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

Vol. 157 WASHINGTON, TUESDAY, DECEMBER 6, 2011 No. 186 House of Representatives The House met at 10 a.m. and was endured 125 years of change, growth, day, December 4, New York Times enti- called to order by the Speaker pro tem- and . Today, Consumers Energy tled, ‘‘How the Food Industry Eats pore (Ms. FOXX). delivers electricity and natural gas to Your Kids’ Lunch.’’ This has serious f 6.8 million of Michigan’s 10 million consequences for the 32 million chil- residents in all 68 counties of the dren who rely on school lunches, and DESIGNATION OF SPEAKER PRO State’s Lower Peninsula. often the breakfast program as well. TEMPORE For the past 125 years, Consumer En- Unfortunately, when one-third of our The SPEAKER pro tempore laid be- ergy has operated under the timeless children of school age, 6 to 19, are over- fore the House the following commu- principle: provide customers with safe, weight or obese, this matters. nication from the Speaker: reliable, and affordable energy service. There’s no denying that the institu- WASHINGTON, DC, This principle has played an integral tional and political forces combine to December 6, 2011. role of improving the quality of life for favor giving our kids unhealthy food. It I hereby appoint the Honorable VIRGINIA generations of Michigan residents. It doesn’t just shortchange the children FOXX to act as Speaker pro tempore on this also has been responsible for the and their families with huge medical day. growth of businesses and industries costs in the future from obesity, from JOHN A. BOEHNER, which provide for millions of the diabetes and other problems. It also Speaker of the House of Representatives. State’s residents. poses problems for local farmers and f Since its beginning in 1886, the goal the local economy. The good news is that we know how MORNING-HOUR DEBATE of Consumers Energy was to deliver power to homes and businesses in cit- to fix this. Without help from the Fed- The SPEAKER pro tempore. Pursu- ies, towns, villages and even the most eral Government—or despite the Fed- ant to the order of the House of Janu- rural areas. In 1927, the company in- eral Government—there are areas ary 5, 2011, the Chair will now recog- stalled Michigan’s first rural power where the local governments are lead- nize Members from lists submitted by line, the 7-mile Mason-Dansville line, ing. In 2001, there were only six pro- the majority and minority leaders for thereby bringing power to rural farms grams that were farm-to-school, pro- morning-hour debate. for the first time. viding healthy produce and fruit that The Chair will alternate recognition Today, Consumers Energy continues found its way into the schools. There between the parties, with each party a proud tradition as an industry and are now more than 2,300 programs in- limited to 1 hour and each Member community leader. In celebration of its volving more than 10,000 schools across other than the majority and minority milestone anniversary, the company the country. leaders and the minority whip limited will award $125,000 each to 10 commu- On this House floor, I have referenced to 5 minutes each, but in no event shall nities for a total of $1.25 million for a pilot project that I think is a model debate continue beyond 11:50 a.m. programs and services that will in Abernathy School in Portland, Or- f strengthen those communities and egon, which I am privileged to rep- touch the lives of thousands of our citi- resent, but there are dozens more in CONGRATULATING CONSUMERS zens. my community. There are 160 edible ENERGY COMPANY ON ITS 125TH Madam Speaker, I ask my colleagues gardens around Oregon. California led ANNIVERSARY to join me in recognizing Consumers the way with special payments that are The SPEAKER pro tempore. The Energy’s 125th anniversary and wishing made to local school districts to pro- Chair recognizes the gentleman from them continued growth and success in vide opportunities to purchase local Michigan (Mr. WALBERG) for 5 minutes. the future. fruits and vegetables. It’s been followed Mr. WALBERG. Madam Speaker, it’s f by similar programs in D.C. and Maine. my great honor to recognize and con- Now, this doesn’t just deal with the gratulate Consumers Energy Company FRUITS AND VEGETABLES FOR health of kids. It also deals with the on its 125th anniversary. On this day SCHOOL CHILDREN health of local economies. When you 125 years ago, Consumers Energy The SPEAKER pro tempore. The are able to buy fresh fruits and vegeta- founders William A. Foote and Samuel Chair recognizes the gentleman from bles locally and put them into the Jarvis secured a street lighting fran- Oregon (Mr. BLUMENAUER) for 5 min- schools, it has a significant chise agreement with the city of Jack- utes. effect. Each dollar there actually has son, Michigan. What began as the illu- Mr. BLUMENAUER. Madam Speaker, more economic impact than a dollar mination of a dozen streetlights has there was a tough article in the Sun- spent on infrastructure or a dollar that

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

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VerDate Mar 15 2010 01:42 Dec 07, 2011 Jkt 019060 PO 00000 Frm 00001 Fmt 7634 Sfmt 0634 E:\CR\FM\A06DE7.000 H06DEPT1 jbell on DSK7SPTVN1PROD with HOUSE H8138 CONGRESSIONAL RECORD — HOUSE December 6, 2011 would be spent on food stamps. It’s one throughout the world, and it’s a project ning and getting these cards from of the most valuable economic impact that we are involved in in southeast throughout southeast Texas. generators, almost $2 of economic im- Texas through the Red Cross and Oper- Every year the number of cards that pact for each dollar invested, according ation Interdependence. are either taken or shipped gets to be more. The first year, it was 6,000. The to a study from Ecotrust. b 1010 Let’s accept the challenge to try to next year, 10,000 Christmas cards were help improve this process. There are And here’s how it works. It’s a way of shipped overseas. The third year, 16,000 some additional steps that can be having young school-age children con- cards. And, Madam Speaker, this year taken locally—don’t build or remodel nect with troops not only in our war kids from southeast Texas are shipping schools that don’t have kitchens. It’s zone, but other places in the world to our troops overseas 35,000 handmade simple, but it’s more cost effective to where our troops are serving America. cards, wishing them well, giving them do it when you’re constructing or re- It started several years ago when I Christmas greetings, saying some of modeling than to have to come back had the opportunity to go see our the most awesome things that only later. troops in the Middle East about this third-, fourth-, and fifth-graders could Let’s hold Members of Congress ac- time of the year. Before I left, my staff say. countable. Last month, we once again came up with the idea that maybe I So I want to thank those kids. I want on the floor of the House reaffirmed should take some Christmas cards and to thank Rikki Wheeler and the cham- the fact that pizza dough with a little holiday cards to our troops that were ber of commerce in Baytown. I want to bit of tomato sauce is a vegetable. serving overseas. And so they did all thank Ross Sterling High School, Hor- Maybe people in the course of this next the work and they were able to get ace Mann Junior High, Highlands Ele- year, when politicians are going to be schoolteachers to get their kids to vol- mentary, and I want to thank those out campaigning, may be able to pin unteer to make handmade Christmas teachers. God bless our teachers who them down on whether or not they be- cards. I took about 6,000 of those hand- work to have these kids volunteer to lieve pizza is a vegetable and whether made cards by third-, fourth-, and fifth- make cards for our volunteers overseas they will act to override that outrage. graders overseas. who won’t be home for Christmas, be- It’s also important to expand the On my way back from the Middle cause there’s an empty chair at the USDA pilot project that’s going to be East, I stopped off at the Landstuhl Christmas table where that soldier, starting next month in Florida and military base. That’s the place in Ger- that warrior, that sailor, that airman Michigan. Let’s see if we can give other many where our wounded warriors are is not there because they’re rep- States the opportunity for cash instead taken before they’re brought back to resenting the United States in lands of commodities, to be able to purchase the United States. I distributed those far, far away. And that’s just the way it is. these local products. This will give op- cards not only in the Middle East but portunities for our school districts to to our troops, and even our NATO f strengthen the local partnerships; to be troops, at Landstuhl. COMPUTER SCIENCE able to give kids healthy food; to be But here is what happened on the WEEK plane when I was going overseas—I able to model behaviors that are im- The SPEAKER pro tempore. The portant; and, most important, for the checked a couple of bags, but I took one bag on the plane with me. It was a Chair recognizes the gentleman from Federal Government to realign its in- Colorado (Mr. POLIS) for 5 minutes. night flight, flying overnight and arriv- terests away from large agribusiness Mr. POLIS. Madam Speaker, I rise ing in the daytime. I started going and in favor of the health of our chil- today to speak in support of Computer dren. through one of these suitcases that had Science Education Week, which started Now, in the midst of the rubble of the all of these cards in it. I was looking at this past Sunday, December 4, 2011, and so-called supercommittee, there was them, and the person next to me want- runs through Saturday, December 10. some good that came out of it. One ed to know what I was doing. I told him This week-long celebration of the good element was that there was not a these were from schoolkids back in teaching and learning of computer secret sort of farm bill that was embed- southeast Texas. He was passing them science is a call to share information ded that would have denied us the op- around. Before I knew it, these cards and host activities that will elevate portunity this year to reform farm leg- were up and down the aisles in that computer science education for stu- islation, because one of the simplest plane and I could hear sobbing and saw dents at all levels. things we can do is to move payments tears of emotion from some of the pas- In my district in Colorado, the com- from large agribusiness, put it in the sengers on the plane reading those puting achievements of 20 young hands of local schools, and local farm- cards from schoolkids connecting with women will be celebrated at an awards ers to be able to improve the health of our troops overseas. event for the Colorado affiliate of the our children and our local economy. When I came back to the Landstuhl Aspirations in Computing Award on f military base, some of our troops who the campus of the University of Colo- were wounded opened the cards and rado at Boulder. CHRISTMAS AND THE EMPTY wanted the nurses to put the cards on On Friday, representatives of Com- CHAIR the wall. Even NATO troops that were puter Science Education Week and the The SPEAKER pro tempore. The there from foreign countries had these Computer Science Teachers Associa- Chair recognizes the gentleman from cards that were made from American tion will be honored at the White Texas (Mr. POE) for 5 minutes. youth. House as Champions of Change, which Mr. POE of Texas. Madam Speaker, Madam Speaker, there’s something is part of President Obama’s Winning Thanksgiving is over and Christmas is about a warrior from the United States the Future initiative. just around the corner. All throughout opening up a handmade Christmas card Today in Harlem, New York, a com- America, families will gather to cele- from some kid in the United States. At pany is launching a new national ini- brate the traditions and festivities, and that moment, the darkness of war tiative, Tech Girls Rock, in collabora- be together and celebrate faith. But seems to disappear because of the tion with the Boys and Girls Clubs of there are some American families that brightness of a child. America. On Thursday, 200 third-grad- won’t have their entire family with I have had the opportunity to have ers will learn hands-on programing and them this year. There will be an empty these cards made by the kids in south- Web site development at Techie Club. chair at their table. That’s because east Texas now for 5 years. I say I’ve I’m marking this occasion by talking their loved ones serve in the U.S. mili- had the opportunity. I don’t do the to you about computer science edu- tary in lands throughout the world. work. My staff does the work, along cation and urging all my colleagues in War at Christmas is not new, and this with the chambers of commerce and all the House to support legislation I in- year will be no exception for many of the teachers. Everybody volunteers. troduced earlier this year, the Com- our warriors that are still on call, still When my staff does the work, it’s not puter Science Education Act, H.R. 3014. on duty serving America. But there is doing it on government hours. It’s Computing and information tech- a way to connect with our troops after work, it’s on the weekend, plan- nology is transforming our world—

VerDate Mar 15 2010 01:42 Dec 07, 2011 Jkt 019060 PO 00000 Frm 00002 Fmt 7634 Sfmt 0634 E:\CR\FM\K06DE7.049 H06DEPT1 jbell on DSK7SPTVN1PROD with HOUSE December 6, 2011 CONGRESSIONAL RECORD — HOUSE H8139 driving innovation, driving cre- SQUARING SOCIAL SECURITY AND yet been placed before Congress by ation, leading to entirely new multi- THE PAYROLL TAX CUT linking the cost of Social Security to million-dollar industries, and trans- The SPEAKER pro tempore. The the benefits that it provides. H.R. 3551 forming how we live and work for the Chair recognizes the gentleman from would give every American the choice better. California (Mr. MCCLINTOCK) for 5 min- of paying a lower payroll tax each year Computer science education prepares utes. in exchange for working a month students for the jobs of the future by Mr. MCCLINTOCK. Madam Speaker, longer. That’s all it would take to pay engaging and preparing them for ca- topping the list of unfinished business for itself—a month’s delay in retire- reers in high-paying occupations. But this year is the impending collision of ment for a year’s worth of tax relief. our education system is not currently two closely related crises: the expira- For the first time, individuals can producing enough graduates in com- tion of the payroll tax and the accel- make this choice to pay a lower payroll puting sciences and IT fields to meet eration of Social Security’s bank- tax based on their own circumstances the growing needs of the industry. In ruptcy. without further undermining the fiscal fact, the current pipeline of computing Last year, Congress voted for a pay- integrity of the Social Security system graduates will only fill 52 percent of roll tax cut that averages roughly or the financial security of those rely- the projected jobs. The other 48 percent $1,000 for every working family in ing on that system. For the first time, will either have to be filled elsewhere America. As warned, it failed to stimu- costs and benefits would be linked in a in the world or go unfilled. late and it acceler- manner that all consumers can under- If the U.S. is to continue to discover stand and judge for themselves based and develop the innovations that have ated the collapse of the Social Security system; but, as promised, it threw on their own circumstances. created new industries and transformed In a difficult year like this, I think others, we need to ensure a healthy every working family a vital lifeline in very tough economic times. most families would rather save the computer science workforce that’s extra tax and work the extra month. In skilled and large enough to meet our We need to meet three conflicting ob- jectives: We need to continue the pay- better times ahead, they may choose to growing needs. Women and many mi- pay the extra tax to maintain their re- nority groups are currently underrep- roll tax cut; we need to stimulate real economic growth; and we need to avoid tirement . But it will be their resented among computing and IT pro- choice based on their needs, their fessionals as well as students, depriv- doing further damage to the Social Se- plans, and their best judgment, and not ing the Nation of a potential skilled curity system. the government’s. And by linking costs workforce and of the innovation that First, we need to understand that not with benefits, it will protect the long- results from diverse teams. all tax cuts stimulate lasting economic If we don’t address the issues causing growth. Cutting marginal tax rates term actuarial soundness of the Social too few students to take computer does so because it changes the incen- Security system, a fact that the Social science education classes in kinder- tives that individuals respond to; cut- Security system’s chief actuary has garten through 12th grade, as well as ting inframarginal tax rates, such as confirmed. college, our pipeline and our Nation’s the payroll tax, does not. But that pay- I’m excited to cosponsor Mr. future will be compromised. That’s roll tax cut did make a huge difference LANDRY’s bill and strongly and enthu- why I’ve introduced the Computer in the ability of working families to siastically recommend it to the mem- Science Education Act, which will help make ends meet in a time of declining bership of the House and to the leader- ensure that American students not family incomes and steadily rising ship. Mr. LANDRY has done an enor- only use technology, but also learn the . To restore that payroll tax rate mous service to every retiree who de- computing skills to invent technology today, given the economic pressures on pends upon the Social Security system, needed to grow and drive our economy. working families, is simply unthink- as well as to every working family I look forward to working with my col- able. struggling in America, by preserving the fiscal integrity of the system while leagues to include this piece of legisla- b 1020 tion in the Elementary and Secondary at the same time giving every Amer- Yet at the same time, the payroll tax Education Act reauthorization. ican a choice that links the tax they Computer Science Education Week is what supports the Social Security pay to the benefits they receive. And was established in 2009 by the Com- system. Last year, that system entered it’s an option they can exercise every puting in the Core Coalition to honor a state of permanent deficit, and this year without fear that a future con- Grace Murray Hopper, a pioneer in condition will worsen until the Social gressional act or failure to act might computer science who engineered a new Security system bankrupts in 2036. At sock them with a tax increase they programing language and developed that moment, every retiree will suffer can’t afford or hasten the collapse of a standards for computer systems to lay a sudden and permanent drop in bene- system that many depend the foundation for many advances in fits of roughly 25 percent. upon for their economic survival. computer science from the late 1940s Further reducing the revenues into f through the 1970s. The U.S. House of that system will hasten this day of reckoning. Just as bad, in the inter- CUBS GREAT RON SANTO ELECTED Representatives has recognized Com- TO HALL OF FAME puter Science Education Week in the vening time the expanding Social Secu- second week of December over the past rity deficit will heap growing burdens The SPEAKER pro tempore. The 2 years. on the Nation’s already staggering pub- Chair recognizes the gentleman from Computer Science Education Week is lic debt. Now, some have proposed pay- Illinois (Mr. QUIGLEY) for 5 minutes. a collaborative activity of Computing ing for the inframarginal payroll tax Mr. QUIGLEY. Madam Speaker, in in the Core, a nonpartisan advocacy co- cut that doesn’t help the economy with case you were wondering, that noise alition. Its core partners are: the Asso- a marginal tax hike that actually you heard from above yesterday morn- ciation for Computing Machinery, harms the economy. Surely we can do ing was an old third baseman clicking Microsoft, Google, Computer Science better than that. Actually, Congress- his heels. Finally, on Monday morning, Teachers Association, the National man LANDRY of Louisiana has done bet- Ron Santo was inducted into the Na- Center for Women and Information ter, and I commend his proposal to the tional Baseball Hall of Fame. Technology—which is based in my dis- attention of the House. It avoids dam- Now, most people knew Ronnie as the trict in Colorado—IEEE Computer So- aging the Social Security fund while at nine-time All-Star and the five-time ciety, the Computing Research Asso- the same time offering families contin- Golden Glove winner, one of the top ciation, the College Board, and many, ued relief from crushing payroll taxes. hitters of his era, and the third base- many others. His measure, H.R. 3551, the Social Se- man on the Top 10 list in every statis- I encourage my colleagues to join me curity Preservation Through Indi- tical category. And many people knew in acknowledging the importance of vidual Choice Enhancement (or Ronnie as the lovable voice of the Chi- computer science for our future by rec- SSPICE) Act, constitutes the most re- cago Cubs, with whom we cheered ognizing Computer Science Education alistic and innovative approach to every home run, moaned every dropped Week this week. these twin and related crises that has fly ball, and laughed at life’s most

VerDate Mar 15 2010 01:42 Dec 07, 2011 Jkt 019060 PO 00000 Frm 00003 Fmt 7634 Sfmt 0634 E:\CR\FM\K06DE7.003 H06DEPT1 jbell on DSK7SPTVN1PROD with HOUSE H8140 CONGRESSIONAL RECORD — HOUSE December 6, 2011 human moments in the booth, includ- I never had the honor to know Cody cording to the Congressional Budget ing a burning hairpiece. Norris personally, but I stand here Office and Senator JOHN MCCAIN’s eco- But for many years on the field, peo- today humbled by the fact that he and nomic adviser, Mark Zandi, unemploy- ple didn’t know that while racking up the hundreds of thousands of American ment insurance is one of the most ef- 342 home runs and hitting more than troops serving in our Armed Forces are fective forms of economic , 1,300 RBIs, Ronnie was struggling with willing to sacrifice so much so that we generating $1.64 for every $1 we invest diabetes. That’s because Ronnie ac- may sleep peacefully under the blanket in insurance. Failure to complished all of this from the roster, of freedom that they provide. extend will re- not the disabled list, despite his phys- As a former naval aviator, I know all duce the by ical struggles. too well the sacrifices families make to nearly 1 percent and, by reducing eco- Ronnie wanted to be a great player, support their loved ones who serve in nomic activity, could put as many as 1 not a great player ‘‘under the cir- harm’s way. Cody Norris and his fam- million Americans out of work at a cumstances.’’ He fought hard on the ily, and the thousands of other families time when we’re trying to expand the field for his team, and courageously in who have lost loved ones in the defense economy. private for his health. He raised $60 of our country, have paid the ultimate With respect to domestic clean en- million and a lot of hope for juvenile for our freedom. For them, in ergy production, renewing these incen- diabetes research and inspired many to many ways, the war never ends. tives will sustain one of the few private persevere against the odds. America can never repay the debt we sector success stories we’ve witnessed Ronnie died too soon, exactly 1 year owe to Cody Norris and his family, but during the Great . Since 2007, ago this week. I wish he had lived to we can honor his family and his eternal the number of jobs in the American see this, but I know that he and Harry contributions to our liberty. Madam wind industry has grown 70 percent. So are sharing an Old Style together and Speaker, Cody Norris is a true Amer- today there are as many wind energy toasting to their favorite team. Here’s ican hero, and a grateful Nation says jobs as there are in the coal industry. to number 10, Ron Santo. Go Cubs. thank you. The number of solar industry jobs dou- f bled since 2007 to more than 100,000 f ARMY PRIVATE FIRST CLASS Americans. This surge in domestic CODY R. NORRIS b 1030 clean energy is a direct result of the 1603 Treasury Grant Pro- The SPEAKER pro tempore. The EXTEND THE PAYROLL TAX CUT, gram to support clean energy activity. Chair recognizes the gentleman from UNEMPLOYMENT INSURANCE Madam Speaker, as we continue to Texas (Mr. OLSON) for 5 minutes. AND DOMESTIC RENEWABLE EN- debate these expiring tax and benefit Mr. OLSON. Madam Speaker, I rise ERGY TAX INCENTIVES provisions, I’d caution my colleagues today to pay tribute to Army Private The SPEAKER pro tempore. The against holding them hostage to ad- First Class Cody R. Norris, who was Chair recognizes the gentleman from vance some extreme ideological agen- killed on November 9 during combat Virginia (Mr. CONNOLLY) for 5 minutes. da. Last week, the Senate minority operations in Kandahar Province, Af- Mr. CONNOLLY of Virginia. Madam leader brought legislation to the floor ghanistan. Speaker, all of us join with our col- which would have slashed Federal em- Cody was a proud Bulldog, a 2010 league in honoring that fallen hero. ployee and benefits while arbi- graduate of La Porte High School in La Madam Speaker, Congress must act trarily downsizing the Federal work- Porte, Texas. He was in Junior ROTC, force. a member of the Color Guard and the now to extend the payroll tax cut, un- employment insurance, and domestic As the Bureau of Labor Statistics Rifle Team. He was also a member of noted, public sector employment con- the Military Museum. renewable energy tax incentives. The effects of the continue tinues to shrink by tens of thousands Cody deployed to Afghanistan while of jobs. A job is a job, whether it’s in he was assigned to Alpha Company, 2nd to linger in this economy, which is why a more robust recovery has not yet the public sector or the private sector. Battalion, 34th Armor Regiment, 1st One is not better than the other. Infantry Division—the Army’s oldest taken root. Our efforts in the last Congress, If Republicans had not been success- division, the ‘‘Big Red One’’—in Fort ful in cutting 535,000 public sector jobs Riley, Kansas. through the Recovery Act and the Job Creation Act at the end of last year, in this country, unemployment would He was a typical American teenager. actually be 0.35 percent lower. It would provided what momentum we actually He enjoyed working on his 1952 M37 be down to 8.25 percent today, not 8.6. have. The official unemployment rate Army truck that he drove to and from Cutting Federal employee pay and has now fallen to 8.6 percent as a result school. He was a Texan who enjoyed slashing the workforce would actually of 120,000 new jobs created just last paintball, deer hunting, playing video undermine the economic benefits of the month. That’s the lowest level in more games, and yes, hibachi food. payroll tax extension and the economic than 2 years and marks 21 consecutive Cody’s lifelong dream was to join the benefits we’ve all worked so hard to months of private sector job growth. Army. His time in Junior ROTC in high create. school motivated him to enlist in the But these gains will be at risk if Con- Similarly, we should reject attempts Army to serve his country. gress fails to extend the payroll tax to tie these economic recovery actions He always put others before himself cuts, domestic clean energy incentives, with partisan proposals to gut the and did so with a smile on his face and and unemployment benefits before the Clean Air Act. Republicans in the a kind word for those around him. He end of this year. House already have tried to pass 172 vi- had a gift for winning people over with The payroll tax cut provides the av- ciously anti-environmental bills, rid- his caring personality and always man- erage American worker $1,000 to spend ers, and amendment in this body this aged to cheer up those around him. or invest every year, having a positive year alone. Now, some in the Repub- Cody’s mother said that he lived life impact throughout the economy. Eco- lican Caucus have suggested pairing on his terms and always did what he nomic analysts at Barclays estimate the Clean Air Act repeals with an ex- believed was right, regardless of trends that the payroll tax cut alone will add tension of the payroll tax cut, a Faust- or what other people thought. He was another 1 percent to gross domestic ian bargain at best, Madam Speaker. well liked by his platoon mates and product growth, $250 billion in eco- Repealing these Clean Air Act stand- gained the admiration of others by con- nomic activity throughout the United ards for industrial boilers, for example, stantly carrying more than his fair States. Conversely, if we fail to extend would cost the U.S. economy $21 billion share. According to his brother Mi- that payroll tax cut, 160 million Ameri- to $52 billion per year in higher health chael, now a cadet at West Point, in cans will be facing a tax increase in care costs, real costs to the economy. Cody’s last battle, when his platoon January. Not surprisingly, some even have was attacked, he was carrying extra Similarly, 1.3 million Americans who proposed expediting approval of the ammunition. When he was killed, that are trying to get back into the work- Keystone XL pipeline in exchange for extra ammunition ultimately helped force will see their unemployment ben- the payroll tax extension. Again, we al- save his fellow soldiers, his friends. efits cut unless we renew them. Ac- ready have pipelines from Canadian tar

VerDate Mar 15 2010 01:42 Dec 07, 2011 Jkt 019060 PO 00000 Frm 00004 Fmt 7634 Sfmt 0634 E:\CR\FM\K06DE7.004 H06DEPT1 jbell on DSK7SPTVN1PROD with HOUSE December 6, 2011 CONGRESSIONAL RECORD — HOUSE H8141 sands into America. According to inde- This week, hopefully, we’re going to Protection Bureau. And while our rules pendent economic analyses, the Key- pass a regulatory reform bill called the don’t allow us to meddle much in the stone pipeline could increase exports of REINS Act, whereby any new proposal Senate activities, I do want to spend a Canadian oil, not to the United States, that’s going to cost our economy over minute or two just talking about the but to China. I want to keep that oil $100 million by a Federal agency would importance of the nomination and con- here in this economy if we’re going to have to come back for an up-down vote firmation of Richard Cordray and the build that pipeline. by the . I think importance of the Consumer Financial Madam Speaker, the Republican that puts accountability on our Fed- Protection Bureau, and talk a little bit leadership’s legislative sausage would eral agencies. about the background of why we have a shock Upton Sinclair, who wrote ‘‘The Number three, we need to pass some Consumer Financial Protection Bu- Jungle’’ 100 years ago. He said, It’s dif- tax reform. Unfortunately, in 121⁄2 reau. ficult to get a man to understand months we’re going to see the largest— The purpose of the Consumer Finan- something when his depends on under current law—the largest tax in- cial Protection Bureau is to promote a his not understanding. crease in American history. That is not fair, honest, and transparent - Instead of wrapping special the proper way to go. That puts a cloud place to help consumers compare cost, policy-riders and polluter giveaways over the certainty and providing con- benefits, and risk of consumer finan- into a tax-extender package, Congress fidence for our businesses to want to cial products. Consumer financial prod- should focus on those policies which grow their businesses knowing that ucts are perhaps among the most com- are demonstrated job creators: payroll they’re looking at the largest tax in- plicated products that consumers have tax cuts, domestic clean energy incen- crease in American history. to deal with; credit card terms, mort- tives, and unemployment insurance ex- Fourth, we need an energy policy gages, and the kinds of things that re- tension. that encourages the development of re- sulted in a financial meltdown in our The economic recovery is too fragile, sources here in our country. We’re ex- economy. Madam Speaker, to risk on the higher porting almost $1 trillion a year and Now prior to the passage of the Dodd- health care costs, higher gas prices, many, many jobs overseas for energy. Frank Act, there was, in every one of and economic hardships that some of We don’t need to be doing that. the regulatory bodies, a responsibility these Republican proposals would oth- We’ve passed, on a bipartisan basis, to deal with consumer protection. Un- erwise create. our jobs plan. We currently have 25 fortunately, none of those agencies had f bills that we’ve passed on a bipartisan consumer protection and education as basis that would restore confidence and their highest priority. All of them were MAKING A DIFFERENCE BY FIXING looking at—not very well, I will say to THE ECONOMY get this economy moving in the regu- latory reform areas and the budget. you—the safety and soundness of the The SPEAKER pro tempore. The I want to highlight the one at the top financial industry, the banks and var- Chair recognizes the gentleman from of the list, H.R. 872. That’s a bill that ious components of the financial indus- (Mr. GIBBS) for 5 minutes. I brought to this floor in March that try. And generally, they interpreted Mr. GIBBS. Madam Speaker, in about passed by a bipartisan supermajority, safety and soundness to be, as long as 3 weeks I will mark the anniversary of nearly 300 votes. The thing that I don’t these institutions are making a big my first year in Congress. I ran for understand that’s very frustrating to , they are safe and sound. And Congress because I thought I could me, that bill, as with the other 24 bills, they turned their backs on the inter- make a difference. I was concerned have gone over to the United States ests of the consumer, not knowing that about the direction this country was Senate and they’re stacking up like if the consumers purchased a lot of headed and, like many of my col- cord wood. They haven’t been acted on. very bad mortgages and got themselves leagues, we thought we could make a I think the American people deserve into a lot of very bad financial trans- difference, and we are making a dif- to have a full, open debate on the floor actions, that that would cause the ference. But we are frustrated because of the on these whole system to come tumbling down. still, almost a year later, the economy bills and vote on them. They deserve So when we passed the Dodd-Frank is still in stagnation and many Amer- that. And that’s our jobs plan. And it’s bill, we put into the bill a provision to ican families are suffering. a jobs plan that moves us forward. create the Consumer Financial Protec- The way we fix the economy, in my I cannot implore enough that we tion Bureau so that there would be opinion, is we’ve got to restore con- need to have action on these bills that somebody in the Federal Government, fidence; and the way we do that is we will restore confidence and grow our some agency whose sole responsibility energize the American people. We re- economy. The future of our kids, the is to look out for the consumer; and of insert American innovation, entrepre- future of our country, our national se- course, a number of my colleagues, neurship, and the American spirit. curity is at stake; and we must pass both in the House and the Senate, have There’s four key areas I think to re- the jobs plan. been fighting this whole concept from store that confidence. One is we’ve got Spending more and growing day one. They don’t like the fact that to cut this . We’ve got government is not the answer. The an- there is a Consumer Financial Protec- to get our spending under control. We swer is commonsense regulatory re- tion Bureau, and they have vowed not passed a budget here in the House that form, tax reform, balanced budget, and to confirm any nominee that the Presi- cut almost $6 trillion over 10 years. an energy policy that develops and cre- dent sends over there to head this Unfortunately, the United States ates jobs here in America and moves us agency. The agency is doing good work Senate hasn’t passed a budget in over towards national security and already, but it needs a director. Despite not having a director, the 900-plus days. That’s not the way to get prosperity. our fiscal house in order. Consumer Financial Protection Bureau Additionally, when we passed our f has launched a number of initiatives, budget, we also put Medicare on a firm b 1040 most notably the ‘‘Know Before You reform plan so it’s here for the future. Owe’’ project which aims to simplify Number two, we need to have com- THE CONSUMER FINANCIAL mortgage disclosure forms and helps monsense regulatory reform. Right PROTECTION BUREAU students better understand the finan- now, in our $15 trillion economy, it’s The SPEAKER pro tempore. The cial aid process and repayment options. been reported that regulations are Chair recognizes the gentleman from These are things that are important to costing our economy $1.75 trillion an- North Carolina (Mr. WATT) for 5 min- consumers. They don’t necessarily nually. The Obama administration, by utes. make up the focus of financial entities, their own admission, has over 200 new Mr. WATT. Madam Speaker, later the big banks, the lenders, but our regulations in the pipeline that will this week, the United States Senate is whole is based on an cost over $100 billion annually, and scheduled to consider the President’s educated consumer. And when con- that’s by their own admission, so I hate nomination of Richard Cordray as the sumers get into bad transactions, we to think how much more it could be. person to head the Consumer Financial suffer, as we have in this financial

VerDate Mar 15 2010 01:42 Dec 07, 2011 Jkt 019060 PO 00000 Frm 00005 Fmt 7634 Sfmt 0634 E:\CR\FM\K06DE7.006 H06DEPT1 jbell on DSK7SPTVN1PROD with HOUSE H8142 CONGRESSIONAL RECORD — HOUSE December 6, 2011 meltdown. We have lost more wealth months to live. She beat the odds and cially low and, in turn, the price of from mortgages being under water fought to stay alive so that she could their exports into the United States, than from any other financial kinds of fight for her brother. Before her diag- American companies face an unfair dis- transactions. And if we had had a Con- nosis, Martina was a nurse, and she was advantage. American companies are sumer Financial Protection Bureau in also a veteran who served her country currently playing on an unlevel play- place when this calamity was taking in the 1992 Gulf war. ing field where their competitors are place, we wouldn’t be in the financial Martina’s illness eventually forced able to maintain a permanent sale on mess that we are in today. her to stop working for a living, but all the products they sell. As our f she continued to advocate for what was deficit increases with countries like important to her. In addition to her China, we lose American jobs. In fact, HONORING MARTINA CORREIA work on behalf of her brother, Martina the Institute released The SPEAKER pro tempore. The also was a leader of the National Black a study this fall showing that, between Chair recognizes the gentleman from Leadership Initiative on Cancer, where 2001 and 2010, the U.S. lost 2.8 million Georgia (Mr. JOHNSON) for 5 minutes. she advocated for a cure. Her mother, jobs, including nearly 62,000 jobs in my Mr. JOHNSON of Georgia. Madam Virginia Davis, died in April 2011 short- own State of Indiana, as a result of the Speaker, today I rise to honor Martina ly after her son, Troy Anthony Davis, expanding trade deficit with China. Correia, who passed away recently suffered defeat on his appeal. Martina The Senate has already acted on this from breast cancer. Martina was a cou- is survived by one son, Antone De’Juan issue. It passed the Exchange rageous and inspiring woman who Davis-Correia; two sisters, Kimberly Rate Oversight Reform Act in October. proved what President Obama has and Ebony Davis; and one brother, Les- The passage of this bill assures that often said, ‘‘In the face of impossible ter Davis. correcting unfair trade practices is not odds, people who love this country can It was an honor for me to know a Democrat or a Republican issue— change it.’’ For decades, Martina Martina and an honor for me to meet rather, it’s an American priority. Six- fought for human rights in defense of her mother and an honor for me to teen Republican Senators joined 47 her brother, who was sentenced to meet her brother. I’m comforted in Democrat Senators in voting for this death based on unreliable eyewitness knowing that she will reunite with her bill to counter the currency manipula- testimony that was later recanted. dear mother and with her brother, tion that is damaging our economic re- Martina’s brother, Troy Anthony Troy, as their lives are linked for all covery. In a time of too much partisan Davis, was on death row for 20 years eternity. bickering, we need to take the oppor- until his execution this year. Strong and fearless, fighting to the tunity to work together and stand up Thanks to Martina, people rallied very end without giving up or giving for American businesses and American around Troy’s case and began to really in, she fought a great fight. And now workers. That’s what we were sent here think about how it is that a society it’s time to rest for a little bit, to do. such as ours can execute a potentially Martina. You rest in peace. But rest In addition to the Senate-passed bill, innocent man. Inspired by Martina, a knowing that the movement to abolish we have a piece of legislation, which is diverse array of men and women in the the death penalty will continue, and waiting for a vote right here in the United States and from around the with your example at the top of our House, with 225 cosponsors of both Re- world, people like Amnesty Inter- minds, we will never give up until the publicans and Democrats. That’s more national’s Laura Moye; NAACP Presi- job is done. than a majority. The Currency Reform dent Ben Jealous; Reverend Raphael f for Fair Trade Act would allow the De- Warnock, pastor of the historic Ebe- partment of Commerce to counter im- nezer Baptist Church where the rev- b 1050 ports, made cheaper by currency ma- erend Dr. Martin Luther King, Jr., once TAKING ON CURRENCY nipulation, with a corresponding tariff. pastored; British MP Alistair Car- MANIPULATORS A nearly identical bill passed the michael; former President Jimmy Car- House last year with 348 votes. The ter; Pope Benedict XVIth; and a large The SPEAKER pro tempore. The support is here. We just need to take group of other distinguished leaders Chair recognizes the gentleman from this vote. from around the world whose names Indiana (Mr. DONNELLY) for 5 minutes. When I travel around north central are too numerous for me to recognize Mr. DONNELLY of Indiana. Madam Indiana, I often hear from small busi- at this time. These folks banded to- Speaker, I rise today because it has nesses and manufacturers on this issue, gether to fight for Troy Anthony been weeks since the bipartisan major- and they never ask that Congress guar- Davis’ life. ity in the Senate passed legislation to antee their success. They simply ask From her humble roots in Georgia, take on currency manipulators. Weeks for a level playing field and to have the Martina led this international cam- have passed, and House leadership has rules the same for everybody. All they paign to save her brother and prove his refused to allow a stand-alone up-or- want is a fair fight. innocence. Martina advocated for jus- down vote on currency manipulation So, today, I echo my request from 2 tice and fought to save her brother’s legislation right here in the House of months ago to the House leadership: It life. And in so doing, she became a Representatives. Legislators from both is time. It is time for bipartisan legis- death penalty abolitionist in the move- sides of the aisle talk about the impor- lation that addresses currency manipu- ment to move America to renounce and tance of creating jobs every day. Why lation and to have a vote on it here in abolish the death penalty, whereupon wouldn’t we take this opportunity to the House of Representatives—a stand- America could finally join the ranks of work together to not only create jobs alone up-or-down vote. the other industrialized nations of the but to also protect the good-paying As I said then and as I’ll say again to world that have barred the use of this jobs we already have here in America? our House leadership: Who do you barbaric form of punishment. Recently, the Peterson Institute for stand with, the Chinese Government or She became an international human concluded the American workers? It is time to rights advocate, and it will, in part, be that China’s currency is undervalued stand up for our country—for all of the due to her efforts that we will one day by 24 percent against the dollar. That people who work in our country and for cheer the abolition of the death pen- means that America’s manufacturers all of our citizens. Let’s have a vote. alty in this country. I will remember are competing with Chinese manufac- f and thank Martina when we reach that turers who are enjoying a permanent 24 milestone in our development as a Na- percent off sale. Isn’t it time to do SMART SECURITY: A BETTER IN- tion and as a people. something about these problems, prob- VESTMENT THAN 10 YEARS OF Martina fought this battle for her lems that are damaging the U.S. econ- WAR IN AFGHANISTAN brother while fighting her own battle omy, and to stand up for American The SPEAKER pro tempore. The with breast cancer. You see, she was di- manufacturers? Chair recognizes the gentlewoman from agnosed with breast cancer 11 years When countries are allowed to keep California (Ms. WOOLSEY) for 5 min- ago, and at that time, she was given 6 the values of their artifi- utes.

VerDate Mar 15 2010 01:42 Dec 07, 2011 Jkt 019060 PO 00000 Frm 00006 Fmt 7634 Sfmt 0634 E:\CR\FM\K06DE7.008 H06DEPT1 jbell on DSK7SPTVN1PROD with HOUSE December 6, 2011 CONGRESSIONAL RECORD — HOUSE H8143 Ms. WOOLSEY. Madam Speaker, this granted the woman an unconditional PLEDGE OF ALLEGIANCE week, representatives from several na- pardon—she will be released from pris- The SPEAKER. Will the gentleman tions will meet in Bonn, Germany, to on without having to spend her life from Tennessee (Mr. FLEISCHMANN) discuss the future of Afghanistan. The with her attacker. come forward and lead the House in the Bonn Conference comes exactly 10 It’s a relief that moral decency pre- Pledge of Allegiance. years after the first Bonn Conference, vailed in this one case; but the fact Mr. FLEISCHMANN led the Pledge of which established the Karzai govern- that this qualifies as a human rights Allegiance as follows: ment. So right now is the perfect mo- victory in Afghanistan reveals just how I pledge allegiance to the Flag of the ment to assess and reflect on where we far we have to go. There are many United States of America, and to the Repub- are and where we’re going in Afghani- more Afghan women like her who suf- lic for which it stands, one nation under God, stan. fer humiliation every single day, who indivisible, with liberty and justice for all. By any measure, Madam Speaker, have no control over their destinies. f the war we have been waging in Af- The true measure of American leader- WELCOMING REVEREND BRYAN ghanistan for the last decade has been ship is what we do to help these women THIESSEN a failure. Our hard-earned tax dollars and so many other Afghans who want The SPEAKER. Without objection, have been tragically wasted on a policy nothing more than to live a decent life the gentleman from Pennsylvania (Mr. that has projected the worst image of of hope, freedom, and relative comfort. MURPHY) is recognized for 1 minute. America to the rest of the world. It has We won’t help by extending a war that undermined our and damaged There was no objection. has already failed these people and has Mr. MURPHY of Pennsylvania. Mr. our national security—and let’s not violated our most fundamental values. Speaker, I would like to introduce to- forget the human cost. More than 1,800 It’s time to bring our troops home and day’s guest chaplain, Pastor Bryan American families will sit at their ta- to make the transition to SMART Se- Thiessen of the Journey Assembly of bles over the holiday season—tables curity now. God Church in Bridgeville, Pennsyl- with a person missing. If we want to f vania. eliminate fallen warriors, we must RECESS Since the first House chaplain was bring them home while they’re still elected by Congress in 1789, it has been alive. The SPEAKER pro tempore. Pursu- tradition for a prayer to open the Hopefully, the Bonn Conference will ant to clause 12(a) of rule I, the Chair House’s daily floor proceedings, and I pivot us to the next phase of our Af- declares the House in recess until noon thank the Office of the Chaplain and ghanistan engagement: from military today. the Reverend Patrick Conroy for allow- occupation to constructive partner- Accordingly (at 11 a.m.), the House ing Pastor Bryan Thiessen to have the ship, from waging war in Afghanistan stood in recess until noon. opportunity to continue this tradition to helping in the spirit of peace and f and lead us in prayer. friendship. Ten years after we sup- AFTER RECESS Pastor Thiessen joined the posedly liberated them, the people of Bridgeville community in April of 2011, Afghanistan have enormous humani- The recess having expired, the House along with his wife, CaRanda Thiessen, tarian needs. We need to help them re- was called to order by the Speaker at and has been a driving force in improv- build their infrastructure, strengthen noon. ing the community since the moment their democracy, and safeguard the f he stepped foot in southwestern Penn- rights of their people, all of which can PRAYER sylvania. During Pastor Thiessen’s ten- be done for pennies on the dollar com- ure, he has seen his parish grow in size, pared to spending military dollars. In Reverend Bryan Thiessen, Journey which can directly be attributed to the short, we need the SMART Security Church, Bridgeville, Pennsylvania, of- exceptional work he has done in lead- approach that I’ve been advocating for fered the following prayer: ing his church. He has also been elected years. Father, we thank You for this Na- president of the Bridgeville Ministers In Bonn, President Karzai is saying tion, Your love, and, most of all, Your Association, where he leads that Afghanistan will require foreign forgiveness of sins. Bridgeville-area churches, nonprofit economic assistance for at least the We acknowledge, as Scripture states organizations, and community out- next 10 years. The estimated cost of $10 in James 1:5, that You are the giver of reach events. He also serves as the billion a year, which sounds like a lot all wisdom. May You give these men Christian education director of the for that support, makes you realize, and women, whom You have placed in Southwest Metro section of the Assem- however, that we’re spending at least leadership over this Nation, Your wis- blies of God. As director, Pastor that much, probably more, every dom in all their deeds and discussions. Thiessen guides 35 churches in Chris- month in Afghanistan. As a nation, we According to Romans 13, ‘‘Let every- tian education programs and ministries should eagerly embrace the responsi- one be subject to the governing au- in the southwestern Pennsylvania re- bility to make these relatively modest thorities, for there is no authority ex- gion. investments in nonmilitary aid to Af- cept that which God has established.’’ I especially thank Pastor Thiessen ghanistan. It’s the right thing to do, May these here be good stewards of and members of his parish for making and in the long run, we’ll discover it’s this responsibility, leadership, and the trip to Washington this morning. a far greater investment than 10 more Your gift of freedom for our Nation. The House is very pleased to have all of years of war. We ask for Your special protection them, and we are excited to hear the The past 10 years of war have done over our military and blessing for their words of the Lord he has chosen to little to improve the lives and to ad- families. We pray for our enemies, as share with us today. vance the rights, for example, of Af- You instruct us in Matthew 5:44. May f ghan women. Many of us are familiar their plans be thwarted, and may they with the story of the Afghan woman come to the love and grace that You ANNOUNCEMENT BY THE SPEAKER who was raped and then impregnated offer. PRO TEMPORE by a male relative when she was 19 In the only name through whom man The SPEAKER pro tempore (Mr. years old. She was then sent to jail for can be saved, Jesus Christ. Amen. FITZPATRICK). The Chair will entertain the crime of adultery. Her initial sen- f up to 15 further requests for 1-minute tence was 3 years; then, after a second speeches on each side of the aisle. THE JOURNAL trial, it was increased to 12 years, but f a judge offered her clemency under one The SPEAKER. The Chair has exam- condition—she had to marry the man ined the Journal of the last day’s pro- THE REINS ACT who raped her. At long last, Madam ceedings and announces to the House (Mr. WILSON of South Carolina Speaker, after a petition drive orga- his approval thereof. asked and was given permission to ad- nized by the woman’s lawyer yielded Pursuant to clause 1, rule I, the Jour- dress the House for 1 minute and to re- 6,000 signatures, President Karzai nal stands approved. vise and extend his remarks.)

VerDate Mar 15 2010 01:42 Dec 07, 2011 Jkt 019060 PO 00000 Frm 00007 Fmt 7634 Sfmt 0634 E:\CR\FM\K06DE7.009 H06DEPT1 jbell on DSK7SPTVN1PROD with HOUSE H8144 CONGRESSIONAL RECORD — HOUSE December 6, 2011 Mr. WILSON of South Carolina. Mr. quire Americans to buy the new, spe- technology unless the White House Speaker, today the House will begin cial $3 government-approved light bulb. first certifies to Congress that Amer- consideration of the Regulations from Soon it will be against the law to sell ica’s missile defense will not be under- the Executive in Need of Scrutiny Act Thomas Edison’s incandescent light mined and that our technology will not of 2011, also referred to as the REINS bulb—the symbol of American innova- be proliferated. Act. This bill will require Congress to tion. Senator MARK KIRK of Illinois is approve any Federal regulation that This kind of government intrusion in blocking the Russian ambassador nom- will impact our economy by $100 mil- our lives has left many Americans in ination until the appropriate safe- lion or more. the dark about what’s next, and the guards exist that protect America’s The Small Business Administration government invasion into our lives is missile defense technology. I applaud estimates that regulations are costing only increasing. Since the Federal Gov- Senator KIRK’s efforts. our Nation’s citizens $1.75 trillion per ernment has taken the power to choose The NDAA is now in conference com- year. The current administration’s re- away from Americans, people are mittee. I urge the conferees to support port on Federal regulations listed over flocking to their local Wal-Marts to the HASC amendment and to safeguard 4,200 under development since last De- hoard the last of the incandescent light missile defense technologies that have cember and over 200 additional regula- bulbs. cost American taxpayers so much and tions proposed this year, costing con- Government controls so much of our that have helped protect America so sumers billions of dollars, destroying lives in the name that government is well. jobs. This fact is another example of smarter than we are; but for now, it’s f how out of touch the President is with turn out the lights—the party’s over HONORING UNIVERSITY OF TEN- the hardworking and deserving Amer- for Thomas Edison’s incandescent light NESSEE LADY VOLS BASKET- ican families. It is time for Congress to bulb. BALL COACH, PAT SUMMITT And that’s just the way it is. take action and stop the imposition of (Mr. FLEISCHMANN asked and was these job-killing policies that discour- f given permission to address the House age small businesses from growing and VOTER SUPPRESSION for 1 minute.) expanding. Mr. FLEISCHMANN. Mr. Speaker, (Mr. HOLT asked and was given per- In conclusion, God bless our troops, today I rise to recognize not only one mission to address the House for 1 and we will never forget September the of the greatest coaches of all time but minute and to revise and extend his re- 11th in the global war on terrorism. also one of the greatest people of all marks.) f time, the University of Tennessee Lady Mr. HOLT. Mr. Speaker, the national Vols basketball coach, Pat Summitt. FACTS ARE STUBBORN THINGS move to interfere with the voting Yesterday, Coach Summitt was (Mr. COURTNEY asked and was rights of eligible citizens is deliberate. named Sports Illustrated’s Sports- given permission to address the House In 2011 the number of States requiring woman of the Year, and there was no for 1 minute.) strict forms of government-issued IDs one more deserving than she. Not only Mr. COURTNEY. Mr. Speaker, Amer- has nearly quadrupled. Why the sudden is she the all-time winningest coach in ica’s third President, John Adams, increase? NCAA basketball history, having well once said, ‘‘Facts are stubborn things; Proponents claim that voter fraud is over 1,000 wins, including 16 SEC titles and whatever may be our wishes, our the driving force; yet there is no evi- and eight national championships, but inclinations, or the dictates of our pas- dence of this kind of deception. What she is also an exemplary role model for sion, they cannot alter the state of do they think? That there are droves of the students she coaches and is a shin- facts and evidence.’’ people sneaking across the southern ing ambassador for the university she Well, Mr. Speaker, the facts now border so they can vote or that there represents. show that the health care reform law is are 15-year-olds trying to sneak into Earlier this year, Coach Summitt working for America’s seniors. This voting booths, and so we’ve got to card was diagnosed with early onset demen- morning, CMS released figures that them? This is simply discrimination tia, Alzheimer’s type. While the news show that 2.7 million seniors saved $1.2 masquerading as orderly government. would be unbearable for many to take billion in 2011 with lower prescription The Brennan Center for Justice esti- at such a young age, Coach Summitt drug costs because the health care re- mates that one in 10 eligible registered has stayed on the sidelines and con- form law is closing the prescription voters does not have the forms of ID tinues to coach the Lady Vols. She is, drug doughnut hole; 28,500 in Con- that are acceptable under these ex- again, leading by example and is show- necticut, 5,560 in my district, the Sec- panding State laws. We can’t stand by ing her players that, while life is full of ond Congressional District. The report and let big money and special interests obstacles, you can continue to achieve also shows that 24 million seniors have manipulate the results of elections by success through hard work and dedica- used the annual checkup that the enacting 21st-century poll taxes. Poll tion. health care reform law now provides taxes were thrown out decades ago as Thank you, Coach Summitt. I am free of charge, a smarter, more intel- discrimination and contrary to proc- glad you represent my alma mater. Go ligent way to pick up disease and ill- esses. Big Orange. ness for our elderly. f f As President Adams once said, SAFEGUARD MISSILE DEFENSE PROTECT THE MEDICARE ‘‘Facts are stubborn things,’’ and the TECHNOLOGIES PROGRAM facts show the health care reform law (Mr. BROOKS asked and was given is working for America’s seniors. (Mr. BUCSHON asked and was given permission to address the House for 1 permission to address the House for 1 f minute.) minute.) b 1210 Mr. BROOKS. Mr. Speaker, during Mr. BUCSHON. Mr. Speaker, as a the House Armed Services Committee’s cardiothoracic surgeon, I stand here THOMAS EDISON’S LIGHT BULB— review of the National Defense Author- today to voice my concern about the OUTLAWED ization Act, or NDAA, I successfully impending cuts to the Medicare pro- (Mr. POE of Texas asked and was proposed a two-tier amendment to pro- gram. I implore the Congress to craft a given permission to address the House tect America’s missile defense tech- multiyear fix to the SGR—ideally, a for 1 minute.) nology. permanent fix. This is a real threat to Mr. POE of Texas. Mr. Speaker, free- Tier 1 bars the White House from giv- seniors across the country. Each year, dom of choice is under attack by Wash- ing the Russian Federation any Amer- the Congress continues to play politics ington. The government wants to con- ican hit-to-kill or other sensitive mis- with seniors’ access to quality care. trol the light in homes and businesses sile defense technology. Tier 2 bars the This must end. throughout America. A new law bans White House from giving Russia any Seniors, some of our most vulnerable the incandescent light bulb and will re- American non-sensitive missile defense citizens, may not be able to see the

VerDate Mar 15 2010 01:42 Dec 07, 2011 Jkt 019060 PO 00000 Frm 00008 Fmt 7634 Sfmt 0634 E:\CR\FM\K06DE7.013 H06DEPT1 jbell on DSK7SPTVN1PROD with HOUSE December 6, 2011 CONGRESSIONAL RECORD — HOUSE H8145 doctors of their choosing if Congress Mr. GINGREY of Georgia. Mr. Speak- of this groundbreaking way to deliver does not address this issue. According er, Medicare physicians are facing a 28 health care to our Nation’s folks. to the AMA, one in three physicians is percent cut come January 1, 2012, un- f limiting the number of new Medicare less this Congress acts to stop it. If left patients they see, and one in eight doc- alone, these cuts will force many phy- MEDICARE BENEFICIARIES AND tors is no longer taking new Medicare sicians to stop seeing Medicare bene- ACCESS TO CARE patients. That’s today. ficiaries, a move that could harm mil- (Mr. DESJARLAIS asked and was What is more disturbing than these lions of seniors who are in search of given permission to address the House immediate cuts is the fast approaching care. for 1 minute.) insolvency date. This is a critical prob- It is incomprehensible that congres- Mr. DESJARLAIS. Mr. Speaker, as lem. Ignoring the insolvency date of sional Democrats have already cut both a practicing physician and a Mem- 2024 puts our seniors’ care at risk, once Medicare provider rates as a way to ber of Congress, I have had numerous again, on an even larger scale than help pay for ObamaCare and that they discussions with patients and constitu- what we are facing today. again offered to cut provider rates dur- ents regarding how difficult it is for We cannot continue to bury our ing our debt negotiations this Con- Medicare beneficiaries to find access to heads in the sand. As a physician, on gress. care. behalf of my patients, let’s act now to Providers in my district and across Unfortunately, this dilemma will protect the Medicare program and en- this country have told me that if Con- only be exacerbated if Congress fails to sure access to quality care for Amer- gress continues to cut provider rates enact legislation by the year’s end for ica’s seniors. they won’t be able to see Medicare pa- the sustainable growth rate, the for- f tients, pure and simple. In fact, CMS mula in which physicians are paid for actuary Rick Foster has told us that HONORING LARIMER COUNTY treating seniors on Medicare. Without the cuts to hospitals in ObamaCare congressional action, physician reim- (Mr. GARDNER asked and was given alone will force 15 percent of these fa- bursement will be cut by 28 percent on permission to address the House for 1 cilities to close. The seniors in my dis- January 1, 2011, which will drastically minute.) trict tell me they can’t afford to lose hurt seniors’ ability to find medical Mr. GARDNER. Mr. Speaker, I rise their doctors. Let’s get a fix to this care. today to honor the 150th anniversary of problem done, and done permanently. For roughly 8 years, Congress has ap- Larimer County, Colorado. f plied a short-term fix to resolve these The first settlers arrived in 1858; and cuts. Republican doctors are com- Antoine Janis, who led the party, de- b 1220 mitted to enacting a permanent solu- clared the area of present-day Larimer THE BENEFITS OF HEALTH tion to the flawed SGR formula. Demo- County to be ‘‘the loveliest spot on ACCOUNTS crats had a chance to deal with this Earth.’’ Larimer County captures what issue during the passage of ObamaCare outsiders envision as Colorado’s true (Mr. BURGESS asked and was given but, instead, chose to cut roughly $525 beauty. The county is named after permission to address the House for 1 billion in Medicare. General William Larimer, an early minute and to revise and extend his re- Congress must have the courage to Denver settler and founder who was marks.) repeal the flawed SGR formula and cre- made the county’s namesake as a trib- Mr. BURGESS. Mr. Speaker, health ate a sustainable and reliable payment ute. savings accounts have been shown to schedule. From the farmlands, to the majestic lower health care costs and allow mountains, to the robust business sec- Americans to have more control over f tor, to the kind people, Larimer Coun- their money and their health care deci- HEALTH CARE REFORM ty is Colorado. sions. It is the sixth most populous county Recently the Bureau of Labor Statis- (Mr. FLEMING asked and was given in the State. While other areas of Colo- tics reported that 14 percent of all permission to address the House for 1 rado were settled and founded at the workers in the private sector now have minute.) prospect of gold and mining riches, access to a health savings account. The Mr. FLEMING. Mr. Speaker, nearly 3 Larimer County was different. It at- number of people with HSA-type ac- years ago, the President of the United tracted many settlers because of fertile counts rose to over 111⁄2 million in Jan- States stood in this Chamber and said lands and reliable water sources. uary, up from 10 million a year before we need health care reform to address Larimer County started as an agricul- and 8 million the year before that. ‘‘the crushing cost of health care’’ and tural area and continues to flourish in But, Mr. Speaker, health savings ac- to ‘‘strengthen Medicare for years to agriculture production today. Aside counts are at risk. Under the Afford- come.’’ from ag, Larimer County has a thriv- able Care Act passed in this House of Well, we got the President’s type of ing business and health industry, a March of 2010, by 2014 there will be a health care reform. Seniors had to help strong education system, picture-per- phase-in of what’s known as the med- pay for it, however, by removing $500 fect scenery, wonderful locations for ical loss ratio rules that may eliminate billion—a half trillion dollars—from outdoor recreation, and a top-tier re- the ability of HSAs to continue to Medicare in order to subsidize search university at Colorado State exist. It’s all in the hands of the Sec- ObamaCare. But guess what. That has University. retary of Health and Human Services, made Medicare even weaker. In my humble opinion, Rocky Moun- who, in the past, has not been favor- Today we’re trying to find billions of tain National Park in Larimer County ably disposed to HSAs. dollars to pay for another temporary is one of the most beautiful places in Now, Governor Mitch Daniels under- fix to Medicare reimbursement rates to the entire country and is the crown stands the power of consumer-directed ensure access by patients to their phy- jewel of our National Park System. It health care. Governor Daniels, when he sicians. Last year it cost $19 billion, is my honor to recognize Larimer came and talked to our Health Caucus and it will cost more in future years. County’s 150th anniversary on the a little over a year ago, talked about ObamaCare did not bend the cost House floor and acknowledge all that it his Healthy Indiana plan, a plan that curve down as it was promised; it just has to offer. in his State has allowed him to provide pushed the issue down the road. f for his State workers health care bene- Republicans are committed to get- fits that receive a positive approval ting the doc fix done and finding a per- A PERMANENT FIX TO STOP rating by 94 percent of his workers and, manent solution; but Medicare is run- MEDICARE PROVIDER CUTS at the same time, lowering costs by 11 ning out of money, and these fixes are (Mr. GINGREY of Georgia asked and percent. getting more expensive. It’s time to re- was given permission to address the This is the type of innovation that peal ObamaCare and replace it with re- House for 1 minute and to revise and the Affordable Care Act should have forms that truly strengthen Medicare extend his remarks.) fostered. Instead, it stands in the way for years to come.

VerDate Mar 15 2010 01:42 Dec 07, 2011 Jkt 019060 PO 00000 Frm 00009 Fmt 7634 Sfmt 0634 E:\CR\FM\K06DE7.014 H06DEPT1 jbell on DSK7SPTVN1PROD with HOUSE H8146 CONGRESSIONAL RECORD — HOUSE December 6, 2011 AMERICANS DISTRUST THE A recent study conducted in 379 cities physicians is more important than NATIONAL MEDIA nationwide by USAA and Military.com ever. The sad fact is we are not paying (Mr. SMITH of Texas asked and was ranked Oklahoma City as the number our Medicare providers enough to keep given permission to address the House one city for a second for mili- their doors open, much less accept new for 1 minute and to revise and extend tary retirees. Oklahoma City’s econ- patients. his remarks.) omy is boosted by a great combination In usual Washington fashion, past Mr. SMITH of Texas. Mr. Speaker, of veteran-owned businesses, defense Congresses have kicked the can down the Pew Research Center has found contracting companies, Federal work- the road; and if we don’t act before the that negative opinions about news or- ers, and Tinker Air Force Base. end of the year, physicians will face a ganizations now equal or surpass all- This study simply proves what Okla- 27 percent cut in their Medicare reim- time highs. In their poll, 66 percent of homans already know: Oklahoma is a bursement. those surveyed stated news stories are great place to live and to work. Okla- We need to come together and find a often inaccurate, and 77 percent think homa City has one of the lowest unem- better method to pay our Medicare that news organizations seem to favor ployment rates in the Nation and one physicians for the long term and in- one side over the other. And in a recent of the highest work ethics. Oklahoma clude it in a properly thought-out Gallup poll, Americans were asked how City is a great place to raise a family, health care reform. If we continue to much trust and confidence they have in start a new career or retire. allow these flawed policies, Medicare the mass media. A majority, 55 per- The vets who have chosen to live in patients will suffer, and we owe our cent, responded ‘‘not very much’’ or Oklahoma City are hardworking indi- seniors better. ‘‘none at all.’’ viduals with great skills, a great work Our seniors were made promises by Three years ago I started the Media ethic, and a love for our country. Mili- those that came before us serving you Fairness Caucus in Congress. This cau- tary retirees make long-lasting con- today, and I’m here to tell you that we cus helps encourage a free and fair tributions within their communities, will keep those promises. Taking up media as our Founders intended. The and they’re vital to our State’s suc- this important fix to health care before purpose of the caucus is not to censor cess. it’s too late will allow us to continue or condemn but to urge the media to My message to veterans across the to be the best Nation, a healthy Nation adhere to the highest standards of Nation who want to start a new busi- that we can be proud to leave our chil- their and to provide the ness or new career or find a new com- dren and our grandchildren. American people with the facts, bal- munity that honors vets for their serv- f anced stories, and fair coverage of the ice, you’re welcome to join us in Okla- b 1230 news. homa City. Our national media should be held f PROVIDING FOR CONSIDERATION accountable for their performance, just LOOMING CRISIS FOR OUR OF H.R. 10, REGULATIONS FROM like any other institution. We need to SENIORS THE EXECUTIVE IN NEED OF remind the media of their profound ob- SCRUTINY ACT OF 2011, AND FOR ligation to provide the American peo- (Ms. BUERKLE asked and was given OTHER PURPOSES permission to address the House for 1 ple with the facts, not to tell them Mr. NUGENT. Mr. Speaker, by direc- what to think. minute.) Ms. BUERKLE. Mr. Speaker, I rise to tion of the Committee on Rules, I call f call attention to a looming crisis for up House Resolution 479 and ask for its CONGRATS TO THE NIU HUSKIES our seniors. We are facing the very real immediate consideration. The Clerk read the resolution, as fol- (Mr. HULTGREN asked and was prospect of millions of Americans los- lows: given permission to address the House ing their access to health care pro- for 1 minute.) viders because of reductions in Medi- H. RES. 479 Mr. HULTGREN. Mr. Speaker, I rise care payments to physicians due to the Resolved, That at any time after the adop- today to congratulate the Northern Il- flawed Sustainable Growth Rate, SGR, tion of this resolution the Speaker may, pur- linois University Huskies football team formula. suant to clause 2(b) of rule XVIII, declare the Mr. Speaker, on January 1, 2011, the House resolved into the Committee of the for winning the 2011 Mid-American Whole House on the state of the Union for Conference championship. SGR formula will trigger a 27.4 percent consideration of the bill (H.R. 10) to amend Last Friday, the Huskies overcame pay cut across the board for Medicare chapter 8 of title 5, United States Code, to three first-half turnovers and a 20- physician services. According to the provide that major rules of the executive point deficit to defeat the Bobcats of AMA, in my home State of New York, branch shall have no force or effect unless a Ohio University with a last-second Mr. Speaker, the cut will amount to joint resolution of approval is enacted into field goal as time expired. The incred- $28,000 per physician. That loss makes law. The first reading of the bill shall be dis- ible win caps off another great season it harder for physicians to pay for of- pensed with. All points of order against con- fice staff, space, and equipment, which sideration of the bill are waived. General de- for the Northern Illinois University bate shall be confined to the bill and shall Huskies as they finished with a 10–3 translates, Mr. Speaker, to decreased not exceed one hour equally divided and con- overall record and now head to the access to care for many patients. trolled by the chair and ranking minority GoDaddy.com Bowl on January 8 to Many physicians have indicated that member of the Committee on the Judiciary. play Arkansas State. they will no longer accept Medicare pa- After general debate the bill shall be consid- Congratulations to the players, tients. Our seniors, Mr. Speaker, rely ered for amendment under the five-minute coaches, and support staff for all of the on Medicare, which they have paid into rule. In lieu of the amendment in the nature Huskies for another fantastic season. and has been there for them. of a substitute recommended by the Com- Go Huskies. Mr. Speaker, doctors want to provide mittee on the Judiciary now printed in the bill, the amendment in the nature of a sub- f care to our seniors, and we cannot stitute recommended by the Committee on allow Medicare payment cuts to pre- Rules now printed in the bill, modified by THE OKLAHOMAN: OKLAHOMA vent doctors from serving all of their CITY HAS MUCH TO OFFER MILI- the amendment printed in part A of the re- patients. Our doctors deserve better. port of the Committee on Rules accom- TARY RETIREES Our seniors deserve better. panying this resolution, shall be considered (Mr. LANKFORD asked and was f as adopted in the House and in the Com- given permission to address the House mittee of the Whole. The bill, as amended, for 1 minute and to revise and extend MEDICARE shall be considered as the original bill for his remarks.) (Mr. GOSAR asked and was given the purpose of further amendment under the Mr. LANKFORD. Mr. Speaker, I rise permission to address the House for 1 five-minute rule and shall be considered as read. All points of order against provisions today to praise the incredible people of minute.) in the bill, as amended, are waived. No fur- Oklahoma City and the wonderful com- Mr. GOSAR. Mr. Speaker, 10,000 older ther amendment to the bill, as amended, munity they’re building for our retired Americans are entering the Medicare shall be in order except those printed in part military veterans. system every day, so access to quality B of the report of the Committee on Rules.

VerDate Mar 15 2010 01:42 Dec 07, 2011 Jkt 019060 PO 00000 Frm 00010 Fmt 7634 Sfmt 0634 E:\CR\FM\K06DE7.017 H06DEPT1 jbell on DSK7SPTVN1PROD with HOUSE December 6, 2011 CONGRESSIONAL RECORD — HOUSE H8147 Each such amendment may be offered only the work that our Founders intended United States businesses every year. in the order printed in the report, may be of- this institution, the first branch, to do: The 2011 Federal Register, the rules fered only by a Member designated in the re- to regulate. that are contained within, cost Amer- port, shall be considered as read, shall be de- Mr. Speaker, I know that regulations ican employers $93 billion in compli- batable for the time specified in the report have been a buzz word up here in Con- equally divided and controlled by the pro- ance costs, which equals about 1.8 mil- ponent and an opponent, shall not be subject gress recently, and I think it has be- lion jobs. to amendment, and shall not be subject to a come so popular, so frequently dis- Think about everything that job cre- demand for division of the question in the cussed because people within the Wash- ators could do instead of spending hun- House or in the Committee of the Whole. All ington Beltway are finally starting to dreds of millions of hours filling out points of order against such amendments are wake up to the fact that those in my paperwork for the Federal Govern- waived. At the conclusion of consideration of home State of Florida have been tell- ment, all of the jobs that could be cre- the bill for amendment the Committee shall ing me since before I ever came here: ated if they weren’t spending money rise and report the bill, as amended, to the that regulations matter. The govern- House with such further amendments as may complying with regulations that Con- have been adopted. The previous question ment can’t really do much to actually gress hasn’t even put on them, but reg- shall be considered as ordered on the bill and create jobs or to physically put people ulatory agencies have. amendments thereto to final passage with- back to work. We might wish it were H.R. 10 really does ‘‘rein’’ in these out intervening motion except one motion to so, but we don’t have the magic job for- burdens. Instead of letting the White recommit with or without instructions. mulas on either side of the aisle that House decide what the regulations SEC. 2. During any recess or adjournment we can use to suddenly create millions should be, only allowing Congress to of not more than three days, if in the opinion of jobs for the nearly 9 percent of disapprove an executive’s action, H.R. of the Speaker the public interest so war- rants, then the Speaker or his designee, after Americans who are currently out of 10 flips the current system on its head. consultation with the Minority Leader, may work. What we can do is create an en- b 1240 reconvene the House at a time other than vironment where real job creators— that previously appointed, within the limits small businesses and private compa- The REINS Act says if the executive of clause 4, section 5, article I of the Con- nies—can gain access to capital and op- branch wants to impose a major rule, a stitution, and notify Members accordingly. erate with as much regulatory cer- rule that’s going to cost $100 million or SEC. 3. Clause 3 of rule XXIX shall apply to tainty as possible. more, then Congress, this body, needs the availability requirements for a con- Unfortunately, it’s hard to create to approve that rule before it has the ference report and the accompanying joint such an environment when the execu- force of law. statement under clause 8(a)(1) of rule XXII. tive branch is constantly churning out In 2010, according to the Congres- The SPEAKER pro tempore. The gen- one major regulation after another. Ac- sional Research Service, executive tleman from Florida is recognized for 1 cording to the Congressional Research agencies published over 100 major hour. Service, during his first 2 years in of- rules. These basically are rules that Mr. NUGENT. Mr. Speaker, for the fice, Federal agencies under the leader- went into effect simply because the purposes of debate only, I yield the cus- ship of the Obama administration pub- President said it was so. The REINS tomary 30 minutes to the gentlewoman lished over 175 major rules. These regu- Act says: no more. from New York (Ms. SLAUGHTER), pend- lations impose tens of billions of dol- Now, once the executive branch ing which I yield myself such time as I lars annually on our economy and on issues a rule, Congress needs to ap- may consume. During consideration of consumers. This is on top of the con- prove it, otherwise it never takes ef- this resolution, all time yielded is for tinuing burden of redtape that we are fect. It’s stunning that something so the purpose of debate only. already up against, which the Small simple, that Congress should make the GENERAL LEAVE Business Administration estimates to laws, can be so contentious. Mr. NUGENT. Mr. Speaker, I ask cost $1.75 trillion—$1.75 trillion—year- I’ve heard my colleagues on the other unanimous consent that all Members ly. side of the aisle say if Congress just may have 5 legislative days in which to The Federal Register is sort of like wrote better, more precise laws, the revise and extend their remarks. the daily newspaper of the Federal Executive wouldn’t need to regulate The SPEAKER pro tempore. Is there Government. It holds all Federal agen- through these rules. The problem is objection to the request of the gen- cy regulations, proposed rules and pub- that sometimes the executive branch tleman from Florida? lic notices, Executive orders, procla- agencies have shown they’re using There was no objection. mations, and other Presidential docu- their regulatory powers to circumvent Mr. NUGENT. Mr. Speaker, I rise ments. the legislative process. today in support of this rule, H. Res. According to the National Archives’ For example, after it was clear the 479. H. Res. 479 provides for a struc- Web site, you should read the Federal Senate wasn’t going to pass cap-and- tured rule so that the House may con- Register if, among other things, your trade, which really ought to be called sider H.R. 10, the Regulations from the business is regulated by the Federal cap-and-tax, the EPA just went ahead Executive in Need of Scrutiny Act. Government; if you’re an attorney; if and started regulating greenhouse The rule gives the House the oppor- your organization attends public hear- gases through the rulemaking process, tunity to debate a wide array of impor- ings; if you apply for grants; if you’re cutting Congress out of the process al- tant, germane amendments offered by concerned with government actions together. This year’s most expensive Members from both sides of the aisle. that affect the environment, health rule, the greenhouse gas/CAFE stand- Better known as the REINS Act, the care, financial services, exports, edu- ards, is estimated to cost $141 billion. underlying legislation is a pivotal bill cation, and other major policy issues. That’s greater than the entire GDP that would change the very way Wash- Reading this recommendation, it growth for the United States in the ington does business. sounds to me like they’re saying if first quarter of 2011. The REINS Act takes a step back and you’re an active and informed member We’re not all constitutional scholars. looks at our current regulatory proc- of the American public, you need to I’m certainly not. But if one thing is ess, where Congress passes broad, gen- know what’s in the Federal Register. clear, Congress is the one who makes eral laws and then lets the executive What they don’t mention is that the the laws. It’s not that Congress makes branch interpret and regulate them complete Federal Register is 72,820 the laws unless they don’t make the however they see fit. H.R. 10 brings us pages long. That’s over 145 reams of laws the President wants them to back to the vision that our Founding paper that contain regulations. To help make. The Regulations from the Exec- Fathers had for this Nation and for the put it in perspective, that’s 725 pounds utive in Need of Scrutiny Act brings us institution of Congress. It would en- of paper. And for my Floridian friends, back to the basic foundation of our sure that our three branches are co- that’s about three Josh Freemans, the government. It says that not only does equals, the way they were designed to quarterback for the Tampa Bay Bucs. Congress provide the legislative intent, be. H.R. 10 would hold Congress ac- Within these 73,000 pages of regula- but it also provides the legislative countable for setting America’s regu- tions are regulations that result in 120 oversight as the rule comes back if it’s latory policies. It makes Congress do million hours of paperwork burdens for a major rule that’s going to cost over

VerDate Mar 15 2010 01:42 Dec 07, 2011 Jkt 019060 PO 00000 Frm 00011 Fmt 7634 Sfmt 0634 E:\CR\FM\A06DE7.001 H06DEPT1 jbell on DSK7SPTVN1PROD with HOUSE H8148 CONGRESSIONAL RECORD — HOUSE December 6, 2011 $100 million to our businesses and citi- national issues that demand our atten- The last thing they want to do is ex- zens of this country. tion when we should focus on jobs? tend its reach into vast new areas of That’s what we’re designed to do, to There’s no doubt in my mind that in our government. make tough decisions. That’s why I’m addition to making our workplace, But the Rules Committee’s primary so proud to cosponsor this bill. It’s why food, water, and airplanes less safe, responsibility in relation to H.R. 10 is I’m proud to sponsor this rule, and it’s H.R. 10 would endanger our fragile eco- to ensure the integrity of the legisla- why I’m proud to vote for both the rule nomic recovery, impeding job creation. tive process in the House. In sending and the underlying legislation. Having the right amount of safeguards H.R. 10 to the House floor, the com- With that, I encourage all of my col- against bad behavior is part of what mittee failed its responsibility. The leagues to vote ‘‘yes’’ on this rule and has made this country so economically sheer volume of additional measures ‘‘yes’’ on the underlying legislation. successful. We all know it was only the House and Senate would be re- I reserve the balance of my time. after the financial sector was deregu- quired to consider should H.R. 10 be- Ms. SLAUGHTER. I thank my friend lated so much that we had a cata- come law is enough to force Congress for yielding me the customary 30 min- strophic housing crisis and the reces- to come back into the Capitol and utes, and I yield myself such time as I sion. Indeed, what regulation there was work in shifts. Otherwise, we would may consume. basically looked the other way. Indeed, never get it all done. Mr. Speaker, there’s a very dan- in 2008 the Bush administration itself Even though President Obama’s ad- gerous and cynical game being played estimated that benefits to the economy ministration has promulgated new in the House. Americans need jobs now; for major rules outweighed the cost by rules at a slower rate than the Bush ad- and instead of spending our time on job at least 21⁄2 to 1. Possibly as much as 12 ministration did in his last 2 years, the creation, the majority continues to to 1, they said. 100 or so new major bills on our sched- waste time focusing on bills like this Mr. Speaker, I would be remiss if I ule would mean we would have to take one that make it easier for polluters to did not explain the violence this bill up seven of them a day on every other spoil our air and water; make it easier does to the process of passing the laws, Thursday just to try to get it done. In- for big banks to take the kind of risk the process executing the laws, and the evitably, we could not finish it all; and that brought on our recession; and important constitutional principle of under this ridiculous bill, it means we make it easier for unsafe products from separation of powers. The practical re- would vote on the rest without debate. China to poison our children. sult of this bill’s new, additional steps b 1250 The majority seems to think if they in the regulatory process would be to repeat their message that Big Govern- grind the wheels of government to a If the Rules Committee had bothered ment is destroying jobs enough times, halt. to hold any hearings on the bill, maybe it will become true. But economic sur- Our system of government already the majority would realize how dras- veys and from the left, has checks and balances built in to tically H.R. 10 undermines the delib- right, and center say it’s all a made-up make sure that the regulations do erative process in this House. argument. Bruce Bartlett, an econo- what Congress says they should. That Finally, I want my colleagues to mist who worked in the Reagan and is why we have oversight committees. know that this rule deems passage of a first Bush administrations, writes that After Congress writes the laws, there nongermane amendment that was writ- ‘‘regulatory uncertainty is a canard in- are numerous statutes and executive ten by Mr. RYAN, the chairman of the vented by Republicans that allows orders that ensure an open process as Budget Committee. The Republicans them to use current economic problems an agency writes the regulations, re- made an embarrassing discovery at the to pursue an agenda supported by the quiring them to listen to the stake- Rules Committee last week. They real- business community year in and year holders and the public, to conduct cost- ized that the hundreds of new measures out. In other words, it is a simple case benefit analyses, and justify every as- the House will consider under this bill of political opportunism, not a serious pect of the proposed rule. Congress also would actually violate both their new effort to deal with high unemploy- continuously keeps an eye on the exec- CutGo rule and the pay-as-you-go stat- ment.’’ utive branch by exercising its author- ute that Democrats put in place. So My friends on the other side of the ization, appropriation, and oversight the Republicans had a choice: they aisle know this bill won’t create jobs. functions. Furthermore, entities whose could either violate the budget rules a And here’s how we know. When the bill activities are regulated have access to hundred times every year or just pass is considered for amendment, they will the courts. an amendment to make these embar- block an amendment that simply says When Congress last considered a rassing violations vanish. Which one do if the independent experts conclude a nearly identical bill in the 1980s, now- you guess they chose? rule will create jobs, it can go into ef- Chief Justice John Roberts, who was This rule includes a magic amend- fect without all these time-consuming then an associate White House counsel ment that makes all the budget viola- extra steps. Why would we want to in the Reagan administration, criti- tions go away in a big ‘‘poof.’’ But slow down a rule that could create tens cized the legislation for ‘‘hobbling here’s the best part: They’re using the of thousands of jobs? If this bill will agency rulemaking by requiring af- famous deem-and-pass procedure, create jobs, like the majority claims, firmative congressional assent to all which means the mystery amendment what’s the harm in saying the bill does major rules.’’ He said that such a re- will be automatically adopted and the not apply when it conflicts with the quirement ‘‘would seem to impose ex- House will never vote on the Ryan important goal of creating more jobs cessive burdens on regulatory agen- amendment. for Americans who are out of work? cies.’’ I guess after all we’ve seen this year, The majority cannot have it both Justice Roberts was right then, and it should not surprise me that last ways, Mr. Speaker. he’s right today. Congress writes the Tuesday the majority blocked our It has now been a full 336 days since laws. We rely on professionals and ex- amendment to strip the special tax Republicans took control of the House, perts—doctors, engineers, microbiolo- breaks from big oil companies sup- and they have yet to put a real jobs bill gists, statisticians, and so forth—to posedly because it was nongermane. on the floor. But as of today, they’ve spell out the details of those policies so That was Tuesday. On Thursday, they made time for 23 bills that would roll the law can be implemented and en- just ignored the germaneness rule for back protections for public health and forced in a way that makes sense. this budget amendment. safety. They provided ample floor time If this bill is enacted, those decisions But, most importantly, Mr. Speaker, to de-fund public radio; to make it will instead be made by Members of we’ve had 336 days of Republican con- easier for felons to carry concealed Congress with no or little expertise in trol of the House with no jobs agenda. weapons; and to reaffirm our national what they’re talking about. In addi- It is imperative that we extend the motto, which did not need reaffirming; tion, with the staffs we now have, it payroll tax cut and the unemployment and, of course, did we want to micro- would be an impossibility for us to able benefits before Congress leaves Wash- manage light bulbs. Why? Does the ma- to do it. Americans are sick of ington for the holidays. That is why I jority really think these are pressing Congress’s political gamesmanship. will amend this rule to require those

VerDate Mar 15 2010 01:42 Dec 07, 2011 Jkt 019060 PO 00000 Frm 00012 Fmt 7634 Sfmt 0634 E:\CR\FM\K06DE7.020 H06DEPT1 jbell on DSK7SPTVN1PROD with HOUSE December 6, 2011 CONGRESSIONAL RECORD — HOUSE H8149 votes if we defeat the previous ques- I hope that we can have bipartisan the voices that have been raised about tion. support on this very important piece of the jobs crisis in our country. These So I’m urging my colleagues on the legislation, the REINS Act. I urge my voices are speaking loud and clear. other side, please stop worrying about colleagues to vote for it. We should also listen to the quiet your campaign message and start get- Ms. SLAUGHTER. Mr. Speaker, I voices of desperation of so many Amer- ting the message: America’s top pri- yield 21⁄2 minutes to the gentleman icans who will sit down this Friday ority is job creation. from Massachusetts, a member of the night to try to pay their bills and find Let’s defeat this restrictive rule and Rules Committee, Mr. MCGOVERN. they have 70 cents worth of income for get back to work on jobs. Mr. MCGOVERN. Mr. Speaker, this every dollar’s worth of bills that they I reserve the balance of my time. Republican leadership is starting to have. Or the Americans who retired a Mr. NUGENT. Mr. Speaker, I yield 3 make me envious of the people of an- few years ago and thought that they minutes to the gentleman from North cient Rome, because although Nero were set for the rest of their lives but Carolina (Mr. MCHENRY). only fiddled while Rome burned, at are now looking at the want ads every Mr. MCHENRY. I thank my colleague least he did something. House Repub- day because they think they have to for yielding, and I am in favor of the licans, on the other hand, have brought get a job to continue to pay their bills underlying bill and the rule. yet another piece of legislation to this in their retirement. Or the quiet, anx- When I talk to small business owners floor that will do absolutely nothing, ious voices of small business owners in my district in western North Caro- not a thing, to address the number one who are thinking that maybe this Fri- lina, I hear very clearly that regula- issue facing our country—jobs. day will be the last Friday they keep tions and regulatory uncertainty is in Millions of Americans, through no their business open and they shut for fact costing jobs. It’s costing our econ- fault of their own, cannot find work. good. omy, and it’s making sure that unem- That means millions of families are These are the voices that should be ployment remains high, which is an ab- struggling to pay their bills, keep their heard in this country, and they’re not surd policy coming out of Washington. homes, and put enough food on the being heard by this majority. Well, I know from my small business table. And instead of facing this prob- Eighty-nine days ago, the President owners that regulations cost jobs. Even lem head on, Republicans here in Wash- of the United States came to this the Small Business Administration ington are turning a blind eye to the Chamber and proposed four good ideas here in Washington, D.C., says that needs of our neighbors. to put Americans back to work: Federal regulations cost $1.75 trillion You would think that with all the re- Build more roads and bridges and per year. That costs our economy, and cesses we take around here these days schools to put construction workers that is a major impact on our job cre- my Republican friends would hear from back to work—we haven’t taken a vote ators. We know that regulations cost their constituents about the still on that; Cut taxes of small business people jobs. struggling economy. I know that’s that hire people in the private sector— Now, some politicians in Washington what I hear about from the people of we haven’t had time to take a vote on that don’t understand business think Massachusetts. that their regulations create jobs. There are two things that we can and that; Take teachers and police officers and Well, they’re right; they create Federal must do before we for yet an- fire fighters who have been taken off jobs. They create more government other holiday recess: extend the pay- the job because of this economic dis- employees. They create more people roll tax cut and extend unemployment aster at the State and local level and creating more paperwork for those who insurance. By refusing to bring the put them back in the classroom, put are trying to move our economy for- payroll tax cut to the floor, the Repub- them back on the job—the majority ward. We need to relieve our small licans are risking tax relief for 160 mil- hasn’t had time to vote on that; and, businesses of this regulatory hurdle lion Americans while protecting mas- and the challenges that they face. finally, sive tax cuts for 300,000 people making Let’s avoid a tax increase of $1,000 a The Obama administration admitted more than $1 million per year. year or more on middle class families 1 year ago at this time that they had Extending and expanding the payroll that’s coming January 1, in 25 days, over 4,000 regulations that they were tax cut would put $1,500 into the pock- January 1—but the majority hasn’t had trying to put in place actively. Over 200 ets of the typical middle class family. time to vote on that. of these regulations cost $100 million or Hundreds of thousands of jobs are at We do have time today to vote on the more on the economy, seven of which risk. Even Mitt Romney has come out Temporary Bankruptcy Judgeship Ex- will cost $1 billion, a negative impact in support of extending the payroll tax tension Act of 2011. This is entirely ap- of $1 billion. These regulations, even cut. If he can take a position, Mr. propriate. Bankruptcy judges are very the Obama administration admits, cost Speaker, I would hope that the House busy in America today because when the economy money. And if they cost Republicans could do the same. And small businesses don’t have customers the economy money, they’re costing every dollar invested in unemployment and customers don’t have money in jobs. insurance yields a return of $1.52 in their pocket and people don’t have jobs This is the wrong approach, this reg- economic growth. Again, hundreds of to pay their bills, bankruptcy judges ulatory approach. What we need to say thousands of jobs are at risk unless we are very, very busy. is, if politicians in Washington think act. these regulations are in fact good, they So instead of those simple, effective b 1300 need to proactively vote on them. measures to improve our economy and It is one thing for the majority to op- When I go home and talk to small spur job creation, we have before us yet pose these ideas the President brought business owners, they wonder how another waste of time. It is time to put here 89 days ago—that’s their preroga- these regulations actually go into the people of this country first. I urge tive and their right—but it’s quite an- place. It’s faceless bureaucrats working my colleagues to reject this rule, and I other to refuse to even put these ideas behind desks in Washington that put urge them to vote against the under- up for a vote. them in place. Their elected officials lying bill. So I would say, Mr. Speaker, to all of here in Washington may be able to go Mr. NUGENT. I reserve the balance our colleagues on both sides of the home and say they’re against them, of my time. aisle, let’s take this moment. Let’s but they’ve never had to cast a vote. Ms. SLAUGHTER. Mr. Speaker, I am take this bill, let’s take this day to put What the REINS Act does is say that pleased to yield 3 minutes to the gen- on the floor of the House legislation the elected officials that come to tleman from (Mr. AN- that would postpone and cancel the tax Washington to represent their folks at DREWS). increase on middle class Americans home need to proactively put their (Mr. ANDREWS asked and was given that’s due in 25 days. stamp of approval or disapproval on permission to revise and extend his re- Let’s not have it. And let’s extend these regulations. That way we can get marks.) jobless benefits for those who are dili- this economy going again. That’s what Mr. ANDREWS. Mr. Speaker, the gently trying to find a job in this dif- we need to be about. Members of the House should listen to ficult economy. Let’s find time to do

VerDate Mar 15 2010 01:42 Dec 07, 2011 Jkt 019060 PO 00000 Frm 00013 Fmt 7634 Sfmt 0634 E:\CR\FM\K06DE7.022 H06DEPT1 jbell on DSK7SPTVN1PROD with HOUSE H8150 CONGRESSIONAL RECORD — HOUSE December 6, 2011 something for the American people American families deserve better ference between having a roof over today. leadership than this. Right now, Con- your head and living on the streets.’’ Mr. NUGENT. I continue to reserve gress should be doing everything in its He says: ‘‘I just hope you can encour- the balance of my time. power to create jobs, rebuild our age your fellow House Members to put Ms. SLAUGHTER. Mr. Speaker, I am schools and infrastructure, support our the livelihood of millions of Americans pleased to yield 3 minutes to the gen- small businesses, get our economy above their petty politics.’’ tlewoman from Connecticut (Ms. moving again. That means passing an Above the petty politics. That’s what DELAURO). extension and expansion of the payroll we’re facing right now. If we extend un- Ms. DELAURO. Mr. Speaker, while tax cut; that means passing an exten- employment insurance benefits, it’s this body wastes its time debating yet sion of the unemployment insurance not just good for John and his family; another bill that does nothing to cre- benefits. it’s not just good for the hundreds of ate jobs or help the middle class, the Working to create jobs, that’s our thousands of people that would lose American people are looking for action job. We do not have the luxury to their unemployment benefits over from us. We need to stop supporting waste America’s time catering to the 500,000 in January. It is also good for handouts for wealthy corporations and wealthiest interests in our society and the economy. Every dollar generates a pass an extension of the payroll tax considering ill-conceived bills such as $1.52 in economic activity in the coun- and unemployment benefits imme- this one. try. diately. Mr. NUGENT. I continue to reserve These are the things that the Amer- Despite saying for months, if not the balance of my time. ican people at this holiday season are years, that tax cuts are their most im- Ms. SLAUGHTER. Mr. Speaker, I am worrying about, are afraid of. He calls portant priority, the majority has pleased to yield 2 minutes to the gen- it scary. He’s afraid. And we’re dealing failed to act on a critical extension of tlewoman from Illinois (Ms. SCHA- with this pettiness right now. Let’s get the payroll tax, even though it would KOWSKY). over it and on with the business of the save the average American family Ms. SCHAKOWSKY. I thank the gen- people. $1,500 a year; 400,000 jobs will be lost if tlewoman for yielding to me. Mr. NUGENT. Mr. Speaker, I yield 3 we do not pass this payroll tax exten- I am really confused. I know that minutes to my fellow Rules member, sion. many of my Republican colleagues The majority has also failed to act on have signed a pledge that said that the gentleman from Utah (Mr. BISHOP). extending unemployment insurance never will they raise taxes on anybody, Mr. BISHOP of Utah. I thank you for benefits, even though UI has kept the Grover Norquist pledge. I think it’s the time. 900,000 kids out of poverty last year. In a silly idea to sign such a thing, but Mr. Speaker, I will apologize in ad- fact, the number of Americans in pov- most have done that. vance for actually talking on topic erty would have doubled last year if Yet it does seem that when it comes here. the unemployment insurance benefits to middle class tax cuts, there’s this In 1791, the Second Session of Con- had not been extended. And at least little hesitation going on. Do we really gress, John Page was a Congressman 200,000 jobs will be lost if the majority mean cutting taxes for the middle from Virginia, and he objected to his blocks an extension of benefits. class? Do we mean preserving tax cuts peers who wanted to leave and let the But instead of acting on these two for the middle class? Or are we just designation of postal routes be left to important priorities, what does the Re- talking about the wealthiest Ameri- the President. They trusted the Presi- publican majority spend its time on? cans? dent, justifiably, but John Page threat- We have seen them protect wasteful Right now, if we don’t move ahead ened his colleagues by saying that if we tax breaks for corporate jet and race with extending the payroll tax cut, do so he will move to adjourn and leave horse owners, corporate subsidies for that’s what most, that’s what all work- all the objects of legislation to the Big Agriculture, Big Oil, special tax ing families pay, their payroll taxes. President’s sole consideration and di- treatment for millionaires You know, we hear, oh, the wealthy, rection. and billionaires, and now this mis- that the wealthy are paying all the in- b 1310 guided bill, which would undermine our come taxes. Yeah, most people would regulatory system to the detriment of like to pay income taxes. But they Now, the issue at hand back in 1791 everything from food safety to pro- definitely pay payroll taxes if they’re was not necessarily what roads and tecting the environment without doing working. And they’re risking 160 mil- routes should be taken, even though anything to create jobs. lion Americans who would not get tax they did have an economic impact. The Time and again, the majority has relief if we don’t extend the payroll tax issue was who should designate those shown that they will go to any lengths cut for working families. routes because every rule and regula- to side with the wealthiest 1 percent of So we need to do that before we tion is, by definition, a legislative Americans, while turning their backs leave. But, instead, we’re talking about function. It is not a function of the ad- on middle class and working families. some way to stop any kind of regula- ministration that should be given to To take one more example, this past tions, further health and safety regula- the President or the bureaucracies that week Democrats introduced a payroll tions, making it hard to do that. are created because of it. It is a con- tax cut for 160 million people, offset by I got a letter from someone talking gressional function. But we do not take raising taxes on 350,000 millionaires. about the unemployment insurance the time to make the details in our But the Republican majority instead and extending those benefits. He says, particular piece of legislation. When put forward a package that would slash this is from John, in my district: ‘‘I’m we simply ask in our legislation that a the Federal workforce, raise Medicare a Desert Storm Veteran and lost my Secretary in a department shall have premiums, curtail the social safety job October 21, 2010. I’ve been drawing the power to write rules and regula- nets. unemployment and am now on ex- tions and then leave it at that, we are Instead of just having America’s tended unemployment benefits. I, like abrogating our responsibility. wealthiest families pay their fair share millions of Americans, would rather be ‘‘Country of origin’’ labeling sounded of taxes, the majority would rather see working 80 hours a week if possible. like a great idea. We should know if we more lost public jobs and less support The job market is scary, but what’s are buying American beef. Even though for middle class families, all in order to worse is the thought that we might be it was passed before I became a Mem- continue a tax cut that independent without that last bit of a safety net ber of Congress, it was my eighth year economists agree is critical for our come the end of December.’’ in Congress before they were able to economy. The SPEAKER pro tempore. The write the rules because Congress did Keep in mind the Republican mantra time of the gentlewoman has expired. not take the time and effort to go in recent memory has always been that Ms. SLAUGHTER. I would be happy through the details of understanding tax cuts never, never need to be offset. to yield my colleague an additional what we were doing when we are pass- And a year ago they said the same of a minute. ing legislation. payroll tax cut. They’ve now changed Ms. SCHAKOWSKY. John continued: The States—my home State—has an their tune. ‘‘These benefits for many is the dif- administrative review committee that

VerDate Mar 15 2010 01:42 Dec 07, 2011 Jkt 019060 PO 00000 Frm 00014 Fmt 7634 Sfmt 0634 E:\CR\FM\K06DE7.024 H06DEPT1 jbell on DSK7SPTVN1PROD with HOUSE December 6, 2011 CONGRESSIONAL RECORD — HOUSE H8151 reviews every rule and regulation, be- they are going to lay off 74 people be- thereby, cost the U.S. economy 528,000 cause these are rules and regulations cause of regulations coming from this jobs. that our people must obey, and if they town. And you talk a lot about the 99 And the nonpartisan Congressional don’t, they are subject to jail and fines; percent. These are part of the 99 per- Budget Office has indicated that pro- and it is done by a nameless executive cent, people that are now not going to viding extended unemployment bene- bureaucracy that has no accountability have a job because of regulations and fits is one of the most effective job cre- to the people by ballot box, nor do they rules that are shutting down our power ation strategies available during a pe- have it to us. We can simply say, Well, sources in Wisconsin. riod of high joblessness, stating, I’m sorry about the situation. They, So you can advocate for unemploy- ‘‘Households receiving unemployment over there, did it, instead of taking the ment—and I’m happy that you are benefits tend to spend the additional time to do our responsibility. I am told doing it—because your rules and regu- benefits quickly, making this option that we need experts over in the execu- lations and the policies that you advo- both timely and cost-effective in spur- tive branch to do this. cate for are causing 74 people in my ring economic activity and employ- The Founding Fathers designed the district to now go on unemployment. ment.’’ situation in this country so that people That’s unacceptable. Let’s advocate for The choices facing us today couldn’t could make judgments for themselves. pro-growth policies that are going to be any clearer. That’s why, Mr. Speak- The idea of needing experts only came help American businesses, entre- er, if we defeat the previous question, I in the late 1800s, early 1900s when an preneurs, and manufacturers compete will offer an amendment to the rule to individual, who eventually became in the global . If we con- require that we vote on an unemploy- President, wrote a book about Congress tinue down this path, we are going to ment benefit extension and that we without ever having visited Congress. see more businesses go overseas, taking vote on a payroll tax holiday extension And in that, he claimed this balance of with them the jobs of the people who for next year before we leave for the power, this separation of responsibil- work in our districts. holidays. ities was, in his words, ‘‘constitutional So with that, I think we should all Mr. Speaker, I ask unanimous con- witchcraft.’’ From that time on, we de- have a real conversation about the sent to insert the text of the amend- cided to abrogate legislative responsi- REINS Act and not about payroll tax ment in the RECORD along with extra- bility and simply give it to the other and an . neous material immediately prior to branch, like it’s one of those simple Mr. NUGENT. Mr. Speaker, I have no the vote on the previous question. things. further requests for time and am ready The SPEAKER pro tempore. Is there Congress has passed 16 jobs bills in to close. objection to the request of the gentle- the House and sent them over where Ms. SLAUGHTER. I am prepared to woman from New York? the Democrat majority in the Senate close as well. There was no objection. has refused to deal with any of those The SPEAKER pro tempore. The Ms. SLAUGHTER. Mr. Speaker, I bills. Congress is now also dealing with Chair recognizes the gentlewoman from urge my colleagues to vote ‘‘no’’ and a variety of regulation bills which New York. defeat the previous question so that we harm our ability to be economically Ms. SLAUGHTER. Mr. Speaker, the can do the right thing for working fam- competitive and harm our ability to majority’s prioritization of special in- ilies and the millions of Americans actually build new jobs. And once terests over the economy goes beyond looking for jobs. again, the Democrat majority in the their crusade against government pro- I urge a ‘‘no’’ vote on the rule, and I Senate has failed to do that. tections for our clean air and water, yield back the balance of my time. This is our time and responsibility to and safe food and workplaces. Not only Mr. NUGENT. Mr. Speaker, I yield look forward to this situation, to take has the majority refused so far to pass myself the balance of my time. our role and responsibility and pass an extension of the payroll tax holiday, An editorial in The Wall Street Jour- this particular bill because, like John meaning even though we’re still strug- nal stated that the REINS Act—this Page said, It is our job. It is our re- gling to recover from a recession, the act that we are talking about—‘‘would sponsibility. We should accept that re- average American family will see a revolutionize government in practice sponsibility. $1,000 increase in their taxes come Jan- and help restore the representative de- Ms. SLAUGHTER. Mr. Speaker, may uary. mocracy the Founders envisioned.’’ I inquire of my colleague if he has fur- They have also refused so far to ex- Profound words. While discussing regu- ther speakers? tend unemployment benefits for the 2.1 latory reform, Wayne Crews of the Mr. NUGENT. Yes. I have one further million Americans whose benefits will Competitive Enterprise Institute and a speaker. run out in the coming months if Con- contributor to Forbes magazine said Ms. SLAUGHTER. I reserve the bal- gress does not act. Congress has never that ‘‘reaffirming Congress’ account- ance of my time. allowed emergency extended benefits ability to voters for agencies’ most Mr. NUGENT. Mr. Speaker, I yield 2 to expire when a jobless rate has been costly rules is a basic principle of good minutes to the gentleman from Wis- anywhere close to its current level of government.’’ And Jonathan H. Adler, consin (Mr. DUFFY). 8.6 percent. a professor of law at Case Western Re- Mr. DUFFY. I appreciate the gen- Some Republicans like to argue that serve University School of Law, said in tleman yielding. unemployment benefits give people a a congressional hearing earlier this As I sit on the House floor here, I lis- disincentive to work. But how are peo- year that the REINS Act ‘‘offers a ten to the debate, and I hear a lot of ple supposed to take jobs that don’t promising mechanism for disciplining conversations that are off-topic. We are exist? Believe me, most of the people Federal regulatory agencies and en- talking, on the other side of the aisle, who are unemployed in our country hancing congressional accountability about payroll taxes and unemployment right now would much rather get a job, for Federal regulation.’’ extensions. This is really a conversa- but they can’t find one. There are still The REINS Act brings accountability tion about regulations that affect roughly 6.5 million fewer jobs in the back to the regulatory process. I would American businesses’ ability to com- economy today than when the Great agree that some regulations are nec- pete, expand, grow, and create jobs. Recession started in 2007. essary. We all want clean air and clean This REINS Act is about holding Mem- So we’re supposed to let them and water. There’s no doubt that we need bers of Congress, elected men and their children starve or face possible that. We need a safe and healthy envi- women, accountable to the people who eviction or foreclosure? All of the ronment. We need safe food if we want sent them here to do their work, not to money that the unemployed receive in to protect ourselves and our families. empower bureaucrats in Washington to benefits goes right back into the econ- But regulations at what cost? pass rules that kill jobs all across this omy when they buy groceries, clothes, Through the rulemaking process, the country. and health care. The Economic Policy EPA has put a new burdensome stand- Just yesterday there was a press re- Institute estimates that allowing these ard on water quality in Florida alone. lease in my district where one of our Federal unemployment benefits to ex- With the numeric nutrient rule the coal power plants has given notice that pire would hurt consumer demand and, EPA wants to take over the State’s

VerDate Mar 15 2010 01:42 Dec 07, 2011 Jkt 019060 PO 00000 Frm 00015 Fmt 7634 Sfmt 0634 E:\CR\FM\K06DE7.026 H06DEPT1 jbell on DSK7SPTVN1PROD with HOUSE H8152 CONGRESSIONAL RECORD — HOUSE December 6, 2011 water system. And because they are The Keystone pipeline is a perfect ex- yield to him for an amendment, is entitled to Washington bureaucrats trying to cre- ample of a jobs bill. They keep talking the first recognition.’’ ate a D.C. solution for a Florida prob- about the lack of jobs bills. Had the Because the vote today may look bad for lem, the requirements they have set on Keystone pipeline come to fruition, the Republican majority they will say ‘‘the vote on the previous question is simply a the State of Florida are scientifically which the President has pushed off vote on whether to proceed to an immediate impossible to reach given our State’s until 2013, there would have been 25,000 vote on adopting the resolution . . . [and] natural phosphorous levels in our immediate jobs to create and construct has no substantive legislative or policy im- waters. Compliance will require an in- that pipeline, and there would have plications whatsoever.’’ But that is not what vestment of billions of dollars that will been 100,000 new jobs within the areas they have always said. Listen to the Repub- be passed on—to whom? The Florida of Texas and Louisiana as it relates to lican Leadership Manual on the Legislative taxpayers, of course, effectively result- the processing of that oil. Process in the United States House of Rep- ing in a new tax levied on all Florid- The last time I looked, Canada was a resentatives, (6th edition, page 135). Here’s ians. Another analysis estimates that how the Republicans describe the previous friend, but we buy oil from countries question vote in their own manual: ‘‘Al- the EPA rulemaking will impose state- that hate us. Do you know what Can- though it is generally not possible to amend wide costs ranging from $3.1 billion to ada said?—that China is ready to step the rule because the majority Member con- $8.4 billion per year for the next 30 in and help them out. Is that really trolling the time will not yield for the pur- years. what we want, or do we want to bring pose of offering an amendment, the same re- b 1320 jobs to America? sult may be achieved by voting down the pre- With all that has been said, we’re to vious question on the rule. . . . When the To put that in perspective, Florida’s the point at which we need to talk motion for the previous question is defeated, total budget is only $64 billion annu- about regulations, and that’s what this control of the time passes to the Member ally. The REINS Act is what people in who led the opposition to ordering the pre- bill does. It allows seven amendments Florida need and what people in the vious question. That Member, because he that are germane to come to the country need if we’re going to keep ex- then controls the time, may offer an amend- floor—two Republican and five Demo- ecutive agency rulemaking in check. ment to the rule, or yield for the purpose of We’ve heard about a number of issues cratic amendments. amendment.’’ on this House floor. We’ve heard about With that, I am happy to support the In Deschler’s Procedure in the U.S. House of Representatives, the subchapter titled issues as they relate to unemployment rule and the underlying bill. The material previously referred to ‘‘Amending Special Rules’’ states: ‘‘a refusal and to the payroll tax holiday. These to order the previous question on such a rule by Ms. SLAUGHTER is as follows: issues, though, aren’t what are in front [a special rule reported from the Committee of us today. It’s really about the AN AMENDMENT TO H. RES. 479 OFFERED BY MS. on Rules] opens the resolution to amend- REINS Act. It’s really about getting SLAUGHTER OF NEW YORK ment and further debate.’’ (Chapter 21, sec- government off the backs of people. It’s At the end of the resolution, add the fol- tion 21.2) Section 21.3 continues: ‘‘Upon re- about making Congress accountable for lowing new sections: jection of the motion for the previous ques- Sec. 4. Not later than December 16, 2011, tion on a resolution reported from the Com- the actions of the agencies that have the House of Representatives shall vote on their authority granted through Con- mittee on Rules, control shifts to the Mem- passage of a bill to extend the payroll tax ber leading the opposition to the previous gress. It’s not the other way around. holiday beyond 2011, the title of which is as question, who may offer a proper amendment Regulatory agencies don’t enact laws follows: ‘Payroll Tax Holiday Extension Act or motion and who controls the time for de- for Congress. Congress enacts laws. of 2011.’. bate thereon.’’ Congress enacts and gives the author- Sec. 5. Not later than December 16, 2011, Clearly, the vote on the previous question ity to those who regulate, but Congress the House of Representatives shall vote on on a rule does have substantive policy impli- can’t walk away from its authority to passage of a bill to provide for the continu- cations. It is one of the only available tools oversee the rules, particularly the ation of unemployment benefits, the title of for those who oppose the Republican major- which is as follows: ‘Emergency Unemploy- ity’s agenda and allows those with alter- major rules, that are promulgated by ment Compensation Extension Act of 2011.’. these agencies—that are costing us native views the opportunity to offer an al- (The information contained herein was ternative plan. jobs, that are costing us billions of dol- provided by the Republican Minority on mul- lars every year. tiple occasions throughout the 110th and Mr. NUGENT. Mr. Speaker, I yield You’ve heard about it from all of my 111th Congresses.) back the balance of my time, and I colleagues who spoke on this side of THE VOTE ON THE PREVIOUS QUESTION: WHAT IT move the previous question on the res- the aisle. I don’t know when Congress REALLY MEANS olution. lost its way—Representative BISHOP This vote, the vote on whether to order the The SPEAKER pro tempore. The talked about it years and years ago— previous question on a special rule, is not question is on ordering the previous but Congress did lose its way. It’s so merely a procedural vote. A vote against or- question. much easier to just pass a law and say, dering the previous question is a vote The question was taken; and the You know what? Let the regulatory against the Republican majority agenda and Speaker pro tempore announced that folks figure out how this is going to a vote to allow the opposition, at least for the ayes appeared to have it. shake out at the end. the moment, to offer an alternative plan. It Ms. SLAUGHTER. Mr. Speaker, on That’s not what we were elected to is a vote about what the House should be de- bating. that I demand the yeas and nays. do. We were elected not only to pass Mr. Clarence Cannon’s of the The yeas and nays were ordered. laws but to make sure that the regula- House of Representatives (VI, 308–311), de- The SPEAKER pro tempore. Pursu- tions that are proposed by those agen- scribes the vote on the previous question on ant to clause 8 of rule XX, further pro- cies that have the authority from this the rule as ‘‘a motion to direct or control the ceedings on this question will be post- Congress are responsible to the people. consideration of the subject before the House poned. We need to be responsible to the people being made by the Member in charge.’’ To defeat the previous question is to give the who elected us, not the other way f around—not responsible to bureaucrats opposition a chance to decide the subject be- fore the House. Cannon cites the Speaker’s in Washington, D.C. ruling of January 13, 1920, to the effect that It’s what I hear from all the busi- ANNOUNCEMENT BY THE SPEAKER ‘‘the refusal of the House to sustain the de- PRO TEMPORE nesses in my district. It’s what I hear mand for the previous question passes the from the people I represent. They want control of the resolution to the opposition’’ The SPEAKER pro tempore. Pursu- government to get out of the way, not in order to offer an amendment. On March ant to clause 8 of rule XX, the Chair to end all regulations like you hear 15, 1909, a member of the majority party of- will postpone further proceedings some of my friends across the aisle say. fered a rule resolution. The House defeated today on motions to suspend the rules That’s not what we’re talking about. the previous question and a member of the on which a recorded vote or the yeas We are, though, talking about a con- opposition rose to a parliamentary inquiry, and nays are ordered, or on which the asking who was entitled to recognition. gressional review before it actually Speaker Joseph G. Cannon (R–Illinois) said: vote incurs objection under clause 6 of comes to pass so that we stand up as a ‘‘The previous question having been refused, rule XX. body and say, You know what? This is the gentleman from New York, Mr. Fitz- Record votes on postponed questions just not good for America. gerald, who had asked the gentleman to will be taken later.

VerDate Mar 15 2010 04:31 Dec 07, 2011 Jkt 019060 PO 00000 Frm 00016 Fmt 7634 Sfmt 0634 E:\CR\FM\K06DE7.027 H06DEPT1 jbell on DSK7SPTVN1PROD with HOUSE December 6, 2011 CONGRESSIONAL RECORD — HOUSE H8153 PANDEMIC AND ALL-HAZARDS (c) PARTNERSHIPS FOR STATE AND REGIONAL reserve fund prior to the date of the enactment PREPAREDNESS REAUTHORIZA- HOSPITAL PREPAREDNESS TO IMPROVE SURGE of this subsection, there is authorized to be ap- TION ACT OF 2011 CAPACITY.—Section 319C–2 of the Public Health propriated, for the procurement of security Service Act (42 U.S.C. 247d–3b) is amended— countermeasures under subsection (c) and for Mr. PITTS. Mr. Speaker, I move to (1) in subsection (a), by inserting ‘‘, including carrying out section 319L (relating to the Bio- suspend the rules and pass the bill capacity and preparedness to address the needs medical Advanced Research and Development (H.R. 2405) to reauthorize certain provi- of pediatric and other at-risk populations’’ be- Authority), $2,800,000,000 for the period of fiscal sions of the Public Health Service Act fore the period at the end; years 2014 through 2018. Amounts appropriated and the Federal Food, Drug, and Cos- (2) in subsection (i)— pursuant to the preceding sentence are author- ized to remain available until September 30, metic Act relating to public health pre- (A) by striking ‘‘The requirements of’’ and in- serting the following: 2019. paredness and countermeasure develop- ‘‘(1) IN GENERAL.—The requirements of’’; and ‘‘(2) NOTICE OF INSUFFICIENT FUNDS.—Not ment, and for other purposes, as (B) by adding at the end the following: later than 15 days after any date on which the amended. ‘‘(2) MEETING GOALS OF NATIONAL HEALTH SE- Secretary determines that the amount of funds The Clerk read the title of the bill. CURITY STRATEGY.—The Secretary shall imple- in the special reserve fund available for procure- The text of the bill is as follows: ment objective, evidence-based metrics to ensure ment is less than $1,500,000,000, the Secretary H.R. 2405 that entities receiving awards under this section shall submit to the Committee on Energy and are meeting, to the extent practicable, the goals Commerce of the House of Representatives and Be it enacted by the Senate and House of Rep- of the National Health Security Strategy under the Committee on Health, Education, Labor, resentatives of the United States of America in section 2802.’’; and and of the Senate a report detailing Congress assembled, (3) by amending subsection (j)(1) to read as the amount of such funds available for procure- SECTION 1. SHORT TITLE; TABLE OF CONTENTS. follows: ment and the impact such funding will have— (a) SHORT TITLE.—This Act may be cited as ‘‘(1) IN GENERAL.—For purposes of carrying ‘‘(A) in meeting the security countermeasure the ‘‘Pandemic and All-Hazards Preparedness out this section, there is authorized to be appro- needs identified under this section; and Reauthorization Act of 2011’’. priated $378,000,000 for each of fiscal years 2012 ‘‘(B) on the annual Countermeasure Imple- (b) TABLE OF CONTENTS.—The table of con- through 2016.’’. mentation Plan under section 2811(d). ‘‘(3) USE OF SPECIAL RESERVE FUND FOR AD- tents for this Act is as follows: (d) CDC PROGRAMS FOR COMBATING PUBLIC VANCED RESEARCH AND DEVELOPMENT.—The Sec- Sec. 1. Short title; table of contents. HEALTH THREATS.—Section 319D of the Public Sec. 2. Reauthorization of certain provisions re- Health Service Act (42 U.S.C. 247d–4) is amend- retary may utilize not more than 30 percent of lating to public health prepared- ed— the amounts authorized to be appropriated ness. (1) by striking subsection (c); and under paragraph (1) to carry out section 319L Sec. 3. Temporary redeployment of personnel (2) in subsection (g), by striking ‘‘such sums (related to the Biomedical Advanced Research during a public health emergency. as may be necessary in each of fiscal years 2007 and Development Authority). Amounts author- Sec. 4. Coordination by Assistant Secretary for through 2011’’ and inserting ‘‘$160,121,000 for ized to be appropriated under this subsection to Preparedness and Response. each of fiscal years 2012 through 2016’’. carry out section 319L are in addition to Sec. 5. Eliminating duplicative Project Bio- (e) DENTAL EMERGENCY RESPONDERS: PUBLIC amounts otherwise authorized to be appro- shield reports. HEALTH AND MEDICAL RESPONSE.— priated to carry out such section. ‘‘(4) RESTRICTIONS ON USE OF FUNDS.— Sec. 6. Authorization for medical products for (1) ALL-HAZARDS PUBLIC HEALTH AND MEDICAL Amounts in the special reserve fund shall not be use in emergencies. RESPONSE CURRICULA AND .—Section Sec. 7. Additional provisions related to medical 319F(a)(5)(B) of the Public Health Service Act used to pay— ‘‘(A) costs other than payments made by the products for emergency use. (42 U.S.C. 247d–6(a)(5)(B)) is amended by strik- Secretary to a vendor for advanced development Sec. 8. Products held for emergency use. ing ‘‘public health or medical’’ and inserting Sec. 9. Accelerate countermeasure development (under section 319L) or for procurement of a se- ‘‘public health, medical, or dental’’. by strengthening FDA’s role in re- curity countermeasure under subsection (c)(7); (2) NATIONAL HEALTH SECURITY STRATEGY.— viewing products for national se- and Section 2802(b)(3) of the Public Health Service curity priorities. ‘‘(B) any administrative expenses, including Act (42 U.S.C. 300hh–1(b)(3)) is amended— SEC. 2. REAUTHORIZATION OF CERTAIN PROVI- . (A) in the matter preceding subparagraph (A), ‘‘(5) DEFINITION.—In this section, the term SIONS RELATING TO PUBLIC by inserting ‘‘and which may include dental HEALTH PREPAREDNESS. ‘special reserve fund’ means the ‘Biodefense health facilities’’ after ‘‘mental health facili- (a) VACCINE TRACKING AND .— Countermeasures’ appropriations account, any ties’’; and Subsection (e) of section 319A of the Public appropriation made available pursuant to sec- (B) in subparagraph (D), by inserting ‘‘(which Health Service Act (42 U.S.C. 247d–1) is amended tion 521(a) of the Homeland Security Act of may include dental health assets)’’ after ‘‘med- by striking ‘‘such sums for each of fiscal years 2002, and any appropriation made available ical assets’’. 2007 through 2011’’ and inserting ‘‘$30,800,000 pursuant to paragraph (1) of this paragraph.’’. (f) PROCUREMENT OF COUNTERMEASURES.— for each of fiscal years 2012 through 2016’’. (g) EMERGENCY SYSTEM FOR ADVANCE REG- (1) CONTRACT TERMS.—Subclause (IX) of sec- (b) IMPROVING STATE AND LOCAL PUBLIC ISTRATION OF VOLUNTEER HEALTH PROFES- tion 319F–2(c)(7)(C)(ii) of the Public Health HEALTH SECURITY.—Effective on October 1, 2011, SIONALS.—Section 319I(k) of the Public Health Service Act (42 U.S.C. 247d–6b(c)(7)(C)(ii)) is section 319C–1 of the Public Health Service Act Service Act (42 U.S.C. 247d–7b(k)) is amended by amended to read as follows: (42 U.S.C. 247d–3a) is amended— striking ‘‘are authorized to be appropriated ‘‘(IX) CONTRACT TERMS.—The Secretary, in (1) in subsection (b)(2)(A)— $2,000,000 for fiscal year 2002, and such sums as (A) in clause (iv), by striking ‘‘and’’ at the any contract for procurement under this sec- may be necessary for each of the fiscal years end; tion— 2003 through 2011’’ and inserting ‘‘is authorized (B) in clause (v), by adding ‘‘and’’ at the end; ‘‘(aa) may specify— to be appropriated $5,900,000 for each of fiscal and ‘‘(AA) the dosing and administration require- years 2012 through 2016’’. (C) by adding at the end the following: ments for countermeasures to be developed and (h) BIOMEDICAL ADVANCED RESEARCH AND DE- ‘‘(vi) a description of any activities that such procured; VELOPMENT AUTHORITY.— entity will use to analyze real-time clinical ‘‘(BB) the amount of funding that will be (1) TRANSACTION AUTHORITIES.—Section specimens for pathogens of public health or bio- dedicated by the Secretary for development and 319L(c)(5) of the Public Health Service Act (42 terrorism significance, including any utilization acquisition of the countermeasure; and U.S.C. 247d–7e(c)(5)) is amended by adding at of poison control centers;’’; ‘‘(CC) the specifications the countermeasure the end the following: (2) in subsection (f)— must meet to qualify for procurement under a ‘‘(G) GOVERNMENT PURPOSE.—In awarding (A) in paragraph (2), by inserting ‘‘and’’ at contract under this section; and contracts, grants, and agreements the end; ‘‘(bb) shall provide a clear statement of de- under this section, the Secretary shall provide a (B) in paragraph (3), by striking ‘‘; and’’ and fined Government purpose limited to uses re- clear statement of defined Government purpose inserting a period; and lated to a security countermeasure, as defined related to activities included in subsection (C) by striking paragraph (4); in paragraph (1)(B).’’. (a)(6)(B) for a qualified countermeasure or (3) by striking subsection (h); and (2) REAUTHORIZATION OF THE SPECIAL RESERVE qualified pandemic or epidemic product.’’. (4) in subsection (i)— FUND.—Section 319F–2 of the Public Health (2) BIODEFENSE MEDICAL COUNTERMEASURE (A) in paragraph (1)— Service Act (42 U.S.C. 247d–6b) is amended— DEVELOPMENT FUND.—Paragraph (2) of section (i) by amending subparagraph (A) to read as (A) in subsection (c)— 319L(d) of the Public Health Service Act (42 follows: (i) by striking ‘‘special reserve fund under U.S.C. 247d–7e(d)) is amended to read as fol- ‘‘(A) IN GENERAL.—For the purpose of car- paragraph (10)’’ each place it appears and in- lows: rying out this section, there is authorized to be serting ‘‘special reserve fund as defined in sub- ‘‘(2) FUNDING.—To carry out the purposes of appropriated $632,900,000 for each of fiscal years section (g)(5)’’; and this section, there is authorized to be appro- 2012 through 2016.’’; and (ii) by striking paragraphs (9) and (10); and priated to the Fund $415,000,000 for each of fis- (ii) by striking subparagraph (B); and (B) by adding at the end the following: cal years 2012 through 2016, the amounts to re- (B) in subparagraphs (C) and (D) of para- ‘‘(g) SPECIAL RESERVE FUND.— main available until expended.’’. graph (3), by striking ‘‘(1)(A)(i)(I)’’ each place it ‘‘(1) AUTHORIZATION OF APPROPRIATIONS.—In (3) CONTINUED INAPPLICABILITY OF CERTAIN appears and inserting ‘‘(1)(A)’’. addition to amounts appropriated to the special PROVISIONS.—Section 319L(e)(1)(C) of the Public

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Health Service Act (42 U.S.C. 247d–7e(e)(1)(C)) is ‘‘(A) PUBLIC HEALTH EMERGENCY.—The Sec- ‘‘(c) FUNCTIONS.—The Assistant Secretary for amended by striking ‘‘the date that is 7 years retary may exercise the authority vested by Preparedness and Response shall— after the date of enactment of the Pandemic and paragraph (1) only during the period of a public ‘‘(1) have lead responsibility within the De- All-Hazards Preparedness Act’’ and inserting health emergency determined pursuant to sub- partment of Health and Human Services for ‘‘September 30, 2016’’. section (a). emergency preparedness and response policy (i) NATIONAL DISASTER MEDICAL SYSTEM.— ‘‘(B) CONSIDERATIONS.—In authorizing a tem- and coordination; Section 2812 of the Public Health Service Act (42 porary redeployment under paragraph (1), the ‘‘(2) have authority over and responsibility U.S.C. 300hh–11) is amended— Secretary shall consider each of the following: for— (1) in subsection (a)(3), by adding at the end ‘‘(i) The degree to which the emergency can- ‘‘(A) the National Disaster Medical System (in the following: not be adequately and appropriately addressed accordance with section 301 of the Pandemic ‘‘(D) ADMINISTRATION.—The Secretary may by the public health workforce. and All-Hazards Preparedness Act); determine and pay claims for reimbursement for ‘‘(ii) The degree to which the emergency re- ‘‘(B) the Hospital Preparedness Cooperative services under subparagraph (A) directly or by quires or would otherwise benefit from supple- Agreement Program pursuant to section 319C–2; ‘‘(C) the Biomedical Advanced Research and contract providing for payment in advance or by mental staffing from those funded through non- Development Authority under section 319L; and way of reimbursement.’’; and preparedness Federal programs. (2) in subsection (g), by striking ‘‘such sums ‘‘(D) the Emergency System for Advance Reg- ‘‘(iii) The degree to which such programs istration of Volunteer Health Professionals pur- as may be necessary for each of the fiscal years would be adversely affected by the redeploy- 2007 through 2011’’ and inserting ‘‘$56,000,000 suant to section 319I; ment. ‘‘(3) provide policy coordination and oversight for each of fiscal years 2012 through 2016’’. ‘‘(iv) Such other factors as the Secretary may of— (j) NATIONAL HEALTH SECURITY STRATEGY deem appropriate. ‘‘(A) the Strategic National Stockpile under TIMELINE.—Section 2802(a)(1) of the Public ‘‘(C) TERMINATION AND EXTENSION.— section 319F–2; Health Service Act (42 U.S.C. 300hh–1(a)(1)) is ‘‘(i) TERMINATION.—The authority to author- ‘‘(B) the Cities Readiness Initiative; and amended by striking ‘‘2009’’ and inserting ize a temporary redeployment of personnel ‘‘(C) the Medical Reserve Corps pursuant to ‘‘2014’’. under paragraph (1) shall terminate upon the section 2813; and (k) ENHANCING SURGE CAPACITY.—Section earlier of the following: ‘‘(4) assume other duties as determined appro- 2802(b) of the Public Health Service Act (42 ‘‘(I) The Secretary’s determination that the priate by the Secretary.’’; and U.S.C. 300hh–1(b)(3)) is amended— public health emergency no longer exists. (4) by adding at the end the following: (1) in paragraph (1)(A), by inserting ‘‘, in- ‘‘(II) Subject to clause (ii), 30 days after the ‘‘(d) COUNTERMEASURE IMPLEMENTATION cluding drills and exercises to ensure medical activation of the Secretary’s authority pursuant PLAN.—Not later than 6 months after the date of surge capacity for events without notice’’ after to subparagraph (A). enactment of this subsection, and annually ‘‘exercises’’; and ‘‘(ii) EXTENSION AUTHORITY.—The Secretary thereafter, the Assistant Secretary for Prepared- (2) in paragraph (3)— may extend the authority to authorize a tem- ness and Response shall submit through the Sec- (A) in the matter preceding subparagraph (A), porary redeployment of personnel under para- retary to the Committee on Energy and Com- as amended by subsection (e)(2) of this section— graph (1) beyond the date otherwise applicable merce of the House of Representatives and the (i) by inserting ‘‘availability, coordination, under clause (i)(II) if the public health emer- Committee on Health, Education, Labor, and accessibility,’’ after ‘‘response capabilities,’’; Pensions of the Senate a Countermeasure Imple- (ii) by striking ‘‘including mental health fa- gency still exists, but only if— mentation Plan that— cilities’’ and inserting ‘‘including mental health ‘‘(I) the extension is requested by the entity that requested authority to authorize a tem- ‘‘(1) describes the chemical, biological, radio- and ambulatory care facilities’’; and logical, and nuclear threats facing the Nation (iii) by striking ‘‘trauma care and emergency porary redeployment; and and the corresponding efforts to develop quali- medical service systems’’ and inserting ‘‘trauma ‘‘(II) the Secretary gives notice to the Con- fied countermeasures (as defined in section care, critical care, and emergency medical serv- gress in conjunction with the extension.’’. 319F–1), security countermeasures (as defined in ice systems’’; and SEC. 4. COORDINATION BY ASSISTANT SEC- section 319F–2), or qualified pandemic or epi- (B) in subparagraph (B), by striking ‘‘Medical RETARY FOR PREPAREDNESS AND demic products (as defined in section 319F–3) for evacuation and fatality management’’ and in- RESPONSE. each threat; serting ‘‘Fatality management, and coordinated (a) IN GENERAL.—Section 2811 of the Public Health Service Act (42 U.S.C. 300hh–10) is ‘‘(2) evaluates the progress of all activities medical triage and evacuation to the appro- with respect to such countermeasures or prod- priate medical institution based on patient med- amended— (1) in subsection (b)(3)— ucts, including research, advanced research, de- ical need as part of regional systems’’. velopment, procurement, stockpiling, deploy- (l) VOLUNTEER MEDICAL RESERVE CORPS.— (A) by inserting ‘‘stockpiling, distribution,’’ ment, and utilization; Section 2813(i) of the Public Health Service Act before ‘‘and procurement’’; and (B) by inserting ‘‘, security measures (as de- ‘‘(3) identifies and prioritizes near-, mid-, and (42 U.S.C. 300hh–15(i)) is amended by striking long-term needs with respect to such counter- ‘‘$22,000,000 for fiscal year 2007, and such sums fined in section 319F–2,’’ after ‘‘qualified coun- termeasures (as defined in section 319F–1)’’; measures or products to address chemical, bio- as may be necessary for each of fiscal years 2008 logical, radiological, and nuclear threats; through 2011’’ and inserting ‘‘$11,900,000 for (2) in subsection (b)(4), by adding at the end the following: ‘‘(4) identifies, with respect to each category each of fiscal years 2012 through 2016’’. of threat, a summary of all advanced develop- (m) EXTENSION OF LIMITED ANTITRUST EXEMP- ‘‘(D) IDENTIFICATION OF INEFFICIENCIES.— Identify gaps, duplication, and other inefficien- ment and procurement awards, including— TION.—Section 405(b) of the Pandemic and All- ‘‘(A) the time elapsed from the issuance of the Hazard Preparedness Act (42 U.S.C. 247d–6a cies in public health preparedness activities and the actions necessary to overcome these obsta- initial solicitation or request for a proposal to note) is amended by striking ‘‘at the end of the the adjudication (such as the award, denial of 6-year period that begins on the date of enact- cles. ‘‘(E) DEVELOPMENT OF COUNTERMEASURE IM- award, or solicitation termination); ment of this Act’’ and inserting ‘‘on September ‘‘(B) projected timelines for development and PLEMENTATION PLAN.—Lead the development of 30, 2016’’. procurement of such countermeasures or prod- a coordinated Countermeasure Implementation SEC. 3. TEMPORARY REDEPLOYMENT OF PER- ucts; SONNEL DURING A PUBLIC HEALTH Plan under subsection (d). ‘‘(C) clearly defined goals, benchmarks, and ‘‘(F) COUNTERMEASURES BUDGET ANALYSIS.— EMERGENCY. milestones for each such countermeasure or Oversee the development of a comprehensive, Section 319 of the Public Health Service Act product, including information on the number cross-cutting 5-year budget analysis with re- (42 U.S.C. 247d) is amended by adding at the of doses required, the intended use of the coun- spect to activities described in paragraph (3)— end the following: termeasure or product, and the required coun- ‘‘(i) to inform prioritization of resources; and ‘‘(e) TEMPORARY REDEPLOYMENT OF PER- termeasure or product characteristics; and SONNEL DURING A PUBLIC HEALTH EMER- ‘‘(ii) to ensure that challenges to such activi- ‘‘(D) projected needs with regard to the re- GENCY.— ties are adequately addressed. plenishment of the Strategic National Stockpile; ‘‘(1) EMERGENCY REDEPLOYMENT OF FEDER- ‘‘(G) GRANT PROGRAMS FOR MEDICAL AND PUB- ‘‘(5) evaluates progress made in meeting the ALLY FUNDED PERSONNEL.—Notwithstanding LIC HEALTH PREPAREDNESS CAPABILITIES.—Co- goals, benchmarks, and milestones identified any other provision of law, and subject to para- ordinate, in consultation with the Secretary of under paragraph (4)(C); graph (2), upon a request that is from a State, Homeland Security, grant programs of the De- ‘‘(6) reports on the amount of funds available locality, territory, tribe, or the Freely Associated partment of Health and Human Services relat- for procurement in the special reserve fund as States and that includes such information and ing to medical and public health preparedness defined in section 319F–2(g)(5) and the impact assurances as the Secretary may require, the capabilities and the activities of local commu- this funding will have on meeting the require- Secretary may authorize the requesting entity to nities to respond to public health emergencies, ments under section 319F–2; temporarily redeploy to immediately address a including the— ‘‘(7) incorporates input from Federal, State, public health emergency non-Federal personnel ‘‘(i) coordination of relevant program require- local, and tribal stakeholders; and funded in whole or in part through— ments, timelines, and measurable goals of such ‘‘(8) addresses the needs of pediatric popu- ‘‘(A) any program under this Act; or grant programs; and lations with respect to such countermeasures ‘‘(B) at the discretion of the Secretary, any ‘‘(ii) establishment of a system for gathering and products in the Strategic National Stockpile other program funded in whole or in part by the and disseminating best practices among grant and includes— Department of Health and Human Services. recipients.’’; ‘‘(A) a list of such countermeasures and prod- ‘‘(2) ACTIVATION OF EMERGENCY REDEPLOY- (3) by amending subsection (c) to read as fol- ucts necessary to address the needs of pediatric MENT.— lows: populations;

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‘‘(B) a description of measures taken to co- ‘‘(A) IN GENERAL.—A declaration under this cluding information obtained during an emer- ordinate with Office of Pediatric Therapeutics subsection shall terminate upon a determination gency.’’. of the Food and Drug Administration to maxi- by the Secretary, in consultation with, as ap- SEC. 7. ADDITIONAL PROVISIONS RELATED TO mize the labeling, dosages, and formulations of propriate, the Secretary of Homeland Security MEDICAL PRODUCTS FOR EMER- such countermeasures and products for pedi- or the Secretary of Defense, that the cir- GENCY USE. atric populations; cumstances described in paragraph (1) have (a) IN GENERAL.—The Federal Food, Drug, ‘‘(C) a description of existing gaps in the Stra- ceased to exist.’’; and Cosmetic Act is amended by inserting after tegic National Stockpile and the development of (ii) by striking subparagraph (B); and section 564 (21 U.S.C. 360bbb–3) the following: such countermeasures and products to address (iii) by redesignating subparagraph (C) as ‘‘SEC. 564A. ADDITIONAL PROVISIONS RELATED the needs of pediatric populations; and subparagraph (B); and TO MEDICAL PRODUCTS FOR EMER- ‘‘(D) an of the progress made in (D) in paragraph (4), by striking ‘‘advance GENCY USE. addressing gaps identified pursuant to subpara- notice of termination, and renewal’’ and insert- ‘‘(a) DEFINITIONS.—For purposes of this sec- graph (C). ing ‘‘and advance notice of termination’’; tion: ‘‘(1) The term ‘product’ means a drug, device, Notwithstanding any other provision of this (3) in subsection (c)(1), by striking ‘‘specified or biological product. subsection, the Plan shall not include any con- in’’ and insert ‘‘covered by’’; ‘‘(2) The term ‘eligible product’ means a prod- fidential commercial information, proprietary (4) in subsection (d)(3), by inserting ‘‘, to the extent practicable given the circumstances of the uct that is— information, or information that could reveal ‘‘(A) approved or cleared under this chapter vulnerabilities of the Nation in the preparation emergency,’’ after ‘‘including’’; (5) in subsection (e)— or licensed under section 351 of the Public for or ability to respond to chemical, biological, Health Service Act; and radiological, or nuclear threats.’’. (A) in paragraph (1)(B), by amending clause (iii) to read as follows: ‘‘(B) intended to be used to diagnose, prevent, (b) CONSULTATION IN AUTHORIZING MEDICAL or treat a disease or condition involving a bio- PRODUCTS FOR USE IN EMERGENCIES.—Sub- ‘‘(iii) Appropriate conditions with respect to the collection and analysis of information con- logical, chemical, radiological, or nuclear agent section (c) of section 564 of the Federal Food, or agents during— Drug, and Cosmetic Act (21 U.S.C. 360bbb–3) is cerning the safety and effectiveness of the prod- uct with respect to the actual use of such prod- ‘‘(i) a domestic emergency or military emer- amended by striking ‘‘consultation with the Di- gency involving heightened risk of attack with rector of the National Institutes of Health’’ and uct pursuant to an authorization under this sec- tion.’’; such an agent or agents; or inserting ‘‘consultation with the Assistant Sec- ‘‘(ii) a public health emergency affecting na- (B) in paragraph (2)— retary for Preparedness and Response, the Di- tional security or the health and security of rector of the National Institutes of Health,’’. (i) in subparagraph (A)— (I) by striking ‘‘manufacturer of the product’’ United States citizens abroad. (c) BIOSURVEILLANCE PLAN.—Not later than ‘‘(b) EXPIRATION DATING.— and inserting ‘‘person’’; and one year after the date of the enactment of this ‘‘(1) IN GENERAL.—The Secretary may extend (II) by inserting ‘‘or in paragraph (1)(B)’’ be- Act, the Secretary of Health and Human Serv- the expiration date and authorize the introduc- fore the period at the end; ices shall prepare and submit to the Committee tion or delivery for introduction into interstate (ii) in subparagraph (B)(i), by inserting ‘‘, on Energy and Commerce of the House of Rep- commerce of an eligible product after the expira- with the exception of extensions of a product’s resentatives and the Committee on Health, Edu- tion date provided by the manufacturer if— cation, Labor, and Pensions of the Senate a expiration date authorized under section ‘‘(A) the eligible product is intended to be held plan to improve information sharing, coordina- 564A(b)’’ before the period at the end; and for use for a domestic, military, or public health (iii) by amending subparagraph (C) to read as tion, and communications among disparate bio- emergency described in subsection (a)(2)(B); surveillance systems supported by the Depart- follows: ‘‘(B) the expiration date extension is intended ment of Health and Human Services. ‘‘(C) In establishing conditions under this to support the United States’ ability to protect— paragraph with respect to the distribution and SEC. 5. ELIMINATING DUPLICATIVE PROJECT BIO- ‘‘(i) the public health; or SHIELD REPORTS. administration of a product, the Secretary shall ‘‘(ii) military preparedness and effectiveness; Section 5 of the Project Bioshield Act of 2004 not impose conditions that would restrict dis- and (42 U.S.C. 247d–6c) is repealed. tribution or administration of the product that ‘‘(C) the expiration date extension is sup- is solely for the approved uses.’’; SEC. 6. AUTHORIZATION FOR MEDICAL PROD- ported by an appropriate scientific evaluation UCTS FOR USE IN EMERGENCIES. (C) by amending paragraph (3) to read as fol- that is conducted or accepted by the Secretary. Section 564 of the Federal Food, Drug, and lows: ‘‘(2) REQUIREMENTS AND CONDITIONS.—Any ‘‘(3) GOOD MANUFACTURING PRACTICE; PRE- Cosmetic Act (21 U.S.C. 360bbb–3) is amended— extension of an expiration date under para- (1) in subsection (a)— SCRIPTION; PRACTITIONER’S AUTHORIZATION.— graph (1) shall, as part of the extension, iden- (A) in paragraph (1), by striking ‘‘sections With respect to the emergency use of a product tify— 505, 510(k), and 515 of this Act’’ and inserting for which an authorization under this section is ‘‘(A) each specific lot, batch, or other unit of ‘‘any provision of this Act’’; issued (whether for an unapproved product or the product for which extended expiration is au- (B) in paragraph (2)(A), by striking ‘‘under a an unapproved use of an approved product), the thorized; provision of law referred to in such paragraph’’ Secretary may waive or limit, to the extent ap- ‘‘(B) the duration of the extension; and and inserting ‘‘under a provision of law in sec- propriate given the circumstances of the emer- ‘‘(C) any other requirements or conditions as tion 505, 510(k), or 515 of this Act or section 351 gency— the Secretary may deem appropriate for the pro- of the Public Health Service Act’’; and ‘‘(A) requirements regarding current good tection of the public health, which may include (C) in paragraph (3), by striking ‘‘a provision manufacturing practice otherwise applicable to requirements for, or conditions on, product sam- of law referred to in such paragraph’’ and in- the manufacture, processing, packing, or hold- pling, storage, packaging or repackaging, trans- serting ‘‘a provision of law referred to in para- ing of products subject to regulation under this port, labeling, notice to product recipients, rec- graph (2)(A)’’; Act, including such requirements established ordkeeping, periodic testing or retesting, or (2) in subsection (b)— under section 501 or 520(f)(1), and including rel- product disposition. (A) in the subsection heading, by striking evant conditions prescribed with respect to the ‘‘(3) EFFECT.—Notwithstanding any other ‘‘DECLARATION OF EMERGENCY’’ and inserting product by an order under section 520(f)(2); provision of this Act or the Public Health Serv- ‘‘DECLARATION SUPPORTING EMERGENCY USE ‘‘(B) requirements established under section ice Act, an eligible product shall not be consid- AUTHORIZATION’’; 503(b); and ered an unapproved product (as defined in sec- (B) in paragraph (1)— ‘‘(C) requirements established under section tion 564(a)(2)(A)) and shall not be deemed adul- (i) in the matter preceding subparagraph (A), 520(e).’’; and terated or misbranded under this Act because, by striking ‘‘an emergency justifying’’ and in- (D) by adding at the end the following: with respect to such product, the Secretary has, serting ‘‘that circumstances exist justifying’’; ‘‘(5) EXISTING AUTHORITIES.—Nothing in this under paragraph (1), extended the expiration (ii) in subparagraph (A), by striking ‘‘speci- section restricts any authority vested in the Sec- date and authorized the introduction or delivery fied’’; retary by any other provision of this Act or the for introduction into interstate commerce of (iii) in subparagraph (B), by striking ‘‘speci- Public Health Service Act for establishing condi- such product after the expiration date provided fied’’; and tions of authorization for a product.’’; and by the manufacturer. (iv) by amending subparagraph (C) to read as (6) in subsection (g)— ‘‘(c) CURRENT GOOD MANUFACTURING PRAC- follows: (A) in the heading, by striking ‘‘REVOCATION TICES.— ‘‘(C) a determination by the Secretary that OF AUTHORIZATION’’ and inserting ‘‘REVIEW, ‘‘(1) IN GENERAL.—The Secretary may, when there is a public health emergency, or a signifi- MODIFICATION, AND REVOCATION OF AUTHORIZA- the circumstances of a domestic, military, or cant potential for a public health emergency, in- TION’’; public health emergency described in subsection volving a heightened risk to national security or (B) in paragraph (1), by striking ‘‘periodically (a)(2)(B) so warrant, authorize, with respect to the health and security of United States citizens review’’ and inserting ‘‘review not less than an eligible product, deviations from current abroad, and involving a biological, chemical, ra- every three years’’; and good manufacturing practice requirements oth- diological, or nuclear agent or agents, or a dis- (C) by adding at the end the following: erwise applicable to the manufacture, proc- ease or condition that may be attributable to ‘‘(3) MODIFICATION.—The Secretary may mod- essing, packing, or holding of products subject such agent or agents.’’; ify an authorization under this section or the to regulation under this Act, including require- (C) in paragraph (2)— conditions of such an authorization, at any ments under section 501 or 520(f)(1) or applicable (i) by amending subparagraph (A) to read as time, based on a review of the authorization or conditions prescribed with respect to the eligible follows: new information that is otherwise obtained, in- product by an order under section 520(f)(2).

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‘‘(2) EFFECT.—Notwithstanding any other ‘‘(A) is approved, cleared, or licensed under Drug Administration, upon submission of a provision of this Act or the Public Health Serv- section 505, 510(k), or 515 of this Act or section written request by the sponsor that includes a ice Act, an eligible product shall not be consid- 351 of the Public Health Service Act; proposed plan and relevant data and future ered an unapproved product (as defined in sec- ‘‘(B) is authorized for investigational use planning detail to support such a plan, to work tion 564(a)(2)(A)) and shall not be deemed adul- under section 505 or 520 of this Act or section 351 with the sponsor to agree on a final plan within terated or misbranded under this Act because, of the Public Health Service Act; or a reasonable time not to exceed 90 days. The with respect to such product, the Secretary has ‘‘(C) is authorized for use under section 564.’’. basis for this agreement shall be the proposed authorized deviations from current good manu- SEC. 9. ACCELERATE COUNTERMEASURE DEVEL- plan submitted by the sponsor. Notwithstanding facturing practices under paragraph (1). OPMENT BY STRENGTHENING FDA’S the preceding sentence, the Secretary shall re- ‘‘(d) MASS DISPENSING.—The requirements of ROLE IN REVIEWING PRODUCTS FOR tain full discretion to determine the contents of section 503(b) and 520(e) shall not apply to an NATIONAL SECURITY PRIORITIES. the final plan or to determine that no such plan eligible product, and the product shall not be (a) IN GENERAL.—Section 565 of the Federal can be agreed upon. If the Secretary determines considered an unapproved product (as defined Food, Drug, and Cosmetic Act (21 U.S.C. that no final plan can be agreed upon, the Sec- in section 564(a)(2)(A)) and shall not be deemed 360bbb–4) is amended to read as follows: retary shall provide to the sponsor, in writing, adulterated or misbranded under this Act be- ‘‘SEC. 565. COUNTERMEASURE DEVELOPMENT the scientific or regulatory rationale why such cause it is dispensed without an individual pre- AND REVIEW. agreement cannot be reached. If a final plan is scription, if— ‘‘(a) COUNTERMEASURES AND PRODUCTS.—The agreed upon, it shall be shared with the sponsor ‘‘(1) the product is dispensed during an actual countermeasures and products referred to in this in writing. emergency described in subsection (a)(2)(B); and subsection are— ‘‘(C) CONTENTS.—The plan shall include an ‘‘(2) such dispensing without an individual ‘‘(1) qualified countermeasures (as defined in agreement on the nature of, and timelines for, prescription occurs— section 319F–1 of the Public Health Service Act); feedback and interactions between the sponsor ‘‘(A) as permitted under the law of the State ‘‘(2) security countermeasures (as defined in and the Food and Drug Administration, shall in which the product is dispensed; or section 319F–2 of such Act); and provide reasonable flexibility in implementing ‘‘(B) in accordance with an order issued by ‘‘(3) qualified pandemic or epidemic products and adjusting the agreement under this para- the Secretary. (as defined in section 319F–3 of such Act) that graph as warranted during the countermeasure ‘‘(e) EMERGENCY USE INSTRUCTIONS.— the Secretary determines to be a priority. development process, and shall identify— ‘‘(1) IN GENERAL.—The Secretary, acting ‘‘(b) IN GENERAL.— ‘‘(i) the current regulatory status of the coun- through an appropriate official within the De- ‘‘(1) INVOLVEMENT OF FDA PERSONNEL IN termeasure, an assessment of known scientific partment of Health and Human Services, may INTERAGENCY ACTIVITIES.—For the purpose of gaps relevant to approval, clearance, or licen- create and issue emergency use instructions to accelerating the development, stockpiling, ap- sure of the countermeasure, and a proposed inform health care providers or individuals to proval, clearance, and of counter- pathway to approval, clearance, or licensure of whom an eligible product is to be administered measures and products referred to in subsection the countermeasure; concerning such product’s approved, licensed, (a), the Secretary shall expand the involvement ‘‘(ii) developmental milestones whose comple- or cleared conditions of use. of Food and Drug Administration personnel in tion will result in meetings to be scheduled with- ‘‘(2) EFFECT.—Notwithstanding any other interagency activities with the Assistant Sec- in a reasonable time between the applicable re- provisions of this Act or the Public Health Serv- retary for Preparedness and Response (includ- view division of the Food and Drug Administra- ice Act, a product shall not be considered an un- ing the Biomedical Advanced Research and De- tion and the sponsor; approved product (as defined in section velopment Authority), the Centers for Disease ‘‘(iii) sponsor submissions that will result in 564(a)(2)(A)) and shall not be deemed adulter- Control and Prevention, the National Institutes written feedback from the review division within ated or misbranded under this Act because of— of Health, and the Department of Defense. a reasonable time; ‘‘(A) the issuance of emergency use instruc- ‘‘(2) TECHNICAL ASSISTANCE.—The Secretary ‘‘(iv) feedback by the Food and Drug Adminis- tions under paragraph (1) with respect to such shall establish within the Food and Drug Ad- tration regarding the data required to support product; or ministration a team of experts on manufacturing delivery of the countermeasure to the Strategic ‘‘(B) the introduction or delivery for introduc- and regulatory activities (including compliance National Stockpile under section 319F–2 of the tion of such product into interstate commerce with current Good Manufacturing Practices) to Public Health Service Act; accompanied by such instructions during an provide both off-site and on-site technical as- ‘‘(v) feedback by the Food and Drug Adminis- emergency response to an actual emergency de- sistance to the manufacturers of counter- tration regarding data required to support sub- scribed in subsection (a)(2)(B).’’. measures and products referred to in subsection mission of a proposed agreement on the design (b) RISK EVALUATION AND MITIGATION STRAT- (a). On-site technical assistance shall be pro- and size of clinical trials for review under sec- EGIES.—Section 505–1 of the Federal Food, Drug, vided upon the request of the manufacturer and tion 505(b)(5)(B); and and Cosmetic Act (21 U.S.C. 355–1), is at the discretion of the Secretary if the Sec- ‘‘(vi) other issues that have the potential to amended— retary determines that the provision of such as- delay approval, clearance, or licensure. (1) in subsection (f), by striking paragraph (7); sistance would accelerate the development, man- ‘‘(D) CHANGES.—Changes to the plan shall be and ufacturing, or approval, clearance, or licensure made by subsequent agreement between the Sec- (2) by adding at the end the following: of countermeasures and products referred to in retary and the sponsor. If after reasonable at- ‘‘(k) WAIVER IN PUBLIC HEALTH EMER- subsection (a). tempts to negotiate changes to the plan the Sec- GENCIES.—The Secretary may waive any re- ‘‘(c) AGENCY INTERACTION WITH SECURITY retary and the sponsor are unable to finalize quirement of this section with respect to a quali- COUNTERMEASURE SPONSORS.— such changes, the Secretary shall provide to the fied countermeasure (as defined in section 319F– ‘‘(1) IN GENERAL.—For security counter- sponsor, in writing, the scientific or regulatory 1(a)(2) of the Public Health Service Act) to measures (as defined in section 319F–2 of the rationale why such changes are required or can- which a requirement under this section has been Public Health Service Act) that are procured not be included in the plan. applied, if the Secretary determines that such under such section 319F–2— ‘‘(3) APPLICABILITY TO CERTAIN QUALIFIED waiver is required to mitigate the effects of, or ‘‘(A) the Secretary shall establish a process for PANDEMIC OR EPIDEMIC PRODUCTS.—The Sec- reduce the severity of, an actual or potential do- frequent scientific feedback and interactions be- retary may, with respect to qualified pandemic mestic emergency or military emergency involv- tween the Food and Drug Administration and or epidemic products (as defined in section ing heightened risk of attack with a biological, the security countermeasure sponsor (referred to 319F–3 of the Public Health Service Act) for chemical, radiological, or nuclear agent, or an in this subsection as the ‘sponsor’), designed to which a contract for advanced research and de- actual or potential public health emergency af- facilitate the approval, clearance, and licensure velopment is entered into under section 319L of fecting national security or the health and secu- of the security countermeasures; such Act, choose to apply the provisions of rity of United States citizens abroad.’’. ‘‘(B) such feedback and interactions shall in- paragraphs (1) and (2) to the same extent and in SEC. 8. PRODUCTS HELD FOR EMERGENCY USE. clude meetings and, in accordance with sub- the same manner as such provisions apply with The Federal Food, Drug, and Cosmetic Act (21 section (b)(2), on-site technical assistance; and respect to security countermeasures. U.S.C. 301 et seq.) is amended by inserting after ‘‘(C) at the request of the Secretary, the proc- ‘‘(d) FINAL GUIDANCE ON DEVELOPMENT OF section 564A, as added by section 7, the fol- ess under this paragraph shall include partici- ANIMAL MODELS.— lowing: pation by the Food and Drug Administration in ‘‘(1) IN GENERAL.—Not later than 1 year after ‘‘SEC. 564B. PRODUCTS HELD FOR EMERGENCY meetings between the Biomedical Advanced Re- the date of the enactment of the Pandemic and USE. search and Development Authority and sponsors All-Hazards Preparedness Reauthorization Act ‘‘It is not a violation of any section of this Act on the development of such countermeasures. of 2011, the Secretary shall provide final guid- or of the Public Health Service Act for a govern- ‘‘(2) REGULATORY MANAGEMENT PLAN.— ance to industry regarding the development of ment entity (including a Federal, State, local, ‘‘(A) IN GENERAL.—The process established animal models to support approval, clearance, and tribal government entity), or a person act- under paragraph (1) shall allow for the develop- or licensure of countermeasures and products ing on behalf of such a government entity, to in- ment of a written regulatory management plan referred to in subsection (a) when human effi- troduce into interstate commerce a product (as (in this paragraph referred to as the ‘plan’) for cacy studies are not ethical or feasible. defined in section 564(a)(4)) intended for emer- a security countermeasure (as defined in para- ‘‘(2) AUTHORITY TO EXTEND DEADLINE.—The gency use, if that product— graph (1)) in accordance with this paragraph. Secretary may extend the deadline for providing ‘‘(1) is intended to be held and not used; and ‘‘(B) PROPOSAL AND FINALIZATION OF PLAN.— final guidance under paragraph (1) by not more ‘‘(2) is held and not used, unless and until In carrying out the process under paragraph than 6 months upon submission by the Secretary that product— (1), the Secretary shall direct the Food and of a report on the status of such guidance to the

VerDate Mar 15 2010 01:42 Dec 07, 2011 Jkt 019060 PO 00000 Frm 00020 Fmt 7634 Sfmt 6333 E:\CR\FM\A06DE7.002 H06DEPT1 jbell on DSK7SPTVN1PROD with HOUSE December 6, 2011 CONGRESSIONAL RECORD — HOUSE H8157 Committee on Energy and Commerce of the have 5 legislative days in which to re- citizens from various medical inci- House of Representatives and the Committee on vise and extend their remarks and in- dents, whether accidental, such as Health, Education, Labor, and Pensions of the sert extraneous materials into the H1N1 outbreaks, or those that are de- Senate. RECORD. liberate, such as anthrax attacks. ‘‘(e) BIENNIAL REPORT.—Not later than Janu- ary 1, 2013, and every 2 years thereafter, the The SPEAKER pro tempore. Is there The programs and activities first es- Secretary shall submit a report to the Committee objection to the request of the gen- tablished in both the 2004 Project Bio- on Energy and Commerce of the House of Rep- tleman from Pennsylvania? shield Act and the 2006 PAHPA codified resentatives and the Committee on Health, Edu- There was no objection. and expanded the Federal Govern- cation, Labor, and Pensions of the Senate, that, Mr. PITTS. Mr. Speaker, I yield my- ment’s support for public health pre- with respect to the preceding 2 fiscal years, in- self such time as I may consume. paredness. As a result of these bills and cludes— H.R. 2405, introduced by my colleague the investments that followed, our Na- ‘‘(1) the number of full-time equivalent em- MIKE ROGERS from Michigan, would re- ployees of the Food and Drug Administration tion is better equipped to respond to who directly support the review of counter- authorize certain provisions of the bioterrorism threats and attacks. measures and products referred to in subsection Project Bioshield Act of 2004 and the H.R. 2405 will now help to build on (a); Pandemic and All-Hazards Prepared- that progress. The bill further facili- ‘‘(2) estimates of funds obligated by the Food ness Act of 2006. These two laws help tates the development of medical coun- and Drug Administration for review of such protect the United States against at- termeasures, and it bolsters the Na- countermeasures and products; tacks from chemical, biological, radio- tion’s public health preparedness infra- ‘‘(3) the number of regulatory teams at the logical, and nuclear weapons. Food and Drug Administration specific to such structure. It strengthens and clarifies countermeasures and products and, for each Project Bioshield authorized funds the position of Assistant Secretary for such team, the assigned products, classes of for the purchase of medical counter- Preparedness and Response, who has products, or technologies; measures through the Special Reserve led the Federal Government’s efforts ‘‘(4) the length of time between each request Fund and enabled the Secretary of and attempts to improve coordination by the sponsor of such a countermeasure or Health and Human Services to author- and accountability. product for information and the provision of ize the emergency use of medical prod- I was especially supportive of the such information by the Food and Drug Admin- ucts. PAHPA created the Biodefense istration; bill’s provisions to identify and dedi- ‘‘(5) the number, type, and frequency of offi- Advanced Research and Development cate the FDA’s role in hazardous cial interactions between the Food and Drug Authority within HHS to help with the events. H.R. 2405 enhances the flexi- Administration and— development of medical counter- bility of FDA while strengthening their ‘‘(A) sponsors of a countermeasure or product measures and to ensure the commu- emergency use administrative func- referred to in subsection (a); or nication between HHS and the devel- tions. ‘‘(B) another agency engaged in development opers of the medical countermeasures. or management of portfolios for such counter- 1330 PAHPA also created a position at HHS b measures or products, including the Centers for These revisions are a significant step Disease Control and Prevention, the Biomedical to lead the government’s efforts on the Advanced Research and Development Author- chemical, biological, radiological, and forward on a framework for FDA to de- ity, the National Institutes of Health, and the nuclear weapons preparedness and re- velop better policies and guidance in appropriate agencies of the Department of De- sponse, the Assistant Secretary for emergency situations. fense; Preparedness and Response. In addition, I was appreciative of the ‘‘(6) a description of other measures that, as Some of these key provisions expired bipartisan effort to address the special determined by the Secretary, are appropriate to at the end of FY 2011. Since the ter- needs of pediatric populations in emer- determine the efficiency of the regulatory teams gency situations. It was clear that described in paragraph (3); and rorist attacks of 9/11, we have become ‘‘(7) the regulatory science priorities that re- more aware of the dangers our country there were some gaps in our Nation’s late to countermeasures or products referred to faces and of the lengths to which some public health emergency strategy for in subsection (a) and which the Food and Drug may go to inflict harm on us. These children, and I’m confident we took an Administration is addressing and the progress provisions must be reauthorized, so I appropriate approach for filling in made on these priorities.’’. would urge all Members to support this these gaps. (b) SPECIAL PROTOCOL ASSESSMENT.—Sub- critical piece of legislation. So I really want to thank Represent- paragraph (B) of section 505(b)(5) of the Federal ative MIKE ROGERS and Representative Food, Drug, and Cosmetic Act (21 U.S.C. I reserve the balance of my time. 355(b)(5)) is amended to read as follows: Mr. PALLONE. Mr. Speaker, I yield GENE GREEN and their staffs, who au- ‘‘(B)(i) The Secretary shall meet with a spon- myself such time as I may consume. thored the base bill and have continued sor of an investigation or an applicant for ap- I am pleased to rise in support of to work to strengthen its provisions. proval for a drug under this subsection or sec- H.R. 2405, the Pandemic and All-Haz- I would also like to thank the staff of tion 351 of the Public Health Service Act if the ards Preparedness Reauthorization Act the Energy and Commerce Committee sponsor or applicant makes a reasonable written of 2011. This bill is an opportunity to and, of course, my chairman, Mr. request for a meeting for the purpose of reach- build a more prepared and resilient PITTS, who collaborated in a bipartisan ing agreement on the design and size of— ‘‘(I) clinical trials intended to form the pri- public health infrastructure. We all manner to further enhance the bill. mary basis of an effectiveness claim; or know very well that our Nation con- They have worked hard to accomplish ‘‘(II) animal efficacy trials and any associated tinues to face threats that require an the goals of our Members, as well as clinical trials that in combination are intended ongoing commitment to public health stakeholders, and to strengthen its to form the primary basis of an effectiveness and emergency preparedness, which is provisions. It’s been a good bipartisan claim for a countermeasure or product referred why, over the past 10 years, this Con- process and one that I think should be to in section 565(a) when human efficacy studies gress has placed a high priority on bio- emulated in our subcommittee and full are not ethical or feasible. ‘‘(ii) The sponsor or applicant shall provide defense. committee in the future. information necessary for discussion and agree- In 2004, with tremendous bipartisan I would urge all Members to support ment on the design and size of the clinical trials. support, we passed the Project Bio- H.R. 2405. Minutes of any such meeting shall be prepared shield Act. Democrats and Republicans I reserve the balance of my time. by the Secretary and made available to the worked together to establish a process Mr. PITTS. Mr. Speaker, I yield such sponsor or applicant upon request.’’. that would help our Nation respond to time as he may consume to the gen- The SPEAKER pro tempore. Pursu- bioterrorism threats and attacks. We tleman from Michigan (Mr. ROGERS), ant to the rule, the gentleman from then identified some shortfalls and, in the prime sponsor of the legislation. Pennsylvania (Mr. PITTS) and the gen- 2006, worked to amend the program by Mr. ROGERS of Michigan. Thank tleman from New Jersey (Mr. PALLONE) passing the Pandemic and All-Hazards you, Mr. PITTS, and thank you for your each will control 20 minutes. Preparedness Act, also known as leadership on the committee to allow The Chair recognizes the gentleman PAHPA. Specifically, PAHPA provided this bill to come to the floor today. from Pennsylvania. the Department of Health and Human Good news, Mr. Speaker: this bill is bi- GENERAL LEAVE Services with the additional authori- partisan, it’s fiscally responsible, and Mr. PITTS. Mr. Speaker, I ask unani- ties and resources necessary to rapidly it will make a positive impact on our mous consent that all Members may develop drugs and vaccines to protect Nation’s national security.

VerDate Mar 15 2010 01:42 Dec 07, 2011 Jkt 019060 PO 00000 Frm 00021 Fmt 7634 Sfmt 0634 E:\CR\FM\A06DE7.002 H06DEPT1 jbell on DSK7SPTVN1PROD with HOUSE H8158 CONGRESSIONAL RECORD — HOUSE December 6, 2011 It’s been more than 10 years since 9/ and first responders in their prepared- Mr. GENE GREEN of Texas. Mr. 11 and the anthrax attacks that fol- ness efforts. Under H.R. 2405, these pro- Speaker, as a personal aside, this prob- lowed. And while we haven’t had a suc- grams have been reauthorized for an ably won’t be the headline on the 6 cessful terrorist attack on U.S. soil, additional 5 years so that we can con- o’clock news tonight around the coun- our enemies are still working every tinue to strengthen our preparedness try because we’re actually agreeing on day to kill innocent Americans. Today infrastructure so critical for preven- something, and I think I can associate the threat of bioterrorism remains tion and dealing with any possible at- myself with the remarks of my col- very real. tack. league, the primary sponsor of this bill, Earlier this year, the bipartisan Gra- H.R. 2405 also strengthens the role of as well as he could associate with ham-Talent Commission warned that the HHS Assistant Secretary of Pre- mine, Mr. PALLONE, and Mr. PITTS. the United States it is still ‘‘vulnerable paredness and Response. We need to But I rise today in strong support of to a large-scale biological attack.’’ have one leader at HHS that coordi- H.R. 2405, the Pandemic and All-Haz- Thankfully, we have spent the last nates countermeasure development and ards Preparedness Reauthorization Act decade preparing for chemical, biologi- stockpiling across all agencies. This of 2011, which will reauthorize certain cal, radiological, and nuclear threats bill does that. provisions of the Project BioShield Act by developing and stockpiling numer- Finally, this bill includes important of 2004 and the Pandemic and All-Haz- ous medical countermeasures to pro- reforms to the Food and Drug Adminis- ards Preparedness Act of 2006, and I’m tect American citizens in case of such tration, the FDA. The bill strengthens proud to be an original cosponsor of an attack. Because of these efforts, we FDA’s role in reviewing medical prod- this legislation. now have numerous vaccines and treat- ucts for national security priorities. This legislation was initially passed ments in the Strategic National Stock- I believe that we’ve identified bio- by Congress to help the U.S. develop pile that will save lives, and thousands logical threats and spent millions in medical countermeasures against of lives, in the event of such an attack. taxpayers’ funds to develop counter- chemical, biological, radiological, and measures. The FDA must take a lead But we have more work to do to be nuclear terrorism agents to provide a role in getting these countermeasures prepared. H.R. 2405 is a bipartisan, fis- mechanism for Federal acquisition of approved. cally responsible bill that will reau- these newly developed counter- thorize successful biodefense programs While we can use many of these prod- ucts without FDA approval through an measures. at the Department of Health and emergency-use authorization, the FDA Our Nation remains vulnerable to Human Services while also making licensure is hugely important and these threats because many of the vac- some key changes to our Nation’s bio- sends an important signal to devel- cines and medicines that are needed to defense strategy. protect our citizens do not exist. Devel- In 2004 Congress passed Project Bio- opers of these new hopeful technologies and immunizations working on next- oping and stockpiling these medical Shield, which created a market guar- generation medical countermeasures. countermeasures require time, re- antee that prompted the private sector Simply put, medical counter- sources and research, all of which will to develop countermeasures for the measures for national security prior- be provided under this legislation be- Federal Government. Because the gov- ities cannot continue to be treated the fore us today. ernment is the only purchaser of these same way as the next Viagra or As my colleague from Michigan said, countermeasures, it was important to Lipitor. FDA must accelerate their re- it may not be the bestseller on the show the private sector we were com- view and approval. market, like so many other pharma- mitted to developing and eventually It’s important for Members to know ceuticals, but this is something that purchasing these products for stock- that this legislation, again, is fiscally our country needs. pile. responsible. H.R. 2405 does not create H.R. 2405 is important to me because Project BioShield Special Reserve any new Federal programs or increase the University of Texas Medical Fund has been a critical tool to protect spending in any existing programs. I Branch-Galveston National Laboratory our country against an attack, and this am pleased CBO has confirmed this in is literally in the backyard of our con- legislation will reauthorize the fund for their score. H.R. 2405 creates a 5-year gressional district. The Galveston Na- 5 additional years to continue the Fed- reauthorization of the biodefense pro- tional Lab is the only BSL–4 lab lo- eral Government’s commitment to pro- grams we know are working while cated on a university campus. curement of medical countermeasures. making critical policy changes at HHS At the lab, the scientists conduct re- Importantly, this legislation reaffirms to strengthen countermeasure develop- search and develop therapies, vaccines, that the Special Reserve Fund should ment and public health preparedness. and diagnostic tests for naturally-oc- only be used for chemical, biological, I would like to thank my colleagues curring emerging diseases such as radiological, and nuclear counter- on the Energy and Commerce Com- SARS and avian influenza, as well as measure procurement. This is a na- mittee for their hard work on this bi- for microbes that may be employed by tional security priority, and these partisan legislation. Mr. UPTON, Mr. terrorists. funds should never be diverted for PITTS, Mr. WAXMAN, Mr. PALLONE, and This is exactly the type of research other purposes. their staffs have spent several months we hope to encourage under the Pan- In 2006, Congress created a Bio- helping us develop a bipartisan bill demic and All-Hazards Preparedness medical Advanced Research and Devel- that can be signed into law. I want to Reauthorization Act. As an original co- opment Authority, called BARDA, especially thank my friends, GENE sponsor of H.R. 2405 with Mr. ROGERS, which helped bridge what many termed GREEN, SUE MYRICK, and ANNA ESHOO I’m really pleased with how quickly we the ‘‘valley of death’’ that had pre- for their work to advance this legisla- moved this rare bipartisan piece of leg- vented many countermeasure devel- tion; and I appreciate your work and islation. I want to thank Mr. ROGERS, opers from being successful. BARDA counsel along the way, Mr. GREEN. Chairman UPTON, Ranking Member was created because we recognize that I hope we never have to use these WAXMAN and Ranking Member PAL- most of the CBRN countermeasures do countermeasures, Mr. Speaker; but LONE, along with the chair of our not yet exist and medical development they are critical to the assurance that Health Subcommittee, Mr. PITTS, Mrs. countermeasure is a risky, expensive the public will be protected from an at- MYRICK, Ms. ESHOO, and Mr. MARKEY and lengthy process. tack, and we must continue to speed for their work on H.R. 2405. BARDA bridges the funding gap be- development and strengthen our na- I strongly urge my colleagues to vote tween early-stage research and the ul- tional stockpile. Simply put, we must ‘‘yes.’’ timate procurement of products from always be prepared. the SRF fund from the national stock- I would urge the strong support of b 1340 pile. H.R. 2405 reauthorizes BARDA for H.R. 2405. Mr. PITTS. I reserve the balance of 5 years. Mr. PALLONE. Mr. Speaker, I yield my time. In 2006, we also created a unique set such time as he may consume to one of Mr. PALLONE. Mr. Speaker, I yield 2 of public health programs to assist hos- the authors of the bill, the gentleman minutes to the gentlewoman from Cali- pitals, local public health departments, from Texas (Mr. GENE GREEN). fornia (Mrs. CAPPS).

VerDate Mar 15 2010 01:42 Dec 07, 2011 Jkt 019060 PO 00000 Frm 00022 Fmt 7634 Sfmt 0634 E:\CR\FM\K06DE7.032 H06DEPT1 jbell on DSK7SPTVN1PROD with HOUSE December 6, 2011 CONGRESSIONAL RECORD — HOUSE H8159 Mrs. CAPPS. Mr. Speaker, I rise in quality health care for the critically ill and in- sides of the aisle for working with me to rec- support of H.R. 2405, the Pandemic and jured in the context of public health prepared- ognize the importance of critical care pre- All-Hazards Preparedness Reauthoriza- ness. paredness by including these important provi- tion Act. But I want to take this time The 2009 H1N1 pandemic highlighted some sions. I look forward to continuing to work to to discuss a critical health issue that of the deficiencies in current federal critical ensure we have a robust critical care infra- Congress must address before the year care preparedness efforts, as hospitals and in- structure. is out—fixing the sustainable growth tensive care units faced very real of The SPEAKER pro tempore. The rate issue. ventilators and federal officials scrambled to question is on the motion offered by Medicare physicians are facing steep identify solutions to mitigate this potential life the gentleman from Pennsylvania (Mr. reimbursement cuts of nearly 30 per- threatening situation. PITTS) that the House suspend the cent. And to let these cuts go into ef- In order to ensure that the nation’s critical rules and pass the bill, H.R. 2405, as fect will harm not only them and their care system is structured to provide the high- amended. employees, but our seniors as well. est quality and most efficient health care, in- The question was taken; and (two- That’s why I have been a longtime sup- cluding during a national health emergency, I thirds being in the affirmative) the porter of efforts to postpone SGR cuts joined with Congresswoman BALDWIN earlier rules were suspended and the bill, as and continue to work on a permanent this year to introduce the Critical Care Assess- amended, was passed. fix. ment and Improvement Act (H.R. 971). This A motion to reconsider was laid on We here in the House passed legisla- legislation is designed to identify gaps in the the table. tion to do just that through our current critical care delivery model and bolster f version of health care reform. And here capabilities to meet future demand. Today’s we are again, just weeks from the next bill includes provisions that reflect some of the SOAR TECHNICAL CORRECTIONS scheduled cut with an opportunity to national preparedness priorities from in H.R. ACT craft a bipartisan solution to an issue 971. We must ensure that critical care medicine Mr. GOWDY. Mr. Speaker, I move to that both sides of the aisle say they suspend the rules and pass the bill care about. But there is no workable is given sufficient consideration by the Admin- istration in respect to disaster preparedness (H.R. 3237) to amend the SOAR Act by plan in sight. clarifying the scope of coverage of the Instead, it is reported that any fix on efforts. Ms. BALDWIN. Mr. Speaker, I rise in sup- Act, as amended. the House side will come with indefen- The Clerk read the title of the bill. sible strings attached, pitting doctors’ port of the Pandemic and All-Hazards Pre- paredness Reauthorization Act, H.R. 2405, a The text of the bill is as follows: salaries against seniors’ benefits, Fed- measure that will improve our nation’s medical H.R. 3237 eral workers, and important cost-sav- preparedness and response capabilities. ing prevention programs. To be clear, Be it enacted by the Senate and House of Rep- I am especially pleased to see that this bill resentatives of the United States of America in SGR must be fixed permanently, but takes important steps to ensure that our med- Congress assembled, the idea of stripping other critical ical response systems are prepared to care for SECTION 1. SHORT TITLE. health care funding to pay for it, ideas the critically ill and injured in the aftermath of This Act may be cited as the ‘‘SOAR Tech- that will not see the light of day in the a public health emergency. nical Corrections Act’’. Senate, is like robbing Peter to pay As you can imagine, when we face a health SEC. 2. USE OF FUNDS. Paul. It is disingenuous to our Nation’s emergency such as a flu pandemic, the critical Section 3007(a)(4)(F) of the Scholarships for doctors, and it is an indefensible action care delivery system is an integral component Opportunity and Results Act (Public Law which will harm our seniors. of our nation’s medical response. Yet, up to 112–10; 125 Stat. 203) is amended to read as So I urge the majority to stop play- this point, critical care medicine has been follows: ing politics with the health and well- largely under-contemplated in our national ‘‘(F) ensures that, with respect to core aca- demic subjects (as such term is defined in being of our seniors and to work to- health policy. gether to achieve a meaningful and re- section 9101(11) of the Elementary and Sec- Earlier this year, I introduced the bipartisan ondary Education Act of 1965 (20 U.S.C. alistic fix. Critical Care Assessment Act, H.R. 971, with 7801(11)), participating students are taught Mr. PITTS. Mr. Speaker, I would tell my colleague from Minnesota, ERIK PAULSEN. by a teacher who has a baccalaureate degree the gentleman from New Jersey that I This measure seeks to identify gaps in the or equivalent degree, whether such degree have no other speakers. current critical care delivery model and bolster was awarded in or outside of the United Mr. PALLONE. I have no additional our capabilities to meet future demands. States.’’. speakers. I urge support for this legis- I am pleased that the measure before us SEC. 3. NATIONALLY NORM-REFERENCED STAND- lation. It is truly bipartisan. today includes two important provisions from ARDIZED TESTS. I yield back the balance of my time. my bill to improve federal disaster prepared- Section 3008(h) of the Scholarships for Op- portunity and Results Act (Public Law 112– Mr. PITTS. Mr. Speaker, this is good, ness efforts to care for the critically ill and in- bipartisan legislation. I would like to 10; 125 Stat. 205) is amended by striking para- jured. graph (2) and inserting the following: thank Mr. PALLONE, Mr. GREEN, Mr. Notably, the reauthorization bill adds critical ‘‘(2) ADMINISTRATION OF TESTS.—The Insti- WAXMAN, along with our side of the care to the priorities within the nation’s med- tute of Education Sciences shall administer aisle, for developing and helping move ical preparedness goals. When a natural dis- nationally norm-referenced standardized this bipartisan legislation. I urge my aster strikes or a pandemic sweeps the nation, tests, as described in paragraph (3)(A) of sec- colleagues to support it, and I yield the demands on critical care increase expo- tion 3009(a), to students participating in the back the balance of my time. nentially, and I am pleased to see this lan- evaluation under section 3009(a) for the pur- Mr. PAULSEN. Mr. Speaker, I rise in sup- guage that recognizes the importance of treat- pose of conducting the evaluation under such section, except where a student is attending port of the Pandemic and All-Hazards Pre- ing the critically ill and injured in a public paredness Reauthorization Act that aims to a participating school that is administering health emergency. the same nationally norm-referenced stand- bolster the nation’s public health preparedness Additionally, the reauthorization bill improves ardized test in accordance with the testing infrastructure. efforts to ensure that the systems we have in requirements described in paragraph (1). In particular, I want to thank Congressman place to address surge capacity will work ef- ‘‘(3) TEST RESULTS.—Each participating ROGERS for including key provisions that en- fectively and efficiently during an emergency. school that administers the nationally norm- hance the nation’s ability to care for the criti- Specifically, the bill includes language to pro- referenced standardized test described in cally ill and injured in the aftermath of a public vide for periodic evaluation and testing of the paragraph (2) to an eligible student shall health emergency. This includes section two databases intended to ensure medical surge make the test results, with respect to such that adds the critical care system to the Na- student, available to the Secretary as nec- capacity. essary for evaluation under section 3009(a).’’. tional Health Security Strategy’s medical pre- As we learned during Hurricane Katrina and SEC. 4. EVALUATIONS. paredness goals, to ensure that critical care is the 2009 H1N1 pandemic, having a system in Section 3009(a)(3) of the Scholarships for prioritized in planning efforts to increase pre- place for the effective deployment of needed Opportunity and Results Act (Public Law paredness in respect to public health emer- medical personnel and supplies is vital for the 112–10; 125 Stat. 206) is amended— gencies. care of the critically ill and injured. (1) in subparagraph (A), by inserting before We must understand the significant role crit- I would like to thank Chairman UPTON, the semicolon the following: ‘‘in a manner ical care medicine plays in providing high Chairman PITTS, and my colleagues on both consistent with section 3008(h)’’; and

VerDate Mar 15 2010 04:31 Dec 07, 2011 Jkt 019060 PO 00000 Frm 00023 Fmt 7634 Sfmt 0634 E:\CR\FM\K06DE7.033 H06DEPT1 jbell on DSK7SPTVN1PROD with HOUSE H8160 CONGRESSIONAL RECORD — HOUSE December 6, 2011 (2) in subparagraph (C), by inserting ‘‘, if Mr. GOWDY. Mr. Speaker, I would of section 5 of this Act, the’’ and inserting requested by the Institute of Education again thank our colleagues Ms. NORTON ‘‘The’’. Sciences,’’ after ‘‘will participate’’. and Mr. CUMMINGS, and I urge Members (f) CLARIFICATION OF ROLE OF DISTRICT OF The SPEAKER pro tempore. Pursu- to support the passage of H.R. 3237. COLUMBIA AS SUCCESSOR IN INTEREST.—Section ant to the rule, the gentleman from 8 of such Act (sec. 6–321.08, D.C. Official Code) I yield back the balance of my time. is amended by striking ‘‘the terms’’ and all that South Carolina (Mr. GOWDY) and the The SPEAKER pro tempore. The follows and inserting ‘‘any reference to the gentlewoman from the District of Co- question is on the motion offered by ‘Agency’ shall be deemed to be a reference to the lumbia (Ms. NORTON) each will control the gentleman from South Carolina District of Columbia as the successor in interest 20 minutes. (Mr. GOWDY) that the House suspend to the Agency.’’. The Chair recognizes the gentleman the rules and pass the bill, H.R. 3237, as SEC. 2. CLARIFICATION OF PERMITTED ACTIVI- from South Carolina. amended. TIES AT MUNICIPAL FISH MARKET. GENERAL LEAVE The question was taken; and (two- The Act entitled ‘‘An Act Authorizing the Mr. GOWDY. Mr. Speaker, I ask thirds being in the affirmative) the Commissioners of the District of Columbia to make regulations respecting the rights and unanimous consent that all Members rules were suspended and the bill, as privileges of the fish wharf’’, approved March may have 5 legislative days within amended, was passed. 19, 1906 (sec. 37–205.01, D.C. Official Code), is which to revise and extend their re- A motion to reconsider was laid on amended— marks and include extraneous material the table. (1) by striking ‘‘operate as a municipal fish on the bill under consideration. f wharf and market’’ and inserting ‘‘operate as a The SPEAKER pro tempore. Is there market and for such other uses as the Mayor de- objection to the request of the gen- PROMOTING DEVELOPMENT OF termines to be appropriate’’; tleman from South Carolina? SOUTHWEST DISTRICT OF CO- (2) by striking ‘‘, and said wharf shall con- LUMBIA WATERFRONT stitute the sole wharf for the landing of fish and There was no objection. oysters for sale in the District of Columbia’’; Mr. GOWDY. Mr. Speaker, I yield Mr. GOWDY. Mr. Speaker, I move to and myself such time as I may consume. suspend the rules and pass the bill (3) by striking ‘‘operation of said municipal Earlier this year, this body debated (H.R. 2297) to promote the development fish wharf and market’’ and inserting ‘‘oper- and ultimately approved legislation of the Southwest waterfront in the Dis- ation of said market’’. authorizing scholarships to give needy trict of Columbia, and for other pur- SEC. 3. MAINE LOBSTERMAN MEMORIAL. District of Columbia students the op- poses, as amended. (a) IN GENERAL.—Except as provided in sub- portunity to leave their public school The Clerk read the title of the bill. section (b), nothing in this Act or any amend- and enroll in a private school of their The text of the bill is as follows: ment made by this Act authorizes the removal, destruction, or obstruction of the Maine choice. H.R. 2297 Following the House’s approval of Lobsterman Memorial which is located near Be it enacted by the Senate and House of Rep- Maine Avenue in the District of Columbia as of the SOAR Act, the legislation was en- resentatives of the United States of America in the date of enactment of this Act. acted into law as a part of the Depart- Congress assembled, (b) MOVEMENT OF MEMORIAL.—The Maine ment of Defense and Full-Year Con- SECTION 1. PROMOTING DEVELOPMENT OF Lobsterman Memorial referred to in subsection tinuing Appropriations Act, which was SOUTHWEST WATERFRONT. (a) may be moved from its location as of the date signed by the President on April 15. (a) UPDATED DESCRIPTION OF PROPERTY.— of the enactment of this Act to another location We are here today because there are Section 1 of the Act entitled ‘‘An Act to author- on the Southwest waterfront near Maine Ave- several small and technical modifica- ize the Commissioners of the District of Colum- nue in the District of Columbia if at that loca- tions that need to be made in order for bia on behalf of the United States to transfer tion there would be a clear, unimpeded pedes- from the United States to the District of Colum- trian pathway and line of sight from the Memo- the scholarship program to achieve its bia Redevelopment Land Agency title to certain rial to the water. goal. This legislation would clarify real property in said District’’, approved Sep- three provisions: first, the education The SPEAKER pro tempore. Pursu- tember 8, 1960 (sec. 6–321.01, D.C. Official Code), ant to the rule, the gentleman from requirements for teachers of scholar- is amended by striking all that follows the colon ship students; second, how the nation- and inserting the following: ‘‘The property lo- South Carolina (Mr. GOWDY) and the ally norm-referenced test would be ad- cated within the bounds of the site the legal de- gentlewoman from the District of Co- ministered in order to properly collect scription of which is the Southwest Waterfront lumbia (Ms. NORTON) each will control data to study the effectiveness of the Project Site (dated October 8, 2009) under Ex- 20 minutes. hibit A of the document titled ‘Intent to Clarify program; and, third, which students The Chair recognizes the gentleman the Legal Description in Furtherance of Land from South Carolina. participate in the study. Disposition Agreement’, as filed with the Re- GENERAL LEAVE On November 3, the House Com- corder of Deeds on October 27, 2009 as Instru- mittee on Oversight and Government ment Number 2009116776.’’. Mr. GOWDY. Mr. Speaker, I ask Reform approved H.R. 3237, the SOAR (b) CLARIFICATION OF METHOD OF TRANS- unanimous consent that all Members Technical Corrections Act, by a voice FER.—Section 1 of such Act (sec. 6–321.01, D.C. may have 5 legislative days in which to vote. Official Code) is amended by inserting ‘‘by one revise and extend their remarks and in- Mr. Speaker, I would also like to or more quitclaim deeds’’ immediately after ‘‘to clude extraneous material on the bill transfer’’. thank my colleague, Ms. NORTON, and under consideration. (c) CLARIFICATION OF RELATION TO MASTER The SPEAKER pro tempore. Is there my colleague, Ranking Member CUM- DEVELOPMENT PLAN.—Section 2 of such Act MINGS, for working with us to ensure (sec. 6–321.02, D.C. Official Code) is amended— objection to the request of the gen- we had the appropriate language to (1) by striking ‘‘an urban renewal plan’’ and tleman from South Carolina? modify the legislation that is before us inserting ‘‘a master plan’’; and There was no objection. today. (2) by striking ‘‘such urban renewal plan’’ Mr. GOWDY. Mr. Speaker, I yield With that, I reserve the balance of and inserting ‘‘such master plan’’. myself such time as I may consume. my time. (d) EXPANDING PERMITTED DISPOSITIONS AND Although the United States Constitu- Ms. NORTON. Mr. Speaker, I yield USES OF CERTAIN PROPERTY.—Section 4 of such tion gives Congress exclusive legisla- Act (sec. 6–321.04, D.C. Official Code) is amend- tive authority over the Federal Dis- myself such time as I may consume. ed to read as follows: I appreciate Speaker BOEHNER, Sen- ‘‘SEC. 4. The Agency is hereby authorized, in trict, in 1973 we granted the District of ate Homeland Security and Govern- accordance with the District of Columbia Rede- Columbia some significant autonomy ment Affairs Committee Chair LIEBER- velopment Act of 1945 and section 1, to lease or by approving the Home Rule Act. Con- MAN, and Oversight and Government sell to a redevelopment company or other lessee gress still must act, however, before Reform Chair ISSA, as well as my good or purchaser such real property as may be the city can pursue certain activities. colleague on the other side of the aisle, transferred to the Agency under the authority This brings us to the legislation before the subcommittee chairman, Mr. of this Act.’’. us today. (e) REPEAL OF REVERSION.— GOWDY, I appreciate that all of them Mr. Speaker, H.R. 2297 is needed to (1) REPEAL.—Section 5 of such Act (sec. 6– have worked with us and have con- 321.05, D.C. Official Code) is repealed. update zoning laws to allow the Dis- sulted with us on these technical (2) CONFORMING AMENDMENT.—Section 3 of trict the flexibility to lease or sell real changes, and I do not oppose this bill. such Act (sec. 6–321.03, D.C. Official Code) is property on the Southwest waterfront I yield back the balance of my time. amended by striking ‘‘Subject to the provisions to a private-sector developer. There is

VerDate Mar 15 2010 02:34 Dec 07, 2011 Jkt 019060 PO 00000 Frm 00024 Fmt 7634 Sfmt 0634 E:\CR\FM\A06DE7.019 H06DEPT1 jbell on DSK7SPTVN1PROD with HOUSE December 6, 2011 CONGRESSIONAL RECORD — HOUSE H8161 currently a $2 billion redevelopment I urge passage of the bill. tleman from Michigan (Mr. CONYERS) plan pending to renovate this area, I yield back the balance of my time. each will control 20 minutes. which is only a short distance from the Mr. GOWDY. Mr. Speaker, I would The Chair recognizes the gentleman United States Capitol building. once again thank our colleague Ms. from Virginia. We hope this redevelopment plan will HOLMES NORTON and Ranking Member GENERAL LEAVE accomplish its goal of spurring eco- CUMMINGS. Mr. DAVIS, the ranking Mr. GOODLATTE. Mr. Speaker, I ask nomic development and bringing jobs member of the subcommittee, as my unanimous consent that all Members to the city of Washington, D.C. colleague so aptly pointed out, also de- may have 5 legislative days within This legislation was approved by the serves credit. which to revise and extend their re- Committee on Oversight and Govern- With that, I would urge all of our fel- marks and include extraneous mate- ment Reform by a voice vote. I again low Members to support the passage of rials on H.R. 2471, as amended. would like to thank my colleague, Ms. H.R. 2297, and I yield back the balance The SPEAKER pro tempore. Is there HOLMES NORTON from the District of of my time. objection to the request of the gen- Columbia, and Ranking Member CUM- The SPEAKER pro tempore. The tleman from Virginia? MINGS for working with us on this leg- question is on the motion offered by There was no objection. islation. the gentleman from South Carolina Mr. GOODLATTE. Mr. Speaker, I I reserve the balance of my time. (Mr. GOWDY) that the House suspend yield myself such time as I may con- sume. b 1350 the rules and pass the bill, H.R. 2297, as amended. Today I am pleased that we are con- Ms. NORTON. Mr. Speaker, I yield The question was taken; and (two- sidering a bipartisan bill to update the myself such time as I may consume. thirds being in the affirmative) the Video Privacy Protection Act of 1988. I want to thank the chairman of the rules were suspended and the bill, as This bill will ensure that a law related full committee, Mr. ISSA and my good amended, was passed. to the handling of videotape rental in- friend on the other side who is man- A motion to reconsider was laid on formation is updated to reflect the re- aging the bill for the committee, the the table. alities of the 21st century. chair of the subcommittee, Mr. GOWDY, The VPPA was passed by Congress in for working closely with us on this bill f the wake of Judge Robert Bork’s 1987 so that we could get it to the floor RECESS Supreme Court nomination battle, dur- today. I also thank the ranking mem- The SPEAKER pro tempore. Pursu- ing which a local Washington, D.C., ber of the full committee and Mr. ant to clause 12(a) of rule I, the Chair newspaper obtained a list of videotapes DAVIS, the subcommittee ranking declares the House in recess until ap- the Bork family rented from its neigh- member, for their very important con- proximately 2:45 p.m. today. borhood videotape rental store. This sultation. Accordingly (at 1 o’clock and 54 min- disclosure caused bipartisan outrage, H.R. 2297 will allow development of utes p.m.), the House stood in recess which resulted in the enactment of the the waterfront area in Southwest until approximately 2:45 p.m. VPPA. Washington, D.C., by making technical The commercial video distribution changes concerning land owned by the f landscape has changed dramatically District of Columbia. The District has b 1451 since 1988. Back then, the primary con- owned the Southwest waterfront since sumer consumption of commercial AFTER RECESS the early 1960s, but the legislation that video content occurred through the transferred the land to the District The recess having expired, the House sale or rental of prerecorded video- contained restraints typical of the pre- was called to order by the Speaker pro cassette tapes. This required users to home-rule period. tempore (Mr. BASS of New Hampshire) travel to their local video rental store H.R. 2297 updates that outdated legis- at 2 o’clock and 51 minutes p.m. to pick a movie. Afterward, consumers lation to allow for the highest and best f had to travel back to the store to re- use of the land. The limitations serve turn the rented movie. Movies that ONLINE CONSENT FOR SHARING no Federal purpose, but the unintended consumers rented and enjoyed were VIDEO SERVICE USE effect was to make a wasted asset of recommended to friends primarily land that could be productive and Mr. GOODLATTE. Mr. Speaker, I through face-to-face conversations. revenue- and jobs-producing. Federal move to suspend the rules and pass the With today’s technology, consumers agencies have been consulted on H.R. bill (H.R. 2471) to amend section 2710 of can quickly and efficiently access 2297 and raised no objections. title 18, United States Code, to clarify video programming through a variety The bill will allow mixed-use devel- that a videotape service provider may of platforms, including through Inter- opment on the waterfront for the first obtain a consumer’s informed, written net protocol-based video services, all time and will create jobs and raise consent on an ongoing basis and that without leaving their homes. local and Federal revenue at a time consent may be obtained through the This bill updates the VPPA to allow when they are needed most. The Fed- Internet, as amended. videotape service providers to facili- eral Government has no interest in the The Clerk read the title of the bill. tate the sharing on social media net- Southwest waterfront other than the The text of the bill is as follows: works of the movies watched or rec- Maine Lobsterman Memorial and the H.R. 2471 ommended by users. Specifically, it is Titanic Memorial, which the District Be it enacted by the Senate and House of Rep- narrowly crafted to preserve the and the National Park Service have resentatives of the United States of America in VPPA’s protections for consumers’ pri- worked together to preserve. Congress assembled, vacy while modernizing the law to em- The bill also expands the types of SECTION 1. AMENDMENT. power consumers to do more with their that can be sold at the fish mar- Section 2710(b)(2) of title 18, United States video consumption preferences, includ- ket on the waterfront—a market well Code, is amended by striking subparagraph (B) ing sharing names of new or favorite known in the region. The bill includes and inserting the following: TV shows or movies on social media in language that we developed with Sen- ‘‘(B) to any person with the informed, written a simple way. However, it protects the consent (including through an electronic means ator SUSAN COLLINS of Maine to ensure using the Internet) in a form distinct and sepa- consumer’s control over the informa- the protection of the Maine rate from any form setting forth other legal or tion by requiring consumer consent be- Lobsterman Memorial, which is lo- financial obligations of the consumer given at fore any of this occurs, and it makes cated at the Southwest waterfront near one or both of the following times— clear that a consumer can opt-in to the Maine Avenue. ‘‘(i) the time the disclosure is sought; and ongoing sharing of his or her favorite Mr. Speaker, this is a noncontrover- ‘‘(ii) in advance for a set period of time or movies or TV shows without having to sial bill that passed committee by until consent is withdrawn by such consumer;’’. provide consent each and every time a voice vote that removes out-of-date re- The SPEAKER pro tempore. Pursu- movie is rented. strictions. It involves no cost to the ant to the rule, the gentleman from It also makes clear that written, af- Federal Government. Virginia (Mr. GOODLATTE) and the gen- firmative consent can be provided

VerDate Mar 15 2010 02:34 Dec 07, 2011 Jkt 019060 PO 00000 Frm 00025 Fmt 7634 Sfmt 0634 E:\CR\FM\K06DE7.038 H06DEPT1 jbell on DSK7SPTVN1PROD with HOUSE H8162 CONGRESSIONAL RECORD — HOUSE December 6, 2011 through the Internet and can be with- As the bill moved through committee tion of Judge Robert Bork’s rental drawn at any time. markup, I wanted to make sure that records during his nomination pro- Finally, thanks to an amendment the bill provided the greatest protec- ceeding to the United States Supreme from the gentleman from New York, tions for consumer privacy. Accord- Court. The committee report also the ranking member of the Constitu- ingly, like the subcommittee chair, I noted where an attorney obtained tion Subcommittee, Mr. NADLER, the supported the Nadler amendments that video records in a custody dispute to amended bill we are considering today required such consent requests be demonstrate that the father was unfit requires that the consent be distinct clearly and prominently presented to to have custody of his children based and separate from any other form set- the consumer. largely on his video rental records. ting forth other legal and financial ob- b 1500 Many of the lawsuits today reflect con- ligations. sumer concerns with precisely this This bill is truly pro-consumer and Fortunately, those amendments were type of abuse and misuse of rental places the decision of whether or not to accepted. And though I feel that the records and other equally private infor- share video rentals with one’s friends bill could have gone further—I believe, mation. squarely in the hands of the consumer. for example, that the consumer should The stated purpose of the bill is to In fact, the cochairs of the Future of be asked periodically if their consent respond to the new commercial video Privacy Forum correctly pointed out, should be renewed—it is a good bill. distribution landscape by empowering in an opinion piece in Roll Call on No- Accordingly, I join in supporting its consumers to do more with their video vember 29, that ‘‘the antiquated law on passage. consumption , including the books is a hindrance to con- I reserve the balance of my time. sharing names of new or favorite TV sumers.’’ Mr. GOODLATTE. Mr. Speaker, I shows or movies on social media in a This legislation does not change the thank the gentleman from Michigan, simple way. But when you really peel scope of who is covered by the VPPA or the distinguished ranking member of away the layers, you have to ask your- the definition of ‘‘personally identifi- the committee, for his support for the self one question: Who does this bill able information.’’ In addition, it pre- legislation. benefit? It really doesn’t benefit the serves the requirement that the user I continue to reserve the balance of consumer. The consumer already has provide affirmative, written consent. my time. the capacity to share his or her video It is time that Congress updates the Mr. CONYERS. I am pleased to yield preferences online however she pleases. VPPA to keep up with today’s tech- such time as he may consume to the The bill instead benefits companies nology and the consumer marketplace. gentleman from North Carolina, my by relieving them of the burden of pro- This bill does just that. I hope my col- friend MEL WATT of the Judiciary Com- tecting consumer records by getting a leagues will join me in supporting this mittee. He is the ranking sub- one-time universal consent to disclose important piece of bipartisan legisla- committee member of this part of the users’ viewing history in order to share tion. Judiciary Committee. them on social media sites. But be- I reserve the balance of my time. Mr. WATT. I thank the gentleman Mr. CONYERS. Mr. Speaker, I yield cause social media sites are often dy- from Michigan for yielding time. I re- myself such time as I may consume. namic, with users’ rosters of friends I thank the gentleman from Virginia gret that I have to be the skunk at the ever changing, a consumer’s consent party today in opposition to this bill. (Mr. GOODLATTE) for his excellent pres- today to allow access to their viewing entation. I agree with him that what While I support innovation on the history is clearly not informed by who probably triggered this bill in 1988 was Web, I do not support it at the expense will be their friend tomorrow. Supreme Court nominee Robert Bork’s of consumer privacy. I believe we’ve Today, when online bullying of teens video rental history in which his pri- rushed this bill to the floor without or young adults is increasing and lead- vacy was violated in a very major way. sufficient development and, con- ing to depression or suicide, we should And so I join him and the members of sequently, without giving any thought have greater care to ensure that their the House Judiciary Committee in sup- to its implications for consumer pri- interests are not cavalierly dis- porting the Video Privacy Protection vacy. regarded. Allowing video service pro- Act, which provides continued con- The bill would amend what is widely viders to release information as private sumer protection. H.R. 2471 is very im- considered to be one of the strongest as a person’s viewing history, which portant in this respect because, over protections of consumer privacy clearly shows to the world their loves, the course of the 23 years since this records in the United States, the Video likes, and dislikes, should not be done measure has become law, there have Privacy Protection Act, without re- without careful contemplation and been significant changes in the ways ceiving testimony from a single pri- consideration. and the means by which people view vacy expert. It also ignores the impact In closing, I would just emphasize technological content. this bill may have on State laws pro- that I believe that technological ad- Movies can now be downloaded to viding similar or greater protections. vance and innovation are both ex- mobile phones; live events can be At a time when we know that tech- tremely important. It is the future of streamed in real-time to laptops using nology that’s pervasive and invasive America’s economy. I don’t question mobile Internet services. There were so has become almost commonplace, our that. However, allowing the release of many other things happening in the responsibility as policymakers is not truly private consumer information in transformation that go on at all times to surrender to technology and to sac- the name of innovation without careful that could not have been contemplated rifice the values that we have held dear consideration is reckless on our part, in 1988. So there was ambiguity about since the founding of this Nation. and I urge my colleagues to vote ‘‘no’’ whether the statute applies only to Technology and privacy are not in- on this legislation. physical goods, such as videocassettes compatible. We can and should pro- Mr. GOODLATTE. Mr. Speaker, I and DVDs. mote technological innovation while yield myself such time as I may con- Under this bill, a videotape service simultaneously preventing the unwar- sume to respond to my good friend provider means anybody engaged in the ranted, uninformed dissemination of from North Carolina. He and I have at- business, in or affecting interstate or personal information. This bill falls tempted to work together to resolve foreign commerce, of rental, sale, or short of that objective. The supporters his differences. In fact, I believe that delivery or prerecorded videocassette of this bill point to the widespread the amendment offered by the gen- tapes or similar audiovisual materials. sharing already taking place over the tleman from New York (Mr. NADLER) It’s the phrase ‘‘similar audiovisual Internet, but they neglect to publicize does resolve some of the concerns the materials’’ that has created some am- the privacy lawsuits, some of which are gentleman had. But obviously, as he biguity. So what we’ve done is specified still pending, against those video and has just expressed, not all of them. So the requirement of informed written music sites that permit their users to I would like to respond to what he has consent for disclosure may include con- share their playlist. indicated. sent through electronic means using The Video Privacy Protection Act Content providers, the Internet com- the Internet. was not only a reaction to the publica- munity, and consumer advocacy groups

VerDate Mar 15 2010 02:34 Dec 07, 2011 Jkt 019060 PO 00000 Frm 00026 Fmt 7634 Sfmt 0634 E:\CR\FM\K06DE7.044 H06DEPT1 jbell on DSK7SPTVN1PROD with HOUSE December 6, 2011 CONGRESSIONAL RECORD — HOUSE H8163 support the bipartisan effort to enact a about themselves with their friends; from having this kind of private infor- commonsense modernization of the but used inappropriately, personal in- mation—I would think since the origi- Video Privacy Protection Act. Hulu, formation can be shared beyond a nal Video Protection Act was about Google, Facebook, IAC, Apple, the Cen- user’s friends. Just as parents are re- protecting the privacy of Judge Robert ter for Democracy and Technology, and sponsible for teaching their children Bork and people going into his records the Future of Privacy Forum are not to talk to strangers, the committee to review his video viewing privacy, among those who see H.R. 2471 for the expects parents to play an active role that my colleagues on the opposite side simple modernizing amendment that it in ensuring their children’s proper use of the aisle would be the most vigorous is. of social networking or any other Web in trying to protect this. But here we The VPPA contains a strict standard sites on the Internet. are giving in to the interests that will of privacy: Opt-in consent. The pro- This legislation in no way changes make money out of this and exposing posed amendment to the VPPA, H.R. the privacy protection for children on our children and our own viewing hab- 2471, keeps the opt-in standard fully in- the Internet. And that law, as the its to this kind of intrusive action on tact. H.R. 2471 enhances the protection VPPA itself, with regard to its privacy our part, and we are doing it without provided by the VPPA by ensuring that protections and its opt-in require- the benefit of any testimony at a hear- the opt-in consent required must be ments, is not changed. This is simply a ing to talk about this. We should sim- separate and distinct from any other modern way for people to be able to ply not be doing this. end-user agreement. This measure fur- communicate with their friends in I would like to submit for the ther empowers consumers to make de- ways that are convenient to them and RECORD a letter dated December 5, 2012, cisions about their information in a that they already use and do not under- from the Electronic Privacy Informa- manner that is fully informed. stand why, if they can use it with tion Center in which they aggressively None of the examples provided by Mr. music, with news, with books, with oppose this legislation. They say they WATT illustrated disagreement between other forms of communication and are a nonpartisan public interest re- the commenters he highlighted with speech, that they can’t do it with re- search organization. the consumer empowerment measures gard to their movie and television The Video Privacy Protection Act that H.R. 2471 provides. H.R. 2471 sim- shows. was passed in 1988, following disclosure ply gives consumers the freedom to I reserve the balance of my time. of the private video rental records of a share what they’ve watched with their Mr. CONYERS. Mr. Speaker, I yield Supreme Court nominee by a video friends if they would like to. It grants my colleague from North Carolina (Mr. rental store to a news organization. consumers the same right to share WATT) as much time as he may con- There was broad-based support for pas- movies and television shows that sume. sage, and the act was signed by Presi- they’ve enjoyed, as is already possible Mr. WATT. I thank the gentleman dent Ronald Reagan. This act is consid- for music, news, and books. He cor- for yielding once again. ered a model privacy act in many re- rectly notes that someone can right And in response to my colleague from spects. It is technology neutral. now go on Facebook or some other so- Virginia (Mr. GOODLATTE), we have in And this bill undermines this Video cial media and say, I watched this fact been trying to work out our dif- Privacy Act that was the model act movie or that television show, and I ferences. The problem is that his defi- that was designed to protect a Repub- like it or don’t like it. The difference, nition of protecting privacy is not as lican nominee to the Supreme Court however, is that consumers do not un- extensive as my definition of pro- and was signed into law by a Repub- derstand why they can have an ar- tecting privacy. And I think my defini- lican President. And here we are in this rangement for the music they listen to tion of protecting privacy is more con- Congress getting ready to send a bill to immediately go up online so that sistent with consumers, because con- over to the Senate—which hopefully their friends can listen to the same sumers keep filing these lawsuits to they won’t act on; they will save us music simultaneously, but with regard try to protect themselves from the dis- from our own ineptitude—which would to movies they have to take additional closure of their personal information. undermine the key provision of the steps that can, under circumstances, be The Electronic Privacy Information Video Protection Act, which is the inconvenient to them. That’s why they Center, which has been at the forefront right of users to give meaningful con- like this convenience, and that’s why of ensuring privacy protections for con- sent to the disclosure of their personal consumers should have it. And that’s sumers in the information age, just information. why this bill empowers consumers in last week secured a victory for This blanket consent, according to ways that they are not empowered Facebook users when its complaint to the Electronic Privacy Information today, and why it is a real consumer the Federal Trade Commission resulted Center—and I agree with them whole- bill. in a settlement requiring Facebook to H.R. 2471 ensures that the VPPA’s heartedly. The blanket consent provi- establish an extensive privacy pro- high standard of privacy protection re- sions transfer control from the indi- gram. Analytics Company and Web mains untouched. Consumers must af- vidual user to the company in posses- video Hulu.com have been hit with an- firmatively opt in to share with friends sion of the data and diminish the con- other privacy lawsuit over their al- the movies and television shows trol that Netflix customers would have leged use of supercookies to track peo- they’ve watched. A consumer can with- in the use and disclosure of their per- draw his or her consent at any time. ple. sonal information. There is case after case after case of And H.R. 2471 is narrowly tailored to ‘‘While we recognize that other com- consumers’ information being used, update the VPPA, a 1980s law, to make panies routinely report on the activi- abused, and misused, and here we are it compatible with consumers’ desires, ties of their customers, we note that making it easier for that to occur by with consumers’ communication, with Facebook users have never been par- consumers’ socializing on the Internet saying you can give one time—they al- ticularly happy about this. The history in the 21st century. ready have the authority to release the of Beacon is well known—and also that information when they download a the routine disclosure of video viewing b 1510 movie now, but this will give one-time, activities is not something that most The committee has indicated in its universal coverage to release every- Facebook users are clamoring for.’’ report language that there is no inten- thing that I view on video. And that’s In fact, Facebook, as we just indi- tion for this clarification to negate in inconsistent with what I think is nec- cated, just entered into a settlement of any way existing laws, regulations, and essary to protect the privacy of people a privacy lawsuit. And here we are on practices designed to protect and pro- in this electronic age. the floor of the House saying that we vide the privacy of children on the Now, I understand that there are peo- the business interests more than Internet. As always, however, the first ple who have an interest in this; I we value the personal privacy interests line of defense to protecting a child’s mean, there are people who profit from of individual citizens. privacy while online is the parents. mining this kind of information. But This is a bad idea. It shouldn’t be Social networking Web sites allow our interest should be in protecting the here on the suspension calendar as if users to share personal information rights of consumers, protecting them it’s a noncontroversial clarification of

VerDate Mar 15 2010 02:34 Dec 07, 2011 Jkt 019060 PO 00000 Frm 00027 Fmt 7634 Sfmt 0634 E:\CR\FM\K06DE7.048 H06DEPT1 jbell on DSK7SPTVN1PROD with HOUSE H8164 CONGRESSIONAL RECORD — HOUSE December 6, 2011 the law. This is a dramatic under- H.R. 2471 would undermine the key provi- strong support on both sides of the mining of the Video Privacy Protection sion in the VPPA, which is the right of users aisle. Act. We are doing a disservice to our to give meaningful consent to the disclosure I have no further requests for time, constituents by giving this authority. of their personal information. Such blanket and I reserve the balance of my time. consent provisions transfer control from the They already have the authority to do Mr. CONYERS. Mr. Speaker, I am individual user to the company in possession pleased to yield the remainder of my it on a case-by-case-by-case basis. It of the data and diminish the control that may be inconvenient to the companies Netflix customers would have in the use and time to a distinguished magistrate to get the authority given to them that disclosure of their personal information. from Georgia (Mr. JOHNSON), now a way, but that’s the way it should be While we recognize that other companies member of the Judiciary Committee. given to them, not in some blanket au- routinely report on the activities of their The SPEAKER pro tempore. The gen- thority that just allows the companies customers, we note that Facebook users tleman is recognized for 2 minutes. to go in and use this information willy- have never been particularly happy about Mr. JOHNSON of Georgia. Thank this—the history of Beacon is well known— you, mister ranking member. nilly and without regard to the pri- and also that the routine disclosure of video Mr. Speaker, I rise today in opposi- vacy. viewing activities is not something that tion to passage of H.R. 2471. This bill I thank the gentleman for yielding most Facebook users are clamoring for. If will make it easy for video producers again. And I may ask him to yield anything, most Netflix users seem to be un- to be able to sell to others information again depending on what happens—oh, happy about the company’s disregard for its customers. that consumers may feel is private. he says he’s not going to yield to me Now, I, myself, don’t want folks to anymore. The proposal is particularly surprising in light of the recent decision by the Federal know that I have ordered up ‘‘Debbie I just think my colleagues should Does Dallas.’’ I may not mind if they vote against this bill, defeat it on sus- Trade Commission concerning Facebook and privacy, which found that when companies know that I ordered up ‘‘J. Edgar,’’ but , and let’s at least debate it seek to change the privacy defaults of their I don’t want them to know that I or- under regular order on the floor of the users, they are essentially engaging in an dered ‘‘Good Girls Gone Bad.’’ And on House or send it back to the committee unfair and deceptive trade practice. That behalf of Judge Robert Bork, I cer- so we can have some hearings about would be the practical impact of this amend- tainly wouldn’t want anyone to be able ment—to take away control of the user’s in- the privacy implications so we can get to uncover the fact that he’s been or- this done. formation after the user had subscribed to the service. There is nothing in the proposal dering up relentlessly the film ‘‘Bad ELECTRONIC PRIVACY that would ‘‘modernize’’ the Act; it simply Boys of Summer.’’ INFORMATION CENTER, allows Netflix to post more information We have a right to privacy, and that Washington, DC, December 5, 2011. about the activity of its customers, whether right should not just be given away Congressman MEL WATT, or not the customers would choose to post without adequate knowledge on behalf Rayburn HOB, such information themselves. of the consumer what they’re giving Washington, DC. EPIC would therefore recommend that DEAR CONGRESSMAN WATT: Thank you for away. members of Congress vote NO on H.R. 2471. your request for comments from the Elec- This bill has proceeded to the suspen- Users remain free to disclose their video tronic Privacy Information Center (‘‘EPIC’’) sion calendar without any kind of hear- viewing habits if they wish; there is no rea- regarding H.R. 2471, which would amend the son to change the default. EPIC would also ing before the Judiciary Committee on Video Privacy Protection Act (‘‘VPPA’’). recommend a hearing on the legislation so whether or not the bill should be EPIC had hoped to provide comments at a that all views, both for and against, can be marked up or not. We have not heard hearing on the bill, but as the sponsors of the presented, and Members are provided an op- from experts. We don’t know what kind legislation chose to push through the legisla- portunity to fully assess the proposal. tion without the opportunity for public dis- of waiver by Internet, we don’t know Privacy is the number one concern of cussion, we appreciate the opportunity to the mechanics of that waiver. We don’t Internet users today. It would be foolish to share our views in response to your request. know how easy it will be to waive your adopt an amendment that weakens privacy EPIC is nonpartisan, public interest re- right. It could be as easy as waiving legislation already in place. search organization, established in 1994 to Please feel free to contact me if you have your right to a jury trial in a cell focus public attention on emerging privacy any further questions. phone contract. For those reasons, I and civil liberties issues, We maintain two of Sincerely, ask that this bill be denied. the most popular privacy sites on the Inter- MARC ROTENBERG, Mr. GOODLATTE. Mr. Speaker, I net—EPIC.ORG and PRIVACY.ORG—and President, Electronic Privacy yield myself such time as I may con- testify frequently in Congress. We have also Information Center (EPIC). represented the interests of Facebook users sume just to say to the gentleman from over the years in a wide range of privacy Mr. GOODLATTE. Mr. Speaker, I Georgia that I have good news for him. matters. yield myself such time as I may con- There is absolutely no way that anyone The Video Privacy Protection Act was sume. can, under this legislation, find out passed in 1988 following the disclosure of the In no way does this legislation in any any of his video-viewing habits unless private video rental records of a Supreme way undercut the principal purpose of he consents, with informed consent, Court nominee by a video rental store to a the Video Privacy Protection Act be- with a separate consent to allowing news organization. There was broad-based support for passage and the Act was signed cause the power rests with the con- that information to be made known to into law by President Reagan. The VPPA is sumer. anybody. Again, this legislation makes good considered a model privacy law in many re- b 1520 spects—it is technology neutral, focusing on sense. It’s what consumers want in the the obligations of businesses and the rights Basically, what this legislation does 21st century. It’s how they share their of customers in the collection and use of per- is it empowers consumers to do things information online. And those who sonal information. It makes clear the cir- in the 21st century with regard to their don’t want to share their information cumstances when personal information may movie and television viewing, commu- this way do not have to give this con- be disclosed and it provides a private right of nications with their friends that they sent. Therefore, this legislation, I action when violations occur. already have with music, they already The VPPA makes no specific references to think, strikes the right balance. particular technologies. First Amendment have with news, they already have with I urge my colleagues to support the concerns are addressed in the Act by recog- books or magazine articles that they legislation, and I yield back the bal- nizing that when the press seeks to publish read; and we should have that kind of ance of my time. information, Congress may not limit the consistency in the law. Mr. CONNOLLY of Virginia. Mr. Speaker, I rights of the press. However, businesses that The Video Protection Privacy Act re- rise in support of H.R. 2471. This bill would collect information from their customers mains strong, and its principal pur- update the Video Privacy Protection Act by have an obligation to safeguard that infor- poses remain there intact; and it has giving consumers the ability to use social mation and to ensure it is used only for ap- an opt-in requirement, an opt-in re- media to discuss movies they have been propriate purposes. As with most privacy quirement that anyone who wants to laws, the VPPA contains a consent provision watching. When it was passed in 1988, inter- that allows individuals to disclose their per- avail themselves of this convenience net social media did not exist, and the law sonal information to others if they wish. has to give informed concept to do so. needs an update for the digital age. There is nothing in the Act that prevents in- I urge my colleagues to support this This legislation explicitly prevents busi- dividuals from so doing. very bipartisan legislation. It has nesses from using an ‘‘opt out’’ mechanism

VerDate Mar 15 2010 02:34 Dec 07, 2011 Jkt 019060 PO 00000 Frm 00028 Fmt 7634 Sfmt 9920 E:\CR\FM\K06DE7.050 H06DEPT1 jbell on DSK7SPTVN1PROD with HOUSE December 6, 2011 CONGRESSIONAL RECORD — HOUSE H8165 which businesses might abuse to consumers’ (R) The district of Nevada. (ii) resulting from the death, retirement, detriment. Instead, it requires that consumers (2) VACANCIES.— , or removal of a bankruptcy proactively choose to share their movie pref- (A) SINGLE VACANCIES.—Except as provided judge, erences with their friends. For this reason, the in subparagraphs (B), (C), (D), and (E), the shall not be filled. 1st vacancy in the office of a bankruptcy Future of Privacy Forum, a consumer advo- (C) EASTERN DISTRICT OF TENNESSEE.—The judge for each district specified in paragraph 1st vacancy in the office of a bankruptcy cacy group, supports this legislation. (1)— judge for the eastern district of Tennessee— This update ensures that consumers can (i) occurring more than 5 years after the (i) occurring more than 5 years after the use existing social media outlets to discuss date of the enactment of this Act, and date of the enactment of this Act, and movies they have watched. It may also con- (ii) resulting from the death, retirement, (ii) resulting from the death, retirement, tribute to the health of the movie industry by resignation, or removal of a bankruptcy resignation, or removal of a bankruptcy integrating it more fully into new modes of judge, judge, internet communications used by consumers. shall not be filled. shall not be filled. I applaud my colleague from Virginia, Mr. (B) CENTRAL DISTRICT OF CALIFORNIA.—The (3) APPLICABILITY OF OTHER PROVISIONS.— GOODLATTE, for his work on this legislation 1st, 2d, and 3d vacancies in the office of a Except as provided in paragraphs (1) and (2), and urge my colleagues to support it. bankruptcy judge for the central district of all other provisions of section 3 of the Bank- California— The SPEAKER pro tempore. The ruptcy Judgeship Act of 1992 (28 U.S.C. 152 (i) occurring 5 years or more after the date note) and section 1223(c) of Public Law 109–8 question is on the motion offered by of the enactment of this Act, and (28 U.S.C. 152 note) remain applicable to the the gentleman from Virginia (Mr. (ii) resulting from the death, retirement, temporary office of bankruptcy judges re- GOODLATTE) that the House suspend resignation, or removal of a bankruptcy ferred to in paragraph (1). the rules and pass the bill, H.R. 2471, as judge, (c) TEMPORARY OFFICE OF THE BANKRUPTCY amended. shall not be filled. JUDGE AUTHORIZED BY PUBLIC LAW 102–361 The question was taken. (C) DISTRICT OF DELAWARE.—The 1st, 2d, 3d, FOR THE MIDDLE DISTRICT OF NORTH CARO- The SPEAKER pro tempore. In the and 4th vacancies in the office of a bank- LINA.— (1) EXTENSION.—The temporary office of opinion of the Chair, two-thirds being ruptcy judge for the district of Delaware— (i) occurring more than 5 years after the the bankruptcy judge authorized by section 3 in the affirmative, the ayes have it. of the Bankruptcy Judgeship Act of 1992 (28 Mr. WATT. Mr. Speaker, on that I de- date of the enactment of this Act, and (ii) resulting from the death, retirement, U.S.C. 152 note) for the middle district of mand the yeas and nays. resignation, or removal of a bankruptcy North Carolina is extended until the vacancy The yeas and nays were ordered. judge, specified in paragraph (2) occurs. (2) VACANCY.—The 1st vacancy in the office The SPEAKER pro tempore. Pursu- shall not be filled. of a bankruptcy judge for the middle district ant to clause 8 of rule XX, further pro- (D) SOUTHERN DISTRICT OF FLORIDA.—The of North Carolina— ceedings on this question will be post- 1st and 2d vacancies in the office of a bank- (A) occurring more than 5 years after the ruptcy judge for the southern district of poned. date of the enactment of this Act, and Florida— f (B) resulting from the death, retirement, (i) occurring more than 5 years after the resignation, or removal of a bankruptcy date of the enactment of this Act, and TEMPORARY BANKRUPTCY JUDGE- judge, SHIPS EXTENSION ACT OF 2011 (ii) resulting from the death, retirement, resignation, or removal of a bankruptcy shall not be filled. Mr. SMITH of Texas. Mr. Speaker, I judge, (3) APPLICABILITY OF OTHER PROVISIONS.— move to suspend the rules and pass the Except as provided in paragraphs (1) and (2), shall not be filled. all other provisions of section 3 of the Bank- bill (H.R. 1021) to prevent the termi- (E) DISTRICT OF MARYLAND.—The 1st, 2d, ruptcy Judgeship Act of 1992 (28 U.S.C. 152 nation of the temporary office of bank- and 3d vacancies in the office of a bank- note) remain applicable to the temporary of- ruptcy judges in certain judicial dis- ruptcy judge for the district of Maryland— fice of the bankruptcy judge referred to in (i) occurring more than 5 years after the tricts, as amended. paragraph (1). The Clerk read the title of the bill. date of the enactment of this Act, and SEC. 3. BANKRUPTCY FILING FEE. The text of the bill is as follows: (ii) resulting from the death, retirement, resignation, or removal of a bankruptcy (a) BANKRUPTCY FILING FEE.—Section H.R. 1021 judge, 1930(a)(3) of title 28, United States Code, is Be it enacted by the Senate and House of Rep- amended by striking ‘‘$1,000’’ and inserting shall not be filled. resentatives of the United States of America in ‘‘$1,042’’. (3) APPLICABILITY OF OTHER PROVISIONS.— Congress assembled, (b) EXPENDITURE LIMITATION.—Incremental Except as provided in paragraphs (1) and (2), SECTION 1. SHORT TITLE. amounts collected by reason of the enact- all other provisions of section 1223(b) of Pub- ment of subsection (a) shall be deposited in a This Act may be cited as the ‘‘Temporary lic Law 109–8 (28 U.S.C. 152 note) remain ap- special fund in the Treasury to be estab- Bankruptcy Judgeships Extension Act of plicable to the temporary office of bank- lished after the date of enactment of this 2011’’. ruptcy judges referred to in paragraph (1). Act. Such amounts shall be available for the SEC. 2. EXTENSION OF TEMPORARY OFFICE OF EMPORARY FFICE OF ANKRUPTCY purposes specified in section 1931(a) of title BANKRUPTCY JUDGES IN CERTAIN (b) T O B JUDICIAL DISTRICTS. JUDGES EXTENDED BY PUBLIC LAW 109–8.— 28, United States Code, but only to the ex- tent specifically appropriated by an Act of (a) TEMPORARY OFFICE OF BANKRUPTCY (1) EXTENSIONS.—The temporary office of Congress enacted after the date of enactment JUDGES AUTHORIZED BY PUBLIC LAW 109–8.— bankruptcy judges authorized by section 3 of of this Act. (1) EXTENSIONS.—The temporary office of the Bankruptcy Judgeship Act of 1992 (28 (c) EFFECTIVE DATE.—This section shall bankruptcy judges authorized for the fol- U.S.C. 152 note) and extended by section take effect 180 days after the date of enact- lowing districts by section 1223(b) of Public 1223(c) of Public Law 109–8 (28 U.S.C. 152 ment of this Act. Law 109–8 (28 U.S.C. 152 note) are extended note) for the district of Delaware, the dis- until the applicable vacancy specified in trict of Puerto Rico, and the eastern district The SPEAKER pro tempore. Pursu- paragraph (2) in the office of a bankruptcy of Tennessee are extended until the applica- ant to the rule, the gentleman from judge for the respective district occurs: ble vacancy specified in paragraph (2) in the Texas (Mr. SMITH) and the gentleman office of a bankruptcy judge for the respec- (A) The central district of California. from Michigan (Mr. CONYERS) each will tive district occurs. (B) The eastern district of California. control 20 minutes. (C) The district of Delaware. (2) VACANCIES.— (A) DISTRICT OF DELAWARE.—The 5th va- The Chair recognizes the gentleman (D) The southern district of Florida. from Texas. (E) The southern district of Georgia. cancy in the office of a bankruptcy judge for (F) The district of Maryland. the district of Delaware— GENERAL LEAVE (G) The eastern district of Michigan. (i) occurring more than 5 years after the Mr. SMITH of Texas. Mr. Speaker, I (H) The district of New Jersey. date of the enactment of this Act, and ask unanimous consent that all Mem- (I) The northern district of New York. (ii) resulting from the death, retirement, bers may have 5 legislative days within (J) The southern district of New York. resignation, or removal of a bankruptcy judge, which to revise and extend their re- (K) The eastern district of North Carolina. marks and include extraneous mate- (L) The eastern district of Pennsylvania. shall not be filled. rials on H.R. 1021, as amended, cur- (M) The middle district of Pennsylvania. (B) DISTRICT OF PUERTO RICO.—The 2d va- (N) The district of Puerto Rico. cancy in the office of a bankruptcy judge for rently under consideration. (O) The district of South Carolina. the district of Puerto Rico— The SPEAKER pro tempore. Is there (P) The western district of Tennessee. (i) occurring more than 5 years after the objection to the request of the gen- (Q) The eastern district of Virginia. date of the enactment of this Act, and tleman from Texas?

VerDate Mar 15 2010 04:31 Dec 07, 2011 Jkt 019060 PO 00000 Frm 00029 Fmt 7634 Sfmt 0634 E:\CR\FM\A06DE7.026 H06DEPT1 jbell on DSK7SPTVN1PROD with HOUSE H8166 CONGRESSIONAL RECORD — HOUSE December 6, 2011 There was no objection. portant bankruptcy reforms Congress passed HOUSE OF REPRESENTATIVES, Mr. SMITH of Texas. Mr. Speaker, I in 2005, for example, called on judges to do COMMITTEE ON WAYS AND MEANS, yield myself such time as I may con- more to help prevent bankruptcy abuse. And Washington, DC, December 5, 2011. sume. Hon. LAMAR SMITH, large, complex chapter 11 cases, like the re- Chairman, Committee on the Judiciary, Ray- One of the results of a slack economy cently filed mega-case of American Airlines, is that more individuals and businesses burn House Office Building, Washington, are time-intensive for our bankruptcy judges. DC. have filed for bankruptcy. In fact, over However, no new bankruptcy judgeships DEAR CHAIRMAN SMITH: I am writing con- the past 3 years, the number of bank- have been created since 2005. At that time, cerning H.R. 1021, as amended, the ‘‘Tem- ruptcy petitions filed in bankruptcy Congress created temporary judgeships so porary Bankruptcy Judgeships Extension courts has doubled. While recent data Act of 2011,’’ which is scheduled for Floor that it could periodically review the caseloads show that the volume of cases is begin- consideration the week of December 5, 2011. in each district and assess whether the tem- ning to subside, our bankruptcy judges As you know, the Committee on Ways and porary judgeship was still needed. Permanent Means maintains jurisdiction over revenue remain hard at work. judgeships have not been authorized since measures generally. H.R. 1021, as amended, Bankruptcy judges are critical to the contains a provision that raises revenue by operation of our Federal bankruptcy 1992. Every two years, the Judicial Conference of increasing the Chapter 11 filing fees for the courts. The important bankruptcy re- operation and maintenance of the courts of forms Congress passed in 2005, for ex- the United States publishes a report to Con- the United States, which falls within the ju- ample, called on judges to do more to gress that details the judicial needs of each risdiction of the Committee on Ways and help prevent bankruptcy abuse; and district. The Conference evaluates need based Means. In order to expedite this bill for large, complex chapter 11 cases, like on a ‘‘weighted caseload’’ analysis. The 2011 Floor consideration, the Committee will the recently filed mega-case of Amer- weighted caseload statistics demonstrate that forgo action on the bill. This is being done ican Airline, are time intensive for our judges are desperately needed in many dis- with the understanding that it does not in tricts. any way prejudice the Committee with re- bankruptcy judges. spect to the appointment of conferees or its In the last Congress, the Judiciary In the last Congress, the Judiciary Com- jurisdictional prerogatives on this or similar Committee reported a bankruptcy mittee reported a bankruptcy judgeships bill legislation in the future. judgeships bill that would have created that would have created new permanent I would appreciate your response to this new permanent judgeships, converted judgeships, converted temporary judgeships to letter, confirming this understanding with temporary judgeships to permanent permanent status and extended temporary respect to H.R. 1021, as amended, and would status, and extended temporary judge- judgeships. The House passed that bill but it ask that a copy of our exchange of letters on ships. The House passed that bill, but did not pass the Senate. this matter be included in the Congressional it did not pass the Senate. Record during Floor consideration. As a result, several temporary judgeships Sincerely, As a result, several temporary judge- are in danger of being unable to be refilled if DAVE CAMP, ships are in danger of being unable to there is a vacancy. But the need for bank- Chairman. be refilled if there is a vacancy. But ruptcy judges remains high. the need for bankruptcy judges re- I introduced the legislation under consider- HOUSE OF REPRESENTATIVES, mains high. COMMITTEE ON THE JUDICIARY, I introduced the legislation under ation with the Ranking Member of the Courts, Washington, DC, December 5, 2011. consideration with the ranking mem- Commercial and Administrative Law Sub- Hon. DAVE CAMP, ber of the Courts, Commercial and Ad- committee of the Judiciary Committee, STEVE Chairman, Committee on Ways and Means, ministrative Law Subcommittee of the COHEN; the Chairman of that subcommittee, Longworth House Office Building, Wash- ington, DC. Judiciary Committee, STEVE COHEN, HOWARD COBLE; and the Ranking Member of the full Judiciary Committee, JOHN CONYERS. DEAR CHAIRMAN CAMP: Thank you for your the chairman of that subcommittee, letter regarding H.R. 1021, the ‘‘Temporary HOWARD COBLE, and the ranking mem- This bill permits 23 temporary bankruptcy Bankruptcy Judgeships Extension Act of ber of the full Judiciary Committee, judgeships in judicial districts throughout the 2011,’’ as amended, which is scheduled for JOHN CONYERS. country to be filled if there is a judgeship va- consideration by the House during the week This bill permits 23 temporary bank- cancy in those districts during the next five of December 5. ruptcy judgeships in judicial districts years as a result of a judge’s death, removal, I am most appreciative of your decision to throughout the country to be filled if retirement or resignation. forego consideration of H.R. 1021, as amend- ed, so that it may move expeditiously to the there is a judgeship vacancy in those Congress should ensure there are enough House floor. I acknowledge that although districts during the next 5 years as a bankruptcy judges to handle the increased you are waiving formal consideration of the result of a judge’s death, removal, re- caseloads as a result of the recession. But bill, the Committee on Ways and Means is in tirement, or resignation. Congress should also conserve federal re- no way waiving its jurisdiction over the sub- Congress should ensure there are sources and conduct periodic oversight of judi- ject matter contained in the bill. In addition, enough bankruptcy judges to handle cial caseloads. H.R. 1021 authorizes a 5-year if a conference is necessary on this legisla- the increased caseloads as a result of extension, which preserves Congress’s ability tion, I will support any request that Ways the recession; but Congress should also and Means be represented therein. to reassess the need for bankruptcy judges in Finally, I shall be pleased to include this conserve Federal resources and conduct a few years. letter and your letter of the same date in the periodic oversight of judicial caseloads. The relief a debtor receives from the bank- Congressional Record during floor consider- H.R. 1021 authorizes a 5-year extension, ruptcy system is extraordinary; they either re- ation of H.R. 1021. which preserves Congress’s ability to organize their debts on more favorable terms Sincerely, reassess the need for bankruptcy or they get a complete discharge of all their LAMAR SMITH, Chairman. judges in a few years. prepetition debts. All except the poorest of Time is of the essence. I urge the debtors pay a fee to file a bankruptcy case I reserve the balance of my time. Mr. CONYERS. Mr. Speaker, I yield Senate also to act quickly on this and receive these benefits. measure so that our bankruptcy sys- myself such time as I may consume. I believe it is fair to use debtors’ filing fees tem may continue to operate with I appreciate the excellent description to pay for the costs associated with our bank- speed and efficiency. of the chairman, LAMAR SMITH, on H.R. I want to thank the bill’s cosponsors ruptcy judges. This legislation, as amended, 1021, the Temporary Bankruptcy for their bipartisan support. raises the filing fee on chapter 11 reorganiza- Judgeships Extension Act. This is a One of the results of the slack economy is tion cases from $1000 to $1042—a modest 4 very bipartisan piece of legislation, ex- that more individuals and businesses have percent increase. As a result, this bill does not tending by 5 years the authorizations filed for bankruptcy. In fact, over the past increase direct spending by the federal gov- for 30 temporary bankruptcy judges in three years, the number of bankruptcy peti- ernment. more than 20 judicial districts around tions filed in bankruptcy courts has doubled. Time is of the essence. I urge the Senate the country. While recent data show that the volume of also to act quickly on this measure so that our I might point out that we’re not add- cases is beginning to subside, our bankruptcy bankruptcy system may continue to operate ing bankruptcy judges; and, Members judges remain hard at work. with speed and efficiency. of the House, that’s what we ought to Bankruptcy judges are critical to the oper- I thank the bill’s cosponsors for their bipar- be doing, really, instead of just con- ation of our federal bankruptcy courts. The im- tisan support. tinuing the same number. We need

VerDate Mar 15 2010 02:34 Dec 07, 2011 Jkt 019060 PO 00000 Frm 00030 Fmt 7634 Sfmt 0634 E:\CR\FM\K06DE7.054 H06DEPT1 jbell on DSK7SPTVN1PROD with HOUSE December 6, 2011 CONGRESSIONAL RECORD — HOUSE H8167 more. Why? Because bankruptcy judges we still have 160 million Americans at ANNOUNCEMENT BY THE SPEAKER are needed more than ever. risk of suffering a tax increase, $1,000 a PRO TEMPORE The bankruptcy filings have in- person on average. I don’t know how The SPEAKER pro tempore. Pursu- creased during the worst economic many millions of dollars that would ant to clause 8 of rule XX, proceedings downturn the Nation has experienced take out of consumers’ pockets. And I will resume on motions to suspend the since the because don’t hear Grover Norquist or the Tea rules previously postponed. long-term high unemployment rates Party Republicans crying about that. Votes will be taken in the following and reduced incomes have sent more If it’s the middle class, the working order: ordering the previous question people into the bankruptcy court, be- people tax increase, it’s okay. If it is on House Resolution 479; adopting cause of the continuing mortgage fore- the top 1 percent making over a mil- House Resolution 479, if ordered; and closure crisis which has affected so lion bucks a year, then ‘‘you can’t suspending the rules and passing H.R. many people, and the increasingly on- touch this.’’ Well, I think the Amer- 2471. erous credit card obligations, and the ican people know that it’s ‘‘hammer The first electronic vote will be con- sky-high student loans that are being time’’ out here. It’s time for there to ducted as a 15-minute vote. Remaining collected on, and the uninsured med- be justice and fairness for all under the electronic votes will be conducted as 5- ical debt. law. And it’s ironic we need these minute votes. b 1530 bankruptcy court judges’ tenures to be f Last year 1.6 million bankruptcy extended, as this Act would allow, be- cases were filed, representing a more cause there’s going to be more bank- PROVIDING FOR CONSIDERATION than 8 percent increase over the prior ruptcies filed. OF H.R. 10, REGULATIONS FROM years. Two of the Nation’s largest Just $1,000 can push a person over the THE EXECUTIVE IN NEED OF automobile manufacturers in Detroit, edge in terms of their solvency. People SCRUTINY ACT OF 2011, AND FOR and , filed for are now just living paycheck to pay- OTHER PURPOSES bankruptcy relief under chapter 11. check, hand-to-mouth, trying to deter- The SPEAKER pro tempore. The un- These two cases alone involved billions mine whether or not we’re going to pay finished business is the vote on order- of dollars, tens of thousands of work- the light bill or whether or not we’re ing the previous question on the reso- ers, thousands of auto dealers, and going to get the medication that we lution (H. Res. 479) providing for con- thousands of creditors located in all need in order to be healthy. People are sideration of the bill (H.R. 10) to amend parts of our Nation. Just last month, deciding whether or not to pay the gas chapter 8 of title 5, United States Code, American Airlines filed for chapter 11 bill or whether or not they’re going to to provide that major rules of the exec- bankruptcy relief, and the national be able to eat more than ramen noodles utive branch shall have no force or ef- bookstore chain Borders filed last every night for the month. So $1,000 fect unless a joint resolution of ap- month. means a lot. It may not mean a lot to proval is enacted into law, and for A third factor must be kept in mind: a millionaire, one of those top 1 per- other purposes, on which the yeas and that while we maintain the status quo, cent that my Tea Party Republican nays were ordered. more needs to be done. Bankruptcy friends so heartily support, but it will The Clerk read the title of the resolu- courts have been performing admirably hurt the little man and woman and tion. but under critical strain. So while the their families, especially at Christmas The SPEAKER pro tempore. The bankruptcy courts’ workload increases, time. question is on ordering the previous judicial resources are, in fact, dimin- question. ishing. And that’s why we’re author- At a time when the corporate chief- The vote was taken by electronic de- izing new judicial membership in the tains are getting their bonuses, multi- vice, and there were—yeas 236, nays bankruptcy courts in the coming year, million-dollar bonuses based on in- 184, not voting 13, as follows: if everything works out as we antici- creased profits, we’re still left on De- [Roll No. 889] pate. cember 6 with people being worried YEAS—236 Right now, though, we merely ask about whether or not they’re going to the House of Representatives to sup- Adams Coffman (CO) Gosar suffer a tax increase on January 1. So Aderholt Cole Gowdy port the bill that I and Chairman let’s not impose an average $1,000—ac- Amash Conaway Granger SMITH have cosponsored which would tually, $1,500; let’s not impose the Amodei Cravaack Graves (GA) maintain the new judges that are on threat of a $1,500 tax increase on the Austria Crawford Graves (MO) Bachus Crenshaw Griffin (AR) the bench but will not add any more. middle class and working people by Barletta Culberson Griffith (VA) I urge your support for the additional failing to do what we should have done Bartlett Davis (KY) Grimm judgeships. much earlier. There’s no reason why we Barton (TX) Denham Guinta I reserve the balance of my time. Bass (NH) Dent Guthrie have not done this, why we have not Benishek DesJarlais Hall Mr. SMITH of Texas. Mr. Speaker, I expanded the payroll tax cut that was Berg Diaz-Balart Hanna yield back the balance of my time. enacted last year. Let’s keep that Biggert Dold Harper Mr. CONYERS. I yield such time as Bilbray Dreier Harris $1,500 in the pockets of the average Bilirakis Duffy Hartzler he may consume to the distinguished middle class family. Let’s try to keep Bishop (UT) Duncan (SC) Hastings (WA) gentleman from Georgia, Mr. HANK down the need for people to go into Black Duncan (TN) Hayworth JOHNSON, a member of the committee. bankruptcy court. Let’s at some point Blackburn Ellmers Heck Mr. JOHNSON of Georgia. I thank Bonner Emerson Hensarling let it expire, the number of bankruptcy Bono Mack Farenthold Herger the ranking member. court judges temporarily serving. Boustany Fincher Herrera Beutler Mr. Speaker, I rise in support of H.R. Brady (TX) Fitzpatrick Huelskamp 1021, the Temporary Bankruptcy Mr. CONYERS. I yield back the bal- Brooks Flake Huizenga (MI) ance of my time. Broun (GA) Fleischmann Hultgren Judgeships Extension Act of 2011, spon- Buchanan Fleming Hunter sored by my good friend Representative The SPEAKER pro tempore. The Bucshon Flores Hurt SMITH of Texas, who is also the chair of question is on the motion offered by Buerkle Forbes Issa the Judiciary Committee, which I am Burgess Fortenberry Jenkins the gentleman from Texas (Mr. SMITH) Burton (IN) Foxx Johnson (IL) pleased to serve on. that the House suspend the rules and Calvert Franks (AZ) Johnson (OH) I would point out how ironic it is be- pass the bill, H.R. 1021, as amended. Camp Frelinghuysen Johnson, Sam cause we are now in the 336th day of Campbell Gallegly Jones this reign of the Tea Party Republican The question was taken; and (two- Canseco Gardner Jordan thirds being in the affirmative) the Cantor Garrett Kelly Party, which is unalterably linked Capito Gerlach King (IA) with the notorious Grover Norquist and rules were suspended and the bill, as Carter Gibbs King (NY) his tax pledge, his pledge to not raise amended, was passed. Cassidy Gibson Kingston Chabot Gingrey (GA) Kinzinger (IL) taxes. We’re getting ready, Mr. Speak- A motion to reconsider was laid on Chaffetz Gohmert Kline er, to get to the end of this year, and the table. Coble Goodlatte Labrador

VerDate Mar 15 2010 02:34 Dec 07, 2011 Jkt 019060 PO 00000 Frm 00031 Fmt 7634 Sfmt 0634 E:\CR\FM\K06DE7.055 H06DEPT1 jbell on DSK7SPTVN1PROD with HOUSE H8168 CONGRESSIONAL RECORD — HOUSE December 6, 2011 Lamborn Palazzo Scott, Austin Tonko Walz (MN) Welch Paul Rokita Stivers Lance Paul Sensenbrenner Towns Wasserman Wilson (FL) Paulsen Rooney Stutzman Landry Paulsen Sessions Tsongas Schultz Woolsey Pearce Ros-Lehtinen Sullivan Lankford Pearce Shimkus Van Hollen Waters Yarmuth Pence Roskam Terry Latham Pence Shuler Vela´ zquez Watt Peterson Ross (FL) Thompson (PA) LaTourette Petri Shuster Visclosky Waxman Petri Royce Thornberry Latta Pitts Simpson NOT VOTING—13 Pitts Runyan Tiberi Lewis (CA) Platts Smith (NE) Platts Ryan (WI) Tipton LoBiondo Poe (TX) Smith (NJ) Akin Giffords Myrick Poe (TX) Scalise Turner (NY) Long Pompeo Smith (TX) Alexander Hinchey Nadler Pompeo Schilling Turner (OH) Lucas Posey Bachmann Inslee Southerland Young (FL) Posey Schmidt Upton Luetkemeyer Price (GA) Cardoza Lowey Stearns Price (GA) Schock Walberg Lummis Quayle Castor (FL) Marino Lungren, Daniel Reed Stivers Quayle Schweikert Walden E. Rehberg Stutzman Reed Scott (SC) Walsh (IL) Mack Reichert Sullivan b 1607 Rehberg Scott, Austin Webster Manzullo Renacci Terry Reichert Sensenbrenner West Marchant Ribble Thompson (PA) Mr. COURTNEY and Ms. LORETTA Renacci Sessions Westmoreland McCarthy (CA) Rigell Thornberry SANCHEZ of California changed their Ribble Shimkus Whitfield McCaul Rivera Tiberi vote from ‘‘yea’’ to ‘‘nay.’’ Rigell Shuler Wilson (SC) McClintock Roby Tipton Ms. BUERKLE changed her vote from Rivera Shuster Wittman McCotter Roe (TN) Turner (NY) Roby Simpson Wolf McHenry Rogers (AL) Turner (OH) ‘‘nay’’ to ‘‘yea.’’ Roe (TN) Smith (NE) Womack McKeon Rogers (KY) Upton So the previous question was ordered. Rogers (AL) Smith (NJ) Woodall McKinley Rogers (MI) Walberg The result of the vote was announced Rogers (KY) Smith (TX) Yoder McMorris Rohrabacher Walden as above recorded. Rogers (MI) Southerland Young (AK) Rodgers Rokita Walsh (IL) Rohrabacher Stearns Young (IN) Meehan The SPEAKER pro tempore. The Rooney Webster Mica Ros-Lehtinen West question is on the resolution. NAYS—180 Miller (FL) Roskam Westmoreland The question was taken; and the Miller (MI) Ross (FL) Ackerman Fudge Owens Miller, Gary Royce Whitfield Speaker pro tempore announced that Altmire Gonzalez Pallone Mulvaney Runyan Wilson (SC) the ayes appeared to have it. Andrews Green, Al Pascrell Murphy (PA) Ryan (WI) Wittman Ms. SLAUGHTER. Mr. Speaker, on Baca Green, Gene Pastor (AZ) Neugebauer Scalise Wolf Baldwin Grijalva Payne Noem Schilling Womack that I demand the yeas and nays. Barrow Gutierrez Pelosi Nugent Schmidt Woodall The yeas and nays were ordered. Bass (CA) Hahn Perlmutter Nunes Schock Yoder The SPEAKER pro tempore. This Becerra Hanabusa Peters Nunnelee Schweikert Young (AK) will be a 5-minute vote. Berkley Hastings (FL) Pingree (ME) Olson Scott (SC) Young (IN) Berman Heinrich Polis The vote was taken by electronic de- Bishop (GA) Higgins Price (NC) NAYS—184 vice, and there were—yeas 235, nays Bishop (NY) Himes Quigley 180, not voting 18, as follows: Blumenauer Hinojosa Rahall Ackerman Eshoo McNerney Boswell Hirono Rangel Altmire Farr Meeks [Roll No. 890] Brady (PA) Hochul Reyes Andrews Fattah Michaud YEAS—235 Braley (IA) Holden Richardson Baca Filner Miller (NC) Brown (FL) Holt Richmond Baldwin Frank (MA) Miller, George Adams Duffy Johnson (IL) Butterfield Honda Ross (AR) Barrow Fudge Moore Aderholt Duncan (SC) Johnson (OH) Capps Hoyer Rothman (NJ) Bass (CA) Garamendi Moran Amash Duncan (TN) Johnson, Sam Capuano Israel Roybal-Allard Becerra Gonzalez Murphy (CT) Amodei Ellmers Jones Carnahan Jackson (IL) Ruppersberger Berkley Green, Al Napolitano Austria Emerson Jordan Carney Jackson Lee Rush Berman Green, Gene Neal Bachus Farenthold Kelly Carson (IN) (TX) Ryan (OH) Bishop (GA) Grijalva Olver Barletta Fincher King (NY) Chandler Johnson (GA) Sa´ nchez, Linda Bishop (NY) Gutierrez Owens Bartlett Fitzpatrick Kingston Chu Johnson, E. B. T. Blumenauer Hahn Pallone Barton (TX) Flake Kinzinger (IL) Cicilline Kaptur Sanchez, Loretta Boren Hanabusa Pascrell Bass (NH) Fleischmann Kline Clarke (MI) Keating Sarbanes Boswell Hastings (FL) Pastor (AZ) Benishek Fleming Labrador Clarke (NY) Kildee Schakowsky Brady (PA) Heinrich Payne Berg Flores Lamborn Clay Kind Schiff Braley (IA) Higgins Pelosi Biggert Forbes Lance Cleaver Kissell Schrader Brown (FL) Himes Perlmutter Bilbray Fortenberry Landry Clyburn Kucinich Schwartz Butterfield Hinojosa Peters Bilirakis Foxx Lankford Cohen Langevin Scott (VA) Capps Hirono Peterson Bishop (UT) Frelinghuysen Latham Connolly (VA) Larsen (WA) Scott, David Capuano Hochul Pingree (ME) Black Gallegly LaTourette Conyers Larson (CT) Serrano Carnahan Holden Polis Blackburn Gardner Latta Cooper Lee (CA) Sewell Carney Holt Price (NC) Bonner Garrett LoBiondo Costa Levin Sherman Carson (IN) Honda Quigley Bono Mack Gerlach Long Costello Lewis (GA) Sires Chandler Hoyer Rahall Boren Gibbs Lucas Courtney Lipinski Slaughter Chu Israel Rangel Boustany Gibson Luetkemeyer Critz Loebsack Smith (WA) Cicilline Jackson (IL) Reyes Brady (TX) Gingrey (GA) Lummis Crowley Lofgren, Zoe Speier Clarke (MI) Jackson Lee Richardson Brooks Gohmert Lungren, Daniel Cuellar Lowey Stark Clarke (NY) (TX) Richmond Broun (GA) Goodlatte E. Cummings Luja´ n Sutton Clay Johnson (GA) Ross (AR) Buchanan Gosar Mack Davis (CA) Lynch Thompson (CA) Cleaver Johnson, E. B. Rothman (NJ) Bucshon Gowdy Manzullo Davis (IL) Maloney Thompson (MS) Clyburn Kaptur Roybal-Allard Buerkle Granger Marchant DeFazio Markey Tierney Cohen Keating Ruppersberger Burgess Graves (GA) Matheson DeGette Matsui Tonko Connolly (VA) Kildee Rush Burton (IN) Graves (MO) McCarthy (CA) DeLauro McCarthy (NY) Towns Conyers Kind Ryan (OH) Calvert Griffin (AR) McCaul Deutch McCollum Tsongas ´ Cooper Kissell Sanchez, Linda Camp Griffith (VA) McClintock Dicks McDermott Van Hollen Costa Kucinich T. Campbell Grimm McCotter Dingell McGovern Vela´ zquez Costello Langevin Sanchez, Loretta Canseco Guinta McHenry Doggett McNerney Visclosky Courtney Larsen (WA) Sarbanes Cantor Guthrie McIntyre Donnelly (IN) Meeks Walz (MN) Critz Larson (CT) Schakowsky Capito Hall McKeon Doyle Michaud Wasserman Crowley Lee (CA) Schiff Carter Hanna McKinley Edwards Miller (NC) Schultz Cuellar Levin Schrader Cassidy Harper McMorris Ellison Miller, George Waters Cummings Lewis (GA) Schwartz Chabot Harris Rodgers Engel Moore Watt Davis (CA) Lipinski Scott (VA) Chaffetz Hartzler Meehan Eshoo Moran Waxman Davis (IL) Loebsack Scott, David Coble Hastings (WA) Mica Farr Murphy (CT) Welch DeFazio Lofgren, Zoe Serrano Coffman (CO) Hayworth Miller (FL) Fattah Napolitano Wilson (FL) ´ DeGette Lujan Sewell Conaway Heck Miller (MI) Filner Neal Woolsey DeLauro Lynch Sherman Crawford Hensarling Miller, Gary Frank (MA) Olver Yarmuth Deutch Maloney Sires Crenshaw Herger Mulvaney Dicks Markey Slaughter Culberson Herrera Beutler Murphy (PA) NOT VOTING—18 Dingell Matheson Smith (WA) Davis (KY) Huelskamp Neugebauer Doggett Matsui Speier Denham Huizenga (MI) Noem Akin Cravaack King (IA) Donnelly (IN) McCarthy (NY) Stark Dent Hultgren Nugent Alexander Franks (AZ) Lewis (CA) Doyle McCollum Sutton DesJarlais Hunter Nunes Bachmann Garamendi Marino Edwards McDermott Thompson (CA) Diaz-Balart Hurt Nunnelee Cardoza Giffords Myrick Ellison McGovern Thompson (MS) Dold Issa Olson Castor (FL) Hinchey Nadler Engel McIntyre Tierney Dreier Jenkins Palazzo Cole Inslee Young (FL)

VerDate Mar 15 2010 03:33 Dec 07, 2011 Jkt 019060 PO 00000 Frm 00032 Fmt 7634 Sfmt 0634 E:\CR\FM\A06DE7.029 H06DEPT1 jbell on DSK7SPTVN1PROD with HOUSE December 6, 2011 CONGRESSIONAL RECORD — HOUSE H8169 b 1613 Luetkemeyer Pence Schwartz b 1621 Luja´ n Perlmutter Schweikert So the resolution was agreed to. Lummis Peters Scott (SC) Mr. RUSH changed his vote from The result of the vote was announced Lungren, Daniel Petri Scott, Austin ‘‘yea’’ to ‘‘nay.’’ as above recorded. E. Pitts Sensenbrenner So (two-thirds being in the affirma- A motion to reconsider was laid on Lynch Platts Sessions tive) the rules were suspended and the Mack Poe (TX) Shimkus bill, as amended, was passed. the table. Manzullo Polis Shuler Marchant Pompeo Shuster The result of the vote was announced f Matheson Posey Simpson as above recorded. Matsui Price (GA) Sires A motion to reconsider was laid on ONLINE CONSENT FOR SHARING McCarthy (CA) Quayle Smith (NE) the table. McCarthy (NY) VIDEO SERVICE USE Quigley Smith (NJ) PERSONAL EXPLANATION McCaul Rahall Smith (TX) The SPEAKER pro tempore. The un- McClintock Reed Smith (WA) Mr. AKIN. Mr. Speaker, on rollcall No. 889, finished business is the vote on the mo- McCollum Rehberg Southerland 890 and 891, I was delayed and unable to tion to suspend the rules and pass the McCotter Reichert Stivers vote. Had I been present I would have voted McHenry Renacci Stutzman ‘‘yea’’ on all three. bill (H.R. 2471) to amend section 2710 of McIntyre Ribble Sullivan title 18, United States Code, to clarify McKeon Rigell Terry f that a videotape service provider may McKinley Rivera Thompson (CA) b 1620 obtain a consumer’s informed, written McMorris Roby Thompson (PA) consent on an ongoing basis and that Rodgers Roe (TN) Thornberry GIVING CONGRESSIONAL CONSENT McNerney Rogers (AL) Tiberi consent may be obtained through the TO MISSOURI AND ILLINOIS BI- Meehan Rogers (KY) Tipton STATE DEVELOPMENT AGENCY Internet, as amended, on which the Mica Rogers (MI) Tonko yeas and nays were ordered. Michaud Rohrabacher Turner (NY) Mr. GOHMERT. Mr. Speaker, I move The Clerk read the title of the bill. Miller (FL) Rokita Turner (OH) to suspend the rules and pass the joint The SPEAKER pro tempore. The Miller (MI) Rooney Upton resolution (S.J. Res. 22) to grant the Miller, Gary Ros-Lehtinen Walberg consent of Congress to an amendment question is on the motion offered by Mulvaney Roskam Walden the gentleman from Virginia (Mr. Murphy (CT) Ross (AR) Walsh (IL) to the compact between the States of GOODLATTE) that the House suspend Murphy (PA) Ross (FL) Walz (MN) Missouri and Illinois providing that the rules and pass the bill, as amended. Neugebauer Rothman (NJ) Waters bonds issued by the Bi-State Develop- Noem Royce Waxman ment Agency may mature in not to ex- This will be a 5-minute vote. Nugent Runyan Webster The vote was taken by electronic de- Nunes Ruppersberger West ceed 40 years, as amended. vice, and there were—yeas 303, nays Nunnelee Ryan (WI) Westmoreland The Clerk read the title of the joint 116, not voting 14, as follows: Olson Sa´ nchez, Linda Whitfield resolution. Owens T. Wilson (SC) The text of the joint resolution is as [Roll No. 891] Palazzo Sanchez, Loretta Wittman follows: YEAS—303 Pallone Sarbanes Wolf S.J. RES. 22 Pascrell Scalise Womack Adams Connolly (VA) Green, Gene Paul Schilling Woodall Whereas to grant the consent of Congress Aderholt Conyers Griffin (AR) Altmire Cooper Griffith (VA) Paulsen Schmidt Yoder to an amendment to the compact between Amash Costa Grimm Pearce Schock Young (AK) the States of Missouri and Illinois providing Amodei Courtney Guinta Pelosi Schrader Young (IN) that bonds issued by the Bi-State Develop- Andrews Cravaack Guthrie ment Agency may mature in not to exceed 40 Austria Crawford Hall NAYS—116 years; Bachus Crenshaw Hanna Ackerman Gutierrez Pastor (AZ) Whereas the Congress in consenting to the Barletta Critz Harper Baca Hahn Payne compact between Missouri and Illinois cre- Barrow Cuellar Harris Baldwin Hanabusa Peterson Bartlett Davis (CA) Hartzler ating the Bi-State Development Agency and Barton (TX) Hastings (FL) Pingree (ME) Bass (NH) Davis (KY) Hastings (WA) the Bi-State Metropolitan District provided Bass (CA) Herrera Beutler Price (NC) Benishek Denham Hayworth that no power shall be exercised by the Bi- Becerra Himes Rangel Berg Dent Heck Bishop (GA) Hinojosa State Agency until such power has been con- Berkley DesJarlais Heinrich Reyes ferred upon the Bi-State Agency by the legis- Bishop (NY) Hirono Richardson Berman Deutch Hensarling Brown (FL) Holt latures of the States to the compact and ap- Richmond Biggert Diaz-Balart Herger Butterfield Jackson (IL) Roybal-Allard proved by an Act of Congress; Bilbray Doggett Higgins Capuano Jackson Lee Bilirakis Dold Hochul Rush Whereas such States previously enacted Carnahan (TX) legislation providing that the Bi-State Agen- Bishop (UT) Donnelly (IN) Holden Carson (IN) Johnson (GA) Ryan (OH) Black Doyle Honda Chandler Johnson (IL) Schakowsky cy had the power to issue notes, bonds, or Blackburn Dreier Hoyer Cicilline Johnson, E. B. Schiff other instruments in writing provided they Blumenauer Duffy Huelskamp Clarke (MI) Jones Scott (VA) shall mature in not to exceed 30 years, and Bonner Duncan (SC) Huizenga (MI) Clarke (NY) Kaptur Scott, David Congress consented to such power; and Bono Mack Duncan (TN) Hultgren Clay Keating Serrano Whereas such States have now enacted leg- Boren Ellmers Hunter Cleaver Kildee Sewell islation amending this power: Now therefore, Boswell Emerson Hurt Clyburn Kind Sherman Boustany be it Eshoo Israel Cohen Kissell Slaughter Brady (PA) Farr Issa Resolved by the Senate and House of Rep- Costello Kucinich Speier Brady (TX) Filner Jenkins resentatives of the United States of America in Crowley Larson (CT) Stark Braley (IA) Fincher Johnson (OH) Congress assembled, Culberson Lee (CA) Stearns Brooks Fitzpatrick Johnson, Sam Cummings Levin SECTION 1. CONSENT. Broun (GA) Flake Jordan Sutton Davis (IL) Lewis (GA) Thompson (MS) (a) IN GENERAL.—The consent of Congress Buchanan Fleischmann Kelly DeFazio Loebsack Tierney is given to the amendment of the powers Bucshon Fleming King (IA) DeGette Lowey Towns conferred on the Bi-State Development Buerkle Flores King (NY) DeLauro Maloney Tsongas Agency by Senate Bill 758, Laws of Missouri Burgess Forbes Kingston Dingell Markey Burton (IN) Fortenberry Kinzinger (IL) Edwards McDermott Van Hollen 2010 and Public Act 96–1520 (Senate Bill 3342), ´ Calvert Foxx Kline Ellison McGovern Velazquez Laws of Illinois 2010. Camp Franks (AZ) Labrador Engel Meeks Visclosky (b) EFFECTIVE DATE.—The amendment to Campbell Frelinghuysen Lamborn Farenthold Miller (NC) Wasserman the powers conferred by the Acts consented Canseco Gallegly Lance Fattah Miller, George Schultz to in subsection (a) shall take effect on De- Cantor Gardner Landry Frank (MA) Moore Watt cember 17, 2010. Capito Garrett Langevin Fudge Moran Welch Capps Gerlach Lankford SEC. 2. APPLICATION OF ACT OF AUGUST 31, 1950. Garamendi Napolitano Wilson (FL) The provisions of the Act of August 31, 1950 Carney Gibbs Larsen (WA) Green, Al Neal Woolsey Carter Gibson Latham Grijalva Olver Yarmuth (64 Stat. 568) shall apply to the amendment Cassidy Gingrey (GA) LaTourette approved under this joint resolution to the Chabot Gonzalez Latta NOT VOTING—14 same extent as if such amendment was con- Chaffetz Goodlatte Lewis (CA) ferred under the provisions of the compact Chu Gosar Lipinski Akin Dicks Marino consented to in such Act. Coble Gowdy LoBiondo Alexander Giffords Myrick Coffman (CO) Granger Lofgren, Zoe Bachmann Gohmert Nadler SEC. 3. RIGHT TO ALTER, AMEND, OR REPEAL. Cole Graves (GA) Long Cardoza Hinchey Young (FL) The right to alter, amend, or repeal this Conaway Graves (MO) Lucas Castor (FL) Inslee joint resolution is expressly reserved.

VerDate Mar 15 2010 03:33 Dec 07, 2011 Jkt 019060 PO 00000 Frm 00033 Fmt 7634 Sfmt 0634 E:\CR\FM\K06DE7.060 H06DEPT1 jbell on DSK7SPTVN1PROD with HOUSE H8170 CONGRESSIONAL RECORD — HOUSE December 6, 2011 SEC. 4. RESERVATION OF RIGHTS. In 1949, Missouri and Illinois formed bonds and other financial instruments The right is reserved to Congress to re- a compact to create the Bi-State De- which will allow the agency to finance quire the disclosure and furnishings of such velopment Agency. The agency’s mis- projects for longer periods of time. information or data by the Bi-State Develop- I congratulate my colleague from St. ment Agency as is deemed appropriate by sion is to facilitate and coordinate eco- Congress. nomic and infrastructure development Louis, WILLIAM LACY CLAY, a distin- in the St. Louis metropolitan area. guished Member from Missouri whose The text of the amendment is as fol- Among other projects, the agency runs father was in on the first interstate lows: compact, and now we’re proud that he Amendment: the public transportation system in St. Strike out all after the resolving Louis. The agency does not have taxing and other of his colleagues from both clause and insert: authority, but it may issue bonds. For Missouri and Illinois are supporting example, in the 1960s, the agency sold this Senate Joint Resolution 22. I urge SECTION 1. CONSENT. bonds to finance construction of the its favorable consideration. (a) IN GENERAL.—The consent of Congress is tram to the top of the Gateway Arch, I would like to yield the distin- given to the amendment of the powers conferred on the Bi-State Development Agency by Senate which it operates today. The compact guished gentleman as much time as he Bill 758, Laws of Missouri 2010 and Public Act allows the agency to sell 30-year bonds. may consume. 96–1520 (Senate Bill 3342), Laws of Illinois 2010. Last year, most States adopted legisla- b 1630 (b) EFFECTIVE DATE.—The amendment to the tion to amend the compact and allow powers conferred by the Acts consented to in the agency to issue 40-year bonds. Mr. CLAY. Madam Speaker, I want subsection (a) shall take effect on the date of In addition to other capital improve- to thank the chairman and ranking enactment of this Act. ments, the agency could use revenue member of the full committee and the SEC. 2. APPLICATION OF ACT OF AUGUST 31, 1950. from these 40-year bonds to support the chairman and ranking member of the The provisions of the Act of August 31, 1950 CityArchRiver 2015 initiative. The pur- subcommittee for their leadership and (64 Stat. 568) shall apply to the amendment ap- for moving this critical resolution. proved under this joint resolution to the same pose of the CityArchRiver 2015 is to better connect downtown St. Louis I’m proud to have introduced the extent as if such amendment was conferred House version of this joint resolution, under the provisions of the compact consented with the Gateway Arch and the Jeffer- to in such Act. son National Expansion Memorial na- and it accomplishes two very good SEC. 3. RIGHT TO ALTER, AMEND, OR REPEAL. tional park. The project also involves things: S.J. Res. 22 approves an impor- The right to alter, amend, or repeal this joint building elevated walkways across the tant amendment to a compact between resolution is expressly reserved. river to Illinois. two States. SEC. 4. RESERVATION OF RIGHTS. Senate Joint Resolution 22 gives con- As was mentioned before, in 1949, The right is reserved to Congress to require gressional approval to this amendment, Missouri and Illinois entered into an the disclosure and furnishings of such informa- the Missouri-Illinois Interstate Com- agreement to foster ‘‘regional eco- tion or data by the Bi-State Development Agen- pact. The Judiciary Committee marked nomic development through excellence cy as is deemed appropriate by Congress. up its companion, House Joint Resolu- in transportation.’’ The compact cre- The SPEAKER pro tempore. Pursu- tion 70, on September 21. The suspen- ated the Bi-State Development Agency. ant to the rule, the gentleman from sion version of Senate Joint Resolution Congress approved it, and has approved Texas (Mr. GOHMERT) and the gen- 22 contains one amendment, to correct several amendments over the last 6 tleman from Michigan (Mr. CONYERS) a minor drafting error regarding the ef- decades. each will control 20 minutes. fective date. With this amendment, The agency, now known as ‘‘Metro,’’ The Chair recognizes the gentleman Senate Joint Resolution 22 will be ef- operates the St. Louis Metropolitan re- from Texas. fective upon the date of enactment. gion’s public transportation system. It GENERAL LEAVE In conclusion, I’m pleased to see this has more than 2,400 employees and car- Mr. GOHMERT. Mr. Speaker, I ask feature of our federalist system at ries over 55 million passengers each unanimous consent that all Members work. I urge my colleagues to join me year. have 5 legislative days within which to in supporting this resolution and look This resolution approves a small but revise and extend their remarks and in- forward to its swift passage. crucial change to the Bi-State Com- clude extraneous materials on S.J. Res. With that, I reserve the balance of pact. Both State legislatures have 22, as amended, currently under consid- my time. passed it, and both Governors have eration. Mr. CONYERS. Madam Speaker, I signed it. This is a necessary and good The SPEAKER pro tempore. Is there yield myself such time as I may con- amendment, and there is no negative objection to the request of the gen- sume. impact to the Nation or to States. As tleman from Texas? Members of the House, under the such, Congress should approve it. There was no objection. Constitution, article I, section 10, This resolution also enables the Con- Mr. GOHMERT. Mr. Speaker, I yield clause 3, these kinds of interstate com- gress to fulfill one of its constitutional myself such time as I may consume. pacts must be ratified by the House of duties. And I agree with my good The Founding Fathers did not believe Representatives. Senate Joint Resolu- friend, Mr. GOHMERT, that Congress that the Federal Government should tion 22 gives congressional approval to should not overstep its authority. try to solve every problem in the coun- an agreement between Missouri and Il- While we do not always agree on the try. Instead, they believed that local linois to amend the interstate compact limits of that power, we agree on this problems should have local solutions. establishing the Bi-State Development resolution and on the constitutional This system of federalism became the Agency. authority for it. bedrock of the Constitution. My colleague on the Judiciary, Judge Article I, section 10, clause 3 of the One particular aspect of our fed- Gohmert, has expertly described what Constitution says that ‘‘No State shall, eralist system is found in the Compact it is that brings us here, but I would without the consent of Congress . . . Clause of the Constitution. The clause merely add that the congressionally enter into an agreement or compact recognizes agreements or contracts approved interstate compact estab- with another State.’’ that States make among themselves, lishing the Bi-State Development The Framers of the Constitution re- with congressional approval when nec- Agency in 1950 serves as the primary quired that Congress would have to ap- essary. Today, there are approximately provider of the public transportation prove these agreements to protect the 200 active interstate compacts address- for the St. Louis metropolitan area. It interests and rights of the other ing a variety of issues that range from also develops, maintains, owns, and op- States. This also protects the rights of environmental and energy policy to erates bridges, airports, wharves, the citizens within the States that are natural resources to traffic and trans- docks, grain elevators, industrial party to the compact by providing Fed- portation. Rather than wait for a one- parks, parking facilities, refuse and eral oversight. size-fits-all program from Washington, waste handling facilities, as well as This clause was a compromise. There D.C., the Constitution allows States to fuel, energy, air, water, rail, or com- were those who wanted to give the Fed- solve these kinds of problems for them- modity storage areas. Also, there is a eral Government greater power over selves. 40-year maximum maturity period for the States, including the authority to

VerDate Mar 15 2010 03:33 Dec 07, 2011 Jkt 019060 PO 00000 Frm 00034 Fmt 7634 Sfmt 0634 E:\CR\FM\A06DE7.023 H06DEPT1 jbell on DSK7SPTVN1PROD with HOUSE December 6, 2011 CONGRESSIONAL RECORD — HOUSE H8171 regulate to negate State laws. Others among many bills that we have been sevelt spoke about opportunity for felt very strongly that this would be debating from the Judiciary Com- Americans, I’m asking for the Members overly nationalist and broad. mittee, this bill might enhance oppor- of Congress to come to the floor and The Constitutional Convention, rath- tunities for jobs. I think of bonds. I give opportunity for Americans. er than giving the Federal Government think of jobs. I think of utilization of I will close by saying to my friends, complete control over everything, or funds from bonds as they mature. And there are many good friends who are nothing, compromised. They com- this is a good thing. running for President. Many of us have promised for the good of the Nation. I’m sad to say that in the course of worked with them. And anytime an They granted the Federal Government the time that we’ve spent, maybe over American wants to offer themselves to blanket authority over some areas. the last 3 weeks, when we could have serve this country, I have no angst They also limited the Federal Govern- actually engaged in reasonable debate with them, no matter how much I dis- ment’s authority in others. And they on how we raise the payroll tax, how do agree with their policy. But let me be required congressional approval for we extend the payroll tax cut, and how very clear, as a child that grew up agreements between the States. do we extend the unemployment bene- poor, lived with neighbors who were This compromise, one of many that fits, we have not been able to do that. poor—not in our minds, but certainly formed our great country, dem- So let me just share my assessment by our economics—I want to make the onstrates that two opposing sides, who of the folk who are needing unemploy- record very clear: poor children have each feel passionately about their ment benefits. Personal savings have role models because poor families get point of view, can come together and gone. Family savings have gone. up every day and go to work. And the compromise for the good of the Nation. They’ve exhausted the 401(k)s and they solution to poor children being the best They each put aside their well-inten- have tapped every other fungible that they can be is not a Donald Trump tioned and strongly held belief that amount of dollars that they might , and it sure isn’t to get they were completely correct, and that have, maybe even to the kiddie’s sav- rid of the working janitors who are the other side was completely wrong, ing account that started with 25 cents, supporting their families and put the and found a way to work out the dif- leaving many individuals in this har- poor children to work. ferences. Each gave up something they monious, humble holiday time, des- I hope that we can do better than held dear in order to achieve a higher perate, desperate for a job, desperate that, Madam Speaker, and get back to good: That was the creation of a strong for assistance, desperate for being able work and make sure we extend the pay- Nation, a Nation that would endure. to pay their mortgage, desperate for roll tax for working families. And let’s Madam Speaker, there is a lesson paying their rent. extend the unemployment insurance here, a 224-year old lesson for us who Madam Speaker, maybe we should for the . serve in Congress today. also say, desperate in getting one more Mr. CONYERS. Madam Speaker, I Once again, I thank the chairman allotment of food stamps. Maybe we’re yield as much time as he may consume and ranking member. not aware that there are 46 million to the distinguished gentleman from Mr. GOHMERT. I have no requests families on food stamps, and most of New York (Mr. TONKO). for time, and I continue to reserve the them wait all the way to the exhaus- Mr. TONKO. I thank the Representa- balance of my time. tion of those food stamps; find them- tive from Michigan for the opportunity Mr. CONYERS. Madam Speaker, I am selves, before the next opportunity for to speak to this measure and to really pleased to yield as much time as she food stamps, literally drinking water, express concern about the inordinate may consume to the distinguished gen- making tea, and eating crackers. There time that we are spending on measures tlelady from Houston, Texas (Ms. JACK- was an expose on this just recently on that allow us to harm the air that we SON LEE), a senior member of the com- one of our cable stations, families wait- breathe and the water that we drink. mittee. ing until 12 midnight to watch and see The American people are asking us to Ms. JACKSON LEE of Texas. Madam if their account has in it the amount of set priorities here that focus on job Speaker, I want to applaud the gen- money they needed to enter a grocery creation. They’re demanding that this tleman from Texas (Mr. GOHMERT), the store to feed their children. body focus on jobs and helping rebuild ranking member, and my colleague I don’t believe that we can leave this our economy. Instead, we seek to be from Missouri, and to echo the com- sacred and august institution without, spending hours debating regulatory ments of Mr. CONYERS on his father, one, providing relief on extending the and bureaucratic measures that are but also the stellar work that he is payroll tax cut, giving $1,000 and $1,500 flawed and would dramatically under- doing. As a member of the delegation, to the American working class. And mine the ability of our government to we can always count on Missouri to clearly, I don’t believe that we can protect the air that we breathe and the test the Constitution and to ask the leave without providing for unemploy- water that we drink. Instead, I would United States to do what is right. ment. Every dollar invested in unem- suggest that our time be better spent I am rising to support this compact. ployment insurance yields $1.52 in eco- focusing on putting more money in the Frankly, I want to really embrace it nomic growth, and at least 200,000 jobs pockets of American workers, empow- because it is maybe one aspect of legis- will be lost if Republicans block exten- ering our middle class. lation, Madam Speaker, that we are ac- sion of the unemployment insurance. Mr. GOHMERT. Will the gentleman tually bipartisan and supporting it In fact, frankly, I know that Scrooge yield? without hesitation. would not find a place of comfort in Mr. TONKO. I yield to the gentleman I, frankly, believe that the Federal this House. from Texas. Government should not overreach as it Mr. GOHMERT. I thank the gen- relates to compacts that have been be- b 1640 tleman. tween States. But I do think that regu- We have always risen to the occasion If our time would be better spent on lation is key and crucial to give States of helping the most desperate. Whether those things, we would be glad to with- extra leverage. it has been under Franklin Delano Roo- draw the suspension on your suggestion So let me congratulate Mr. CLAY. sevelt in World War II, where he had to and just drop it right now. We will be And I look forward to supporting this put the apple sellers back to work, or glad to do that. I will make that offer. legislation. whether it was when our President had Mr. TONKO. Madam Speaker, might I I will add, as well, that when I think to stop the bleeding with the $800 bil- suggest that during this holiday sea- of bonds, I think of opportunities for lion stimulus, we have always risen to son, as the American public struggles building, using resources to restore. be able to find a way to move our econ- to pay bills that range from gas bills to And by the very nature of that, Madam omy. And if we would tell the truth, we groceries that are required for their Speaker, we’re talking about creating would see that our economy is perco- mortgages, again, the focus should be jobs. lating along. on job creation. And the payroll tax So I add another applause to this par- So in the tribute of President Obama, holiday is nearing its expiration. This ticular legislation coming out of the who speaks today in Kansas in the body should act to extend that tax cut Judiciary Committee because, for once, same place that President Teddy Roo- for hardworking middle class American

VerDate Mar 15 2010 03:33 Dec 07, 2011 Jkt 019060 PO 00000 Frm 00035 Fmt 7634 Sfmt 0634 E:\CR\FM\K06DE7.066 H06DEPT1 jbell on DSK7SPTVN1PROD with HOUSE H8172 CONGRESSIONAL RECORD — HOUSE December 6, 2011 families. A failure to do so would result A motion to reconsider was laid on efforts of its members to service to the in job losses, a reduction in economic the table. United States. activity, and higher taxes for many f The American Legion has over 14,000 families when they can least afford it. local posts. The national organization So my suggestion here is to stop AUTHORIZING AMERICAN LEGION is not designed to have control over all wasting time on less important prior- GUIDANCE TO INDIVIDUAL POSTS the independent posts. As the Supreme ities and start focusing on creating Mr. GOHMERT. Madam Speaker, I Court of Minnesota has found, local jobs and standing up for our middle move to suspend the rules and pass the ‘‘posts and State chapters are sepa- class, enabling them to strengthen bill (S. 1639) to amend title 36, United rately incorporated . . . and the posts their purchasing power and to enable States Code, to authorize the American all have their own constitutions and our economic recovery to be as vital Legion under its Federal charter to bylaws.’’ The court found that there and strong as possible. provide guidance and leadership to the was a very limited relationship be- Mr. CONYERS. Madam Speaker, I individual departments and posts of tween the posts and national head- yield back the balance of my time. the American Legion, and for other quarters. Mr. GOHMERT. As a closing com- purposes. The national organization’s ‘‘Offi- ment, I have come to know the gen- The Clerk read the title of the bill. cer’s Guide and Manual of Ceremonies’’ tleman from Missouri (Mr. CLAY), my The text of the bill is as follows: states ‘‘the post is a separate and dis- friend across the aisle, and hold him in S. 1639 tinct unit which can and often does very high regard. I appreciate very function independently.’’ Be it enacted by the Senate and House of Rep- The American Legion has asked Con- much his comments earlier about what resentatives of the United States of America in this compact means to Illinois and to Congress assembled, gress to amend its Federal charter to specify that the national organization Missouri. I know Mr. CLAY has been a SECTION 1. ADDITIONAL POWER OF AMERICAN leading proponent of this happening, LEGION UNDER FEDERAL CHARTER. may provide guidance and leadership to and I really very much appreciate his Section 21704 of title 36, United States the individual departments and posts comments. This will not provide jobs Code, is amended— but that it may not control or other- across the country, but it solves a (1) by redesignating paragraph (5) through wise influence the specific activities problem. It will ease things for those (8) as paragraphs (6) through (9), respec- and conduct of the departments and tively; and two States so that jobs should be easi- posts. (2) by inserting after paragraph (4) the fol- The director of the Legion’s National er. lowing new paragraph (5): Legislative Commission explained the And I was totally serious when I of- ‘‘(5) provide guidance and leadership to or- fered my colleague who was saying request by stating the following: ganizations and local chapters established ‘‘The Legion wants to allow members that we were wasting our time on under paragraph (4), but may not control or to renew their memberships and pay this—I know Mr. CLAY and many oth- otherwise influence the specific activities their dues to the national organization ers have spent a great deal of time on and conduct of such organizations and local chapters;’’. through the use of a credit card over this, and I didn’t think the Democrats the Internet . . . Currently, these dues that were pushing this bill so hard The SPEAKER pro tempore. Pursu- ant to the rule, the gentleman from payments flow to the national organi- were wasting our time. I think it’s a zation from our posts through our de- Texas (Mr. GOHMERT) and the gen- very legitimate use of our time. partments. We are concerned that Some people like to confuse the term tleman from Tennessee (Mr. COHEN) each will control 20 minutes. plaintiffs’ lawyers would argue this ‘‘interstate,’’ as used in the Constitu- would indicate that the national orga- tion; and they want the term ‘‘inter- The Chair recognizes the gentleman from Texas. nization has control over those depart- state’’ to be expanded, as it has some- ments and posts . . . Appearance of times, to apply to nothing but activity GENERAL LEAVE control may . . . support a claim of li- wholly within one State. The Supreme Mr. GOHMERT. Madam Speaker, I ability against the national organiza- Court has even given some regard to ask unanimous consent that all Mem- tion when a legal dispute against a those kinds of arguments, but this is bers have 5 legislative days within post arises.’’ not one of those cases. This is a matter which to revise and extend their re- S. 1639 amends the Legion’s Federal that’s been taken up and passed by the marks and include extraneous mate- charter as requested. Our colleague, Senate, and we should pass it today. It rials on S. 1639, currently under consid- the gentleman from Pennsylvania (Mr. takes up a matter clearly between two eration. ALTMIRE), introduced the House States that makes it interstate. The SPEAKER pro tempore. Is there version of the bill, H.R. 2369, which the And then it is not the State of Illi- objection to the request of the gen- Judiciary Committee approved by nois or Missouri coming and begging tleman from Texas? voice vote. for the Federal Government to take There was no objection. I thank the gentleman from Pennsyl- over a State responsibility. It is two Mr. GOHMERT. Madam Speaker, I vania for his work on this legislation States with different opinions, dif- yield myself such time as I may con- and am pleased to see that his bill has ferent concerns, but wanting things to sume. a remarkable 432 cosponsors. It’s al- work together for good, coming to a so- The American Legion received its most unheard of. lution; and then the Federal Govern- Federal charter in 1919 as a patriotic So there are things that this Con- ment, since it is interstate, must rec- veterans organization. Today, the Le- gress needs to be doing, and there are ognize that compact. I think it is an gion is America’s largest Veterans many things that are very important appropriate thing to do. I don’t think Service Organization with 2.5 million that this Congress does; but this is the Democrats who are pushing this members. Membership is available to something that only the Congress can bill were wasting our time. I think it’s persons who have served in the United do. So if we hear from other speakers an appropriate use of Federal time. States Armed Forces during wartime, who want to talk about a jobs bill, I With that, I would urge my col- including the current war on terrorism, would encourage them to go talk to the leagues to support this bill, and I yield and were honorably discharged or are Senate about the 15 to 20 jobs bills that back the balance of my time. continuing their service. they are down there sitting on. The SPEAKER pro tempore (Mrs. I look forward to the day when the 1650 NOEM). The question is on the motion b President says that this is a do-nothing offered by the gentleman from Texas The Legion’s goals are to uphold and Congress that he’s no longer half right (Mr. GOHMERT) that the House suspend defend the U.S. Constitution, promote in making that statement. The House the rules and pass the joint resolution, worldwide peace and goodwill, and pre- is certainly not a do-nothing House. S.J. Res. 22, as amended. serve the memories of the two world The Senate is sitting on many bills. The question was taken; and (two- wars and the other conflicts fought to This is a bill for which the gentleman thirds being in the affirmative) the uphold democracy. The Legion also from Pennsylvania saw a need, so he rules were suspended and the joint res- aims to cement the ties and comrade- stepped up and filled that need, and I olution, as amended, was passed. ship born of service and to commit the appreciate his efforts in doing this.

VerDate Mar 15 2010 03:33 Dec 07, 2011 Jkt 019060 PO 00000 Frm 00036 Fmt 7634 Sfmt 0634 E:\CR\FM\K06DE7.068 H06DEPT1 jbell on DSK7SPTVN1PROD with HOUSE December 6, 2011 CONGRESSIONAL RECORD — HOUSE H8173 The American Legion has performed charter of the American Legion, and it The question was taken; and (two- a great service in bringing together clarifies the local autonomy of the thirds being in the affirmative) the veterans. I’ve spent a great deal of local posts throughout the country. rules were suspended and the bill was time with American Legion posts, and This needs to be done. It is important, passed. I’m grateful they exist. I think this is and it is something that we in this A motion to reconsider was laid on a good bill, and I would urge my col- Chamber have come together to do. It the table. leagues to support it. is long overdue. f With that, I reserve the balance of When I first introduced this bill in CHANGES IN MEMBERSHIP RE- my time. June, I started to talk with folks in QUIREMENTS FOR BLUE STAR Mr. COHEN. Madam Speaker, I yield this Chamber, and I found out that MOTHERS OF AMERICA, INC. myself such time as I may consume there really are things we can agree on. and am glad to be the Hoyt Wilhelm of We’ve spent a lot of time over the Mr. GOHMERT. Madam Speaker, I the Judiciary Committee and to relieve course of the year—in fact, a lot of move to suspend the rules and pass the the gentleman from Michigan, Chair- time today—pointing fingers at each bill (S. 1541) to revise the Federal char- man CONYERS. other and casting blame and talking ter for the Blue Star Mothers of Amer- S. 1639, the Senate version of H.R. about all the things that we don’t ica, Inc. to reflect a change in eligi- 2369, is a bipartisan bill which makes a agree on. Yet, for our men and women bility requirements for membership. minor change to the Federal charter of in uniform, the people who are honor- The Clerk read the title of the bill. the American Legion. The American ably and bravely serving this country, The text of the bill is as follows: Legion, as we all know, is the Nation’s and our American veterans, we agree S. 1541 largest veterans service organization, that they need this change and that we Be it enacted by the Senate and House of Rep- which was chartered after World War I, support them. resentatives of the United States of America in by Congress in 1919. As the gentleman from Texas pointed Congress assembled, S. 1639, introduced by Senator out, according to the Congressional Re- SECTION 1. MODIFICATION OF MEMBERSHIP TERMS. TESTER of Montana, a distinguished search Service, this bill that we intro- Section 30504 of title 36, United States Member of the Senate, is the Senate duced in the House, which is the com- Code, is amended— companion of the bill introduced by the panion bill to the Senate bill on which (1) in paragraph (1)— distinguished Representative and we will vote tomorrow, has received (A) by striking the text preceding subpara- former defensive back from the Florida the most cosponsors of any bill ever in- graph (A) and inserting ‘‘she is a mother State Seminoles, Representative ALT- troduced in the history of the Con- (meaning a woman who filled the role of MIRE of Pennsylvania, who introduced gress—432 cosponsors. It’s more than birthmother, adoptive mother, step-mother, H.R. 2369. He did a phenomenal job of any bill that has ever been introduced foster-mother, grandmother, or legal guard- getting 432 cosponsors—433 if including ian) of a person who—’’; and in history. It passed unanimously in (B) in subparagraph (B), by striking ‘‘in himself in the sponsorship. He can’t be the Senate after it was introduced in World War II or the Korean hostilities’’; and a cosponsor because he is ‘‘the’’ spon- October, which shows there really are (2) in paragraph (2), by inserting ‘‘or is a sor, which might make this the easiest things we can work together on. citizen of the United States living outside suspension vote we’ve ever taken. Maybe this isn’t the most important the United States’’ before the period at the The change made by this bill simply thing we could be doing, but it’s some- end. reaffirms the organization’s structure, thing we need to do; and it’s something The SPEAKER pro tempore. Pursu- which grants broad autonomy to the we’re going to do. Hopefully, it will ant to the rule, the gentleman from departments and posts throughout the send a message on both sides of this Texas (Mr. GOHMERT) and the gen- country. While this is not a major Capitol that we should come together tleman from Tennessee (Mr. COHEN) change to the existing charter, it will and that we should put our differences each will control 20 minutes. help the American Legion carry out aside. That doesn’t mean we have to al- The Chair recognizes the gentleman changes to the membership renewal ways agree, but at least let’s work to- from Texas. process that were adopted by resolu- gether, because this bill proves we can GENERAL LEAVE tion at its national convention last do it. Mr. GOHMERT. Madam Speaker, I year. So I am proud to stand here as the ask unanimous consent that all Mem- Senator TESTER and Representative author of the House companion of this bers have 5 legislative days within ALTMIRE are responding to a call from bill, and I am a proud supporter of the which to revise and extend their re- the American Legion. I am proud to Senate bill that we will be voting on. marks and include extraneous mate- join with them, as just about every- I’m grateful that Senator TESTER took rials on S. 1541, currently under consid- body else is in this House; and I sup- the leadership role in the Senate to get eration. port the bill. this done. The SPEAKER pro tempore. Is there I reserve the balance of my time. I thank the gentleman from Texas, objection to the request of the gen- Mr. GOHMERT. I continue to reserve and I thank the gentleman from Ten- tleman from Texas? the balance of my time. nessee. I support this bill and urge my There was no objection. Mr. COHEN. I now yield 3 minutes colleagues to vote for it. and 7 seconds to the gentleman who Mr. COHEN. I yield back the balance b 1700 represents the State of Pennsylvania of my time. Mr. GOHMERT. Madam Speaker, I (Mr. ALTMIRE), an alumnus of Florida Mr. GOHMERT. Madam Speaker, yield myself such time as I may con- State University, who lost to the Uni- again, Mr. ALTMIRE is owed a great sume. versity of Tennessee in the national debt of thanks. When my friend from The Blue Star Mothers of America championship football game that I at- Tennessee said this was a bipartisan was established during World War II tended in Phoenix. bill, apparently it’s the most bipar- and federally chartered in 1960. The or- Mr. ALTMIRE. I thank the gen- tisan bill ever brought before the ganization’s 5,000 members and 225 tleman, my friend from Tennessee, and House. It’s wonderful that a group like chapters provide support for our men I especially thank the gentleman from the American Legion could bring us to- and women in uniform and assist vet- Texas for his kind words. gether, and I appreciate Mr. ALTMIRE’s erans’ organizations. According to There are other things that are more efforts in doing that. their charter, the Blue Star Mothers important than this—our friends in the I would urge my colleagues to sup- also care for unsupported mothers. American Legion would be the first to port its passage. With that, I yield Membership in the Blue Star Mothers agree—that we are working on in this back the balance of my time. is open to a mother, an adoptive moth- Congress; but as the gentleman from The SPEAKER pro tempore. The er or stepmother who lives in the U.S. Texas pointed out, this is something question is on the motion offered by of a child who serves in the Armed only the Congress can do. the gentleman from Texas (Mr. GOH- Forces or has served in the Armed This is an important issue for the MERT) that the House suspend the rules Forces during World War II or the Ko- American Legion. It modernizes the and pass the bill, S. 1639. rean War.

VerDate Mar 15 2010 03:33 Dec 07, 2011 Jkt 019060 PO 00000 Frm 00037 Fmt 7634 Sfmt 0634 E:\CR\FM\K06DE7.072 H06DEPT1 jbell on DSK7SPTVN1PROD with HOUSE H8174 CONGRESSIONAL RECORD — HOUSE December 6, 2011 Wendy Hoffman, the national presi- First, to expand the membership eli- Colleague’’ being circulated. I hope dent of the Blue Star Mothers, has sent gibility requirements to include foster people will sign on and that we will a letter to the committee and requests mothers, grandmothers, female legal save the U.S. Postal Service. that their charter be amended con- guardians, and all stepmothers; f sistent with the resolution passed at Second, it expands membership to AMERICA AT A CROSSROADS their national convention. She stated U.S. citizens living abroad; the following: Third, it expands eligibility to serv- The SPEAKER pro tempore. Under ‘‘As mothers of American service- icemen and -women who served in prior the Speaker’s announced policy of Jan- members and veterans, we recognize conflicts other than World War II and uary 5, 2011, the gentleman from Texas changing family dynamics and have the Korean War. (Mr. GOHMERT) is recognized for 60 min- found it extremely important to in- Our men and women in the military utes as the designee of the majority clude other ‘mothers’ who have played need all the support we can offer, so I leader. a part in raising military heroes and applaud this effort by the Blue Star Mr. GOHMERT. Madam Speaker, also those mothers who are not resi- Mothers to provide the circle of sup- there are an awful lot of people hurting dents of the U.S.’’ port that the organization can provide. across America now. The Blue Star Mothers have also They do much to remember our We take up a few suspension bills here that only the Congress could deal opened membership to mothers of chil- servicepeople, and I appreciate their ef- with, so it’s something we have to do, dren who have served in the military at forts. I support these changes, and I we’re proud to do, important to those any time. This bill makes the changes urge my colleagues to support this leg- organizations in two States. It’s impor- to the charter requested by the Blue islation. tant to them; it’s important to us. Star Mothers. Our colleague SCOTT TIP- I yield back the balance of my time. Mr. GOHMERT. Madam Speaker, this We have people on the other side of TON introduced the House version of the aisle who come forward and try to the bill, H.R. 2815, and the Judiciary is also another very bipartisan bill. The Blue Star Mothers is a wonderful make it into a jobs debate when it Committee approved Mr. TIPTON’s bill group. I have met with them and I have would seem that some of the best de- by voice vote. wept with them. I’ve prayed for them bate would be if all of us, en masse, This commonsense bill opens eligi- walked down to the other end of the bility to ‘‘a woman who filled the role and am grateful to them for their work. I’m grateful for my mother, who hall of this building and began to seek of birth mother, adoptive mother, step- to debate the Senate—the Senate lead- mother, foster-mother, grandmother, passed away in 1991, as the mother of a servicemember and my stepmother as ership, that is—and Democratic Party or legal guardian’’ to a current member on why they are so intent on stopping of the Armed Forces or to a child who well, now. What they’re asking for makes per- legislation that could put people back has served at any time. To be eligible, fect sense, and I would encourage my to work. the mother will not have to reside in colleagues to support this resolution as There are many besides the Presi- the United States as long as she is a the Blue Star Mothers have requested. dent, in addition to the President, who U.S. citizen. I yield back the balance of my time. say this is a do-nothing Congress; and I urge my colleagues to support this The SPEAKER pro tempore. The because the Senate does so very little, bill to help enable the Blue Star Moth- question is on the motion offered by they give credence to that argument. ers to continue their wonderful work. the gentleman from Texas (Mr. GOH- One need only look to all the bills we With that, I reserve the balance of MERT) that the House suspend the rules have been passing here in the House my time. and pass the bill, S. 1541. that could help the economy, would Mr. COHEN. Madam Speaker, I yield The question was taken; and (two- help the economy, would put people myself such time as I may consume. thirds being in the affirmative) the back to work, would bring down dra- S. 1541, the Senate version of H.R. rules were suspended and the bill was matically the cost of energy, which 2815, is another bipartisan bill to revise passed. would bring down and the the Federal charter of the Blue Star A motion to reconsider was laid on stagnation and that’s been Mothers of America. The revisions im- the table. put in place by this President and, ac- plemented by the legislation once f tually, the 2 years prior to this Presi- again reflect minor changes recently SAVE THE POST OFFICE dent when our Democratic friends made to the organization’s membership across the aisle controlled Congress eligibility requirements. (Mr. COHEN asked and was given per- and jumped up spending like we could The Blue Star Mothers of America, mission to address the House for 1 not have anticipated. representing the mothers of military minute.) Our friends across the aisle correctly servicemen and -women, has been a Mr. COHEN. Madam Speaker, the pointed out that Republicans in 2006 federally chartered organization since other day the Postmaster General said were spending too much money. They 1960. The existing charter restricts that first class mail wasn’t going to be were right in pointing out that we member in three ways: first class anymore; it wasn’t going to should never be spending $160 billion A, members must be birth mothers, be overnight; it might be 2 or 3 days. more than we were taking in. They adoptive mothers, or certain step- Because of the problems we have were right. mothers; with making the post office financially As a result of their being right on B, members must be U.S. citizens sufficient, there are ways they could that and their promises that they currently living in the country; and accomplish this, and I’ve got a bill that would rein in that runaway spending, C, the corresponding serviceman or allows them to go into other services our friends across the aisle were given -woman must be currently serving in to expand their revenue base, and the majority in November of 2006. the Armed Forces or must have served there’s also about $5 billion that’s an in World War II or the Korean War. issue concerning payments into a b 1710 Last year, at the organization’s na- health fund that could be resolved. What followed in 2007, 2008, 2009, and tional convention, the group adopted a The post office is almost as American 2010 under the Democratic majority resolution expanding these eligibility as apple pie. A lot of people will switch was runaway spending at a level never criteria. A conforming amendment to to using the Internet to pay their bills even dreamed of, at least on our side of the Federal charter is needed in order and they’ll never go back to the post the aisle. make these changes operable. office. I’m afraid that what’s been rec- Who would have ever dreamed that S. 1541, the Senate bill, was intro- ommended is penny-wise and pound- the same party that condemned Repub- duced by Senator MICHAEL BENNET of foolish, and a great American institu- licans—correctly—for overspending the Colorado. Its House companion was in- tion that serves many rural people and amount of money coming into the Fed- troduced by Representative SCOTT TIP- others without a lot of connectivity eral Treasury by $160 billion would up TON, also of Colorado. and fortune will suffer. that ante and overspend by 10 times The legislation makes three minor I wish the Postmaster General will that much? Over a $1.5 trillion deficit revisions to the organization’s charter: reconsider his action. I have a ‘‘Dear in just 1 year. It is just unfathomable.

VerDate Mar 15 2010 03:33 Dec 07, 2011 Jkt 019060 PO 00000 Frm 00038 Fmt 7634 Sfmt 0634 E:\CR\FM\K06DE7.076 H06DEPT1 jbell on DSK7SPTVN1PROD with HOUSE December 6, 2011 CONGRESSIONAL RECORD — HOUSE H8175 One of the things that so concerned turn which still allowed a refund com- trade what they raised. They could use me about TARP, not only the bill when ing back. And as a result, their em- it as they saw fit. That kind of men- I read it, but the fact that it desen- ployment was in jeopardy. tality and that kind of structure that sitized Americans to just how much Imagine the feeling of Internal Rev- affords private property to people to $700 billion is and how much it was in enue Service employees who have had own and use on their own, or rental late 2008. to throughout their stellar at property that they can use to produce It’s my belief that if we had not the Internal Revenue Service, had to income, those kind of freedoms have passed TARP and people being so de- keep all of their affairs clean and in allowed the entrepreneurship that has sensitized as to how much $700 billion order, open, honest, to find out they brought us to the point in history was, President Obama could never have are going to be ruled and governed by where we are the greatest Nation in gotten through what was said to be someone who misrepresented on sign- the history of mankind, with more around an $800 billion porkulus, stim- ing a sworn document that they would freedoms than any in the history of ulus, whatever you want to call it, pay taxes that they didn’t until some- mankind. which turned out, by some accounts, to one called it to their attention prior to b 1720 be more like a trillion dollar giveaway being appointed to that role. It has to program—only if you consider giving be tough for IRS agents who have had But over time we’ve seen those who away amounts like $500 million to $600 such stellar, honorable careers to have fled Europe and England to come to million to Solyndra, that goes bank- dealt with that. America to start a new life, so many of rupt, as throwing away money. So what’s wrong with having some- them fleeing persecution as Christians, We have set this country on a course body who plays so fast and loose with coming to a new land where they would toward ruin. And now the Secretary of signing documents, not paying taxes, not be persecuted as Christians. They the Treasury, Mr. Geithner, who we re- playing with other people’s money in came to America. And with private call had time with the International the International Monetary Fund? I property engendering the kind of Monetary Fund, as came to light dur- would submit to you that we get thought processes that led our Found- ing his unfortunate confirmation hear- things, as we have here recently, with ers through the guidance—divinely, I ings, 4 years in a row he was paid by our Secretary of the Treasury, who en- believe—that they got, as pointed to by the International Monetary Fund and joyed spending hundreds of billions of so many of the Founders, we got our was said to be an independent con- dollars from TARP, who has enjoyed Constitution. We have a structure of tractor, although he manifested con- the power of giving away money, pay- government from Founders who did not trol and some level of governance with- ing money. Under TARP, in fact, a pro- trust government; who wanted to make in the International Monetary Fund. vision allowed the Secretary of Treas- it as difficult as possible to pass laws. He had a job with the International ury to pay more than fair market value Even once they were passed, they could Monetary Fund, but they paid him as if anything—and this is my interpreta- be vetoed. Struck down. They wanted an independent contractor, and, there- tion—if anything in his opinion, his it difficult. They saw gridlock as being fore, when he signed a document swear- sole opinion, would somehow, some a good thing. The more difficult it was ing that he would pay all of the taxes way, some day help our economy some- to pass laws, the less chance the gov- due on those amounts that were listed how, even if it was helping a foreign ernment would interfere in personal on those four documents, then he was economy. That’s the mentality at the property rights and personal freedoms allowed to receive all of the money IMF and apparently the mentality cur- of the individual. that should have been paid to the Fed- rently at the Treasury Department. Europe after World War II seemed to eral Government in taxes in return for I did not think we could get a worse move into this socialist type of think- his sworn agreement to pay that tax Treasury Secretary than Hank Paulson ing where the government will take independently on his own. As we found until we got our current Treasury Sec- care of people. Some in this country out during those confirmation hear- retary, making the mistakes he has after World War II for 60 years, going ings, he did not fulfill his oath. He and taking the position he has, and on 70 years now, have been pushing an broke his oath. He didn’t pay those now wanting Americans to come in and agenda to get us to a socialist state, taxes, and now he’s in charge of the bail out foreign countries who are where we take on the attributes of Treasury. How amazing. slightly ahead of us on the road to so- those systems that have repeatedly I’ve privately had Internal Revenue cialism. failed over and over in time. Service employees tell me how grieved If you go back to the Roman Empire, I was recently in Israel. I went to a they were to have had someone who did the Romans found that over time when former kibbutz. Those were truly com- not pay his taxes when he was required you continue to give people bread and munes. They had real communism to do so by law, went even further and circuses, they come to rely on those. there. Share and share alike. But so- he signed a sworn document that he They come to believe that they cialism, communism, it can sound so would take care of it, and didn’t, be- shouldn’t have to work, that the gov- nice. Everyone bring in to the common cause, despite all the jokes about the ernment will give them entertainment storehouse. Share and share alike. It IRS and despite there being some peo- and will give them money to use, food sounds nice, but it never works. ple with the IRS who can be a bit bru- that they need, and it materially af- And I saw that so clearly in an ex- tal at times, there are some wonderful fects work. change program to the Soviet Union people who work for the Internal Rev- Socialism of a sort was tried in the back in 1973, when it really was the So- enue Service who are abundantly fair, New Testament church. And on this viet Union. And on visiting a collective want to do the right thing, and have in- Earth, on this planet with fallible indi- farm, a socialist farm, you look out, credibly clean backgrounds. viduals, it resulted, as it always has the fields did not look very good. I In fact, the rule as I was given to un- and always will, in the Apostle Paul ul- have worked on farms and ranches, and derstand by IRS employees is, if you timately having to come to the conclu- those did not look productive. But I ever have underpaid your taxes or sion and issue the order, okay, new was surprised to see in the middle of failed to pay taxes, you’re out. You rule: if you don’t work, you don’t eat. the morning the farmers were sitting cannot work for the IRS. There have The Pilgrims had a beautiful com- in the shade in the center of the vil- been incidents where an IRS agent has pact. They were going to bring to- lage. I spoke some Russian back then overpaid taxes and then recalled some- gether all into a common storehouse and asked as nicely as I could without one giving them cash, and without any- and share and share alike. That brutal meaning to insult because I really was one ever being able to hold them ac- first winter caused them to lose so curious, When do you work out in the countable, no one would have ever re- many. Eventually, they got to a new fields? And they laughed. And one of ported it, but to keep a clean con- thing that we now call private property them that seemed to be the most bois- science because an IRS agent was so where people would own their own terous of the group said, I make the clean and had a conscience and wanted property, produce from it as they same number of rubles if I’m out there so to abide by honesty and truth and wished with full freedom to do so. They or I’m here in the shade. So I’m here in the U.S. law, filed an amended tax re- could eat what they raised. They could the shade.

VerDate Mar 15 2010 03:33 Dec 07, 2011 Jkt 019060 PO 00000 Frm 00039 Fmt 7634 Sfmt 0634 E:\CR\FM\K06DE7.078 H06DEPT1 jbell on DSK7SPTVN1PROD with HOUSE H8176 CONGRESSIONAL RECORD — HOUSE December 6, 2011 That’s socialism. That’s why it fails. very poor judgment, President Carter That’s better than rising unemployment And we’ve seen the riots in Greece as hailed the Ayatollah Khomeini in his and falling payrolls. Yet, properly under- the government tried to be responsible return to Iran as a man of peace; and as stood, the new figures reveal more about the and say, Look, we’re going broke. a result that man of peace, as Presi- depth of distress in the job market than about real improvement in job prospects. We’re out of business. We have got to dent Carter hailed him, thousands and Most of the decline in November’s unem- stop spending money we don’t have. thousands and thousands of Americans ployment rate was not because jobless people We’ve got to rein it in. And people have have given their lives or had their lives found new work. Rather, it is because 315,000 rioted and say, No, no, no, don’t cut taken from them. people dropped out of the work force, a re- back what I’m getting from the govern- There are prices that are paid by bad flection of extraordinarily weak demand by ment, not understanding if it’s not judgment; and this country has paid a employers for new workers. It is also a sign there, your government will eventually price for bad judgment, and now we of socioeconomic decline, of wasted re- have more efforts at bad judgment. sources and untapped potential, the human be taken over by some type of radical equivalent of boarded-up Main Streets and form—at least historically that’s what That would include telling the world shuttered factories. often happens—and some dictator, that as we’ve overspent more than a The job growth numbers also come with which they would hope would be a be- trillion dollars more than what we caveats. More jobs were created than econo- nevolent dictator, would take over, get have coming in, Don’t worry, we’ll mists expected, but with the job market so the rioting under control, and set the come bail you out. I was surprised to weak for so long, that is a low bar. It would take nearly 11 million new jobs to replace government on a course. find out this summer that we’re not printing money to get us out of our the ones that were lost during the recession We saw a government after World and to keep up with the growth in the work- War I in Germany trying to work to- problem. No, we’re not printing money. ing-age population in the last four years. To ward a process. Economic times were I was surprised to find out—because fill that gap would require 275,000 new jobs a tough. So a little guy with a mustache I’ve said that before. I think we’re just month for the next five years. That’s not in ends up actually getting elected to of- printing money to try to pay off our the cards. Even with the better-than-ex- fice and then eventually taking over debt. That causes runaway inflation. I pected job growth in the past three months, the country. We know the results of was corrected. And I stand corrected. the economy added only 143,000 jobs on aver- We’re not printing money to get out age. that—at least most of us do. There are And most of those new jobs are low-end some, like Ahmadinejad, that thought of our financial dilemma. No, I was ones. In November, for example, big job- the Holocaust never happened. But it told we’re not printing this money. growth areas included retail sales, bar- did. We’re just adding ones and zeroes in a tending and temporary services. Teachers So why in the world, when we see computer to say that we’ve got more and other public employees continued to lose how that works out and we see that a money. We’re not even printing it any- jobs, and job growth in construction and country will not accept its own respon- more. How irresponsible is that? There manufacturing were basically flat. Indeed, is a price that will be paid for that work—once the pathway to a rising standard sibility, as incredible as the people can of living—has become for many a route to be of a country like Greece—you meet kind of irresponsibility, and it is very downward mobility. Motoko Rich reported in people from Greece, you love them. tragic that it may well be paid by our The Times recently on new research showing They’re just great folks. As beautiful children and grandchildren. It is the that most people who lost their jobs in re- as a country can be, as rich a history height of irresponsibility to leave that cent years now make less and have not main- as a country can have like Greece, you to future generations. tained their lifestyles, with many experi- want to embrace them. Understand- And then to have our Treasury Sec- encing what they describe as drastic—and able. retary say, Let’s go bail these folks probably irreversible—declines in income. out. Well, it’s not really us. It’s the Against that backdrop, the modest im- But when a people such as those in provement in the jobs report, even if sus- Greece want to continue down a bank- International Monetary Fund. tained in the months to come, would not be rupt course and you see them heading b 1730 enough to repair the damage from the reces- for the edge of a cliff and they say, sion and its slow-growth aftermath. Help is It is kind of reminiscent of President Come join hands with us, it doesn’t needed, yet Congress is tied in knots over Obama saying, We’re going to go get make me feel any better to hear people even basic recovery measures, like extending Qadhafi, we’re going to help these so- like Secretary Geithner say, figu- federal unemployment benefits and the tem- called ‘‘rebels,’’ but we’re not actually ratively speaking, Let’s join hands as porary payroll tax cut. going to do it. No, we’re not going to Meanwhile, the increasing likelihood of a they jump off the cliff and take us with do it; NATO will do it. We started a lit- recession in Europe, or any other setback, them. But we’re told, Well, gee, some tle bit out there, but now it’s not the could easily derail the weak American econ- of the European countries, they’ll feel United States at all; it’s NATO. omy, sending unemployment back up to dou- better about trying to bail out Greece So we checked, and we find out 65 ble-digit recession levels. if they know that the United States percent of NATO’s military is United Now, we’ve been hearing a great deal will come in if things don’t work out States Armed Services. Oh, no, it lately from the President and from and bail them out. wasn’t NATO—much. Sixty-five per- Members of Congress on the Demo- We have had such radicalized spend- cent was the United States. It was the cratic side about how we just needed to ing that’s been out of control. And United States. And now the Secretary extend this wonderful payroll tax holi- until we get that under control, we’re of the Treasury wants us to do this day. Well, as the person who came up of very little use to most of the world with countries that are failing and yet with the idea of a payroll tax holiday 3 economically. The best thing we could still unwilling to embrace the problem years ago, I’m offended at the use of do for Greece, for all of Europe, is get they’ve created. the term ‘‘payroll tax holiday’’ to cut our spending under control, come back And then we’re told there’s such 6.2 percent Social Security tax down to from a point of strength financially, great news, that unemployment has 4.2 Social Security tax when it has not show them by example how you get out now dropped from 9.1 percent to 8.6 per- increased jobs, it has not helped jobs. of your problems, and then the world cent, or 9.0 to 8.6 percent, and we’re We’re talking $30, $40, $50, $60, when will be better off financially because supposed to feel like that is such a the payroll tax holiday I was proposing you see repeatedly in history when a wonderful thing. I’m not a huge fan of was a true holiday. It would have al- country gets in trouble financially, it , but there was an lowed every worker in America not to opens the door to dictators or a radical article in December 2’s New York pay any Social Security tax, any Medi- form of a government such as we see in Times, an editorial entitled, ‘‘Been care tax, any for at least 2 Iran today. That wasn’t entirely eco- Down So Long.’’ I think it’s worth en- months. It would not have hurt Social nomic. tering into the CONGRESSIONAL RECORD Security, the trust fund, and it would We do recall—I was in the Army at by its reading. not have hurt the Medicare system be- the time—when President Carter failed The unemployment rate dropped to 8.6 per- cause it was totally paid for. to support our ally, the Shah. I never cent in November from 9 percent in October My bill said that money that was met the man, but apparently histori- in the jobs report released Friday. The econ- leftover—which was available at the cally not a warm fuzzy fellow. Was not omy added 120,000 jobs and job growth was time before our Secretary of the Treas- fine with the folks in Iran. But using revised upward in September and October. ury just started giving it away—that

VerDate Mar 15 2010 03:33 Dec 07, 2011 Jkt 019060 PO 00000 Frm 00040 Fmt 7634 Sfmt 0634 E:\CR\FM\K06DE7.080 H06DEPT1 jbell on DSK7SPTVN1PROD with HOUSE December 6, 2011 CONGRESSIONAL RECORD — HOUSE H8177 money would be moved over and would out and dribbles out $30, $40, $50, $60 to people that are working that, gee, the cover the Social Security trust fund the worker. They got it all. And then, President’s got you a petty $30 extra in monies that were necessary so the tax to know that was going to be paid for your check, and these Republicans would not be missed. It would cover the by stopping the giveaways to the auto don’t want you to keep that. monies that were supposed to go in to companies, to the investment banks, to That’s not true. We do. But we also, cover Medicare. And so the only way the fat cats, as the President calls at the same time, don’t want Social Se- that money would be missed is that them, that was what I wanted to see. curity not to have the money that it Secretary Geithner would not have And that money would go into the needs. What the President is not tell- been able to give it away and support hands of the people that earned it, and ing people, as he has pitted those who those four-to-one Democrats or Repub- then they would have decided. are working now against our seniors, licans that are executives on Wall We did a survey in our district about and to the one group saying, hey, work- Street and who reside in controlling what people would use their money for. ers, I want you to have that little extra our investment banks. Look at your check. Think about it for 30 bucks in your pay check, and Repub- And that’s a shock to some people 2 months. What would you use it for? licans don’t want you to have it. And when they actually do their research And we weren’t talking about $20, $30, then going to seniors and saying, and find out Wall Street is four-to-one $40, $50, $60 like this President has. We you’ve got to worry about those Repub- Democrat over Republican because were talking about, $2,000 $3,000 $5,000 licans because they’re not going to they’ve been listening to Democratic $6,000. And when people did that, they take care of Social Security, never leaders for years talk about those sorry told us, for example, we’ve got a gas bothering to mention that when he fat-cat Republicans on Wall Street. guzzler, and gas is so high now we can says we’re allowing you to keep this Well, they hadn’t done their research barely pay our gasoline bill, but we’re money in your check now, it means either; or if they had, they would have underwater on our car. We owe more that money will not be in the Social been very disingenuous in so saying. than the car is worth so we can’t afford Security Trust Fund, not even the IOU That money—as I and many others to trade it in. So we’re stuck. will be in the Social Security Trust contended—that was in TARP and was You let us have our money for 2 Fund to take care of our seniors. in the slush fund of the Secretary of months, we’ll buy a new car. And the We were told when this President was the Treasury would have been far bet- people in America would have decided running that he was a uniter, not a di- ter used by those people who earned it, which car companies deserved to be vider. And yet we see in this campaign by just saying you get every dime back bailed out, and they would do that by ploy that working people are being pit- that you were paying in this month deciding which car they would buy. ted against our seniors. We’ve seen and next month. And I also knew pri- And you wouldn’t have had to have an class warfare. In essence, if you see vately in my heart that if we could auto task force secretively meeting in somebody has more than you do, you have that payroll tax holiday, a true the White House and an auto czar and need to want it and go after it. After payroll tax holiday for 2 months—and all those folks breaching the Constitu- all, that basically seems to be the one initially I said a year. tion, breaching bankruptcy law, and common thread running through all But if we could have had that for deciding which dealers got to keep the , Washington, even 2 months, then I knew taxpayers their dealership and which would have all the Occupy groups. across the country would see—many, had them arbitrarily yanked away, We had them come through Wash- most for the first time—just how much only years down the road to find out, ington screaming in the hallways money they were sending for the Fed- oops, we made a mistake on that. Oh, today. It wasn’t enough that they’re eral Government to use, and they well, they’re gone. Too bad. We could trying to disrupt a beautiful park peo- would demand better from their Con- have avoided all that. ple used to enjoy. Why? Because they gress, from their President. They And with all the effort that was un- have no regard for private property. would demand better from the bureau- dertaken to try to shore up the real es- Why? Because they’ve become envious crats in Washington that get to the end tate market, we had people telling us, and jealous. of the year and see they’ve got money look, we got behind on our mortgage I can say that because I’m repeatedly left and rush out and throw it away, payments when gas hit $4 a gallon. You told in the analyses that I have less as- spend it on whatever they can. They let us have the $6,000 we’d get to keep sets than most people. One time I had would have demanded better govern- over 2 months, we’ll catch up on our the least assets of anybody from Texas ment, and they would have gotten it or in Congress. they would have fired everybody at the mortgage. We’ll catch up on the other My wife and I cashed out all our as- next election and gotten better. But we things. You don’t need to have some sets, except our house, so I could run didn’t get a true payroll tax holiday. big financial bailout situation because I was very honored to have a chance we’ll take care of it ourselves if we for Congress, so I could try to make a to explain the concept of a payroll tax have our own money. difference. And I am not jealous of any- holiday when President Obama came to Then again, to know that that would one who has more than me. I thank our Republican Conference back the have been paid for by the TARP God we have a country where people first of the year in 2009. As I explained money, and Social Security would not can be entrepreneurs. And I’ve accept- to him, this is immediate; it imme- have been hurt. They would have got- ed that as a role I can play in helping diately helps the economy. Moody’s ten all the tax money that would have try to do that. said the tax holiday idea—a true tax come in. It would have just come from So it breaks my heart when I see a holiday, not this bastardization of TARP, instead of the individual tax- President dividing America with class one—the true tax holiday would have payers. And to know that Medicare warfare, encouraging envy and jeal- increased the 1-year GDP more than would not have been hurt, because that ousy. You ought to want what they any other proposal, more than any money would have gone directly into have and demand that you get theirs. other Democratic proposal or any Medicare, not from the taxpayer for 2 Leaders coming out and saying they other Republican proposal. And as I ex- months, but from TARP. That would fully embrace the Occupy movement, plained to the President, we pass this have been the right thing to do. it’s a great thing, when even the Oc- and you sign it—and if you just say you If you really want a stimulus, let the cupy folks can’t explain anything other are willing to sign it, we would get it people that earned it spend it. They’ll than they hate the people that got passed. If you sign it on a Thursday, know better than the people here in more than they do. then on Friday all of that money, all of Washington did. Then there’s a report—I don’t often the income tax, Social Security, Medi- And it didn’t pass. And President cite CNBC, but cnbc.com, more Ameri- care tax, all of that will be in the Obama has chosen to take the name cans are going abroad for economic op- check of the person that owned it. ‘‘payroll tax holiday’’ that I was using portunities. It says that the State De- 3 years ago and use it for a 2 percent partment now estimates that 6.3 mil- b 1740 tax. Why? Because it will look good for lion Americans are studying or work- It doesn’t have to go through Wash- the election. Why? Because it looks to ing abroad, the highest number on ington, and Washington take its cut be so grand because, see, you can tell record.

VerDate Mar 15 2010 03:33 Dec 07, 2011 Jkt 019060 PO 00000 Frm 00041 Fmt 7634 Sfmt 0634 E:\CR\FM\K06DE7.082 H06DEPT1 jbell on DSK7SPTVN1PROD with HOUSE H8178 CONGRESSIONAL RECORD — HOUSE December 6, 2011 We’re told that 70 percent of Ameri- airmen—we had not given them the go- intentional disregard for the future of cans, adults, believe that their children ahead to win that war. We had tied our children and one day their children will not have as much opportunity and their hands. and one day their children, complete freedom as they’ve had. That’s why I When I hear some people say we disregard, we want to spend it on our- ran for Congress. That should not hap- ought to remember the lessons from selves now. pen. We can change that. Vietnam—and then it turns out they It’s time to tell Greece, to tell every- But I’m mystified when I think about didn’t get the lesson. The lesson is that one, let’s hold hands and do this to- the record spending in 2007 that was unless you are willing to commit 100 gether, not jump over the cliff by followed by additional record spending percent of the resources and give the spending good money after bad. Let’s in 2008, under the guidance of Speaker rules of engagement that allow our do it by not spending money we don’t PELOSI and Leader REID, because we military to win, they should never be have. And there’s no way a country know all spending originates in Con- sent. It is outrageous to have our mili- would not be upgraded when S&P and gress. This is where budgets are passed. tary in foreign countries with rules of the world see, these people are really It’s where appropriations are passed. If engagement that don’t allow them to serious about not spending more than money is appropriated, it has to be ap- adequately protect themselves. That’s they have coming in. propriated from here. the lesson that should have been This is a brave country. They know In 2007, 2008, I never heard anybody, learned from Vietnam. We could have how to make commitments. And that Democrat or Republican, complain won the war. would get us back to having true free- SAM JOHNSON can tell you, the lead- that those budgets didn’t spend enough dom and not having the American citi- ers in Hanoi, as the POWs were taken money, each year going beyond what zens have to come begging to Congress, out, one was laughing: You stupid we had spent the year before. And so, Please, please, throw us more morsels. Americans. If you had just bombed us then to have a new President come in Instead, Congress would be a body that one more week—like the 2 weeks they in 2009, and with Speaker PELOSI and inspired greatness and inspired poten- had before—we would have had to sur- Leader REID still at the reins, jump up tial again and wouldn’t lure young render unconditionally. They could spending an extra trillion dollars, and women into the rut of having children have done that years before, saved then come before Congress and the out of wedlock because they’re bored thousands and thousands of American country and say, look, you’re just with high school. It would, instead, lives in Vietnam, but we didn’t commit going to have to raise taxes to get up give them incentives and encourage- to win it. to where this extra trillion dollars is ment: Reach your potential; finish high We shouldn’t send anybody anywhere that I’ve already spent. school; go to college. Why couldn’t we just say, Nobody unless we’re committed to win. It costs complained in 2007 or 2008 about too lit- too much money. But even more than Let’s have incentives not to stay out tle money being spent. Let’s go back to that, it costs the greatest American of work. Let’s have incentives to get the Pelosi-Reid budget that was so treasure, and that’s American lives. back to work. Let’s have incentives to much more than the Republican budg- We are in an economic crisis; and as sell our products around the world. ets of 2005 and 2006. We’ll go back to Peter Marshall as chaplain of the U.S. You do that by decreasing the tariff those. It means we drop $1 trillion in Senate prayed in the 1940s: What we that we put on American-made goods spending. Boom, there you go. We call crises, God sees as opportunities. by every American company. That didn’t a need a supercommittee. There It turns out, those of us in the House, would help get us on the road back to you are. those of us in the Senate, even the financial independence. Another easy solution that isn’t President, have an incredible oppor- One other thing: When you have been talked about enough, but this House tunity. We’ll never be called the great- blessed as the greatest country in the voted to cut our own legislative budget est generation; but 100 years from now, world when it comes to having your 5 percent last year and 6.4 percent the if we bring spending down under con- own energy, we ought to use it. We year we’re in. That amount of money, trol, people can look back and say: have it. We’ve been blessed with it. It’s though significant to most of us, is a Wow, they had about 60 years, 65 years time to use it. And I would humbly drop in the bucket when you look at of uncontrolled spending. It grew and suggest that this President get out of the overall Federal budget. And the grew and grew. And the people that the way, stop preventing us from using way that that should be used to make were in government then did some- our own energy, and allow us to be- a difference is for this House, since thing that most have never been able come an independent and great Nation we’ve done it to ourselves, now having to do when they get to that point, again. the moral authority to say to every when nearly 50 percent are getting With that, Madam Speaker, I yield Federal department, every agency, we more back than they are paying in. back the balance of my time. cut ourselves 5 percent last year, They were able to restrain their spend- you’re cutting yourself 5 percent next ing, get control of their financial des- f year. tiny, and we got another 200 years of the greatest Nation in history. COMMUNICATION FROM THE b 1750 The other is possible. They could CLERK OF THE HOUSE And the year after that, since we’ve look back and say: Wow, the United already done it, you’re cutting yourself States followed the tried-and-true path The SPEAKER pro tempore laid be- another 6.4 percent; an 11 percent cut. to the dustbin of history. They spent fore the House the following commu- And there you are. We didn’t need a more than they had. People found that nication from the Clerk of the House of supercommittee. You’ve got your cuts. they could get Congress to vote them Representatives: I am so grateful to Chairman PAUL money out of the Treasury. And once OFFICE OF THE CLERK, RYAN. We had a good discussion back again, that socialist concept failed, and HOUSE OF REPRESENTATIVES, in July. Since he’s been in Congress the Nation failed. The Nation that pro- Washington, DC, December 6, 2011. like I have, the four terms I have been vided for that brief time of Camelot, a Hon. JOHN A. BOEHNER, in Congress, each time I filed a zero- time of hope, relative peace, evolving The Speaker, U.S. Capitol, House of Representa- baseline budget bill that says no more toward more perfect freedom, was lost tives, Washington, DC. automatic increases for every Depart- because of financial irresponsibility. DEAR MR. SPEAKER: Pursuant to the per- ment. No automatic increases. It ought People have heard me so many times mission granted in Clause 2(h) of Rule II of the Rules of the U.S. House of Representa- to be an easy concept. quote Ben Franklin. But it’s easy to tives, the Clerk received the following mes- But we’re living under the rules that see from Proverbs, it’s easy to see from sage from the Secretary of the Senate on De- were established for CBO back in 1974, speeches of people like Ben Franklin, cember 6, 2011 at 2:04 p.m.: a very, very liberal Congress that our problem is a selfish problem—any- That the Senate passed S. 384. ended our participation in Southeast time we spend more money than we With best wishes, I am Asia. We should have ended it because have with complete and utter dis- Sincerely, we had not given our soldiers, sailors, regard, gross negligent disregard, even KAREN L. HAAS.

VerDate Mar 15 2010 03:33 Dec 07, 2011 Jkt 019060 PO 00000 Frm 00042 Fmt 7634 Sfmt 0634 E:\CR\FM\K06DE7.084 H06DEPT1 jbell on DSK7SPTVN1PROD with HOUSE December 6, 2011 CONGRESSIONAL RECORD — HOUSE H8179 b 1800 average, from middle class families went in one store. I kept looking at la- THE AMERICAN ECONOMY who would spend those dollars in help- bels, and it was China, China, China; ing to propel economic growth? and I’d put them back on the shelf. It The SPEAKER pro tempore. Under I can guarantee you that at firms was actually staggering what percent- the Speaker’s announced policy of Jan- that I represent, like Chrysler, Jeep, age of those goods—a majority of the uary 5, 2011, the gentlewoman from Fiat, that the Wrangler, that the Cher- goods on the shelves—were actually Ohio (Ms. KAPTUR) is recognized for 60 okee, that the Liberty are selling very made someplace else. I made a point of minutes as the designee of the minor- well and that General Motors’ Cruze going to a craft fair in our region and ity leader. vehicle, which is largely a northern was able to buy several Christmas gifts Ms. KAPTUR. I thank you very Ohio-made car, is selling like hotcakes that were handmade. I felt really good much, Madam Speaker. because people are able to make those about that because I knew that those I am very pleased to join my col- monthly payments. So that particular were people who had taken their artis- leagues this evening, including JOHN part of the discussion here in Wash- tic abilities and that they had created GARAMENDI of California, to talk a lit- ington makes such eminent sense. tableware, table linens and other tle bit about the standoff that appears Why in the world would you want to items. There was jewelry that was to be happening in discussions between penalize middle class families because handmade. I knew the profits would the Senate and the House and the you want to just take care of the top 1 benefit those families and that they seemingly irresolvable issue of whether percent? It simply isn’t fair. It simply would go to the communities that they or not average American families are isn’t fair. came from. It shouldn’t be so hard to going to be able to maintain a tax ben- It would seem to me, in the holiday find ‘‘made in the USA’’ goods on the efit on their payroll tax deduction re- spirit, that the tax-writing committees shelves of our major retailers. lating to Social Security contributions of both Chambers should get together So I would just urge our citizens— for the average family, which is about and figure out a solution that is fair to and I know sometimes it’s hard—as $1,000 a year; or whether that money is all families. It’s pretty clear to me you’re doing your holiday shopping to going to be taken away from them and, what that is, and it’s pretty clear to really try to look for that label ‘‘made instead, tax breaks given to multi- me that with corporate profits at all- in the USA’’ and to help your own com- millionaires and billionaires in our time highs and with those who run munity. Find small businesses and find country. these corporations and sit on their products in your community that are It appears that the Republican Party boards that they have been doing quite made here so that those dollars recir- is quite averse to having everybody in well, thank you, and it’s time for them culate over and over and over again this country pay their fair share, so I to do something for the Republic. and so they help to build the real just want to go on record as saying, at It’s not that big a deal. Who is going wealth of our Nation that made Amer- this point in our economic recovery, to miss an eighth home or a seventh ica great. nothing could be more important than yacht? But the average family is hav- I would urge you to look at candy- keeping that tax benefit in the hands ing trouble meeting its credit card makers in your region, at those who and pockets of America’s families. debt, paying its children’s bills, having are making cookies, at those who are They’re the ones who actually take enough, as prices go up, to pay for food small entrepreneurs of different kinds, those dollars every month and buy es- on the table, and taking care of elderly making scarves. I was able to go to one sentials, not extravagant purchases. relatives sometimes who need extra potter in our region, and I ordered sev- They make their car payments if medications. eral items for this holiday season. they’re fortunate enough to have cars; So I would urge those in both Cham- That’s a local artist who has her own they buy enough food for their fami- bers who are on these budget and tax- shop and makes her own goods right lies; they buy clothing; my golly, dur- writing committees to spend the time there. She exports out of that shop, and ing the holiday season, they might that’s necessary and not burden the I know that that’s going to help our re- even be able to buy a little bit extra— American people with unnecessary gion grow. So we can do a lot in our something special—for their holiday delay. Instead, give the economy the own lives and in the way that we spend dinners; and they pay down some of the boost that it needs by maintaining the those precious dollars to really help job debt their kids have in trying to pay middle class payroll tax cut and by creation in our regions, in our country, their college or after-high school train- making those in the top 1 percent pay at a time when we really need it. ing bills. their fair share. I see that some of our other col- It’s really amazing to me that in the Many, many years ago, they paid a leagues have joined us here on the richest and most powerful country in lot more percentage-wise than they do floor. I want to thank Congressman the world that we continue to have this today, and we had lots of job creation PAUL TONKO of the great State of New tremendous friction here in the Con- in this country. It simply eludes me York for joining us this evening. He is gress to do something that is so rea- why those at the very top of the in- such an outstanding and really relent- sonable—that is just so eminently rea- come scale, who have taken most of less voice on job creation and economic sonable—and would contribute to eco- the benefit of growth in the last 20 recovery in our country. nomic growth. We know that consumer years and who are doing so well, are so Mr. TONKO. I thank the gentle- spending is the most powerful instru- averse to helping our country and to woman from Ohio. Thank you very ment to help lift this economy out of making sure that everyone has a much for kicking us off on a wonderful its doldrums. chance to prosper because, when every- hour of discussion as to a plan to revi- We see the automotive industry re- one prospers, so does the top 1 percent. talize our economy and to grow the op- cover, this industry that the Obama That’s where this consumer spending portunities for our working families administration and certain Members of injection from the middle class payroll across this country. this Congress worked so hard to fight tax cut plays such a significant role in President Obama has ushered forward for the recovery of; and we got more the economy. a wonderful package called the Amer- signs of that today in Ohio with a won- Now, as we buy for the holiday sea- ican Jobs Act that will enable us as an derful announcement by Ford that it is son, nothing could be more important American society to respond to the cri- moving its truck line from Mexico than buying ‘‘made in the USA’’ goods. sis for jobs and to the crisis for eco- back up to Avon Lake, Ohio, and that Why is that important? It’s important nomic recovery, all of which are in- it’s making over a $128 million invest- because, when you see that label, credibly valuable to the future of this ment there. We see car sales increas- ‘‘made in the USA,’’ you know that country. ing, and that’s because people have those dollars flow back to that com- spendable income. pany and to those workers and that b 1810 So why at this point in our history you actually help build wealth in this We need to invest, I believe, in a way would you want to allow those who country. that allows us to provide the tools that have the most not to pay their fair Last weekend, when we were doing are essential for a modern-day econ- share and take away $1,000 a year, on some shopping for the holidays, we omy and modern-day manufacturing.

VerDate Mar 15 2010 03:33 Dec 07, 2011 Jkt 019060 PO 00000 Frm 00043 Fmt 7634 Sfmt 0634 E:\CR\FM\K06DE7.086 H06DEPT1 jbell on DSK7SPTVN1PROD with HOUSE H8180 CONGRESSIONAL RECORD — HOUSE December 6, 2011 This proposal stands in sharp contrast So, I thank you for bringing the interstate, and ultimately it can be to the work done a decade and a half focus tonight on the floor of the House sold internationally because it’s vacu- ago, a decade ago. of Representatives to what we call in um packed. What was done then is this spending our caucus a progressive agenda for re- And I was thinking about the cre- frenzy that paid for tax cuts for mil- vitalizing the economy, and empha- ativity of this individual American try- lionaires and paid for tax cuts for bil- sizing, underscoring the concept of ing to make it in a very tough econ- lionaires and bought wars in Iraq and making it in the USA, making it in omy. And then a couple of days later I Afghanistan and offered a pharma- America, putting a focus, again, onto was over at a coffee shop in Lakewood, ceutical plan for the Medicare pro- the manufacturing base. Ohio, and I happened to tell the owner gram, all without having a payment I represent a host of communities of that shop—also a woman—that I had mechanism. dubbed mill towns. They were the eco- met this master roaster. And she said And so this spending frenzy, which nomic engine for an industrial revolu- to me, well, you know, Congress- was tremendous, it was a huge bill for tion. They were the epicenters of in- woman, it’s interesting you should say the American public, had been done off vention and innovation that led to this that. I’m trying to bring together all budget and had no funding sources. westward movement that enabled us to these master roasters across the coast. There were no pay-fors, as they are ad- impact not only the growth of this Na- I said, gosh, we have coastal roasters dressed today. tion in favorable measure, but to im- or roaster coastals? But the point was The contrast here with the Presi- pact the quality of life in peoples people were thinking, they were cre- dent’s proposal, with President around the world simply by our spirit ative, they were bringing something Obama’s proposal, is that there is an of pioneer, which is within our DNA to new to the market, beautifully labeled, offering for relief for America’s work- make a difference in the product deliv- an excellent product, and trying to ing families, for her middle class stra- ery, in the quality of life that’s ad- counter these trends. ta, with a payroll tax reduction exten- dressed by that product line. And because small business is located sion, and that enables both employers I’m filled with optimism. I’m filled in our communities, it’s interesting to and employees to realize the savings with optimism if we move to go for- look at the last several years as well, that then allow us to put together a ward in a way that invests in the which conform to the rise of Chinese balanced approach on assisting the eco- American worker, invests in the Amer- imports and other imports into our nomic revitalization of our working ican business, small business, and in- country. And look at the distribution families and middle class, and on pro- vests in our ingenuity and our innova- of income of people in our country. And viding the investments that are essen- tion. what’s happening is what the American tial in going forward, automating our Thank you so much for the discus- people obviously know, which is why manufacturing concepts in providing sion. we need to maintain the payroll tax an inducement for an ideas economy Ms. KAPTUR. Congressman TONKO, I holiday and to make those in the top 1 into the equation of success for this want to thank you so much for coming percent pay their fair share. country. to the floor tonight to again express The divergence between people who That all requires investment. And so your deep and abiding passion for jobs are in the lower income spectrum and as we look at this plan that is very bal- in our country. And I wanted to follow the upper has just exploded. It is just anced and paid for, we know that we on something you said. that before, those who had much and can compete in that global market if This is actually a chart which shows those who had just enough and those we’re given the appropriate revenues to our trade deficit with China. Like your who had little were not so far apart. invest in a modern manufacturing con- community, our communities are just But the gap has just widened to a level cept. Keep in mind, certain sectors loaded with goods that are coming in where the American people know some- were totally avoided by the Bush ad- here from China. And if we just look thing is fundamentally wrong, and that ministration. No focus on agriculture, back at the last decade, the enormous the ship of State is very out of balance, no focus on manufacturing, a focus on rise in those goods on our shelves, and that somehow we have to begin to the service sector of the economy, but when you really put the math of it on make sure that all boats are lifted in they are narrowly on the financial a chart, it looks like an avalanche. It this society and not just some boats services. is just crowding all this money—in get lifted. We all know the saga there. We know 2010, over $273 billion of hard-earned And we know that job creation, busi- the scenario all too well, that avoid- American money was actually used to ness growth, business startups, busi- ance of a watchdog, turning our back purchase Chinese goods, and that ness expansion of American-made prod- so that there could be this laissez faire money then went back to, not the ucts are essential; products that can be approach that brought America’s econ- United States, but to China. exported, that can help to close the omy to its knees, and we saw the dis- And you think about the displace- trade gap but also then begin to narrow placement of 8.2 million jobs. ment of production in this country, for the income gap that we see as we allow That was painful and impacted peo- everything from tableware to some- more income to be earned by those who ple in tremendously profound measure, times food products now, and I had an are in the middle class and who are in and people lost their lifetime savings experience over the weekend because I some of the categories of income where through those failures. Housing values like to work with small businesses, and they’re stretching just to make it went down. They plummeted and, I ran into a woman who was blending every day, every week, to put enough again, 8.2 million jobs were lost. coffee, she’s called a master roaster, food on the table. So we have an opportunity, Rep- and her product is called Bea’s Blends, This is really almost un-American. resentative KAPTUR, as you’ve talked Bea’s Blends from Toledo, Ohio. This looks more like an old, stratified about an extension of the payroll tax And she was asking me, I want to ex- society from times past that was very, holiday, we have an opportunity here pand my company but I need a very very undemocratic, places where we to not only provide for savings, for our small loan, and I don’t want to go into wouldn’t want to live, the kinds of families, but for investments in a mod- debt and, oh, gosh, what should I do places that our relatives fled because ern world manufacturing model that next? And I told her I would try to put they couldn’t get enough to eat, be- enables us to, again, utilize the her in touch with the Small Business cause they didn’t have a chance to earn strength of research, the strength of Administration. a fair day’s . technology, the strength of ideas that But it was really, when you said the can then bridge into a new threshold of optimism that you have, I’m meeting b 1820 manufacturing opportunities in this companies all the time that are invent- We are joined this evening by Con- Nation, and then, of course, the invest- ing new products—incidentally very gresswoman SHEILA JACKSON LEE from ment in the human infrastructure good products—and trying to counter the great State of Texas, such a hard- where we train and retrain workers for this trend of more imports versus our working and able Member who is such that automated phase that comes in exports. And her product is a product a voice for citizens across our country manufacturing. that can be sold locally, it can be sold and our world every day.

VerDate Mar 15 2010 03:33 Dec 07, 2011 Jkt 019060 PO 00000 Frm 00044 Fmt 7634 Sfmt 0634 E:\CR\FM\K06DE7.088 H06DEPT1 jbell on DSK7SPTVN1PROD with HOUSE December 6, 2011 CONGRESSIONAL RECORD — HOUSE H8181 We thank you so much for joining us riod. An additional $31.8 billion would happens to be poor watches any family this evening. be generated by increasing fees on member get up and go to work unless Ms. JACKSON LEE of Texas. Con- mortgage lenders paid to they’re doing illegal activities. gresswoman KAPTUR, thank you for al- and ; and those may have So a solution is we watch the jani- lowing me to join you and to join the to be reviewed by this body, but it is tors in the schools—let’s make sure the distinguished gentleman from New seeking a way to ensure that everyone poor children, pluck them out of the York. We are on the floor often, but it gets a piece. Let me tell you what the pre-K and first grade and sixth grade, is very special to come here tonight as response is. let them do the janitorial work of an I listen to you discussing the issues not The hostage-taking comes when one adult who is providing for his family. only of Make It In America, but some- Senator of our friends on the other side In my day, janitorial work, the sanita- thing you have been on—and, in fact, in the other body, a Republican Sen- tion department, that was good, hard we have known Ohio to be the center ator says: Okay, we don’t want the work for individuals who were pro- point of manufacturing, the center to ever expire. That’s viding for their families, and maybe point of production of what we call the their response. they educated a whole generation of raw materials, overlapping with our So I just want to say to my col- children by being a janitor. Or someone friends in the Midwest on steel produc- leagues that the olive branch has been who was housekeeping or someone who tion. We call Ohio the true salt of the extended. If we do not do this, I will was cleaning facilities or office build- earth and the underpinnings of Amer- tell you the GOP will be risking 160 ings. We are not suggesting that these ica’s economy. million Americans who will not be pro- individuals are not looking for greater Again, they are very fortunate to tected and will be subjected to this aspirations. Maybe somebody went and have a Member such as MARCY KAPTUR, massive, if you will, tax increase. If we got a GED or went to a community col- who has never stepped away from the do it, it will give 160 million Americans lege. morality and the moral compass of al- relief. 300,000 people making more than But to suggest that poor children in lowing constituents to work and to $1 million a year will give a little bit of Appalachia, where Robert Kennedy fight for them having the opportunity sacrifice to give a fair shot, a Teddy went and said he saw the worst poverty to work and to create opportunities Roosevelt fair shot, to the American he had ever seen, or in places such as and jobs and manufacturing in Ohio. people of $1,000 to $1,500. inner-city Houston or rural America We thank you. We are joined, of course, Let me speak briefly about the unem- don’t have role models because they by Mr. TONKO, who has never wavered ployment circumstance here. Six mil- are impoverished and the only thing from assisting his constituents, par- lion Americans lost their jobs. And I that they are able to see is illegal ac- ticularly facing the hurricane they want to speak briefly, and I want to tivity is an insult to the American had. show this picture of a happy family. spirit and is a reflection on what we I want to join you and pick up the You’ve got manufacturing and I’ve got have come to in this body when we populist chord, if I can. The President the Houston port. We’ve got steve- can’t give to the working class, this went to—I guess he listened to us, lis- dores. Obviously, when the inter- wonderful family that is on the front tened to you and went to Kansas and national economy slows down, what pages of our paper, indicating they’re went to the place where Teddy Roo- happens to the guys who load and un- only in this predicament, they only sevelt, the man with the big stick, load ships? My guy who is in this fam- can’t see daddy go to work because he went. I think we need a big stick ily that’s in need, he’s been off work is a stevedore without work and then around here. I don’t believe in violence, for a month or two months. He’s got getting back surgery, so compounded but if I might just get one quote in these beautiful children and a wife. not because they are poor and in a fam- that I really like: This country suc- They’ve got some medical problems. ily where nobody gets up and goes to ceeds when everyone gets a fair shot, He’s had to have surgery. These are the work. when everyone does their fair share, kinds of people that we are castigating, We’ve got to do better than this. We when everyone plays by the same rules. the salt of the earth in Ohio that had have to take the Teddy Roosevelt spir- This is what we’ve been speaking jobs in manufacturing and were laid off it. I’m glad the President was in Kan- about. This is what the public has been or they were slowed down. sas and has taken on this kind of hard asking us. This is what the coffee This headline says: ‘‘Illness and talk in order to provide for the work- maker or the small businesses have budget cuts fail to diminish family’s ing families of America. been asking for: Give us an even play- good cheer,’’ but they are the recipi- Ms. KAPTUR. I want to thank you so ing field. ents of charitable aid here in Houston, much for bringing this family’s plight I want to briefly speak, as I partici- Texas. And you see their three lovely to light here in the Congress on behalf pate in this Special Order, on one or children. If this gentleman does not get of all of America’s families who are two points, and that is these go hand in unemployment, if, for example, he con- suffering at this holiday season. hand. tinues to be laid off, then we are talk- Isn’t it an indictment on the legisla- We know there are people who are ing about a family that is not on public tive branch of this country at the na- unemployed. We know there are work- assistance. We are talking about a fam- tional level that when people need un- ing people who will benefit from the ily that in fact worked, which is what employment benefits, we have to run extension of the payroll tax cut. We unemployment insurance is, car insur- out the clock right to the bitter end, also know that we have great respect ance, fire insurance. They worked, and right to the bitter end for benefits that for our colleagues, but that we have they’ve come upon hard times. New have been earned—earned. not been tending to the people’s busi- Yorkers worked, and they’ve come In church on Sunday, a couple came ness for the last 3 weeks. We have been upon hard times. Californians worked, up to me and the husband asked: Con- passing legislation which has been job and they’ve come upon hard times, as gresswoman, if you know of any other killers. We could have had a reasonable have those in Ohio. So I would just, in jobs, please let me know. What’s going discussion on how we get to a point. the spirit of bipartisanship, say to my to happen with unemployment bene- And I don’t mind doing things in a bi- good friends, find a way to repay the fits? This was a family that obviously partisan way. I’ve never seen you re- American workers who have come upon needed help, a family that had spent ject bipartisanship. I have never seen hard times, the children who have their entire life, the man and wife, Mr. TONKO reject bipartisanship, or Mr. watched their parents get up every day both working. GARAMENDI do so. We are eager to move and work. this country forward. Here is my swan song on this point. I b 1830 I’m going to give the other body a wanted to show this picture because I He didn’t want to ask about the un- compliment because I know they were have been plagued over the weekend by employment benefits; but he knew that stuck on the plan of the payroll tax, the words of one of our national figures for that family, maybe it was all that but I kind of like the idea of a 1.9 per- who indicated that poor children have would be there in the near term. cent surtax applied in 2013—not even in no role models; no one in the poor com- I’ll give you a couple of figures I 2012—to millionaires over a 10-year pe- munities ever goes to work; no one who would like to put on the record this

VerDate Mar 15 2010 03:33 Dec 07, 2011 Jkt 019060 PO 00000 Frm 00045 Fmt 7634 Sfmt 0634 E:\CR\FM\K06DE7.090 H06DEPT1 jbell on DSK7SPTVN1PROD with HOUSE H8182 CONGRESSIONAL RECORD — HOUSE December 6, 2011 evening. One, I called the head of one Ms. JACKSON LEE of Texas. I want I thank the gentlelady for coming of our major railroads the other day to follow up and put two more numbers down tonight. because I was trying to get the word on the record, as you did. You made a Our leader, Congressman JOHN out across my region—not everybody is very valid point that here we are at the GARAMENDI of California, is with us to- plugged into the Internet—that there last minute. You would think that we night. We thank him so much for re- were 4,000 jobs that CSX was offering would be sensitive enough to know serving this Special Order and for the around the country. I wanted to make that families are gathering. Families incredible leadership that he has exhib- sure that people in our region knew want to have a holiday for the chil- ited each and every week that we have that they were available. The chief ex- dren. They’re trying to be the Santa been in session. Just a powerful and ecutive officer of the company said, that they know that the children be- sustaining voice on Making It in Amer- Well, you know, we’ve had 500,000 appli- lieve in. They’re trying to make prep- ica and creating jobs here. cations for 4,000 jobs. arations. Families are trying to find Mr. GARAMENDI. Ms. KAPTUR, The American people want to work. ways to be with loved ones. It may be you’ve gone too far. Thank you so very, It is not that they do not want to gasoline that they may need to drive a very much for picking up. work, as some of our friends on the car. If we don’t do this unemployment Tonight is a very special night for other side infer. No, no. They’re look- insurance, we are poised—unlike if we California. We lit the holiday tree in ing every day. They’re just not finding did it and we get bang for our buck—to front of the Capitol. It was a tree that the jobs that existed in past genera- lose 200,000 jobs. Compound that with came from a community very close to tions. And we know that those jobs not extending the payroll tax cut and where I was raised in California. I was have been displaced by imports from we’d lose 400,000 jobs. That is almost out there with the choir from Summer- places like China. And company after 600,000 jobs. ville High School in Tuolumne County, company that used to be located in our I finish by saying the tragedy of your an area that I represented for some 20 point about China—and I want to make neighborhoods aren’t there anymore. years, and then others around the area. So it’s harder to find jobs. We have to it very clear that we love all people. A beautiful, beautiful tree from the create new jobs. But the new ones We wish the best for the people of Stanislaus National Forest in Cali- aren’t coming on stream fast enough. China. It is the policies, the currencies. fornia. There really is much to celebrate and The level of desire to work in our coun- But not only do we have this in the much to be concerned about in Amer- try is so much higher. Millions more backdrop; we have to fix our own house so that we’re not building a bridge in ica. We are still a very great country. people want to work than there are California that has drawn steel and We’re the strongest, wealthiest place jobs available right now. And so for workers and designers and accountants on this Earth. We have incredible op- many families, unemployment insur- from way across the ocean in China. portunity and potential. I saw it in ance is all that’s left for them. Again, We’ve got to get our house in order. those kids that were singing in front of this Congress is just waiting to the bit- And so 600,000—if the payroll tax cut the Nation’s Capitol this evening. Yet ter moment rather than acting respon- extension doesn’t go forward, we’re los- there’s so much pain, as was pointed sibly to help families who have lit- ing 400,000 jobs. And if unemployment out by you and our colleague from erally built this country and who have insurance doesn’t go forward, we’re los- Houston earlier. a very good and want to ing 200,000 jobs. Is this the way to wel- Americans care about each other. work. come the most sacred season for many They deeply are concerned about So I want to thank the gentlelady faiths and many families of the year of what’s going on in our communities, from Texas (Ms. JACKSON LEE) for giving, where we teach our children to and they want solutions to the prob- bringing this subject up and putting a give? Is this what we should be doing lem. That’s our task. There’s 435 of us human face on what this unemploy- to the American people? Is this what here and over in the Senate another ment really looks like out in the coun- we should be doing to our soldiers who 100. And, of course, the President. It’s try. If anyone has any doubt, come to will be coming home by the end of De- our task to find the solutions. The Ohio. Come meet these families who cember? I think not. President has put forth a very powerful want to work and are looking every I thank the gentlelady for allowing program called the American Jobs Act. day. me to share these thoughts. I’m only One piece of it has, fortunately, passed. Of course, the way it works, you looking forward to getting our house in It was passed just a few days after Vet- can’t go into a company. They tell you, order and getting our holiday house in erans Day when I guess we were out at Well, we might have a hundred jobs but order and reflecting on the needs of the the parades, and we made promises to apply to us through the Internet. It’s American people and not special inter- take care of the veterans. Fortunately, like you go into this faceless system ests. a piece of legislation did pass. Only one where you can’t really find a human Ms. KAPTUR. I want to thank the part of the American Jobs Act, though being. gentlelady for those very profound there’s much more to do. They’re trying out there in the coun- comments tonight and just place on My colleagues, Ms. KAPTUR, and the try. All the economic figures show us— the record that just in our church last gentlelady from Houston, we’re talking and the last thing I will say here for weekend the priest informed us that about a piece of it. The veterans piece this segment—Mark Zandi from compared to last year he was asking provides employers a very powerful in- Moody’s has classified every single ex- for people to dig deeper because the centive to hire a veteran. A very, very penditure that one can make that gives number of baskets and the number of powerful incentive. You can reduce the economy more than a dollar for ‘‘asks’’ was up well over 125. I think your taxes by $2,600 to hire a veteran every dollar expended. Would you be- just for our church it’s over 360 now for that’s been unemployed; a long-term lieve that if one looks at things like this year. For a small congregation, unemployed veteran, $5,600 reduction unemployment insurance and pay- that’s a bit of a struggle. That’s just in your taxes; and in addition to that, ments to the unemployed, that pro- one place, just one corner in America, the President proposed that if it is a duces the biggest bang to the economy? repeated in 50 States, in every hamlet. veteran who is disabled as a result of Well over $1.35 for every dollar invested I appreciate what the gentlelady said their service, a $9,600 reduction in as opposed to, let’s say, tax credits or about the spirit of this particular sea- taxes. something like that, these arcane tax son of light and of giving and that the provisions, where less than 30 cents is people who are out of work have earned b 1840 actually reinvested in the economy. these benefits. They’re not asking for That’s right off the tax line. So we’ve So unemployment insurance exten- any handout. They’re asking for the in- got to get the message out to employ- sions also make sense for economic surance that they earned as a condi- ers: Hire, put people back to work, the growth at this very tender time be- tion of work in order to help have a veterans. It’s one of the elements the cause the people who receive those ben- merry Christmas and a happy Cha- President has proposed in his American efits spend them on essentials that nukah and very Eid greeting season. Jobs Act. drive the economy. They’re not asking for anything they And you were so powerfully putting I yield to the gentlelady. haven’t earned. forward just a moment ago the issue of

VerDate Mar 15 2010 03:33 Dec 07, 2011 Jkt 019060 PO 00000 Frm 00046 Fmt 7634 Sfmt 0634 E:\CR\FM\K06DE7.092 H06DEPT1 jbell on DSK7SPTVN1PROD with HOUSE December 6, 2011 CONGRESSIONAL RECORD — HOUSE H8183 the payroll tax deduction. It’s going to the ladder. They don’t feel that that’s surance companies who I know, as a end. There will be a tax increase for within their grasp today. previous insurance commissioner, will every American who is earning up to And it’s not only the injustice here not provide a reasonably priced policy $106,000, a tax increase average of $1,500 that is measured on a chart—and be or benefit to somebody who is 65 be- across this Nation. We want to keep mindful, they don’t reject the notion of cause those are the people that get that tax reduction in place. We Demo- working hard and scoring big, making sick. crats do not want a tax increase on the money. They’re not concerned about Similarly, they have said repeatedly working middle class, no. that. They honor that. What they’re since the 1930s that they want to termi- But again, as was pointed out just a concerned about is the undue influence nate Social Security. We hear that. We moment ago, our Republican friends that the powerful have, those sitting hear the background buzz around this are saying, Well, that’s a good idea, but perched high on the income ladder, the building. They want to terminate So- where are you going to get the money? power they have with the process and cial Security. These are the programs You can’t get the money from those the policy outcomes. And the fact that that give American seniors the dignity whose annual income is more than $1 we would avoid fairness in revenues and the opportunity not only to live a million; $1 million a year annual in- and not invest in the American Dream, good life, but to even live, to stay come, you can’t tax them. That’s not not invest in opportunity, not invest in alive. fair to tax those people. They’re the the prosperity of this Nation is what Mr. TONKO. Let me just talk about a job creators. bothers them. They don’t want to be point of clarification, too, to add to Baloney. They’re not the job creators ignored that way. They want to know that discussion. any more than any other small busi- that a process out there, there’s a gov- On this whole tax fairness, people ness in the community who doesn’t ernment working to create policies have approached me. They’ve said, even come close to having an annual that initiate a comeback, that enable Now, explain to me—because they hear income of $1 million. people to have within their grasp the different scenarios. They were imag- So let’s be fair about this. They’ve American Dream. That’s what they ining that there would be this tax, this had an enormous tax break over the want to know is alive and well here in surcharge on $1.2 million. For instance, last decade. It’s time for them to come Washington. if you’re over that $1 million threshold forward and to share in the burden of And now it’s a fight. It’s a fight for and you have an annual income of $1.2 America and put Americans back to the Democrats in this House to score a million, the people are now reminded work. The American Jobs Act works. victory for the middle class. We want that it’s on that $200,000 over and above Let me now turn to my colleague that victory. We want people to be able the first $1 million upon which the sur- from New York. to know that there’s a fairness out charge is levied. You know, that’s an Well, Ms. KAPTUR, you’re running there. Look at it, $1,800, $1,500, what- important fact that is sometimes lost this operation, so, please. ever your strata would produce as a fa- in the discussion. So now people are Ms. KAPTUR. I am going to yield the vorable outcome is something for saying, Well, wait a minute; so the time to you, Congressman GARAMENDI, them. Month to month they will score first million dollars isn’t taxed. Mr. GARAMENDI. Same tax rate, but I did want to say for the listening some victory here where the essentials, audience that this is a coast-to-coast doesn’t change at all. as Representative KAPTUR labeled Mr. TONKO. Right. And so they’re operation. I’m looking at you from them, are available to them with these saying, Well, whoa, we’ve been California, Congressman TONKO from savings. Contrasted with opportunities flatlined for so long, and this expo- New York, Congresswoman JACKSON that we see here that find this group nential rise for the highest in the in- LEE from Texas, and myself from the that’s rising to the top exponentially come ladder’s outcome. heartland. That’s a pretty broad vari- just won’t share the prosperity in that Mr. GARAMENDI. Surcharge is only ety of opinion from across our country, way. on the amount over $1 million. from very significant States. And I think it’s the avoidance of Mr. TONKO. So now there is more de- Mr. GARAMENDI. I thank my col- sound progressive policy that’s really termination by America’s middle class league from the great State of New the struggle right now. And people are families to have it fixed and done cor- York, picking up the east-west pro- expressing their anger and their frus- rectly. gram once again. tration, and rightfully so, because we And the other thing is, I’m reminded, Mr. TONKO. Representative need to be more fair. every time I go home, by middle class GARAMENDI, thank you again for bring- Mr. GARAMENDI. If I might just in- Americans, modest household incomes, ing us together with this request for a terrupt you, Mr. TONKO. that: We’re job creators. My children Special Order. You mentioned sound progressive needed my attention at home. I opened If Representative KAPTUR could just policies. We’ve all been back home over a childcare in my home. I charge. I take us back to that second chart that Thanksgiving. I’ve talked to a couple have a small business. she shared with us earlier this evening of those people that are on that blue Many small business people tell me, and the measurement or the depiction line way up there, and they’re willing as an idea came to mind, they now of real average after-tax income. to pay a little more for fairness. But I wanted to turn that into a product. Now, you talk about the unfairness also have heard from some who say, They’re small business owners. They’re out there or the inability to go forward well, we can’t do anything until you the engine. They’re connected to the and tax fairly. When you look at that control Medicare. And what do they community. They’re tethered to the graphic, to see the injustice that’s dis- recommend in Medicare? They rec- small community. played just in simple line graph for- ommend extending the age from 65 to Mr. GARAMENDI. Can I interrupt for mat, that flatlining of America’s mid- 67. And I’m going, What sense does that just a second? dle class from 1979 forward, that make? The American Jobs Act, which we’re flatlining contrasted with that steep When you consider that Medicare was trying to push through this Congress to climb upward for those in the upper in- started in 1964, 51 percent of those men get men and women back to work, pro- come brackets tells us the whole story. and women over 65 had no health insur- vides a tax reduction for the employer And people have said across this ance. Today, virtually everyone over 65 on wages less than $50 million. So for country, when I go home to the dis- has . It’s Medicare. It your childcare provider, for the small trict, people say to me that they’re is one of the solid bedrock programs business person, the carpenter out concerned, they’re upset. They’ve been that keeps people—seniors—from fall- there in the small business, they also taught, rightfully so, they’ve learned ing into poverty. get a 50 percent reduction in their pay- along the way that if you play fair, you Back in 1964, 30 percent of the seniors roll tax. So instead of 6.2, it goes to 3.1. roll up your sleeves and you abide by were in poverty. Without Medicare, So this isn’t just for the wage earner. the rules that you should be able to they would be in poverty again today. This is also for the business person. have within your grasp that American And yet our Republican colleagues Mr. TONKO. Exactly. Dream. The American Dream, one that want to terminate Medicare, literally Mr. GARAMENDI. So why don’t they allows for working families to climb turn Medicare over to the private in- support this?

VerDate Mar 15 2010 03:33 Dec 07, 2011 Jkt 019060 PO 00000 Frm 00047 Fmt 7634 Sfmt 0634 E:\CR\FM\K06DE7.094 H06DEPT1 jbell on DSK7SPTVN1PROD with HOUSE H8184 CONGRESSIONAL RECORD — HOUSE December 6, 2011 Mr. TONKO. You know, this is a which our Republicans like to call Ms. KAPTUR. I was just going to say, statement of underpinning of support ObamaCare. Hey guys, it’s working. very quickly, that sounds to me very for middle class, for working families, It’s working. life-giving, Congressman GARAMENDI. It for small business. It’s the engine You just talked about spendable in- doesn’t sound like there are death pan- that’s making it happen. come. Let’s see here: 2.65 million sen- els. It doesn’t sound anything like iors, because of the Affordable Care some of the opponents were saying b 1850 Act, had an average of $569 additional when that bill was first passed. In fact, Small business, the investment we in their pocket as a result of the dis- seniors have a greater chance to live can make, not only the tax cut we can count drug benefit program. Wow. It now because they can get the medicine provide here, but the investments that was incredible. It actually, the 50 per- they need and they can get the check- are required for the ideas to move cent discount on brand name drugs, ups they need, and to me, that’s very along. We’re in a challenging time. saved $1.5 billion for 2,650,000 seniors. life-affirming. I just wanted to put that We’re there competing in a global Saved $1.5 billion, an average of $569 on the record. economy. We invest in the intellectual per senior. Mr. GARAMENDI. We also know that capacity of this Nation, and how fool- It’s working. It’s working. And also, there are—I don’t know the exact num- ish of us not to take that investment, very interesting, these kinds of statis- ber—I think it’s about 20-some million that product of that investment and tics come across, and normally we ig- young men and women, age 21 to 26, are put it into working order. That’s what nore them. But the annual wellness now back on to health insurance, their we’re asking for here. program, 1,931,927 seniors were able to parents health insurance as a result of Give small business the tools, give take advantage of the annual wellness this law. We’ll pick up that statistic as working class families the opportunity, program that is in the Affordable Care soon as I get my hands on it, but I and we will have a comeback story Act; 24,175,608 seniors took advantage think that’s the number, over 20 mil- that is glorious, and we should be filled of the free service program in the Af- lion. with optimism if we do the things that fordable Care Act. Mr. TONKO. So many of these pro- are so logical, and that polls across So when folks are out there and grams, including the longstanding America, individual polls from all sec- they’re putting down ObamaCare, be Medicare program, are looked at some- tors, all angles, all different groups careful. It’s not a negative. It’s a very, times in dollars and cents and argued that measure, they’re saying this is very strong positive. about how they’re improved or not im- what America wants. And how come And you’ll like this one, Ms. KAPTUR. proved. But sometimes lost in the they can’t get it delivered by their gov- Hang on a second. Ohio. One million, whole discussion is the value added, ernment? let’s see here, 1,864,243 seniors took ad- the whole underpinning of support that They’re speaking to us loud and clear vantage of the affordable care and is offered the senior community. through their opinion surveys. We 50,178 seniors in Ohio took advantage of Prior to the inception of Medicare in want this progressive schedule. We the discount, the drug discount. It’s 1965, families that retired were prob- want this agenda. Make it happen. working. That’s exciting. ably going to see their economic well- We’re trying here as the Democratic This is legislation that we passed being dip precipitously. And what they Caucus in the House of Representa- that’s actually helping the seniors and had here, with the Medicare Founda- the economy by putting money back in tives, Representative KAPTUR, to make tion, was that their economic stability, their pockets, rather than in the pock- it happen, and I think we can if we put their dignity factor, was addressed in ets of the pharmaceutical companies. tremendously strong and powerful our minds to working together in a Ms. KAPTUR. If I could say, Con- very, very bipartisan, bicameral way, ways so that they were able to move gressman GARAMENDI, with those sen- executive branch working with the leg- forward in those retirement years with iors, I know the first place they’re that sense of dignity, with the quality islative branch, vice versa, and making going to spend those extra dollars, a progressive agenda happen. of life, with economic stability. after they pay for food, will be on their These are facts that need to be main- Ms. KAPTUR. If the gentleman grandchildren. And all I hope is that would just yield, I’d like to add that I tained in the front of any discussion; they don’t buy Chinese toys this that to undo Medicare would be a trag- agree with you completely. Every Christmas. I hope they find a way to small business that I walk into tells edy for American families, for our sen- buy little outfits that are made at your iors. And certainly, let’s go forward, as me, MARCY, bring me customers. Cus- local craft fair, or they find ways to we have said, with optimism. Let’s in- tomers are a function of having spend- find candy that’s made by a local firm, able income. vest in Medicare. Let’s invest in Social they find ways to spend those dollars Security, and let’s invest in an eco- There are no more important deci- wisely, because if we do that, if we sions we could make as a country, nomic recovery where we cut where we spend every dollar as wisely as we can, can, belt tighten, but invest where we right now, as we finish the month of we really lift the economy of this coun- must so we can compete effectively. December, than to make sure that mid- try, and we put those dollars back into And to my colleagues on the floor dle class families have spendable in- businesses that actually are con- here tonight, Representative KAPTUR, come by not raising their taxes; middle ducting business on our shores. Representative GARAMENDI, I join with class families, who’ve been holding the Mr. GARAMENDI. Excuse me for get- you in being a powerful voice in pro- line here without real additional spend- ting back into this, but Mr. TONKO gave moting optimism as we go forward, and ing power over the last decade, and to me that look that says what about New wanting to have progressive change. make sure that we extend unemploy- York? 1,410,533 New York seniors were Mr. GARAMENDI. I thank you so ment benefits to those who’ve earned able to get free medical services, and very much. those benefits because that has the 127,691 were able to take advantage of MARCY KAPTUR, thank you for grab- maximum bang inside the economy the 50 percent drug discount. Good for bing the microphone early on. I was when people spend those dollars on ba- you. You voted for that act. I voted for down with that Christmas tree and the sics, on essentials. that act, and I didn’t even talk about lighting ceremony from California. I Those are two practical decisions California. Should I? got here just in time to pick up a cou- from an economic standpoint no ra- Mr. TONKO. You should share it for ple of these issues. tional human being would disagree your home State. We know we can put men and women with. And they contribute to economic Mr. GARAMENDI. Yes. 1,962,809 sen- back to work. We have the tools. The growth. They contribute to keeping us iors in California were able to get free question is whether this House has the on an upward path as we move forward medical services and 139,396 were able will to do so and not increase our def- here in our country after coming out of to take advantage of the 50 percent icit. We can actually do this and not this deep, deep, deep recession. drug discount. $569 average savings for increase the deficit, take people that Mr. GARAMENDI. If I might, Ms. seniors. It’s working. The Affordable are not paying taxes now, put them KAPTUR, a fascinating piece of informa- Care program is working for seniors, back to work. tion came across my desk today, and it and it’s putting money back into our The Affordable Care Act is working. had to do with the Affordable Care Act, economy to grow this economy. And we know that we can continue the

VerDate Mar 15 2010 03:33 Dec 07, 2011 Jkt 019060 PO 00000 Frm 00048 Fmt 7634 Sfmt 0634 E:\CR\FM\K06DE7.095 H06DEPT1 jbell on DSK7SPTVN1PROD with HOUSE December 6, 2011 CONGRESSIONAL RECORD — HOUSE H8185 unemployment benefits, and there’s a morrow, Wednesday, December 7, 2011, 4155. A letter from the Program Analyst, way of paying for it. You show it there at 10 a.m. for morning-hour debate. Department of Transportation, transmitting the Department’s final rule — Removal of on that. The super wealthy, it’s time f for them to pick up their fair share. Class D Airspace; Willow Grove, PA [Docket Thank you so very much for this EXECUTIVE COMMUNICATIONS, No.: FAA-2011-0355; Airspace Docket No. 11- AEA-8] received November 21, 2011, pursuant wonderful evening and telling the story ETC. Under clause 2 of rule XIV, executive to 5 U.S.C. 801(a)(1)(A); to the Committee on of the prosperous America that we can Transportation and Infrastructure. have once again. This is America. This communications were taken from the Speaker’s table and referred as follows: 4156. A letter from the Program Analyst, is a great country. We have within our Department of Transportation, transmitting 4146. A letter from the Assistant to the power to get back on our feet and to the Department’s final rule — Amendment of Board, Board of Governors of the Federal Re- charge forward, and we really appre- Class E Airspace; Mobridge, SD [Docket No.: serve System, transmitting the System’s ciate all that you’re doing to make FAA-2011-0134; Airspace Docket No. 11-AGL- that happen in the great Midwest and final rule — Resolution Plans Required (RIN: 3064-AD77) received November 15, 2011, pursu- 3] received November 21, 2011, pursuant to 5 in New York and in Houston. ant to 5 U.S.C. 801(a)(1)(A); to the Committee U.S.C. 801(a)(1)(A); to the Committee on Ms. KAPTUR. I really have enjoyed on Financial Services. Transportation and Infrastructure. sharing this hour with Congressman 4147. A letter from the Assistant to the 4157. A letter from the Program Analyst, TONKO of New York and Congressman Board, Board of Governors of the Federal Re- Department of Transportation, transmitting GARAMENDI of California, speaking out serve System, transmitting the System’s the Department’s final rule — Amendment of for 100 percent—the 99 percent that are final rule — Regulations G, O, W, BB, LL, Class E Airspace; El Dorado, KS [Docket No.: often forgotten, the 1 percent that we MM, Rules regarding availability of informa- FAA-2011-0231; Airspace Docket No. 11-ACE- tion, Rules of Procedure, Rules of Practice 4] received November 21, 2011, pursuant to 5 don’t forget but know that your patri- for hearings, and Post-employment restric- otism really will come to shine in this U.S.C. 801(a)(1)(A); to the Committee on tions for senior examiners [Docket No.: R- Transportation and Infrastructure. holiday season—and to urge our col- 1429] (RIN No.: 7100 AD-80) received Novem- 4158. A letter from the Regulatory Ombuds- leagues in the House and Senate to do ber 15, 2011, pursuant to 5 U.S.C. 801(a)(1)(A); what’s right, to make the decisions on to the Committee on Financial Services. man, Department of Transportation, trans- mitting the Department’s final rule — Com- extending the payroll tax holiday for 4148. A letter from the General Counsel, National Credit Union Administration, mercial Driver’s License Information Sys- the middle class, making sure we ex- tem State Procedures Manual, Release 5.2.0 tend unemployment benefits which are transmitting the Administration’s final rule — Remittance Transfers (RIN: 3133-AD94) re- [Docket No.: FMCSA-2011-0039] (RIN: 2126- earned benefits, and that we stand up ceived November 15, 2011, pursuant to 5 AB33) received November 10, 2011, pursuant for all of America because we’re all in U.S.C. 801(a)(1)(A); to the Committee on Fi- to 5 U.S.C. 801(a)(1)(A); to the Committee on this together. nancial Services. Transportation and Infrastructure. I thank my colleagues very much, 4149. A letter from the Assistant Secretary 4159. A letter from the Deputy Assistant the listening audience, and those who for Export Administration, Department of General Counsel for the Office of Aviation are out there helping us to move the Commerce, transmitting the Department’s Enforcement and Proceedings, Department ship of state in a direction so that we final rule — Addition of Certain Persons to of Transportation, transmitting the Depart- the Entity List; and Implementation of Enti- ment’s final rule — Enhancing Airline Pas- create jobs in this country and we keep ty List Annual Review Changes [Docket No.: this economy on an upward roll. senger Protections: Limited Delay of Effec- 110930606-1640-01] (RIN: 0694-AF40) received tive Date for Certain Provisions [Docket No.: Mr. GARAMENDI. It’s for the 99 per- November 18, 2011, pursuant to 5 U.S.C. cent. DOT-OST-2010-0140] (RIN: 2105-AD92) received 801(a)(1)(A); to the Committee on Foreign Af- November 10, 2011, pursuant to 5 U.S.C. Ms. KAPTUR. For the 99 percent as fairs. 801(a)(1)(A); to the Committee on Transpor- 4150. A letter from the Chief Acquisition well. tation and Infrastructure. Mr. GARAMENDI. And 100 percent of Officer, General Services Administration, Americans moving forward. transmitting the Administration’s final rule 4160. A letter from the Program Analyst, Ms. KAPTUR. That is right. — Federal Acquisition Regulation; Small Department of Transportation, transmitting Mr. Speaker, I yield back the balance Disadvantaged Business Self-Certification the Department’s final rule — Airworthiness of my time. [FAC 2005-54; FAR Case 2009-019; Item III; Directives; The Boeing Company Model 767 Docket 2010-0108; Sequence 1] (RIN: 9000- Airplanes [Docket No.: FAA-2010-0033; Direc- f AL77) received November 4, 2011, pursuant to torate Identifier 2009-NM-099-AD; Amend- 5 U.S.C. 801(a)(1)(A); to the Committee on ment 39-16737; AD 2011-14-02] (RIN: 2120-AA64) Oversight and Government Reform. By unanimous consent, leave of ab- received November 3, 2011, pursuant to 5 4151. A letter from the Chief Acquisition U.S.C. 801(a)(1)(A); to the Committee on sence was granted to: Officer, General Services Administration, Transportation and Infrastructure. Mr. MARINO (at the request of Mr. transmitting the Administration’s final rule 4161. A letter from the Program Analyst, CANTOR) for today on account of a fam- — Federal Acquisition Regulation; Notifica- tion of Employee Rights Under the National Department of Transportation, transmitting ily medical emergency. the Department’s final rule — Airworthiness Mr. YOUNG of Florida (at the request Labor Relations Act [FAC 2005-54; FAR Case 2010-006; Item I; Docket 2010-0106; Sequence 1] Directives; Airbus Model A330 B2-1C, A300 of Mr. CANTOR) for today and December B2-203, A300 B2K-3C, A300-B4-103, A300 B4-203, 7 on account of official business. (RIN: 9000-AL76) received November 4, 2011, pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- and A300 B4-2C Airplanes [Docket No.: FAA- f mittee on Oversight and Government Re- 2011-0000; Directorate Identifier 2007-NM-189- ENROLLED BILL SIGNED form. AD; Amendment 39-16769; AD 2011-17-05] (RIN: 4152. A letter from the Chief, Border Secu- 2120-AA64) received November 3, 2011, pursu- Karen L. Haas, Clerk of the House, rity Regulations Branch, Department of ant to 5 U.S.C. 801(a)(1)(A); to the Committee reported and found truly enrolled a bill Homeland Security, transmitting the De- on Transportation and Infrastructure. of the House of the following title, partment’s final rule — Civil Monetary Pen- 4162. A letter from the Program Analyst, which was thereupon signed by the alties Inflation Adjustment [CBP Dec. No. Department of Transportation, transmitting Speaker: 11-23] (RIN: 1651-AA91) received November 21, the Department’s final rule — Airworthiness H.R. 2192. An act to exempt for an addi- 2011, pursuant to 5 U.S.C. 801(a)(1)(A); to the Directives; Aviointeriors S.p.a. Passenger tional 4-year period, from the application of Committee on the Judiciary. Seat 12M Series, Installed on but not Lim- the means-test presumption of abuse under 4153. A letter from the Program Analyst, ited to ATR Model ATR42 Airplanes and chapter 7, qualifying members of reserve Department of Transportation, transmitting Model ATR72 Airplanes [Docket No.: FAA- the Department’s final rule — Amendment of components of the Armed Forces and mem- 2011-1000; Directorate Identifier 2011-NM-048- Class D Airspace; Denton, TX [Docket No.: bers of the National Guard who, after Sep- AD; Amendment 39-16828; AD 2011-21-05] (RIN: FAA-2010-1327; Airspace Docket No. 10-ASW- tember 11, 2001, are called to active duty or 2120-AA64) received November 3, 2011, pursu- 19] received November 21, 2011, pursuant to 5 to perform a homeland defense activity for ant to 5 U.S.C. 801(a)(1)(A); to the Committee U.S.C. 801(a)(1)(A); to the Committee on not less than 90 days. on Transportation and Infrastructure. Transportation and Infrastructure. f 4154. A letter from the Program Analyst, 4163. A letter from the Program Analyst, ADJOURNMENT Department of Transportation, transmitting Department of Transportation, transmitting the Department’s final rule — Amendment of the Department’s final rule — Airworthiness Mr. TONKO. Mr. Speaker, I move Class E Airspace; Harrisonville, MO [Docket Directives; Airbus Model A330-243F Airplanes that the House do now adjourn. No.: FAA-2011-0251; Airspace Docket No. 11- Equipped with Rolls Royce Trent 700 Series The motion was agreed to; accord- ACE-5] received November 21, 2011, pursuant Engines [Docket No.: FAA-2011-0999; Direc- ingly (at 7 p.m.), under its previous to 5 U.S.C. 801(a)(1)(A); to the Committee on torate Identifier 2010-NM-235-AD; Amend- order, the House adjourned until to- Transportation and Infrastructure. ment 39-16825; AD 2011-21-02] (RIN: 2120-AA64)

VerDate Mar 15 2010 04:31 Dec 07, 2011 Jkt 019060 PO 00000 Frm 00049 Fmt 7634 Sfmt 0634 E:\CR\FM\K06DE7.097 H06DEPT1 jbell on DSK7SPTVN1PROD with HOUSE H8186 CONGRESSIONAL RECORD — HOUSE December 6, 2011 received November 3, 2011, pursuant to 5 4172. A letter from the Program Analyst, for residents of public housing to engage in U.S.C. 801(a)(1)(A); to the Committee on Department of Transportation, transmitting community service and to complete eco- Transportation and Infrastructure. the Department’s final rule — Airworthiness nomic self-sufficiency programs; to the Com- 4164. A letter from the Program Analyst, Directives; Cessna Aircraft Company Air- mittee on Financial Services. Department of Transportation, transmitting planes [Docket No.: FAA-2011-1161; Direc- By Mr. FLORES: the Department’s final rule — Airworthiness torate Identifier 2011-CE-036-AD; Amendment H.R. 3565. A bill to reduce the salaries of Directives; Diamond Aircraft Industries 39-16850; AD 2011-21-51] (RIN: 2120-AA64) re- Members of Congress if a Federal budget def- GmbH Airplanes with Supplemental Type ceived November 21, 2011, pursuant to 5 icit exists, prohibit commodities and securi- Certificate (STC) SA03674AT [Docket No.: U.S.C. 801(a)(1)(A); to the Committee on ties trading based on non-public information FAA-2011-0687; Directorate Identifier 2011- Transportation and Infrastructure. relating to Congress, and for other purposes; CE-017-AD; Amendment 39-16833; AD 2011-21- 4173. A letter from the Program Analyst, to the Committee on House Administration, 10] (RIN: 2120-AA64) received November 3, Department of Transportation, transmitting and in addition to the Committees on Over- 2011, pursuant to 5 U.S.C. 801(a)(1)(A); to the the Department’s final rule — Airworthiness sight and Government Reform, Agriculture, Committee on Transportation and Infra- Directives; Dowty Propellers Type R212/4-30- Rules, and Financial Services, for a period to structure. 4/22 and R251/4-30-4/49 Propeller Assemblies be subsequently determined by the Speaker, 4165. A letter from the Program Analyst, [Docket No.: FAA-2011-0735; Directorate in each case for consideration of such provi- Department of Transportation, transmitting Identifier 2011-NE-01-AD; Amendment 39- sions as fall within the jurisdiction of the the Department’s final rule — Airworthiness 16807; AD 2011-19-02] (RIN: 2120-AA64) received committee concerned. Directives; BAE SYSTEMS (Operations) November 21, 2011, pursuant to 5 U.S.C. By Mr. TOWNS (for himself and Mr. Limited Model 4101 Airplanes [Docket No.: 801(a)(1)(A); to the Committee on Transpor- GUTIERREZ): FAA-2011-0306; Directorate Identifier 2010- tation and Infrastructure. H.R. 3566. A bill to ensure uniformity and NM-176-AD; Amendment 39-16829; AD 2011-21- 4174. A letter from the Chief, Publications fairness in deficiency judgments arising from 06] (RIN: 2120-AA64) received November 21, and Regulations, Internal Revenue Service, foreclosures on mortgages for single family 2011, pursuant to 5 U.S.C. 801(a)(1)(A); to the transmitting the Service’s final rule — 2012 homes; to the Committee on the Judiciary. Committee on Transportation and Infra- Section 1274A CPI Adjustments (Rev. Rul. By Mr. BOUSTANY: structure. 2011-27) received November 18, 2011, pursuant H.R. 3567. A bill to amend title IV of the 4166. A letter from the Program Analyst, to 5 U.S.C. 801(a)(1)(A); to the Committee on Social Security Act to require States to im- Department of Transportation, transmitting Ways and Means. plement policies to prevent assistance under the Department’s final rule — Airworthiness 4175. A letter from the Chief, Publications the Temporary Assistance for Needy Fami- and Regulations, Internal Revenue Service, Directives; Empresa Brasileira de lies (TANF) program from being used in strip transmitting the Service’s final rule — Cor- Aeronautica S.A. (EMBRAER) Airplanes clubs, casinos, and liquor stores; to the Com- porate Reorganizations; Allocation of Basis [Docket No.: FAA-2011-0312; Directorate mittee on Ways and Means. in ‘‘All Cash D’’ Reorganizations [TD 9558] Identifier 2010-NM-159-AD; Amendment 39- By Mr. KILDEE (for himself and Ms. (RIN: 1545-BJ21) received November 21, 2011, 16838; AD 2011-21-15] (RIN: 2120-AA64) received MCCOLLUM): pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- November 21, 2011, pursuant to 5 U.S.C. H.R. 3568. A bill to improve Indian edu- mittee on Ways and Means. 801(a)(1)(A); to the Committee on Transpor- cation, and for other purposes; to the Com- tation and Infrastructure. f mittee on Education and the Workforce, and 4167. A letter from the Program Analyst, REPORTS OF COMMITTEES ON in addition to the Committees on Ways and Department of Transportation, transmitting PUBLIC BILLS AND RESOLUTIONS Means, and Agriculture, for a period to be the Department’s final rule — Airworthiness subsequently determined by the Speaker, in Directives; Diamond Aircraft Industries Under clause 2 of rule XIII, reports of each case for consideration of such provi- Powered Sailplanes [Docket No.: FAA-2011- committees were delivered to the Clerk sions as fall within the jurisdiction of the 0811; Directorate Identifier 2011-CE-026-AD; for printing and reference to the proper committee concerned. Amendment 39-16839; AD 2011-21-16] (RIN: calendar, as follows: By Mr. BACA: 2120-AA64) received November 21, 2011, pursu- H.R. 3569. A bill to improve Indian edu- Mr. ISSA: Committee on Oversight and ant to 5 U.S.C. 801(a)(1)(A); to the Committee cation, and for other purposes; to the Com- Government Reform. H.R. 3237. A bill to on Transportation and Infrastructure. mittee on Education and the Workforce, and amend the SOAR Act by clarifying the scope 4168. A letter from the Program Analyst, in addition to the Committees on Ways and of coverage of the Act; with an amendment Department of Transportation, transmitting Means, and Agriculture, for a period to be (Rept. 112–315). Referred to the Committee of the Department’s final rule — Airworthiness subsequently determined by the Speaker, in the Whole House on the state of the Union. Directives; Airbus Airplanes [Docket No.: Mr. UPTON: Committee on Energy and each case for consideration of such provi- FAA-2011-0264; Directorate Identifier 2009- Commerce. H.R. 1633. A bill to establish a sions as fall within the jurisdiction of the NM-244-AD; Amendment 39-16837; AD 2011-21- temporary prohibition against revising any committee concerned. 14] (RIN: 2120-AA64) received November 21, national ambient air quality standard appli- By Mrs. CAPPS (for herself, Ms. WOOL- 2011, pursuant to 5 U.S.C. 801(a)(1)(A); to the cable to coarse particulate matter, to limit SEY, Ms. PINGREE of Maine, and Mr. Committee on Transportation and Infra- Federal regulation of nuisance dust in areas KEATING): structure. in which such dust is regulated under State, H.R. 3570. A bill to promote ocean and 4169. A letter from the Program Analyst, tribal, or local law, and for other purposes; human health and for other purposes; to the Department of Transportation, transmitting with an amendment (Rept. 112–316). Referred Committee on Science, Space, and Tech- the Department’s final rule — Airworthiness to the Committee of the Whole House on the nology, and in addition to the Committee on Directives; Siema Aero Seat Passenger Seat state of the Union. Energy and Commerce, for a period to be Assemblies Installed on Various Transport subsequently determined by the Speaker, in Category Airplanes [Docket No.: FAA-2010- f each case for consideration of such provi- 0040; Directorate Identifier 2008-NM-203-AD; PUBLIC BILLS AND RESOLUTIONS sions as fall within the jurisdiction of the Amendment 39-16831; AD 2011-21-08] (RIN: committee concerned. 2120-AA64) received November 21, 2011, pursu- Under clause 2 of rule XII, public By Ms. CHU: ant to 5 U.S.C. 801(a)(1)(A); to the Committee bills and resolutions of the following H.R. 3571. A bill to direct the Commis- on Transportation and Infrastructure. titles were introduced and severally re- sioner of Internal Revenue to establish a 4170. A letter from the Program Analyst, ferred, as follows: self-employment tax initiative grant pro- Department of Transportation, transmitting By Mr. BILIRAKIS (for himself and Ms. gram, and for other purposes; to the Com- the Department’s final rule — Airworthiness RICHARDSON): mittee on Ways and Means, and in addition Directives; Airbus Model A330 B4-103, B4-203, H.R. 3563. A bill to amend the Homeland to the Committee on Financial Services, for and B4-2C Airplanes [Docket No.: FAA-2011- Security Act of 2002 to direct the Secretary a period to be subsequently determined by 0478; Directorate Identifier 2010-NM-138-AD; of Homeland Security to modernize and im- the Speaker, in each case for consideration Amendment 39-16832; AD 2011-21-09] (RIN: plement the national integrated public alert of such provisions as fall within the jurisdic- 2120-AA64) received November 21, 2011, pursu- and warning system to disseminate home- tion of the committee concerned. ant to 5 U.S.C. 801(a)(1)(A); to the Committee land security information and other informa- By Mr. CONNOLLY of Virginia: on Transportation and Infrastructure. tion, and for other purposes; to the Com- H.R. 3572. A bill to permit the televising of 4171. A letter from the Program Analyst, mittee on Homeland Security, and in addi- Supreme Court proceedings; to the Com- Department of Transportation, transmitting tion to the Committee on Transportation mittee on the Judiciary. the Department’s final rule — Airworthiness and Infrastructure, for a period to be subse- By Ms. MOORE (for herself, Mrs. Directives; Bombardier, Inc. Airplanes quently determined by the Speaker, in each CHRISTENSEN, Mr. CLEAVER, Mr. CON- [Docket No.: FAA-2011-0564; Directorate case for consideration of such provisions as YERS, Mr. DAVIS of Illinois, Mr. JACK- Identifier 2011-NM-021-AD; Amendment 39- fall within the jurisdiction of the committee SON of Illinois, Ms. NORTON, Mr. 16830; AD 2011-21-07] (RIN: 2120-AA64) received concerned. STARK, Mr. THOMPSON of Mississippi, November 21, 2011, pursuant to 5 U.S.C. By Mr. RANGEL: Mr. TOWNS, and Ms. WATERS): 801(a)(1)(A); to the Committee on Transpor- H.R. 3564. A bill to repeal the requirements H.R. 3573. A bill to reauthorize and amend tation and Infrastructure. under the United States Housing Act of 1937 the program of block grants to States for

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temporary assistance for needy families and of law; nor deny to any person within its ju- H.R. 376: Mr. TOWNS and Mr. HANNA. related programs; to the Committee on Ways risdiction the equal protection of the laws. H.R. 389: Mr. POSEY. and Means, and in addition to the Committee ****. H.R. 452: Mr. NUGENT, Mr. GIBBS, and Mr. on Oversight and Government Reform, for a By Mr. FLORES: COURTNEY. period to be subsequently determined by the H.R. 3565. H.R. 459: Mr. PAULSEN. Speaker, in each case for consideration of Congress has the power to enact this legis- H.R. 507: Mr. DOLD and Ms. CASTOR of Flor- such provisions as fall within the jurisdic- lation pursuant to the following: ida. tion of the committee concerned. Article 1, Section 6; and Article 1, Section H.R. 721: Mrs. ELLMERS, Mr. MEEHAN, Mr. By Mr. REED (for himself, Mr. GIBSON, 8 RIBBLE, Mr. DIAZ-BALART, Mr. FITZPATRICK, Mr. HIGGINS, Mr. HANNA, Ms. SLAUGH- By Mr. TOWNS: Mr. BERMAN, Mr. GARDNER, and Mr. OLSON. TER, Mr. KING of New York, Mr. H.R. 3566. H.R. 835: Mr. MURPHY of Connecticut and GRIMM, Mr. HINCHEY, Ms. BUERKLE, Congress has the power to enact this legis- Mr. PALLONE. Mr. TONKO, Mr. OWENS, Ms. HOCHUL, lation pursuant to the following: H.R. 860: Mr. DUFFY, Mr. FLAKE, Mr. KIND, Mr. ENGEL, and Mr. ALTMIRE): This Bill is enacted pursuant to Article I, Mr. CLARKE of Michigan, Mr. SCOTT of Vir- H.R. 3574. A bill to revise the formula for Section 8, Clause 3 of the United States Con- ginia, Ms. HAHN, Mr. PITTS, Mr. CARSON of allocating funding to States under the Low- stitution. This provision grants Congress the Indiana, Mr. RIBBLE, Mr. WOMACK, Mr. ALT- Income Home Energy Assistance Act of 1981; power to regulate Commerce with foreign MIRE, Mr. RIVERA, Mr. LUJA´ N, and Mr. to the Committee on Energy and Commerce, Nations, and among the several States and THOMPSON of California. and in addition to the Committee on Edu- with the Indian Tribes. H.R. 873: Mr. NADLER. cation and the Workforce, for a period to be By Mr. BOUSTANY: H.R. 998: Ms. HAHN and Mr. DINGELL. subsequently determined by the Speaker, in H.R. 3567. H.R. 1148: Mr. COSTA, Ms. SCHAKOWSKY, Ms. each case for consideration of such provi- Congress has the power to enact this legis- HAHN, Mr. LEWIS of Georgia, Mr. ALEXANDER, sions as fall within the jurisdiction of the lation pursuant to the following: Ms. RICHARDSON, Mr. OLVER, Mr. MURPHY of committee concerned. Article I, Section 8, Clause 1 of the United Connecticut, Mr. CAPUANO, Mr. CUELLAR, Mr. By Mr. ELLISON: States Constitution, to ‘‘provide for the com- RANGEL, Mr. SMITH of New Jersey, Mr. H.J. Res. 92. A joint resolution proposing mon Defence and general Welfare of the WELCH, Mr. FORTENBERRY, Ms. WATERS, Ms. an amendment to the Constitution of the United States.’’ DELAURO, Mr. HINOJOSA, Mr. ROTHMAN of United States relating to the authority of By Mr. KILDEE: New Jersey, Mr. POSEY, Mr. FRELINGHUYSEN, Congress and the States to regulate the dis- H.R. 3568. Mr. COBLE, Mr. WITTMAN, Mr. AL GREEN of bursement of funds for political activity by Congress has the power to enact this legis- Texas, Mr. GEORGE MILLER of California, Mr. for-profit corporations and other for-profit lation pursuant to the following: FLAKE, Mr. PLATTS, and Mr. CARTER. business organizations; to the Committee on Article 1, Section 8: The Congress shall H.R. 1159: Mr. BURTON of Indiana. H.R. 1171: Mr. WAXMAN, Mr. BILBRAY, and the Judiciary. have Power To lay and collect Taxes, Duties, Mr. STARK. By Ms. LORETTA SANCHEZ of Cali- Imposts and Excises, to pay the Debts and H.R. 1179: Mr. BARLETTA. fornia: provide for the common Defense and general H.R. 1191: Mr. PAUL. H. Res. 484. A resolution calling on the Welfare of the United States; but all Duties, H.R. 1206: Mr. OLSON. Government of the Socialist Republic of Imposts and Excises shall be uniform H.R. 1221: Mr. NUNNELEE. Vietnam to respect basic human rights and throughout the United States. By Mr. BACA: H.R. 1350: Mr. JOHNSON of Georgia. cease abusing vague national security provi- H.R. 1370: Mrs. LUMMIS and Mr. BARLETTA. sions such as articles 79 and 88 of the Viet- H.R. 3569. Congress has the power to enact this legis- H.R. 1386: Ms. HAHN, Mr. DIAZ-BALART, Mr. namese penal code which are often the pre- KEATING, Ms. MATSUI, and Mr. HASTINGS of text to arrest and detain citizens who peace- lation pursuant to the following: Article I, Section 8, Clause 3. Florida. fully advocate for religious and political H.R. 1477: Mr. DEUTCH. freedom; to the Committee on Foreign Af- By Mrs. CAPPS: H.R. 3570. H.R. 1505: Mr. MCCAUL. fairs. H.R. 1579: Mr. RYAN of Ohio. Congress has the power to enact this legis- H.R. 1581: Mrs. ADAMS. f lation pursuant to the following: H.R. 1633: Mr. PENCE. Article I, Section 8, Clause 1 H.R. 1639: Mr. ALTMIRE and Mr. ROTHMAN of By Ms. CHU: CONSTITUTIONAL AUTHORITY New Jersey. H.R. 3571. STATEMENT H.R. 1648: Ms. HAHN, Mr. HINOJOSA, Mrs. Congress has the power to enact this legis- LOWEY, Mr. FARR, Mr. GUTIERREZ, and Ms. Pursuant to clause 7 of rule XII of lation pursuant to the following: EDDIE BERNICE JOHNSON of Texas. the Rules of the House of Representa- Pursuant to Article I, Section 8, Clause 3 H.R. 1704: Ms. MCCOLLUM, Mr. CARSON of tives, the following statements are sub- of the Constitution of the United States of Indiana, Mr. DOLD, and Mrs. CAPPS. America, the authority to enact this legisla- mitted regarding the specific powers H.R. 1744: Mr. CONAWAY. granted to Congress in the Constitu- tion rests with the Congress. H.R. 1755: Mr. COURTNEY and Mr. PALLONE. tion to enact the accompanying bill or By Mr. CONNOLLY of Virginia: H.R. 1834: Mr. QUAYLE. H.R. 3572. joint resolution. H.R. 1903: Mr. HINOJOSA and Ms. SCHA- Congress has the power to enact this legis- By Mr. BILIRAKIS: KOWSKY. lation pursuant to the following: H.R. 1968: Mr. COURTNEY. H.R. 3563. The ‘‘necessary and proper’’ clause of Arti- Congress has the power to enact this legis- H.R. 2016: Mr. LOEBSACK. cle 1, Section 8 of the United States Con- H.R. 2028: Ms. BASS of California. lation pursuant to the following: stitution. H.R. 2047: Mr. TURNER of New York, Mr. Article I, section 8, clause 1. By Ms. MOORE: FALEOMAVAEGA, Mr. HIGGINS, Mr. MILLER of The Congress shall have Power to lay and H.R. 3573. Florida, and Mr. CHABOT. collect Taxes, Duties, Imposts and Excises, Congress has the power to enact this legis- H.R. 2051: Mr. RANGEL. to pay the Debts and provide for the common lation pursuant to the following: H.R. 2069: Mr. TOWNS. Defence and general Welfare of the United Clauses 1 and 18 of Section 8 of Article I of H.R. 2093: Mr. FILNER and Ms. WOOLSEY. States; but all Duties, Imposts, and Excises the Constitution H.R. 2108: Mr. DEUTCH. shall be uniform throughout the United By Mr. REED: H.R. 2123: Mr. DENT. States. H.R. 3574. H.R. 2144: Mr. CAPUANO. Article I, Section 8, Clause 18 Congress has the power to enact this legis- H.R. 2151: Mr. THOMPSON of Mississippi. The Congress shall have Power to make all lation pursuant to the following: H.R. 2152: Mr. HINOJOSA. Laws which shall be necessary and proper for Article 1, Section 8, Clause 1 H.R. 2159: Mr. BISHOP of New York. carrying into Execution the forgoing Powers, By Mr. ELLISON: H.R. 2194: Mr. DAVID SCOTT of Georgia. and all other Powers vested by this Constitu- H.J. Res. 92. H.R. 2210: Mr. GRIJALVA. tion in the Government of the United States, Congress has the power to enact this legis- H.R. 2304: Mr. WILSON of South Carolina. or in any Department or Officer thereof. lation pursuant to the following: H.R. 2315: Mr. GRIJALVA. By Mr. RANGEL: Article V H.R. 2376: Ms. SLAUGHTER. H.R. 3564. f H.R. 2412: Mrs. LOWEY. Congress has the power to enact this legis- H.R. 2446: Mr. GRIMM. lation pursuant to the following: ADDITIONAL SPONSORS H.R. 2461: Mr. PIERLUISI and Mr. LOEBSACK. Fourteenth Amendment, Section 5 Under clause 7 of rule XII, sponsors H.R. 2485: Mr. ROE of Tennessee. Section 1: No State shall make or enforce H.R. 2489: Mr. DINGELL, Mr. MCGOVERN, Mr. were added to public bills and resolu- any law which shall abridge the privileges or ISRAEL, and Mr. LANCE. immunities of citizens of the United States; tions as follows: H.R. 2499: Mr. SMITH of New Jersey. nor shall any State deprive any person of H.R. 361: Mr. NUNNELEE, Mr. HECK, and Mr. H.R. 2536: Mr. CARSON of Indiana and Ms. life, liberty, or property, without due process POSEY. CASTOR of Florida.

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H.R. 2541: Mr. DENHAM. H.R. 3245: Mr. GARAMENDI and Mr. ROTH- H.R. 3449: Mr. MICHAUD. H.R. 2595: Mr. COHEN. MAN of New Jersey. H.R. 3454: Mrs. HARTZLER. H.R. 2599: Mr. MCNERNEY, Mr. KINZINGER of H.R. 3269: Mr. SULLIVAN, Mr. BENISHEK, Mr. H.R. 3480: Mr. WALSH of Illinois, Ms. JEN- Illinois, and Mr. HASTINGS of Florida. BILBRAY, Mr. POMPEO, Mr. FLORES, and Mr. KINS, and Mrs. ROBY. H.R. 2607: Ms. HAHN. NUNNELEE. H.R. 3483: Mr. JOHNSON of Illinois, Mr. H.R. 2617: Mr. HINOJOSA. H.R. 3334: Ms. MCCOLLUM. TOWNS, and Mr. KISSELL. H.R. 2672: Ms. JENKINS. H.R. 3362: Mr. ISSA. H.R. 3519: Ms. CHU. H.R. 2697: Mr. RANGEL, Mr. KLINE, and Mr. H.R. 3393: Mr. ROSS of Florida and Mr. H.R. 3521: Mr. PAULSEN. YODER. SOUTHERLAND. H.R. 3541: Mr. CRAVAACK, Mr. CANSECO, Mr. H.R. 3394: Mr. HINCHEY. H.R. 2706: Mr. SOUTHERLAND. KELLY, and Mr. KING of Iowa. ROWLEY H.R. 3400: Mr. LAMBORN, Mrs. BLACKBURN, H.R. 2735: Mr. C . H.R. 3548: Mr. COBLE. H.R. 2742: Ms. LEE of California. Mr. ROSS of Florida, Mr. CAMPBELL, and Mr. H.R. 3550: Mr. ROYCE, Mr. LOEBSACK, and H.R. 2746: Mrs. MALONEY, Mr. RANGEL, and POMPEO. Mr. HUIZENGA of Michigan. Mr. POLIS. H.R. 3421: Mr. KIND, Mr. KEATING, Mrs. H.R. 3551: Mr. HUIZENGA of Michigan. H.R. 2751: Ms. SLAUGHTER, Mr. POLIS, Mr. LOWEY, Mr. PASCRELL, Ms. MCCOLLUM, Mr. H.R. 3556: Mr. CONYERS. RUPPERSBERGER, and Mr. JONES. MCHENRY, Mr. PETRI, Mrs. BONO MACK, Mr. H.J. Res. 69: Mr. DENT. H.R. 2866: Mrs. MCCARTHY of New York. LAMBORN, Mr. BILBRAY, Mr. MEEKS, Mr. GIB- H.J. Res. 78: Ms. HIRONO. H.R. 2885: Mr. BASS of New Hampshire and SON, Mr. HERGER, Mr. WAXMAN, Mr. POMPEO, H.J. Res. 88: Mr. DEFAZIO. Mr. DUNCAN of Tennessee. Mr. ALEXANDER, Mr. CAMPBELL, Mr. H. Con. Res. 72: Mr. ANDREWS. H.R. 2898: Mr. LUCAS. CANSECO, Mr. FRANKS of Arizona, Mr. YOUNG H.R. 2918: Mr. HULTGREN and Mr. POE of of Alaska, Mr. RIVERA, Mr. HARPER, Mr. H. Con. Res. 77: Mr. POE of Texas. Texas. BISHOP of Utah, Mr. HALL, Mr. DAVIS of Ken- H. Con. Res. 85: Mr. DEFAZIO and Mr. RUSH. H.R. 2948: Mr. VAN HOLLEN, Mr. MCGOVERN, tucky, Mr. WALBERG, Mr. SMITH of Texas, H. Res. 25: Mr. OWENS. and Mr. BOSWELL. Ms. ROS-LEHTINEN, Mr. OLSON, Mr. MACK, Mr. H. Res. 111: Mr. CARNAHAN, Mr. H.R. 2966: Mr. RUSH, Ms. ESHOO, Ms. DESJARLAIS, Mr. CARTER, Mr. NUNNELEE, SOUTHERLAND, and Mr. LARSON of Con- SLAUGHTER, and Mr. PALLONE. Mrs. MALONEY, Mr. JORDAN, Mr. LEWIS of necticut. H.R. 3000: Mr. HUIZENGA of Michigan. California, Ms. BUERKLE, and Mr. WEBSTER. H. Res. 184: Mr. NUGENT. H.R. 3059: Ms. MCCOLLUM, Mr. BURTON of H.R. 3423: Mr. CALVERT, Mr. MORAN, Mr. H. Res. 282: Mr. DANIEL E. LUNGREN of Cali- Indiana, and Mr. MULVANEY. LYNCH, Ms. BROWN of Florida, Mr. BENISHEK, fornia. H.R. 3061: Mr. TIERNEY and Mr. CRENSHAW. Mr. AKIN, Mr. SMITH of New Jersey, Mr. FOR- H. Res. 460: Mr. RANGEL and Mr. NUGENT. H.R. 3088: Mr. DOGGETT and Ms. SLAUGH- TENBERRY, Mr. SIRES, and Mr. DAVID SCOTT H. Res. 475: Mr. GOODLATTE, Mr. CANSECO, TER. of Georgia. Mrs. ROBY, and Mr. KING of Iowa. H.R. 3151: Ms. CHU. H.R. 3425: Ms. RICHARDSON and Mr. FILNER. H. Res. 480: Mr. FITZPATRICK, Mr. ROYCE, H.R. 3185: Mr. BERG. H.R. 3432: Mr. CONNOLLY of Virginia. Mr. LANKFORD, and Mr. OLSON. H.R. 3192: Mr. LATHAM. H.R. 3441: Mr. LONG. H. Res. 481: Mr. SMITH of Washington.

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