Lipinski Turner (OH) Schakowsky Reichert Clarke (MI) Kildee Lankford Quayle Turner (OH) Long Upton Schiff Renacci Clarke (NY) Kind Latham Reed Upton Lucas Walberg Ribble Clay Kissell Schrader LaTourette Rehberg Luetkemeyer Walden Walberg Richmond Clyburn Kucinich Schwartz Latta Reichert Lummis Walsh (IL) Walden Rigell Cohen Langevin Scott (VA) Lewis (CA) Renacci Lungren, Daniel Webster Walsh (IL) Rivera Connolly (VA) Larsen (WA) Scott, David Long Ribble E. West Webster Roby Conyers Larson (CT) Sewell Lucas Rigell Manzullo Roe (TN) Westmoreland Sherman Luetkemeyer Rivera West Cooper Lee (CA) Westmoreland Marchant Rogers (AL) Whitfield Costello Levin Sires Lummis Roby Marino Rogers (KY) Wilson (SC) Slaughter Lungren, Daniel Roe (TN) Whitfield Courtney Lewis (GA) Wilson (SC) Matheson Rogers (MI) Wittman Critz Lipinski Smith (NJ) E. Rogers (AL) Wittman McCarthy (CA) Rohrabacher Wolf Crowley LoBiondo Smith (WA) Manzullo Rogers (KY) Wolf McCaul Rokita Womack Cummings Loebsack Speier Marchant Rogers (MI) Womack McClintock Rooney Woodall Davis (CA) Lofgren, Zoe Stark Marino Rohrabacher McCotter Ros-Lehtinen Yoder Davis (IL) Lowey Sutton Matheson Rokita Woodall McHenry Roskam Young (AK) DeFazio Luja´ n Thompson (CA) McCarthy (CA) Rooney Yoder McKeon Ross (AR) Young (FL) DeGette Lynch Tierney McCaul Roskam Young (AK) McKinley Ross (FL) Young (IN) DeLauro Maloney Tonko McClintock Ross (AR) Young (IN) Towns NOT VOTING—11 Dent Markey NOT VOTING—12 Deutch Matsui Tsongas Austria Mack Sanchez, Loretta Dicks McCarthy (NY) Van Hollen Austria Mack Rangel Bono Mack Paul Serrano Dingell McCollum Vela´ zquez Bono Mack Neal Sanchez, Loretta Campbell Payne Shuler Doggett McDermott Visclosky Campbell Paul Serrano Cleaver Rangel Dold McGovern Walz (MN) Cleaver Payne Shuler Doyle McIntyre Wasserman ANNOUNCEMENT BY THE ACTING CHAIR Edwards McNerney Schultz ANNOUNCEMENT BY THE ACTING CHAIR The Acting CHAIR (during the vote). Ellison Meeks Waters The Acting CHAIR (during the vote). Engel Michaud Watt There are 30 seconds remaining. There are 30 seconds remaining. Eshoo Miller (NC) Waxman Farr Miller, George Welch b 1742 1738 Fattah Moore Wilson (FL) b Filner Moran Woolsey So the amendment was rejected. Mr. RICHMOND changed his vote Fitzpatrick Murphy (CT) Yarmuth The result of the vote was announced from ‘‘aye’’ to ‘‘no.’’ Fortenberry Nadler Young (FL) as above recorded. So the amendment was rejected. NOES—238 AMENDMENT NO. 19 OFFERED BY MR. LABRADOR The result of the vote was announced Adams Camp Flake The Acting CHAIR. The unfinished as above recorded. Aderholt Canseco Fleischmann business is the demand for a recorded Akin Cantor Fleming AMENDMENT NO. 18 OFFERED BY MR. MARKEY OF Alexander Capito Flores vote on the amendment offered by the MASSACHUSETTS Altmire Cardoza Forbes gentleman from Idaho (Mr. LABRADOR) The Acting CHAIR. The unfinished Amash Carter Foxx on which further proceedings were Amodei Cassidy Franks (AZ) postponed and on which the ayes pre- business is the demand for a recorded Bachmann Chabot Frelinghuysen vote on the amendment offered by the Bachus Chaffetz Gallegly vailed by voice vote. gentleman from Massachusetts (Mr. Barletta Coble Gardner The Clerk will redesignate the Barrow Coffman (CO) Garrett amendment. MARKEY) on which further proceedings Barton (TX) Cole Gibbs were postponed and on which the ayes Bass (NH) Conaway Gingrey (GA) The Clerk redesignated the amend- prevailed by voice vote. Benishek Costa Gohmert ment. Berg Cravaack Gonzalez RECORDED VOTE The Clerk will redesignate the Biggert Crawford Goodlatte amendment. Bilbray Crenshaw Gosar The Acting CHAIR. A recorded vote The Clerk redesignated the amend- Bilirakis Cuellar Gowdy has been demanded. ment. Bishop (UT) Culberson Granger A recorded vote was ordered. Black Davis (KY) Graves (GA) The Acting CHAIR. This will be a 2- RECORDED VOTE Blackburn Denham Graves (MO) Bonner DesJarlais Green, Al minute vote. The Acting CHAIR. A recorded vote Boren Diaz-Balart Green, Gene The vote was taken by electronic de- has been demanded. Boustany Donnelly (IN) Griffin (AR) vice, and there were—ayes 244, noes 177, A recorded vote was ordered. Brady (TX) Dreier Griffith (VA) Brooks Duffy Grimm not voting 12, as follows: The Acting CHAIR. This will be a 2- Broun (GA) Duncan (SC) Guinta [Roll No. 69] minute vote. Bucshon Duncan (TN) Guthrie AYES—244 The vote was taken by electronic de- Buerkle Ellmers Hall Burgess Emerson Hanna Adams Alexander Bachus vice, and there were—ayes 183, noes 238, Burton (IN) Farenthold Harper Aderholt Amodei Barletta not voting 12, as follows: Calvert Fincher Harris Akin Bachmann Barrow

VerDate Mar 15 2010 05:05 Feb 17, 2012 Jkt 019060 PO 00000 Frm 00079 Fmt 4634 Sfmt 0634 E:\CR\FM\A16FE7.046 H16FEPT1 jbell on DSK7SPTVN1PROD with HOUSE H884 CONGRESSIONAL RECORD — HOUSE February 16, 2012 Bartlett Graves (GA) Palazzo Eshoo Levin Roybal-Allard Committee of the Whole? If not, the Barton (TX) Graves (MO) Paulsen Farr Lewis (GA) Runyan Bass (NH) Griffin (AR) Pearce Fattah Lipinski Ruppersberger Chair will put them en gros. Benishek Griffith (VA) Pence Filner LoBiondo Rush The amendments were agreed to. Berg Grimm Peterson Frank (MA) Loebsack Ryan (OH) The SPEAKER pro tempore. The Biggert Guinta Petri Fudge Lofgren, Zoe Sa´ nchez, Linda question is on the engrossment and Bilbray Guthrie Pitts Garamendi Lowey T. third reading of the bill. Bilirakis Hall Platts Gonzalez Luja´ n Sarbanes Bishop (GA) Hanna Poe (TX) Green, Al Lynch Schakowsky The bill was ordered to be engrossed Bishop (UT) Harper Polis Green, Gene Maloney Schiff and read a third time, and was read the Black Harris Pompeo Grijalva Markey Schrader third time. Blackburn Hartzler Posey Gutierrez Matsui Schwartz Bonner Hastings (WA) Price (GA) Hahn McCarthy (NY) Scott (VA) MOTION TO RECOMMIT Boren Hayworth Quayle Hanabusa McCollum Scott, David Ms. CASTOR of Florida. Mr. Speaker, Boswell Heck Reed Hastings (FL) McDermott Sewell I have a motion to recommit at the Boustany Hensarling Rehberg Heinrich McGovern Sherman desk. Brady (TX) Herger Reichert Higgins McNerney Sires Brooks Herrera Beutler Renacci Himes Meeks Slaughter The SPEAKER pro tempore. Is the Broun (GA) Huelskamp Ribble Hinchey Michaud Smith (NJ) gentlewoman opposed to the bill? Buchanan Huizenga (MI) Richardson Hinojosa Miller (NC) Smith (WA) Ms. CASTOR of Florida. I am op- Bucshon Hultgren Rigell Hirono Miller, George Speier posed. Buerkle Hunter Rivera Hochul Moore Stark Burgess Hurt Roby Holden Moran Sutton The SPEAKER pro tempore. The Burton (IN) Issa Roe (TN) Holt Murphy (CT) Thompson (CA) Clerk will report the motion to recom- Calvert Jenkins Rogers (AL) Honda Nadler Thompson (MS) mit. Camp Johnson (OH) Rogers (KY) Hoyer Napolitano Tierney The Clerk read as follows: Inslee Neal Tonko Canseco Johnson, Sam Rogers (MI) Ms. CASTOR of Florida moves to recommit Cantor Jones Rohrabacher Israel Olver Towns Capito Jordan Rokita Jackson (IL) Owens Tsongas the bill H.R. 3408 to the Committee on Nat- Cardoza Kelly Rooney Jackson Lee Pallone Van Hollen ural Resources with instructions to report Carter King (IA) Ros-Lehtinen (TX) Pascrell Vela´ zquez the same back to the House forthwith with Cassidy King (NY) Roskam Johnson (GA) Pastor (AZ) Visclosky the following amendment: Chabot Kingston Ross (AR) Johnson, E. B. Pelosi Walz (MN) Add at the end the following: Chaffetz Kinzinger (IL) Ross (FL) Kaptur Perlmutter Wasserman Coble Kissell Royce Keating Peters Schultz TITLE ll—MISCELLANEOUS PROVISIONS Coffman (CO) Kline Ryan (WI) Kildee Pingree (ME) Waters SEC. ll. RESTRICTION ON PERMITS AND Cole Labrador Scalise Kind Price (NC) Watt LEASES FOR THE GREAT LAKES AND Conaway Lamborn Schilling Kucinich Quigley Waxman THE FLORIDA EVERGLADES. Costa Lance Schmidt Langevin Rahall Welch No Federal or State permit or lease shall Cravaack Landry Schock Larsen (WA) Reyes Wilson (FL) be issued for new oil and gas slant, direc- Crawford Lankford Schweikert Larson (CT) Richmond Woolsey tional, or offshore drilling in, under, or with- Lee (CA) Rothman (NJ) Yarmuth Crenshaw Latham Scott (SC) in 5 miles of any of the Great Lakes or the Culberson LaTourette Scott, Austin NOT VOTING—12 Davis (KY) Latta Sensenbrenner Florida Everglades. Denham Lewis (CA) Sessions Austria Johnson (IL) Rangel The SPEAKER pro tempore. The gen- Dent Long Shimkus Bono Mack Mack Sanchez, Loretta tlewoman from Florida is recognized DesJarlais Lucas Shuster Campbell Paul Serrano Diaz-Balart Luetkemeyer Simpson Cleaver Payne Shuler for 5 minutes. Donnelly (IN) Lummis Smith (NE) Ms. CASTOR of Florida. Thank you, ANNOUNCEMENT BY THE ACTING CHAIR Dreier Lungren, Daniel Smith (TX) Mr. Speaker. The Acting CHAIR (during the vote). Duffy E. Southerland Mr. Speaker, the Republican leader- Duncan (SC) Manzullo Stearns There are 30 seconds remaining. Duncan (TN) Marchant Stivers ship’s transportation package is a dead Ellmers Marino Stutzman b 1746 end. It is being panned by businesses, Emerson Matheson Sullivan Mr. CARNAHAN changed his vote Democrats and Republicans alike. Farenthold McCarthy (CA) Terry Fincher McCaul Thompson (PA) from ‘‘aye’’ to ‘‘no.’’ What we will vote on next is the Re- Fitzpatrick McClintock Thornberry So the amendment was agreed to. publican funding portion of the pack- Flake McCotter Tiberi The result of the vote was announced age and it is a little bit different. Fleischmann McHenry Tipton as above recorded. See, this is a special story. In fact, it Fleming McIntyre Turner (NY) Flores McKeon Turner (OH) PERSONAL EXPLANATION is a love story, the love story of a Forbes McKinley Upton Mr. JOHNSON of Illinois. Mr. Chair, on roll- breathtaking display of affection of Big Fortenberry McMorris Walberg call No. 69, on the Labrador amendment, I Oil by the Republican party. The bill is Foxx Rodgers Walden a special Valentine, a love letter of the Franks (AZ) Meehan Walsh (IL) was detained off the floor talking with constitu- Frelinghuysen Mica Webster ents. Had I been present, I would have voted Republicans’ undying devotion to Big Gallegly Miller (FL) West ‘‘present.’’ Oil. No others compare. Gardner Miller (MI) Westmoreland The Acting CHAIR. There being no b 1750 Garrett Miller, Gary Whitfield further amendments, under the rule, Gerlach Mulvaney Wilson (SC) The problem is that, with the Repub- Gibbs Murphy (PA) Wittman the Committee rises. Gibson Myrick Wolf Accordingly, the Committee rose; lican congressional leaders’ blind pas- Gingrey (GA) Neugebauer Womack and the Speaker pro tempore (Mr. sion for Big Oil, they correspondingly Gohmert Noem Woodall ODER demonstrate an animosity to American Goodlatte Nugent Yoder Y ) having assumed the chair, Mr. Gosar Nunes Young (AK) WOODALL, Acting Chair of the Com- families and businesses. See, it’s been Gowdy Nunnelee Young (FL) mittee of the Whole House on the state less than 2 years since the BP Deep- Granger Olson Young (IN) of the Union, reported that that Com- water Horizon disaster, and the Repub- mittee, having had under consideration licans in Congress now propose to drill NOES—177 the bill (H.R. 3408) to set clear rules for for oil just about anywhere. Ackerman Capuano Critz the development of United States oil Have safety measures been adopted Altmire Carnahan Crowley Amash Carney Cuellar shale resources, to promote shale tech- by this Congress? No. Do they recog- Andrews Carson (IN) Cummings nology research and development, and nize that there are special places Baca Castor (FL) Davis (CA) for other purposes, and, pursuant to across America that are not appro- Baldwin Chandler Davis (IL) priate for oil drilling? Not really. Bass (CA) Chu DeFazio House Resolution 547, reported the bill, Becerra Cicilline DeGette as amended by that resolution, back to For example, the bill would allow Berkley Clarke (MI) DeLauro the House with sundry further amend- drilling right off of the beaches of Flor- Berman Clarke (NY) Deutch ments adopted in the Committee of the ida. Florida’s tourism industry, mean- Bishop (NY) Clay Dicks Blumenauer Clyburn Dingell Whole. while, employs more than 1 million Bonamici Cohen Doggett The SPEAKER pro tempore. Under people. Tourism and fishing are multi- Brady (PA) Connolly (VA) Dold the rule, the previous question is or- billion-dollar industries. Drilling closer Braley (IA) Conyers Doyle to our shores puts those jobs at risk. Brown (FL) Cooper Edwards dered. Butterfield Costello Ellison Is a separate vote demanded on any Yet that’s what the Republicans pro- Capps Courtney Engel further amendment reported from the pose here. And for what? The CBO says

VerDate Mar 15 2010 05:05 Feb 17, 2012 Jkt 019060 PO 00000 Frm 00080 Fmt 4634 Sfmt 0634 E:\CR\FM\A16FE7.048 H16FEPT1 jbell on DSK7SPTVN1PROD with HOUSE February 16, 2012 CONGRESSIONAL RECORD — HOUSE H885 that if you drill off the coast of Flor- Well, enough is enough. We are not A recorded vote was ordered. ida, that will generate $100 million. Bil- going to turn the Great Lakes into the The SPEAKER pro tempore. Pursu- lion dollars in industry and tourism ‘‘Okay Lakes,’’ and we’re not going to ant to clause 8 and clause 9 of rule XX, and fishing or $100 million? turn the Everglades into the this 15-minute vote on the motion to BP decimated the gulf coast and ‘‘Neverglades.’’ The Great Lakes and recommit will be followed by 5-minute caused billions of dollars of damage to Everglades are not just environmental votes on passage of the bill, if ordered; our economy and our environment. The treasures; they are the lifeblood of our and approval of the Journal, if ordered. disaster is estimated to have cost the local economies. The Great Lakes and The vote was taken by electronic de- State of Florida, alone, $2.2 billion and Everglades employ many Americans vice, and there were—ayes 176, noes 241, almost 40,000 jobs. who work in tourism, lodging, fishing, not voting 16, as follows: ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE and ecological industries. [Roll No. 70] The SPEAKER pro tempore. Mem- I urge my colleagues not to play an AYES—176 enabling role in this tawdry love affair bers are reminded not to traffic the Ackerman Grijalva Owens well when other Members are under between most Republicans in Congress Altmire Gutierrez Pallone recognition. and Big Oil. Andrews Hahn Pascrell Ms. CASTOR of Florida. Mr. Speaker, Vote ‘‘yes’’ on this motion and pledge Baca Hanabusa Pastor (AZ) the Republican love letter to Big Oil your devotion to our great Nation Baldwin Hastings (FL) Pelosi Bass (CA) Heinrich Perlmutter could be the kiss of death for small rather than Big Oil. Becerra Higgins Peters businesses, hotels, motels, shrimpers, I yield back the balance of my time. Berkley Himes Pingree (ME) fishermen, and families that rely on Mr. HASTINGS of Washington. Mr. Berman Hinchey Polis Bishop (GA) Hinojosa tourism, and that’s just in the State of Speaker, I rise in opposition to the mo- Posey Bishop (NY) Hirono Price (NC) Florida. This bill puts too many jobs at tion to recommit. Blumenauer Hochul Quigley risk in a misguided, love-struck at- The SPEAKER pro tempore. The gen- Bonamici Holden Rahall tleman is recognized for 5 minutes. Brady (PA) Holt Reyes tempt to allow Big Oil to drill just Braley (IA) Hoyer about anywhere, including unique and Mr. HASTINGS of Washington. Mr. Richardson Brown (FL) Inslee Richmond Speaker, this is one more example Capps Israel sensitive areas all across America. Rothman (NJ) Capuano Jackson (IL) Republican leadership has made it where the other side is playing politics Roybal-Allard Cardoza Jackson Lee with American energy and American Ruppersberger abundantly clear they are willing to Carnahan (TX) Rush sell America to the highest bidder. job creation. Carney Johnson (GA) Ryan (OH) Carson (IN) Johnson, E. B. Well, I’m here to say America is not for At a time, Mr. Speaker, when Iran is Sa´ nchez, Linda Castor (FL) Kaptur threatening a global energy meltdown, T. sale. Chandler Keating Sarbanes Is nothing sacred in this country the Middle East is undergoing numer- Cicilline Kildee Schakowsky anymore? Is nothing off limits? How ous uprisings, China’s thirst for oil is Clarke (MI) Kind Schiff Clay Kissell about Mount Vernon, George Washing- growing and our consumers are facing Schrader rising prices at the pump, it’s time to Clyburn Kucinich ton’s home? Would we drill there if Big Cohen Langevin Schwartz Oil could make a few bucks? How about secure our own future with American- Connolly (VA) Larsen (WA) Scott (VA) made energy. Conyers Larson (CT) Scott, David Gettysburg National Battlefield? I hear Serrano there may be some natural gas nearby. The other side talks about energy se- Cooper Lee (CA) Costello Levin Sewell Why not check Grandma and Grandpa’s curity. This legislation, the underlying Courtney Lewis (GA) Sherman backyard. You’re already trying to legislation, offers real opportunity to Critz Lipinski Sires expand our domestic energy production Crowley Loebsack Slaughter take away their Medicare, so why stop Smith (WA) and secure our Nation. Cummings Lofgren, Zoe there? Davis (CA) Lowey Speier There are places in America that are The other side talks about Federal Davis (IL) Luja´ n Stark not for sale and should be protected, revenue. This legislation would bring DeFazio Lynch Sutton in billions of dollars to the Federal and DeGette Maloney Thompson (CA) and my amendment provides a test. Thompson (MS) State governments and bring tens of DeLauro Markey Here’s the test: Deutch Matsui Tierney I pick two special areas to put to the billions of dollars of investment into Dicks McCarthy (NY) Tonko test in this Congress. My amendment this country. Dingell McCollum Towns Tsongas will prevent drilling within 5 miles of Most importantly, Mr. Speaker, Doggett McDermott Donnelly (IN) McGovern Van Hollen any of the Great Lakes or the Ever- while the other side talks about cre- Doyle McIntyre Vela´ zquez glades. ating jobs for Americans, this legisla- Edwards McNerney Visclosky Now, don’t get me wrong, we must tion will create hundreds of thousands Ellison Meeks Walz (MN) of good-paying jobs for American work- Engel Michaud Wasserman have robust domestic oil production— Eshoo Miller (NC) Schultz in fact, that is happening now. We are ers. And while the other side cheapens Farr Miller, George Waters currently producing in America at these jobs by calling them temporary, Fattah Moore Watt higher levels than ever before. We have we call these jobs what they really Filner Moran Waxman Frank (MA) Murphy (CT) Webster more domestic production than we im- are—American jobs. Fudge Nadler Welch port. Last year, U.S. crude oil produc- The underlying legislation sets out a Garamendi Napolitano Wilson (FL) tion reached its highest level since commonsense action plan to secure our Gonzalez Neal Woolsey 2003. And the Obama administration future, create jobs, and increase Fed- Green, Al Olver Yarmuth has offered and continues to offer mil- eral revenue and investment into this NOES—241 lions of acres of public lands and Fed- country. Oppose this motion to recom- Adams Bonner Coble eral waters for oil and gas exploration mit and vote ‘‘no,’’ and vote ‘‘yes’’ on Aderholt Boren Coffman (CO) the underlying legislation. Akin Boswell Cole and production. Alexander Boustany Conaway In 2010, the Department of the Inte- Mr. Speaker, I yield back the balance Amash Brady (TX) Costa rior offered 37 million acres in the Gulf of my time. Amodei Brooks Cravaack of Mexico for oil and gas exploration, The SPEAKER pro tempore. Without Bachmann Broun (GA) Crawford objection, the previous question is or- Bachus Buchanan Crenshaw but the oil companies have only tapped Barletta Bucshon Cuellar 2.4 million acres. So why are we going dered on the motion to recommit. Barrow Buerkle Culberson to open up even more public lands for There was no objection. Bartlett Burgess Davis (KY) drilling when we haven’t even used The SPEAKER pro tempore. The Barton (TX) Burton (IN) Denham Bass (NH) Calvert Dent one-fifteenth of what’s available? It’s a question is on the motion to recommit. Benishek Camp DesJarlais love story. It’s a love story. The question was taken; and the Berg Canseco Diaz-Balart Last year, although Exxon made $41 Speaker pro tempore announced that Biggert Cantor Dold the noes appeared to have it. Bilbray Capito Dreier billion, BP made over $25 billion, the Bilirakis Carter Duffy Republicans saw to it that American RECORDED VOTE Bishop (UT) Cassidy Duncan (SC) taxpayers chipped in another $10 bil- Ms. CASTOR of Florida. Mr. Speaker, Black Chabot Duncan (TN) lion from 2002 to 2008. I demand a recorded vote. Blackburn Chaffetz Ellmers

VerDate Mar 15 2010 05:05 Feb 17, 2012 Jkt 019060 PO 00000 Frm 00081 Fmt 4634 Sfmt 0634 E:\CR\FM\K16FE7.080 H16FEPT1 jbell on DSK7SPTVN1PROD with HOUSE H886 CONGRESSIONAL RECORD — HOUSE February 16, 2012 Emerson Kinzinger (IL) Rigell [Roll No. 71] Davis (IL) Kucinich Rivera Farenthold Kline Rivera DeFazio Langevin Ros-Lehtinen Fincher Labrador Roby AYES—237 DeGette Larsen (WA) Rothman (NJ) Fitzpatrick Lamborn Roe (TN) Aderholt Gingrey (GA) Myrick DeLauro Larson (CT) Roybal-Allard Flake Lance Rogers (AL) Akin Gohmert Neugebauer Deutch Lee (CA) Ruppersberger Fleischmann Landry Rogers (KY) Alexander Goodlatte Noem Diaz-Balart Levin Rush Fleming Lankford Rogers (MI) Altmire Gosar Nunes Dicks Lewis (GA) Ryan (OH) Flores Latham Rohrabacher Amash Gowdy Nunnelee Dingell Lipinski Sa´ nchez, Linda Forbes LaTourette Rokita Amodei Granger Olson Doggett LoBiondo T. Fortenberry Latta Rooney Bachmann Graves (GA) Owens Dold Loebsack Sarbanes Foxx Lewis (CA) Doyle Lofgren, Zoe Ros-Lehtinen Bachus Graves (MO) Palazzo Schakowsky Franks (AZ) LoBiondo Edwards Lowey Roskam Barletta Green, Al Pearce Schiff Frelinghuysen Long Ellison Luja´ n Ross (AR) Barrow Green, Gene Pence Schrader Gallegly Lucas Engel Lynch Ross (FL) Bartlett Griffin (AR) Peterson Gardner Luetkemeyer Eshoo Maloney Schwartz Royce Barton (TX) Griffith (VA) Petri Garrett Lummis Farr Markey Scott (VA) Runyan Benishek Grimm Pitts Gerlach Manzullo Fattah Matsui Scott, David Ryan (WI) Berg Guinta Platts Gibbs Marchant Filner McCarthy (NY) Serrano Scalise Biggert Guthrie Poe (TX) Gibson Marino Frank (MA) McCollum Sewell Schilling Bishop (GA) Hall Pompeo Gingrey (GA) Matheson Frelinghuysen McDermott Sherman Schmidt Bishop (UT) Hanna Posey Gohmert McCarthy (CA) Fudge McGovern Sires Schock Black Harper Price (GA) Goodlatte McCaul Garamendi McNerney Slaughter Schweikert Blackburn Harris Quayle Gosar McClintock Gonzalez Meeks Smith (NJ) Scott (SC) Boehner Hartzler Reed Gowdy McCotter Grijalva Michaud Smith (WA) Scott, Austin Bonner Hastings (WA) Rehberg Granger McHenry Gutierrez Miller (FL) Southerland Sensenbrenner Boren Heck Renacci Graves (GA) McKeon Hahn Miller (NC) Speier Sessions Boswell Hensarling Ribble Graves (MO) McKinley Hanabusa Miller, George Stark Shimkus Boustany Herger Richmond Green, Gene McMorris Hastings (FL) Moore Sutton Shuster Brady (TX) Herrera Beutler Rigell Griffin (AR) Rodgers Hayworth Moran Thompson (CA) Simpson Brooks Hinojosa Roby Griffith (VA) Meehan Broun (GA) Hochul Heinrich Murphy (CT) Thompson (MS) Grimm Mica Smith (NE) Roe (TN) Higgins Nadler Smith (NJ) Bucshon Huelskamp Rogers (AL) Tierney Guinta Miller (FL) Buerkle Huizenga (MI) Himes Napolitano Tonko Guthrie Miller (MI) Southerland Rogers (KY) Hinchey Neal Stearns Burgess Hultgren Rogers (MI) Towns Hall Miller, Gary Burton (IN) Hunter Hirono Nugent Stivers Rohrabacher Tsongas Hanna Mulvaney Calvert Hurt Holden Olver Stutzman Rokita Van Hollen Harper Murphy (PA) Camp Issa Holt Pallone Sullivan Rooney Vela´ zquez Harris Myrick Canseco Jenkins Honda Pascrell Terry Roskam Visclosky Hartzler Neugebauer Cantor Johnson (OH) Hoyer Pastor (AZ) Thompson (PA) Ross (AR) Walz (MN) Hastings (WA) Noem Capito Johnson, Sam Inslee Paulsen Thornberry Ross (FL) Wasserman Hayworth Nugent Carter Jones Israel Pelosi Tiberi Royce Schultz Heck Nunes Cassidy Jordan Jackson (IL) Perlmutter Tipton Runyan Waters Hensarling Nunnelee Chabot Kelly Jackson Lee Peters Turner (NY) Ryan (WI) Watt Herger Olson Chaffetz King (IA) (TX) Pingree (ME) Turner (OH) Scalise Waxman Herrera Beutler Palazzo Coble King (NY) Johnson (GA) Polis Upton Schilling Welch Huelskamp Paulsen Coffman (CO) Kingston Johnson (IL) Price (NC) Walberg West Huizenga (MI) Pearce Cole Kinzinger (IL) Schmidt Johnson, E. B. Quigley Walden Hultgren Pence Conaway Kissell Schock Kaptur Rahall Wilson (FL) Walsh (IL) Hunter Peterson Cooper Kline Schweikert Keating Reichert Woolsey West Hurt Petri Costa Labrador Scott (SC) Kildee Reyes Yarmuth Westmoreland Issa Pitts Cravaack Lamborn Scott, Austin Kind Richardson Young (FL) Jenkins Platts Whitfield Sensenbrenner Crawford Lance NOT VOTING—10 Johnson (IL) Poe (TX) Wilson (SC) Crenshaw Landry Sessions Johnson (OH) Pompeo Wittman Critz Lankford Shimkus Austria Mack Sanchez, Loretta Johnson, Sam Price (GA) Wolf Cuellar Latham Shuster Bono Mack Paul Shuler Jones Quayle Womack Culberson LaTourette Simpson Campbell Payne Jordan Reed Woodall Davis (KY) Latta Smith (NE) Cleaver Rangel Kelly Rehberg Yoder Denham Lewis (CA) Smith (TX) King (IA) Reichert Young (AK) Dent Long Stearns ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE King (NY) Renacci Young (FL) DesJarlais Lucas Stivers The SPEAKER pro tempore (during Kingston Ribble Young (IN) Donnelly (IN) Luetkemeyer Stutzman the vote). There is 1 minute remaining. Dreier Lummis Sullivan NOT VOTING—16 Duffy Lungren, Daniel Terry Austria Cleaver Payne Duncan (SC) E. Thompson (PA) b 1820 Thornberry Bono Mack Honda Rangel Duncan (TN) Manzullo So the bill was passed. Butterfield Lungren, Daniel Sanchez, Loretta Ellmers Marchant Tiberi Campbell E. Shuler Emerson Marino Tipton The result of the vote was announced Chu Mack Smith (TX) Farenthold Matheson Turner (NY) as above recorded. Clarke (NY) Paul Fincher McCarthy (CA) Turner (OH) A motion to reconsider was laid on Fitzpatrick McCaul Upton Flake McClintock Walberg the table. b 1814 Fleischmann McCotter Walden Fleming McHenry Walsh (IL) f Mr. CRAWFORD changed his vote Flores McIntyre Webster from ‘‘aye’’ to ‘‘no.’’ Forbes McKeon Westmoreland THE JOURNAL Fortenberry McKinley Whitfield So the motion to recommit was re- Foxx McMorris Wilson (SC) The SPEAKER pro tempore. The un- jected. Franks (AZ) Rodgers Wittman finished business is the question on The result of the vote was announced Gallegly Meehan Wolf Gardner Mica Womack agreeing to the Speaker’s approval of as above recorded. Garrett Miller (MI) Woodall the Journal, which the Chair will put The SPEAKER pro tempore. The Gerlach Miller, Gary Yoder de novo. question is on the passage of the bill. Gibbs Mulvaney Young (AK) Gibson Murphy (PA) Young (IN) The question is on the Speaker’s ap- The question was taken; and the proval of the Journal. Speaker pro tempore announced that NOES—187 Pursuant to clause 1, rule I, the Jour- the ayes appeared to have it. Ackerman Bonamici Chu nal stands approved. Adams Brady (PA) Cicilline RECORDED VOTE Andrews Braley (IA) Clarke (MI) f Mr. MARKEY. Mr. Speaker, I demand Baca Brown (FL) Clarke (NY) Baldwin Buchanan Clay a recorded vote. Bass (CA) Butterfield Clyburn RESIGNATION AS MEMBER OF A recorded vote was ordered. Bass (NH) Capps Cohen COMMITTEE ON HOMELAND SE- Becerra Capuano Connolly (VA) CURITY The SPEAKER pro tempore. This Berkley Cardoza Conyers will be a 5-minute vote. Berman Carnahan Costello The SPEAKER pro tempore laid be- The vote was taken by electronic de- Bilbray Carney Courtney fore the House the following resigna- Bilirakis Carson (IN) Crowley vice, and there were—ayes 237, noes 187, Bishop (NY) Castor (FL) Cummings tion as a member of the Committee on not voting 10, as follows: Blumenauer Chandler Davis (CA) Homeland Security:

VerDate Mar 15 2010 05:05 Feb 17, 2012 Jkt 019060 PO 00000 Frm 00082 Fmt 4634 Sfmt 0634 E:\CR\FM\A16FE7.056 H16FEPT1 jbell on DSK7SPTVN1PROD with HOUSE February 16, 2012 CONGRESSIONAL RECORD — HOUSE H887 CONGRESS OF THE UNITED STATES, The Clerk read the resolution, as fol- consciences. In 2001, President Bush es- HOUSE OF REPRESENTATIVES, lows: tablished the Office of Faith-Based and Washington, DC, February 16, 2012. H. RES. 553 Community Initiatives to ‘‘encourage Hon. JOHN A. BOEHNER, faith-based programs without changing Speaker, House of Representatives, Resolved, That the following named Mem- Washington, DC. bers be and are hereby elected to the fol- their mission.’’ DEAR SPEAKER BOEHNER: I hereby respect- lowing standing committees of the House of But today, the Obama administra- fully submit my resignation from the Com- Representatives: tion’s policies threaten that funda- mittee on Homeland Security effective (1) COMMITTEE ON ARMED SERVICES.—Ms. mental freedom. President Obama’s today, February 16, 2012. I have accepted an Speier. new health care mandate, despite a assignment to the House Armed Services (2) COMMITTEE ON THE BUDGET.—Ms. flimsy, politically motivated, so-called Bonamici. Committee. ‘‘compromise,’’ forces religious organi- (3) COMMITTEE ON NATURAL RESOURCES.— If you and your staff should have any ques- zations to pay for contraceptives and tions or concerns, please feel free to contact Mr. Tonko. me at 202–225–3531. (4) COMMITTEE ON SCIENCE, SPACE, AND abortion-inducing drugs in their health All the best, TECHNOLOGY.—Ms. Bonamici. care plans. JACKIE SPEIER. The resolution was agreed to. So much for over 200 years of reli- The SPEAKER pro tempore. Without A motion to reconsider was laid on gious freedom. The mandate is an unprecedented act objection, the resignation is accepted. the table. of government trampling over the There was no objection. f deeply held beliefs of millions of Amer- f RELIGIOUS FREEDOM icans. I stand with my colleagues tonight in showing our united opposition RESIGNATION AS MEMBER OF (Mr. FLEMING asked and was given to any efforts by the Obama adminis- COMMITTEE ON THE BUDGET permission to address the House for 1 tration to flagrantly disregard deeply The SPEAKER pro tempore laid be- minute.) held religious beliefs. fore the House the following resigna- Mr. FLEMING. Mr. Speaker, Presi- I am a cosponsor of the Respect for tion as a member of the Committee on dent Obama’s mandate on abortion-in- Rights of Conscience Act, introduced the Budget: ducing drugs and contraceptive serv- by Representative JEFF FORTENBERRY CONGRESS OF THE UNITED STATES, ices has not gone away—I repeat—has of Nebraska, which would protect the HOUSE OF REPRESENTATIVES, not gone away. It has not been settled. rights of conscience for faith-based or- Washington, DC, February 16, 2012. There is no compromise. The adminis- ganizations and would leave Federal Hon. JOHN BOEHNER, tration’s assault on the First Amend- Speaker, House of Representatives, law where it was before the President’s ment continues. The deeply held beliefs divisive health care plan was passed. Washington, DC. of people who oppose abortifacients are DEAR SPEAKER BOEHNER: I resign my posi- A number of Representatives from tion on the House Committee on the Budget, still under attack. around the country are very troubled effective today, Thursday, February 16, 2012. Let’s be clear. The President remains by this unprecedented government in- Sincerely, as determined as ever to force insur- trusion into the First Amendment PAUL D. TONKO, ance companies and their customers to right of freedom of religion. We are Member of Congress. pay for services which defy the moral going to take the next 60 minutes to The SPEAKER pro tempore. Without fiber of their beings and which are con- explore just how wrong this decision objection, the resignation is accepted. trary to religious beliefs and sacred was, how meaningless the so-called There was no objection. teachings. ‘‘compromise’’ is, and how vital to our f Let me be clear. Despite what you country freedom of religion is today. have heard, no rules have changed. At this point, I would like to yield to COMMUNICATION FROM THE HON- There has been no accommodation. the courageous sponsor of the Respect ORABLE JOHN D. DINGELL, MEM- President Obama is simply hoping to for Rights of Conscience Act, Rep- BER OF CONGRESS cover this issue with a smokescreen to resentative FORTENBERRY of Nebraska. The SPEAKER pro tempore laid be- push it past Election Day so he can Mr. FORTENBERRY. First of all, let fore the House the following commu- still get his way. me thank the gentleman from Colorado nication from the Honorable JOHN D. That’s why this Congress needs to for his leadership in holding this dis- DINGELL, Member of Congress: act—and act right now—to put in place cussion tonight. This is a very impor- CONGRESS OF THE UNITED STATES, conscience protections that the admin- tant discussion because it is about a HOUSE OF REPRESENTATIVES, istration cannot violate. We need to fundamental American principle. Washington, DC, January 10, 2012. safeguard our religious liberties As you mentioned, over a year ago, Hon. JOHN A. BOEHNER, against these attacks by the Obama ad- we actually began work on the Respect Speaker, House of Representatives, ministration. for Rights of Conscience Act in antici- Washington, DC. pation that the new health care law DEAR MR. SPEAKER: This is to notify you f may actually be used to undermine re- formally pursuant to rule VIII of the Rules RELIGIOUS FREEDOM of the House of Representatives that I have ligious freedom and the moral pre- been served with a subpoena, issued by the The SPEAKER pro tempore (Mr. cepts, the deeply held beliefs, of many United States District Court for the Eastern HANNA). Under the Speaker’s an- Americans in this country. District of New York, to produce documents nounced policy of January 5, 2011, the You had mentioned that this par- in a criminal case. gentleman from Colorado (Mr. LAM- ticular bill—hopefully, we’ll get it After consultation with the Office of Gen- BORN) is recognized for 60 minutes as through this House soon, and there is a eral Counsel, I have determined that compliance with the subpoena is inconsistent with the designee of the majority leader. companion measure, by the way, in the the precedents and privileges of the House. Mr. LAMBORN. Thank you, Mr. Senate—would not only protect faith- Sincerely, Speaker. based organizations, which seem to be JOHN D. DINGELL, America has a long history of reli- most perniciously targeted by this new Member of Congress. gious freedom. HHS mandate from the strong arm of f In the 17th century, colonists fled to government, which is forcing them to what would become the United States pay for drugs and procedures that may ELECTING MEMBERS TO CERTAIN of America in search of religious free- violate their ethics norms, but it would STANDING COMMITTEES OF THE dom. In 1789, Congress drafted the First also protect all Americans because, HOUSE OF REPRESENTATIVES Amendment, ensuring the right to the right now, these institutions, as well as Mr. LARSON of Connecticut. Mr. free exercise of religion. Throughout other people of good will, are being Speaker, by direction of the Demo- the 20th century, the Supreme Court asked to choose: to follow your deeply cratic Caucus, I offer a privileged reso- has repeatedly upheld the rights of in- held, reasoned beliefs or to obey Presi- lution and ask for its immediate con- dividuals to practice their religions ac- dent Obama and Secretary of Health sideration. cording to the dictates of their own and Human Services Kathleen Sebelius’

VerDate Mar 15 2010 06:47 Feb 17, 2012 Jkt 019060 PO 00000 Frm 00083 Fmt 4634 Sfmt 0634 E:\CR\FM\A16FE7.068 H16FEPT1 jbell on DSK7SPTVN1PROD with HOUSE H888 CONGRESSIONAL RECORD — HOUSE February 16, 2012 new mandate, which is in violation of Mr. SCALISE. I thank my friend, the would face a $500,000 fine under this your conscience rights. gentleman from Colorado, for yielding rule. Even if the President gave a press That’s a false choice. and for taking the lead on this hour conference, you can’t go to court and That’s un-American. dedicated to standing up for religious That violates a deeply held principle say, Look, I’m not going to comply freedom. with this rule, because they’re going to of this country, namely religious lib- I also thank my colleague from Ne- erty, which we have held so dear say, Well, you have to comply; it’s the braska (Mr. FORTENBERRY) for his lead- throughout our history. law. And they will say, Oh, but the ership and for bringing forth legisla- President gave a speech saying I don’t b 1830 tion, of which I am a proud cosponsor, have to. It’s still in the rule. The Respect for Rights of Conscience that would repeal the decision that Act really does one simple thing: It re- President Obama came down with that Again, any President who thinks that stores us to where we were a year and is an attack on religious freedom. he has the power to issue accommoda- a half ago before the new health care As a Catholic who attends church, tions to the Bill of Rights is a Presi- law came into being, and it would pre- it’s rare when you see a Catholic priest dent who thinks he’s got the ability to vent things such as this new mandate, talking from the pulpit, calling on the take away that Bill of Rights. He which is an intrusion of government parishioners to call Congress, to con- doesn’t have that. And that’s why I’m into the faith life of many Americans, tact Congress about any issue. Yet I so proud to stand here with my col- from ever happening. want to applaud the Catholic bishops league from Colorado and so many oth- Again, I’m very pleased for your will- who have been so vocal in helping bring ers that have stood up and said, we are ingness to hold this hour of discussion this issue to light, for standing up and going to stand up and defend those reli- with fellow Members. It is a bipartisan saying, This is something that we will gious freedoms that are so precious, bill, by the way. There are Democrats not comply with because it violates our not just for religious organizations, but and Republicans on this bill. It is a bi- own religious beliefs. cameral bill. There are over 200 House The beauty of the Constitution—and for all Americans, as is called for in the Members who have cosponsored this especially when you look at the Bill of Bill of Rights. So it’s an important bill 200, Democrats and Republicans; Rights—are the rights that it lays out issue that we need to keep fighting for and there are 37 Members on the com- to all Americans. And when you read because this is all a component of the panion piece in the United States Sen- that First Amendment, there is a rea- President’s health care law. ate, dropped by my friend Senator ROY son why freedom of religion is included I remember back in those days when BLUNT from Missouri. In fact, Senator in the First Amendment placed in the the President stood right here on this BLUNT has offered this as potential Bill of Rights, because our Founders House floor at that podium and he amendments to must-pass legislation believed it was a right that was handed looked at all Members of Congress and in the other body. We haven’t seen that down to us from God through our he said, If you like what you have, you go through yet. Founding Fathers and that it was given can keep it. Do you remember that? All So there is tremendous momentum to all American citizens. Americans heard that. Time and time for this piece of legislation because it’s But yet the President came out with again, the President said, If you like not about politics. It’s not about par- this ruling, and he says, Well, we’ll tai- the health insurance you have, you can tisanship. It’s about a principle, a fun- lor a little exemption just for places of keep it. Guess what: With this ruling, damental American principle: the worship. Not religious organizations, he broke that promise he made to the rights of conscience and religious lib- just places of worship. And everybody American people because if you’re a re- erty, as applied in health care. else, they’re on their own. They’ve got ligious organization and you like the I’m pleased by the outpouring of sup- religious beliefs that—they don’t want port from Members of both sides of the to have to pay for abortion-inducing fact that you don’t have to provide— aisle here. I think that is due to the in- drugs, for example, which the Presi- and you are not going to provide—abor- tensity of concern across America dent mandated. Then the President ba- tion-inducing drugs because it violates about how this time, the government sically said, No, you have to do this, your own conscience, the President is has gone too far. even if it violates your religious be- now saying, You can’t keep it. You Again, I appreciate your willingness liefs. That violates the First Amend- have to abide by my ruling. That goes to hold a good conversation tonight on ment of the Constitution. It violates against the will. And if you are a reli- this fundamental principle of religious the Bill of Rights. No President has the gious organization that is self-insured, liberty and the rights of conscience for ability to violate the Bill of Rights, they’re left out of this too. all Americans. Mr. LAMBORN. Thank you. And I do those constitutional rights we have. There are so many problems with And then the President, just a few want to applaud Representative FOR- this. I’m glad that they’re fighting it days ago, came out with what he called TENBERRY of Lincoln, Nebraska, for in the courts. But the bottom line is, ‘‘an accommodation,’’ an accommoda- this courageous move that he has they shouldn’t have to go to the court tion where he said, Okay, we’ll carve taken, for being a leader on this impor- to defend the First Amendment. That out a little more exception. It still tant issue of protecting the rights of should be something that’s sacrosanct. doesn’t apply to an employer, for ex- the conscience for Americans. I thank The President shouldn’t be trying to ample, that has those same religious you for your leadership on this issue. violate and attack our religious free- beliefs, so we’ll carve out an exemp- Mr. FORTENBERRY. Well, I appre- doms. ciate it. I hope that we continue to tion. Well, guess what? After the President I appreciate the gentleman for his hold more conversations about this be- carved out that exemption, so to speak, leadership tonight. cause America needs to know. America they actually issued a final rule. This is already speaking. And that is evi- Mr. LAMBORN. I thank the gen- is the final rule from the Obama ad- dent in the number of Members who tleman for making his remarks. ministration after he gave a press con- are deeply interested in this bill. And he mentioned Colorado Christian Mr. LAMBORN. And I can certainly ference, a political speech. And in the final rule, it says, ‘‘These regulations University. The president of that fine count that 200 Members is close to the institution is former U.S. Senator Bill magic number of 218, which is 50 per- finalize, without change, interim final regulations.’’ In other words, they Armstrong, who served Colorado both cent of the House. Likewise, 37 is get- in the U.S. House and in the U.S. Sen- ting close to the magic number of 50 didn’t even put any of the things from the President’s press conference where ate in such a distinguished manner. needed over in the Senate. So you’re And that is not necessarily a Catholic doing great work. And I appreciate he said he was going to give accom- institution. It’s more of a Protestant that, and many Americans appreciate modations. None of that is in the final evangelical institution, although peo- your work. rule. Mr. FORTENBERRY. Thank you The final rule still says, if you’re a ple of different Christian backgrounds very much. Catholic school, for example, or a attend there. But this shows that it’s Mr. LAMBORN. At this point, I yield Catholic Church—and I know Colorado not strictly a ‘‘Catholic’’ issue. All peo- to the gentleman from Louisiana, Christian University is one of the ple of faith are concerned about viola- STEVE SCALISE. plaintiffs in a lawsuit because they tions of conscience.

VerDate Mar 15 2010 06:47 Feb 17, 2012 Jkt 019060 PO 00000 Frm 00084 Fmt 4634 Sfmt 0634 E:\CR\FM\K16FE7.089 H16FEPT1 jbell on DSK7SPTVN1PROD with HOUSE February 16, 2012 CONGRESSIONAL RECORD — HOUSE H889 You see here this quote from Martin gious Freedom Restoration Act passed You will now force them to violate Luther King. February is Black His- in this Congress two decades ago. It ob- their conscience or pay a $2,000 per per- tory Month. And I think it’s appro- viously violates the First Amendment son fine. priate to look at what he said. He said, Free Exercise Clause because it does I want to thank the Representative There comes a time when one must place a substantial burden on individ- from Colorado for bringing this point take a position that is neither safe nor uals who choose to exercise religious up tonight, reminding the American politic nor popular but because con- belief. That’s all they’re doing. We public to pay attention to the debate. science tells one it is right. He pointed have made it an effective crime to hold Go look at that final rule and under- to the need to listen to our consciences a certain religious belief that this ad- stand that we’re in the same situation when deciding matters of great impor- ministration disagrees with. That’s not as we were last week with a violation tance. And Martin Luther King left a America. That describes a whole lot of of religious liberty that we should great legacy for this country, and his other countries in the world, but it never tolerate. respect for the conscience of the indi- doesn’t describe America. Mr. LAMBORN. I thank the gen- vidual is one of those marks of his leg- It violates the First Amendment free tleman from Maryland for his insight acy. exercise rights because it intentionally into this issue and his comments. I now yield to my colleague and discriminates—intentionally discrimi- A couple of organizational things friend, the gentleman from Maryland. nates—against religious beliefs. It im- just very quickly. Because of the keen Mr. HARRIS. I thank the gentleman. poses requirements on some religions, interest to address this important Mr. Speaker, we have one of the most not on others. It picks winners and los- issue, we’re going to ask for a 4-minute serious assaults on religious liberty in ers. That’s exactly what the First timeframe for each speaker, and there American history. The President’s Amendment was meant not to do. are several that I need to take out of rule, finalized last Friday, in its un- And, Mr. Speaker, it’s not going to be the rough order that we have to accom- changed form, as we just heard, vio- adequate if we just extend it to reli- modate tight schedules. lates the individual rights to religious gious organizations because, I remind So, as Mr. KELLY comes forward, I freedom that every American shares. you, the First Amendment is not about will read a quote here from John F. The Bill of Rights doesn’t pertain to groups or buildings or churches or any Kennedy. Let me read what John F. organizations. It wasn’t written for institutions; it’s about the ability of Kennedy said about conscience: groups. It was written for individuals, every American to not violate their I would not look with favor upon a Presi- every individual having the right to ex- dent working to subvert the First Amend- conscience. And if their conscience ercise their religious belief. The Presi- ment’s guarantee of religious liberty. says, It would be wrong for me to pro- dent’s rule not only restricts individ- What a powerful statement. vide insurance to an employee that uals, but it restricts everything except I now yield to the gentleman from would provide something that my reli- what exists between the walls of a Pennsylvania. gious belief disagrees with, who are we, church building. Mr. Speaker, that’s Mr. KELLY. I thank the gentleman. as the government, to step in and say, not what the First Amendment is Mr. Speaker, where I come from in You have to violate your religious be- about. western Pennsylvania, there’s an old liefs; and if you don’t, you pay a fine to saying that goes something like this: b 1840 the government. Fool me once, shame on you; fool me My parents, like many immigrants to That’s not the America we believe in. twice, shame on me. this country, fled countries where It never has been; hopefully, it never And I think that tonight, my col- those beliefs weren’t held. My parents will be. leagues and I come before you and came from communist countries where We know that the President’s final come before this House to talk about we don’t find it farfetched to believe rule, because we just heard it—and, Mr. some very egregious action that this that they would imprison, they would Speaker, you know, some people listen- administration has just taken. And for punish individuals for their religious ing to us will say, That’s not true; the President, who at one time was a beliefs. that’s not true. Go Google the final professor of constitutional law and who Let’s look at what the President’s rule and compare it to the rule last knows better, he relies on constitu- Affordable Care Act has turned into. summer, the final rule, issued hours tional convenience. When it’s conven- We knew and America knew when after the President claimed a com- ient, he follows the Constitution; when that bill was passed, because the pre- promise, and compare it with the in- it’s not, he follows what he wants to vious Speaker of the House said: We terim rule issued last summer. Not a do. And then he looks upon us, saying, just have to wait to pass it; we’ll find comma is different; not a comma was You just didn’t get it. Maybe I didn’t out what’s in it. Mr. Speaker, we are changed. The smoke and mirrors was: use the right words to frame it. finding out what’s in it, and America Don’t listen to what I say; don’t watch And so he takes policy that is hor- doesn’t like it, because what’s in it is my hands as I do this magic. rible policy, policy that is against our the ability, under the current rule, to Go and read the final rule. There was First Amendment, policy that restricts restrict individual religious freedom. not a single change. There was an ac- our free speech, restricts our freedom And if you choose to exercise your reli- counting gimmick. Americans under- of religion, and puts an onerous burden gious freedom, you are punished by the stand accounting gimmicks. That’s on people not to be able to choose what government with a fine. And it’s not why we’re in the fiscal mess we’re in, they want but what this administra- just a few dollars; it’s $2,000 per em- because Washington likes them. This tion wants. And he says, You know ployee. time the accounting gimmick attempts what? Let me take what I just told If an employer has deeply held reli- to override Americans’ religious con- you, put it in a little different box, a gious beliefs, deeply held, it’s not up to science, and you can’t do that. Ameri- little different color paper and put a the President or the Secretary of cans understand there’s no such thing little different bow around it, and this Health or anyone in the Federal bu- as free anything. Somebody pays for it. is what we’re going to use. reaucracy or government to decide if And if the government is going to man- And some people sit back and say, those are appropriate religious beliefs. date that an employer provide insur- Oh, my gosh, I’m so glad he was accom- Yet that is exactly what this rule does. ance that includes provisions that con- modating. That is not accommodating. It says if you don’t share their reli- flict with their conscience beliefs, this Now, I’m a Roman Catholic, and I gious beliefs or their beliefs in certain is an accounting gimmick to say that will tell you that for many, many types of health care, you are going to somebody else has to pay for the rest of months and for many years I have won- pay a fine to the government. Well, that insurance policy that you pro- dered why our religious leaders, the that sounds a lot like governments vided. Every American knows that’s people we look to for spiritual guid- where immigrants have fled from to not true. We know specifically for larg- ance, have been silent and have taken this country to share in the individual er institutions that self-insure, they a back seat and have let things happen religious belief. are the insurer. There is no other in- that they should not have let happen. Let’s go down the list of what this surance company. Large bodies, and if Bishop Zubik from Pittsburgh, final rule impairs. It violates the Reli- they happen to be religious, self-insure. Bishop Trautman from Erie, and my

VerDate Mar 15 2010 05:05 Feb 17, 2012 Jkt 019060 PO 00000 Frm 00085 Fmt 4634 Sfmt 0634 E:\CR\FM\K16FE7.091 H16FEPT1 jbell on DSK7SPTVN1PROD with HOUSE H890 CONGRESSIONAL RECORD — HOUSE February 16, 2012 priest, Father Steven Neff in Butler, fooled by the red herring that this ad- tion, the HHS Secretary who we talk have all spoken up from the pulpit, and ministration continues to throw out about, Kathleen Sebelius, began to give they have spoken very clearly about there. Mr. Speaker, this is not about waivers and said, well, it applies to this violation, and they have articu- contraception. This is not about wom- some groups and not others. If you hap- lated much better than any of us can. en’s health. This is not about Catholi- pen to know the Secretary or happen They have done it from the pulpit. cism. This is about protecting the most to be from the right district or happen They have done it in the papers. They fundamental right that we, as Ameri- to work for the right company, you can have done it on the radio and on the cans, have. find a waiver, and I remember speaking TV. The American people now know So many of my colleagues have men- out about it. What I didn’t anticipate what is going on. tioned about the reasons people came was having to ask a waiver to actually Fool me once, shame on you; fool me to this country and they continue to have your beliefs, still hold those in twice, shame on me. No way. want to come to this country, because America. Who would have thought that And we are here tonight because we we ensure that you will not be per- we’d have to get permission from the have had enough of an administration secuted for your beliefs, for your reli- President of the United States and his that continues to trample on our Con- gious beliefs. That’s the bedrock of the Secretary, Kathleen Sebelius, for per- stitution, marginalize it, and use it United States of America. That’s why mission to believe what I believe? only when it’s convenient. And when it there’s such outrage over this HHS That’s shocking. doesn’t meet their means, we talk rule. As I mentioned, I am a Catholic, and about constitutional niceties. We talk As my colleague from Maryland men- Pope Benedict XVI a few months ago about a Constitution that was well tioned, this rule has not been changed. said that freedom of religion is the written at the time, really doesn’t ad- Do not be fooled by the smoke and mir- most American of all freedoms. And I dress the needs of today. rors of this administration. This rule think about the thousands of folks that I would tell you that the needs of remains the same. It remains an as- have served in this Chamber, that have today have nothing to do with the sault on our First Amendment rights. I walked up here and fought for our free- needs of the American people, the plead with America and I plead with doms and spoke on the floor for them; rights of the American people, the free- the media to understand what’s at they would have never guessed that if dom of the American people in speech stake in this debate. you are of a particular group—in this or religion. It has to do with an admin- I thank my colleague again for this case, Catholic, and others that disagree istration that finds it a little too oner- opportunity. with this administration—you would ous for their agenda. Mr. LAMBORN. I thank the gentle- have to pay a fine to actually disagree So I thank the gentleman from Colo- lady for her comments. with them. Congressman, you have showed a real rado, and I would hope that all Ameri- There’s one other person who has a civil rights leader in the history of our cans, not just Catholics, not just Chris- strong scheduling issue that I would country, Martin Luther King. One of tians, but all Americans, are outraged like to come forward, from the State of his other tremendous quotes was that by this attempt to violate our First Kansas, another person in his first injustice anywhere is a threat to jus- Amendment rights. term who has impressed me greatly, Representative HUELSKAMP. tice everywhere. That didn’t just apply b 1850 Mr. HUELSKAMP. Thank you, Con- to his beliefs. He thought it applied to Mr. LAMBORN. I thank the gen- gressman. It’s a pleasure to stand with all Americans. But what is shocking to tleman for his remarks. you today. It is a pleasure to be here. me is that we have a President who dis- There are a number of freshmen, in- But it is a real shock to see what is regards basic American freedoms and is cluding Mr. KELLY, who are making a happening today. willing, somehow—it’s just shocking to big impact here in Congress just at 13 I would agree with the comments of me that he’s willing to risk his elec- months of service. my colleague and many others. I must tion, to alienate folks because of what Another one, who I would like to admit—and I guess in today’s environ- he’s attempting to impose. But that’s refer to as speaking next, is ANN MARIE ment it is an admission. I must admit what we expect from ObamaCare. BUERKLE of the State of New York. I am Roman Catholic. This issue is not That’s what we expect from his health Thank you for coming and speaking. about what faith you call your own. care plan, because it is government Ms. BUERKLE. I thank my colleague This issue is about our religious free- mandates. It is government control. As the Attorney General of Virginia for putting together this hour that is doms, whichever we choose. said, the President’s health care plan, so meaningful and so important not Who would have thought of an ad- the debate over that is not about just for Democrats or Republicans but ministration that would identify and health care. The fundamental issue is for every American, not just for people select a certain group and say, We are liberty. And that’s what we’re finding of faith but for those who have no going to violate their conscience? We out right here. faith. This is a First Amendment issue. knew this was coming. We knew this I call upon this President, I call upon I stand here tonight as a health care was coming. Kathleen Sebelius, please, reach deep professional, someone who is so vitally I’m reminded of a few quotes that down into your soul, and also think aware of the importance of conscience I’ve heard in the last few months—ac- about your next election. Because we and the protection of conscience rights. tually, in the last few years—a famous know if this rolls back, it’s about the This HHS rule is the largest intru- quote that was already used pre- next election. But we don’t care about sion that we have ever seen from the viously, that we have to pass this bill the next election. Americans care Federal Government on our rights of to find out what’s in it, the former about their freedoms and liberties. conscience. Every American—every Speaker of this House. We’re finding I want to thank my colleague for American—must understand what an out what was in it. We found out many bringing this to our attention. We’ve insult this is to our constitutional things that we did know were in it. been fighting this on many routes, and rights. Actually, when this was debated on I think it’s just absolutely critical. I I want to just take this opportunity, the Senate side, there was an attempt thank you for your efforts, and, hope- Mr. Speaker, to challenge our media as by our leadership, Republican leader- fully, we will recall those words: An in- they listen to this debate, and it is a ship, that said, no, let’s make certain justice anywhere is a threat to justice debate that really encompasses so that this doesn’t happen. This was an- everywhere. many unlikely bedfellows, I would say, ticipated by this administration, I be- Mr. LAMBORN. If I could ask the that you see liberals, conservatives, lieve, to attempt to violate the con- gentleman, is there any chance that Catholics, atheists, Christians, and science of millions and millions of Kathleen Sebelius will issue waivers to Jews coming together in an outrage be- Americans, and yet they continued for- religious organizations, not just the cause our First Amendment rights ward with that. labor unions who up until now have have been assaulted and have been at- We also found out that, once we read been the main ones getting waivers? tacked by this administration. But I the bill and it was passed—or passed Mr. HUELSKAMP. That is an excel- would challenge the media to not be and then read it—that this administra- lent idea I guess we would expect from

VerDate Mar 15 2010 05:05 Feb 17, 2012 Jkt 019060 PO 00000 Frm 00086 Fmt 4634 Sfmt 0634 E:\CR\FM\K16FE7.093 H16FEPT1 jbell on DSK7SPTVN1PROD with HOUSE February 16, 2012 CONGRESSIONAL RECORD — HOUSE H891 the administration, but, fundamen- ing themselves from within than they have to be dealing with the administra- tally, that is favoritism. That is pick- ever are in danger from any outside tion’s rule that he is implementing ing who gets to believe what. And as peril. that came out of the health care bill previous colleagues talked about escap- Freedom of religion is one of the cor- passed several years ago. This is a freeing, immigrants that came to this nerstones of our society. In 1789, when dom-of-religion issue. This issue is not country came here for this particular James Madison and the rest of the about birth control. This issue is about reason, to avoid paying a fine for what Framers of our Constitution were government control. they believed. That’s exactly what we crafting that great document, their ge- I’d like to share a couple of lines are being forced to do. nius created the concepts of separation from our founding documents that I Do we get permission from the Presi- of powers, checks and balances, limited think are very important. I think one dent not to pay the fine? Do we get a government. However, when that docu- thing that has happened over the past waiver? Well, how do we accommodate ment was presented to the States, the couple of years is that Americans have religious freedom, Mr. President? How people said that with all of its genius, become more familiar with our Con- do we accommodate that, Secretary that document was inadequate. While stitution, because I believe the Con- Sebelius? How do we balance? It it outlined a framework for govern- stitution has the answers for the prob- doesn’t say anywhere in the Constitu- ment, it failed to guarantee individual lems that we face today. tion we’re going to balance what you rights. Mr. Speaker, I’d like to share this want with our freedoms. So in order to establish the Govern- particular line that actually influenced The First Amendment is very clear. ment of the United States of America the Bill of Rights and the First Amend- And the first part of the First Amend- as we know it today, our ancestors in- ment: ment is the freedom to believe in the sisted that our Nation adopt the Bill of All men are equally entitled to the free ex- God as we choose. And I appreciate and Rights—10 amendments to the Con- ercise of religion, according to the dictates thank you for that. stitution that would guarantee rights of conscience. I’ll do this. Let’s ask for a waiver for to every individual. That Bill of Rights That is found in the Virginia Dec- everybody in America to actually get a begins: laration of Rights. The First Amend- waiver so we can believe what we want Congress shall make no law respecting the ment says this: to believe. I would ask for that as well. establishment of religion, or prohibiting the Congress shall make no law respecting an So thank you, Congressman, for your free exercise thereof. establishment of religion, or prohibiting the leadership, and we will continue to join Yet the Obama administration has free exercise thereof; or abridging the free- displayed a disturbing contempt for the dom of speech, or of the press; or the right of you in this effort. the people peaceably to assemble, and to pe- Mr. LAMBORN. I thank the gen- religious liberty guaranteed in that tition the government for a redress of griev- tleman from Kansas. He’s been an ex- Bill of Rights. The message coming out ances. cellent addition to the newer Members of them seems to be: it’s okay to have Mr. Speaker, I come to the floor coming here to Congress, an excellent religious beliefs as long as you confine today and I believe that this is a threat addition. that practice to your church. They just to our freedoms. I stand here as a Bap- Among those who are having sched- don’t get it. They don’t seem to grasp tist, along with my colleagues from uling conflicts, unfortunately, is me. I the fact that our faith is part of who many denominations who believe that have a committee that’s meeting right we are. We don’t check it in and check this is a threat to our freedom of reli- now that’s having a markup. We’re it out when we walk into our places of gion. Can you imagine the outcry if the having recorded votes on amendments worship. We take it with us everywhere President told journalists what stories and passage of bills out of committee, we go. they could write? This is no less appall- Now, defenders of this health man- so I have to leave in just a moment. As ing. The President’s decision to force date are attempting to play a clever much as I so badly wish I could finish individuals of faith to violate their political game. They’re attempting to up this discussion and hear the com- conscience is a blatant assault on the frame this as a narrow debate between ments that have been moving to me so First Amendment. far, I have to depart. women’s rights and the Catholic One of the things that is so I yield back the balance of my time. Church. The truth is, this is about an foundational here in America is that The SPEAKER pro tempore. Under outrageous idea that the State can we are a people of strong convictions. the Speaker’s announced policy of Jan- force citizens of this Nation to violate We are a people of faith. What this rule uary 5, 2011, the gentleman from Cali- their religious beliefs by some degree does is it puts the real American safety fornia (Mr. DANIEL E. LUNGREN) is rec- or regulation, and that some bureau- net at risk. We have so many faith- ognized for the remainder of the hour crat at Health and Human Services can based organizations, charities, people as the designee of the majority leader. violate constitutional rights. that organize to help those who are in All Americans—its individuals, not b 1900 need. They are the backbone of the so- just religious institutions—should be cial safety net of this country. I believe Mr. DANIEL E. LUNGREN of Cali- free to purchase and provide health in- that this rule interferes with those fornia. Mr. Speaker, might I make an surance that does not violate their reli- core beliefs and that HHS has jeopard- inquiry as to how much time I have re- gious beliefs. This principle is so basic ized the mission that so many Ameri- maining. that it’s tragic that we even have to in- cans have to help people across this The SPEAKER pro tempore. The gen- troduce legislation to reaffirm it. But country. tleman has 26 minutes remaining. it’s the position of the Obama adminis- Mr. Speaker, I’d like to share this Mr. DANIEL E. LUNGREN of Cali- tration that has put us in the position quote by one of our famous and well-re- fornia. I thank the Speaker. we’re in today. That’s why I’m a proud spected Founders and Forefathers of At this time, I would recognize the cosponsor of the Rights of Conscience our country, and it is Daniel Webster, gentleman from Mississippi (Mr. Act, and I urge its swift passage. who said this in addressing Americans NUNNELEE). We are trying to keep it to Mr. DANIEL E. LUNGREN of Cali- about preserving the principles of the about 4 minutes apiece. And I’m not fornia. I thank the gentleman for his Constitution. He said: just saying that because you’re ready comments. It is hardly too strong to say that the Con- to talk, but that’s the time we have. It is now my pleasure to yield to the stitution was made to guard the people Mr. NUNNELEE. I want to thank the gentleman from Indiana (Mr. against the dangers of good intentions. chairman, the gentleman from Cali- STUTZMAN). There are men in all ages who mean to gov- fornia, for your leadership in this area. Mr. STUTZMAN. It’s a privilege to ern well, but they mean to govern. They Religious freedom in America is be here to stand on the House floor promise to be good masters, but they mean under attack, not from some outside with my colleagues this evening and to be masters. source, but from within. And if we’ve discuss an issue that is facing Ameri- Mr. Speaker, I’d submit to you today learned anything from history, we cans today that really we should not be that this administration, past Con- should have learned that great civiliza- standing here talking about. We face gresses, has good intentions; but they tions are at a greater risk of destroy- tough economic times, but instead we are beginning to control and to rule

VerDate Mar 15 2010 06:47 Feb 17, 2012 Jkt 019060 PO 00000 Frm 00087 Fmt 4634 Sfmt 0634 E:\CR\FM\K16FE7.095 H16FEPT1 jbell on DSK7SPTVN1PROD with HOUSE H892 CONGRESSIONAL RECORD — HOUSE February 16, 2012 the people in ways that violate our erty, liberty, not just for organizations not only what we should buy, an essen- constitutional freedoms and our lib- but for individuals, not just for church- tial benefits package, but what’s in it erties. es, but for parishioners who have busi- and how it’s administered. How ridicu- So I want to thank the gentleman for nesses, who are body shop owners, who lous that is. Individuals have that organizing this Special Order because I are lawyers, who are doctors and have right and should maintain that right believe that the people must know that employees that they want to care for. and that freedom to do that. this is a rule that will infringe on their We have today a Justice of the Su- Our government was established to First Amendment rights. preme Court who recommends to a protect rights of conscience for all The last quote I’d like to read to- country looking for a constitution to Americans, not just some Americans, night is a quote from Thomas Jeffer- write, not America’s Constitution, but but all Americans. Neither the HHS son. Thomas Jefferson says: constitutions of other countries. Unbe- nor any other government Department All tyranny needs to gain a foothold is for lievable. should have the power to force people people of good conscience to remain silent. And attorneys, labor attorneys pooh- to violate their conscience. Since 1973, I ask the American people to voice poohing the opposition to attacks on health care and coverage providers— their opinion, to voice their freedom, our own Constitution as constitutional and I am a physician, I am an obstetri- and to let their Member of Congress niceties. This is not America that we cian and gynecologist—were granted know what this ruling does to the free- understand. protections in the law to follow their dom of religion. And now the attack on the constitu- conscience. This rule that was passed Mr. DANIEL E. LUNGREN of Cali- tional right of religious conscience, the and will be the law of the land cancels fornia. I thank the gentleman for his foundational liberty upon which this those protections. Cancels those pro- comments. great land was birthed, our churches tections. It is now a pleasure on my part to be and our individuals. This HHS rule will force individuals able to recognize for his words the gen- We would do well to listen, Mr. and organizations to violate deeply tleman from Michigan (Mr. WALBERG). Speaker, to the warnings of our Fram- held moral convictions with no oppor- Mr. WALBERG. I appreciate the opers and Founders. tunity to opt out, no opportunity to portunity from the gentleman from And with this I close: Jonathan opt out. Protection of the rights of California to stand with my colleagues Witherspoon, a minister who signed the conscience is a fundamental American tonight to speak on an important Declaration of Independence said: principle, a fundamental liberty, not a issue. A republic once equally poised must either marginal consideration to be subordi- It was an amazing experience for me preserve its virtue or lose its liberty. nated or ignored because of Federal this morning to be part of the Over- John Adams followed by saying: mandates. It’s guaranteed in this book sight and Government Reform Com- Liberty lost once is liberty lost forever. right here, the Constitution. The free- mittee and to have a hearing where we We would do well also to take the dom of religion is the first one men- had numerous members of religious or- heed of enemy voices who desire the de- tioned in the First Amendment of the ganizations, including leaders in the struction of America and its liberty, Bill of Rights. Catholic, the Jewish, and the Protes- lest we unwittingly follow and fall into The HHS rule gives people and me, a tant faiths, in front of us, men who their advice, advice such as this that provider, an impossible choice: either were appealing for rights that should was said: break the law, or violate your beliefs. be taken for granted in this country, America is like a healthy body and its re- This rule is causing buyer’s remorse in the rights of religious freedom. sistance is threefold; its patriotism, its mo- someone who previously supported the It brought back to me the thoughts rality, its spiritual life. If we undermine health care reform bill. that I experienced just a year ago al- these three areas, America will collapse from Former Representative Kathy Dahl- most this very day when I was in Israel within. kemper recently said: and had the opportunity to hear from Joseph Stalin. I would never have voted for the final the Prime Minister of Israel as he May God grant us, Mr. Speaker, wis- version of the bill if I expected the Obama spoke with glowing admiration for dom so that our President, this Con- administration to force Catholic hospitals America. He talked about the religious gress, and all of America will never let and Catholic colleges and universities to pay liberty that was unlike any other place these words be a prophecy fulfilled. for contraception. in the world in Israel today for all Mr. DANIEL E. LUNGREN of Cali- Christians cannot distinguish be- faiths, all religions, based upon, as he fornia. I thank the gentleman for his tween purely religious activities and said, the experience, the value, and the powerful words. provisions of health care. Because of documents of America and its At this time I would yield to the gen- this rule and because of this President, foundings. tleman from Tennessee, Dr. ROE. many may have no choice but to stop Mr. ROE of Tennessee. I thank the providing coverage for their employees. b 1910 gentleman for yielding, and I thank the And providers like myself and others And so, today, to hear our religious gentleman for holding this Special with conscience clauses may have to leaders speaking for their religious lib- Order tonight. stop providing care. erty was unreal. Those documents that Mr. Speaker, as a young man, I swore This is not a choice that any of us the Prime Minister of Israel referred to an oath to protect and uphold the Con- should have to make. It’s a freedom going back to the Declaration of Inde- stitution of the United States when I guaranteed by over 200 years of blood- pendence, where it says: was sworn into the United States mili- shed for this Nation. We hold these truths to be self-evident tary. Literally, millions of young men Mr. Speaker, the American people that all men are created equal and endowed and women have sworn that oath, shed cannot stand by and let this happen. with certain unalienable rights, that among blood, precious blood, to protect the in- I appreciate very much the gen- these are Life, Liberty and the pursuit of dividual liberties and freedoms that we tleman holding this Special Order to- Happiness. take for granted in this Nation. And night. Liberty. now, no longer, due to the actions of Mr. DANIEL E. LUNGREN of Cali- And our First Amendment has been this President, can we take those for fornia. I thank the gentleman for his quoted numerous times tonight. The granted. remarks. beginning of the Bill of Rights: I want to associate my remarks to- Mr. Speaker, it is my privilege to Congress shall make no law respecting the night with my colleagues who’ve so share the last 9 minutes with the gen- establishment of religion or prohibiting the eloquently spoken. Once again, it tells tleman from New Jersey, the man I free exercise thereof. us why government should be out of call the William Wilberforce of this These truly sacred documents, docu- these individual decisions that we Congress, Mr. CHRIS SMITH. ments that we live by, at least we make. We passed almost 2 years ago, Mr. SMITH of New Jersey. I thank should, documents that we can carry and Mr. LUNGREN remembers this very my great friend from California for his and quote from, are under serious at- well, on this House floor we debated leadership, former Attorney General of tack today. These documents of lib- this health care bill that now mandates California, one of the most decisive and

VerDate Mar 15 2010 05:05 Feb 17, 2012 Jkt 019060 PO 00000 Frm 00088 Fmt 4634 Sfmt 0634 E:\CR\FM\K16FE7.097 H16FEPT1 jbell on DSK7SPTVN1PROD with HOUSE February 16, 2012 CONGRESSIONAL RECORD — HOUSE H893 wonderful debaters in the House of Mr. Speaker, finally, the Respect for Catholics. It is men and women of all Representatives and a great champion Rights of Conscience Act reasserts and religious beliefs and even those of no of life. restores conscience rights by making religious beliefs who understand that a Mr. Speaker, President Obama’s slick absolutely clear that no one can be government that commands that you public relations offensive this past Fri- compelled to subsidize so-called serv- do something against your conscience day contained neither an accommoda- ices in private insurance plans con- is a government that can basically tion nor a compromise, nor a change in trary to their religious beliefs or moral take anything away from you, and in his coercion rule. It was, instead, a per- convictions. This legislation must be this case, perhaps the most precious nicious attack on religious freedom. on the floor soon, and I hope the Amer- thing there is in you, your faith. The Obama final rule promulgated on ican people will realize how important We cannot let it stand. It is a ques- Friday is an unprecedented govern- this bill offered by Mr. FORTENBERRY is tion of the culture of America, the tra- ment attack on the conscience rights to conscience rights in America. dition of America, the first amendment of religious entities and anyone else, I thank my good friend for yielding. to the Constitution of America. and I repeat that, anyone else who, for ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE This is a serious debate because it moral reasons, cannot and will not pay The SPEAKER pro tempore. The questions whether anyone, anybody in for abortion-inducing drugs, such as Chair would remind Members to avoid government, can basically tell you that ella, or contraception and sterilization personalities with regard to the Presi- you must check your religious values procedures in their private insurance dent, such as accusations of arrogance. at the door. plans. The Chair recognizes the gentleman Interestingly enough, just a week Mr. Obama is arrogantly using the from California. and a half ago, I was present when I coercive power of the state to force Mr. DANIEL E. LUNGREN of Cali- heard the President speak at the Na- faith-based charities, hospitals and fornia. I thank the gentleman for his tional Prayer Breakfast and say he schools to conform to his will at the comments, and I thank him for his does not and we do not and we cannot expense of conscience. leadership on many, many issues of check our religious values at the door. Mr. Obama’s means of coercing com- human rights, not only in the United That’s precisely what this edict—and pliance, ruinous fines of $2,000 per em- States but around the world. that’s what it is—this edict does. ployee when faith-based organizations I was astounded when I heard the We ought to understand. We speak refuse to comply, and they will refuse comments of the leader of the minority not just for Catholics, we speak not to comply, will impose incalculable party in the House of Representatives just for Christians, we speak not just harm on millions of children educated several days ago when she referred to for Jews, for Muslims, for Hindus, for in faith-based schools. It will also im- those who were concerned about this people of faith, and for those who have pose harm on the poor, sick, disabled, decision by the President of the United no faith. We speak for all Americans in and frail elderly who are served with States and the secretary of HHS as understanding that the First Amend- such extraordinary compassion and using religious liberty as an excuse. ment is not made up of mere words; it dignity by faith-based entities. What an insult to those men and is made up of first principles. And we For example, Catholic Charities em- women of good faith who’ve expressed cannot allow first principles to be cast ploys 70,000 employees. They will be hit their concern about how this will re- aside. with a fine by the Obama administra- quire them to either violate their con- That’s why we must stand in unity tion of $140 million per year. That’s the sciences or pay fines in tribute to the against this rule, this unprincipled, fine. That’s the penalty: $2,000 per em- Federal Government. this unlawful, this unconstitutional ployee. Interestingly enough, Alexis de rule that has no basis in fact, has no Notre Dame has about 5,000 employ- Tocqueville said this about Catholics: basis in the Constitution, and has no ees. That will be a $10 million fine on basis in the culture of this country Notre Dame. And so it goes for those The American Catholics are faithful to the observance of their religion. Nevertheless, properly understood. faith-based organizations. they constitute the most Republican and I thank the gentleman for his con- Let me just say to my colleagues most Democratic class of citizens which ex- tribution. I thank all for their con- that vocal apologists of the Obama co- ists in the United States. Although this fact tribution. ercion rule say over and over again may surprise some observers at first, the GENERAL LEAVE that the IOM, the Institute of Medi- causes by which it is occasioned may easily cine, panel that reportedly researched be discovered upon reflection. Mr. DANIEL E. LUNGREN of Cali- fornia. I would ask, Mr. Speaker, that and did recommend the coercion rule What he suggested was the con- all Members may have 5 legislative was somehow independent. Nothing sciences of Catholics who utilized their days within which to revise and extend could be further from the truth. consciences to bring to the public de- their remarks and to include extra- bate did not undermine America, it for- b 1920 neous material on the subject of this tified America. Special Order this evening. Journalist Kathryn Jean Lopez re- We’ve crossed this bridge before. Un- ported that the Human Life Inter- fortunately there were those who The SPEAKER pro tempore. Is there national organization looked into the claimed to be Republicans in the 1800s objection to the request of the gen- members of the panel. You stack the who led the fight against men and tleman from California? panel, you get a predetermined out- women of conscience who happened to There was no objection. come. They found that it was packed be Catholic. This caused Abraham Lin- Mr. DANIEL E. LUNGREN of Cali- with pro-abortion activists. coln to say these words in a letter to fornia. With that, Mr. Speaker, I yield For example, member Claire Brindis, Joshua Speed in 1855: back the balance of my time. member of the organization of NARAL As a Nation, we began by declaring that all Mrs. SCHMIDT. Mr. Speaker, I’d like to start Pro-Choice America; Angela Diaz, men are created equal. We now practically tonight by continuing our discussion on con- member of Physicians for Reproductive read it ‘‘all men are created equal except Ne- science protections and our First Amendment Choice and Health; Paula Johnson, groes.’’ When the Know-Nothings get con- rights. chairwoman of Planned Parenthood trol, it will read ‘‘all men are created equal As I did yesterday during the press con- League of Massachusetts; Magda Peck, except Negroes and foreigners and Catho- ference on the same topic, I’d like to read the also on the board of directors, or was, lics.’’ First Amendment to our Constitution. It states: of Planned Parenthood of Nebraska and What does it mean? The Know- ‘‘Congress shall make no law respecting an Council Bluffs. She was chair of the Nothings feared that Catholics would establishment of religion, or prohibiting the board as well as vice chair. If you just bring their conscience and their values free exercise thereof; or abridging the freedom stack an IOM or any other panel, you of faith to the public debate. of speech, or of the press; of the right of the will get a predetermined outcome, and We’ve been across this bridge before. people peaceably to assemble, and to petition so they did. We should not accept it. It’s not just the Government for a redress of grievances.’’

VerDate Mar 15 2010 06:47 Feb 17, 2012 Jkt 019060 PO 00000 Frm 00089 Fmt 4634 Sfmt 9920 E:\CR\FM\K16FE7.099 H16FEPT1 jbell on DSK7SPTVN1PROD with HOUSE H894 CONGRESSIONAL RECORD — HOUSE February 16, 2012 Our Founding Fathers thought that those world and the environment that we live So who are they? You mentioned a specific five tenets were crucial to the citizens in. The Progressive Caucus can be few. Yet there are also those benefit of America—so critical that they needed to be found talking about civil and human specialists who help our seniors get guaranteed first and foremost. rights, standing for an economy that is their Social Security and Medicare The conscience protection debate that start- fair and inclusive and has shared bene- benefits, and they’re the law enforce- ed a few weeks ago with the administration’s fits and responsibilities for everybody. ment professionals who defend our bor- announcement of a new rule regarding contra- The Progressive Caucus is that caucus ders and our ports and our skies and us ception, sterilization, and insurance policies is in Congress that will stand up for peace when we’re here in the Capitol. a perfect example of the importance of these and diplomacy and also will make the Mr. ELLISON. FBI agents who are rights. case for the human rights of all people. protecting us from everything from The government cannot, and should not, be We bring you the progressive mes- terrorism to drugs to guns, are these forcing any employer, whether they are Catho- sage to illustrate what’s at stake in people Federal employees? lic charities and schools or an individual busi- America today. I’m very pleased that Ms. SCHAKOWSKY. Those are called nessman, to violate the tenets of their faith. I’m joined by my good friend from the Federal employees, as are the Capitol As this debate continues, it highlights the great State of Illinois, JAN SCHA- Police; and they’re computer and net- great need to have a standard that explicitly KOWSKY. We’re going to bring the pro- work specialists who spend their days protects employers from attempts to erode our gressive message tonight and just talk making sure that we’re safe from First Amendment rights. a little bit about the values that we cyberattacks. They’re medical and sci- We need to fight for the standard in H.R. share. entific researchers who are looking for 1179, the Respect for Rights of Conscience You know, I want to set up a ques- cures for devastating diseases. They’re Act of 2011, introduced by my good friend tion I have for you, Congresswoman the nurses and doctors who take care from Nebraska, Mr. FORTENBERRY. SCHAKOWSKY, because we have been of our wounded warriors. They’re the It simply protects employers from being dealing with this transportation bill men and women who make sure the forced to violate their religious or moral beliefs over the last several days, and we will food supply is safe and that our water by an overreaching mandate from the adminis- be up until the week of February 27. is clean enough for our children to tration. It takes nothing away from the public, One of the things about it that I drink. They’re the hardworking sup- nor does it prohibit women from getting serv- found most galling is that one of the port staff. I just left my office, and I ices that are already provided, as some have ways that the Republican majority in- was having my trash and recycling alleged. tends to pay for the transportation bill taken away. H.R. 1179 is a responsible and reasonable is by charging Federal employees a fee, Those are all Federal employees. response to clarify what can and cannot be and really a tax, on their retirement There are 423,000 Federal employees mandated through the healthcare law regard- and then using the money that they’re who earn less than $50,000 a year; and ing conscience protections. going to gain to pay for their transpor- 48 percent of them are women, but 60 We cannot allow the federal government to tation bill. percent of the employees earning less than $50,000 a year are women. They start going down the slippery slope of eroding b 1930 our constitutionally protected rights—we took are the people who have seen their pay an oath to uphold the Constitution. When I think about people who are frozen for 2 years while health care and As a mother and grandmother, I will do ev- Federal employees, I’m thinking of other costs are going up. erything in my power to ensure that the rights people who take care of our veterans— Mr. ELLISON. If I may just ask the we enjoy today continue to be guaranteed for the nurses at the VA. I’m thinking of gentlelady a question. my daughter, grandchildren, and generations people who make sure our roads and Do you mean to tell me and the to come. our parks are safe. I’m thinking about American people and the Speaker to- Federal employees who make sure our f night that not only is this transpor- water and our air is clean. So I just tation bill proposing to cut into and to REPORT ON RESOLUTION PRO- want to ask you: basically tax Federal employees’ re- VIDING FOR CONSIDERATION OF Do you think it’s fair to sort of go tirement benefits, but they’ve already CONFERENCE REPORT ON H.R. after Federal employees, working peo- had a freeze on top of this? 3630, MIDDLE CLASS TAX RELIEF ple, to try to pay for this transpor- Ms. SCHAKOWSKY. For 2 years. AND JOB CREATION ACT OF 2012 tation budget we’ve been talking about That’s about $30 billion a year in cuts. Mr. SCOTT of South Carolina (during over these last few days? So they’ve already given up, really, the Special Order of Mr. DANIEL E. Ms. SCHAKOWSKY. I thank you for about $60 billion from a normal in- LUNGREN of California), from the Com- that question and for leading this hour crease in wages just to pay for the cost mittee on Rules, submitted a privi- in this important discussion. of things going up. Everybody knows leged report (Rept. No. 112–400) on the No. In fact, our colleagues in the ma- that the cost of food and gasoline and resolution (H. Res. 554) providing for jority want to pay for the legislation in those kinds of things are going up, and consideration of the conference report the transportation bill, but what they still we aren’t asking millionaires—or to accompany the bill (H.R. 3630) to want to continue to do is to refuse to they aren’t. The Republicans who pro- provide incentives for the creation of touch a single hair on the heads of mil- pose these cuts, these additional con- jobs, and for other purposes, which was lionaires and billionaires, and they tributions from Federal employees, are referred to the House Calendar and or- stand firm in their defense of the big not asking millionaires and billion- dered to be printed. oil companies and the corporations aires to contribute their fair share. f that ship their jobs overseas. Instead of Mr. ELLISON. I will say to the gen- asking the wealthiest Americans to tlelady that I have brought a document PROGRESSIVE CAUCUS contribute a little bit more, they want here with me today. I had a great The SPEAKER pro tempore. Under to ask Federal workers. Instead of meeting with some Federal employees the Speaker’s announced policy of Jan- going to the 1 percent, they want to the other day, and they said, Explain it uary 5, 2011, the gentleman from Min- ask people who are solidly in the 99 to me, GOP. nesota (Mr. ELLISON) is recognized for percent to pay the price. One person, Paul here, says: I earn 60 minutes as the designee of the mi- Federal employees are hardworking, less than $45,000 a year. Explain it to nority leader. middle class Americans, who work for me, GOP, how cutting my pay creates Mr. ELLISON. Mr. Speaker, thank the Federal Government all across this jobs. This person, Paul, represents the you for the time. country, not just in Washington. In Tobyhanna Army Depot workers. They The Progressive Congressional Cau- fact, only about 30 percent of Federal do something really important. cus is that caucus in Congress that employees are in Washington. Of Then there is another Federal em- comes together to talk about the most course, some of them work in our of- ployee: Twelve percent of my salary I important values that our country is fices, and they work in this House of earn caring for veterans goes to my re- founded on—ideas like fairness, inclu- Representatives. We all represent Fed- tirement. Explain it to me, GOP, how sion, prosperity for all, protecting our eral workers. cutting my retirement puts people to

VerDate Mar 15 2010 06:47 Feb 17, 2012 Jkt 019060 PO 00000 Frm 00090 Fmt 4634 Sfmt 0634 E:\CR\FM\A16FE7.073 H16FEPT1 jbell on DSK7SPTVN1PROD with HOUSE February 16, 2012 CONGRESSIONAL RECORD — HOUSE H895 work. That’s what Teresa has to say, we don’t have these vast disparities in losophy who make arguments that and she represents nurses at the Min- pay between men and women for Fed- would divide people who were born here nesota VA hospital. eral workers. versus immigrants, gays versus Then here is Eric Young, and he rep- Basically, the protections that the straights, all these kind of wedges, the resents correction officers in Miami, people have in working for the Federal ‘‘Willie Horton’’ thing, all this kind of and he says: I pay more than $9,000 a Government don’t always prevail in wedge stuff. This is a new wedge, Fed- year for my family health insurance. the private sector, and that accounts eral workers versus private sector Explain it to me, GOP, how cutting my for some of the disparity. Then, of workers. It seems like they’re trying to take-home pay lowers unemployment. course, as you just pointed out, people engender a certain amount of resent- These are the faces of Federal em- at the higher income levels, they could ment among private sector workers for ployees. Sometimes when we talk do just as well and be paid much more public sector workers. When are we about, oh, just cut the Federal employ- handsomely if they were to work else- going to talk about the people at the ees, they’re nameless, faceless. Who are where. very tip-top who have been com- these people? But as you pointed out, Ms. SCHAKOWSKY. It’s estimated, pensated beyond imagination in the oil they are the people who really improve actually, that those individuals could and gas sector, in the drug sector, in the quality of our lives every single probably make as much as 26 percent the health care sector, those in private day—people who protect us here in the more working in the private sector, but equity, all these folks who have been Capitol but also who protect our vet- they want to contribute to the com- making so much money on Wall erans, who work in our Federal prisons, mon good and work for all of us. Then, Street? When do we ask them to do and who are Army Depot workers. This in order to pay for our transportation more? is the face of Federal workers, and I bill or any other bill, we ask the Fed- Ms. SCHAKOWSKY. Actually, we did, just think it’s fair to say that they de- eral workers to contribute more. didn’t we, in the people’s budget that serve to have somebody speak up for the Progressive Caucus introduced? b 1940 them as they have put their lives on That budget balances the budget, cuts the line to protect all of us. Take a look around. I say to my col- the deficit, cuts the debt, but doesn’t Ms. SCHAKOWSKY. Let me also say leagues, look around us. Everywhere try to take it out of the hide of middle this. we go in this Capitol, in our office class people in the same way that we Some argue that, oh, well, it’s such a building, we are looking at Federal em- see from our colleagues across the cushy job to work for the Federal Gov- ployees that, without, this place sim- aisle. ernment and that Federal employees ply would not run. We are dependent on I know included in that budget is my actually make more money than in the them and we rely on them for a good Fairness in Taxation Act that says private sector. Let me explain that. reason—because we can count on them. that people starting at a million dol- As for the people who work in the They contribute often as much as any- lars ought to pay a higher tax bracket, lower-wage jobs for the Federal Gov- one here to making our country the ratcheting up to people who make a ernment, women actually make more great country that it is, and working in billion dollars a year. There may be working for government than they do the Capitol of the United States of somebody at home saying, oh, nobody in the private sector because, in the America with enormous pride, I might makes a billion dollars a year. Yes, private sector, they make about 70 add. they do. Mr. Paulson made $5 billion in cents on the dollar, and thank good- Mr. ELLISON. I ask the gentlelady, 2010. He probably paid at a rate that ness the Federal Government has more when did it happen that working in the may have been lower than his sec- equity in what it pays. The same is public interest became, in the minds of retary or secretaries. true for minorities, who earn much less some people, something less than hon- Mr. ELLISON. I am glad that you than white men do in the private sec- orable work to do? raised this point about the people’s tor; but when you work for the Federal Ms. SCHAKOWSKY. I think there has budget, because that really is the point Government, you have certain protec- been a real demonization of all public of the Progressive message, to talk to tions and certain equity that we’ve all sector workers lately, and that is why the Speaker and the American people supported, so they make more money. I’m so glad tonight we’re able to put a about there being an alternative in our When you get to the higher-wage face on these individuals and say who Congress. Not everybody is carried jobs, working for the National Insti- are they, what kind of work are they away with this philosophy that Federal tutes of Health or more, for the higher- really doing. workers need to pay more and get less. skilled jobs, in fact, those workers who But beyond that, to say, really, this Actually, there are a body of folks in work for the Federal Government could is where we want to get the sacrifice? the Democratic Caucus, and particu- make more in the private sector, but We’re not going to ask one thing more larly the Progressive Caucus, who real- they have made a decision to help our of the oil companies or the gas compa- ly want to see a more shared way of government, to help our country by nies or the businesses that are making paying for the needs of our country. working in the public sector. record profits and taking those jobs We recently had a hearing in which So when they say some Federal overseas and outsourcing them and we talked about jobs, and we had a workers earn more, I say God bless getting a tax break for them? We’re group called the Patriotic Millionaires them because we don’t discriminate not asking the millionaires and the bil- who was there. And this is the inter- like many in the private sector do, and lionaires in this country who have ac- esting thing about your particular tax we wish that the private sector would tually benefited from the work of pub- proposal. A lot of people who are mak- not discriminate in pay against women lic employees, of Federal employees to ing a lot of money agree that they and minorities. It’s not as if they get what they need in order to get should pay more. I find this to be very should go out there and earn less ahead, we’re not asking them to pay interesting, because patriotic Ameri- money. any more? No, we’re going to take it cans do come from various income Mr. ELLISON. What I hear them say out of the hides of middle class work- strata. I think it’s commendable for is, oh, well, the Federal workers earn ers, if they are lucky. Some of them people at the top end, the people who more money than the people who pay are down at the lower end. We’re going might pay a higher rate under your their salaries in the form of taxes. to take it from the middle class work- bill, who say, Yeah, tax us more be- They say this divisively and in a very ers, the middle class families, and ask cause we believe there should be a good smug way. And I think to myself, them to make the sacrifice and pay public school system; we believe the aren’t we a country that should value more for their pensions. water should be clean; we believe that public service, people working in the Mr. ELLISON. If the gentlelady will Federal workers should be fairly com- public interest for the public good? yield. pensated; we have enough. What drives Does bread cost less for them? Is gaso- I actually see this as another wedge. us is not the acquisition of more, but line cheaper for them? No, it’s not. We talk about the wedges. We talk the idea of creating good products and Thank heavens that the Federal Gov- about some folks often are associated services for Americans, which we ernment can pay people fairly and that with the right-wing conservative phi- charge for, of course, but at the end of

VerDate Mar 15 2010 05:05 Feb 17, 2012 Jkt 019060 PO 00000 Frm 00091 Fmt 4634 Sfmt 0634 E:\CR\FM\K16FE7.103 H16FEPT1 jbell on DSK7SPTVN1PROD with HOUSE H896 CONGRESSIONAL RECORD — HOUSE February 16, 2012 the day, everybody has to do their fair Mr. ELLISON. Cut. Americans and explain that’s not what share. The GOP proposal cuts 550,000 Amer- they are doing. Now again, I’m not I thank you for offering the Buffett ican jobs, cuts highway investments in going to look into the inner recesses of Rule before there was a Buffett Rule. 45 States, bankrupts the highway trust anyone’s heart. I don’t know what peo- Before we were talking about a Buffett fund with a $78 billion shortfall. As you ple’s motives are. But I do know any Rule, you were out in front of the pack. said, it takes transit funding and puts bill, when we have unemployment Ms. SCHAKOWSKY. One of the it in the regular appropriations proc- north of 8 percent, which is going to themes that the President has under- ess, not in the stream of funding. cut jobs, and has been a historic place scored over and over again is that ev- where we have created jobs, I think erybody should get a fair shot and ev- b 1950 Americans have reason to be sus- erybody pay their fair share and every- It gets rid of biking paths; it gets rid picious, and I hope our Republican ma- body play by the same rules. of walking paths. The reviews are in, jority would come and clarify what When we talk about where should the and they all agree: the GOP bill is bad they’re actually doing because, like I money come from for important things for jobs. just pointed out, half of Americans be- like transportation—of course there A good friend of mine who happens to lieve that the Republicans are sabo- are many flaws in that bill. They take be a Republican but works for the taging our recovery to win an election. mass transportation, mass transit, out Obama administration, Ray LaHood, Ms. SCHAKOWSKY. Well, let me give of the funding stream. Transportation, said, ‘‘This is the most partisan trans- you an example. I think, has always before been a bipar- portation bill that I have ever seen.’’ We have seen the unemployment rate tisan issue, and, of course, we want to And he’s seen a lot of them. He’s your now drop to 8.3 percent, and that’s not be able to pay for that. It creates a lot home boy from Illinois, right? good, but it’s better. We’ve seen it of jobs. Everybody uses the roads. They Ms. SCHAKOWSKY. That he is. drop, and we have seen 23 months now use the transit system. They benefit. Mr. ELLISON. Continuing to quote of private sector job growth every Everybody needs to pay their fair Mr. LaHood: month, which is a great thing, a great share, what they are able to pay to record. And it also is the most anti-safety bill I contribute to the common good. have ever seen. It hollows out our No. 1 pri- Yes, let everybody look at that The President has talked about hav- ority, which is safety, and frankly, it hol- chart. The orange-brown part is during ing each other’s back as kind of a basic lows out the guts of the transportation ef- the Bush administration when the eco- philosophy, that we’re all in this to- forts that we’ve been about for the last three nomic crisis first hit. And then the gether, not we’re all in this alone. years. It’s the worst transportation bill I’ve blue is during the Obama administra- That’s one of the early ideas in Amer- ever seen in 35 years of public service. tion, where you see a pretty steady de- ica. Now, that’s saying a lot. crease in unemployment, and then you Picture, now, the covered wagons and Ms. SCHAKOWSKY. That is saying a see now we are above the line for many the rugged individualism of those peo- lot. As I said before, and as Ray months and creating jobs, and that in- ple crossing. They were together in a LaHood was alluding to, as many dif- crease in jobs. row, each one a rugged individual, but ferences that may have existed across But if the Republicans had not gone all of them were making sure that they the aisle, recognizing the importance after public sector jobs, if there had helped to take care of each other so of transportation for commerce, for not been the cut in public sector jobs that they could get across safely. business, for everyday Americans get- at the Federal level as well as at the I think that’s the vision, that we’re a ting to work, for linking our country State level, because a lot of Federal combination of individual freedoms, together, for transporting our goods, dollars were lost to the States, causing strong individualism, but we also un- Democrats and Republicans have al- the layoffs of many teachers and fire- derstand that we all do better when we ways been able to sit down and to- fighters and policemen, public sector all do better. gether craft a piece of legislation on workers have been laid off, we would Mr. ELLISON. As my hero Paul have an unemployment rate of about Wellstone famously said, ‘‘We all do transportation. And to come up with an equitable way to fund it. Everyone 7.5 percent if those cuts hadn’t hap- better when we all do better.’’ pened in the public sector. So, you But those people you’re talking has been able to agree. This time, not only the way the bill know, who’s really for getting our about, those rugged individuals cross- economy going, putting people back to ing the prairie, when they had to put a is funded—talking about putting the burden on public employees to help work, letting them be taxpayers rather barn up, they didn’t do it alone, did than having to receive unemployment they? They’d have a barn raising, fund it, but the elements of the bill itself. The fact, as you read, it is going benefits, you know, which we better ex- which was a community event. This tend because people need them, but to actually cost jobs. The transpor- idea that we do what we do—what we they’d rather have a job. tation bill has always been the place do, we should do best together, we do Mr. ELLISON. Absolutely. The gen- those things together. Whatever we can where we have created jobs in our tlelady should note, I had this one do individually, we certainly have the country. I think it’s really shameful. I chart up, and I would like to let folks freedom to do that. don’t see that this piece of legislation know, because what the question was— I am concerned about shifting polit- is going to pass, but those who pro- Washington Post-ABC asked the fol- ical winds, which sort of ignore the posed it, I think, have made a serious lowing statement: President Obama is idea that we are in this together, that miscalculation in every way. making a good-faith effort to deal with the road in the transportation system Mr. ELLISON. Now, you know, it’s the country’s economic problems, but is part of our commonwealth, some- beyond my ability to comprehend that the Republicans in Congress are play- thing that is a benefit to us all, and so any American, any American, would do ing politics by blocking his proposals we all should pay for it, which is why anything other than try to make sure and programs. I was particularly concerned about this that everybody had enough. We had Or: President Obama has not pro- transportation bill, H.R. 7. For the first enough jobs for everybody who wanted vided leadership on the economy, and time in about 50 years, the House is to work, and those jobs were well-pay- he’s just blaming the Republicans in going to consider a partisan transpor- ing. But I tell you, there has been poll- Congress as an excuse for not doing his tation package. Republicans are breaking out there on what Americans job. ing the historical tradition of bipar- think. This is not what I think; this is Fifty percent of the people responded tisan action to rebuild infrastructure, what Americans have said. Half of to statement A, the first one. And that create jobs, and strengthen our econ- Americans believe that Republicans is: President Obama is making a good- omy. are sabotaging our recovery to win an faith effort to deal with the country’s This proposal, H.R. 7, would cut election; 55 percent believe that, and 44 economic problems, but Republicans in about 550,000 American jobs, cuts high- percent believe other than that. Congress are playing politics by block- way investments in 45 States and D.C. Now, when you hear that this trans- ing his proposals and programs. Ms. SCHAKOWSKY. Everyone needs portation bill is going to cut over half Now, I hope that Republicans are to hear that again. Would cut? a million jobs, it’s difficult to go to reading these, because they’re not

VerDate Mar 15 2010 05:05 Feb 17, 2012 Jkt 019060 PO 00000 Frm 00092 Fmt 4634 Sfmt 0634 E:\CR\FM\K16FE7.105 H16FEPT1 jbell on DSK7SPTVN1PROD with HOUSE February 16, 2012 CONGRESSIONAL RECORD — HOUSE H897 looking good. The best thing for them that would happen. Now, this is a pro- as if that curse has been placed on us. to do is to stop making proposals like jection. But the fact is this transpor- We certainly live in interesting times. this transportation bill, H.R. 7, which tation bill is a typical example of their On 9/11/2001, this country suffered the literally cuts jobs, because the Amer- idea of how the economy should oper- worst attack in its history on its ican people are watching this. And ate. And it is very disturbing—17.4 mil- homeland. It was worse than December quite frankly, I want us all to succeed. lion jobs. Of course, this would simply 7, 1941. It left thousands dead, it left I don’t think that it’s good for the renew a trend that we were on during the Nation reeling from the feeling of American population to think that one the Bush administration. So I think vulnerability, and it pushed the Fed- party that is elected to promote the it’s time for Republicans to stop offer- eral Government to respond quickly. public interest is doing something ing these bad jobs bills and start offer- Now, there are a number of things other than that in order to win an elec- ing some things that are going to put that could be effectuated more effec- tion. Americans back to work. They can tively in Iraq and Afghanistan. That Again, this board here clearly shows begin that process by yanking this H.R. would be a subject for another time. that when President Bush was in, this 7. I recall after 9/11, Bill Bennett com- was kind of red. It’s kind of bleeding, Ms. SCHAKOWSKY. Let me also just ing to my hometown of Tyler, Texas, and then the blue is going up, up, up, say that you mentioned that the Re- and speaking at Tyler Junior College. and now above the line, and we have publicans like to point to the Presi- And there was a huge crowd that been adding 23 consecutive months of dent’s proposals or Democratic pro- turned out. People, in fact, turned out private sector job growth, but that posals and say, oh, this is another job- during those few months after 9/11 in public sector job loss, as you pointed killing measure. Well, the facts are the record numbers to their churches and out, is literally a drag on the economy, facts. And the facts are that we have to places of worship in record numbers. and it’s hurting us. We need people to seen 23 months of private sector job Because much like the children of get to work. creation. Literally millions of jobs Israel after a disaster, they realized I just want to ask the gentlelady a have been created. And so I haven’t they needed to get back closer to our question. Again, I mean, does a public heard too much about the job killing Creator. sector paycheck offer less at the local lately because it’s pretty hard to talk The FBI, our intelligence attributes, grocery store when the person goes to about every time the job numbers come all of our Justice Department, State buy some groceries with that public out and those jobs are increasing. Department and all of the Bush admin- sector paycheck? I want to thank you very much for istration immediately was pushed into Ms. SCHAKOWSKY. No. It’s a job and bringing up an example of a piece of gear to do something to protect us. a paycheck, and you take it to the gro- legislation that doesn’t address our And in that regard, Bill Bennett speak- cery store. And it resonates throughout transportation needs, that does result ing there in Tyler said, Some people the economy. But I’ll tell you, it’s a in job loss, and that is paid for by get offended if they look somewhat pinch. When that wage and that check going after middle class Federal work- like someone who committed the worst is frozen for 2 years, people feel that. ers as the ones who have to sacrifice in attack in American history and they’re Prices at the grocery store still go up, order to fund legislation like this. searched more thoroughly than per- and so that very same paycheck haps someone else. doesn’t quite buy as much. You know, Thank you. Mr. ELLISON. I thank the gentle- And Bill said, I just know that if there may be some lifestyle changes, lady. I just want to make a few points there was a red-headed Irishman that maybe not such big things but some before we begin to wrap it up. I just had attacked the United States, he little things that add to the quality of said, I could anticipate having to go life that actually our Federal employ- want to point out that economist Mark Zandi, who has advised Senator through heightened security checks ees have had to do without because of every time I try to fly, every time I try the freeze. And then, they’re asked MCCAIN, said by 2014 real GDP is almost $200 billion lower, and there are to go anywhere. And he said, If that now, in order to even pay for a trans- were to happen, I would understand be- portation bill, to lose money out of 1.7 million fewer jobs under the Ryan approach than is under the case of the cause, he said, I love this country. I their pension fund, to have to pay more want people to be safe and feel safe, of their pension, which is their retire- President’s. That’s just one honest economist’s estimate. and since someone who looked like me ment fund. with red hair and my same heritage Mr. ELLISON. I just want to point The Economic Policy Institute’s con- had committed that act, even though you, you and I were just talking about servative estimate of the Republican he was and is a law-abiding citizen, he this chart which shows that under the budget is 2 billion to 3 billion jobs lost Bush administration, the unemploy- over 5 years. Again, H.R. 1 would cut a would understand being subjected to ment rate going up, us losing jobs, and couple of hundred thousand jobs. So, I more scrutiny. There was a time in this country then the steady march back the other really think, Mr. Speaker, that the when common sense like that did pre- way. American people need to know what This chart shows that GOP proposals kind of a ‘‘jobs program’’ the Repub- vail, when no one would have ever would eliminate up to 7.4 million jobs licans are talking about. They’re not dreamed that in going through security by 2016. So if you look at the proposals talking adding jobs; they’re talking at an airport and somebody like me that the GOP has been making while about cutting them. And H.R. 7 is but asking, why did I get pulled aside for they have been in the majority, the a typical example of the kind of dam- the extra inspection and the puffery transportation bill, H.R. 7, is just one age these Republican majority Mem- and all the added scrutiny, and being example of job killing. They like to bers would do to the American econ- told, you look like you wouldn’t get call stuff ‘‘job killing.’’ That’s their lit- omy. mad. That told me a lot. I stood there tle Frank Luntz talking point. But With that, I yield back the balance of and watched for about 20 minutes. they have in actuality proposed job- my time. There were a couple of African Amer- killing legislation. Starting with H.R. f ican businessmen, well dressed, they were pulled aside for the heightened 1, The Economist, The Center for WAKE UP, AMERICA American Progress, showed that it scrutiny. They certainly had no resem- would cut a million jobs. Repealing The SPEAKER pro tempore (Mr. blance to anybody that had attacked health care reform would cut about 2 BUCSHON). Under the Speaker’s an- America on 9/11. A little old lady, one million. GOP budget cuts, that’s the nounced policy of January 5, 2011, the of our seniors, full of vim, vigor and Ryan budget, cuts to the Federal work- gentleman from Texas (Mr. GOHMERT) spirit, she was pulled aside. Anyway, force, their so-called JOBS Act, all the is recognized for 30 minutes. interesting times. way down the line. Mr. GOHMERT. Thank you, Mr. I think our Justice Department, Speaker. These are interesting days in some of our folks who are supposed to b 2000 which we live. There is supposed to be be looking out for our protection have This red is, if they could have their an old Chinese curse that says: May been lulled into a false sense of secu- way, this is the bleed of American jobs you live in interesting times; and it’s rity, and they have done what some say

VerDate Mar 15 2010 05:05 Feb 17, 2012 Jkt 019060 PO 00000 Frm 00093 Fmt 4634 Sfmt 0634 E:\CR\FM\K16FE7.107 H16FEPT1 jbell on DSK7SPTVN1PROD with HOUSE H898 CONGRESSIONAL RECORD — HOUSE February 16, 2012 would be to respond to the squeaky quate evidence to basically go forward. reach to all segments of a particular city or wheel. The OIC, the 57 Islamic nations In fact, the words ‘‘prima facia’’ were county or society is good. that make up the OIC, are the ones used by Judge Solis in his decision. I said: that invented the term Well, the FBI, over the years, seems Well, do you have a particular program of ‘‘Islamophobia,’’ and it was Islamic na- to have relaxed in some regards, want- outreach to Hindus, Buddhists, Jewish com- tions that have funded some of our Ivy ing to avoid being called Islamophobic, munity, agnostics, or is it just an extensive League schools, institutions of higher as the 57 Islamic states have shoved outreach program to—— learning yearning for more dollars to that notion further and further across He interrupted and said: accept massive contributions in return our Nation, have pushed to meet one of We have outreach to every one of those for their doing seminars and con- their 10-year stated goals, as found in communities. ferences on Islamophobia and trying to the materials of the Muslim Brother- I asked how he did that. And he make Americans think there’s some- hood archives found across the river in started to filibuster. I said: thing wrong with them if they fear the Virginia in a subbasement. One of those goals was to subvert— I have looked extensively, and I haven’t people who brought about 9/11. seen anywhere in any one from the FBI’s let- actually subject the U.S. Constitution 2010 ters information that there has been an ex- b to sharia law; and the way to do that tensive outreach program to any other com- Now, I am grateful for my Muslim was to force a pronouncement that in munity trying to develop trust in this kind friends. I am very grateful for the Mus- America you could burn a Bible, you of relationship, and it makes me wonder if lim allies we had—and have, although could put a cross in urine, you could there is an issue of trust or some problem this administration is throwing them call Christians all kinds of names, blas- like that that the FBI has seen in that par- under the bus—that we have in north- pheme Jesus Christ, you can burn an ticular community. ern Afghanistan, the Northern Alli- American flag, call the American Gov- b 2020 ance, those in the Balochistan area of ernment all kinds of names, but under And just so there’s no mistaking, let Pakistan. We’ve got Muslim friends all no circumstances should anyone defile me just read directly from the judge’s over the world. We have Muslim friends a Koran. opinion in the Holy Land Foundation As a Christian, I do not think anyone in this country who love the freedom case in response to the effort by ISNA, should ever abuse a Koran in any way. here, who don’t want to see this coun- CAIR, NAIT, the Holy Land Founda- try hurt. But the Constitution says if somebody wants to burn a Bible, that’s been in- tion, and others. But there are those who have con- The judge said: terpreted to mean you can burn a tributed to terrorism. There are those The government has produced ample evi- who have come here from other coun- Bible. It’s a freedom of speech issue. If you want to burn a flag, we’re told you dence to establish the associations of CAIR, tries who hope to see our demise. My ISNA, and NAIT with the Holy Land Founda- brother, who was living out north of can do that. tion, the Islamic Association for Palestine, the beltway, was shocked on 9/11, that Well, we had the Director of the FBI and with Hamas. While the Court recognizes afternoon, to see in a Muslim area come before our Judiciary Committee that the evidence produced by the govern- north of the beltway children jumping in the not-too-distant past. And these ment largely predates the HLF designation and yelling and rejoicing over the are some of the documents that have date, the evidence is nonetheless sufficient to show the association of these entities deaths of Americans in the Pentagon been involved in the prosecution of the Holy Land Foundation in which groups with the Holy Land Foundation, the Islamic and in the 9/11 towers. There was a like the Islamic Society of North Association for Palestine, and Hamas. time when Americans would have had America, CAIR, others, were named co- There was plenty of evidence to sup- more sensitivity than that. They would conspirators. In any event, Director port that, according to the judge. That be so grateful to be in America they Mueller, March 16 of last year, before was affirmed by the Fifth Circuit. would not rejoice in the loss of inno- our Judiciary Committee, had testified It is important to note that, out of cent lives by Islamic jihadists. in answer to a number of questions concern for the FBI’s outreach pro- The 9/11 Commission, bipartisan as it that, gosh, they viewed the Muslim gram, and the State Department, and was, came to conclusions—with all of community as absolutely the same as the White House, for reaching out and which I don’t agree—but they made a any other community, even those Mus- bringing in people who courts have said very good-faith effort. They came to lim communities that rejoiced over 9/ have supported terrorism, and these the conclusion about certain things, 11—he didn’t say this, but it was people are being brought in—in the and it was clear that the actions of the clear—that rejoiced over the deaths of military we said brought inside the terrorists that killed over 3,000 Ameri- Americans on 9/11. They saw them just wire—in this case, brought inside the cans were those of Islamic extremists, like every other community. He also State Department, brought inside The not rank-and-file, but Islamic extrem- testified about the positive outreach White House on a regular basis, ists who believed that jihad meant the that the FBI had been making to Mus- brought inside the Justice Department, destruction of our way of life here in lim communities. my friend, FRANK WOLF, had this lan- America, of Americans as infidels be- Well, I don’t have a problem with guage added to the continuing resolu- cause they do not believe the same that, but why would the FBI see the tion that was passed, that President way. need to make positive outreach into Obama signed into law. This is lan- Who would have believed that 101⁄2 any community of a specific nature? guage in the law, and my friend, Mr. years later the mean people would not So, after Director Mueller had indi- WOLF, included it to reference the be those who have refused to denounce cated, yes, we have this wonderful out- FBI’s policy. terrorist activities, those groups who reach program with the Muslim com- It says, and this is the language in have not only refused to denounce ter- munities and those communities are the law: rorist activity but who have actually exactly like every other community, I supported terrorist activity through Conferees support the FBI’s policy prohib- said: iting any formal non-investigative coopera- Hamas and Hezbollah—known terrorist You had mentioned earlier—and it is in tion with unindicted coconspirators in ter- organizations—and against whom there your written statement—that the FBI has rorism cases. The conferees expect the FBI is sufficient evidence, as found by a developed extensive outreach to Muslim to insist on full compliance with this policy district court in Texas and by the Fed- communities. And in answer to an earlier by FBI field offices, and to report to the eral Fifth Circuit Court of Appeals, suf- question, I understood you to say that Mus- Committees on Appropriations regarding any ficient evidence to move forward with lim communities were like all other commu- violation of the policy. nities. So I’m curious, as a result of the ex- the case. That’s because the judge in tensive outreach program the FBI has had to Well, guess what? We didn’t get this the district court, Judge Solis, and the the Muslim community, how has your out- from the FBI. We had to get it from the Fifth Circuit agreed that there was reach program gone with the Baptists and Islamic Society of North America’s prima facia evidence of Muslim groups the Catholics? own Web site. They reported that on here in America who were named but Mr. Mueller said: Wednesday, February 8, that’s this unindicted coconspirators in funding I am not certain of necessarily the thrust year, the American Arab Anti-discrimi- terrorism, ‘‘prima facia’’ meaning ade- of that question. I would say that our out- nation Committee, the Arab American

VerDate Mar 15 2010 05:05 Feb 17, 2012 Jkt 019060 PO 00000 Frm 00094 Fmt 4634 Sfmt 0634 E:\CR\FM\K16FE7.109 H16FEPT1 jbell on DSK7SPTVN1PROD with HOUSE February 16, 2012 CONGRESSIONAL RECORD — HOUSE H899 Institute, the Interfaith Alliance, the through and cull material that in- deavor, a struggle to preserve our Republic, Islamic Society of North America, cludes words like jihad, words like our religion, and our civilization to set free ISNA, which has been pronounced by Islamist. a suffering humanity. the Fifth Circuit as having plenty of And, in fact, and I really do wish, Mr. He goes on and prays for a very long evidence to support that they fund ter- Speaker, that our Director of the FBI time on D-day as our troops were try- rorism and have, and then it mentions would be as concerned about this law ing to retake Europe. other groups, including the Shoulder- as he is about laws that don’t exist, but He also says in his prayer: to-Shoulder Campaign. his concern is about offending people And, O Lord, give us faith. Give us faith in But they, it says: who have been supporting terrorism Thee; faith in our sons; faith in each other; They had an opportunity to discuss the that has been killing innocent people faith in our crusade. Let not the keenness of matter with the Public Affairs Office of the around the world. our spirit ever be dulled. Let not the impacts FBI. Director Robert Mueller joined the Instead, this is what we have as a re- of temporary events, of temporal matters of meeting to discuss these matters with rep- sult of the efforts by this administra- but fleeting moment—let not these deter us resentatives from the organizations. tion and the Director of the FBI. The 9/ in our unconquerable purpose. With Thy The conversation with Director 11 Commission report mentioned 322 blessing, we shall prevail over the unholy forces of our enemy. Mueller centered on material used by times Islam because the people who the agency that depicts falsehoods and were the hijackers, the people that Back then, Roosevelt didn’t know negative connotations of the Muslim planned the attacks, that hoped that you couldn’t call your enemy that American community. The use of the they would kill tens of thousands of wanted to take over your Nation, that material was first uncovered by Wired Americans instead of 3,000, those who wanted to kill innocent people, that magazine. helped train them in Afghanistan, wanted to take away your liberty, Roo- And that was uncovered by an orga- those who helped plan and participate sevelt didn’t know you couldn’t call nization that seems to be right in there from other radical Islamist groups, them unholy forces of our enemy. So with those who were unindicted but they were Islamists. They believed in he used those terms because he cared named coconspirators in funding ter- Islam. And thank God that they only about America. He cared about pro- rorism. represent a tiny percentage of Muslims tecting America. Well, from ISNA they say: around the world. But let’s be realistic. We want to live in peace. We want to Director Mueller informed the participants As one intelligence officer said, we are live in peace with our Muslim friends, that the FBI took the review of the training blinding ourselves to being able to see our Hindu friends, our agnostics, our material very seriously, and he pursued the who our enemy is. atheists. But for heaven’s sake, do not matter with urgency to ensure that this does Well, our FBI can be very, very keep blinding our intelligence commu- not occur again in the future. proud. No longer in training materials, nity, our justice community. ISNA President Imam Magid, who’s a as the director told the named cocon- There was a time when in America frequent visitor to the White House, spirator of terrorism, ISNA, no longer you could call things just as they were, who the White House consults on are they going to mention Islam, Mus- and in the Revolution one of the most speeches, or has, and welcomed to the lim, jihad, enemy. They don’t mention quoted statements was attributed to inner sanctum of the State Depart- the Muslim Brotherhood. They don’t Voltaire: ment, other Departments here in Wash- mention Hamas. They don’t mention I disagree with what you say but will de- ington, Magid stated: Hezbollah. They don’t mention al fend to the death your right to say it. The discovery of FBI training materials Qaeda. They don’t mention caliphate. Now, when someone disagrees with that discriminated against Muslims did dam- They don’t mention sharia law. age to the trust that was built between dedi- what you say, they want to destroy Those have been wiped clean from your life, destroy your livelihood. cated FBI officials and the American Muslim our training materials so that new FBI community. We welcome and appreciate Di- It’s time for America to wake up be- rector Mueller’s commitment to take posi- trainees, people coming in, will have no fore we get hit again. We have people tive steps toward eradicating such materials idea exactly what they’re facing be- in this country who are supporting ter- and rebuilding trust in an open dialogue. cause they’re being told, you must look rorism. There’s prima facie evidence to The director also informed participants only at a group as supporting height- establish it; the courts have found it. that to date, nearly all related FBI training ened violence. But you cannot examine This administration refused to pursue materials, including more than 160,000 pages their books, things that mean very of documents, were reviewed by subject mat- it when the evidence was clearly there, much to them, things that motivate refused to pursue these people; and inter experts multiple times. Consequently, these killers, these terrorists. You more than 700 documents, 300 presentations stead of pursuing the unindicted co- of material, have been deemed unusable by can’t look at the things and their in- conspirators after the convictions and the Bureau and pulled from the training cur- terpretations, what makes them tick. the Holy Land Foundation—oh, sure, riculum. Material was pulled from the cur- How do you defeat an enemy if you this administration says, Well, the riculum if even one component was deemed cannot look at what makes them think Bush administration wasn’t going to. to include factual errors or be in poor taste the way they do? I would think that or be stereotypical, or lack precision. The Bush administration was going to groups, our Muslim friends who want pursue the unindicted coconspirators if I guess stereotypical would mean if to help keep this country free, instead they got convictions in the Holy Land they point out that terrorists have had of demanding that we not realize that Foundation trial, which they did, near one thing in common, that that would these are Islamic jihadists that want to the end of 2008. be stereotypical. kill us, that they would be out there It’s this administration that refused Well, ISNA also reports: pointing these people out publicly and to go forward and prosecute anyone condemning them. Instead, they’re It was clear to all meeting participants further. that the issue of trust between community condemning those who simply want to members and the FBI needs to be taken seri- protect America, who want to live in So instead of prosecuting people sup- ously by all our nation’s decisionmakers. It peace, want to live in freedom. porting terrorism, this administration was evident the Bureau must strengthen its calls them into the White House, calls efforts to build trust. b 2030 them into the Justice Department and How about trust from the other side? Imagine what these same kind of says why can’t we be friends. How about condemnation of terrorist groups would have said if they had It’s time to wake up. We owe this acts? heard the prayer on D-day, live? Can country a defense with our eyes open, How about coming out and making you imagine these groups hearing with our arms and heart open to help clear all ties have been severed with Franklin Roosevelt’s prayer on radio those who really are helpless, but to Hamas and Hezbollah and those who as he prayed for 6-to-10 minutes pub- stand firm even to the death as our would seek to make terror on innocent licly, a prayer that you can find on- servicemembers are pledged to do, as I people? line? did my 4 years on active duty. Let’s Anyway, ISNA’s rejoicing because Almighty God: Our sons, pride of our Na- stand firm together until those who are they’ve gotten the FBI to actually go tion, this day have set up on a mighty en- intent on destroying us and supporting

VerDate Mar 15 2010 06:47 Feb 17, 2012 Jkt 019060 PO 00000 Frm 00095 Fmt 4634 Sfmt 0634 E:\CR\FM\K16FE7.111 H16FEPT1 jbell on DSK7SPTVN1PROD with HOUSE H900 CONGRESSIONAL RECORD — HOUSE February 16, 2012 terrorism are made to account and the Department’s final rule — Amendment of for printing and reference to the proper back off and say we’re no longer your Class E Airspace; Anaktuvuk Pass, AK calendar, as follows: enemy. Then all communities can wor- [Docket No.: FAA-2011-0867; Airspace Docket Mr. CAMP: Committee report on H.R. 3630. ship and love as one. No. 11-AAL-16] received January 26, 2012, pur- A bill to provide incentives for the creation suant to 5 U.S.C. 801(a)(1)(A); to the Com- of jobs, and for other purposes (Rept. 112– We’ve got to protect America. mittee on Transportation and Infrastruc- With that, Mr. Speaker, I yield back 399). Ordered to be printed. ture. Mr. SCOTT of South Carolina: Committee the balance of my time. 5030. A letter from the Program Analyst, on Rules. House Resolution 554. Resolution f Department of Transportation, transmitting providing for consideration of the conference the Department’s final rule — Amendment of LEAVE OF ABSENCE report to accompany the bill (H.R. 3630) to Class D and E Airspace; North Philadelphia, provide incentives for the creation of jobs, By unanimous consent, leave of ab- PA [Docket No.: FAA-2011-0625; Airspace and for other purposes (Rept. 112–400). Re- sence was granted to: Docket No. 11-AEA-16] received January 26, ferred to the House Calendar. 2012, pursuant to 5 U.S.C. 801(a)(1)(A); to the Mrs. BONO MACK (at the request of f Committee on Transportation and Infra- Mr. CANTOR) for today and February 17 structure. PUBLIC BILLS AND RESOLUTIONS on account of her daughter giving 5031. A letter from the Program Analyst, Under clause 2 of rule XII, public birth. Department of Transportation, transmitting Mr. CAMPBELL (at the request of Mr. the Department’s final rule — Amendment of bills and resolutions of the following CANTOR) for today and the balance of Class E Airspace; Byron, OH [Docket No.: titles were introduced and severally re- the week on account of illness. FAA-2011-0606; Airspace Docket No. 11-AGL- ferred, as follows: 14] received January 26, 2012, pursuant to 5 By Mr. JOHNSON of Ohio: f U.S.C. 801(a)(1)(A); to the Committee on H.R. 4048. A bill to amend title 38, United ADJOURNMENT Transportation and Infrastructure. States Code, to clarify the contracting goals 5032. A letter from the Program Analyst, and preferences of the Department of Vet- Mr. GOHMERT. Mr. Speaker, I move Department of Transportation, transmitting erans Affairs with respect to small business that the House do now adjourn. the Department’s final rule — Amendment of concerns owned and controlled by veterans; The motion was agreed to; accord- Class E Airspace; Spearfish, SD [Docket No.: to the Committee on Veterans’ Affairs. ingly (at 8 o’clock and 34 minutes FAA-2011-0431; Airspace Docket No. 11-AGL- By Mr. NEAL (for himself and Mr. BLU- p.m.), the House adjourned until to- 11] received January 26, 2012, pursuant to 5 MENAUER): morrow, Friday, February 17, 2012, at 9 U.S.C. 801(a)(1)(A); to the Committee on H.R. 4049. A bill to amend the Internal Rev- a.m. Transportation and Infrastructure. enue Code of 1986 to expand personal saving 5033. A letter from the Program Analyst, and retirement savings coverage by enabling f Department of Transportation, transmitting employees not covered by qualifying retire- EXECUTIVE COMMUNICATIONS, the Department’s final rule — Amendment of ment plans to save for retirement through automatic IRA arrangements, and for other ETC. Class E Airspace; Sturgis, SD [Docket No.: FAA-2011-0430; Airspace Docket No. 11-AGL- purposes; to the Committee on Ways and Under clause 2 of rule XIV, executive 10] received January 26, 2012, pursuant to 5 Means, and in addition to the Committee on communications were taken from the U.S.C. 801(a)(1)(A); to the Committee on Education and the Workforce, for a period to Speaker’s table and referred as follows: Transportation and Infrastructure. be subsequently determined by the Speaker, in each case for consideration of such provi- 5024. A letter from the Program Analyst, 5034. A letter from the Program Analyst, Department of Transportation, transmitting sions as fall within the jurisdiction of the Department of Transportation, transmitting committee concerned. the Department’s final rule — Amendment of the Department’s final rule — Amendment to and Establishment of Restricted Areas; By Mr. NEAL: VOR Federal Airways B-81, V-89, and V-169 in H.R. 4050. A bill to simplify and enhance the Vicinity of Chadron, Nebraska [Docket Warren Grove, NJ [Docket No.: FAA-2011- 0104; Airspace Docket No. 11-AEA-2] (RIN: qualified retirement plans, and for other pur- No.: FAA-2010-1016; Airspace Docket No. 11- poses; to the Committee on Ways and Means, ACE-6] (RIN: 2120-AA66) received January 26, 2120-AA66) received January 26, 2012, pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee and in addition to the Committee on Edu- 2012, pursuant to 5 U.S.C. 801(a)(1)(A); to the cation and the Workforce, for a period to be Committee on Transportation and Infra- on Transportation and Infrastructure. 5035. A letter from the Program Analyst, subsequently determined by the Speaker, in structure. Department of Transportation, transmitting each case for consideration of such provi- 5025. A letter from the Program Analyst, the Department’s final rule — Amendment of sions as fall within the jurisdiction of the Department of Transportation, transmitting Federal Airways; Alaska [Docket No.: FAA- committee concerned. the Department’s final rule — Amendment of 2011-0010; Airspace Docket No. 11-AAL-1] re- By Mr. STUTZMAN: Restricted Areas R-2104A, B, C, D and E; ceived January 26, 2012, pursuant to 5 U.S.C. H.R. 4051. A bill to direct the Secretary of Huntsville, AL [Docket No.: FAA-2010-0693; 801(a)(1)(A); to the Committee on Transpor- Labor to provide off-base transition training, Airspace Docket No. 11-ASO-29] (RIN: 2120- tation and Infrastructure. and for other purposes; to the Committee on AA66) received January 26, 2012, pursuant to 5036. A letter from the Program Analyst, Veterans’ Affairs, and in addition to the 5 U.S.C. 801(a)(1)(A); to the Committee on Department of Transportation, transmitting Committee on Armed Services, for a period Transportation and Infrastructure. the Department’s final rule — Amendment of to be subsequently determined by the Speak- 5026. A letter from the Program Analyst, Class E Airspace; Carroll, IA [Docket No.: er, in each case for consideration of such pro- Department of Transportation, transmitting FAA-2011-0845; Airspace Docket No. 11-ACE- visions as fall within the jurisdiction of the the Department’s final rule — Amendment of 19] received January 26, 2012, pursuant to 5 committee concerned. Class E Airspace; Huntington, WV [Docket U.S.C. 801(a)(1)(A); to the Committee on By Mr. STUTZMAN: No.: FAA-2011-1057; Airspace Docket No. 11- Transportation and Infrastructure. H.R. 4052. A bill to amend title 38, United AEA-21] received January 26, 2012, pursuant 5037. A letter from the Program Analyst, States Code, to direct the Secretary of Vet- to 5 U.S.C. 801(a)(1)(A); to the Committee on Department of Transportation, transmitting erans Affairs to establish an honorary Excel- Transportation and Infrastructure. the Department’s final rule — Establishment lence in Veterans Education Award; to the 5027. A letter from the Program Analyst, of Class E Airspace; Stuart, IA [Docket No.: Committee on Veterans’ Affairs. Department of Transportation, transmitting FAA-2011-0831; Airspace Docket No. 11-ACE- By Mr. TOWNS (for himself, Mr. the Department’s final rule — Revocation 17] received January 26, 2012, pursuant to 5 PLATTS, Mr. SCHRADER, Mr. CON- and Establishment of Compulsory Reporting U.S.C. 801(a)(1)(A); to the Committee on NOLLY of Virginia, Mr. ALTMIRE, Mr. Point; Alaska [Docket No.: FAA-2011-1238; Transportation and Infrastructure. BARROW, Mr. BISHOP of Georgia, Mr. Airspace Docket No. 11-AAL-20] received 5038. A letter from the Program Analyst, BOREN, Mr. BOSWELL, Mr. CARDOZA, January 26, 2012, pursuant to 5 U.S.C. Department of Transportation, transmitting Mr. COOPER, Mr. DONNELLY of Indi- 801(a)(1)(A); to the Committee on Transpor- the Department’s final rule — Amendment of ana, Mr. HOLDEN, Mr. MATHESON, Mr. tation and Infrastructure. Class E Airspace; Mercury, NV [Docket No.: MCINTYRE, Mr. MICHAUD, Mr. PETER- 5028. A letter from the Program Analyst, FAA-2011-0894; Airspace Docket No. 11-AWP- SON, Mr. ROSS of Arkansas, Mr. DAVID Department of Transportation, transmitting 14] received January 26, 2012, pursuant to 5 SCOTT of Georgia, Mr. SHULER, and the Department’s final rule — Amendment of U.S.C. 801(a)(1)(A); to the Committee on Mr. THOMPSON of California): VOR Federal Airways V-320 and V-440: Alas- Transportation and Infrastructure. H.R. 4053. A bill to intensify efforts to ka [Docket No.: FAA-2011-1014; Airspace identify, prevent, and recover payment error, Docket No. 11-AAL-19] (RIN: 2120-AA66) re- f waste, fraud, and abuse within Federal ceived January 26, 2012, pursuant to 5 U.S.C. REPORTS OF COMMITTEES ON spending; to the Committee on Oversight and 801(a)(1)(A); to the Committee on Transpor- PUBLIC BILLS AND RESOLUTIONS Government Reform. tation and Infrastructure. By Mr. WALZ of Minnesota (for him- 5029. A letter from the Program Analyst, Under clause 2 of rule XIII, reports of self, Ms. SLAUGHTER, and Mr. Department of Transportation, transmitting committees were delivered to the Clerk QUIGLEY):

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H.R. 4054. A bill to amend the Lobbying MCNERNEY, Mr. CALVERT, Mr. DANIEL Arizona, and Nevada, and for other purposes; Disclosure Act of 1995 to require the disclo- E. LUNGREN of California, Mr. to the Committee on Natural Resources. sure of political intelligence activities, to GARAMENDI, Ms. ZOE LOFGREN of Cali- By Mr. ROGERS of Alabama (for him- amend title 18, United States Code, to en- fornia, Ms. LEE of California, Mr. self, Mr. CHAFFETZ, Mrs. BLACKBURN, hance the prosecution of public corruption, NUNES, Ms. WOOLSEY, Mr. GALLEGLY, and Mr. WALSH of Illinois): and for other purposes; to the Committee on Mr. STARK, Ms. RICHARDSON, Mrs. H.R. 4068. A bill to require the Under Sec- the Judiciary. DAVIS of California, Mr. BERMAN, Mr. retary for Science and Technology in the De- By Ms. SPEIER (for herself, Mr. JONES, HONDA, Mr. BACA, Mr. CARDOZA, Ms. partment of Homeland Security to contract Mr. CUMMINGS, Ms. DELAURO, Mr. LINDA T. SA´ NCHEZ of California, Mr. with an independent laboratory to study the QUIGLEY, Mr. COOPER, Mr. GRIJALVA, SHERMAN, Ms. ESHOO, Mr. FILNER, health effects of backscatter x-ray machines Mr. HONDA, Mr. POLIS, and Mr. ELLI- Mrs. NAPOLITANO, Mr. MCKEON, Mr. used at airline checkpoints operated by the SON): THOMPSON of California, Mr. WAX- Transportation Security Administration and H.R. 4055. A bill to count revenues from MAN, Ms. HAHN, Mr. CAMPBELL, Mrs. provide improved notice to airline pas- military and veteran education programs to- CAPPS, Mr. ROHRABACHER, Ms. sengers; to the Committee on Homeland Se- ward the limit on Federal revenues that cer- WATERS, Ms. BASS of California, Mrs. curity. tain proprietary institutions of higher edu- BONO MACK, Ms. CHU, Ms. MATSUI, By Mr. ROHRABACHER (for himself, cation are allowed to receive for purposes of and Mr. GEORGE MILLER of Cali- Mr. COHEN, Mr. BARTLETT, Mr. section 487 of the Higher Education Act of fornia): STEARNS, Mr. KING of Iowa, Mr. 1965, and for other purposes; to the Com- H.R. 4062. A bill to designate the facility of SMITH of New Jersey, Mr. ROYCE, Mr. mittee on Education and the Workforce, and the United States Postal Service located at COBLE, Mr. FARENTHOLD, and Mr. in addition to the Committees on Armed 1444 Main Street in Ramona, California, as GOHMERT): Services, and Veterans’ Affairs, for a period the ‘‘Nelson ‘Mac’ MacWilliams Post Office H.R. 4069. A bill to award a Congressional to be subsequently determined by the Speak- Building’’; to the Committee on Oversight Gold Medal to Dr. Shakeel Afridi; to the er, in each case for consideration of such pro- and Government Reform. Committee on Financial Services. visions as fall within the jurisdiction of the By Mr. MCDERMOTT (for himself, Mr. By Mr. TURNER of New York: committee concerned. DICKS, Mr. MORAN, Mr. RANGEL, Mr. H.R. 4070. A bill to clarify certain provi- By Mr. BILBRAY (for himself, Mrs. HONDA, Mr. FARR, Ms. LEE of Cali- sions relating to the interests of Iran in cer- DAVIS of California, Mr. LEWIS of fornia, Mrs. MCCARTHY of New York, tain assets, and for other purposes; to the California, Mr. ROYCE, Mr. CALVERT, Mr. PASCRELL, and Mr. GEORGE MIL- Committee on Foreign Affairs, and in addi- Mrs. BONO MACK, and Mr. HUNTER): LER of California): tion to the Committees on Financial Serv- H.R. 4056. A bill to amend the Federal H.R. 4063. A bill to repeal section 512 of the ices, and the Judiciary, for a period to be Food, Drug, and Cosmetic Act to prevent a Credit Card Accountability Responsibility subsequently determined by the Speaker, in State or political subdivision thereof from and Disclosure Act of 2009 which relates to each case for consideration of such provi- conducting or requiring duplicative inspec- carrying certain weapons in National Parks; sions as fall within the jurisdiction of the tions of establishments in which a drug or to the Committee on Natural Resources. committee concerned. device is manufactured, processed, packed, By Mr. MULVANEY (for himself, Mr. By Mr. GINGREY of Georgia (for him- or held by a manufacturer or wholesale dis- DUNCAN of South Carolina, Mr. WIL- self, Mr. KLINE, Mr. ROONEY, Mr. tributor of the drug or device; to the Com- SON of South Carolina, Mr. WALSH of WESTMORELAND, Mr. JONES, Mrs. mittee on Energy and Commerce. Illinois, Mr. CANSECO, Mr. BROUN of BLACKBURN, Mr. LONG, Mr. By Mr. BILIRAKIS: Georgia, Mr. FINCHER, Mr. WEST- NUNNELEE, Mr. HUIZENGA of Michi- H.R. 4057. A bill to amend title 38, United MORELAND, Mr. GRAVES of Georgia, gan, Mr. MARCHANT, Mr. PAUL, Mr. States Code, to direct the Secretary of Vet- Mr. SCHWEIKERT, Mr. MARCHANT, Mr. BURTON of Indiana, Mr. MILLER of erans Affairs to develop a comprehensive FLORES, Mr. ROE of Tennessee, Mr. Florida, Mr. BILIRAKIS, Ms. JENKINS, policy to improve outreach and transparency YODER, and Mr. HUELSKAMP): Mr. LANKFORD, Mr. COBLE, Mr. to veterans and members of the Armed H.R. 4064. A bill to amend the Internal Rev- CANSECO, Mr. GOSAR, Mr. LATTA, Mr. Forces through the provision of information enue Code of 1986 to repeal certain tax in- MULVANEY, Mr. DUNCAN of South on institutions of higher learning, and for creases; to the Committee on Ways and Carolina, Mr. WILSON of South Caro- other purposes; to the Committee on Vet- Means, and in addition to the Committee on lina, Mrs. BLACK, Mr. YODER, Mr. erans’ Affairs. Energy and Commerce, for a period to be HUELSKAMP, Mr. ROE of Tennessee, By Mr. BLUMENAUER: subsequently determined by the Speaker, in Mr. SCHWEIKERT, Mr. COLE, Mr. CUL- H.R. 4058. A bill to amend title 11 of the each case for consideration of such provi- BERSON, Mr. RIBBLE, Mr. WALSH of Il- United States Code to provide authority to sions as fall within the jurisdiction of the linois, Mr. QUAYLE, Mr. BROOKS, Mr. modify certain mortgages on principal resi- committee concerned. CONAWAY, Mr. KING of Iowa, Mr. dences of debtors to prevent foreclosure; and By Mr. PIERLUISI (for himself, Mr. GRAVES of Georgia, Mr. GOHMERT, for other purposes; to the Committee on the SERRANO, Mr. SABLAN, Mrs. Mr. WALBERG, Mr. OLSON, Mr. AKIN, Judiciary, and in addition to the Committees CHRISTENSEN, Mr. FALEOMAVAEGA, Mr. BROUN of Georgia, Mrs. ROBY, Mr. on Financial Services, and Veterans’ Affairs, and Ms. VELA´ ZQUEZ): LANDRY, Mrs. MYRICK, Mr. BOUSTANY, for a period to be subsequently determined H.R. 4065. A bill to amend title XVIII of the Mr. SULLIVAN, Mr. CARTER, Mr. by the Speaker, in each case for consider- Social Security Act to provide parity to GOWDY, Mr. DUNCAN of Tennessee, ation of such provisions as fall within the ju- Puerto Rico hospitals with respect to inpa- Mr. HARRIS, Mr. MACK, Mr. STIVERS, risdiction of the committee concerned. tient hospital payments under the Medicare Mr. BUCSHON, Mr. DESJARLAIS, Mr. By Mrs. BONO MACK (for herself, Mr. program; to the Committee on Ways and CALVERT, Mr. ALEXANDER, Mr. KING- INSLEE, Mr. COLE, Ms. ESHOO, Mr. Means. STON, Mr. WOMACK, Mr. AUSTRIA, Mr. GRIJALVA, Mr. KILDEE, and Mr. DEFA- By Mr. PRICE of Georgia (for himself GRIFFIN of Arkansas, Mr. SESSIONS, ZIO): and Mr. KIND): Mr. POMPEO, Mr. PEARCE, and Mr. H.R. 4059. A bill to amend the Communica- H.R. 4066. A bill to amend titles XVIII and AUSTIN SCOTT of Georgia): tions Act of 1934 to establish a position for a XIX of the Social Security Act to exclude pa- H.J. Res. 103. A joint resolution providing representative of Indian Tribes on the Joint thologists from incentive payments and pen- for congressional disapproval under chapter 8 Board overseeing the implementation of uni- alties under Medicare and Medicaid relating of title 5, United States Code, of the rule versal service, and for other purposes; to the to the meaningful use of electronic health submitted by the National Labor Relations Committee on Energy and Commerce. records; to the Committee on Energy and Board relating to representation election By Mr. FLEISCHMANN: Commerce, and in addition to the Committee procedures; to the Committee on Education H.R. 4060. A bill to amend the Balanced on Ways and Means, for a period to be subse- and the Workforce. Budget and Emergency Deficit Control Act quently determined by the Speaker, in each By Mr. GERLACH (for himself, Mr. of 1985 to cap the level of Federal spending at case for consideration of such provisions as NEAL, Mr. BUCHANAN, Mrs. BIGGERT, $949 billion for each of fiscal years 2013 fall within the jurisdiction of the committee Mr. SAM JOHNSON of Texas, Mr. through 2021, and for other purposes; to the concerned. ROYCE, Mr. PAUL, Mr. SCHOCK, Mr. Committee on the Budget. By Mr. QUAYLE (for himself and Mr. PLATTS, Mr. HERGER, Mr. TIBERI, Mr. By Mr. HUNTER: GOSAR): BILBRAY, Mr. PAULSEN, Ms. JENKINS, H.R. 4061. A bill to support statewide indi- H.R. 4067. A bill to approve the settlement Mr. WALBERG, Mr. WESTMORELAND, vidual-level integrated postsecondary edu- of water rights claims of the Navajo Nation, Mr. JONES, Mr. HUIZENGA of Michi- cation data systems, and for other purposes; the Hopi Tribe, and the allottees of the Nav- gan, Mr. LOBIONDO, Mr. FITZPATRICK, to the Committee on Education and the ajo Nation and Hopi Tribe in the State of Ar- Mr. TURNER of Ohio, Mr. GARY G. Workforce. izona, to authorize construction of municipal MILLER of California, Mr. STIVERS, By Mr. HUNTER (for himself, Mr. water projects relating to the water rights Mr. BISHOP of Utah, Mr. PITTS, Mr. MCCLINTOCK, Mr. COSTA, Ms. SPEIER, claims, to resolve litigation against the WILSON of South Carolina, Mrs. Mr. BILBRAY, Mr. SCHIFF, Mr. ROYCE, United States concerning Colorado River op- BLACK, Mr. LATHAM, Mr. GUINTA, Mr. Mr. HERGER, Mr. DENHAM, Mr. erations affecting the States of California, AUSTRIA, Mr. KING of Iowa, Mr.

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NUNES, Mr. CHAFFETZ, Mr. MURPHY of and expressing the condolences of the House Congress has the power to enact this legis- Connecticut, Mr. REICHERT, Mr. of Representatives to her family upon her lation pursuant to the following: DAVIS of Kentucky, Mr. MARCHANT, death; to the Committee on Education and This bill is enacted pursuant to the power Mr. GUTHRIE, Mr. LUETKEMEYER, Mr. the Workforce. granted to Congress under Article 1, Section 8 of the United States Constitution. TERRY, Mr. NEUGEBAUER, Mr. LEWIS f of California, Mrs. CAPITO, Mr. By Mr. BILBRAY: CHABOT, Mr. MEEHAN, Mr. BOUSTANY, CONSTITUTIONAL AUTHORITY H.R. 4056. Mr. THOMPSON of Pennsylvania, Mr. STATEMENT Congress has the power to enact this legis- PRICE of Georgia, Mr. DENT, Mr. lation pursuant to the following: MCCOTTER, Mr. BASS of New Hamp- Pursuant to clause 7 of rule XII of Article VI, Clause 2: This Constitution, and shire, Mr. MILLER of Florida, Mr. the Rules of the House of Representa- the Laws of the United States which shall be DUNCAN of South Carolina, Mr. tives, the following statements are sub- made in Pursuance thereof; and all Treaties STUTZMAN, Mr. AKIN, Mr. LATTA, Mr. mitted regarding the specific powers made, or which shall be made, under the Au- SCOTT of South Carolina, Mr. granted to Congress in the Constitu- thority of the United States, shall be the su- MCKEON, Ms. BERKLEY, Mr. LARSON of tion to enact the accompanying bill or preme Law of the Land; and the Judges in Connecticut, Mr. RANGEL, Mr. LEWIS joint resolution. every State shall be bound thereby, any of Georgia, Mr. KIND, Mr. CICILLINE, Thing in the Constitution or Laws of any Mr. LANGEVIN, Mr. WELCH, Mr. By Mr. LUETKEMEYER: State to the Contrary notwithstanding. MICHAUD, Mr. STARK, Mr. PASCRELL, H.R 2453. By Mr. BILIRAKIS: Mr. MORAN, Mrs. MCCARTHY of New Congress has the power to enact this legis- H.R. 4057. York, Ms. SCHWARTZ, Mr. YARMUTH, lation pursuant to the following: Congress has the power to enact this legis- Ms. PINGREE of Maine, Mr. HEINRICH, Article I, Section 8, Clause 5 states: ‘‘The lation pursuant to the following: Mr. HOLT, Mr. FILNER, Mr. CARSON of Congress shall have Power . . . To coin Article I, section 8 of the United States Indiana, Mr. ANDREWS, Mr. MATHE- Money, regulate the Value thereof, and of Constitution (clauses 12, 13, 14, and 16), which SON, Mr. COURTNEY, Mr. LOEBSACK, foreign Coin, and fix the Standard of Weights grants Congress the power to raise and sup- Mrs. MALONEY, Mr. MCDERMOTT, Mr. and Measures.’’ port an Army; to provide and maintain a MCGOVERN, Mr. BISHOP of New York, By Mr. JOHNSON of Ohio: Navy; to make rules for the government and Mr. THOMPSON of California, Mr. BOS- H.R. 4048. regulation of the land and naval forces; and WELL, Mr. CAPUANO, Mr. HOLDEN, Ms. Congress has the power to enact this legis- to provide for organizing, arming, and dis- SPEIER, Mr. KEATING, Mr. BACA, Mr. lation pursuant to the following: ciplining the militia. BECERRA, Mr. LYNCH, Ms. WOOLSEY, Article I, section 8 of the Constitution of By Mr. BLUMENAUER: Ms. LORETTA SANCHEZ of California, the United States. H.R. 4058. Mr. BRALEY of Iowa, Ms. MATSUI, Mr. By Mr. NEAL: Congress has the power to enact this legis- PERLMUTTER, Mr. PAYNE, Ms. MOORE, H.R. 4049. lation pursuant to the following: Mr. KILDEE, Mr. ALTMIRE, Mr. FRANK Congress has the power to enact this legis- The Constitution of the United States proof Massachusetts, Mr. CRITZ, and Mr. lation pursuant to the following: vides clear authority for Congress to pass MARKEY): Congress has the power to enact this legis- legislation to provide equity in the bank- H. Con. Res. 101. Concurrent resolution ex- lation pursuant to Clause 1 of Section 8 of ruptcy process. Article I, Section 8, Clause 4 pressing the sense of the Congress that our Article I and the 16th Amendment to the of the Constitution provides that Congress current tax incentives for retirement savings U.S. Constitution. has the power to ‘‘establish an uniform Rule provide important benefits to Americans to By Mr. NEAL: of Naturalization, and uniform Laws on the help plan for a financially secure retirement; H.R. 4050. subject of Bankruptcies throughout the to the Committee on Ways and Means. Congress has the power to enact this legis- United States’’. By Mr. RYAN of Ohio (for himself, Mr. lation pursuant to the following: By Mrs. BONO MACK: KUCINICH, Ms. KAPTUR, Mr. LATOU- Congress has the power to enact this legis- H.R. 4059. RETTE, Mr. LATTA, Mr. CHABOT, Mr. lation pursuant to Clause 1 of Section 8 of Congress has the power to enact this legis- TIBERI, Ms. SUTTON, and Ms. FUDGE): Article I and the 16th Amendment to the lation pursuant to the following: H. Con. Res. 102. Concurrent resolution U.S. Constitution. The authority for enactment of this Bill commemorating and praising the Honorable By Mr. STUTZMAN: flows from Article I, Section 8, clause 3 of John Glenn on the 50th anniversary of his H.R. 4051. the U.S. Constitution. Congress may pre- historic orbital space flight; to the Com- Congress has the power to enact this legis- scribe by statute the procedures which are mittee on Science, Space, and Technology. lation pursuant to the following: reasonably necessary to effectuate its con- By Mr. LIPINSKI (for himself, Mr. Article I, section 8 of the Constitution of stitutional purpose of regulating commerce MANZULLO, Ms. SUTTON, Mr. HOLT, the United States. among the several states. Mr. REYES, Ms. BORDALLO, Mr. HINO- By Mr. STUTZMAN: By Mr. FLEISCHMANN: JOSA, Ms. ZOE LOFGREN of California, H.R. 4052. H.R. 4060. Mr. MCNERNEY, Mr. BARTON of Texas, Congress has the power to enact this legis- Congress has the power to enact this legis- Mr. PAYNE, Mr. TONKO, Mr. ROHR- lation pursuant to the following: lation pursuant to the following: ABACHER, Ms. RICHARDSON, Mr. Article I, section 8 of the Constitution of Article I, Section 8, clause 1 & 18. HONDA, Mr. CALVERT, Mr. MCCAUL, the United States. By Mr. HUNTER: Ms. EDDIE BERNICE JOHNSON of Texas, By Mr. TOWNS: H.R. 4061. Mr. GRIJALVA, Mr. CARNAHAN, Mr. H.R. 4053. Congress has the power to enact this legis- MILLER of North Carolina, Mrs. Congress has the power to enact this legislation pursuant to the following: CHRISTENSEN, Mr. MCKINLEY, and Ms. lation pursuant to the following: Article I, section 8, clauses 1 and 18. HIRONO): This Bill is enacted pursuant to Article I, By Mr. HUNTER: H. Res. 552. A resolution supporting the Section 8, Clause 3 of the United States Con- H.R. 4062. goals and ideals of National Engineers Week; stitution, known as the ‘‘Commerce Clause.’’ Congress has the power to enact this legis- to the Committee on Science, Space, and This provision grants Congress the broad lation pursuant to the following: Technology. power to ‘‘regulate Commerce with foreign Article I, section 8, clause 7 By Mr. LARSON of Connecticut: Nations, and among the several States, and By Mr. MCDERMOTT: H. Res. 553. A resolution electing Members with the Indian Tribes.’’1 H.R. 4063. to certain standing committees of the House By Mr. WALZ of Minnesota: Congress has the power to enact this legis- of Representatives; considered and agreed to. H.R. 4054. lation pursuant to the following: By Mr. PAYNE (for himself, Mr. CON- Congress has the power to enact this legis- ‘‘The Congress will have the Power to dis- YERS, Ms. JACKSON LEE of Texas, Ms. lation pursuant to the following: pose of and make all needful Rules and Regu- RICHARDSON, Mr. JACKSON of Illinois, This bill is enacted pursuant to the power lations respecting the Territory or other Mrs. CHRISTENSEN, Mr. DAVIS of Illi- granted to Congress under Article I, Section Property belonging to the United States’’ nois, Mr. MEEKS, Mr. CUMMINGS, Ms. 8 of the United States Constitution. (article IV, section 3). FUDGE, Ms. SEWELL, Mr. RANGEL, Mr. By Ms. SPEIER: By Mr. MULVANEY: ROTHMAN of New Jersey, Mr. BISHOP H.R. 4055. H.R. 4064. of Georgia, Mr. RUSH, Ms. BROWN of Congress has the power to enact this legis- Florida, Ms. LEE of California, Ms. lation pursuant to the following: 1 Please note, pursuant to Article I, section 8, Con- WILSON of Florida, Ms. EDDIE BER- ‘‘clause 1 of Section 8 of Article I of the gress has the power ‘‘to make all Laws which shall U.S. Constitution.’’ NICE JOHNSON of Texas, Mr. CLEAVER, be necessary and proper for carrying into Execution and Ms. WATERS): the foregoing Powers, and all other Powers vested By Mr. PIERLUISI: H. Res. 555. A resolution to commemorate by this Constitution in the Government of the H.R. 4065. the life and accomplishments of Whitney United States, or in any Department or Officer Congress has the power to enact this legis- Elizabeth Houston over the past 48 years; thereof.’’ lation pursuant to the following:

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The constitutional authority on which this H.R. 458: Mr. POLIS and Ms. MOORE. H.R. 3068: Mr. CHABOT, Mr. FRANKS of Ari- bill rests is the power of the Congress to pro- H.R. 511: Mr. FARR and Mr. GALLEGLY. zona, and Mrs. LUMMIS. vide for the general welfare of the United H.R. 556: Mr. NUGENT. H.R. 3096: Mr. BUCHANAN. States, as enumerated in Article I, Section 8, H.R. 587: Ms. WOOLSEY. H.R. 3151: Mr. MICHAUD. Clause 1 of the United States Constitution; H.R. 601: Ms. CHU. H.R. 3156: Mr. HASTINGS of Florida. H.R. 711: Mr. DOGGETT. to make all laws which shall be necessary H.R. 3187: Ms. EDDIE BERNICE JOHNSON of H.R. 733: Mr. COSTELLO. and proper for carrying into execution such Texas and Mr. MEEKS. H.R. 769: Ms. PINGREE of Maine. power, as enumerated in Article I, Section 8, H.R. 3225: Mr. WATT. Clause 18 of the Constitution; and to make H.R. 807: Mr. BRADY of Pennsylvania, Mr. ´ H.R. 3313: Ms. BROWN of Florida and Ms. rules and regulations respecting the U.S. ter- DINGELL, and Mr. LUJAN. HAHN. ritories, as enumerated in Article IV, Sec- H.R. 835: Mr. ALTMIRE. H.R. 3515: Mr. CONYERS, Mrs. CHRISTENSEN, tion 3, Clause 2 of the Constitution. H.R. 870: Mr. ELLISON, Mr. CARSON of Indi- Ms. EDDIE BERNICE JOHNSON of Texas, Mr. By Mr. PRICE of Georgia: ana, and Mr. MEEKS. DAVIS of Illinois, and Mr. RANGEL. H.R. 4066. H.R. 931: Ms. GRANGER, Mr. BROUN of Geor- Congress has the power to enact this legis- gia, Mr. CANSECO, Mr. BRADY of Texas, Mr. H.R. 3523: Mr. SHUSTER, Mr. OLSON, Mr. lation pursuant to the following: KING of Iowa, Mr. CULBERSON, Mr. COLE, Mr. KLINE, Mrs. BONO MACK, Mr. BACHUS, and Mr. Current law has created a regulatory DIAZ-BALART, Mr. PEARCE, Mr. WESTMORE- SCHOCK. structure over the health care system. In LAND, and Mr. WOODALL. H.R. 3541: Mr. POMPEO. order to make this system more compatible H.R. 1006: Mr. JORDAN. H.R. 3551: Mr. FARENTHOLD. with a proper Constitutional structure, this H.R. 1175: Ms. EDDIE BERNICE JOHNSON of H.R. 3572: Mr. MORAN and Mr. FILNER. bill will ensure that there is less regulation Texas, Mr. CRAVAACK, and Mr. RIBBLE. H.R. 3586: Mr. SCHOCK. H.R. 1179: Mr. LATOURETTE, Mr. AUSTIN impeding the ability of pathologists to pro- H.R. 3590: Mr. SMITH of New Jersey. SCOTT of Georgia, Mr. GRAVES of Georgia, vide important services to patients and doc- H.R. 3596: Mr. TIERNEY, Mr. HONDA, and Mr. Ms. ROS-LEHTINEN, Mr. AMASH, Mr. GRIMM, tors. BERMAN. Mr. ROGERS of Kentucky, Mr. STEARNS, Mrs. By Mr. QUAYLE: H.R. 3608: Mr. GARY G. MILLER of Cali- CAPITO, and Mr. WEST. H.R. 4067. fornia and Mr. BROOKS. H.R. 1186: Mr. LANKFORD. Congress has the power to enact this legis- H.R. 3611: Mr. FORBES. H.R. 1206: Mr. PALAZZO. lation pursuant to the following: H.R. 1340: Mr. CRAVAACK. H.R. 3618: Ms. WATERS. Article 1, Section 1 of the United States H.R. 1370: Mr. GRAVES of Georgia. H.R. 3626: Mr. JACKSON of Illinois and Ms. Constitution; Article 1 Section 8 of the H.R. 1381: Mr. SIRES. WOOLSEY. United States Constitution, including but H.R. 1386: Mr. BISHOP of New York and Mr. H.R. 3635: Mr. TOWNS, Mr. RANGEL, and Mr. not limited to, Clauses 1, 3, 18. BERMAN. HINCHEY. By Mr. ROGERS of Alabama: H.R. 1417: Mr. BLUMENAUER. H.R. 3654: Mr. STARK. H.R. 4068. H.R. 1479: Ms. LEE of California. H.R. 3662: Mr. OLSON, Mr. REHBERG, Mr. Congress has the power to enact this legis- H.R. 1524: Ms. NORTON. KINGSTON, and Mr. MCCAUL. lation pursuant to the following: H.R. 1558: Mr. SCHWEIKERT. H.R. 3674: Mr. MEEHAN. Article I, Section 8, Clause 1 of the Con- H.R. 1681: Mr. CONNOLLY of Virginia. H.R. 3676: Mr. KLINE. stitution of the United States H.R. 1684: Mr. BRADY of Pennsylvania. H.R. 3698: Mr. COFFMAN of Colorado. Article I, Section 8, Clause 18 of the Con- H.R. 1704: Mr. SIRES, Ms. BONAMICI, Mr. H.R. 3767: Ms. BORDALLO. stitution of the United States VAN HOLLEN, Mr. POLLS, Mr. DONNELLY of In- ISHOP By Mr. ROHRABACHER: diana, Mr. TIERNEY, and Ms. JACKSON LEE of H.R. 3790: Mr. B of Georgia. H.R. 4069. Texas. H.R. 3803: Mr. GOSAR. Congress has the power to enact this legis- H.R. 1738: Mr. LUJA´ N. H.R. 3805: Mr. RYAN of Wisconsin and Mr. lation pursuant to the following: H.R. 1744: Mr. REHBERG. OLSON. Section 8 of Article 1 of the Constitution H.R. 1895: Mr. RANGEL. H.R. 3806: Mr. SCHILLING, Mr. WEST, and By Mr. TURNER of New York: H.R. 1903: Mr. ELLISON. Ms. BUERKLE. H.R. 4070. H.R. 1912: Ms. SUTTON. H.R. 3811: Mr. GARY G. MILLER of Cali- Congress has the power to enact this legis- H.R. 1955: Mr. RANGEL. fornia. lation pursuant to the following: H.R. 2020: Ms. DEGETTE and Mr. ROSS of H.R. 3820: Ms. CLARKE of New York. Article I, Section 8, Clause 9 of the Con- Arkansas. H.R. 3826: Mr. ISRAEL, Ms. WILSON of Flor- stitution of the United States: H.R. 2052: Mr. MANZULLO and Mr. THOMP- ida, and Mr. TOWNS. [The Congress shall have Power] To con- SON of California. H.R. 3828: Mr. KLINE. stitute Tribunals inferior to the supreme H.R. 2088: Ms. NORTON. H.R. 3860: Ms. KAPTUR. Court; H.R. 2098: Mr. FATTAH, Mr. DAVIS of Illi- H.R. 3866: Mr. MEEKS, Mr. STARK, and Ms. Article I, Section 8, Clause 18 of the Con- nois, Ms. CLARKE of New York, and Ms. LEE stitution of the United States of California. WILSON of Florida. The Congress shall have Power to make all H.R. 2179: Mrs. HARTZLER. H.R. 3895: Mr. LOBIONDO and Mr. FLORES. Laws which shall be necessary and proper for H.R. 2187: Mr. BRADY of Pennsylvania. H.R. 3974: Ms. SCHAKOWSKY. carrying into Execution the forgoing Powers, H.R. 2255: Mr. HONDA. H.R. 3982: Mr. MARCHANT and Mr. JOHNSON and all other Powers vested by this Constitu- H.R. 2288: Mr. BOSWELL and Mr. MEEKS. of Ohio. tion in the Government of the United States H.R. 2299: Mr. FLORES. H.R. 4010: Ms. PINGREE of Maine, Ms. JACK- or in any Department or Officer thereof. H.R. 2308: Mr. GARY G. MILLER of Cali- SON LEE of Texas, and Mr. LUJA´ N. By Mr. GINGREY of Georgia: fornia. H.R. 4036: Mr. ROE of Tennessee, Mr. WALSH H.J. Res. 103. H.R. 2310: Mrs. DAVIS of California. of Illinois, Mr. COLE, Mr. POSEY, Mrs. LUM- Congress has the power to enact this legis- H.R. 2335: Mr. MCHENRY, Mr. GRIFFIN of Ar- MIS, and Mr. PEARCE. lation pursuant to the following: kansas, Mr. DESJARLAIS, Mr. FRANKS of Ari- H.R. 4045: Mr. PAULSEN and Mr. CRAVAACK. Article I, Section 8, Clause 3 of the Con- zona, Mr. WALSH of Illinois, Mr. WESTMORE- H.R. 4046: Mrs. MCMORRIS RODGERS and Mr. stitution that states, ‘‘The Congress shall LAND, Mr. CULBERSON, Mr. LAMBORN, Mr. HULTGREN. have Power . . . To regulate Commerce with KING of Iowa, Mr. MULVANEY, Mrs. LUMMIS, H.J. Res. 90: Ms. SCHAKOWSKY. foreign Nations, and among the several Mr. LANKFORD, Mr. ROE of Tennessee, Mr. H.J. Res. 102: Mr. LAMBORN, Mr. POSEY, Mr. States, and with the Indian Tribes’’ HARRIS, Mr. PEARCE, Mr. BISHOP of Utah, Mr. FRANKS of Arizona, Mr. ROE of Tennessee, f YOUNG of Alaska, and Ms. BUERKLE. Mr. MULVANEY, Mrs. LUMMIS, and Mrs. H.R. 2367: Mr. MCNERNEY. SCHMIDT. ADDITIONAL SPONSORS H.R. 2387: Mr. RIGELL. H. Con. Res. 87: Mr. WEST. H.R. 2407: Mr. SCHIFF. Under clause 7 of rule XII, sponsors H. Res. 180: Ms. LORETTA SANCHEZ of Cali- H.R. 2414: Mr. NUGENT. fornia. were added to public bills and resolu- H.R. 2529: Mr. BERG and Mr. ALEXANDER. H. Res. 253: Mr. SCHILLING. tions as follows: H.R. 2569: Mr. MATHESON, Mr. DEUTCH, Mr. H.R. 23: Ms. BERKLEY. GRIMM, Mr. CRENSHAW, Mr. STARK, and Mr. H. Res. 271: Mr. JORDAN. H.R. 121: Mr. YODER. PIERLUISI. H. Res. 275: Mr. SHERMAN. H.R. 125: Mr. UPTON. H.R. 2595: Mr. GENE GREEN of Texas. H. Res. 367: Mr. WEST. H.R. 205: Mr. KIND. H.R. 2679: Ms. LEE of California. H. Res. 538: Mr. OWENS, Mr. REED, Mr. H.R. 262: Mr. WALZ of Minnesota. H.R. 2866: Mr. SCHOCK and Mr. CAPUANO. JOHNSON of Georgia, Ms. SLAUGHTER, Mr. H.R. 329: Mr. NUGENT and Mr. COURTNEY. H.R. 2954: Mr. TONKO. BURTON of Indiana, Mr. ROTHMAN of New Jer- H.R. 409: Mr. ROSS of Florida and Mr. H.R. 3059: Mr. TONKO, Mr. LYNCH, and Mr. sey, and Mr. CARTER. NUGENT. HALL. H. Res. 543: Mr. ENGEL.

VerDate Mar 15 2010 05:05 Feb 17, 2012 Jkt 019060 PO 00000 Frm 00099 Fmt 4634 Sfmt 0634 E:\CR\FM\A16FE7.061 H16FEPT1 jbell on DSK7SPTVN1PROD with HOUSE E PL UR UM IB N U U S Congressional Record United States th of America PROCEEDINGS AND DEBATES OF THE 112 CONGRESS, SECOND SESSION

Vol. 158 WASHINGTON, THURSDAY, FEBRUARY 16, 2012 No. 26 Senate The Senate met at 10 a.m. and was APPOINTMENT OF ACTING quickly as we can. We are going to see called to order by the Honorable TOM PRESIDENT PRO TEMPORE if things can be expedited, but it ap- UDALL, a Senator from the State of The PRESIDING OFFICER. The pears that we will be in at least for to- New Mexico. clerk will please read a communication morrow. I hope we don’t have to be in to the Senate from the President pro longer than that, but it all depends on PRAYER tempore (Mr. INOUYE). when the House completes the work on The PRESIDING OFFICER. Today’s The legislative clerk read the fol- the conference report. That is not opening prayer will be offered by the lowing letter: scheduled yet. Reverend Dr. Costa G. Christo, senior U.S. SENATE, f pastor of the St. George Greek Ortho- PRESIDENT PRO TEMPORE, MEASURE PLACED ON THE dox Cathedral in Philadelphia, PA. Washington, DC, February 16, 2012. CALENDAR—S. 2111 The guest Chaplain offered the fol- To the Senate: lowing prayer: Under the provisions of rule I, paragraph 3, Mr. REID. Mr. President, there is a Let us bow our heads in prayer. of the Standing Rules of the Senate, I hereby bill at the desk due for a second read- appoint the Honorable TOM UDALL, a Senator ing. It is S. 2111. Be mindful of and protect, O Lord, from the State of New Mexico, to perform The ACTING PRESIDENT pro tem- these United States of America, our the duties of the Chair. pore. The clerk will report the bill by civil authorities, our Armed Forces by DANIEL K. INOUYE, title for the second time. land, sea, and air, and all who reside President pro tempore. The legislative clerk read as follows: and find shelter and refuge in this Mr. UDALL of New Mexico thereupon A bill (S. 2111) to enhance punishment for country from sea to shining sea, be- assumed the chair as Acting President cause ‘‘blessed is that Nation whose identity theft and other violations of data pro tempore. privacy and security. God is the Lord.’’ f During these times of economic in- Mr. REID. I object to any further stability at home and across the globe, RECOGNITION OF THE MAJORITY proceedings with respect to this bill at give us hope, restore order to our inner LEADER this time. The ACTING PRESIDENT pro tem- chaos, and strengthen our faith, be- The ACTING PRESIDENT pro tem- cause You are the God of all possibili- pore. Objection is heard. The bill will pore. The majority leader is recog- be placed on the calendar. ties, sound judgment, stability, new be- nized. ginnings, moderation, prudence, jus- Mr. REID. I ask the Chair to an- tice, and everlasting love, mercy, f nounce the business of the day. peace, and compassion. Enable our Na- SCHEDULE f tion—the land of the free and the home Mr. REID. Following leader remarks, RESERVATION OF LEADER TIME of the brave, one nation under God, in- the Senate will be in a period of morn- divisible, with liberty and justice for The ACTING PRESIDENT pro tem- ing business for 1 hour. The majority all—to be the example par excellence pore. Under the previous order, the will control the first half, the Repub- for all civilizations under the heavens. leadership time is reserved. licans the second half. Following morn- Furthermore, let our esteemed Sen- f ing business, the Senate will resume ators be Your instruments to bless our consideration of the surface transpor- MORNING BUSINESS Nation and the entire world; for to You tation bill. Mr. REID. Under the previous order, belong the kingdom, the power, and the Mr. President, we are doing our ut- the Senate will be in a period of morn- glory, forevermore. Amen. most to work through the matters we ing business for 1 hour, with Senators still have to do in the Senate. We have permitted to speak therein for up to 10 f pending now a cloture motion on the minutes each, with the time equally di- surface transportation bill. That time vided and controlled between the two PLEDGE OF ALLEGIANCE will ripen tomorrow morning an hour leaders or their designees, with the ma- The Honorable TOM UDALL led the after we come in. Following that, there jority controlling the first half and the Pledge of Allegiance, as follows: is a vote on a person from New York Republicans controlling the final half. I pledge allegiance to the Flag of the who desires to be a Federal judge. Mr. President, I suggest the absence United States of America, and to the Repub- We will notify all Members when the of a quorum. lic for which it stands, one nation under God, conference report is scheduled in the The ACTING PRESIDENT pro tem- indivisible, with liberty and justice for all. House, and we will do it over here as pore. The clerk will call the roll.

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

S805

VerDate Mar 15 2010 03:07 Feb 17, 2012 Jkt 019060 PO 00000 Frm 00001 Fmt 4624 Sfmt 0634 E:\CR\FM\A16FE6.000 S16FEPT1 pwalker on DSK7TPTVN1PROD with SENATE S806 CONGRESSIONAL RECORD — SENATE February 16, 2012 The legislative clerk proceeded to But instead of being treated in a hos- focus on the Russian spring. Opposition call the roll. pital, he was put in an isolation cell, groups, citizens, and, in many cases, Mr. WICKER. Mr. President, I ask chained to a bed, beaten by eight pris- the mainstream media have reacted to unanimous consent that the order for on guards with rubber batons for 1 hour moves by the Russian regime they view the quorum call be rescinded. and 18 minutes until he was dead. as no longer acceptable. The ACTING PRESIDENT pro tem- Sergei Magnitsky was 37 years old and On September 24 of last year, Presi- pore. Without objection, it is so or- left behind a wife, two children, and a dent Medvedev struck a deal that dered. dependent mother. would clear the way for his prede- f While the facts surrounding his ar- cessor, Vladimir Putin, to run next rest, detention, and death have been RUSSIAN HUMAN RIGHTS month for a third Presidential term. As independently verified and accepted at the Wall Street Journal noted in an Mr. WICKER. Mr. President, I expect the highest levels of Russian Govern- opinion piece last December: to be joined in a moment by my col- ment, those implicated in his death Even the most thick-skinned citizens saw league and good friend, Senator and the corruption he exposed remain that turning the Presidency into the object CARDIN, and he and I and perhaps oth- unpunished, in positions of authority, of a private swap made a mockery of the ers will be talking about the deterio- and some have even been decorated and Constitution. rating situation in Russia with regard promoted. Following Magnitsky’s Russia’s fraudulent parliamentary to human rights and the rule of law. death, they have continued to target elections in December further deepened I came to the floor in November to others, including American business in- the political crisis and affirmed the speak about the deteriorating situa- terests in Moscow. erosion of democracy. Secretary Clin- tion. I spoke about the wrongful im- These officials have been credibly ton—our Secretary of State—called prisonment and tragic death of Russian linked to similar crimes and have ties them neither free nor fair. So this is a lawyer Sergei Magnitsky. to the Russian mafia, international bipartisan denunciation of the process. Mr. President, let me state that at arms trafficking, and even drug car- this point I will be happy to yield to Observers have claimed that 12 to 15 tels. The money they stole from the percent of the votes were falsified in my colleague from Maryland to actu- Russian budget was laundered through ally kick off this discussion. I think favor of the United Russia Party. Ac- a network of banks, including two in cording to most analysts, improvement that was the agreed-upon order, and the United States. Calls for an inves- staff believed I would have a few mo- is not expected in the upcoming Presi- tigation have fallen on deaf ears. dential election this March. ments. But I would be glad to defer to In an Orwellian turn of events, the But these corrupt actions have not my friend. law enforcement officers accused by been ignored. On December 10, more The ACTING PRESIDENT pro tem- Magnitsky and those complicit in his than 60,000 Russians took to the streets pore. The Senator from Maryland. murder are moving to try him for the of Moscow in protest. Similarly, on Mr. CARDIN. Mr. President, I ask very tax crimes they committed. Think February 4, some 120,000 citizens from unanimous consent that there be 30 of the irony. He exposed corruption in across the political spectrum braved minutes available for a colloquy con- Russia. As a result, he was arrested, below-zero weather during a prodemoc- trolled by Senator WICKER and myself. imprisoned, tortured, and killed. Now racy march in central Moscow. Their The ACTING PRESIDENT pro tem- those who perpetrated the crime on demands were clear: Release political pore. Without objection, it is so or- him are charging him, after his death, prisoners such as Khodorkovsky and dered. with the crimes they committed. Mr. CARDIN. I thank the Chair, and We cannot be silent. One of the most Lebedev. Allow opposition parties to I thank Senator WICKER for starting us articulate voices in the Senate on this register. Hold free and fair elections. And pledge not to give a single vote to off on the discussion of what is hap- issue has been Senator WICKER, who is pening in Russia today. the leading Republican on the Helsinki Putin on March 4. Similar rallies were I rise today, along with some of my Commission, and I applaud him for his held in small towns across Russia. colleagues, to bring attention to the efforts not only in bringing the We can be glad for the call for reform growing issue of human rights viola- Magnitsky abuse to public attention and we are glad it is growing louder. tions in Russia, typified by the case of and what is happening in Russia, but in According to a February poll by Rus- Sergei Magnitsky. Just last week, as many other areas where human rights sia’s independent Levada Center, 43 part of a bilateral Presidential com- violations have occurred. percent of Russians now support pro- mission, Attorney General Holder met I will be glad to allow my colleague democracy protests. Additional pro- with the the Russian Minister of Jus- some time on this issue, Mr. President. tests are already scheduled for later tice to discuss the rule of law issues. Mr. WICKER. I thank my colleague this month. That same week, Russian officials from Maryland. And yes, indeed, there Specifically let me once again under- moved in their criminal prosecution of are other cases of human rights viola- score the horrific facts about Sergei Sergei Magnitsky. Mr. President, I re- tions, not the least of which I have Magnitsky, because they need to be mind you that Mr. Magnitsky has been highlighted time and again on this heard, and perhaps some of our col- dead for more than 2 years. Senate floor—being the cases of Mi- leagues were not listening the first Last May I joined with Senator khail Khodorkovsky and Platon time. MCCAIN, Senator WICKER, and 11 other Lebedev. Each is an appalling story In the midst of this public outcry and Senators from both parties to intro- such as the one Senator CARDIN pointed demand for democratic process, the duce the Sergei Magnitsky Rule of Law out with regard to Mr. Magnitsky, a news out of Russia with regard to Mr. Accountability Act. We now have near- story about the corruption within the Magnitsky is almost unbelievable. Last ly 30 cosponsors, and I urge more to Russian Government itself. My col- week, it was revealed that the police in join us and look at ways to move for- leagues and I will continue to speak Russia plan to retry the tax evasion ward on helping halt abuses like this in out about these cases in the hope that case of the late Sergei Magnitsky. As the future. attention will inspire change. many of my colleagues are aware, Mr. After exposing the largest known tax I look forward to the day when the Magnitsky is already dead. He died in fraud in Russian history, Sergei focus of a floor statement can be about Russian detention more than 2 years Magnitsky, a Russian tax lawyer, the progress we have made with Rus- ago. He was a lawyer and a partner in working for an American firm in Mos- sia. This is something to which my col- an American-owned law firm based in cow, was falsely arrested for crimes he league and I dearly look forward. We Moscow. He was married, with two did not commit and tortured in prison. look forward to the day when Russia children, as my friend has said. His cli- Six months later, he became seriously begins to uphold democracy, human ents included the Hermitage Fund, ill and was consistently denied medical rights, and the rule of law. which is the largest foreign portfolio attention, despite 20 formal requests. Unfortunately, today is not the day. investor in Russia. Then, on the night of November 16, In recent months, an overwhelming Through his investigative work on 2009, he went into critical condition. number of headlines out of Russia behalf of Hermitage, Mr. Magnitsky

VerDate Mar 15 2010 03:07 Feb 17, 2012 Jkt 019060 PO 00000 Frm 00002 Fmt 4624 Sfmt 0634 E:\CR\FM\G16FE6.001 S16FEPT1 pwalker on DSK7TPTVN1PROD with SENATE February 16, 2012 CONGRESSIONAL RECORD — SENATE S807 discovered that Russian Interior Min- ful, that he was systemically denied Steve Biko in 1977, that one person’s istry officers, tax officials, and orga- medical care, that he was beaten in life and sometimes death can change nized criminals worked together to custody which was the proximate cause the system. Since we are now living on steal $230 million in public funds, or- of his death, that his medical records the Internet, such change often comes chestrating the largest tax rebate were falsified, and that there is an on- much faster than expected. fraud in the history of the Russian Re- going coverup and resistance by all I am going to comment about the public. government bodies to investigate. legislation I filed and the need for us to In 2008, Mr. Magnitsky voluntarily Senator CARDIN and I and Senator consider that, but I notice Senator gave sworn testimony against officials MCCAIN and others have no choice but SHAHEEN is on the floor. Senator SHA- from the Interior Ministry Russian tax to continue coming to this floor, to HEEN is a member of the Helsinki Com- department and the private criminals continue using every forum we can pos- mission. She also chairs the Sub- whom he found had perpetrated the sibly use to bring these facts to light. committee on European Affairs on the fraud. A month later, an arrest was I have taken quite a bit of our time Senate Foreign Relations Committee made—and the person arrested was Mr. with my prepared statement, so I yield and has been an outspoken champion Magnitsky himself. He was placed in back to my friend from Maryland as to on behalf of human rights. I am pleased pretrial detention and held without any other thoughts he might have. I she is here, and I wish to give her an trial for 12 months. want to commend his leadership with opportunity to talk about this issue. While in custody, he was pressured regard to the legislation. The PRESIDING OFFICER. The Sen- and tortured by Russian officials, hop- Do I understand now that we have ator from New Hampshire. ing he would withdraw his testimony some 30 cosponsors? Mrs. SHAHEEN. Mr. President, I and falsely incriminate himself and his Mr. CARDIN. That is correct. And, thank Senator CARDIN and Senator client. But he refused to do so, and his again, I thank the Senator for his lead- WICKER for their efforts today coming condition worsened and his health ership and I thank him for his com- down to the floor to raise this impor- worsened. He spent months without ments. tant human rights issue. medical care. Requests for medical ex- We have 30 cosponsors of the As you say, if we didn’t see the facts, amination and surgery were denied by Magnitsky legislation and I am going we would believe this was fiction, what Russian government officials. to be encouraging more of our col- is going on in Russia today. But I think On November 13, 2009, Mr. leagues to join us in cosponsorship. I these efforts are particularly impor- Magnitsky’s condition deteriorated want to talk a little bit about that, if tant given what is happening today in dramatically. Doctors saw him on No- I might. But let me underscore the Russia. vember 16, when he was transferred to point Senator WICKER made. We have seen historic demonstra- a Moscow detention center that actu- Mr. Magnitsky died 2 years ago for tions on the streets of Moscow over the ally had medical facilities. Yet, instead crimes perpetrated on him that have last several months. Ordinary Russian of being treated at those facilities im- been well documented. The Russian citizens, fed up with nearly a decade of mediately, he was placed in an isola- Federation is now charging him after corruption, have courageously taken to tion cell, handcuffed, and beaten until his death for those crimes—after his the streets to demand their voices be he died. death. Not even in Stalin’s time did heard. The fraudulent Duma elections In the months following his death, they try people after they died. This is and the cynical and manipulative deci- Russian officials repeatedly denied the first time in Russian history that a sion by Prime Minister Putin to return facts concerning his health condition. man has been tried after his death. to the Presidency have reawakened The Russian state investigative com- Further, they have summoned Mr. civil society throughout Russia. mittee claimed that Magnitsky was Magnitsky’s widow and ailing mother As a leading Russian social activist not pressured or tortured, but died nat- as witnesses against their husband and Alexei Navalny wrote from his jail cell urally of heart disease, and his death son. This is a new chapter in brazen following the peaceful December dem- was nobody’s fault. This is from the impunity. onstrations: Russian Government. An editorial last week in the Finan- We all have the only weapon we need and Since Mr. Magnitsky’s death, two cial Times observed that: the most powerful. That is the sense of self- subsequent reviews have helped clarify If he is convicted, the accused’s citizenship respect. some of the facts. In late December of could be revoked, he could be exiled, and Today, as we call for justice for 2009, the Moscow Public Oversight forced to die somewhere else. human rights abuses in Russia, we also Commission, an independent watchdog That might be funny if it weren’t stand with those brave Russian citizens mandated under Russian law to mon- real. who have risked so much in calling for itor human rights, issued its conclu- If that weren’t enough, the Russian their rights to be respected, just as sions on this case. This independent Justice Minister recently proposed Sergei Magnitsky did. Russian oversight commission stated that the United States and Russia con- As we have seen throughout this last that in detention, Magnitsky had been clude an extradition treaty. year of upheaval around the globe, the subjected to torture, physical and psy- Legal farces like we have seen in the rising voice of a public driven to peace- chological pressure; that he was denied case of Sergei Magnitsky and many ful protest can be deafening. Prime medical care; and that his right to life others bring reasonable people to only Minister Putin and his regime would be had been violated by the Russian state. two conclusions, both of which are pro- wise to listen to the people of Russia. The conclusions were sent to the foundly disturbing: Either senior lead- I also want to echo what Senators Russian General Prosecutor’s Office, ers are not the ones running the coun- WICKER and CARDIN have said about the the Russian State Investigative Com- try or the senior leadership is importance of passing the Sergei mittee, the Russian Ministry of Jus- complicit in these outrages. Magnitsky Rule of Law Accountability tice, and the Presidential Commission. The Magnitsky story sounds like a Act. There are now 28 Senate cospon- None of these agencies has responded Hollywood thriller, but his case is real sors. I am one of those cosponsors and to the report’s conclusions. and the rampant corruption, violence, am proud to be, and I want to associate More recently, a second finding was and lawlessness do exist in the Russian myself with what Senators have said issued by the Russian President’s Government. His cause has become a on the floor of the Senate today. Human Rights Council. It issued its global campaign for justice. The case of Mr. Magnitsky is a tragic independent expert findings on the As Senator WICKER pointed out, the one. He was falsely imprisoned, beaten, case. The report found that Magnitsky popular opinion in Russia is on the side denied medical care, and ultimately was arrested on trumped-up charges— of justice. There have been over 4,000 killed, as you all have so eloquently yet, they are being brought forward stories on Sergei Magnitsky since his explained. And to this day, no one has again after his unfortunate death—in death in Russia. been held accountable for his tragic breach of Russian law and in breach of We know from countless historical and unnecessary killing. We stand here the European human rights conven- cases, such as the death in police cus- today to press for accountability in Mr. tion, that his prosecution was unlaw- tody of the anti-apartheid activist Magnitsky’s death. However, I think it

VerDate Mar 15 2010 03:07 Feb 17, 2012 Jkt 019060 PO 00000 Frm 00003 Fmt 4624 Sfmt 0634 E:\CR\FM\G16FE6.003 S16FEPT1 pwalker on DSK7TPTVN1PROD with SENATE S808 CONGRESSIONAL RECORD — SENATE February 16, 2012 is important for us to reiterate that cent of the vote). Nine opposition parties khail Khodorkovsky and the manager of this this is more than simply a question of across the political spectrum, including the company Platon Lebedev. Amnesty Inter- one man’s tragic case. People’s Freedom Party, were denied access national has recognized both of them as pris- The State Department’s human to the ballot altogether. This behavior vio- oners of conscience. The result of their ar- lates not only Russian, but also inter- rights report for this year described rest and the takeover of the company be- national norms—including the statutes of came expansion of the gigantic economic numerous violations, as Senator the OSCE, to which both Russia and the empire owned by persons from Prime Min- CARDIN said so well: attacks on jour- United States are party. ister V. Putin’s inner circle. nalists, physical abuse of citizens, It is time to end the impunity for those Opposition politicians, human rights advo- who continue to show contempt for inter- harsh prison conditions, politically mo- cates and civic activists have become vic- national norms and values, while enjoying tivated imprisonments, and other gov- tims of persecutions and unlawful arrests the privileges of free travel and financial under made-up pretexts. Such persecutions ernment harassments and violence. interactions in the West. S.1039 would pro- will not cease as long as those who are re- The European Court of Human vide an important measure of accountability sponsible for the death of Magnitsky, for the Rights has issued more than 210 judg- for those who violate the basic—and inter- imprisonment of Khodorkovsky and Lebedev, ments, holding Russia responsible for nationally protected—rights and freedoms of and the crackdown on Russian civil society grave human rights violations, includ- Russian citizens. It is time to tell thieves remain unpunished. ing abductions, killings, and torture in and human rights violators that they are no Bill S. 1039 prescribes sanctions not only Chechnya and throughout the northern longer welcome. It is the task of Russian citizens and Rus- with respect to the Magnitsky case, but ap- Caucasus. sian citizens alone to bring about political plies to the entire range of human rights There are many more cases like change and democratic governance in our abuses, among others, in Russia as well. Ac- Magnitsky, which is why the bill is so country. But by passing S. 1039, the U.S. Sen- cordingly, officials responsible for the politi- important. It seeks to ensure that no ate can do more to help the cause of democ- cally motivated persecution of Mikhail human rights abusers, in Russia or racy and the rule of law in Russia than by all Khodorkovsky, Platon Lebedev and the elsewhere in the world, are granted the the statements and speeches combined. other victims of the persecution of the privilege of traveling to this country or Sincerely, YUKOS company as well as those who im- utilizing our American financial sys- BORIS NEMTSOV, pede the exercise of fundamental democratic Co-Chairman. liberties, ones such as freedom of assembly, tem. freedom to create parties, freedom of elec- As chair of the Subcommittee on Eu- 16 SEPTEMBER 2011. tions etc. ought to be included in this list. ropean Affairs, I was pleased to preside Hon. HARRY REID, This is a list that is much longer that that over a hearing on the Magnitsky bill Majority Leader, U.S. Senate, list of roughly 60 individuals sent by Senator and on the state of human rights in Hon. JOHN KERRY, Cardin to the US State Department in 2010. Russia. I thank Chairman KERRY for Chairman, Committee on Foreign Relations, Such a list must from now on be supple- helping to make that hearing possible. U.S. Senate. mented with new names. During the hearing we had a very DEAR MESSRS. SENATORS: This letter is an The threat of sanctions against the per- constructive conversation with State expression of support for S. 1039, the ‘‘Sergei petrators of the Magnitsky tragedy struck a Department officials, and we heard Magnitsky Rule of Law Accountability Act raw nerve with the Russian officials respon- of 2011’’, currently pending before the Senate sible for this tragedy. The consistent imple- unanimous support for the legislation Committee on Foreign Relations. mentation of international pressure on the from an impressive panel of human This bill prescribes sanctions in the form corruptioneers in the leadership circles of rights activists and Russian experts. of denial of visas to the US and freezing of Russia will be a significant support for our We have also received letters that I ask bank accounts in the USA for persons—in- civil society and for those honest people unanimous consent to have printed in cluding officials of the Russian Federation— within the Russian power structures who are the RECORD from leading human rights who have engaged in human rights viola- trying to renew and reform government in- tions, ones such as abuses of power whether stitutions. and civil society leaders in Russia call- for personal or political motives or for cov- ing on the Senate to pass the We call upon you, Honorable Senators, to ering up abuses by colleagues. support S. 1039, the ‘‘Sergei Magnitsky Rule Magnitsky bill. Egregious abuses of human rights are, un- of Law Accountability Act of 2011.’’ We hope There being no objection, the mate- fortunately, common in today’s Russia. that it will be considered without delay and Sergei Magnitsky, the namesake of the bill, rial was ordered to be printed in the favorably in the Senate Committee on For- RECORD, as follows: was deprived of his liberty without cause and in violation of basic principles of justice. eign Relations and then by the full Senate. PEOPLE’S FREEDOM PARTY, Russian authorities were responsible for his Respectfully, Russia, December 11, 2011. perishing while in custody. Magnitsky ended Ludmilla Alexeeva, chairwoman of the Sen. JEANNE SHAHEEN, up in jail because, executing his official du- Moscow Helsinki Group; Lev Chairman, ties, he discovered theft from the Russian Ponomarev, head of the All-Russia Sen. JOHN BARRASSO, budget of a large sum of money, committed Movement For Human Rights; Nina Ranking Member, Subcommittee on European by a group of senior Russian officials. Rus- Katerli, writer, member of the Russian Affairs, U.S. Senate Committee on Foreign sian authorities continue to evade bringing PEN-CENTRE, member of the Public Relations. the officials guilty of Magnitsky’s death to Expert Board of the All-Russia Move- DEAR SENATORS: I am writing to express justice. ment For Human Rights; Lidiya my strong support for S. 1039, the Sergei For us it is very important that US legisla- Grafova, journalist; Liya Magnitsky Rule of Law Accountability Act tors take steps to bring the persons who are Akhedzhakova, people’s artist of the of 2011, currently under consideration by the violating the law and abusing power in Rus- RF; Natalia Fateyeva, people’s artist U.S. Senate. sia to justice. We believe human rights of the RF; Boris Vishnevsky, observer Last Saturday, over 100,000 Russian citi- should not be sidelined for perceived polit- for Novaya gazeta; Konstantin zens gathered in central Moscow to protest ical interests. Azadovskii, literary historian, Chair- against the authoritarian and kleptocratic Human rights should not be sidelined for man of the executive committee of the regime of Vladimir Putin—the regime that the sake of political interests, whatever they Saint Petersburg PEN-club; Eldar has curtailed media freedom, turned elec- may be. Ryazanov, film director, scriptwriter, tions into a farce, and Parliament and the Sergei Magnitsky fell victim to inhuman poet; Alexey Devotchenko, Russian judiciary into rubber-stamps, put opponents Russian justice. No small number of our citi- theater and movie actor, honoured art- behind bars, and presided over unprecedented zens are illegally deprived of liberty in con- ist of Russia; Boris Nemtsov, politi- corruption (the latest Transparency Inter- sequence of the defects of this system. Impu- cian; Mark Urnov, Russian political national Index places Russia 143rd, below nity for those who fabricated the charges scientist, scientific head of the Applied Eritrea and Sierra Leone). Too often, as in against Magnitsky and caused him to die, Political Science Department of the the case of Sergei Magnitsky, the corruption gives free rein to other officials, who enrich Higher School of Economics State Uni- and the lawlessness result in human tragedy. themselves with the property of others or versity; Victor Shenderovich, Soviet Apart from robbing the Russian people of pursue the political opponents of the au- and Russian satirist, TV and radio its wealth and its dignity, Mr. Putin’s re- thorities. The felonious enforcement cliques host, liberal publicist, human rights gime is robbing it of its voice. The December seize the property of their victims who resist advocate; Vladimir Ryzhkov, opposi- 4th parliamentary election was marred by these takeovers, pursue them and deprive tion politician; Rafail Ganelin, histo- widespread fraud: some 13 million votes were them of their liberty for many long years. rian, corresponding member of the Rus- stolen as a result of ballot-stuffing and other And in detention they can be subjected to sian Academy of Sciences. manipulations designed to preserve the rul- abuse and even torture. ing United Russia party’s majority (even The most famous victims of such takeovers Mrs. SHAHEEN. Around the world, with this, the party received less than 50 per- are the owner of the YUKOS company Mi- governments are also taking up this

VerDate Mar 15 2010 03:07 Feb 17, 2012 Jkt 019060 PO 00000 Frm 00004 Fmt 4624 Sfmt 0634 E:\CR\FM\G16FE6.004 S16FEPT1 pwalker on DSK7TPTVN1PROD with SENATE February 16, 2012 CONGRESSIONAL RECORD — SENATE S809 important call. The European Par- The Senator from New Hampshire privilege. There is no guaranteed right liament, Canada, and The Netherlands mentioned other organizations in Rus- to come to America. are considering similar pieces of legis- sia. I am glad she has had those letters One thing we can do is say those who lation. This summer, the U.S. State printed in the RECORD. are committing these gross human Department barred dozens of Russian I also point out I have to applaud the rights violations should not be given officials from traveling to the United international reaction. In December, the privilege of entering the United States over their involvement in the the European Parliament passed a res- States. death of Magnitsky. olution recommending an EU-wide I wish to acknowledge and thank I want to commend the administra- travel ban and asset freeze for officials Secretary of State Clinton for taking tion, and particularly Secretary Clin- tied to Mr. Magnitsky’s death. action against human rights violators. ton for her strong words condemning We need to act as a Senate and as a That is the right policy. The legisla- the recent fraudulent elections in Rus- Congress. I am calling on every Sen- tion we have authored institutionalizes sia. But despite all these efforts, there ator within the sound of my voice a process where we deny the right for is more we can do to support human today, every legislative director deal- those individuals to visit, to come to rights in civil society, freedom of ex- ing with defense and foreign policy the United States. pression in Russia. issues, once again to look at the Sergei Obviously, that has a price to them. Passing the Magnitsky bill this year Magnitsky Rule of Law Accountability Of course, what we are trying to do is is one of them. In the midst of an elec- Act. get the government—in this case Rus- tion year, at a time of difficult par- I will tell my friend from New Hamp- sia—to do what is right. tisanship, I believe this is one effort— shire that the number is now up to 30, The second thing we could do is deal as we have seen so well from Senator we learned on the floor today from with their financial participation in CARDIN and Senator WICKER today— Senator CARDIN, so we have 30 Senators U.S. institutions. These people do get this is one effort on which both sides of involved. We ought to have a majority involved in international finance. They the aisle can agree. We stand today un- of Senators before the end of this day, do have resources that travel through ambiguously in support of the rule of if people would just take the time to U.S. financial institutions. We do have law, democracy, and respect for human look. I join her in congratulating the laws that allow us to hold those funds rights in Russia. I hope our colleagues Foreign Relations Committee on bring- through due process. We can do that. in the Congress and at the State De- ing further light to this issue. I thank That is the reason why the legisla- partment will work constructively in the State Department, as she said. I tion we have talked about today, the the months ahead to pass this critical will simply conclude my portion by legislation I introduced, along with my legislation. saying recent events make it even colleagues, would institutionalize Before I yield the floor, I also think more important that the Foreign Rela- those types of changes. For those who it is important to call attention to the tions Committee and that this Senate think it may not mean much, let me particularly egregious act that Russia remind them about what we did when committed in recent days before the take up and pass this legislation. I urge the Soviet Union denied the rights of United Nations, when they vetoed the all my colleagues to consider joining us Jews to be able to leave the country. In Security Council resolution aimed at on this legislation. Mr. CARDIN. If I might, I thank Sen- the Congress, we took action by legis- halting the ongoing violence in Syria. ator SHAHEEN for her comments, but lation. Many said: Would that make Today, more than 25,000 people have any difference? fled Syria; more than 7,000 innocent more importantly I thank her for her It made a huge difference. It brought Syrians have died at the hands of leadership. The hearing she held on the about change in the Soviet Union. President Assad. Despite Syria’s grow- Sergei Magnitsky bill was very helpful. First, I think in answer to the ques- Other countries followed our leader- ing isolation, Russia continues to har- tion of why we should care, we all un- ship. As both my colleagues have bor and arm the Syrian regime. This is pointed out, if we act, other countries unacceptable. I think our passage of derstand America’s leadership on will act. It will become the norm and the Magnitsky bill will send a very moral issues. The world looks to Amer- that will help us establish the expecta- strong sign to Russia that not only in ica to stand against these fundamental tion that countries do need to address the Magnitsky case and other human abuses of human rights, so that in and tragedies such as Sergei Magnitsky’s abuses in-country are they going to be of itself is a reason for us to act. held accountable, but their actions It is also apparent from the hearings and, more importantly, take steps so it internationally will also make them that actions of these criminals, these never happens again. That is what we accountable to the international com- violations in Russia, involve our finan- are attempting to do by moving for- munity. cial institutions. So we are talking ward with this legislation. As Senator Again, I say thank you to Senators about the integrity of American com- WICKER said, we do urge our colleagues CARDIN and WICKER for their leadership panies to be able to do business inter- to join us in this effort. on this issue. I am pleased and honored nationally. Senator WICKER mentioned what is to be able to join them in making this It is not only the moral issue about happening around the world. We see fight. which we have a right to speak out. As countries go through a democratic Mr. WICKER. Mr. President, we were my colleagues on the floor know, in the transformation we never thought we honored to have Senator SHAHEEN join commitments we all signed onto in would see in our lifetime. It happened us. I know there are others who would Helsinki in 1975, we had committed in Europe and they are now some like to be here today. ourselves to basic human rights and model democracies, our NATO allies, We are here to tell the sordid facts of the obligation of any member state to countries that just a few decades ago this case. But we are also here because question the conduct in another state. we thought would be our enemies to change can occur. If this were com- Russia is a signator of the Helsinki this day. So we have seen change pletely hopeless, what would be the Final Act. The United States is a occur. We want to be on the right side point of this exercise? Change occurred signator. We have a responsibility to of this issue, the right side of history, in Eastern Europe. I must admit there bring this to the world’s attention. on moving Russia forward with the was a time in my younger days when I We can do more. What can we do types of reforms to which the people of doubted it would ever occur. My hat is about this? There are many aspects of Russia are entitled. off to the intrepid members of the Pub- the Magnitsky tragedy that are dif- We have the right to do that under lic Oversight Commission who had the ficult for us to pursue in the United the Helsinki Act. We have the responsi- courage to issue a report critical of States. It cannot be through our jus- bility to point out these issues. We can their government to the Russian Presi- tice system; it has to be their justice take action that can make a huge dif- dent’s Human Rights Council. So system that has to be reformed. But ference. That is why we are engaged in voices are being heard. There is a there are steps we can take. The legis- this discussion, to say we want Russia thread of truth coming from the al- lation we all filed recognizes the right to do the right thing. We want to speak most Iron Curtain of authoritarianism to visit America is a privilege granted out to the Russian people. We think we that we have reverted to in Russia. by the United States. The visa is a can play a very important role.

VerDate Mar 15 2010 03:07 Feb 17, 2012 Jkt 019060 PO 00000 Frm 00005 Fmt 4624 Sfmt 0634 E:\CR\FM\G16FE6.005 S16FEPT1 pwalker on DSK7TPTVN1PROD with SENATE S810 CONGRESSIONAL RECORD — SENATE February 16, 2012 The U.S. Helsinki Commission, of morning and talk about because, as I Obama Faces Task of Selling Dueling which I had the honor to be the Senate read through it, it looks to me as Budget Ideas. President Obama more than ever confronts chair and Senator WICKER is the lead though the President has abandoned the challenge of persuading voters that he Republican on the Senate side, has a his role as leader of the Nation by not has a long-term plan to reduce the deficit, proud history of putting a spotlight on being honest with the American people even as he highlights stimulus spending. about the significance of the debt that problems. People do not like name call- Challenging to persuade voters that we as Americans face. To me, this ing, but we have to point out where the he has a long-term plan to reduce the budget ambushes the American people. violations occur. Unfortunately, if we deficit. What did he promise? What did The President, under the pretense of do not do it, it becomes statistics. But he deliver? What we see is a health care economizing, promises to cut $4 trillion if we do it, we put a face on it—so we law where he promised one thing and of deficit over 10 years, but the budget realize these are people who have fami- delivered something very different. We itself actually piles $11 trillion of new lies who have been abused because they see it now in the budget, and the num- are trying to do the right thing—we debt in that same timeframe. Under the pretense of helping every- bers are so large. The numbers are so can get action. That is why I am so astronomically large that it is hard for proud of the legacy of the U.S. Helsinki one to prosper, to me the President’s budget buries every single American one to comprehend how much a deficit Commission and what we have been of $1 trillion truly is. You can visit able to do. under a mountain of debt and that is a debt that is going to rob more and with high school students or service This is another chapter in that proud clubs or go to townhall meetings or history of saying we are going to stand more from their paychecks with each passing year. The savings the President senior centers, the number is so large for basic human rights, that is a pri- promises are not going to come. The it is hard to wrap one’s mind around it. ority for our country, we can do better spending he demands is for things we The President tries to make people and we can do justice for Sergei cannot afford. It seems to me this believe that everything would be OK if Magnitsky and we can do justice for President’s budget is another painful he could just raise some taxes—just a the people of Russia. step on the road to bankrupting Amer- little bit, he says—on some other peo- Mrs. SHAHEEN. Will the Senator ica. ple—not you but other people—and ev- yield for a question? We are in the fourth year of the Pres- erything would be fine. When you actu- Mr. CARDIN. I will be glad to yield. idency, and for each of those 4 years ally look through this, to get to $1.3 Mrs. SHAHEEN. One of the things the deficit has exceeded $1 trillion; $1 trillion, which is what the President the Senator talked about so elo- trillion in each of the 4 years of this has proposed in this year’s budget as a quently, as we talked about the ability Presidency. deficit, you could take all the million- of our financial systems to impact How does that match with what the aires and billionaires—things he likes what is happening in Russia—one of President has been saying? In February to rail about—and you could take the things we heard about at the hear- of 2009, the President had been Presi- every penny they earn over that $1 mil- ing on the Magnitsky bill was from the dent about a month, he made a pledge. lion, all of them combined, and then on head of the American Chamber in Rus- The pledge was he would cut the deficit top of that sell off all the gold in Fort sia who talked about what the impact in half by the end of his first term in Knox, add it all together, and that of this kind of case is on American office. Here we are, the final year of would not be enough to cover just the companies trying to do business and the President’s first term in office, and deficit, that $1 trillion the President the concern it raises about issues of this deficit is still above $1 trillion. plans to spend over and above what corruption and the ability to operate Once again, what the President has comes in. It is completely irrespon- freely in Russia. Does my colleague not said to the American people is very dif- sible, but that is what we have seen agree that we can also urge those com- ferent than what he has delivered to from this administration. panies that are operating in Russia to the American people. I am still waiting So we have a President who makes speak out when cases such as this hap- for a chance in this body, in the Sen- presentations, gives speeches, and yet pen and they have concerns about what ate, to vote on the President’s budget. what the American people see is some- it does to their business in the coun- The majority leader, who sits in the thing very different. So this morning try? front row, has said he doesn’t intend to in the Energy Committee, we had an The ACTING PRESIDENT pro tem- even bring it to the floor of the Senate opportunity to visit with the Secretary pore. The majority’s 30 minutes has ex- for a discussion or a debate or a vote. of Energy specifically on budgetary pired. The law is pretty clear: The President issues relating to the budget and the Mr. CARDIN. We are going to yield has to introduce a budget by a certain future. the floor. Let me agree with my col- date—the President missed that dead- Of course, the President said he sup- league, Senator SHAHEEN. She is abso- line—and the Senate and the House ported an all-of-the-above energy plan lutely right. It is going to be easier for have to go ahead and pass a budget, for the country. Well, I support an all- them to speak out if they know we are which this body has not done now for of-the-above energy plan for the coun- going to continue raising these issues. over 1,000 days. Multiple years and no try, but when you go through the de- I thank Senators SHAHEEN and budget has passed this body. tails, that is not exactly what the WICKER and I yield the floor. There actually was a vote last year American people see. What the Amer- The ACTING PRESIDENT pro tem- on the President’s budget. It was one ican people see is the cost of gasoline pore. The Senator from Wyoming is where the budget itself was called irre- at the pump continuing to go up. They recognized. sponsible, and there were a number of see an administration that is blocking f press renderings on it. The majority an opportunity to move oil from north- leader refused to bring it to the Senate ern parts of our country, as well as THE BUDGET floor, so the minority leader brought from Canada, to the United States for Mr. BARRASSO. Mr. President, I the President’s budget to the Senate use here. come to the floor as someone who sat floor. Not one Republican voted for it, Take a look at the front-page head- through the President’s State of the but not one Democrat voted for the line of USA Today from a couple of Union and I have just come from a Sen- President’s budget either. The total days ago: ate Energy Committee hearing. I sat count on the President’s budget last ‘‘Chaotic spring’’ predicted for gas. Aver- through the State of the Union near year in the Senate: 0 votes for the age prices likely to hit $4.05 a gallon. the Secretary of Energy and was happy President’s budget, 97 votes against the People care about that. People all when I heard some of the comments of President’s budget. Yet the President across the country drive around, they the President when he talked about an introduces another budget this year ig- see the signs up, they see what the cost ‘‘all of the above’’ strategy, needing all noring the two major tidal waves we of a gallon of gasoline is, and they see of the sources of energy. But this Mon- face, the tidal waves of Social Security it impacting their daily lives. day the President’s budget came out and Medicare. Today a number of us visited the En- which is very different than that. It is It is interesting. You read in the New ergy Committee and talked about to- a budget I would like to discuss this York Times: day’s Wall Street Journal article this

VerDate Mar 15 2010 00:34 Feb 17, 2012 Jkt 019060 PO 00000 Frm 00006 Fmt 4624 Sfmt 0634 E:\CR\FM\G16FE6.009 S16FEPT1 pwalker on DSK7TPTVN1PROD with SENATE February 16, 2012 CONGRESSIONAL RECORD — SENATE S811 morning. ‘‘Oil Rise Imperils Budding 8 percent. They put out charts, and by The ACTING PRESIDENT pro tem- Recovery.’’ We want this country to re- today, from those charts, the unem- pore. Without objection, it is so or- cover. We want people to get back to ployment rate should be 6 percent. The dered. work. We want to make it easier and unemployment rate is still 8.3 percent. Mr. LEAHY. The Senate was forced cheaper for the private sector to hire It has been over 8 percent for 36 to spend the better part of this week people and get America working again. months now. ending a filibuster against the nomina- The price of energy goes up, the price When you look at this and look at tion of Judge Adalberto Jordan of Flor- of oil goes up—‘‘Oil Rise Imperils Bud- the President’s budget, to me, it is debt ida to fill a judicial emergency vacancy ding Recovery.’’ on arrival. The budget spends $47 tril- on the Eleventh Circuit. Finally, after What does it say? ‘‘The average price lion, it borrows $11 trillion, and it in- a four month Republican filibuster of a gallon of regular gasoline has creases the national debt to $26 trillion that was broken on Monday by an 89–5 jumped 13.1 cents to $3.51 cents in the by 2022. It is debt upon debt upon debt. cloture vote, and after Republicans in- past month.’’ So gasoline at the pump So from were do you borrow the sisted on two additional days of delay, is up 13 cents in the last month. This is money? A lot of it you borrow from the Senate was allowed to vote on the according to AAA. overseas. A lot of it comes from China. nomination. We voted 94–5 to confirm It goes on to say: So what role is China playing now? Judge Jordan. I suspect the vote would Some parts of the country have seen even Well, they are continuing to lend us have been the same four months and bigger increases, with prices approaching $4 money. two days sooner. It was a colossal a gallon in parts of California. By the way, when the President waste of the Senate’s time and another Higher prices at the pump—and this blocked the Keystone XL Pipeline, week lost to obstruction and delay. is where it really hits home. This is what did China say to our northern Now the Senate Majority Leader has what I hear about at home in Wyoming neighbors, our big trading partner, been required to file another cloture when the price of gasoline goes up. And Canada? If the United States doesn’t petition on yet another consensus we drive great distances, Mr. Presi- want it, if President Obama isn’t inter- nominee. This is the ninth time the dent, in your home State and my home ested, we will take the oil in China. Majority Leader has had to file a clo- State. People notice it because it im- The Prime Minister of Canada was in ture petition to overcome a Republican pacts on other things for which they China last week doing exactly that— filibuster of one of President Obama’s can use that same money. cutting a deal with the Chinese for en- superbly-qualified judicial nominees. It says here in the Wall Street Jour- ergy that will be sold from Canada. I The nomination of Jesse Furman to fill nal: think we should want it. I think if we a vacancy on the Southern District of Higher prices at the pump force consumers want to be energy secure and work on New York has been stalled for more to cut back spending on discretionary items energy security, which, to me, is an than five months after being reported like restaurant meals, hair cuts and family issue of national security, we should unanimously from the Senate Judici- vacations, hurting those industries. want that energy. Good jobs; the ary Committee. Consensus nomina- Isn’t that what it is really about as amount of money in terms of jobs that tions like this to Federal district the price of gasoline at the pump goes are available—this isn’t government courts have nearly always been taken up? It hurts the ability of families and money, it is private money to put peo- up and confirmed by the Senate within the quality of life—they could spend ple back to work. We haven’t seen it, days or weeks, whether nominated by a that money in other ways. and this administration, through its Democratic or a Republican President. It says: budget and through its policies, con- Certainly that was the approach taken A prolonged increase can drive up inflation tinues to oppose those efforts for by Senate Democrats when President and drive down hiring. American jobs. Bush sent us consensus nominees. That We are a country that wants people So what we see is that under the is how we reduced vacancies in the to get back to work. We want to give President’s 10-year budget proposal, presidential election years of 2004 and them those opportunities, and it just the spending goes up every year with- 2008 to the lowest levels in decades and seems that the President’s budget and out stop. Every year from now to over how we confirmed 205 of President the policies of this administration and the next 10 years, spending goes up and Bush’s judicial nominees in his first a rejection of things that would actu- we see trillion-dollar deficits year after term. Yet, in an almost complete really help us with American energy are year after year. versal of this approach, Mr. Furman’s What is most disturbing to some of going to make it harder for families. nomination has been blocked by Senate my colleagues who have accounting de- When the price of gasoline goes up, the Republicans for over five months, with- grees—especially the senior Senator impact on an average family is over out reason or explanation. from the State of Wyoming, who is an $1,000 a year in terms of their ability to Regrettably, for the second time, we accountant, who has run businesses; he have disposable income. If it is a fam- will have to vote to end a Republican looks at this, and he can easily point ily dealing with a mortgage and bills filibuster of one of President Obama’s out the budgetary gimmicks, the ac- and kids, that is a huge difference in district court nominations. I cannot re- counting tricks that have been used call a single instance in which a Presi- the quality of life for those American over and over to make this budget, as dent’s judicial nomination to a Federal families. irresponsible as it happens to be, look States around the country get it. I trial court, a Federal district court, not as bad as it really is. look at Wyoming. We are in our legis- This budget is bad for America, and was blocked by a filibuster. Yet, Sen- lative session there right now. We bal- it is a continuation of a number of poli- ate Republicans nearly did so last year ance our budget every year. The con- cies that have come out of this admin- when they sought to filibuster Judge stitution demands it. If less money istration that have made it harder and Jack McConnell’s nomination to the comes in, we spend less money. They more expensive for the private sector Rhode Island District Court, despite make the tough decisions. to create jobs. What I am trying to do the strong support of both home state The President said he is ready to is look for ways to make it easier and Senators who know their state best. At make the tough decisions, but I don’t cheaper for the private sector to create that time I emphasized the danger of see tough decisions in this budget. jobs. We have not seen it in the Presi- rejecting the Senate’s traditional def- What I see is a political document, a dent’s budget, we have not seen it in erence to home state Senators and be- campaign document, something that the policies of this administration, and ginning to filibuster district court has more stimulus money in it, money we have not seen it in this President. nominations. Fortunately, the Senate so he can promise people things. We all Thank you very much. rejected that filibuster and that path know how that first so-called stimulus I yield the floor. and Judge McConnell was confirmed. I program went. To me, it was a failure. The ACTING PRESIDENT pro tem- trust the Senate will do so again, We had spending of about $800 billion. pore. The Senator from Vermont. bringing to an end another filibuster, The President promised that if we Mr. LEAHY. Mr. President, I ask this time for a district court nominee, passed the stimulus program, the un- unanimous consent to speak for up to Mr. Furman, who was reported unani- employment rate would stay less than 10 minutes as in morning business. mously by the Judiciary Committee.

VerDate Mar 15 2010 00:34 Feb 17, 2012 Jkt 019060 PO 00000 Frm 00007 Fmt 4624 Sfmt 0634 E:\CR\FM\G16FE6.010 S16FEPT1 pwalker on DSK7TPTVN1PROD with SENATE S812 CONGRESSIONAL RECORD — SENATE February 16, 2012 Like the needless delay in Judge Jor- people and to the general welfare of the pop- ciary Committee has reported more dan’s confirmation, the Republican fili- ulace, with confidence that they will be than 2,100 district court nominees to buster of Jesse Furman, who by any made wisely and fairly . . . and I urge that the Senate. Out of these 2,100 nomi- traditional measure is a consensus he be confirmed. nees, only six have been reported by nominee, is another example of the tac- Former Supreme Court clerks who party-line votes. Only six total in the tics that have all but paralyzed the served at the same time as Mr. last 65 years. Five of those six party- Senate confirmation process and are Furman, including clerks for conserv- line votes have been against President damaging our Federal courts. It should ative Justices such as Chief Justice Obama’s highly-qualified district court not take five months and require a clo- Rehnquist, Justice Thomas, and Jus- nominees. Indeed, only 22 of those 2,100 ture motion for the Senate to proceed tice Scalia wrote in support of Mr. district court nominees were reported to vote on this nomination. At a time Furman’s nomination, stating that, by any kind of split roll call vote at when nearly one out of every 10 judge- ‘‘Mr. Furman has demonstrated his all, and eight of those, more than a ships is vacant and we have over 20 ju- deep respect for and commitment to third, have been President Obama’s dicial nominations reported favorably the rule of law, over and above politics nominees. by the Committee, 16 of which have or ideology.’’ Democrats never applied this stand- been stalled on the Senate calendar With this bipartisan support, the ard to President Bush’s district court since last year, nearly all of them su- strong support of his home state Sen- nominees, whether in the majority or perbly-qualified consensus nominees, ators, and his impressive background, the minority. And certainly, there our Federal courts and the American Mr. Furman’s nomination was reported were nominees to the district court put people cannot afford more of these par- by the Judiciary Committee on Sep- forth by that administration that were tisan tactics. tember 15, without opposition from a considered ideologues. All told, in I read with interest this morning single member of the Committee. We eight years, the Judiciary Committee Gail Collins’ column in The New York should have voted on his nomination reported only a single Bush district Times on the approval rating of Con- many months ago, and certainly before court nomination by a party line vote. gress. She notes that Congress is ‘‘un- the end of the last session. Senate Re- President Obama’s nominees are being popular like the Ebola virus, or zom- publicans have blocked this nomina- treated differently than those of any bies . . . like TV shows about hoarders tion for over five months without any President, Democratic or Republican, with dead cats in their kitchens.’’ She explanation. before him. goes on to discuss the Republican fili- Sadly, this is not the first New York When I first became Chairman of the busters of judicial nominees and judge to be filibustered by Senate Re- Judiciary Committee in 2001, I followed writes: publicans. Just a few years ago, Judge a time when Senate Republicans, who This week, the Senate confirmed Judge Denny Chin, an outstanding nominee had been in the majority, had pocket Adalberto Jose Jordan to a seat on the fed- with 16 years of judicial experience, filibustered more than 60 of President eral Court of Appeals for the 11th Circuit in was delayed from being elevated to the Clinton’s judicial nominations, block- Atlanta. A visitor from another country Second Circuit for four months until ing them with secret holds in back- might not have appreciated the proportions the Majority Leader forced a vote and rooms and cloakrooms, obstructing of this achievement, given that Jordan, who he was confirmed 98–0. more with winks and nods, but with was born in Cuba and who once clerked for Last May, the Majority Leader was Sandra Day O’Connor, had no discernible op- little to no public explanation or ac- position. required to file for cloture to end the countability. I worked hard to change filibuster of Judge Jack McConnell of I ask consent that a copy of Ms. Col- that and to open up the process. I Rhode Island. By rejecting that fili- sought to bring daylight to the process lins’ column be printed in the RECORD buster, the Senate took a step toward at the conclusion of my remarks. by making the consultation with home The PRESIDING OFFICER (Mr. restoring a longstanding tradition of state Senators public so that the Sen- deference to home state Senators with BROWN of Ohio). Without objection, it ate Republicans’ abuses during the is so ordered. regard to Federal District Court nomi- Clinton years would not be repeated. (See exhibit 1.) nations. The Senate turned away from When Senate Democrats opposed Mr. LEAHY. This is the kind of ob- a precipice. It is wrong now for us to some of President Bush’s most ideolog- struction that is hard to explain to the approach that precipice again. Filibus- ical nominees, we did so openly, saying American people. This Republican fili- tering this nomination would set a new why we opposed them. And when there buster, like that of Judge Jordan, is standard for obstruction of judicial were consensus nominees—nominees very hard to understand. Jesse Furman nominations. with the support of both Democrats is an experienced Federal prosecutor Indeed, I have looked back over the and Republicans—we moved them who has prosecuted international nar- last six decades and found only four quickly so they could begin serving the cotics trafficking and terrorism and district court nominations—four in American people. That is how we re- consulted on some of the Southern Dis- over 60 years, on which cloture was duced vacancies in the presidential trict’s most complex cases, including even filed. For two of those, the cloture election years of 2004 and 2008 to the the Galleon insider trading case, the petitions were withdrawn after proce- lowest levels in decades. That is how prosecution of former Madoff employ- dural issues were resolved. In connec- we confirmed 205 of President Bush’s ees, and the Times Square bomber case. tion with the other two, the Senate circuit and district nominees in his A dedicated public servant, Mr. voted on cloture and it was invoked first term. Furman has been a law clerk at all and the filibuster ended. All of those Now we see the reverse of how we three levels of the Federal judiciary, nominations were confirmed. treated President Bush’s nominees. including as a clerk to Supreme Court From the start of President Obama’s Senate Republicans do not move quick- Justice David Souter. term, Republican Senators have ap- ly to consider consensus nominees, like I got to know Mr. Furman when he plied a heightened and unfair standard the 14 still on the Senate Calendar that was the counselor to Attorney General to President Obama’s district court were reported unanimously last year Michael Mukasey. That is right: The nominees. Senate Republicans have and should have had a Senate vote last Senate Republicans are filibustering chosen to depart dramatically from the year. Instead, as we are seeing today someone strongly supported by Presi- long tradition of deference on district and have seen all too often, Senate Re- dent Bush’s Attorney General who was court nominees to the home state Sen- publicans obstruct and delay even con- himself a Federal judge. When Mr. ators who know the needs of their sensus nominees, leaving us 43 judicial Furman’s nomination was before the states best. Instead, an unprecedented nominees behind the pace we set for Committee last summer, Attorney number of President Obama’s highly- confirming President Bush’s judicial General Mukasey wrote to the Com- qualified district court nominees have nominees. That is why vacancies re- mittee in strong support: been targeted for opposition and ob- main so high, at 86, over three years All I can hope to add is my own belief that struction. That approach is a serious into President Obama’s first term. Va- he is a person to whom one can entrust deci- break from the Senate’s practice of ad- cancies are nearly double what they sions that are consequential to the lives of vice and consent. Since 1945, the Judi- were at this point in President Bush’s

VerDate Mar 15 2010 03:08 Feb 17, 2012 Jkt 019060 PO 00000 Frm 00008 Fmt 4624 Sfmt 0634 E:\CR\FM\G16FE6.012 S16FEPT1 pwalker on DSK7TPTVN1PROD with SENATE February 16, 2012 CONGRESSIONAL RECORD — SENATE S813 third year. That is why 130 million spected 15-year veteran of the Federal sensus nominees without extended and Americans live in circuits or districts bench who had the support of the most damaging delays. The American people with a judicial vacancy that could have senior and longest-serving Republican deserve no less. a judge if Senate Republicans would in the Senate, Senator LUGAR. The EXHIBIT 1 only consent to vote on judicial nomi- Senate rejected that filibuster and CONGRESS HAS NO DATE FOR THE PROM nees that have been favorably voted on Judge Hamilton was confirmed. (By Gail Collins) by the Senate Judiciary Committee But the partisan delays and opposition have continued. Senate Repub- I am shocked to report that Congress, the and have been on the Senate Executive beating heart of American democracy, is un- Calendar since last year. licans have required cloture votes even popular. This is an area where we should be for nominees who ended up being con- Not unpopular like a shy kid in junior working for the American people, and firmed unanimously when the Senate high. Unpopular like the Ebola virus, or zom- putting their needs first. It is the finally overcame those filibusters and bies. Held in near-universal contempt, like American people who pay the price for voted on their nomination. So it was TV shows about hoarders with dead cats in the Senate’s unnecessary and harmful with Judge Barbara Keenan of the their kitchens. Or people who get students to delay in confirming judges to our Fed- Fourth Circuit, who was confirmed 99– call you up during dinner and ask you to eral courts. It is unacceptable for hard- 0 when the filibuster of her nomination give money to your old university. working Americans who are seeking The latest Gallup poll gave Congress a 10 finally ended in 2010, and Judge Denny percent approval rating. As Senator Michael their day in court to find seats on one Chin of the Second Circuit, an out- Bennet of Colorado keeps pointing out, in 10 of those courts vacant. When an standing nominee with 16 years judicial that’s lower than BP during the oil spill, injured plaintiff sues to help cover the experience, who was ultimately con- Nixon during Watergate or banks during the cost of medical expenses, that plaintiff firmed 98–0 when the Republican fili- banking crisis. should not have to wait for years be- buster was overcome after four months On the plus side, while 86 percent of re- fore a judge hears his or her case. When of needless delays. Just this week the spondents told Gallup that they disapproved two small business owners disagree long-delayed nomination of Judge of the job Congress was doing, only 4 percent over a contract, they should not have said they had no opinion. That’s really a Adalberto Jordan to the Eleventh Cir- great sense of public awareness, given the to wait years for a court to resolve cuit was confirmed 94–5. fact that other surveys show less than half of their dispute. With over 20 judicial This obstruction is particularly dam- all Americans know who their member of nominees favorably reported by the aging at a time when judicial vacancies Congress is. Committee and cloture motions being remain at record highs. There are cur- So little attention, yet so much rancor. required for consensus nominees, the rently 86 judicial vacancies across the We’re presuming that this is because of the Senate is failing in its responsibility, country, meaning that nearly one out dreaded partisan gridlock, which has made harming our Federal courts and ulti- of every 10 Federal judgeships remains Congress increasingly unproductive in matters that do not involve the naming of post mately hurting the American people. Is vacant. The vacancy rate is nearly dou- offices. it any wonder that barely 10 percent of ble what it had been reduced to by this And Congress is listening! Lately, we have the American people view Congress fa- point in the Bush administration, when been seeing heartening new signs of bipar- vorably? we worked together to reduce judicial tisan cooperation. For instance, the House The slow pace of confirmations of vacancies to 46. and Senate are near an agreement on the President Obama’s judicial nominees is Some Senate Republicans are now payroll tax cut, namely that it will continue no accident or happenstance. It is the seeking to excuse these months of and not be paid for. result of deliberate obstruction and delay by blaming President Obama for This is actually sort of a tradition. No delays. For the second year in a row, forcing them to do it. They point to matter who is in power in Washington, Con- gress has always shown a remarkable ability the Senate Republican leadership ig- President Obama’s recent recess ap- to band together and pass tax cuts that are nored long-established precedent and pointments of a Director for the Con- not paid for. It’s like naming post offices, refused to schedule any votes before sumer Financial Protection Bureau only somewhat more expensive. the December recess on the nearly 20 and members of the National Labor Re- But there’s much, much more. For in- consensus judicial nominees who had lations Board. Of course, those appoint- stance, both chambers recently approved a been favorably reported by the Judici- ments were made a few weeks ago, long big new ethics reform bill that would ban ary Committee. Here we are in the after Judge Jordan’s nomination was members of Congress from engaging in in- middle of February fighting to hold a already being delayed. Moreover, the sider trading. Perhaps you imagined that this was al- vote on one of the 18 nominees who President took his action because Sen- ready against the law. should have been confirmed last year. ate Republicans had refused to vote on This piece of legislation had been lying Fourteen of the nominees being block- those executive nominations and were around gathering dust since 2006. But, this aded by Senate Republicans were re- intent on rendering the Government year, the House and Senate decided to stand ported with the unanimous support of agencies unable to enforce the law and tall and pass it as a matter of principle. It their home state Senators and every carry out their critical work on behalf had nothing to do with a ‘‘60 Minutes’’ report Republican and every Democrat on the of the American people. Some Senate that made the whole place look like a con- Senate Judiciary Committee. The re- Republicans are doubling down on their vention of grifters. Totally unrelated. This was simply a bill whose time had come. sult of these Republican delay tactics obstruction in response. They are ap- And that bill would probably already be is clear—we are far behind the pace set parently extending their blockage signed into law were it not for a disagree- by the Senate during President George against nominees beyond executive ment over whether to require the high-paid W. Bush’s first term, with a judicial va- branch nominees to these much-needed professionals who poke around Congress col- cancy rate nearly twice what it was at judicial nominees. This needless ob- lecting information that might be of use to this point in his first term. struction accentuates the burdens on their Wall Street clients to register the same During President George W. Bush’s our Federal courts and delays in jus- way lobbyists do. administration, Republican Senators tice to the American people. We can ill You’d think this would be easy to sort out insisted that filibusters of judicial since most members of the House and the afford these additional delays and pro- Senate have gone on the record in favor of nominees were unconstitutional. They test votes. The Senate needs, instead, registering these guys. threatened the ‘‘nuclear option’’ in 2005 to come together to address the needs But, no, the idea ran afoul of the House to guarantee up-or-down votes for each of hardworking Americans around the majority leader, Eric Cantor, the Darth of President Bush’s judicial nominees. country. Vader of Capitol Hill. Cantor says the idea Many Republican Senators declared I, again, urge Senate Republicans to should be studied, which is, of course, that they would never support the fili- stop the destructive delays that have legislatese for ‘‘trampled to death by a thou- buster of a judicial nomination—never. plagued our nominations process. I sand boots.’’ Yet, only a few years later, Senate Re- urge them to join us not only in reject- Still, the good news is that the basic idea of prohibiting members of Congress from publicans reversed course and filibus- ing the five-month filibuster of Mr. using the information they acquire in the tered President Obama’s very first ju- Furman’s nomination, but also in re- course of their public duties to engage in in- dicial nomination, that of Judge David storing the Senate’s longstanding prac- sider trading did pass both chambers by Hamilton of Indiana, a widely-re- tice of considering and confining con- enormous majorities.

VerDate Mar 15 2010 03:07 Feb 17, 2012 Jkt 019060 PO 00000 Frm 00009 Fmt 4624 Sfmt 0634 E:\CR\FM\G16FE6.012 S16FEPT1 pwalker on DSK7TPTVN1PROD with SENATE S814 CONGRESSIONAL RECORD — SENATE February 16, 2012 Yippee. The PRESIDING OFFICER. Without CMRR facility. In fact, that is where a And the bipartisan cooperation keeps roll- objection, it is so ordered. great deal of the work would be done. ing on. This week, the Senate confirmed THE BUDGET AND OUR NUCLEAR ARSENAL What we were told was that the Judge Adalberto Jose Jordan to a seat on the President was fully committed to con- federal Court of Appeals for the 11th Circuit Mr. KYL. Mr. President, I need to in Atlanta. A visitor from another country speak for a few minutes this morning structing this facility on a timetable might not have appreciated the proportions about two important news events of set out in the 1251 report. Some of us of this achievement, given the fact that Jor- this week: the budget that was sub- were a little dubious. The President’s dan, who was born in Cuba and who once mitted by the President and the news representative said: We will put it to clerked for Sandra Day O’Connor, had no dis- reports that the President is consid- you in writing. So he did. What he said cernible opposition. ering reducing our nuclear arsenal to in his message on the New START But Americans ought to have a better treaty to the Senate with regard to grasp of how the Senate works. The nomina- dramatically lower levels than they are tion’s progress had long been thwarted by today. Let me speak to both those sub- this facility—I will quote it; the letter Mike Lee, a freshman Republican from Utah, jects briefly this morning, and then I related to his intent to modernize and who has decided to hold up every single will have more to say about them as replace the triad: White House appointment to anything out of time goes on. [To] accelerate to the extent possible, the pique over . . . well, it doesn’t really matter. In the President’s budget, there is a design and engineering phase of the Chem- When you’re a senator, you get to do that specific part for the Department of En- istry and Metallurgy Research Replacement kind of thing. ergy that funds the nuclear weapons (CMRR) building and the Uranium Proc- This forced the majority leader, Harry essing Facility (UPF)— Reid, to get 60 votes to move Judge Jordan program. Despite promises of the Presi- dent that he would follow what is That is the facility for uranium proc- forward, which is never all that easy. Then essing at Oak Ridge, TN— there was further delay thanks to Rand Paul, called the 1251 study over the course of a freshman from Kentucky, who stopped ac- his Presidency and request in the budg- [and to] request full funding, including on a tion for as long as possible because he was et the sums of money for the Depart- multiyear basis as appropriate, for the disturbed about foreign aid to Egypt. ment that is called the NNSA—part of CMRR building and the UPF upon comple- All that is forgotten now. The nomination tion of the design and engineering phase for the Department of Energy—he reduced such facilities. was approved, 94 to 5, only 125 days after it that this year by $372 million less than was unanimously O.K.’d by the Judiciary We were concerned he would not re- the target. The net result of that over Committee. Whiners in the White House quest the funding in the outyears and pointed out that when George W. Bush was 5 years is going to be $4.3 billion. I know my colleague from Tennessee that they would not accelerate the con- president, circuit court nominations got to a struction of these facilities. So he said floor vote in an average of 28 days. is very interested in this. Before the No matter. Good work, Senate! Only 17 START treaty was debated, there was a he would. He would accelerate it to the more long-pending judicial nominations to big debate about whether the funding extent possible and request full fund- go! for the NNSA in the nuclear mod- ing, including on a multiyear basis. Meanwhile, the House named a post office The budget he submitted this year in Missouri for a fallen Marine. ernization program was adequate. On the Veterans Day recess, before breaks that commitment to the Sen- Mr. LEAHY. I yield the floor. we began the debate on START, Gen- ate, and those Senators who voted for f eral Chilton, former head of the treaty based upon these commitments are obviously going to be re- CONCLUSION OF MORNING STRATCOM, and Dr. Miller, the Assist- evaluating their support for the treaty. BUSINESS ant Secretary of Defense, flew to Phoe- nix and said to me: You were right. We There are things that can be done by The PRESIDING OFFICER. Morning the Congress, including our power of business is closed. were wrong. We have underfunded this by over $4 billion. We are going to add the purse, to deal with the issue, which f that to our 5-year budget profile. I will hope to have time to speak to in MOVING AHEAD FOR PROGRESS IN This was the argument we had been a moment. THE 21ST CENTURY ACT making all along: You have under- Former Secretary Gates reflected on the Senate’s reliance on these commit- The PRESIDING OFFICER. Under funded the nuclear modernization program. You need to add between $4 bil- ments when he said: the previous order, the Senate will re- This modernization program was very sume consideration of S. 1813, which lion and $5 billion to it. They agreed and that is what went into the revised carefully worked out between ourselves and the clerk will report. the Department of Energy; and, frankly, The bill clerk read as follows: 1251 report. where we came out on that played a fairly A bill (S. 1813) to reauthorize Federal-aid As a result of the budget request this significant role in the willingness of the Sen- highway and highway safety construction year, we are right back where we start- ate to ratify the New START agreement. programs, and for other purposes. ed from before the revision—$4.3 billion For those who relied on the adminis- Pending: below—and that is where we were when tration’s commitment, they have been Reid amendment No. 1633, of a perfecting the administration came forward and broken. We are right back to where we nature. said: You were right. We were wrong. started from before the treaty was Reid amendment No. 1634 (to amendment Our previous figure was not enough. taken up. No. 1633), to change the enactment date. So we have a problem, and it is going If you want to know specifically Reid motion to recommit the bill to the to cause some real disruptions. what the problems are, Dr. Charles Mc- Committee on Environment and Public One of the things we have to do is ex- Millan, the Los Alamos Director said: Works, with instructions, Reid amendment tend the life of one of our old weapons No. 1635, to change the enactment date. called the B–61. This is a 2-year delay Without CMRR, there is an identified path Reid amendment No. 1636 (to (the instruc- to meet the Nation’s requirement of 50 to 80 tions) amendment No. 1635), of a perfecting now on that, a 2-year delay on another pits per year . . . the budget reduction in nature. warhead called the W–76, at least a 5- FY13 compounds an already difficult set of Reid amendment No. 1637 (to amendment year delay in the construction of the FY12 budget challenges and raises questions No. 1636), of a perfecting nature. plutonium processing facility at Los about whether we can meet the pace of the The PRESIDING OFFICER. The as- Alamos Laboratory called the CMRR modernization path outlined in the 2010 Nu- sistant Republican leader is recognized. facility. clear Posture Review. Mr. KYL. Mr. President, I ask unani- Why is that important? We knew So we have a problem. Unless the mous consent to speak as in morning prior to commitments the President President is willing to work with Mem- business for 10 minutes and that I be made before the START treaty was de- bers of Congress, and unless Members followed by the Senator from Texas, bated that the CMRR was critical. We of Congress are willing to recognize Mr. ALEXANDER. do not have a production capacity. Un- that the Senate acted based upon some The PRESIDING OFFICER. From like Russia and China, for example, we commitments the administration made Tennessee. cannot produce new nuclear weapons. and we have to keep our end of the bar- Mr. KYL. What did I say? From Ten- We have to go back and revise the ones gain as well, we are going to find a nessee. Whatever I said, I apologize. I we have. One of the facilities that huge problem with our modernization said Texas. I apologize. would enable us to do that is this program, with our nuclear weapons

VerDate Mar 15 2010 01:32 Feb 17, 2012 Jkt 019060 PO 00000 Frm 00010 Fmt 4624 Sfmt 0634 E:\CR\FM\G16FE6.013 S16FEPT1 pwalker on DSK7TPTVN1PROD with SENATE February 16, 2012 CONGRESSIONAL RECORD — SENATE S815 program, and all that portends with re- having enough nuclear weapons to reason that the New START treaty spect to our deterrent capability. cover all of the military targets of a passed. But I doubt the New START Now, let me turn to the other news of potential adversary, we end up having treaty would have been ratified with- the week. The President’s people con- only enough weapons to hold hostage out it. So it is an important part of firmed that, yes, they are, in fact, the cities of our potential adversary that debate, and it is an important studying whether we can reduce our and thus the civilian population of part of the debate today. nuclear warheads. Remember, we were those countries. I am one of those Senators who is at 1,500 for START, and an 80 percent That is not a moral deterrent. As a right in the middle of the discussion. I reduction could take us down to 300. result, I think we have to think very worked with the Senator from Arizona That is almost unthinkable, especially carefully about this prospect of reduc- on the last appropriations bill, and he in today’s environment where we have ing our nuclear weaponry. We, obvi- worked harder than anyone to try to Russia and China with new production ously, have to do a lot more work on get the amount of appropriations clos- capacities. They are developing new this issue in the Congress. As I said, we er to the 1251 number. We made some nuclear weapons and producing them. have some means of expressing our progress but still fell short. This rep- We are not designing or developing views to the administration. I think it resents a substantial challenge to us. any new nuclear weapons. We have no needs to think very carefully about I think he has put his finger on a plans to do so, and we have no produc- this. To the extent that it thinks it is very important problem. When we talk tion capacity to make them, even if we going to solve or going to help with our about reducing defense spending—or se- did. The capacity to refurbish the old financial crisis, reducing the number of questering defense spending—this is ones is now going to be delayed an- warheads, unfortunately, does not re- the kind of thing that we end up hav- other 5 years. So why would we be duce a lot of expense. It is a little bit ing to deal with because, even in the thinking about reducing our warheads like the BRAC Commission. So that last year, both the administration and even further under these cir- cannot be cited as a reason to do this. the Senate Appropriations Committee cumstances? Well, some people say, Finally, nor is there any prospect moved some money from defense over with a robust missile defense program, that we can serve as a moral example to this account to try to increase the and by upgrading our conventional ca- to other countries in the world by re- money for nuclear weapons moderniza- pabilities, we might think about this. ducing our warheads to that level. The tion, and still there was not enough to The problem with these two assump- START treaty was supposed to be a meet the 1251 commitment that many tions is, this budget cuts both of them new reset showing the world, through of us agreed to at the time the New dramatically as well. We are not en- our moral example, the benefits of re- START treaty was announced. hancing conventional capabilities, we ducing warheads. Not a country in the I thank him for his comments. I look are drawing them down, which, by the world has reduced warheads since the forward to working with him on that way, is what has caused the Russians signing of the New START treaty ex- important question. to rely much more heavily on their nu- cept the United States. Russia has not, I would like to talk about market- clear program. China has not, Pakistan has not, our place fairness, which ought to be an What about the people who rely on allies have not, and Iran and North all-American subject in the Senate. It our nuclear deterrence, the 32 coun- Korea talk about expanding their pro- has turned out to be one that attracts tries that rely on our nuclear um- grams. strong bipartisan support. In Novem- brella? If they see this, my guess is So this is based on a very shaky ber, Senator ENZI of Wyoming, the they are going to look at what they proposition of benefits which are very Democratic whip, Senator DURBIN, and might do to develop their own weapons: unlikely to occur, and it is fraught I introduced, along with seven other So much for nonproliferation. What with dangers that we must debate in Senators—an equal number from both about the idea that countries that now this country before the President sim- sides of the aisle—what we call the have close to 300 weapons could become ply unilaterally decides to make such a Marketplace Fairness Act to close a 20- peers of the United States? How is that drastic change in American policy. year loophole that distorts the Amer- for strategy, to have Pakistan, which We will have more time to discuss ican marketplace by picking winners will soon have more weapons than Brit- this in the future. Given the fact that and losers, by subsidizing some busi- ain does, to have as many nuclear these two events were kicked off this nesses at the expense of other busi- weapons as the United States? week—the President’s budget and this nesses, and subsidizing some taxpayers That is not exactly the most stable latest announcement—I thought we at the expense of other taxpayers. place in the world today. Iran is devel- should at least have a preliminary dis- My colleagues and I keep talking oping its capability. North Korea al- cussion of it on the floor of the Senate about it because we strongly believe, as ready has it. The Chinese are already today. do many people across this country, at roughly this level and improving I yield to my colleague from Ten- that now is the time for Congress to their capability. Of course, Russia is nessee. act. Many Americans do not realize much above it and talking about actu- The PRESIDING OFFICER. The sen- when they buy something online, ally building more nuclear weapons, ior Senator from Tennessee. which we increasingly do today, or not fewer. Mr. ALEXANDER. Mr. President, I order something through a catalog, The Deputy Defense Minister in Rus- ask unanimous consent to speak as in which we have done for a long time, sia recently said, on February 6: morning business. from a business outside of our own I do not rule out that under certain cir- The PRESIDING OFFICER. Without State that we still owe the State sales cumstances, we will have to boost, not cut objection, it is so ordered. tax. our nuclear arsenal. MARKETPLACE FAIRNESS So what we are talking about does Now we are talking about reducing Mr. ALEXANDER. Mr. President, I not even rise to the dignity of a loop- ours. How are we going to convince the am here to talk about another subject, hole. What we are talking about is a Russians to reduce theirs? I presume marketplace fairness. But before I do, I law that says you owe the State sales this is all going to be done in some want to acknowledge the importance of tax even if you buy it online and even kind of additional treaty with the Rus- what the Senator from Arizona has had if you buy it from a catalog from out of sians, not likely to occur. to say and his leadership in the whole State. The law already says, if you buy To me, what is most bothersome is area of our nuclear doctrine, but espe- it you owe it. that one of the arguments that nuclear cially in the area of nuclear weapons This is not a problem only for big re- opponents have always had is that we modernization. tailers such as Amazon and Walmart. never want to get to a point where our I think he is correct to say that the It is a problem that is killing small doctrine, instead of holding hostage discussion about section 1251, which he businesses in Tennessee and across our the military capability of any would-be described—which is the goal for the country. adversary, would be to hold civilians amount of money we need to modernize Last month, Gov. Bill Haslam of Ten- hostage, innocent civilians. That is our nuclear weapons that we have in nessee and I spoke with small business precisely what happens when instead of this country—may not have been the owners from Knoxville and Oak Ridge,

VerDate Mar 15 2010 01:32 Feb 17, 2012 Jkt 019060 PO 00000 Frm 00011 Fmt 4624 Sfmt 0634 E:\CR\FM\G16FE6.021 S16FEPT1 pwalker on DSK7TPTVN1PROD with SENATE S816 CONGRESSIONAL RECORD — SENATE February 16, 2012 Chattanooga, Johnson City, Nashville is preventing States from going ahead a rarity in Federal legislation, because and Memphis about this problem. and collecting those taxes. That is it is only 10 pages long. You can actu- Every single one of those business own- true. If I were to buy my boots online ally read it in a few minutes. It is fair ers shared personal stories about how and not pay the sales tax, the Governor because it gives States the right to de- this loophole has hurt their businesses. could come knocking on my door and cide for themselves how to enforce the Basically, this is what they said hap- add the sales tax onto the purchase States’ own laws. It protects businesses pened. I remember the story of the price of the boots. But that is not and consumers by requiring States to Nashville Boot Company. I talked to going to happen in a practical world. I adopt basic simplifications. the owner. The customer came into the mean, the State cannot do that for mil- It exempts small businesses that sell store, tried on a boot, got advice from lions of purchases that are made every less than $500,000 in remote sales each employees about the boot, and then year online; and no one wants the Gov- year. That is very important. I used went home to buy the product online in ernor and his agents knocking on their the example of the Nashville Boot order to avoid paying the State sales doors about that. Company. The owner sells online and tax, which the customer owes. The So there is a simpler way to do it. he sells out the front door. He said State law already says you owe the Congress should make it easy for never in his history has he sold more tax. States to be able to do that because we than $400,000 worth of revenue from his The problem is, when you buy some- should recognize the loophole is unfair, boot sales online. And when he began, thing at the Nashville Boot Company, that it is anticompetitive, and it is dis- he was at least one of the larger online or any other local store, the Nashville torting the marketplace. boot sellers. So the $500,000 exemption Boot Company collects the tax from As a Republican Senator, I believe for small businesses from this legisla- you, adds it to your bill, and then sends our party should oppose government tion should go a long way to meeting the money to the State. That is how it policies that prefer some businesses the concerns of those Senators on both has always worked. But if you buy the over other businesses and some tax- sides who want to make sure we don’t same boot or the same other item on- payers over other taxpayers. I believe impose some sort of new rule on very line or through a catalog, that business in States rights. Our bill gives States small entrepreneurs. does not collect the State sales tax, the right to make decisions for them- Another reason Congress should act even though you owe it. So the result selves. If Illinois or Tennessee or Cali- now is that States and local govern- is that similar businesses selling the fornia wants to prefer some businesses ments will lose an estimated $23 billion same thing are being treated entirely over others, wants to prefer some tax- in uncollected sales tax revenue in 2012 different. That is not right, and it is payers over others, they can do that. because of this loophole. Here is what not fair. That is their State’s right. But we former Governor Jeb Bush had to say Most Americans who have looked at ought to make it possible for them to about that: the issue agree with that. So how did make their own decision. It seems to me there has to be a way to tax this happen? Well, in 1992, when most sales done online in the same way that sales A number of conservatives have been are taxed in brick and mortar establish- of us could not possibly have imagined outspoken supporters for our legisla- ments. My guess is that there would be hun- how the Internet would have changed tion. dreds of millions of dollars that then could the way we shop for things, the Su- At times, conservatives were reluc- be used to reduce taxes to fulfill campaign preme Court said States could not re- tant to support it over the years, be- promises. quire out-of-State catalogs or online cause it was complicated and because Uncollected sales taxes could be used sellers to do the same thing States re- it ‘‘sounded like a’’ tax. Well, it is to pay for things our States need to quire of stores up and down Main about a tax, but it is a tax that is al- pay for now. They could be used to re- Street. What was the reason? It was ready owed. duce college tuition. They could be too complicated for an online seller Here is what Al Cardenas, chairman used to pay outstanding teachers. But such as Amazon or a catalog seller to of the American Conservative Union, they could also be used to reduce the figure out what the sales tax would be says. He supports our legislation and sales tax rate or to reduce some other in Tennessee, and then how much to says: tax, or to avoid a tax altogether. add on Maryville, which is the town in There is no more glaring example of mis- In Tennessee, where we don’t have a which I live. guided government power than when taxes or State income tax, we want to avoid Well, 20 years ago, I might have regulations affect two similar businesses one. ‘‘State income tax’’ are probably agreed with that. But today technology completely differently. the three worst words in our vocabu- has made it easy for catalog sellers or Former Governor Haley Barbour also lary, and collecting tax on sales from online sellers to do the same thing supports our bill. He said: everybody who owes it could not only Main Street sellers are required to do. There is simply no longer a compelling reduce our sales tax but help us avoid Let me give an example. reason for government to continue giving on- a State income tax. This morning I wanted to know what line retailers special treatment over small Governor Haslam of Tennessee, who the weather was in my hometown of businesses. strongly supports our legislation, says: Maryville, TN. So I opened my com- Governor Mitch Daniels of Indiana It’s just too big of a piece of our economy puter, went to Google, I typed in my said a similar thing. Congressman now to treat it like we did 20 years ago. ZIP Code, I typed in ‘‘weather.’’ It told MIKE PENCE of Indiana, a well-known Governor Haslam is right. Online me the weather. The software now ex- conservative Congressman, said: sales set new records last year. And ists to provide to catalog sellers or on- I don’t think Congress should be in the while the growth of e-commerce is very line sellers the same sort of easy way business of picking winners and losers. Inac- good news for our economy, our local to find out sales tax. tion by Congress today results in a system businesses are getting hurt because If I were to buy a TV set online in that does pick winners and losers. they are not competing on a level play- Maryville, TN, I could just type in that That is what Congressman MIKE ing field. That is why our legislation city, the price, my name, and it would PENCE had to say. has the support of the National Gov- tell me the tax. I think it could even At CPAC this past weekend, in a ernors Association, the National Con- send the tax on to the State. In fact, it gathering of conservative activists, ference of State Legislatures, the Con- is about as easy—with this software there was a panel of leaders and indus- ference of Mayors, and the National that under our law is going to have to try experts talking about this issue. Association of Counties, to name a few. be provided by the State to out of state The general agreement was that Con- About the only ones left who are retailers—it is about as easy for them gress should act to solve the problem. complaining about our legislation are to find out what the tax is as it would The solution, the panelists said, should taxpayers and businesses who are being be for the Nashville Boot Company be fair, something people can under- subsidized by other taxpayers and busi- when someone walks in and buys the stand, and meet the needs of States, nesses because the playing field isn’t boots in Nashville. consumers, and retailers. level. Some people have asked why should I believe our legislation accomplishes Amazon, a huge online seller, strong- Congress get involved because nothing all these goals. In the first place, it is ly supports our legislation. Over the

VerDate Mar 15 2010 01:32 Feb 17, 2012 Jkt 019060 PO 00000 Frm 00012 Fmt 4624 Sfmt 0634 E:\CR\FM\G16FE6.022 S16FEPT1 pwalker on DSK7TPTVN1PROD with SENATE February 16, 2012 CONGRESSIONAL RECORD — SENATE S817 years, they have opposed legislation bipartisan cosponsors of this legisla- to enforce their own tax laws and make sure like this. Now they believe we have tion of January 31 asking for a hearing that state and local governments and busi- solved the problem. Why? Because they on the Marketplace Fairness Act, nesses are not left behind in tax reform dis- say our bill makes it easy for con- quotes from conservatives on this cussions. The House Judiciary Committee’s hearing on this single issue on November 30, sumers and easy for retailers to comply issue, and another memo with quotes 2011, demonstrated the growing demand to with State sales tax laws, and it helps from the Conservative Political Action close this loophole, and your committee States without raising taxes or new Conference. would provide the best public forum for an Federal spending. There being no objection, the mate- open debate in the Senate on the merits of Some people will tell you we are rial was ordered to be printed in the this important policy issue. talking about taxing the Internet. RECORD, as follows: The Finance Committee is in the best position to shape the discussion on state and That is not true. Our legislation U.S. SENATE, local taxation this year, particularly on doesn’t create a new tax. It doesn’t tax Washington, DC, January 31, 2012. sales and use taxes on remote sales. We urge Hon. MAX BAUCUS, the Internet. The Senate debated Inter- the Committee to hold a hearing on the im- Chairman, Committee on Finance, Dirksen Sen- net access taxes several years ago. I plications of The Marketplace Fairness Act ate Office Building, Washington, DC. was in the middle of the debate. It led at the earliest date possible. Thank you in Hon. ORRIN HATCH, to a moratorium on Internet access advance for your consideration of this re- Ranking Member, Committee on Finance, Dirk- quest. taxes. That moratorium is still in ef- sen Senate Office Building, Washington, Sincerely, fect today. DC. Michael B. Enzi; Lamar Alexander; John We are talking about state taxes that DEAR CHAIRMAN BAUCUS AND RANKING MEM- Boozman; Roy Blunt; Bob Corker; are already owed, and the moratorium BER HATCH: We urge the Finance Committee Richard J. Durbin; Tim Johnson; Jack to hold a hearing on The Marketplace Fair- on an Internet access tax will stay in Reed; Sheldon Whitehouse; Mark L. ness Act (S. 1832), bipartisan legislation to place and not be altered. Pryor; Benjamin L. Cardin. It is very hard to see how anyone can allow States to collect sales and use taxes on remote sales that are already owed under say with a straight face that giving CONSERVATIVE VOICES ON E-FAIRNESS State law. For the past 20 years, States have States the right to collect taxes that ‘‘The only complete answer to this problem been prohibited from enforcing their own is a federal solution that treats all retailers are already owed is a tax increase. sales and use tax laws on sales by out-of- and all states the same.’’ I have spent a lot of time talking state, catalog and online sellers due to the —Indiana Governor Mitch Daniels, an- with my colleagues about making the 1992 Supreme Court decision Quill Corpora- nouncing that Amazon.com will begin col- Senate work more effectively. One way tion v. North Dakota. Congress has been de- lecting sales tax in Indiana beginning in 2014, bating solutions for more than a decade, and to do that is to make sure Senators January 9, 2012. have an opportunity to thoroughly some States have been forced to take action consider important legislation. on their own leading to greater confusion ‘‘I don’t think Congress should be in the On January 31, a few weeks ago, over and further distorting the marketplace. business of picking winners and losers. Inac- On November 9, 2011, five Democrats and 200 businesses and State and national tion by Congress today results in a system five Republicans introduced The Market- today that does pick winners and losers.’’ trade associations sent a letter to the place Fairness Act, which would give states Senator from Montana, chairman of —Representative Mike Pence, House Judi- the right to decide for themselves whether to ciary Committee, hearing on ‘‘Constitu- the Finance Committee, asking him to collect—or not to collect—sales and use tional Limitations on States’ Authority to cosponsor our bill and to address the taxes on all remote sales. Congressional ac- Collect Sales Taxes in E-Commerce,’’ No- inequity this year. Senator ENZI and tion is necessary because the ruling stated vember 30, 2011. the bill’s cosponsors have also urged that the thousands of different state and the Senate Finance Committee to hold local sales tax rules were too complicated ‘‘. . . e-commerce has grown, and there is and onerous to require businesses to collect simply no longer a compelling reason for a hearing on our bill as soon as pos- sales taxes unless they have a physical pres- sible. government to continue giving online retail- ence in the state. ers special treatment over small businesses The House Judiciary Committee has Today, if an out-of-state retailer refuses to who reside on the Main Streets across Mis- already held a hearing. Their hearing collect sales and use taxes, the burden is on sissippi and the country. The time to level on November 30, gave House Members the consumer to report the tax on an annual the playing field is now . . .’’ of both political parties the oppor- income tax return or a separate state tax —Mississippi Governor Haley Barbour, let- tunity to learn more about the issue form. However, most consumers are unaware ter to Sens. Enzi and Alexander endorsing S. and express their support for it. I hope of this legal requirement and very few com- 1832, the Marketplace Fairness Act, Novem- ply with the law. Consumers can be audited ber 29, 2011. the Senate Finance Committee will se- and charged with penalties for failing to pay riously consider our request and soon sales and use taxes. ‘‘The National Governors Association ap- find time so Senators can have the Across the country, states and local gov- plauds your efforts to level the playing field same opportunity that House Members ernments are losing billions in tax revenue between Main Street retailers and online have had. already owed. On average, States depend on sellers by introducing S. 1832, the ‘Market- Ten years ago, the bills we consid- sales and use taxes for 20% of their annual place Fairness Act.’ This common sense ap- ered to try to close this loophole sim- revenue. According to the National Con- proach will allow states to collect the taxes ply weren’t adequate to solve the prob- ference of State Legislatures, this sales tax they are owed, help businesses comply with lem. The legislation we introduced in loophole will cost states and local govern- different state laws, and provide fair comments $23 billion in avoided taxes this year petition between retailers that will benefit November does solve the problem. It is alone. At a time when State budgets are consumers.’’ simple, it is about States rights, it is under increasing pressure, Congress should —Tennessee Governor Bill Haslam and about fairness, and it solves the prob- give States the ability to enforce their own Washington Governor Christine Gregoire, lem. It doesn’t cost the Federal Gov- laws. National Governors Association letter to ernment a dime, it doesn’t change Fed- The Quill decision also put millions of Sens. Durbin, Enzi, Tim Johnson and Alex- eral tax laws, and it doesn’t require local retailers at a competitive disadvantage ander endorsing S. 1832, the Marketplace States to do anything. It simply gives by exempting remote retailers from tax col- Fairness Act, November 28, 2011. lection responsibility. Local retailers in our States the right to decide for them- communities are required to collect sales ‘‘When it comes to sales tax, it is time to selves how to enforce their own laws. taxes, while online and catalog retailers sell- address the area where prejudice is most This is a 20-year-old problem that ing in the same state are not required to col- egregious—our policy towards Internet sales. only the Federal Government can lect any of these taxes. This creates a tax At issue is the federal government exempt- solve. Unless we act, States will con- loophole that subsidizes some taxpayers at ing some Internet transactions from sales tinue to be deprived of their right to the expense of others and some businesses taxes while requiring the remittance of sales enforce their own tax laws and busi- over others. taxes for identical sales made at brick and nesses will not be allowed to compete State and local governments, retailers, and mortar locations. It is an outdated set of taxation experts from across the country are policies in today’s super information age, on a level playing field. urging Congress to pass The Marketplace when families every day make decisions to Mr. President, I ask unanimous con- Fairness Act because it gives states the right purchase goods and services online or in per- sent to have printed in the RECORD a to decide what works best for their local gov- son. Moreover, it’s unfair, punitive to some letter to Chairman BAUCUS and Rank- ernments, residents, and businesses. Given small businesses and corporations and a boon ing Member HATCH from the 12 Senate our fiscal constraints, we should allow states for others.’’

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I thank the Chair. dressed and I believe that H.R. 3179 does I yield the floor, and I suggest the ab- ‘‘It seems to me there has to be a way to that.’’ tax sales done online in the same way that —Texas State Representative John Otto, sence of a quorum. sales are taxed in brick and mortar estab- testimony before the House Judiciary Com- The PRESIDING OFFICER. The lishments. My guess is that there would be mittee, hearing on ‘‘Constitutional Limita- clerk will call the roll. hundreds of millions of dollars that then tions on States’ Authority to Collect Sales The bill clerk proceeded to call the could be used to reduce taxes to fulfill cam- Taxes in E-Commerce,’’ November 30, 2011. roll. paign promises.’’ Mrs. BOXER. Mr. President, I ask —Former Florida Governor Jeb Bush, let- SUPPORT FOR MARKETPLACE FAIRNESS ACT AT unanimous consent that the order for ter to Florida Governor Rick Scott, January CPAC the quorum call be rescinded. 2, 2011. Conservative Political Action Conference The PRESIDING OFFICER. Without (CPAC) panel demonstrates broad support objection, it is so ordered. ‘‘The truth is, Amazon’s unfair sales tax among conservatives for Congressional ac- Mrs. BOXER. Mr. President, we have exemption has seriously penalized its com- tion on state sales tax policy choice. petition, which is mostly smaller, locally On Saturday, February 11, 2012, a panel of on the floor of the Senate the Trans- owned retail shops. It has hurt job creation conservative leaders and industry experts at portation bill. You might wonder why and economic growth. It has resulted in gov- the CPAC conference discussed the issue of a bill that is the No. 1 jobs bill that we ernment superseding market and consumer creating a Constitutional framework for col- can do here is moving so slowly. You preferences. And it has left Main Streets lecting sales tax online. The discussion dem- might wonder. Any normal person across the country barren.’’ onstrated the strong consensus that Con- would wonder why a bill that is so pop- —Stephen DeMaura, Americans for Job Se- gress should act to establish a fair, national ular that it has everyone from the curity, ‘‘Amazon’s Argument Falls Apart,’’ approach that will address the needs of re- AFL–CIO to the Chamber of Commerce RedState.com, September 14, 2011. tailers, states and consumers. Conclusions from the panelists: supporting it is moving so slowly. You ‘‘The mattress maker in Connecticut is ‘‘The principles that we agree to as con- might wonder why it is moving so willing to compete with the company in Mas- servatives is generally: limited government, slowly, since the transportation au- sachusetts, but does not like it if out-of- that taxes should be low, spending should re- thorization for all of our highway and state businesses are, in practical terms, sub- strained, no infringement on personal lib- transit projects expires in about 1 sidized; that’s what the non-tax amounts to. erties and that elected officials certainly month. You might wonder why it is Local concerns are complaining about traffic shouldn’t be picking winners and losers in moving so slowly. Why isn’t anyone in mattresses and books and records and the marketplace. here? What is going on? computer equipment which, ordered through ‘‘When [conservatives] apply these prin- the Internet, come in, so to speak, duty ciples to this issue of e-fairness, we come up Yesterday, I came here and said I free.’’ with the conclusion that the system is anti- didn’t see a clear path forward for this —William F. Buckley, National Review quated, flawed and should be replaced.’’ bill. It is very disturbing, and I will tell Editor at Large, ‘‘Get that Internet Tax —Steve DeMaura, President, Americans for you why it is so disturbing. And that is Right,’’ National Review Online, October 19, Job Security. that when you look at the construction 2001. area of our economy, it is still down. ‘‘So, if we are going to change the system, We have 1.5 million unemployed con- ‘‘Current policy makes the sales tax a dis- we should make sure that it’s something struction workers. If you think in your tortion. Current policy gives remote sellers a simple, something understandable and some- price advantage, allowing them to sell their thing fair across the board. Whatever bur- mind’s eye what that is, I have a pic- goods and services without collecting the dens the system puts on online businesses ture here of a stadium during the sales tax owed by the purchaser. This price should also be put on brick and mortar busi- Super Bowl. You could see this sta- difference functions like a subsidy. It dis- nesses. States should not be allowed to col- dium. I want you to picture everyone torts the allocation between the two forms lect until they accept basic rules about what sitting in this stadium as an unem- of selling. The subsidy from not collecting gets taxed and where. ployed construction worker and think tax due means a larger share of sales will ‘‘The bill before Congress now achieves about 15 stadiums full. Yesterday, I take place remotely than would occur in a this better than previous bills.’’ said it was 10; that was incorrect. I free, undistorted market.’’ —Joe Henchman, Vice-President of Legal —Hanns Kuttner, Hudson Institute, report and State Projects, Tax Foundation. stand corrected today. It is 15 stadiums on e-fairness entitled ‘‘Future Marketplace: full of unemployed construction work- Free and Fair,’’ November 29, 2011. ‘‘If a consumer changes their behavior be- ers praying that we pass this bill, because of government policy, this is not a free cause they are unemployed and this ‘‘Some opponents will argue against plac- market result. It’s the result of the govern- bill will create or save up to 2.8 million ing another burden on businesses and espe- ment and the government’s policy. That’s jobs. It will create or save 1.8 million cially on small business. Unfortunately, why you have to create a level playing field jobs and create up to 1 million jobs. today the burden is on those retailers who between the seller who has to collect the Yesterday, I said I didn’t see a clear sales tax. . . and those who don’t.’’ are trying to compete against someone who path forward. Today, I see a path for- isn’t collecting the tax. That 6–10% govern- —Hanns Kuttner, Visiting Fellow, Hudson ment mandated price advantage is the real Institute. ward. I really do. There has been some burden on small business. However, all of the progress overnight. But it isn’t as clear bills introduced in this Congress protect ‘‘We think the Congress should act. The as it should be. We asked both sides of small businesses by excluding the smallest, time is right to act, for Congress to get this the aisle, we said, Can you come up by requiring states to simplify their laws done and allow the states to make fiscal pol- with amendments that you feel com- and processes, and by requiring states to pro- icy choices on their own—as a matter of fair- pelled to offer to this bill? And try to vide software.’’ ness. As an added detail, there needs to be keep them related to transportation. fairness not only between offline and online, —Indiana State Senator Luke Kenley, tes- Well, the bad news is there are a lot of timony before the House Judiciary Com- but among online sellers and we certainly mittee, hearing on ‘‘Constitutional Limita- support that approach.’’ extraneous amendments that were tions on States’ Authority to Collect Sales —Paul Misener—Vice President for Global filed. Taxes in E-Commerce,’’ November 30, 2011. Public Policy, Amazon. First and foremost, birth control. The Blunt amendment. Not only does ‘‘If action is not taken and Quill is allowed WHY CONSERVATIVES SUPPORT PASSAGE OF THE it say that any employer could say to remain the law of the land, then are we MARKETPLACE FAIRNESS ACT they have a moral objection, it doesn’t not picking winners and losers within the re- The Marketplace Fairness Act protects even have to be a religious objection. tail sector? How is a retailer, such as Bed, states’ rights to make their own policy Any employer. So if I am an employer Bath and Beyond, J.C. Penney or Wal-Mart choices. and I employ 100 people, and let’s say I supposed to compete with Amazon.com, Blue The federal government should not prevent Nile.com or Overstocked.com [sic] when the states from collecting taxes that are already believe in prayer over medicine, I can latter enjoy anywhere from an 8–10% dis- owed. then deny health care to all my em- count due to not having to collect sales tax. Government should not pick winners and ployees. This makes no sense at all. This current law and policy discourages the loses among various businesses. A new fed- Senator BLUNT says, well, you could

VerDate Mar 15 2010 01:32 Feb 17, 2012 Jkt 019060 PO 00000 Frm 00014 Fmt 4624 Sfmt 0634 E:\CR\FM\A16FE6.002 S16FEPT1 pwalker on DSK7TPTVN1PROD with SENATE February 16, 2012 CONGRESSIONAL RECORD — SENATE S819 take it to court. Oh, sure. Some low- tles to the bill, the Finance title, the 1983 when he signed into law dedicating paid employee is going to take it to Banking title, the Commerce Com- motor fuel revenues to public transpor- court. mittee title. I want to praise all of the tation for years to come. But now the So we have to deal with this birth committees. They have done their House—and they talk about the prob- control amendment and health care work. Four committees, including lem with the House bill and they tell amendment on a highway bill. As I said ours, the EPW, the Environment and the House to fix their proposal, which yesterday, first when I saw the birth Public Works Committee, we have all we hope they are doing as we speak. control amendment, I thought maybe done our work. We have done our jobs. This is a very important endeavor. it says you can’t take your birth con- We did what we had to do. We passed Again, I have been around a long time. trol pills when you are on a Federal out the legislation. Now let’s marry all I have never seen the likes of the coali- highway. What is going on here? There the pieces and get going with legiti- tion we have seen. We have a coali- is no relation. It is bizarre to offer mate amendments and get this done. tion—it is the broadest coalition I have these unrelated amendments. Get this done. ever seen in my life in every single Then we have an amendment on I urge colleagues to vote yes on clo- State, whether it is Ohio or California Egypt. Now, frankly, I am ready to ture. I know some have problems with or New York or Alabama or Nevada or vote on the birth control. I am happy one of the titles, and we can amend Kentucky. I am telling you, this is a to vote on an Egypt amendment, al- that. If you don’t like something in strong coalition. And this is what they though I believe—this is my own view that title, we can amend it. And if we wrote to us: as a member of the Foreign Relations don’t make cloture on the first round, In 2011, political leaders—Republican and Committee—that when we have such we will come up with a path forward Democrat, House, Senate, and the adminis- delicate negotiations going on over the after that. But, please, it won’t work if tration—stated a multi-year surface trans- safety of our citizens who are being we have all of these bizarre, extraneous portation bill is important for job creation held there, we have to be very careful amendments. I am not saying the and economic recovery. We urge you to fol- not to interfere in that important amendments are bizarre. Some are. But low words with action: Make Transportation backdoor diplomacy that is going on. they are extraneous and they don’t be- Job #1 and move legislation immediately in But we have one Senator who is hold- the House and Senate to invest in the roads, long on this bill. bridges, and transit systems that are the ing up everything because he insists I want to take a minute to remind backbone of the U.S. economy, its businesses that we have to take a stand on Egypt my colleagues how popular the trans- large and small, and communities of all even though we have Americans in dan- portation authorization is. We are sizes. ger over there. going to show you the ad that is being That is basically from the letter My Republican friends have to under- run. But President Reagan was very signed by over 1,000 organizations. stand what is at stake. The business clear on why it was so important to I see my friend from California is community, the labor community, ev- pass a transportation bill. Here is what here. She may be speaking on this eryone is in favor of this transpor- he said: topic or another topic, and I am going tation bill, and we are going to have to The state of our transportation system af- to yield to her momentarily. face votes that are unrelated. fects our commerce, our economy, and our I think it is important to take a look There is an idea to repeal a very im- future. at the organizations I talked about to portant environmental regulation that He said, clearly, this program is an will clean up the pollution from boil- give you a sense of it. First of all, investment in tomorrow that we must every State in the Union is listed on ers, pollution that is dangerous. It is make today. And there is a very good mercury. It causes brain damage. It is this letter. coalition out there, a broad coalition I ask unanimous consent to have arsenic. It is lead. And as I said yester- taking out ads on the radio. After they printed in the RECORD a copy of the let- day—and I don’t know whether you quote Ronald Reagan, they say: have had this experience. I have never ter from over 1,000 organizations. It’s time for leadership again, for new in- There being no objection, the mate- in the history of my electoral career, vestments in transportation, to keep Amer- which spans a long time, had anyone ica moving and jobs growing. Call Congress. rial was ordered to be printed in the come up to me and say, Please, BAR- Tell them to pass the highway and transit RECORD, as follows: JANUARY 25, 2012. BARA, we really need more arsenic in bill and, once again, make transportation job TO THE MEMBERS OF THE U.S. HOUSE AND our air, we need arsenic in our water, number one. SENATE: As Congress embarks on a new legis- we need more lead, we need more mer- This is out on the radio airwaves. I lative session, we, the undersigned compa- cury. People don’t want it. Why on am very grateful that it is happening. nies and organizations, urge you to Make Earth would they now come forward in I really, really am. Also, we have ads in Transportation Job #1 in 2012 and pass fed- a highway bill and repeal a very impor- the various newspapers. Then there is eral highway, transit and safety legislation tant rule that will make our families another one that marries up two Presi- that, at a minimum, maintains investment healthier? That is what my Republican dents’ statements, President Reagan levels before the current law expires on friends are putting out there. They and President Clinton. They quote March 31. The long-delayed reauthorization President Clinton by saying: of federal highway and public transportation want to drill off our coast, even though programs is a major piece of unfinished busi- it might interfere with the fishing in- By modernizing and building roads, ness that can provide a meaningful boost to dustry, the tourism industry, the bridges, transit systems, and railroads, we the U.S. economy and its workers and al- recreation industry. can usher in two decades of unparalleled ready has broad-based support. I would say to my colleagues with a growth. To grow, the United States must invest. hand of friendship, we are happy to Then they also quote Ronald Reagan There are few federal efforts that rival the look at transportation-related amend- again. He says: potential of critical transportation infra- ments. We can work those through. My A network of highways and mass transit structure investments for sustaining and creating jobs and economic activity over the staff and Senator INHOFE’s staff have a has enabled our commerce to thrive. At the end it says: short term. very close working relationship, and Maintaining—and ideally increasing—fed- we can take these relevant amend- Tell Congress to pass the highway and eral funding for road, bridge, public trans- ments and sit down and work through transit bill and make transportation job portation and safety investments can sustain them. But obviously, if there is going number one. and create jobs and economic activity in the to be a series of amendments on birth So here we sit—and I want to show short-term, and improve America’s export control and foreign policy matters and you. I don’t know if people can see this. and travel infrastructure, offer new eco- extraneous matters, it makes it very I hope you can see this. This is an ad nomic growth opportunities, and make the difficult. It diverts our attention from that is running all over today: Presi- nation more competitive over the long-term. dent Reagan stood up for public trans- Program reform would make the dollars what is at stake. The clock is ticking stretch even further: reducing the time it on us. This transportation authoriza- portation. Will you? Then they quote takes transportation projects to get from tion we have expires in March. him and they say: A recovering econ- start to finish, encouraging public-private Here is where we are: We are going to omy is exactly the time to rebuild partnerships and use of private capital, in- have a cloture vote on the various ti- America. President Reagan knew it in creasing accountability for using federal

VerDate Mar 15 2010 03:07 Feb 17, 2012 Jkt 019060 PO 00000 Frm 00015 Fmt 4624 Sfmt 0634 E:\CR\FM\G16FE6.030 S16FEPT1 pwalker on DSK7TPTVN1PROD with SENATE S820 CONGRESSIONAL RECORD — SENATE February 16, 2012 funds to address the highest priority needs, tion workers that even though we have Judge Peter Lichtman described and spurring innovation and technology de- 1.5 million unemployed construction many of these injuries. Passengers ployment. workers, that is going to go up by seated at table seats suffered ‘‘horrible We recognize there are challenges in finding the resources necessary to adequately 600,000 jobs. abdominal injuries that could not be fund such a measure. However, with the eco- We cannot afford to let this bill stop. medically resolved.’’ ‘‘All of the bench nomic opportunities that a well-crafted I will not let this bill go away. I will passengers were launched head [or] face measure could afford and emerging political assert every right I have as a Senator first into a bulkhead.’’ ‘‘Almost all of consensus for advancing such an effort, we from California, where we have 63,000 of these passengers suffered traumatic believe it is time for all involved parties to these jobs at stake. I am going to be brain injuries to varying degrees.’’ come together and craft a final product. here on the Senate floor. We are going In 2011, political leaders—Republican and Let me explain how and why this to get this bill done one way or an- happened. Seconds before the crash, Democrat, House, Senate and the Adminis- other. We stand ready to work with our tration—stated a multi-year surface trans- the train’s engineer was text-mes- portation bill is important for job creation colleagues, to work with our Repub- saging on his cell phone. He was the and economic recovery. We urge you to fol- lican friends, to go through these only personnel aboard that train when amendments that are relevant and urge low words with action: Make Transportation he looked down to send a text to a them to backtrack on these very unre- Job #1 and move legislation immediately in teenage boy. This was one of 21 text the House and Senate to invest in the roads, lated amendments. bridges, transit systems that are the back- I yield the floor. messages sent by this engineer this bone of the U.S. economy, its businesses The PRESIDING OFFICER (Mrs. day. He received 20 secretaries mes- large and small, and communities of all HAGAN). The Senator from California is sages and made four outgoing tele- sizes. recognized. phone calls, all while he was driving a From over 1,000 organizations, led by Mrs. FEINSTEIN. Madam President, large commuter train. U.S. Chamber. I thank my friend and colleague, the According to the NTSB’s comprehen- Mrs. BOXER. Madam President, I am distinguished chair of the committee, sive report on the crash, this behavior going to name a few of them: the for her work in managing this bill. distracted the engineer and caused the American Composite Manufacturers This is a huge bill. It has many titles. collision. It led to the train running Association, American Concrete Pave- It is a complex bill. It is a totally vital red signals. In fact, NTSB found the ment Association, American Hotel and bill. Both on this floor and off this passenger train’s engineer never even Lodging Association, American Nurs- floor, she has been advocating and hit the brakes before impact. NTSB ery and Landscape Association, Amer- pushing and doing what is necessary. I found that a crash avoidance system ican Society of Civil Engineers, Associ- want to say thank you very much to would have stopped the train and pre- ated General Contractors of America, my friend and colleague, Senator vented this disaster, but, unfortu- National Society of Professional Engi- BOXER. nately, the tracks in Los Angeles had neers, National Resources Defense Mrs. BOXER. I thank the Senator, and have no such system nor do most Council, North American Die Casting and we are working on that too. tracks in the United States. Association, Pacific Northwest Water- Mrs. FEINSTEIN. Madam President, As a result of this accident, 25 people ways Association, Reconnecting Amer- let me describe what happened in 2008 died and 100 people were injured. The ica, Retail Industry Leaders Associa- in Chatsworth, CA. On September 12, statistics about the Chatsworth dis- tion, Transportation for America, U.S. 2008, Metrolink commuter train 111, aster do not begin to tell the story. Chamber of Commerce, U.S. Travel As- carrying more than 200 people, de- Perhaps I might be able to better put sociation, United Brotherhood of Car- parted the Chatsworth train station into words what is at stake in this de- penters and Joiners, Laborers Inter- about 4:20 p.m. Heading west, the com- bate in one of the votes we will be tak- national, International Bridge, Tunnel muter train ran through a train signal ing about positive train control by tell- and Turnpike Association—it goes on at 44 miles per hour at about 4:22 p.m. ing you a little bit about Kari Hsieh and on, a thousand groups representing and 2 seconds. The train signal showed and Atul Vyas. Democrats, Republicans, Independents. red, for stop. Eighteen-year-old Kari did not want I am so grateful to them. I speak to At the same time, a Union Pacific to trouble her father to drive her from them, frankly, a couple of times a week freight train, weighing four times the the family’s Newhall home to a res- to tell them what we are doing here to weight of the commuter train, was move this important bill forward. I heading east on the same track. It taurant in Simi Valley, so she took the told them yesterday they needed to exited a tunnel with little time to train. In October 2008 she became one contact every single Senator in this react to the oncoming commuter train. of many young people killed in this Chamber to let them know what is at Both trains were on the same track crash. She was just starting her senior stake in their State. going in opposite directions, each going year at Hart High School and looking In closing, I will say this: Sometimes roughly 40 miles per hour. The trains forward to a career in medicine, ac- when we act we not only do something collided head on. cording to her family. She played ten- good, which this bill will do—it is a re- The carnage was unspeakable; 25 peo- nis for the school and was well liked by form bill, it is a great bill, and it adds ple died. Their bodies, many torn to her classmates who described her as to the TIFIA Program, an idea that pieces, had to be extracted from heaps warm and caring. ‘‘Anyone who knew came out of Los Angeles and is going of steel and wreckage. her can remember her by her beaming to create up to 1 million new jobs while This is the scene. This is the com- smile and infectious laugh,’’ one of her protecting 1.8 million jobs—we do muter train. This is the freight train. classmates told the Los Angeles Times. many good things. But also when we do This is the car that essentially chopped Here she is. this, we stop bad things from hap- apart 25 people. ‘‘She had such a positive outlook on pening. What will happen if we fail to As Superior Court Judge Peter life and always had something nice to act by March 31 and there is no action Lichtman wrote: say about everyone,’’ wrote a parent of to fill that trust fund, which our bill These were teachers, Federal, State, mu- a varsity tennis player. ‘‘I feel blessed does? There will be over 600,000 jobs nicipal employees, business owners, execu- to have been part of her life.’’ tives, artists and students that were all lost Then there is Atul Vyas, a student at lost. on that day. Later today, at a time when others Many families were left without any pro- Claremont McKenna College, who was are not here, I will go State by State. vider, not to mention the loss of a mom or studying to become a doctor. At 20 Here it is. ‘‘Estimated jobs lost.’’ There dad. years old, he was in the process of ap- would be a 35-percent cut in transpor- Another 101 people were injured, plying to graduate programs at MIT, tation funding if we do not pass this many of them very seriously. Volun- Duke, and Harvard. He scored in the bill and the finance title that raises teers and rescue crews worked val- top 1 percent of his medical school the funds necessary. We will break this iantly to pull them from the wreckage. entry exams, but he was having trouble down. Let me tell you, it is an ugly pic- You can see this overturned train answering one question on applica- ture for us to have to go home and face here. You see the rescue crews. It was tions: Describe a hardship you have the music at home and tell construc- a terrible, terrible scene. overcome.

VerDate Mar 15 2010 01:32 Feb 17, 2012 Jkt 019060 PO 00000 Frm 00016 Fmt 4624 Sfmt 0634 E:\CR\FM\A16FE6.004 S16FEPT1 pwalker on DSK7TPTVN1PROD with SENATE February 16, 2012 CONGRESSIONAL RECORD — SENATE S821 ‘‘He said ‘I have not had any.’ I have reports investigating this question citizens. For several months now these had a blessed life,’’ explained his fa- have recommended an extension, ac- citizens have been essentially held hos- ther. Atul never finished that applica- cording to the NTSB experts. tage, unable to leave Egypt. They are tion nor did he reach his goal of med- Furthermore, every railroad has sub- held on the pretense of trumped-up po- ical school. He took Metrolink train mitted an approved plan to meet the litical charges, held in order to display 111 home to visit his family as he did 2015 deadline to the Federal Railroad them in show trials to placate the mob. every 2 to 3 weeks, but he never made Administration, and the administra- The United States can respond in one it home because an engineer was tion is preparing a report to Congress of two ways: We can hang our head low; texting. on positive train control deployment we can take the tack of Jimmy Carter; As the NTSB found, these young lives progress this year, which should pro- we can try to placate Egypt with con- and the lives of 23 others could have vide us guidance on that effort to date. cessions and offer them bribes in the been saved if crash avoidance tech- I think Congress should consider the form of more government aid; or Amer- nology, known as positive train con- FRA’s findings carefully before scaling ica can respond with strength. trol, had been in place. In 2008, Con- back or delaying a system that can Today the President should call the gress finally required railroads to de- prevent crashes such as Chatsworth. Egyptian Ambassador in and send him ploy positive train control, which the And there have been three prior crash- home with a message, a message that National Transportation Safety Board es that have taken lives on this America will not tolerate any country had placed on its top 10 most wanted Metrolink system. These are not iso- holding U.S. citizens as political pris- safety technologies listed since 1990. lated. They happen. We now have a oners. Congress should act today to tell This body gave the railroad industry 7 technical system that can be 100 per- Egypt that we will no longer send our years to deploy positive train control cent proof-positive to provide safety. annual welfare check to them; that crash avoidance systems nationwide. So I am very concerned that without a this year’s $1.8 billion is not on the The leaders of Southern California’s national strategy, deployment of posi- way. America could put Egyptian trav- Metrolink, Union Pacific, and BNSF tive train control in southern Cali- elers on notice that the welcome sign railroads each committed to deploy fornia will become more difficult. in America will temporarily expire un- positive train control systems in Los There will be excuses, and there will be less the Egyptian Government lets our Angeles years earlier than the national a lessening of effort. And both BNSF people go; or America could hang her mandate. These railroads are still on and Metrolink have made very strong head, promise to continue the foreign track to deploy the system next year. efforts to comply with 2015. Why aid to Egypt, and apologize for sup- I met yesterday with John Fenton, change it? The Los Angeles area is a porting democracy. Which will it be? the new CEO of Metrolink, and Matt huge commuter area, and when it is So far, the signal sent to Egypt from Rose, the CEO of BNSF. They both in- not necessary to change it, why do it? the President and from the Senate has dicated their desire to make their high- The national requirement to deploy the been weak or counterproductive. In est priority positive train control, and system by 2015 creates a substantial in- late January the President’s Under I thank them. Metrolink is going to go centive for industry to develop new and Secretary of State said to the adminis- ahead with it as soon as possible re- cost-effective technology that lowers tration that he wanted to provide more gardless. BNSF told us if they delay— the deployment costs for everyone, in- immediate benefits to Egypt; let’s if this bill delays it, they may take an cluding Metrolink. speed up the welfare checks. The Presi- additional year. The national strategy, which will dent’s budget this week still continues I salute both of them for their sup- hopefully be presented in the FRA’s to include $1.8 billion for Egypt with- port of this program. However, I am 2012 report to Congress, could play a out a single word of rebuke or any de- very alarmed that others in the rail- significant role in addressing positive mand that our U.S. citizens be re- road industry and in Congress diminish train control deployment barriers. This leased. The President went one step the value of positive train control. system can prevent human error from further when he actually increased for- As a matter of fact, the bill we will causing collisions, dangerous releases eign aid to the Middle East in his budg- most likely be voting on—in one of its of hazardous materials, and passengers et, and now the Senate refuses to hold titles, the commerce title—delays posi- and train crews from being killed and a single vote to spend 10 minutes dis- tive train control until 2018. The House injured. cussing why U.S. citizens are being de- bill delays it until 2020. When the tech- So I make these remarks today in tained in Egypt. nology is there, despite its complica- the hopes that there will be support in One might excuse the Egyptians for tions of installation, when you have this body for the 2015 deadline. And I not believing we will cut their aid. You high-risk lines, freight lines and com- really appeal to the committee that cannot lead from behind. Senate lead- muter lines traveling in opposite direc- right now it is locked in at 2018—we ership appears unwilling to address tions on the same track, and when you have tried, we have talked to the staff, this issue head-on, so the Senate won’t have human frailty—in this case one and we have been rejected—to under- act to help our citizens this week. engineer texting aboard a commuter stand that what they are delaying is a I hope that when Senators return train of a couple of hundred people— device that saves lives, and there is no home and talk to their constituents in the only answer to assure the safety to excuse for so doing. The case has not their States, their constituents will the commuter trains of this Nation, in been made to do so. The hearings have ask these questions: Senator, why do my view, is positive train control. I not taken place, there was no markup you continue to send our taxpayer view it as an emergency need. The to add this, and I strongly believe it money to Egypt? Why do you continue NTSB views it as an emergency need. should not be delayed in this bill. I to send our money to Egypt when they According to them, scores of deadly hope Members will listen. I hope they detain our citizens? Senator, why do accidents across the country since 1970 will respond. Hundreds of thousands of you continue to send billions of dollars could have been prevented if positive commuters are at risk until this sys- to Egypt when 12 million Americans train control in effect were installed. I tem is put into place. are out of work? Senator, why do you agree strongly with the NTSB Chair- I yield the floor. continue to send welfare to foreign man, Deborah Hersman, whom I hap- The PRESIDING OFFICER. The Sen- countries when our bridges are falling pen to know, who recently wrote to the ator from Kentucky. down and in desperate need of repair? Congress that: Mr. PAUL. Madam President, de- Senator, how can you continue to flush The NTSB will be disappointed if installa- pendency often leads to indolence, our taxpayer money down a foreign tion of this vital safety system to prevent fa- lethargy, a sense of entitlement, and drain when we are borrowing $40,000 a talities and injuries is delayed. ultimately to a state of insolence. second? The money we send to Egypt The need to extend the 2015 positive Egypt has been receiving welfare from we must first borrow from China. That train control deployment deadline has the United States for nearly 40 years. is insanity, and it must end. Finally, not been demonstrated. The Senate America has lavished $60 billion on Mr. Senator, I hope your constituents Commerce Committee has held no Egypt. They react with insolence and ask you this when you go home: When hearings on this issue and no published disregard by detaining 19 of our U.S. working families are suffering under

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The fact is Americans are friendship, and you can’t convince au- where even Senate Democrats have no going to pay a heavy price for the thoritarians to love freedom with wel- plans to take it up. It is, in other President’s unwillingness and inability fare checks. words, exactly what it was supposed to to lead. America needs to send a clear and be: a campaign document.’’ While President Obama claims his unequivocal message to Egypt that we So with that background from some- budget will create an America built to will not tolerate the detention of U.S. body who is not a Member of Congress, last, his budget builds higher deficits citizens on trumped-up political not a Republican or Democrat—I don’t and debt, a bigger, more intrusive gov- charges or otherwise and that we will know how he might be registered—I ernment, and economic decline for fu- not continue to send welfare checks to would like to give my views on the ture generations. Egypt, to a country that commits an President’s budget, but just so that We want to remember that more im- injustice to American citizens. people know it isn’t just Republicans portant than the economic points of a I ask unanimous consent today to set who disagree with the President’s budget is, when we get a more intru- aside the pending amendment and call budget. sive government, the less economic and up my amendment on Egypt that I think you could sum up the Presi- social freedom people have. would end all foreign aid to Egypt if dent’s budget with three words that By nearly every fiscal measure, our U.S. citizens are not released with- might say you are giving it a D grade, President Obama’s budget makes mat- in 30 days. I think this is an important and probably most people would give it ters much worse. Not only has the amendment which deserves discussion, an F grade, but they would be debt, President chosen to ignore the looming and Egypt deserves to hear a message deficit, distrust, and disaster—too fiscal catastrophe, he has chosen to continue the course and even step on from the Senate that we will not tol- much spending, too much taxing, and the accelerator. erate this. too much debt. This comes from the This year, the Federal Government I ask unanimous consent to bring up fact that earlier this week the Presi- will spend $3.8 trillion—equal to 24.1 amendment No. 1541. dent submitted—as he has to every percent of our GDP. During the past 60 The PRESIDING OFFICER. Is there year—a budget proposal, and this budg- years, we have averaged about 21 per- objection? et proposal was all too predictable. It cent of GDP. So we quantify govern- The Senator from California. was predictable because it follows the Mrs. BOXER. Madam President, re- same path as his previous three budg- ment growing dramatically from tak- serving the right to object, I want to be ets. With breathtaking irresponsibility, ing 21 percent out of the economy— that government spends, 535 Members very clear here that Members on both the President’s 2013 budget would ex- of Congress spend; instead of 300 mil- sides of the aisle, Republicans and pand the scope of government by lion Americans—and that is raised to Democrats, have very strong feelings spending more money, increase taxes on job creators, particularly small 24.3 percent. that this amendment should not be Alarmingly, over the 10-year period business, and continue on the path of brought up at this time. We need to be ahead, in the 2013 budget, in this budg- enormous deficits and record debt— smart and strategic when we have peo- et, spending never gets below 22 per- de´ja` vu. ple in harm’s way in other countries. cent. So forever they are growing gov- The President’s budget proposal is Further, I think it is important to ernment and detracting from indi- supposed to be a serious document, a note what Senator LEAHY has said sev- vidual freedom. eral times, which is already in law—we document that lays out the President’s The President intends to lock in his- have certain conditions placed upon aid priorities along with the President’s torically high levels of spending. Do to Egypt, and I think that needs to be ideas on how to address our national not take it from me, but it is right understood and explored. fiscal and economic challenges. This here in these budget documents we So because there is so much objec- budget fails those goals miserably. have all been given this week. He is a tion to this amendment being brought As a member of the Budget Com- big spender of other people’s money. up at this time, I will object. mittee, I have heard from numerous ex- In dollar terms, spending goes up The PRESIDING OFFICER. Objec- perts who come before that committee from $3.8 trillion this year to $5.8 tril- tion is heard. about the need for Congress and the lion 2022. Over a 10-year period of time, The Senator from Iowa. President to get serious about the fis- this budget spends about $47 trillion, Mr. GRASSLEY. If it is appropriate, cal cliff we are approaching. We have and during that period of time, it in- I would like to ask unanimous consent had deficit commissions—you remem- creases the national debt by $11 tril- to speak as in morning business for ber Simpson-Bowles, as an example— lion. So it is clear this document the about 15 minutes. we have had task forces, and we have President gives to Congress under law The PRESIDING OFFICER. Without had what we call gangs, the Gang of 6, is built to spend. objection, it is so ordered. six Senators trying to work things out, President Obama’s budget is also THE BUDGET and other Members of Congress. All harmful to our fragile economy be- Mr. GRASSLEY. If a Republican like have put forward deficit reduction cause it would impose a $1.9 trillion tax this Senator says that the President’s plans. It is going to take more than a increase. 2013 budget doesn’t pass the smell test, commission, and the President didn’t I always go back to what I thought I would probably have half the country even back the recommendations of his was a very wise decision President questioning my judgment. But I would own commission a year ago. It is going Obama made about 2 or 3 weeks before like to quote the Washington Post’s to take more than task forces, and it is he actually took the oath of office. Dana Milbank’s comments on the going to take more than gangs of Sen- During the campaign, he reminded ev- President’s budget. This was recently ators because the single most impor- erybody he wanted to raise taxes. But in the Washington Post, these words by tant political and moral leader in when he got to being sworn in, he a columnist who I think is generally America is whoever holds the Presi- looked at how bad the economy was, pretty favorable toward President dency of the United States. In this par- and he clearly said it is not too wise to Obama as a person and his administra- ticular instance of this executive budg- raise taxes when we are in recession. tion, but there is great disagreement et, that person and that document has Maybe technically we are not in a re- by this columnist about the President’s failed to lead on this critical issue. It cession, but for the 8.3 percent of the budget. does not matter how many commis- American people who are unemployed, The White House budget for fiscal 2013 be- sions, how many tasks forces, and how it is not just a recession, it is also a de- gins with a broken promise, adds some phony many gangs of Senators we have, with- pression for each one of them.

VerDate Mar 15 2010 03:07 Feb 17, 2012 Jkt 019060 PO 00000 Frm 00018 Fmt 4624 Sfmt 0634 E:\CR\FM\G16FE6.034 S16FEPT1 pwalker on DSK7TPTVN1PROD with SENATE February 16, 2012 CONGRESSIONAL RECORD — SENATE S823 So since the unemployment rate actually go up toward the end of his dent’s budget was defeated in the Sen- stands at 8.3 percent, and the President budget, rising to $704 billion by 2022. ate by a vote of 97 to 0. Not a single seems to be just fine this year, com- This budget puts America on the member of the President’s party sup- pared to 3 years ago when he was sworn course of deficits and debt as far as the ported his budget. in, that hiking taxes is not going to be eye can see into the future. So when constituents ask me why we harmful to the economy, it is not going Additionally, the President took a cannot do something in a bipartisan to be harmful to those 8.3 percent of pass on proposing any real changes to way in Congress—and we do a lot in a the people who are unemployed and our entitlement programs, which are bipartisan way that does not get the looking for jobs, it is going to be. So the real driver of future deficits and attention of the press, so people are why has the President flip-flopped on debt. That is only part of it. The main cynical about Congress being bipar- this issue of whether you ought to in- part of it is, do we want to preserve So- tisan—I quote a 97-to-0 vote about crease taxes when people have such cial Security, Medicare, and Medicaid whether there is bipartisanship, and high unemployment rates? for future generations? Because if we that was a vote against the President’s This tax increase will harm the econ- do not do something about it, it is not budget. Every Republican and every omy and result in fewer job opportuni- going to be preserved. Again, he is ab- Democrat agreed. Once again this year, ties, particularly among the small sent from the discussion when Social if we ever get this to a vote, I predict businesspeople who create or provide Security, Medicare, and Medicaid that very few, if any, will support this for 25 percent of the jobs in America comes up. budget. and generally create 70 percent of the He has offered no solution in this Quite frankly, it would be humorous new jobs in our economy. That is where budget, even though the Simpson- if the consequences of inaction were it is going to be very harmful. Bowles Commission he appointed—he not so serious. We have a moral obliga- I recently asked Federal Reserve never endorsed their recommendations tion to offer serious solutions for today Chairman Bernanke about the pros- 1 year ago; and why he did not endorse and for future generations. The Presi- pects of a tax increase and the impact and trust the people he put in place to dent’s budget fails in this responsi- it would have on our economy. He indi- get a solution to these problems I do bility. He has chosen a politically expe- cated a significant tax hike could slow not know, but even the Simpson- dient path rather than a responsible, the economy, slow the recovery. In my Bowles Commission has solutions for forthright path. question to him before the Budget Social Security, Medicare, and Med- Our grandchildren and great-grand- Committee, I quoted the Congressional icaid. That is further evidence that the children will suffer as a result of this Budget Office that says unemployment President has chosen not to lead on failure, and that suffering comes from would go up and the economy would these very difficult issues. this fact: that for nine generations of grow less if we had this big tax in- President Obama has spoken a lot Americans, each succeeding generation crease the President wants. lately about the issue of fairness. has lived better than the previous gen- The President has spent many hours President Obama believes this type of eration, and a lot of Americans feel speaking about helping our economy, budget, with higher taxes, more bor- that is not going to happen with the investing in our future, and increasing rowing, and enormous deficits and debt next generation. That would be a sad economic opportunities for all Ameri- will bring about fairness. commentary. cans. While he is saying all those If the President is referring to shar- I yield the floor. things that he is probably sincere ing in our Nation’s economic decline, I suggest the absence of a quorum. about, at the same time he does not he is right. If he is talking about shar- The PRESIDING OFFICER. The put his actions where his words are being in a Japanese-like prolonged period clerk will call the roll. cause he does not allow a pipeline to be of stagflation, he is right. If he is talk- The legislative clerk proceeded to built that will create 20,000 jobs right ing about sharing in an economic col- call the roll. now and 110,000 indirect jobs connected lapse such as the one going on in Mr. BROWN of Ohio. Madam Presi- with it. Greece, he is right. It may not be to- dent, I ask unanimous consent that the If he gets his wish to hike taxes by morrow, but all signs point down the order for the quorum call be rescinded. $1.9 trillion, it will harm all Ameri- road in those directions because based The PRESIDING OFFICER. Without cans, further prolong this already 3- upon the national debts of those par- objection, it is so ordered. year slowdown, while growing an even ticular countries, that is where we are Mr. BROWN of Ohio. Madam Presi- larger, more intrusive Federal Govern- headed. dent, I ask unanimous consent to speak ment impinging upon personal liberties The budget proposed by President as in morning business for up to 10 to a greater extent. Obama will have all Americans sharing minutes. Maybe the President’s purpose in im- in higher taxes, a larger, more intru- The PRESIDING OFFICER. Without posing this huge tax increase is an ef- sive government, less freedom, and objection, it is so ordered. fort to reduce the Nation’s debt and deficits and debt that will lead to eco- CHINA TRADE that is probably what he would tell us, nomic decline for future generations. Mr. BROWN of Ohio. Madam Presi- and he may truly believe that. Unfor- We all know a large budget deficit re- dent, I was presiding earlier today be- tunately, that is not what he has duces national savings, leading to high- fore the Senator from North Carolina. I planned. He wants to spend every dol- er interest rates, more borrowing from listened to Senator BOXER talk about lar. His budget leads to an additional, abroad, and less domestic investment, the importance of this Transportation as I said before, $11 trillion increase in which, in turn, would lower income bill, this highway bill, which I under- debt—national debt—over the next 10 growth in our country. score. years. Debt held by the public in- This will hurt the lower and middle This week we have seen movement on creases from 74 percent of our economy class the most. The gains President extension of the payroll tax and tax today to 76 percent of our economy by Obama touts in his budget that he is cuts and unemployment benefits, two the year 2022, at the end of this 10-year delivering to the middle class will be very important things—with the doc- budget window. dwarfed by the loss of economic activ- tors fix too—very important things to We have to compare that to the his- ity caused by deficits and debt. keep our economy moving. It made me toric average since World War II, and This is not a serious document. It is think back what has happened in the that was just 43 percent, compared to a political document. As evidence of last couple of years. where it is right now: 74.2 percent, how out of touch this budget is, few of In 2009, when Senator Obama became going up to 76 percent. my Democratic colleagues have even President Obama, we were losing If people believe President Obama is acknowledged President Obama sub- 800,000 jobs a month in the United putting us on a path to fiscal sustain- mitted a budget, much less defend it. States. We know what was happening, ability by taxing increases, I would I hope the Senate will have an oppor- especially to manufacturing and espe- suggest they look at the annual defi- tunity to debate and vote upon Presi- cially in States such as the Presiding cits over the next 10 years. These defi- dent Obama’s budget. Last year, we Officer’s, North Carolina, and my State cits never drop below $575 billion, and had such a vote. Last year, the Presi- of Ohio. In fact, we had for 12 years—

VerDate Mar 15 2010 01:32 Feb 17, 2012 Jkt 019060 PO 00000 Frm 00019 Fmt 4624 Sfmt 0634 E:\CR\FM\G16FE6.036 S16FEPT1 pwalker on DSK7TPTVN1PROD with SENATE S824 CONGRESSIONAL RECORD — SENATE February 16, 2012 every single year for 12 years—from the U.S. companies bought $1 billion in who run this company. They were 1997 to 2009, we had lost manufacturing Chinese-made auto parts more than we about to make a million-dollar sale. jobs every single year in Ohio and in sold to China—auto parts made in this All of a sudden the Chinese competitor the United States. country. We had a $1 billion deficit in came in, with that 25-percent bonus But after President Obama took of- auto parts. Today, that deficit is about that they get because China games and fice, we passed the Recovery Act, we 800 percent bigger than that. It is cheats on the currency system, and did some other things, the health care around $10 billion, that auto parts they were underpriced by 20 percent. bill, all of that. We have begun to see, trade deficit. So the point of that is if So that clearly does not work. month after month after month, job we can turn that around, if we can That is why I said that to the Vice growth. Not job growth that we want force the Chinese to play fair and stand President of China about the impor- yet, not the kind of strong job growth up and practice trade according to our tance of currency. That is why the we want. But for 21, 22 consecutive national interests, not according to House of Representatives needs to pass months we have seen more manufac- some economic textbook that is 20 my legislation. It will mean we can turing jobs than the month before, in- years out of print, if we can do that, it keep this recovery going. The 21 cluding my State of Ohio—more manu- will mean way more American jobs months in a row of manufacturing job facturing jobs every single month than making auto components in steel, in growth, coupled with the extension of the preceding month for 20, 21, 22 rubber, and all of those things that go the payroll tax cut, coupled with the months in a row. into the creation of an automobile, the extension of unemployment benefits, Why is that? There are a lot of rea- assembly of an automobile and a truck. coupled with the Transportation bill, sons. No. 1 is we have begun to put the Yesterday, 100 feet from here, a group the highway bill that Senator BOXER economy on track—no longer losing of us met with the Vice President of and Senator INHOFE bipartisanly are 800,000 jobs a month; instead, gaining China, who will soon be the leader of working on, coupled with standing up manufacturing jobs every month. that country, people who know China to the Chinese on trade enforcement The auto rescue has made a huge dif- well predict. I asked him a question and on this currency bill, will mean we ference in States such as Ohio, but about that, that China does not play are going to get this recovery, we are really across the country as we have fair, they do not play fair on currency, going to sustain it, we are going to seen manufacturing take off. they do not play fair when it comes to grow it. It is going to mean significant Coming out of every recession, what subsidizing energy and water and cap- new jobs in my State of Ohio and leads out of the recession? Typically it ital and land. Of course, he deflected across the country. is the auto industry. And in the Mid- the question. He did not answer. I did I yield the floor and suggest the ab- west and throughout the country, peo- not expect him to. But I wanted him to sence of a quorum. The PRESIDING OFFICER. The ple are making cars, they are buying know as eight or nine of us were sitting clerk will call the roll. cars, all the economic activities gen- around the table, I was the only one erated from making a car and buying a The legislative clerk proceeded to who directly brought up the issue of call the roll. car and running a car. jobs and this economic relationship, Mr. MANCHIN. Madam President, I One of the untold stories, in Toledo, leveling the playing field. ask unanimous consent the order for OH, in northwest Ohio, near the Michi- But that is why it is so important the quorum call be rescinded. gan border, the Jeep plant, the Chrys- that the House of Representatives pass The PRESIDING OFFICER (Mrs. ler-Jeep plant—Chrysler, a company my China currency bill. This is legisla- MCCASKILL). Without objection, it is so that was saved by the auto rescue. tion the Senator from North Carolina, ordered. They went into bankruptcy. The re- Mrs. HAGAN, has cosponsored. It is leg- FISCAL RESPONSIBILITY structuring and the financing by U.S. islation that LINDSEY GRAHAM from Mr. MANCHIN. Madam President, I taxpayers got that company back on South Carolina, a Republican, has co- rise today to speak about the dire fi- its feet, back into business making sponsored. It is legislation that CHUCK nances of this great Nation and the cars. But prior to the auto rescue in SCHUMER of New York, a Democrat, has policies and laws of this government 2008, the Jeep plant in Toledo—only 50 cosponsored, along with OLYMPIA that are only weakening our fiscal percent of the products going into a SNOWE, a Republican from Maine, and standing for future generations. Jeep, the components assembled in To- DEBBIE STABENOW, a Democrat from A year ago, I was in a Senate Armed ledo, only 50 percent were American Michigan, and Senator SESSIONS, a Re- Services Committee meeting and then- made. Do you know what happened publican from Alabama, all of us who Chairman of the Joint Chiefs of Staff after the auto rescue? Now 75 percent have come together. ADM Mike Mullen was asked: What is of those products are American made, My currency bill was the largest bi- the greatest threat to our Nation and those components. That is exactly the partisan jobs bill that the Senate our national security? I would have point. Because it is not just the compa- passed in 2011. Unfortunately, Speaker thought he would have said terrorism, nies you hear about—Honda has a big BOEHNER in the House of Representa- the terrorists, al-Qaida, North Africa, operation in Ohio, Chrysler, GM, Ford, tives is blocking it. It is important could have been Iran, it could have all big operations in Ohio, all expand- that he move on that. It will have a been another rising military power, but ing, all investing—just in the last 6 strong bipartisan vote out of the House he didn’t hesitate in responding that months, each of those four companies of Representatives, as it did—far in ex- the national debt is the greatest threat has announced major investment dol- cess of 60 votes in the Senate. to our country. lars going into Ohio operations. It works like this, briefly: With That was one of the most sobering It is not just those auto plants, it is China cheating on currency, it means moments I have experienced since be- the supply chain. So if a Chrysler Jeep that a product made in Cleveland, OH, coming a Senator. I thought more peo- is made out of 75-percent American and sold in Wuhan, China has a min- ple would hear what he said and take parts rather than 50-percent American imum 25 percent—some former Reagan this situation more seriously, but parts, think of the jobs that creates: administration officials say 40 or 50 things have only gotten worse since tires, steering wheels, blocks, trans- percent—but at least a 25-percent cur- then. Our debt ceiling is at a record missions, the engine, the fenders, all of rency tariff or tax, that every one of here, $16.4 trillion. By 2022, according the steel, all of the electronics, all of our products is taxed that way. That to the President’s newly proposed the products that go into those auto- cost is added to it when it is sold in budget, we will be $25.9 trillion in debt. mobiles and trucks. That is in many China. That means every man, woman, and ways the untold story. Conversely, if the Chinese make child will be responsible for more than The problem, though, with that is we something and sell it into Akron or $79,000 of debt. Our children and grand- are still seeing China, the People’s Re- Lima or Mansfield, OH, that product is children will be paying more in inter- public of China, Communist China, 25 percent less expensive, which means est on that debt than we spend on edu- cheating when it comes to auto parts. that American companies cannot com- cation, energy, and defense—combined. The auto parts trade deficit a decade pete. There was a company in Bruns- Our elected leaders should be negoti- ago was about $1 billion, meaning that wick. I was talking to two brothers ating solutions but instead everyone is

VerDate Mar 15 2010 01:32 Feb 17, 2012 Jkt 019060 PO 00000 Frm 00020 Fmt 4624 Sfmt 0634 E:\CR\FM\G16FE6.038 S16FEPT1 pwalker on DSK7TPTVN1PROD with SENATE February 16, 2012 CONGRESSIONAL RECORD — SENATE S825 cooking up short-term Band-Aids that Standing here, I tell my Democratic doesn’t make any sense. Just what ex- create long-term obligations that will friends that we must face the truth actly will continuing this policy do to take years for future generations to that the very programs we care so the long-term solvency of Social Secu- repay. They are trying to figure out dearly about and fight so hard for will rity? The answer is very simple: It will how to point fingers at the other side. be destroyed unless we do something be a disaster. There is not a person in West Vir- about this exploding debt. Standing The so-called experts will tell you ginia who can understand why politics here, I also tell my Republican friends that everything will be right because is trumping our future fiscal stability. that they too must face the truth or we will backfill those contributions I don’t think there is a person in Amer- not only will the programs they care with revenue from the general fund. ica who understands why in Wash- about be destroyed, they may be forced Let me remind you that this is the ington we cannot come together on a to one day support a massive tax in- fourth straight year the general fund long-term fix to the problems we have. crease to simply keep this country sol- has operated with a deficit of more And for the life of me, I cannot imagine vent. Both scenarios are unacceptable than $4 trillion. That has never hap- why our elected leaders from both sides and preventable. pened in the life of this great country. of the aisle continue to play political There is a commonsense solution to We have accumulated $15.36 trillion of football with our spending, our debt, our Nation’s dire fiscal woes within our debt as of today, and the President just and our children’s future. This isn’t grasp. We already have a template with allowed that to grow to $16.4 trillion how we reach a solution. substantial bipartisan support, split with a new debt ceiling. These are the When I was Governor of the State of evenly between Democrats and Repub- same experts who tell us we can bal- West Virginia, I didn’t blame previous licans in both the House and the Sen- ance a budget if we simply ignore the administrations for our problems. I ate, that gives us a starting point with fundamentals of math. Does that make took the responsibility for fixing them. which to move forward. As I have said sense? And I didn’t come here to blame any- before, the Bowles-Simpson framework When this body votes on whether to one for our problems either. I came might not be perfect, but it has more extend the so-called payroll tax cut or, here to fix them. I didn’t come here to support from both sides of the aisle as it should be more accurately de- put the next generation into more than anything else I have seen since I scribed, the defunding of Social Secu- debt; I came here to get them out of it. came here. Not only that, it withstood rity’s revenue stream, I cannot in good I came here to serve my State and the test of time better than any other conscience vote to undermine Social Washington because my parents and proposal I have seen. It is a framework Security. I have taken this position be- grandparents left me a country that that cuts trillions from our debt, cause at the end of the day the people was in very sound fiscal shape and I makes our tax system more fair, and of West Virginia and this Nation must want to do the same for the next gen- raises revenue without raising tax be told the truth, which is why the eration. I came here because in West rates. The only problem is that our budget proposal the President offered Virginia, even during a recession, we country’s leaders from both parties this week is so disappointing and mad- lived within our means and had a sur- won’t move forward with the rec- dening. plus every year that I was Governor. ommendations of the Bowles-Simpson Let’s be clear. Both Republicans and The people of my State are proud of Commission. So instead of real solu- Democrats are responsible for our what our little State accomplished, tions where we choose our priorities budget problems. Everybody is respon- and I know Americans can again feel based on our values, we see political sible for where we are today. In fair- that same pride in this great Nation of proposals that will only send this coun- ness, this administration inherited a ours. I know we can put our fiscal try further into a death spiral of debt. tremendous debt, falling revenues, and house back in order. Take for example the fact that this a terrible economy. Everyone was at I had those priorities in mind when I body will soon debate extending the so- fault, and the public spoke loudly and looked at the President’s proposed called payroll tax cut for the remain- clearly. They changed things with the budget, the projected deficits, the ac- der of this year, 10 more months. Let’s 2008 election, and they said: Fix it. But cumulated debt over the next decade call that what it really is: It truly is we haven’t done it, and this budget and wondered, what in the world are we cutting funding to Social Security. doesn’t do it either. doing? This budget claims to be bal- This Congress has voted twice since I If we are going to address our fiscal anced, but only if we don’t count the have been here to tell Americans that nightmare and stop digging a deeper exploding interest we must pay on our they don’t have to pay their share as debt hole, we must have meaningful ever-increasing debt. Including inter- far as their obligation to Social Secu- tax reform that not only ensures that est, there is not a single year that this rity. I voted for the idea the first time everybody pays their fair share but budget is balanced. At the end of the around because I thought, as it was that also strengthens our economy and decade, this budget puts an additional proposed to me, it might create jobs or creates jobs—good jobs. Instead, this $6.7 trillion more on the debt. And I save jobs. But I don’t think we have budget is not balanced even once. Over would ask anybody, how does that seen much evidence that that hap- the next decade, it would actually add make sense? pened, so I decided to stop throwing an additional $6.7 trillion more debt on This is not the first time I have good money after bad and stop jeopard- top of the $16.4 trillion debt ceiling we shared my concerns about this country izing Social Security. But, as I warned have now that the President just au- going down the wrong fiscal track, and this fall, along with my dear friend thorized. That is more than $23 trillion I can already hear some folks saying: Senator MARK KIRK, whom all of our of debt by 2022. That is simply Oh, there goes JOE MANCHIN again prayers are with, now we are talking unsustainable. blaming President Obama. Well, let me about extending this policy indefi- This proposed budget relies too much tell you, I am a proud Democrat, but I nitely because once something like on phantom accounting from so-called am a proud West Virginian and Amer- this is enacted, even an act of Congress war savings from a war that should ican first, and I will stand and speak can’t reverse it. It might take an act of have been over when its purpose my mind whether our President is a God to reverse it. changed to what I call nation building. Democrat or Republican. I am trying I know going back home and saying In terms of energy investment—one to be as understanding and respectful we voted for tax cuts is popular. Every- area that business and labor both be- as possible in my critique, but what we one wants to be popular in this arena. lieve is critical to not only creating are doing doesn’t make any sense at all But this is not a tax cut, this is a So- more jobs but keeping the good jobs we to me, and I certainly cannot in good cial Security cut, plain and simple, and have—this administration continues to conscience tell the people of West Vir- you cannot make it look any different. pick winners and losers. Take the role ginia any differently. And if we don’t Knowing that we are adding 10,000 of coal, for example. As I just pointed do anything to address this fiscal mess, beneficiaries turning 65 years of age out in the Energy and Natural Re- the priorities of both Democrats and every day—and when you look at last sources Committee, the administra- Republicans will face the con- year, Social Security was the first time tion’s own Department of Energy fore- sequences. we paid out more than we took in—it casts that coal will play a major role in

VerDate Mar 15 2010 01:32 Feb 17, 2012 Jkt 019060 PO 00000 Frm 00021 Fmt 4624 Sfmt 0634 E:\CR\FM\G16FE6.040 S16FEPT1 pwalker on DSK7TPTVN1PROD with SENATE S826 CONGRESSIONAL RECORD — SENATE February 16, 2012 the energy portfolio well into the com- The legislative clerk proceeded to Right now this vital artery is badly ing decades, up through 2035. But this call the roll. clogged. Every day 100,000 cars travel budget slashes funding for the research Mrs. SHAHEEN. Mr. President, I ask on a road designed for 60,000. This con- that would allow us to use coal more unanimous consent that the order for gestion wastes time and wastes money. efficiently and cleanly with environ- the quorum call be rescinded. Crowding so many vehicles on Inter- mental standards for which we must be The PRESIDING OFFICER (Mr. state 93 is not only an inconvenience to responsible. This doesn’t make sense, SANDERS). Without objection, it is so the thousands who use it every day, and it puts the livelihoods of an awful ordered. but it also compromises the safety of lot of West Virginians and Americans Mrs. SHAHEEN. Mr. President, we drivers traveling at regular highway in jeopardy. Those priorities defy com- voted 85 to 11 to start work on the speed in heavy traffic. mon sense, especially when millions of highway bill, which is an essential The Interstate 93 project was budg- people rely on coal for their jobs and piece of legislation to reauthorize our eted and planned based on the idea that the affordable, reliable electricity it highway and transit programs. the Federal Government would provide Eight hundred sixty-eight days have produces. a consistent level of funding. But the We are spending more where we don’t passed since our last Federal Transpor- uncertainty created by the lack of a tation bill expired. If you cannot do the need to and less where we do. We are long-term highway bill has made the math very fast, just to put a little extending programs that do not work project difficult to finance. Right now more emphasis on that, that is 2 years, and going into debt to pay for them, New Hampshire transportation officials 4 months, and 18 days since the last and then we wonder why this great Na- have $115 million worth of bonding for Federal Transportation bill expired. tion faces such a dire fiscal future. So We need new legislation to help this project that is sitting on the side- if and when the President’s budget pro- streamline Federal programs, spur job lines until the Federal Government posal comes up for a vote, I simply can- creation, and move our transportation makes good on its commitment. We not support it. As always, though, I system into the 21st century. need to move these Federal funds off will continue to work diligently with This Transportation bill before us is the sidelines and get this project going. my colleagues on both sides of the aisle about infrastructure. We call it infra- Laura Scott, who is the economic de- to push for a more commonsense fiscal structure because ‘‘infra’’ means velopment director for the town of approach based on the bipartisan ‘‘below.’’ So it is the foundation be- Windham, near the Massachusetts bor- Bowles-Simpson template so we can fi- neath everything else on which our civ- der, summed it up best: nally and responsibly address the fiscal ilized country is built. As we think The I–93 project is critical to the future problems our Nation and our families about the buildings and operating our economic vitality of Windham and all of face. I urge the President and my col- municipalities and our States and our southern New Hampshire. Our businesses leagues to do the same. want it, our citizens want it, and we need to Federal Government, our country, it is get it done. Madam President, allow me to close about making sure we have a sound in- by saying I do travel my State, like frastructure. The bill before us today can help most of my colleagues, and I am sure Our businesses, our workers, our complete this vital project and others you do in Missouri. I meet with my innovators, all of them rely on a sys- like it. We need to work on this bill in constituents, as you do also, and I can tem of quality infrastructure to suc- a bipartisan fashion just as it has come tell you what I find out from them. ceed. More funding for transportation out of the Environment and Public There are a lot of issues they are wor- in this bill means we can do critical Works Committee. There was strong ried about. There are some places roads and bridges, and we can do re- bipartisan support coming out of that where they disagree, but there is one pairs to the existing roads and bridges. committee. We need to set aside the issue that gets universal agreement It means we have more transit for partisanship now, the election year and brings everybody together when buses and railroads, and it means we comments, and come together to do they tell us, to a person, they are con- can put people back to work. More jobs what is right for our economy and our cerned that those of us in Washington for construction and manufacturing country. I hope in the end all of my are not listening to their cries to put workers, more jobs for workers means colleagues on both sides of the aisle the country ahead of our politics. They more consumer spending and a strong- will support that. urge all of us to stand and do what is er overall economy. I suggest the absence of a quorum. right for this country. The Federal Highway Administration The PRESIDING OFFICER. The We must not let selfish ambitions estimates that for every $1 we spend on clerk will call the roll. about the next election cloud what highways, that spending supports more The bill clerk proceeded to call the must be done for the Nation that I than 27,000 jobs. Economists at roll. know we all love. The challenge before Moody’s estimate that for every $1 we Mr. CORKER. Mr. President, I ask us is a simple one. Over the course of invest in infrastructure, our gross do- unanimous consent that the order for our history, this Nation has succeeded mestic product goes up by $1.59. That is the quorum call be rescinded. because our parents and grandparents because of the ripple effect those in- The PRESIDING OFFICER. Without left our country better off than what vestments have on our economy. objection, it is so ordered. they inherited from their parents and The bill before us would help create Mr. CORKER. Mr. President, I have grandparents. We cannot be the first about 1 million American jobs, many of come to the floor to talk about a topic generation to fail to leave the United them in the construction industry, I spoke a little bit about yesterday. States in better shape for the next gen- which has been one of the hardest hit I know all the focus right now is eration. I don’t want to be a part of by the recession. In New Hampshire, working on a solution to some of the that. I do not intend to stand by and the number of people who were work- things going on between the House and let a party or politics destroy the ing in the construction industry in 2010 the Senate. I know that is what people hopes of the next generation for this was the lowest it had been in a dec- are focused on today. I understand that great country, and I urge all of our ade—25 percent lower than it was in probably sometime tomorrow there congressional leaders and our Presi- 2006, 5 years ago. We need to pass this will be a vote on the highway bill, dent to put politics aside and realize bill to help put those people back to which is expected to fail, and then it is one simple fact: Whether we are Demo- work. my understanding there will be some crats or Republicans or Independents, One of the most important efforts we amendments brought forth to bring a we all belong to the same party, and have in New Hampshire right now is finance bill, an EPW bill, a commerce that party is called America, and we the long overdue and badly needed wid- bill, and a banking bill together that will rise or fall together. ening of Interstate 93, which is in the will actually be debated and, it is my I thank the Chair. southern part of New Hampshire. I–93 is sense, will ultimately pass, but that I yield the floor and suggest the ab- our State’s most important highway. It after the recess is over we will come sence of a quorum. connects New Hampshire citizens to back and deal with that. The PRESIDING OFFICER. The their jobs, businesses to global mar- I wish to speak to that topic now. I clerk will call the roll. kets, and communities to each other. know I am beginning to sound a little

VerDate Mar 15 2010 01:32 Feb 17, 2012 Jkt 019060 PO 00000 Frm 00022 Fmt 4624 Sfmt 0634 E:\CR\FM\G16FE6.042 S16FEPT1 pwalker on DSK7TPTVN1PROD with SENATE February 16, 2012 CONGRESSIONAL RECORD — SENATE S827 bit like a broken record on this, but we Back in 1997, we passed a bill here— nance Committee will come up with a have had so many people down here on I wasn’t here at the time—that basi- different package that actually either both sides of the aisle who have actu- cally created a mechanism for paying pays for this bill by offering funding ally worked together, for a year and a physicians who dealt with seniors, and formulas—which, by the way, is just half after the Bowles-Simpson report the formula was flawed. So what we math, it is not very difficult—or where came out, on long-term deficit reduc- have done every 18 months or every we spend the amount of money that is tion, progrowth tax reform, and enti- year is cause the medical community actually coming in. tlement reform, and there seems to be to be panicked and seniors to be pan- I will say that if we spent just the a real seriousness about that issue. I icked over whether this is going to be base moneys that are coming in, States think all those who have signed letters extended because the sustainable such as Vermont and Tennessee and in support of it were very sincere. Yet growth rate, as it was put forth, was other places have the ability, if they I think what we are finding with this going to call for huge reductions in choose, to generate gasoline taxes in highway bill, in spite of the changes payments to physicians. their own States and do things with that are likely to take place with the We are actually dealing with that road money. Candidly, the way this finance component, is that what we are right now. It is one of the issues we are program works, I think most people ending up with is a situation where we trying to work out with the House. know that citizens send up $1 and they have 2 years’ worth of spending that is What we did was to create a cliff. So get back 98 cents. So it actually could taking place and we are using 10 years’ every time we deal with this issue it be a more efficient way for this to worth of pay-fors. gets more and more difficult to deal work than sending it up to us and let- I can tell you there is no one in this with it because we will not just sit ting us get our hands on part of the body who likes infrastructure more down and do the long-term reforms on money and figuring out what we are than me or has spent more time on the that one component that need to hap- going to do with it. back of a paving machine or on a pen. We keep taking from Peter to pay I do believe this is one of the most ir- screed. Those are the kind of things I Paul. We keep wrestling with this issue responsible things we can do, especially love to see happening. I know they cre- but we will not deal with it. when there may have been some criti- ate jobs and tremendous economic What we are getting ready to do with cisms over the President’s budget. I growth over the long haul. But I know the highway bill is basically inject that haven’t heard a lot of people speak on the Presiding Officer remembers the same poisonous formula into the high- it because I don’t think it has been debate we had for a long time in this way bill. What we are getting ready to taken up as a document that we will body over health care, and I know he do is to pass a highway bill that will debate on this floor in a real way. But remembers the tremendous discussions fund highways through 2013, but at the it is difficult to criticize the Presi- that took place on the floor over the fi- end of that period of time we will have dent’s budget. I know the vote on last nancing mechanisms. I don’t think the same kind of cliff that we deal with year’s budget was 97 to 0 against it. there is any question that people on regarding the SGR. We will have a $10 But it is very difficult for people on ei- my side of the aisle railed strongly—I billion shortfall, instead of just dealing ther side of the aisle to criticize the might say as they should have—over with a funding formula. If we don’t President’s budget if, in fact, there is a the fact we had a pay-for formula think we are spending enough on infra- large bipartisan desire to pass a high- where basically we were spending structure and people want to offer that way bill that does exactly the same money over a 6-year period and paying in some way, now is the time to do it. thing. for it over 10. Otherwise, if people don’t want to go I hope the Finance Committee will Ultimately, the bill passed, but there into a deficit situation, what we ought meet again and come up with a solu- was tremendous divide in this body to do is spend the amount of money tion to this. It is not urgent. We have over mostly just the budget gimmickry that is coming in. a recess period that is coming up. Sure- that took place. Yet what I see getting But it feels to me as if we are getting ly, this Congress, this Senate, can show ready to happen, in a large bipartisan ready, in a very bipartisan way, when the ability to deal with an issue such way, is we are going to vote for a high- we get back from recess, to show the as this, which, again, is so simple, and way bill, possibly—I am not going to do country it is ridiculous to think this demonstrate to the American people, that—that spends money over a 2-year Congress will deal with the kind of rein a bipartisan way, that we have the period and recoups it over 10. forms to Medicare to make it solvent, ability to begin looking at these pro- I am actually stunned by this. We to do the kinds of things we need to do grams that are so important to people talk about all the things we need to do with Social Security—both of which across our country in a way that in this body regarding Medicare and are more complex—because this Con- doesn’t take us down the fiscal tube. how we need to focus on reforms that gress will not even deal with this little I thank the Chair for listening. I make sure seniors in Vermont and sen- program. It is a very important pro- know it is tough when there is not iors in Tennessee have these programs gram, very important to my State and much happening down here. down the road, and we talk about Medi- I am sure to Vermont. But we will not I yield the floor, and I suggest the ab- care in the same light. I think all of us even deal with the reforms to it, in this sence of a quorum. want to make sure Social Security is time of great concern about our fiscal The PRESIDING OFFICER. The here for future generations—for these situation. clerk will call the roll. young people in front of us. All of us Again, I strongly support infrastruc- The legislative clerk proceeded to know we have to figure out a way to ture funding. But I think what we will call the roll. solve that problem. The highway bill is show the country, if we pass a bill like Mr. BEGICH. Mr. President, I ask simple. It is just math. It is unlike this, in a strong bipartisan way, is that unanimous consent that the order for Medicare, it is unlike Medicaid, and it there is very little hope Congress will the quorum call be rescinded. is unlike so many of the things we deal ever deal with the more complex issues The PRESIDING OFFICER. Without with around here that are so complex that challenge this country and which objection, it is so ordered. to get it just right. We have a highway cause many seniors in our country to ELIZABETH PERATROVICH DAY bill that is not complicated. It is just be concerned, which cause taxpayers to Mr. BEGICH. Mr. President, I rise math. There aren’t all kinds of moving be very concerned, and certainly cause today to recognize a great civil rights parts, as far as people providing health future generations to wonder whether leader in Alaska and to join all Alas- care and the incentives that are in this body is ever going to deal with the kans in celebrating Elizabeth place. But it feels to me like what we issues they know will haunt them down Peratrovich Day. are getting ready to do as a body—and the road. Almost 25 years ago, the Alaska I hope this is not the case—is to pass a I came down to speak on this. I have State legislature designated today as highway bill where we are going to do done it daily in the lunch meetings we Elizabeth Peratrovich Day to com- exactly what we have done with the have with our own side. I just hope memorate the signing of the Alaska sustainable growth rate for physicians that sometime over the recess period, Anti-Discrimination Act of 1945, and to in Medicare. prior to coming to the floor, the Fi- honor Ms. Peratrovich.

VerDate Mar 15 2010 01:32 Feb 17, 2012 Jkt 019060 PO 00000 Frm 00023 Fmt 4624 Sfmt 0634 E:\CR\FM\G16FE6.046 S16FEPT1 pwalker on DSK7TPTVN1PROD with SENATE S828 CONGRESSIONAL RECORD — SENATE February 16, 2012 Elizabeth Peratrovich is a Tlingit civilization behind them, of our Bill of throughout his recent personal difficul- Alaska Native who fought for equal Rights. ties have been an inspiration to all, rights for all Alaskans long before her She then recounted her experiences and his fighting spirit will be missed now famous address to the Alaska leg- with discrimination—how she and her once he leaves our legislature. His ex- islature. She was grand president of husband had not been allowed to lease emplary work ethic is something to the Alaska Native Sisterhood and a house in a White neighborhood; how which we should all aspire. fought against the very public dis- she was prohibited from enrolling her He was born into a family of nine crimination taking place against the children in the same schools as every- children, the son of a sheepherder in first people of Alaska. one else, the schools for which she paid the small town of Nambe in northern In many places in southeast Alaska a school tax. She talked about the em- New Mexico. In 1957 he began working just 60 years ago, public signs read: No barrassment her children felt when as an ironworker at Los Alamos Na- Dogs, No Natives or Filipinos. Others they were not allowed to sit with their tional Laboratory. It was from these simply said: No Natives Allowed. friends in the theater. experiences that he learned the impor- There were separate drinking foun- Following Elizabeth Peratrovich’s tance of always striving to do better, tains and separate doors in public speech, the senate exploded in ap- to do more, not only for his family but buildings. As Tlingits, the Peratrovichs plause. Her plea had been effective. The for his community and for his beloved could only purchase property in Native opposition that had been so absolute State. In 1970 he began his extraor- neighborhoods, could only be seated in shrank to a mere whisper. dinary public service when he was segregated portions of the theater, and On February 8, 1945—again, I under- elected to Santa Fe’s County Commis- could only send their children to mis- line the date, thinking of our national sion. He aspired to have a wider im- sionary schools—not the public schools history—on February 8, 1945, a bill to pact, and he ran for the New Mexico for which they paid a school tax. In the end discrimination in Alaska passed House of Representatives in 1975. After face of this discrimination, Ms. the senate by a vote of 11 to 5. Eliza- nearly a quarter of a century in the house, he was elected by his colleagues Peratrovich demonstrated courage in beth Peratrovich had been instru- her convictions—a courage which as the speaker of the house in 2001. mental in making Alaska the first or- His devotion is a characteristic that changed the course of civil rights ganized government under the U.S. flag is reflected in all aspects of his life, treatment for Alaska Natives. to condemn discrimination. public and private. He and his wife Car- In 1941, Elizabeth and her husband Today in Alaska we celebrate Eliza- men have been married for 52 years. Roy wrote a joint letter to Territorial beth Peratrovich Day and affirm our His children—Shirley, Jackie, Jerome, Governor Ernest Gruening about their beliefs in equality. With each passing and BEN RAY—are a testament to the concerns. In part, they wrote: year we move closer to truly realizing values with which they were raised. In My attention has been called to a business the quote that all men are created fact, we are fortunate to have his son establishment . . . which has a sign on the equal and all are endowed with certain BEN RAY as a Member of the U.S. door which reads, ‘‘No Natives Allowed.’’ In unalienable rights. view of the present emergency when unity is House of Representatives representing Thank you for allowing me to em- the Third District of New Mexico. Tom being stressed, don’t you think that it is brace the memory of one woman who very un-American? and I have had the good fortune to We have always contended that we are en- fought for those fundamental prin- serve with BEN RAY in the New Mexico titled to every benefit that is accorded our ciples, Alaskan Elizabeth Peratrovich. delegation, and he represents our State so-called White Brothers. We pay the re- I suggest the absence of a quorum. extremely well. quired taxes, taxes in some instances that we The PRESIDING OFFICER (Mrs. All of us whose lives have been en- feel are unjust, such as the School tax. Our SHAHEEN). The clerk will call the roll. riched by Ben Luja´ n’s work in Native people pay the school tax each year The assistant legislative clerk pro- bettering our State owe him a debt of to educate the White Children, yet they try ceeded to call the roll. gratitude for his service. His illness has to exclude our children from these schools. The PRESIDING OFFICER. The Sen- Although antidiscrimination legislation had not hindered his dedication and hard been floating around the territorial legisla- ator from New Mexico. work for our State, as he continued ture for years, it had not gained any trac- Mr. BINGAMAN. Madam President, I running the house of representatives in tion. ask unanimous consent that the our State throughout the current ses- Again, I want you to put your mind quorum call be rescinded. sion of our legislature, which is ex- in this time. This was the 1940s. Many The PRESIDING OFFICER. Without pected to end today. legislators believed Alaskan Natives objection, it is so ordered. I am joined with all New Mexicans were second-class citizens. Despite the TRIBUTE TO BEN LUJA´ N and Senator UDALL in extending my fact they paid taxes and bore arms in Mr. BINGAMAN. Madam President, I gratitude to the speaker for his ex- defense of this Nation, they were not come to the floor, along with my col- traordinary work for the people of New endowed with the same rights as oth- league Senator UDALL, to honor Ben Mexico. We are, indeed, fortunate to ers. Luja´ n, who is the longtime speaker of have had a man of his character serv- In 1945, however, hope emerged. Anti- the New Mexico House of Representa- ing our State in such an exemplary discrimination legislation had passed tives. After tirelessly representing Dis- way and in such an important position the Alaska statehouse but was stalled trict 46 in our State legislature for 37 for so many years. I thank the Chair. in the State senate. One senator made years—the last 12 years of that 37 years as speaker of the house—Ben is retir- I yield the floor. a speech stating that Natives had only The PRESIDING OFFICER. The Sen- ing. He is doing so to pursue his fight recently emerged from savagery and ator from New Mexico. were not fit for society. He argued that against lung cancer. I am certain he Mr. UDALL of New Mexico. Madam they had not had the experience of 5,000 will bring the same strength and tenac- President, I also rise today to join New years of civilization. ity and courage to that battle that he Mexico’s senior Senator, who has With great courage and composure has brought to every other endeavor he served New Mexico so well. It is a real and poise, Elizabeth Peratrovich con- has taken on throughout his life. honor to join Senator BINGAMAN in fronted the senator who had just belit- Throughout his long career, he has paying tribute to one of our great New tled her and her people. Not only was fought fiercely to ensure that the needs Mexico citizens, Speaker Ben Luja´ n. she a Native addressing the mostly of his fellow New Mexicans were being Ben, as Senator BINGAMAN said, is re- White Alaskan audience, she was also addressed. He has worked hard to im- tiring this month. He is an esteemed the first woman ever to address the prove the quality of New Mexico’s colleague of ours, and he is also our Alaska State senate. In a quiet, steady, school system. He has fought for the friend—a good friend at that. Indeed, but bold voice, Elizabeth Peratrovich rights of our workers, and he has Ben Lujan´ is a friend to all New Mexi- opened her testimony with the fol- worked hard at strengthening our cans. Ben recently said: lowing words: economy. Let us make our time on Earth . . . worth- I would not have expected that I, who am I know I speak for all of his col- while, and do what is right, and make a dif- barely out of savagery, would have to remind leagues in our State legislature when I ference for the children, our working fami- the gentlemen with 5,000 years of recorded say that his service and strength lies, and our elderly.

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Like everyone in that Overseas Service Ribbon, the NATO that grows ever more cynical, Ben room, I was deeply saddened at the Medal, the Combat Infantryman Badge, Luja´ n has always been the real deal. news of Ben’s illness, but that sorrow is the Weapons Qualification Badge, and Ben was born in 1935 in the small tempered by admiration—admiration the Overseas Service Bar. community of Nambe, NM, one of nine for Ben, for Carmen, for the entire Sergeant Ray knew the risks of children. His family, like so many, Luja´ n family and for the incredible Army service and faced them squarely struggled through the Great Depres- strength they have shown. He would without flinching. In fact, a reporter sion. He used to relate tales of his fa- not allow a terrible illness to distract imbedded with Sergeant Ray’s unit has ther as a sheepherder herding sheep from his duties as speaker of the house. written of how his patrol’s assignment from the Valley Grande to the Chama He remains steadfast in his services to on the day he was killed was to find in New Mexico. Ben still lives on the the people of New Mexico. Even while and deactivate explosives hidden by the property that has been in his family for undergoing chemotherapy, he contin- enemy in culverts under the main road three generations. ued to work as speaker. Even a dev- heading west from Kandahar con- Ben is that rare combination—hum- astating illness could not deter Ben necting to major cities such as Kabul. ble but tenacious in what he believes. Luja´ n from the job he had committed ‘‘People ask me if I regret letting He has never forgotten from where he to do, and his family supported him Adam join,’’ says his mother, Donna came, and he has always been a cham- every step of the way. That is honor, Ray. pion for the less fortunate among us. that is integrity, and that is courage. Well, I don’t. Adam died doing what he Even in his youth, Ben showed a re- None of us will ever forget Ben’s loved more than anything else in the world. markable talent for teamwork, for brave words the day last month when No, Adam did not go into this wanting to die playing by the rules, for just plain hard he said, ‘‘While this has taken a toll on for his country, but he was more than willing work, and for determination. me physically, it has not broken my to do it. I am so very honored to be his moth- He loves basketball. In high school he spirit, my will, my faith and my com- er and to tell everyone about him. was the captain of his high school var- mitment to New Mexico.’’ Adam Ray was born March 9, 1986, to sity basketball squad, and the gym- So to Ben, I want to say thank you. Jim and Donna Ray. When Adam was nasium where the Pojoaque Elks play Thank you for your service, thank you in the third grade, he went on a school today is named in his honor. Ben Luja´ n for your sacrifice, and thank you for field trip to a military museum. From has been leading teams ever since. your friendship. that moment on, he wanted to be a sol- He attended the College of Santa Fe As we celebrate this great son of New dier. but had to disenroll for lack of money. Mexico, I will close with these lines ‘‘He would play army with his little For the next couple of years, he sought from the poet, Lord Alfred Tennyson: toy solders in the bath tub,’’ remem- work wherever he could find it in Cali- Though much is taken, much abides, and bers Donna. fornia and in New Mexico, wherever he though we are not now that strength which He lined them up around the edge of the had to go to get a job. He understands in the old days moved earth and heaven, that tub and prepared for the attack of his dino- hard times. He knows what it is like to which we are, we are—one equal temper of saurs. At night, when I tucked him in his try to make ends meet. And in all of heroic hearts, made weak by time and fate, bed, I would have to pry the toy soldiers out his years of public service, a sense of but strong in will to strive, to seek, to find, of his clenched fist. justice and fair play has always been at and not to yield. Adam’s father Jim attended West his core. That, my friends, is Ben Luja´ n—to Point, and Adam wanted to follow in Ben worked as an iron man in Los Al- serve, to strive, and not to yield. his footsteps and also go there. How- amos. He joined the International As- It is a real honor to be on the floor ever, after the terrorist attacks of 9/11, sociation of Bridge, Structural, Orna- with Senator BINGAMAN to talk about Adam felt an urgency to serve his mental, and Reinforcing Iron Workers. our good friend Ben Luja´ n. country that could not wait, so he en- In 1959 Ben married his high school I yield the floor. tered military service in April of 2005 sweetheart, the love of his life, Car- Mr. BINGAMAN. I suggest the ab- and graduated basic combat training at men, his devoted partner for over half sence of a quorum. Fort Benning, GA. a century. They began a family that The assistant bill clerk proceeded to Adam then attended advanced indi- would grow to include four children: call the roll. vidual training at Fort Sam Houston, Shirley, Jackie, Jerome, and Congress- Mr. MCCONNELL. Madam President, TX, where he was trained as a patient man BEN RAY LUJA´ N. As Jeff said, we I ask unanimous consent that the order administrative specialist. His first de- are fortunate to have BEN RAY serving for the quorum call be rescinded. ployment was to Camp Casey, Korea. in our delegation, and we have worked The PRESIDING OFFICER. Without After 1 year in Korea, Adam reenlisted with him on many occasions on a daily objection, it is so ordered. and was transferred to an infantry basis. Ben began his extraordinary ca- HONORING OUR ARMED FORCES unit. By the time he was deployed to reer in public service when he was SERGEANT ADAM J. RAY Afghanistan, he was assigned to C elected to the Santa Fe County Com- Mr. MCCONNELL. Madam President, Company, 4th Battalion, 23rd Infantry mission in 1970. Four years later he was I have the sad and solemn task today Regiment, 2nd Infantry Division based elected to the New Mexico House of to speak of one brave and honorable out of Joint Base Lewis-McChord, WA. Representatives. After a quarter of a Kentuckian who was lost in the per- In early 2009, Adam was deployed to century of service in that body, he was formance of his duties while wearing Afghanistan. He visited his family elected speaker of the New Mexico his country’s uniform. SGT Adam J. while on leave in September of that House of Representatives. Ray of Louisville, KY, was killed on year and returned to Afghanistan in He has always called attention to the February 9, 2010, in Afghanistan when October. By Christmas, his family was needs of others and not to himself. Ben an improvised explosive device set by hearing less from him because he was is an inspiration not just to those who the enemy detonated near his patrol. preparing for a dangerous mission. aspire to a life of public service but He was 23 years old. ‘‘The Friday before he was killed, he also to a life of personal integrity. His For his heroic service, Sergeant Ray called about 2 a.m. our time—he al- word is his bond to his family and to received many medals, awards, and ways forgot about the time difference,’’ the people of New Mexico. His prin- decorations, including the Bronze Star Donna remembers. ‘‘He told me that ciples have illuminated his life and Medal, the Purple Heart, the Army his unit was moving and that I may not brightened the lives of all who know Commendation Medal, the Army hear from him for a while, and not to him. I count myself among that num- Achievement Medal, the Army Good worry.’’ ber. I am proud to call Ben Luja´ n my Conduct Medal, the National Defense A few days later came the fateful friend. Service Medal, the Afghanistan Cam- Tuesday that was February 9. Adam’s

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As I acknowledged at the son of a minister and a devoted moth- and the one that overhangs everything beginning of my comments, I believe er, a soccer player and a flirt, who tu- else we debate here—is our inability to extension of the payroll tax holiday tored dyslexic kids and was known to come to grips with our debt and deficit. makes sense in this recovery, but it ask less popular girls to dance at I know, as we try to nurture this just needs to be paid for. So I could school events, died.’’ growing recovery, one of the ways we have very easily supported a number of We are thinking of Sergeant Ray’s take on that debt and deficit is by hav- the proposals put forward by my col- loved ones today as I recount his story ing a growing economy. leagues on the Democratic side, includ- for my colleagues here in the Senate. But I also believe it is terribly impor- ing a 1-percent increase of the taxes on We are thinking of his parents Jim and tant that we show progress on this those of us who make more than $1 Donna Ray; his grandparents John and issue. Our national debt now exceeds million a year—a defined benefit for Doris Ray and Bobby and Marilyn $15 trillion. Every day that we fail to the defined pay-for. Sumner; his brothers Zachary and Seth act, we add $4 billion to that total. If we couldn’t breach the gap on that, Ray; his sisters Betsy and Amanda None of this becomes self-correcting. It I could have looked at means-testing Ray; his nephew Christopher Mitchem; will not correct itself until and unless the payroll tax holiday. and many other beloved family mem- we act. If we are trying to make sure these I, for one, believe there is no action bers and friends. dollars get into the economy as quick- this body could take that would be I know my colleagues join me in ex- ly as possible over this coming year, more stimulative to our economy, that tending the sincere and profound grati- then clearly a payroll tax holiday for would be a better jobs program, that tude of the Senate to the family of folks who make less than $150,000 a would do more to restore the trust of SGT Adam J. Ray. We have set aside year or $250,000 a year or $500,000 a year the business community and the public this moment to recognize his service, or $1 million or less a year—it didn’t than to show bipartisan collaboration service proudly and freely given, for make sense to say that regardless of and cooperation on a long-term debt the country he so loved. And we pay one’s income. This payroll tax holi- and deficit deal. So let me share with tribute to his supreme sacrifice. day—going to folks like me, who are my colleagues the five reasons I will be I suggest the absence of a quorum. doing pretty well—is not going to have voting against the conference report The PRESIDING OFFICER. The a stimulative effect, I just don’t think tomorrow. clerk will call the roll. First and foremost, the payroll tax economic theory bears that out. So if The bill clerk proceeded to call the cut that has been proposed isn’t being we had paid for this or put some re- roll. paid for. It will add $100 billion to the straints on it, I would have been happy Mr. WARNER. Mr. President, I ask debt. to support this conference report. unanimous consent that the order for Second, I think the compromise that The fourth reason I can’t support the the quorum call be rescinded. has been put together turns some of conference report is because I am con- The PRESIDING OFFICER (Mr. our traditional policies on their head. cerned this payroll tax holiday—which MANCHIN). Without objection, it is so By taking this action of saying tax goes into the Social Security trust ordered. cuts somehow don’t have to be paid for, fund, is supposed to end at the end of Mr. WARNER. Mr. President, I ask we are advancing a policy I believe will this year. But we have no metrics unanimous consent to speak for up to come back to haunt us later this year placed on it. It scares me greatly that 10 minutes as in morning business. when the Bush tax cuts expire. we will approach the end of the year The PRESIDING OFFICER. Without As a matter of fact, while I have only and there will be some other reason it objection, it is so ordered. been a Member of this body for 3 years, needs to be extended again. PAYROLL TAX CONFERENCE REPORT I know it has been a tradition that in I believe we should have put in place Mr. WARNER. Mr. President, let me moments of economic crisis, the Con- a requirement that this payroll tax rise today to speak about the congress will sometimes extend unemploy- holiday would start to ratchet back if ference report that it appears we will ment benefits, particularly for those we continued to see growth in the be voting on tomorrow regarding the States that have been hardest hit. In economy—perhaps ratcheted back one- issues of the payroll tax, unemploy- those moments of crisis, the unemploy- third if we had seen GDP growth for ment benefits, and the so-called doc ment benefits sometimes go unpaid for. the next 3 months or employment fix. Let me first of all acknowledge Well, in the compromise in this con- growth for the next 3 months, that I know that many of my col- ference report, we turn that policy on ratcheted back another one-third, leagues have worked long hours on the its head in that there was a require- ratcheted back another one-third—so payroll tax deal that was apparently ment to pay for the extension of unem- we wouldn’t have the cliff effect that is reached late last night. ployment benefits but no requirement being proposed at the end of the year, I have been briefed on pieces of this to pay for the $100 billion of additional again, a cliff effect that will come at deal and I’ve also seen many of the debt taken on by the payroll tax cut. the same time as the end of the Bush press reports that have described this I know in this body, as we have had tax cuts, the imposition of the so- deal as a new sign of bipartisanship. As debates about debt and deficits and ec- called $1.2 trillion sequester cuts, and a new Member of the Senate, I know, onomics, we have discussed the eco- the proverbial train wreck that is al- like the Presiding Officer, we believe nomic theories of a whole host of ready being talked about. that we do our best work here in Con- thinkers and economists—John May- So while I believe this payroll tax gress when we can have bipartisan so- nard Keynes, Frederick Von Hayek, holiday is important, the price, the lutions, when we can find ways to Milton Friedman, Paul Krugman. I fact we are not paying for it, the fact reach common ground. somehow feel as though this conference we have put no restrictions or param- All of those factors make it doubly report we will be voting on tomorrow eters around it and the fact that difficult for me to now rise and say I may reflect the thinking of a more ob- there’s no guarantee it will actually will be voting against the conference scure individual, but someone I recall expire because we have no metrics of report when it comes before this body as a child growing up, and that was how much economic progress we need tomorrow. Wimpy, who was a cartoon character— to have before it expires are reasons I Now, let me acknowledge on the Popeye’s hungry pal. Wimpy used to al- will be voting no. front end that I think there are worthy ways say, ‘‘I will gladly pay you Tues- Let me raise one other concern I reasons in this recovering economy we day for a hamburger today.’’ have about the conference report. This

VerDate Mar 15 2010 03:07 Feb 17, 2012 Jkt 019060 PO 00000 Frm 00026 Fmt 4624 Sfmt 0634 E:\CR\FM\G16FE6.054 S16FEPT1 pwalker on DSK7TPTVN1PROD with SENATE February 16, 2012 CONGRESSIONAL RECORD — SENATE S831 is one more example of particularly that is actually at a level that is high- For people here or elsewhere who our colleagues in the House saying the er than it was before we went into the think these jobs aren’t real in the wind first place they go for any pay-for for recession. industry, I brought some pictures. I any project seems to be our Federal Our productivity is higher today brought some pictures of a manufac- workers—the same Federal workers, than it has been at any time in the his- turing plant made in America—made in close to 2 million strong, who keep our tory of the United States of America. America—in this case, in Brighton, streets safe, make sure we get those It has become fashionable to talk CO—a manufacturing plant, the towers Social Security checks, try to take out about what has happened or not hap- from which wind turbines are going to terrorists, drug dealers, you name it. pened since the founding of our coun- be hung, driving electricity and jobs in They are the same Federal workers try. Since the founding of our country, the United States. So we are not talk- who have had their pay frozen for the our economy has never been more pro- ing about some fly-by-night, experi- last 2 years and who have had to en- ductive than it is today, and there are mental industry. This credit has trig- dure the prospects of two or three po- several reasons for that. Competition gered enormous economic growth in tential shutdowns over the last year from abroad that has become a daily Colorado and across the country. and a half. To say we are going to come occurrence—something we have to Congressman STEVE KING, a Repub- back to the well time after time on fight hard every day to stay ahead of— lican from Iowa, wrote today in an op- this group I don’t think is fair or right. has driven productivity. That is a good ed that he published that ‘‘the produc- As someone who has looked at the result. Technology has driven production tax credit has driven as much as Federal pay and benefits, when we get tivity. That is a good result. And the $20 billion in private investing.’’ This to that issue of a comprehensive tax re- recession itself drove productivity isn’t some Bolshevik trick, some So- straight up. As our business men and form, entitlement reform, big deficit cialist trick; it is $20 billion in private women of this country did what they deal, all these items will need to be reinvestment in real American manufac- had to do to get through this incred- viewed. But the notion the first place turing jobs. ibly tough economic time to keep their to come back to for any pay-for is our Wind power accounts for more than businesses alive, to keep their doors Federal employees, to me, doesn’t seem one-third of all new U.S. electric gen- open, to keep a promise to the next fair nor does it seem right. So for these eration in recent years. In Colorado generation of Americans, productivity five reasons, I will reluctantly be vot- alone, I can tell you it has created 6,000 went ever skyward. That is a good re- ing against the conference report to- jobs in my State. It has moved our sult. That is progress. And we are only morrow. I believe it was, again, in the State toward a more diversified and going to become more productive over cleaner energy portfolio, so that Colo- context of the debt and deficit particu- time as we face competitive threats rado today is a leader among the 50 larly, Will Rogers who said: When you from around the world. find yourself in a hole and you want to But we can see what else has hap- States in diversifying our portfolio. Let’s be clear. We have oil and we get out, stop digging. Well, in some pened over this period of time. Median small way, by voting no tomorrow, I family income has fallen over the last have coal and we have natural gas. We hope I will send a signal that I—and I decade for the first time in our coun- have abundant wind and abundant sun hope others will join me—will stop try’s history. The middle class is earn- and entrepreneurial horsepower all digging. ing less today in real dollars than in across the Front Range. What we don’t With that, Mr. President, I yield the the early 1990s. And, as the President have is Washington’s cooperation. floor, and I suggest the absence of a knows, we are producing this economic What we don’t have is the decency of quorum. output with 23 or 24 million people who people coming together and doing bet- The PRESIDING OFFICER. Will the today are unemployed or under- ter than just keeping the flickering Senator withhold his request for a employed in this economy. There are lights on in this place. quorum? no jobs for these Americans in this It is because they can’t get any cer- Mr. WARNER. I will. economy even though our output is as tainty out of Washington that devel- The PRESIDING OFFICER. The Sen- high as it was before we went into this opers and manufacturers are starting ator from Wyoming is recognized. recession. layoffs already in anticipation of the Mr. ENZI. I thank the Chair. There are a lot of people smarter credit expiring at the end of this year. (The remarks of Mr. ENZI pertaining than I am who could figure out the an- This is the result of nothing other than to the introduction of S.J. Res. 36 are swers to this, but there are at least two our political dysfunction in Wash- located in today’s RECORD under big ones we have to keep in mind. The ington. ‘‘Statements on Introduced Bills and first one is education because the worst Vestas, which has a huge manufac- Joint Resolutions.’’) the unemployment rate ever got for turing footprint in Colorado—from Mr. BENNET. Mr. President, I ask people with a college degree during Windsor all the way south to Pueblo— unanimous consent that the order for this recession was 4.5 percent. That is is poised to lay off 1,600 workers if we the quorum call be rescinded. the worst it got for people who had a fail to act. Iberdrola Renewables, also The PRESIDING OFFICER. Without college degree, who could compete in doing business in Colorado, has already objection, it is so ordered. the 21st century, even in the worst re- laid off 50 employees for no reason Mr. BENNET. Mr. President, I am cession since the Great Depression. other than our inability to get our here on the floor today to talk a little As I have said on the floor of this work done. Nationally, 37,000 jobs are bit about our economy and something Chamber that has 100 seats, 100 desks, at risk, not to mention the ones we that I think is very important that has if we were poor children living in the could have created after 2012 but won’t been left unaddressed in this payroll United States of America today, only 9 if we let this credit expire. tax compromise that I think is a real of these 100 seats would represent col- I brought a couple of other pictures tragedy for our country and for my lege graduates because 91 of 100 poor just to make sure people know this is State, the State of Colorado, and, most children in the United States in the distributed all over the United States. importantly, for people who are suf- 21st century cannot get access to a col- This is Pennsylvania and Texas. fering through this incredibly difficult lege degree. So that is job No. 1, to I know I sound like a broken record economy. keep a promise to the next generation when I say this because I have said it It is not well understood by people— of Americans. over and over on this floor, but we I think maybe even in this Chamber— I think job No. 2 needs to be driving should not be confused that the rest of that our country’s gross domestic prod- innovation and job growth in this econ- the world is somehow waiting for us to uct—the economic output of our coun- omy, which is what has brought me to get our act together, that they are try—is actually higher today than it the floor today because we are failing somehow waiting for us to cure our was before we went into this recession. in this package, among other things, to politics and do something that will ac- We saw it rising all the way in the 1990s extend the wind production tax credit tually solve those curves that I men- and 2000s, and then we had the worst which cuts right to the core of whether tioned earlier and put Americans back recession since the Great Depression. and how we want to compete in the 21st to work manufacturing in jobs that are Now we are seeing economic output century in this global economy. actually driving middle-class family

VerDate Mar 15 2010 03:07 Feb 17, 2012 Jkt 019060 PO 00000 Frm 00027 Fmt 4624 Sfmt 0634 E:\CR\FM\G16FE6.056 S16FEPT1 pwalker on DSK7TPTVN1PROD with SENATE S832 CONGRESSIONAL RECORD — SENATE February 16, 2012 income up, rather than down, which is CONGRESS OF THE UNITED STATES, CONGRESS OF THE UNITED STATES, what we are doing today. Washington, DC, February 7, 2012. Washington, DC, February 8, 2012. Hon. MAX BAUCUS, Hon. HARRY REID, Our largest single export from the Chairman, Senate Finance Committee, Dirksen Majority Leader, U.S. Senate, Washington, DC. United States of America is aircraft. Building, Washington, DC. Hon. MITCH MCCONNELL, We export $30 billion a year. China’s Hon. DAVE CAMP, Minority Leader, U.S. Senate, Washington, DC. export of solar panels last year was $15 Chairman, House Ways and Means Committee, Hon. Speaker JOHN BOEHNER, billion—half our largest single export. Longworth House Office Building, Wash- Majority Leader, House of Representatives, They didn’t export one solar panel 10 ington, DC. Washington, DC. Hon. NANCY PELOSI, years ago, and we invented the tech- DEAR CHAIRMAN BAUCUS AND CHAIRMAN Minority Leader, House of Representatives, CAMP: The undersigned Members of the Colo- nology here in the United States. In Washington, DC. rado delegation urgently request inclusion of fact, some of us believe we invented Hon. DAVID CAMP, that technology in the State of Colo- a provision to extend the wind energy pro- Chairman, Conference Committee on H.R. 3630, rado. I am sure the Chinese would love duction tax credit (PTC) as your conference House of Representatives, Washington, DC. to have this business as well. And my negotiates the payroll tax reduction pack- Hon. MAX BAUCUS, concern is not that this is a temporary age. In passing this extension, we would urge Co-Chairman, Conference Committee on H.R. interruption in our wind industry but the conference committee to include a pay 3630, U.S. Senate, Washington, DC. that this will become a permanent for as well. DEAR LEADER REID, LEADER MCCONNELL, SPEAKER BOEHNER, REPRESENTATIVE PELOSI, shutdown of our ability to drive eco- The PTC has been very effective in facili- REPRESENTATIVE CAMP, SENATOR BAUCUS, nomic growth across the United States. tating new market penetration of wind en- AND MEMBERS OF THE CONFERENCE COM- This is a perfect example of an indus- ergy and moving us toward a more diversi- MITTEE ON H.R. 3630: The undersigned Mem- try that can move this employment fied and cleaner energy portfolio. A delay in bers of the Iowa delegation respectfully urge level back up, an industry that we this extension would do enormous damage to you to include a short term Production Tax don’t have today, one that is in its in- that progress. Since its inception, the wind Credit (PTC) extension for wind energy as fancy but 50 years from now or 20 years PTC has driven economic growth across the part of any payroll tax cut extension you are currently negotiating. from now may be driving significant nation, including substantial growth in Colo- Our state and the whole nation have bene- employment growth across the United rado. Our state is a wind energy leader, cur- fited tremendously from the economic devel- States of America. This is an industry rently generating the third highest percent- opment, new manufacturing jobs, and in- that, by the way, would drive this age of power from wind of any state in the creased domestic energy supply that wind curve up as well. nation. Colorado is home to several major energy has provided. And the PIC has been a wind energy developers and wind turbine major factor behind this success. Iowa is now I met a young man in Logan County manufacturing facilities, employing upwards receiving 20% of our electricity from wind at not long ago. He was working—he was of 6,000 workers statewide. We’re also home stable and dependable rates. There are over giving me a tour on the top of a wind 215 wind related businesses operating in 55 to the National Renewable Energy Labora- turbine. I was standing on the very top counties across our state, employing over tory (NREL), a critical government lab and 5000 people. While Iowa has been a leader, we of the box. It was about 10,000 feet in the world’s premier renewable energy re- the air—or it felt that way to me. I was are seeing these results multiplying across search facility. the country. wearing the shoes I am wearing right Unless the wind PTC is renewed in the first However, with the PTC for wind due to ex- now on the floor of the Senate, which pire at the end of 2012, the expansion, jobs quarter of this year, new wind energy devel- is not what you should wear when you and manufacturing of the industry is put in opment projects and the thousands of jobs are on the top of a wind turbine, serious jeopardy—not just in Iowa, but swaying in the wind. He told me he associated with those projects are predicted across the country. We must provide some would be unable to live in his home to drop off precipitously after 2012. This dire certainty to allow this industry to keep situation will be especially pronounced in community and raise his family in his growing. If the PTC is not extended imme- Colorado, where we manufacture many of the home community if it had not been for diately, our communities back home stand components for wind turbines. Wind-related to lose thousands of jobs, manufacturing, in- that job, a job he could not even have manufacturing workers will be the first to frastructure and private investment. The imagined there being 5 years ago. And lose their jobs as developers stop ordering manufacturing workers, in particular, are there it is today. turbines for installation after the PTC ends. the first to lose their jobs as developers have already stopped ordering turbines for instal- These are high-quality, high-paying Companies with a footprint in Colorado have lation after 2012 because of uncertainty jobs in the United States of America. It already started layoffs and several thousand about the continuation of the credit. would seem to me the Congress ought Colorado jobs could be lost if the PTC isn’t Clearly, no energy incentive should be in to figure out a way to support these in- extended in the near future. place forever, but now is not the time to pull dustries. I actually do not believe any While the PTC is vital to the near-term fu- the rug out from under the wind energy in- of these kinds of credits should be per- ture of wind energy production in Colorado dustry, as it is putting in place the domestic manufacturing, the private investment and manent. I want to be clear about that. and across the nation, the credit should not the technological advancements that will I think we would be doing ourselves exist in perpetuity, particularly as the wind allow it to prosper without the PTC in the and the country a service if we de- industry matures. Following a prompt exten- signed them in a way that phased them near future. We appreciate your consider- sion, we believe that Congress should engage ation of our request to include language in out over time, because at a certain in a broader conversation about an incre- the upcoming payroll tax cut legislation to point every business has to sink or mental phase-down of the credit over the immediately extend the wind energy PTC. swim based on its merits. We are ‘‘this long-term. Sincerely, SENATOR TOM HARKIN. close’’ to being there with wind produc- In a difficult economy, with thousands of SENATOR CHARLES tion and we are ‘‘this close’’ to turning high-quality jobs at stake across our state it over to the rest of the world. GRASSLEY. and the entire country, we urge the Con- REPRESENTATIVE BRUCE This is not a partisan issue. This is ference Committee to extend the wind PTC BRALEY. not a partisan issue. Last week Repub- as part of your upcoming package. REPRESENTATIVE TOM licans and Democrats from the Colo- Sincerely, LATHAM. rado delegation came together in the MICHAEL F. BENNET. REPRESENTATIVE DAVE House and the Senate to urge a quick MARK UDALL. LOEBSACK. extension as part of the payroll deal. I DIANA DEGETTE. REPRESENTATIVE LEONARD BOSWELL. know my colleagues Senators HARKIN ED PERLMUTTER. JARED POLIS. REPRESENTATIVE STEVE and GRASSLEY did the same with the CORY GARDNER. KING. delegation from Iowa. SCOTT R. TIPTON. Mr. BENNET. As I recall, Senator I ask unanimous consent to have MIKE COFFMAN. GRASSLEY actually was the one who those letters printed in the RECORD. wrote this to begin with. We have also There being no objection, the mate- recently filed an amendment, a bipar- rial was ordered to be printed in the tisan, fully paid for, 1-year extension of RECORD, as follows: the credit to the surface transportation

VerDate Mar 15 2010 01:46 Feb 17, 2012 Jkt 019060 PO 00000 Frm 00028 Fmt 4624 Sfmt 0634 E:\CR\FM\G16FE6.058 S16FEPT1 pwalker on DSK7TPTVN1PROD with SENATE February 16, 2012 CONGRESSIONAL RECORD — SENATE S833 bill. I thank Senator MORAN, a Repub- the drawdown of military engagement arated powers our Founders put in lican from Kansas, for joining me to in Iraq and Afghanistan, can be appro- place to prevent tyranny and the mis- lead on that amendment. priately reallocated against accrued use of authority. There is plenty of support out there SGR debt that will not be collected. It is worth repeating that the con- for us to get this done. More important This would not constitute new spend- troversy surrounding the President’s than that, if we do not act, there are ing, but rather amount to a down pay- non-recess appointments has nothing thousands of people who are going to ment on an SGR fix. I urge conferees to to do with the personal character of have to go home to their families and give strong consideration to utilizing Mr. Cordray or of those named to the say they were laid off from their job for OCO funding to offset SGR’s retrospec- National Labor Relations Board. Nor is no reason other than the political dys- tive debt. It’s time that Congress use the debate over appointments when the function here in Washington, DC. honest budgeting and provide Penn- Senate is in recess. What the President I think enough is enough. I cannot sylvania’s 2.2 million Medicare bene- has done transcends party issues and tell you how much I look forward to a ficiaries and 155,776 employees of med- ideological divides. time when we have a thoughtful, bipar- ical practices, with some certainty. A day after the appointments were tisan, fact-based tax reform in this I yield the floor. made, former attorney general Edwin country; when we are thinking about The PRESIDING OFFICER. The Sen- Meese III and former Office of Legal our Tax Code and our regulatory code ator from Mississippi is recognized. Counsel lawyer Todd Gaziano wrote in and asking ourselves: Are we driving Mr. WICKER. Mr. President, are we the Washington Post that President job growth here in the United States in morning business or do I have to ask Obama’s move is ‘‘a constitutional with these policies? Are we driving up consent to speak as in morning busi- abuse of a high order.’’ It challenges middle-class family income with these ness? 225 years of executive practice. policies? Are we addressing the income The PRESIDING OFFICER. The Sen- The Constitution is very clear in its inequality gap by having an economy ate is on the bill. delegation of powers. It explicitly Mr. WICKER. I ask unanimous con- that truly does lift all ships and, as the grants the Senate the exclusive respon- sent to speak as in morning business. President would make the point, are The PRESIDING OFFICER. Without sibility to give ‘‘advice and consent’’ we dealing with the fiscal challenges objection, it is so ordered. on treaties and nominations. It endows this country faces so we do not strap the President with the right to fill va- RECESS APPOINTMENTS our kids with this mountain of debt? cancies when the Senate is not in ses- Mr. WICKER. Mr. President, I came I know there are people on both sides to the floor previously to speak about sion—a provision conceived by the of the aisle who are anxious to work on President Obama’s unconstitutional Framers as a way to keep the govern- this, but we have failed that test in appointments of Richard Cordray as ment operational when the ability of this compromise measure. It is my Director of the Consumer Financial Senators to communicate with the ex- hope that at some point in the near fu- Protection Bureau and of three new ecutive branch and travel back to the ture we can get a vote on this amend- members to the National Labor Rela- Capitol took much longer than today. ment, Senator MORAN’s amendment, tions Board. I spoke about why this Of course, it is disappointing that and we can put Americans back to blatant overstep of executive authority President Obama has dismissed the will work in these industries before we lose violates the President’s right to make of the Senate, which rejected Mr. them forever. recess appointments under article II, Cordray’s nomination in December. Mr. TOOMEY. Mr. President, I rise section 2 of the Constitution. I de- But never before has a President as- today to speak about an important re- scribed its unequivocal reversal of sumed the authority to issue recess ap- imbursement issue that impacts the years of precedent which the Obama pointments when the Senate is not in lives of millions of Medicare bene- Justice Department’s Office of Legal recess. In doing so, the President is ficiaries and providers. The sustainable Council has since defended, essentially violating the Constitution plain and growth rate, SGR, originally imple- stating that pro forma sessions no simple, and invalidating the legitimacy mented in 1997 through the Balanced longer matter. of his appointees. It stands to reason Budget Act, was intended to constrain This issue is far from over. We can- that any decisions of the CFPB or overall Medicare spending growth in not allow it simply to go away and the NLRB will be subject to the same physician services. However, since 2002, illegal appointments must eventually shroud of unconstitutionality and legal actual expenditures for physician serv- be set aside. contest. ices have exceeded allowed targets, The 23-page Justice Department The Constitution and nearly a cen- yielding negative updates in prospec- opinion, written by Assistant Attorney tury of legal opinion provide a solid tive years. As a result, Congress inter- General Virginia A. Seitz, wrongly ad- basis for determining the parameters of vened 13 times to preempt a physician vises that, despite the convening of pro what qualifies as a legislative ‘‘recess,’’ payment cut. In doing so, they failed to forma sessions, the President ‘‘has dis- which is required for the President to address the underlying issue and sus- cretion to conclude that the Senate is invoke his appointment privileges. tained a flawed reimbursement mecha- unavailable to perform its advise-and- Under Article section 5, clause 4 of nism. With each year that passes, the consent function and to exercise his the Constitution, the House of Rep- cost of ‘fixing’ the SGR grows, amount- power to make recess appointments.’’ resentatives must grant its consent in ing to an albatross of several hundred Under this misguided opinion, the order for the Senate to adjourn longer billion dollars. Consequently, on March Obama administration is suggesting than 3 days. The Senate must do the 1, 2012, Medicare physicians will face a that the executive branch—not Con- same for the House. 27.4 percent cut to their reimburse- gress—can determine when the legisla- It is an undisputed fact that the ment. Our budget baseline perpetuates tive branch is in session. The egregious House of Representatives did not give an illusory premise that these cuts will overreach undermines the checks and this chamber that consent and, in occur. However, it’s widely acknowl- balances at the very heart of our Con- keeping with the Constitution, this edged that if implemented, these cuts stitution. Senate did not adjourn for more than 3 would have a debilitative effect on I am deeply concerned that this pre- days. medical practices and Medicare bene- sumptuous action by the President The President’s claim that a brief ad- ficiaries. poses profound and dangerous implica- journment can be called a ‘‘recess’’ As Congress looks to yet again pre- tions. As others have suggested, Presi- goes against 90 years of legal opinion. empt a physician payment cut, I be- dent Obama’s abuse of his recess ap- In 1921, President Harding’s Attorney lieve it is imperative that we identify a pointment power could lead to unilat- General Harry M. Daugherty had this viable pathway to replacing the SGR. eral ‘‘recess’’ appointments anytime, to say about what defines a recess: We can begin by utilizing Overseas such as during lunch or in the middle ‘‘[N]o one, I venture to say, would for a Contingency Operations, OCO, funding of the night. This is not that far moment contend that the Senate is not to pay for the $195 billion in accrued fetched. in session when an adjournment [of two SGR retrospective debt. OCO funds, As I said before, it is my hope that days] is taken. Nor do I think an ad- deemed to be budgetary savings from both parties will rise to defend the sep- journment for 5 or even 10 days can be

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It will not be denied, that power is of an conference report that has been filed in by the Constitution.’’ encroaching nature, and that it ought to be regard to the extension of the payroll Since then, Attorneys General and effectually restrained from passing the lim- tax holiday, the Medicare physician Presidents of both parties have agreed its assigned to it. issues so our seniors can continue to that at least 10 days should pass before As elected public servants, we are have access to their doctors, and the a recess is acknowledged. bound by our oath of office to uphold extension of the unemployment insur- And yet, as we are aware, there were and preserve the principles of the Con- ance. not 10 days of adjournment when Presi- stitution. I was appointed to that conference, dent Obama made his four appoint- To do that, we must guard the sanc- and the conference has been meeting ments. We were holding pro forma ses- tity of the decisions made and privi- now for the better part of the last 6 to sions—proceeding just as the Senate leges held by this chamber. Our govern- 8 weeks. We were able to reach an did in 2007, when Majority Leader REID ment’s separation of powers is not an agreement that was filed. I first wish wanted to block President Bush from antiquated idea but a timeless safe- to compliment Senator BAUCUS, the making recess appointments—and suc- guard to liberty. Senate chair of the conference com- ceeded in doing so. As Edwin Meese and In 1985, Sen. Byrd, the Democratic mittee. There was a real effort made Todd Gaziano acknowledged in their Majority Leader from West Virginia, that this conference would operate the op-ed, ‘‘Reid was right, whether or not wrote in a letter to President Reagan: way a conference should operate; that his tactics were justified.’’ Recess appointments should be limited to is, the House and Senate Members Michael McConnell, a former Federal circumstances when the Senate, by reason of meeting, discussing the differences be- judge and director of the Constitu- a protracted recess, is incapable of con- tween the two bodies and trying to rec- firming a vitally needed public officer. Any tional Law Center at Stanford Law other interpretation of the Recess Appoint- oncile their differences in a somewhat School, came to the same conclusion. ments clause could be seen as a deliberate ef- open process. We had several open dis- Last month, he wrote in the Wall fort to circumvent the Constitutional re- cussions where we talked about some Street Journal: sponsibility of the Senate to advise and con- of the issues. Several years ago—under the leadership of sent to such appointments. Each Member of the conference had a Harry Reid and with the vote of then-Sen. Where are the Robert Byrds today? chance to express themselves on the Obama—the Senate adopted a practice of Those who served before us provided issues, and we had a good exchange. I holding pro forma sessions every three days precedent and wisdom to address our think during that exchange we were during its holidays with the expressed pur- problems today. They defended the able to reach some consensus. Almost pose of preventing President George W. Bush immediately we reached a consensus from making recess appointments during constitutional duties we are now en- intrasession adjournments. This administra- trusted to protect. Is there not one that all of us wanted to make sure the tion must think the rules made to hamstring Democratic Senator who will step for- payroll tax holiday was extended. The President Bush do not apply to President ward to defend the constitutional prin- payroll tax holiday provides tax relief Obama. But an essential bedrock of any ciple of separation of powers? for 160 million Americans. This is not functioning democratic republic is that the The President has made no secret of the time for paychecks to actually go same rules apply regardless of who holds of- his contempt for Congress in recent down for American workers. We are fice. months. His campaign rhetoric is trying to build a confidence in the It is appalling that the Obama ad- heavy with ‘‘do-nothing’’ accusations. workplace, in the marketplace. The ministration would call into question The President is certainly free to en- more money in the paychecks allows the entire legitimacy of pro forma ses- gage in election-year hyperbole. But he people the opportunity to be better sions when, less than two weeks before is not free to overstep the constitu- consumers, helping to create jobs. the appointments, the President signed tional limits of his office. I can think There was general consensus that we into law the payroll tax extension that of a number of other priorities demand- needed to extend the unemployment in- the Senate had passed in such a ses- ing our undivided attention right surance, that we are still in the recov- sion. now—fixing the economy and putting ery where unemployment rates are so What makes the business conducted Americans back to work are top among high that it is important we use this during the pro forma session on Dec. 23 them. Yet in order to address these countercyclical program to help people any different from the pro forma ses- challenges, we need a working relation- but to also build our economy. It helps sions that came just days after? Based ship between the legislative and execu- create jobs, again having more money on this case, it appears the validity of tive branches. The President’s power available for the consumers to help our a Senate session is subject to the Presi- grab undermines the very constitu- small businesses and to help our econ- dent’s whim. He signs legislation tional foundation of this relationship. omy. passed in one pro forma session. He I urge Members from both sides of Lastly, we all understood we could concludes that another pro forma ses- the aisle to call for President Obama to not allow a 27-percent cut in Medicare sion did not exist at all. rescind these appointments. Regardless rates for physicians, that that would In the same op-ed to the Washington of our party allegiances, we are united deny many of our seniors access to Post, Edwin Meese and Todd Gaziano by a pledge to serve the American peo- health care. So very early in the con- concluded: ple. That is what motivated Robert ference process we reached consensus If Congress does not resist, the injury is Byrd earlier, and it is what ought to that those three issues should be ex- not just to its branch but ultimately to the motivate us today. Keeping that prom- tended, at least through the end of this people. [And that is what is important.] ise means standing for the sanctity of calendar year. For the payroll tax holi- James Madison made clear that the separa- our country’s founding document and day, that was our understanding, to ex- tion of powers was not to protect govern- the integrity of this institution. tend it through the end of the year. ment officials’ power for their sake but as a We know the Medicare issues need to vital check on behalf of individual liberty. I thank the Chair. I yield the floor and note the absence be extended for a longer period of time. Indeed, the forefathers of this coun- of a quorum. We worked together. I thought it was try were candid about the crucial link The PRESIDING OFFICER (Mr. very important that we allow the full between the separation of powers and BLUMENTHAL). The clerk will call the Senate, the full House to consider that freedom itself. roll. conference report. We have had too As Madison wrote in essay No. 48 of The assistant legislative clerk pro- much gridlock. We have had too much The Federalist: ceeded to call the roll. of individual Members trying to block It is agreed on all sides, that the powers Mr. CARDIN. Mr. President, I ask the consideration of important legisla- properly belonging to one of the departments unanimous consent that the order for tion, particularly in the Senate. So I ought not to be directly and completely ad- think it is very important that we were ministered by either of the other depart- the quorum call be rescinded. ments. It is equally evident, that none of The PRESIDING OFFICER. Without able to bring this issue to the full Sen- them ought to possess, directly or indirectly, objection, it is so ordered. ate, and we are going to have, I hope, a an overruling influence over the others, in Mr. CARDIN. Mr. President, I wish to good debate, and sometime tomorrow the administration of their respective pow- take the time now to talk about the we are going to have a chance to vote

VerDate Mar 15 2010 01:46 Feb 17, 2012 Jkt 019060 PO 00000 Frm 00030 Fmt 4624 Sfmt 0634 E:\CR\FM\A16FE6.022 S16FEPT1 pwalker on DSK7TPTVN1PROD with SENATE February 16, 2012 CONGRESSIONAL RECORD — SENATE S835 on whether to accept the conference re- deals with how we decided to fund or pay will be 2.3 percent of their payroll, port. offset the cost of unemployment insur- which will go to a retirement trust There is some good news. I do ap- ance extensions. Let me remind my fund that is already fully funded. So plaud again Senator BAUCUS and my colleagues that this is a short-term ex- this is not to address a problem with colleagues Senator CASEY and Senator tension, where we are phasing out the the funding of the retirement plans for REED on the work that was done by the extra benefits through the end of this our Federal employees; I think this is Democrats on the committee. We took year. It is calculated to cost about $30 strictly a punitive hit at the Federal a very strong position against adding billion. Historically, we have extended workforce. these extraneous positions that came unemployment insurance benefits dur- Public servants have already given over from the House, the so-called ing tough economic times without hav- $60 billion toward deficit reduction in Boiler MACT, which was a provision ing offsets. the form of a 2-year pay freeze and will that would have affected the health of Why? Because unemployment insur- give at least another $30 billion if the people in our community. There is no ance is countercyclical. It is there to base pay adjustment for 2013 is .5 per- question that if we would have accept- help people during tough times. During cent instead of the 1.2 percent, which is ed the House position, it would have good times we pay money into the sys- what the adjustment should be under weakened our Clean Air Act, it would tem. We are trying to put more money the Federal Employees Pay Com- have led to more premature deaths, into the economy. It does not make parability Act. Add it all together, and more hospital admissions, more lost sense to take money out of the econ- present and future Federal workers are days from work. The cost-benefit ratio omy when we are trying to create jobs providing over $100 billion in deficit re- of this rule is well documented, that it and get our economy back on track. duction. That is $100 billion in deficit will help our economy, help save the Unfortunately, that principle was reduction coming out of our Federal health and workdays for American violated in this conference report. The workforce. Yet the Republicans continue to defend the most affluent workers. $30 billion is offset. Let me compare We also removed a provision from the that to the payroll tax holiday, which Americans who won’t pay one extra House bill that dealt with the Keystone is $100 billion, which many of us think penny for funding this payroll tax issue. This has to go through a regular should be offset, which is not offset. As package. I don’t think that is right, I regulatory process. It should have no you know, we came in with rec- don’t think that is fair, and I don’t place in this conference. We were able ommendations where we could fairly think we should have done it in that manner. to remove that provision. offset the extension of the payroll tax Now, I want to say some positive On the unemployment insurance holiday without adversely affecting our things. You can always look at things front, let me mention that we were economy. We had suggested we would and say it could have been a lot worse. able to reserve the extension of unem- have a surtax on income, exempting $1 And that is true, it could have been a ployment insurance benefits. Under the million of taxable income from the sur- lot worse. When you look at the House current law, there is a maximum avail- tax—a little bit of fairness in our Tax bill that included these provisions, it able of 99 weeks. Let me remind my Code—in order to make sure we do not included a pay freeze for our Federal colleagues that because of the way the add to the deficit, do not hurt the econ- workers. That is not in this. We got extended benefit program is calculated, omy but allow middle-income tax- that out. that at least in my State by April, payers to continue to get their tax re- I worked very hard with my col- those 20 weeks are likely to be not lief. league, Congressman CHRIS VAN HOL- available for new people who become To me, that would have been the re- LEN from Maryland. We worked to- unemployed, and throughout the rest sponsible thing for us to do. But we do gether. In the original package, all of our Nation, we are finding that ex- not do that in this conference. Instead, Federal workers would have had to pay tended benefit program will not be pro- we did not pay for the $100 billion for more, including current Federal work- viding those extra weeks. extending the payroll tax, but we paid ers. This package does not affect cur- So the conference committee rec- for the unemployment insurance bene- rent Federal workers. They will not ommendation is to try to use better fits, $30 billion, which I would suggest have to pay extra for their pension triggers as it relates to the different is an emergency. That truly is a mat- plans. That is fair. When they signed tiers of benefits in the extended benefit ter that historically we have not paid up as a Federal employee, they knew program, so the high unemployment for. what the ground rules were and they States have a greater number of weeks All right. Here is the problem. In knew what the pension contributions than those States that are doing better order to pay for that $30 billion, we would have to be and what the benefits and to transition us to a more regular picked on our Federal workforce. I tell were. It is right that we live up to that unemployment system as we go you, I find that wrong. We put a provi- commitment. So this agreement will through the year. sion in this bill that will require new not affect current workers. Their pen- In regard to the Medicare provisions Federal employees, those who start sion contributions will remain the in this bill, we were able not only to work after January of 2013, to pay more same. extend the sustainable growth rate, the for their defined retirement benefit. The bill that came over to us from SGR system, so we do not get the auto- That is how we funded about half the the House also reduced pension bene- matic cuts that would occur against cost of extending the unemployment fits. We took that out of the bill. That physicians, we were able to extend that insurance. I think that is wrong. is not in the bill. And the rate they through the end of the year. But we Let me also say that the extension of would have had new hires pay is higher also extended the therapy caps. If we the unemployment benefits is tem- than what we agreed to in this pack- did not do that, those who are the vic- porary—only until the end of this year. age. tims of stroke or who have had a hip The extra costs for the retirement ben- Congressman VAN HOLLEN and I replacement would have run into an ar- efits are permanent. It stays in the worked very hard to try to accommo- bitrary cap which would provide them law. That doesn’t seem like a good deal date the parameters of the conference the therapy they need for their recov- for what we are trying to do. and what was being required of our ery. We were able to get that done. We also are saying that one group of Federal workforce in a way that it On the payroll tax, as I said earlier, workers, and only one group, makes a would not penalize our existing work- there was an agreement we would ex- contribution toward this. These are ers and would not be anywhere near as tend that. The payroll tax is all about middle-income workers who will be punitive as the provisions that were helping 160 million Americans. It is paying for this, a large part of the un- put in the House bill. So we are at least about creating jobs. employment insurance cost. I don’t grateful that the conference includes That is where we were able to come think that is right. I don’t think we that, but I can’t help but be dis- to an agreement that I think was in should have done that. appointed that the unemployment in- the best interest of the conference. Let Let me also point out, as we talk surance is being financed at least in me talk about some serious problems I about the Federal workforce, that the half by a permanent change in the con- have with the conference report. It additional cost the new workers will tribution rates to defined benefit plans

VerDate Mar 15 2010 01:46 Feb 17, 2012 Jkt 019060 PO 00000 Frm 00031 Fmt 4624 Sfmt 0634 E:\CR\FM\G16FE6.063 S16FEPT1 pwalker on DSK7TPTVN1PROD with SENATE S836 CONGRESSIONAL RECORD — SENATE February 16, 2012 by those who join the Federal work- viding services to our people. Whether fashion that would be acceptable to the force after January 1, 2013. They are it is guarding our borders, whether it is American people. the only ones who are affected by that finding the answers to the most dread I think we all understand that with proposal. diseases, whether it is helping us de- this kind of an economy and with sky- Let me conclude by saying that we velop the technology that will make rocketing gasoline prices, it is not very all should be pleased that the con- America competitive, or providing pub- likely that folks will be marching out- ference worked, that we took a dif- lic safety as a correctional officer or side our Senate offices anytime soon ficult issue in which there are strong helping us make sure we get our Social carrying signs saying: Senator, please fundamental differences between the Security checks or get our disability raise the gas tax; that is what I hope House and the Senate and we were able checks, these are the people on the you will spend your time doing. So we to come to an agreement to at least be front lines. We are asking them to do have this challenge given the fact that presented to the Members of the House more with less, and they deserve not the traditional system of funding and Senate for an up-or-down vote just the respect of this body but they transportation—user fees—of course, in where each of us can make our own deserve our support. a tough economy, is going to be hard to judgment as to whether we think this Mr. President, I suggest the absence suggest as a route to generate addi- is the right package for the American of a quorum. tional funds. people. I might have a different view The PRESIDING OFFICER. The So for quite some time I have been than the Presiding Officer, and we will clerk will call the roll. devoted to the cause of trying to find a way to secure the possibility of getting both be able to express our views by The assistant legislative clerk pro- additional funds through transpor- our votes tomorrow. ceeded to call the roll. I hope that process will be used to Mr. INHOFE. Mr. President, I ask tation bonds. They, of course, have get more work done for the American unanimous consent that the order for been used at a variety of levels of government, particularly State and local, people. They want us to work together. the quorum call be rescinded. They want Democrats and Republicans The PRESIDING OFFICER. Without over the years. About 8 years ago, I put forward the to say: OK, we know we differ on objection, it is so ordered. first proposal for looking at paying for issues. Now let’s get together and get Mr. INHOFE. I ask unanimous con- transportation projects with our sent that I be recognized as in morning things done. former colleague, Senator Jim Talent, We have the Transportation bill that business. a Republican from Missouri, and we is on the floor and that we are talking The PRESIDING OFFICER. Without called them Build America Bonds. Sen- about today. That Transportation bill objection, it is so ordered. ator Talent and I thought at that time should end up on the President’s desk. (The remarks of Mr. INHOFE per- that this was an opportunity to come That Transportation bill came out of taining to the introduction of S.J. Res. up with a fresh and attractive way to our committees with bipartisan votes. 37 are located in today’s RECORD under pay for transportation projects. We So now let’s not clutter that bill with ‘‘Statements on Introduced Bills and sought to work with the private sector issues that will divide us. Let’s work in Joint Resolutions.’’) to find some way to use Federal tax the spirit the conference committee Mr. INHOFE. I yield the floor and credit bonding for these projects, and did—a committee on which I was privi- suggest the absence of a quorum. over the years Senator Talent and I leged to serve—and try to keep it rel- The PRESIDING OFFICER (Mr. were able to attract a number of Sen- evant to the issues at hand so that at FRANKEN). The clerk will call the roll. ators on both sides of the aisle for this the end of the day we can not only pass The bill clerk proceeded to call the cause. To give an idea of just how bi- the Transportation bill in the Senate, roll. partisan this effort has been over the The PRESIDING OFFICER. The Sen- but we can get it passed in the House of years, Senator THUNE, Senator VITTER, Representatives—or work out our dif- ator from Oregon. our former colleague Senator Dole, Mr. WYDEN. Mr. President, I ask ferences—and get it to the President Senator COLLINS, Senator WICKER, and for his signature. That bill will create unanimous consent that the order for our former colleague Senator Coleman jobs. the quorum call be rescinded. are just a few on the Republican side By the way, I think the American The PRESIDING OFFICER. Without who were part of the effort. And on the objection, it is so ordered. people will applaud us for moving for- Democratic side, Senator KLOBUCHAR, ward with the people’s business. That Mr. WYDEN. Mr. President, I ask our former colleague Senator Dayton, unanimous consent to speak as in is what we need to do. If we could get Senator CARDIN, and Senator ROCKE- morning business and would also ask that bill done, maybe—just maybe—we FELLER have been just a few of those can get other issues done. unanimous consent that following my who have supported the bonding ef- I have talked to my Republican col- remarks, my colleague in this effort to forts. leagues, and they all agree we can’t fund transportation projects, Senator In 2009 the Congress decided to test a allow sequestration to take place. That HOEVEN, follow me. version of Build America Bonds. In ef- is these automatic cuts, if we can’t do The PRESIDING OFFICER. Without fect, as a member of the Senate Fi- another $1.2 trillion of deficit reduction objection, it is so ordered. nance Committee, I had brought it up over the 10 years. We should be able to Mr. WYDEN. Mr. President, we all so many times with Chairman BAUCUS get that done. We shouldn’t have to understand that our country faces an and Senator GRASSLEY, who was then wait until after the November elec- array of major economic challenges, the ranking member, I think the two of tions. Let’s take a lesson from the con- and I made the judgment quite some them said: Well, let’s give this a try as ference committee on which I served. time ago that it was simply impossible part of the Recovery Act. In effect, it Let’s sit down and work out our dif- to have big league economic wealth would essentially go from the middle of ferences and not just say ‘‘it has to be with little league transportation sys- 2009 until the end of 2010. my way or it is not going to get done.’’ tems. All across the country—I know Late in the evening, as Chairman That is what is in the best interests of the distinguished Presiding Officer has BAUCUS and Senator GRASSLEY were the Senate, and that is in the best in- seen this in Minnesota, where he has working to put together the details on terests of our Nation. been doing good work on infrastructure the Recovery Act, I was asked what I I hope we will have a robust debate and bridges—we have seen this in every thought might be the results of the on the conference report. I hope each corner. Build America Bonds program, and I Member will have an opportunity to re- When the Senator from North Da- said: Well, it is not going to last all view it, and at the end of the day we kota came to the Senate, I had the that long. It is going to take the Inter- will have a chance to see how the votes good fortune to begin to have discus- nal Revenue Service a period of time to turn out. Again, I am sorry I have cer- sions with him with respect to some put together the rules. And I said: I am tain reservations about it, and I needed new ways to address the question of just making this up, but why don’t we to express them, but, quite frankly, I how to generate funds for the critical just estimate that it might generate $6 think we need to stand for our Federal transportation work that needs to be billion to $10 billion worth of transpor- workforce out there every day pro- done and to generate those funds in a tation and infrastructure investments.

VerDate Mar 15 2010 02:22 Feb 17, 2012 Jkt 019060 PO 00000 Frm 00032 Fmt 4624 Sfmt 0634 E:\CR\FM\G16FE6.071 S16FEPT1 pwalker on DSK7TPTVN1PROD with SENATE February 16, 2012 CONGRESSIONAL RECORD — SENATE S837 Everybody said: It is an experimental We would pay for the bonds with a issue. As a former Governor, I think he program, sounds promising, go ahead. sinking fund comprised of State understands particularly well the role Let’s give it a try. matching contributions and Customs of the States in terms of infrastruc- Well, between April 2009 and the end user fees. In the proposal that was ac- ture. of the program at the end of 2010, there cepted by the Finance Committee, we We will be talking to colleagues be- was more than $181 billion worth of would cap the total amount of bonds tween now and the time the Transpor- Build America Bonds issued. It was issued at $50 billion, giving each State tation bill comes up, and I thank my just a little bit more than 18 times 2 percent of the total. In effect, what friend from North Dakota for his sup- what was predicted. the Finance Committee has done is put port. You don’t often have this kind of a placeholder in their bill for us to go With that, I yield the floor. challenge, but, in effect, one of the forward with this effort. The PRESIDING OFFICER. The Sen- issues we had to deal with was Build Each State would get at least $1 bil- ator from North Dakota. America Bonds became so popular that lion in bonds to issue on projects at Mr. HOEVEN. Mr. President, I thank there was an effort to use them for a their discretion. States can also band my esteemed colleague from the great variety of other kinds of projects, together to bond for larger projects or State of Oregon, Senator WYDEN, for many of them very laudable but they ones that would have the benefit of ad- his leadership on this important issue, were not projects that focused specifi- dressing a concern of States in a re- cally on transportation, and, of course, for his work on the highway bill, and gion. This would give the States the in- specifically for his work on the TRIP that was the original intent of Build centive and the ability to invest in America Bonds. Also, there was no cap bonds, as he said, the Transportation their own transportation and does so in and Regional Infrastructure Project on them. Nobody realized they would a way that leverages private invest- be so popular. bonds. It is a creative concept, and I ment and costs little to our govern- think it is very timely. So there was a concern that this was ment in lost revenue. more than colleagues on both sides of Senator WYDEN approached me and We would give private investors who said: As we are working on this high- the aisle had bargained for. show a willingness to help build our We do want to note that the Treasury way bill, can we work together on this roads, bridges, and rail systems a tax Department issued their final report on concept of something like a TRIP bond credit for their commitment. What Build America Bonds earlier this year, concept? I expressed my appreciation Build America Bonds taught us is that and they said that Build America for his creativity and the offer to work there is a real market out there, and Bonds issuers saved well over $20 bil- together and said, one, I absolutely what we would like to do is look at a lion in borrowing costs on a present wanted to do it because it is so impor- different approach now, focusing on the value basis as compared to tax-exempt tant to our country right now—we need States, focusing on an approach that bonds. the jobs, we need the economic activ- So clearly there was something to would drive these projects, not in ity, we need the infrastructure, that is work with in terms of trying to take Washington, DC but at the local level. clear—and, as the good Senator said, The Joint Committee on Taxation the next step, and when the Senator we have to be creative in figuring out has told us this is an approach that from North Dakota arrived here, I said: how to do this. would produce a particularly good deal It would be great to have an oppor- I said: We are going to have to do it for American taxpayers. tunity to work with a partner and look within the framework of making sure specifically at trying to rebuild the We can get a transportation bill done. We can put folks back to work. it is paid for and making sure it does concept of focusing specifically on not add to the deficit or the debt. He transportation in a way that would But we are going to have to find a way to come up with more creative ap- said: Agreed. And we went to work on generate a substantial amount of new it. revenue and would be acceptable to proaches to generate additional revenue. If we do not, I think we are going So this truly is bipartisan, and I colleagues across the political spec- thank him for taking the initiative and trum and those who follow these to continue to see, in every corner of the country, critically needed projects for all the work both and he his staff issues. have put into what I think is a very As the Senator from North Dakota simply go unaddressed. We are going to continue to see traffic jams in areas of creative idea and a real opportunity for knows, we have now come up with a us, as I say, in infrastructure and in job new approach called Transportation the country nobody could have even dreamt a traffic jam would be. creation and economic activity for our and Regional Infrastructure Project country. Bonds. Chairman BAUCUS and Senator I hope Senators, as we go forward I also extend my thanks to two Mem- HATCH have been good enough to in- with this debate, particularly after the bers of the House of Representatives as clude them in the finance title of this President’s Day break, will join my well, both ED WHITFIELD, Congressman year’s Transportation Funding Pro- colleagues. Senator BEGICH has been from Kentucky, Republican, and Con- gram, and we wanted to take a few very supportive of this approach as gressman LEONARD BOSWELL, Democrat minutes to talk a little bit about how well. We think this is an approach with from the State of Iowa. this would work. a proven track record given what we Given the fact that we have been able saw with Build America Bonds. We be- So in both the Senate and the House to attract a number of folks on the pro- lieve this is a chance to take the les- this has been a bipartisan effort. That gressive side of the political spec- sons we learned from that experience is important because at the end of the trum—folks in labor, for example— and, by changing the focus so it zeros day, if we are going to get this passed, Doug Holtz-Eakin has issued a very in more directly, one, on transpor- that is what it is going to take, bipar- helpful paper that I hope will also tation, two, on the States, and looks to tisan support. So this is about address- bring conservatives to this cause. We some creative features—it is possible, ing something that is vitally impor- have shared that paper with Senators for example, for someone to strip the tant: our infrastructure needs, job cre- on both sides of the aisle. credit from the underlying bond and to ation. It is something we pay for, so it The way the TRIP bonds would work sell the credit—so this provides a lot does not increase the deficit or the is, first, they are tax credit bonds cre- more flexibility in terms of finding a debt, and it is absolutely bipartisan. ated specifically for transportation way to get the private sector into the Again, as my esteemed colleague just projects. We would allow infrastructure transportation area. mentioned, I bring a perspective as a banks that already exist in nearly I hope my colleagues, when we come Governor. We are talking about $25 bil- every State to issue these bonds. This back, will be supportive of this effort. lion in addition to the normal highway time we are looking to really focus on It has won, as I have indicated, support funding. So this is for projects in infra- the States. The States are the primary from across the political spectrum. structure that State departments of vehicle for ensuring that these projects I want to thank my partner from the transportation and Governors—people would have local support and would State of North Dakota. I have very at the State level, at the local level— really meet the long-term needs the much enjoyed working with him both decide what infrastructure projects States have identified. on the Energy Committee and on this need to be done, and they can then use

VerDate Mar 15 2010 02:22 Feb 17, 2012 Jkt 019060 PO 00000 Frm 00033 Fmt 4624 Sfmt 0634 E:\CR\FM\G16FE6.074 S16FEPT1 pwalker on DSK7TPTVN1PROD with SENATE S838 CONGRESSIONAL RECORD — SENATE February 16, 2012 these funds accordingly. That is of tre- ramifications that has for our economy Mr. REID. I suggest the absence of a mendous value to them. Without excep- right now. It is incredibly important. quorum. tion, go across the States, ask any of It makes a huge difference, and then The PRESIDING OFFICER. The the Governors or directors of transpor- we have the lasting infrastructure, we clerk will call the roll. tation, and they will tell you: That is are meeting the lasting infrastructure The legislative clerk proceeded to exactly the kind of funding we want needs of this country. call the roll. and need to do the very best job for the Before I yield the floor, just a final Mr. REID. Mr. President, I ask unan- people we serve in our respective comment and that is to ask our col- imous consent that the order for the States. leagues to join us in this effort. If they quorum call be rescinded. Mr. President, $25 billion—$10 billion have good ideas, we are absolutely open The PRESIDING OFFICER. Without the first year, $15 billion in year 2—will to those ideas. But this is a concept objection, it is so ordered. make an incredible difference for every whose time has come. We need to make ORDER OF PROCEDURE single State in the country. sure, as we work forward on this high- Mr. REID. Mr. President, I ask unan- Now, the other thing to keep in mind way bill, we include the TRIP bonds as imous consent that at a time to be determined by the majority leader, after is—Senator WYDEN went through for part of that package. just a minute how we have structured With that, I yield the floor back to consultation with the Republican lead- the bonds—essentially, it results in a 4- my esteemed colleague. er, the Senate proceed to the cloture to-1 leveraging of funds for every The PRESIDING OFFICER. The Sen- vote with respect to the Reid amend- State. They put their dollars into the ator from Oregon. ment No. 1633; that if cloture is in- sinking fund. They select the projects. Mr. WYDEN. Mr. President, I ask voked on the Reid amendment, the second-degree amendment be withdrawn, Then, on a project-by-project basis, unanimous consent to proceed for just the Reid amendment be agreed to and they put forward dollars in the sinking 2 additional minutes. I see our friend from Iowa is in the Chamber. the bill, as amended, be considered fund, and we provide them a 4-to-1 The PRESIDING OFFICER. Without original text for the purposes of further match. objection, it is so ordered. amendment; that if cloture is not in- So, for example, $1⁄2 billion goes to a Mr. WYDEN. Mr. President, I thank voked, the motion to recommit and the State. As they select projects, that $1⁄2 my colleague from North Dakota for Reid amendment No. 1633 be with- billion funds those projects. They put his statement. This is bipartisan. It is drawn; that immediately following the up $100 million as they select and ad- a bicameral effort. My colleague’s cloture vote and the actions listed vance those projects. For their $100 point at the end, in terms of our being above, depending on the result of the million, they are doing $500 million in open to additional ideas and sugges- cloture vote, the Senate then proceed projects. tions, is particularly appropriate. to executive session and the cloture Again, this is exactly what the What the challenge is going to be on motion on the Furman nomination be States are looking for. This is exactly this transportation issue for years to vitiated; that there be 2 minutes equal- what they need to meet their infra- come is to try to find a way to gen- ly divided between the chair and rank- structure needs. Anyone driving erate the additional money for the ing members of the Judiciary Com- around the country—whether it is in work that needs to be done in a fashion mittee prior to a vote on the confirma- the District or anywhere else—is going that is acceptable to the American peo- tion of the Furman nomination; that if to tell you: Look, we have to address ple. If it was so easy, everybody would the nomination is confirmed, the mo- our infrastructure needs. And this is be just ripping through one idea after tion to reconsider be considered made absolutely something that will make a another. and laid upon the table, with no inter- big difference in doing that. The two of us have spent many vening action or debate; that no fur- Again, in addition to being truly a bi- months trying to take the lessons we ther motions be in order; that any re- partisan effort, and a bicameral effort, have learned from the Build America lated statements be printed in the at this point we have received tremen- bonds effort to try to come up with a RECORD; that the President be imme- dous support and encouragement from fresh approach, a fresh bipartisan ap- diately notified of the Senate’s action; across the country and from truly a di- proach, that would be acceptable to that following the vote on confirma- verse range of groups—from labor, from colleagues on both sides of the aisle. tion of the Furman nomination, the business, from mayors, from county We think we have done it. We do not Senate then resume legislative session commissioners. It truly has not only think this is the only way. We are cer- and the majority leader be recognized. bipartisan support but incredibly tainly open to ideas and suggestions. The PRESIDING OFFICER. Without strong support across the country. But the model of trying to focus on the objection, it is so ordered. Just some of the various groups that States, to build on the support we have The Senator from Iowa is recognized. have come out and already endorsed from folks in business and labor PAYROLL TAX CONFERENCE REPORT the project include the American Asso- unions, and a whole host of groups at Mr. HARKIN. Mr. President, I come ciation of Road and Transportation the local level—mayors and county to the floor to state my vehement op- Builders, the American Association of commissioners—strikes us as the way position to the agreement to extend State Highway and Transportation Of- to go. the payroll tax cut and to slash the ficials, the U.S. Chamber of Commerce, We are open to additional ideas and Public Health and Prevention Fund to the American Highway Users Alliance, suggestions. Our staffs will be working help pay for the continuation of unem- the Associated General Contractors of all through this week, the period of the ployment benefits. America, the International Union of President’s Day recess, to refine our Let me preface my remarks by Operating Engineers, the Labors’ Inter- proposal, to deal with the various stressing that the No. 1 priority in national Union of North America, the issues related to scoring. But this is a Washington today must be creating National Association of Manufacturers, genuinely new approach to generating jobs, growing the economy, and restor- and the American Society of Civil En- revenue. It is bipartisan; it is bi- ing the middle class. In recent months, gineers. cameral, with the support of folks in we have seen modestly good news on Again, mayors, commissioners—this labor and business. We hope colleagues the jobs front, including the manufac- truly has broad, strong support at the will be supportive, and we are inter- turing sector, and we must do every- grassroots level. That is reflective of ested in their ideas and suggestions thing possible to keep our economy the fact that it is exactly the kind of over this period between now and when moving in the right direction. project we need to advance. we start voting on the Transportation To this end, nothing is more effective So as we work on this highway bill, I bill. than continuing unemployment insur- see this as a tremendous opportunity— So, again, I thank my friend from ance benefits for those hardest hit by really an opportunity, and not just in North Dakota. It has been great to the great recession. Details on the un- terms of the infrastructure we so badly work with him. employment insurance portion of this need but to put people to work in good I yield the floor. agreement are not available. But what jobs, in good-paying jobs. Think of the The PRESIDING OFFICER. The ma- I am hearing sounds less and less like ramifications that has, the secondary jority leader. a good or fair deal for workers.

VerDate Mar 15 2010 02:22 Feb 17, 2012 Jkt 019060 PO 00000 Frm 00034 Fmt 4624 Sfmt 0634 E:\CR\FM\G16FE6.075 S16FEPT1 pwalker on DSK7TPTVN1PROD with SENATE February 16, 2012 CONGRESSIONAL RECORD — SENATE S839 Federal unemployment benefits will supported that, wholeheartedly sup- I never thought I would live to see be dramatically scaled back over the ported that. the day when a Democratic President year, especially in Iowa, my own State, However, in late 2010, Congress voted and a Democratic Vice President would and some other States in the Midwest. to replace that tax credit with a 2-per- agree to put Social Security in this I do not understand that. It seems to cent reduction in payroll taxes which kind of jeopardy. Never did I ever me, if you are unemployed, you are un- are dedicated to the Social Security imagine a Democratic President begin- employed. If you are out of work and trust fund. This was done on a tem- ning the unraveling of Social Security. your family needs help, I do not care porary basis to provide added income I warn my colleagues to consider the whether you live in Iowa or Minnesota for working families, and it was not long-term ramifications of these ac- or New York or New Jersey or any- offset. It was not paid for. So for the tions. where else. first time—for the first time—general While we need to maintain tem- The payroll tax provisions are also revenues were transferred to the Social porary supports for middle-class fami- seriously flawed. This Congress will be Security trust fund to replace lost rev- lies in these tough economic times, making a grave mistake—a grave mis- enue. this assistance should not come at the take—and reinforcing a dangerous While this ensured that no financial expense of American’s retirement secu- precedent by extending the payroll tax harm was done to the trust fund itself, rity. As traditional pensions have fall- cuts and adding another negative, what it did is it created a dangerous en by the wayside, as the value of peo- without paying for it. I am dismayed precedent by calling into question So- ples’ retirements in 401(k)s has plum- that Democrats, including a Demo- cial Security’s dedicated funding. I meted, Social Security remains the one cratic President and a Democratic Vice voted against that bill. So in late 2010, essential program preventing millions President, have proposed this and are we transferred general revenues to re- of seniors from plunging into poverty willing to sign off on a deal that could place lost revenue. in their retirement years, a program begin the unraveling of Social Secu- In December of 2011, just a couple started by a Democratic President and rity. months ago, we were persuaded to sup- a Democratic Congress, further en- Two of the critical strengths of So- port the 2-month extension of the pay- hanced by future Democratic Presi- cial Security are that it is universal roll tax cut. Some may look at the dents, others, Truman, Kennedy, Lyn- and it is self-funded. Not one dollar in record and say: HARKIN, you voted for don Johnson, of course, the Great Soci- benefits ever came from any source that. I did with misgivings. But a crit- ety. other than the payroll tax on future ical factor was that it was at least This, I believe, has been the hallmark Social Security beneficiaries. More- fully paid for and would not negatively and the underpinning of the party I have been proud to belong to. Now this over, the program has never contrib- impact the Social Security trust fund. party—this party—the Democratic uted even one dime to the deficit or the However, we are being offered an Party, with a Democratic President, is national debt. How often have we, agreement that extends the payroll tax now beginning the unraveling of Social those who support Social Security in cut through the end of this calendar Security. That is what is happening, its entirety—how many times have we year. Bad enough, doubly negative, it the unraveling of Social Security. come to this floor and argued against does not pay for it. This is terrible pub- Never again can any one of us come to those who would invade Social Secu- lic policy, with grave consequences for the floor and say: No. No, we cannot rity and say, well, we have to reduce Social Security. With this new agree- cut Social Security to reduce the def- the deficit, so we will cut Social Secu- ment, we will be taking $100 billion from the general fund, which is in deficit because it does not add to the def- rity. What do we say, with all honesty, icit. icit, by the way. So we are going to add with all the evidence backing us up? With this agreement, Social Security $100 billion to the deficit, to substitute Social Security has never contributed will add to the deficit by $100 billion. one dime to the deficit. for the $100 billion in revenues lost due Think about it. I urge my colleagues to So cutting Social Security will never to the payroll tax cut. As I said and I look at excellent alternative ways of reduce the deficit. With this bill, we repeat, we will be adding $100 billion to providing temporary support to our can no longer say that. We can no the deficit and the debt. middle class. One proven approach This compounds the mistake Con- longer say Social Security does not would be to enlarge the Making Work gress made in late 2010 by passing the contribute to the deficit. This argu- Pay tax credit I talked about that was ment, this fact, that Social Security original payroll tax cut without paying in the Recovery Act. Again, this tax has never contributed a dime to the for it. No longer—no longer—can we credit, as I said, put an additional $800 deficit has given Social Security a say Social Security is a program that in both 2009 and 2010. It could be en- unique, even an almost sacrosanct, sta- pays for itself without adding to the larged to provide the similar level of tus in our society. deficit. Mixing general revenues into benefits to median-income working It was one of the strongest argu- the system will make it easier for families as compared to the payroll tax ments, I repeat, for those of us defend- those who have long wished to dis- cut. ing Social Security from misguided at- mantle Social Security to do so in the So instead of cutting the payroll tax, tempts to cut it in the name of deficit future. let’s do the tax credit that we had in reduction. Some might say, well, peo- Worse—worse—since this tax cut is 2009 and 2010, just bump it up a little ple are out of work; with the fragile not being paid for, there is a much bit. How do we pay for it? The same economy, we need to put some spend- greater likelihood it will be extended way we are paying for the cut in the ing in the pockets of our middle-class yet again in the future because, you Social Security taxes. Put it on the Americans. see, there is another precedent here: deficit. Put it on the deficit. But at I could not agree more. The biggest Tax cuts do not have to be paid for. least we are not invading the Social job creator in America is not someone Only spending has to be paid for, not Security trust fund. Cutting the pay- who is rich and has billions of dollars. tax cuts. roll tax is a bad idea, a terrible idea. I The biggest job creator in America is a Does this not open the door to even am embarrassed it is being proposed by working American with money in his further extending payroll tax cuts be- a Democratic President and a Demo- or her pocket to spend. That is the big- cause we do not have to pay for it? I cratic Vice President. gest job creator. choose my words carefully. Make no We could fully pay for a tax credit, a So, yes, we have to get money in the mistake about it, American people, refundable tax credit, do it over a 10- pockets of working Americans, and we make no mistake about it. This is the year period of time so it does not nega- have done that in the past in a good beginning of the end of the sanctity of tively impact the fragile economic re- way. In the 2009 Recovery Act, working Social Security. The very real risk is covery. It would support middle-class Americans received a 6.2-percent credit that Social Security will become just families, give them the support they of their taxes, refundable up to $400, to another program to be paid for with need and deserve, but it would not increase their spending power and deficit spending and then in the future harm Social Security. boost the economy. This in no way im- perhaps raided to help reduce the def- I said there were a couple reasons I pacted the Social Security trust fund. I icit. am opposed to this. That is one. That

VerDate Mar 15 2010 02:22 Feb 17, 2012 Jkt 019060 PO 00000 Frm 00035 Fmt 4624 Sfmt 0634 E:\CR\FM\G16FE6.077 S16FEPT1 pwalker on DSK7TPTVN1PROD with SENATE S840 CONGRESSIONAL RECORD — SENATE February 16, 2012 is a big one, what we are doing to the sles, mumps, rubella, polio, and a the dangerous consequences and prece- Social Security trust fund. But I must whole bunch of other diseases. dence of passing this bill in its current also state my strenuous opposition to Given the relentless rise in health form. This bill ends Social Security’s the cuts in this agreement to the Pub- care costs, it is a classic case of penny historic status as a program that pays lic Health and Prevention Fund that is wise and pound foolish to take money for itself. Think about it. The bill vali- in the Affordable Care Act. from the Prevention and Public Health dates the absurd idea that tax cuts My Republican friends and colleagues Fund. Americans get it. Americans get have a special status—they do not need have been trying to get at the health it when it comes to disease prevention. to be offset, but spending does. Think care reform bill ever since we passed it: They understand that prevention saves about it. And this bill foolishly slashes Cut it here, nick it there. We have lives, saves money, and is the common- funding for the Prevention and Public fought that off. The health care act is sense thing to do. In this bill—again, Health Fund, cuts that will signifi- now making a big impact in Ameri- for the first time—$5 billion is taken cantly add to the deficit in future cans’ lives. Need I mention the fact out of the Prevention and Public years. that kids are covered now, even though Health Fund—$5 billion. This is out- I repeat: We need to continue to bol- they may have a preexisting condition. rageous and unacceptable. ster the economy and boost the income Young people can stay on their par- As I said, Americans get it. Here is a of ordinary Americans. This bill is not ents’ policy until they are age 26. But letter from the American College of the way to do it. It is a devil’s deal. It we put into that affordable care act a Preventive Medicine urging us to op- is a bad deal. There are better ways to Prevention and Public Health Fund, pose taking any money, to diverting accomplish these goals. I urge my col- with the aim of transforming Amer- any money from the Prevention and leagues to vote against this terribly ica’s sick care system into a true Public Health Fund. Here is the Coali- misguided bill in its current form. health care system, emphasizing tion for Health Funding, opposed to EXHIBIT 1 taking money from the prevention wellness and prevention and public AMERICAN COLLEGE OF health, keeping people out of the hos- fund. The American Heart Association PREVENTIVE MEDICINE, pital in the first place. is opposed taking money from the pre- February 9, 2012. So this last October things started vention fund; the Campaign to End On behalf of the American College of Pre- kicking into effect. Beginning last Oc- Obesity Action Fund, opposed to tak- ventive Medicine (ACPM), I urge you to op- tober, for example, women over age 40 ing money from that fund; the Center pose any effort to divert funds from the Pre- could get a mammogram every year for Science in the Public Interest, op- vention and Public Health Fund to finance with no copays, no deductibles, no cost. posed to taking money from the pre- an extended ‘‘doc fix’’ in the Medicare physi- It has to be absorbed in the insurance cian fee schedule as part of the negotiations vention fund; the Heartland Alliance, on H.R. 3630, the Temporary Payroll Tax Cut program. Seniors on Medicare get a opposed to taking money from the pre- Continuation Act of 2011. ACPM is the na- free screening of their health and a vention fund; the Association of State tional professional society for over 2,500 phy- health assessment every year so they and Territorial Health Officials, op- sicians who dedicate their careers to preven- know what to do in the future to keep posed to taking money from this fund; tion and health promotion at the individual themselves healthy. No copays, no the Prevention Institute, opposed to and population levels. As such, ACPM has a deductibles. Colonoscopies over age 50, taking money from the Prevention and primary interest in expanding our nation’s no copays, no deductibles. We also Public Health Fund; the American investment in prevention to improve the started investing in proven programs health of communities across the country Heart Association, the National Alli- while adding greater value to our health care to promote health and wellness, de- ance of State and Territorial AIDS Di- system. creasing obesity, for example, across rectors, the American Public City While ACPM has been a staunch supporter the country, through this fund. Health Officials, the American Lung of efforts to fix the broken sustainable Earlier this month, the Trust for Association, the National Viral Hepa- growth rate formula used to calculate Medi- America’s Health released a remark- titis Roundtable, the Association of care physician reimbursement levels, the able study showing that a 5-percent re- Maternal & Child Health Programs, the College will not support any proposal that duction in the obesity rate could yield American Association of Colleges of diverts funds away from disease prevention programs in order to increase payments for more than $600 billion in savings on Pharmacy—722 groups across this health care in the next 20 years. This disease treatment. The Prevention and Pub- country—opposed to taking money lic Health Fund, established through the Af- study is the latest confirmation of from the Prevention and Public Health fordable Care Act, represents a critical in- what common sense tells us: Preven- Fund. vestment in public health and a historic tion is the best medicine both for our Mr. President, I ask unanimous con- commitment towards efforts that will help bodies and for our budgets. sent to have printed in the RECORD at shift the focus of our health care system Now think about it. We currently the end of my remarks some letters in from disease treatment to disease prevention spend more than $2 trillion on health opposition to this taking. There are and health promotion. care each year. An estimated 75 per- over 700 organizations in opposition to Already, states are using Prevention Fund dollars to bolster our public health infra- cent of that is accounted for by pre- this. ventable chronic diseases and condi- structure and to build a stronger foundation The PRESIDING OFFICER. Without for prevention in communities and neighbor- tions. Chronic disease is a prime cul- objection, it is so ordered. hoods that are most in need. To drain the prit in the relentless rise in health in- (See exhibit 1.) fund of its important resources just when surance premiums, and it contributes Mr. HARKIN. So who do we listen to, communities are now putting prevention to to the overall poor health that places Mr. President? Do we listen to public work represents a shortsighted approach to our Nation’s economic security and health officials—the American Heart fund increased reimbursements for Medicare competitiveness in jeopardy. Association, the American Lung Asso- providers. This is shameful and, frankly, exas- ciation, people all across America say- There has long been strong bipartisan sup- perating because we know how to pre- port for efforts that improve health, reduce ing don’t do this? costs, and enhance the value of our health vent many of these diseases and condi- This is what is going to save us in the care system. Now is not the time to abandon tions from developing in the first future. Yet they are taking $5 billion these goals. ACPM will continue to strongly place. We know a lot about the power out of it. It is totally unacceptable and oppose any efforts to decrease the federal of prevention through the kinds of evi- it is outrageous—outrageous—out- commitment to prevention and public health dence-based clinical and community rageous. And again, this wasn’t in ei- and we ask that you join us in these efforts. prevention programs and things that ther the House or the Senate bill. If Sincerely, are funded by the Prevention and Pub- I’m not mistaken, maybe a point of MIRIAM A. ALEXANDER, lic Health Fund. For example, for every order lies against things in a con- MD, MPH, ACPM President. $1 we spend on the full course of child- ference report that were not considered hood vaccines, we can save $16.60 in fu- either in the House or the Senate. COALITION FOR HEALTH FUNDING, ture health care costs. Not a bad return This agreement is being presented as Washington, DC, February 15, 2012. on a dollar, not to mention the quality a done deal, nothing we can do about DEAR MEMBER OF CONGRESS: The Coalition of the lives of kids who don’t get mea- it. Well, I urge Senators to think about for Health Funding is gravely concerned and

VerDate Mar 15 2010 03:43 Feb 17, 2012 Jkt 019060 PO 00000 Frm 00036 Fmt 4624 Sfmt 0634 E:\CR\FM\G16FE6.078 S16FEPT1 pwalker on DSK7TPTVN1PROD with SENATE February 16, 2012 CONGRESSIONAL RECORD — SENATE S841 deeply disappointed that Congress—in nego- and costs of CVD will increase dramatically President to reconsider his recommendation, tiating a compromise on the ‘‘extenders’’ in the next two decades, leaving 40 percent of which would undermine vital obesity preven- package—plans to raid the Prevention and the population with some form of the dis- tion and reversal initiatives already in place Public Health Fund to partially offset the ease. around the country.’’ costs of a temporary patch to Medicare phy- We know that prevention works and is one ‘‘The initiatives supported by the Preven- sician fee schedule. The Coalition’s 75 na- of the best ways to avert this cardiovascular tion Fund can help our communities to get tional organizations—representing more crisis. In a 2008 study, the AHA used a model on track to a healthy weight and achieve than 100 million patients and families, to evaluate the impact of 11 widely recog- more manageable long-term health care health care providers, public health profes- nized measures for cardiovascular preven- costs. Standing pat will not get us there. If sionals, and scientists—feels strongly that it tion. We found that if all 11 measures were we are serious about reigning in health care is penny-wise and pound foolish to cut public addressed, heart attacks would be reduced by costs, we must have strategies to change our health and prevention funding. We urge you 36 percent and strokes by 20 percent. These nation’s current course. No easy fixes exist to oppose these proposed cuts to the Fund, measures could add 200 million life-years to balancing our budget, but failing to put and instead consider the return on invest- over the next three decades and increase life all of our muscle behind tackling the obesity ment the Fund will show in the long-term by expectancy by 1.3 years. epidemic will only lead to greater illness for keeping people healthy. However, only 18 percent of U.S. adults fol- patients and greater expenses for taxpayers Prevention and public health are vital to low three important measures recommended in the long run. Reducing the Prevention and securing America’s position as a global lead- by the AHA for optimal health: not smoking, Public Health Fund is economically back- er in prosperity, discovery, and military ca- maintaining a healthy body weight, and ex- wards.’’ pability. The Prevention and Public Health ercising at moderate-vigorous intensity for Fund, established through the Affordable at least 30 minutes, five days per week. Pro- Ultimately, slashing obesity prevention Care Act, represents a critical investment grams supported by the Fund can help Amer- programs will not help the U.S. to reduce its and an unprecedented commitment to im- icans adopt healthier lifestyles and we know deficit, particularly in light of a recent proving America’s health. that the earlier in life they develop these study from the Trust for America’s Health, Already, states and communities are using habits, the better. Studies estimate that which finds that if obesity rates were re- the Fund to combat chronic diseases, which when people practice these healthy habits duced by five percent in the U.S. the country account for 70 percent of all deaths and 75 reach middle age, they have only a six to could save $29.8 billion in five years, $158.1 percent of all Medicare spending. Specifi- eight percent chance of developing CVD in billion in 10 years and $611.7 billion in 20 cally, the Fund is bringing communities to- their lifetimes. years in health care costs. gether to reverse the obesity epidemic. A Investing in prevention is a smart move Currently, the annual health costs related new analysis by Trust for America’s Health during these fiscally challenging times to to obesity in the U.S. are as high as $168 bil- shows that reducing the average body mass maintain both a healthy economy and a lion and obesity drives nearly 17 percent of index by just five percent could lead to near- healthy society. We urge you to protect the U.S. medical costs, according to research rely $30 billion in health care savings in just Fund. leased by the National Bureau of Economic five years. Sincerely, Research. By 2018—just six years from now, Evidence abounds—from the Department of NANCY A. BROWN, researchers at Emory University estimate Defense to the U.S. Chamber of Commerce— Chief Executive Officer. that obesity could account for 21 percent of that healthy Americans are stronger on the all health care spending. Employers alone battlefield, have higher academic achieve- PRESIDENT’S BUDGET PRESENTS DANGEROUS, experience a more than $73 billion loss each ment, and are more productive in school and COSTLY SETBACK TO OBESITY EPIDEMIC, year due to losses in productivity, absentee- on the job. Healthy Americans drive our eco- CAMPAIGN WARNS ism and medical costs attributed to obesity, nomic engine, and cost our nation less in according to researchers at Duke University. health care spending. It is shortsighted to WASHINGTON, DC.—In the face of staggering drain the Fund just as communities are now costs—both in lives and in billions of tax- putting prevention to work. We need to im- payer dollars spent because of the nation’s CENTER FOR SCIENCE prove health, reign in health care spending, obesity epidemic—the President’s budget IN THE PUBLIC INTEREST, and reduce our nation’s deficit and debt. The cuts vital obesity prevention programs by $4 Washington, DC, February 13, 2012. Fund will help us achieve these goals. billion over the next ten years, the Cam- Hon. Senator MAX BAUCUS, There has long been strong bipartisan sup- paign to End Obesity Action Fund warned Chairman, Finance Committee, U.S. Senate, port for efforts that improve health, reduce today. Hart Senate Office Building, Washington, costs, and enhance the value of our health The President’s budget recommends dras- DC. tic reductions to programs that the White care system. Now is not the time to abandon DEAR CHAIRMAN BAUCUS: On behalf of the these goals by ‘‘robbing Peter to pay Paul.’’ House championed a little more than 18 Center for Science in the Public Interest, I The Coalition strongly opposes any efforts to months ago designed to promote prevention urge you to support the Prevention and Pub- reduce the federal commitment to preven- and wellness through ‘‘an unprecedented lic Health Fund and oppose any efforts to re- tion and public health. We hope you will join funding commitment to these areas.’’ At duce, eliminate, or divert its funding. At a us in our opposition. that time, the President specifically pro- time when today’s children are in danger of Sincerely, posed ‘‘the creation of a national prevention becoming the first generation in American JUDY SHERMAN, and health promotion strategy that incor- history to live shorter, less healthy lives President. porates the most effective and achievable than their parents, we need to do more—not EMILY J. HOLUBOWICH, methods to improve the health status of less—to reduce the burden of heart disease, Executive Director. Americans and reduce the incidence of pre- cancer, and other preventable diseases. ventable illness and disability in the United The Prevention Fund, supported by nearly AMERICAN HEART ASSOCIATION, States.’’ 720 organizations, is a much-needed invest- Washington, DC, February 15, 2012. These programs were largely contained in ment in national, state, and local efforts to Hon. MAX BAUCUS, the Affordable Care Act, which established prevent disease, save lives, and reduce long- U.S. Senate, Hart Senate Office Building, the Prevention and Public Health Fund in term health costs. Due to the growing bur- Washington, DC. significant part to reverse the obesity epi- den of chronic disease, our country faces ex- DEAR SENATOR BAUCUS: The American demic and help the nation secure a healthier Heart Association (AHA), on behalf of its future. The Fund—the whose budget the ploding health-care costs that diminish our more than 22 million volunteers and sup- President now proposes to cut by more than economic productivity and limit businesses’ porters, urges you to protect the Prevention 20 percent over the next 10 years—enables ability to compete in a global economy. and Public Health Fund (Fund) and oppose work by state and local governmental agen- Right now, 75 percent of all health care costs any efforts to reduce, eliminate, or divert its cies and community organizations to in- are spent on the treatment of chronic dis- funding as you consider options for paying crease healthy food options in schools, cre- eases, many of which could be prevented. for an extension of the payroll tax reduction, ate physical activity programs and promote States are also using Prevention Fund dol- for unemployment insurance benefits, and incentives for workplace wellness. lars to mount campaigns to reduce obesity for Medicare payments to physicians. In a statement, Stephanie Silverman, co- and tobacco use, promote healthy eating and The programs supported by the Fund are founder of the Campaign to End Obesity Ac- physical activity, expand mental health essential if we are to reduce the growth of tion Fund, said: services, provide flu and other immuniza- chronic diseases, such as heart disease and ‘‘The President must know that there is tions, and fight infectious diseases. If we are obesity, and decrease tobacco use rates, little good news about obesity—the epidemic serious about reducing health care costs and which are primary drivers of rising health continues, and with it the long term costs to the deficit, decreasing funding for prevention care costs. Cardiovascular disease (CVD), in- our nation increase. The First Lady has done would be counterproductive. With your sup- cluding heart disease and stroke, is the lead- exemplary work highlighting some of the port, we can ensure that vital programs ing cause of death and disability in the successes of prevention efforts, but obesity aimed at preventing illness and promoting United States and our nation’s costliest ill- remains one of the country’s costliest med- health and wellness continue through the ness. Based on recent projections, prevalence ical conditions. We respectfully urge the next decade. Please let me know what you

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I know I speak for the U.S. Senate, State of Illinois, Hart Senate Office I will urge my colleagues to vote for Senate family when we thank Bill for Building, Washington DC. this amendment to ensure that we are his service as our Nation’s Public DEAR SENATOR DURBIN: Your support is supporting our workers in getting a Printer. needed to maintain funding for critical pre- valuable education and supporting an f ventive health work made possible by the industry that is facing a critical work- Prevention and Public Health Fund. Recent RECOGNIZING MIDWAY COLLEGE proposals to reduce, eliminate or divert its force shortage. funding ignore the long-term fiscal and The PRESIDING OFFICER. The ma- Mr. MCCONNELL. Mr. President, I health benefits of investing in prevention. jority leader. rise today to pay tribute to an edu- We urge you to oppose any reduction in f cational institution that has been defunding to the Prevention Fund. The fund is MORNING BUSINESS termined to create job opportunities an unprecedented investment in national, and more easily accessible pathways to state and local efforts to prevent disease, Mr. REID. Mr. President, I ask unan- attaining professional degrees for Ken- save lives and reduce long-term health costs. imous consent that we go to a period of More than 700 national, state and local orga- tuckians, Midway College. nizations support the Prevention Fund. morning business, with Senators per- Midway College is a private school in Last year, Illinois received almost $21 mil- mitted to speak for up to 10 minutes Midway, KY, located in between Lex- lion to invest in effective and proven preven- each. ington and Frankfort. The school, es- tion efforts. That money is going to commu- The PRESIDING OFFICER. Without tablished in 1847, has since created not nities making changes to improve long-term objection, it is so ordered. health, the state’s public health infrastruc- only a rich tradition but a bright fu- f ture and training centers, HIV prevention ef- ture for itself as well. Grounded in the forts, tobacco prevention, and primary care RECOGNIZING BILL BOARMAN golden rule, the school’s motto is ‘‘ama and behavioral health services. Mr. REID. Mr. President, I rise today vicinum acte,’’ Latin for ‘‘love your Overall, the Prevention Fund will provide neighbor in deed.’’ And Midway College communities across the U.S. with more than to recognize the service of the 26th Public Printer of the United States. and its faculty are dedicated to living $16 billion over the next 10 years. Slashing just so. The college has opened 14 dif- this funding would be an enormous step Bill Boarman led the Government backward in our progress on cost contain- Printing Office, GPO, with distinction ferent branches across the State offer- ment, public health modernization and over the past year. He has been a tre- ing numerous disciplines students can wellness promotion. mendous asset to the organization, and choose to study and thereby diversi- By and large, our health care system is we will miss his service. fying the type of student who could po- based on treating illness rather than pre- tentially enroll by constructing venting it: Billions of dollars are spent each President Obama nominated Bill to serve as the Public Printer in April schools in an array of unique locations. year through Medicare, Medicaid, and other In 2009, Midway College president Dr. federal health care programs to pay for 2010, and his nomination was reported health care services once patients get sick. favorably by the Senate Rules Com- William B. Drake, Jr., along with at- Before the Prevention Fund, there was no mittee in July of that year. Because torney G. Chad Perry III, and his wife corresponding, reliable investment in efforts the Senate was unable to confirm Bill Judy Perry, had a vision to create a to promote wellness, prevent disease, and in the 111th Congress, President Obama 15th branch of the college in a small protect against public health or bioterrorism used a recess appointment to install Kentucky town. This new branch would emergencies. be expected to not only strengthen the Prevention is the key to lowering health Bill as the Public Printer in December care costs and creating a long-term path to 2010. Commonwealth but the entire Nation a healthier and economically sound America. Once in office Bill found that the as well. Their dream soon became a re- I urge you to continue our investment in the GPO faced serious financial problems. ality in January of 2010 when Midway Prevention and Public Health Fund. Bill immediately took steps to put College’s board of trustees announced Sincerely, GPO on solid financial footing by cut- plans to open the Midway College JOSEPH A. ANTOLIN, ting spending overhead and other non- School of Pharmacy in Paintsville, KY. Vice President, essential costs. He successfully imple- The small community of Paintsville Heartland Alliance; is located in Johnson County, and, ac- Executive Director, mented a buyout to adjust the size of Heartland Human Care Services, Inc. GPO’s workforce. Perhaps most impor- cording to President Drake, they could not have asked for a more perfect loca- Mr. HARKIN. Mr. President, I yield tant, Bill set up a special task force to tion for the school. The town’s citizens, the floor. collect millions in outstanding pay- Mrs. FEINSTEIN. Mr. President, ments owed to the GPO by other Fed- who strongly care about education, got today I have submitted an amendment eral agencies. These actions saved the involved early with the project and to the pending surface transportation GPO and the taxpayers millions of dol- stepped forward to ensure that reauthorization bill. lars. Paintsville would be the right home for Community colleges are a critical Bill did more than just cut costs. To the school. The new institute of learn- source of education and job training for help Congress reduce its use of printed ing will not only offer over 100 jobs to many individuals. Nationwide, we have documents, Bill ordered the first-ever an area that is suffering from high un- 1,655 community colleges, which enroll survey of all Senate and House offices employment rates but will generate nearly 6 million students. These com- that allowed them to opt out of receiv- around $30 million in revenue each munity colleges will play a big role in ing printed copies of the CONGRES- year. helping Americans develop the skills to SIONAL RECORD and other publications. The climate of our Nation is rapidly be competitive in our 21st century He put the GPO on Facebook, oversaw changing. As baby boomers age and are economy. the release of the GPO’s first mobile now in more medical need than ever In light of the President’s call for job Web app, and drafted a strategic in- before, Midway College is breaking new training assistance, it is imperative vestment plan to modernize the GPO’s grounds in its attempt to combat the that we support programs that help technology. He also presided over the problem. Only four States have greater workers meet the new demands of our observance of the GPO’s 150th anniver- need of pharmacists than Kentucky, a economy. My amendment does just sary and made history himself by ap- State which currently has only two that. pointing as his deputy a seasoned GPO pharmaceutical schools. Midway seeks This amendment ensures that transit official who is the first woman ever to to provide an opportunity to students agencies that partner with community hold that position. in the Appalachian regions of eastern colleges on job training programs are Unfortunately, the Senate did not Kentucky, in hopes that they will take eligible for Federal grants. confirm Bill before the 112th Congress their professional degree and return to

VerDate Mar 15 2010 03:43 Feb 17, 2012 Jkt 019060 PO 00000 Frm 00038 Fmt 4624 Sfmt 0634 E:\CR\FM\A16FE6.026 S16FEPT1 pwalker on DSK7TPTVN1PROD with SENATE February 16, 2012 CONGRESSIONAL RECORD — SENATE S843 their hometowns across the Common- he says has been taxing but worthwhile. ‘‘It’s elevating the level of care to patients in all wealth and make a difference for those like building a whole new culture,’’ he said, practice settings, with special emphasis on in need. describing the many facets of expanding the eastern Kentucky and Appalachia. With that Eighty percent of Kentuckians are college’s already sizable system of location. goal in mind, Midway College has signed an He called the projected $20-million startup agreement with the University of Pikeville still without a college degree. The venture one of the biggest decisions ever for guaranteeing interviews to the top 10 stu- fight to educate citizens of Kentucky the private college, whose roots predate the dents who meet the academic qualifications. wages on, and with the help of forward- Civil War. Similar agreements have been penned be- thinking institutions like Midway Col- Founded in 1847, Midway College has a tween Midway and Eastern Kentucky Uni- lege, the future looks brighter than main campus in Midway, Kentucky, which is versity, Big Sandy Community and Tech- ever before. So today I would like to located between Frankfort and Lexington, nical College, and Morehead State Univer- and offers coursework in 14 different loca- ask my colleagues in the U.S. Senate if sity. These agreements not only benefit the tions across the Commonwealth. In addition students through specific pharmaceutical in- they would join me in recognizing the to offering in-seat coursework in both the struction, but they will allow all schools to faculty and staff of Kentucky’s own traditional and accelerated setting, Midway share their academic resources. Hand in Midway College. offers classes in an online format, providing hand with the University of Pikeville’s Mr. President, the Kentucky publica- additional flexibility for students to have School of Osteopathic Medicine and other tion ‘‘Discover the Power of Southeast the opportunity to obtain their degree. One post-secondary institutions in the area, Mid- Kentucky,’’ published by the Southeast program unique to Midway includes an on- way is looking to show the mountain com- Kentucky Chamber of Commerce, re- line bachelor’s degree in Mining Manage- munities the diverse options that are avail- ment and Safety. This is one of the only pro- cently printed an article extolling Mid- able to them. With 80 percent of Kentuckians grams in the country designed for those without college degrees, the new institution way College and its president, Dr. Wil- working in the mining industry. Midway Col- will offer a fresh new route, a route that’s al- liam B. Drake, Jr. I ask unanimous lege also offers a Masters of Business Admin- ready proving popular with students from consent that said article be printed in istration and will launch a Master of Arts in the area. Fifty-five to 60 percent of the in- the RECORD. Teaching this fall, both of which are offered coming class is from the state, and even There being no objection, the mate- in an online format. more from adjacent mountain communities. rial was ordered to be printed in the The new school is expected to fill a need In keeping with the original vision of Mid- for pharmacists all across the nation. With RECORD, as follows: way and its donors, the new pharmacy school the baby-boomer generation coming into its is by Kentuckians for Kentuckians, strength- [From Discover the Power of Southeast retirement years, there is a call for phar- ening the region through strong ties to sur- Kentucky, Summer 2011] macists not only to care for the aging popu- rounding communities and its renewed out- MIDWAY COLLEGE PRESIDENT DR. WILLIAM B. lace but to replace those ‘‘boomers’’ who are look to higher education. DRAKE, JR. retiring from behind the drug counters them- f Anticipation is in the air as the new Mid- selves. According to industry data, there are way College School of Pharmacy prepares to approximately five applications for each AMBASSADOR SHERRY REHMAN greet its inaugural class. The City of opening at pharmacy schools in the U.S., with even greater need in Appalachia. Only Mr. KERRY. Mr. President, I want to Paintsville, Johnson County, and people welcome Pakistan’s new Ambassador throughout the region are excited about the four states have more difficulty than Ken- arrival of students aspiring to earn the Doc- tucky in filling pharmacists positions, and to the United States, Sherry Rehman. tor of Pharmacy (PharmD) degree. there are only two other pharmacy schools Ambassador Rehman has rightly been Five years ago, the vision of bringing a in Kentucky—the University of Kentucky in described as representing ‘‘the tradi- pharmacy school to eastern Kentucky began Lexington and the Sullivan School in Louis- tional values of Jinnah’s Pakistan.’’ As taking shape in the minds of Paintsville at- ville. a journalist, politician, and diplomat, torney G. Chad Perry III, his wife, Judy, and ‘‘Because of the number of students that apply to pharmacy schools, we could fill en- she has fought tirelessly in defense of the administration of Midway College led by tolerance and moderation and has been Midway College President Dr. William B. rollment with students from California, Drake, Jr. One by one, the people whose sup- there are that many,’’ Dr. Drake said. But, a leading voice for women’s equality port was needed recognized the merit of the he explained, there is a special emphasis on and protection of minority rights. idea and got behind it. One by one the obsta- drawing students from the immediate area. The United States-Pakistan relation- cles to such an ambitious plan were over- ‘‘It has been the intent of those who care ship has been tested this past year, and come. about the school that we look first and fore- while the problems we face are In January 2010, Midway College Board of most at the students from Appalachia’’ he daunting, the basic fact is that sta- Trustees Chairman James J. O’Brien, Chair- said. ‘‘As students graduate from our school bility in Pakistan remains vital to our man and CEO of Ashland, Inc., officially an- they will meet the pressing need that exists national security. Ambassador Rehman nounced that the Midway College School of in Kentucky today for pharmacists.’’ has arrived in Washington at a time of Pharmacy would open in Paintsville. Local Within a year of the official announcement and state government officials were on hand deep mistrust on both sides. A series of about the opening of the school, the process tactical disputes have strained our along with a large crowd gathered for the an- was underway to select the 80 students who nouncement. U.S. Representative Hal Rogers would make up the enrollment of the first strategic partnership. Progress on bed- said, ‘‘This project will bring a hundred good class. More than 430 applications were re- rock national interests has stalled, and paying jobs to the region during a time of ceived for the coveted 80 spots. To date, 25 Pakistan’s internal politics seems ex- high unemployment rates. It also builds edu- faculty and staff members have been hired ceptionally turbulent at this time. cational resources at home to continue the with an anticipated total of approximately Pakistan faces major challenges mission of providing quality opportunities so 100. The school’s faculty salaries will be in today, including an economic and fis- our best and brightest students don’t have to the 60th percentile of pharmaceutical faculty cal crisis, a growing insurgency within leave Kentucky for professional degrees and salaries in the United States. its borders and cities, and chronic en- careers.’’ When asked about the contributions of his In explaining why Midway College chose staff, President Drake said, ‘‘Having a staff ergy shortages. There is increasing Paintsville as the site, President Drake said, like mine, with such an entrepreneurial spir- anxiety in Pakistan about how the war ‘‘The citizens of this community care about it, has been like gold to me.’’ The staff in- ends in Afghanistan and what implica- education and these citizens, as well as the cludes Martha Jean McKenzie Wells (PhD, tions this will have for regional sta- local public officials, have stepped forward MsS) and Emily L. Coleman (PhD, MEd) who bility. Many on both sides are ques- at this unique time to make this school hap- are natives to the area. The school is also tioning the value and meaning of our pen.’’ A two-million dollar campaign took honored to have Dr. Barry Bleidt taking the place in Paintsville to assist with the capital strategic partnership. helm as its Dean. Dr. Bleidt, who earned his The truth is we have a lot of work to expenses of building the new school. The undergraduate degrees in Pharmacy and En- school is expected to generate more than $30 vironmental Geography from the University do to rebuild a productive relationship. million in economic activity annually in the of Kentucky, was formerly a founding mem- Despite our many frustrations and set- Paintsville area. ber of Texas A&M’s Health Science Center backs, we still have more to gain by President Drake said the college could not College and left there as the school’s Pro- finding common ground. Whether it is ask for a more enthusiastic or dedicated fessor of Pharmaceutical Sciences and Asso- finding a political solution in Afghani- community than Paintsville. ‘‘They under- ciate Dean of Academic Affairs. He has also stan, reducing militancy, supporting stand the value of education,’’ he said. ‘‘And held prestigious positions at other pharmacy democracy and civil society, or pro- it is an incredibly attractive place to work, schools in California, Virginia, and Lou- live, and earn your professional degree.’’ isiana. moting economic and development re- Dr. Drake has been making weekly trips to The School of Pharmacy has a vision of ex- forms, the basic fact is that our inter- Johnson County to oversee the process which panding the scope of pharmacy practice and ests do converge. The challenge for all

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And while we have legacy will long endure in the heads often been frustrated by the divergence and hearts of its legions of admirers. Mr. LAUTENBERG. Mr. President, of policies on Afghanistan, it remains But this service organization’s legacy on Saturday, February 11, 2012, New important that we work together to neither begins nor ends there. Jersey lost one of its proudest daugh- further a reconciliation process that is Its service began on February 26, ters and our country lost one of its Afghan led and supported by the re- 1912, when it organized with the aim of brightest stars when Whitney Houston gion’s key players. This is a time for us bettering the ‘‘social, civic and moral’’ died at the untimely age of 48. to be careful, to be thoughtful, and to environment of the Salt Lake City Whitney Houston’s New Jersey roots proceed deliberately but deter- area, and that service has continued run deep. She was born in Newark in minately—as I believe we are—to unabated and on an ever-increasing 1963. She moved to East Orange at age strengthen our relationship and con- scale ever since. 4 and attended high school at Mount front our common challenges. Over the years, members of the Coun- Moreover, I want to emphasize that cil have been a tireless advocate for Saint Dominic Academy in Caldwell. this relationship is not only about the Utah’s youth, supporting child labor The daughter of noted gospel singer threats we face. It is not only about de- laws, visiting nurse and teacher pro- Cissy Houston, Whitney spent her feating militant extremists who grams for children who are ill, respect young life singing in the choir of the threaten the security of both our coun- for the American flag, and the installa- New Hope Baptist Church in Newark. tries. It is also about building a deeper, tion of the first drinking fountains in She never forgot her roots, and even broader, and long term strategic en- public schools. after she became a star, she sometimes gagement with the people of Pakistan. They have further assisted with the returned to New Hope Baptist Church As I have said before, Pakistan’s pros- Boy and Girl Scouts programs and to sing on Easter Sunday. Fittingly, it perity and its security—as well as our helped found a home for troubled girls, is at New Hope Baptist Church that own—depend on it. And I am deter- which has evolved into what is now Whitney’s family and friends will mined to make sure that the kinds of known as the Utah Youth Village. The mourn her loss and celebrate her life projects supported by Kerry-Lugar-Ber- organization has also helped the Utah this Saturday, February 18. man funds remain on track and dem- State Development Center, Alcoholics Anonymous, Ronald McDonald House, Virtually from the moment of the re- onstrate our long term commitment to lease of her debut album, ‘‘Whitney the stability of Pakistan and to the re- and numerous hospitals, nursing Houston,’’ Whitney was an inter- gion itself. homes, and homeless shelters and ani- national superstar. The album spent a Make no mistake: our ability to in- mal shelters, just to name a few. record 14 weeks at the top of the Bill- fluence events in Pakistan is limited, And Utahns have not been the only board charts, and it was the first and we should be realistic about what beneficiaries. During World War I, the album by a female artist to yield three we can achieve. But we cannot allow group provided relief to the embattled events that might divide us in a small and starving Finnish people. When No. 1 hits. One of those hits, ‘‘The way to distract from the shared inter- World War II erupted, the council gave Greatest Love of All,’’ became an an- ests that unite us in a big way. Moham- generously to the USO, American Red them and a symbol of hope. For all of mad Ali Jinnah said it best in his ad- Cross, and War Bond Drives. The coun- us who work to make a better world for dress to Pakistan’s Constituent Assem- cil also has been a strong advocate for our children and grandchildren, the bly in 1947. His words are as relevant in the arts, supporting the Utah Sym- song’s opening line, ‘‘I believe the chil- today’s context as they were then: phony, Ballet West and the Days of ’47, dren are our future,’’ is a constant reminder of our mission. If you will work in cooperation, forgetting Utah’s annual July celebration to com- the past, burying the hatchet, you are bound memorate the 1847 arrival of the Mor- Much more than just a great singer to succeed. mon Pioneers in the Salt Lake Valley. and performer, Whitney was a great pa- The road ahead will be difficult no Today, as the Salt Lake Council of triot and humanitarian. Her perform- doubt. But I look forward to working Women’s centennial anniversary nears, ance of the ‘‘Star Spangled Banner’’ for with Ambassador Rehman as a partner its 200 members—representing 40 orga- Super Bowl XXV in 1991—during the in these efforts in the months and nizations and 5,000 women—are as en- first gulf war—has been hailed as the years to come. gaging and anxiously engaged in the yardstick for other singers performing f community as ever. Along with their our national anthem. Whitney donated continued commitment to the Inter- her proceeds from that performance to RECOGNIZING THE SALT LAKE national Peace Gardens and Utah the American Red Cross Gulf Crisis COUNCIL OF WOMEN Youth Village, council members are in- Fund. When her rendition was re-re- Mr. HATCH. Mr. President, I rise volved with the YWCA, University Hos- leased in the wake of the September 11 today to pay tribute to the Salt Lake pital Project, Wasatch Youth Center, attacks, Whitney donated those pro- Council of Women on the upcoming and with an ever-widening variety of ceeds to firefighters and victims of the 100th anniversary of its founding. special projects. This month, for in- attacks. In the ranks of those who greatly ad- stance, the council will award a college mire this wonderful organization and scholarship to a victim of domestic vi- For her many accomplishments, its exemplary members, I stand front olence, who will be chosen from moth- Whitney received numerous awards, in- and center today to salute them for ers in the YWCA’s long-term transi- cluding 6 Grammys, 2 Emmys, and 22 their accomplishments and out- tional housing program. American Music Awards. But no standing public service. As I do so, I No matter what they do or who they achievement meant more to Whitney am humbled by the magnitude of the serve, members of the Salt Lake Coun- than the birth of her daughter Bobbi task. It is difficult to find the right cil of Women are the embodiment of Kristina in 1993. words that will do justice to their ex- what Mahatma Gandhi called ‘‘the Though her loss will be felt far and traordinary contributions to Utah. spirit of service and sacrifice.’’ As the wide, Whitney’s powerful words—‘‘I be- A century after its founding, this re- council gathers February 25th to cele- lieve the children are our future. Teach markable group has more than lived up brate its 100th anniversary, I add my them well and let them lead the to its motto: ‘‘Community Service for voice to the chorus of praise in salut- way’’—live on in New Jersey, across Civic Improvement.’’ Evidence of its ing its visionary and selfless members, the country, and around the world.

VerDate Mar 15 2010 03:43 Feb 17, 2012 Jkt 019060 PO 00000 Frm 00040 Fmt 4624 Sfmt 0634 E:\CR\FM\G16FE6.064 S16FEPT1 pwalker on DSK7TPTVN1PROD with SENATE February 16, 2012 CONGRESSIONAL RECORD — SENATE S845 ADDITIONAL STATEMENTS its foremothers’ legacy of service and able and underprivileged, both at home advocacy, emphasizing collaboration, and abroad. I join my colleagues in sa- coalition building, and responsiveness luting him for his tireless efforts, TRIBUTE TO CHIEF DONALD F. to community needs. The Junior which have brought joy and comfort to CONLEY League of Baltimore’s recent projects so many. He deserves recognition as a ∑ Ms. AYOTTE. Mr. President, today I include art programs, family support true humanitarian and a true Amer- wish to recognize and congratulate services, and partnerships with various ican patriot.∑ chief of police Donald F. Conley of the organizations such as Read Across f Nashua, NH, Police Department for his America, in addition to its innovative TRIBUTE TO JOHN E. FRAMPTON 32 years of dedicated service to the law nutrition education program designed ∑ enforcement profession, the City of to fight childhood obesity. Mr. GRAHAM. Mr. President, I ask Nashua, and the State of New Hamp- I would ask my colleagues to join me my colleagues to join me in recog- shire. in congratulating the Junior League of nizing John E. Frampton on the occa- After serving in the U.S. Marine Baltimore on 100 years of service to sion of his retirement as director of the Corps, Chief Conley began his law en- Baltimore, and in thanking league South Carolina Department of Natural forcement career with the U.S. Capitol members past and present for all that Resources, SCDNR. John has dedicated the past 35 years Police and then joined the Nashua Po- they have done and are doing to enrich to advancing and improving the State lice Department in 1980. He was pro- the lives of the citizens of Baltimore of South Carolina’s natural resources moted to sergeant in 1988, lieutenant in and Maryland.∑ and quality of life. He has been a tire- 1995, captain in 1998, and deputy chief f less advocate of wildlife preservation of police in 2002. He was named the TRIBUTE TO DR. KENNETH HALL in South Carolina and across the chief of police in 2007. United States. As director of SCDNR, During his long tenure as a police ∑ Mr. CORNYN. Mr. President, today I he served as the chief administrator for chief, Donald Conley has been a leader would like to commend the extraor- natural resources in the State and was in promoting community-oriented po- dinary career of Buckner International responsible for management and super- licing, improving public safety within CEO Dr. Kenneth Hall, who will soon be retiring from the Dallas-based orga- vision of the agency’s five divisions. the State of New Hampshire, and pro- Leading with passion, determination, nization after 19 years of dedicated moting sound public policies and prac- and humility, John has worked to pro- service. Throughout his tenure, he has tices that have helped keep New Hamp- tect and promote South Carolina’s nat- promoted founder R.C. Buckner’s mis- shire one of the safest States in the Na- ural resources at every level around sion of bringing unconditional Chris- tion. Chief Conley has worked tire- the State. John joined SCDNR in 1974 tian love to needy children. Hall has lessly with his peers and with other as an assistant district biologist. Prior been instrumental in expanding the public safety officials to better the ad- to his appointment as director, he scope of Buckner’s activities, which are ministration of justice. served as a regional wildlife biologist, inspired by the biblical principles of As Donald Conley celebrates his re- chief of wildlife, and assistant director tirement, I want to commend him on a James 1:27: ‘‘Religion that God our Fa- for development and national affairs. job well done and ask my colleagues to ther accepts as pure and faultless is On April 2, 2003, Mr. Frampton was se- join me in wishing him and his wife this: to look after orphans and widows lected as the agency’s director by the ∑ Tricia well in all future endeavors. in their distress and to keep oneself SCDNR Board. f from being polluted by the world.’’ John is an active member of multiple A Baptist minister by training, R.C. regional, national, and international RECOGNIZING THE JUNIOR Buckner devoted his life to helping LEAGUE OF BALTIMORE wildlife organizations and served as a children whose families had been dis- past president of both the South- ∑ Mr. CARDIN. Mr. President, I rise placed or broken by war, poverty, and eastern Association of Fish and Wild- today to recognize the 100th anniver- other hardships. The mustard seed of life Agencies and the Association of sary of the Junior League of Balti- Buckner International was planted on Fish and Wildlife Agencies. Because of more. Mary Goodwillie founded the a hot July day in 1877, when Dr. his dedicated leadership and commit- Junior League of Baltimore in 1912 Buckner gathered concerned citizens ment to conservation, John was ap- with the goal of engaging educated around an old oak tree in Paris, TX, pointed to the National Marine Pro- young ladies to help alleviate the ills and asked for their assistance in build- tected Area Federal Advisory Com- of the city. The league members began ing a home for orphans. From a humble mittee by the Secretary of Commerce working with underprivileged women collection that day of $27, Dr. Buckner and appointed to the prestigious Wild- and children in Baltimore. Their early created Buckner Orphans’ Home in life and Hunting Heritage Conservation advocacy efforts helped bring about re- Dallas in 1879. Now known as Buckner Council by the Secretary of Interior duced work hours for women and better Children’s Home, it is one of the oldest and the Secretary of Agriculture in living conditions for children. orphanages west of the Mississippi 2010. Throughout its 100-year history, the River. John’s well-deserved acknowledg- league has harnessed the spirit of vol- One hundred and thirty-five years ments and recognitions highlight the unteerism to help countless families in after the famous oak tree meeting, impact he has had on the conservation Baltimore with projects ranging from a Buckner International is aiding more community at the State and national nursery school for blind and deaf chil- than 400,000 people in countries across level. John has received numerous hon- dren in the 1940s, a drug abuse edu- the world. Dr. Hall became its fifth ors and awards over his career, includ- cation program in the 1970s, and the President and CEO in 1994. Under his ing the International Canvasback Kids in the Kitchen nutrition edu- leadership, the endowment surpassed Award from the North American Wa- cation program today. $200 million, and the organization es- terfowl Management Plan Committee, Once, the league was a volunteer ac- tablished a new global ministry pro- the Clarence W. Watson Award from tivity for well-to-do women; today, it gram. It now does charitable work in the Southeastern Association of Fish is a training ground where women in- China, the Dominican Republic, Egypt, and Wildlife Agencies, the Shooting, terested in nonprofit management, so- Ethiopia, Ghana, Guatemala, Hon- Hunting and Outdoor Trades’, SHOT, cial work, and public service profes- duras, India, Kenya, Mexico, Peru, Rus- Business Person of the Year Award, the sions receive hands-on experience. Vol- sia, Sierra Leone, South Korea, and Henry S. Mosby Award from the Na- unteer activities are designed to em- Vietnam. Buckner also runs several re- tional Wild Turkey Federation, the power diverse women from all walks of tirement communities in Texas, and Captain David Hart Award by the At- life to make a difference in their com- provides an extensive array of services lantic States Marine Fisheries Com- munity. to assist and empower families in cri- mission, and the Seth Gordon Award by The Junior League of Baltimore is sis. the Association of Fish and Wildlife part of the Association of Junior I am grateful for all that Dr. Hall has Agencies. Additionally, John is recog- Leagues International and continues done to improve the lives of the vulner- nized for initiating South Carolina’s

VerDate Mar 15 2010 02:32 Feb 17, 2012 Jkt 019060 PO 00000 Frm 00041 Fmt 4624 Sfmt 0634 E:\CR\FM\G16FE6.017 S16FEPT1 pwalker on DSK7TPTVN1PROD with SENATE S846 CONGRESSIONAL RECORD — SENATE February 16, 2012 Ashepoo, Combahee, and South Edisto, and transformed it into a lifelong, posi- have served as useful examples to our ACE, Basin Project in 1988 and con- tive pursuit that filled a void for many men and women in uniform. I know my tinues to serve on the ACE Basin Task across Michigan. Senate colleagues join me in congratu- Force. He is an invaluable asset to the After his death last month, Ruthann lating Major General Dorko and hon- conservation community and as a lead- was inundated with letters of condo- oring his distinguished record of serv- er has set an example for future lence from across our State. Some of ice to our country. I wish him the best SCDNR directors to follow. these condolence letters even came as he embarks on the next chapter of Born in Summerville, SC, John holds from people Brian had prosecuted, who his life.∑ a bachelor of science degree in marine praised his fairness and decency and f biology from the College of Charleston. expressed sorrow for his loss. To be re- He later received a master of arts in spected by one’s colleagues is a sign of RECOGNIZING DELOITTE LLC teaching degree in biology from the a job well done, but to be respected by ∑ Mr. MENENDEZ. Mr. President, last Citadel and a master of science degree one’s adversaries is the mark of a truly week I had the privilege of speaking at in wildlife biology from Clemson Uni- unique man. Posthumously, Brian was the LATINA Style 50 Awards Ceremony versity. He is a certified wildlife biolo- honored by the Prosecuting Attorneys and Diversity Leaders Conference, gist through the Wildlife Society. Association of Michigan for his out- which is held each year to recognize I ask that the Senate join me in cele- standing service as a prosecutor in leaders in corporate diversity. A pre- brating John Frampton’s lifelong dedi- Kalkaska County, an honor he richly mier and well-respected publication, cation to the South Carolina Depart- deserved. LATINA Style 50 honored Deloitte LLC ment of Natural Resources, the State Brian Donnelly left a legacy of nobil- with its Company of the Year award, in of South Carolina, and our Nation. I ity and dedicated public service for recognition of its commitment to fos- wish John the very best in his future Michigan and for the legal profession. tering an inclusive workplace for endeavors.∑ He will be missed, but his many efforts Latinas and professionals from diverse f and the good he has done will be re- backgrounds and perspectives. I would membered for years to come. Senator like to congratulate Deloitte for re- REMEMBERING BRIAN DONNELLY STABENOW and I are proud to honor him ceiving this honor. ∑ Mr. LEVIN. Mr. President, my col- today.∑ Deloitte has a long legacy of devel- league Senator DEBBIE STABENOW and I f oping leaders and giving back to its would like to pay tribute to Brian Don- communities. From establishing the nelly. The measure of a man is seen TRIBUTE TO MAJOR GENERAL accounting industry’s first women’s from many vantage points, from the JEFFREY J. DORKO initiative in 1993, to operating an ex- family he loves, to the good work he ∑ Mr. LEVIN. Mr. President, I would ternal advisory council, chaired by Dr. has done, to the lives he has positively like to pay tribute to MG Jeffrey J. Sally Ride, that oversees its women’s influenced along the way. By this Dorko, deputy commanding general for initiatives, Deloitte has been a leader measure, Brian Donnelly lived a full military and international operations in promoting diversity in the work- and prosperous life. We see that in the for the U.S. Army Corps of Engineers, place. Deloitte also focuses its efforts words of his adoring and devoted wife who is retiring from Active Duty serv- externally through its support of a and family; we see that in the seem- ice on Friday, February 10, 2012. As we broad range of community groups, in- ingly endless outpouring of affection reflect on the career of this exemplary cluding several that serve Hispanics. from his colleagues, friends, and asso- public servant, I express appreciation Deloitte’s CEO, Joe Echevarria, per- ciates; and we see that even from those for his distinguished and selfless serv- sonifies the career and development op- he prosecuted. ice on behalf of a grateful nation. It is portunities available at the organiza- Brian Donnelly, who died suddenly his sacrifice, along with the sacrifices tion. Of Puerto Rican heritage, Mr. last month, was a dedicated civil serv- of countless others in uniform around Echevarria began working at Deloitte ant from my home State of Michigan. the world, which helps to keep our Na- as an audit recruit from the University He devoted his life to upholding the tion strong and secure. of Miami. Today, he oversees 45,000 pro- law and serving the citizens of Michi- Major General Dorko has accumu- fessionals who specialize in multiple gan. This devotion and commitment lated more than 33 years of service to industries, in nearly 90 U.S. cities. He can be seen through Brian’s 25 years of our country, and, more important, has understands inclusive and empowering service as a prosecutor, most recently amassed an impressive record of ac- policies aren’t just good for his em- for Kalkaska County. Brian was a complishments. His military career ployees—they are good for business. skilled and highly respected litigator began in 1978 as a platoon leader, com- It is a pleasure to congratulate who was known to work long days, pany executive officer, and assistant Deloitte, its employees, and Deloitte often returning to the office after din- battalion operations officer for the CEO, Mr. Joseph Echevarria, on being ner. Brian was admired not only by his 299th Engineer Battalion at Fort Sill, named Company of the Year by colleagues but by those on both sides of OK. Over the next three decades, he LATINA Style 50, and I encourage the bench. His commitment both to his served three tours of duty with the other companies to follow the lead of work and to his family was evident to U.S. Army Corps of Engineers in Ger- Deloitte in growing and developing di- all who knew him. many and was deployed in support of verse talent in their executive suites Brian graduated from Michigan State Operations Joint Endeavor and Joint and boardrooms.∑ University and received his law degree Guard in Bosnia-Herzegovina. f from the University of Michigan From 2007 to 2008, Major General School of Law. He married his wife Dorko assumed command of the U.S. TRIBUTE TO DOYLE ROGERS Ruthann in July of 1987, and they re- Army Engineer Division, Gulf Region, ∑ Mr. PRYOR. Mr. President, for over mained partners for the rest of his life. headquartered in Baghdad, Iraq, in sup- 50 years, Doyle W. Rogers has been a While Brian’s life was full of many suc- port of Operation Iraqi Freedom. And proud resident of the city of Batesville, cesses, he also experienced tragedy. currently, as the deputy commanding AR. Next month, Batesville will honor Brian’s brother, Mac J. Donnelly, Jr., general for military and international him by designating March 6, 2012, as was killed in the line of duty while operations for the U.S. Army Corps of Doyle Rogers Day. Through his many working as a police officer in Lansing, Engineers, Major General Dorko is re- endeavors, Doyle has found success MI, in 1977. His brother’s death helped sponsible for the successful execution through visionary leadership and hard encourage Brian to pursue a successful of more than $28 billion in design, con- work. It is in that spirit that I rise career as a prosecutor. It also led to his struction, and environmental projects. today to recognize a man I consider a continued support of Michigan Con- I know Major General Dorko would great businessman and an even greater cerns of Police Survivors, MI–C.O.P.S, want us to also recognize his family’s Arkansan. an organization dedicated to sup- many sacrifices throughout his exem- Doyle Rogers was born in Diaz, AR, porting the families of fallen officers. plary career. Major General Dorko’s in 1918, and raised in Newport. After at- He took what was a personal tragedy dedicated service and sound leadership tending Arkansas State University in

VerDate Mar 15 2010 03:43 Feb 17, 2012 Jkt 019060 PO 00000 Frm 00042 Fmt 4624 Sfmt 0634 E:\CR\FM\G16FE6.006 S16FEPT1 pwalker on DSK7TPTVN1PROD with SENATE February 16, 2012 CONGRESSIONAL RECORD — SENATE S847 Jonesboro, Doyle enlisted in the Royal from professional athletes and men and women who serve our Nation Canadian Air Force to fight in World NASCAR drivers to several former in uniform. As everyone knew, this was War II before the United States had en- Governors. Doyle Rogers has certainly a part of his very being. tered the war. He then went on to serve earned the honor of being listed as a Emory and Anita then moved to in Burma with the U.S. Army Air great resident of Batesville. Even with Montgomery, where he joined his Corps. His return from the war and Doyle’s business success, he has re- brother, James Folmar, to run a suc- transition into civilian life brought mained humble to his roots, always be- cessful construction and shopping cen- him to Batesville, where he started his lieving in the value of hard work and ter development company. In 1975 professional career. Doyle tried his loving the great city of Batesville. In Mayor Folmar was urged to enter po- hand in several businesses in those 2004, my good friend and former Con- litical life and run for the District 8 early years, even traveling southern gressman Marion Berry said this of seat on the Montgomery City Council. States selling Masonic Bibles, until es- Doyle: He was elected president of the city tablishing the Doyle Rogers Realty and In a day and age when the presiding belief council and became mayor of Mont- Insurance Agency in 1953. is in order to grow up and succeed you must gomery in 1977 in a most remarkable This company would later become escape Rural America, Doyle Rogers and his election. He was elected mayor with 65 the Doyle Rogers Company. This com- family lived in Batesville, Arkansas for more percent of the vote, despite having 57 pany’s real estate projects have shaped than 50 years, proving success comes with competitors. Mayor Folmar went on to the Arkansas landscape and the Little hard work, not a change of zip code. serve as mayor for 22 years until 1999. Rock skyline. In 1982, Doyle’s vision I agree with my former colleague. Mayor Folmar was a fiscal conserv- led to the development and opening of Doyle’s life and work are worthy of ative who was most proud of the finan- the Statehouse Convention Center and praise, and I am proud of the legacy he cial health of the city. He was famous Excelsior Hotel, a world-class facility has built. I know that whatever en- for maintaining a balanced budget and now known as the Peabody Hotel. A deavor Doyle chooses to pursue in the establishing a healthy reserve fund. few years later, Doyle added the Rogers future, he will continue to have a posi- Mayor Folmar was also known to walk Building, a 25-story office tower now tive impact on Batesville and Arkan- municipal ditches and visit public called the Stephens Building. These sas. I ask my colleagues to join me in property in order to ensure that munic- projects still stand proud along the Ar- congratulating Doyle Rogers for this ipal services were operating at peak kansas River in downtown Little Rock honor bestowed on him by the city of performance. He would often say, ‘‘It’s and assisted in the rejuvenation of Batesville and thank him for a job well not what you expect, it’s what you in- business development in downtown Lit- done.∑ spect.’’ He was perhaps one of the tle Rock. f greatest mayors in the history of Ala- bama and one of the best in America. Doyle would go on to purchase Met- REMEMBERING MAYOR EMORY ropolitan National Bank in 1983 and re- He was honest, courageous, a superb MCCORD FOLMAR locate its headquarters to downtown manager, and, quite noticeably, direct Little Rock. He serves as chairman of ∑ Mr. SESSIONS. Mr. President, I wish and plain spoken. the board, and during his tenure the to pay tribute to a friend and the In 1980, Mayor Folmar served as bank has grown to one of the largest in former mayor of Montgomery, AL, State chairman of President Ronald the State. His success with Metropoli- Emory McCord Folmar. He passed on Reagan’s finance committee, and in tan National Bank and his other from this life on November 11, 2011, and 1984, he served as Reagan’s State cam- projects led to his induction into the I wish to honor Mayor Folmar’s cour- paign chairman. In 1982, Mayor Folmar Arkansas Business Hall of Fame in age and service to his country, the ran a competitive race as the Repub- 2006. With this induction, Doyle joined State of Alabama, and the city of lican candidate for the Governor’s of- a prestigious group that includes Sam Montgomery. fice in Alabama. Mayor Folmar also Walton, William Dillard, and Don Mayor Folmar was born in Troy, AL served as the State campaign chairman Tyson. on June 3, 1930, to Marshall Bibb for Bush-Quayle in 1988 and again in Many of Doyle’s friends speak of his Folmar and Miriam Woods Pearson 1992. After retiring from politics, relentless work effort and dedication to Folmar. At the age of 14, the Folmar Mayor Folmar worked as a business the causes he holds dear. Education has family moved to Montgomery, AL, consultant and then was appointed been one of those issues over the years. where he graduated from Sidney Lanier commissioner of the important Ala- He has served on the board of trustees High School in 1948. Mayor Folmar at- bama Beverage Control Board in 2003 of Hendrix College as well as advisory tended the University of Alabama, by Gov. Bob Riley. He served the State boards for the School of Business and where he earned a B.S. in business in in this role until 2011, doing superb School of Law at the University of Ar- just 3 years. During his time at the work making the department leaner kansas in Fayetteville. He holds hon- Capstone, he served as a cadet colonel and more productive. orary degrees from Lyon College and in the Army ROTC and was a member On a personal note, I had the pleas- Philander Smith College. I know these of the Sigma Alpha Epsilon fraternity. ure of working closely with Mayor institutions and countless students Upon graduation, Mayor Folmar re- Folmar when he served as campaign have benefited from Doyle’s business ceived a regular Army commission and chairman for my first campaign for the acumen and visionary leadership. was assigned to the parachute training Senate in 1996. I will always appreciate Doyle attributes much of his success and instructors’ school for the 11th Air- and remember his support throughout to the love and support of his great borne Division of the 2nd Infantry Divi- the years and his leadership in Ala- family. He married the love of his life, sion at Fort Benning, GA. bama. Those of us who knew Mayor the former Josephine Raye Jackson, in He married Anita Pierce in February Folmar know also that he was a man of 1941. Together they have been blessed 1952, immediately prior to his deploy- faith who was an elder at Trinity Pres- with two children, Barbara Rogers ment to the Korean war theatre later byterian Church in Montgomery, AL. Hoover and Doyle W. ‘‘Rog’’ Rogers, that summer. During that intense con- Governor Riley noted how impressed he Jr., and six grandchildren. He noted in flict, Mayor Folmar was wounded in was with Mayor Folmar’s wisdom and an interview with Arkansas Business: combat and received the Silver Star, scriptural knowledge. Emory Folmar The way you enjoy your life is through Bronze Star, and Purple Heart. He also had the reputation in Alabama as an your family. Material things are good, but received the French Croix de Guerre for extremely intelligent, hard-working, being with your family, watching them grow his actions with the 23rd Regiment of honest, and headstrong leader. He was and prosper is probably the greatest reward. the 2nd Infantry Division and French all that and more. Batesville is one of my State’s oldest troops. Following the Korean war, he His dedication to serving the Nation cities. Situated along the White River, was assigned to Fort Campbell, KY, as in military conflict and to serving the it was used as a shipping point decades an airborne jump master until 1954. citizens of the State of Alabama and before Arkansas was granted state- Mayor Folmar was then and until his city of Montgomery, AL, as a public hood. With this history, Batesville has last breath a true American patriot servant will continue to inspire others been home to many notable residents, who loved, respected, and defended the for generations to come. We shall miss

VerDate Mar 15 2010 02:32 Feb 17, 2012 Jkt 019060 PO 00000 Frm 00043 Fmt 4624 Sfmt 0634 E:\CR\FM\G16FE6.025 S16FEPT1 pwalker on DSK7TPTVN1PROD with SENATE S848 CONGRESSIONAL RECORD — SENATE February 16, 2012 his leadership in the public arena. I bination of strength, modesty, and loy- We are pleased to congratulate the feel quite privileged to be a U.S. Sen- alty deep in his character. And to a Lansing Regional Chamber of Com- ator and to have the honor to pay trib- very unusual degree, this remarkable merce on this special occasion and wish ute to Mayor Emory McCord Folmar’s businessman, who never sought the them many more years of success.∑ life and service to this great Nation.∑ limelight, was well known and loved f f throughout our State. Alabama and the Nation have lost MESSAGES FROM THE PRESIDENT REMEMBERING JAMES LUCIEN one of its finest citizen. My sympathy Messages from the President of the HINTON is extended to his family upon this United States were communicated to ∑ Mr. SESSIONS. Mr. President, I wish loss, but they have been given a won- the Senate by Mr. Pate, one of his sec- to remember Mr. James Lucien derful heritage of industry, humility, retaries. ‘‘Jimmy’’ Hinton, who passed away on and public service.∑ f December 3, 2011, in Tuscaloosa, AL, at f EXECUTIVE MESSAGES REFERRED the age of 88. He was one of Alabama’s best known and respected citizens. RECOGNIZING THE LANSING RE- As in executive session the Presiding Mr. Jimmy was born in Tuscaloosa GIONAL CHAMBER OF COM- Officer laid before the Senate messages on April 8, 1923. He grew up in the Lit- MERCE from the President of the United tle Sandy community, attended the ∑ Ms. STABENOW. Mr. President, my States submitting sundry nominations University of Alabama in the 1940s, and colleague Senator CARL LEVIN and I which were referred to the appropriate served in the U.S. Army. In 1958, he would like to pay tribute to the Lan- committees. married Jean Jolly and they had three sing Regional Chamber of Commerce (The nominations received today are children: Jimmy, Jr., Mary Katherine, on the occasion of the 100th anniver- printed at the end of the Senate and Elizabeth. He loved his family and sary of its annual dinner. proceedings.) enjoyed spending time at his farm, From the very first dinner held in f 1912 to the present, the Lansing Re- Sedgefield Plantation, in Dallas Coun- MESSAGES FROM THE HOUSE ty. gional Chamber of Commerce Annual Mr. Jimmy was a highly successful Dinner has played a significant role in At 10:03 a.m., a message from the businessman and involved in many bringing business and community lead- House of Representatives, delivered by businesses during his lifetime, starting ers together to celebrate exciting de- Mrs. Cole, one of its reading clerks, an- his own sawmill company at the age of velopments in the region. Although the nounced that the House has passed the 16. He was engaged in the lumber busi- format of the evening may have following bills, in which it requests the ness, real estate development, a box changed over the years, the mission re- concurrence of the Senate: and pallet factory, automobile busi- mains the same: to serve as the pre- H.R. 2079. An act to designate the facility ness, asphalt business, and the family mier business networking event of the of the United States Postal Service located owned a meat-packing company, R. L. year and to celebrate the contributions at 10 Main Street in East Rockaway, New York, as the ‘‘John J. Cook Post Office’’. Zeigler Co., Inc., where he served as of individuals and organizations that H.R. 3247. An act to designate the facility chairman of the board. He also served make the region great. of the United States Postal Service Located as a board member for the First Na- The group of Lansing area business at 1100 Town and Country Commons in Ches- tional Bank of Tuscaloosa and South- leaders who formed the Lansing Busi- terfield, Missouri, as the ‘‘Lance Corporal ern United Life Insurance Company. In ness Men’s Association certainly paved Matthew P. Pathenos Post Office Building’’. 1999, he was inducted into the Alabama the way for the tradition that is cele- H.R. 3248. An act to designate the facility Business Hall of Fame. brated today. After changing their of the United States Postal Service located Mr. Jimmy loved his family very name to the Lansing Chamber of Com- at 112 South 5th Street in Saint Charles, much and particularly enjoyed hunting merce, Ransom E. Olds, founder of Missouri, as the ‘‘Lance Corporal Drew W. Weaver Post Office Building’’. and fishing with them and his many Oldsmobile, addressed the first annual friends at Sedgefield. He often opened meeting at the Masonic Temple. The ENROLLED BILL SIGNED Sedgefield for national and State field association had encouraged him to The message also announced that the trials and also allowed hunts for per- come back to Lansing from Detroit and Speaker has signed the following en- sons with disabilities and terminal ill- build a factory, which he did. This rolled bill: ness. He began the first Life Hunts for clearly established the chamber as the H.R. 1162. An act to provide the Quileute such hunters over 25 years ago, and community leader in fostering eco- Indian Tribe Tsunami and Flood Protection, and for other purposes. many have benefited from his care and nomic growth and creating jobs. concern. He supported a host of worthy I am very proud that the Lansing The enrolled bill was subsequently causes over his life. Chamber founded the now internation- signed by the President pro tempore In 1998, Jimmy received the Gov- ally known ATHENA Award in 1982. (Mr. INOUYE). ernor’s Award and was named Con- What started as a visionary way to sup- At 2:42 p.m., a message from the servationist of the Year for his dedica- port, develop and honor local women House of Representatives, delivered by tion to conservation in Alabama. leaders, has now become a global move- Mr. Novotny, one of its reading clerks, He was a passionate supporter of the ment with more than 6000 awards pre- announced that pursuant to 36 U.S.C. University of Alabama and its athletics sented in 500 communities in the 2302, and the order of the House of Jan- program. Paul W. ‘‘Bear’’ Bryant and United States, Canada, Russia, the uary 5, 2011, the Speaker appoints the he were famous friends. He served on United Arab Emirates and the United following Member of the House of Rep- the University of Alabama Presidents Kingdom. resentatives to the United States Holo- Cabinet and the Board of Visitors of It is exciting that on February 22, caust Memorial Council: Mr. ISRAEL of the Culverhouse College of Commerce 2012, the 100th Annual Dinner will be New York. and Business Administration. celebrated at the Lansing Center. This f I knew Mr. Jimmy for a number of event will not only celebrate the cham- MEASURES REFERRED years. It was easy to see why he engen- ber’s history and the many people who dered such affection and respect. A de- made things happen over the past 100 The following bills were read the first cisive and strong man, certainly, he years, it will include updates from cur- and the second times by unanimous nevertheless was totally unassuming. rent business leaders and the presen- consent, and referred as indicated: That background of country living, his tation of the 2011 Community Service, H.R. 2079. An act to designate the facility love of hunting and the outdoors, his Outstanding Small Business and Leg- of the United States Postal Service located success in business, and his association acy Awards. at 10 Main Street in East Rockaway, New York, as the ‘‘John J. Cook Post Office’’; to with athletics at the iconic University More than just a dinner, this event the Committee on Homeland Security and of Alabama combined in a special way showcases the businesses and people Governmental Affairs. to shape who he was. People saw him who have helped make this region into H.R. 3247. An act to designate the facility for who he was. There was a rare com- what it is today and shape its future. of the United States Postal Service located

VerDate Mar 15 2010 02:45 Feb 17, 2012 Jkt 019060 PO 00000 Frm 00044 Fmt 4624 Sfmt 0634 E:\CR\FM\G16FE6.018 S16FEPT1 pwalker on DSK7TPTVN1PROD with SENATE February 16, 2012 CONGRESSIONAL RECORD — SENATE S849 at 1100 Town and Country Commons in Ches- titled ‘‘Defense Federal Acquisition Regula- Treasury, transmitting, pursuant to law, the terfield, Missouri, as the ‘‘Lance Corporal tion Supplement; Award Fee Reduction or report of a rule entitled ‘‘Foreign Tax Credit Matthew P. Pathenos Post Office Building’’; Denial for Health or Safety Issues’’ Splitting Events’’ ((RIN1545–BK50) (TD 9577)) to the Committee on Homeland Security and ((RIN0750–AH37) (DFARS Case 2011–D033)) re- received in the Office of the President of the Governmental Affairs. ceived in the Office of the President of the Senate on February 13, 2012; to the Com- H.R. 3248. An act to designate the facility Senate on February 14, 2012; to the Com- mittee on Finance. of the United States Postal Service located mittee on Armed Services. EC–5042. A communication from the Chief at 112 South 5th Street in Saint Charles, EC–5032. A communication from the Acting of the Publications and Regulations Branch, Missouri, as the ‘‘Lance Corporal Drew W. Under Secretary of Defense (Personnel and Internal Revenue Service, Department of the Weaver Post Office Building’’; to the Com- Readiness), transmitting a report on the ap- Treasury, transmitting, pursuant to law, the mittee on Homeland Security and Govern- proved retirement of Vice Admiral John M. report of a rule entitled ‘‘Physical Inspec- mental Affairs. Mateczun, United States Navy, and his ad- tions Pilot Program’’ (Notice 2012–18) re- vancement to the grade of vice admiral on ceived in the Office of the President of the f the retired list; to the Committee on Armed Senate on February 13, 2012; to the Com- Services. mittee on Finance. MEASURES PLACED ON THE EC–5043. A communication from the Chief CALENDAR EC–5033. A communication from the Sec- retary of Commerce, transmitting, pursuant of the Publications and Regulations Branch, The following bill was read the sec- to law, a report relative to the continuation Internal Revenue Service, Department of the Treasury, transmitting, pursuant to law, the ond time, and placed on the calendar: of a national emergency declared in Execu- report of a rule entitled ‘‘Application of Sec- tive Order 13222 with respect to the lapse of S. 2111. A bill to enhance punishment for tion 367 to Section 304 Transactions’’ (Notice the Export Administration Act of 1979; to the identity theft and other violations of data 2012–15) received in the Office of the Presi- Committee on Banking, Housing, and Urban privacy and security. dent of the Senate on February 13, 2012; to Affairs. f the Committee on Finance. EC–5034. A communication from the Direc- EC–5044. A communication from the Assist- MEASURES READ THE FIRST TIME tor of the Regulatory Management Division, ant Secretary, Office of Legislative Affairs, Environmental Protection Agency, transmit- The following bill was read the first Department of State, transmitting, pursuant ting, pursuant to law, the report of a rule en- to law, the report of a rule entitled ‘‘Visas: time: titled ‘‘Greenhouse Gas Reporting Program: Issuance of Full Validity L Visas to Quali- S. 2118. A bill to remove unelected, unac- Electronics Manufacturing (Subpart I): Revi- fied Applicants’’ (22 CFR part 41) received in countable bureaucrats from seniors’ personal sions to Heat Transfer Fluid Provisions’’ the Office of the President of the Senate on health decisions by repealing the Inde- (FRL No. 9633–5) received in the Office of the February 13, 2012; to the Committee on For- pendent Payment Advisory Board. President of the Senate on February 14, 2012; eign Relations. to the Committee on Environment and Pub- EC–5045. A communication from the Acting f lic Works. Chief Executive Officer, Corporation for Na- EXECUTIVE AND OTHER EC–5035. A communication from the Direc- tional and Community Service, transmit- COMMUNICATIONS tor of the Regulatory Management Division, ting, pursuant to law, the Corporation’s fis- Environmental Protection Agency, transmit- cal year 2013 Congressional Budget Justifica- The following communications were ting, pursuant to law, the report of a rule en- tion and fiscal year 2011 Annual Performance laid before the Senate, together with titled ‘‘Approval and Promulgation of Imple- Report; to the Committee on Health, Edu- accompanying papers, reports, and doc- mentation Plans; State of Missouri’’ (FRL cation, Labor, and Pensions. uments, and were referred as indicated: No. 9632–7) received in the Office of the Presi- EC–5046. A communication from the Direc- dent of the Senate on February 14, 2012; to tor of Regulations and Policy Management EC–5027. A communication from the Direc- the Committee on Environment and Public Staff, Food and Drug Administration, De- tor of the Regulatory Management Division, Works. partment of Health and Human Services, Environmental Protection Agency, transmit- EC–5036. A communication from the Direc- transmitting, pursuant to law, the report of ting, pursuant to law, the report of a rule en- tor of the Regulatory Management Division, a rule entitled ‘‘Revisions to Labeling Re- titled ‘‘Pasteuria nishizawae—Pn 1; Exemp- Environmental Protection Agency, transmit- quirements for Blood and Blood Components, tion From the Requirement of a Tolerance’’ ting, pursuant to law, the report of a rule en- Including Source Plasma; Correction’’ (FRL No. 9337–2) received in the Office of the titled ‘‘Quality Assurance Requirements for (Docket No. FDA–2003–N–0097) received in the President of the Senate on February 14, 2012; Continuous Opacity Monitoring Systems at Office of the President of the Senate on Feb- to the Committee on Agriculture, Nutrition, Stationary Sources’’ (FRL No. 9630–7) re- ruary 13, 2012; to the Committee on Health, and Forestry. ceived in the Office of the President of the Education, Labor, and Pensions. EC–5028. A communication from the Direc- Senate on February 14, 2012; to the Com- EC–5047. A communication from the Sec- tor of the Regulatory Management Division, mittee on Environment and Public Works. retary of Health and Human Services, trans- Environmental Protection Agency, transmit- EC–5037. A joint communication from the mitting, pursuant to law, a report entitled ting, pursuant to law, the report of a rule en- Secretary of Health and Human Services and ‘‘Fiscal Year 2011 Performance Report to titled ‘‘Aureobasidium pullulans strains the Attorney General, transmitting, pursu- Congress for the Medical Device User Fee Amendments of 2007’’; to the Committee on DSM 14940 and DSM 14941; Exemption From ant to law, an annual report relative to the the Requirement of a Tolerance’’ (FRL No. Health, Education, Labor, and Pensions. Health Care Fraud and Abuse Control Pro- EC–5048. A communication from the Mem- 9337–3) received in the Office of the President gram for fiscal year 2011; to the Committee of the Senate on February 14, 2012; to the bers of the Railroad Retirement Board, on Finance. transmitting, pursuant to law, the Board’s Committee on Agriculture, Nutrition, and EC–5038. A communication from the Sec- Congressional Justification of Budget Esti- Forestry. retary of Health and Human Services, trans- EC–5029. A communication from the Direc- mates Report for fiscal year 2013; to the mitting, pursuant to law, the fiscal year 2011 Committee on Health, Education, Labor, and tor of the Regulatory Management Division, Report on the progress to date on imple- Environmental Protection Agency, transmit- Pensions. menting Congressionally mandated goals EC–5049. A communication from the In- ting, pursuant to law, the report of a rule en- and responsibilities of the Medicare-Med- spector General of the Railroad Retirement titled ‘‘Spirotetramat; Pesticide Tolerances icaid Coordination Office; to the Committee Board, transmitting, pursuant to law, the In- for Emergency Exemptions’’ (FRL No. 9332–9) on Finance. spector General’s Budget Justification Re- received in the Office of the President of the EC–5039. A communication from the Chair- port for fiscal year 2013; to the Committee on Senate on February 14, 2012; to the Com- man of the United States International Health, Education, Labor, and Pensions. mittee on Agriculture, Nutrition, and For- Trade Commission, transmitting, pursuant EC–5050. A communication from the Direc- estry. to law, the Commission’s Annual Perform- tor, Administrative Office of the United EC–5030. A communication from the Direc- ance Report for fiscal year 2011 and Adden- States Courts, transmitting, pursuant to tor of Defense Procurement and Acquisition dum to the Strategic Plan for fiscal years law, a report relative to time limitations es- Policy, Department of Defense, transmit- 2009–2014; to the Committee on Finance. tablished for deciding habeas corpus death ting, pursuant to law, the report of a rule en- EC–5040. A communication from the Chief penalty petitions; to the Committee on the titled ‘‘Defense Federal Acquisition Regula- of the Publications and Regulations Branch, Judiciary. tion Supplement; Business Systems-Defini- Internal Revenue Service, Department of the EC–5051. A communication from the Gen- tion and Administration’’ ((RIN0750–AG58) Treasury, transmitting, pursuant to law, the eral Counsel and Acting Executive Director, (DFARS Case 2009–D038)) received in the Of- report of a rule entitled ‘‘Definition of a Tax- U.S. Election Assistance Commission, trans- fice of the President of the Senate on Feb- payer’’ ((RIN1545–BF73) (TD 9576)) received in mitting, pursuant to law, a report entitled ruary 14, 2012; to the Committee on Armed the Office of the President of the Senate on ‘‘Fiscal Year 2011 Activities’’; to the Com- Services. February 13, 2012; to the Committee on Fi- mittee on Rules and Administration. EC–5031. A communication from the Direc- nance. EC–5052. A communication from the Sec- tor of Defense Procurement and Acquisition EC–5041. A communication from the Chief retary of the Commission, Bureau of Com- Policy, Department of Defense, transmit- of the Publications and Regulations Branch, petition, Federal Trade Commission, trans- ting, pursuant to law, the report of a rule en- Internal Revenue Service, Department of the mitting, pursuant to law, the report of a rule

VerDate Mar 15 2010 05:00 Feb 17, 2012 Jkt 019060 PO 00000 Frm 00045 Fmt 4624 Sfmt 0634 E:\CR\FM\A16FE6.030 S16FEPT1 pwalker on DSK7TPTVN1PROD with SENATE S850 CONGRESSIONAL RECORD — SENATE February 16, 2012 entitled ‘‘Revised Jurisdictional Thresholds are allowed to receive for purposes of section certain steam generating units; to the Com- for Section 8 of the Clayton Act’’ received in 487 of the Higher Education Act of 1965, and mittee on Environment and Public Works. the Office of the President of the Senate on for other purposes; to the Committee on f February 13, 2012; to the Committee on Com- Health, Education, Labor, and Pensions. merce, Science, and Transportation. By Mr. WEBB (for himself, Mr. REED, SUBMISSION OF CONCURRENT AND EC–5053. A communication from the Acting and Mr. BROWN of Ohio): SENATE RESOLUTIONS S. 2117. A bill to increase access to adult Director, Office of Sustainable Fisheries, De- The following concurrent resolutions partment of Commerce, transmitting, pursu- education to provide for economic growth; to ant to law, the report of a rule entitled the Committee on Finance. and Senate resolutions were read, and ‘‘Fisheries of the Exclusive Economic Zone By Mr. CORNYN (for himself, Mr. referred (or acted upon), as indicated: Off Alaska; Reallocation of Pollock in the BURR, Mr. COBURN, Mr. ROBERTS, Mr. By Mr. KERRY: Bering Sea and Aleutian Islands’’ (RIN0648– BLUNT, Mr. GRASSLEY, Mr. LEE, Mr. S. Res. 379. An original resolution con- XA940) received in the Office of the President PAUL, Mr. COATS, Mr. INHOFE, Mr. demning violence by the Government of of the Senate on February 14, 2012; to the ISAKSON, Mr. RISCH, Mr. HELLER, Mr. Syria against the Syrian people; from the Committee on Commerce, Science, and BARRASSO, Mr. COCHRAN, Mr. RUBIO, Committee on Foreign Relations; placed on Transportation. Mr. MORAN, Mr. JOHANNS, Mr. THUNE, the calendar. EC–5054. A communication from the Ad- and Mr. CRAPO): By Mr. GRAHAM (for himself, Mr. LIE- ministrator, National Aeronautics and Space S. 2118. A bill to remove unelected, unac- BERMAN, Mr. CASEY, Ms. AYOTTE, Mr. Administration, transmitting, pursuant to countable bureaucrats from seniors’ personal BLUMENTHAL, Mr. BOOZMAN, Mr. law, a report entitled ‘‘National Aeronautics health decisions by repealing the Inde- BROWN of Massachusetts, Mr. BROWN and Space Administration: Acquisition Ap- pendent Payment Advisory Board; read the of Ohio, Mr. CARDIN, Mr. CHAMBLISS, proach for Commercial Crew Transportation first time. Mr. COATS, Ms. COLLINS, Mr. COONS, Includes Good Practices, but Faces Signifi- By Mr. UDALL of Colorado (for him- Mr. CORNYN, Mrs. GILLIBRAND, Mr. cant Challenges’’; to the Committee on Com- self, Mr. CARPER, Mr. COONS, Mr. HATCH, Mr. HELLER, Mr. HOEVEN, merce, Science, and Transportation. FRANKEN, and Mr. UDALL of New Mrs. HUTCHISON, Mr. INHOFE, Mr. Mexico): MCCAIN, Mrs. MCCASKILL, Mr. f S. 2119. A bill to establish a pilot program MENENDEZ, Ms. MIKULSKI, Mr. NEL- REPORTS OF COMMITTEES to address overweight/obesity among chil- SON of Florida, Mr. NELSON of Ne- dren from birth to age 5 in child care set- braska, Mr. PORTMAN, Mr. PRYOR, Mr. The following reports of committees tings and to encourage parental engagement; RISCH, Mr. SCHUMER, Mr. UDALL of were submitted: to the Committee on Health, Education, Colorado, Mr. WYDEN, Ms. SNOWE, Mr. By Mr. KERRY, from the Committee on Labor, and Pensions. VITTER, Mr. ISAKSON, and Mr. SES- Foreign Relations, without amendment with By Ms. MURKOWSKI (for herself, Mr. SIONS): a preamble: BROWN of Ohio, and Mr. BROWN of S. Res. 380. A resolution to express the S. Res. 379. An original resolution con- Massachusetts): sense of the Senate regarding the importance demning violence by the Government of S. 2120. A bill to require the lender or of preventing the Government of Iran from Syria against the Syrian people. servicer of a home mortgage upon a request acquiring nuclear weapons capability; to the by the homeowner for a short sale, to make Committee on Foreign Relations. f a prompt decision whether to allow the sale; to the Committee on Banking, Housing, and f EXECUTIVE REPORTS OF Urban Affairs. ADDITIONAL COSPONSORS COMMITTEE By Ms. KLOBUCHAR: S. 102 The following executive reports of S. 2121. A bill to modify the Department of nominations were submitted: Defense Program Guidance relating to the At the request of Mr. MCCAIN, the award of Post-Deployment/Mobilization Res- name of the Senator from North Caro- By Mr. LEAHY for the Committee on the pite Absence administrative absence days to lina (Mrs. HAGAN) was added as a co- Judiciary. members of the reserve components to ex- Kristine Gerhard Baker, of Arkansas, to be sponsor of S. 102, a bill to provide an empt any member whose qualified mobiliza- optional fast-track procedure the United States District Judge for the Eastern tion commenced before October 1, 2011, and District of Arkansas. continued on or after that date, from the President may use when submitting re- John Z. Lee, of Illinois, to be United States changes to the program guidance that took scission requests, and for other pur- District Judge for the Northern District of effect on that date; to the Committee on poses. Illinois. Armed Services. S. 418 George Levi Russell, III, of Maryland, to be By Mr. PAUL (for himself and Mr. At the request of Mr. HARKIN, the United States District Judge for the District LEE): of Maryland. S. 2122. A bill to clarify the definition of name of the Senator from California John J. Tharp, Jr., of Illinois, to be United navigable waters, and for other purposes; to (Mrs. FEINSTEIN) was added as a co- States District Judge for the Northern Dis- the Committee on Environment and Public sponsor of S. 418, a bill to award a Con- trict of Illinois. Works. gressional Gold Medal to the World (Nominations without an asterisk By Mr. ENZI (for himself, Mr. ALEX- War II members of the Civil Air Patrol. were reported with the recommenda- ANDER, Ms. AYOTTE, Mr. BARRASSO, S. 491 Mr. BLUNT, Mr. BOOZMAN, Mr. BURR, tion that they be confirmed.) At the request of Mr. PRYOR, the Mr. CHAMBLISS, Mr. COATS, Mr. f COBURN, Mr. COCHRAN, Ms. COLLINS, name of the Senator from Montana Mr. CORKER, Mr. CORNYN, Mr. CRAPO, (Mr. BAUCUS) was added as a cosponsor INTRODUCTION OF BILLS AND Mr. DEMINT, Mr. GRAHAM, Mr. GRASS- of S. 491, a bill to amend title 38, JOINT RESOLUTIONS LEY, Mr. HATCH, Mr. HELLER, Mr. United States Code, to recognize the The following bills and joint resolu- HOEVEN, Mrs. HUTCHISON, Mr. INHOFE, service in the reserve components of tions were introduced, read the first Mr. ISAKSON, Mr. JOHANNS, Mr. JOHN- the Armed Forces of certain persons by and second times by unanimous con- SON of Wisconsin, Mr. KYL, Mr. LEE, honoring them with status as veterans Mr. LUGAR, Mr. MCCAIN, Mr. MCCON- sent, and referred as indicated: under law, and for other purposes. NELL, Mr. MORAN, Mr. PAUL, Mr. By Mr. RUBIO: PORTMAN, Mr. RISCH, Mr. ROBERTS, S. 543 S. 2115. A bill to limit the authority of the Mr. RUBIO, Mr. SESSIONS, Mr. SHELBY, At the request of Mr. WYDEN, the Administrator of the Environmental Protec- Ms. SNOWE, Mr. THUNE, Mr. TOOMEY, name of the Senator from Mississippi tion Agency with respect to certain numeric Mr. VITTER, and Mr. WICKER): (Mr. WICKER) was added as a cosponsor nutrient criteria, and for other purposes; to S.J. Res. 36. A joint resolution providing of S. 543, a bill to restrict any State or the Committee on Environment and Public for congressional disapproval under chapter 8 Works. of title 5, United States Code, of the rule local jurisdiction from imposing a new By Mr. CARPER (for himself, Mr. submitted by the National Labor Relations discriminatory tax on cell phone serv- WEBB, Mr. HARKIN, Mrs. HAGAN, Mrs. Board relating to representation election ices, providers, or property. MCCASKILL, Mr. ROCKEFELLER, Mr. procedures; to the Committee on Health, S. 648 JOHNSON of South Dakota, and Mr. Education, Labor, and Pensions. At the request of Mrs. GILLIBRAND, FRANKEN): By Mr. INHOFE: S. 2116. A bill to count revenues from mili- S.J. Res. 37. A joint resolution to dis- the name of the Senator from Hawaii tary and veteran education programs toward approve a rule promulgated by the Adminis- (Mr. AKAKA) was added as a cosponsor the limit on Federal revenues that certain trator of the Environmental Protection of S. 648, a bill to require the Commis- proprietary institutions of higher education Agency relating to emission standards for sioner of Social Security to revise the

VerDate Mar 15 2010 05:00 Feb 17, 2012 Jkt 019060 PO 00000 Frm 00046 Fmt 4624 Sfmt 0634 E:\CR\FM\A16FE6.036 S16FEPT1 pwalker on DSK7TPTVN1PROD with SENATE February 16, 2012 CONGRESSIONAL RECORD — SENATE S851 medical and evaluation criteria for de- (Mr. WHITEHOUSE) was added as a co- ator from New York (Mr. SCHUMER), termining disability in a person diag- sponsor of S. 1787, a bill to amend the the Senator from New Jersey (Mr. nosed with Huntington’s Disease and to Internal Revenue Code of 1986 to im- MENENDEZ) and the Senator from Lou- waive the 24-month waiting period for pose a tax on certain trading trans- isiana (Mr. VITTER) were added as co- Medicare eligibility for individuals dis- actions. sponsors of S. 2099, a bill to amend the abled by Huntington’s Disease. S. 1796 Federal Deposit Insurance Act with re- S. 810 At the request of Mr. ISAKSON, the spect to information provided to the At the request of Ms. CANTWELL, the name of the Senator from Louisiana Bureau of Consumer Financial Protec- name of the Senator from New Jersey (Mr. VITTER) was added as a cosponsor tion. (Mr. MENENDEZ) was added as a cospon- of S. 1796, a bill to make permanent the S. 2104 sor of S. 810, a bill to prohibit the con- Internal Revenue Service Free File At the request of Mr. CARDIN, the ducting of invasive research on great program. name of the Senator from Arkansas apes, and for other purposes. S. 1884 (Mr. BOOZMAN) was added as a cospon- S. 905 At the request of Mr. DURBIN, the sor of S. 2104, a bill to amend the Water At the request of Mr. HARKIN, the name of the Senator from Pennsyl- Resources Research Act of 1984 to reau- name of the Senator from Vermont vania (Mr. CASEY) was added as a co- thorize grants for and require applied (Mr. LEAHY) was added as a cosponsor sponsor of S. 1884, a bill to provide water supply research regarding the of S. 905, a bill to amend the Internal States with incentives to require ele- water resources research and tech- Revenue Code of 1986 to allow a credit mentary schools and secondary schools nology institutes established under against income tax for the purchase of that Act. hearing aids. to maintain, and permit school personnel to administer, epinephrine at AMENDMENT NO. 1516 S. 1086 schools. At the request of Mr. MCCAIN, the At the request of Mr. HARKIN, the name of the Senator from North Caro- names of the Senator from Maine (Ms. S. 1906 At the request of Mr. TESTER, the lina (Mrs. HAGAN) was added as a co- COLLINS) and the Senator from sponsor of amendment No. 1516 in- Vermont (Mr. SANDERS) were added as name of the Senator from California (Mrs. FEINSTEIN) was added as a co- tended to be proposed to S. 1813, a bill cosponsors of S. 1086, a bill to reauthor- to reauthorize Federal-aid highway and ize the Special Olympics Sport and sponsor of S. 1906, a bill to modify the Forest Service Recreation Residence highway safety construction programs, Empowerment Act of 2004, to provide and for other purposes. assistance to Best Buddies to support Program as the program applies to AMENDMENT NO. 1520 the expansion and development of men- units of the National Forest System At the request of Mr. BLUNT, the toring programs, and for other pur- derived from the public domain by im- name of the Senator from Georgia (Mr. poses. plementing a simple, equitable, and ISAKSON) was added as a cosponsor of S. 1161 predictable procedure for determining amendment No. 1520 intended to be pro- At the request of Mr. GRASSLEY, the cabin user fees, and for other purposes. posed to S. 1813, a bill to reauthorize name of the Senator from Wyoming S. 1925 Federal-aid highway and highway safe- (Mr. ENZI) was added as a cosponsor of At the request of Mr. LEAHY, the ty construction programs, and for S. 1161, a bill to amend the Food Secu- names of the Senator from Ohio (Mr. other purposes. rity Act of 1985 to restore integrity to BROWN) and the Senator from Hawaii AMENDMENT NO. 1549 and strengthen payment limitation (Mr. INOUYE) were added as cosponsors rules for commodity payments and of S. 1925, a bill to reauthorize the Vio- At the request of Mr. CARDIN, the benefits. lence Against Women Act of 1994. names of the Senator from Massachu- setts (Mr. KERRY), the Senator from S. 1494 S. 1971 New Jersey (Mr. LAUTENBERG), the Sen- At the request of Mrs. BOXER, the At the request of Mr. INHOFE, the ator from Colorado (Mr. UDALL), the name of the Senator from New Mexico name of the Senator from South Da- Senator from New Hampshire (Mrs. (Mr. UDALL) was added as a cosponsor kota (Mr. THUNE) was added as a co- SHAHEEN) and the Senator from of S. 1494, a bill to reauthorize and sponsor of S. 1971, a bill to provide for Vermont (Mr. SANDERS) were added as amend the National Fish and Wildlife the establishment of a committee to cosponsors of amendment No. 1549 in- Foundation Establishment Act. assess the effects of certain Federal tended to be proposed to S. 1813, a bill S. 1503 regulatory mandates and to provide for to reauthorize Federal-aid highway and At the request of Mr. BROWN of Mas- relief from those mandates, and for highway safety construction programs, sachusetts, the name of the Senator other purposes. and for other purposes. from Ohio (Mr. PORTMAN) was added as S. 2017 a cosponsor of S. 1503, a bill to decrease AMENDMENT NO. 1562 At the request of Mr. CARDIN, the At the request of Mr. LIEBERMAN, the the deficit by realigning, consoli- name of the Senator from Vermont dating, selling, disposing, and improv- names of the Senator from Delaware (Mr. SANDERS) was added as a cospon- (Mr. CARPER) and the Senator from ing the efficiency of Federal buildings sor of S. 2017, a bill to secure the Fed- and other civilian real property, and Massachusetts (Mr. BROWN) were added eral voting rights of persons when re- for other purposes. as cosponsors of amendment No. 1562 leased from incarceration. S. 1526 intended to be proposed to S. 1813, a S. 2043 At the request of Mrs. GILLIBRAND, bill to reauthorize Federal-aid highway the name of the Senator from West At the request of Mr. RUBIO, the and highway safety construction pro- name of the Senator from Ohio (Mr. Virginia (Mr. ROCKEFELLER) was added grams, and for other purposes. as a cosponsor of S. 1526, a bill to PORTMAN) was added as a cosponsor of AMENDMENT NO. 1613 amend the Internal Revenue Code of S. 2043, a bill to amend title XXVII of At the request of Mr. BEGICH, the 1986 to provide a tax incentive for the the Public Health Service Act to pro- name of the Senator from Michigan installation and maintenance of me- vide religious conscience protections (Ms. STABENOW) was added as a cospon- chanical insulation property. for individuals and organizations. sor of amendment No. 1613 intended to S. 1773 S. 2075 be proposed to S. 1813, a bill to reau- At the request of Mr. BROWN of Ohio, At the request of Mr. LEVIN, the thorize Federal-aid highway and high- the name of the Senator from Rhode Is- name of the Senator from Alaska (Mr. way safety construction programs, and land (Mr. WHITEHOUSE) was added as a BEGICH) was added as a cosponsor of S. for other purposes. cosponsor of S. 1773, a bill to promote 2075, a bill to close unjustified cor- AMENDMENT NO. 1625 local and regional farm and food sys- porate tax loopholes, and for other pur- At the request of Mr. JOHANNS, the tems, and for other purposes. poses. name of the Senator from Indiana (Mr. S. 1787 S. 2099 COATS) was added as a cosponsor of At the request of Mr. HARKIN, the At the request of Mr. JOHNSON of amendment No. 1625 intended to be pro- name of the Senator from Rhode Island South Dakota, the names of the Sen- posed to S. 1813, a bill to reauthorize

VerDate Mar 15 2010 03:42 Feb 17, 2012 Jkt 019060 PO 00000 Frm 00047 Fmt 4624 Sfmt 0634 E:\CR\FM\A16FE6.040 S16FEPT1 pwalker on DSK7TPTVN1PROD with SENATE S852 CONGRESSIONAL RECORD — SENATE February 16, 2012 Federal-aid highway and highway safe- ployment services, the Workforce In- school diploma. As a result, the bill ty construction programs, and for vestment Act, has not been reauthor- will inevitably increase the number of other purposes. ized for more than 10 years. Only about high school graduates who go on to col- AMENDMENT NO. 1649 one in four adults with less than a high lege, and update and expand the job At the request of Mrs. GILLIBRAND, school education participates in any skills of the U.S. workforce. All of this the names of the Senator from Con- kind of further education or training. is relevant to my longstanding per- necticut (Mr. BLUMENTHAL) and the There are other signs pointing to the sonal goal of promoting basic economic Senator from Minnesota (Ms. KLO- need for a better approach to adult fairness in our society. BUCHAR) were added as cosponsors of education. Consider adult education Other provisions of the Adult Edu- amendment No. 1649 intended to be pro- enrollment rates. In 1998 there were cation and Economic Growth Act will posed to S. 1813, a bill to reauthorize more than 4 million individuals en- improve workers’ readiness to meet the Federal-aid highway and highway safe- rolled in adult education programs. In demands of a global workforce by pro- ty construction programs, and for 2007, enrollments had dropped to just 2 viding pathways to obtain basic skills, other purposes. million. This is a 40 percent drop from job training, and adult education. AMENDMENT NO. 1652 when the Workforce Investment Act The act will provide workers with At the request of Mr. HARKIN, the was originally enacted in 1998. greater access to on-the-job training A growing number of U.S. skilled name of the Senator from Michigan and adult education by encouraging workers are facing retirement age and (Ms. STABENOW) was added as a cospon- public-private partnerships between the growth in skilled labor force has sor of amendment No. 1652 intended to government, business and labor. stagnated. Addressing the looming be proposed to S. 1813, a bill to reau- skills shortage in many sectors and re- The act will improve access to cor- thorize Federal-aid highway and high- gions in the U.S., through reinvest- rectional education programs to chan- way safety construction programs, and ment in our adult education system, nel former offenders into productive for other purposes. will result in an educated and literate endeavors and reduce recidivism. AMENDMENT NO. 1661 adult population. The act will encourage investment in At the request of Ms. KLOBUCHAR, the According to the Workforce Alliance, lower skilled workers by providing em- names of the Senator from Vermont 80 percent of jobs in today’s economy ployers with a tax credit if they invest (Mr. SANDERS) and the Senator from require some education beyond a high in their employee’s education. This tax Colorado (Mr. UDALL) were added as co- school degree. Yet there are 8 million credit is aimed at encouraging general sponsors of amendment No. 1661 in- adults in the workforce who have low and transferable skills development tended to be proposed to S. 1813, a bill literacy, limited English proficiency, that may be in the long term interest to reauthorize Federal-aid highway and or lack educational credentials beyond of most employers but are not always highway safety construction programs, high school. so clearly rewarded by the market. and for other purposes. With so many workers who are unem- This act focuses on addressing the f ployed or underemployed, it is clear unique needs of adults with limited STATEMENTS ON INTRODUCED that we should invest in the training or basic skills, with no high school di- BILLS AND JOINT RESOLUTIONS re-training of U.S. workers to fill this ploma, or with limited English pro- growing gap. ficiency. Those individuals who may By Mr. WEBB (for himself, Mr. Our legislation begins the vital task have taken a different path earlier in REED, and Mr. BROWN of Ohio): of addressing these problems. life, and who now find themselves eager S. 2117. A bill to increase access to Today, we are proposing a four- to go back to school and receive addi- adult education to provide for eco- pronged approach to strengthen the tional job training and skills, should be nomic growth; to the Committee on Fi- Nation’s workforce. First, we want to provided opportunities to get back on nance. build ‘‘on ramps’’ for American work- track. Mr. WEBB. Mr. President, today I am ers who need new skills and a better I encourage my colleagues to support reintroducing the Adult Education and education in order to improve their this important endeavor. Our Nation’s Economic Growth Act of 2012. This bill lives. Currently our adult education workforce and local communities will will address the critical needs in our programs are operating in silos and it be stronger for it. workforce by investing in adult edu- is critical that we improve the adult cation, job training and other work- education system through partnerships By Mr. UDALL of Colorado (for force programs needed to build a strong with businesses and workforce develop- himself, Mr. CARPER, Mr. and competitive 21st century work- ment groups. Just as importantly, we COONS, Mr. FRANKEN, and Mr. force. I am pleased to be joined in this want to encourage employers to help UDALL of New Mexico): initiative by Senators JACK REED and them, by offering tax credits to busi- S. 2119. A bill to establish a pilot pro- SHERROD BROWN. An identical bill has nesses that invest in their employees. gram to address overweight/obesity been reintroduced in the House of Rep- This government has long provided em- among children from birth to age 5 in resentatives by Congressman HINOJOSA. ployers with limited tax credits when child care settings and to encourage By almost any measure, our Nation they help their employees go to college parental engagement; to the Com- faces a critical need to strengthen ex- or graduate school. It is basic logic and mittee on Health, Education, Labor, isting programs of adult education. Our to the national good, that we should and Pensions. current adult education system falls provide similar incentives for basic short in preparing our people to com- adult education. Mr. UDALL of Colorado. Mr. Presi- pete globally. In fact, fewer than 3 mil- Second, we must modernize the deliv- dent, today I am introducing the lion of the 93 million people who could ery system of adult education by har- Healthy Kids from Day One Act—a bill benefit from these services actually re- nessing the increased use of technology that will add another tool to our tool- ceive them. in workforce skills training and adult box for tackling the national epidemic The U.S. labor market has changed education. The bill provides incentives of childhood obesity. Today, about one dramatically with the advent of new to states and local service providers to in three children is either overweight technology and with the loss of jobs in increase their use of technology and or obese, and nearly 21 percent of our the manufacturing sector. The need for distance learning in adult education. littlest ones—those in preschool—are well-trained and highly skilled workers Many adult learners cannot afford the obese or overweight. This problem has has increased. At the same time, our time or money to travel to a classroom become an epidemic, and I want to adult education system, which should and deploying technology will help thank Senators COONS, CARPER, effectively prepare our low-skill work- meet this need. FRANKEN, and TOM UDALL for joining ers to meet the demands of this shift- Third, our bill establishes stronger me in introducing this important legis- ing economy, has not kept pace with assessment and accountability meas- lation. this changing workforce. ures. The Healthy Kids from Day One Act Since 2002, the Federal Government This bill authorizes a rather modest seeks to focus on the childcare setting has consistently decreased funding for $500 million increase in funding to in- as a part of our strategy to combat adult education. In addition, the Na- vigorate state and local adult edu- childhood obesity and get kids healthy tion’s primary Federal resource for cation programs nationwide to increase and moving again. This bill recognizes adult education, job training and em- the number of adults with a high that in order to reduce the prevalence

VerDate Mar 15 2010 03:42 Feb 17, 2012 Jkt 019060 PO 00000 Frm 00048 Fmt 4624 Sfmt 0634 E:\CR\FM\A16FE6.041 S16FEPT1 pwalker on DSK7TPTVN1PROD with SENATE February 16, 2012 CONGRESSIONAL RECORD — SENATE S853 of childhood obesity, we must reach By Mr. ENZI (for himself, Mr. from the regulated community, which children in as many settings as pos- ALEXANDER, Ms. AYOTTE, Mr. was clearly quite engaged on the pro- sible and particularly in the places BARRASSO, Mr. BLUNT, Mr. posal, it would certainly have received where they live, learn, and play. With BOOZMAN, Mr. BURR, Mr. CHAM- even more comments. Yet this rel- 75 percent of U.S. children aged 3 to 5 BLISS, Mr. COATS, Mr. COBURN, atively small agency reported that it years in childcare and 56 percent in Mr. COCHRAN, Ms. COLLINS, Mr. gone through all 65,957 comments in centers, including nursery schools, CORKER, Mr. CORNYN, Mr. just the 7 weeks they took to release a preschools, and full-day centers, it CRAPO, Mr. DEMINT, Mr. GRA- modified rule, which was then final- makes sense to focus on the preschool HAM, Mr. GRASSLEY, Mr. HATCH, ized. The rule was finalized just days and childcare environment. Experts are Mr. HELLER, Mr. HOEVEN, Mrs. before the board lost its quorum with increasingly acknowledging this set- HUTCHISON, Mr. INHOFE, Mr. the expiration of Member Becker’s re- ting as critical to obesity prevention. ISAKSON, Mr. JOHANNS, Mr. cess appointment term. Under any cir- For example, this past October the JOHNSON of Wisconsin, Mr. KYL, cumstances, a rulemaking this hasty Robert Wood Johnson Foundation re- Mr. LEE, Mr. LUGAR, Mr. looks suspicious. In this case, there is leased a research synthesis on how MCCAIN, Mr. MCCONNELL, Mr. simply no justification for the rush. childcare settings can promote healthy MORAN, Mr. PAUL, Mr. Today’s secret ballot elections occur eating and physical activity. Further- PORTMAN, Mr. RISCH, Mr. ROB- in a median timeframe of 38 days. more, an article in the January 2012 ERTS, Mr. RUBIO, Mr. SESSIONS, Unions win more than 71 percent of issue of Pediatrics examined barriers Mr. SHELBY, Ms. SNOWE, Mr. elections—their highest win rate on to children’s physical activity in THUNE, Mr. TOOMEY, Mr. VIT- record. The current system does not childcare. TER, and Mr. WICKER): disadvantage labor unions at all. But it Childcare providers want to create S.J. Res. 36. A joint resolution pro- does ensure there is fairness for the healthy environments for children but viding for congressional disapproval employees whose right it is to make vary in the expertise or resources need- under chapter 8 of title 5, United the decision of whether or not to form ed to achieve this goal. This legislation States Code, of the rule submitted by a union, to pay union dues, and to have builds on a bill I introduced with Sen- the National Labor Relations Board re- some of their dues go into political ator FRANKEN in 2010 by supporting the lating to representation election proce- campaigns and have the full oppor- establishment of childcare collabo- dures; to the Committee on Health, tunity to hear from both sides about rative workshops at the local level to Education, Labor, and Pensions. the ramifications of that decision—to offer childcare providers the tools, Mr. ENZI. Mr. President, I rise today have the time to get full disclosure. training, and assistance they need to after introducing a Congressional Re- There is supposed to be a poster that encourage healthy eating and physical view Act Resolution of Disapproval to notifies employees of their right not to activity. This bill supplements some of stop the National Labor Relations have their money go into political the work being done right now by the Board’s unfair and unnecessary ambush campaigns, but this administration has First Lady in her Let’s Move Child elections rule. I am pleased that 43 fel- taken that off of the poster so they are Care initiative, as it would bring to- low Senators have cosponsored this no longer informed of that right. gether, in interactive collaborative resolution. I know it will draw more This principle of law has been upheld learning sessions, relevant entities support on the Senate floor as people over nearly seven decades. It was Sen- needed for meaningful childhood-obe- learn the details of the new rule. ator John F. Kennedy who argued dur- sity prevention. This administration’s National Labor Obesity has serious health and eco- ing the debate over the 1959 amend- Relations Board has done a lot of con- ments to the law, saying: nomic consequences. It puts our chil- troversial things, but the ambush elec- dren at greater risk of costly but pre- tions rule stands out because it is a po- There should be at least a 30-day interval ventable chronic illnesses, such as dia- between the request for an election and the liticized and unjustified effort to make holding of an election . . . in which both par- betes, heart disease, and stroke. Obe- a fair system less fair, and it is being ties can present their viewpoints. sity also comes at a tremendous cost to rushed into effect over tremendous ob- Frankly, whenever I hear a govern- our society. The total economic cost is jection. ment decision that aims to limit infor- estimated at $300 billion annually, and, The National Labor Relations Act, mation available to citizens and de- as the Nation’s youth continues to age, which the National Labor Relations press free speech, I am very concerned. further costs will be added to the na- Board enforces, is a carefully balanced tional health care system if these law that protects the rights of employ- It was that sort of agenda that was be- trends continue. Obesity also has im- ees to join or not join a union and also hind the card check legislation which pacted our ability to recruit healthy, protects the rights of employers to free was defeated in the Senate. Let me re- young servicemembers into the mili- speech and unrestricted flow of com- peat that. It was that sort of agenda tary and maintain a strong national merce. that was behind the card check legisla- defense. Since it was enacted in 1935, changes tion that was defeated in the Senate. I My childhood and much of my adult to this statute have been rare. When am afraid this rule has been hatched in life has been spent in the great out- they do occur, it is the result of careful the same laboratory, and I hope it will doors, and I have tried to bring my en- negotiations with all the stakeholders. meet the same fate. thusiasm for being active and exploring Most of the questions that come up The ambush elections rule eliminates the world around us here to the U.S. under the law are handled through de- the 25-day waiting period to conduct Congress as a cochair of the Senate cisions of the board. Board decisions elections in cases where a party has Outdoor Recreation Caucus. I firmly often do change the enforcement of the filed a preelection request for review. believe that we need to reconnect folks law significantly, but they are issued It effectively eliminates the oppor- with the idea that being active is fun in response to an actual dispute and an tunity for parties to voice objections and rewarding, and it can help us lower actual question of law. In contrast, the and settle issues before the elections health care costs and improve the qual- ambush elections rule is not a response and limits the ability to address them ity of life here in America. to a real issue because the current elec- after elections as well. I would like to thank Nemours, Trust tion process for certifying whether em- What are we trying to hide? The ef- for America’s Health, the YMCA of the ployees want to form a union is not fect of these changes will be union cer- USA, the American Academy of Pediat- broken. tification elections held in as few as 10 rics, and the American Heart Associa- This rule was not carefully nego- days. Union organizers will hand-select tion for working with me to develop tiated by stakeholders. Instead, it was members of the bargaining unit, and this legislation. This bill builds upon rushed into place over just 6 months, any review of the appropriateness of their expertise with obesity preven- despite the fact that it drew over 65,000 the unit makeup or status of employ- tion. comments in the 2-month period after ees who may qualify as supervisors will I urge my colleagues to join me in it was first proposed. be postponed until after the election— the fight against childhood obesity by Had the board held the comment pe- something always done before the elec- supporting this bill. riod open longer to allow more input tion. Employees will be voting on

VerDate Mar 15 2010 05:00 Feb 17, 2012 Jkt 019060 PO 00000 Frm 00049 Fmt 4624 Sfmt 0634 E:\CR\FM\G16FE6.065 S16FEPT1 pwalker on DSK7TPTVN1PROD with SENATE S854 CONGRESSIONAL RECORD — SENATE February 16, 2012 whether to form a union without any The President has redefined a recess NATIONAL ASSOCIATION idea of who will actually be in the bar- appointment in order to keep it going. OF MANUFACTURERS, gaining unit. There is no law that allowed that. Washington, DC, February 16, 2012. Hon. MICHAEL B. ENZI, Employers will be caught off guard There is no change that has been made and potentially flying blind with re- Ranking Member, Committee on Health, Edu- that would allow a President to do cation, Labor and Pensions, U.S. Senate, gard to their rights under the law, par- something different than has ever been Washington, DC. ticularly small businesses. Union orga- done before. But he did it. He redefined DEAR SENATOR ENZI: On behalf of the Na- nizers spend months, if not years, orga- the recess appointment in order to tional Association of Manufacturers (NAM), nizing and spreading their message to keep the Board going. I am writing to express manufacturers’ the employees, unbeknownst to the strong support for S.J. Res. 36, the ‘‘Resolu- employer. So when a union files a rep- A few weeks ago, National Labor Re- tion of Disapproval’’ of the National Labor resentation petition, employers are al- lations Board Chairman Pearce an- Relations Board’s (NLRB) rule relating to ready at a significant disadvantage in nounced that he intends to push representation election procedures. educating employees about their views through even more controversial The NAM is the nation’s largest industrial trade association, representing small and on unionization. Employers also use changes to the elections rules before large manufacturers in every industrial sec- this time to consult with their attor- the end of the year. He is planning to tor and in all 50 states. The NAM’s mission neys to ensure their actions are per- require a mandatory hearing 7 days is to enhance the competitiveness of the missible under the law. Shortening the after a petition is filed. Employers manufacturing economy by advocating poli- time period will increase the likelihood would be forced to file a position state- cies that are conducive to U.S. economic that employers will act hastily, open- ment on important legal questions at growth. The NLRB’s rule relating to representation ing themselves to unfair labor practice the hearing or lose the right to subse- charges that have very severe con- election procedures, finalized in December, quently argue those issues. He plans to represents one of many recent actions and sequences. require employers to provide personal I am particularly concerned about decisions made by the NLRB, stifling eco- employee information to union orga- nomic growth and job creation. These ac- the small businesses that will be am- tions would burden manufacturers with bushed under this rule. Instead of fo- nizers, such as e-mail addresses, within 2 days. Do you think the employees harsh rules, making it harder to do business cusing on growing and creating more in the United States. The rule would limit jobs, they will be swamped with legal want to be harassed with e-mails? I what issues and evidence can be presented at issues, with bargaining obligations, a doubt it. These changes would com- a pre-election hearing, potentially leaving less flexible workforce, and increased pletely cripple any employer’s ability important questions unresolved until after costs across the board. Most small to have a voice in the decisionmaking an election has taken place, making these businesses likely have no idea about process, let alone a small employer’s. questions moot. the changes being made by the Na- Furthermore, the rule would also elimi- Enacting a resolution of disapproval nate the current 25–day ‘‘grace period,’’ com- tional Labor Relations Board because of the ambush elections rule would pre- pressing the time frame for elections to the rule was rushed into place so hast- vent Chairman Pearce from promul- occur in approximately 20 days. Business ily. gating these destruction changes. It owners would effectively be stripped of legal Instead of directing the National would not roll back any rights or privi- rights ensuring a fair election and those who Labor Relations Board to focus on en- leges, it would simply return these lack resources, or in house legal expertise, forcing current law rather than am- will be left scrambling to navigate and un- bushing small business job creators and workplace rules to current law. Cur- derstand complex labor processes with too their employees, President Obama has rent law. Not current rule, current law. little time. Moreover, employees will be de- stacked the Board with unconstitu- It just returns it to the workplace nied the ability to make fully informed deci- tional recess appointees and requested rules we have under current law. I will sions about whether they want to join a union. Finally, the NLRB has not provided a $15 million increase in their budget. remind my colleagues that current law is a fair system under which employees any evidence such a rule is needed in order He simply doesn’t understand. He to address a systematic problem of represen- doesn’t get it. retain the right to decide by secret bal- tation election delays. Absent any justifica- By passing this resolution through lot election whether to form a union. tion, the NAM believes the rule is unneces- both the House and Senate, we will Elections occur in a median of 38 days, sary and will create problems where none strike a victory for those on the side of and unions win 71 percent of the elec- currently exist. job creation and fairness to employees. tions. S.J. Res. 36 would send a strong message to It will also send a very important mes- the NLRB and rein in the agency, whose ac- I ask unanimous consent to have sage to a runaway agency. Under this tions have resulted in the most dramatic printed in the RECORD letters of sup- changes to labor law in 75 years, threatening administration, the National Labor Re- port from a number of groups. the ability of business owners to create and lations Board has been more controver- retain jobs. We look forward to continuing to sial than most observers can ever re- There being no objection, the mate- work with you on our shared goals for a member. They have flouted the inten- rial was ordered to be printed in the strong economy, job creation and promoting tions of Congress repeatedly. RECORD, as follows: fair and balanced labor laws. NLRB REPRESENTATION ELECTION STATUS THROUGH THE YEARS

Election Fiscal year Cases agreement % Median days 56-day %

2011 ...... 2010 ...... 1790 92 .1 38 95.1 2009 ...... 1690 91 .9 37 95.5 2008 ...... 2085 91 .8 38 95.1 2007 ...... 2080 91 .2 39 93.9 2006 ...... 2296 91 .1 38 94.2 2005 ...... 2715 89 39 93.6 2004 ...... 2537 89 39 93.6 2003 ...... 2659 88 .5 40 92.5 2002 ...... 2871 86 .1 41 91 2001 ...... 2842 88 .2 40 N/A 10 year Average ...... 2356 89 .9 38.9 93.8

NATIONAL RESTAURANT ASSOCIATION, of the Congressional Review Act (CRA) to The ambush election regulations would, in February 15, 2012. challenge the National Labor Relations practice, deny employees’ proper access to MICHAEL B. ENZI, Board’s (NLRB) decision to issue ‘‘ambush information on unions, while restricting em- Ranking Member, Senate Health, Education, election’’ regulations. These regulations ployers’ rights of free speech and due proc- Labor, & Pensions,Washington, DC. make it more difficult for small businesses ess. Specifically, the ambush election regula- DEAR SENATOR ENZI: We write on behalf of to respond and educate their employees dur- tions restrict an employer’s ability to raise the National Restaurant Association to coming union election campaigns. substantive issues and concerns prior to a mend you on your leadership urging the use union election, such as allowing the NLRB

VerDate Mar 15 2010 03:34 Feb 17, 2012 Jkt 019060 PO 00000 Frm 00050 Fmt 4624 Sfmt 0634 E:\CR\FM\G16FE6.066 S16FEPT1 pwalker on DSK7TPTVN1PROD with SENATE February 16, 2012 CONGRESSIONAL RECORD — SENATE S855 to limit the issues raised at a pre-election the NLRB will fuel economic uncertainty On behalf of millions of job creators con- hearing and preventing an employer from and have serious negative ramifications for cerned with mounting threats to the basic raising objections to the size and scope of a millions of American workers. We applaud tenets of free enterprise, the Coalition for a unit. you for introducing S.J. Res. 36 and urge Democratic Workplace thanks you for intro- The ambush election regulations would Congress to immediately pass this much- ducing S.J. Res. 36 and its companion resolu- also eliminate the requirement that a union needed resolution. tion in the House of Representatives, which election not be held within 25 days after a Sincerely, provide for congressional disapproval and hearing judge rules on pre-election matters. GEOFFREY G. BURR, nullification of the National Labor Relations As NLRB Board Member Brian Hayes points Vice President, Federal Affairs. Board’s (NLRB or Board) rule related to rep- out, the intent of the ambush election regu- resentation election procedures. This ‘‘am- lations is to ‘‘eviscerate an employer’s le- NATIONAL RETAIL FEDERATION, bush’’ election rule is nothing more than the gitimate opportunity to express its views February 16, 2012. Board’s attempt to placate organized labor about collective bargaining.’’ Hon. MICHAEL B. ENZI, by effectively denying employees’ access to We praise your leadership on this issue and U.S. Senate, 379A Russell Senate Office Build- critical information about unions and strip- look forward to assisting you as this matter ing, Washington, DC. ping employers of free speech and dues proc- moves toward a floor vote in the US Senate. DEAR SENATOR ENZI: On behalf of the Na- ess rights. The rule poses a threat to both Sincerely, tional Retail Federation (NRF), I am writing employees and employers. We support S.J. ANGELO I. AMADOR, ESQ., to you urge your support for the Joint Reso- Res. 36 and its House companion and urge Vice President Direc- lution of Disapproval challenging the Na- Congress to immediately pass these much- tor, Labor & Work- tional Labor Relations Board’s (NLRB) rule needed resolutions, which will nullify the force Policy. on ambush elections. Senator Mike Enzi has ambush election proposal. The Coalition for a Democratic Workplace, MICHELLE REINKE introduced this resolution, and NRF urges a group of more than 600 organizations, has NEBLETT, you to support this legislation. been united in its opposition to the so-called Director, Labor & As the world’s largest retail trade associa- ‘‘Employee Free Choice Act’’ (EFCA) and Workforce Policy. tion and the voice of retail worldwide, NRF’s global membership includes retailers of all EFCA alternatives that pose a similar threat to workers, businesses and the U.S. econ- ASSOCIATED BUILDERS sizes, formats and channels of distribution as omy. Thanks to the bipartisan group of AND CONTRACTORS, INC., well as chain restaurants and industry part- elected officials who stood firm against this February 16, 2012. ners from the United States and more than damaging legislation, the threat of EFCA is The Hon. MICHAEL B. ENZI, 45 countries abroad. In the U.S., NRF rep- less immediate this Congress. Politically U.S. Senate, resents an industry that includes more than powerful labor unions, other EFCA sup- Washington, DC. 3.6 million establishments and which di- porters, and their allies in government are DEAR SENATOR ENZI: On behalf of Associ- rectly and indirectly accounts for 42 million not backing down, however. Having failed to ated Builders and Contractors (ABC), a na- jobs—one in four U.S. jobs. The total U.S. achieve their goals through legislation, they tional association with 74 chapters rep- GDP impact of retail is $2.5 trillion annu- are now coordinating with the Board and the resenting more than 22,000 merit shop con- ally, and retail is a daily barometer of the Department of Labor (DOL) in what appears struction and construction-related firms, I health of the nation’s economy. Senator Enzi’s resolution will relieve the to be an all-out attack on job-creators and am writing to thank you for introducing S.J. serious threat to both employees and em- employees in an effort to enact EFCA Res. 36, which provides for congressional dis- ployers posed by a recently finalized NLRB through administrative rulings and regula- approval and nullification of the National rule regarding election timing. The rule, an- tions. Labor Relations Board’s (NLRB) rule related nounced December 21, 2011, would drastically On June 21, 2011, the Board proposed its to representation election procedures. ABC change the process for union representation ambush election rule, which was designed to supports S.J. Res. 36 and urges Congress to elections and would severely limit worker significantly speed up the existing union immediately pass this much-needed resolu- access to information needed to make an in- election process and limit employer partici- tion, which will nullify the ambush election formed decision about whether or not to vote pation in elections. At the time, Board Mem- proposal. in favor of a union. ber Hayes warned that ‘‘the proposed rules The ambush election rule is nothing more The average amount of time that elapses will (1) shorten the time between filing of than the Board’s attempt to promote the in- in a NLRB election is presently 37 days. the petition and the election date, and (2) terests of organized labor by effectively de- Under the new rule, a vote could happen in substantially limit the opportunity for full nying employees access to critical informa- as few as fourteen days, leaving an employer evidentiary hearing or Board review on con- tion about the pros and cons of union rep- little time to prepare for an election. More- tested issues involving, among other things, resentation. Stripping employers of free over, since a union can be organizing for an appropriate unit, voter eligibility, and elec- speech and the ability to educate their em- election and talking to employees for up to tion misconduct.’’ Hayes noted the effect ployees, the rule poses a threat to both em- a year before a formal petition for an elec- would be to ‘‘stifle debate on matters that ployees and employers. tion is submitted to the NLRB, the new rule demand it.’’ The Board published a final rule In August, ABC criticized the NLRB pro- severely tilts the playing field against em- on December 22, 2011, with an April 30, 2012 posed ambush rule that could dramatically ployers. As a result, the quality and quantity effective date. While it somewhat modified shorten the time frame for union organizing of information available to employees in the original proposal, the final rule is iden- elections from the current average of 38 days consideration of the issue will be severely tical in purpose and similar in effect to the to as few as 10 days between when a petition unbalanced; and the rights of employees who proposal. is filed and the election occurs. ABC sub- do not favor the union position will be un- The NLRB’s own statistics reveal the aver- mitted comments to the NLRB stating the dermined. age time from petition to election was 31 proposed rule would significantly impede the This action by the NLRB, taken along with days, with over 90% of elections occurring ability of construction industry employers a series of other extraordinary rulings over within 56 days. There is no indication that to protect their rights in the pre-election the course of the last nine months, are noth- Congress intended a shorter election time hearing process; hinder construction employing more than an attempt to impose the Em- frame, and indeed, based on the legislative ers ability to share facts and information re- ployee Free Choice Act (card-check) on em- history of the 1959 amendments to the Na- garding union representation with their employees and employers through regulation. tional Labor Relations Act, it is clear Con- ployees; and impose numerous burdens with- We urge you to strongly reject this ‘‘back- gress believed that an election period of at out any reasoned justification on small door’’ card check agenda by a board of least 30 days was necessary to adequately as- merit shop businesses and their employees, unelected bureaucrats and restore balance to sure employees the ‘‘fullest freedom’’ in ex- which constitute the majority of the con- the organizing process so that we can start ercising their right to choose whether they struction industry. In the largest response removing the economic uncertainty facing wish to be represented by a union. As then on record, the NLRB received more than both employers and employees. Senator John F. Kennedy Jr. explained, a 30- 70,000 comments regarding the proposal, NRF is fully behind Senator Enzi’s effort, day period before any election was a nec- many of which strongly opposed the changes. and we urge you to support the Joint Resolu- essary ‘‘safeguard against rushing employees The Board published a final rule on Decem- tion of Disapproval. We look forward to into an election where they are unfamiliar ber 22, 2011, with an April 30, 2012 effective working with the Senate to move this Reso- with the issues.’’ Senator Kennedy stated date. While it somewhat modified the origi- lution forward. ‘‘there should be at least a 30-day interval nal proposal, disposing of the rigid seven- Sincerely, between the request for an election and the and two-day requirements, the final rule is DAVID FRENCH, holding of the election’’ and he opposed an identical in purpose and similar in effect to Senior Vice President, Government Relations. amendment that failed to provide ‘‘at least the August proposal. 30 days in which both parties can present At this time of economic challenges, it is COALITION FOR A their viewpoints.’’ unfortunate that the NLRB continues to DEMOCRATIC WORKPLACE, The current election time frames are not move forward with policies that threaten to February 16, 2012. only reasonable, but permit employees time paralyze the construction industry and stifle DEAR SENATORS ENZI AND ISAKSON AND to hear from both the union and the em- job growth. If left unchecked, the actions of REPRESENTATIVES KLINE, ROE AND GINGREY: ployer and make an informed decision, which

VerDate Mar 15 2010 03:34 Feb 17, 2012 Jkt 019060 PO 00000 Frm 00051 Fmt 4624 Sfmt 0634 E:\CR\FM\A16FE6.053 S16FEPT1 pwalker on DSK7TPTVN1PROD with SENATE S856 CONGRESSIONAL RECORD — SENATE February 16, 2012 would not be possible under the ambush elec- quirements in these EPA rules that re- 11-percent rate increase on average tion rule. In fact, in other situations involv- quire different industries to do things that it would cost if we were to pass ing ‘‘group’’ employee issues, Congress re- where there is no technology available this Utility MACT under the regula- quires that employees be given at least 45 to allow them to get that done. So the tions of the utilities. This would send days to review relevant information in order to make a ‘‘knowing and voluntary’’ deci- Utility MACT is one of the most expen- ripple effects throughout the economy, sion. (This is required under the Older Work- sive environmental rules in American causing approximately 1.4 million net ers Benefit Protection Act when employees history, second only to President job losses by 2020. And it is not just evaluate whether to sign an age discrimina- Obama’s cap-and-trade rules, which he jobs in the coal industry that would be tion release in the context of a program of- was unable to achieve legislatively. affected. fered to a group or class of employees.) Also, Left untouched, the Utility MACT Dr. Bernard Weinstein of the Maguire in many cases, employers, particularly small would destroy over 1 million jobs and Energy Institute at Southern Meth- ones, will not have enough time under the cost the American economy billions of odist University has estimated EPA’s rule’s time frames to secure legal counsel, let alone an opportunity to speak with em- dollars. air rules could endanger 1 million man- ployees about union representation or re- My CRA, the Congressional Review ufacturing jobs outside of the coal and spond to promises union organizers may Act, will be the moment of truth for a utility industry losses. Workers re- have made to secure union support, even majority in this body who understand cently laid off in Ohio, Kentucky, and though many of those promises may be com- how harmful the Obama EPA regu- West Virginia are feeling the dev- pletely unrealistic. Given that union orga- latory agenda will be for their con- astating impacts of the rule. Sadly, nizers typically lobby employees for months stituents. Remember, last year at this these lost jobs are all part of Obama’s outside the workplace without an employer’s time 64 Senators voted in different wider war on coal and fossil fuels. knowledge, these ‘‘ambush’’ elections would ways to rein in the EPA’s destructive You might remember that he admit- often result in employees’ receiving only half the story. They would hear promises of greenhouse gas regulations. I had a bill ted this was his goal in the campaign raises and benefits that unions have no way to take away the jurisdiction from the of 2008 when he said: of guaranteeing, without an opportunity for Environmental Protection Agency to If somebody wants to build a coal-fired the employer to explain its position and the regulate greenhouse gases. It was plant they can. It’s just that it will bankrupt possible inaccuracies put forward by the called the Energy Tax Prevention Act. them. And under my plan of a cap-and-trade union. At the same time, there was another I system, electricity rates would necessarily For these reasons, we thank you for intro- call a cover vote. Sometimes when you skyrocket. ducing S.J. Res. 36 and its House companion want to tell people at home that you When the cap-and-trade failed, and urge Congress to immediately pass these Obama began aggressively pursuing much-needed resolutions. If left unchecked, are against something, you can have a the actions of the NLRB will fuel economic less maybe severe vote, and there hap- these goals through an executive regu- uncertainty and have serious negative rami- pens to be a cover vote that takes latory barrage of unelected bureau- fications for millions of employers, U.S. place. crats. So companies such as Solyndra workers they have hired or would like to The bottom line is 64 of the 100 Sen- got big cash payoffs while a regulatory hire, and consumers. ators voted to do something about the train wreck was unleashed by the EPA Sincerely, overregulation that is coming out of to destroy America’s fossil fuel indus- GEOFFREY BURR, try. Chairman. the Environmental Protection Agency. That particular one was on the regula- The political climate is much dif- Mr. ENZI. Mr. President, I look for- tion that would be the most expensive ferent now than it was in the days ward to the opportunity to debate this of all. when global warming alarmists could resolution on the floor, and I thank the The Utility MACT I am offering the bask in their historical gloom-and- Senators who have joined me as origi- CRA on now is probably the second doom predictions about the end of the nal cosponsors. most expensive. But to refresh your world. Now, President Obama wouldn’t I yield the floor, and I suggest the ab- memory, in order to have the EPA dare say anything like that because sence of a quorum. the American people no longer are buy- The PRESIDING OFFICER. The have jurisdiction of the greenhouse ing it. Instead, he has begun touting oil clerk will call the roll. gases, they had to somehow come up and gas development and saying he is The assistant editor of the Daily Di- with an endangerment finding. They for an all-out, all-of-the-above energy gest proceeded to call the roll. did, and they based it on the IPCC science that gave rise to the concern strategy. In an election year, he knows By Mr. INHOFE: that was exposed in climategate. I the American people want the hun- S.J. Res. 37. A joint resolution to dis- think everyone understands that was dreds of thousands of jobs and afford- approve a rule promulgated by the Ad- flawed science. But, nonetheless, that able energy prices that come with do- ministrator of the Environmental Pro- is what they used. That is why we were mestic oil and gas. tection Agency relating to emission able to get two-thirds of this body to But he is clearly still determined to standards for certain steam generating object to the EPA regulating green- achieve his global warming agenda. His units; to the Committee on Environ- house gases. war on affordable energy is moving un- ment and Public Works. I think the bottom line now is that derneath the radar and wrapped in lies Mr. INHOFE. Mr. President, I want there are more than a dozen Senate about protecting public health. Make to announce that I introduced a resolu- Democrats who have claimed they no mistake, the train wreck will tion of disapproval just a few minutes want to rein in the EPA because they achieve all of Obama’s global warming ago under the Congressional Review know the devastating impact the Agen- objectives, and it will severely under- Act. cy’s regulatory train wreck will have mine our Nation’s economy in the A lot of people don’t know what the at home. The Senators understand if process. So I will spend just a moment Congressional Review Act is, but it is their constituents lose their jobs as a on that. an act that will allow Congress to look result of these overregulations, they When President Obama could not at some of the regulations. If there is might lose their jobs. achieve cap-and-trade through legisla- something they don’t believe is in the So today the Senate can look forward tion, he said he would just do it best interest of the country, they are to having one more opportunity to through regulations. EPA’s greenhouse able to introduce something to rescind stand up to President Obama’s war on gas regime will cost American families that. It would call for a vote, and the affordable energy. They can vote for between $300 billion and $400 billion a vote would be a 51-vote. So it is one this CRA which will put a halt to one year. This is important because no one that has not been used very much, but of the Obama EPA’s most expensive has refuted this. We have gone through it is a measure that would prevent, in and economically destructive rules. the Kyoto convention, and that was a this case the Obama EPA, from going Under the Utility MACT, it would range that was given to us by the through with its Utility MACT. cost American families—and nobody Wharton econometrics survey at that MACT is the maximum achievable disagrees with this—the range is be- time. And several others chimed in— control technology. That is used quite tween $11 billion and $18 billion in elec- MIT chimed in, CRA chimed in. So the often because there are sometimes re- tricity rate increases. That is over an cost of regulating greenhouse gas

VerDate Mar 15 2010 03:34 Feb 17, 2012 Jkt 019060 PO 00000 Frm 00052 Fmt 4624 Sfmt 0634 E:\CR\FM\A16FE6.056 S16FEPT1 pwalker on DSK7TPTVN1PROD with SENATE February 16, 2012 CONGRESSIONAL RECORD — SENATE S857 would be about $300 billion to $400 bil- security, yet he stopped the Keystone nent. It is interesting that only yester- lion a year. Pipeline. day President Obama sent his Energy When we talk about billions and tril- I am very proud of a lot of Senators Secretary, Steven Chu, to Georgia, to lions of dollars, I am like everybody in here who have talked about it. Sen- take credit for the 5,800 jobs that will else. I have a hard time seeing how ator HOEVEN, for example, is very fa- be created when two new nuclear reac- that really affects us. In my State of miliar with it because of the produc- tors are built there. As Secretary Chu Oklahoma, I regularly determine each tion in his State. We are talking about said yesterday: year how many families in my State of the sands up in Alberta and bringing In his State of the Union Address, Presi- Oklahoma are going to file a tax re- them down through the United States. dent Obama outlined a blueprint for an turn, and then I do the math. This par- I am interested in this because Cush- American economy that is built to last and ticular one, at $300 billion a year, ing, OK, happens to be one of the inter- develops every available source of American would cost each family filing a tax re- sections that is there for the pipeline. energy. Nuclear power is an important part turn in my State of Oklahoma about So here is something there is abso- of that blueprint. $3,000 a year. Now, that is not just lutely no reason to do away with ex- Yes, nuclear power is so important once, that would be every year. cept to kill oil because we know the that President Obama forgot to men- What do you get for it? And this is pipeline is going to bring oil down into tion it in his very long State of the the thing that I think is important, the United States through, I might say, Union message. To send Secretary Chu and the American people finally have my State of Oklahoma down to the to Georgia is kind of ironic, given that caught on. They have admitted that coast where it can be used. A lot of Chu is the one who said that nuclear through the EPA, when you ask them people don’t understand this because power is the ‘‘lesser of two evils.’’ It if we were to pass one of these things they have been told things that, quite was the President himself who des- regulating CO2 through the cap-and- frankly, are not true. ignated a Chairman of the Nuclear trade legislation that we have defeated, In terms of oil, gas, and coal, the Regulatory Commission who had been would this reduce greenhouse gases, United States of America has the larg- leading the antinuclear energy group the answer from the Administrator of est recoverable reserves in the world. for quite some time. In fact, Chairman the EPA is, no, it wouldn’t because this People keep saying over and over Jaczko tried to delay the progress on only would affect the United States of again: Well, we only have 3 percent of licensing the very reactors in Georgia America. This isn’t where the problem the reserves. Yet we use 25 percent. that they went up to try to take credit is. China would still be doing its thing, Quite frankly, they are talking about for. India would be doing its thing, and proven reserves. You can’t get a recov- We see this over and over again. Mexico. erable reserve until you drill. If they What does this all mean? President I have contended if we are regulating don’t let us drill because of the policies Obama knows he needs to talk the talk these in the United States, it could ac- of this administration, then, obviously, on domestic energy because people tually have the effect of increasing the we would be stuck with just the very have caught on. I think people know emissions because, as we chase our small amount we could produce. None- now that we have the recoverable remanufacturing base overseas to find theless, it is out there. We are the only serves to be completely free from the energy, they would be going to coun- country in the world that our politi- Middle East. All we have to do in a tries such as China and India where cians don’t allow us to explore and re- short period of time is develop our own they don’t have the regulatory restric- cover our own reserves—the only coun- resources. I know my environmental tions we have in this country. try in the world. friends are already saying, about the So the Utility MACT is second only Natural gas. We know it is happening CRA on the Utility MACT—the NRDC to the greenhouse gas regulations in right now. We know in areas like New jumped on the story today with the terms of what it would cost, in terms York and Pennsylvania with the headline ‘‘Let Loose the Defenders of of costing the people in terms of jobs Marcellus debate, we have opportuni- Mercury Poisoning.’’ Nothing could be and money. Actually, the regulatory ties we have never had in this country. further from the truth. thing would be worse when we are talk- We have the opportunity to recover I remember in 2003 and 2005 when we ing about greenhouse gases because more natural gas. When the President had the Clear Skies bill. The Clear under the bills that were introduced made a statement in the State of the Skies bill would have had mandatory starting in 2003—that was the McCain- Union Message about being supportive reductions—keep in mind we are talk- Lieberman bill, going all the way for- of ‘‘all the above,’’ talking about nat- ing about 2003—mandatory reductions ward to the Waxman-Markey bill—the ural gas, he slipped in one little state- on mercury emissions by 70 percent by assumption has been that they would ment: Well, we don’t want to poison 2018. It was a matter of a few years regulate industries and emitters that the Earth—or something like that. from now, that would be reality. Think were over the 25,000 tons a year. What he is talking about is they have about it, 6 years from now we would al- Now, if we do it through regulation, spent countless hours trying to regu- ready have a 70-percent reduction if the as they are trying to do it right now, late a process called hydraulic frac- Democrats had not stopped the bill. the Clean Air Act has a limit of 250 turing—a process that started in my The reason they did is because we re- tons. So we would be talking about reg- State of Oklahoma in 1949. There has fused—we want to have SOX, NOX, and ulating virtually every church, school, never been a documented case of mercury, which are the real pollutants, and hospital in America and not just ground water contamination since they reduced and reduced in a rapid fashion, the very large utilities. So that is have been using hydraulic fracturing. faster than President Clinton or anywhere we were on that issue. And we can’t get into these tight for- body else has tried to do it. They held On oil, President Obama has been mations without hydraulic fracturing. it hostage because they also wanted congratulating himself on decreasing It can’t be done. CO2 included in it, so we got none of the imports of oil from the Middle So the President can get by with say- the above as a result of it. East, but he fails to mention his poli- ing he wants to produce the natural The EPA’s Utility MACT is designed cies have been consistently against oil gas we have locally, and at the same to destroy jobs by killing off the coal and gas. In fact, he and people in his time take over the regulation of hy- industry. EPA admits itself that the administration have said they want to draulic fracturing by the Federal Gov- Utility MACT rule would cost an undo away with fossil fuels. Secretary of ernment. We know what that would precedented $11 billion to implement. Energy Steven Chu said they wanted to mean. I think the best evidence of that Of course these costs will come in the ‘‘boost the price of gasoline to the lev- is President Obama in his current form of higher electricity rates for els in Europe.’’ budget is doubling the funding for the every American. Importantly, the EPA Well, that is $7 or $8 a gallon. Right antifracking agenda in the 2013 budget. also admits that the $11 billion in costs now we are looking at $4 a gallon, and Nuclear? That is agreed. If we believe will yield a mere $6 billion in direct that is what they want to do. What is in ‘‘all of the above,’’ you have to have benefits. their motive? To do away with fossil fossil fuel as coal, oil, and gas, but also Do the math. It means the agency fuels. He claims to care about energy nuclear. It is a very important compo- has by its own admission completely

VerDate Mar 15 2010 05:00 Feb 17, 2012 Jkt 019060 PO 00000 Frm 00053 Fmt 4624 Sfmt 0634 E:\CR\FM\G16FE6.068 S16FEPT1 pwalker on DSK7TPTVN1PROD with SENATE S858 CONGRESSIONAL RECORD — SENATE February 16, 2012 failed the cost-benefit test. It has the are the ones who put the budgets down ia’s crackdown on its people, including on advantage of reducing emissions with- every year. A lot of times they try to January 30, 2012, when Secretary of State out killing jobs and the Utility MACT blame the House or Senate, Democrats Hillary Clinton stated ‘‘The status quo is would do little for the environment but or Republicans. No. It doesn’t matter. unsustainable. . .The longer the Assad re- destroy millions of jobs. Why did Clear Who is in the White House, they are gime continues its attacks on the Syrian Skies fail? As I said, it was held hos- the ones who determine what the budg- people and stands in the way of a peaceful transition, the greater the concern that in- tage because they didn’t want us to et is. During the Bush years there was stability will escalate and spill over just lose SOX, NOX, and mercury, the a total of $2 trillion of deficits in 8 throughout the region.’’; real pollutants. They wanted to include years. However, after this budget came Whereas President Obama, on April 29, CO2. out last week, in the Obama 4 years the 2011, designated 3 individuals subject to sanc- Before Obama’s decision to halt the increase has been, in deficits, $5.3 tril- tions for humans rights abuses in Syria: ozone rule, which would have put hun- lion. That is $5.3 trillion in 4 years as Mahir al-Assad, the brother of Syrian Presi- dreds of thousands of jobs at risk, then- opposed to $2 trillion in 8 years. dent Bashar al-Assad and brigade com- White House Chief of Staff Bill Daley As bad as that is, I contend that the mander in the Syrian Army’s 4th Armored asked: What are the health impacts of regulations of this administration are Division; Atif Najib, the former head of the unemployment? actually more expensive to the Amer- Political Security Directorate for Daraa That is a good question. What are the ican people than servicing this debt. So Province and a cousin of Bashar al-Assad; health impacts of skyrocketing elec- I think it is important that we talk and Ali Mamluk, director of Syria’s General tricity rates which hurt the poor the about this, talk about not just Utility Intelligence Directorate; most? What are the health impacts on MACT but all of these. Utility MACT is Whereas, on May 18, 2011, President Obama children whose parents will lose one of issued an executive order sanctioning senior where we should draw the line, how- officials of the Syrian Arab Republic and the 1.4 million jobs that will be de- ever, because that is one that directly their supporters, specifically designating 7 stroyed by the EPA’s rules on power- affects our ability to provide energy for people: President Bashar al-Assad, Vice plants? America, for our manufacturing jobs. President Farouk al-Shara, Prime Minister The Senate needs to focus on pro- We are right now a little bit under 50 Adel Safar, Minister of the Interior Moham- moting policies that improve our envi- percent dependent upon coal for our mad Ibrahim al-Shaar, Minister of Defense ronment without harming our econ- ability to run this machine called Ali Habib Mahmoud, Head of Syrian Military omy. The EPA’s Utility MACT does the America. If you do this, we would lose, Intelligence Abdul Fatah Qudsiya, and Direc- opposite. My CRA, I think, is one of it is anticipated, 20 percent of our gen- tor of Political Security Directorate Moham- the things about which they say: You eration capacity and that translates med Dib Zaitoun; will never get it done. I have criticized into a lot of money, as I have noted. Whereas President Obama, on August 17, people for bringing a Congressional Re- That is what we have introduced 2011, issued Executive Order 13582, blocking property of the Government of Syria and view Act up against regulations where today. I encourage my Democratic and I know the votes are not there. It takes prohibiting certain transactions with respect Republican colleagues to join us in to Syria; just 51 votes. The reason I think the passing the CRA. Whereas, on December 1, 2011, the Depart- votes should be here now is if the peo- f ment of the Treasury designated 2 individ- ple at home care enough to put the uals, Aus Aslan and Muhammad Makhluf, pressure on. That is exactly what hap- SUBMITTED RESOLUTIONS under Executive Order 13573 and 2 entities, pened on the ozone requirements. They the Military Housing Establishment and the said the President was committed to SENATE RESOLUTION 379—CON- Real Estate Bank of Syria, under Executive Order 13582; ozone changes. He changed his mind be- DEMNING VIOLENCE BY THE cause of that. Whereas, on May 6, 2011, the European GOVERNMENT OF SYRIA Remember the farm dust rule? The Union’s 27 countries imposed sanctions on AGAINST THE SYRIAN PEOPLE President was going to have a farm the Government of Syria for the human dust rule on emissions that would hit Mr. KERRY submitted the following rights abuses, including asset freezes and the air. I always remember, I had a resolution; from the Committee on visa bans on members of the Government of news conference in my State of Okla- Foreign Relations; which was placed on Syria and an arms embargo on the country; the calendar: Whereas, on November 12, 2011, the League homa, in the western part of the State. of Arab States voted to suspend Syria’s S. RES. 379 We had a couple of people there from membership in the organization; Washington who had never been west of Whereas the Syrian Arab Republic is a Whereas, on December 2, 2011, the United the Mississippi. We got down there in party to the International Covenant on Civil Nations Human Rights Council passed Reso- this area of Oklahoma. We were talk- and Political Rights (ICCPR), adopted at lution S-18/1, which deplores the human ing about farm dust. I said: You see New York December 16, 1966, the United Na- rights situation in Syria, commends the this brown stuff down here? That is tions Convention Against Torture and Other League of Arab States, and supports imple- Cruel, Inhuman or Degrading Treatment or dirt. You see that round green thing? mentation of its Plan of Action; Punishment, done at New York December 10, Whereas the League of Arab States ap- That is cotton. Hold your finger up in 1984; the air—that is wind. Are there any proved and implemented a plan of action to Whereas Syria voted in favor of the Uni- send a team of international monitors to questions? versal Declaration of Human Rights, adopted Syria, which began December 26, 2011; There is no technology to do that, at Paris, December 10, 1948; Whereas, on January 28, 2012, the League of yet the expense to each of my farmers Whereas, in March 2011, peaceful dem- Arab States decided to suspend its inter- onstrations in Syria began against the au- in a farm State like Oklahoma would national monitoring mission due to esca- thoritarian rule of Bashar al-Assad; have been hundreds of thousands of lating violence within Syria; Whereas, in response to the demonstra- dollars a year and not accomplishing Whereas, on February 4, 2012, the Russian anything. We were able to get the pub- tions, the Government of Syria launched a brutal crackdown, which has resulted in Federation and People’s Republic of China lic to write in to complain about that. gross human rights violations, use of force vetoed a United Nations Security Council As a result of that, the President against civilians, torture, extrajudicial Resolution in support of the League of Arab pulled back. killings, arbitrary executions, sexual vio- States’ Plan of Action; I hope enough people are concerned lence, and interference with access to med- Whereas, on February 14, 2012, General about Utility MACT and its dev- ical treatment; Martin Dempsey, Chairman of the Joint astating effect on our economy and on Whereas the United Nations, as of January Chiefs of Staff, testified before the Com- jobs in America that they will join in 25, 2012, estimated that more than 5,400 peo- mittee on Armed Services of the Senate that and apply the pressure necessary to ple in Syria have been killed since the vio- Syria ‘‘is a much different situation than we lence began in March 2011; collectively saw in Libya,’’ presenting a help the people in this Chamber under- ‘‘very different challenge’’ in which ‘‘we also stand that we should pass this Congres- Whereas, on February 4, 2012, President Barack Obama stated that President Bashar know that other regional actors are pro- sional Review Act and do away with al-Assad ‘‘has no right to lead Syria, and has viding support’’ as a part of a ‘‘Sunni major- this particular, very harmful regula- lost all legitimacy with his people and the ity rebelling against an oppressive Alawite- tion that is before us. international community’’; Shia regime’’; I have often said—a lot of people do Whereas the Department of State has re- Whereas the Governments of the Russian not understand this—but Presidents peatedly condemned the Government of Syr- Federation and the Islamic Republic of Iran

VerDate Mar 15 2010 03:34 Feb 17, 2012 Jkt 019060 PO 00000 Frm 00054 Fmt 4624 Sfmt 0634 E:\CR\FM\G16FE6.070 S16FEPT1 pwalker on DSK7TPTVN1PROD with SENATE February 16, 2012 CONGRESSIONAL RECORD — SENATE S859 remain major suppliers of military equip- Whereas the United Nations Security engage the Iranian Government in dialogue ment to the Government of Syria notwith- Council has adopted multiple resolutions about Iran’s nuclear program and its inter- standing that government’s violent repres- since 2006 demanding the full and sustained national commitments under the Nuclear sion of demonstrators; suspension of all uranium enrichment-re- Nonproliferation Treaty. Whereas the gross human rights violations lated and reprocessing activities by the Ira- Whereas on March 31, 2010, President perpetuated by the Government of Syria nian Government and its full cooperation Obama stated that the ‘‘consequences of a against the people of Syria represent a grave with the International Atomic Energy Agen- nuclear-armed Iran are unacceptable’’; risk to regional peace and stability; and cy (IAEA) on all outstanding issues related Whereas in his State of the Union Address Whereas the Committee on Foreign Rela- to its nuclear activities, particularly those on January 24, 2012, President Obama stated: tions of the Senate will immediately sched- concerning the possible military dimensions ‘‘Let there be no doubt: America is deter- ule a hearing to take place as soon as the of its nuclear program; mined to prevent Iran from getting a nuclear Senate reconvenes to assess the situation in Whereas on November 8, 2011, the IAEA weapon, and I will take no options off the Syria and all the international options avail- issued an extensive report that— table to achieve that goal’’; able to address this crisis: Now, therefore, be (1) documents ‘‘serious concerns regarding Whereas Secretary of Defense Panetta it possible military dimensions to Iran’s nu- stated, in December 2011, that it was unac- Resolved, That the Senate— clear programme’’; ceptable for Iran to acquire nuclear weapons, (1) strongly condemns the Government of (2) states that ‘‘Iran has carried out activi- reaffirmed that all options were on the table Syria’s brutal and unjustifiable use of force ties relevant to the development of a nuclear to thwart Iran’s nuclear weapons efforts, and against civilians, including unarmed women device’’; and vowed that if the United States gets ‘‘intel- (3) states that the efforts described in para- and children and its violations of the funda- ligence that they are proceeding with devel- graphs (1) and (2) may be ongoing; mental human rights and dignity of the peo- oping a nuclear weapon then we will take Whereas as of November 2008, Iran had pro- ple of Syria; whatever steps necessary to stop it’’; duced, according to the IAEA— Whereas the Defense Department’s Janu- (2) expresses its solidarity with the people (1) approximately 630 kilograms of ura- of Syria, who have exhibited remarkable ary 2012 Strategic Guidance stated that U.S. nium-235 enriched to 3.5 percent; and defense efforts in the Middle East would be courage and determination in the face of un- (2) no uranium-235 enriched to 20 percent; aimed ‘‘to prevent Iran’s development of a speakable violence to rid themselves of a Whereas as of November 2011, Iran had pro- nuclear weapons capability and counter its brutal dictatorship; duced, according to the IAEA— (3) expresses strong disappointment with (1) nearly 5,000 kilograms of uranium-235 destabilizing policies’’; the Governments of the Russian Federation enriched to 3.5 percent; and Now, therefore, be it and the People’s Republic of China for their (2) 79.7 kilograms of uranium-235 enriched Resolved, That the Senate— veto of the United Nations Security Council to 20 percent; (1) affirms that it is a vital national inter- resolution condemning Bashar al-Assad and Whereas on January 9, 2011, IAEA inspec- est of the United States to prevent the Gov- the violence in Syria and urges them to re- tors confirmed that the Iranian government ernment of the Islamic Republic of Iran from consider their votes; had begun enrichment activities at the acquiring a nuclear weapons capability; (4) encourages the members of the United Fordow site, including possibly enrichment (2) warns that time is limited to prevent Nations Security Council to continue to pur- of uranium-235 to 20 percent; the Iranian government from acquiring a nu- sue a resolution in support of a political so- Whereas if Iran were successful in acquir- clear weapons capability; (3) urges continued and increasing eco- lution to the crisis in Syria; ing a nuclear weapon capability, it would nomic and diplomatic pressure on the Is- (5) commends the League of Arab States’ likely spur other countries in the region to lamic Republic of Iran to secure an agree- efforts to bring about a peaceful resolution consider developing their own nuclear weap- ment from the Government of the Islamic in Syria; ons capabilities; Republic of Iran that includes— (6) regrets that the League of Arab States Whereas on December 6, 2011, Prince Turki (A) the full and sustained suspension of all observer mission was not able to monitor the al-Faisal of Saudi Arabia stated that if inter- uranium enrichment-related and reprocess- full implementation of the League of Arab national efforts to prevent Iran from obtaining activities; States’ Action Plan of November 2, 2011, due ing nuclear weapons fail, ‘‘we must, as a (B) complete cooperation with the IAEA on to the escalating violence in Syria; and duty to our country and people, look into all all outstanding questions related to Iran’s (7) urges the international community to options we are given, including obtaining nuclear activities, including— review legal processes available to hold offi- these weapons ourselves’’; (i) the implementation of the Non-Pro- cials of the Government of Syria accountable Whereas top Iranian leaders have repeat- liferation Treaty Additional Protocol; and for crimes against humanity and gross viola- edly threatened the existence of the State of (ii) the verified end of Iran’s ballistic mis- tions of human rights. Israel, pledging to ‘‘wipe Israel off the map’’; Whereas the Department of State— sile programs; and f (1) has designated Iran as a ‘‘State Sponsor (C) a permanent agreement that verifiably SENATE RESOLUTION 380—TO EX- of Terrorism’’ since 1984; and assures that Iran’s nuclear program is en- PRESS THE SENSE OF THE SEN- (2) has characterized Iran as the ‘‘most ac- tirely peaceful; tive state sponsor of terrorism’’; (4) expresses support for the universal ATE REGARDING THE IMPOR- Whereas Iran has provided weapons, train- rights and democratic aspirations of the Ira- TANCE OF PREVENTING THE ing, funding, and direction to terrorist nian people; GOVERNMENT OF IRAN FROM groups, including Hamas, Hezbollah, and Shi- (5) strongly supports United States policy ACQUIRING NUCLEAR WEAPONS ite militias in Iraq that are responsible for to prevent the Iranian Government from ac- CAPABILITY the murders of hundreds of American forces quiring nuclear weapons capability; and innocent civilians; (6) rejects any United States policy that Mr. GRAHAM (for himself, Mr. LIE- Whereas on July 28, 2011, the Department would rely on efforts to contain a nuclear BERMAN, Mr. CASEY, Ms. AYOTTE, Mr. of the Treasury charged that the Govern- weapons-capable Iran; and BLUMENTHAL, Mr. BOOZMAN, Mr. BROWN ment of Iran had forged a ‘‘secret deal’’ with (7) urges the President to reaffirm the of Massachusetts, Mr. BROWN of Ohio, al Qaeda to facilitate the movement of al unacceptability of an Iran with nuclear- Mr. CARDIN, Mr. CHAMBLISS, Mr. COATS, Qaeda fighters and funding through Iranian weapons capability and oppose any policy Ms. COLLINS, Mr. COONS, Mr. CORNYN, territory; that would rely on containment as an option Mrs. GILLIBRAND, Mr. HATCH, Mr. HELL- Whereas in October 2011, senior leaders of in response to the Iranian nuclear threat. Iran’s Islamic Revolutionary Guard Corps ER, Mr. HOEVEN, Mrs. HUTCHISON, Mr. f (IRGC) Quds Force were implicated in a ter- INHOFE, Mr. MCCAIN, Mrs. MCCASKILL, rorist plot to assassinate Saudi Arabia’s Am- AMENDMENTS SUBMITTED AND Mr. MENENDEZ, Ms. MIKULSKI, Mr. NEL- bassador to the United States on United PROPOSED SON of Florida, Mr. NELSON of Ne- States soil; SA 1663. Mr. BLUNT submitted an amend- braska, Mr. PORTMAN, Mr. PRYOR, Mr. Whereas on December 26, 2011, the United ment intended to be proposed by him to the ISCH CHUMER DALL Nations General Assembly passed a resolu- R , Mr. S , Mr. U of Col- bill S. 1813, to reauthorize Federal-aid high- orado, Mr. WYDEN, Ms. SNOWE, Mr. VIT- tion denouncing the serious human rights way and highway safety construction pro- TER, Mr. ISAKSON, and Mr. SESSIONS) abuses occurring in the Islamic Republic of grams, and for other purposes; which was or- submitted the following resolution; Iran, including torture, cruel and degrading dered to lie on the table. which was referred to the Committee treatment in detention, the targeting of SA 1664. Mr. THUNE submitted an amend- human rights defenders, violence against on Foreign Relations: ment intended to be proposed by him to the women, and ‘‘the systematic and serious re- bill S. 1813, supra; which was ordered to lie S. RES. 380 strictions on freedom of peaceful assembly’’ on the table. Whereas since at least the late 1980s, the as well as severe restrictions on the rights to SA 1665. Mr. CARPER (for himself and Mr. Government of the Islamic Republic of Iran ‘‘freedom of thought, conscience, religion or LIEBERMAN) submitted an amendment in- has engaged in a sustained and well-docu- belief’’; tended to be proposed by him to the bill S. mented pattern of illicit and deceptive ac- Whereas President Obama, through the 1813, supra; which was ordered to lie on the tivities to acquire nuclear capability; P5+1 process, has made repeated efforts to table.

VerDate Mar 15 2010 03:34 Feb 17, 2012 Jkt 019060 PO 00000 Frm 00055 Fmt 4624 Sfmt 0634 E:\CR\FM\A16FE6.050 S16FEPT1 pwalker on DSK7TPTVN1PROD with SENATE S860 CONGRESSIONAL RECORD — SENATE February 16, 2012 SA 1666. Mr. CARPER (for himself, Mr. SA 1685. Mr. SCHUMER submitted an to be proposed by him to the bill S. 1813, ALEXANDER, and Mr. BOOZMAN) submitted an amendment intended to be proposed by him supra; which was ordered to lie on the table. amendment intended to be proposed by him to the bill S. 1813, supra; which was ordered SA 1706. Mr. CARDIN submitted an amend- to the bill S. 1813, supra; which was ordered to lie on the table. ment intended to be proposed to amendment to lie on the table. SA 1686. Mr. SCHUMER submitted an SA 1633 proposed by Mr. REID to the bill S. SA 1667. Mr. NELSON of Nebraska (for amendment intended to be proposed by him 1813, supra; which was ordered to lie on the himself and Mrs. HUTCHISON) submitted an to the bill S. 1813, supra; which was ordered table. amendment intended to be proposed by him to lie on the table. SA 1707. Mrs. GILLIBRAND (for herself and to the bill S. 1813, supra; which was ordered SA 1687. Mr. SCHUMER submitted an Mr. WYDEN) submitted an amendment in- to lie on the table. amendment intended to be proposed by him tended to be proposed by her to the bill S. SA 1668. Mr. NELSON of Nebraska sub- to the bill S. 1813, supra; which was ordered 1813, supra; which was ordered to lie on the mitted an amendment intended to be pro- to lie on the table. table. posed by him to the bill S. 1813, supra; which SA 1688. Mr. SCHUMER (for himself and SA 1708. Mr. WARNER submitted an was ordered to lie on the table. Mrs. GILLIBRAND) submitted an amendment amendment intended to be proposed by him SA 1669. Mr. MCCAIN (for himself, Mr. intended to be proposed by him to the bill S. to the bill S. 1813, supra; which was ordered REID, Mr. HELLER, and Mr. KYL) submitted 1813, supra; which was ordered to lie on the to lie on the table. an amendment intended to be proposed by table. him to the bill S. 1813, supra; which was or- SA 1689. Mr. SCHUMER submitted an f dered to lie on the table. amendment intended to be proposed by him TEXT OF AMENDMENTS SA 1670. Mr. CARPER (for himself, Mr. to the bill S. 1813, supra; which was ordered KIRK, and Mr. WARNER) submitted an amend- to lie on the table. SA 1663. Mr. BLUNT submitted an ment intended to be proposed by him to the SA 1690. Mr. SCHUMER submitted an amendment intended to be proposed by bill S. 1813, supra; which was ordered to lie amendment intended to be proposed by him him to the bill S. 1813, to reauthorize on the table. to the bill S. 1813, supra; which was ordered Federal-aid highway and highway safe- SA 1671. Mr. CARPER submitted an amend- to lie on the table. ty construction programs, and for ment intended to be proposed by him to the SA 1691. Mr. SCHUMER submitted an bill S. 1813, supra; which was ordered to lie amendment intended to be proposed by him other purposes; which was ordered to on the table. to the bill S. 1813, supra; which was ordered lie on the table; as follows: SA 1672. Mr. MERKLEY submitted an to lie on the table. On page l, between lines l and l, insert amendment intended to be proposed by him SA 1692. Mr. WYDEN (for himself, Mr. the following: to the bill S. 1813, supra; which was ordered HOEVEN, and Mr. BEGICH) submitted an SEC. ll001. WAIVER OF FUEL REQUIREMENTS. to lie on the table. amendment intended to be proposed by him Section 211(c)(4)(C) of the Clean Air Act (42 SA 1673. Mr. LEAHY (for himself and Mr. to the bill S. 1813, supra; which was ordered U.S.C. 7545(c)(4)(C)) is amended— SANDERS) submitted an amendment intended to lie on the table. (1) in clause (ii)(II), by inserting ‘‘an unex- to be proposed by him to the bill S. 1813, SA 1693. Mr. DEMINT submitted an amend- pected problem with distribution or delivery supra; which was ordered to lie on the table. ment intended to be proposed by him to the equipment that is necessary for the trans- SA 1674. Mr. CASEY (for himself and Mr. bill S. 1813, supra; which was ordered to lie portation or delivery of fuel or fuel addi- UDALL of New Mexico) submitted an amend- on the table. tives,’’ after ‘‘equipment failure,’’; and ment intended to be proposed by him to the SA 1694. Mr. BAUCUS (for himself and Mr. (2) by redesignating the second clause (v) bill S. 1813, supra; which was ordered to lie BINGAMAN) submitted an amendment in- (relating to the authority of the Adminis- on the table. tended to be proposed by him to the bill S. trator to approve certain State implementa- SA 1675. Mr. CASEY submitted an amend- 1813, supra; which was ordered to lie on the tion plans) as clause (vi). ment intended to be proposed by him to the table. ll bill S. 1813, supra; which was ordered to lie SEC. 002. FUEL SYSTEM REQUIREMENTS HAR- SA 1695. Mrs. FEINSTEIN submitted an MONIZATION STUDY. on the table. amendment intended to be proposed by her Section 1509 of the Energy Policy Act of SA 1676. Mr. SANDERS submitted an to the bill S. 1813, supra; which was ordered 2005 (Public Law 109–58; 119 Stat. 1083) is amendment intended to be proposed by him to lie on the table. amended— to the bill S. 1813, supra; which was ordered SA 1696. Mr. KOHL submitted an amend- (1) in subsection (a)— to lie on the table. ment intended to be proposed to amendment (A) in paragraph (1)(A), by inserting SA 1677. Mr. SANDERS (for himself, Mr. SA 1633 proposed by Mr. REID to the bill S. ‘‘biofuels,’’ after ‘‘oxygenated fuel’’; MENENDEZ, Mr. LAUTENBERG, and Mr. LEAHY) 1813, supra; which was ordered to lie on the (B) in paragraph (2)— submitted an amendment intended to be pro- table. (i) in subparagraph (B)— posed by him to the bill S. 1813, supra; which SA 1697. Mr. KOHL submitted an amend- (I) by redesignating clause (ii) as clause was ordered to lie on the table. ment intended to be proposed to amendment (iii); SA 1678. Mrs. SHAHEEN submitted an SA 1633 proposed by Mr. REID to the bill S. (II) in clause (i), by striking ‘‘and’’ after amendment intended to be proposed by her 1813, supra; which was ordered to lie on the the semicolon; and to the bill S. 1813, supra; which was ordered table. to lie on the table. SA 1698. Mrs. MURRAY submitted an (III) by inserting after clause (i) the fol- SA 1679. Mrs. SHAHEEN (for herself, Ms. amendment intended to be proposed by her lowing: ‘‘(ii) the renewable fuels standard; and’’; MURKOWSKI, Ms. COLLINS, Mr. LEVIN, Ms. to the bill S. 1813, supra; which was ordered and KLOBUCHAR, Mr. SANDERS, Mr. BEGICH, Mr. to lie on the table. (ii) in subparagraph (G), by striking ‘‘Tier LEAHY, and Ms. STABENOW) submitted an SA 1699. Mrs. MURRAY submitted an amendment intended to be proposed by her amendment intended to be proposed by her II’’ and inserting ‘‘Tier III’’; and to the bill S. 1813, supra; which was ordered to the bill S. 1813, supra; which was ordered (2) in subsection (b)(1), by striking ‘‘2008’’ to lie on the table. to lie on the table. and inserting ‘‘2014’’. SA 1680. Mr. BINGAMAN (for himself and SA 1700. Mr. CASEY submitted an amend- Mr. DURBIN) submitted an amendment in- ment intended to be proposed by him to the SA 1664. Mr. THUNE submitted an tended to be proposed by him to the bill S. bill S. 1813, supra; which was ordered to lie amendment intended to be proposed by 1813, supra; which was ordered to lie on the on the table. him to the bill S. 1813, to reauthorize table. SA 1701. Mr. WHITEHOUSE (for himself Federal-aid highway and highway safe- SA 1681. Ms. COLLINS (for herself, Mr. and Mr. REED) submitted an amendment in- ty construction programs, and for BROWN of Massachusetts, Mr. LEVIN, Mr. tended to be proposed by him to the bill S. other purposes; which was ordered to KYL, Mr. AKAKA, and Mr. COBURN) submitted 1813, supra; which was ordered to lie on the lie on the table; as follows: an amendment intended to be proposed by table. her to the bill S. 1813, supra; which was or- SA 1702. Mr. CARPER submitted an amend- In division D, at the end, add the following: dered to lie on the table. ment intended to be proposed by him to the SEC. llll. ADDITIONAL TRANSFER TO HIGH- SA 1682. Mr. SCHUMER submitted an bill S. 1813, supra; which was ordered to lie WAY TRUST FUND. amendment intended to be proposed by him on the table. Subsection (f) of section 9503 of the Inter- to the bill S. 1813, supra; which was ordered SA 1703. Mr. WARNER (for himself and Mr. nal Revenue Code of 1986, as amended by this to lie on the table. KIRK) submitted an amendment intended to Act, is amended by redesignating paragraph SA 1683. Mr. SCHUMER submitted an be proposed by him to the bill S. 1813, supra; (5) as paragraph (6) and by inserting after amendment intended to be proposed by him which was ordered to lie on the table. paragraph (4) the following new paragraph: to the bill S. 1813, supra; which was ordered SA 1704. Mr. WARNER (for himself and Mr. ‘‘(7) TRANSFER OF ADDITIONAL RESULTING to lie on the table. BEGICH) submitted an amendment intended REVENUES.—Out of money in the Treasury SA 1684. Mr. SCHUMER submitted an to be proposed by him to the bill S. 1813, not otherwise appropriated, there are hereby amendment intended to be proposed by him supra; which was ordered to lie on the table. appropriated to the Highway Trust Fund to the bill S. 1813, supra; which was ordered SA 1705. Mr. BENNET (for himself and Mr. amounts equivalent to the increases in reve- to lie on the table. WARNER) submitted an amendment intended nues received in the Treasury resulting from

VerDate Mar 15 2010 03:34 Feb 17, 2012 Jkt 019060 PO 00000 Frm 00056 Fmt 4624 Sfmt 0634 E:\CR\FM\A16FE6.051 S16FEPT1 pwalker on DSK7TPTVN1PROD with SENATE February 16, 2012 CONGRESSIONAL RECORD — SENATE S861 the provisions of, and amendments made by recognized program in transportation re- be proposed by him to the bill S. 1813, division D of the Highway Investment, Job search and education, as evidenced by— to reauthorize Federal-aid highway and Creation, and Economic Growth Act of 2012, ‘‘(I) for each of the preceding 5 years, not highway safety construction programs, which are not otherwise subject to appro- less than $2,000,000 in highway or public and for other purposes; which was or- priation or transfer to the Highway Trust transportation research expenditures per Fund.’’. year; dered to lie on the table; as follows: ‘‘(II) for each of the preceding 5 years, not At the appropriate place, insert the fol- SA 1665. Mr. CARPER (for himself less than 10 graduate degrees awarded in pro- lowing: and Mr. LIEBERMAN) submitted an fessional fields closely related to highways SEC. ll. AIRCRAFT NOISE ABATEMENT. amendment intended to be proposed by and public transportation per year; and (a) IN GENERAL.—Section 3 of Public Law him to the bill S. 1813, to reauthorize ‘‘(III) during the preceding 5 years, not less 100–91 (16 U.S.C. 1a–1 note) is amended— Federal-aid highway and highway safe- than 5 tenured or tenure-track faculty mem- (1) in subsection (a)— bers who— (A) by striking ‘‘(a)’’ and inserting the fol- ty construction programs, and for ‘‘(aa) specialize, on a full-time basis, in lowing: other purposes; which was ordered to professional fields closely related to high- ‘‘(a) FINDING.—’’; and lie on the table; as follows: ways and public transportation; and (B) by inserting ‘‘commercial air tour’’ be- On page 324, line 16, insert ‘‘149(k),’’ after ‘‘(bb) as a group, have published a total of fore ‘‘aircraft’’ each place such term appears; ‘‘148(h),’’. not less than 50 refereed journal publications and On page 325, line 10, strike ‘‘and’’. on highway or public transportation re- (2) in section (b)— On page 325, between lines 12 and 13, insert search. (A) in paragraph (1), by striking ‘‘associ- the following: ‘‘(C) RESTRICTIONS.—For each fiscal year, a ated with aircraft’’inserting ‘‘associated ‘‘(iii) the congestion mitigation and air grant made available under this paragraph with commercial air tour aircraft’’; and quality performance plan; and shall not exceed $3,500,000 for each recipient. (B) in paragraph (2), by striking ‘‘air traf- On page 325, line 13, strike ‘‘(iii)’’ and in- ‘‘(D) MATCHING REQUIREMENTS.— fic’’ and inserting ‘‘commercial air tour traf- sert ‘‘(iv)’’. ‘‘(i) IN GENERAL.—As a condition of receiv- fic’’. ing a grant under this paragraph, a grant re- (b) SAVINGS PROVISIONS.— SA 1666. Mr. CARPER (for himself, cipient shall match 100 percent of the (1) JURISDICTION OF NATIONAL AIRSPACE.— Mr. ALEXANDER and Mr. BOOZMAN) sub- amounts made available under the grant. None of the environmental recommendations mitted an amendment intended to be ‘‘(ii) SOURCES.—The matching amounts re- for commercial air tour operations required proposed by him to the bill S. 1813, to ferred to in clause (i) may include amounts under section 3(b)(1) of Public Law 100–91 (16 U.S.C. 1a–1 note), including raising the reauthorize Federal-aid highway and made available to the recipient under— ‘‘(I) section 504(b) or 505 of title 23; and flight-free zone altitude ceilings above the highway safety construction programs, ‘‘(II) subject to prior approval by the Sec- ceilings in effect on the date of the enact- and for other purposes; which was or- retary, a transportation-related grant from ment of this Act, shall affect the manage- dered to lie on the table; as follows: the National Science Foundation. ment of the National Airspace System, as de- In section 149(b)(1) of title 23, United ‘‘(3) TIER 1 UNIVERSITY TRANSPORTATION termined by the Administrator of the Fed- States Code (as amended by section 11013), CENTERS.— eral Aviation Administration. strike ‘‘(G) if the project’’ and all that fol- ‘‘(A) IN GENERAL.—For each of fiscal years (2) EFFECT OF NEPA DETERMINATIONS.—None lows through ‘‘(H) if the Secretary’’ and in- 2012 and 2013 and subject to subparagraph of the environmental thresholds, analyses, or sert the following: (B), the Secretary shall provide grants to not impact determinations that are included in ‘‘(G) if the project involves the installation more than 15 recipients that the Secretary the environmental impact statement pre- of battery charging or replacement facilities determines best meet the criteria described pared by the National Park Service for the for electric-drive vehicles, or refueling facili- in subsection (b)(2). plan required under section 3(b)(2) of Public ties for alternative-fuel vehicles; ‘‘(B) RESTRICTIONS.— Law 100–91 shall have broader application or ‘‘(H) if the project or program shifts traffic ‘‘(i) IN GENERAL.—For each fiscal year, a be given deference beyond the application of demand to nonpeak hours or other transpor- grant made available under this paragraph such Act. tation modes, increases vehicle occupancy shall not exceed $3,500,000 for each recipient. (c) CONVERSION TO QUIET TECHNOLOGY AIR- rates, or otherwise reduces demand for roads ‘‘(ii) FOCUSED RESEARCH.—At least 2 of the CRAFT.— through such means as telecommuting, ride- recipients awarded a grant under this para- (1) IN GENERAL.—Not later than 15 years sharing, carsharing, alternative work hours, graph shall have expertise in, and focus re- after the date of the enactment of this Act, and pricing; or search on, public transportation issues. all commercial air tour aircraft operating in ‘‘(I) if the Secretary ‘‘(C) MATCHING REQUIREMENT.— the Grand Canyon National Park Special ‘‘(i) IN GENERAL.—As a condition of receiv- Flight Rules Area shall be required to fully SA 1667. Mr. NELSON of Nebraska ing a grant under this paragraph, a grant re- convert to quiet aircraft technology (as determined in accordance with regulations in (for himself and Mrs. HUTCHISON) sub- cipient shall match 100 percent of the amounts made available under the grant. effect on the day before the date of the en- mitted an amendment intended to be actment of this Act). proposed by him to the bill S. 1813, to ‘‘(ii) SOURCES.—The matching amounts referred to in clause (i) may include amounts (2) CONVERSION INCENTIVES.—Not later than reauthorize Federal-aid highway and made available to the recipient under— 60 days after the date of the enactment of highway safety construction programs, ‘‘(I) section 504(b) or 505 of title 23; and this Act, the Director of the National Park and for other purposes; which was or- ‘‘(II) subject to prior approval by the Sec- Service and the Administrator of the Federal dered to lie on the table; as follows: retary, a transportation-related grant from Aviation Administration shall provide incen- On page 527, strike line 22 and all that fol- the National Science Foundation. tives for commercial air tour operators that lows through page 529, line 8, and insert the ‘‘(4) TIER 2 UNIVERSITY TRANSPORTATION convert to quiet aircraft technology (as de- following: CENTERS.— termined in accordance with the regulations in effect on the day before the date of the en- ‘‘(2) REGIONAL UNIVERSITY TRANSPORTATION actment of this Act) before the date specified CENTERS.— SA 1668. Mr. NELSON of Nebraska in paragraph (1), such as increasing the ‘‘(A) LOCATION OF REGIONAL CENTERS.—One submitted an amendment intended to regional university transportation center be proposed by him to the bill S. 1813, flight allocations for such operators on a net shall be located in each of the 10 Federal re- basis consistent with section 804 of the Na- to reauthorize Federal-aid highway and tional Park Air Tours Management Act of gions that comprise the Standard Federal highway safety construction programs, Regions established by the Office of Manage- 2000 (title VIII of Public Law 106–181). and for other purposes; which was or- (d) REVIEW.—Not later than 90 days after ment and Budget in the document entitled dered to lie on the table; as follows: the date of the enactment of this Act, the ‘Standard Federal Regions’ and dated April, National Academy of Sciences shall conduct 1974 (circular A–105). On page 469, after line 22, add the fol- a review of the National Park Service’s noise ‘‘(B) SELECTION CRITERIA.—In conducting a lowing: impact criteria and noise thresholds, and the competition under subsection (b), the Sec- SEC. 15ll. INTERSTATE SYSTEM RECONSTRUC- mitigating impact of quiet technology air- retary shall provide grants to 10 recipients TION AND REHABILITATION PILOT craft in existence on the date of the enact- on the basis of— PROGRAM. ment of this Act on the outdoor environment ‘‘(i) the criteria described in subsection Section 1216 of the Transportation Equity of Grand Canyon National Park. (b)(2); Act for the 21st Century (23 U.S.C. 129 note; 1212 Stat. 212) is amended by striking sub- ‘‘(ii) the location of the center within the Mr. CARPER (for himself, Federal region to be served; and section (b). SA 1670. ‘‘(iii) whether or not the institution (or, in Mr. KIRK, and Mr. WARNER) submitted the case of a consortium of institutions, the SA 1669. Mr. MCCAIN (for himself, an amendment intended to be proposed lead institution) demonstrates that the in- Mr. REID, Mr. HELLER, and Mr. KYL) by him to the bill S. 1813, to reauthor- stitution has a well-established, nationally submitted an amendment intended to ize Federal-aid highway and highway

VerDate Mar 15 2010 05:00 Feb 17, 2012 Jkt 019060 PO 00000 Frm 00057 Fmt 4624 Sfmt 0634 E:\CR\FM\A16FE6.060 S16FEPT1 pwalker on DSK7TPTVN1PROD with SENATE S862 CONGRESSIONAL RECORD — SENATE February 16, 2012 safety construction programs, and for ‘‘(v) any combination of the technologies plementation plans and transportation other purposes; which was ordered to listed in clauses (i) through (iv); plans.’’. lie on the table; as follows: ‘‘(B) reduces particulate matter emission On page 449, line 18, strike ‘‘21 years’’ and from covered’’. insert ‘‘1 year’’. On page 469, after line 22, add the fol- On page 446, strike lines 3 through 5 and in- lowing: sert the following: SA 1672. Mr. MERKLEY submitted an SEC. 15ll. REMOVAL OF FEDERAL PROGRAM ‘‘(C) EXCLUSIONS.—The term ‘nonroad die- LIMITATIONS. sel equipment’ does not include— amendment intended to be proposed by (a) INNOVATIVE SURFACE TRANSPORTATION ‘‘(i) a locomotive or marine vessel; or him to the bill S. 1813, to reauthorize FINANCING METHODS.— ‘‘(ii) any project with a total budgeted cost Federal-aid highway and highway safe- (1) VALUE PRICING PILOT PROGRAM.—Section not to exceed $5,000,000 (which, notwith- ty construction programs, and for 1012(b)(1) of the Intermodal Surface Trans- standing any other provision of this section, other purposes; which was ordered to portation Efficiency Act of 1991 (23 U.S.C. 149 may be excluded from the requirement to lie on the table; as follows: note; 105 Stat. 1938) is amended in the second comply with this section by an applicable sentence by striking ‘‘as many as 15 such State or metropolitan planning organiza- On page 180, strike lines 17 through 23 and State or local governments or public au- tion). insert the following: thorities’’ and inserting ‘‘States, local gov- On page 446, strike line 19 and insert the ‘‘(4) OTHER ELIGIBLE COSTS.—In addition to ernments, and public authorities’’. following: eligible project costs, a State may use funds (2) INTERSTATE SYSTEM RECONSTRUCTION ‘‘(c) CRITERIA ELIGIBLE ACTIVITIES.—For apportioned under section 104(b)(5) for the AND REHABILITATION PILOT PROGRAM.—Sec- purposes of subsection (b)(3)(A): necessary costs of— tion 1216(b)(2) of the Transportation Equity On page 446, line 25, strike ‘‘non-road’’ and ‘‘(A) conducting analyses and data collec- Act for the 21st Century (23 U.S.C. 129 note; insert ‘‘nonroad’’. tion; 112 Stat. 212) is amended— On page 447, line 1, strike ‘‘non-road’’ and ‘‘(B) developing and updating performance (A) in the first sentence, by striking ‘‘3’’ insert ‘‘nonroad’’. targets; and inserting ‘‘10’’; and On page 447, lines 4 through 5, strike ‘‘day ‘‘(C) reporting to the Secretary to comply (B) by striking the second sentence. before the date of enactment of the MAP-21; with subsection (i); or (b) EXPRESS LANES DEMONSTRATION PRO- and’’ and insert ‘‘date on which the eligible ‘‘(D) carrying out diesel retrofits or alter- GRAM.—Section 1604(b)(2) of the SAFETEA– entity enters into a prime contract or agree- native fuel projects defined under section 149 LU (23 U.S.C. 129 note; 119 Stat. 1250) is ment with a State to carry out a covered for class 8 vehicles. amended in the matter preceding subpara- highway construction project; and’’. On page 185, strike lines 3 and 4 and insert graph (A)— On page 447, strike line 10 and insert the the following: (1) by striking ‘‘15’’; and following: ‘‘(ii) the total freight tonnage and value of (2) by striking ‘‘2005 through 2009’’ and induction in particulate matter. freight moved by all modes of transpor- serting ‘‘2012 through 2013’’. On page 447, line 14, insert ‘‘or remanufac- tation; (c) INTERSTATE SYSTEM CONSTRUCTION TOLL tured’’ after ‘‘new’’. On page 186, line 10, strike ‘‘or’’. PILOT PROGRAM.—Section 1604(c) of the On page 447, line 16, strike ‘‘non-road’’ and On page 186, line 18, strike the period and SAFETEA–LU (23 U.S.C. 129 note; 119 Stat. insert ‘‘nonroad’’. insert ‘‘; or’’. 1253) is amended— On page 447, line 17, strike ‘‘non-road’’ and On page 186, between lines 18 and 19, insert (1) by striking paragraph (2); insert ‘‘nonroad’’. the following: (2) by redesignating paragraphs (9) and (1) On page 447, lines 20 through 21, strike ‘‘(3) carries a high volume of freight, as as paragraphs (1) and (2), respectively; and ‘‘day before the date of enactment of the measured by total freight tonnage or total (3) in paragraph (8), by striking ‘‘the date MAP-21; and’’ and insert ‘‘date on which the value of freight, compared to other rural of enactment of this Act’’ and inserting ‘‘the eligible entity enters into a prime contract roads in the State. date of enactment of the MAP–21’’. or agreement with a State to carry out a On page 187, strike lines 5 through 7 and in- covered highway construction project; and’’. sert the following: SA 1671. Mr. CARPER submitted an On page 448, strike line 2 and insert the fol- ‘‘(B) an identification of highway bottle- lowing: amendment intended to be proposed by necks on the national freight network that him to the bill S. 1813, to reauthorize particulate matter. create significant freight congestion prob- Federal-aid highway and highway safe- On page 448, line 4, strike ‘‘on’’ and insert lems, based on a quantitative methodology ty construction programs, and for ‘‘using’’. developed by the Secretary for calculating other purposes; which was ordered to On page 448, strike lines 8 through 14 and the national economic significance of high- lie on the table; as follows: insert the following: way bottlenecks on the national freight net- the condition that the replaced engine is re- work; On page 141, lines 17 and 18, strike ‘‘day be- turned to the supplier for remanufacturing fore the date of enactment of the MAP-21,’’ to a more stringent set of engine emissions and insert ‘‘date on which the eligible entity SA 1673. Mr. LEAHY (for himself and standards or for use as scrap; and. enters into a prime contract or agreement ANDERS On page 448, strike lines 15 through 20 and Mr. S ) submitted an amend- with a State to carry out a covered highway insert the following: ment intended to be proposed by him construction project (as defined in section ‘‘(B) certified by the engine manufacturer to the bill S. 1813, to reauthorize Fed- 330(b)(2)),’’. as meeting a more stringent engine particu- eral-aid highway and highway safety On page 152, strike line 22 and insert the late matter emission standard for the appli- construction programs, and for other following: cable engine power group established by the purposes; which was ordered to lie on ‘‘achieve the objectives of that section and Environmental Protection Agency than the the table; as follows: ensure that the bid proceeding and award of engine particulate matter emission standard the contract for any covered highway con- applicable to the replaced engine. At the appropriate place, insert the fol- struction project carried out under that sec- On page 449, line 2, strike ‘‘non-road’’ and lowing: tion will be— insert ‘‘nonroad’’. SEC. ll. TRANSIT-ORIENTED CAR SHARING ‘‘(I) made without regard to the particu- On page 449, line 3, strike ‘‘non-road’’ and PROJECTS. late matter emission levels of the fleet of the insert ‘‘nonroad’’. Section 5302 of title 49, United States Code, eligible entity; and On page 449, lines 6 and 7, strike ‘‘day be- as amended by this Act, is amended— ‘‘(II) consistent with existing requirements fore the date of enactment of the MAP-21; (1) in paragraph (3)— for full and open competition under section and’’ and insert ‘‘date on which the eligible (A) in subparagraph (K)(ii), by striking 112. entity enters into a prime contract or agree- ‘‘or’’ at the end; On page 443, strike lines 16 through 19 and ment with a State to carry out a covered (B) in subparagraph (L)(ii), by striking the insert the following: highway construction project; and’’. period at the end and inserting ‘‘; or’’; and ‘‘not meet current model year new engine On page 449, strike line 12 and insert the (C) by adding at the end the following: standards for particulate matter for the ap- following: ‘‘(M) transit-oriented car sharing.’’; plicable engine power group issued by the ‘‘duction in particulate matter. (2) by redesignating paragraphs (20) and Environmental Protection Agency, on a cov- ‘‘(d) ELIGIBILITY FOR CREDITS.— (21) as paragraphs (21) and (22), respectively; ered highway construction project ‘‘(1) IN GENERAL.—A State may take credit and On page 444, line 17, strike ‘‘or’’. in a State implementation plan for national (3) by inserting after paragraph (19) the fol- On page 444, at the end of line 19, insert ambient air quality standards for any emis- lowing: ‘‘or’’. sion reductions that result from the imple- ‘‘(20) TRANSIT-ORIENTED CAR SHARING.—The On page 444, strike lines 18 through 20 and mentation of this section. term ‘transit-oriented car sharing’, when insert the following: ‘‘(2) CREDITING.—An emission reduction de- used with respect to a project, means a ‘‘(iv) an idle reduction control technology; scribed in paragraph (1) may be credited to- project that— or ward demonstrating conformity of State im- ‘‘(A) is designed—

VerDate Mar 15 2010 03:34 Feb 17, 2012 Jkt 019060 PO 00000 Frm 00058 Fmt 4624 Sfmt 0634 E:\CR\FM\A16FE6.062 S16FEPT1 pwalker on DSK7TPTVN1PROD with SENATE February 16, 2012 CONGRESSIONAL RECORD — SENATE S863 ‘‘(i) to achieve local, community-based en- occurrence of the natural disaster or cata- LEVIN, Ms. KLOBUCHAR, Mr. SANDERS, vironmental and social objectives by acquir- strophic failure may amount to 100 percent Mr. BEGICH, Mr. LEAHY, and Ms. STABE- ing or contracting for equipment or a facil- of the cost of the repairs; NOW) submitted an amendment in- ity for use in providing cars through a mem- ‘‘(2) the Federal share payable for any re- tended to be proposed by her to the bill bership based service that is available to all pair or reconstruction of Federal land trans- qualified drivers in a community, including portation facilities and tribal transportation S. 1813, to reauthorize Federal-aid expenses incidental to such acquisition and facilities may amount to 100 percent of the highway and highway safety construc- to the marketing of the service (including cost of the repair or reconstruction; tion programs, and for other purposes; vehicle acquisition, insurance, and acquiring ‘‘(3) the Secretary shall extend the time which was ordered to lie on the table; parking facilities); period in paragraph (1) taking into consider- as follows: ‘‘(ii) for use during a short time and for ation any delay in the ability of the State to Beginning on page 264, strike line 23 and short-distance trips; and access damaged facilities to evaluate damage all that follows through page 267, line 9, and ‘‘(iii) as an extension of a public transpor- and the cost of repair; and insert the following: tation system; ‘‘(4) the Federal share payable for eligible ‘‘(5) SPECIAL RULES FOR SMALL METROPOLI- ‘‘(B) provides accessible, low-cost vehicles permanent repairs to restore damaged facili- TAN PLANNING ORGANIZATIONS.— serving many types of individuals; and ties to predisaster condition may amount to ‘‘(A) IN GENERAL.—Subject to subparagraph ‘‘(C) is transit-oriented and promotes walk- 100 percent of the cost of the repairs if the el- (B), a metropolitan planning organization ing, biking, and public transportation as pri- igible expenses incurred by the State due to subject to this section and chapter 53 of title mary methods of transportation.’’. natural disasters or catastrophic failures in 49 (as in effect on the day before the date of a Federal fiscal year exceeds the annual ap- enactment of the MAP-21) shall continue to SA 1674. Mr. CASEY (for himself and portionment of the State under section 104 be designated as a metropolitan planning or- Mr. UDALL of New Mexico) submitted for the fiscal year in which the disasters or ganization subject to this section (as amend- an amendment intended to be proposed failures occurred.’’; ed by that Act) if the metropolitan planning by him to the bill S. 1813, to reauthor- organization— SA 1677. Mr. SANDERS (for himself, ize Federal-aid highway and highway ‘‘(i) serves an urbanized area; and Mr. MENENDEZ, Mr. LAUTENBERG, and safety construction programs, and for ‘‘(ii) the population of the urbanized area Mr. LEAHY) submitted an amendment other purposes; which was ordered to is more than 50,000 individuals and less than intended to be proposed by him to the 200,000 individuals. lie on the table; as follows: bill S. 1813, to reauthorize Federal-aid ‘‘(B) EXCEPTION.—Subparagraph (A) shall Beginning on page 585, strike line 22 and highway and highway safety construc- not apply if the Governor and units of gen- all that follows through page 586, line 4, and tion programs, and for other purposes; eral purpose local government— insert the following: ‘‘(i) agree to terminate the designation de- ‘‘(1) defines a recommended implementa- which was ordered to lie on the table; as follows: scribed in subparagraph (A); and tion path for dedicated short-range commu- ‘‘(ii) together represent at least 75 percent nications technology and applications; On page 469, after line 22, insert the fol- of the population described in subparagraph ‘‘(2) includes guidance on the relationship lowing: (A)(ii), based on the latest available decen- of the proposed deployment of dedicated SEC. 15lll. WEATHERIZATION ASSISTANCE nial census conducted under section 141(a) of short-range communications to the National PROGRAM FOR LOW-INCOME PER- title 13, United States Code. SONS FORMULA. ITS Architecture and ITS Standards; and ‘‘(C) TREATMENT.—A metropolitan plan- Notwithstanding the Consolidated Appro- ‘‘(3) ensures competition by not ning organization described in subparagraph priations Act, 2012 (Public Law 112–74) or any preferencing the use of any particular fre- (A) shall be treated, for purposes this section amendment made by that Act, the Secretary quency for vehicle to infrastructure oper- and chapter 53 of title 49 as a metropolitan of Energy shall distribute amounts allocated ations. planning organization that is subject to this for the Weatherization Assistance Program section (as amended by the MAP-21). for Low-Income Persons established under SA 1675. Mr. CASEY submitted an On page 267, line 10, strike ‘‘(8)’’ and insert part A of title IV of the Energy Conservation amendment intended to be proposed by ‘‘(6)’’. and Production Act (42 U.S.C. 6861 et seq.) for him to the bill S. 1813, to reauthorize fiscal year 2012 in accordance with the allo- SA 1680. Mr. BINGAMAN (for him- Federal-aid highway and highway safe- cation formula in section 414(a) of that Act self, and Mr. DURBIN) submitted an ty construction programs, and for (42 U.S.C. 6864(a)) (as in effect on the day be- other purposes; which was ordered to fore the date of enactment of the Consoli- amendment intended to be proposed by lie on the table; as follows: dated Appropriations Act, 2012 (Public Law him to the bill S. 1813, to reauthorize Federal-aid highway and highway safe- On page 491, strike lines 5 through 8 and in- 112–74)). ty construction programs, and for sert the following: SA 1678. Mrs. SHAHEEN submitted ‘‘(XVII) studies on the effectiveness of other purposes; which was ordered to fiber-based additives to improve the dura- an amendment intended to be proposed lie on the table; as follows: bility of surface transportation materials in by her to the bill S. 1813, to reauthorize On page 45, between lines 3 and 4, insert various geographic regions Federal-aid highway and highway safe- the following: ‘‘(XVIII) studies of infrastructure resil- ty construction programs, and for ‘‘(C) FURTHER ADJUSTMENT FOR PRIVATIZED ience and other adaptation measures; and other purposes; which was ordered to HIGHWAYS.— ‘‘(XIX) maintenance of seismic lie on the table; as follows: ‘‘(i) DEFINITION OF PRIVATIZED HIGHWAY.—In At the appropriate place, insert the fol- this subparagraph: SA 1676. Mr. SANDERS submitted an lowing: ‘‘(I) IN GENERAL.—The term ‘privatized amendment intended to be proposed by SEC. ll. OPERATING COST OF EQUIPMENT AND highway’ means a highway that was for- him to the bill S. 1813, to reauthorize FACILITIES FOR PUBLIC TRANSPOR- merly a publically operated toll road that is Federal-aid highway and highway safe- TATION SYSTEMS THAT OPERATE subject to an agreement giving a private en- ty construction programs, and for FEWER THAN 50 BUSES. tity— Section 5307(a)(2) of title 49, United States ‘‘(aa) control over the operation of the other purposes; which was ordered to Code, as amended by this Act, is amended— highway; and lie on the table; as follows: (1) in subparagraph (A), by striking ‘‘75 or ‘‘(bb) ownership over the toll revenues col- Beginning on page 435, strike line 22 and fewer’’ and inserting ‘‘a minimum of 50 buses lected from the operation of the highway. all that follows through page 437, line 10, and and a maximum of 75’’; ‘‘(II) EXCLUSION.—The term ‘privatized insert the following: (2) by redesignating subparagraphs (A) and highway’ does not include any highway or (2) by striking subsection (e) and inserting (B) as subparagraphs (B) and (C), respec- toll road that was originally— the following: tively; and ‘‘(aa) financed and constructed using pri- ‘‘(e) EMERGENCY RELIEF.—The Federal (3) by inserting before subparagraph (B), as vate funds; and share payable for any repair or reconstruc- so redesignated, the following: ‘‘(bb) operated by a private entity. tion provided for by funds made available ‘‘(A) for public transportation systems ‘‘(ii) ADJUSTMENT.—After making the ad- under section 125 for any project on a Fed- that operate fewer than 50 buses during peak justments to the apportionment of a State eral-aid highway, including the Interstate service hours, in an amount not to exceed 100 under subparagraphs (A) and (B), the Sec- System, shall not exceed the Federal share percent of the share of the apportionment retary shall further adjust the amount to be payable on a project on the system as pro- which is attributable to such systems within apportioned to the State by reducing the ap- vided in subsections (a) and (b), except that— the urbanized area, as measured by vehicle portionment by an amount equal to the ‘‘(1) the Federal share payable for eligible revenue hours;’’. product obtained by multiplying— emergency repairs to minimize damage, pro- ‘‘(I) the amount to be apportioned to the tect facilities, or restore essential traffic ac- SA 1679. Mrs. SHAHEEN (for herself, State, as so adjusted under those subpara- complished within 180 days after the actual Ms. MURKOWSKI, Ms. COLLINS, Mr. graphs; and

VerDate Mar 15 2010 05:00 Feb 17, 2012 Jkt 019060 PO 00000 Frm 00059 Fmt 4624 Sfmt 0634 E:\CR\FM\A16FE6.063 S16FEPT1 pwalker on DSK7TPTVN1PROD with SENATE S864 CONGRESSIONAL RECORD — SENATE February 16, 2012 ‘‘(II) the percentage described in clause diation exposure (such as an examination of ‘‘(3) (iii). enzyme levels after x-ray exposure to deter- ‘‘(iii) PERCENTAGE.—The percentage re- mine if there is a biological response to cel- SA 1683. Mr. SCHUMER submitted an ferred to in clause (ii) is the percentage lular damage caused by such an exposure); amendment intended to be proposed by equal to the sum obtained by adding— (D) assess the fail-safe mechanisms of such him to the bill S. 1813, to reauthorize ‘‘(I) the product obtained by multiplying— machines in order to determine the optimal Federal-aid highway and highway safe- 1 ‘‘(aa) ⁄2; and operating efficacy of such machines; ty construction programs, and for ‘‘(bb) the proportion that— (E) ensure that any tests performed are ‘‘(AA) the total number of lane miles on replicable; other purposes; which was ordered to privatized highway lanes on National High- (F) obtain peer review of any tests per- lie on the table; as follows: way System routes in a State; bears to formed; and On page 157, line 8, strike ‘‘reduction’’. ‘‘(BB) the total number of all lane miles on (G) meet such other requirements as the National Highway System routes in the Under Secretary shall specify for purposes of SA 1684. Mr. SCHUMER submitted an State; and the study. amendment intended to be proposed by ‘‘(II) the product obtained by multiplying— (4) REPORT.— him to the bill S. 1813, to reauthorize 1 ‘‘(aa) ⁄2; and (A) EVALUATION.—The Under Secretary Federal-aid highway and highway safe- ‘‘(bb) the proportion that— shall provide for an independent panel, in ty construction programs, and for ‘‘(AA) the total number of vehicle miles consultation with the National Science traveled on privatized highway lanes on Na- other purposes; which was ordered to Foundation, with expertise in conducting lie on the table; as follows: tional Highway System routes in the State; similar evaluations, to evaluate the data col- bears to lected under the study to assess the health On page 602, between lines 3 and 4, insert ‘‘(BB) the total number of vehicle miles risks posed by backscatter x-ray machines to the following: traveled on all lanes on National Highway individuals and groups of people screened or ‘‘(3) COTERMINUS OBLIGATIONS.—Since a se- System routes in the State. affected by such machines, including— cured loan under section 603 constitutes Fed- (i) frequent air travelers; eral aid under this title, the obligations set SA 1681. Ms. COLLINS (for herself, (ii) employees of the Transportation Secu- forth in section 129 shall be coterminus with Mr. BROWN of Massachusetts, Mr. rity Administration; the successful repayment of such loan. LEVIN, Mr. KYL, Mr. AKAKA, and Mr. (iii) flight crews; COBURN) submitted an amendment in- (iv) other individuals who work at an air- SA 1685. Mr. SCHUMER submitted an tended to be proposed by her to the bill port; and amendment intended to be proposed by S. 1813, to reauthorize Federal-aid (v) individuals with greater sensitivity to him to the bill S. 1813, to reauthorize highway and highway safety construc- radiation, such as children, pregnant women, Federal-aid highway and highway safe- tion programs, and for other purposes; the elderly, and cancer patients. ty construction programs, and for which was ordered to lie on the table; (B) CONSIDERATIONS.—In conducting the other purposes; which was ordered to as follows: evaluation under subparagraph (A), the panel lie on the table; as follows: shall— At the appropriate place, insert the fol- (i) conduct a literature review of relevant At the appropriate place, insert the following: clinical and academic literature; and lowing: SEC. ll. STUDY OF HEALTH EFFECTS OF (ii) consider the risk of backscatter x-ray SEC. lll. AUTHORIZATION OF LOCAL RESIDEN- BACKSCATTER X-RAY MACHINES. technology from a public health perspective TIAL OR COMMUTER TOLL, USER (a) IN GENERAL.—The Under Secretary for FEE, OR FARE DISCOUNT PRO- in addition to the individual risk to each air- Science and Technology in the Department GRAMS. line passenger. of Homeland Security shall provide for the (a) PURPOSE.—The purpose of this section (C) REPORTS.— conduct of an independent study of the ef- is to expressly authorize the establishment fects on human health caused by the use of (i) PROGRESS REPORTS.—Not later than 90 of programs that offer discounted transpor- backscatter x-ray machines at airline check- days after the date of the enactment of this tation tolls, user fees, and fares for residents points operated by the Transportation Secu- Act, and periodically thereafter until the in specific geographic areas, as necessary or rity Administration. final report is submitted pursuant to clause appropriate. (b) REQUIREMENTS FOR STUDY.— (ii), the Under Secretary shall submit a re- (b) AUTHORITY TO PROVIDE RESIDENTIAL OR (1) CONDUCT.—The study required under port to Congress that contains the prelimi- COMMUTER TOLL, USER FEE, OR FARE DIS- subsection (a) shall be— nary findings of the study conducted under COUNT PROGRAMS.— (A) initiated not later than 90 days after this subsection. (1) IN GENERAL.—States, counties, munici- the date of the enactment of this Act; (ii) FINAL REPORT.—Not later than 90 days palities, and multi-jurisdictional transpor- (B) conducted by an independent labora- after the date on which the panel completes tation authorities that operate or manage tory selected by the Under Secretary, in con- the evaluation required under this para- roads, highways, bridges, railroads, busses, sultation with the National Science Founda- graph, the Under Secretary shall submit a ferries, or other transportation systems are tion, from among laboratories with expertise report to Congress that contains the result authorized to establish programs that offer in the conduct of similar studies; and of the study and evaluation conducted under discounted transportation tolls, user fees, or (C) to the maximum extent practicable, this subsection. other fares for residents of specific geo- (c) SIGNAGE REQUIREMENT RELATING TO consistent with standard evaluations of radi- graphic areas in order to reduce or alleviate BACKSCATTER X-RAY MACHINES.—The Admin- ological medical equipment. toll burdens imposed upon such residents. istrator of the Transportation Security Ad- (2) TESTING EQUIPMENT.—In conducting the (2) RETROACTIVE APPLICABILITY.—The au- ministration shall ensure that large, easily study, the laboratory shall, to the maximum thority set forth in paragraph (1) shall apply readable signs or equivalent electronic dis- extent practicable— plays are placed at the front of airline pas- to residential or commuter toll, user fee, and (A) use calibration testing equipment de- senger check point queues where backscatter fare discount programs established before, veloped by the laboratory for purposes of advanced imaging technology machines are on, or after the date of the enactment of this study; and used for screening to inform airline pas- Act. (B) use commercially-available calibration sengers, particularly passengers who may be (c) RULEMAKING WITH RESPECT TO THE testing equipment as a control. sensitive to radiation exposure, that they STATE, LOCAL, OR AGENCY PROVISION OF (3) ELEMENTS.—In conducting the study, may request to undergo alternative screen- TOLL, USER FEE, OR FARE DISCOUNT PRO- the laboratory shall, to the maximum extent ing procedures instead of passing through a GRAMS TO LOCAL RESIDENTS OR COMMUTERS.— practicable and consistent with recognized backscatter x-ray machine. States, counties, municipalities, and multi- protocols for independent scientific testing— jurisdictional transportation authorities (A) dismantle and evaluate one or more SA 1682. Mr. SCHUMER submitted an that operate or manage roads, highways, backscatter x-ray machine used at airline amendment intended to be proposed by bridges, railroads, busses, ferries, or other checkpoints operated by the Transportation him to the bill S. 1813, to reauthorize transportation systems are authorized to Security Administration in order to deter- Federal-aid highway and highway safe- enact such rules or regulations that may be mine— necessary to establish the programs author- (i) the placement of testing equipment so ty construction programs, and for ized under subsection (b). that radiation emission readings during the other purposes; which was ordered to (d) RULE OF CONSTRUCTION.—Nothing in testing of such machines are as accurate as lie on the table; as follows: this section may be construed to limit or possible; and On page 128, line 9, strike ‘‘(2)’’ and insert otherwise interfere with the authority, as of (ii) how best to measure the dose emitted the following: the date of the enactment of this Act, of per scan; ‘‘(2) PRIORITY PROJECTS.—In selecting States, counties, municipalities, and multi- (B) determine the failure rates and effects projects under paragraph (1), priority shall jurisdictional transportation authorities of use of such machines; be given to projects that address safety im- that operate or manage roads, highways, (C) include the use of alternative testing provement in areas with a high number of bridges, railroads, busses, ferries, or other methods in the determination of levels of ra- pedestrian accidents. transportation systems.

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Mr. SCHUMER submitted an making required under paragraph (1), the Points to the North Shore Helicopter Route amendment intended to be proposed by Secretary shall consider— remaining over water; him to the bill S. 1813, to reauthorize ‘‘(A) the frequency with which safety per- (C) appropriate safeguards for safety and Federal-aid highway and highway safe- formance ratings will be assigned and up- operational necessity, including safeguards dated, which updates shall take place at to avoid adverse effects on the safe and effi- ty construction programs, and for least once per year; cient use and management of the national other purposes; which was ordered to ‘‘(B) the specific data elements and sources airspace system; and lie on the table; as follows: of information to be utilized in establishing (D) penalties for failing to comply with the At the end of subtitle A of title I of divi- and updating safety performance ratings for requirements described in subparagraph (A). sion C, add the following: motorcoaches; (3) LOS ANGELES COUNTY FLIGHT PATHS.— SEC. 31115. MAXIMUM HOUR REQUIREMENTS. ‘‘(C) the need and extent to which safety Not later than 2 years after the date of the Section 13(b)(1) of the Fair Labor Stand- performance ratings should be made avail- enactment of this Act, the Administrator of ards Act of 1938 (29 U.S.C. 213(b)(1)) is amend- able in languages other than English; and the Federal Aviation Administration shall ed by inserting before the semicolon the fol- ‘‘(D) penalties authorized under section prescribe regulations for helicopter oper- lowing: ‘‘, except a driver of an ‘over-the- 521. ations in Los Angeles County, California, road bus’ (as defined in section 3038(a)(3) of ‘‘(3) INSUFFICIENT INSPECTIONS.—Any motor that include requirements relating to the the Transportation Equity Act for the 21st carrier for which insufficient safety data is flight paths and altitudes associated with Century (Public Law 105–178; 49 U.S.C. 5310 available shall display a label warning of such operations to reduce helicopter noise note))’’. such insufficiency. pollution in residential areas, increase safe- ‘‘(c) EFFECT ON STATE AND LOCAL LAW.— ty, and minimize commercial aircraft delays. SA 1687. Mr. SCHUMER submitted an Nothing in this section may be construed to (b) EXCEPTIONS FOR EMERGENCY, LAW EN- amendment intended to be proposed by preempt a State, or a political subdivision of FORCEMENT, BROADCASTING AND MILITARY a State, from enforcing any requirements HELICOPTERS.—The rules required under sub- him to the bill S. 1813, to reauthorize section (a) shall provide exceptions for heli- Federal-aid highway and highway safe- concerning the manner and content of consumer information provided by motor car- copter activity related to emergency, law en- ty construction programs, and for riers that are not subject to the Secretary’s forcement, broadcast news gathering, or other purposes; which was ordered to jurisdiction under section 13501.’’. military activities.. (c) COMPLIANCE MONITORING.—For the 24 lie on the table; as follows: (b) CLERICAL AMENDMENT.—The analysis of month period following the completion of At the appropriate place, insert the fol- chapter 141 of title 49, United States Code, is amended by inserting after the item relating the rulemakings required in subsection (a), lowing: the Administrator of the Federal Aviation to section 14104 the following: SEC. lll. DISCLOSURE OF SAFETY PERFORM- Administration shall monitor compliance ANCE RATINGS OF MOTORCOACH ‘‘Sec. 14105. Safety performance ratings of with the rulemakings required under sub- SERVICES AND OPERATIONS. motorcoach services and oper- section (a). This monitoring shall include (a) IN GENERAL.—Subchapter I of chapter ations.’’. both the route and altitude of helicopter op- 141 of title 49, United States Code, is amend- erations. ed by adding at the end the following: SA 1688. Mr. SCHUMER (for himself (d) CONSULTATIONS.—In prescribing the reg- ‘‘§ 14105. Safety performance ratings of mo- and Mrs. GILLIBRAND) submitted an ulations under subsection (a)(3), the Admin- torcoach services and operations amendment intended to be proposed by istrator of the Federal Aviation Administra- ‘‘(a) DEFINITIONS.—In this section: him to the bill S. 1813, to reauthorize tion shall make reasonable efforts to consult ‘‘(1) MOTORCOACH.— Federal-aid highway and highway safe- with local communities and local helicopter operators in order to develop regulations ‘‘(A) IN GENERAL.—Except as provided in ty construction programs, and for subparagraph (B), the term ‘motorcoach’ has that meet the needs of local communities, the meaning given to the term ‘over-the-road other purposes; which was ordered to helicopter operators, and the Federal Avia- bus’ in section 3038(a)(3) of the Transpor- lie on the table; as follows: tion Administration. tation Equity Act for the 21st Century (49 At the appropriate place, insert the fol- (e) REPORT TO CONGRESS.—Within 60 days U.S.C. 5310 note). lowing: of the conclusion of the compliance monitoring required in subsection (c), the Admin- ‘‘(B) INCLUSIONS AND EXCLUSIONS.—The SEC. ll. CONTROLLING HELICOPTER NOISE term ‘motorcoach’— POLLUTION IN RESIDENTIAL AREAS. istrator shall submit to the Committee on Commerce, Science, and Transportation of ‘‘(i) includes a motor vehicle used to trans- (a) RULEMAKING WITH RESPECT TO REDUC- the Senate and the Committee on Transpor- port passengers that has a gross vehicle ING HELICOPTER NOISE POLLUTION.— tation and Infrastructure of the House of weight of at least 10,001 pounds; and (1) NEW YORK NORTH SHORE HELICOPTER Representatives a report that includes, at ‘‘(ii) does not include— ROUTE.—Not later than 1 year after the date minimum— ‘‘(I) a bus used in public transportation of the enactment of this Act, the Adminis- (1) the compliance rate of helicopter oper- that is provided by a State or local govern- trator of the Federal Aviation Administra- ations; ment; or tion shall issue a final rule in Docket No. (2) the average altitude of helicopter oper- ‘‘(II) a school bus (as defined in section FAA-2010-0302 (The New York North Shore ations; 30125(a)(1)), including a multifunction school Helicopter Route), without additional notice (3) a comparison of North Shore and South activity bus. and comment. The final rule shall include— Shore route use; ‘‘(2) MOTORCOACH SERVICES AND OPER- (A) a requirement for helicopter operators (4) analysis of season, time and day use of ATIONS.—The term ‘motorcoach services and to utilize the North Shore route, as charted, the helicopter operations; and operations’ means passenger transportation when operating in that area of Long Island, (5) analysis of impact to commercial air- by a motorcoach for compensation. New York; craft arrival and departure flows. ‘‘(b) RULEMAKING.— (B) a requirement for helicopter operations ‘‘(1) IN GENERAL.—Not later than 1 year to enter and exit the west terminus of North SA 1689. Mr. SCHUMER submitted an after the date on which the safety fitness de- Shore Helicopter Route over water at amendment intended to be proposed by termination rule is implemented, the Sec- VPROK; retary shall require, by regulation— (C) appropriate safeguards for safety and him to the bill S. 1813, to reauthorize ‘‘(A) each motor carrier that owns or operational necessity, including safeguards Federal-aid highway and highway safe- leases 1 or more motorcoaches that trans- to avoid adverse effects on the safe and effi- ty construction programs, and for port passengers subject to the Secretary’s ju- cient use and management of the national other purposes; which was ordered to risdiction under section 13501 to display airspace system; and lie on the table; as follows: prominently in each terminal of departure, (D) penalties for failing to comply with the At the appropriate place, insert the fol- on the motorcoach if the motorcoach does requirements described in subparagraph (A). lowing: not depart from a terminal, and at all points (2) LONG ISLAND SOUTH SHORE ROUTE.—Not SEC. ll. INTEROPERABILITY OF ELECTRONIC of sale for such motorcoach services and op- later than 18 months after the date of enact- TOLL COLLECTION SYSTEMS. erations, a simple and understandable letter ment of this Act, the Administrator of the (a) DEFINITIONS.—In this section: grade rating system that allows motorcoach Federal Aviation Administration shall issue (1) DEMONSTRATION PROGRAM AREA.—The passengers to compare the safety perform- a notice of proposed rulemaking to address term ‘‘demonstration program area’’ means ance of motorcoach operators; and helicopter noise on the South Shore of Long the toll transportation facilities that are af- ‘‘(B) any person who sells tickets for mo- Island, New York. The proposed rule shall in- filiated with the E-ZPass Interagency Group torcoach services and operations to display clude— or located in States through which Inter- the letter grade rating system described in (A) a requirement for helicopter operators state Highway 95 passes. subparagraph (A) at all points of sale for to utilize the South Shore route, as charted, (2) ELECTRONIC TOLL COLLECTION.—the term such motorcoach services and operations. when operating in that area of Long Island, ‘‘electronic toll collection’’ means the col- ‘‘(2) ITEMS INCLUDED IN THE RULEMAKING.— New York; lection of tolls based on the identification In promulgating safety performance ratings (B) an expansion of the existing route to and classification of vehicles through elec- for motorcoaches pursuant to the rule- include linkage east of Orient and Montauk tronic systems.

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(b) DEMONSTRATION PROGRAM.—Not later ‘‘(2) the bond is issued by a State infra- ‘‘(B) to incur a binding commitment with a than 5 years after the date of the enactment structure bank and is in registered form third party— of this Act, the operator of any electronic (within the meaning of section 149(a)), ‘‘(i) to spend at least 10 percent of the pro- toll collection facility in the demonstration ‘‘(3) the State infrastructure bank des- ceeds of such issue, or program area shall implement policies and ignates such bond for purposes of this sec- ‘‘(ii) to commence construction, procedures to enable customers with action, with respect to such projects within the 12- counts in good standing with any other elec- ‘‘(4) the term of each bond which is part of month period beginning on such date, and tronic toll collection system to electroni- such issue does not exceed 30 years, ‘‘(C) to proceed with due diligence to com- cally pass through its toll facilities within ‘‘(5) the issue meets the requirements of plete such projects and to spend the proceeds the demonstration program area. subsection (e), of such issue. (c) INTEROPERABLE ELECTRONIC TOLL COL- ‘‘(6) the State infrastructure bank certifies ‘‘(2) RULES REGARDING CONTINUING COMPLI- LECTION SYSTEM.—Not later than 10 years that the State meets the State contribution ANCE AFTER 5-YEAR DETERMINATION.—To the after the date of the enactment of this Act, requirement of subsection (h) with respect to extent that less than 100 percent of the avail- the operators of all toll transportation fa- such project, as in effect on the date of able project proceeds of such issue are ex- cilities located on highways constructed or issuance, and pended by the close of the 5-year expenditure maintained with financial assistance from ‘‘(7) the State infrastructure bank certifies period beginning on the date of issuance, the the Highway Trust Fund shall jointly imple- the State meets the requirement described State infrastructure bank shall redeem all of ment a comprehensive interoperable elec- in subsection (i). the nonqualified bonds within 90 days after tronic toll collection system that— ‘‘(b) QUALIFIED PROJECT.—For purposes of the end of such period. For purposes of this (1) promotes interstate commerce; this section— paragraph, the amount of the nonqualified (2) enhances public safety; ‘‘(1) IN GENERAL.—The term ‘qualified bonds required to be redeemed shall be deter- (3) improves mobility; and project’ means the capital improvements to mined in the same manner as under section (4) protects the environment. any transportation infrastructure project of 142. ECAPTURE OF PORTION OF CREDIT any governmental unit or other person, in- ‘‘(f) R WHERE CESSATION OF COMPLIANCE.—If any SA 1690. Mr. SCHUMER submitted an cluding roads, bridges, rail and transit sys- bond which when issued purported to be a tems, ports, and inland waterways proposed amendment intended to be proposed by TRIP bond ceases to be such a bond, the and approved by a State infrastructure bank, him to the bill S. 1813, to reauthorize State infrastructure bank shall pay to the Federal-aid highway and highway safe- but does not include costs of operations or United States (at the time required by the ty construction programs, and for maintenance with respect to such project. Secretary) an amount equal to the sum of— other purposes; which was ordered to ‘‘(2) CERTAIN FEDERAL PROJECTS.—Such ‘‘(1) the aggregate of the credits allowable term may include the Federal share or por- lie on the table; as follows: under section 54A with respect to such bond tion thereof, of a congressionally authorized (determined without regard to section In section 403(b)(1) of title 23, United project where all environmental studies have 54A(c)) for taxable years ending during the States Code, as amended by section 31103 of been completed and the United States Army calendar year in which such cessation occurs this bill, strike subparagraph (D) and insert Corps of Engineers Chief’s Report has been and each succeeding calendar year ending the following: completed successfully. with the calendar year in which such bond is ‘‘(D) the development of technologies to ‘‘(c) APPLICABLE CREDIT RATE.—In lieu of redeemed by the bank, and detect drug impaired drivers; and section 54A(b)(3), for purposes of section ‘‘(2) interest at the underpayment rate ‘‘(E) the effect of State laws on any as- 54A(b)(2), the applicable credit rate with re- under section 6621 on the amount determined pects, activities, or programs described in spect to an issue under this section is the under paragraph (1) for each calendar year subparagraphs (A) through (D). rate equal to an average market yield (as of for the period beginning on the first day of the day before the date of sale of the issue) such calendar year. SA 1691. Mr. SCHUMER submitted an on outstanding long-term corporate debt ob- ‘‘(g) TRIP BONDS TRUST ACCOUNTS.— amendment intended to be proposed by ligations (determined in such manner as the ‘‘(1) IN GENERAL.—The following amounts him to the bill S. 1813, to reauthorize Secretary prescribes). shall be held in a TRIP Bonds Trust Account Federal-aid highway and highway safe- ‘‘(d) LIMITATION ON AMOUNT OF BONDS DES- by each State infrastructure bank: ty construction programs, and for IGNATED.— ‘‘(A) The proceeds from the sale of all other purposes; which was ordered to ‘‘(1) IN GENERAL.—The maximum aggregate bonds issued by such bank under this sec- lie on the table; as follows: face amount of bonds which may be des- tion. ignated under subsection (a) by any State in- ‘‘(B) The investment earnings on proceeds On page 487, line 12, insert ‘‘and bridge’’ frastructure bank shall not exceed the TRIP from the sale of such bonds. after ‘‘highway’’. bond limitation amount allocated to such ‘‘(C) 2 percent of the amount described in On page 489, line 22, insert ‘‘and bridge’’ bank under paragraph (3). paragraph (2). after ‘‘highway’’. ‘‘(2) NATIONAL LIMITATION AMOUNT.—There ‘‘(D) The amounts described in subsection is a TRIP bond limitation amount for each (h). SA 1692. Mr. WYDEN (for himself, calendar year. Such limitation amount is— ‘‘(E) Any earnings on any amounts de- Mr. HOEVEN, and Mr. BEGICH) sub- ‘‘(A) $10,000,000,000 for 2013, scribed in subparagraph (A), (B), (C), or (D). mitted an amendment intended to be ‘‘(B) $15,000,000,000 for 2014, and ‘‘(2) APPROPRIATION OF REVENUES.—There is proposed by him to the bill S. 1813, to ‘‘(C) except as provided in paragraph (4), hereby transferred to each TRIP Bonds Trust reauthorize Federal-aid highway and zero thereafter. Account an amount equal to 2 percent of the highway safety construction programs, ‘‘(3) ALLOCATIONS TO STATES.—The TRIP lesser of— and for other purposes; which was or- bond limitation amount for each calendar ‘‘(A) the revenues resulting from the impo- year shall be allocated by the Secretary dered to lie on the table; as follows: sition of fees pursuant to section 13031 of the among the States such that each State is al- Consolidated Omnibus Budget Reconciliation At the appropriate place, insert the fol- located 2 percent of such amount. Act of 1985 (19 U.S.C. 58c) for fiscal years be- lowing: ‘‘(4) CARRYOVER OF UNUSED ISSUANCE LIMI- ginning after September 30, 2021, or SEC. llll. CREDIT TO HOLDERS OF TRIP TATION.—If for any calendar year the TRIP ‘‘(B) $25,000,000,000. BONDS. bond limitation amount under paragraph (2) ‘‘(3) USE OF FUNDS.—Amounts in each TRIP (a) SHORT TITLE.—This section may be exceeds the amount of TRIP bonds issued Bonds Trust Account may be used only to cited as the ‘‘Transportation and Regional during such year, such excess shall be car- pay costs of qualified projects and redeem Infrastructure Project Bonds Act of 2012’’ or ried forward to 1 or more succeeding cal- TRIP bonds, except that amounts withdrawn ‘‘TRIP Bonds Act’’. endar years as an addition to the TRIP bond from the TRIP Bonds Trust Account to pay (b) IN GENERAL.—Subpart I of part IV of limitation amount under paragraph (2) for costs of qualified projects may not exceed subchapter A of chapter 1 of the Internal such succeeding calendar year and until used the proceeds from the sale of TRIP bonds de- Revenue Code of 1986 is amended by adding by issuance of TRIP bonds. scribed in subsection (a)(1). at the end the following new section: ‘‘(e) SPECIAL RULES RELATING TO EXPENDI- ‘‘(4) USE OF REMAINING FUNDS IN TRIP BONDS ‘‘SEC. 54G. TRIP BONDS. TURES.— TRUST ACCOUNT.—Upon the redemption of all ‘‘(a) TRIP BOND.—For purposes of this sub- ‘‘(1) IN GENERAL.—An issue shall be treated TRIP bonds issued by the State infrastruc- part, the term ‘TRIP bond’ means any bond as meeting the requirements of this sub- ture bank under this section, any remaining issued as part of an issue if— section if, as of the date of issuance, the amounts in the TRIP Bonds Trust Account ‘‘(1) 100 percent of the available project State infrastructure bank reasonably ex- held by such bank shall be available to pay proceeds of such issue are to be used for expects— the costs of any qualified project in such penditures incurred after the date of the en- ‘‘(A) at least 100 percent of the available State. actment of this section for 1 or more quali- project proceeds of such issue are to be spent ‘‘(5) APPLICABILITY OF FEDERAL LAW.—The fied projects pursuant to an allocation of for 1 or more qualified projects within the 5- requirements of any Federal law, including such proceeds to such project or projects by year expenditure period beginning on such titles 23, 40, and 49 of the United States Code, a State infrastructure bank, date, which would otherwise apply to projects to

VerDate Mar 15 2010 03:52 Feb 17, 2012 Jkt 019060 PO 00000 Frm 00062 Fmt 4624 Sfmt 0634 E:\CR\FM\A16FE6.068 S16FEPT1 pwalker on DSK7TPTVN1PROD with SENATE February 16, 2012 CONGRESSIONAL RECORD — SENATE S867 which the United States is a party or to (D) by inserting ‘‘(paragraphs (3), (4), and (6) the Federal role in highway transpor- funds made available under such law and (6), in the case of a TRIP bond)’’ after ‘‘and tation has, over time, usurped the role of the projects assisted with those funds shall apply (6)’’. States by taxing motor fuels used in the to— (2) Subparagraph (C) of section 54A(d)(2) of States and then distributing the proceeds to ‘‘(A) funds made available under each TRIP such Code is amended by striking ‘‘and’’ at the States based on the Federal Govern- Bonds Trust Account for similar qualified the end of clause (iv), by striking the period ment’s perceptions of what is best for the projects, other than contributions required at the end of clause (v) and inserting ‘‘, and’’, States; under subsection (h), and and by adding at the end the following new (7) the Federal Government has used the ‘‘(B) similar qualified projects assisted clause: Federal motor fuels tax revenues to force all through the use of such funds. ‘‘(vi) in the case of a TRIP bond, a purpose States to take actions that are not nec- ‘‘(6) INVESTMENT.—Subject to subsections specified in section 54G(a)(1).’’. essarily appropriate for individual States; (e) and (f), it shall be the duty of the State (d) CLERICAL AMENDMENT.—The table of (8) the Federal distribution, review, and infrastructure bank to invest in investment sections for subpart I of part IV of sub- enforcement process wastes billions of dol- grade obligations such portion of the TRIP chapter A of chapter 1 of the Internal Rev- lars on unproductive activities; Bonds Trust Account held by such Bank as is enue Code of 1986 is amended by adding at (9) Federal mandates that apply uniformly not, in the judgment of such bank, required the end the following new item: to all 50 States, regardless of the different to meet current withdrawals. To the max- ‘‘Sec. 54G. TRIP bonds.’’. circumstances of the States, cause the imum extent practicable, investments (e) EFFECTIVE DATE.—The amendments States to waste billions of hard-earned tax should be made in securities that support in- made by this section shall apply to bonds dollars on projects, programs, and activities frastructure investment at the State and issued after December 31, 2012. that the States would not otherwise under- local level. (f) EXTENSION OF CUSTOMS USER FEES.— take; and ‘‘(h) STATE CONTRIBUTION REQUIREMENTS.— Section 13031(j)(3) of the Consolidated Omni- (10) Congress has expressed a strong inter- ‘‘(1) IN GENERAL.—For purposes of sub- bus Budget Reconciliation Act of 1985 (19 est in reducing the role of the Federal Gov- section (a)(6), the State contribution re- U.S.C. 58c(j)(3)) is amended by adding at the ernment by allowing each State to manage quirement of this subsection is met with re- end the following: its own affairs. spect to any qualified project if the State in- ‘‘(E)(i) Notwithstanding subparagraph (A), (b) PURPOSES.—The purposes of this Act frastructure bank has received for deposit fees may be charged under paragraphs (9) and are— into the TRIP Bonds Trust Account held by (10) of subsection (a) during the period begin- (1) to return to the individual States max- such bank from 1 or more States, not later ning on October 1, 2021, and ending on Octo- imum discretionary authority and fiscal re- than the date of issuance of the bond, the ber 1, 2029. sponsibility for all elements of the national first of 10 equal annual installments consti- ‘‘(ii) Notwithstanding subparagraph (B)(i), surface transportation systems that are not tuting one-tenth of the contributions of not fees may be charged under paragraphs (1) within the direct purview of the Federal less than 20 percent (or such smaller percent- through (8) of subsection (a) during the pe- Government; age as determined under title 23, United riod beginning on October 1, 2021, and ending (2) to preserve Federal responsibility for States Code, for such State) of the cost of on October 1, 2029.’’. the Dwight D. Eisenhower National System the qualified project. of Interstate and Defense Highways; ‘‘(2) STATE CONTRIBUTIONS MAY NOT INCLUDE SA 1693. Mr. DEMINT submitted an (3) to preserve the responsibility of the De- FEDERAL FUNDS.—For purposes of this sub- amendment intended to be proposed by partment of Transportation for— section, State contributions shall not be de- him to the bill S. 1813, to reauthorize (A) design, construction, and preservation of transportation facilities on Federal public rived, directly or indirectly, from Federal Federal-aid highway and highway safe- funds, including any transfers from the High- land; way Trust Fund under section 9503. ty construction programs, and for (B) national programs of transportation re- ‘‘(i) UTILIZATION OF UPDATED CONSTRUCTION other purposes; which was ordered to search and development and transportation TECHNOLOGY FOR QUALIFIED PROJECTS.—For lie on the table; as follows: safety; and purposes of subsection (a)(7), the require- Beginning on page 1, strike line 4 and all (C) emergency assistance to the States in ment of this subsection is met if the appro- that follows through the end of the bill and, response to natural disasters; priate State agency relating to the qualified at the appropriate place, insert the fol- (4) to eliminate to the maximum extent project is utilizing updated construction lowing: practicable Federal obstacles to the ability technologies. SECTION 1. SHORT TITLE; TABLE OF CONTENTS. of each State to apply innovative solutions ‘‘(j) OTHER DEFINITIONS AND SPECIAL (a) SHORT TITLE.—This Act may be cited as to the financing, design, construction, oper- RULES.—For purposes of this section— the ‘‘Transportation Empowerment Act’’. ation, and preservation of Federal and State ‘‘(1) STATE INFRASTRUCTURE BANK.— (b) TABLE OF CONTENTS.—The table of con- transportation facilities; and ‘‘(A) IN GENERAL.—The term ‘State infra- tents of this Act is as follows: (5) with respect to transportation activi- structure bank’ means a State infrastructure Sec. 1. Short title; table of contents. ties carried out by States, local govern- bank established under section 610 of title 23, Sec. 2. Findings and purposes. ments, and the private sector, to encour- United States Code, and includes a joint ven- Sec. 3. Limitation on expenditures. age— ture among 2 or more State infrastructure Sec. 3. Funding for core highway programs. (A) competition among States, local gov- banks. Sec. 4. Infrastructure Special Assistance ernments, and the private sector; and ‘‘(B) SPECIAL AUTHORITY.—Notwithstanding Fund. (B) innovation, energy efficiency, private any other provision of law, a State infra- Sec. 5. Return of excess tax receipts to sector participation, and productivity. structure bank shall be authorized to per- States. SEC. 3. LIMITATION ON EXPENDITURES. form any of the functions necessary to carry Sec. 6. Reduction in taxes on gasoline, diesel Notwithstanding any other provision of out the purposes of this section, including fuel, kerosene, and special fuels law, if the Secretary of Transportation de- the making of direct grants to qualified funding Highway Trust Fund. termines for any fiscal year that the aggre- projects from available project proceeds of Sec. 7. Report to Congress. gate amount required to carry out transpor- TRIP bonds issued by such bank. Sec. 8. Effective date contingent on certifi- tation programs and projects under this Act ‘‘(2) CREDITS MAY BE TRANSFERRED.—Noth- cation of deficit neutrality. and amendments made by this Act exceeds ing in any law or rule of law shall be con- SEC. 2. FINDINGS AND PURPOSES. the estimated aggregate amount in the High- strued to limit the transferability of the (a) FINDINGS.—Congress finds that— way Trust Fund available for those programs credit or bond allowed by this section (1) the objective of the Federal highway and projects for the fiscal year, each amount through sale and repurchase agreements. program has been to facilitate the construc- made available for such a program or project ‘‘(3) PROHIBITION ON USE OF HIGHWAY TRUST tion of a modern freeway system that pro- shall be reduced by the pro rata percentage FUND.—Notwithstanding any other provision motes efficient interstate commerce by con- required to reduce the aggregate amount re- of law, no funds derived from the Highway necting all States; quired to carry out those programs and Trust Fund established under section 9503 (2) that objective has been attained, and projects to an amount equal to that avail- shall be used to pay for credits under this the Interstate System connecting all States able for those programs and projects in the section.’’. is near completion; Highway Trust Fund for the fiscal year. (c) CONFORMING AMENDMENTS.— (3) each State has the responsibility of pro- SEC. 4. FUNDING FOR CORE HIGHWAY PRO- (1) Paragraph (1) of section 54A(d) of the viding an efficient transportation network GRAMS. Internal Revenue Code of 1986 is amended— for the residents of the State; (a) IN GENERAL.— (A) by striking ‘‘or’’ at the end of subpara- (4) each State has the means to build and (1) FUNDING.—For the purpose of carrying graph (D), operate a network of transportation sys- out title 23, United States Code, the fol- (B) by inserting ‘‘or’’ at the end of subpara- tems, including highways, that best serves lowing sums are authorized to be appro- graph (E), the needs of the State; priated out of the Highway Trust Fund: (C) by inserting after subparagraph (E) the (5) each State is best capable of deter- (A) INTERSTATE MAINTENANCE PROGRAM.— following new subparagraph: mining the needs of the State and acting on For the Interstate maintenance program ‘‘(F) a TRIP bond,’’, and those needs; under section 119 of title 23, United States

VerDate Mar 15 2010 03:52 Feb 17, 2012 Jkt 019060 PO 00000 Frm 00063 Fmt 4624 Sfmt 0634 E:\CR\FM\A16FE6.067 S16FEPT1 pwalker on DSK7TPTVN1PROD with SENATE S868 CONGRESSIONAL RECORD — SENATE February 16, 2012 Code, $5,200,000,000 for fiscal year 2014, and the National Highway System’’ and in- (A) in the first sentence, by striking $5,280,000,000 for fiscal year 2015, $5,360,000,000 serting ‘‘system is the Interstate System’’. ‘‘under subsection (a) of section 104 of this for fiscal year 2016, $5,440,000,000 for fiscal (4) INTERSTATE MAINTENANCE PROGRAM.— title’’ and inserting ‘‘to carry out this sec- year 2017, and $5,520,000,000 for fiscal year Section 104(b) of title 23, United States Code, tion’’; and 2018. is amended by striking paragraph (4) and in- (B) by striking the second sentence. (B) EMERGENCY RELIEF.—For emergency re- serting the following: (7) FEDERALIZATION AND DEFEDERALIZATION lief under section 125 of that title, ‘‘(4) INTERSTATE MAINTENANCE COMPO- OF PROJECTS.—Notwithstanding any other $100,000,000 for each of fiscal years 2014 NENT.—For each of fiscal years 2014 through provision of law, beginning on October 1, through 2018. 2018, for the Interstate maintenance program 2013— (C) INTERSTATE BRIDGE PROGRAM.—For the under section 119, 1 percent to the Virgin Is- (A) a highway construction or improve- Interstate bridge program under section 144 lands, Guam, American Samoa, and the Com- ment project shall not be considered to be a of that title, $2,527,000,000 for fiscal year 2014, monwealth of the Northern Mariana Islands Federal highway construction or improve- $2,597,000,000 for fiscal year 2015, $2,667,000,000 and the remaining 99 percent apportioned as ment project unless and until a State ex- for fiscal year 2016, $2,737,000,000 for fiscal follows: pends Federal funds for the construction por- year 2017, and $2,807,000,000 for fiscal year ‘‘(A)(i) For each State with an average pop- tion of the project; 2018. ulation density of 20 persons or fewer per (B) a highway construction or improve- (D) FEDERAL LANDS HIGHWAYS PROGRAM.— square mile, and each State with a popu- ment project shall not be considered to be a (i) INDIAN RESERVATION ROADS.—For Indian lation of 1,500,000 persons or fewer and with Federal highway construction or improve- reservation roads under section 204 of that a land area of 10,000 square miles or less, the ment project solely by reason of the expendi- title, $470,000,000 for fiscal year 2014, greater of— ture of Federal funds by a State before the $510,000,000 for fiscal year 2015, $550,000,000 for ‘‘(I) a percentage share of apportionments construction phase of the project to pay ex- fiscal year 2016, $590,000,000 for fiscal year equal to the percentage for the State de- penses relating to the project, including for 2017, and $630,000,000 for fiscal year 2018. scribed in clause (ii); or any environmental document or design work (ii) PUBLIC LANDS HIGHWAYS.—For public ‘‘(II) a share determined under subpara- required for the project; and lands highways under section 204 of that graph (B). (C)(i) a State may, after having used Fed- title, $300,000,000 for fiscal year 2014, ‘‘(ii) The percentage referred to in clause eral funds to pay all or a portion of the costs $310,000,000 for fiscal year 2015, $320,000,000 for (i)(I) for a State for a fiscal year shall be the of a highway construction or improvement fiscal year 2016, $330,000,000 for fiscal year percentage calculated for the State for the project, reimburse the Federal Government 2017, and $340,000,000 for fiscal year 2018. fiscal year under section 105(b) of title 23, in an amount equal to the amount of Federal (iii) PARKWAYS AND PARK ROADS.—For United States Code. funds so expended; and parkways and park roads under section 204 of ‘‘(B) For each State not described in sub- (ii) after completion of a reimbursement that title, $255,000,000 for fiscal year 2014, paragraph (A), a share of the apportionments described in clause (i), a highway construc- $270,000,000 for fiscal year 2015, $285,000,000 for remaining determined in accordance with tion or improvement project described in fiscal year 2016, $300,000,000 for fiscal year the following formula: that clause shall no longer be considered to 1 2017, and $315,000,000 for fiscal year 2018. ‘‘(i) ⁄9 in the ratio that the total rural lane be a Federal highway construction or im- (iv) REFUGE ROADS.—For refuge roads miles in each State bears to the total rural provement project. under section 204 of that title, $32,000,000 for lane miles in all States with an average pop- (8) REPORTING REQUIREMENTS.—No report- each of fiscal years 2014 through 2018. ulation density greater than 20 persons per ing requirement, other than a reporting re- (E) HIGHWAY SAFETY PROGRAMS.— square mile and all States with a population quirement in effect as of the date of enact- (i) IN GENERAL.—For highway safety proof more than 1,500,000 persons and with a ment of this Act, shall apply on or after Oc- grams under section 402 of that title, land area of more than 10,000 square miles. tober 1, 2013, to the use of Federal funds for $170,000,000 for each of fiscal years 2014 ‘‘(ii) 1⁄9 in the ratio that the total rural ve- highway projects by a public-private part- through 2018. hicle miles traveled in each State bears to nership. (ii) HIGHWAY SAFETY RESEARCH AND DEVEL- the total rural vehicle miles traveled in all OPMENT.—For highway safety research and States described in clause (i). (b) EXPENDITURES FROM HIGHWAY TRUST FUND.— development under section 403 of that title, ‘‘(iii) 2⁄9 in the ratio that the total urban $35,000,000 for each of fiscal years 2014 lane miles in each State bears to the total (1) EXPENDITURES FOR CORE PROGRAMS.— through 2018. urban lane miles in all States described in Section 9503(c) of the Internal Revenue Code (F) SURFACE TRANSPORTATION RESEARCH.— clause (i). of 1986 is amended— For cooperative agreements with nonprofit ‘‘(iv) 2⁄9 in the ratio that the total urban (A) in paragraph (1), by striking ‘‘Surface research organizations to carry out applied vehicle miles traveled in each State bears to Transportation Extension Act of 2011, Part pavement research under section 502 of that the total urban vehicle miles traveled in all II’’ and inserting ‘‘Transportation Empower- title, $200,000,000 for each of fiscal years 2014 States described in clause (i). ment Act’’; through 2018. ‘‘(v) 3⁄9 in the ratio that the total diesel (B) in paragraph (1), by striking ‘‘April 1, (G) ADMINISTRATIVE EXPENSES.—For ad- fuel used in each State bears to the total die- 2012’’ and inserting ‘‘October 1, 2018’’; ministrative expenses incurred in carrying sel fuel used in all States described in clause (C) in paragraphs (3)(A)(i), (4)(A), and (5), out the programs referred to in subpara- (i).’’. by striking ‘‘April 1, 2012’’ each place it ap- graphs (A) through (F), $92,890,000 for fiscal (5) INTERSTATE BRIDGE PROGRAM.—Section pears and inserting ‘‘October 1, 2020’’; and year 2014, $95,040,000 for fiscal year 2015, 144 of title 23, United States Code, is amend- (D) in paragraph (2), by striking ‘‘January $97,190,000 for fiscal year 2016, $99,340,000 for ed— 1, 2013’’ and inserting ‘‘July 1, 2021’’. fiscal year 2017, and $101,490,000 for fiscal (A) in subsection (d)— (2) AMOUNTS AVAILABLE FOR CORE PROGRAM year 2018. (i) by inserting ‘‘on the Federal-aid system EXPENDITURES.—Section 9503 of such Code is (2) TRANSFERABILITY OF FUNDS.—Section or described in subsection (c)(3)’’ after ‘‘high- amended by adding at the end the following: 104 of title 23, United States Code, is amend- way bridge’’ each place it appears; and ‘‘(g) CORE PROGRAMS FINANCING RATE.—For ed by striking subsection (g) and inserting (ii) by inserting ‘‘on the Federal-aid sys- purposes of this section— the following: tem or described in subsection (c)(3)’’ after ‘‘(1) IN GENERAL.—Except as provided in ‘‘(g) TRANSFERABILITY OF FUNDS.— ‘‘highway bridges’’ each place it appears; paragraph (2)— ‘‘(1) IN GENERAL.—To the extent that a (B) in the second sentence of subsection ‘‘(A) in the case of gasoline and special State determines that funds made available (e)— motor fuels the tax rate of which is the rate under this title to the State for a purpose (i) in paragraph (1), by adding ‘‘and’’ at the specified in section 4081(a)(2)(A)(i), the core are in excess of the needs of the State for end; programs financing rate is— that purpose, the State may transfer the ex- (ii) in paragraph (2), by striking the ‘‘(i) after September 30, 2013, and before Oc- cess funds to, and use the excess funds for, comma at the end and inserting a period; and tober 1, 2014, 18.3 cents per gallon, any surface transportation (including mass (iii) by striking paragraphs (3) and (4); ‘‘(ii) after September 30, 2014, and before transit and rail) purpose in the State. (C) in the first sentence of subsection (k), October 1, 2015, 9.6 cents per gallon, ‘‘(2) ENFORCEMENT.—If the Secretary deter- by inserting ‘‘on the Federal-aid system or ‘‘(iii) after September 30, 2015, and before mines that a State has transferred funds described in subsection (c)(3)’’ after ‘‘any October 1, 2016, 6.4 cents per gallon, under paragraph (1) to a purpose that is not bridge’’; ‘‘(iv) after September 30, 2016, and before a surface transportation purpose as described (D) in subsection (l)(1), by inserting ‘‘on October 1, 2017, 5.0 cents per gallon, and in paragraph (1), the amount of the improp- the Federal-aid system or described in sub- ‘‘(v) after September 30, 2017, 3.7 cents per erly transferred funds shall be deducted from section (c)(3)’’ after ‘‘construct any bridge’’; gallon, and any amount the State would otherwise re- and ‘‘(B) in the case of kerosene, diesel fuel, ceive from the Highway Trust Fund for the (E) in the first sentence of subsection (m), and special motor fuels the tax rate of which fiscal year that begins after the date of the by inserting ‘‘for each of fiscal years 1991 is the rate specified in section determination.’’. through 2013,’’ after ‘‘of law,’’. 4081(a)(2)(A)(iii), the core programs financing (3) FEDERAL-AID SYSTEM.—Section 103(a) of (6) NATIONAL DEFENSE HIGHWAYS.—Section rate is— title 23, United States Code, is amended by 311 of title 23, United States Code, is amend- ‘‘(i) after September 30, 2013, and before Oc- striking ‘‘systems are the Interstate System ed— tober 1, 2014, 24.3 cents per gallon,

VerDate Mar 15 2010 03:52 Feb 17, 2012 Jkt 019060 PO 00000 Frm 00064 Fmt 4624 Sfmt 0634 E:\CR\FM\A16FE6.069 S16FEPT1 pwalker on DSK7TPTVN1PROD with SENATE February 16, 2012 CONGRESSIONAL RECORD — SENATE S869 ‘‘(ii) after September 30, 2014, and before share of which is determined under subclause SEC. 7. REDUCTION IN TAXES ON GASOLINE, DIE- October 1, 2015, 12.7 cents per gallon, (I). SEL FUEL, KEROSENE, AND SPECIAL ‘‘(iii) after September 30, 2015, and before ‘‘(iii) DISTRIBUTION OF REMAINING FUELS FUNDING HIGHWAY TRUST FUND. October 1, 2016, 8.5 cents per gallon, AMOUNT.—If after September 30, 2017, a por- ‘‘(iv) after September 30, 2016, and before tion of the amount specified in clause (i) re- (a) REDUCTION IN TAX RATE.— October 1, 2017, 6.6 cents per gallon, and mains, the Secretary, in consultation with (1) IN GENERAL.—Section 4081(a)(2)(A) of ‘‘(v) after September 30, 2017, 5.0 cents per the Secretary of Transportation, shall, on the Internal Revenue Code of 1986 is amend- gallon. October 1, 2017, apportion the portion among ed— ‘‘(2) APPLICATION OF RATE.—In the case of the States using the percentages determined (A) in clause (i), by striking ‘‘18.3 cents’’ fuels used as described in paragraph (3)(C), under clause (ii)(I) for such States. and inserting ‘‘3.7 cents’’; and (4)(B), and (5) of subsection (c), the core pro- ‘‘(B) ADDITIONAL EXPENDITURES FROM (B) in clause (iii), by striking ‘‘24.3 cents’’ grams financing rate is zero.’’. FUND.— and inserting ‘‘5.0 cents’’. (c) TERMINATION OF TRANSFERS TO MASS ‘‘(i) IN GENERAL.—Amounts in the Infra- (2) CONFORMING AMENDMENTS.— TRANSIT ACCOUNT.—Section 9503(e)(2) of the structure Special Assistance Fund, in excess (A) Section 4081(a)(2)(D) of such Code is Internal Revenue Code of 1986 is amended by of the amount specified in subparagraph amended— inserting ‘‘, and before October 1, 2013’’ after (A)(i), shall be available, as provided by ap- (i) by striking ‘‘19.7 cents’’ and inserting ‘‘March 31, 1983’’. propriation Acts, to the States for any sur- ‘‘4.1 cents’’, and (d) EFFECTIVE DATES.— face transportation (including mass transit (ii) by striking ‘‘24.3 cents’’ and inserting (1) IN GENERAL.—Except as provided in and rail) purpose in such States, and the Sec- ‘‘5.0 cents’’. paragraph (2), the amendments made by this retary shall apportion such excess amounts (B) Section 6427(b)(2)(A) of such Code is section take effect on October 1, 2013. among all States using the percentages de- amended by striking ‘‘7.4 cents’’ and insert- (2) CERTAIN EXTENSIONS.—The amendments termined under clause (ii)(I) for such States. ing ‘‘1.5 cents’’. made by subsection (b)(1) shall take effect on ‘‘(ii) ENFORCEMENT.—If the Secretary de- (b) ADDITIONAL CONFORMING AMEND- April 1, 2012. termines that a State has used amounts MENTS.— SEC. 5. INFRASTRUCTURE SPECIAL ASSISTANCE under clause (i) for a purpose which is not a (1) Section 4041(a)(1)(C)(iii)(I) of the Inter- FUND. surface transportation purpose as described nal Revenue Code of 1986 is amended by (a) BALANCE OF CORE PROGRAMS FINANCING in clause (i), the improperly used amounts striking ‘‘7.3 cents per gallon (4.3 cents per RATE DEPOSITED IN FUND.—Section 9503 of shall be deducted from any amount the State gallon after March 31, 2012)’’ and inserting the Internal Revenue Code of 1986 is amended would otherwise receive from the Highway ‘‘1.4 cents per gallon (zero after September by adding at the end the following: Trust Fund for the fiscal year which begins 30, 2020)’’. ‘‘(h) ESTABLISHMENT OF INFRASTRUCTURE after the date of the determination.’’. (2) Section 4041(a)(2)(B)(ii) of such Code is SPECIAL ASSISTANCE FUND.— (b) EFFECTIVE DATE.—The amendment amended by striking ‘‘24.3 cents’’ and insert- ‘‘(1) CREATION OF FUND.—There is estab- made by this section takes effect on October ing ‘‘5.0 cents’’. (3) Section 4041(a)(3)(A) of such Code is lished in the Highway Trust Fund a separate 1, 2013. fund to be known as the ‘Infrastructure Spe- amended by striking ‘‘18.3 cents’’ and insert- cial Assistance Fund’ consisting of such SEC. 6. RETURN OF EXCESS TAX RECEIPTS TO ing ‘‘3.7 cents’’. amounts as may be transferred or credited to STATES. (4) Section 4041(m)(1) of such Code is amended— the Infrastructure Special Assistance Fund (a) IN GENERAL.—Section 9503(c) of the In- (A) in subparagraph (A), by striking ‘‘April as provided in this subsection or section ternal Revenue Code of 1986 is amended by 1, 2012’’ and inserting ‘‘October 1, 2020,’’; 9602(b). adding at the end the following: ‘‘(2) TRANSFERS TO INFRASTRUCTURE SPE- (B) in subparagraph (A)(i), by striking ‘‘9.15 ‘‘(6) RETURN OF EXCESS TAX RECEIPTS TO CIAL ASSISTANCE FUND.—On the first day of cents’’ and inserting ‘‘1.8 cents’’; STATES FOR SURFACE TRANSPORTATION PUR- each fiscal year, the Secretary, in consulta- (C) in subparagraph (A)(ii), by striking POSES.— tion with the Secretary of Transportation, ‘‘11.3 cents’’ and inserting ‘‘2.3 cents’’; and ‘‘(A) IN GENERAL.—On the first day of each (D) by striking subparagraph (B) and in- shall determine the excess (if any) of— of fiscal years 2014, 2015, 2016, and 2017, the ‘‘(A) the sum of— serting the following: Secretary, in consultation with the Sec- ‘‘(B) zero after September 30, 2020.’’. ‘‘(i) the amounts appropriated in such fis- retary of Transportation, shall— cal year to the Highway Trust Fund under (5) Section 4081(d)(1) of such Code is amend- ‘‘(i) determine the excess (if any) of— ed by striking ‘‘4.3 cents per gallon after subsection (b) which are attributable to the ‘‘(I) the amounts appropriated in such fis- core programs financing rate for such year, March 31, 2012’’ and inserting ‘‘zero after cal year to the Highway Trust Fund under September 30, 2020’’. plus subsection (b) which are attributable to the ‘‘(ii) the amounts appropriated in such fis- (6) Section 9503(b) of such Code is amend- taxes described in paragraphs (1) and (2) ed— cal year to the Highway Trust Fund under thereof (after the application of paragraph subsection (b) which are attributable to (A) in paragraphs (1) and (2), by striking (4) thereof) over the sum of— ‘‘April 1, 2012’’ both places it appears and in- taxes under sections 4051, 4071, and 4481 for ‘‘(II) the amounts so appropriated which such year, over serting ‘‘October 1, 2020’’; are equivalent to— (B) in the heading of paragraph (2), by ‘‘(B) the amount appropriated under sub- ‘‘(aa) such amounts attributable to the striking ‘‘APRIL 1, 2012’’ and inserting ‘‘OCTO- section (c) for such fiscal year, core programs financing rate for such year, BER 1, 2020’’; and shall transfer such excess to the Infra- plus structure Special Assistance Fund. (C) in paragraph (2), by striking ‘‘after ‘‘(bb) the taxes described in paragraphs March 31, 2012, and before January 1, 2013’’ ‘‘(3) EXPENDITURES FROM INFRASTRUCTURE (3)(C), (4)(B), and (5) of subsection (c), and SPECIAL ASSISTANCE FUND.— and inserting ‘‘after September 30, 2020, and ‘‘(ii) allocate the amount determined under before July 1, 2021’’; and ‘‘(A) TRANSITIONAL ASSISTANCE.— clause (i) among the States (as defined in ‘‘(i) IN GENERAL.—Except as provided in (D) in paragraph (6)(B), by striking ‘‘April section 101(a) of title 23, United States Code) 1, 2012’’ and inserting ‘‘October 1, 2018’’. clause (iii), during fiscal years 2014 through for surface transportation (including mass 2017, $1,000,000,000 in the Infrastructure Spe- transit and rail) purposes so that— (c) FLOOR STOCK REFUNDS.— cial Assistance Fund shall be available to ‘‘(I) the percentage of that amount allo- (1) IN GENERAL.—If— States for transportation-related program cated to each State, is equal to (A) before October 1, 2017, tax has been im- expenditures. ‘‘(II) the percentage of the amount deter- posed under section 4081 of the Internal Rev- ‘‘(ii) STATE SHARE.—Each State is entitled mined under clause (i)(I) paid into the High- enue Code of 1986 on any liquid; and to a share of the amount specified in clause way Trust Fund in the latest fiscal year for (B) on such date such liquid is held by a (i) determined in the following manner: which such data are available which is at- dealer and has not been used and is intended ‘‘(I) Multiply the percentage of the tributable to highway users in the State. for sale; amounts appropriated in the latest fiscal there shall be credited or refunded (without ‘‘(B) ENFORCEMENT.—If the Secretary de- year for which such data are available to the termines that a State has used amounts interest) to the person who paid such tax (in Highway Trust Fund under subsection (b) under subparagraph (A) for a purpose which this subsection referred to as the ‘‘tax- which is attributable to taxes paid by high- is not a surface transportation purpose as de- payer’’) an amount equal to the excess of the way users in the State, by the amount speci- scribed in subparagraph (A), the improperly tax paid by the taxpayer over the amount of fied in clause (i). If the result does not ex- used amounts shall be deducted from any such tax which would be imposed on such liq- ceed $15,000,000, the State’s share equals amount the State would otherwise receive uid had the taxable event occurred on such $15,000,000. If the result exceeds $15,000,000, from the Highway Trust Fund for the fiscal date. the State’s share is determined under sub- year which begins after the date of the deter- (2) TIME FOR FILING CLAIMS.—No credit or clause (II). mination.’’. refund shall be allowed or made under this ‘‘(II) Multiply the percentage determined subsection unless— under subclause (I), by the amount specified (b) EFFECTIVE DATE.—The amendment (A) claim therefor is filed with the Sec- in clause (i) reduced by an amount equal to made by this section takes effect on October retary of the Treasury before April 1, 2018; $15,000,000 times the number of States the 1, 2013. and

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(3) EXCEPTION FOR FUEL HELD IN RETAIL (2) APPLICABLE ASSUMPTIONS AND GUIDE- STOCKS.—No credit or refund shall be allowed LINES.— SA 1696. Mr. KOHL submitted an under this subsection with respect to any (A) REVENUE ESTIMATES.—The revenue esti- amendment intended to be proposed to liquid in retail stocks held at the place mates required under paragraph (1)(A) shall amendment SA 1633 proposed by Mr. where intended to be sold at retail. be predicated on the same economic and REID to the bill S. 1813, to reauthorize (4) DEFINITIONS.—For purposes of this sub- technical assumptions and scorekeeping Federal-aid highway and highway safe- section, the terms ‘‘dealer’’ and ‘‘held by a guidelines that would be used for estimates ty construction programs, and for dealer’’ have the respective meanings given made pursuant to section 252(d) of the Bal- other purposes; which was ordered to to such terms by section 6412 of such Code; anced Budget and Emergency Deficit Control lie on the table; as follows: except that the term ‘‘dealer’’ includes a pro- Act of 1985 (2 U.S.C. 902(d)). ducer. (B) OUTLAY ESTIMATES.—The outlay esti- On page 189, between lines 24 and 25, insert (5) CERTAIN RULES TO APPLY.—Rules similar mates required under paragraph (1)(B) shall the following: to the rules of subsections (b) and (c) of sec- be determined by comparing the level of dis- ‘‘(8) DATA REPORTING REQUIREMENTS.—A tion 6412 and sections 6206 and 6675 of such cretionary outlays resulting from this Act public transportation service provider that Code shall apply for purposes of this sub- with the corresponding level of discretionary receives assistance under this section or sec- section. outlays projected in the baseline under section 5311 for a fiscal year shall report to the (d) EFFECTIVE DATES.— tion 257 of the Balanced Budget and Emer- Secretary— (1) IN GENERAL.—Except as provided in gency Deficit Control Act of 1985 (2 U.S.C. ‘‘(A) the number of vehicles purchased dur- paragraph (2), the amendments made by this 907). ing the fiscal year using such assistance; and section shall apply to fuel removed after (d) CONFORMING ADJUSTMENT TO DISCRE- ‘‘(B) the number of rides provided during September 30, 2017. TIONARY SPENDING LIMITS.—On compliance the fiscal year that are attributable to such (2) CERTAIN CONFORMING AMENDMENTS.—The with the requirements specified in sub- assistance. section (b), the Director shall adjust the ad- amendments made by subsections (b)(1), Mr. KOHL submitted an (b)(4), (b)(5), and (b)(6) shall apply to fuel re- justed discretionary spending limits for each SA 1697. moved after September 30, 2011. fiscal year through fiscal year 2013 under sec- amendment intended to be proposed to tion 601(a)(2) of the Congressional Budget amendment SA 1633 proposed by Mr. SEC. 8. REPORT TO CONGRESS. Act of 1974 (2 U.S.C. 665(a)(2)) by the esti- Not later than 180 days after the date of REID to the bill S. 1813, to reauthorize mated reductions in discretionary outlays enactment of this Act, after consultation Federal-aid highway and highway safe- under subsection (c)(1)(B). with the appropriate committees of Con- ty construction programs, and for (e) PAYGO INTERACTION.—On compliance other purposes; which was ordered to gress, the Secretary of Transportation shall with the requirements specified in sub- submit a report to Congress describing such section (b), no changes in revenues estimated lie on the table; as follows: technical and conforming amendments to ti- to result from the enactment of this Act On page 195, line 15, after ‘‘agencies’’ insert tles 23 and 49, United States Code, and such shall be counted for the purposes of section the following: ‘‘, including any transpor- technical and conforming amendments to 252(d) of the Balanced Budget and Emergency tation activities carried out by the recipient other laws, as are necessary to bring those Deficit Control Act of 1985 (2 U.S.C. 902(d)). using a grant under title III of the Older titles and other laws into conformity with Americans Act of 1965 (42 U.S.C. 3021 et the policy embodied in this Act and the SA 1694. Mr. BAUCUS (for himself seq.)’’. amendments made by this Act. and Mr. BINGAMAN) submitted an Mrs. MURRAY submitted an SEC. 9. EFFECTIVE DATE CONTINGENT ON CER- amendment intended to be proposed by SA 1698. amendment intended to be proposed by TIFICATION OF DEFICIT NEU- him to the bill S. 1813, to reauthorize TRALITY. her to the bill S. 1813, to reauthorize Federal-aid highway and highway safe- (a) PURPOSE.—The purpose of this section Federal-aid highway and highway safety construction programs, and for is to ensure that— ty construction programs, and for other purposes; which was ordered to (1) this Act will become effective only if other purposes; which was ordered to the Director of the Office of Management lie on the table; as follows: lie on the table; as follows: and Budget certifies that this Act is deficit Strike section 40201 and insert the fol- At the appropriate place, insert the fol- neutral; lowing: lowing: (2) discretionary spending limits are re- SEC. 40201. TEMPORARY INCREASE IN SMALL SEC. ll. PRIVATE OPERATORS OF INTERCITY duced to capture the savings realized in de- ISSUER EXCEPTION TO TAX-EXEMPT BUS SERVICE. volving transportation functions to the INTEREST EXPENSE ALLOCATION Section 5311(h)(3) of title 49, United States State level pursuant to this Act; and RULES FOR FINANCIAL INSTITU- Code, as amended by this Act, is amended— (3) the tax reduction made by this Act is TIONS. (1) in subparagraph (B), by striking ‘‘and’’ not scored under pay-as-you-go and does not (a) IN GENERAL.—Subparagraph (G) of sec- at the end; inadvertently trigger a sequestration. tion 265(b)(3) of the Internal Revenue Code of 1986 is amended— (2) in subparagraph (C), by striking the pe- (b) EFFECTIVE DATE CONTINGENCY.—Not- riod at the end and inserting ‘‘; and’’; and withstanding any other provision of this Act, (1) by striking ‘‘2009 or 2010’’ in clause (i) (3) by adding at the end the following: this Act and the amendments made by this and inserting ‘‘2009, 2010, 2012, or the period ‘‘(D) in the case of operating costs of con- Act shall take effect only if— beginning after December 31, 2012, and before necting rural intercity bus feeder service (1) the Director of the Office of Manage- July 1, 2013’’, funded under subsection (f)(1)(E), may be de- ment and Budget (referred to in this section (2) by striking ‘‘2009 or 2010’’ each place it rived from the costs of intercity bus service as the ‘‘Director’’) submits the report as re- appears in clauses (ii) and (iii) and inserting provided by a private operator, if— quired in subsection (c); and ‘‘2009, 2010, or the period beginning after ‘‘(i) the project includes both feeder service (2) the report contains a certification by June 30, 2012, and before July 1, 2013’’, and and a connecting unsubsidized intercity the Director that, based on the required esti- (3) by striking ‘‘2009 AND 2010’’ in the heading route segment; and mates, the reduction in discretionary out- and inserting ‘‘2009, 2010, 2012, AND 2013’’. (b) EFFECTIVE DATE.—The amendments ‘‘(ii) the private operator agrees in writing lays resulting from the reduction in contract made by this section shall apply to obliga- to the use of its unsubsidized costs as an in- authority is at least as great as the reductions issued after June 30, 2012. kind match.’’. tion in revenues for each fiscal year through fiscal year 2018. SA 1695. Mrs. FEINSTEIN submitted SA 1699. Mrs. MURRAY submitted an (c) OMB ESTIMATES AND REPORT.— an amendment intended to be proposed amendment intended to be proposed by (1) REQUIREMENTS.—Not later than 5 calendar days after the date of enactment of by her to the bill S. 1813, to reauthorize her to the bill S. 1813, to reauthorize this Act, the Director shall— Federal-aid highway and highway safe- Federal-aid highway and highway safe- (A) estimate the net change in revenues re- ty construction programs, and for ty construction programs, and for sulting from this Act for each fiscal year other purposes; which was ordered to other purposes; which was ordered to through fiscal year 2018; lie on the table; as follows: lie on the table; as follows:

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On page 68, line 19, insert ‘‘(other than ‘‘ ‘(2) ELIMINATING A BREACH.— ‘‘(3) DIESEL EMISSION CONTROL TECH- amounts suballocated to metropolitan areas ‘‘ ‘(A) IN GENERAL.—Each nonexempt ac- NOLOGY.—The term ‘diesel emission control and other areas of the State under 133(d))’’ count within a category shall be reduced by technology’ means a technology that— after ‘‘104(b)(2)’’. a dollar amount calculated by multiplying ‘‘(A) is— On page 70, line 25, insert ‘‘(other than the enacted level of sequesterable budgetary ‘‘(i) a diesel exhaust control technology; amounts suballocated to metropolitan areas resources in that account by the uniform ‘‘(ii) a diesel engine upgrade; and other areas of the State under 133(d))’’ percentage necessary to eliminate a breach ‘‘(iii) a diesel engine repower; after ‘‘104(b)(2)’’. within that category. ‘‘(iv) an idle reduction control technology; On page 127, line 18, insert ‘‘(other than ‘‘ ‘(B) OVERSEAS CONTINGENCIES.—Any or amounts suballocated to metropolitan areas amount of budget authority for overseas con- ‘‘(v) any combination of the technologies and other areas of the State under 133(d))’’ tingency operations and related activities listed in clauses (i) through (iv); after ‘‘104(b)(2)’’. for fiscal year 2013 in excess of the level es- ‘‘(B) reduces particulate matter emission tablished in subsection (b)(2)(E) shall be from covered equipment by— SA 1700. Mr. CASEY submitted an counted in determining whether a breach has ‘‘(i) not less than 85 percent control of any amendment intended to be proposed by occurred in the security category and the emission of particulate matter; or him to the bill S. 1813, to reauthorize nonsecurity category on a proportional basis ‘‘(ii) the maximum achievable reduction of Federal-aid highway and highway safe- to the total spending for overseas contin- any emission of particulate matter; and ‘‘(C) is installed on and operated with the ty construction programs, and for gency operations in the security category and the nonsecurity category.’. covered equipment while the equipment is other purposes; which was ordered to ‘‘(iii) CONFORMING AMENDMENT.—Section operated on a covered public transportation lie on the table; as follows: 251(b)(2) of the Balanced Budget and Emer- construction project and that remains oper- At the appropriate place, insert the fol- gency Deficit Control Act of 1985 (2 U.S.C. ational on the covered equipment for the lowing: 901(b)(2)) is amended by striking subpara- useful life of the control technology or SEC. ll. HIGH-SPEED RAIL EQUIPMENT. graph (A) and inserting the following: equipment. The Secretary of Transportation shall not ‘‘ ‘(A) EMERGENCY APPROPRIATIONS.—If, for ‘‘(4) ELIGIBLE ENTITY.—The term ‘eligible entity’ means an entity (including a subcon- preclude the use of Federal funds made avail- any fiscal year, appropriations for discre- tractor of the entity) that has entered into a able to purchase rolling stock to purchase tionary accounts are enacted that Congress prime contract or agreement with a State to any equipment used for ‘‘high-speed rail’’ (as designates as emergency requirements in law carry out a covered public transportation defined in section 26106(b)(4) of title 49, on an account by account basis and the construction project. United States Code) that otherwise complies President subsequently so designates, the ad- ‘‘(5) NONROAD DIESEL EQUIPMENT.— with applicable Federal standards, including justment shall be the total of such appro- ‘‘(A) IN GENERAL.—The term ‘nonroad die- safety, Buy America, and environmental priations in discretionary accounts des- sel equipment’ means a vehicle, including standards. ignated as emergency requirements.’. covered equipment, that is— ‘‘(i) powered by a nonroad diesel engine of SA 1701. Mr. WHITEHOUSE (for him- SA 1702. Mr. CARPER submitted an amendment intended to be proposed by not less than 50 horsepower; and self and Mr. REED) submitted an ‘‘(ii) not intended for highway use. amendment intended to be proposed by him to the bill S. 1813, to reauthorize ‘‘(B) INCLUSIONS.—The term ‘nonroad diesel him to the bill S. 1813, to reauthorize Federal-aid highway and highway safe- equipment’ includes a backhoe, bulldozer, Federal-aid highway and highway safety construction programs, and for compressor, crane, excavator, generator, and ty construction programs, and for other purposes; which was ordered to similar equipment. other purposes; which was ordered to lie on the table; as follows: ‘‘(C) EXCLUSIONS.—The term ‘nonroad die- lie on the table; as follows: At the appropriate place, insert the fol- sel equipment’ does not include a locomotive lowing: or marine vessel. On page 41, between lines 15 and 16, insert ‘‘(6) ON-ROAD DIESEL EQUIPMENT.—The term the following: SEC. lll. CONSTRUCTION EQUIPMENT AND VE- ‘on-road diesel equipment’ means any self- HICLES. ‘‘(4) PROJECTS OF NATIONAL AND REGIONAL propelled vehicle that— (a) IN GENERAL.—Chapter 53 of title 49, SIGNIFICANCE.— ‘‘(A) operates on diesel fuel; United States Code, as amended by this Act, ‘‘(A) APPROPRIATION.— ‘‘(B) is designed to transport persons or is amended by adding at the end the fol- ‘‘(i) IN GENERAL.—Notwithstanding any property on a street or highway; and lowing: other provision of law, on October 1, 2012, out ‘‘(C) has a gross vehicle weight rating of at of any funds in the Treasury not otherwise ‘‘§ 5341. Construction equipment and vehicles least 14,000 pounds. appropriated, the Secretary of the Treasury ‘‘(a) IN GENERAL.—In accordance with the ‘‘(7) PM2.5 NONATTAINMENT OR MAINTENANCE shall transfer to the Secretary for the cost of obligation process established pursuant to AREA.—The term ‘PM2.5 nonattainment or the projects of national and regional signifi- section 149(j)(4) of title 23, a State shall ex- maintenance area’ means a nonattainment cance program under section 1118 pend amounts required to be obligated for or maintenance area designated under sec- $1,000,000,000, to remain available until ex- this section to install diesel emission control tion 107(d)(6) of the Clean Air Act (42 U.S.C. pended. technology on covered equipment, with an 7407(d)(6)). ‘‘(ii) RECEIPT AND ACCEPTANCE.—The Sec- engine that does not meet current model ‘‘(c) CRITERIA ELIGIBLE ACTIVITIES.—For retary shall be entitled to receive, shall ac- year new engine standards for particulate purposes of subsection (b)(3)(A): cept, and shall use to carry out this section matter for the applicable engine power group ‘‘(1) DIESEL EXHAUST CONTROL TECH- the funds transferred under clause (i), with- issued by the Environmental Protection NOLOGY.—For a diesel exhaust control tech- out further appropriation. Agency, on a covered public transportation nology, the technology shall be— ‘‘(B) OFFSET.— construction project within a PM2.5 non- ‘‘(A) installed on a diesel engine or vehicle; ‘‘(i) IN GENERAL.—Section 251(b)(2) of the attainment or maintenance area. ‘‘(B) included in the list of verified or cer- Balanced Budget and Emergency Deficit ‘‘(b) DEFINITIONS.—In this section, the fol- tified technologies for nonroad vehicles and Control Act of 1985 (2 U.S.C. 901(b)(2)) is lowing definitions apply: nonroad engines (as defined in section 216 of amended by adding at the end the following: ‘‘(1) COVERED EQUIPMENT.—The term ‘cov- the Clean Air Act (42 U.S.C. 7550)) published ‘‘ ‘(E) OVERSEAS CONTINGENCY AND RELATED ered equipment’ means any nonroad diesel pursuant to subsection (f)(2) of section 149 of ACTIVITIES.— equipment or on-road diesel equipment that title 23, as in effect on the date on which the ‘‘ ‘(i) CAP ADJUSTMENT.—If a bill or joint is operated on a covered public transpor- eligible entity enters into a prime contract resolution making appropriations for a fiscal tation construction project for not less than or agreement with a State to carry out a year is enacted that specifies an amount for 80 hours over the life of the project. covered public transportation construction overseas contingency and related activities ‘‘(2) COVERED PUBLIC TRANSPORTATION CON- project; and for that fiscal year, but not to exceed the STRUCTION PROJECT.—The term ‘covered pub- ‘‘(C) certified by the installer as having amounts specified in clause (ii), the adjust- lic transportation construction project’— been installed in accordance with the speci- ments for that fiscal year shall be the addi- ‘‘(A) means a public transportation con- fications included on the list referred to in tional new budget authority provided in that struction project carried out under this subparagraph (B) for achieving a reduction Act for the activities for that fiscal year. chapter, or any other Federal law, which is in particulate matter. ‘‘ ‘(ii) LEVELS.—The levels for overseas con- funded in whole or in part with Federal ‘‘(2) DIESEL ENGINE UPGRADE.—For a diesel tingency and related activities specified in funds; and engine upgrade, the upgrade shall be per- this subparagraph for fiscal year 2013 is ‘‘(B) does not include any project with a formed on an engine that is— $127,658,000,000 in budget authority.’. total budgeted cost not to exceed $5,000,000 ‘‘(A) rebuilt using new or remanufactured ‘‘(ii) BREACH.—Section 251(a) of the Bal- (which, notwithstanding any other provision components that collectively appear as a anced Budget and Emergency Deficit Control of this section, may be excluded from the re- system in the list of verified or certified Act of 1985 (2 U.S.C. 901(a)) is amended by quirement to comply with this section by an technologies for nonroad vehicles and striking paragraph (2) and inserting the fol- applicable State or metropolitan planning nonroad engines (as defined in section 216 of lowing: organization). the Clean Air Act (42 U.S.C. 7550)) published

VerDate Mar 15 2010 03:52 Feb 17, 2012 Jkt 019060 PO 00000 Frm 00067 Fmt 4624 Sfmt 0634 E:\CR\FM\A16FE6.078 S16FEPT1 pwalker on DSK7TPTVN1PROD with SENATE S872 CONGRESSIONAL RECORD — SENATE February 16, 2012 pursuant to subsection (f)(2) of section 149 of as amended by this Act, is amended by add- construction programs, and for other title 23, as in effect on the date on which the ing at the end the following: purposes; which was ordered to lie on eligible entity enters into a prime contract ‘‘5341. Construction equipment and vehi- the table; as follows: or agreement with a State to carry out a cles.’’. At the appropriate place, insert the fol- covered public transportation construction lowing: project; and SA 1703. Mr. WARNER (for himself ‘‘(B) certified by the installer to have been SEC. lll. RECEIPTS FROM PRIVATE PRO- and Mr. KIRK) submitted an amend- VIDERS OF PUBLIC TRANSPOR- installed in accordance with the specifica- ment intended to be proposed by him TATION ELIGIBLE FOR LOCAL tions included on the list referred to in sub- to the bill S. 1813, to reauthorize Fed- SHARE PILOT PROGRAM. paragraph (A) for achieving a reduction in (a) PILOT PROGRAM.—The Secretary of particulate matter. eral-aid highway and highway safety construction programs, and for other Transportation (referred to in this section as ‘‘(3) DIESEL ENGINE REPOWER.—For a diesel the ‘‘Secretary’’) shall establish a pilot pro- engine repower, the repower shall be con- purposes; which was ordered to lie on gram under which the non-Government share ducted using a new or remanufactured diesel the table; as follows: of the cost of a capital project carried out by engine that is— At the appropriate place, insert the fol- a recipient of funding under section 5307 or ‘‘(A) installed as a replacement for an en- lowing: 5311 of title 49, United States Code, as gine used in the existing equipment, subject SEC. ll. PUBLIC-PRIVATE PARTNERSHIP EX- amended by this Act, may include an to the condition that the replaced engine is PERIMENTAL PROGRAM. amount equal to the amount that a private returned to the supplier for remanufacturing (a) DEFINITIONS.—In this section— provider of public transportation receives to a more stringent set of engine emissions (1) the term ‘‘Administrator’’ means the from providing public transportation service standards or for use as scrap; and Administrator of the Federal Transit Admin- in the service area of the recipient that is in ‘‘(B) certified by the engine manufacturer istration; excess of the operating costs of the service as meeting a more stringent engine particu- (2) the term ‘‘eligible project’’ means a provided, if the rolling stock used to provide late matter emission standard for the appli- project carried out using funding under chap- the service— cable engine power group established by the ter 53 of title 49, United States Code; (1) has been privately acquired; and Environmental Protection Agency, than the (3) the term ‘‘eligible recipient’’ means a (2) has not been acquired using any Gov- engine particulate matter emission standard recipient of funding under chapter 53 of title ernment capital assistance. applicable to the replaced engine. 49, United States Code; and (b) OVERSIGHT.—Each recipient that par- ‘‘(4) IDLE REDUCTION CONTROL TECH- (4) the term ‘‘experimental program’’ ticipates in the pilot program established NOLOGY.—For an idle reduction control tech- means the public-private partnership experi- under subsection (a) shall demonstrate nology, the technology shall be— mental program established under sub- that— ‘‘(A) installed on a diesel engine or vehicle; section (b). (1) the recipient has provided appropriate ‘‘(B) included in the list of verified or cer- (b) PUBLIC-PRIVATE PARTNERSHIP EXPERI- oversight of the provision of service by the tified technologies for nonroad vehicles and MENTAL PROGRAM.— private provider of public transportation; nonroad engines (as defined in section 216 of (1) PROGRAM ESTABLISHED.—The Adminis- and the Clean Air Act (42 U.S.C. 7550)) published trator shall establish a 6-year public-private (2) a lack of readily available non-Govern- pursuant to subsection (f)(2) of section 149, as partnership experimental program to en- ment funding has limited the expansion of in effect on the date on which the eligible encourage eligible recipients to carry out tests service provided by the recipient. tity enters into a prime contract or agree- and experimentation in the project develop- (c) APPLICATION.—An application for par- ment with a State to carry out a covered ment process that are designed to— ticipation in the pilot program established public transportation construction project; (A) attract private investment in eligible under subsection (a) shall— and projects; and (1) be submitted by a designated recipient ‘‘(C) certified by the installer as having (B) increase project management flexi- on behalf of a recipient; and been installed in accordance with the speci- bility and innovation, improve efficiency, (2) include a certification that the recipi- fications included on the list referred to in allow for timely project implementation, ent meets the requirements under subsection subparagraph (B) for achieving a reduction and create new revenue streams. (b). in particulate matter. (2) IMPLEMENTATION OF PROGRAM.—The ex- (d) REPORT.—Not later than September 30, ‘‘(d) ELIGIBILITY FOR CREDITS.— perimental program shall— 2013, the Secretary shall submit a report to ‘‘(1) IN GENERAL.—A State may take credit (A) except as provided in paragraph (5), the Committee on Banking, Housing, and in a State implementation plan for national identify any provisions of chapter 53 of title Urban Affairs of the Senate and the Com- ambient air quality standards for any emis- 49, United States Code, and any regulations mittee on Transportation and Infrastructure sion reductions that result from the imple- or practices thereunder, that impede greater of the House of Representatives that at a mentation of this section. use of public-private partnerships and pri- minimum shall include a description of— ‘‘(2) CREDITING.—An emission reduction de- vate investment in eligible projects; and (1) any new or expanded services that scribed in paragraph (1) may be credited to- (B) develop procedures and approaches would not have been provided without pilot ward demonstrating conformity of State im- that— program established under subsection (a); plementation plans and transportation (i) address the impediments described in (2) the cost effectiveness of any services plans.’’. subparagraph (A), in a manner similar to the described in paragraph (1); (b) SAVINGS CLAUSE.—Nothing in this sec- Special Experimental Project Number 15 of (3) the amount of private capital added to tion modifies or otherwise affects any au- the Federal Highway Administration (com- the national public transportation system thority or restrictions established under the monly referred to as ‘‘SEP–15’’); and and the impact on job growth from that pri- Clean Air Act (42 U.S.C. 7401 et seq.). (ii) protect the public interest and any vate capital; (c) REPORT TO CONGRESS.— public investment in eligible projects. (4) the effect of participation in the pilot (1) IN GENERAL.—Not later than 1 year after (3) REPORT.—Not later than 2 years after program established under subsection (a) on the date of enactment of this Act, the Sec- the date of enactment of this Act, and every other public transportation services; and retary of Transportation shall submit to the 2 years thereafter until the termination of (5) any other information that the Sec- Committee on Transportation and Infra- the experimental program, the Adminis- retary determines is necessary. structure of the House of Representatives trator shall submit to Congress a report on and the Committee on Environment and Mr. BENNET (for himself the status of the experimental program. SA 1705. Public Works and the Committee on Bank- ARNER (4) RULEMAKING.—Not later than 180 days and Mr. W ) submitted an amending, Housing, and Urban Affairs of the Sen- after the date of enactment of this Act, the ment intended to be proposed by him ate a report that describes the manners in Administrator shall issue rules to carry out to the bill S. 1813, to reauthorize Fed- which section 5341 of title 49, United States the experimental program. eral-aid highway and highway safety Code (as added by subsection (a)) has been (5) RULE OF CONSTRUCTION.—Nothing in this implemented, including the quantity of cov- construction programs, and for other subsection may be construed to allow the ered equipment serviced under those sections purposes; which was ordered to lie on Administrator to waive any requirement and the costs associated with servicing the the table; as follows: under— covered equipment. At the appropriate place, insert the fol- (A) section 5333 of title 49, United States (2) INFORMATION FROM STATES.—The Sec- lowing: Code; or retary shall require States and recipients, as SEC. ll. CREDIT FACILITY FOR TRANSIT-ORI- (B) any other provision of Federal law not a condition of receiving amounts under this ENTED DEVELOPMENT. described in paragraph (2)(A). Act or under the provisions of any amend- (a) CREDIT FACILITY ESTABLISHED.— (1) DEFINITIONS.—In this subsection: ments made by this Act, to submit to the SA 1704. Mr. WARNER (for himself Secretary any information that the Sec- (A) ELIGIBLE IMPROVEMENT.—The term ‘‘el- and Mr. BEGICH) submitted an amend- retary determines necessary to complete the igible improvement’’ means an infrastruc- report under paragraph (1). ment intended to be proposed by him ture improvement that— (d) TECHNICAL AMENDMENT.—The analysis to the bill S. 1813, to reauthorize Fed- (i) is located within the station area of an for chapter 53 of title 49, United States Code, eral-aid highway and highway safety eligible project;

VerDate Mar 15 2010 03:52 Feb 17, 2012 Jkt 019060 PO 00000 Frm 00068 Fmt 4624 Sfmt 0634 E:\CR\FM\A16FE6.076 S16FEPT1 pwalker on DSK7TPTVN1PROD with SENATE February 16, 2012 CONGRESSIONAL RECORD — SENATE S873 (ii) has a total project cost of not less than (2) in subsection (a), as designated by para- universities’ has the meaning given the term $10,000,000; and graph (1), by striking ‘‘An individual’’ and in section 1404 of the National Agricultural (iii) includes— inserting the following: Research, Extension, and Teaching Policy (I) the rehabilitation or construction of a ‘‘(b) CUMULATIVE NUMBER OF LICENSES.— Act of 1977 (7 U.S.C. 3103). street, a transit station, structured parking, ‘‘(1) IN GENERAL.—Except as provided in ‘‘(3) SECRETARY.—The term ‘Secretary’ a walkway, a bikeway; or paragraph (2), an individual’’; and means the Secretary of Transportation. (II) an activity described in section (3) in subsection (b), as designated by para- ‘‘(b) PROGRAM.— 5302(3)(G)(v) of title 49, United States Code, graph (2), by adding at the end the following: ‘‘(1) ESTABLISHMENT.—The Secretary shall as amended by this Act. ‘‘(2) MEMBERS OF ARMED FORCES.—An indi- make competitively awarded grants under (B) ELIGIBLE PROJECT.—The term ‘‘eligible vidual who is a member of the Armed Forces this section to nonprofit institutions of high- project’’ has the same meaning as in sub- operating a commercial motor vehicle may er education to establish a consortium of section (b). have a driver’s license issued by the Sec- land-grant colleges and universities to con- (C) SECRETARY.—The term ‘‘Secretary’’ retary of Defense in addition to a commer- duct a national program of research on means the Secretary of Transportation. cial driver’s license issued by a State.’’. biobased transportation fuels through 5 re- (2) IN GENERAL.—The Secretary may make (c) EXEMPTION FROM ALCOHOL AND CON- gional university centers of excellence. or guarantee a loan for an eligible improve- TROLLED SUBSTANCES TESTING.—Section ‘‘(2) ROLE OF CENTERS.—The role of the cen- ment, at any time before or after the eligible 31306(b)(1) is amended by adding at the end ters shall be— project relating to the eligible improvement the following: ‘‘(A) to assist in meeting the needs of the begins revenue service. ‘‘(C) The regulations required by subpara- United States for secure transportation fuels (3) PRIORITY.—In making and guaranteeing graph (A) shall exempt members of the that are economically viable and environ- loans under this subsection, the Secretary Armed Forces from any requirements relat- mentally sustainable; shall give priority to eligible improvements ing to testing for alcohol or controlled sub- ‘‘(B) to conduct research to support the that— stances.’’. movement and use of biobased transpor- (A) facilitate increased transit ridership (d) MODIFICATION OF RESIDENCY REQUIRE- tation fuels, including research on— and the preservation or creation of long- MENT.—Paragraph (12) of section 31311(a) is ‘‘(i) biobased-transportation fuel feed- term affordable housing units; and amended— stocks; (B) are carried out by metropolitan plan- (1) by striking ‘‘except that, under regula- ‘‘(ii) feedstock preparation and transpor- ning organizations, or members of the policy tions’’ and inserting the following: ‘‘except tation technologies; ‘‘(iii) conversion and distribution tech- board thereof, that have developed metro- that— nologies; and politan transportation plans under section ‘‘(A) under regulations’’; and ‘‘(iv) transportation infrastructure; 5303(i)(3) of title 49, United States Code, as (2) in subparagraph (A), as designated by ‘‘(C) to enhance national energy and trans- amended by this Act. paragraph (1), by striking the period at the portation security through the development, (4) TERMS AND CONDITIONS.—The Secretary end and inserting ‘‘; and’’; and distribution, and implementation of biobased shall establish terms and conditions for (3) by adding at the end the following: energy technologies; loans and loan guarantees under this sub- ‘‘(B) the State may issue a commercial ‘‘(D) to promote diversification in and the section that are consistent with the terms driver’s license to an individual who— environmental sustainability of biomass and conditions established under chapter 6 of ‘‘(i) operates or will operate a commercial feedstock production in the United States title 23, United States Code. motor vehicle; ‘‘(ii) is a member of the Armed Forces; and through biobased transportation fuels and (b) FUNDING.—Notwithstanding section product technologies; 5338(a) of title 49, United States Code, as ‘‘(iii) is not domiciled in the State, but who’s permanent duty station is located in ‘‘(E) to promote economic diversification amended by this Act— in rural areas of the United States through (1) of amounts made available under para- the State.’’. (e) FEDERAL AND STATE WORKING GROUP.— biobased transportation fuels and product graph (1) of such section 5338(a), $20,000,000 technologies; and (1) ESTABLISHMENT.—Not later than 3 for each of fiscal years 2012 and 2013 shall be ‘‘(F) to enhance the efficiency of biobased available to carry out subsection (a) of this months after the date of the enactment of this Act, the Secretary shall, in consultation transportation research and development section; and programs through improved coordination (2) the amounts described in paragraph (2) with the Secretary of Defense and in cooperation with the States, establish a work- and collaboration between the Department of such section 5338(a) shall be reduced by of Transportation, other appropriate Federal $20,000,000 on a pro rata basis. ing group to assist members of the Armed Forces to obtain commercial driver’s li- agencies, and land-grant colleges and univer- censes. sities. SA 1706. Mr. CARDIN submitted an ‘‘(3) DUTIES OF CENTERS.—A center estab- amendment intended to be proposed to (2) DUTIES.—The working group established under paragraph (1) shall, at a minimum— lished for a region described in subsection amendment SA 1633 proposed by Mr. (A) discuss implementation of this section (c)(2)(B) shall— REID to the bill S. 1813, to reauthorize and the amendments made by this section; ‘‘(A) provide research leadership and sup- Federal-aid highway and highway safe- and port collaboration among the land-grant unity construction programs, and for (B) submit to the Secretary such rec- versities and colleges within the region; other purposes; which was ordered to ommendations for legislative or regulatory ‘‘(B) manage a peer-reviewed competitive grant program in the region that engages the lie on the table; as follows: action as the working group considers advisable to improve the availability of commer- land-grant colleges and universities in the At the end of page 477, add the following: cial driver’s licenses to members of the region to address national priorities in the SEC. 32114. PROGRAM TO IMPROVE AVAIL- Armed Forces. context of the biogeographic and environ- ABILITY OF COMMERCIAL DRIVER’S mental conditions, and transportation infra- LICENSES TO MEMBERS OF ARMED SA 1707. Mrs. GILLIBRAND (for her- structure, in the region; and FORCES. ‘‘(C) operate the program of research on self and Mr. WYDEN) submitted an (a) STATE ACCEPTANCE OF TESTING OF MEM- biobased transportation fuels established BERS OF ARMED FORCES BY SECRETARY OF DE- amendment intended to be proposed by under this section in the region. FENSE FOR PURPOSES OF ISSUANCE OF COM- her to the bill S. 1813, to reauthorize ‘‘(c) GRANTS FROM SECRETARY TO NON- MERCIAL DRIVER’S LICENSES.—Section 3131, as Federal-aid highway and highway safe- PROFIT INSTITUTIONS OF HIGHER EDUCATION.— amended by section 32205 and 32303 of this ty construction programs, and for ‘‘(1) APPLICATIONS.—To receive a grant Act, is further amended by adding at the end other purposes; which was ordered to under this section, a nonprofit institution of the following: lie on the table; as follows: higher education shall submit to the Sec- ‘‘(25) The State shall accept as proof of retary an application that is in such form On page 559, between lines 10 and 11, insert compliance by an applicant for a commercial and contains such information as the Sec- the following: driver’s license with any knowledge or skills retary may require. test required under paragraph (1) or (2) or SEC. 2214. UNIVERSITY RENEWABLE TRANSPOR- ‘‘(2) GENERAL SELECTION CRITERIA.— TATION FUELS PROGRAM. under any provision of law of the State, evi- ‘‘(A) IN GENERAL.—Except as otherwise pro- dence that the applicant— (a) IN GENERAL.—Subchapter I of chapter vided in this section, the Secretary shall ‘‘(A) is a member of the Armed Forces; and 55 of title 49, United States Code, is amended award grants under this section in nonexclu- ‘‘(B) has passed a knowledge or skills test by adding at the end the following: sive candidate topic areas established by the administered by the Secretary of Defense ‘‘§ 5507. University renewable transportation Secretary that address the research prior- and approved by the Secretary of Transpor- fuels program ities described in section 503 of title 23. tation for purposes of this paragraph.’’. ‘‘(a) DEFINITIONS.—In this section: ‘‘(B) REGIONS.—The Secretary shall estab- (b) EXEMPTION FROM SINGLE LICENSE RE- ‘‘(1) CENTER.—The term ‘center’ means a lish a national consortium of 5 regional uni- QUIREMENT.—Section 31302 is amended— regional university center of excellence es- versity centers of excellence, with a center (1) by striking ‘‘No individual’’ and insert- tablished under this section. established within, and collaborating with ing the following: ‘‘(2) LAND-GRANT COLLEGES AND UNIVER- land-grant colleges and universities in, each ‘‘(a) IN GENERAL.—No individual’’; SITIES.—The term ‘land-grant colleges and of the following regions:

VerDate Mar 15 2010 03:52 Feb 17, 2012 Jkt 019060 PO 00000 Frm 00069 Fmt 4624 Sfmt 0634 E:\CR\FM\A16FE6.075 S16FEPT1 pwalker on DSK7TPTVN1PROD with SENATE S874 CONGRESSIONAL RECORD — SENATE February 16, 2012 ‘‘(i) NORTH-CENTRAL CENTER OF EXCEL- tional or regional education and outreach SA 1708. Mr. WARNER submitted an LENCE.—A north-central research center for programs; and amendment intended to be proposed by the region composed of the States of Illinois, ‘‘(vii) the demonstrated commitment of him to the bill S. 1813, to reauthorize Indiana, Iowa, Minnesota, Montana, Ne- the recipient to the use of peer review prin- Federal-aid highway and highway safe- braska, North Dakota, South Dakota, Wis- ciples and other research best practices in consin, and Wyoming. the selection, management, and dissemina- ty construction programs, and for ‘‘(ii) NORTHEASTERN CENTER OF EXCEL- tion of research projects. other purposes; which was ordered to LENCE.—A northeastern research center for ‘‘(3) SELECTION.—Not later than 1 year lie on the table; as follows: the region composed of the States of Con- after the date of enactment of the MAP–21, At the appropriate place, insert the fol- necticut, Delaware, Maine, Maryland, Massa- the Secretary, in conjunction with the Ad- lowing: chusetts, Michigan, New Hampshire, New ministrator of the Federal Highway Admin- SEC. lll. MOTORCOACH SAFETY STUDY. istration and the Federal Transit Adminis- Jersey, New York, Ohio, Pennsylvania, (a) STUDY.—Not later than 3 months after Rhode Island, Vermont, and West Virginia. tration, shall— the date of the enactment of this Act, the ‘‘(iii) SOUTH-CENTRAL CENTER OF EXCEL- ‘‘(A) select nonprofit institutions of higher Secretary shall award a competitive re- LENCE.—A south-central research center for education to receive grants under subsection search grant to a qualified, independent re- the region composed of the States of Arkan- (b) and this section; and search institution to conduct a comprehen- sas, Colorado, Kansas, Louisiana, Missouri, ‘‘(B) make grant amounts available to the sive research study of the safe operation of New Mexico, Oklahoma, and Texas. selected recipients. motorcoaches that— ‘‘(iv) SOUTHEASTERN CENTER OF EXCEL- ‘‘(d) USE OF GRANTS BY UNIVERSITY CEN- (1) uses naturalistic driving data equip- LENCE.—A southeastern research center for TERS OF EXCELLENCE AND SUBCENTER.— ment; and the region composed of the States of Ala- ‘‘(1) IN GENERAL.—A university center of (2) focuses on driver fatigue, driver distrac- bama, Florida, Georgia, Kentucky, Mis- excellence or subcenter established for a re- tion, hours of service, and other areas deter- sissippi, North Carolina, South Carolina, gion under subsection (c) shall use 75 percent mined by the Secretary to be necessary. of the funds made to provide competitive Tennessee, and Virginia, the Commonwealth (b) REPORT.—Not later than 9 months after of Puerto Rico, and the United States Virgin grants to entities that are— the date on which the research grant is Islands. ‘‘(A) eligible to receive grants under sub- awarded pursuant to subsection (a), the Sec- ‘‘(v) WESTERN CENTER OF EXCELLENCE.— section (b)(7) of the Competitive, Special, retary shall submit a report containing the ‘‘(I) IN GENERAL.—A western research cen- and Facilities Research Grant Act (7 U.S.C. results of the study conducted under sub- ter for the region composed of the States of 450i(b)(7)); and section (a) to— Arizona, California, Idaho, Nevada, Oregon, ‘‘(B) located in the region. (1) the Committee on Commerce, Science, Utah, Washington, and the States and insu- ‘‘(2) ACTIVITIES.—Grants made under this and Transportation of the Senate; and lar areas covered by the subcenter described subsection shall be used by the grant recipi- (2) the Committee on Transportation and in subclause (II). ent to conduct, in a manner consistent with Infrastructure of the House of Representa- ‘‘(II) WESTERN INSULAR PACIFIC SUB- the purposes of this section, multiinstitu- tives. CENTER.—Within the western research center tional and multistate research, extension, established under subclause (I), a western in- and education programs on technology devel- f sular Pacific research subcenter for the re- opment implementation. gion of Alaska, Hawaii, Guam, American ‘‘(3) ADMINISTRATION.— NOTICE OF HEARING Samoa, the Commonwealth of the Northern ‘‘(A) PEER AND MERIT REVIEW.—In making Mariana Islands, the Federated States of Mi- grants under this subsection, a research cen- COMMITTEE ON ENERGY AND NATURAL cronesia, the Republic of the Marshall Is- ter or subcenter shall— RESOURCES lands, and the Republic of Palau. ‘‘(i) seek and accept proposals for grants; Mr. BINGAMAN. Mr. President, I ‘‘(C) CRITERIA.—The Secretary, in coordi- ‘‘(ii) determine the relevance and merit of would like to announce for the infor- nation with the Administrator of the Federal proposals through a system of scientific peer mation of the Senate and the public Highway Administration and the Adminis- review; and ‘‘(iii) award grants on the basis of merit, that a hearing has been scheduled be- trator of the Federal Transit Administra- fore the Committee on Energy and Nat- tion, shall select each recipient of a grant quality, and relevance to advancing the pur- under subsection (b) and this subsection poses of this section. ural Resources. The hearing will be through a competitive process based on the ‘‘(B) TERM.—A grant awarded by a research held on Tuesday, March 6, 2012, at 10 assessment of the Secretary of— center or subcenter shall have a term that a.m., in room SD–366 of the Dirksen ‘‘(i)(I) the demonstrated leadership within does not exceed 5 years. Senate Office Building. the field of biobased transportation fuel re- ‘‘(C) MATCHING FUNDS REQUIRED.—As a con- The purpose of this hearing is to con- search; dition of receiving a grant under this sub- sider the President’s Proposed Budget ‘‘(II) demonstrated experience in the con- section, the research center or subcenter shall require that not less than 20 percent of for fiscal year 2013 for the Forest Serv- duct and management of research on ice. biobased transportation fuel feedstocks; and the cost of an activity described in para- ‘‘(III) demonstrated experience in working graph (2) be matched with funds (including Because of the limited time available with multiple Federal agencies; in-kind contributions) from a non-Federal for the hearing, witnesses may testify ‘‘(ii) demonstrated experience in awarding source. by invitation only. However, those and managing not less than $7,000,000 over a ‘‘(4) RESEARCH, EXTENSION AND EDU- wishing to submit written testimony period of at least 5 years in competitive CATIONAL ACTIVITIES.—A university center of for the hearing record should send it to grant expenditures provided to land-grant excellence or subcenter shall use the remain- the Committee on Energy and Natural colleges and universities, and institutions der of the grant funds, after application of paragraph (1), to conduct a regional re- Resources, United States Senate, room partnering with land-grant colleges and uni- 304 of the Dirksen Senate Office Build- versities to conduct research and education search, extension, and educational program programs in the area of biobased transpor- in a manner consistent with the purposes of ing, Washington, DC 20510–6150, or by tation fuels and biobased products that have this section. email to [email protected] the potential to reduce the cost of produc- ‘‘(5) PLANNING COORDINATION.—Grant funds .gov. tion of biobased fuel production through made available under this subsection may be For further information, please con- high-value coproducts; used to carry out planning coordination tact please contact Scott Miller (202) ‘‘(iii) a demonstrated history of working under this subsection. 224–5488 or Jake McCook (202) 224–9313. with other land-grant colleges and univer- ‘‘(6) MAXIMUM GRANT.—The amount of a sities within the applicable region in the grant made to a recipient for a fiscal year f conduct and implementation of field work on under this subsection shall not exceed biobased transportation fuel feedstocks; $6,000,000. AUTHORITY FOR COMMITTEES TO ‘‘(e) AUTHORIZATION OF APPROPRIATIONS.— ‘‘(iv) a demonstrated history of collabo- MEET rative efforts to collect and use natural re- There is authorized to be appropriated out of source and feedstock data for incorporation the Highway Trust Fund (other than the COMMITTEE ON ARMED SERVICES into geographic information systems and de- Mass Transit Account) to carry out this sec- Mr. LEAHY. Mr. President, I ask cisionmaking models; tion $30,000,000 for each of fiscal years 2012 unanimous consent that the Com- ‘‘(v) a history of and working access to and 2013.’’. (b) CONFORMING AMENDMENT.—The analysis mittee on Armed Services be author- biobased feedstock production research sta- ized to meet during the session of the tions in each State of the applicable region; for subchapter I of chapter 55 of title 49, ‘‘(vi) the demonstrated ability of the re- United States Code, is amended by adding at Senate on February 16, 2012, at 9:30 cipient to disseminate results and promote the end the following: a.m. the implementation of transportation re- ‘‘Sec. 5507. University renewable transpor- The PRESIDING OFFICER. Without search and education programs through na- tation fuels program.’’. objection, it is so ordered.

VerDate Mar 15 2010 05:00 Feb 17, 2012 Jkt 019060 PO 00000 Frm 00070 Fmt 4624 Sfmt 0634 E:\CR\FM\A16FE6.071 S16FEPT1 pwalker on DSK7TPTVN1PROD with SENATE February 16, 2012 CONGRESSIONAL RECORD — SENATE S875 COMMITTEE ON BANKING, HOUSING, AND URBAN ate on February 16, 2012, at 2:15 p.m. in I will have the authority now to have AFFAIRS room 628 of the Dirksen Senate Office the vote on the judge and the cloture Mr. LEAHY. Mr. President, I ask Building. vote so we can do that at any time to- unanimous consent that the Com- The PRESIDING OFFICER. Without morrow. I will talk to the Republican mittee on Banking, Housing, and objection, it is so ordered. leader to make sure it is a convenient Urban Affairs be authorized to meet COMMITTEE ON THE JUDICIARY time for everyone. We will come in at during the session of the Senate on Mr. LEAHY. Mr. President, I ask 10 tomorrow morning. February 16, 2012, at 10 a.m., to conduct unanimous consent that the Com- f a hearing entitled ‘‘Examining the Eu- mittee on the Judiciary be authorized ropean Debt Crisis and Its Implica- ORDERS FOR FRIDAY, FEBRUARY to meet during the session of the Sen- 17, 2012 tions.’’ ate, on February 16, 2012, at 10 a.m., in The PRESIDING OFFICER. Without SD–226 of the Dirksen Senate Office Mr. REID. Mr. President, I ask unan- objection, it is so ordered. Building, to conduct an executive busi- imous consent that the Senate adjourn COMMITTEE ON ENERGY AND NATURAL ness meeting. until 10 a.m. on Friday, February 17, RESOURCES The PRESIDING OFFICER. Without 2012; that following the prayer and Mr. LEAHY. Mr. President, I ask objection, it is so ordered. pledge, the Journal of proceedings be unanimous consent that the Com- SUBCOMMITTEE ON WESTERN HEMISPHERE, approved to date, the morning hour be mittee on Energy and Natural Re- PEACE CORPS, AND GLOBAL NARCOTICS deemed expired, and the time for the sources be authorized to meet during Mr. LEAHY. Mr. President, I ask two leaders be reserved for their use the session of the Senate on February unanimous consent that the Com- later in the day; that following any 16, 2012, at 9:30 a.m., in room 366 of the mittee on Foreign Relations be author- leader remarks, the Senate be in a pe- Dirksen Senate Office building. ized to meet during the session of the riod of morning business until 11 a.m., The PRESIDING OFFICER. Without Senate on February 16, 2012, at 10 a.m., with Senators permitted to speak objection, it is so ordered. to hold a Western Hemisphere, Peace therein for up to 10 minutes each, with COMMITTEE ON FOREIGN RELATIONS Corps, and Global Narcotics Affairs the time equally divided and controlled Mr. LEAHY. Mr. President, I ask subcommittee hearing entitled, ‘‘Iran’s between the two leaders or their des- unanimous consent that the Com- Influence and Activity in Latin Amer- ignees, with the Republicans control- mittee on Foreign Relations be author- ica.’’ ling the first half and the majority ized to meet during the session of the The PRESIDING OFFICER. Without controlling the final half; that fol- Senate on February 16, 2012, at 9:30 objection, it is so ordered. lowing morning business, the Senate resume consideration of S. 1813, the a.m. f The PRESIDING OFFICER. Without surface transportation bill; and finally, objection, it is so ordered. PRIVILEGES OF THE FLOOR I ask that the second-degree amend- COMMITTEE ON FOREIGN RELATIONS Mr. BINGAMAN. Mr. President, I ask ment filing deadline be at 10:30 a.m. Mr. LEAHY. Mr. President, I ask unanimous consent that Aoife Delargy, The PRESIDING OFFICER. Without unanimous consent that the Com- who is an intern in my office, be grant- objection, it is so ordered. mittee on Foreign Relations be authored floor privileges during the pendency f of S. 1813, the surface transportation ized to meet during the session of the PROGRAM Senate on February 16, 2012, at 11:30 bill. a.m., to hold a briefing entitled, The PRESIDING OFFICER. Without Mr. REID. Mr. President, there could ‘‘Iran’s Influence and Activity in Latin objection, it is so ordered. be up to four votes. If things don’t work out, we will have to have some of America.’’ f the votes later in the week, so we hope The PRESIDING OFFICER. Without MEASURE READ FOR THE FIRST objection, it is so ordered. that can come to be. We will notify TIME—S. 2118 Senators the minute we have some way COMMITTEE ON HEALTH, EDUCATION, LABOR, Mr. REID. Mr. President, I under- of moving forward with everything. AND PENSIONS stand there is a bill at the desk due for The four votes would be, of course, the Mr. LEAHY. Mr. President, I ask its first reading. cloture vote on the highway bill, the unanimous consent that the Com- The PRESIDING OFFICER. The Furman nomination, and we might mittee on Health, Education, Labor, clerk will read the bill by title for the have to do cloture on the conference and Pensions be authorized to meet, first time. report and final passage of that. So we during the session of the Senate, in The legislative clerk read as follows: will notify everyone what agreements order to conduct a hearing entitled we have been able to work on and get ‘‘Addressing Workforce Needs at the A bill (S. 2118) to remove unelected, unac- countable bureaucrats from seniors’ personal in touch with the Republican leader Regional Level: Innovative Public and health decisions by repealing the Inde- and hopefully move fairly quickly to- Private Partnerships’’ on February 16, pendent Payment Advisory Board. morrow morning. 2012, at 10 a.m. in room 430 of the Dirk- Mr. REID. Mr. President, I now ask Senators should expect a series of sen Senate Office Building. for a second reading and, in order to rollcall votes tomorrow on the motion The PRESIDING OFFICER. Without place the bill on the calendar, object to to invoke cloture on the Reid amend- objection, it is so ordered. my own request. ment No. 1633 and on the Furman nom- COMMITTEE ON HOMELAND SECURITY AND The PRESIDING OFFICER. Objec- ination. We also hope to consider the GOVERNMENTAL AFFAIRS tion is heard. The bill will be read for payroll conference report. Mr. LEAHY. Mr. President, I ask the second time on the next legislative f unanimous consent that the Com- day. mittee on Homeland Security and Gov- ADJOURNMENT UNTIL 10 A.M. ernmental Affairs be authorized to f TOMORROW meet during the session of the Senate ORDER OF BUSINESS Mr. REID. Mr. President, if there is on February 16, 2012, at 2:30 p.m. in Mr. REID. Mr. President, I apologize no further business to come before the order to conduct a hearing entitled to the staff and for everyone having to Senate, I ask that it adjourn under the ‘‘Securing America’s Future: The Cy- wait, but we have things we have been previous order. bersecurity Act of 2012.’’ working on and we have made a lot of There being no objection, the Senate, The PRESIDING OFFICER. Without headway, a lot of progress. We are still at 7:57 p.m,, adjourned until Friday, objection, it is so ordered. not all the way there, but it appears to February 17, 2012, at 10 a.m. COMMITTEE ON INDIAN AFFAIRS me that the House will probably vote f Mr. LEAHY. Mr. President, I ask on the conference report sometime to- unanimous consent that the Com- morrow morning. That being the case, NOMINATIONS mittee on Indian Affairs be authorized we will see what we can do to expedite Executive nominations received by to meet during the session of the Sen- things here. the Senate:

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THE JUDICIARY CAPTAIN SCOTT B. J. JERABEK SHELLY R. PARDINI JANICE M. PECUA JILL A. PRYOR, OF GEORGIA, TO BE UNITED STATES IN THE AIR FORCE ERNEST J. PEREZ CIRCUIT JUDGE FOR THE ELEVENTH CIRCUIT, VICE THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT COLIN D. PERRY STANLEY F. BIRCH, JR., RETIRED. TO THE GRADE INDICATED IN THE UNITED STATES AIR THERESA A. PETERS PAUL WILLIAM GRIMM, OF MARYLAND, TO BE UNITED FORCE UNDER TITLE 10, U.S.C., SECTION 624: REGINA D. PETERSON STATES DISTRICT JUDGE FOR THE DISTRICT OF MARY- FRANKLIN PORCIL LAND, VICE BENSON EVERETT LEGG, RETIRING. To be colonel JENNIFER L. PROSSER ELISSA F. CADISH, OF NEVADA, TO BE UNITED STATES DINO C. QUIJANO DISTRICT JUDGE FOR THE DISTRICT OF NEVADA, VICE JENNIFER M. AGULTO KAWANA A. RAWLS PHILIP M. PRO, RETIRED. LORRAINE R. BARTON DIANE REKAR MARK E. WALKER, OF FLORIDA, TO BE UNITED STATES PAMELA K. BEMENT JOAN P. ROBINSON DISTRICT JUDGE FOR THE NORTHERN DISTRICT OF KIRSTEN A. BENFORD KARRI A. ROMAN FLORIDA, VICE STEPHAN P. MICKLE, RETIRED. MAUREEN A. CHARLES SHANE S. RUNYON KATHLEEN B. CRAVER RICHARD S. RUSS IN THE AIR FORCE SUSAN C. DAVIS DEBRA A. SANTOS ELIZABETH A. DECKER TERESITA N. SCOTT THE FOLLOWING AIR NATIONAL GUARD OF THE UNITED NATHALIE F. ELLIS ANGELIQUE D. SIMPSON STATES OFFICERS FOR APPOINTMENT IN THE RESERVE JOANN C. FRYE LYNNE C. SMITH OF THE AIR FORCE TO THE GRADE INDICATED UNDER DALE G. GREY JAMES M. SPENCER, JR. TITLE 10, U.S.C., SECTIONS 12203 AND 12212: MARIA G. GUEVARA DE MATALOBOS SHAMANA J. STEVENS To be brigadier general GWENDOLYN C. JOHNSON TIMOTHY C. STONER ANDREA L. JONES LARRY M. STOWERS COLONEL ONDRA L. BERRY IDA L. MC DONALD MICHELE S. SUGGS COLONEL ALLEN D. BOLTON WANDA J. MC FATTER BRIAN W. THORNTON COLONEL WILLIAM D. COBETTO PATRICIA N. MEZA DAMON N. TOCZYLOWSKI COLONEL WADE A. LILLEGARD JACQUELINE A. MUDD ERIC I. TOVAR COLONEL THAD L. MYERS JILL J. OREAR WENDY J. TROGDON THE FOLLOWING AIR NATIONAL GUARD OF THE UNITED SUSAN M. PERRY DARA J. WARREN STATES OFFICERS FOR APPOINTMENT IN THE RESERVE KEVIN S. POITINGER THERESA L. WEBER OF THE AIR FORCE TO THE GRADE INDICATED UNDER MARCIA A. POTTER ANDREA K. WHITNEY TITLE 10, U.S.C., SECTIONS 12203 AND 12212: MELANIE A. PRINCE DOUGLAS L. WILKERSON JUDY D. STOLTMANN CRIS WILLIAMS To be major general KATHRYN W. WEISS JAY L. WILLIAMS, JR. BRIGADIER GENERAL STEVEN A. CRAY THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT CARL R. YOUNG, JR. BRIGADIER GENERAL WILLIAM J. CRISLER, JR. TO THE GRADE INDICATED IN THE UNITED STATES AIR THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT BRIGADIER GENERAL JON F. FAGO FORCE UNDER TITLE 10, U.S.C., SECTION 624: TO THE GRADE INDICATED IN THE UNITED STATES AIR BRIGADIER GENERAL MICHAEL A. LOH To be major FORCE UNDER TITLE 10, U.S.C., SECTION 624: BRIGADIER GENERAL ERIC W. VOLLMECKE To be colonel THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT MARIO ABEJERO IN THE UNITED STATES AIR FORCE TO THE GRADE INDI- CYNTHIA W. ADAMS RICHARD E. AARON CATED UNDER TITLE 10, U.S.C., SECTION 624: DANA M. ADRIAN FARLEY A. ABDEEN DANA J. ALBALATE ANTHONY D. ABERNATHY To be major general KATHLEEN M. AMIRALI BRYAN E. ADAMS BRIGADIER GENERAL DAVID W. ALLVIN RENATO B. BACTOL RAY C. ADAMS, JR. BRIGADIER GENERAL HOWARD B. BAKER JEFFREY L. BARGANIER FRANK D. ALBERGA BRIGADIER GENERAL THOMAS W. BERGESON JENNIFER E. BEHAN JEFFREY N. ALDRIDGE BRIGADIER GENERAL CHARLES Q. BROWN, JR. GREGORY D. BELLANCA DAVID T. ALLEN BRIGADIER GENERAL DARRYL W. BURKE ROSSER P. BIRDSONG RONALD GENE ALLEN, JR. BRIGADIER GENERAL RICHARD M. CLARK VINCENT M. BOYLE NATHAN A. ALLERHEILIGEN BRIGADIER GENERAL DWYER L. DENNIS JULIA L. BRADLEY GREGORY J. ANDERSON BRIGADIER GENERAL MARK C. DILLON TIMOTHY W. BRICKER WILLIAM B. APODACA BRIGADIER GENERAL CARLTON D. EVERHART II THOMAS G. BROCKMANN DAVID G. AUSTIN BRIGADIER GENERAL SAMUEL A. R. GREAVES REGINALD T. BROWN DAVID G. AVILA BRIGADIER GENERAL MORRIS E. HAASE JOHN A. CAMACHO AYALA JAMES R. BACHINSKY BRIGADIER GENERAL GARRETT HARENCAK LENORE CAPPELLUTI CRAIG R. BAKER BRIGADIER GENERAL PAUL T. JOHNSON SAM R. CHHOEUN PATRICK S. BALLARD BRIGADIER GENERAL RANDY A. KEE HEATHER D. COIL MICHAEL S. BALLEK BRIGADIER GENERAL JIM H. KEFFER MUN C. CONNERS CHRISTOPHER B. BARKER BRIGADIER GENERAL MICHAEL J. KINGSLEY SHANNAN L. CORBIN JOHNNY L. BARNES II BRIGADIER GENERAL JEFFREY G. LOFGREN DIANE K. COX WALDEMAR F. BARNES BRIGADIER GENERAL JAMES K. MC LAUGHLIN JEROME A. CRAWFORD BRIAN A. BARTHEL BRIGADIER GENERAL KURT F. NEUBAUER LOURDES CRUZ MARVIN T. BAUGH BRIGADIER GENERAL JOHN F. NEWELL III ADAM H. DALGLEISH CARRIE J. BAUSANO BRIGADIER GENERAL CRAIG S. OLSON MICHAEL D. DIXON STEVEN M. BEASLEY BRIGADIER GENERAL JOHN N. T. SHANAHAN JEREMY E. DOWNES CHARLES S. BEGEMAN BRIGADIER GENERAL MICHAEL S. STOUGH JOHN F. EGGERT BRIAN E. BELL BRIGADIER GENERAL SCOTT D. WEST SHANNON D. ELDRIDGE EDWARD A. BELLEM BRIGADIER GENERAL KENNETH S. WILSBACH KERRY ANN ELLIOTT HARRY P. BENHAM HERNAN R. ERAZO AARON K. BENSON IN THE ARMY TERRI L. FELDER JILL M. BERGOVOY NATHAN K. FERGUSON ANDREW T. BERNARD THE FOLLOWING NAMED OFFICER FOR APPOINTMENT BONNIE A. FRANCIS DOMINIC J. BERNARDI III IN THE UNITED STATES ARMY TO THE GRADE INDICATED MARK L. FRANCIS SARA A. BEYER WHILE ASSIGNED TO A POSITION OF IMPORTANCE AND ELIZABETH A. FROST STEVEN W. BIGGS RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION 601: SONJA P. FURSE ERIC J. BJURSTROM To be lieutenant general SPARKLE M. GRAHAM SHEILA G. BLACK NICOLE E. GRAMLICK WAYNE C. BLANCHETTE MAJ. GEN. RAYMOND P. PALUMBO JOHNNY R. GUERRA COBY D. BLAND TINA HALL SEVERIN J. BLENKUSH II IN THE NAVY PAUL F. HAMEL JOSEPH M. BLEVINS THE FOLLOWING NAMED OFFICER FOR APPOINTMENT ANDREW P. HANSEN ROD B. BLOKER IN THE UNITED STATES NAVY RESERVE TO THE GRADE CHINETA D. HARRIS LELAND B. BOHANNON INDICATED UNDER TITLE 10, U.S.C., SECTION 12203: TOMAS C. HERNANDEZ, JR. RICHARD K. BOHN, JR. JEREMY D. HICKS RICHARD T. BOLANOWSKI To be rear admiral (lower half) DAWN M. HIGGINS MATTHEW D. BONAVITA YVONNE R. HILL VANESSA L. BOND CAPT. BARBARA W. SWEREDOSKI MARY A. HILLANBRAND ROBERT W. BORJA THE FOLLOWING NAMED OFFICER FOR APPOINTMENT SHERI E. HISER JAMES P. BOSTER IN THE UNITED STATES NAVY RESERVE TO THE GRADE MICHELLE M. HUFSTETLER JAMES E. BOWEN, JR. INDICATED UNDER TITLE 10, U.S.C., SECTION 12203: KIMBERLY N. HUGHES ERIK C. BOWMAN To be rear admiral (lower half) RAMONA F. HUNTER SOLOMON E. BOXX RONSETTA N. HUTCHISON JAY A. H. BOYD CAPT. ERIC C. YOUNG CARL O. IMPASTATO SHAWN M. BRENNAN ANGELA J. JOBE TIMOTHY L. BRESTER THE FOLLOWING NAMED OFFICER FOR APPOINTMENT CATHERINE H. JORDAN WILLIAM E. BROOKS IN THE UNITED STATES NAVY RESERVE TO THE GRADE CHRISTA J. JORDAN JEFFREY S. BROWN INDICATED UNDER TITLE 10, U.S.C., SECTION 12203: LAURA K. JORG KURT F. BRUESKE To be rear admiral (lower half) CANDICE L. KENNEDY TERRY L. BULLARD SHANNON M. KERNES SHARON K. BURNETT CAPT. TIMOTHY W. DORSEY AARON O. KIBLER ALVIN F. BURSE THE FOLLOWING NAMED OFFICER FOR APPOINTMENT JOANNE M. KMETZ CHARLES J. BUTLER IN THE UNITED STATES NAVY RESERVE TO THE GRADE CYNTHIA A. LANG PATRICK E. BUTLER INDICATED UNDER TITLE 10, U.S.C., SECTION 12203: DEIDRA D. LYON KEVIN A. CABANAS JENNIFER A. MAHAR MICHAEL J. CALLENDER To be rear admiral (lower half) CYNTHIA N. MANDACCLARK BRENDA L. CAMPBELL CAPT. KIRBY D. MILLER CHRISTOPHER M. MANJARRES SCOTT C. CAMPBELL TAMMERA G. MATTIMOE MONTE R. CANNON THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT KELLY G. MC CANN JOEL L. CAREY IN THE UNITED STATES NAVY RESERVE TO THE GRADE JENA LIZABETH MEYER THOMAS R. CAREY INDICATED UNDER TITLE 10, U.S.C., SECTION 12203: CARMEN A. MILES THANNIE BARRY T. CARGLE To be rear admiral (lower half) WARREN B. MOORE DAVID A. CARLSON SARAH E. MORTON WILLIAM S. CARPENTER CAPTAIN MICHAEL J. DUMONT HEIDI S. MUDZIMUREMA JOHN K. CARTWRIGHT CAPTAIN ROBERT L. GREENE LISA R. PALMER SHANNON W. CAUDILL CAPTAIN LAWRENCE B. JACKSON MARTIN R. PAPROCK TODD M. CHENEY

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RHUDE CHERRY III HAROLD E. HARDINGE DAVID W. MCKEOWN JAMES L. CHITTENDEN MONTE S. HARNER MICHAEL S. MCMANUS SEAN M. CHOQUETTE DEXTER F. HARRISON DOUGLAS J. MELLARS GLEN E. CHRISTENSEN TRAVIS C. HARSHA JOHN R. MELLOY FIONA A. CHRISTIANSON DEAN H. HARTMAN WALTER K. MELTON MICHAEL S. CHRISTIE MICHAEL L. HASTRITER PAUL B. MENDY, JR. JOHN D. CINNAMON BERNARD J. HATCH III MICHAEL J. MERRITT CHRISTOPHER S. CLARK ROBERT L. HAUG ALEXANDER R. MERZ JAMES D. CLARK DENNIS A. HAUGHT MARK L. MESENBRINK WILLIAM C. CLARK SCOTT E. HAYFORD KIRSTEN R. MESSER DONALD T. CLOCKSIN KEVIN E. HEAD MICHAEL G. MESSER DARREN L. COCHRAN PAUL E. HENDERSON JONPAUL MICKLE BRANNEN C. COHEE ANTHONY R. HERNANDEZ CAROLINE M. MILLER CHRISTOPHER R. COLBERT DRYSDALE H. HERNANDEZ TONY L. MILLICAN HEATH A. COLLINS KEVIN R. HEYBURN CARL C. MISNER JEFFREY A. COLLINS JILL R. HIGGINS ROBERT M. MOCIO JASON R. COMBS BRIAN A. HILL EDUARDO D. MONAREZ TRAVIS E. CONDON DON E. HILL MICHAEL B. MONGOLD JEFFREY T. COOK THAD B. HILL ARTHUR MOORE III WILLIAM L. COOK GLENN E. HILLIS II SHAWN D. MOORE SHANNON M. COOPER RIGEL K. HINCKLEY TARA L. MORRISON WAYNE A. COOPER ANDREW C. HIRD DAVID R. MOTT JAMES A. COPHER MARK J. HOEHN RALPH J. MULI J. H. CORMIER III MARK G. HOELSCHER TRACEY L. MURCHISON GARY LYNN CORNN, JR. TODD A. HOHN PAUL J. MURRAY MICHAEL L. COTE CHRISTOPHER D. HOLMES STEVEN A. MYS PAUL COTELLESSO MICHAEL J. HOMOLA JERALD H. NARUM DONALD J. COTHERN JAMES R. HOSKINS CHRISTOPHER J. NIEMI ANTHONY W. COTTO MICHAEL S. HOUGH ERIC D. NORTH CHRISTOPHER N. CRANE FRANKLIN C. HOWARD DEREK M. OAKS KATHY A. CRAVER LARS R. HUBERT ELENA M. OBERG JENNIFER R. CROSSMAN MATTHEW L. HUGHBANKS JOHN J. OCONNOR JOHN E. CULTON III RANDALL S. HUISS MICHAEL M. OCONNOR DENNIS D. CURRAN BRIAN ALLEN HUMPHREY DAVID M. ODELL BRETT R. CUSKER EMI IZAWA JOSEPH L. OGEA, SR. ROBERT T. DANIEL MARK A. JABLOW MARTIN J. OGRADY CHRISTOPHER T. DANIELS ERIC A. JACKSON DONNA L. OHARREN ISAAC DAVIDSON MICHAEL L. A. JACKSON ERIC P. OLIVER ARTHUR D. DAVIS SCOTT K. JACKSON KENNETH G. ONEIL CHRISTOPHER D. DAVIS SEAN C. JACKSON RICHARD P. PAGLIUCO ANTHONY J. DAVIT SCOTT D. JACOBS JOHN L. PARKER IV MICHAEL L. DAWSON JURIS L. JANSONS MONICA M. PARTRIDGE CHRISTOPHER E. DECKER DANIEL E. JEFFERIES KELLY S. PASSMORE ERIC P. DELANGE DAVID S. JEFFERY CAROLYN J. PATRICK DOUGLAS D. DEMAIO JEFFREY R. JENSSEN DWIGHT F. PAVEK RICHARD W. DEMOUY ROBERT S. JOBE JAMES B. PEAVY KIERAN T. DENEHAN BRADFORD T. JOHNSON TIMOTHY L. PENNINGTON ERIC J. DENNY DANNY P. JOHNSON MATTHEW W. PERKINS MARNE R. DERANGER SHANNON L. C. JOHNSON CORY M. PETERSON JAMES B. DERMER CARL M. JONES WILLIAM C. PETERSON ROBERT L. DIAS SCOTT H. JONES STUART A. PETTIS JOEL S. DICKINSON KURT W. KAYSER EVAN L. PETTUS MICHAEL A. DICKINSON DAVID S. KEESEY PAUL D. PIDGEON TIMOTHY J. DICKINSON GREGORY S. KEETON DONNA M. G. PIKE JEFFREY A. DICKSON KEVIN G. KENNELLY JOHN M. PLATTE TODD L. DIEL PATRICK F. KENNERLY CHRISTOPHER A. PLEIMAN ERIC S. DORMINEY MICHAEL E. KENSICK ROBERT S. POPE ROBERT L. DOTSON DENNIS C. KING, JR. MATTHEW A. POWELL PETER W. DOTY DAVID A. KIRKENDALL MATTHEW J. POWELL RONNIE G. DOUD WALTER C. KIRSCHMAN III JOSEPH L. PRUE JOHN A. DOWNEY II SHANNON R. KLUG ANDREA M. PSMITHE DOUGLAS M. DRAKE ANDREW S. KOVICH III BRADLEY L. PYBURN DAVID S. DRICHTA ROBERT J. KRAUS DAVID M. QUICK TIMOTHY E. DUNSTER JORDAN R. KRISS BRIAN G. QUILLEN NEIL P. EISEN ERIC A. KRYSTKOWIAK CLARK J. QUINN JEAN K. EISENHUT CHARLES D. KUHL TIMOTHY J. RADE ROY P. FATUR DALE L. LANDIS II DAVID F. RADOMSKI HILARY K. FEASTER KENT A. LANDRETH CHAD D. RADUEGE JOHN W. FEATHER STEPHEN K. LANDRY SUSHIL S. RAMRAKHA KEITH N. FELTER, JR. REID M. LANGDON TIMOTHY J. RAPP SUSAN A. FERRERA JUSTIN C. LANGLOIS MICHAEL T. RAWLS PETER M. FESLER MAX E. LANTZ II LISA C. REDINGER MICHAEL J. FINCH ANTHONY LANUZO EDWINA C. REID WILLIAM C. FINLEY, JR. JOHN R. LAPORE III RAYMOND L. REYES JAMES L. FISHER DANIEL T. LASICA CLIFFORD E. RICH JAMES J. FLATTERY DAVID W. LAWRENCE LARRY G. RIDDICK, JR. TREVOR W. FLINT MICHAEL C. LAWRENCE CLARK H. RISNER DANA T. A. FLOOD PHILLIP A. LAYMAN DON D. ROBERTSON PETER J. FLORES TIMOTHY G. LEE PAUL A. ROELLE TODD A. FOGLE JOSEPH P. LEHNERD RYAN C. ROGERS LAURA M. G. FOGLESONG JAMES A. LEINART GILBERTO ROSARIO DONALD FREW RENE M. LEON GARY E. ROSE MICHAEL B. FRYMIRE ROBERT J. LEVIN, JR. MARK E. ROSE GREGORY J. GAGNON TODD J. LEVINE ROBERT J. ROWELL DAVID B. GASKILL CHERYL L. LEWIS PHILIP P. ROWLETTE JEFFREY S. GAST DONALD R. LEWIS THOMAS A. RUDY BRYAN T. GATES RODNEY D. LEWIS NATHAN A. RUMP JEFFRY E. GATES TED A. LEWIS KENTON A. RUTHARDT GLEN M. GENOVE ROBERT E. LICCIARDI GERARD F. RYAN, JR. RICHARD W. GIBBS RICHARD T. LINDLAN MICHAEL M. RYDER GREGORY P. GILBREATH BRIAN W. LINDSEY JOHN P. RYDLAND MICHAEL E. GIMBRONE JOSEPH W. LOCKE JAMES M. SAHM TODD L. GLANZER JOSEPH D. LOONEY GARY L. SALMANS REGINALD O. GODBOLT JOHN K. LUSSIER RUSLAN SANCHEZ CRUZ MICHAEL L. GOODIN MARK J. MACDONALD DAVID J. SANFORD KJALL GOPAUL SCOTT A. MACKENZIE PETER P. SANTAANA KEVIN J. GORDON EDWARD J. MADSEN ANDREW M. SASSEVILLE TIMOTHY A. GOSNELL MICHAEL D. MADSEN SCOTT JOSEPH SCHERER CHRISTOPHER S. GOUGH BENJAMIN R. MAITRE DAVID A. SCHILLING JEFFREY R. GRANGER GEOFFREY A. MAKI EARL S. SCOTT DONALD R. GRANNAN MAX M. MAROSKO III KELLY J. SCOTT KEITH GREEN MATTEO G. MARTEMUCCI CLAYTON A. SEALE CHRISTOPHER V. GREENE JOHNNIE MARTINEZ MICHAEL R. SEILER JAMES L. GREER CLAY E. MASON PATRICIA A. SERGEY ETHAN C. GRIFFIN KENDRA S. MATHEWS THOMAS B. SHANK RICHARD W. GRIFFIN ERIC S. MAYHEU DONALD G. SHANNON GEORGE H. GRIFFITHS, JR. AMY J. MCCAIN JAMES T. SHEEDY MICHAEL W. GRISMER, JR. BRIAN P. MCCARTHY DANIEL R. SHEESLEY SCOTT M. GUILBEAULT KAIPO S. MCCARTNEY DAVID L. SIEGRIST ANDY GWINNUP MICHAEL E. MCCLUNG JACK L. SINE JOEL J. HAGAN DOUGLAS F. MCCOBB, JR. KENNETH G. SIPPERLY, JR. DARREN B. HALFORD KRISTIN H. MCCOY JEOFFREY D. SLOAN HENRY G. HAMBY IV JAMES D. MCCUNE MARK A. SLOAN PHILLIP T. HAMILTON JOHN C. MCCURDY STAMATIS B. SMELTZ JEFF A. HAMM III SEAN R. MCELHANEY PAHIA ALEXANDER I. SMITH ANDREW P. HANSEN CHARLES B. MCFARLAND BRIAN N. SMITH MARY E. HANSON PETRA MCGREGOR CHRISTOPHER A. SMITH

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MATTHEW T. SMITH GERALD P. SZYBIST WENDY J. WASIK NATHAN E. SMITH FRED D. TAYLOR STEPHEN L. WEAVER SHAWN A. SMITH SCOTT A. THATCHER TIMOTHY D. WEST CHRISTOPHER G. SMITHTRO KEVIN C. THERRIEN SUZANNE L. WHEELER JEFFREY C. SOBEL JAMES E. THOMPSON JOE L. WHITE, JR. LAURA A. SOULE SCOTT T. THOMPSON RAYMOND C. WIER ADRIAN L. SPAIN KENNETH J. TIMKO JOHN B. WILBOURNE RANDALL G. SPARKS BRIAN A. TOM JAMES H. WILKERSON BENJAMIN W. SPENCER CHARLES A. TOMKO SCOTT E. WILLIAMS CHRISTOPHER M. SPIGELMIRE ROBERT W. TRAYERS, JR. MARK L. WILLIAMSON LAWRENCE J. SPINETTA ALICE WARD TREVINO PRESTON L. WILLIAMSON MICHAEL T. SPRADLEY DENNIS P. TUCKER, JR. MICHAEL J. WINTERS, JR. STANLEY A. SPRINGER DOYLE C. TURNER KIRK B. STABLER JEREMEY D. TURNER JEFFREY L. WITKOP KIRT L. STALLINGS SEAN K. TYLER WILLIAM S. WOLFE GREGORY K. STANKEWICZ KRISTIN S. UCHIMURA BRYAN T. WOLFORD ALEX STATHOPOULOS ROBERT K. UMSTEAD III PAMELA L. WOOLLEY AARON W. STEFFENS CHARLES E. UNDERHILL MARK O. YEISLEY KAREN D. STOFF BENJAMIN R. UNGERMAN AARON A. C. YOUNG ALESSANDRA STOKSTAD JENNIFER L. UPTMOR PATRICK G. YOUNGSON DAVID E. STOOKEY MARC R. VANDEVEER SCOTTIE L. ZAMZOW ROBERT A. STRASSER DANIEL A. VASENKO ERIC D. ZIMMERMAN MITCHELL D. STRATTON JOHN E. VAUGHN JEFFREY R. STUTZ TODD M. VENEMA IN THE ARMY CHRISTOPHER B. SULLIVAN MICHAEL C. VENERI JIMMIE E. SULLIVAN, JR. LASZLO A. VERES THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT JEFFREY P. SUNDBERG DEANNA L. VIOLETTE TO THE GRADE INDICATED IN THE RESERVE OF THE TIMOTHY J. SUNDVALL MICHAEL A. VOGEL ARMY UNDER TITLE 10, U.S.C., SECTION 12203: ANGELA W. SUPLISSON MICHAEL V. WAGGLE MARK A. SURIANO RICHARD E. WAGNER To be colonel ROBERT T. SWANSON, JR. JOHN C. WALKER STEVEN M. SWEENEY KENNETH D. WARCHOLIK DWIGHT Y. SHEN FRANCIS J. SWEKOSKY, JR. ANNE M. WARNEMENT CAROL J. PIERCE

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RECOGNIZING CATHOLIC PRESS sociation has played a critical role in providing away and allow large oil companies to suck MONTH news about this issue to millions of readers massive profits out of our Nation’s public re- throughout our country, in just the most recent sources. HON. JOHN A. BOEHNER demonstration of the service it provides to the Even with expanded drilling in some of the OF OHIO Church as well as to our nation, its citizens, most sensitive ecosystems in North America, IN THE HOUSE OF REPRESENTATIVES and the Constitution upon which our system of this proposal would only generate less than 2 government is founded. percent of the revenue needed to support the Thursday, February 16, 2012 As President Erlandson put it, ‘‘Only the transportation projects the bill authorizes over Mr. BOEHNER. Mr. Speaker, for more than Catholic press gives Catholic leaders a voice the next 5 years. 100 years the Catholic Press Association of with which to be heard by their people— With the President’s wise decision to wait the United States has provided news, informa- unmuted, uncensored and independent of the on the controversial Keystone XL pipeline, Re- tion, and commentary on an ongoing basis to preconceptions and prejudices of too many publicans are now trying anything they can millions of readers. The CPA’s bylaws make secular media outlets.’’ I congratulate the move it through without review or public sup- clear its commitment to help its members to Catholic Press Association for the century of port. This bill would shift authority for approval ‘‘serve effectively, through the medium of the contributions it has made and will continue to from the State Department to the Federal En- printed word, the social, intellectual and spir- make through the blessings of liberty in our ergy Regulatory Commission (FERC), even itual needs of the entire human family, and to great country. though FERC is not responsible for over- spread and support the Kingdom of God.’’ f seeing or regulating oil pipeline siting or safe- Hundreds of Catholic publications benefit from ty. the CPA, including my local paper, the Catho- PROTECTING INVESTMENT IN OIL This bill would not ask FERC to review the lic Telegraph, which has published since 1831 SHALE THE NEXT GENERATION pipeline; it would mandate that FERC author- and is read by 60,000 subscribers throughout OF ENVIRONMENTAL, ENERGY, ize the construction of Keystone XL. If they the Cincinnati archdiocese. AND RESOURCE SECURITY ACT refuse to approve it, the project would move ahead, ignoring important environmental pro- Today I rise to join the association’s cele- SPEECH OF bration of February as Catholic Press Month. tocol. I would also note the timeliness of Catholic HON. RAU´ L M. GRIJALVA Despite our Nation’s recent investments in Press Month and its immediate relevance to OF ARIZONA clean, homegrown, energy choices for Ameri- some of the important debates taking place in IN THE HOUSE OF REPRESENTATIVES cans, we are rushing through a pipeline that will import dirty oil from Canada to a port in Washington, DC. As CPA President Greg Wednesday, February 15, 2012 Erlandson noted in his statement, ‘‘This year Texas so it can be exported to other countries. Catholic Press Month comes at a particularly The House in Committee of the Whole This is not the way to make this sort of deci- House on the state of the Union had under critical moment. Our bishops have made clear sion. consideration the bill (H.R. 3408) to set clear At the beginning of last year, the Republican their concern with recent government regula- rules for the development of United States tions and the threat such regulations pose to oil shale resources, to promote shale tech- majority promised an open and transparent religious liberty. It is during challenging times nology research and development, and for Congress that would include single item bills, like these that we can best recognize the other purposes: sufficient time for review, and bills under an great blessing that is the Catholic press.’’ Mr. GRIJALVA. Mr. Chair, I rise in opposi- open rule. Today, we are on the House floor As has been well documented of late, a new tion to this bill. debating a 200-page section of a 900-page mandate advanced by the U.S. Department of I do not even know where to start: Keystone transportation bill. Health and Human Services under President XL; Drilling in the Arctic National Wildlife Ref- We were promised a Congress focused on Obama’s administration would require faith- uge; Drilling of the coast of California; Throw- jobs and continued efforts to bolster our Na- based employers, individuals, and insurers— ing money at oil shale, an unproven tech- tion’s economic recovery. Instead, we have including Catholic charities, schools, univer- nology with a horrible track record and no been given a year of political games and a sities, and hospitals—to provide services they clear path to responsible development that will paralyzed legislative branch. Let’s start over and work on a bill that will believe are immoral. Those services include not create jobs or revenue for the Treasury. make our roads safer, modernize our high- sterilization, abortion-inducing drugs and de- All of that is in this bill. vices, and contraception. The mandate is Reauthorization of the Surface Transpor- ways and create real, long lasting jobs. I urge my colleagues to vote NO. being implemented as a result of the health tation bill should be a noncontroversial exer- care law signed by President Obama in 2010. cise that invests in roads, highways, bridges, f In a January 26 letter about this mandate to tunnels, and waterways throughout the coun- TRIBUTE TO MILTON BERNARD the Catholic Telegraph, the Archbishop of Cin- try. Bipartisan efforts in the past saw this reau- GREENE cinnati, the Most Reverend Dennis Schnurr, thorization as a key jobs creator and reinvest- expressed the frustration of many Ohio Catho- ment tool for America to reinvest in its phys- HON. JAMES E. CLYBURN lics when he declared: ‘‘We cannot—we will ical infrastructure and regain its competitive OF SOUTH CAROLINA not—comply with this unjust law. People of advantage. For the first time since the creation IN THE HOUSE OF REPRESENTATIVES faith cannot be made second-class citizens.’’ of the Interstate Highway System in 1956, this In a subsequent letter on February 13, after Transportation bill does not contain a single Thursday, February 16, 2012 President Obama announced what was called high priority infrastructure project. Mr. CLYBURN. Mr. Speaker, I rise today to an accommodation, Cardinal Schnurr reiter- Instead, this bill intends to pay for reauthor- pay tribute to a public servant, a civil rights ac- ated the Church’s ‘‘firm position that the free- ization of the transportation bill with some of tivist and a dear friend. Milton Bernard Greene dom to follow one’s conscience and to have the most controversial, partisan, and special passed away on February 4, 2012 at the age access to health care are both fundamental interest-driven pieces of legislation considered of 71. His larger than life personality and dedi- human rights. We will not be forced into a po- by this Republican-controlled House. cation to his community will be sorely missed. sition of choosing between the two.’’ This bill would open the Alaska National ‘‘Duke,’’ as he was affectionately known, In imposing this mandate, the federal gov- Wildlife Refuge to onshore oil extraction. was born in Columbia, South Carolina to Wil- ernment has drifted dangerously beyond its Home to elk, caribou, gray wolves and polar liam Bennett and Bernice Raiford Greene. He constitutional boundaries, encroaching on reli- bears, the refuge is one of the most pristine was a graduate of C.A. Johnson High School gious liberty in a manner that affects millions pieces of wilderness anywhere on Earth. It and Benedict College. of Americans and harms some of our nation’s was set aside as a refuge on a bipartisan While a student at the historically Black most vital institutions. The Catholic Press As- basis. Now, the majority wants to throw that Benedict College, he became part of a core

∑ 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 06:14 Feb 17, 2012 Jkt 019060 PO 00000 Frm 00001 Fmt 0626 Sfmt 9920 E:\CR\FM\A16FE8.001 E16FEPT1 tjames on DSK6SPTVN1PROD with REMARKS E210 CONGRESSIONAL RECORD — Extensions of Remarks February 16, 2012 group of students who organized protests in Georgia with a B.S. in Agriculture, Mr. Webb oping new enterprises. In addition, Dublin re- Columbia during the civil rights movement of continued to work alongside his uncle until ceived the honor of being named a 2011 ‘‘All- the early 1960s. During that time he became 1994, when he decided to venture out on his America City’’ by the highly-regarded National a cohort of Reverend I. DeQuincey Newman, own. Civic League, NCL. Dublin was given this rec- who was the charismatic leader of the South Over the last several years, Mr. Webb has ognition because of its ingenuity and resource- Carolina NAACP. Milton was a fixture in the played a positively pivotal and instrumental fulness in finding solutions to some of its im- civil rights movement, but he preferred to re- role in advocating for sound agricultural poli- mediate challenges as well as its continued main behind the scenes. cies that have benefited many of our nation’s work to foster civic engagement among resi- Yet he was thrust into the spotlight when he farmers on regional, national and global plat- dents. was arrested along with four other Benedict forms. He currently serves as Delegate on the Dublin serves as a model to the rest of the College students in 1960 during a sit-in at the National Cotton Council; Treasurer of the Flint nation, and I am honored to represent this vi- Taylor Street Pharmacy. They were accused River Water Planning and Policy Center; Di- brant community. I ask my colleagues to join of breaching the peace, but the U.S. Supreme rector of the Edison Gin Co-op Inc.; Director of me in applauding Dublin on the occasion of its Court later overturned the charge. the Cotton Council International; President of Thirtieth Anniversary. Milton went on to serve as a field represent- American Peanut Marketing; and Director of f ative for former U.S. Senator Ernest ‘‘Fritz’’ the Southern Cotton Growers. PERSONAL EXPLANATION Hollings of South Carolina. His organizing Due in large part to his successful farming skills served him well in this capacity. He then career and his unyielding advocacy on behalf took on a position with the South Carolina De- of America’s farmers, Mr. Webb has been rec- HON. EMANUEL CLEAVER OF MISSOURI partment of Social Services from which he ulti- ognized repeatedly for his agricultural achieve- IN THE HOUSE OF REPRESENTATIVES mately retired. ments. In 1998, he was selected to participate He was always very politically active, help- in the National Cotton Council’s prestigious Thursday, February 16, 2012 ing in my campaigns for Secretary of State leadership program. A few years later, in Mr. CLEAVER. Mr. Speaker, due to a com- and for Congress. He also served as the poll 2005, he was selected as the Lancaster Geor- mitment in my district, I had to miss votes on manager for the Keels precinct in the gia Farmer of the Year at the Sunbelt Agri- H.R. 3408. Had I been present, I would have Dentsville area of Columbia for 20 years. culture Expo Farm Show in Moultrie, Georgia. voted ‘‘aye’’ on Amendment 12, ‘‘aye’’ on Milton was a member of Omega Psi Phi Additionally, in 2009, he was named Georgia’s Amendment 11, and ‘‘aye’’ on Amendment 9. Fraternity, Inc, and was married to his high Outstanding Young Peanut Farmer of the f school sweetheart, Doris Glymph Greene, for Year. 47 years. They had two daughters, Col. Kim- Mr. Webb has achieved numerous suc- REMEMBERING ORLANDO ZAPATA berly Greene (U.S. Air Force) of San Antonio, cesses in his life, but none of this would have TAMAYO TX, and Professor Wendy Greene of Bir- been possible without the support of his loving mingham AL; and a son, Milton Bernard wife of more than twenty-five years, Anjie HON. MARIO DIAZ-BALART Franklin Greene of Charleston, SC. And they Webb. Mr. and Mrs. Webb are the proud par- OF FLORIDA were also the proud grandparents of four ents of three children—Parker, Devin and Har- IN THE HOUSE OF REPRESENTATIVES grandchildren, Julian and Morgan Parker; ris. Thursday, February 16, 2012 Lauren-Taylor and Joelle Greene. On a personal note, Mr. Webb has served Mr. DIAZ-BALART. Mr. Speaker, next week, Mr. Speaker, I ask that you and our col- as an advisor and friend to me for many years we will commemorate the two-year anniver- leagues join me in celebrating the life of Milton and he has frequently given me wise counsel sary of the death of Orlando Zapata Tamayo. Greene. This extraordinary man was an un- and sound advice. Orlando Zapata Tamayo was a member of sung hero of his generation, who didn’t seek Mr. Speaker, I ask my colleagues to join me the pro-democracy organizations Movimiento recognition but always sought justice. He was today in paying tribute to Mr. James L. Alternativa Republicana and the Consejo a big man, with a big personality, and he will ‘‘Jimmy’’ Webb for his outstanding contribu- Nacional de Resistencia Cı´vica. He was ar- leave a big hole in the hearts of all who knew tions to America’s agricultural industry and his rested several times; the last arrest occurred him. principled advocacy on behalf of our nation’s on March 20, 2003 during Cuba’s notorious f farmers. ‘‘Black Spring,’’ while he was taking part in a f hunger strike at the Jesu´s Ya´nez Pelletier IN RECOGNITION OF JAMES L. Foundation in Havana, to demand the release ‘‘JIMMY’’ WEBB RECOGNIZING THE THIRTIETH AN- of Dr. Oscar Biscet and other political pris- NIVERSARY OF THE CITY OF oners. HON. SANFORD D. BISHOP, JR. DUBLIN Amnesty International began calling for Or- OF GEORGIA lando Zapata Tamayo’s release shortly after IN THE HOUSE OF REPRESENTATIVES HON. JERRY McNERNEY his arrest and referred to him as a prisoner of Thursday, February 16, 2012 OF CALIFORNIA conscience who should be released imme- IN THE HOUSE OF REPRESENTATIVES diately. He spent more than a year in prison Mr. BISHOP of Georgia. Mr. Speaker, I rise Thursday, February 16, 2012 before he was actually tried and sentenced in today to pay tribute to a great American cotton May of 2004. Although he was originally sen- farmer, U.S. agricultural advocate, business- f tenced to three years in prison for ‘‘dis- man, administrator, and dedicated community Mr. MCNERNEY. Mr. Speaker, I today irise respect,’’ ‘‘public disorder,’’ and ‘‘resistance,’’ leader from the great State of Georgia, James to ask my colleagues to join me in honoring the length of his sentence was extended sev- L. ‘‘Jimmy’’ Webb. Earlier this month, Mr. the City of Dublin on the occasion of its Thir- eral times so that he was serving a thirty-six Webb was elected to serve as President of tieth Anniversary. year sentence at the time of his death. During the Cotton Council International, CCI. CCI is Although Dublin is celebrating its official his many years in prison, he suffered beat- the National Cotton Council’s, NCC, export Thirtieth Anniversary, it can trace its roots ings, humiliation, and long periods of solitary promotions arm and manages programs in back to 1772 when Spanish explorers first confinement. According to Amnesty Inter- more than 50 countries under the prestigious journeyed through the region. Dublin continues national, on October 20, 2003, he was COTTON USA trademark. to preserve and embrace its history and cul- dragged on the floor of Combinado del Este Mr. Webb was elected to his new position at tural heritage by restoring parks and muse- Prison by his jailers after requesting medical CCI’s recent board meeting which took place ums, hosting annual parades, and promoting attention. The abuse left his back full of lac- in Fort Worth, Texas during the NCC’s 74th sustainable methods to build lasting and vital erations. Annual Meeting. Previously, Mr. Webb served community centers. I have enjoyed my fre- Orlando Zapata Tamayo began a hunger as CCI’s first vice president and he succeeds quent visits to Dublin, including attending sev- strike on December 3, 2009 to protest abhor- John D. Mitchell as CCI’s newly elected Presi- eral of the city’s well-known St. Patrick’s Day rent prison conditions and the arbitrary exten- dent. parades. sions of his sentences. His hunger strike Mr. Webb hails from Leary, Georgia and he The exemplary work and values of Dublin lasted more than 80 days. During that time, he began farming with his uncle, Bob McLendon, are gaining notice. Even during these tough was deprived of water and ultimately devel- back in 1980 and he made his first crop in economic times, Dublin has continued to pros- oped pneumonia after being kept naked un- 1986. After graduating from the University of per by attracting new businesses and devel- derneath an air conditioner. He died at the

VerDate Mar 15 2010 06:14 Feb 17, 2012 Jkt 019060 PO 00000 Frm 00002 Fmt 0626 Sfmt 9920 E:\CR\FM\A16FE8.003 E16FEPT1 tjames on DSK6SPTVN1PROD with REMARKS February 16, 2012 CONGRESSIONAL RECORD — Extensions of Remarks E211 hands of the Castro regime on February 23, that they lose their home to foreclosure, to a As week by week and all throughout the year 2010. ‘‘short sale,’’ or by simply walking away. Bank- so grows this seed! Reina Luisa Tamayo, Orlando Zapata ruptcy should offer a legal means to escape And some will give up their health in future years indeed! Tamayo’s mother, declared that the regime from debt and get a second chance, but ordi- As all in their most Gotham hearts so beats! murdered her son and loudly condemned the nary homeowners are denied this opportunity A dream to be the best in the NFL . . . the atrocity. As a consequence, Castro’s thugs with their mortgages. Dream! punished her with harassment, barbaric acts Current bankruptcy law prohibits modifying To be the Super Bowl Champions of the of repression, and beatings by hateful mobs in mortgages for people who live in their homes World! the days and weeks following her son’s mur- but allows modification for vacation homes or The one that every player has unfurled! der. investment properties. For instance, if a spec- Perhaps even greater than being in the Hall Sadly, the two years since Orlando Zapata of Fame ulator whose investment property lost half of For above all else, this championship means Tamayo’s death have been years of increased its value files for bankruptcy, a judge can team! repression and more murders by the Castro modify the loan, including reducing the bal- And now this moment of truth has come, regime. The number of political arrests dou- ance to its fair market value and lowering the sixty minutes and it’s done! bled between 2010 and 2011. Furthermore, interest rates. To make that dream come true, or so suc- since Orlando Zapata Tamayo’s death, the The Bankruptcy Equity Act allows a bank- cumb! Cuban regime has murdered three other brave ruptcy judge to modify a homeowner’s mort- And on this night, the G-Men stood strong prisoners of conscience—Juan Wilfredo Soto and defiant! gage, bringing fairness to ordinary people who To become the world champions, they are Garcia (d. May 8, 2011), Laura Pollan, inspira- cannot afford payments on the inflated value The New York Giants. tional leader of the Ladies in White (d. Octo- of their homes, but can make payments if their In the battle of two strong guns, two of the ber 14, 2011), and Wilman Willar Mendoza (d. mortgages were fairly valued. It helps keep Hall’s future sons, January 19, 2012). They are all heroes, and families in their homes and prevents the fore- As Eli was coming and Brady was hoping for their deaths were all immeasurable losses. closures that are driving down home prices another one . . . While we continue to mourn the loss of Or- and creating vacant properties that can dev- Would E lie down or would Brady’s dreams lando Zapata Tamayo, and the senseless astate communities. It will also help prevent come undone? The Patriots were favored, but of this the Gi- deaths of so many other brave activists, his the buildup of another housing bubble by en- ants would have none! spirit and mission have strengthened Cuba’s couraging financial institutions to take greater Because, G-Forces are so hard to tolerate, courageous pro-democracy movement. Imme- care to ensure they are lending to only re- my son! diately following his death, other political pris- sponsible borrowers. The securitization of And too much exposure will make your oners picked up his cause and began hunger questionable mortgages would not have been dreams come undone! strikes of their own. Another great pro-democ- possible if homeowners were treated as busi- All for Myra, the Patriots so wanted this racy activist, Jorge Luis Garcia Perez nesses. one! (‘‘Antunez’’), renamed his pro-democracy or- While on the opening drive their defenses I look forward to working with my colleagues came alive, ganization the ‘‘Orlando Zapata Tamayo Na- to protect America’s homeowners. As one of Weatherford’s three great punts tional Front for Civic Resistance and Civil Dis- f put the Pats in a bind! obedience,’’ which continues to organize pro- But, the reversal on the 12 man D left tests and oppose the Castro dictatorship. On PERSONAL EXPLANATION Belichick crying! June 30, 2011 in Vilnius, Lithuania, the Par- Then, Victor put it into Cruz control with a liamentary Forum of the Community of De- HON. TOM GRAVES TD flying! mocracies unanimously passed a resolution Already nine to zip, it was looking like a G- OF GEORGIA Man Championship! honoring that organization and acknowledging IN THE HOUSE OF REPRESENTATIVES Eli was nine for nine, its importance to the pro-democracy move- Thursday, February 16, 2012 But, the Pats did the patriotic thing . . . ment in Cuba. they never gave up, and they never I remain outraged that the regime in Cuba Mr. GRAVES of Georgia. Mr. Speaker, on gave in. robbed the world of such a remarkable and rollcall vote No. 61, the Bishop Amendment to As Brady completed ten passes straight, on a courageous leader. But, in many ways, Or- H.R. 3408, I inadvertently voted ‘‘aye,’’ when 96 yard drive . . . lando Zapata Tamayo lives. Within the pro-de- in fact I intended to vote ‘‘no.’’ As Danny Wood used his head on a catch across the line. mocracy movement that still honors him, and f At the half, the Pats look like Giant killers, among the courageous activists that were finally this time! emboldened by his sacrifice, Orlando Zapata IN HONOR OF THE NEW YORK GI- As the Pats got the ball and scored seven on Tamayo has become a symbol of persever- ANTS SUPER BOWL XLVI VIC- a 79 yard drive, ance in the face of crushing totalitarianism. TORY Even Ochocinco and Brady hooked up, and fi- His life will forever be a blessing to Cuba’s nally combined. brave pro-democracy movement, and his HON. MICHAEL G. GRIMM And then Hernandez was key when he caught memory will outlast the horrors of the dying a 12 yard TD . . . OF NEW YORK While in Bean Town a World Championship Castro regime. When the Cuban dictatorship IN THE HOUSE OF REPRESENTATIVES was coming to mind! is finally relegated to the ash heap of history, Thursday, February 16, 2012 But little did they know that E would not li Orlando Zapata Tamayo will be remembered down! as a hero who helped to lead Cuba into free- Mr. GRIMM. Mr. Speaker, I rise today to And in that Gotham City you could hear the dom. honor the New York Giants—the champions of hearts pound! f Super Bowl XLVI. I ask that this poem, But the drive died . . . failed, as time was penned in their honor by Mr. Albert Caswell, running out . . . INTRODUCTION OF THE When, the Pats got the ball back they start- be placed into the RECORD. BANKRUPTCY EQUITY ACT ed to drive . . . ‘‘THE G FORCES’’ Looking like the Giants may be going down In nature there are such forces . . . for the count this time! HON. EARL BLUMENAUER As in this sport is! Would Brady take away the G and the I? OF OREGON That which are so hard to withstand! Who would play Batman and Robin this IN THE HOUSE OF REPRESENTATIVES For in the NFL, there are such Giants who time? dwell! And as the ball came down to Wes Welker on Thursday, February 16, 2012 Whose strength, size, power, and speed over that 20 yard line . . . Mr. BLUMENAUER. Mr. Speaker, when all others exceed! Surely he’d make that great catch, as he had nearly one in four homeowners owe more on The G-Men, of whom I speak have Gotham made a million times! their mortgage than their home is worth, I am Hearts you must heed! Turning the G-Forces into P-forces, and to As it’s all here where a team bonds as one to over them preside! pleased to introduce the Bankruptcy Equity succeed! But he dropped it, as you could feel him and Act. ‘‘Underwater’’ mortgages are a tremen- Learning to rely on each other as brothers in the Patriots’ hearts die dous source of financial stress for families. arms, their creed! As the G-Men got the ball back with 3:46! While some are able to continue making their With such sacrifice and blood, sweat, and It was getting close, as time meant the most, payments, others are so overwhelmed by debt tears, all at speed! do or die!

VerDate Mar 15 2010 06:14 Feb 17, 2012 Jkt 019060 PO 00000 Frm 00003 Fmt 0626 Sfmt 0634 E:\CR\FM\A16FE8.007 E16FEPT1 tjames on DSK6SPTVN1PROD with REMARKS E212 CONGRESSIONAL RECORD — Extensions of Remarks February 16, 2012 As Commissioner Gordon put up the bat sig- LITHUANIAN INDEPENDENCE individuals would not have access to the help nal in the sky, they need to make the most of their sight. While Archie was up in the box as he was Dr. Alibhai is also a well known author and about ready to cry! HON. LOU BARLETTA OF PENNSYLVANIA lecturer who has given numerous presen- And Peyton said ‘‘I wish I was on the side- tations to eye care professionals on issues re- IN THE HOUSE OF REPRESENTATIVES line!’’ lated to low vision. In addition to these en- ‘‘Get me a neck brace; I’m going down there Thursday, February 16, 2012 deavors, Dr. Alibhai is committed to sharing this time!’’ his knowledge with the public. He often As it was Eli’s time to shine, or let his team Mr. BARLETTA. Mr. Speaker, I rise to mark speaks at educational events and makes pres- die! the 94th anniversary of Lithuanian independ- ‘‘The mountain top, go get in, failure’s not ence. entations to community groups about low vi- an option, can’t stop’’ Lithuania gained its independence from the sion. With the play of the game looking like their Russian Empire at the end of World War I. It An active member of the community, Dr. last Super Bowl fame! was the first time in three centuries that the Alibhai has served as a board member for As a dynamic duo, Batman and Robin some- Lithuanian people were free of the czarist re- several vision organizations, including POB, how combined! gime. Their newfound liberty lasted only until and was an examiner for the National Board To snatch the revolution out of these Patri- 1940, when Stalinist Russian troops invaded of Examiners in Optometry. Dr. Alibhai is also ots’ hands, one more time! and annexed Lithuania and the other Baltic a member of the Fairfax Hosts Lions Club Dis- With a 38 yard miraculous catch by states. The Lithuanian people suffered greatly trict 24–A and played an instrumental role in Manningham . . . under a brutal Soviet regime, but they never connecting the club with POB to develop And it was a thing of beauty, a pure work of gave up their quest for freedom and self-deter- POB’s Low Vision Learning Center in Alexan- art . . . mination. After decades of struggle, Lithuania dria, VA. Since the center opened in 2010, Dr. That kind of throw and catch that could stop Alibhai and his team have helped more than someone’s heart! finally gained its independence from the Soviet Union on March 11, 1990. 750 individuals make the most of their sight. With a tap dance and a catch, Mr. Speaker, on behalf of Virginia’s 8th Even Gregory Hines and Raymond Berry Freedom never came easily for the Lithua- nian people. The celebration of Lithuanian Congressional District, I want to extend my would make proud! congratulations to Dr. Alibhai, recognizing him That, in NFL history will now forever sound! independence is a reminder to all Lithuanians And then Bradshaw, didn’t know if he should of their heroic struggle to obtain and maintain for his leadership, passion and most impor- score or fall? that freedom. Lithuanian Independence Day is tantly, his commitment to improving the quality With the Pats strategy to give them some a remembrance of the many years Lithuania of life for people with low vision. We wish him time and back the ball! spent under oppressive foreign rule, and of its continued success in his work both with POB But his G-Forces carried him into the end people’s struggle to be free. Americans of and throughout Northern Virginia. zone . . . Lithuanian descent commemorate the anniver- f As it was now Brady’s time to bring it home! sary of Lithuanian independence with celebra- On another key play, for the second time RECOGNIZING JUSTINA PICKARD tions and festivities throughout the country. AS THE 2012 WALTON COUNTY, that day . . . The Knights of Lithuania was organized on Justin, invoked his own version of the Tuck FLORIDA SCHOOL RELATED EM- April 27, 1913. They believe in their members’ Rule, to Pound! PLOYEE OF THE YEAR With all those hits, Brady must have won- dedication by having an appreciation of the dered if? Lithuanian language, customs, and culture, HON. JEFF MILLER and by emphasizing the importance of their The G-Men had a contract on him! OF FLORIDA Roman Catholic beliefs. They strive to live up As he spent more time lying on the field, IN THE HOUSE OF REPRESENTATIVES than the turf in the ground! to their motto, ‘‘For God and Country’’ through And then the final play by Brady . . . ‘‘in the cultural presentations, lectures, trips, and cho- Thursday, February 16, 2012 midnight hour’’ ral and dance groups. They are tremendous Mr. MILLER of Florida. Mr. Speaker, I rise But (too bad) his receivers seemed to cower! advocates of the Lithuanian people and herit- today to recognize Justina Pickard as the As the ball fell to the ground, as there were age. 2012 Walton County, Florida School District tears in Bean Town . . . Mr. Speaker, the 94th anniversary of Lithua- Related Employee of the Year. Justina Pickard As Coach Belichiek caught a bad Coughlin! nian independence is a milestone of that na- is an Instructional Aide at Maude Saunders El- And as Tom said: ‘‘Beli-chiek-mate!’’ tion’s freedom. I commend all those of Lithua- ementary, where she has proudly served for Enjoy the off season Bill and Brady in Bos- nian heritage for their dedication to their herit- thirteen years. ton! age, their community, and their country. Mrs. Pickard found her calling for teaching For only another Super Bowl ring can this so later in life than most. When her son began help erase . . . f primary school, she volunteered in his class- But, the game is in New York next year . . . RECOGNIZING DR. SULEIMAN room and fell in love with helping children. Where the G-Force is even greater, I hear! ALIBHAI But the MVP was big E . . . Even though Mrs. Pickard already possessed Because in the moment of truth . . . E did a Business Degree, her passion for teaching not Li down! HON. JAMES P. MORAN brought her back to school so that she could Showing us why he has two MVPs and Super OF VIRGINIA earn a degree in Early Childhood Education. Bowl rings now! IN THE HOUSE OF REPRESENTATIVES Her educational background, passion for In Peyton’s Place, will he forgive? teaching, and ability to speak three languages Thursday, February 16, 2012 As two great families would so clash . . . make her among Northwest Florida’s finest The Mara’s and Kraft’s, who both stand for Mr. MORAN. Mr. Speaker, I rise today to educators. Education is more than just teach- class! honor, Dr. Suleiman Alibhai, an outstanding ing—it is about inspiring. Mrs. Pickard exem- As they all should be so proud! leader committed to helping people in North- plifies this mantra. When she teaches, Mrs. As all the TV records that were broken . . . ern Virginia improve and preserve their sight. Pickard bestows in her students that anything The largest crowd ever had so spoken! Dr. Alibhai is the recipient of this year’s Pre- is attainable and through hard work, success And as those World Champions walked off vention of Blindness Society of Metropolitan is always within reach. that field . . . Washington’s (POB) Professional Service Mrs. Pickard attributes her excellence in the You could feel the vibe, so very real! Award. In the end the Big Blue, classroom to multiple factors with most impor- Dr. Alibhai has spent the past 20 years pro- Would not be so compliant. tance accredited to her family and her church. For there is no way to curtail, viding rehabilitative services and support to in- Her dedication to the Northwest Florida Com- The heart of a Giant. dividuals with low vision in the greater Wash- munity, her family, and the First Baptist ington, DC area. He began his career as Di- Church is certainly admirable. rector of Low Vision Services at the Retina Mr. Speaker, on behalf of the United States Group of Washington and now shares his ex- Congress, I am proud to recognize Justina pertise with the National Institutes of Health’s Pickard on her achievement and contributions National Eye Institute, the Wilmer Eye Institute in the Walton County School District. My wife at the Johns Hopkins University and in his Vicki joins me in congratulating Mrs. Pickard, own private practice. Without his work, many and we wish her all the best.

VerDate Mar 15 2010 06:14 Feb 17, 2012 Jkt 019060 PO 00000 Frm 00004 Fmt 0626 Sfmt 0634 E:\CR\FM\A16FE8.011 E16FEPT1 tjames on DSK6SPTVN1PROD with REMARKS February 16, 2012 CONGRESSIONAL RECORD — Extensions of Remarks E213 PROTECTING INVESTMENT IN OIL continue to strongly support efforts to correct dict College Alumni Club #2, the Benedict Col- SHALE THE NEXT GENERATION this unnecessary and harmful attack on mass lege National Alumni Club, the Benedict Col- OF ENVIRONMENTAL, ENERGY, transit. lege Booster Club, and served as the past AND RESOURCE SECURITY ACT I urge defeat of the bill before the House. president of the Benedict College Parent Advi- We need to go back to the drawing board and sory Council. She could often be found at SPEECH OF craft a bipartisan transportation bill. Benedict College football games encouraging HON. SANDER M. LEVIN f alumni to support her beloved school ‘‘where the golden sunshine falls.’’ OF MICHIGAN TRIBUTE TO JORIE DANIELS She was a lifelong member of Bethlehem IN THE HOUSE OF REPRESENTATIVES STEADMAN Baptist Church and was actively involved in Wednesday, February 15, 2012 the Gethsemane Baptist Association Women’s The House in Committee of the Whole HON. JAMES E. CLYBURN Auxiliary and Young People’s Christian As- OF SOUTH CAROLINA House on the state of the Union had under sembly. Jorie served as the past president of consideration the bill (H.R. 3408) to set clear IN THE HOUSE OF REPRESENTATIVES the Trustee Wives Ministry, past president of rules for the development of United States Thursday, February 16, 2012 Senior Missionary Society, and past president oil shale resources, to promote shale tech- Mr. CLYBURN. Mr. Speaker, I rise today to and secretary of the Jubilee Choir. As an ac- nology research and development, and for complished musician, Jorie also served as or- other purposes: pay tribute to a constituent who was a faithful supporter, and tremendous neighbor, and a ganist and choir director in churches through- Mr. LEVIN. Mr. Chair, I rise in opposition to fantastic elementary school teacher to two of out the Midlands. She offered faithful service the surface transportation bill before the my three daughters. Mrs. Jorie Daniels Stead- at Zion Benevolent Baptist, Veighle Chapel House of Representatives this week and the man passed away on December 4, 2011, but Baptist Church, Greater St. Luke Baptist partisan and contorted process the Republican her remarkable spirit lives on in all those Church, Second Nazareth Baptist Church, and Leadership is using to ram this bill through the whose lives she touched including my own. Antioch Baptist Church. House. Jorie Daniels Steadman was a South Caro- In 1969, she married to Lee Vince Stead- For as long as I have served in the House, lina native; the daughter of the late Joe and man, with whom she shared 42 years of mar- transportation bills have always been bipar- Louckrisher Daniels. She graduated from riage. The couple had three children: LaVerne tisan. That’s because every one of our states Booker T. Washington High School in Colum- Steadman, Melita Steadman Williams, and confront unmet transportation needs, and in- bia, South Carolina and attended Benedict Lee Vince Steadman, Jr. frastructure investments are critical to jobs, College where she earned a Bachelor of Arts Mr. Speaker, I ask you and our colleagues economic growth, and competitiveness. degree in Education, with a minor in Music. to join me in celebrating the life of Jorie Dan- But this bill throws bipartisanship out the She completed a Master’s degree in Edu- iels Steadman. This ordinary citizen did ex- window. Secretary of Transportation LaHood— cation from Indiana University. She was traordinary things that impacted so many peo- himself a former Republican House Member awarded a cosmetology teaching certificate ple in her community. She was an extraor- from Illinois—recently said that this is, and I from Florida A&M University. Additional stud- dinary example of how one person can make quote, ‘‘the most partisan transportation bill ies were conducted at the University of South a tremendous difference through their service that I have ever seen.’’ Secretary LaHood also Carolina and Columbia College. to others. Jorie will be sorely missed, but her declared that this is ‘‘the worst transportation She began her 40-year teaching career at legacy lives on in each of those whose lives bill I’ve seen during 35 years of public serv- Crossroads Elementary. She also taught at she affected in a positive way. ice.’’ That’s quite an indictment coming from a Florence C. Benson, Hand Middle School, and f man who is respected on both sides of the W.G. Sanders Middle School in Columbia, aisle. South Carolina, where she taught my two HONORING DAVE WOOD: INDUCTEE Some of our constituents may be watching youngest daughters, Jennifer and Angela. She TO THE CATTLE FEEDERS HALL and wondering why Speaker BOEHNER de- also inspired students at Lemon Elementary OF FAME cided to take the transportation package and School, in Marietta, Georgia; Washington High divide it into three separate bills. The reality is School, Atlanta, GA; and Butler School, Barn- HON. JIM COSTA that the bill probably can’t pass as a single, well, South Carolina. After retirement, she OF CALIFORNIA stand-alone piece of legislation. So the Lead- guided young minds at V.V. Reid School. IN THE HOUSE OF REPRESENTATIVES ership has broken the bill into pieces that will Ms. Steadman became a licensed cos- Thursday, February 16, 2012 move separately through the House. Later, the metologist in 1952. She perfected her craft in clerk will be directed to sew all the pieces several salons before opening Jorie’s Beauty Mr. COSTA. Mr. Speaker, I rise today to back into one bill and it will be deemed Salon in 1959. Jorie had hundreds of clients recognize Mr. Dave Wood for being inducted passed without a single member of the House from professional women to pre-school chil- in to the Cattle Feeders Hall of Fame. Dave voting for it. dren. Her appointment book was always full has been a pioneer and true leader for the Today we’re considering the portion of the and she never turned customers away. Jorie Cattle Industry for the past 40 years. It is fit- bill that opens up vast swaths of the Atlantic also shared her talents in the cosmetology in- ting that a man who has dedicated his whole and Pacific Oceans, as well as the Eastern dustry by writing a weekly column, Beauty life to bettering an industry be recognized by Gulf of Mexico and the pristine Arctic Wildlife Tips, in the Palmetto Times to inspire and mo- his peers. Refuge to oil drilling. The bill also approves tivate young women to be beautiful on the in- Dave has worked for Harris Ranch since he the controversial Keystone Pipeline and there side and the outside. graduated from Cal Poly-San Luis Obispo in is not even a guarantee that any of the oil that She was a political activist in the Greenview 1970. Originally hired on as a feedyard pen it transports to the Gulf of Mexico will remain neighborhood we shared. She served on the rider, Dave quickly worked his way up to the in the country to benefit Americans. What House District 73 Development Council, the feedyard manager and then the company’s does handing out more goodies to the oil com- Farrow Terrace-Farrow Hills Community Orga- chief operating officer. In 1989, Dave was panies have to do with transportation policy? nization, and the Greenview Senior Citizens named chairman of beef operations for Harris The oil industry made record profits last year. Club. She also was a precinct worker at my Farms and has held that position ever since. They don’t need the special interest provisions home precinct at Greenview Park. Her other During his time with the company, Dave has contained in this bill. memberships included the North Columbia helped to build Harris Feed Company into the Although this portion of the transportation Civic Club, the Eau Claire Community Council, largest feeder on the West Coast and the 16th package is not before the House today, I want the Booker T. Washington Alumni Club, the largest in the Nation. Annually they finish to state my complete opposition to the provi- South Carolina Legislative Black Caucus As- about 250,000 head of cattle, with a one-time sion of the larger package that undercuts sociate, the American Association of Univer- capacity of 120,000 head. Under Dave’s lead- mass transit. This provision undermines the sity Women, the National Education Associa- ership, the company has taken great pride in very structure of the highway trust fund by tion, the South Carolina Education Associa- its animal welfare. Harris Feed Company has eliminating guaranteed funding for transit and tion, the Richland County Education Associa- invested in the installation of shade structures replacing it with monies from the general fund. tion, and the Richland County Education Asso- and automated sprinkler systems to control The loss of dedicated revenue will make it im- ciation-Retired. dust and to help keep the cattle cool. possible for public transit systems across the After retirement, Jorie devoted time to her Maintaining his unwavering devotion to ex- country to plan for long-term investments. I will alma mater. She was a member of the Bene- cellence, Dave worked to ensure that Harris

VerDate Mar 15 2010 06:14 Feb 17, 2012 Jkt 019060 PO 00000 Frm 00005 Fmt 0626 Sfmt 9920 E:\CR\FM\A16FE8.012 E16FEPT1 tjames on DSK6SPTVN1PROD with REMARKS E214 CONGRESSIONAL RECORD — Extensions of Remarks February 16, 2012 Ranch’s clients receive only the best quality HONORING DR. AARON SHIRLEY During that same year, Dr. Shirley received beef. Dave helped develop the ‘‘Partnership FOR HIS COMMITMENT TO SERV- the MacArthur Fellows Award which recog- for Quality’’ which was created in response to ICE TO THE CAUSE OF HEALTH nizes devotion, dedication, and strides made consumer demand for consistent, high-quality CARE in one’s field. He is the recipient of many out- beef. The program now consists of about 70 standing awards both locally and nationally. families, all of whom are dedicated to the HON. BENNIE G. THOMPSON Currently, Dr. Shirley serves as Chairman of highest quality genetics, management prac- OF MISSISSIPPI the Board of Directors for the Jackson Medical tices and calf process and verification strat- IN THE HOUSE OF REPRESENTATIVES Mall Foundation, Director of Community Med- egy. Individuals like Dave Woods have helped ical Services, and Associate Professor of Pe- Thursday, February 16, 2012 make America’s beef industry one of the most diatrics at the University of Mississippi. His ef- trusted in the world. Mr. THOMPSON of Mississippi. Mr. Speak- forts are focused on developing and imple- Mr. Speaker, I ask my colleagues to join me er, I rise to honor one of the original pioneers menting innovative measures to access quality in recognizing the hard work and dedication of rural and adolescent health care in the state healthcare for the uninsured and underinsured my good friend, Dave Wood, has dem- of Mississippi, Dr. Aaron Shirley. Dr. Shirley residents of Mississippi. Dr. Shirley is working onstrated over the past 40 years. His passion has always worked to provide quality and ac- closely with the State Division of Medicaid as and diligence speaks to his character and truly cessible health care for the poor and under- well as with hospitals and other not for profit exemplifies the best of what America has to served populations in the state of Mississippi. agencies to reduce health disparities for Mis- offer. I congratulate Mr. Wood for this great Dr. Shirley was born in Gluckstadt, Mis- sissippians. achievement and ask that you join me in wish- sissippi on January 3, 1933. In 1951, he His model for Hinds County is currently ing him continued success. began his undergraduate studies at Tougaloo being reviewed for possible statewide and na- f College in Tougaloo, Mississippi, where he re- tional replication, through the Robert Wood ceived his Bachelor of Science degree in Johnson’s Communities in Charge Program. In HONORING DAVID SPELLICH 1955. He received his Medical degree from 2005, Dr. Shirley was honored with the en- Meharry Medical College in Nashville, Ten- dowment of Chair for the Study of Health Dis- HON. THADDEUS G. McCOTTER nessee in 1959 and later interned at Hubbard parities at the University of Mississippi Medical OF MICHIGAN Hospital before completing his residency in Center, and he was selected to serve as a IN THE HOUSE OF REPRESENTATIVES pediatrics in 1967 at the University of Mis- member of the Citizens Health Care Working sissippi Medical Center in Jackson, Mis- Thursday, February 16, 2012 Group which was mandated by Congress to sissippi. hold hearings and community meetings across Mr. MCCOTTER. Mr. Speaker, today I rise Dr. Shirley began private practice in 1960, the country on health care coverage and cost to honor and acknowledge David Spellich and for 15 years, practiced general medicine issues, and to produce a ‘‘Health Report to the upon his retirement after 14 years of service in Vicksburg, Mississippi. From 1963 to 1967, American People.’’ with the Livonia Public Schools. he helped to organize the Mississippi Freedom Mr. Speaker, I ask that my colleagues join After graduating from Belleville High School Democratic Party and served as chairman for me in honoring Dr. Aaron Shirley for his tire- in 1970, Dave attended Eastern Michigan Uni- Warren County. Following this, Dr. Shirley was less commitment and service to the cause of versity. As often happens, he left EMU to pur- the director of the Mississippi Action for health care throughout the state of Mississippi sue gainful employment. In 1987, Dave re- Progress, an organization which provided and abroad. turned to Henry Ford Community College health care and education to children. From f where he continued his education, transferring the beginning of his career, he has been com- to Eastern Michigan to graduate with a Bach- mitted to health care in Mississippi and was a PERSONAL EXPLANATION elor of Science in 1990. pioneer in providing volunteer health services Dave began his career as an educator by to Head Start centers at a time when Head HON. XAVIER BECERRA becoming an instructor in Livonia’s Adult Edu- Start was a budding program. OF CALIFORNIA cation curriculum and went on to teach in In 1970, Dr. Shirley, along with others, de- IN THE HOUSE OF REPRESENTATIVES Ferndale, Michigan’s alternative education pro- veloped the largest community health center in Thursday, February 16, 2012 gram. He encouraged his students, most of the state of Mississippi, which now serves Mr. BECERRA. Mr. Speaker, on February whom had a difficult path to education, to be- more than 40,000 low income patients annu- 15, 2012 I was unavoidably detained and come more than they were. He organized a ally. In 1979, he initiated a comprehensive missed rollcall votes 50, 51, 52, 53, and 54. If student prepared annual Thanksgiving Day health clinic within an inner city school to pro- present, I would have voted ‘‘nay’’ on rollcall dinner to be shared with their families and vide comprehensive health and counseling votes 50 and 51, and ‘‘yea’’ on rollcall votes educators. services for teens. He placed special empha- 52, 53, and 54. In 1998, Dave became a Social Studies in- sis on reducing teenage pregnancy, sexually structor at Livonia Stevenson High School. He transmitted disease, drug abuse, teenage vio- f took on the roles of sophomore class sponsor lence, and mental health problems. This pro- 125TH ANNIVERSARY OF THE and Chair of the Social Studies Department gram has since served as a model for other TURLOCK IRRIGATION DISTRICT where he launched the AP Government pro- school-based clinics nationwide. gram in the Livonia Public Schools. Dave then Dr. Shirley’s commitment to quality health HON. JEFF DENHAM moved to Franklin High School in 2008, be- care led him to be active in the development OF CALIFORNIA coming the Student Activities Director. While and/or organization of various agencies and IN THE HOUSE OF REPRESENTATIVES serving in this capacity, he developed the projects which shared his dream of quality, af- freshman orientation/mentoring program. Re- fordable health care for all individuals. Some Thursday, February 16, 2012 turning to teach AP Government Stevenson of those agencies included Mississippi Action Mr. DENHAM. Mr. Speaker, I rise today to High School in 2010, Mr. Spellich encouraged for Progress, the Mississippi Association of acknowledge and honor the Turlock Irrigation his students to contact elected officials to bet- Community Health Care for the Poor, the District as it gets ready to celebrate its 125th ter understand the process of governing and Medgar Evers Community Health Center, the anniversary this year. legislation. Tufts Delta Health Center, and G.A. Car- Established in 1887, the Turlock Irrigation Mr. Speaker, David Spellich has faithfully michael Community Health Center. District (TID) was the first publicly owned irri- served the students of Livonia, Michigan. As Dr. Shirley has served as a member of the gation district in the state. Organized under he enters the next phase of his life with Linda, Southern Regional Council in Atlanta, Georgia, the Wright Act, the District operated as a spe- his beloved wife of 38 years and his son the Select Panel for the Promotion of Child cial district under the provisions of the Cali- Jason, perhaps he will continue to avidly travel Health, the National Health Insurance Advisory fornia Water Code. In 1893, TID and the beyond the 50 states of this great Nation, all Committee, the Institute of Medicine/National neighboring Modesto Irrigation District built La of which he has visited. He leaves behind a Academy of Sciences in Washington, D.C., Grange Dam to divert water into their canal legacy of dedication, integrity, and excellence. the Field Foundation in New York City, New systems; and in 1900, Henry Stirring was the Today, I ask my colleagues to join me in con- York, and most notably, Dr. Shirley served as first farmer to receive irrigation water from TID gratulating David Spellich upon his retirement a working group member with President Bill canals in Ceres. and recognizing his years of loyal service to Clinton’s Health Care Reform Task Force in Beginning in 1923, TID began a system of our community and country. 1993. expansion to provide electric retail energy, as

VerDate Mar 15 2010 06:14 Feb 17, 2012 Jkt 019060 PO 00000 Frm 00006 Fmt 0626 Sfmt 9920 E:\CR\FM\A16FE8.014 E16FEPT1 tjames on DSK6SPTVN1PROD with REMARKS February 16, 2012 CONGRESSIONAL RECORD — Extensions of Remarks E215 new dams and powerhouses were con- the Los Angeles City Council, where I know break further barriers as Chairman of the structed. Since then, TID has been able to he will serve the people of my home Council Democratic Caucus in 1988 and as Majority provide safe, affordable and reliable electricity District 15 and the city of Los Angeles with Whip later that year, becoming the highest- to a growing retail customer base, which has honor and distinction. We are fortunate to ranking African American ever to serve in expanded to include over 98,000 residential, have such an advocate. Congress. In May 1994, Bill served as the farm, business, industrial and municipal ac- f Special Advisor to the President on Haiti. In counts in portions of Stanislaus, Merced, that role, he assisted the President in devel- Tuolumne and Mariposa counties. 2003 was a HONORING WILLIAM H. ‘‘BILL’’ oping and carrying out policy to restore de- monumental year for TID, when they pur- GRAY, III FOR HIS COUNTLESS mocracy to Haiti, and received the Medal of chased a 225-square-mile electric service ter- CONTRIBUTIONS TO EDUCATION Honor from Haitian President Jean-Bertrand ritory from PG&E and designated it the AND THE BLACK AMERICAN Aristide in 1995. Westside Service Area. In 2005, the Turlock COMMUNITY In 1991, Bill became the president and chief Irrigation District became certified as an inde- executive officer of the United Negro College pendent control area and opened the Walnut HON. ALCEE L. HASTINGS Fund (UNCF), America’s oldest and most suc- Energy Center, a natural gas-fired plant, in OF FLORIDA cessful Black higher education assistance or- 2006. The most recent development occurred IN THE HOUSE OF REPRESENTATIVES ganization. During his tenure, he led the in 2009, when TID purchased the Tuolumne Thursday, February 16, 2012 UNCF to new fund-raising heights while in- Wind Project, a wind generation facility capa- creasing educational assistance to minority ble of producing 136.6 megawatts, and began Mr. HASTINGS of Florida. Mr. Speaker, I students and support of historically Black col- installing SMART Meters in its service area. rise today in honor of a true public servant, leges and universities. In particular, Bill spear- Currently, TID provides irrigation water to educator, community activist, spiritual leader, headed a number of bold initiatives to relocate more than 5,800 growers in a 307-square-mile and my dear friend, William H. ‘‘Bill’’ Gray, III. UNCF’s headquarters to the Northern Virginia service area that incorporates 149,500 acres For nearly five decades, Bill has served the area; develop a new technology center to link of Central Valley farmland. The Tuolumne Philadelphia community, African American UNCF offices and member colleges electroni- River is the District’s primary source of water, community, and the American people as a cally and thereby facilitate the sharing of originating at Mt. Lyell in Yosemite National whole in numerous capacities. From education scholarship and donor information; and de- Park. Water for irrigation and hydroelectric and the ministry to government and the busi- velop the Frederick D. Patterson Research In- power production is kept at Don Pedro Res- ness world, his influential leadership continues stitute to compile and analyze data on a host ervoir—about 50 miles east of Turlock in the to this day. of issues affecting African American students Sierra Nevada foothills, near the historic gold Bill was born on August 20, 1941 in Baton from kindergarten through graduate school. rush era town of La Grange. Rouge, Louisiana. He is the second child of After retiring in 2004, Bill’s contributions to On February 24, 2012, the Turlock Irrigation the late Dr. William H. Gray, Jr. and Hazel public policy were far from over. He went on District will be hosting a VIP showing of the Yates Gray, and has an older sister, Marion. to serve as Chairman of the Amani Group documentary film they helped to produced en- Bill attended Franklin and Marshall College, and, beginning in 2009, Co-Chairman of the titled, The Irrigationist: The Story of the where he earned a B.A. in 1963, and received consulting and advisory firm GrayLoeffler, Turlock Irrigation District. The documentary a master’s degree in divinity from Drew Theo- LLC. Today, Bill chairs Gray Global Strategies, will serve as an educational tool to inform peo- logical Seminary in 1966 and a master’s de- Inc., a global business consulting and govern- ple of all ages about the District’s rich history gree in theology from Princeton Theological ment affairs strategies firm. He also sits on the and is a wonderful way to involve TID cus- Seminary in 1970. He has served as a faculty board of directors for several companies, in- tomers in celebration of the District’s 125th an- member and professor of history and religion cluding Dell, Inc., JPMorgan Chase, Pfizer, niversary, which occurs on June 6, 2012. at St. Peter’s College, Jersey City State Col- and Prudential Financial. Bill’s many years of Mr. Speaker, please join me in honoring the lege, Montclair State College, Eastern Baptist public and community service have earned Turlock Irrigation District on the release of the Theological Seminary, and Temple University. him numerous awards and distinctions, such new documentary film and the upcoming The heir to a legacy of education leaders, his as the prestigious Franklin Delano Roosevelt 125th anniversary of aathis pioneering institu- father served as the president of two Black Freedom of Worship Medal. In December tion. colleges, Florida A&M University and Florida 2009, he was listed in Ebony magazine as Memorial College. Furthermore, Bill’s mother f one of the 100 ‘‘Most Important Blacks in the was a dean of Southern University and his World in the 20th Century.’’ Additionally, Bill CONGRATULATING grandfather a professor at another historically has also been awarded more than 65 hon- COUNCILMEMBER JOE BUSCAINO Black college. orary degrees from America’s leading colleges Hailing from a family of ministers as well as and universities. HON. JANICE HAHN educators, Bill began his service in the min- Mr. Speaker, as we celebrate Black History OF CALIFORNIA istry in 1964, when he pastored his first Month, it is my distinct honor and privilege to IN THE HOUSE OF REPRESENTATIVES church, the Union Baptist Church of Montclair, recognize one of our own, former Congress- New Jersey. For 35 years, he was pastor of Thursday, February 16, 2012 man Bill Gray, for his tireless dedication to ad- the 5,000-member Bright Hope Baptist Church vancing education and opportunity in this Ms. HAHN. Mr. Speaker, I rise to applaud in Philadelphia, as were his father and grand- country. His pioneering efforts have paved the the swearing in of my hometown’s newest Los father before him since 1925. In 1970, Bill be- way for future generations of American gov- Angeles City Councilmember—Joe Buscaino. came a community activist while living in ernment, business, and community leaders. A native son of San Pedro and a first-gen- Montclair, after winning a housing discrimina- Bill’s leadership and strength of character are eration Italian-American, Councilman Buscaino tion suit against a landlord who denied him an a true inspiration to us all. I am so pleased to learned at an early age the importance of hard apartment because of his race. He founded pay tribute to my dear friend, and wish him work, family, community and service. His dedi- the non-profit Union Housing Corporation in great success for many years to come. cation to these values led him to the Los An- Montclair to build affordable homes for low- f geles Police Department, where he protected and moderate-income tenants and co-founded and served the community he loves so well for the Philadelphia Mortgage Plan, an organiza- HONORING THE NAI almost 15 years. tion that helped people in low-income commu- There he created the LAPD’s first Teen nities obtain mortgages. In 1971, he married HON. KATHY CASTOR Community Police Advisory board, a program Andrea Dash, a marketing consultant. They OF FLORIDA breaking down barriers between teens and the raised three sons: William IV, Justin, and An- IN THE HOUSE OF REPRESENTATIVES police by bringing youth’s perspectives on drew. problem solving to the police department. The From 1979 to 1991, Bill served in the U.S. Thursday, February 16, 2012 program has since been expanded to the House of Representatives. During his 12 years Ms. CASTOR of Florida. Mr. Speaker, I rise whole city—and I am confident this will not be in Congress, he remained a staunch supporter today to acknowledge the accomplishments of the last innovative initiative he has to share of education. As the first African American to the National Academy of Inventors, NAI. The with the City of Angels. chair the House Budget Committee in 1985, NAI was founded at the University of South Now Councilman Buscaino’s commitment to Bill was a leading advocate for strengthening Florida, USF, in 2010, and has since become public service has led him to the chambers of America’s education system. He went on to an institution that recognizes researchers who

VerDate Mar 15 2010 06:14 Feb 17, 2012 Jkt 019060 PO 00000 Frm 00007 Fmt 0626 Sfmt 9920 E:\CR\FM\A16FE8.018 E16FEPT1 tjames on DSK6SPTVN1PROD with REMARKS E216 CONGRESSIONAL RECORD — Extensions of Remarks February 16, 2012 translate their findings into inventions that may band Steve; Rooney and his wife Claire; Lisa ture students. Mrs. Lindsay was also chosen benefit society. To date there are more than and her husband Rory; Laura and her hus- to serve as one of three members on a com- 500 members in the NAI, each being awarded band Mark; Mark and his wife Elizabeth; and mittee responsible for planning the opening of a patent by the United States Patent and Michele, who died on October 12, 2011, and a new elementary school, where she was later Trademark Office. her husband Patrick. He adored his 18 grand- selected as their Teacher of the Year. The NAI provides a valuable role in the children and two great grand-daughters, and is The importance of teachers is translation of science and technology within also survived by his sister Jeanne and sister- unquantifiable. Each and every teacher should the university community, and for the benefit in-law Joan. be commended for their commitment to our of society. It serves to promote creative think- Mr. Speaker, I ask my colleagues to join me nation’s future. Mrs. Lindsay has proven to be ing and originality, encourage the development in extending our sincere condolences to the among the many exceptional teachers in our and utilization of inventions, and offer guid- family of Howard Daschbach Jr., and to all nation. To be selected as Teacher of the Year, ance to new and existing inventor’s efforts. those who were privileged to know and love chosen from a large pool of extremely quali- Moreover, the NAI has assisted in awarding him. He was a wise and good man whom I fied applicants, is a reflection of Mrs. Lindsay’s hundreds of successful patents for universities was proud to call my friend and neighbor. Our tremendous work ethic and steadfast dedica- around the world. country was blessed with his service, strength- tion to the students of Northwest Florida. More specifically, USF has progressed into ened by his faith, and bettered by his devotion Mr. Speaker, on behalf of the United States a leading research university with important to his family, his community and his country. Congress, I am privileged to recognize Randella Lindsay for her accomplishments economic ties to the Tampa Bay community f and Florida. The aptitude of the faculty, staff and her continuing commitment to excellence and students are the fundamental components RECOGNIZING RANDELLA LINDSAY at Mossy Head Elementary School and in the that drive USF’s research initiatives. USF lists AS THE 2013 WALTON COUNTY, Walton County School District. My wife Vicki among 14 universities in the top 300 organiza- FLORIDA SCHOOL TEACHER OF joins me in congratulating Mrs. Lindsay, and tions to receive patents from the U.S. Patent THE YEAR we wish her all the best. and Trademark Office in 2010 with 83 patents f awarded. HON. JEFF MILLER ZERO G AND I FEEL FINE Innovation, based on new inventions and OF FLORIDA technologies, has proven to be a key factor in IN THE HOUSE OF REPRESENTATIVES HON. TIM RYAN the industrial and economic development of Thursday, February 16, 2012 OF OHIO the world. The support, encouragement and IN THE HOUSE OF REPRESENTATIVES development of technology and innovation are Mr. MILLER of Florida. Mr. Speaker, I rise also fundamental to the success of a univer- today to recognize Mrs. Randella Lindsay as Thursday, February 16, 2012 sity, non-profit research organization or federal the 2013 Walton County, Florida School Mr. RYAN of Ohio. Mr. Speaker, a long time research institute. Furthermore, in addition to Teacher of the Year. For more than 38 years, ago in a galaxy far, far away, a world watched submitting this record, I am honored to intro- Mrs. Lindsay has served the students of as a lone American sat inside a small capsule duce a House Joint Resolution recognizing the Northwest Florida, inspiring them to strive for on top of an Atlas rocket waiting for blast off. significance of the NAI. excellence. I am honored to recognize her Fifty years ago, after several disappointing achievements. f and discouraging postponements, all systems Teachers are amongst our nation’s most were ‘‘GO’’ at Cape Canaveral’s launch pad A TRIBUTE IN HONOR OF THE valuable public servants. They are responsible 14, the weather clear, and the countdown LIFE OF HOWARD M. for mentoring our students and ensuring that pounded as the voice of Astronaut Scott Car- DASCHBACH, JR. our next generation emerges ready to lead our penter at Mission Control wished—‘‘Godspeed nation in the future. Mrs. Lindsay’s assiduous John Glenn.’’ HON. ANNA G. ESHOO work and unbridled enthusiasm for her profes- Friendship 7 lifted off with 360,000 pounds OF CALIFORNIA sion exemplify the characteristics of a suc- of thrust on its mission to put a man into Earth IN THE HOUSE OF REPRESENTATIVES cessful teacher. Today, Mrs. Lindsay ap- orbit, observe his reactions in space and safe- proaches the challenge of teaching with the ly return to Earth. It was the third Project Mer- Thursday, February 16, 2012 same energy and excitement that she has har- cury manned mission and the first orbital flight. Ms. ESHOO. Mr. Speaker, I rise today to nessed since she stepped into the classroom People around the world stopped and held honor the life and work of a good friend and in 1973. Her enthusiasm and dedication to her their breath. Glenn felt six times the force of neighbor, and a highly respected member of students fosters an atmosphere of success, gravity on lift off and then once in space, we our community, Howard M. Daschbach, Jr., where individual students can pursue their heard his voice crackling over the radio, who died on February 9, 2012, at the age of education goals at their own pace. ‘‘Zero-g and I feel fine.’’ ‘‘Capsule is turning 87. Mrs. Lindsay clearly understands the impor- around. Oh! That view is tremendous!’’ The Howard was a man of deep and abiding tant position that teachers serve as role mod- space race had begun in 1957 with Sputnik, faith. He was installed as a Knight of Malta in els for their students. Being a role model de- the sinister Soviet satellite that propelled 1982, and a member of Saint Raymond’s mands an incontrovertible commitment to pro- America into the new space age. Caught from Church in Menlo Park, California, where he fessionalism in all aspects of life. Mrs. Lindsay behind, the U.S. scrambled to catch up. The was seen daily, attending Mass. He had a treats her students, their parents, faculty, and first federal college loans were established special devotion to the Religious of the Sacred staff with the utmost respect. She also under- under the National Defense Education Act of Heart who educated his children, and his Faith stands the importance of mentoring young 1958 and federal support for basic research carried him through good times as well as dif- teachers and always seeks to help young peo- and development and the space program dra- ficult times. ple interested in pursuing a career in teaching. matically increased. Howard grew up in Pittsburgh, Pennsyl- By sharing her years of wisdom and experi- NASA was reorganized from the National vania, graduated from Duquesne University, ence with all of her fellow colleagues, Mrs. Advisory Committee for Aeronautics (NACA) in and served his country proudly during World Lindsay improves the quality of her own class- 1958 and began the manned space program. War II. He served with the Army in Europe, room, as well as the entire school. In 1959, NASA selected 7 military test pilots to the Philippines and Japan, and then moved to Throughout her career, Mrs. Lindsay has fly in space with Project Mercury. In 1961, So- California to attend Stanford Law School. been selected to serve in important roles in viet Cosmonaut Yuri Gagarin became the first Upon graduation, Howard embarked upon his both her school and her school district. In man to orbit the Earth. America was on a mis- lifelong career of serving the legal needs of 1983, while teaching Florida History as part of sion. The Nation focused in a united cause, hundreds of people. her 4th grade curriculum in Okaloosa County, identified the challenge, built and organized a Howard was a member of the Circus Club Florida, Mrs. Lindsay recognized that the plan for that challenge, and rose to meet it. and the Serra Club. He was an avid tennis state’s Florida studies program did not include We pulled together. A collection of scientists, player, an ardent Giants fan and a winning any information on Okaloosa County. Over the soldiers, and contractors, with tremendous dominos player. next two years, she worked with two of her public support welded together a national pro- Howard and his beloved wife of 59 years, colleagues to research the history of Okaloosa gram without an established infrastructure that Leonore, who survives him, were the proud County, and they produced a work book to would later become the Kennedy Space Cen- and devoted parents of LeeLee and her hus- supplement the Florida History course for fu- ter and the Johnson Space Center. Flight tests

VerDate Mar 15 2010 06:14 Feb 17, 2012 Jkt 019060 PO 00000 Frm 00008 Fmt 0626 Sfmt 9920 E:\CR\FM\A16FE8.021 E16FEPT1 tjames on DSK6SPTVN1PROD with REMARKS February 16, 2012 CONGRESSIONAL RECORD — Extensions of Remarks E217 and training occurred at Langley, Virginia, the their 2000th victory, becoming only the second and, in 2001, SCFL was recognized as one of space capsule was built by McDonnell Doug- team in Illinois and the third in the country to the first fourteen central labor councils in the las in St. Louis, rocket development at Hunts- reach this great milestone. nation to fully achieve the goals of the AFL- ville, Alabama, medical examinations at the This achievement is the result of the com- CIO Union City program. As a member of the Lovelace Clinic in Albuquerque, New Mexico, bined efforts of more than one hundred years Union City program, SCFL advocates on be- and Wright Patterson Air Force Base in Day- of Collinsville players, coaches, and families. half of both unionized and non-unionized ton, Ohio, the Altas rocket was built by Gen- These are today’s Collinsville Kahoks: Jaris workers to make our community one that pro- eral Dynamics in San Diego, and rocket Wellmaker, J’Vaughn Williams, Jacob Shaffer, vides a living wage and good benefits. Jim launches occurred at Cape Canaveral, Florida. Falando Wilkinson, Briley Kellison, Jared also helped expand the role of SCFL by forg- Tom Wolfe described the astronauts in ‘‘The Blasingame, Chris Mathes, Devonta Crochrell, ing new partnerships with existing labor Right Stuff’’ as if they were single combat war- Daryn Foster, Jason Kusnerick, Travis groups like Madison Teachers Inc. (MTI) and riors, our best against their best and they were Dunnette, Tanner Houck, Caleb Johnson, reaching out to underserved counties. worshiped as heroes even before the battle for Sean Davis, Kelyn Conner, and Coaches Jim cherishes the value of education and they were sure to die. With a successful Darin Lee and Eric Anderson. understands the need for a highly educated splashdown off Gran Turk Island, John Glenn These players and coaches have proven workforce. To help bridge the gap between in Friendship 7 had reached speeds of over beyond a doubt that they can uphold our tradi- labor and education, Jim began a vital rela- 18,000 miles an hour, and in 4 hours 55 min- tion of success, a tradition forged by past tionship with the University of Wisconsin-Madi- utes and 23 seconds became the first Amer- players such as Bob Bone, who set the all- son’s Student Labor Action Coalition (SLAC). ican to orbit the Earth and rocketed the Nation time scoring record at the University of Mis- For fifteen years, Jim also served on Madison back into the space race and took a vital step souri-St. Louis and also coached the Kahoks College’s (MATC) board in various capacities on man’s journey to the moon. The Post Of- for twenty years, and other players such as and was even nominated for the statewide fice issued the first stamp depicting a manned Kevin Stallings, who went on to play at Purdue Board Member of the Year award in 2008. Jim spacecraft. Sales of Tang, the orange flavored and now serves as head coach at Vanderbilt always recognized that a better educated powdered soft drink, went through the roof University. workforce and community was directly cor- when advertised as first used by Astronaut But the one man most responsible for our related to a strong labor movement. John Glenn. The number one song was ‘‘Duke tradition of excellence was the legendary Furthermore, Jim worked to strengthen the of Earl’’ by Gene Chandler—West Side Story coach of the Kahoks for thirty-three years, the local labor community by emphasizing the im- was playing in theaters. A television situation late Vergil Fletcher. In his tenure, Coach portance of building labor’s diversity. In 1999, comedy, ‘‘I Dream of Jeannie’’ with Barbara Fletcher amassed 747 victories, leading the Jim began outreach to a plethora of faith- Eden and Astronaut Larry Hagman was soon team to twenty conference championships and based communities which eventually led to the on the air. two State titles, one of which included an creation of the Interfaith Coalition for Worker John Glenn’s incomparable life of service undefeated season. Coach Fletcher was an Justice (ICWJ). And as an early and staunch began as a Marine Corps fighter pilot flying excellent coach and an exemplary role model, supporter of the immigrant worker movement, the F4U Corsair in the South Pacific in World and we can only imagine how proud he would Jim successfully organized and fought back War II and the F9F Panther and F–86 Sabre- be today. May we all find the same measure after two dozen Latino custodians were fired jet in Korea. In 1957, as part of Project Bullet, of success. over questions related to their immigration sta- he made the first supersonic transcontinental And so once more I congratulate my Col- tus, helping to secure a significant settlement flight from California to New York in an F8U linsville Kahoks, and I extend my gratitude to for the workers. Crusader. In 1974 he became a U.S. Senator all those who helped make this achievement From advocating for an increased minimum from Ohio and served for 24 years. In 1997, possible. I wish them continued good fortune wage to organizing and mobilizing union vot- John Glenn announced his retirement from the in their future endeavors. ers, it is nearly impossible to mention every- Senate stating that there was no cure for the f thing Jim has accomplished in the past 25 common birthday. Nonetheless, in 1998, he years; it is even harder to overstate the posi- returned to space aboard the Space Shuttle HONORING THE RETIREMENT OF tive impact he has had on our community. It Discovery STS–95 at age 77 to study the ef- MR. JIM CAVANAUGH is without a doubt that Jim’s work has bettered fects of space flight on seniors. He worked to the lives of countless workers in Wisconsin, establish the John Glenn School of Public Af- HON. TAMMY BALDWIN the Midwest, and across our great nation. fairs at the Ohio State University and he OF WISCONSIN Today, we join together in solidarity to honor served as Chairman of the National Commis- IN THE HOUSE OF REPRESENTATIVES Mr. Jim Cavanaugh for his 25 years of fear- less leadership of the South Central Federa- sion on Math and Science Teaching for the Thursday, February 16, 2012 21st Century. Recently, he and Astronauts tion of Labor. May Jim’s unwavering dedica- Neil Armstrong, Buzz Aldrin, and Michael Col- Ms. BALDWIN. Mr. Speaker, I rise today to tion, vision, and lifelong commitment to work- lins were awarded the Congressional Gold honor the career and achievements of Mr. Jim er’s rights serve as an inspiration for all of us. Medal. Cavanaugh, President of the South Central f Project Mercury, followed by Projects Gem- Federation of Labor (SCFL), as he retires from his esteemed position after 25 years of serv- PROTECTING INVESTMENT IN OIL ini and Apollo, were the stepping stones to ex- SHALE THE NEXT GENERATION traordinary and monumental accomplishment. ice. For the past three decades, Jim Cavanaugh OF ENVIRONMENTAL, ENERGY, America began a new age that day 50 years AND RESOURCE SECURITY ACT ago and we were all together. John Glenn, a has guided the local progressive labor movement with an unwavering hand. Jim’s tenure is hero in war, a hero in peace, remains an SPEECH OF American hero and legend in our hearts. Once underscored with victories, such as the strike upon a time he helped unify a Nation and led for sick pay against Aramark Laundry in 1999, HON. FORTNEY PETE STARK us into the future. Congratulations to John and and his place in labor’s history was solidified OF CALIFORNIA Annie Glenn. this month one year ago, when he worked tire- IN THE HOUSE OF REPRESENTATIVES lessly to help unite hundreds of thousands of f Wednesday, February 15, 2012 Wisconsinites in solidarity against the repeal The House in Committee of the Whole KAHOKS’ 2000 WINS of collective bargaining rights. His ability to House on the state of the Union had under rise above petty disputes and remain focused consideration in the bill (H.R. 3408) to set HON. JOHN SHIMKUS on the task at hand resulted in a tremendously clear rules for the development of United OF ILLINOIS successful career. States oil shale resources, to promote shale technology research and development, and IN THE HOUSE OF REPRESENTATIVES As President of SCFL, an organization for labor unions in Dane, Dodge, Sauk, Columbia, for other purposes: Thursday, February 16, 2012 Jefferson and Iowa counties that represents Mr. STARK. Mr. Chair, I rise in opposition to Mr. SHIMKUS. Mr. Speaker, I proudly rise over 100 labor organizations and more than H.R. 3408, the so-called ‘‘PIONEERS Act.’’ today to honor the achievement of the boys 45,000 workers, Jim helped bring the strug- The Republican majority is bringing this bill to basketball team from my high school and gles of Midwest workers to the forefront of po- the floor under a procedural charade that has hometown, my Collinsville Kahoks. On Janu- litical discussions. Jim recognized the impor- us voting on three separate bills that will magi- ary 21st of this year, the Kahoks recorded tance of advocating on behalf of all workers cally become a transportation bill at some

VerDate Mar 15 2010 06:14 Feb 17, 2012 Jkt 019060 PO 00000 Frm 00009 Fmt 0626 Sfmt 9920 E:\CR\FM\K16FE8.005 E16FEPT1 tjames on DSK6SPTVN1PROD with REMARKS E218 CONGRESSIONAL RECORD — Extensions of Remarks February 16, 2012 point in the future when the Speaker is able to education programs. The school has also I have always believed that loaded weapons twist enough arms to pass the other pieces. done a tremendous job of offering job-relevant have absolutely no place in our national parks, An obvious question to ask about H.R. 3408 degrees and certificate programs. NICC part- which are natural sanctuaries and some of the is: what does it have to do with transportation? ners with local businesses to determine what last sacred spaces in our country. Last month Not much. Although this bill is a grab bag of jobs need to be filled. The school then offers Margaret Anderson, a park ranger in Mount goodies for the oil and gas industry, it will do certificate programs for the jobs that have the Rainier National Park in Washington, executed virtually nothing to repair our crumbling roads most demand, such as welding. This approach a routine traffic stop in an effort to ensure that and bridges. has been a tremendous success that has put a driver was driving safely. The mentally un- The legislation requires drilling off the coast many people back to work in Northeast Iowa. stable driver then shot and killed the park of Southern California and overrides current In selecting their top ten finalists, the Aspen ranger. This brave public servant was a wife law to forbid the State of California from Institute looked for community colleges that and mother of two young children. My heart haying any input into where, when, and how were meeting the demands of today’s work- goes out to her grieving family. We have too the drilling will occur. So much for states’ force while educating and graduating their stu- many guns in American society, and too many rights. In their drive to hand out drilling leases dents in a timely fashion. NICC easily met needless gun-related deaths. As Americans to oil companies, Republicans are preventing these criteria. The Aspen Institute, a non-par- we rightly pride ourselves on the progress we my constituents in California from having any tisan think tank, is highly regarded as a na- have made over the decades in science, in say on an issue that could have profound con- tional leader in identifying successful edu- civil liberties, and our standard of living in gen- sequences on our state’s economy and envi- cation models around the country and the eral. But rolling back sensible and appropriate ronment. world. public-safety rules is not progress. I am proud In the unlikely event that this bill becomes NICC has and will continue to provide valu- that this bill is endorsed by several well re- law, the Arctic National Wildlife Refuge would able education opportunities for my constitu- spected national and state-level groups that be opened to oil drilling and the Keystone XL ents in Northeast Iowa. I’m proud to have have worked for years on ending gun vio- tar sands pipeline will be approved despite the NICC in my district and congratulate them on lence: The Brady Campaign to Prevent Gun fact that the President found the pipeline is not this important achievement. Violence, Ceasefire Washington, the Coalition in the national interest. This legislation also f to Stop Gun Violence, and the Violence Policy mandates oil shale production on millions of Center. acres of taxpayer owned lands in the West OUR UNCONSCIONABLE NATIONAL f without environmental review. Producing oil DEBT HONORING THE MONROEVILLE from oil shale is an unproven process that re- JUNIOR HIGH ROBOTICS TEAM quires massive amounts of water and energy HON. MIKE COFFMAN and produces equally massive amounts of OF COLORADO HON. JO BONNER waste. That’s why the Obama Administration IN THE HOUSE OF REPRESENTATIVES continues to study the process and conduct OF ALABAMA Thursday, February 16, 2012 research and development on the feasibility of IN THE HOUSE OF REPRESENTATIVES oil shale extraction prior to opening up federal Mr. COFFMAN of Colorado. Mr. Speaker, Thursday, February 16, 2012 lands. Instead of following this reasonable ap- on January 26, 1995, when the last attempt at Mr. BONNER. Mr. Speaker, I am pleased to proach, Republicans are ignoring science and a balanced budget amendment passed the shine the spotlight on a talented and dedi- pushing ahead. House by a bipartisan vote of 300–132, the cated group of young people from Southwest Republican leaders claim that all of this new national debt was $4,801,405,175,294.28. Alabama whose hard work and ingenuity have drilling might raise some money in the future Today, it is $15,391,735,627,010.18. We’ve garnered them much-deserved national rec- that can then pay for transportation projects. added $10,590,330,451,715.90 dollars to our ognition. Instead of relying on fictional revenues, we debt in 16 years. This is $10 trillion in debt our On February, 7, 2012, students from Mon- could simply end the $4 billion in yearly tax Nation, our economy, and our children could roeville Junior High School’s robotics team subsidies that the big oil companies enjoy. have avoided with a balanced budget amend- participated in the second annual White House These companies raked in $137 billion in prof- ment. Presidential Science Fair where they person- its last year, yet taxpayers are still forced to f ally demonstrated their robotic creations for subsidize them. Let’s end those handouts to INTRODUCTION OF THE GUNS- President Obama. From all reports, the Presi- pay for transportation projects not provide yet FREE NATIONAL PARKS ACT OF dent was duely impressed. more giveaways to the oil industry. Monroeville Junior High was the only Ala- 2012 I urge all my colleagues to vote against this bama school and the only BEST school robot- dirty energy bill. ics team to receive an invitation to this pres- f HON. JIM McDERMOTT tigious national event. OF WASHINGTON Monroeville Junior High is one of 24 Ala- CONGRATULATING NORTHEAST IN THE HOUSE OF REPRESENTATIVES bama schools currently participating in the IOWA COMMUNITY COLLEGE Thursday, February 16, 2012 Boosting Engineering Science and Technology (BEST) program, which introduces students to HON. BRUCE L. BRALEY Mr. MCDERMOTT. Mr. Speaker, I rise today engineering and technology and teaches the OF IOWA to introduce a firearms bill that will restore a skills needed for today’s high-tech workforce. IN THE HOUSE OF REPRESENTATIVES common-sense rule in our national parks. Monroeville Junior High has also competed Hundreds of millions of people from across the in the Great Freight Robotics Challenge bring- Thursday, February 16, 2012 country and abroad have visited our world-fa- ing home many awards including the 1st Place Mr. BRALEY of Iowa. Mr. Speaker, I rise mous national parks. Before 2009, visitors Five Star Award (overall winner). They also today to congratulate Northeastern Iowa Com- could enjoy our national parks knowing that competed in the Jubilee BEST Robotics Com- munity College (NICC) in my district. NICC they were free of loaded guns, thanks to a petition in Mobile, winning several awards and was recently named one of the top ten com- common-sense policy providing that guns qualifying to advance to South’s BEST Re- munity colleges in the country by the Aspen were not to be brought into national parks un- gional Competition hosted by Auburn Univer- Institute. This recognition is a high honor and less they were unloaded and safely stored. sity. At that event, the team brought home the speaks well to the education service that In fact, this common-sense regulation was 3rd Place Engineering Notebook Award out of NICC provides in Northeast Iowa. enacted by the Reagan Administration. But in 50 champion teams from across the eastern NICC’s success stems from the wide array 2009, Congress passed the Coburn Amend- half of the country. of education opportunities that are offered by ment, allowing people to carry concealed load- After their visit to the White House last the school. The school does an incredible job ed weapons into national parks if it is permis- week, the students arrived on Capitol Hill with identifying the career goals of each of sible under state law—and many states allow where it was my honor to personally welcome their students. Many of their students will re- just that. I believe that the 2009 Coburn them and talk to them about their achieve- ceive a degree then transfer to a four-year col- Amendment was a huge step in the wrong di- ments. These students have proven that age lege or university, while others will enter the rection. That is why I am introducing the is no limitation to teamwork and success. workforce after graduation. NICC offers de- Guns-Free National Parks Act of 2012—to re- A special congratulations goes to each of gree programs in nursing and other technical peal it. the Monroeville Junior High robotics team

VerDate Mar 15 2010 06:14 Feb 17, 2012 Jkt 019060 PO 00000 Frm 00010 Fmt 0626 Sfmt 9920 E:\CR\FM\A16FE8.024 E16FEPT1 tjames on DSK6SPTVN1PROD with REMARKS February 16, 2012 CONGRESSIONAL RECORD — Extensions of Remarks E219 members: Morgan Ard, Sarah Baker In 1997, again on Christmas Eve, Tim and TRIBUTE TO PHILIP GIBBS GROSE, Barnhardt, Andrew Cahill, Laken Cole, Tiara Terri started brainstorming about ways to get JR. Dean, Jessica Feaster, Lindsay James, Kaitlyn customers into the bakery during the January Johnson, Octavia Johnson, Terrance Johnson, ‘‘slow season.’’ After much discussion with HON. JAMES E. CLYBURN Ellissa Kidd, Jadarrius Kidd, Robert Knight, family and friends, Tim proposed to host an OF SOUTH CAROLINA Maggie Ray, Jada Robbins, Desmond Ste- old-fashioned Polish wedding (aka The Paczki IN THE HOUSE OF REPRESENTATIVES vens, and Titus Walker. On behalf of the people of Alabama, a job Ball) just before Lent. Naysayers told Tim he Thursday, February 16, 2012 well done, Monroeville Junior High! could never organize this type of feast in 6- Mr. CLYBURN. Mr. Speaker, I rise today to f weeks time, but he set out to prove them pay tribute to a great public servant, author wrong. With a few ads on local radio stations and dear friend. Philip Gibbs Grose lost his IN HONOR OF TIM KIEDROWSKI WEOL and WOBL as well as word-of-mouth, three year battle with leukemia on February 3, WHO FOR DECADES HAS WORKED 2012. This South Carolina native contributed TO PRESERVE AND CELEBRATE Tim and Terri hoped to sell 100 tickets to the first Paczki Ball in 1998, held at the Knights of to his beloved State’s history through his work POLISH CULTURE AND HERIT- in public policy and helped to preserve its his- AGE Columbus Hall in Lorain. Party-goers quickly lined up at the door, and after 150 tickets tory through his writings about the people who influenced the times in which he lived. HON. MARCY KAPTUR were sold, the remaining guests had to be Phil was born in Greenville, SC to Philip G. OF OHIO turned away. Karol Kiedrowski Peltz was Grose, Sr., and Helen Layne Thompson Grose IN THE HOUSE OF REPRESENTATIVES crowned the first Paczki Ball Queen. Joseph on April 5, 1938. He was raised in Charlotte Thursday, February 16, 2012 Girz, Terri’s father and well-known as ‘‘Dough- and was a 1960 graduate of Washington and Ms. KAPTUR. Mr. Speaker, entrepreneur boy Joe’’ (and the inspiration for the Lee University. He did graduate work at the Tim Kiedrowski grew up in Lorain, Ohio and is Kiedrowski logo) was crowned the first Paczki University of South Carolina and received an a proud 1973 graduate of Admiral King High Ball King. honorary doctorate of letters from Francis Mar- ion University. School, named for Fleet Admiral Ernest J. The Paczki Ball was moved to Lorain King, a Lorain native and Chief of Naval Oper- Phil began reporting sports results to the Catholic High School in 1999, a larger venue, Charlotte Observer in junior high school and ations during WWII. Tim was a drummer in the and 375 tickets were sold. In 2002, the event Admiral King (HS) Admirals band, as well as went on to write for the Observer during high moved to DeLuca’s Place in the Park, a large in numerous local rock-n-roll bands. school and college. He joined the staff fulltime Shortly after his high school graduation, in party center owned by Tim’s former boss, after graduating from Washington and Lee, search of employment, Tim was hired by Leonard DeLuca. In 2003, the production of covering sports and general news. In 1963, Leonard DeLuca, the owner of DeLuca’s Bak- paczki as well as the Paczki Ball were after a year in New York as a writer for Broad- ery in Downtown Lorain. Len soon entrusted videotaped by Army Armstrong for a film that casting Magazine, Phil came to Columbia join- Tim with the responsibility of opening the bak- would debut the following year. In this same ing the sports staff of The State. He went on ery every morning to start the preparation of year, new entertainment was added at the to become business editor and governmental baked goods for the day. Tim continued to ball, the ‘‘Presentation of the Paczkis’’, was affairs editor before leaving his newspaper career to enter the political arena. work at DeLuca’s Bakery until 1975 and con- the hit of the party, and continues to this day. In 1968, Phil became a speechwriter for tinued playing drums in area bands. In 2011, Kiedrowski’s Bakery sold over 50,000 Tim married his sweetheart, Terri Girz in Governor Robert McNair. It was a tumultuous 1977, and wanting more job security, he be- paczkis during the Lenten season. time in South Carolina at the height of the civil came a welder for P.C. Campana, Inc. in 1975 Life is never easy as a bakery owner. Tim rights movement. Phil was greatly affected by until 1981. A downturn in the local economy and Terri had four boys: Matthew, Mark, Mi- the times, and, from his role behind the caused many layoffs, and Tim was one of the chael and Timmy, and there were nights that scenes, began pushing for South Carolina to casualties. Terri continued her work as an OB- the boys did their homework and slept at the break the bonds of its Jim Crow past. He con- GYN Registered Nurse at St. Joseph Hospital bakery while their parents did ‘‘prep work’’ for tinued those efforts when he joined the staff of Governor McNair’s successor, John Carl in Lorain, and Tim became ‘Mr. Mom’ for their the next day’s business. Terri became a self- family for the next 2 years. West, as executive assistant for communica- taught cake decorator, working on birthday, On Christmas Eve, 1983, Tim was hired as tions and race relations. One of the first ac- a baker at the Simply Delicious Bakery in graduation and wedding cakes at night after tions he persuaded Governor West to take Downtown Amherst, Ohio. Tim enjoyed his re- her shift was done at the hospital. Proud of was to hire a young man named JAMES CLY- turn to the ‘‘dough business’’, but 1 month into their Catholic upbringing, Tim and Terri sent BURN to serve as the first African American the job, the owner of the bakery declared their boys to St. Anthony’s elementary school advisor to a sitting South Carolina governor. bankruptcy and asked Tim if he wanted to be- followed by Lorain Catholic High School. Tim The year was 1971, and since that time Phil come chief cook and bottlewasher. Never never had the opportunity to go to college, but and I were fast friends. afraid of a challenge, Tim and Terri took out encouraged his sons to further their education. Phil went on to hold other positions in state a small business loan to buy the bakery. Each of the boys went on to college to earn government as deputy director of the Depart- ment of Social Services and executive director Proud of their Polish heritage, the name was their respective degrees. officially changed to Kiedrowski’s Simply Deli- of the State Reorganization Commission. He cious Bakery as of November, 1984. They re- At the beginning of the Lenten season in was founder and executive director of the Ex- mained in Downtown Amherst for 11 years. 2011, Tim was notified that he was a finalist ecutive Institute that provided leadership train- Accidents can be disastrous in a bakery, but for the first-ever ‘‘Best Bakery in America’’ on- ing for state government administrators, and I the ‘‘snoogle accident’’ was a welcome one for line contest, sponsored by Baking Buyer Mag- was one of his first recruits and graduated the Kiedrowski’s. Late one evening in the bak- azine and Dawn Foods. With creative brain- from the Executive Institute when I was serv- ery, Tim was preparing Ladylocks and Terri storming over the course of 6 weeks, ing as South Carolina Human Affairs Commis- was working on a batch of cheese Danish. Kiedrowski’s Simply Delicious Bakery was de- sioner. After retiring from state government, Phil be- With leftover ingredients, these two happy clared the winner, with more than 50 percent bakers set out to create something new. A lit- came a senior fellow at the University of South of the votes cast. Tim remarked that all of his tle of this, a little of that, and voila!, the Carolina’s Institute for Southern Studies, Snoogle was born. These airy, cheese-filled years of hard work provided him with his hon- where he wrote about subjects he knew well concoctions have become Kiedrowski’s big- orary ‘‘Degree of Baking’’, but the Best Bakery and about which was very passionate—the gest seller, and in April, 2011, they were in America Award provided him with the vali- governorships of Robert McNair and John awarded a patent for the Snoogle®. It is not dation. West. ‘‘South Carolina at the Brink: Robert unusual for the bakery to sell 100 dozen over Kiedrowski’s has celebrated its Polish herit- McNair and the Politics of Civil Rights’’ and the course of a weekend. age for 28 years through baking, and plans to ‘‘Looking for Utopia: The Life and Times of In 1994, Tim and his crew packed up the John C. West’’ offered great insights into share their delicious pastries for many years mixers, ovens and all of the baking ingredients these complicated men and the their contribu- and moved into their current location at 2267 to come as they sweeten America’s palate as tions to South Carolina’s rich history. He had Cooper Foster Park Road in Amherst. America’s Best Bakery. recently begun work on a history of Francis

VerDate Mar 15 2010 06:14 Feb 17, 2012 Jkt 019060 PO 00000 Frm 00011 Fmt 0626 Sfmt 9920 E:\CR\FM\A16FE8.027 E16FEPT1 tjames on DSK6SPTVN1PROD with REMARKS E220 CONGRESSIONAL RECORD — Extensions of Remarks February 16, 2012 Marion University in Florence, South Carolina. in the European Theater. This unit became made contact with the 121 men of the 141st Phil and I had also been collaborating on my known as the Purple Heart Battalion due to its Texas Regiment (Lost Battalion); PFC Tom memoir for several years. He was a member high casualty rate. With these Japanese- Uyeoka of Salinas (522nd Field Artillery Bat- of my inner circle who knew my experiences Americans setting the example, the War De- talion), settled in Fresno after the war, and almost as well as I did myself. His personal in- partment established the 442nd Regimental helped liberate Jews at the infamous Dachau sights and his talent for writing were invalu- Combat Team, a racially-segregated unit com- Concentration Camp; and S. Sgt. Mikio able in helping me with this project. posed of Nisei volunteers from confinement Uchiyama of Fowler (MIS and CIC), an attor- He was also very active in the community. sites. ney during the war crimes trials in Japan, who Phil served on advisory boards of the USC The 442nd Regimental Combat Team, later became the first Asian-American judge in School of Arts and Science, the Journalism which came to include the 100th Infantry Bat- Fresno County. School and School of Nursing, and on the talion, spearheaded numerous battles, fought On February 19, 2012, the Central Cali- board of visitors of Columbia College. He was valiantly and courageously and is widely re- fornia District Council of the Japanese Amer- a president of Workshop Theater and worked garded as the most decorated unit in Amer- ican Citizens League, the oldest and largest in numerous Midlands United Way campaigns. ican history for its size and length of service, Asian American civil rights organization in He served four years as the South Carolina with seven Presidential Unit Citations, 21 Med- America, with the support of the Clovis Vet- representative on the Southern Growth Poli- als of Honor, 29 Distinguished Service erans Memorial District, Veterans of Foreign cies Board and the Council on State Govern- Crosses, 560 Silver Stars, 4,000 Bronze Stars Wars Sierra Nisei Post 8499, Nisei Farmers ments. He was a member of the Kosmos and more than 4,500 Purple Hearts. The League and Sun-Maid Growers of California, Club, a former board member of the Caesar’s 442nd is forever linked to the 36th Texas Divi- will host a Day of Remembrance observing Head Community Center, a member of sion, when it rescued the ‘‘lost battalion’’ in the the 70th anniversary of Executive Order 9066, Shandon Presbyterian Church and a devotee Vosges Mountains of eastern France during and honoring all Nisei veterans of World War of the humor of Robert Benchley. the fall of 1944. Japanese American troops II with a local ceremony for the presentation of Phil was married for 47 years to Virginia were also part of the advance Allied troops the Congressional Gold Medal. ‘‘Ginny’’ Maxwell Grose. They had one daugh- that liberated the Dachau concentration camp. Mr. Speaker, we ask our colleagues to join ter, Patricia, a son-in-law, John Williams, and When the war ended and the United States the Central California District Council of the two grandsons, Harrison and David Williams. declared victory, President Harry Truman, pre- Japanese American Citizens League, to com- Mr. Speaker, I ask that you and my col- sented the 442nd Regimental Combat Team memorate and pay tribute to all the Nisei sol- leagues join me in celebrating the life of Phil with its seventh President Unit Citation on the diers of World War II, who not only fought fas- G. Grose. He was an individual who helped White House lawn and aptly observed: ‘‘You cism abroad but prejudice at home, and won. shape history and preserve it for future gen- have fought not only the enemy, but prejudice f erations. In addition, he was a great friend, not and you have won.’’ only to me, but to all who knew him. He will Along with the 442nd Regimental Combat HONORING MARYCREST MANOR be sorely missed, but his contributions will re- Team, another cohort of Japanese-Americans SKILLED NURSING AND REHA- main forever. served in the Military Intelligence Service BILITATION CENTER f (’’MIS’’), made up of approximately 6,000 Nisei soldiers attached to combat units in the Pacific HON. THADDEUS G. McCOTTER A TRIBUTE TO THE NISEI Theater. These soldiers intercepted radio OF MICHIGAN SOLDIERS OF WORLD WAR II transmissions, translated enemy documents, IN THE HOUSE OF REPRESENTATIVES interrogated enemy prisoners of war, volun- Thursday, February 16, 2012 HON. JIM COSTA teered for reconnaissance and covert intel- OF CALIFORNIA ligence missions, and persuaded enemy com- Mr. MCCOTTER. Mr. Speaker, today I rise IN THE HOUSE OF REPRESENTATIVES batants to surrender. Eventually, some of to honor and acknowledge Marycrest Manor Skilled Nursing and Rehabilitation Center, Thursday, February 16, 2012 these MIS soldiers went on to serve during the post-war occupation of Japan, assisting with upon its 50th anniversary. Marycrest Manor Mr. COSTA. Mr. Speaker, I am joined by my the country’s transition to a democratic form of stands in my hometown of Livonia, Michigan colleagues Mr. CARDOZA, Mr. DENHAM, Mr. government, and helping to maintain a stable and is the result of the compassionate dream HONDA, Ms. MATSUI and Mr. SCHIFF, to pay relationship between Japan and the United rooted in the Polish-Catholic community of the tribute to the outstanding military service and States. 1940’s Detroit area and brought to fruition patriotism of the Japanese American men and On October 5, 2010, the United States Con- through the efforts of the Franciscan Sisters of women who served in the United States mili- gress unanimously passed Public Law 111– St. Joseph. tary during World War II. Over thirty-thousand 254, the law conferring the Congressional St. Mary’s Home, the initial 25 bed facility, second-generation Americans of Japanese an- Gold Medal, the nation’s highest civilian honor, was located at 215 West Grand Boulevard in cestry, also known as ‘‘Nisei’’ served in the to members of the 100th Battalion, 442nd Detroit. Recognizing the need for more space, various branches of the U.S. military while Regimental Combat Team and Military Intel- the Franciscan Sisters looked to Livonia and their families were living in barbed-wire en- ligence Service. President Obama signed the petitioned Cardinal Edward Mooney for assist- closed internment camps scattered throughout law, and on November 2, 2011, Members of ance in their charitable endeavor. Cardinal remote regions of the country. Congress presented these medals to a num- Mooney purchased and donated 10 acres of On February 19, 1942 President Franklin D. ber of Nisei veterans at Emancipation Hall in land on what is now Middlebelt Road just Roosevelt signed Executive Order No. 9066, Washington, DC. north of Five Mile Road. essentially allowing the forcible relocation and Approximately 500 Nisei soldiers from Sadly, Cardinal Mooney passed away in internment of Japanese Americans across the Merced, Madera, Fresno, Kings and Tulare 1958. His successor, Archbishop John United States; citizens and non-citizens alike. Counties served in the 100th Infantry Bat- Dearden selected the name Marycrest Manor. As a result, more than 120,000 Americans of talion, 442nd Regimental Combat Team, Mili- Celebrated during the Feast of the Holy Name Japanese ancestry, mainly from parts of tary Intelligence Service, Counter Intelligence of Mary, the state of the art 55 bed facility was Washington, Oregon, California and Arizona, Corps, Women’s Army Corp and other military dedicated on September 12, 1962. After being were detained for nearly three years without units, including: granted licensure as an extended care facility, charges or trials and without the basic civil lib- S. Sgt. Kazuo Komoto of Sanger (MIS), the Marycrest Manor is now one of the most rec- erties guaranteed to all Americans by the Con- first Nisei Purple Heart recipient of World War ognized in the State of Michigan. stitution. II; Sgt. Mac Nobuo Nagata of Sanger (MIS), Seeking to meet the needs of the commu- Prior to that, on January 19, 1942, six Legion of Merit recipient who led the 1st lin- nities they serve, Marycrest Manor recently weeks after the Imperial Japanese Navy’s at- guist team to Southwest Pacific Command; S. extended their ministry by opening a 60 unit tack on Pearl Harbor, Japanese Americans Sgt. Kazuo Otani of Visalia (442 RCT) and facility specifically designed for self-sufficient were reclassified by the Selective Service as PFC Joe Nishimoto of Caruthers (442 RCT), senior citizens who seek a secure faith-based enemy aliens, ineligible to be drafted. Subse- recipients of the Medal of Honor and among lifestyle. Plans are being made to open an as- quently, the U.S. Department of War chose to 24 Nisei soldiers from Central California killed sisted living facility, thus making Marycrest activate the 100th Battalion, a racially-seg- in action. Manor a continuum of care campus. regated unit composed of Nisei volunteers PFC Jay Shiroyama of Laton (442 RCT), Mr. Speaker, for 50 years Marycrest Manor from Hawaii who passed loyalty tests to fight one of eight men from I Company that first has stood as a tribute to the benevolent work

VerDate Mar 15 2010 06:14 Feb 17, 2012 Jkt 019060 PO 00000 Frm 00012 Fmt 0626 Sfmt 9920 E:\CR\FM\A16FE8.029 E16FEPT1 tjames on DSK6SPTVN1PROD with REMARKS February 16, 2012 CONGRESSIONAL RECORD — Extensions of Remarks E221 of the Franciscan Sisters of St. Joseph. As the mand (SAC) during the Vietnam Conflict. He the many accomplishments of my dear friend, facility celebrates this enormous milestone, it received an honorable discharge after having Alice Tregay. Alice has spent almost five dec- personifies a legacy of excellence, ingenuity obtained the rank of Captain, and the Air ades pouring her heart and soul into pro- and the empathetic spirit of the Franciscan Medal for Meritorious Achievement Award moting social change. Over these years, her Sisters and the Livonia community. Today, I while participating in aerial flight. activism has taken on many different forms: ask my colleagues to join me in congratulating In 1971, he decided to further his studies she has advocated on behalf of the disadvan- Marycrest Manor and recognizing their years and entered the University of Mississippi, as a taged, registered thousands of new voters, of loyal service to our community and country. graduate student in Microbiology. After one managed high profile political campaigns, and f year he was admitted to the Medical School, more. As a result of her actions, citizens of Illi- where he served as president of Student Na- nois and those across the country are better RECOGNIZING HARRY A. BARTEE, tional Medical Association. He completed his off. SR., FOR HIS DEDICATION TO residency in Family Medicine and became the Ms. Tregay’s first leap into activism came in SERVICE AND HEALTH CARE director of Madison-Yazoo-Leake (MYL) Fam- 1964, when she joined the protest against Chi- ily Health Center in Canton, Mississippi in cago Public Schools Superintendent Willis and HON. BENNIE G. THOMPSON 1979. his infamous ‘‘Willis Wagons.’’ These wagons OF MISSISSIPPI After later establishing a private practice in perpetuated segregation, and the community Canton, Mississippi, Dr. Bartee expanded his IN THE HOUSE OF REPRESENTATIVES was energized in opposition. Marching along- operations to the underserved areas of side well-known figures such as Al Raby and Thursday, February 16, 2012 Tchula, Lexington, and Goodman, Mississippi. Dick Gregory, Alice learned just how much of Mr. THOMPSON of Mississippi. Mr. Speak- Dr. Bartee served as a member of the Central an impact ordinary people could have. In the er, I rise today to honor a longtime Mississippi Sub-advisory committee of the Mississippi end, not only were the Willis Wagons shut resident, Vietnam veteran, civil rights activist, Health Systems Agency and a contract physi- down, but Superintendent Willis himself was dedicated health care professional, and an cian with the Madison Yazoo Leake Family removed as a result of the community’s activi- overall outstanding public servant, Dr. Harry A. Health Center in Yazoo City, Mississippi for ties. three years. Bartee, Sr. Dr. Bartee has devoted his entire This first protest opened a door for Alice, Dr. Bartee served as an emergency room life to public health in Mississippi. and she leapt through it with her characteristic physician throughout the state, from the Gulf Dr. Bartee was born in Ocean Springs, Mis- enthusiasm. She fought housing discrimination Coast to North Mississippi including some sissippi, and moved frequently with his family in the Chicagoland area, and marched in sup- eastern and western cities. He served as the throughout the state until finally settling in port of open housing alongside Dr. Martin Lu- Medical Director for the Nurse Mid-Wifery Pro- Canton, Mississippi, where they have re- ther King, Jr. When Dr. King’s Operation gram at Methodist Hospital of Middle Mis- mained for the last half century. His father was Breadbasket began operations in the sissippi in Lexington. Pryor to his decision to a Methodist Minister and his mother a school Chicagoland area, Alice was intimately in- enter semi-retirement this past year, Dr. teacher. Dr. Bartee attended Rogers High volved. She worked hand in hand with Rev. Bartee remains an Emergency Room Physi- School in Canton, where he was president of Jesse Jackson and Rev. James Bevel to elimi- his senior class and played on the school’s cian in Canton, Mississippi. Dr. Bartee and his wife Frances have four nate discrimination and provide jobs for the football team. disadvantaged. After high school, Dr. Bartee attended North children and nine grandchildren. Frances is a Within Operation Breadbasket, Alice started Carolina A&T College in Greensboro, North retired public school teacher, his son Harry A. the Political Education Division. This branch of Carolina from 1961 to 1965, and served in the Bartee, Jr., is a physician, in Tennessee and the organization trained thousands of students ROTC. It was during this time he became part North Mississippi. His daughter Pamela is a over a five-year period, teaching them how to of one of the greatest student movements in nurse anesthetist, while his younger daughters organize citizens and lead political campaigns. this country for Civil Rights, the Greensboro, Anne and Candice, followed their mother’s After training a future generation of activists, North Carolina Sit-ins. There he met his wife, footsteps in education. Alice went even farther. She traveled to the Frances, who at the time attended nearby Dr. Bartee has always empathized with peo- southern United States, registering thousands Bennett College and together, they marched ple who were not privileged to have access to of voters between Chicago and Mississippi. and were arrested for their involvement in quality health care. He has served many poor those demonstrations. At North Carolina A&T and impecunious patients, who have always Later, she served as an essential staff College, he received a Bachelors of Science been more than three-fourths Medicaid/Medi- member on many campaigns, including but degree in Biology and joined Omega Psi Phi care recipients. His greatest consideration has not limited to such great leaders as Congress- Fraternity, Inc. always been with any aspect of inferior treat- men Abner Mikva and Jesse Jackson, Mayor After graduating from college, Dr. Bartee ment of patients based upon racial, cultural or Harold Washington, and President Jimmy Car- was commissioned as a Second Lieutenant in financial status. Even at the age of 68, he is ter. the United States Air Force. While waiting to still practicing. In addition to her campaigning, Alice went enter active duty, Dr. Bartee returned to Can- Mr. Speaker, I ask that our colleagues join on to serve as Director and Chief Lobbyist for ton, Mississippi, with his wife of two weeks. me in honoring the life and legacy of Dr. Harry the Black Illinois Legislative Lobby. In this role, While showing her around his native city one A. Bartee, Sr., a global citizen and champion she continued to work tirelessly to protect the evening, he entered an establishment which in the health care profession. civil rights of our citizens, and to promote the had at one time been a popular spot for black f economic parity of minorities and the poor. entertainment, and was attacked by an on- COMMEMORATING THE MANY AC- Alice Tregay has impacted untold numbers slaught of white supremacists. They pro- COMPLISHMENTS OF MS. ALICE of lives as an organizer, educator, and change ceeded to beat him beyond recognition, sub- TREGAY maker. She gave a voice to those who are too sequently requiring him to have surgery at the frequently ignored. She provided the tools to same hospital where he later received his HON. JANICE D. SCHAKOWSKY engage and equip a new generation of activ- medical degree. ists. Many of her students continue to fight for OF ILLINOIS After that experience, he received orders to her ideals, each and every day. On behalf of IN THE HOUSE OF REPRESENTATIVES report to Mather Air Force Base in Sac- myself and the many individuals who have ramento, California. He spent the next five Thursday, February 16, 2012 benefited from her activities, I extend my years as a navigator with the KC–135 Refuel- Ms. SCHAKOWSKY. Mr. Speaker, I rise heartfelt thanks and love to Alice Tregay for all ing Squadron, part of the Strategic Air Com- today to recognize the enormous impact and that she has done.

VerDate Mar 15 2010 06:14 Feb 17, 2012 Jkt 019060 PO 00000 Frm 00013 Fmt 0626 Sfmt 9920 E:\CR\FM\A16FE8.031 E16FEPT1 tjames on DSK6SPTVN1PROD with REMARKS Thursday, February 16, 2012 Daily Digest Senate ment No. 1633 be withdrawn; that immediately fol- Chamber Action lowing the cloture vote and the actions listed above Routine Proceedings, pages S805–S878 depending on the result of the cloture vote, Senate Measures Introduced: Eight bills and four resolu- then proceed to Executive Session and the cloture tions were introduced, as follows: S. 2115–2122, S.J. motion on the nomination of Jesse M. Furman, of Res. 36–37, and S. Res. 379–380. Page S850 New York, to be United States District Judge for Measures Reported: the Southern District of New York, be withdrawn; that there be two minutes equally divided, between S. Res. 379, condemning violence by the Govern- the Chair and Ranking Members of the Judiciary ment of Syria against the Syrian people, with a pre- Committee prior to a vote on confirmation of the amble. Page S850 nomination; that no further motions be in order; Measures Considered: that following the vote on confirmation of the nomi- Moving Ahead for Progress in the 21st Cen- nation of Jesse M. Furman, of New York, to be tury—Agreement: Senate continued consideration of United States District Judge for the Southern Dis- S. 1813, to reauthorize Federal-aid highway and trict of New York, Senate then resume legislative highway safety construction programs, taking action session and the Majority Leader be recognized, pro- on the following amendments proposed thereto: vided further, that the filing deadline for second-de- Pages S814–42 gree amendments to Reid Amendment No. 1633 to Pending: the bill be at 10:30 a.m., on Friday, February 17, Reid Amendment No. 1633, of a perfecting na- 2012. Page S838 ture. Page S814 Nominations Received: Senate received the fol- Reid Amendment No. 1634 (to Amendment No. lowing nominations: 1633), to change the enactment date. Page S814 Jill A. Pryor, of Georgia, to be United States Cir- Reid Motion to recommit the bill to the Com- cuit Judge for the Eleventh Circuit. mittee on Environment and Public Works, with in- Paul William Grimm, of Maryland, to be United structions, Reid Amendment No. 1635, to change States District Judge for the District of Maryland. the enactment date. Page S814 Elissa F. Cadish, of Nevada, to be United States Reid Amendment No. 1636 (to (the instructions) District Judge for the District of Nevada. Amendment No. 1635), of a perfecting nature. Mark E. Walker, of Florida, to be United States Page S814 District Judge for the Northern District of Florida. Reid Amendment No. 1637 (to Amendment No. 35 Air Force nominations in the rank of general. 1636), of a perfecting nature. Page S814 1 Army nomination in the rank of general. A unanimous-consent-time agreement was reached providing for further consideration of the bill at ap- 8 Navy nominations in the rank of admiral. proximately 11 a.m., on Friday, February 17, 2012, Routine lists in the Air Force, and Army. and that at a time to be determined by the Majority Pages S875–78 Leader, after consultation with the Republican Lead- Messages from the House: Page S848 er, Senate proceed to the cloture vote with respect Measures Referred: Pages S848–49 to Reid Amendment No. 1633 (listed above); that if cloture is invoked on Reid Amendment No. 1633, Measures Placed on the Calendar: Pages S805, S849 the second-degree amendment be withdrawn, Reid Measures Read the First Time: Pages S849, S875 Amendment No. 1633 be agreed to, and the bill, as Executive Communications: Pages S849–50 amended, be considered original text for the purposes of further amendment; if cloture is not in- Executive Reports of Committees: Page S850 voked, the motion to recommit and Reid Amend- Additional Cosponsors: Pages S850–52 D127

VerDate Mar 15 2010 05:55 Feb 17, 2012 Jkt 019060 PO 00000 Frm 00001 Fmt 0627 Sfmt 0627 E:\CR\FM\D16FE2.REC D16FEPT1 tjames on DSK6SPTVN1PROD with DIGEST D128 CONGRESSIONAL RECORD — DAILY DIGEST February 16, 2012 Statements on Introduced Bills/Resolutions: violence by the Government of Syria against the Syr- Pages S852–59 ian people. Additional Statements: Pages S845–48 IRAN’S INFLUENCE AND ACTIVITY IN Amendments Submitted: Pages S859–74 LATIN AMERICA Notices of Hearings/Meetings: Page S874 Committee on Foreign Relations: Subcommittee on Western Hemisphere, Peace Corps and Global Nar- Authorities for Committees to Meet: cotics Affairs concluded a hearing to examine Iran’s Pages S874–75 influence and activity in Latin America, after receiv- Privileges of the Floor: Page S875 ing testimony from Cynthia J. Arnson, Woodrow Adjournment: Senate convened at 10 a.m. and ad- Wilson International Center for Scholars, Douglas journed at 7:57 p.m., until 10 a.m. on Friday, Feb- Farah, International Assessment and Strategy Center, ruary 17, 2012. (For Senate’s program, see the re- Roger F. Noriega, former Assistant Secretary of State marks of the Majority Leader in today’s Record on for Western Hemisphere Affairs, and Ilan Berman, page S875.) American Foreign Policy Council, all of Washington, D.C. Committee Meetings IRAN’S INFLUENCE AND ACTIVITY IN LATIN AMERICA (Committees not listed did not meet) Committee on Foreign Relations: Committee received a U.S. NATIONAL SECURITY THREATS closed briefing on Iran’s influence and activity in Committee on Armed Services: Committee concluded a Latin America from Elizabeth Dibble, Deputy As- hearing to examine the current and future worldwide sistant Secretary for European and Eurasian Affairs, threats to the national security of the United States, Kevin Whitaker, Deputy Assistant Secretary for after receiving testimony from James R. Clapper, Jr., Western Hemisphere Affairs, and James McElveen, Director of National Intelligence; and Lieutenant Division Chief, South America, Bureau of Intel- General Ronald L. Burgess, Jr., USA, Director, De- ligence and Research, all of the Department of State; fense Intelligence Agency, Department of Defense. and Chris Markwood, Deputy National Intelligence Manager, Iran, and Richard May, Senior Analyst, EUROPEAN DEBT CRISIS Threat Finance, both of the Office of the Director of Committee on Banking, Housing, and Urban Affairs: National Intelligence. Committee concluded a hearing to examine the Eu- CYBERSECURITY ACT ropean debt crisis and its implications, after receiv- Committee on Homeland Security and Governmental Af- ing testimony from Lael Brainard, Under Secretary of fairs: the Treasury for International Affairs; Robert D. Committee concluded a hearing to examine se- Hormats, Under Secretary of State for Economic, En- curing America’s future, including S. 2105, to energy and Agricultural Affairs; and Steven B. Kamin, hance the security and resiliency of the cyber and Director, Division of International Finance, Board of communications infrastructure of the United States, Governors of the Federal Reserve System. after receiving testimony from Senators Rockefeller and Feinstein; Janet Napolitano, Secretary of Home- BUDGET land Security; Tom Ridge, U.S. Chamber of Com- Committee on the Budget: Committee concluded a hear- merce, Stewart A. Baker, Steptoe and Johnson LLP, ing to examine the President’s proposed budget re- and James A. Lewis, Center for Strategic and Inter- quest for fiscal year 2013 and revenue proposals, national Studies, all of Washington, D.C.; and Scott after receiving testimony from Timothy F. Geithner, Charney, Microsoft Corporation, Redmond, Wash- Secretary of the Treasury. ington. DEPARTMENT OF ENERGY BUDGET REGIONAL LEVEL WORKFORCE NEEDS Committee on Energy and Natural Resources: Committee Committee on Health, Education, Labor, and Pensions: concluded a hearing to examine the President’s pro- Subcommittee on Employment and Workplace Safe- posed budget request for fiscal year 2013 for the De- ty concluded a hearing to examine addressing work- partment of Energy, after receiving testimony from force needs at the regional level, focusing on innova- Steven Chu, Secretary of Energy. tive public and private partnerships, after receiving testimony from Andrew Sherrill, Director, Edu- BUSINESS MEETING cation, Workforce, and Income Security, Govern- Committee on Foreign Relations: Committee ordered fa- ment Accountability Office; Marlena Sessions, Work- vorably reported an original resolution condemning force Development Council of Seattle-King County,

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and Barbara Trehearne, Group Health Cooperative, Affairs, both of the Department of the Interior; both of Seattle, Washington; Sandy Harmsen, San Michelle Kauhane, Hawaii Department of Hawaiian Bernardino County Workforce Investment Board, Home Lands Deputy Director, Kapolei; Rodney M. San Bernardino, California; James Watson, CMTC, Bordeaux, Rosebud Sioux Tribe, Rosebud, South Da- Torrance, California; David Hunn, Northern Vir- kota; Levi Pesata, Jicarilla Apache Nation, Dulce, ginia Workforce Investment Board, Vienna; Gerry New Mexico; Thomas Anketell, Assiniboine and Hofler, Northern Virginia Community College, Sioux Tribes of the Fort Peck Reservation, Poplar, Springfield; and Pat Schramm, Workforce Develop- Montana; and Rex Lee Jim, Navajo Nation, Window ment Board of South Central Wisconsin, and Bettsey Rock, Arizona. Barhorst, Madison College, both of Madison, Wis- consin. BUSINESS MEETING ENERGY DEVELOPMENT OVERSIGHT Committee on the Judiciary: Committee ordered favor- Committee on Indian Affairs: Committee concluded an ably reported the nominations of John Z. Lee, and oversight hearing to examine energy development in John J. Tharp, Jr., both to be a United States Dis- Indian country, after receiving testimony from Tra- trict Judge for the Northern District of Illinois, cey A. LeBeau, Director, Office of Indian Energy George Levi Russell, III, to be United States District Policy and Programs, Department of Energy; Jodi Judge for the District of Maryland, and Kristine Gillette, Deputy Assistant Secretary for Indian Af- Gerhard Baker, to be United States District Judge fairs, and Mike S. Black, Director, Bureau of Indian for the Eastern District of Arkansas. h House of Representatives source Security Act: The House passed H.R. 3408, Chamber Action to set clear rules for the development of United Public Bills and Resolutions Introduced: 23 pub- States oil shale resources and to promote shale tech- lic bills, H.R. 4048–4070; and 6 resolutions, H.J. nology research and development, by a recorded vote Res. 103; H. Con. Res. 102–102; and H. Res. of 237 ayes to 187 noes, Roll No. 71. Consideration 552–553, 555 were introduced. Pages H900–02 of the measure began yesterday, February 15th. Pages H820–34, H880–86 Additional Cosponsors: Page H903 Rejected the Castor (FL) motion to recommit the Reports Filed: Reports were filed today as follows: bill to the Committee on Natural Resources with in- Conference report on H.R. 3630, to provide instructions to report the same back to the House centives for the creation of jobs, and for other pur- forthwith with an amendment, by a recorded vote of poses (H. Rept. 112–399) and 176 ayes to 241 noes, Roll No. 70. Pages H884–85 H. Res. 554, providing for consideration of the Agreed to: conference report to accompany the bill (H.R. 3630) Scalise amendment (No. 20 printed in part A of to provide incentives for the creation of jobs, and for H. Rept. 112–398) that dedicates Clean Water Act other purposes (H. Rept. 112–400). penalties associated with the Deepwater Horizon dis- Pages H834–80, H894 aster to the Gulf Coast Restoration Trust Fund; Speaker: Read a letter from the Speaker wherein he Pages H830–34 appointed Representative Webster to act as Speaker Hastings (WA) amendment (No. 16 printed in part A of H. Rept. 112–398) that streamlines the pro tempore for today. Page H805 NEPA process to allow for expedited development of Recess: The House recessed at 11:30 a.m. and re- renewable energy projects on Federal lands and convened at 12 noon. Page H815 waters (by a recorded vote of 250 ayes to 171 noes, Journal: The House agreed to the Speaker’s approval Roll No. 66); and Pages H823–25, H881–82 of the Journal by voice vote. Pages H815, H886 Labrador amendment (No. 19 printed in part A of H. Rept. 112–398) that minimizes NEPA require- Recess: The House recessed at 12:37 p.m. and re- ments for a geothermal exploration test project so a convened at 3:16 p.m. Pages H819–20 project can quickly move forward if resources are Protecting Investment in Oil Shale the Next found (by a recorded vote of 244 ayes to 177 noes, Generation of Environmental, Energy, and Re- Roll No. 69). Pages H828–30, H883–84

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Rejected: Adjournment: The House met at 10 a.m. and ad- Thompson (CA) amendment (No. 13 printed in journed at 8:34 p.m. part A of H. Rept. 112–398) that sought to clarify that the legislation does not allow for oil and gas Committee Meetings drilling on the northern coast of California (by a re- APPROPRIATIONS—DEPARTMENT OF corded vote of 167 ayes to 253 noes, Roll No. 64); DEFENSE Pages H820–21, H880–81 Hanabusa amendment (No. 15 printed in part A Committee on Appropriations: Subcommittee on Defense of H. Rept. 112–398) that sought to require that held a hearing on FY 2013 budget request for the offshore oil and gas leases contain specific safety re- Department of Defense. Testimony was heard from quirements (by a recorded vote of 189 ayes to 228 Leon Panetta, Secretary, Department of Defense; noes, Roll No. 65); Pages H822–23, H881 General Martin Dempsey, Chairman, Joint Chiefs of Markey amendment (No. 17 printed in part A of Staff; and Robert Hale, Undersecretary of Defense. H. Rept. 112–398) that sought to expand on the oil APPROPRIATIONS—MILITARY export ban already included in the Arctic drilling CONSTRUCTION, VETERANS AFFAIRS AND subtitle (Sec. 17706) to prohibit export of any nat- RELATED AGENCIES ural gas produced pursuant to a lease issued under Committee on Appropriations: Subcommittee on Mili- Title XVII of this Act (by a recorded vote of 168 tary Construction, Veterans Affairs, and Related ayes to 254 noes, Roll No. 67); and Agencies held a hearing on Quality of Life in the Pages H825–26, H882–83 Military. Testimony was heard from James A. Roy, Markey amendment (No. 18 printed in part A of Chief Master Sergeant, Air Force; Raymond F. Chan- H. Rept. 112–398) that sought to require companies dler III, Sergeant Major, Army; Michael P. Barrett, holding defective leases which allow them to drill on Sergeant Major, Marine Corp; and Rick West, Mas- public lands off-shore without paying a royalty to re- ter Chief Petty Officer, Navy. negotiate those leases prior to bidding on new leases APPROPRIATIONS—INTERIOR, issued pursuant to Title XVII of this Act (by a re- ENVIRONMENT, AND RELATED AGENCIES corded vote of 183 ayes to 238 noes, Roll No. 68). Pages H826–28, H883 Committee on Appropriations: Subcommittee on Inte- Withdrawn: rior, Environment, and Related Agencies held a Holt amendment (No. 14 printed in part A of H. hearing on FY 2013 budget request for the Depart- Rept. 112–398) that was offered and subsequently ment of the Interior. Testimony was heard from the withdrawn that would have affirmed that nothing in following Department of Interior officials: Ken Sala- the underlying bill will affect funding for the Land zar, Secretary; David Hayes, Deputy Secretary; and Pamela Haze, Deputy Assistant Secretary, Budget, and Water Conservation Fund. Pages H821–22 Finance, Performance and Acquisition. H. Res. 547, the rule providing for consideration of the bill, was agreed to yesterday, February 15th. GOVERNANCE, OVERSIGHT, AND Committee Resignation: Read a letter from Rep- MANAGEMENT OF NUCLEAR SECURITY resentative Speier, wherein she resigned from the Committee on Armed Services: Subcommittee on Stra- Committee on Homeland Security. Pages H886–87 tegic Forces held a hearing on governance, oversight, and management of the nuclear security enterprise to Committee Resignation: Read a letter from Rep- ensure high quality science, engineering, and mission resentative Tonko, wherein he resigned from the effectiveness in an age of austerity. Testimony was Committee on the Budget. Page H887 heard from Charles Shank, Co-Chair, National Acad- Committee Election: The House agreed to H. Res. emies Panel on Managing for High Quality Science 553, electing Members to certain standing commit- and Engineering, NNSA National Security Labora- tees of the House of Representatives. Page H887 tories; Charles B. Curtis, National Academies Panel Senate Message: Message received from the Senate on Managing for High Quality Science and Engi- by the Clerk and subsequently presented to the neering at NNSA National Security Laboratories; House today appears on page H819. and public witnesses. Quorum Calls—Votes: Eight recorded votes devel- NATIONAL DEFENSE AUTHORIZATION oped during the proceedings of today and appear on BUDGET REQUEST—DEPARTMENT OF THE pages H880–81, H881, H882, H882–83, H883, NAVY H884, H885–86, H886. There were no quorum Committee on Armed Services: Full Committee held a calls. hearing on FY 2013 National Defense Authorization

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the Surface Mining Control and Reclamation Act of 1977 Committee on Oversight and Government Reform, Sub- to clarify that uncertified States and Indian tribes have committee on Technology, Information Policy, Intergov- the authority to use certain payment for certain noncoal ernmental Relations and Procurement Reform, hearing reclamation projects, 9 a.m., 1310 Longworth. entitled ‘‘How Much is Too Much? Examining Duplica- Subcommittee on Fisheries, Wildlife, Oceans and Insu- tive IT Investments at DOD and DOE’’, 9:30 a.m., 2154 lar Affairs, hearing entitled ‘‘Fish and Wildlife Service’s Rayburn. Proposed Comprehensive Conservation Plan and it Poten- Committee on Science, Space, and Technology, Full Com- tial Devastating Impact on the Economy of the Town of mittee, hearing entitled ‘‘An Overview of the Administra- Chincoteague, Virginia’’, 9:30 a.m., 1324 Longworth. tion’s Federal Research and Development Budget for Fis- cal Year 2013’’, 9:30 a.m., 2318 Rayburn.

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Next Meeting of the SENATE Next Meeting of the HOUSE OF REPRESENTATIVES 10 a.m., Friday, February 17 9 a.m., Friday, February 17

Senate Chamber House Chamber Program for Friday: After the transaction of any morn- Program for Friday: Consideration of the Conference ing business (not to extend beyond 11 a.m.), Senate will Report on H.R. 3630—Temporary Payroll Tax Cut Con- continue consideration of S. 1813, Moving Ahead for tinuation Act. Progress in the 21st Century, with a vote on the motion to invoke cloture on Reid Amendment No. 1633, and Senate will vote on confirmation of the nomination of Jesse M. Furman, of New York, to be United States Dis- trict Judge for the Southern District of New York. Also, Senate expects to begin consideration of the conference report to accompany H.R. 3630, Middle Class Tax Relief and Job Creation Act.

Extensions of Remarks, as inserted in this issue

HOUSE Clyburn, James E., S.C., E209, E213, E219 Levin, Sander M., Mich., E213 Coffman, Mike, Colo., E218 McCotter, Thaddeus G., Mich., E214, E220 Baldwin, Tammy, Wisc., E217 Costa, Jim, Calif., E213, E220 McDermott, Jim, Wash., E218 Barletta, Lou, Pa., E212 Denham, Jeff, Calif., E214 McNerney, Jerry, Calif., E210 Becerra, Xavier, Calif., E214 Diaz-Balart, Mario, Fla., E210 Miller, Jeff, Fla., E212, E216 Bishop, Sanford D., Jr., Ga., E210 Eshoo, Anna G., Calif., E216 Moran, James P., Va., E212 Blumenauer, Earl, Ore., E211 Graves, Tom, Ga., E211 Boehner, John A., Ohio, E209 Grijalva, Rau´ l M., Ariz., E209 Ryan, Tim, Ohio, E216 Bonner, Jo, Ala., E218 Grimm, Michael G., N.Y., E211 Schakowsky, Janice D., Ill., E221 Braley, Bruce L., Iowa, E218 Hahn, Janice, Calif., E215 Shimkus, John, Ill., E217 Castor, Kathy, Fla., E215 Hastings, Alcee L., Fla., E215 Stark, Fortney Pete, Calif., E217 Cleaver, Emanuel, Mo., E210 Kaptur, Marcy, Ohio, E219 Thompson, Bennie G., Miss., E214, E221

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