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

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

Vol. 158 WASHINGTON, WEDNESDAY, MARCH 21, 2012 No. 47 House of Representatives The House met at 10 a.m. and was are encouraged to reflect on just how with dirty water compounds the prob- called to order by the Speaker pro tem- fundamental freshwater is to our lems in terms of diarrheal diseases that pore (Mrs. ELLMERS). health, our children’s well-being, and result from that dirty water. f how much we take for granted. We’ve Madam Speaker, since we’ve passed never had to try to work that hard to the Water for the World legislation 7 DESIGNATION OF SPEAKER PRO find drinking water. We don’t have to years ago, where Chairman of the For- TEMPORE choose between drinking dirty water eign Relations Committee Henry Hyde, The SPEAKER pro tempore laid be- and going thirsty. For many of us, Senator REID, and Senator Frist were fore the House the following commu- freshwater is so safe, abundant, it’s my partners, we’ve increased our lead- nication from the Speaker: hard to even imagine life without it. ership globally. We owe a debt of grati- WASHINGTON, DC, But on this World Water Day, we tude to Secretary Clinton, who has March 21, 2012. should reflect that every 20 seconds a made water a cornerstone of her work I hereby appoint the Honorable RENEE L. child dies needlessly from waterborne while at the helm of the State Depart- ELLMERS to act as Speaker pro tempore on disease. Today, and every day, women ment. But we do need to do more; and this day. will spend 200 million hours collecting one simple step, an area where we find JOHN A. BOEHNER, water. This week, 3 million students broad bipartisan support, is the Water Speaker of the House of Representatives. will miss school because they lack ac- for the World Act that is cosponsored f cess to clean water or sanitation. In- with my friend and colleague from MORNING-HOUR DEBATE deed, half the people who are sick Texas (Mr. POE). around the world today are sick need- This legislation strengthens the ca- The SPEAKER pro tempore. Pursu- lessly from waterborne disease. pacity of USAID and the State Depart- ant to the order of the House of Janu- There is a vision, there is a knowl- ment, increases aid effectiveness, ary 17, 2012, the Chair will now recog- edge to do something about it, but, transparency, accountability for sani- nize Members from lists submitted by sadly, we don’t have the resources, and tation water and hygiene, and it has no the majority and minority leaders for we actually don’t have the plan. The net cost, according to the CBO. morning-hour debate. United States does not only have an I strongly urge my colleagues to co- The Chair will alternate recognition obligation to do the right thing and sponsor this legislation and hope that between the parties, with each party save lives, but it’s also in our self-in- we can move it forward in this Con- limited to 1 hour and each Member terest to provide access to safe water. gress, as there has been movement in other than the majority and minority United States security experts testi- the Senate. Millions of lives will be leaders and the minority whip limited fied before this Congress that water transformed. to 5 minutes each, but in no event shall problems will contribute to the insta- f debate continue beyond 11:50 a.m. bility in states important to United JOSEPH KONY AND THE LORD’S f States national security interests. With all the problems the world RESISTANCE ARMY WORLD WATER DAY faces, Congress needs to prioritize pro- The SPEAKER pro tempore. The The SPEAKER pro tempore. The grams that deliver the highest return Chair recognizes the gentlewoman from Chair recognizes the gentleman from on investment with substantial multi- Florida (Ms. ROS-LEHTINEN) for 5 min- Oregon (Mr. BLUMENAUER) for 5 min- plier effects. And when it comes to for- utes. utes. eign assistance, increasing access to Ms. ROS-LEHTINEN. Madam Speak- Mr. BLUMENAUER. Madam Speaker, clean water is perhaps the most effec- er, I would like to begin my remarks for many, tomorrow is just an ordinary tive use of taxpayer dollars. The World by commending all the citizens and Thursday, like any other day. But for Health Organization estimates that up young students in my congressional hundreds of millions of people who lack to $34 is saved for every dollar in- district and, indeed, throughout the access to clean water and billions who vested, saved from health care costs country who have worked so hard to lack access to adequate sanitation, this and resulting in increased economic raise awareness about Joseph Kony and ordinary Thursday is part of the daily productivity. his brutal crimes. As we can see in this struggle. Indeed, it affects other efforts of our poster, there’s Kony, and these are just But this Thursday is World Water aid. We’re involved with trying to a few of the photos of so many inno- Day, where those of us fortunate eradicate diseases like HIV/AIDS and cents who have been mutilated by enough to live in developed countries tuberculosis, but taking the medicine Kony and his thugs.

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.

H1429

VerDate Mar 15 2010 05:47 Mar 22, 2012 Jkt 019060 PO 00000 Frm 00001 Fmt 4634 Sfmt 0634 E:\CR\FM\A21MR7.000 H21MRPT1 jbell on DSK7SPTVN1PROD with HOUSE H1430 CONGRESSIONAL RECORD — HOUSE March 21, 2012 Joseph Kony is a mass murderer, b 1010 moting a national immigration policy whose campaign of violence against in- BRING PEOPLE TOGETHER that makes all Latinos look like sus- nocent civilians spans decades. The pects and all immigrants look like predatory forces doing his bidding are The SPEAKER pro tempore. The criminals. known as the Lord’s Resistance Army, Chair recognizes the gentleman from Mitt Romney has said that Arizona’s or LRA, and they have perpetrated Illinois (Mr. GUTIERREZ) for 5 minutes. anti-immigrant law—a law that essen- some of the worst human rights abuses Mr. GUTIERREZ. Last Thursday, a tially demands racial profiling of any- of our time. different kind of March madness took one who looks like they might be un- Under the direction of Kony, the place in the NCAA basketball tour- documented—is a model for our Nation. LRA has murdered, raped, mutilated, nament. In a game between Kansas But that’s not all Mitt Romney has and abducted tens of thousands of inno- State and Mississippi State, Angel said to American Latinos. He has said cent people, many of whom are chil- Rodriguez, a Puerto Rican point guard all 11 million immigrants, most of dren. They target remote villages, for Kansas State, was met with taunts them Latinos, should self-deport, even butchering civilians, abducting women from Mississippi State students while if they’ve lived here since they were and children to serve as sex slaves and he was getting ready to shoot a free children and have American citizen fighters. Kony’s bloody reach now ex- throw. The taunt: ‘‘Where’s your green families. tends to the Democratic Republic of card?’’ Mitt Romney has even gone as far to the Congo, the Central African Repub- That wasn’t the only March madness. attack the first Latino Supreme Court lic, and the newly formed Republic of Earlier this month in San Antonio, justice. He believes that Justice South Sudan. Texas, a white high school in San An- Sotomayor is unqualified to serve on One measure that we could accom- tonio chanted during the regional bas- the Supreme Court. He’s proud of the plish would be for the U.N. peace- ketball championship trophy presen- support of anti-immigrant extremists, keeping missions in the region to more tation. Their chant: ‘‘USA, USA, including the author of Arizona’s anti- effectively coordinate their actions and USA.’’ Why did they chant USA? Be- immigrant law. He has attacked the share information related to Kony and cause their team had defeated San An- DREAM Act, a perfectly reasonable the LRA, because this is a threat that tonio’s Thomas Edison High School, a bill. And Mitt Romney is hardly a lone crosses many international borders. team of mostly Latino players. voice. It is sad. I’d like to thank my colleague, Con- One U.S. citizen asked to produce his One Member of this House said he gressman ED ROYCE, for introducing a green card, one entire team of Ameri- would be for any measure to stop ille- new bill, H.R. 4077, which I proudly sup- cans taunted as if they were foreigners. gal immigrants ‘‘short of shooting port. H.R. 4077 would authorize the Sec- These young people, subjected to ha- them.’’ Even hanging them? gassing retary of State to use the State De- tred and bigotry, handled it well. them? One other colleague of ours here partment’s Rewards Program to gain Angel Rodriguez ignored the taunts called undocumented immigration a intelligence and strengthen the capac- and played a great game. If he hadn’t slow-rolling, slow-motion terrorist at- ity of those who are actively engaged been busy helping Kansas State win tack on the United States. in fighting transnational organized the game, he might have mentioned to Pat Buchanan wrote a book entitled crime and also apply it to the search everybody that he was from Miami or ‘‘State of Emergency: The Third World for Kony and the LRA. that all Puerto Ricans are citizens of Invasion and Conquest of America.’’ This program has served as a valu- the United States. Folks like Buchanan and Limbaugh able incentive for those with crucial I’m impressed that the kids from regularly use words like ‘‘hordes’’ and information to come forward and help Thomas Edison High School kept their ‘‘swarms’’ to describe immigrants. round up foreign nationals wanted for a cool. They deserve our praise not only Maybe Mitt Romney thinks he’s just range of brutal crimes and activities for being good basketball players, but saying what he needs to say to get the that threaten regional and global secu- just for being great kids. Republican nomination, and maybe rity and stability and U.S. national se- Mississippi State and Alamo Heights some elected officials think their ex- curity interests. It will be an impor- have apologized for the taunts. That’s treme rhetoric doesn’t really carry tant tool in helping bring Kony and his an important step in the right direc- outside the Halls of Congress. But circle of thugs, the Lord’s Resistance tion. That’s not the issue. The issue is America knows better. So does a group Army, to justice. why people think it’s okay to treat of Kansas State basketball players and I’d also like to thank Congressman Latinos as if they are second-rate a group of good kids from San Antonio, JIM MCGOVERN for introducing House Americans, why so many people think Texas. They know that words matter Resolution 583, of which I am also a being Latino means being a suspect in very much. proud cosponsor. Mr. MCGOVERN’s reso- our own country, why they look at a Here’s my advice to the Romneys and lution echoes current law and puts the young man named Rodriguez and think the Buchanans of the world and a few House on record in strong support of he doesn’t belong in this country. It’s of my colleagues here in the House: In- U.S. efforts to counter the Lord’s Re- because misguided kids taunting stead of bullies, why don’t you be lead- sistance Army. It urges the President Latinos is not really the disease. It’s ers? And why don’t you try some words to work closely with Congress to ad- the symptom. that bring people together instead of dress critical gaps in U.S. strategy and The heart of the sickness is more insults that tear our Nation apart. to enhance U.S. support for the re- troubling. The truth is, when it comes f gional measures already there to fight to Latinos and immigrants, far too the Lord’s Resistance Army. many so-called leaders in our Nation A THREAT TO OUR HEALTH CARE As we have seen over the past 25 are starting the taunts. The SPEAKER pro tempore. The years, Kony’s assault on innocent lives On the campaign trail and on talk Chair recognizes the gentleman from has no limits. Now is the time to help radio and on TV, and even here in this Michigan (Mr. WALBERG) for 5 minutes. bring Joseph Kony and his fellow Chamber, there are leaders that act Mr. WALBERG. Madam Speaker, this criminals to justice. As a Nation, let us like the biggest bullies in the school- Friday, March 23, marks the second an- assure that we have done all that we yard. If elected officials have no bound- niversary of President Obama’s health can to end this ongoing tragedy and aries when it comes to scapegoating care law after 2 years. It’s clear the law hold this evil man accountable for all and demonizing immigrants and has already left more victims in its of his crimes. Latinos, then why should young people path than people it was meant to help. I thank all of the young people at a basketball game know any better? And unfortunately, along with the 20 throughout my district who have com- Why does an American, a Puerto Rican million employees who will probably municated through Twitter and citizen basketball player, get taunted lose employer-sponsored health care, it Facebook and different modes of social about a green card? may be our seniors who take the hard- media to express their outrage over It’s easier to understand when you est hit. Kony’s evil deeds; but now, let’s take hear the frontrunner for the Repub- Millions of seniors and disabled action. Let’s pass these bills. lican nomination of President pro- Americans rely on Medicare, yet the

VerDate Mar 15 2010 23:40 Mar 21, 2012 Jkt 019060 PO 00000 Frm 00002 Fmt 4634 Sfmt 0634 E:\CR\FM\K21MR7.003 H21MRPT1 jbell on DSK7SPTVN1PROD with HOUSE March 21, 2012 CONGRESSIONAL RECORD — HOUSE H1431 program is in danger. According to the MONICA PEARSON Women’s Sports Foundation and Miller Lite for Centers for Medicare and Medicaid The SPEAKER pro tempore. The her report. Services, with the baby boomer genera- Chair recognizes the gentleman from Monica has been honored for bringing attention about to retire, if nothing is done Georgia (Mr. DAVID SCOTT) for 5 min- tion to a wide range of issues—from the ‘‘HOT to the program, the program will be utes. FLASH! The Truth about Menopause’’ docu- bankrupt in 10 years. Mr. DAVID SCOTT of Georgia. mentary that won local and national awards in Instead of making Medicare stronger Madam Speaker, ladies and gentlemen 1994 to the ‘‘Prejudice and Hate: Georgians through transparent and responsible of the Congress, Monica Pearson, with and the Holocaust’’ documentary that lead to reform, the President has decided to WSB Television in Atlanta, Georgia, is win the Georgia Commission on the Holo- cut more than $500 billion from the indeed a true pioneer and a trailblazer caust’s Humanitarian Award in 1977. Her program, money which will then be in television news. She broke barriers sense of civic duty, compassion and curiosity used to fund his new health care law. as an African American and as a has distinguished her from her peers, winning If taking nearly half a trillion dollars woman news anchor for WSB Tele- an Emmy Award for Best Feature Program— from the already crippled program vision starting in 1975. ‘‘Monica Kaufman Closeups’’, the National weren’t bad enough, the President has The year 1975 was an important turn- Foundation for Women Legislators’ ‘‘Media Ex- handpicked a special panel to slash ing point, especially in the South. So it cellence Award’’ and the Georgia Commission away at the program even more. He is very important for us to understand of Women’s ‘‘2004 Georgia Woman of the knows our country is facing a budget the significance of Monica often ap- Year’’. shortfall. Instead of implementing re- pearing as a nightly anchor, as the While devoting her life to journalism, she sponsible and transparent reforms, the first African American and first woman has also deeply involved herself in the com- President wants to take away benefits in the South at WSB Television in 1975. munity. She remains a passionate supporter of from Medicare recipients to fund his Now, 38 years later, Monica is retiring. the Metropolitan United Way, the organization agenda for new entitlements. Monica Pearson brought a special that helped her move beyond her poor back- The panel, known as the Independent talent, a sparkling personality, hard ground to become an award-winning news- Payment Advisory Board, or IPAB, is a work, and a high nobility of purpose caster. Since then, she has served as Chair of group of unelected and unaccountable that appealed to everybody, to people Atlanta’s United Way board, the first African- bureaucrats who will essentially be of all races, and she became endeared American and only the second woman. Her given power to ration care and even to everybody from every walk of life. dedication to the organization might be due in deny seniors lifesaving treatments. Its What a great American story is Monica no small part to the fact that her daughter was members are not required to hold pub- Pearson. adopted through a United Way agency. In her lic hearings or disclose their meetings. She paved the way for other African own words, ‘‘United Way literally unites peo- Their salaries will be paid directly out Americans and women to become news ple.’’ of trust funds used to pay Medicare anchors and to become television jour- United Way is not the only organization that beneficiaries’ health care claims. nalists throughout the South. So it is has touched Monica’s heart. For many years, Worse yet, doctors and patients can most fitting as she announces her re- Monica ran in the Susan G. Komen’s Race for not challenge the IPAB’s decision in tirement that we gather here today on the Cure. She continued to run in the race and court. Without a three-fifths majority the part of the United States Congress volunteer for the organization until the year in both Chambers, Congress has no to give her this special commendation. she herself was diagnosed with breast cancer. power to change decisions. While this We also give a special commendation Her reaction to this cancer is a story that truly select group rakes in the perks, it will to WSB Television and Cox Enterprises touched my heart. A very religious woman, be the seniors left holding the short management for making that critical Monica did not let fear cripple her—instead end of the stick. The health care law—and IPAB in decision at that important time in the she left everything to God. She prayed, ‘‘Thy particular—will threaten their access history of the United States. Because will be done, O Lord, not mine.’’ ‘‘If you are to quality care. Medicare is already of her talent, because of her hard work, really strong in your faith, then you don’t worry known for its low reimbursement rates. we in the Congress of the United States about the outcome’’, she said. The outcome is Physicians receive about 20 percent recognize with high distinction an out- obvious—Monica remains to this day a strong, less from Medicare than private health standing American: Monica Pearson, dedicated woman. She is both an inspiration plans, forcing many to stop accepting an outstanding American. and a role model. Monica will be retiring in patients just to stay in business. Sen- Madam Speaker, Monica Pearson is a famil- July, but I know her character, personality and iors will be left with fewer options, and iar face to metro Atlanta’s residents, though spirit will not let her keep still. I wish her the they may even be told they can no most know her by her former name—Monica very best in her future endeavors, and may we longer see their own doctors. Kaufman. For the past 37 years, Monica has continue to hear of her excellent work for her That’s why, when I talk to seniors in anchored WSB–TV’s Channel 2 Action News. community. God Bless. my district, they are scared of this law. The character and amount of trust she has f built as Channel 2’s nightly newscaster is They’re worried about being left with b 1020 fewer options; they are worried about laudable, but perhaps more important are the not being able to see their own doctors; barriers she broke as she developed that rep- IN RECOGNITION OF MONICA and they are worried about the govern- utation. Born and brought up in the Civil KAUFMAN PEARSON ment cutting even more from the pro- Rights era, Monica became not only the first The SPEAKER pro tempore. The gram. It’s not just in my district where African-American, but also the first woman to Chair recognizes the gentleman from this concern is prevalent. According to anchor a daily evening newscast on WSB in Georgia (Mr. GINGREY) for 5 minutes. a recent nationwide poll, 60 percent of 1975. Mr. GINGREY of Georgia. Madam our Nation’s seniors have an unfavor- Throughout her long career, Monica has ac- Speaker, you will notice that Members able view of the law. cumulated an even longer list of awards and from Georgia on both sides of the aisle Access to quality care for seniors achievements. All in all, she has won thirty have taken the opportunity this morn- should be a top priority and will re- Local and Southern Regional Emmy awards. ing during Special Orders time to rec- main so with me. I believe health care When she saw injustice or a story that needed ognize Monica Kaufman. decisions should be made by patients, to be heard, she was there reporting on it— We just heard from our colleague, families, and their doctors, and not by first at the 6 pm and 11 pm segments, and Representative DAVID SCOTT. I want to bureaucrats in Washington, who are later at 4 pm. Her hard-hitting investigative commend my friend DAVID SCOTT for burdening seniors and future genera- journalism cuts at all different issues. In 1992 organizing this tribute on behalf of one tions with less choice, fewer services, she spoke out on behalf of women and girls great lady. and more debt. in Georgia when she found out that the Geor- I rise today, as well, to recognize House Republicans remain com- gia High School Association’s all-male execu- Monica Kaufman for her historic and mitted to strengthening and reforming tive committee did not have a state-wide com- outstanding achievements in broadcast Medicare to protect today’s seniors and petition for girls’ soccer or cheerleading. She journalism. Atlanta is sad to see her to make sure the program is still there was awarded the Women’s Sports Journalism resigning from WSB; but we are very, for the next generation. Award for Local Television Reporting from the very proud of her.

VerDate Mar 15 2010 23:40 Mar 21, 2012 Jkt 019060 PO 00000 Frm 00003 Fmt 4634 Sfmt 0634 E:\CR\FM\K21MR7.005 H21MRPT1 jbell on DSK7SPTVN1PROD with HOUSE H1432 CONGRESSIONAL RECORD — HOUSE March 21, 2012 For the past 37 years, she has remarkable occupational achieve- graduated with a bachelor of business brought Atlanta the news, from her ments. However, she is much more administration degree; and in 2011, he coverage of the 1996 Olympics, to her than just an accomplished journalist. went on to earn his master’s degree in famous ‘‘Monica Kaufman’s Closeups’’ She is a loving wife, mother, mentor, business administration from the Uni- of world leaders and celebrities,’’ to her friend, and role model to me. versity of Florida. award-winning work on issues such as I would like to extend our personal While studying at Mercer, Nick the Holocaust and domestic abuse. congratulations to Monica Pearson and earned his private pilot’s license and As the first woman and African her family as they celebrate and reflect was accepted into the United States American news anchor in Atlanta, Ms. upon her outstanding career as one of Air Force in 2006. Nick trained with the Kaufman broke both race and gender our Nation’s leading broadcast journal- Euro-NATO Joint Jet Pilot Training barriers. She has won more than 30 ists and admired media personalities. program. In 2008, he received his wings Southern and local Southern Regional Kentucky may have named her, but and was assigned to the Air Force Spe- Emmy Awards for talent, reporting, Georgia claimed her, and we are all cial Operations. He became a member and close-up interviews. Ms. Kaufman better because she came our way. of the 34th Special Operations Squad- has already been named University of Congratulations to you, Monica ron, which we have all heard about in Georgia’s Broadcaster of the Year in Kaufman Pearson. the paper and on the news, and was promoted to captain in November of 2001 and the Georgia’s Association of f Broadcaster of the Year in 2001 and the 2010, where he was assigned to the U– Georgia Association of Broadcasters CAPTAIN NICK WHITLOCK 28A aircraft. 1992 Citizens Broadcaster. The SPEAKER pro tempore. The November proved to be one to cele- Madam Speaker, I will always re- Chair recognizes the gentleman from brate, as Nick married the love of his member, however, one evening in July Georgia (Mr. WESTMORELAND) for 5 life, Ashley, the same month as his 2002—it was actually November of minutes. promotion. Nick spread the happiness 2002—when I was first running for Con- Mr. WESTMORELAND. Madam he found in both his marriage and life gress. That election night was a very, Speaker, I come to the floor this morn- through his involvement with organi- very close race. It went deep in the ing with great sadness and also with zations such as Alaska’s Healing night; and finally, at about 11 o’clock, great honor to honor the service of one Hearts, a nonprofit organization ena- it was news time at WSB. Sure enough, of Georgia’s own, Captain Nick bling disabled military veterans to par- I had to go downstairs and get ready to Whitlock. On February 18, 2012, at ticipate in outdoor activities. be interviewed by Monica Kaufman in Camp Lemonnier in Djibouti, Africa, Nick was serving on his fifth deploy- regard to my race for Congress. he gave the ultimate sacrifice while re- ment in Djibouti, Africa, when an acci- At this point, we were behind. All turning from a mission in support of dent occurred while his aircraft was re- counties except one had reported, and I Operation Enduring Freedom. turning from a mission, taking not was behind. Monica was very sweet and Captain Whitlock was born to the only his life but three of his fellow kind to me. She could tell that I was a proud parents of Jimmy and Clare comrades. Nick was laid to rest at For- little nervous and worried and scared. Whitlock on December 10, 1982. Even at est Lawn Cemetery in his hometown of She said, Have you picked up your a young age, Nick showed his maturity Newnan, Georgia, following a heartfelt phone yet to congratulate your oppo- and that he was full of integrity. In one ceremony at First Baptist Church. Friends of Nick’s say he made them nent on your victory? I said, Monica, I of his high school assignments, Nick proud to be an American and to want won’t do that until the last vote is was asked to define a leader. He wrote: counted. Shortly after that, I got a to become a better man of God and a A leader is a person that is in charge of a better father, better husband, a better phone call telling me congratulations. group, someone that everyone looks up to Finally, those precincts came in, and and wants to be like. A leader is also some- son. His wife, Ashley, described Nick as Dr. GINGREY, from the 11th District in one that is willing to complete their goals loving, thoughtful, honest, considerate, Georgia, was elected. and give 100 percent no matter what. A lead- and generous. He was a true gentleman I always remember Monica Kaufman er is willing to stand up for what he believes and a steadfast man of God. They both from that night. I ask Members to rec- in even if he is alone. I want to be a leader prayed for God to shape their lives for ognize the accomplishments of the because I think that is what God has called His purpose so that their blessings great Monica Kaufman. me to be. would not stop with them but extend to f For the young people that might be everyone they met. watching, we’re always looking for a His parents’ love and pride for Nick’s MONICA KAUFMAN PEARSON hero, and I think that Nick decided in unwavering faith, integrity, and intel- The SPEAKER pro tempore. The his life that he would be a hero. ligence is never ending. They talk Chair recognizes the gentleman from Nick lived by his own words, and to often of how, although he was never Georgia (Mr. BISHOP) for 5 minutes. say he was a leader was an understate- the smartest, biggest, or fastest, he Mr. BISHOP of Georgia. I am honored ment. He understood that success is used every ounce of what he was given to join my colleagues in the Georgia achieved through hard work, faith, and to his highest potential. He was phys- delegation in paying tribute to one of dedication, and he lived every day as ically strong, mentally awake, and our Nation’s most tenured and pre- an opportunity to improve himself and morally straight. In the eyes of his eminent broadcast television news an- the lives of others. wife, family, and friends, there was no chors, Monica Kaufman. finer man or leader than Nick For more than 30 years she served as b 1030 Whitlock. the Channel 2 ‘‘Action News Nick graduated from Newnan High I am both honored and proud that a Nightbeat’’ anchor at WSB-TV in At- School in 2001 as an honor graduate and soldier from my district served with lanta where she used her superior was recognized for his outstanding such courage and conviction. Nick em- media talents to educate, inform, and achievements in both football and bodied all the qualities of an ideal hus- enlighten millions of viewers about baseball. Nick achieved his Eagle band, son, brother, and friend. He was current events that impacted our lives Scout rank and strove to use the skills an extraordinary captain, and America and influenced activities all around the he learned to influence every aspect of has truly lost one of its finest. I am world. Prior to becoming one of Atlan- his life. proud to stand here and thank him for ta’s most watched and influential tele- He attended Mercer University, and sacrificing his life so that my family vision journalists, Monica worked as a he caught for the Mercer Bears base- and I, and everyone else across this reporter at the Louisville Times and at ball team. Most notable of Nick’s many great Nation, can live free. WHAS-TV in Kentucky. campus activities were his leadership Joan and I extend our deepest sym- Madam Speaker, Monica is an award- roles as Mercer ambassador; president pathies to the family and friends of winning journalist who has been recog- of his fraternity, Sigma Alpha Epsilon; Nick Whitlock’s, and we will never for- nized on numerous occasions for her and senator-at-large for the student get the service and sacrifice that he outstanding professional abilities and government association. In 2005, Nick made for our great country.

VerDate Mar 15 2010 23:40 Mar 21, 2012 Jkt 019060 PO 00000 Frm 00004 Fmt 4634 Sfmt 0634 E:\CR\FM\K21MR7.006 H21MRPT1 jbell on DSK7SPTVN1PROD with HOUSE March 21, 2012 CONGRESSIONAL RECORD — HOUSE H1433 Nick, we miss you. And until we with the program altogether. That’s baby boy whose name is Cole, and he meet again in the presence of our Lord, pretty extraordinary stuff. Their vision was born with that extra 21st chro- I want to use a nice Southern saying: is that we will go back to this state of mosome. Cole has given me a whole Nick, you done good. Thank you, sir. affairs in America. We cannot afford new perspective for being a mother and f that. also for being a Member of Congress. Next week or the week after, the Cole’s birth has given me a whole new NATIONAL TRANSPORTATION temporary highway funding expires. purpose for serving in Congress, and he POLICY The Senate has passed a bipartisan bill reminds me every day of the signifi- The SPEAKER pro tempore. The by an overwhelming majority. The Re- cance, the tremendous positive impact Chair recognizes the gentleman from publican leadership has threatened that every single person has on this Oregon (Mr. DEFAZIO) for 5 minutes. that their right-wing devolutionists world. And the fact that he has Down Mr. DEFAZIO. This is a photograph will do away with Federal transpor- syndrome today only makes me more from 1956, before we had a national tation by saying, We might make you curious as to the impact he’s going to transportation policy in the United vote on that Senate bill. That passes have both on our lives and this world. States of America; and if the Repub- for a threat in the Republican Caucus. He is an inspiration, and he makes me licans are successful with their budget We might make you vote on a good bill a better person. and with their vision, this will be the that would continue the current sys- Through Cole, I’ve been introduced future for the United States of Amer- tem with some improvements for a and welcomed by the disabilities com- ica. couple of years—that’s what passes for munity, a wonderful group of people in There are a substantial number of a threat—unless you vote for our crazy America who every day also celebrate Republicans on that side who have H.R. 7, which does away with transit the tremendous impact and the poten- drunk the Kool Aid of a guy named funding and basically dismantles the tial of every life in this world. Grover Norquist, who says that he program over a longer term, or the b 1040 wants government so small, he can Ryan budget, which would immediately strangle it in the bathtub, and that we end the program next year. I find myself grateful to so many who should devolve—devolve—this is inter- But they won’t let us vote on that be- have walked this path before me and esting—not evolve—devolve transpor- cause they know that a bunch of Demo- have improved the opportunities that tation to the States. That’s right. Our crats—just like in the Senate, where Cole, as well as anyone with disabil- national transportation policy will be Democrats and Republicans came to- ities, is going to have. Today, there’s set by the 50 different States. gether with an overwhelming majority greater opportunities through early Well, this is 1956, before we had a na- and passed a transportation bill, they intervention, education, advanced edu- tional transportation policy. This is know that would happen here. So they cation, and lots of opportunities for the brand spanking new Kansas Turn- got 80 or so ultraright-wingers who independent living. However, there’s so pike. Isn’t that beautiful. Well, look wouldn’t vote for it. Big deal. I could much more that needs to be done, and where it ends—in a farmer’s field in match that with 150 Democrats, and we so today is my turn to help carry the Oklahoma because Oklahoma chose not could have a bipartisan bill next week, baton to help work to unleash the po- to build its section, which they had putting millions of Americans back to tential of all those living with disabil- promised to build. That’s the way work, rebuilding the crumbling infra- ities. things used to be, and that’s the way structure in this country. But instead, I’m proud to cochair the Congres- they want things to be again. they want to devolve us back to the fu- sional Down Syndrome Caucus with We’re now on the precipice of basi- ture. Representative PETE SESSIONS, Rep- cally walking away from investing in Smaller government. Smaller gov- resentative CHRIS VAN HOLLEN, and our Nation’s infrastructure. There are ernment. Yes, that’s great, guys. A Delegate ELEANOR HOLMES NORTON. We 150,000 bridges that need replacement transportation policy for the United are committed to working on policies or repair in the national system; 40 States of America, competing in a that are going to enhance the quality percent of the pavement needs total re- world economy, set by the 50 States of life for those living with Down syn- placement, not just an overlay. We without funding. What a great vision. drome and other disabilities. It’s within the walls of Congress that we will do have a $70 billion backlog in our 19th- f and 20th-century transportation sys- just that. We’re working to pass legis- tems in our major urban areas, in our WORLD DOWN SYNDROME DAY lation, hold briefings, and promote transit. And that’s not even talking The SPEAKER pro tempore. The policies that will help those with Down about building an efficient 21st-century Chair recognizes the gentlewoman from syndrome all across the country. transportation system to deliver people Washington (Mrs. MCMORRIS RODGERS) So today is World Down Syndrome and goods more efficiently. for 5 minutes. Day. A few minutes from now at the And what’s their proposal? A 31 per- Mrs. MCMORRIS RODGERS. Madam United Nations headquarters there’s cent cut in an already inadequate Speaker, I rise today, on March 21, a going to be a poem read. It’s called, budget or maybe no money at all. Ac- very special day, to celebrate the many ‘‘Welcome to Holland.’’ The author is tually, it’s a bit odd. Mr. RYAN’s budg- contributions of those with Down syn- Emily Perl Kingsley. I thought I want- et, according to the Congressional drome, also known as trisomy 21. ed to read it to all of you today. Budget Office, would not be enough to Today, March 21, has been officially WELCOME TO HOLLAND fund the uncontrollable outlays, i.e., designated by the United Nations as I am often asked to describe the ex- projects already under way by the World Down Syndrome Day. The date perience of raising a child with dis- States for which the Federal Govern- is significant in and of itself because ability—to try to help people who have ment has contracted to reimburse at the origins of Down syndrome and the not shared that unique experience to the end of the construction of these underlying cause is a duplicate 21st understand it, to imagine how it would projects. His budget wouldn’t even chromosome. We are all born with 23 feel. It’s like this: meet that number. And in terms of au- pairs, an X and a Y. Those with Down When you’re going to have a baby, thorizing the bill, they decided for the syndrome have an extra 21st—there- it’s like planning a fabulous vacation first time in history to make this a fore, three and 21. And today is March trip—to Italy. You buy a bunch of partisan issue. 21. The reason it’s called Down syn- guidebooks and make your wonderful Dwight David Eisenhower, a Repub- drome is because these characteristics plans: the Coliseum, the Michelangelo lican President, he came up with the were discovered by a doctor by the David, the gondolas in Venice. You idea of a national transportation net- name of Dr. Langdon Down. He had a may learn some handy phrases in work. Ronald Reagan put transit into wonderful heart, a caring heart, for Italian. It’s all very exciting. the highway trust fund. They want to those with disabilities; and, therefore, After months of eager anticipation, take out Ronald Reagan’s step of put- we call it Down syndrome today. the day finally arrives. You pack your ting transit in the highway trust fund Five years ago, my husband, Brian, bags and off you go. Several hours as an interim step before they do away and I gave birth to a beautiful little later, the plane lands. The stewardess

VerDate Mar 15 2010 23:40 Mar 21, 2012 Jkt 019060 PO 00000 Frm 00005 Fmt 4634 Sfmt 0634 E:\CR\FM\K21MR7.007 H21MRPT1 jbell on DSK7SPTVN1PROD with HOUSE H1434 CONGRESSIONAL RECORD — HOUSE March 21, 2012 comes in and says, ‘‘Welcome to Hol- malnutrition and a severe shortage of We had a simple message: Let food land.’’ food. Thousands are fleeing south, and humanitarian aid reach the suf- ‘‘Holland?’’ you say. ‘‘What do you crossing into the newly independent fering people of South Kordofan and mean, Holland? I signed up for Italy. nation of South Sudan, setting up ref- Blue Nile. Stop raping, killing, bomb- I’m supposed to be in Italy. All my life ugee camps along the northern borders. ing, and starving innocent women, I’ve dreamed of going to Italy.’’ Mainly women and children, they ar- children, and men. But there’s been a change in the rive traumatized, exhausted, and mal- I commend the Obama administra- flight plan. They’ve landed in Holland nourished. tion for pressuring Khartoum to let and there you must stay. President Bashir has denied humani- food reach these desperate people, but The important thing is that they tarian access to South Kordofan and more must be done. I urge the Presi- haven’t taken you to a horrible, dis- Blue Nile for the delivery of des- dent to engage China at the very high- gusting, filthy place, full of pestilence, perately needed food aid. He wants no est levels to also demand unfettered famine, and disease. It’s just a different witnesses to his deliberate use of mass access for humanitarian aid. place. starvation as a weapon against his own Madam Speaker, the world must in- So you must go out and buy new people. And the clock is ticking, crease the pressure on President Bashir guidebooks, and you must learn a Madam Speaker, because the rainy sea- or watch another crime against hu- whole new language, and you will meet son is coming soon, and then no one manity take place in Sudan. We must a whole new group of people you would will able to get food into these areas, not be silent. never have met. but the bombs will continue to fall f It’s just a different place. It’s slower- from the sky. paced than Italy, less flashy than Italy. Take a look at these photographs. b 1050 But after you’ve been there for a while The first one is a remarkable satellite STOP MILITARY RAPE and you catch your breath, you look image of villages being bombed in around, and you begin to notice that South Sudan. You see the Antonov The SPEAKER pro tempore. The Holland has windmills and Holland has bomber flying north, back towards the Chair recognizes the gentlewoman from tulips. Holland even has Rembrandts. Sudanese military airbase. You see the California (Ms. SPEIER) for 5 minutes. But everyone you know is busy com- smoke plumes rising up from civilian Ms. SPEIER. Madam Speaker, I rise ing and going from Italy, and they’re villages. You see fields and orchards again today to highlight the epidemic all bragging about what a wonderful being bombed. These are not military of rape and sexual assault in the mili- time they had there. And for the rest of targets, Madam Speaker. There’s not tary. This is the 17th time that I’ve your life you will say, ‘‘Yes, that’s even a truck or a pickup that might be stood here on the House floor to tell where I was supposed to go. That’s used for military purposes. All you see the story of a brave member of our what I had planned.’’ are villages, huts, orchards, and fields. military who has been raped or sexu- The pain of that will never, ever, Antonovs don’t do precision bombing, ally assaulted by a fellow servicemem- ever, ever go away because the loss of Madam Speaker; they just open up the ber. that dream is a very, very significant back bay of the airplane and roll out Today I will tell you the story of Elle loss. But if you spend your life mourn- barrels of explosives. Helmer, who served at the prestigious ing the fact that you didn’t get to go to This is an image, Madam Speaker, of Marine Barracks in Washington, D.C., Italy, you may never be free to enjoy the indiscriminate bombing of civil- at 8th and I from 2005 to 2006. The Ma- the very special, the very lovely things ians. This is a war crime. It took place rines who serve here in Washington are about Holland. on March 8. And here, Madam Speaker, known throughout the military as the f are the targets of the bombs and rock- tip of the sword. They perform ceremo- ets: children, Madam Speaker, hiding nial roles and participate in the silent SUDAN: STOP USING FOOD AS A and starving in caves. drill platoon. They are the creme de la WEAPON OF MASS STARVATION This photo was taken by John creme. The SPEAKER pro tempore. The Prendergast, of the Enough Project, You will notice that Elle’s story fol- Chair recognizes the gentleman from and George Clooney, who were in South lows the exact same pattern as the doz- Massachusetts (Mr. MCGOVERN) for 5 Kordofan on March 8. They saw the ens of stories I’ve told before and prob- minutes. planes and rockets striking villages. ably the same pattern of the estimated Mr. MCGOVERN. Madam Speaker, in The satellite picture is from the Sat- 19,000 rapes and sexual assaults that oc- about 6 weeks, the rainy season will ellite Sentinel Project, set up by Mr. curred in the military in 2010. This is begin in Sudan. Villagers will no longer Clooney and DigitalGlobe, which has the pattern of the epidemic. be able to plant or harvest their crops. donated millions of dollars of imagery This is Elle’s story: The harassment The roads will become impassible. It is from its satellites in an effort to pro- started as soon as she arrived in Wash- the time of the year when people live vide an early warning system for ington. Lieutenant Helmer was told off their harvests, their orchards, and human security in this region of that she was selected to be the public the land. But there is no food in the Sudan. affairs officer for the barracks based on states of South Kordofan and Blue Nile Last Friday, I stood on the steps of her appearance. She was told that inside Sudan—not because of drought, the Sudanese Embassy with George Command wanted a good-looking fe- not because locusts have destroyed the Clooney and my House colleagues, Con- male officer to serve as a ‘‘poster crops. No, Madam Speaker. This is a gressman JOHN OLVER, JIM MORAN, and child.’’ In addition to her role in public deliberate, man-made catastrophe cre- AL GREEN. We were all arrested pro- affairs, Lieutenant Helmer was also no- ated by Sudanese President Bashir. testing the humanitarian crisis in tified by mail that she was made a sex- For months, Khartoum has been Sudan. We were joined by George’s fa- ual assault and response coordinator. launching rockets and dropping bombs ther and journalist, Nick Clooney; No one told her what the role required, on villages and fields throughout South John Prendergast of the Enough and the only thing she knew about the Kordofan and Blue Nile. The people of Project; our former colleague Tom An- position was that she’d been appointed the Nuba Mountains, primarily of drews, now with United to End Geno- to do it. black African descent, cannot work cide; Martin Luther King III; Ben Jeal- In March of 2005, a captain contin- their fields for fear of being bombed. ous, president of the NAACP; Nicole ually commented on her appearance They hide in caves as bombers and heli- Lee, president of TransAfrica Forum; and began to harass her. He told Lieu- copters fly overhead. Rockets bombard Faye Williams, chair of the National tenant Helmer that he picked her to be their villages. Sudanese soldiers march Congress of Black Women; Activist a Public Affairs Officer because she into their villages, killing, raping, set- Dick Gregory; Rabbis David Saperstein was the ‘‘prettiest.’’ He made sexual ting fire to their homes, carrying out a and Steve Gutow; Fred Kramer, with advances and kept sending her social ‘‘scorched earth’’ policy. the Jewish World Watch; and Ian emails. She spurned his advances and The people of South Kordofan and Schwab, with American Jewish World complained to the Marine Barracks’ Blue Nile are already suffering from Service. equal opportunity officer, and provided

VerDate Mar 15 2010 23:40 Mar 21, 2012 Jkt 019060 PO 00000 Frm 00006 Fmt 4634 Sfmt 0634 E:\CR\FM\K21MR7.009 H21MRPT1 jbell on DSK7SPTVN1PROD with HOUSE March 21, 2012 CONGRESSIONAL RECORD — HOUSE H1435 copies of the emails and details about Instead of the perpetrator being prosecuted, proportion of college graduates in the the harassment. The Marine Corps did Lt. Helmer became the subject of investigation world by the year 2020. To reach this nothing. and prosecution. She was forced to leave the goal, the President focused on K–12 The following year, the Marine Corps Marine Corps while her rapist remains a Ma- teaching and learning. The American named Lieutenant Helmer to serve as rine in good standing. Elle, like so many vic- Recovery and Reinvestment Act pro- the first female ceremonial parade tims I’ve heard from, report a culture of ac- vided $77 billion to strengthen elemen- flanking officer. Part of her respon- ceptance and a culture that blames victims. tary and secondary education, includ- sibilities was to attend a pub crawl for This must stop. We must pass H.R. 3435. ing $48.6 billion to stabilize State edu- St. Patrick’s Day that had been en- f cation budgets and to encourage States dorsed by the colonel. When she ob- to ensure that all schools have highly COMMENDING PRESIDENT BARACK jected to going, her superior, a major, qualified teachers, improve achieve- OBAMA’S PROPOSALS REGARD- told her it was a mandatory work ment in low-performing schools, and ING HIGHER EDUCATION event. The pub crawl involved a group ensure college and career readiness. of Marine officers identified in T-shirts The SPEAKER pro tempore. The The President also has invested to going from bar to bar to bar on Capitol Chair recognizes the gentleman from make sure that teachers are supported Hill, drinking excessive amounts of al- American Samoa (Mr. FALEOMAVAEGA) as professionals in the classroom, while cohol, all paid for by the Marine Corps. for 5 minutes. also holding them more accountable. Lieutenant Helmer was required to Mr. FALEOMAVAEGA. Madam Effective teachers will be rewarded, drink shots at the same pace as the Speaker and to my colleagues here in and States will be encouraged to re- large male officers. On those occasions the great Chamber of the people’s move ineffective teachers from the when she drank water to try to keep House, the House of Representatives, I classroom. The President has also supported in- herself from becoming intoxicated, she know of no other place in the world, novation in the classroom, such as the was required by her boss to drink an only in America, that a man whose father was a devout Muslim from Kenya, expansion of high quality charter extra shot as punishment. schools, investments in the Race to the As a result of the forced consumption Africa, who was married to a white Top competition between States, and of alcohol that night, Lieutenant woman from the great State of Kan- sas—and with all due respect to our also providing flexibility for States Helmer became very intoxicated and who are looking for greater relief under left to find a cab to go home. Her supe- birther friends, this man was born in the great State of Hawaii; this man is the No Child Left Behind Act. The rior, the major, followed her out and President also introduced the ‘‘Educate told her that she needed to come with none other than Barrack Hussein Obama—could become our President, to Innovate’’ campaign, which is aimed him to his office to discuss a business to improve the participation and per- matter. Madam Speaker, our President of all of the United States of America and its formance of America’s students in When they reached his office, the science, technology, engineering, and major tried to kiss her. Lieutenant territories. I want to share with my colleagues mathematics. Helmer resisted, and the major grabbed one of the most critical issues as advo- President Obama has also introduced her, knocking her over and hitting her cated seriously by President Obama, measures to make college more afford- head against the wall. She lost con- and that is in the field of education. able. Under the President’s leadership, sciousness at that point. I commend President Obama for his the maximum Pell Grant amount has When she awoke, she found herself commitment to providing every child been raised to $5,500. The new ‘‘Pay As lying on the floor in the major’s office in America access to a complete and You Earn’’ proposal will also give and was wearing his shorts. The major competitive education all the way from about 1.5 million students the ability was found naked from the waist down, cradle to career. to cap their loan payments at 10 per- passed out on the floor nearby. After In recent years, the United States cent of their monthly income and allow Lieutenant Helmer left the major’s of- has drastically fallen behind other debt forgiveness balance after 20 years fice, she reported it to her command countries when it comes to education. of payments. The President’s plan will that she had been raped. Her colonel In the most recent Programme for enable an estimated 6 million students discouraged her from asking for a rape International Student Assessment Re- and recent college graduates to con- kit examination, saying it would be port published in 2009, researchers solidate their loans and reduce their ‘‘out of his hands.’’ In spite of the colo- ranked the performance of 15-year-olds interest rates. Colleges and univer- nel’s objections, Lieutenant Helmer internationally and found that the sities will also be rewarded based on sought and obtained a rape kit and United States ranked 17th in reading, their ability to offer relatively lower medical examination. 24th in science, and 30th in math. To tuition costs and provide value to espe- Despite the medical and circumstan- make America competitive once again, cially low-income students. tial evidence of the rape, the Navy Madam Speaker, President Obama has Madam Speaker, if we prepare Amer- Criminal Investigative Services ini- introduced several key initiatives that ica’s children with a high quality edu- tially refused to investigate, claiming focus on early childhood education, cation, we enable them to succeed in Lieutenant Helmer’s inability to recall that reform and invest in K–12 edu- today’s global economy. Furthermore, her rape precluded any investigation. cation and restore America’s leader- our ability to educate America’s chil- After a delay that destroyed the crime ship in higher education. dren will determine the economic com- scene, the NCIS eventually conducted a In his first major action of his Presi- petitiveness of our great Nation. And very brief investigation and concluded dency, President Obama signed the as our President has recently stated, that nothing could be done in light of American Recovery and Reinvestment no issue will have a bigger impact on Lieutenant Helmer’s lack of conscious- Act, which makes significant invest- the future performance of our economy ness during the assault. ments in education. The act included $5 than education. In addition, the Marine Corps ‘‘lost’’ billion for early learning programs as Once again, Madam Speaker, I com- Helmer’s rape kit. Lieutenant Helmer well as programs for children with spe- mend President Obama for his commit- complained to the major’s superior. Al- cial needs. The President has also in- ment to helping our children succeed though that Marine officer admitted troduced accountability standards for from cradle to career. I thank him for the NCIS investigation was ‘‘woefully Head Start to ensure that early child- his bold leadership and vision for the inadequate’’ and removed the major hood programs are continuing to de- future of our children and our great from his command position, he refused liver quality services. In addition, nine Nation. to press charges or take any further States have also received approxi- f steps to punish the rapist. Instead, he mately $500 million from the Race to b 1100 told Lieutenant Helmer, ‘‘You’re from the Top-Early Learning Challenge fund Colorado. You’re tough. You need to to create systems of high quality early HONORING MONICA PEARSON pick yourself up and dust yourself off.’’ learning and development programs. The SPEAKER pro tempore. The He then remarked, ‘‘I can’t babysit you The President has also set a goal for Chair recognizes the gentleman from all the time.’’ the United States to have the highest Georgia (Mr. LEWIS) for 5 minutes.

VerDate Mar 15 2010 23:59 Mar 21, 2012 Jkt 019060 PO 00000 Frm 00007 Fmt 4634 Sfmt 0634 E:\CR\FM\K21MR7.011 H21MRPT1 jbell on DSK7SPTVN1PROD with HOUSE H1436 CONGRESSIONAL RECORD — HOUSE March 21, 2012 Mr. LEWIS of Georgia. Madam cheerful person. WSB-TV did some- tion, and that child was unable to get Speaker, for more than 30 years, thing that was revolutionary: they health insurance coverage. It literally Monica Pearson has been a voice of made her the first African American was tearing the hearts out of families WSB-TV, the Atlanta ABC station. She and the first female to have that across this country. One of the things is a sensitive, caring individual, and evening news slot. And boy, I’ll tell that the Affordable Care Act put in one of the most loved and admired tele- you, you’re talking about a glass of place was a prohibition against deny- vision anchors in the Nation. You can iced tea in a hot time, that’s what she ing coverage for children based on a always see her out in Metro Atlanta was. preexisting condition. That is now law somewhere, serving and sharing, giving Monica was so enthusiastic—she still as a result of the Affordable Care Act. back to the community of people who is—upbeat, and she just lit up the TV Those who argue that we should re- have supported her for many, many screens. I personally just couldn’t keep peal the Affordable Care Act, I cannot years. my eyes off of her. She was so cheerful. believe that they want to go back to a When Monica delivers the news, peo- Her laugh and her smile are still infec- time when a family would have to look ple believe it because they believe in tious. She continues to light up At- at their child who had a preexisting her, and they know she believes in lanta. She created and hosted one of condition and know that they couldn’t them. She didn’t just read the news, the most remarkable interview pro- get coverage, couldn’t provide health but as a member of a community she grams in the Nation—‘‘Monica Pearson care for that child. I can’t believe that tried to discover the truth, and we Closeups.’’ She interviewed world lead- we want to go back to that. trusted what she said. Though she may ers, elected officials, and celebrities. A second group that benefited are be leaving the airwaves, she is not re- Many of the people that she inter- young people, many of whom after they tiring from her involvement in our viewed were just astonished at the graduated from college could no longer city, our State, and our Nation. depth of her preparation for the inter- stay on the health insurance plan of I wish Monica and her husband, John, views. their parents because it wasn’t pro- the very best. We love her. She’s been While we are all wishing her God- vided for. Under the Affordable Care good for our city, for our State, and for speed in her well-deserved retirement, Act, if you’re a young person, you can our Nation. we can take heart that she will con- now stay on your parents’ health insur- f tinue to be a fixture on the Atlanta ance plan until age 26. scene, always ready with a smile and A TRIBUTE TO MONICA KAUFMAN b 1110 an insightful word. PEARSON Monica Pearson is and will remain an This is making a huge difference for The SPEAKER pro tempore. The Atlanta treasure and a glass of good, millions of Americans across the coun- Chair recognizes the gentleman from cold iced tea. try. Already hundreds of thousands Georgia (Mr. JOHNSON) for 5 minutes. f have taken advantage of the oppor- Mr. JOHNSON of Georgia. Madam tunity to stay on the insurance plan of Speaker, today I rise in tribute to re- AFFORDABLE CARE ACT their parents, which means that young tiring WSB-TV anchor Monica Kauf- The SPEAKER pro tempore. The people, many of whom think that man Pearson, who brought Atlanta the Chair recognizes the gentleman from they’re invincible but then something evening news for almost four decades. Maryland (Mr. SARBANES) for 5 min- happens to them and they need that Before I go into that, something is utes. health insurance coverage, now they’ll compelling me to extol the virtues of a Mr. SARBANES. Madam Speaker, have it. It’s still in place because, glass of cold iced tea in the middle of this week, we’re marking the second under the Affordable Care Act, there’s the day. After a hard morning at work anniversary of the passage of the Af- now a requirement that health insur- outside and you come in for your meal, fordable Care Act. I wanted to take a ance plans cover young people until for your lunch, and you enjoy that few minutes to speak to a number of age 26. lunch with a glass of iced tea, it’s a groups that have benefited from the I cannot believe that those who want Southern tradition, and I want to use health care reform, a reform which I to repeal the Affordable Care Act want that in talking about Monica Pearson. strongly supported. to go back to a situation where mil- Monica is the recipient of numerous If you think back to the time of the lions of young people can’t access that awards, including more than 35 debate 2 years ago, it was at the height health insurance coverage. Emmys. She broke the color barrier of hearing stories about people across And let me talk about the third and the gender barrier by becoming the the country, millions of people, who group, our seniors who, 2 years ago, first black female to serve as evening were struggling to access the health were dealing with the situation of hav- news anchor in the Atlanta broadcast care system. So let me speak to the ing to come out of pocket for prescrip- market. She is known for her commit- struggles of two or three particular tion drugs because of the so-called ment to excellence, her commitment to groups. doughnut hole under the prescription professionalism, and also for her opti- Many adults across the country had drug benefit program. Under the Af- mism and her compassion. had the experience of trying to get fordable Care Act, we put in place the She is also known for sharing her tal- health care coverage, health care in- opportunity now to begin closing the ents by mentoring aspiring female surance, and discovering that because doughnut hole and making sure that news anchors across the Nation. It was they had a ‘‘preexisting condition,’’ as seniors who are in the doughnut hole Marian Pittman, news director of WSB- it’s so called, that they would be de- have access to a 50 percent discount on TV who worked with Monica for more nied that coverage. If you look at some prescription drugs, brand-name pre- than 15 years, who said, ‘‘Monica is to of the policies even today, you can see scription drugs. WSB what sweet tea is to Atlanta.’’ that the list of preexisting conditions So now our seniors, many of whom Yes, she was a quenching force when is a long one. You don’t have to have before were having to make a choice she arrived in Atlanta. It was at a time some kind of exotic disease or condi- between do I cover the cost of food, do where Atlanta had recently elected a tion. Diabetes, hypertension, other I pay the rent, or do I cover the cost of blunt-spoken man of action, Mayor things that plague millions of Ameri- my prescription drugs because they Jackson, as the mayor of Atlanta. It cans across the country could be the were having to come out of pocket, was a time of transformation. At those basis for an insurance company deny- now, many of them don’t have to make kinds of periods you have a lot of turing coverage to you. that terrible choice because of the as- moil going on among people—one group As difficult as that experience was sistance provided by the Affordable losing control, the other group taking for many adults to have when they Care Act. control. They were difficult moments went to try to purchase coverage be- I cannot believe that those who are during that time politically, and peo- cause they had a preexisting condition, urging the repeal of health care reform ple were polarized and divided. Then the most heart-wrenching stories we want to take our seniors back to a Monica arrived on the scene, a young, heard were of parents who had a child place where they have to make that beautiful, personable, non-threatening, that suffered from a preexisting condi- terrible choice between whether to

VerDate Mar 15 2010 23:59 Mar 21, 2012 Jkt 019060 PO 00000 Frm 00008 Fmt 4634 Sfmt 0634 E:\CR\FM\K21MR7.013 H21MRPT1 jbell on DSK7SPTVN1PROD with HOUSE March 21, 2012 CONGRESSIONAL RECORD — HOUSE H1437 cover the rent, buy food, or pay for JUSTICE FOR TRAYVON MARTIN tri-caucuses for weighing in on the im- their prescription drugs. The SPEAKER pro tempore. The portance of having an independent in- Madam Speaker, there are so many Chair recognizes the gentlewoman from vestigation, and that’s the Justice De- good things already in place as a result Florida (Ms. BROWN) for 5 minutes. partment. They’ve committed that of the health care reform, and I cannot Ms. BROWN of Florida. Before I there will be no stones unturned and believe that those who want to repeal begin, let me just mention that today, that they will look into what has hap- it want to deny our children, want to visiting us in the Capitol, is the former pened as far as the violation of his civil deny our young people, want to deny mayor of Jacksonville, Mr. Peyton, and rights, whether it’s a hate crime. But, our seniors the benefits that it pro- I want to welcome him to his Capitol. in addition, we want to make sure that vides. I want to thank the gentlewoman we have an independent review of how from Miami for her comments and, the police force has handled this situa- f really, all of our colleagues from both tion. sides of the aisle. b 1120 JUSTICE FOR TRAYVON MARTIN This is a very tough time for us, being the Representative from Sanford, I have some grave concerns when I The SPEAKER pro tempore. The Florida. discuss some of the things that have Chair recognizes the gentlewoman from I want to commend, first of all, the happened. For example, he was drug Florida (Ms. WILSON) for 5 minutes. mayor, Mayor Triplett, and the county tested. He was tested. He had alcohol Ms. WILSON of Florida. Madam commissioner, Ms. Williams, and the in his system. Yet, the person that did Speaker, Trayvon Martin was a 17- city manager. We met Friday for over the shooting was not tested in any year-old young boy who lived in my 5 hours, discussing what we could do to manner—no drug tests, no alcohol district and attended school within bring some kind of clarity to this situ- tests, no lie detector tests. It is just his walking distance of my home. I have ation. word that he felt threatened. So, there- known his family most of my life, and This is a tragic situation. In having fore, he shot to kill. That’s unaccept- they are pleading, begging, crying for met with the family, met with the able. justice. The whole city of Miami is mother, it was very, very difficult to We are a better society than that, pleading for justice as they try to re- talk with the mother and father and and we are going to work to make sure main calm. know that I truly feel that justice has that this will never happen again. To Every day, every day I will come to not taken place. whom God has given much, much is ex- this floor and announce to America In the society that we live in, it’s pected. how long justice for Trayvon Martin very important that we have to feel f has been delayed by using this charge. that the criminal justice system is fair RECESS Today marks the 25th day. Trayvon and is fair to all parties. I cannot stand The SPEAKER pro tempore. Pursu- Martin was murdered 25 days ago, and before you today and say that I feel ant to clause 12(a) of rule I, the Chair still there has been no arrest. The evi- that the system has operated fairly. declares the House in recess until noon dence is overwhelming. Every single One of the first things I asked to hap- today. day new evidence emerges, and still pen is that there be an arrest. Well, we Accordingly (at 11 o’clock and 21 there is no arrest. don’t have an arrest. It’s 25 days. The second thing I asked is that we minutes a.m.), the House stood in re- To date, the FBI, the DOJ, the Flor- cess. ida Department of Law Enforcement, release the tapes, and we have released FDLE, and the State Attorney’s Office the 911 tapes. I’ve got to tell you, it has f are all involved in investigations sur- taken on a life of its own, because the b 1200 things that were told to me in the rounding his death. And still there has AFTER RECESS been no arrest. meeting are not the things that were What does it take? What more does it reflected in the tapes. The recess having expired, the House take? So you have the media looking into was called to order by the Speaker pro it, and I call them the fourth branch of tempore (Mrs. MILLER of Michigan) at The eyes of people pleading for jus- the government. They can verify noon. tice in this Congress and everywhere I what’s on the tapes. They can verify go are watching Sanford, Florida. The f whether or not you would take some- grand jury has been selected, and the PRAYER one’s comment as to what they said grand jury is not reflective of happened when this young man is not Reverend Dr. Carl Hickerson, Spring- Trayvon’s family nor Trayvon. That there to tell his side of the story. field Baptist Church, Washington, D.C., must be corrected immediately. We have a person that everyone talks offered the following prayer: I’ve heard from Trayvon’s family. about was over the Neighborhood O God, we confess our hope for the fu- I’ve heard from his brother, his uncle, Watch. I want to point out, self-ap- ture is challenged by present cir- his classmates, his teachers, commu- pointed over the Neighborhood Watch— cumstances. As we read or watch the nity leaders, the school super- self-appointed. That means, was not news, our faith often falters. intendent. I even spoke to his mother trained. Thank you, God, for examples of again late last night. Everyone is call- Clearly, if you listen to the tapes, the steadfastness and belief in the future. ing for justice. police dispatcher told him to stand We thank You for people who plant What happened to Trayvon was a down. Less than 5 minutes later, this trees though they may not live to classic example of racial profiling, young man was dead. He was just walk- enjoy them. We thank You for public quickly followed by murder of our dear, ing at the time. He was a black African servants and grassroots folks who sweet Trayvon Martin. American that on the tape said looked struggle to preserve our society so that Do you know that it took 3 days, 3 suspicious. It was raining, and you’re our children and grandchildren may in- whole days, for the police to release looking suspicious in a neighborhood herit an inhabitable world. Trayvon’s body from the morgue to be when just walking on the sidewalk. We know, O God, that all people who shipped to Miami for burial and the fu- He started following him, and the believe and hope for the future are not neral simply because the Police De- dispatcher said clearly, more than necessarily doing it in Your name; but partment would not submit the nec- once: We need you not to follow this we acknowledge them as Yours, and we essary paperwork? young man. We are on the way. We will pray that You help us, each of us, to Sanford Police, do your duty. Arrest handle it. join their ranks. the murderer today. Twenty-five days Less than 5 minutes later, this young Restore our faith. Remind us that is much too long. man is dead. You are our hope. For the sake of Him We must stand up for justice. We This is not acceptable in this society. who died young so that we all might must stand up for Trayvon. And we I have asked that the Justice Depart- have a future, we pray. must stand up for our children. ment—and I want to thank all of the Amen.

VerDate Mar 15 2010 05:47 Mar 22, 2012 Jkt 019060 PO 00000 Frm 00009 Fmt 4634 Sfmt 0634 E:\CR\FM\K21MR7.014 H21MRPT1 jbell on DSK7SPTVN1PROD with HOUSE H1438 CONGRESSIONAL RECORD — HOUSE March 21, 2012 THE JOURNAL HAZING HEARING COMMEMORATING THE 51ST ANNI- VERSARY OF THE PEACE CORPS The SPEAKER pro tempore. The (Ms. CHU asked and was given per- Chair has examined the Journal of the mission to address the House for 1 (Mr. CICILLINE asked and was given last day’s proceedings and announces minute.) permission to address the House for 1 to the House her approval thereof. Ms. CHU. A year ago, on April 3, on minute.) Pursuant to clause 1, rule I, the Jour- a Marine base in Afghanistan, Harry Mr. CICILLINE. Madam Speaker, I nal stands approved. Lew was the victim of hazing. He was Mr. MILLER of North Carolina. rise to commemorate the 51st anniver- punched and kicked by his peers as sary of the United States Peace Corps. Madam Speaker, pursuant to clause 1, they poured the contents of a sandbag Since its founding in 1961, the Peace rule I, I demand a vote on agreeing to over his face and mouth. This physical Corps has sent 200,000 American men the Speaker’s approval of the Journal. torture and hazing lasted a full 3 hours and women to serve in 139 countries. The SPEAKER pro tempore. The and 20 minutes. Twenty-two minutes Among the 9,000 serving around the question is on the Speaker’s approval after his abusers stopped, Harry killed world today are residents of Rhode Is- of the Journal. himself. He was my nephew. The question was taken; and the land’s First Congressional District: Speaker pro tempore announced that The perpetrators were let off with Sara Chace, Jenna de St. Jorre, An- the ayes appeared to have it. virtually no punishment. That is why, drew Egan, Frank Hoder, Daniel Malin, Mr. MILLER of North Carolina. for months after his death, I have been Peter Pagonis, and Daniel Restivo. Madam Speaker, I object to the vote on calling for congressional hearings to look into the prevalence of hazing in Peace Corps volunteers create new the ground that a quorum is not opportunities, expand development, present and make the point of order the military. The military must implement a zero tolerance policy and must and encourage progress around the that a quorum is not present. world. Year after year, these selfless The SPEAKER pro tempore. Pursu- change the culture of hazing that is not only accepted but encouraged. men and women immerse themselves in ant to clause 8, rule XX, further pro- the day-to-day life of a developing na- ceedings on this question will be post- Tomorrow, almost on the anniver- tion, connect with local residents, and poned. sary of his needless and avoidable work with them to share information. The point of no quorum is considered death, Congress will act. I urge all of With the implementation of new poli- withdrawn. you to watch online the Armed Serv- cies this year for the Peace Corps Re- ices Committee hearing on hazing in f sponse program, even more volunteers the military. will be eligible to help those most in PLEDGE OF ALLEGIANCE We can and we must hold the mili- need. The SPEAKER pro tempore. Will the tary accountable so no one will ever I applaud the Peace Corps for its ac- gentlewoman from New York (Ms. again have to go through what Harry complishments, and offer my thanks to SLAUGHTER) come forward and lead the endured. the dedicated volunteers that make it House in the Pledge of Allegiance. so successful, and I thank them for the Ms. SLAUGHTER led the Pledge of f difference they’re making in the world. Allegiance as follows: I pledge allegiance to the Flag of the WHERE HAVE ALL THE C–130S f United States of America, and to the Repub- GONE? lic for which it stands, one nation under God, indivisible, with liberty and justice for all. (Mr. POE of Texas asked and was TRUE COSTS OF OBAMACARE ARE f given permission to address the House EXPOSED for 1 minute.) (Mr. WILSON of South Carolina ANNOUNCEMENT BY THE SPEAKER Mr. POE of Texas. Madam Speaker, asked and was given permission to ad- PRO TEMPORE the gulf coast is known for its whip- dress the House for 1 minute and to re- The SPEAKER pro tempore. The whirling tropical storms, devastating vise and extend his remarks.) Chair will entertain up to 15 requests hurricanes, wildfires, and floods; and for 1-minute speeches on each side of whenever such storms hit, C–130 air- Mr. WILSON of South Carolina. the aisle. craft sweep in from Fort Worth, Texas, Madam Speaker, during the President’s effort to lobby for the government f at a moment’s notice. They bring lifesaving supplies and cargo to rescue ci- takeover of health care, he promised CONGRATULATING MONICA vilians. The C–130s have carried out 423 the American people his proposal KAUFMAN gulf storm response missions, evacu- would cost $940 billion and ‘‘won’t add (Mr. PRICE of Georgia asked and was ated 300 storm victims, and transported a dime to the deficit and is paid for up- given permission to address the House over 900 tons of emergency supplies to front.’’ for 1 minute.) the gulf region alone. The Washington Examiner editorial- Mr. PRICE of Georgia. Madam But, Madam Speaker, for some rea- ized last week the President ‘‘knew the Speaker, great communities are made son, the Air Force wants to remove the funny numbers his administration was up of wonderful people, and Atlanta is C–130s from Texas and send them to putting out,’’ but delivered a speech a great community. Montana. Madam Speaker, when is the with blunders anyway. Monica Kaufman has been an inte- last time you heard of a hurricane in Last week, the Congressional Budget gral champion in making Atlanta a Montana? Office released a report stating that great community. For nearly 40 years, The expensive, unwise transfer of the ObamaCare will cost $1.76 trillion, a she’s been an anchor on WSB TV in At- C–130s would cost taxpayers $100 mil- figure almost double the initial price lanta. Now, sadly, she’s retiring. lion. tag that he promised. From her warm smile, to her anx- iously anticipated hair style, to her The C–130s have come to the rescue Based on these reports, it is clear passion and her warmth for our beloved in Hurricanes Katrina, Rita, Ike, and that the false claims are being exposed. metro Atlanta, we all love Monica Gustav. When I served in a C–130 unit House Republicans have already voted Kaufman. What a great champion of at Houston’s Ellington Field in the sev- to repeal the unconstitutional govern- goodwill, southern charm, and spirit enties, I came to know how efficient ment takeover of health care, which she has been. these aircraft are. That’s why they are the NFIB has said it will destroy 1.6 And for all the wonderful work she’s nicknamed the ‘‘Hercules.’’ million jobs. The Senate now needs to given to our region and our State and Keep these lifesaving planes in the vote. our Nation, Monica, we love you, and gulf where they are needed. Don’t send In conclusion, God bless our troops, we wish you Godspeed in your future them to Montana. and we will never forget September the activities and your future happiness. And that’s just the way it is. 11th in the global war on terrorism.

VerDate Mar 15 2010 05:47 Mar 22, 2012 Jkt 019060 PO 00000 Frm 00010 Fmt 4634 Sfmt 0634 E:\CR\FM\K21MR7.017 H21MRPT1 jbell on DSK7SPTVN1PROD with HOUSE March 21, 2012 CONGRESSIONAL RECORD — HOUSE H1439 WOMEN’S HEALTH WEDNESDAY: HEALTH CARE REFORM ica’s and Atlanta’s top news leader, AFFORDABLE CARE ACT’S BENE- (Mr. HOYER asked and was given Monica Kaufman Pearson, for her out- FITS FOR WOMEN permission to address the House for 1 standing career and significant con- (Ms. EDDIE BERNICE JOHNSON of minute.) tributions to broadcast journalism. Texas asked and was given permission Mr. HOYER. Madam Speaker, I We love you, Monica, and we’ll miss to address the House for 1 minute.) thank the gentlewoman from New you. God bless you. Ms. EDDIE BERNICE JOHNSON of York for yielding time. I’m proud to f Texas. Madam Speaker, for decades, stand with her and with other Demo- women in this country have unfairly cratic Members in support of women’s THE AFFORDABLE CARE ACT access to comprehensive, affordable borne the burden of excessive health (Mr. MILLER of North Carolina health care, access that was greatly ex- care costs. Fortunately, through the asked and was given permission to ad- panded by the Affordable Care Act Affordable Care Act, millions of women dress the House for 1 minute.) which passed 2 years ago this week and no longer have to worry about going Mr. MILLER of North Carolina. which my Republican colleagues want bankrupt if they get sick. Madam Speaker, I rise today to sup- to repeal. The Affordable Care Act ensures that port the provisions in the Affordable Thanks to health care reform, over 13 being a woman will no longer be treat- Care Act that close the gender gap in million previously uninsured women ed as a preexisting condition. The Af- health care. Beginning in 2014, health will gain access to health insurance. fordable Care Act bans insurance com- insurers cannot charge women more Thanks to health reform, insurance panies from requiring women to obtain just because of their gender. Health in- companies will no longer be allowed to a referral for access to necessary OB/ surers cannot deny coverage because of discriminate against women by charg- GYN care and bans insurance compa- preexisting conditions like having suring them higher premiums than men nies from dropping women when they vived cancer or having been pregnant for the same exact policy or by denying get sick or pregnant. or having been a victim of domestic vi- them coverage altogether simply be- Despite these accomplishments in olence, a condition that is almost as cause they are women. Thanks to women’s health, the war on women disproportionately experienced by health care reform, millions of women continues in Texas. Governor Perry’s women as pregnancy. And health care with private insurance will no longer political decision to forgo nearly $40 will have to cover preventive services have to pay for preventive services like million in Federal funding for the like mammograms, screening for cer- mammograms, cervical cancer screen- Texas Medicaid Women’s Health Pro- vical cancer and, yes, contraception. ing, contraception, and a host of other gram will leave 130,000 women without Republicans in Congress are trying to services. access to preventative health services. block these and other reforms so that As a dad of three daughters, as a Despite these obstacles, I will con- health insurers or employers or Mem- grandfather of two granddaughters, tinue to fight for the increased access bers of Congress can make women’s and as a great grandfather of one great to quality health care for women in health and reproduction decisions rath- granddaughter, I am glad we did that. Texas. er than trust those decisions to women. And thanks to the Affordable Care Act, Madam Speaker, women can make f preventive services are already free for those decisions. They really don’t need Medicare beneficiaries. help from insurers or employers or b 1210 If I had the time, I’d say the other politicians or radio talk-show hosts. benefits of this bill that we ought to Women want to make those important PROTECTING ACCESS TO keep, and I will not join my friend from personal decisions for themselves, and HEALTHCARE ACT New Hampshire in trying to repeal a they should. (Mr. BASS of New Hampshire asked provision of this act. and was given permission to address f f the House for 1 minute.) Mr. BASS of New Hampshire. Madam PAYING TRIBUTE TO MONICA PROTECTING ACCESS TO Speaker, today the Congress will take PEARSON HEALTHCARE ACT up H.R. 5, Protecting Access to (Mr. BROUN of Georgia asked and (Mr. OLSON asked and was given per- Healthcare Act. Amongst other things, was given permission to address the mission to address the House for 1 this bill will repeal the Independent House for 1 minute and to revise and minute and to revise and extend his re- Payment Advisory Board, one of the extend his remarks.) marks.) many ill-conceived provisions that was Mr. BROUN of Georgia. I rise today Mr. OLSON. Madam Speaker, I rise part of the so-called Affordable Care to give a tribute to a friend, a tele- to speak in strong support of H.R. 5, Act. This independent advisory board vision broadcast icon, the talented and the PATH Act, which will fix two of basically has charged 15 unelected indi- eloquent Monica Kaufman Pearson. the worst problems with ObamaCare. It viduals with making decisions about In 1975, Monica became the first Afri- repeals the Independent Payment Advi- what’s covered for both patients below can American, in fact, the first female, sory Board, a group of 15 bureaucrats the age of 65 and Medicare recipients. to anchor a daily evening newscast in who will ration health care for seniors It is the Affordable Care Act’s way of Atlantic. Years later, it was revealed on Medicare. reducing costs, i.e., telling doctors and that she beat out Jane Pauley and H.R. 5 enacts medical liability re- patients what they can do and what Oprah Winfrey for the coveted position. form. Each year, one-fourth of Amer- they can’t do. Fifteen unelected bu- And just like these high-profile women, ica’s doctors are hit with lawsuits, and reaucrats in Washington, D.C., are Monica has risen to achieve extraor- 90 percent of them are later found inno- going to tell you what you can do. dinary success. cent. These frivolous lawsuits drive up They stand ahead of you and your doc- For her diligent reporting and superb costs and limit patients’ time with tor. storytelling, she has won 30 Emmy their doctors. In 2003, my home State Now, this bill did not make it to the Awards and numerous honors. How- of Texas enacted liability reforms, floor last year. It will make it to the ever, Monica does not simply report bringing more than 14,000 new physi- floor this year with bipartisan support. the evening news. I can confidently say cians to the Lone Star State. Many of It costs $3.1 billion, which is made up that she is one of Georgia’s finest. these doctors moved to rural areas, fill- with a tort law reform provision which Throughout the years, she has lent her ing a critical gap in care. has been added. But that shows that voice to efforts and charitable causes Madam Speaker, these reforms have $3.1 billion is what’s saved by denying within her community, living out her lowered costs and increased access to Americans access to health care that motto: It’s what you do with what you care in Texas and will do the same for they’ve purchased or that they deserve. have that makes you what you are. America. I urge my colleagues to listen Join me in repealing the Independent On behalf of the United States Con- to the American people and support Payment Advisory Board. gress, it is my privilege to honor Amer- H.R. 5.

VerDate Mar 15 2010 23:59 Mar 21, 2012 Jkt 019060 PO 00000 Frm 00011 Fmt 4634 Sfmt 0634 E:\CR\FM\K21MR7.019 H21MRPT1 jbell on DSK7SPTVN1PROD with HOUSE H1440 CONGRESSIONAL RECORD — HOUSE March 21, 2012 WOMEN’S HEALTH AND THE I wish Ms. Pearson the best in her fu- crat colleagues support making it more AFFORDABLE CARE ACT ture endeavors. difficult for a senior to obtain the care (Ms. DELAURO asked and was given And, Monica, the nightly news will that she needs and deserves. permission to address the House for 1 not be the same without you. Thank The faith that centralized planning minute and to revise and extend her re- you very much. of the IPAB will be successful in controlling costs brings to mind Samuel marks.) f Ms. DELAURO. Madam Speaker, Johnson’s quote regarding second mar- b 1220 among the many beneficial reforms for riages: ‘‘It is the triumph of hope over women in the Affordable Care Act AFFORDABLE CARE ACT AND experience.’’ passed 2 years ago this week is an end WOMEN f to the discriminatory practice of gen- (Ms. SLAUGHTER asked and was REMEMBERING THE REVEREND der rating in which individual women given permission to address the House MAURICE MOYER are charged more than men for the for 1 minute and to revise and extend (Mr. CARNEY asked and was given same coverage. We know for a fact that her remarks.) permission to address the House for 1 these sorts of discriminatory policies Ms. SLAUGHTER. Madam Speaker, 2 minute.) are not something that insurers would years ago, I was really honored to serve Mr. CARNEY. Madam Speaker, I rise just change on their own. as the chair of the House Committee on today to remember the Reverend Mau- According to a report that the Na- Rules and bring this historic Afford- rice Moyer, who died Tuesday, March 6, tional Women’s Law Center released able Care Act to the House floor. It was at age 93. earlier this week, over 90 percent of the one of my proudest moments. I’m Rev. Moyer was one of Delaware’s best-selling plans in States that have standing here today, equally proud to most respected and beloved citizens, not already banned gender rating still defend that law from the ongoing war and a prominent civil rights leader. charge women more than men for the on women. As president of the Wilmington very same coverage. This costs women When it comes to health care, women Branch of the NAACP from 1960 to 1964, and their families approximately $1 bil- are classified as a preexisting condi- Rev. Moyer led the fight for open pub- lion a year. Because we fought—and we tion. For decades, women have been lic accommodations and fair housing. fought hard 2 years ago—gender rating routinely charged more for health in- He was part of the 1963 March on Wash- will be a thing of the past in 2014. At surance than a man who seeks the very ington, and participated in the voting long last, a woman’s health will be put same coverage. rights march from Selma to Mont- on equal footing with that of her Did you know that if a business em- gomery in 1965. spouse, her son, or her brother. ploys more women than men, it can Rev. Moyer fought tirelessly for This is just one of the many benefits choose to raise everybody’s premiums, equal rights for all and was an inspira- for women in the Affordable Care Act. regardless of gender, to cover the high- tion to everyone who knew him. He did I could not be more proud to have er cost, which is, in their mind, of inso much to make Delaware and our helped pass this piece of legislation, suring women? country a better place for all of us. which will transform women’s health Women not only pay for standard in- It was a privilege for me to know him in this country. surance coverage, but they also pay a personally and to join his family and f separate cost for maternity coverage. friends for his 90th birthday party, where we celebrated his incredible life CONGRATULATING MONICA In Illinois, a 30-year-old woman must pay $278 a month and an additional $270 and legacy. KAUFMAN PEARSON I will always remember Rev. Moyer’s a month for maternity coverage in case (Mr. WESTMORELAND asked and broad smile, his strong voice, and his she needs it. was given permission to address the kind heart. My thoughts and prayers Insurance companies claim that House for 1 minute and to revise and go out to his family and friends. these added costs are because women extend his remarks.) f Mr. WESTMORELAND. Madam are more likely to visit doctors, get Speaker, I would like to join with my checkups, take prescription drugs, and IPAB other Georgia colleagues today in con- have illnesses. Everyone knows that (Mr. BILIRAKIS asked and was given gratulating Monica Kaufman Pearson preventative care—everyone but the in- permission to address the House for 1 on a distinguished career. surance companies, apparently—saves minute and to revise and extend his re- Ms. Pearson, known to most of us us money in the long run. We women in marks.) that have been watching her for a long the majority of the United States are Mr. BILIRAKIS. Madam Speaker, I time as Monica Kaufman, is retiring tired of being second-class citizens. rise today to express my concern with after more than 30 years as a f the Independent Payment Advisory ‘‘Nightbeat’’ anchor for WSB-TV and Board. This unelected bureaucracy is IPAB Channel 2 News in Atlanta. another example of the extreme flaws I, along with many Georgians, have (Mr. CASSIDY asked and was given in the massive health care overhaul. welcomed Ms. Pearson into my home permission to address the House for 1 The power that would be wielded by every night while watching the news. minute and to revise and extend his re- the IPAB is unprecedented. More trou- Although her retirement is well de- marks.) bling, it diminishes the oversight abil- served, she will be missed by us all. Mr. CASSIDY. Madam Speaker, I’m a ity of Congress—a fundamental ele- After graduating from the University doctor. And as a doctor who still treats ment of our Nation’s system of checks of Louisville, Ms. Pearson began her patients, I understand how important and balances. career as a reporter for the Louisville it is to have health care for the mil- Many doctors and care providers in Times. Later she took part in the Sum- lions of Americans who depend upon it, my home State of Florida are already mer Program for Minority Groups at particularly Medicare. Therefore, I unable to accommodate the new Medi- the Graduate School of Journalism, Co- fully support the repeal of the Inde- care beneficiaries. The IPAB will cre- lumbia University of New York. Before pendent Payment Advisory Board, a ate further uncertainty and could cer- coming to Atlanta, Ms. Pearson new government bureaucracy of 15 tainly harm seniors’ ability to access worked in the public relations field and unelected, unaccountable officials cre- care. as an anchor for WHAS-TV in Louis- ated by the President’s health care Madam Speaker, this health care bill ville. law. is not working. We hear about major Even with her retirement, I know she Now, as it turns out, the IPAB can problems from every facet of the will continue to be a role model for the only save money by slashing payments health care system, both patients and citizens of Georgia and continue using to physicians, to Medicare Advantage providers. Repealing the IPAB is an her helping hands to raise money for plans and prescription drug plans— important step in rolling back this charity and local community organiza- things that our seniors depend upon deeply flawed and unpopular health tions. daily. I cannot imagine why my Demo- care bill.

VerDate Mar 15 2010 23:59 Mar 21, 2012 Jkt 019060 PO 00000 Frm 00012 Fmt 4634 Sfmt 0634 E:\CR\FM\K21MR7.021 H21MRPT1 jbell on DSK7SPTVN1PROD with HOUSE March 21, 2012 CONGRESSIONAL RECORD — HOUSE H1441 RYAN BUDGET PLAN malpractice suits filed in the United In addition, the HEALTH Act is abso- (Ms. BERKLEY asked and was given States are ‘‘without merit.’’ Well, what lutely needed. I’ve been working on permission to address the House for 1 does that do? That dramatically in- medical malpractice issues since my minute and to revise and extend her re- creases the cost of health care because time in the Ohio General Assembly marks.) so many doctors out there will tell you when we passed successful tort reform. Ms. BERKLEY. Madam Speaker, I that many of the tests they run on us The current system is broken and feel as if it’s deja vu all over again. are not because of our health, to look places a $210 billion burden on our Na- Just 1 year ago, Washington Repub- at health outcomes; it’s to avoid frivo- tion’s health system each year. H.R. 5 licans proposed a plan to kill Medicare lous lawsuits. We finally addressed will bring savings for patients and doc- by turning it over to private insurance that, lowering the costs and improving tors, and is an important step in help- companies. It passed the House and quality of care. ing to make sure our Medicare liability luckily failed in the Senate. f system works in this country. Now, just 1 year later, Republicans I support both bills. WAR ON WOMEN’S HEALTH are pushing yet another plan to kill f (Mr. BUTTERFIELD asked and was Medicare and devastate Nevada seniors BENEFITS OF THE AFFORDABLE given permission to address the House by forcing them to pay thousands more CARE ACT out of their own pockets for health for 1 minute.) care. Madam Speaker, it was a bad idea Mr. BUTTERFIELD. Madam Speak- (Mrs. CAPPS asked and was given for Nevada seniors when it was first er, over the past several months, we permission to address the House for 1 proposed, it’s a bad idea for Nevada have seen Republicans wage war on minute and to revise and extend her re- seniors now. women’s health. Nowhere can the Re- marks.) Unfortunately, these are the kinds of publican zeal for limiting women’s ac- Mrs. CAPPS. Madam Speaker, I rise priorities we have come to expect from cess to affordable quality health care to recognize the ways that young peo- Washington Republicans. Instead of be seen more clearly than in their at- ple in my congressional district and strengthening Medicare, Washington tempt to dismantle the Affordable Care around the country are benefiting from Republicans have spent this year try- Act. the Affordable Care Act. ing to undermine it in order to pay for Improving health care has long been Before health reform, young adults massive taxpayer giveaways to big oil a priority for women, reflecting their were the age group most likely to be companies making billions in profits experiences as patients, mothers, and uninsured, losing their coverage right and tax breaks for corporations who caregivers. For decades insurance com- after they left home and entered the are shipping our jobs overseas. It’s a panies have been able to deny coverage workforce; but thanks to the health re- matter of getting our priorities and charge higher rates for women sim- form law, 21⁄2 million young people, in- straight, and the Republicans in Wash- ply because of their gender. Thanks to cluding nearly 10,000 in my commu- ington just don’t get it. the Affordable Care Act—the greatest nities, now have health insurance. And We need to put Nevada’s seniors first, advancement for women’s health in a some of them have reached out to tell not Big Oil executives, not Wall Street generation—this will no longer be us how the law is working for them and billionaires. We must focus on creating legal. This law moves us closer to the for their families. jobs, not on killing Medicare by turn- day when essential women’s health Jamie from Santa Barbara wrote: ing it over to greedy insurance compa- services are covered, prevention is a I got back on my parents’ insurance and nies. priority, and care is coordinated. was finally able to visit the dentist and get a new prescription for eyeglasses that I des- f On the eve of the 2-year anniversary of the Affordable Care Act, I join my perately needed. MEDICAL MALPRACTICE REFORM colleagues in protecting health care re- Maria from Oxnard says: (Mr. SCALISE asked and was given form for women, and I rebuke all at- As a recent graduate. I felt completely vul- permission to address the House for 1 tempts to continue discriminatory nerable. With health care reform, I am now minute.) health insurance policies that result in able to stay with my parents’ health insur- Mr. SCALISE. Madam Speaker, I rise women paying more than men. ance, which has given me peace of mind in strong support of H.R. 5, the bill while I search for employment. that we’re bringing to the floor today f Madam Speaker, health reform is to repeal the Independent Payment Ad- b 1230 working for young people on Califor- visory Board, this group of 15 unelected nia’s central coast. We must ensure the THE HEALTH ACT OF 2011 bureaucrats here in Washington, D.C., law stays strong to keep them and that, under the President’s health care (Mr. LATTA asked and was given their families healthy, and I’ll say the law, would be able to ration care for permission to address the House for 1 same for this entire Nation. our Nation’s seniors. minute and to revise and extend his re- f I think most hardworking American marks.) HONORING THE 40TH ANNIVER- families out there would much rather Mr. LATTA. Madam Speaker, I rise SARY OF TAN HOLDINGS COR- the decisions on health care to be made in support of H.R. 5, the Help Efficient, PORATION between a patient and a doctor, not Accessible, Low-cost, Timely some unelected bureaucrats to be al- Healthcare Act of 2012, which also con- (Mr. SABLAN asked and was given lowed to ration our grandmother’s tains H.R. 452, the Medicare Decisions permission to address the House for 1 care. So that’s why we’re repealing this Accountability Act of 2012. I’m a co- minute and to revise and extend his re- law. Hopefully, it’s going to be sent sponsor of both of these very important marks.) over to the Senate, and we’ll finally be pieces of legislation. Mr. SABLAN. Madam Speaker, 40 able to get some good bipartisan sup- The Independent Payment Advisory years ago, Dr. Tan Siu Lin founded port over there. Board, IPAB, must be repealed, as this what is known as Tan Holdings, the As part of this reform, we are also board will have extremely negative largest private employer in the North- not just repealing, we’re replacing with consequences on American families’ ern Mariana Islands. real commonsense medical liability re- health care. This board of unelected Over four decades, Dr. Tan, together form. This is something that should members will be making decisions for with his wife and their children, nur- have been in the President’s law, but of tens of thousands of Medicare patients. tured their small, homegrown business course his law wasn’t about reform; it The power to control the purse strings into an international powerhouse. Tan was about a government takeover. We will give enormous power to control Holdings has become one of the re- are actually putting in place legisla- what type of care a patient receives. I gion’s most important tourism busi- tion that would put commonsense med- strongly believe that physicians and nesses, with hotels, booking agencies, ical liability reform in place. patients are in the best position to de- and, soon, an airline, Saipan Air. The According to the Harvard School of cide their own health care, and IPAB company also provides personal and Public Health, 40 percent of medical must be repealed. corporate insurance, distributes some

VerDate Mar 15 2010 23:59 Mar 21, 2012 Jkt 019060 PO 00000 Frm 00013 Fmt 4634 Sfmt 0634 E:\CR\FM\K21MR7.022 H21MRPT1 jbell on DSK7SPTVN1PROD with HOUSE H1442 CONGRESSIONAL RECORD — HOUSE March 21, 2012 of the world’s best known consumer From 2014, that will not be the case H. CON. RES. 108 goods in our islands, is active in real because of the Affordable Care Act. But Resolved by the House of Representatives (the estate, and publishes a newspaper. just a few months ago, efforts by Re- Senate concurring), In addition to these business accom- publicans were to block contraception. SECTION 1. USE OF ROTUNDA FOR HOLOCAUST plishments, Tan Holdings has estab- Now the attempts are to repeal the Af- DAYS OF REMEMBRANCE CERE- lished the Tan Siu Lin Foundation, fordable Care Act. This is the act MONY. The rotunda of the Capitol is authorized to which has donated millions of dollars that’s been the great equalizer for be used on April 19, 2012, for a ceremony as to deserving causes and activities in women and children. part of the commemoration of the days of re- our islands, setting an example of so- Don’t let them turn the clock back. membrance of victims of the Holocaust. cial responsibility. We should not have to do another hun- Physical preparations for the ceremony shall Please join me in congratulating Tan dred years of battle for equality. be carried out in accordance with such condi- Holdings for its 40 years helping to f tions as the Architect of the Capitol may prescribe. build the economy of the Northern THE CRISIS IN KORDOFAN AND The concurrent resolution was agreed Mariana Islands and economies BLUE NILE throughout Micronesia. to. (Mr. MORAN asked and was given f A motion to reconsider was laid on permission to address the House for 1 the table. THE AFFORDABLE CARE ACT minute and to revise and extend his re- f (Ms. PINGREE of Maine asked and marks.) was given permission to address the Mr. MORAN. Madam Speaker, today, HOUR OF MEETING ON TOMORROW House for 1 minute and to revise and in Sudan, tens of thousands of men, women, and children are huddled in Mr. NUGENT. Madam Speaker, I ask extend her remarks.) unanimous consent that when the Ms. PINGREE of Maine. Madam caves in the Nuba Mountains of South Kordofan and at Blue Nile state, where House adjourns today, it adjourn to Speaker, in the 2 years since its enact- meet at 10 a.m. tomorrow. ment, the Affordable Care Act has they’re hiding from aerial bombard- ment and rocket attacks unleashed by The SPEAKER pro tempore. Is there truly improved health care for families objection to the request of the gen- in Maine: the Sudanese Government in Khar- toum. tleman from Florida? It has given 190,000 seniors access to There was no objection. free preventative care and saved them They have nothing to eat because over $5 million in prescription drug they’ve not been able to plant crops f costs; it has allowed 7,000 young adults this year. And although the world stands ready to provide lifesaving as- ANNOUNCEMENT BY THE SPEAKER to stay on their parents’ insurance; PRO TEMPORE and, in Maine, it has helped 1,300 small sistance, that same government in businesses provide their employees Khartoum refuses to allow them access The SPEAKER pro tempore. Pursu- with health coverage. to it. When the rainy season descends ant to clause 8 of rule XX, the Chair More critical benefits are on the way, on Sudan in the coming weeks, it will will postpone further proceedings including banning insurance companies be too late to get food in and these peo- today on the motion to suspend the from charging women more simply be- ple will face starvation. rules on which a recorded vote or the Madam Speaker, for decades, this cause of their gender. yeas and nays are ordered, or on which Yet here we are again, debating how Congress and successive U.S. adminis- the vote incurs objection under clause to undo these successes, debating how trations have expressed the will of the 6 of rule XX. to block women’s access to contracep- American people that we will not allow Any record vote on the postponed tives, and, this week, considering pro- so many innocent people to die in a question will be taken later today. struggle for land and power. posals to dismantle Medicare and shift f I ask my colleagues to condemn the the cost back to seniors. Sudanese Government’s assault on in- b 1240 This must stop. We can’t afford to go nocent people and denounce President back to the status quo—denying UNITED STATES MARSHALS SERV- Omar al-Bashir’s decision to use food women equal access to care, or telling ICE 225TH ANNIVERSARY COM- as a weapon of war. seniors they’re on their own, or letting We have little economic or political MEMORATIVE COIN ACT families go bankrupt just because interest in this situation, but we do Mr. STIVERS. Madam Speaker, I someone got sick. have a profound moral obligation to move to suspend the rules and concur We must let the Affordable Care Act speak out. Khartoum must withdraw in the Senate amendment to the bill stand so more Americans have the its armed forces, stop attacking civil- (H.R. 886) to require the Secretary of chance to reap the benefits of true ians, and allow humanitarian access the Treasury to mint coins in com- health care reform. immediately. memoration of the 225th anniversary of f f the establishment of the Nation’s first DO NOT TURN THE CLOCK BACK Federal law enforcement agency, the PERMITTING THE USE OF THE RO- United States Marshals Service. (Ms. HANABUSA asked and was TUNDA OF THE CAPITOL FOR A The Clerk read the title of the bill. given permission to address the House CEREMONY AS PART OF THE The text of the Senate amendment is for 1 minute.) COMMEMORATION OF THE DAYS as follows: Ms. HANABUSA. Madam Speaker, OF REMEMBRANCE OF VICTIMS it’s been about 236 years since we de- OF THE HOLOCAUST Senate amendment: clared independence, but it’s only been At the end, add the following: Mr. NUGENT. Madam Speaker, I ask SEC. 8. FINANCIAL ASSURANCES. 92 years since women could vote. We unanimous consent that the Com- have fought for equality, fighting our The Secretary shall take such actions as mittee on House Administration be dis- may be necessary to ensure that— way from being second-class citizens. charged from further consideration of (1) minting and issuing coins under this One such battle is the discrimination House Concurrent Resolution 108, and Act will not result in any net cost to the in health care. ask for its immediate consideration in United States Government; For so long, insurance companies the House. (2) no funds, including applicable sur- have denied coverage for preexisting The Clerk read the title of the con- charges, shall be disbursed to any recipient conditions like pregnancy, breast can- designated in section 7 until the total cost of current resolution. designing and issuing all of the coins author- cer, C-sections, and domestic abuse. The SPEAKER pro tempore. Is there Ninety percent of the best-selling plans ized by this Act (including labor, materials, objection to the request of the gen- dies, use of machinery, overhead expenses, charge women more. Some plans re- tleman from Florida? marketing, and shipping) is recovered by the quire women to even get a pre-author- There was no objection. United States Treasury, consistent with sec- ization before they can seek OB–GYN The text of the concurrent resolution tions 5112(m) and 5134(f) of title 31, United services. is as follows: States Code.

VerDate Mar 15 2010 00:50 Mar 22, 2012 Jkt 019060 PO 00000 Frm 00014 Fmt 4634 Sfmt 0634 E:\CR\FM\K21MR7.024 H21MRPT1 jbell on DSK7SPTVN1PROD with HOUSE March 21, 2012 CONGRESSIONAL RECORD — HOUSE H1443 The SPEAKER pro tempore. Pursu- could concentrate on the cases before I want to thank the Speaker of the ant to the rule, the gentleman from them. They made sure that the water House and Leader CANTOR and Chair- Ohio (Mr. STIVERS) and the gentleman pitchers were filled, the prisoners were man BACHUS for giving me the honor from North Carolina (Mr. MILLER) each present, the jurors were available, and and privilege of helping shepherd this will control 20 minutes. the witnesses were on time. important piece of legislation through The Chair recognizes the gentleman But that was really only part of what the House. from Ohio. the marshals did. As was already mentioned in pre- GENERAL LEAVE When George Washington set up his vious remarks, this bill, H.R. 886, Mr. STIVERS. I ask unanimous con- first administration and Congress first passed overwhelmingly through this sent that all Members have 5 legisla- convened, they both quickly discovered House with only a single dissenting tive days in which to revise and extend a gap in the constitutional design of vote late last year in the first year of their remarks and to add extraneous our government. It had no provision for the 112th Congress. It’s gone over to material to the bill. any administrative structure through- the Senate, and it’s come back with an The SPEAKER pro tempore. Is there out the country. Both the Congress and amendment that simply reassures the objection to the request of the gen- the Executive were housed in the Na- American people that none of the pro- tleman from Ohio? tion’s capital, and no agency was es- duction costs or other costs associated There was no objection. tablished or designed to represent the with the minting of this coin that com- Mr. STIVERS. I yield myself as much Federal Government anywhere else. memorates the 225th anniversary of the time as I may consume. The need for a national organization Marshals service will be borne by the I rise today to urge the House to con- quickly became apparent. taxpayers. cur in two minor amendments made by Congress and the President solved So it just further assures the dis- the Senate to H.R. 886, introduced by that in part by creating specialized cerning public out here that the effort the gentleman from Arkansas (Mr. agencies, like customs and revenue col- that we’re doing today in honoring a WOMACK) and passed by the House last lectors to levy taxes and tariffs, but great law enforcement agency in the December with more than 300 cospon- there were still many other jobs in the U.S. Marshals Service at the same time sors. Federal Government that needed to be does not cost the taxpayers any money. The amendments, which are done and no one to do them. The only So I urge strong support for this bill, unobjectionable, merely certify that officers available to do it were the as amended. the coins produced under the program marshals and their deputies. Mr. MILLER of North Carolina. So the marshals were pretty much outlined in the bill will comply with Madam Speaker, we have no further the Federal Government throughout existing law requiring that they be pro- speakers. much of the country, and they pretty I yield back the balance of my time. duced at no cost to the taxpayers. much did everything. They took the Mr. STIVERS. Madam Speaker, I Madam Speaker, 112 Congresses ago, national census every 10 years until have no further speakers. I urge adop- during the first session of the first Con- 1870; they distributed Presidential tion. gress, George Washington signed into proclamations, collected a variety of I yield back the balance of my time. law the Judiciary Act and appointed statistical information on commerce The SPEAKER pro tempore. The the first 13 men who formed the basis and manufacturing; they supplied the question is on the motion offered by for the Nation’s first Federal law en- names of government employees for the gentleman from Ohio (Mr. STIVERS) forcement agency. The Marshals Serv- the national register; and they per- that the House suspend the rules and ice will celebrate its 125th anniversary formed other routine tasks that were concur in the Senate amendment to in 3 years. This legislation authorizes really necessary for the central govern- the bill, H.R. 886. issuance of coins recognizing that anni- ment, the Federal government, to func- The question was taken. versary. tion effectively. The SPEAKER pro tempore. In the Surcharges on the coin sales will gen- Over the past 200 years, Congress and opinion of the Chair, two-thirds being erate funds for a number of law en- the President have called on the mar- in the affirmative, the ayes have it. forcement-related entities, primarily shals to do all manner of things: to Mr. MILLER of North Carolina. the U.S. Marshals Museum. I urge carry out unusual and extraordinary Madam Speaker, on that I demand the adoption of the bill as amended. missions like registering enemy aliens yeas and nays. The yeas and nays were ordered. I reserve the balance of my time. in time of war, capturing fugitive Mr. MILLER of North Carolina. The SPEAKER pro tempore. Pursu- slaves from that lamentable period of ant to clause 8 of rule XX, further pro- Madam Speaker, I yield myself such our history, sealing the American bor- time as I may consume. ceedings on this question will be post- der against armed expeditions aimed at poned. The Offices of the U.S. Marshals and foreign countries, and swapping spies Deputy Marshal were created by the with the Soviet Union. They remained f first Congress in the Judiciary Act of a law enforcement agency. PROVIDING FOR CONSIDERATION 1789, the same legislation that estab- Within the last decade, the marshals OF H.R. 5, PROTECTING ACCESS lished the Federal judicial system. The retrieved North Carolina’s, my State’s, TO HEALTHCARE ACT marshals were given extensive author- copy of the Bill of Rights in a sting op- Mr. NUGENT. Madam Speaker, by di- ity to support the Federal courts with- eration. North Carolina’s copy had in their judicial districts and to carry rection of the Committee on Rules, I been stolen by Sherman’s men when call up House Resolution 591 and ask out all lawful orders issued by judges, Sherman’s army came through Raleigh by Congress, or by the President. for its immediate consideration. after they went through Atlanta and The Clerk read the resolution, as fol- Their first duty was to support the treated Raleigh with the same loving Federal courts, and they served sum- lows: attention and care that they had shown H. RES. 591 mons, subpoenas, writs, warrants, and Atlanta. We are proud now to have our other processes issued by the courts, Resolved, That at any time after the adop- copy back and thank the marshals for tion of this resolution the Speaker may, pur- made any arrests necessary, and han- having done it. suant to clause 2(b) of rule XVIII, declare the dled the prisoners. They disbursed the Madam Speaker, I support this de- House resolved into the Committee of the money. The marshals paid the fees and served honor for our Marshals service. Whole House on the state of the Union for expenses of the court clerks, the U.S. I reserve the balance of my time. consideration of the bill (H.R. 5) to improve Attorneys, the jurors, the witnesses. Mr. STIVERS. Madam Speaker, I patient access to health care services and They rented the courtrooms, the jail yield such time as he may consume to provide improved medical care by reducing space, hired the bailiffs, the criers— the gentleman from Arkansas (Mr. the excessive burden the liability system what we probably would now call a places on the health care delivery system. WOMACK). The first reading of the bill shall be dis- bailiff—the janitors, and on and on. Mr. WOMACK. Madam Speaker, I pensed with. All points of order against con- They ensured the courts functioned thank the gentleman for his time, and sideration of the bill are waived. General de- smoothly. They took care of the details I thank the gentleman from North bate shall be confined to the bill and amend- so that the judges and the lawyers Carolina for his kind remarks, too. ments specified in this resolution and shall

VerDate Mar 15 2010 00:50 Mar 22, 2012 Jkt 019060 PO 00000 Frm 00015 Fmt 4634 Sfmt 0634 E:\CR\FM\K21MR7.029 H21MRPT1 jbell on DSK7SPTVN1PROD with HOUSE H1444 CONGRESSIONAL RECORD — HOUSE March 21, 2012 not exceed six hours equally divided among of health care: the Independent Pay- protecting the vital domestic firearms and controlled by the respective chairs and ment Advisory Board, or IPAB. industry, and judicial precedents leave ranking minority members of the Commit- In case you’re not aware, IPAB is the little doubt as to their constitu- tees on Energy and Commerce, the Judici- 15-member panel created by tionality. Even President Reagan, who ary, and Ways and Means. After general debate the bill shall be considered for amend- ObamaCare to rein in Medicare costs. was an unabashed champion for the ment under the five-minute rule. In lieu of IPAB is made up of 15 unelected bu- States, established a special task force the amendments recommended by the Com- reaucrats. The majority are not doc- to study the need for tort reform, mittees on Energy and Commerce and the tors, and their decisions will have the which concluded that the Federal Gov- Judiciary now printed in the bill, an amend- force of law and will go into effect ernment should address tort reform ment in the nature of a substitute consisting automatically without the consent of across the board. of the text of Rules Committee Print 112–18 Congress. We’ll get back to IPAB in a I fear that the folks who are claiming shall be considered as adopted in the House moment. the 10th Amendment and States’ rights and in the Committee of the Whole. The bill, H.R. 5 also implements long-needed aren’t looking at the entirety of H.R. 5. as amended, shall be considered as the origi- They aren’t looking at all of the provi- nal bill for the purpose of further amend- medical malpractice tort reform. I hear ment under the five-minute rule and shall be all the time that we need to bring down sions that make it clear that the caps considered as read. All points of order the cost of health care. My colleagues created in this bill only apply to States against provisions in the bill, as amended, on the other side of the aisle claim that don’t already have their own caps. are waived. No further amendment to the that the government takeover of These provisions—‘‘flexi-cap’’ they bill, as amended, shall be in order except health care would do just that, reduce are called—recognize that any State those printed in the report of the Committee the cost of health care. amount on caps takes precedence to on Rules accompanying this resolution. Each In fact, President Obama claimed it this piece of legislation. That means if such further amendment may be offered only a State has a billion-dollar cap, good in the order printed in the report, may be of- would lower premiums by $2,500 per family per year. We know that’s just for them, let them keep it. It also fered only by a Member designated in the re- means that if a State has a $100,000 cap, port, shall be considered as read, shall be de- not the case. Since inauguration day in batable for the time specified in the report 2009, premiums have risen by $2,213, al- they can keep it, too. If a State decides equally divided and controlled by the pro- most the same amount the President to pass a law and establish a cap on ponent and an opponent, shall not be subject promised he was going to save us. The their own to change their existing cap, to amendment, and shall not be subject to a annual Kaiser Foundation survey of they should go ahead and do it because demand for division of the question in the employer-provided insurance found H.R. 5 isn’t going to do anything to House or in the Committee of the Whole. All that average family premiums totaled stop them from doing that. points of order against such further amend- H.R. 5 clearly ensures that it is a ments are waived. At the conclusion of con- $12,860 in 2008 and are now $15,073 in 2011. Moreover, the CBO, the Congres- State’s right to set its caps where it sideration of the bill for amendment the wants them. I understand that trial Committee shall rise and report the bill, as sional Budget Office, projects the law’s lawyers won’t like the Federal limit. amended, to the House with such further new benefit mandates will force pre- Luckily, I really worry about the amendments as may have been adopted. The miums to rise on top of that $15,000 by American people as a whole, not just previous question shall be considered as or- $2,100 per year per family. dered on the bill, as amended, and any fur- Malpractice reform, on the other what trial lawyers have to say. I know this may be speculation, but ther amendment thereto to final passage hand, will most definitely reduce the without intervening motion except one mo- I think that special interest groups cost of health care. We’ve seen what tion to recommit with or without instruc- and, perhaps, some of the new converts defensive medicine is: CAT scans or- tions. to the 10th Amendment are hiding be- dered, antibiotics prescribed, blood The SPEAKER pro tempore. The gen- hind the States’ rights argument be- tleman from Florida is recognized for 1 tests conducted—not because the doc- cause, in fact, they just don’t want to hour. tor thought they were necessary, but see their own profits go down. But I because he or she was scared that if b 1250 fear that the States’ rights discussion they didn’t order them they would be is a red herring that only gets us off Mr. NUGENT. Madam Speaker, for sued for not prescribing them. the most important issue, the issue the purpose of debate only, I yield the A Department of Health and Human that I started off with, the Independent customary 30 minutes to the gen- Services study said that defensive med- Payment Advisory Board. Plain and tleman from Florida (Mr. HASTINGS), icine costs between $70 billion to $126 simple, IPAB is going to cut the health pending which I yield myself as much billion a year. That’s billions. The CBO care that our Nation’s seniors can re- time as I may consume. During consid- estimate takes a little more moderate ceive. eration of this resolution, all time stance, putting that number around $54 This Medicare-rationing board, which yielded is for the purpose of debate billion. Let me tell you, $54 billion, $70 is what this is, will decide the value of only. billion, $126 billion, that’s a lot of medical services and impose price con- GENERAL LEAVE money in anybody’s terms. trols that will slash senior access to Mr. NUGENT. Madam Speaker, I ask I’ve heard from a lot of folks they are doctors and other health care pro- unanimous consent that all Members opposing the legislation because it de- viders. We see this happening already. have 5 legislative days to revise and ex- fies States’ rights. I have to say I’m The Centers for Medicare & Medicaid tend their remarks. particularly surprised to hear so many Services actuary has confirmed that The SPEAKER pro tempore. Is there of my colleagues on the other side large reductions in Medicare payment objection to the request of the gen- making this argument. I’m happy to rates to physicians would likely have tleman from Florida? see they’ve come to recognize the im- serious implications for beneficiary ac- There was no objection. portance of States’ rights and of State cess to care, utilization, intensity, and Mr. NUGENT. Madam Speaker, I rise sovereignty. I hope that means that we the quality of that care. As Donald today in support of this rule, House can count on them for their support Berwick, President Obama’s appointee Resolution 591. and efforts in moving forward to take as the Medicare administrator, said: H. Res. 591 provides a structured rule Federal power away from Washington, The decision is not whether or not we will so that the House may consider H.R. 5, D.C., and return that power back to the ration care. The decision is whether we will the Help Efficient, Accessible, Low- States, where it belongs and where our ration with our eyes open. cost, Timely Healthcare Act of 2012. Founding Fathers envisioned it to be. H.R. 5 takes that choice away from The rule provides for 6 hours of debate I want to take a moment to make it Administrator Berwick, from IPAB, on this vital issue. clear to my colleagues on both sides of and from President Obama. H.R. 5 sets In my opinion, the HEALTH Act is the aisle why this bill, H.R. 5, does not forth a new way forward, a way that one of the most imperative pieces of trample on the rights of our States. says we don’t need Washington bureau- legislation to come to the floor of the In the modern era, Congress has en- crats, who haven’t even practiced med- House in the 112th Congress thus far. acted many Federal tort reform stat- icine, telling us what’s best for us. The bill repeals a particularly egre- utes to supersede contrary State laws, We need to sit down with our doctors gious part of the government takeover including recent Federal tort reform and come up with individual treatment

VerDate Mar 15 2010 00:50 Mar 22, 2012 Jkt 019060 PO 00000 Frm 00016 Fmt 4634 Sfmt 0634 E:\CR\FM\A21MR7.013 H21MRPT1 jbell on DSK7SPTVN1PROD with HOUSE March 21, 2012 CONGRESSIONAL RECORD — HOUSE H1445 plans, a way that actually does some- ida. I know preemption when I see it. I decide the fate of these individuals and thing about health care costs by re- know the 10th Amendment, and I know families devastated by malpractice by moving frivolous lawsuits from the that people have stood for the 10th establishing arbitrary limits on the fi- equation, a way forward that means Amendment. I need not remind my col- nancial compensation that they are en- States’ rights are still protected while leagues that countless Republicans titled to. also protecting seniors’ rights to the have made statements regarding this As you all know, the medical mal- best health care options available. particular matter not fitting within practice portion of this bill is actually a pay-for, meant to offset the repeal of b 1300 the framework of the 10th Amend- ment’s commerce provision. the Independent Payment Advisory Madam Speaker, I support this rule, My Republican colleagues like to Board, IPAB. IPAB is a board of 15 phy- and I support the underlying legisla- talk about frivolous lawsuits and un- sicians and experts established by the tion, and I encourage all of my col- reasonably large jury awards. But I Affordable Care Act to find ways to leagues to do the same. asked the question yesterday of the control health care costs associated With that, I reserve the balance of maker of this particular provision, with Medicare. my time. what is his leg worth? It’s easy for us Under the act, IPAB will make rec- Mr. HASTINGS of Florida. Madam here inside the beltway, and it’s easy ommendations to slow the growth rate Speaker, I yield myself such time as I for us on the Republican or Democratic in Medicare spending if spending ex- may consume. side, liberal or conservative, to be ceeds a certain target rate. The Con- I rise in opposition to H.R. 5. Not about the business of talking about gressional Budget Office estimates that only does this bill overlook the rights somebody’s harm. Then what happens the repeal of IPAB would increase di- of injured patients, but it’s also an at- is, all of the lawyers that are the bad rect spending by $3.1 billion over 10 tempt by the House Republican leader- people of the world, everybody wants years—$3.1 billion. Now is not the time ship to dismantle the Affordable Care the best lawyer when it is them and to repeal measures that can save our Act. their problem that is a problem. Nation money and reduce our deficit I would remind my friend from Flor- I asked the maker of the bill, how without offering any substitute, and ida that there is no example that al- much is his leg worth? When you cut that’s the take-away from this. lows for any of us to have it both ways. off the wrong leg, who can stand among My friends say don’t do IPAB; and I This matter violates the Constitution us and say that $250,000 is enough? So say to my friends, well, what do you and, clearly, not just for those who where did that cap come from? It came do? And you do nothing. That’s what argue the 10th Amendment from a con- from a 1978 provision, $250,000. This is you do, and that’s what you’ve been servative or a liberal perspective. It is 2011, moving fast with costs rising. doing here in the Congress since we all of us that feel very strongly that I ask anybody here or that is within came here. We have given ‘‘do-nothing this measure usurps the power of the range of this particular measure at Congress’’ a new meaning. Rather than States. this time, please tell me, when did your dealing with jobs, the things that peo- I’m fond of saying what Randy health care insurance costs go down? I ple are completely interested in, rather Barnett, constitutional law professor don’t know of any example. I have been than passing the infrastructure meas- at Georgetown, said, that people seem paying health care insurance for 49 ure that the Senate has passed that will deal immediately with jobs in to be fair-weather federalists, and they years, and it’s gone up repeatedly dur- America, we are here passing a meas- abandon federalism whenever it is in- ing that period of time. And I don’t ure—and it will pass the floor of the convenient to someone’s policy pref- care whether there was a Republican House of Representatives—that will go erences. President or a Democratic President, to the Senate and go nowhere. So then H.R. 5 combines two completely un- health care costs went up, and I don’t what did we do? We did nothing. related measures. The first one is the think that this little measure here is reform of our Nation’s medical mal- The Congressional Budget Office also going to bring it down. estimates that, thanks to the cost-sav- practice system. The second one is the What do you think about the family repeal of the Independent Payment Ad- ing mechanisms in place in the Afford- in Chicago whose perfectly healthy able Care Act, IPAB will not likely be visory Board, which was established by baby was born lifeless because the hos- the Affordable Care Act. Please don’t required to act for the next 10 years. pital team failed to provide him with I heard my colleague, just a minute get me wrong; I’m fully aware of the proper oxygenation during labor and to ago, say that health care costs have challenges inherent to our medical li- perform an emergency cesarean section gone up since President Obama has ability system. The excessive cost of on the mother? The boy is now 5 years been in office. My mom is fond of say- medical malpractice insurance faced by old, suffers from permanent neuro- ing that if we’re going to keep pointing physicians seriously impairs our Na- logical damage, and is totally depend- back to the other President—if Obama tion’s health care system by encour- ent on the care of his parents for all his says Bush did it, and Bush says that aging the practice of defensive medi- daily activities. You ask his parents if Clinton did it, and then Clinton said cine. This contributes to higher health $250,000 is enough for a lifetime of care. that Bush did it, and Bush said that care costs for both doctors and patients Oh, no. Nixon did it, and Nixon said that Car- as well as diminished access to care for Then you say, well, thrust it on the ter did it—then we could just point consumers. States. Let Medicaid take care of it. back to George Washington and say But while I agree that our medical li- And then what you do under the Ryan George Washington did it then and get ability system needs to be changed, I budget, my good friend, is you say it all over with rather than continuing do not believe that it should be at the block-grant Medicaid. I saw that movie this charade before the people, making expense of the fundamental rights of in Florida when they block-granted them think that somehow or another patients, including their ability to seek Medicaid, and it was used for every- we have the solution here. compensation for wrongful injuries. In- thing else other than for poor people. deed, this bill imposes an arbitrary and Something is wrong with that movie. b 1310 unfair cap on noneconomic damages What about the judge in Palm Beach Health care costs have gone up, and that injured patients can receive. Such County who had a surgical sponge left they’re going to continue to go up limitations will extinguish our rights in his stomach after having abdominal until we as men and women in the and have devastating consequences for surgery and had to wait 5 months to House of Representatives and in the individuals harmed by physicians and have it removed? By then, the pus and United States Senate and as the Amer- medical products. bile-stained mass measured more than ican people sit down and decide that In addition, this bill seriously en- a foot long and a foot wide, and the this is a solvable problem which will croaches on the 10th Amendment of the rotted part of his intestine had to be allow us to address those things that Constitution by preempting State laws. removed. Ask him if a lawsuit was friv- are vital in this country. And I’m not buying the confusion of- olous. The bill is a complete waste of time. fered in the Rules Committee yester- Each case and each injury is dif- It does nothing in addition to going no- day nor by my good friend from Flor- ferent. It is not the role of Congress to where. It does nothing to help the

VerDate Mar 15 2010 00:50 Mar 22, 2012 Jkt 019060 PO 00000 Frm 00017 Fmt 4634 Sfmt 0634 E:\CR\FM\K21MR7.032 H21MRPT1 jbell on DSK7SPTVN1PROD with HOUSE H1446 CONGRESSIONAL RECORD — HOUSE March 21, 2012 American people. It contains nothing the chairmen out there who are send- contradicts the same constitutional ar- to improve the affordability and acces- ing this legislation to the floor. Be- guments they will be making next sibility of health care. And repealing cause what we have in this House is week before the United States Supreme IPAB, if you want to talk about frivo- called the CutGo rule, which says if Court in their effort to repeal the Pa- lous, that’s what frivolous is. Let us you bring a bill to the floor that’s ac- tient Protection and Affordable Care give the American people what they tually going to do some reducing of the Act, a bill which many of the same really need right now—and that’s jobs. Federal deficit, if you’re going to be conservative lawmakers argue that How many times do we have to say bold enough in this House to send a bill Congress did not have the constitu- that down here for people to finally get to the floor that’s going to reduce the tional authority to pass. it? burden that we’re placing on our chil- I am very pleased to yield 3 minutes Frankly, I’m appalled by the hypoc- dren and grandchildren everyday, then to my very good friend from New Jer- risy of my Republican colleagues who nothing that happens on the floor of sey, a member of the Budget Com- keep stating that Federal spending the House as we try to amend that bill mittee, the distinguished gentleman needs to be kept under control. But at will be allowed to reduce that savings. (Mr. ANDREWS). the first opportunity they wind up re- So when a bill comes to the floor, as (Mr. ANDREWS asked and was given jecting one of the most serious tools in this bill has, H.R. 5, that has a very permission to revise and extend his replace to actually tackle Medicare high CutGo number in it, we’re in a marks.) spending and find ways to make care box. It cannot be amended with dif- Mr. ANDREWS. I thank my friend for more affordable. ferent ideas because those ideas are ei- yielding. What are the Republicans offering to ther not germane—germaneness means Whether you’re a Republican or a replace IPAB? Nothing. Since the be- that it has to be relevant to the under- Democrat, a liberal or conservative, no ginning of the 112th Congress, the Re- lying legislation—or they can’t cut any matter where you live, I think most publican majority has sought to repeal additional funds. So what we had to do people agree that the number one issue as many provisions of the Affordable in the Rules Committee yesterday was confronting our country is the lack of Care Act as possible without providing reject amendment after amendment jobs for the American people. It is the any replacement and absolutely no after amendment that our colleagues central issue of our times, central long-term solution. If we do nothing, offered that we would ordinarily have problem of our times. The American Medicare costs will continue to in- made in order here on the House floor people want us to look forward and crease, thereby increasing the burden in what has been the single most open work together and solve that problem on millions of seniors, disabled individ- Congress that I have seen in my life- rather than looking backward and re- uals, and their families all across this time. I’m a freshman on the floor of litigating political debates. country. this House, but I’ve been watching this One hundred ninety-five days ago, What is the Republican plan? What is institution. This is the single most the President of the United States the plan? It is to replace Medicare with open Congress I’ve seen in my lifetime, came to this Chamber and set forth a the new Ryan budget introduced yes- but we were not able to make more series of specific ideas to put Ameri- terday. It is to replace it with some amendments in order because they cans back to work. One of those ideas kind of premium that is nothing but a were not germane or they violated was to put construction workers back voucher system that would certainly CutGo. To the Rules Committee’s cred- to work in repairing and building our result in increased costs for seniors and it, we did not waive CutGo. We com- roads and bridges, building schools, reduced benefits. wiring schools for the Internet, and in The truth is that the Republicans plied with the rules of this House. But I just say to my friends who are putting our construction industry and have no plan to reduce Medicare, and I on those authorizing committees, if transportation industry back to work. defy them to present it. If you look at you want to take advantage of the We’re going to spend 6 hours debating the budget that was released yester- Rules Committee in this Congress that whether to repeal part of the health day, it’s all filled with blank spaces— is providing more opportunity for more care bill—again. We’re not going to and I’ll fill in the line—nothing, noth- spend 6 minutes debating a bill that ing, nothing. So, instead of just repeal- debate and more amendment and more ing IPAB, let us improve it, reform it discussion than we have seen in dec- would put our construction workers or replace it. By doing nothing, it’s ades, you need to be cognizant when back to work fixing our roads and surely not going to fix the problem. you send those bills to the Rules Com- bridges. I reserve the balance of my time. mittee that we are not inclined to The Republican leadership of the Mr. NUGENT. Madam Speaker, I waive CutGo—and rightfully so—and House is kind of isolated on this be- yield 3 minutes to my fellow member we are not inclined to waive the ger- cause Democrats in the other body of the Rules Committee, a freshman, maneness rules—and rightfully so. voted for a bill to put our construction ROB WOODALL from Georgia. What that means today is we’re workers back to work; and Republicans Mr. WOODALL. Madam Speaker, I going to have the narrow discussion, in the other body voted for the same very much appreciate that. I thank my that my friend from Florida has laid bill. Three-quarters of the Senate voted colleague on the Rules Committee for out, on the merits of this bill for over for a bill to put our construction work- yielding. 6 hours today. I want to thank my ers back to work. I wanted to come down here and talk friend on the Rules Committee for his The Democrats are ready to vote for about the rule. My colleague from leadership in bringing such an open that bill. We introduced a version of Florida has just made a very impas- rule to the floor, in bringing such an that yesterday that says let’s do that sioned case for why he is likely going expansive rule to the floor and in genu- here, but the House Republican leader- to be voting ‘‘no’’ on the underlying inely providing the kind of opportunity ship won’t put this bill on the floor. So legislation. If I understood his com- for debate, even though I disagree with instead what we’re going to do is have ments correctly, I’m guessing that it’s my friend from Florida on his under- what are recurring debates about going to be a ‘‘no’’ vote after we have lying assertions, providing the oppor- whether to repeal the health care bill. finished 6 hours of debate on this bill— tunity for debate the likes of which People feel very strongly about the 6 hours of debate—which is the kind of America has not seen in decades. health care bill, pro and con; but I debate that a bill of this nature de- Mr. HASTINGS of Florida. Madam think most people feel even more mands. And I’m very proud that the Speaker, my friend from Georgia—and strongly it’s the wrong thing for us to Rules Committee set aside that kind of he is my friend—pointed out that his be talking about right now. If there’s a time. I was fortunate enough to have amendment was made in order yester- bill that three-quarters of the Senate one of my amendments made in order day. I might add, in keeping with the voted for to put Americans back to by the Rules Committee, as was my notion if you can’t have it both ways, work, why don’t we vote on that here friend from Florida, but a lot of Mem- he would strike all the findings. And it today? Instead, what we’re going to do bers were not. seems to me that that’s admitting jus- is vote on repealing part of the bill I wanted to come down here, Madam tification for the authority to pass that talks about a committee that Speaker, to speak to the authorizers, Federal tort reform. But it directly might or might not take action 5 years

VerDate Mar 15 2010 00:50 Mar 22, 2012 Jkt 019060 PO 00000 Frm 00018 Fmt 4634 Sfmt 0634 E:\CR\FM\K21MR7.034 H21MRPT1 jbell on DSK7SPTVN1PROD with HOUSE March 21, 2012 CONGRESSIONAL RECORD — HOUSE H1447 from now to do something about the rationing care to them, I think it’s im- Mr. NUGENT. Madam Speaker, I way Medicare money is spent. moral, it’s unethical, and it’s not the have to agree with my good friend from b 1320 way we should be doing it. We should Florida on one issue, and that’s in re- be doing it by the free market. We gard to rationing. You’re right, it’s not I think if you said to a Republican or should be talking about tort reform. in the act. But if it walks like a duck, a Democrat, a liberal or a conservative Everybody agrees we need tort reform. quacks like a duck, then it’s a duck, anywhere in this country, What would Even the gentleman from Florida because this board, this unelected you like your House of Representatives talked about the high cost of medical board, is going to make decisions that to be voting on today: a bill that three- malpractice insurance. Well, where Congress can’t even touch. This board quarters of the Senate agreed to to put does that come from? It doesn’t just is going to say, this is the amount of construction transportation workers spring up out of the Earth. It comes up money we will pay for this procedure. back to work, or a bill that will decide because of a reason: because of the in- It doesn’t matter if that’s what the whether a body will or won’t act 5 creased cost to provide medical mal- procedure costs. It doesn’t matter that years from now on the way Medicare is practice. And, particularly for doctors, this doesn’t cover the cost of the physi- going to be run? I think we all know where it drives up the cost of medical cian. It doesn’t matter that what’s the answer to that. care is that defensive medical care. going to happen is our physicians are The right thing to do is to oppose That’s what’s driving up the cost along going to refuse to see those patients. this rule and instead put on the floor with the premiums that they have to Madam Speaker, that is rationing. the Senate transportation bill that pay because of the lack of tort reform. Call it what you want. That is ration- three-quarters of the Senate voted for. Madam Speaker, I reserve the bal- ing when you have an independent Let’s approve it, let’s put it on the ance of my time. board that can make decisions in re- President’s desk, and let’s finally work Mr. HASTINGS of Florida. I yield gard to the cost of services that you’re together to put Americans back to myself such time as I may consume, going to make or decisions for you to work. and I will be very brief before yielding have services by a particular doctor. Mr. NUGENT. Madam Speaker, I love to my friend from the Rules Com- We see it already today. In my physi- the hyperbole. I love my friend from mittee. cian’s office it already says, ‘‘We do Florida’s passionate discourse earlier My friend from Florida says that he not take new Medicare patients.’’ in this conversation. But he was right. appreciates the hyperbole. I hyperbole It’s going to get worse. And this You can’t have it both ways. on occasion when I find that my friends board, while it may not call it ‘‘ration- Here’s the problem. In their idea of who are taking positions that are going ing’’—I give them great credit for not having it both ways, they talk about to hurt people require everything from putting that in the terminology of the medical malpractice as if, if we do hyperbole to passion to try to get the Affordable Care Act—it is rationing no nothing, things get better. If we ignore American people to readily understand. matter what you call it. tort reform, things get better. If we ig- And to demonstrate what I’m talking I reserve the balance of my time. nore tort reform, costs of health care about, my friend just stood and said Mr. HASTINGS of Florida. I yield will stay the same. Well, in fact, it that the IPAB board will be rationing. myself such time as I may consume. hasn’t. It continues to rise. The statute, the provision giving rise I would be happy to yield to my We talk about higher health care to it, if it ever comes into existence in friend just for a moment. So then what costs, but when we talk about that and the future, specifically says that they you’re saying is, the IPAB board, we talk about IPAB in particular, 15— cannot ration. I don’t know whether which may bring down costs—and I 15—unelected bureaucrats. The max- my friend read that provision or not. might add you just said that Congress imum number that can be on that But I am pleased to yield 1 minute to could not touch it, quoting you—that’s panel is seven physicians—seven—so my friend on the Rules Committee, the not true. Congress could change it as they’re outvoted already. They’re out- gentleman from Colorado (Mr. POLIS). long as it stays within the prescribed voted 8–7. No matter what they think Mr. POLIS. I thank the gentleman limits, and that is simply what the is the proper care for a patient, they’re from Florida. law, itself, says. going to be overridden by eight other We’re in an unusual situation here But what is the Republican plan? As bureaucrats that have nothing to do where the same people on the other I understand it from Mr. RYAN’s budget with providing health care to our sen- side of the aisle who decry the regula- as offered yesterday, it would be a pre- iors—not a thing. tion of what insurance providers have mium system for Medicare. Now you’ve It’s all going to be about costs. And to provide to those they insure across just said that rationing by any other they’re right: that’s how you’re going State borders and who want to inter- name or that you know it when it’s a to contain costs, by removing the op- fere with our requirement that insur- duck, and all of that kind of stuff. tions for seniors to get the medical ance companies not be allowed to dis- Well, a voucher by any other name is care that they deserve and that they criminate based on preexisting condi- still a voucher, and you’re going to tell need. tions, on the other hand they say we me that that’s a good system? This independent panel is a rationing need to replace the State tort systems, I yield to my friend. board. It’s going to ration health care all 50 of them, with one overarching Mr. NUGENT. If you look at what the out because that’s the only way that Federal approach with regard to mal- Ryan plan said, it also talks about panel can save money for the Afford- practice. what we currently have today and that, able Care Act. It was designed that So whereas there is no Federal role if you want to keep what you have way. It was designed to keep us—the in protecting patients from being today in the way of Medicare, you keep American people that are going to use dropped by their insurers, from pre- it. But if you want to go out and buy that service, that medical care—from venting insurance companies from ex- your own insurance through a select getting it because physicians, when cluding individuals because they had group, you can do it, just as you can they get their payments cut, will no childhood asthma, because they’re a today, in regards to Medicare Advan- longer offer service. So where are we breast cancer survivor, and in many tage, but that’s a choice that I can supposed to go? That is rationing. cases even because they have a child, make. That’s taking away service from people while there is no Federal role for that, I thank you for giving me the time. that need it the most, from those sen- somehow there is a Federal role in Mr. HASTINGS of Florida. I reclaim iors that have paid into this system for micromanaging the way in which my time only to say that you had it their lifetimes and who are now de- somebody who was wrongfully injured right, ‘‘select.’’ For example, our Gov- pending on it to be there when they by a botched procedure can seek re- ernor in the State of Florida had one of medically need it the most. course. those select provisions, and he’s one of This is about the seniors that are in I ask my colleagues, not only where those people that wants us to turn ev- my district. I have 250,000 seniors, a is the consistency, but how can we rec- erything over. quarter of a million, that rely upon oncile this with our values as Ameri- I happened to have had the good for- Medicare. And if we’re going to start cans? tune yesterday of having the chairman

VerDate Mar 15 2010 04:16 Mar 22, 2012 Jkt 019060 PO 00000 Frm 00019 Fmt 4634 Sfmt 0634 E:\CR\FM\K21MR7.035 H21MRPT1 jbell on DSK7SPTVN1PROD with HOUSE H1448 CONGRESSIONAL RECORD — HOUSE March 21, 2012 of Blue Cross Blue Shield visit me, who tainty to States. MAP–21 passed over- Apparently, it’s the Ryan voucher thinks that this particular measure is whelmingly in the Senate with a bipar- plan, which will stick it to seniors in something that would be helpful in his tisan majority. As you heard Mr. AN- the future—not too good of a replace- industry, but that’s something for an- DREWS say, three-quarters of the Sen- ment. other day. ate voted for this bill. It’s fully paid But the other thing they’re repealing Madam Speaker, if we defeat the pre- for—something that the House Repub- that they don’t want to talk about is vious question, I’m going to offer an licans seem unable to come close to they’re repealing restrictions on age amendment to the rule to provide that achieving—and the MAP–21, H.R. 14, discrimination by the insurance indus- immediately after the House adopts pay-fors are less controversial than the try. They would be repealing the re- this rule that it bring up H.R. 14, the pay-fors in the House Republican bill. strictions on preexisting conditions to House companion to the bipartisan It’s been estimated that this bill will discriminate against people—redline Senate transportation bill. save 1.8 million jobs and create up to 1 them, essentially, by the insurance industry—and they would be repealing b 1330 million more jobs. During a weak economic recovery looking for a jump- the provision of reviewing excessive I am pleased now to yield 3 minutes start, why aren’t we passing this bill? rate increases which has been already to my good friend, the distinguished Why aren’t we even debating this bill? successful in California this year. So the Republicans have come for- gentleman from New York (Mr. Why are we 10 days away from the ex- ward with this one part of the bill. BISHOP). piration of the current extension and They’ve already repealed all of Mr. BISHOP of New York. I thank there is no plan in this House to move ObamaCare, but now they’re going to my friend from Florida for yielding. forward? repeal it bit by bit because they don’t Time and time again over the last Is H.R. 14 the silver bullet to our sur- want to do real things like deal with several months, we have heard from face transportation needs? No, it’s not. Republican leadership. We’ve heard our transportation system and that. The SPEAKER pro tempore. The But there is one particularly objec- their talk about the highway bill, H.R. time of the gentleman has expired. 7, and they’ve talked about it as their tionable part of this. They’re going to Mr. HASTINGS of Florida. I yield the pretend that they’re taking away the principle jobs bill for the 112th Con- gentleman 1 additional minute. gress. Well, here we are, March 21, 10 antitrust protection of the insurance Mr. BISHOP of New York. I appre- industry. Remember, this is an indus- days before the expiration of the cur- ciate the gentleman for yielding. rent extension of the surface transpor- try that can and does get together and There is no silver bullet when it collude to drive up our premiums. And tation bill, and where are we with re- comes to our infrastructure needs. I, after the Republicans do away with age spect to this incredibly important jobs and a great many others, would prefer discrimination, preexisting conditions, legislation? We’re nowhere. We’re abso- a 5-year bill; but given the hyper-par- and rate increases, the industry is lutely nowhere. tisan fashion in which the House Re- going to have a field day. As of today, House Republicans have publicans have advanced H.R. 7 and So they’re pretending that they’re yet to put forward a credible highway some of the deeply flawed proposals in- going to allow suits against the indus- reauthorization that puts Americans cluded in their bill, H.R. 14 is the only try for antitrust violations. Unfortu- back to work. Their only attempt, H.R. proposal out there that currently nately, not really. If someone wants to 7, the Boehner-Mica authorization, was Democrats and Republicans can stand bring a suit, they can’t do it as a class passed on February 14 in the Transpor- behind. Democrats will not wait action. Well, more than 90 percent of tation Committee—passed on a party- around for House Republicans to pan- antitrust suits are brought as class ac- line vote with, in fact, a couple of Re- der to their base and chase ideological tions. Individuals do not have the republicans voting against it. Then some- extremes. Americans want jobs and sources to take on the insurance indus- thing happened on the way to the floor. safe roads and safe bridges. try. On the way to the floor, the Republican The Senate passed the biggest job- So they’re going to take something leadership realized that they didn’t creating bill in this Congress by an that in the last Congress was bipar- have the votes on their side of the aisle overwhelming bipartisan margin. The tisan—a bill I had to take away, really to pass it. House has done nothing. Let’s get this take away, the antitrust immunity in And what about this bill? Well, Sec- country moving again by passing H.R. the insurance industry and give a ben- retary Ray LaHood, a former distin- 14 so the President can sign it. Let’s efit to all consumers in this country, guished Member of this body, Repub- create jobs. Let’s make it in America, passed this House by 406–19—and now lican from Illinois, current Transpor- and let’s pass this bill. they’re going to fake out, they think, tation Secretary, described it as the Mr. NUGENT. Madam Speaker, may I the American people by pretending worst highway bill he’s ever seen. He’s inquire of my good friend from Florida they’re taking on the insurance indus- been in public life for 35 years; he said how many more speakers he may have. try while they’re filling their pockets it was the worst he’s ever seen. Mr. HASTINGS of Florida. I appre- with contributions from them. The bill was drafted in the dark of ciate the gentleman for asking. Good work, guys. night without any Democratic input. Madam Speaker, would you advise Mr. NUGENT. Madam Speaker, I’m a Remarkably, it removed transit from both of us how much time each has. little confused because I thought we the highway trust fund—removed the The SPEAKER pro tempore. The gen- were talking about other issues than what the gentleman was just speaking guaranteed Federal funding that’s been tleman from Florida (Mr. HASTINGS) to, particularly as relates to IPAB and in place on a bipartisan basis for 30 has 6 minutes remaining, and the gen- years, removed it. It couldn’t attract, about tort reform. tleman from Florida (Mr. NUGENT) has I’ll be happy to reserve the balance of understandably, a single Democratic 14 minutes. my time. vote; but they found out on the way to Mr. HASTINGS of Florida. I have Mr. HASTINGS of Florida. Madam the floor that they couldn’t get enough more speakers than I have time; but I Speaker, I am very pleased to yield 1 Republican votes to pass it either. know that during that period of time, minute to my good friend, the distin- Now, I’m proud to be offering the I’m going to have at least two more guished gentlewoman from California Senate bill, MAP–21. We’re calling it speakers and possibly three. (Ms. RICHARDSON). H.R. 14 here in the House. This bipar- Mr. NUGENT. I continue to reserve Ms. RICHARDSON. I thank the gen- tisan legislation should refocus the dis- the balance of my time. tleman for yielding so that I might cussion on jobs and economic opportu- Mr. HASTINGS of Florida. Madam speak to the House companion bill to nities rather than the Republican mes- Speaker, I am very pleased to yield 2 MAP–21, or H.R. 14, of which I’m a co- sage this week of tearing down Medi- minutes to my good friend, the distin- sponsor. care and protecting the 1 percent at guished gentleman from Oregon (Mr. MAP–21, which we call H.R. 14 going the expense of middle class families. DEFAZIO). forward, will generate jobs, repair MAP–21, or H.R. 14, represents a bi- Mr. DEFAZIO. Repeal and replace, roads and bridges, and invest in our in- partisan path forward that makes that’s what the Republicans said they frastructure. This surface transpor- meaningful reforms and provides cer- will do. Well, what’s the replacement? tation authorization bill passed by the

VerDate Mar 15 2010 04:16 Mar 22, 2012 Jkt 019060 PO 00000 Frm 00020 Fmt 4634 Sfmt 0634 E:\CR\FM\K21MR7.039 H21MRPT1 jbell on DSK7SPTVN1PROD with HOUSE March 21, 2012 CONGRESSIONAL RECORD — HOUSE H1449 Senate with a majority and with bipar- Rules Committee who have the power, duce health care costs and lower the tisan support. refused to waive the power to allow deficit? According to the CBO, it will. I come before you today to urge my those amendments to come in, some It will be an average of 25 to 30 percent colleagues to bring this bill forward, that included things such as not being below what it would be under current H.R. 14, so that we might establish able to allow a child 3 years old who law, which is IPAB today, 25 to 30 per- some consistency, unlike what we saw may have a matter that doesn’t mani- cent less than what the current law, with the FAA reauthorization, consist- fest itself until he or she is 8 be barred IPAB, calls for. ency for States, for companies, for because of time constraints, measures Is this important? I think the rela- workers, for projects that need to get that deal with, like the pediatrician in tionship between a patient and a doc- done. This bill will maintain current Delaware who raped 100 or more chil- tor should be between a patient and a funding levels for highways and public dren, babies, and that position would doctor and not have a middleman, transportation; it will consolidate and not be allowed for. called the United States Government, streamline highway programs; and will I know that one would argue that stepping in between you to say, ‘‘You establish a much-needed national some lawsuits are frivolous, and they know what? We don’t think that that freight program, which is something are. I am a lawyer. I am a trial lawyer, service deserves a certain level of pay- I’ve been advocating for my entire time and so I clearly support the trial law- ment,’’ and by reducing that payment in Congress. yers, so as how that’s understood with we know that that service is not going This bill will authorize $1 billion for my bona fides. But when people are to be provided. I truly don’t believe projects of national significance, which dying, that’s not frivolous; and, as I that that’s where we should be as a many of us feel in our own particular said, people want the best lawyer that government, and I certainly don’t be- districts. they can find. lieve that we should be in between the H.R. 14 also improves safety, insti- Madam Speaker, I ask unanimous patients and their physicians. tutes performance measures, and im- consent to insert the text of the I also worry about—and I hear this proves accountability for transpor- amendment in the RECORD, along with from docs all the time back in my dis- tation infrastructure investments. extraneous material, immediately trict—Rich, you know what’s going to The SPEAKER pro tempore. The prior to the vote on the previous ques- happen? We’re just going to close our time of the gentlewoman has expired. tion. doors. Those that are entering the pro- Mr. HASTINGS of Florida. I yield the The SPEAKER pro tempore. Is there fession, there’s less and less because gentlelady an additional 30 seconds. objection to the request of the gen- they’re concerned about how they’re Ms. RICHARDSON. Now is the time tleman from Florida? going to make a living, how they’re for swift action by this House on a bi- There was no objection. going to pay back those student loans partisan Senate bill that will create Mr. HASTINGS of Florida. I urge my that they have, because they really and save at least 132,000 jobs in my colleagues to vote ‘‘no’’ and to defeat want to pay it back. They want to do area alone. the previous question. I urge a ‘‘no’’ the right thing. But how are they going Transportation has always been bi- vote on the rule, and I do so for the to do that if they can’t open a practice partisan. Let’s keep it that way in this reason that this measure does nothing, and if they can’t take Medicare pa- House. I urge the support of H.R. 14. is going nowhere, will go to the Senate tients because this board makes a deci- Mr. NUGENT. Madam Speaker, I con- and will not pass, and everybody in sion to lower the cost of reimburse- tinue to reserve the balance of my this House knows it. ment? time. We have to stop doing nothing and do We’ve seen it already. Every time we something for the American people and b 1340 do a doc fix, we have more and more jobs. doctors that are in trouble because of Mr. HASTINGS of Florida. Madam I yield back the balance of my time. the fact they don’t know what tomor- Speaker, would you tell me just how Mr. NUGENT. Madam Speaker, in row’s going to bring, and I don’t want much time I do have. closing, I appreciate my good friend’s our seniors to worry about what tomor- The SPEAKER pro tempore. The gen- confession about being a trial lawyer. row is going to bring. I don’t want to 1 tleman from Florida has 2 ⁄2 minutes I’m not. I’m not an attorney. So what balance the budget on the back of our remaining. I’m worried about is not how attorneys seniors. That’s not where we need to Mr. HASTINGS of Florida. Madam enrich themselves; I’m worried about be. Speaker, I thank my friend for the de- the people that I represent, the 250,000- As we move along here, the reason I bate and the time that he’s allowed us. plus that are on Medicare. I’m con- stand here today is that I support and I thank all of our colleagues who came cerned about them. I will defend our seniors, which is why here. You hear from the other side, well, I support H.R. 5, because it’s common This H.R. 5 is going to be devastating don’t worry about it. It could be 5, 10 sense. to medical malpractice victims. Pa- years from now. Well, you know what? Like I said, I’m not an attorney. I’m tients shouldn’t have to pay the price I’m concerned now because why would not a lawyer, so I have but one con- for excessive malpractice insurance. you have something put in place that’s stituency that I worry about at this If we want to reform the medical li- going to ration care to our seniors point on this particular issue, and it is ability system, let us start with ad- when they need it the most? That’s this issue. You put all kinds of other dressing insurance costs and physi- when they need it the most. We should stuff out there about transportation cians’ premiums. Let us start with be advocating for them, not for trial and all these things, but this is the finding strategies to reduce and pre- lawyers. We should be here talking pressing issue today in front of us. The vent mistakes and crack down on re- about tort reform to lower the cost. If issue is about tort reform. The issue is peat offenders. Today, 5 percent of all you look at what California did, about IPAB and repealing IPAB so our doctors are responsible for 54 percent of they’re a model. They set up a model seniors can have a direct relationship malpractice claims paid. program. Their liability insurance for with a physician of their choice, and Let’s not start with penalizing pa- doctors is lower than the average that’s the important part. tients for injuries due to no fault of across the board in the United States. The material previously referred to their own. Let’s not give the American This act, the HEALTH Act, is modeled by Mr. HASTINGS of Florida is as fol- people another reason to believe that after that. lows: Congress is out of touch. Thousands of In regards to the noneconomic dam- people die each and every year due to ages, limits on contingency fees for AN AMENDMENT TO H. RES. 591 OFFERED BY MR. HASTINGS OF FLORIDA medical malpractice. This is not frivo- lawyers, big one there; about fair lous. share, about proportional, whoever’s at At the end of the resolution, add the following new sections: We had 16 of our Members come for- fault. It’s a proportion of that ref- SEC. 2. Immediately upon adoption of this ward yesterday to offer amendments. erence to how the claim gets paid out. resolution the Speaker shall, pursuant to We’re going to have 6 hours of debate And I heard this talked about before: clause 2(b) of rule XVIII, declare the House on six, ostensibly, because we, in the But will the health care act work to re- resolved into the Committee of the Whole

VerDate Mar 15 2010 04:16 Mar 22, 2012 Jkt 019060 PO 00000 Frm 00021 Fmt 4634 Sfmt 0634 E:\CR\FM\K21MR7.041 H21MRPT1 jbell on DSK7SPTVN1PROD with HOUSE H1450 CONGRESSIONAL RECORD — HOUSE March 21, 2012 House on the state of the Union for consider- how the Republicans describe the previous Suspending the rules and concurring ation of a bill consisting of the text of the question vote in their own manual: ‘‘Al- in the Senate amendment to H.R. 886; bill (H.R. 14) to reauthorize Federal-aid high- though it is generally not possible to amend and way and highway safety construction pro- the rule because the majority Member con- Agreeing to the Speaker’s approval of grams, and for other purposes. The first trolling the time will not yield for the pur- reading of the bill shall be dispensed with. pose of offering an amendment, the same re- the Journal, if ordered. All points of order against consideration of sult may be achieved by voting down the pre- The first electronic vote will be con- the bill are waived. General debate shall be vious question on the rule . . . When the mo- ducted as a 15-minute vote. Remaining confined to the bill and shall not exceed one tion for the previous question is defeated, electronic votes will be conducted as 5- hour equally divided and controlled by the control of the time passes to the Member minute votes. chair and ranking minority member of , the who led the opposition to ordering the pre- Committee on Transportation and Infra- vious question. That Member, because he f structure. After general debate the bill shall then controls the time, may offer an amend- be considered for amendment under the five- ment to the rule, or yield for the purpose of PROVIDING FOR CONSIDERATION minute rule. All points of order against pro- amendment.’’ OF H.R. 5, PROTECTING ACCESS visions in the bill are waived. At the conclu- In Deschler’s Procedure in the U.S. House TO HEALTHCARE ACT sion of consideration of the bill for amend- of Representatives, the subchapter titled The SPEAKER pro tempore. The un- ment the Committee shall rise and report ‘‘Amending Special Rules’’ states: ‘‘a refusal the bill to the House with such amendments to order the previous question on such a rule finished business is the vote on order- as may have been adopted. The previous [a special rule reported from the Committee ing the previous question on the reso- question shall be considered as ordered on on Rules] opens the resolution to amend- lution (H. Res. 591) providing for con- the bill and amendments thereto to final ment and further debate.’’ (Chapter 21, sec- sideration of the bill (H.R. 5) to im- passage without intervening motion except tion 21.2) Section 21.3 continues: ‘‘Upon re- prove patient access to health care one motion to recommit with or without in- jection of the motion for the previous ques- services and provide improved medical structions. If the Committee of the Whole tion on a resolution reported from the Com- care by reducing the excessive burden rises and reports that it has come to no reso- mittee on Rules, control shifts to the Mem- the liability system places on the lution on the bill, then on the next legisla- ber leading the opposition to the previous tive day the House shall, immediately after question, who may offer a proper amendment health care delivery system, on which the third daily order of business under clause or motion and who controls the time for de- the yeas and nays were ordered. 1 of rule XIV, resolve into the Committee of bate thereon.’’ The Clerk read the title of the resolu- the Whole for further consideration of the Clearly, the vote on the previous question tion. bill. on a rule does have substantive policy impli- The SPEAKER pro tempore. The SEC. 3. Clause 1(c) of rule XIX shall not cations. It is one of the only available tools question is on ordering the previous apply to the consideration of the bill speci- for those who oppose the Republican major- question. fied in section 2 of this resolution. ity’s agenda and allows those with alter- The vote was taken by electronic de- native views the opportunity to offer an al- (The information contained herein was ternative plan. vice, and there were—yeas 231, nays 179, answered ‘‘present’’ 1, not voting provided by the Republican Minority on mul- Mr. NUGENT. Madam Speaker, I tiple occasions throughout the 110th and 20, as follows: 111th Congresses.) yield back the balance of my time, and I move the previous question on the [Roll No. 118] THE VOTE ON THE PREVIOUS QUESTION: WHAT YEAS—231 IT REALLY MEANS resolution. The SPEAKER pro tempore. The Adams Diaz-Balart Hultgren This vote, the vote on whether to order the Aderholt Dold Hunter previous question on a special rule, is not question is on ordering the previous Akin Dreier Hurt merely a procedural vote. A vote against or- question. Alexander Duffy Issa dering the previous question is a vote The question was taken; and the Amash Duncan (SC) Jenkins against the Republican majority agenda and Speaker pro tempore announced that Amodei Duncan (TN) Johnson (OH) a vote to allow the opposition, at least for Austria Ellmers Johnson, Sam the ayes appeared to have it. Bachmann Emerson Jones the moment, to offer an alternative plan. It Mr. HASTINGS of Florida. Madam Barletta Farenthold Jordan is a vote about what the House should be de- Speaker, on that I demand the yeas Bartlett Fincher Kelly bating. Barton (TX) Fitzpatrick King (IA) Mr. Clarence Cannon’s Precedents of the and nays. Bass (NH) Flake King (NY) House of Representatives (VI, 308–311), de- The yeas and nays were ordered. Benishek Fleischmann Kingston scribes the vote on the previous question on The SPEAKER pro tempore. Pursu- Berg Fleming Kline the rule as ‘‘a motion to direct or control the ant to clause 8 of rule XX, further pro- Biggert Flores Labrador Bilbray Forbes Lamborn consideration of the subject before the House ceedings on this question will be post- Bilirakis Fortenberry Lance being made by the Member in charge.’’ To poned. Bishop (UT) Foxx Landry defeat the previous question is to give the Black Franks (AZ) Lankford opposition a chance to decide the subject be- f Blackburn Frelinghuysen Latham fore the House. Cannon cites the Speaker’s RECESS Bonner Gallegly LaTourette ruling of January 13, 1920, to the effect that Boren Gardner Latta ‘‘the refusal of the House to sustain the de- The SPEAKER pro tempore. Pursu- Boustany Garrett Lewis (CA) ant to clause 12(a) of rule I, the Chair Brady (TX) Gerlach LoBiondo mand for the previous question passes the Brooks Gibbs Long control of the resolution to the opposition’’ declares the House in recess subject to Broun (GA) Gibson Lucas in order to offer an amendment. On March the call of the Chair. Buchanan Gingrey (GA) Luetkemeyer 15, 1909, a member of the majority party of- Accordingly (at 1 o’clock and 48 min- Bucshon Gohmert Lummis fered a rule resolution. The House defeated utes p.m.), the House stood in recess. Buerkle Goodlatte Lungren, Daniel the previous question and a member of the Burgess Gosar E. opposition rose to a parliamentary inquiry, f Burton (IN) Gowdy Mack Calvert Granger Matheson asking who was entitled to recognition. b 1415 Camp Graves (GA) McCarthy (CA) Speaker Joseph G. Cannon (R-Illinois) said: Campbell Graves (MO) McCaul ‘‘The previous question having been refused, AFTER RECESS Canseco Griffin (AR) McClintock the gentleman from New York, Mr. Fitz- The recess having expired, the House Cantor Griffith (VA) McCotter gerald, who had asked the gentleman to Capito Grimm McHenry yield to him for an amendment, is entitled to was called to order by the Speaker pro Carter Guinta McKeon the first recognition.’’ tempore (Mr. HASTINGS of Washington) Cassidy Guthrie McKinley at 2 o’clock and 15 minutes p.m. Chabot Hall McMorris Because the vote today may look bad for Coble Hanna Rodgers the Republican majority they will say ‘‘the The SPEAKER pro tempore. Pursu- Coffman (CO) Harper Meehan vote on the previous question is simply a ant to clause 8 of rule XX, proceedings Cole Harris Mica vote on whether to proceed to an immediate will resume on questions previously Conaway Hartzler Miller (FL) vote on adopting the resolution . . . [and] Cravaack Hastings (WA) Miller (MI) postponed. Crawford Hayworth Miller, Gary has no substantive legislative or policy im- Votes will be taken in the following plications whatsoever.’’ But that is not what Crenshaw Heck Mulvaney Culberson Hensarling Murphy (PA) they have always said. Listen to the Repub- order: Ordering the previous question on H. Davis (KY) Herger Myrick lican Leadership Manual on the Legislative Denham Herrera Beutler Neugebauer Process in the United States House of Rep- Res. 591; Dent Huelskamp Noem resentatives, (6th edition, page 135). Here’s Adopting H. Res. 591, if ordered; DesJarlais Huizenga (MI) Nugent

VerDate Mar 15 2010 04:16 Mar 22, 2012 Jkt 019060 PO 00000 Frm 00022 Fmt 4634 Sfmt 0634 E:\CR\FM\A21MR7.009 H21MRPT1 jbell on DSK7SPTVN1PROD with HOUSE March 21, 2012 CONGRESSIONAL RECORD — HOUSE H1451 Nunes Rokita Stutzman Marino Paul Reed Olson Rokita Sullivan Nunnelee Rooney Sullivan Olson Rangel Thompson (MS) Palazzo Rooney Thompson (PA) Palazzo Ros-Lehtinen Thompson (PA) Paulsen Ros-Lehtinen Thornberry Paulsen Roskam Thornberry b 1442 Pearce Roskam Tiberi Pearce Ross (FL) Tiberi Pence Ross (FL) Tipton Pence Royce Tipton Messrs. CARSON of Indiana, TONKO, Peterson Royce Turner (NY) Petri Runyan Turner (NY) PASCRELL, COSTA, LEWIS of Geor- Petri Runyan Turner (OH) Pitts Ryan (WI) Turner (OH) Pitts Ryan (WI) Upton Platts Scalise gia, LARSON of Connecticut, and Van Platts Scalise Upton Walberg Poe (TX) Schilling HOLLEN changed their vote from Pompeo Schilling Walberg Walden Pompeo Schmidt Walden ‘‘yea’’ to ‘‘nay.’’ Posey Schmidt Posey Schock Price (GA) Schock Walsh (IL) Walsh (IL) Price (GA) Schweikert Mrs. HARTZLER, Messrs. COFFMAN Quayle Scott (SC) Webster Webster Quayle Scott (SC) of Colorado and PRICE of Georgia Reed Scott, Austin West West Rehberg Scott, Austin Rehberg Sensenbrenner Westmoreland Westmoreland changed their vote from ‘‘nay’’ to Reichert Sensenbrenner ‘‘yea.’’ Reichert Sessions Whitfield Renacci Sessions Whitfield Renacci Shimkus Wilson (SC) Ribble Shimkus Wilson (SC) So the previous question was ordered. Ribble Shuster Wittman Rigell Shuster Wittman The result of the vote was announced Rigell Simpson Wolf Rivera Simpson Wolf as above recorded. Rivera Smith (NE) Womack Womack Roby Smith (NE) Stated for: Roby Smith (NJ) Woodall Roe (TN) Smith (NJ) Woodall Roe (TN) Smith (TX) Yoder Rogers (AL) Smith (TX) Yoder Mr. REED. Mr. Speaker, on rollcall No. 118 Rogers (AL) Southerland Young (AK) Rogers (KY) Southerland Young (AK) I was unavoidably detained. Had I been Rogers (KY) Stearns Young (FL) Rogers (MI) Stearns Young (FL) present, I would have voted ‘‘yea.’’ Rogers (MI) Stivers Young (IN) Rohrabacher Stivers Young (IN) Rohrabacher Stutzman The SPEAKER pro tempore. The NAYS—179 question is on the resolution. NOES—182 Ackerman Fudge Pallone The question was taken; and the Ackerman Filner Pallone Altmire Green, Al Pascrell Speaker pro tempore announced that Altmire Frank (MA) Pascrell Andrews Green, Gene Pastor (AZ) the ayes appeared to have it. Andrews Fudge Pastor (AZ) Baca Grijalva Pelosi Baca Garamendi Pelosi Baldwin Gutierrez Perlmutter Mr. MCGOVERN. Mr. Speaker, on Baldwin Gohmert Perlmutter Barrow Hahn Peters that I demand the yeas and nays. Barrow Green, Al Peters Bass (CA) Hanabusa Peterson The yeas and nays were ordered. Bass (CA) Green, Gene Pingree (ME) Becerra Hastings (FL) Becerra Grijalva Pingree (ME) The SPEAKER pro tempore. This is a Poe (TX) Berkley Heinrich Polis Berkley Gutierrez Polis Berman Higgins Price (NC) 5-minute vote. Berman Hahn Price (NC) Bishop (GA) Himes Bishop (GA) Hanabusa Quigley The vote was taken by electronic de- Quigley Bishop (NY) Hinchey Bishop (NY) Hastings (FL) Rahall Rahall Blumenauer Hinojosa vice, and there were—ayes 233, noes 182, Blumenauer Heinrich Reyes Reyes Bonamici Hirono answered ‘‘present’’ 1, not voting 15, as Bonamici Higgins Richardson Richardson Boswell Hochul Richmond follows: Boswell Himes Brady (PA) Holden Brady (PA) Hinchey Richmond Ross (AR) [Roll No. 119] Ross (AR) Braley (IA) Holt Rothman (NJ) Braley (IA) Hinojosa Brown (FL) Honda Brown (FL) Hirono Rothman (NJ) Roybal-Allard AYES—233 Butterfield Hoyer Butterfield Hochul Roybal-Allard Ruppersberger Adams Dold Jenkins Capps Israel Capps Holden Ruppersberger Rush Aderholt Dreier Johnson (OH) Capuano Jackson Lee Capuano Holt Rush Ryan (OH) Akin Duffy Johnson, Sam Carnahan (TX) Cardoza Honda Ryan (OH) Sa´ nchez, Linda Alexander Duncan (SC) Jones Carney Johnson, E. B. Carnahan Hoyer Sa´ nchez, Linda T. Amash Ellmers Jordan Carson (IN) Kaptur Carney Israel T. Sanchez, Loretta Amodei Emerson Kelly Castor (FL) Keating Carson (IN) Johnson (GA) Sanchez, Loretta Sarbanes Austria Farenthold King (IA) Chandler Kildee Castor (FL) Johnson, E. B. Sarbanes Schakowsky Bachmann Fincher King (NY) Chu Kind Chandler Kaptur Schakowsky Schiff Barletta Fitzpatrick Kingston Cicilline Kissell Chu Keating Schiff Schrader Bartlett Flake Kissell Clarke (MI) Kucinich Cicilline Kildee Barton (TX) Fleischmann Kline Schrader Clarke (NY) Langevin Schwartz Clarke (MI) Kind Bass (NH) Fleming Labrador Schwartz Clay Larsen (WA) Scott (VA) Clarke (NY) Kucinich Benishek Flores Lamborn Scott (VA) Cleaver Larson (CT) Scott, David Clay Langevin Berg Forbes Lance Scott, David Clyburn Levin Serrano Cleaver Larsen (WA) Biggert Fortenberry Landry Serrano Cohen Lewis (GA) Sewell Clyburn Larson (CT) Bilbray Foxx Lankford Sewell Connolly (VA) Lipinski Sherman Cohen Levin Bilirakis Franks (AZ) Latham Sherman Conyers Loebsack Shuler Connolly (VA) Lewis (GA) Bishop (UT) Frelinghuysen LaTourette Shuler Cooper Lofgren, Zoe Sires Conyers Lipinski Black Gallegly Latta Sires Costa Lowey Slaughter Cooper Loebsack Blackburn Gardner Lewis (CA) Slaughter Costello Luja´ n Smith (WA) Costa Lofgren, Zoe Bonner Garrett LoBiondo Smith (WA) Courtney Lynch Speier Costello Lowey Boren Gerlach Long Speier Critz Maloney Stark Courtney Luja´ n Boustany Gibbs Lucas Stark Crowley Markey Sutton Critz Lynch Brady (TX) Gibson Luetkemeyer Sutton Cummings Matsui Terry Crowley Maloney Brooks Gingrey (GA) Lummis Terry Davis (CA) McCarthy (NY) Thompson (CA) Cuellar Markey Broun (GA) Goodlatte Lungren, Daniel Thompson (CA) DeFazio McCollum Tierney Cummings Matsui Buchanan Gosar E. DeGette McDermott Tonko Davis (CA) McCarthy (NY) Tierney Bucshon Gowdy Mack DeLauro McGovern Towns DeFazio McCollum Tonko Buerkle Granger Marchant Deutch McIntyre Tsongas DeGette McDermott Towns Burgess Graves (GA) Matheson Dicks McNerney Van Hollen DeLauro McGovern Tsongas Burton (IN) Graves (MO) McCarthy (CA) Dingell Meeks Vela´ zquez Deutch McNerney Van Hollen Calvert Griffin (AR) McCaul Doggett Michaud Visclosky Dicks Meeks Vela´ zquez Camp Griffith (VA) McClintock Donnelly (IN) Miller (NC) Walz (MN) Dingell Michaud Visclosky Campbell Grimm McCotter Doyle Miller, George Wasserman Doggett Miller (NC) Walz (MN) Canseco Guinta McHenry Edwards Moore Schultz Donnelly (IN) Miller, George Wasserman Cantor Guthrie McIntyre Ellison Moran Waters Doyle Moore Schultz Capito Hall McKeon Engel Murphy (CT) Watt Duncan (TN) Moran Waters Carter Hanna McKinley Eshoo Nadler Waxman Edwards Murphy (CT) Watt Cassidy Harper McMorris Farr Napolitano Welch Ellison Nadler Waxman Chabot Harris Rodgers Fattah Neal Wilson (FL) Engel Napolitano Welch Coble Hartzler Meehan Filner Olver Woolsey Eshoo Neal Wilson (FL) Coffman (CO) Hastings (WA) Mica Frank (MA) Owens Yarmuth Farr Olver Woolsey Cole Hayworth Miller (FL) Fattah Owens Yarmuth ANSWERED ‘‘PRESENT’’—1 Conaway Heck Miller (MI) Cravaack Hensarling Miller, Gary ANSWERED ‘‘PRESENT’’—1 Johnson (IL) Crawford Herger Mulvaney Crenshaw Herrera Beutler Murphy (PA) Johnson (IL) NOT VOTING—20 Culberson Huelskamp Myrick Bachus Davis (IL) Kinzinger (IL) Davis (KY) Huizenga (MI) Neugebauer NOT VOTING—15 Bono Mack Garamendi Lee (CA) Denham Hultgren Noem Bachus Gonzalez Kinzinger (IL) Cardoza Gonzalez Manzullo Dent Hunter Nugent Bono Mack Jackson (IL) Lee (CA) Chaffetz Jackson (IL) Marchant DesJarlais Hurt Nunes Chaffetz Jackson Lee Cuellar Johnson (GA) Diaz-Balart Issa Nunnelee Davis (IL) (TX)

VerDate Mar 15 2010 04:16 Mar 22, 2012 Jkt 019060 PO 00000 Frm 00023 Fmt 4634 Sfmt 0634 E:\CR\FM\A21MR7.005 H21MRPT1 jbell on DSK7SPTVN1PROD with HOUSE H1452 CONGRESSIONAL RECORD — HOUSE March 21, 2012 Manzullo Paul Schweikert Engel Larsen (WA) Rivera Woolsey Yoder Young (FL) Marino Rangel Thompson (MS) Eshoo Larson (CT) Roby Yarmuth Young (AK) Young (IN) Farenthold Latham Roe (TN) ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE Farr LaTourette Rogers (AL) NAYS—2 The SPEAKER pro tempore (during Fattah Latta Rogers (KY) Amash Polis Filner Levin Rogers (MI) the vote). There are 2 minutes remain- ANSWERED ‘‘PRESENT’’—2 ing. Fincher Lewis (CA) Rohrabacher Fitzpatrick Lewis (GA) Rokita Duncan (SC) Mulvaney Flake Lipinski b 1451 Rooney Fleischmann LoBiondo Ros-Lehtinen NOT VOTING—18 So the resolution was agreed to. Fleming Loebsack Roskam Bachus Gingrey (GA) Manzullo Flores Lofgren, Zoe The result of the vote was announced Ross (AR) Bono Mack Gonzalez Marino Forbes Long Ross (FL) Chaffetz Green, Gene Paul as above recorded. Fortenberry Lowey Rothman (NJ) Davis (IL) Jackson (IL) Rangel A motion to reconsider was laid on Foxx Lucas Roybal-Allard Dold Kinzinger (IL) Thompson (MS) Frank (MA) Luetkemeyer the table. Royce Frelinghuysen Lee (CA) Whitfield Franks (AZ) Luja´ n Runyan Stated against: Fudge Lummis ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE Ruppersberger Gallegly Lungren, Daniel Ms. JACKSON LEE of Texas. Mr. Speaker, Rush The SPEAKER pro tempore (during Garamendi E. on rollcall No. 119 on H. Res. 591, the Rule Ryan (OH) Gardner Lynch the vote). There are 2 minutes remain- Ryan (WI) on H.R. 5, I was unavoidably detained. Had I Garrett Mack ing. ´ been present, I would have voted ‘‘no.’’ Gerlach Maloney Sanchez, Linda Gibbs Marchant T. b 1458 f Gibson Markey Sanchez, Loretta Gohmert Matheson Sarbanes So the Senate amendment was agreed UNITED STATES MARSHALS SERV- Goodlatte Matsui Scalise to. ICE 225TH ANNIVERSARY COM- Gosar McCarthy (CA) Schakowsky The result of the vote was announced MEMORATIVE COIN ACT Gowdy McCarthy (NY) Schiff as above recorded. Granger McCaul Schilling The SPEAKER pro tempore. The un- Graves (GA) McClintock Schmidt Stated for: finished business is the vote on the mo- Graves (MO) McCollum Schock Mr. DOLD. Mr. Speaker, on rollcall No. 120, Schrader tion to suspend the rules and concur in Green, Al McCotter I was unavoidably detained. Had I been Griffin (AR) McDermott Schwartz present, I would have voted ‘‘yea.’’ the Senate amendment to the bill (H.R. Griffith (VA) McGovern Schweikert 886) to require the Secretary of the Grijalva McHenry Scott (SC) Mr. GENE GREEN of Texas. Mr. Speaker, Treasury to mint coins in commemora- Grimm McIntyre Scott (VA) on rollcall No. 120, had I been present, I Guinta McKeon Scott, Austin would have voted ‘‘yea.’’ tion of the 225th anniversary of the es- Guthrie McKinley Scott, David tablishment of the Nation’s first Fed- Gutierrez McMorris Sensenbrenner f eral law enforcement agency, the Hahn Rodgers Serrano United States Marshals Service, on Hall McNerney Sessions THE JOURNAL Hanabusa Meehan which the yeas and nays were ordered. Sewell The SPEAKER pro tempore. The un- Hanna Meeks Sherman The Clerk read the title of the bill. Harper Mica Shimkus finished business is the question on The SPEAKER pro tempore. The Harris Michaud Shuler agreeing to the Speaker’s approval of question is on the motion offered by Hartzler Miller (FL) Shuster the Journal, which the Chair will put Hastings (FL) Miller (MI) the gentleman from Ohio (Mr. STIVERS) Simpson de novo. Hastings (WA) Miller (NC) Sires that the House suspend the rules and Hayworth Miller, Gary Slaughter The question is on the Speaker’s ap- concur in the Senate amendment. Heck Miller, George Smith (NE) proval of the Journal. Heinrich Moore Smith (NJ) This is a 5-minute vote. Hensarling Moran The question was taken; and the Smith (TX) The vote was taken by electronic de- Herger Murphy (CT) Speaker pro tempore announced that Smith (WA) Herrera Beutler Murphy (PA) vice, and there were—yeas 409, nays 2, Southerland the ayes appeared to have it. Higgins Myrick answered ‘‘present’’ 2, not voting 18, as Speier Mr. MCGOVERN. Mr. Speaker, on Himes Nadler follows: Hinchey Napolitano Stark that I demand the yeas and nays. [Roll No. 120] Hinojosa Neal Stearns The yeas and nays were ordered. Hirono Neugebauer Stivers The SPEAKER pro tempore. This YEAS—409 Hochul Noem Stutzman Ackerman Brady (TX) Cole Holden Nugent Sullivan will be a 5-minute vote. Adams Braley (IA) Conaway Holt Nunes Sutton The vote was taken by electronic de- Aderholt Brooks Connolly (VA) Honda Nunnelee Terry vice, and there were—yeas 308, nays Akin Broun (GA) Conyers Hoyer Olson Thompson (CA) 101, answered ‘‘present’’ 3, not voting Alexander Brown (FL) Cooper Huelskamp Olver Thompson (PA) Altmire Buchanan Costa Huizenga (MI) Owens Thornberry 19, as follows: Amodei Bucshon Costello Hultgren Palazzo Tiberi [Roll No. 121] Andrews Buerkle Courtney Hunter Pallone Tierney YEAS—308 Austria Burgess Cravaack Hurt Pascrell Tipton Baca Burton (IN) Crawford Israel Pastor (AZ) Tonko Ackerman Braley (IA) Cohen Bachmann Butterfield Crenshaw Issa Paulsen Towns Aderholt Brooks Cole Baldwin Calvert Critz Jackson Lee Pearce Tsongas Akin Broun (GA) Connolly (VA) Barletta Camp Crowley (TX) Pelosi Turner (NY) Alexander Brown (FL) Conyers Barrow Campbell Cuellar Jenkins Pence Turner (OH) Altmire Buchanan Cooper Bartlett Canseco Culberson Johnson (GA) Perlmutter Upton Austria Bucshon Crawford Barton (TX) Cantor Cummings Johnson (IL) Peters Van Hollen Baca Buerkle Crenshaw Bass (CA) Capito Davis (CA) Johnson (OH) Peterson Bachmann Burton (IN) Crowley Vela´ zquez Bass (NH) Capps Davis (KY) Johnson, E. B. Petri Barletta Butterfield Culberson Visclosky Becerra Capuano DeFazio Johnson, Sam Pingree (ME) Barrow Calvert Cummings Walberg Benishek Cardoza DeGette Jones Pitts Bartlett Camp Davis (CA) Walden Berg Carnahan DeLauro Jordan Platts Barton (TX) Campbell Davis (KY) Berkley Carney Denham Kaptur Poe (TX) Walsh (IL) Bass (NH) Cantor DeFazio Berman Carson (IN) Dent Keating Pompeo Walz (MN) Becerra Capito DeGette Biggert Carter DesJarlais Kelly Posey Wasserman Berg Capps DeLauro Bilbray Cassidy Deutch Kildee Price (GA) Schultz Berkley Cardoza Denham Bilirakis Castor (FL) Diaz-Balart Kind Price (NC) Waters Berman Carnahan Deutch Bishop (GA) Chabot Dicks King (IA) Quayle Watt Biggert Carney Diaz-Balart Bishop (NY) Chandler Dingell King (NY) Quigley Waxman Bilirakis Carson (IN) Dicks Bishop (UT) Chu Doggett Kingston Rahall Webster Bishop (GA) Carter Dingell Black Cicilline Donnelly (IN) Kissell Reed Welch Bishop (UT) Cassidy Doggett Blackburn Clarke (MI) Doyle Kline Rehberg West Black Chabot Dreier Blumenauer Clarke (NY) Dreier Kucinich Reichert Westmoreland Blackburn Chandler Duncan (SC) Bonamici Clay Duffy Labrador Renacci Wilson (FL) Blumenauer Cicilline Duncan (TN) Bonner Cleaver Duncan (TN) Lamborn Reyes Wilson (SC) Bonamici Clarke (MI) Edwards Boren Clyburn Edwards Lance Ribble Wittman Bonner Clarke (NY) Ellison Boswell Coble Ellison Landry Richardson Wolf Boren Clay Ellmers Boustany Coffman (CO) Ellmers Langevin Richmond Womack Boustany Cleaver Emerson Brady (PA) Cohen Emerson Lankford Rigell Woodall Brady (TX) Coble Engel

VerDate Mar 15 2010 04:16 Mar 22, 2012 Jkt 019060 PO 00000 Frm 00024 Fmt 4634 Sfmt 0634 E:\CR\FM\A21MR7.010 H21MRPT1 jbell on DSK7SPTVN1PROD with HOUSE March 21, 2012 CONGRESSIONAL RECORD — HOUSE H1453 Eshoo LaTourette Rogers (KY) Neal Ribble Stark the Committee of the Whole House on Farenthold Latta Rohrabacher Olver Roe (TN) Stivers the state of the Union for the consider- Farr Levin Roskam Pallone Rooney Thompson (CA) Fattah Lewis (CA) Ross (AR) Pastor (AZ) Ros-Lehtinen Thompson (MS) ation of the bill, H.R. 5. Fincher Lewis (GA) Ross (FL) Pelosi Rothman (NJ) Tipton b 1505 Flake Lipinski Roybal-Allard Peters Ryan (OH) Visclosky ´ Fleischmann Loebsack Royce Peterson Sanchez, Linda Walsh (IL) IN THE COMMITTEE OF THE WHOLE Fleming Lofgren, Zoe Runyan Poe (TX) T. Waters Quayle Sarbanes Accordingly, the House resolved Flores Long Ruppersberger Woodall Fortenberry Lowey Rahall Schakowsky itself into the Committee of the Whole Rush Yoder Frank (MA) Lucas Reed Schilling Ryan (WI) Young (AK) House on the state of the Union for the Franks (AZ) Luetkemeyer Sanchez, Loretta Renacci Shuler consideration of the bill (H.R. 5) to im- Frelinghuysen Luja´ n Scalise Reyes Slaughter Fudge Lummis prove patient access to health care Schiff ANSWERED ‘‘PRESENT’’—3 Gallegly Lungren, Daniel Schmidt services and provide improved medical Garrett E. Schock Amash Gohmert Owens care by reducing the excessive burden Gibbs Mack Schrader the liability system places on the Gingrey (GA) Maloney Schwartz NOT VOTING—19 Goodlatte Matheson Schweikert Bachus Jackson (IL) Rangel health care delivery system, with Mr. Gosar Matsui Scott (SC) Bass (CA) Kinzinger (IL) Rogers (MI) WESTMORELAND in the chair. Gowdy McCarthy (CA) Scott (VA) Bono Mack Lee (CA) Rokita The Clerk read the title of the bill. Granger McCarthy (NY) Scott, Austin Canseco Manzullo Shuster Graves (GA) McCaul The CHAIR. Pursuant to the rule, the Scott, David Chaffetz Marino Young (IN) Green, Al McClintock Sensenbrenner Davis (IL) Neugebauer bill is considered read the first time. Griffith (VA) McCollum Serrano Gonzalez Paul General debate shall be confined to Grimm McHenry Sessions Guinta McIntyre ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE the bill and amendments specified in Sewell House Resolution 591 and shall not ex- Guthrie McKeon Sherman The SPEAKER pro tempore (during Gutierrez McKinley Shimkus the vote). There are 2 minutes remain- ceed 6 hours equally divided among and Hahn McMorris Simpson controlled by the respective chairs and Hall Rodgers ing. Sires ranking minority members of the Com- Hanabusa McNerney Smith (NE) Harper Meeks b 1505 Smith (NJ) mittees on Energy and Commerce, the Harris Mica Smith (TX) Judiciary, and Ways and Means. Hartzler Michaud So the Journal was approved. Smith (WA) Hastings (WA) Miller (MI) The result of the vote was announced The Chair recognizes the gentleman Southerland Hayworth Miller (NC) from Michigan (Mr. UPTON). Speier as above recorded. Heinrich Miller, Gary Stearns Mr. UPTON. Mr. Chairman, I yield Hensarling Moore f Stutzman myself such time as I might consume. Herger Moran Sullivan Higgins Mulvaney REMOVAL OF NAME OF MEMBER I rise today in support of the PATH Sutton Hinojosa Murphy (CT) AS COSPONSOR OF H.R. 3697 Act, which addresses two of the most Terry Hirono Murphy (PA) glaring deficiencies in the President’s Thompson (PA) Mr. BUCSHON. Mr. Speaker, I ask Hochul Myrick overhaul of the health care system. Holden Nadler Thornberry unanimous consent that I be removed Tiberi By what it does and also by what it Hoyer Napolitano as a cosponsor on H.R. 3697. Huelskamp Noem Tierney fails to do, the health care law threat- Tonko The SPEAKER pro tempore. Is there Hultgren Nugent ens access to quality health care for Towns objection to the request of the gen- Hurt Nunes literally millions of Americans. Issa Nunnelee Tsongas tleman from Indiana? Turner (NY) Section 3403 of the Affordable Care Jenkins Olson There was no objection. Johnson (GA) Palazzo Turner (OH) Act established the Independent Pay- Upton Johnson (IL) Pascrell f ment Advisory Board, or IPAB. A panel Johnson, E. B. Paulsen Van Hollen Johnson, Sam Pearce Vela´ zquez REMOVAL OF NAME OF MEMBER of 15 unelected, unaccountable bureau- Jones Pence Walberg AS COSPONSOR OF H.R. 3359 crats will be given the power to make Jordan Perlmutter Walden major decisions regarding what goods Walz (MN) Kaptur Petri Mr. CLAY. Mr. Speaker, I ask unani- and services are valuable. These deci- Kelly Pingree (ME) Wasserman mous consent to have my name re- Kildee Pitts Schultz sions will then be fast-tracked, essen- Kind Platts Watt moved as a cosponsor from H.R. 3359. tially bypassing the legislative process, King (IA) Polis Waxman The SPEAKER pro tempore. Is there with almost no opportunity for discus- King (NY) Pompeo Webster objection to the request of the gen- Welch sion or review. The PATH Act prevents Kingston Posey tleman from Missouri? Kissell Price (GA) West this by repealing IPAB. Kline Price (NC) Westmoreland There was no objection. I suspect that most Americans still Whitfield Kucinich Quigley f Labrador Rehberg Wilson (FL) believe that patients and their doctors should have a voice and should be able Lamborn Reichert Wilson (SC) PERSONAL EXPLANATION Lance Richardson Wittman to decide what health care services Landry Richmond Wolf Ms. JACKSON LEE of Texas. Mr. that they find valuable. I think that Langevin Rigell Womack Speaker, on H. Res. 591, roll call vote Lankford Rivera Woolsey they still believe that major policy de- Larsen (WA) Roby Yarmuth 119, I was detained on official business, cisions affecting the Medicare program Larson (CT) Rogers (AL) Young (FL) and I would like to indicate that I and the health care system in general would have voted ‘‘no’’ on H. Res. 591, need to go through the regular legisla- NAYS—101 the rule to H.R. 5. tive process and be subject to the nor- Adams Dent Himes mal system of checks and balances ac- Amodei DesJarlais Hinchey f Andrews Dold Holt cording to the Constitution. Baldwin Donnelly (IN) Honda PROTECTING ACCESS TO It is encouraging that the cosponsors Benishek Doyle Huizenga (MI) HEALTHCARE ACT of legislation to repeal IPAB include 20 Bilbray Duffy Hunter Bishop (NY) Filner Israel Mr. UPTON. Mr. Speaker, I ask unan- Democrats and that the bill was favor- Boswell Fitzpatrick Jackson Lee imous consent that all Members may ably reported out of the Energy and Brady (PA) Forbes (TX) have 5 legislative days to revise and ex- Commerce Committee earlier this Burgess Foxx Johnson (OH) tend their remarks on the legislation month without any recorded opposi- Capuano Garamendi Keating Castor (FL) Gardner Latham and to insert extraneous material on tion—a voice vote. Chu Gerlach LoBiondo H.R. 5. I encourage my colleagues on both Clyburn Gibson Lynch The SPEAKER pro tempore. Is there sides of the aisle to support repealing Coffman (CO) Graves (MO) Marchant Conaway Green, Gene Markey objection to the request of the gen- IPAB and not to block its passage at Costa Griffin (AR) McCotter tleman from Michigan? the expense of our seniors in a blind ef- Costello Grijalva McDermott There was no objection. fort to defend the President’s signature Courtney Hanna McGovern The SPEAKER pro tempore. Pursu- legislation. Cravaack Hastings (FL) Meehan Critz Heck Miller (FL) ant to House Resolution 591 and rule The legislation today also includes Cuellar Herrera Beutler Miller, George XVIII, the Chair declares the House in reforms that will actually lower the

VerDate Mar 15 2010 04:16 Mar 22, 2012 Jkt 019060 PO 00000 Frm 00025 Fmt 4634 Sfmt 0634 E:\CR\FM\A21MR7.007 H21MRPT1 jbell on DSK7SPTVN1PROD with HOUSE H1454 CONGRESSIONAL RECORD — HOUSE March 21, 2012 cost of health care, a glaring omission duct, so long as their products were at that we need IPAB to make Congress in the President’s health care law. The one time approved by the FDA. do its job. But no one should think that health care law failed to provide any This bill preempts State action in an the hyperbole of IPAB’s Republican meaningful reform to the broken and area that has traditionally been left to critics—rationing, death panels, and costly medical liability system, which the States. To the extent that we do faceless bureaucrats pulling the plug is currently one of the largest cost have a medical malpractice problem in on sick patients—represents reality. drivers of our health care system. this country, it should be addressed at That came from their propaganda word The current system is responsible for the State level. But this bill not only masters. as much as $200 billion a year in unnec- strips away State law; it puts in place House Republicans are voting to re- essary spending on defensive medicine. a Federal scheme that will not reduce peal the Independent Payment Advi- It fails to compensate injured patients medical errors, will not award appro- sory Board because they simply want in a fair and timely matter, and it priate and adequate compensation to eliminate Medicare. They want to threatens access to quality health care when an injury occurs, and will not provide vouchers instead of benefits. by driving good doctors out of high- lower health care costs. They want to shift costs to the bene- risk specialties such as obstetrics and The second part of the bill would re- ficiaries. They want to put Medicare neurosurgery. peal the Independent Payment Advi- into a death spiral and leave insurance sory Board, which helps keep Medicare companies in charge of seniors’ care. b 1510 costs under control if they rise more Then it would be the insurance compa- According to the CBO, these com- than anticipated. IPAB’s role is to rec- nies that could then ration care, cut monsense reforms will reduce the Fed- ommend evidence-based policies to im- benefits and, according to the Congres- eral deficit by $48.6 billion over the prove Medicare without harming pa- sional Budget Office, likely increase next 10 years. tients. out-of-pocket costs by $6,000. How have opponents proposed to fix Repealing IPAB is the height of hy- Does anybody doubt insurance com- this present system? They want to pocrisy. The main Republican attack panies ration care? Try to get an insur- spend more; $50 million in grants for on Medicare and the Affordable Care ance policy if you have a previous med- State demonstrations, as called for in Act is that we cannot afford them. ical condition. They won’t even cover the health care law, is not a solution. House Republicans are proposing you, or they will charge you so much It’s an abdication of responsibility. The changes that would destroy Medicare you can’t afford it. Is that what we President promised to look at Repub- because they say taking care of our want, to let the insurance companies lican ideas for medical liability reform. seniors just costs too much. Yet today make these decisions for our seniors Passing this legislation is the very they will vote for a bill that eliminates and disabled people? first step towards allowing the Presi- one of Medicare’s cost-saving innova- H.R. 5 is a partisan assault on Medi- dent to make good on that promise. tions and saddles Medicare with over $3 care and an assault on patients who are Health care decisions should be made billion in unnecessary costs. It’s no injured by careless doctors and drug between a doctor and a patient. That wonder that the public holds Congress companies and an assault on States’ relationship doesn’t work when bureau- in so little regard. rights. I urge my colleagues to vote ‘‘no’’ on crats and trial lawyers come between The Republican master plan for H.R. 5. them. So I urge my colleagues to vote Medicare is to end the guarantee cov- Mr. Chairman, I reserve the balance in support of this legislation. erage and shift more costs on to sen- Mr. Chairman, I reserve the balance of my time. iors and people with disabilities. They Mr. UPTON. Mr. Chairman, I yield 2 of my time. don’t hold down the costs; they simply minutes to the chairman emeritus of Mr. WAXMAN. Mr. Chairman, I yield shift them on to seniors and disabled the Energy and Commerce Committee, myself such time as I may consume. people. Under Medicare, they pay more Mr. BARTON, the gentleman from I rise in opposition to H.R. 5. It com- for it out of their own pockets. This is Texas. bines two very bad ideas into one ter- part of the Republican assault on Medi- (Mr. BARTON of Texas asked and rible bill that is anti-senior, anti-con- care. It would repeal the backstop in was given permission to revise and ex- sumer, and anti-health. Medicare that keeps Medicare afford- tend his remarks.) It’s no accident that we’re consid- able for seniors. Mr. BARTON of Texas. I thank the ering the legislation during the second I want to be clear about what the distinguished chairman. anniversary of the Affordable Care Act, IPAB is and what it isn’t. The board is We have just heard an argument from because this is a thinly veiled, partisan explicitly in statute prohibited from one of the authors, if not the chief au- attempt to confuse the public and ob- rationing. It also is prohibited from thor, of the new health care law. So it’s scure the law’s success in covering making recommendations that in- understandable that former Chairman young people, reducing costs for sen- crease costs to seniors or cut benefits. Waxman would rise in indignant de- iors, and providing improved health IPAB also doesn’t take away the role fense of his product and opposed to this benefits. of Congress. IPAB makes recommenda- bill. Title I of the bill before us, the med- tions, but Congress can and should act H.R. 5, the PATH bill, is in actuality ical malpractice provisions, have been on those recommendations. a reasoned response to an irrational at- around for over a decade. They have We hear a lot about these unelected tempt to socialize health care in the not been enacted under Democratic or bureaucrats. Let me tell you that, United States of America. The Inde- Republican Congresses and Presidents around this place, there are a lot of pendent Payment Advisory Board, because they are an extreme intrusion elected bureaucrats. Here is the funda- which this legislation repeals, is an on the authority of the States to set mental difference between the Demo- independent 15-member panel ap- their own liability rules and would cratic approach to Medicare and the pointed by the President, unless the shield bad actors from accountability Republican approach: Democrats in President doesn’t appoint it, in which when they cause injury and death. Congress are committed to preserving case three of the President’s chief ad- Let’s be clear: this bill is much Medicare and protecting seniors’ bene- visers become the board. And if they broader than traditional medical mal- fits; Republicans have proposed ending don’t decide to do it, then one person, practice legislation. It protects manu- Medicare’s guarantee of coverage so the Secretary of Health and Human facturers, distributors, suppliers, mar- they can pay for tax breaks for oil Services, has the authority when this keters, even promoters of health care companies and millionaires. Let me kicks in in 2014 to make all kinds of de- products. And it gives them protection underscore that. They want to take cisions that directly impact health even if they intentionally cause harm. money out of Medicare so they can give care in America. Insurance companies and HMOs are more tax breaks to billionaires and oil I don’t think, and a majority of my protected as well. The bill shields drug companies. colleagues don’t think, that that’s the and device manufacturers with com- Like some of my colleagues, I have way it should be done. So this bill in plete immunity from punitive dam- concerns about some aspects of the one paragraph—I think on page 24—re- ages, no matter how reckless their con- IPAB. I don’t agree with the premise peals that section. That is a good start.

VerDate Mar 15 2010 04:16 Mar 22, 2012 Jkt 019060 PO 00000 Frm 00026 Fmt 4634 Sfmt 0634 E:\CR\FM\K21MR7.054 H21MRPT1 jbell on DSK7SPTVN1PROD with HOUSE March 21, 2012 CONGRESSIONAL RECORD — HOUSE H1455 It is not the end-all be-all, but it is a Committee’s Subcommittee on Health ious position. There is no easy solution good start to regaining control of markup, I voted in favor of its repeal. to this problem, but Republicans have health care by individuals and the But, unfortunately, my Republican col- put forward a plan that would actually marketplace. leagues have no interest in truly re- set the program on a healthy fiscal path again, without hurting those who b 1520 pealing IPAB. They only care about de- facing the Affordable Care Act and con- are already on the program. The other thing this bill does is it tinuing their political game of repeal- Of course, because this is Wash- puts in a medical malpractice reform ing the law piece by piece. How do I ington, rather than having a hearty de- that has been long overdue. The Presi- know that? Because they’ve decided to bate, this proposal continues to be dent, in his State of the Union, said he pay for the IPAB repeal with H.R. 5, demagogued and derided. Instead, the was for medical malpractice reform, one of the most controversial and his- health reform bill gave us IPAB, an un- but I am told that he has said he is not torically partisan bills of the past dec- accountable board tasked with limiting for this medical malpractice reform, ade. procedures and treatments in order to just like he is not against the Keystone We’ve been through this same debate. control costs. It’s a top-down, uncon- pipeline, but he called Senators to op- Every time, every year, H.R. 5, on the stitutional, ineffective, and inefficient pose it when it came up in the other floor again. Each year the Republicans way to solve Medicare’s fiscal prob- body. have been in charge, we’re forced to lems. And if you think that this board We need medical malpractice reform. consider identical legislation that con- won’t make recommendations to limit Independent observers have said that tains the exact same areas over which the use of expensive but life-sustaining this bill, which Congressman GINGREY we remain divided. In fact, the Repub- treatments, you haven’t been paying of Georgia is the original sponsor of, licans weren’t even able to enact this attention. would save $48 billion over, I think, a bill into law when they had the majori- But here’s something that gets lost 10-year period if enacted—$48 billion. ties in the House and Senate and the in this debate: IPAB doesn’t just apply That’s real reform. It does not preempt Presidency, and the reason is because to Medicare benefits for seniors who States. It allows the States to continue they have zero desire to solve the prob- are on a government program. First off, those of us who have been their medical malpractice laws that lems of this country. All they are in- here for a while know that private in- they’ve already enacted. terested in accomplishing is a political surers tend to follow Medicare. We see So I ask that we vote for this piece of message to take home to their dis- it all the time. Once Medicare changes legislation. tricts. coverage for a treatment, those deci- And I thank the chairman and the I have said again and again that I sions push private payers to also move subcommittee chairman and all of the would work with my colleagues on in that direction, because so much of Members who have made it possible. truly addressing malpractice reform, our health care system relies on Medi- Mr. WAXMAN. Mr. Chairman, I am but those calls have gone unanswered. care’s policies. The government al- pleased at this time to yield 3 minutes Over the years, there has been little ef- ready controls so much of our health to the distinguished ranking member fort on the part of Republicans to and soon-to-be chairman of the Health care sphere that inefficiencies abound. reach across the aisle and to work with If that weren’t enough, starting in Subcommittee, the gentleman from Democrats on a satisfactory solution New Jersey (Mr. PALLONE). 2015, the IPAB can make decisions to medical liability reform. about what private plans will cover. Mr. PALLONE. I thank the gen- I do understand that medical mal- tleman from California. Yes, 15 people will be deciding what practice and liability is a very real private companies will be covering. I have a great deal of respect for my problem for doctors in my home State former chairman and colleague from That’s what is fundamentally wrong and in the country, but H.R. 5 is not with the health care reform law, and Texas, but as I listen to him, the prob- the answer. Any true reform must take lem is that it’s always the same: It’s we should repeal the whole thing. But a balanced approach and include pro- in the meantime, let’s repeal this ill- my way or the highway. And it’s just tections for the legal rights of patients very unfortunate, because there have conceived board and address this coun- and be limited to medical malpractice. try’s medical malpractice problems been many opportunities in the com- Today my vote on this package is a mittee where we could have worked to- while we’re at it. ‘‘no’’ vote on H.R. 5 alone. As I have Mr. WAXMAN. Mr. Chairman, I am gether to come up with legislation on stated, it’s too controversial and ex- pleased to yield to an important mem- things like malpractice reform and treme in its current form. Although ber of our committee, the gentleman IPAB, but that’s not what we get from it’s described as a medical malpractice from Texas (Mr. GREEN) for 2 minutes. the Republican side of the aisle. They measure, H.R. 5 extends far beyond the Mr. GENE GREEN of Texas. I thank just constantly want to do their own field of malpractice liability. my colleague, the ranking member on thing. I am just extremely disappointed. I our Energy and Commerce Committee. And as he said, the President may be am being honest in saying this. I am I rise in opposition to this bill. I am for malpractice reform, but if he’s not very disappointed that the Republican not opposed to all of it; in fact, I am a for this malpractice reform, then he’s a leadership has robbed many Democrats strong supporter of the repeal of the bad guy. And that’s the point: We need of their ability to vote cleanly on IPAB IPAB provisions. However, we can’t un- to get together. If we’re ever going to repeal and have, instead, yet again, po- dermine Americans’ rights in court accomplish anything, we need to work liticized this body. through placing arbitrary limits on together; and I don’t see that hap- When will you learn? malpractice cases. That’s what this bill pening on the Republican side of the Mr. UPTON. Mr. Chairman, I yield 2 before us does. We shouldn’t solve a aisle today. minutes to the gentlelady from North bad policy problem by implementing I am very disappointed in the process Carolina, the vice chairwoman of the more bad policy. We should be passing of considering H.R. 5. I am dis- Energy and Commerce Committee, good legislation, not trying to pass appointed and frustrated that my Re- Mrs. MYRICK. something that has no chance of be- publican colleagues had an opportunity Mrs. MYRICK. I thank the chairman. coming law, and that’s what this bill to bring to the floor a bill that I and Mr. Chairman, this is Washington, so does. some of my Democratic colleagues sup- we have to have an acronym for every- The Affordable Care Act, the under- ported, but what they decided to do in- thing up here. The IPAB isn’t a new lying statute that this bill is amend- stead is to simply play political games, techie device but is an example of one ing, has had an enormous positive im- political games over and over again. of the many misguided parts of the pact on the constituents I represent, All sectors of the health care indus- budget-busting health care reform law. and the law hasn’t totally taken effect try agree that the Independent Pay- What is this debate really about? We yet. But it’s getting better. I was proud ment Advisory Board, IPAB, should be all know that Medicare is headed to- to support this landmark legislation as repealed. I am the first one to tell you ward financial catastrophe, and the part of the Energy and Commerce Com- how much I am opposed to IPAB. In health reform law only succeeded in mittee and on the Health Sub- fact, during the Energy and Commerce putting the program in a more precar- committee.

VerDate Mar 15 2010 04:16 Mar 22, 2012 Jkt 019060 PO 00000 Frm 00027 Fmt 4634 Sfmt 0634 E:\CR\FM\K21MR7.056 H21MRPT1 jbell on DSK7SPTVN1PROD with HOUSE H1456 CONGRESSIONAL RECORD — HOUSE March 21, 2012 Before the passage of the Affordable ously, business communities are seek- cess to health care under Medicare. Ad- Care Act, my congressional district ing waivers. Seventeen hundred enti- ditionally, as a physician who prac- had the largest percentage of uninsured ties are asking for waivers because ticed for more than two decades, I’m of any district in our country. We still they can’t comply. It creates uncer- opposed to its broad authority to make have a lot of work to do, but things are tainty in the marketplace. recommendations that would det- getting better. For the last 2 years, So for all these reasons we must pass rimentally affect health care providers 53,000 children in my district can’t lose this bill. In fact, IPAB is SGR on and eventually Medicare beneficiaries. the security offered by health insur- steroids. Rather than fixing the SGR However, attaching at the very last ance due to preexisting conditions; problem in the health care law, Demo- minute a medical malpractice bill that 3,400 seniors have saved an average of crats are happy to allow continued cuts provides protection to every entity in- $540 on prescription drugs; 9,000 young to physician payments and then double volved in medical malpractice and people now have health insurance that down on further cuts through IPAB. health care lawsuits except the victim they didn’t have before the Affordable This is a group of 15 unelected bureau- is just plain wrong. Care Act. crats who would save Medicare by And, no pun intended, but adding in- The Affordable Care Act is not per- making draconian cuts to provider pay- sult to injury is the fact that their fect, but no bill is perfect. The bill be- ments. Democrats wanted to control medical malpractice bill is completely fore us today is far from perfect. I sup- the future cost of Medicare by giving outdated. The bill was designed more port the repeal of IPAB. I opposed unelected, bureaucrats the power to than two decades ago. Back then we IPAB in 2009 when it came up in our cut payments to hospitals and to our did have challenges with malpractice committee markup of the Affordable doctors. insurance, but today those challenges Care Act. I do not believe a panel of If Democrats were serious, they have been addressed. Today, we do not outsiders appointed by the President would support this bill. NANCY PELOSI, have a malpractice insurance crisis in should take responsibility for what the former Speaker and minority lead- this country. Congress needs to do in making deci- er said, ‘‘We have to pass this bill so I strongly oppose H.R. 5, and encour- sions on Medicare payment rates. you can find out what’s in it.’’ Remem- age my friends on the other side of the That’s part of our job as Members of ber that quote? aisle in the future, if it’s more than Congress. However, this bill has I am determined to make sure we just political rhetoric, to quit while stepped too far; and I want to the op- don’t have to fully implement the bill they’re ahead. portunity to vote on a freestanding so we can see what it costs. Mr. PITTS. Mr. Chair, at this time I IPAB repeal, but I cannot support H.R. Mr. WAXMAN. Mr. Chairman, I’m al- yield 2 minutes to the distinguished 5 because it’s a bridge too far. ways amused when I hear people talk vice chairman of the Health Sub- about government interference in our committee, the gentleman from Texas, b 1530 lives. If people think Medicare is an Dr. BURGESS. Mr. UPTON. Mr. Chairman, I yield 2 unjust government interference in Mr. BURGESS. I thank the chairman minutes to the gentleman from Florida their lives, they can forgo their Medi- for the recognition. (Mr. STEARNS). care, but I don’t know too many people Mr. Chairman, I will focus my re- Mr. STEARNS. I thank the distin- who would like to do that. What the marks on the Independent Payment guished chairman. Republicans are proposing is to take Advisory Board because it encompasses This bill, contrary to what the gen- that Medicare away from them and all that is wrong with the Affordable tleman from Texas said, is an oppor- turn it over to private insurance. Put Care Act. The health law itself con- tunity for him to vote to not let bu- that to a vote. I don’t think the Amer- tains policies that will disrupt the reaucrats make the decision. He has a ican people would support that either. practice of medicine. Along with the chance to do this. I’m a little surprised I am pleased to yield 2 minutes to a many excesses and constrictions within why he’s saying he’s against the bill. very important member on our com- the law, the Independent Payment Ad- Of course, I think many of us are going mittee, especially the Health Com- visory Board represents the very worst to repeat the same arguments. mittee, the Representative from the of the worst of what will happen. The fundamental point is that this Virgin Islands (Mrs. CHRISTENSEN). As a physician, as a Member of Con- bill will save almost $50 billion over 10 Mrs. CHRISTENSEN. I thank you for gress, as a father, as a husband, as a years. How many people on this side yielding. patient in his sixties, I am offended by don’t want to save money? I think ev- Mr. Chair, I rise today during a time the Independent Payment Advisory erybody on both sides of the aisle when we should all be celebrating the Board. This board is not accountable to would like to save money. So this is many great successes of the Affordable any constituency, and it exists only to stopping defensive medicine and untold Care Act on its second-year anniver- cut provider payments to fit a mathe- amount of litigation by passing this sary. Democrats have rightly been ap- matically created target. The board bill. This could effectively create lower plauding the health and economic ben- throws the government into the middle premiums for everybody and lower the efits of affordable, reliable access to of what should be a sacred relationship cost of health care. high-quality health care services between the doctor and the patient. This bill would eliminate, as pointed brought about by that landmark law. The doctor and the patient should have out even by the gentleman from Texas, Not so with our Republican colleagues, the power to influence prices and guide the Independent Payment Advisory who choose to ignore or misrepresent care, not this board. Board, given the colloquial name of the many benefits millions of people Beyond controlling Medicare, the IPAB. Just this morning, as chairman have been enjoying because of the Af- Independent Payment Advisory Board’s of the Oversight and Investigation fordable Care Act. rationing edicts will serve as a bench- Committee, we held a hearing on the Then comes this disastrous marriage mark for private insurance carriers’ President’s failed health care law. It’s between two bills—one that will repeal own payment changes. Although Mr. clear that countless pages of regula- the Independent Payment Advisory WAXMAN bemoaned the fact that pri- tion, rules, and requirements for Board—which some Democrats like vate insurance would be part of Medi- ObamaCare have been incredibly con- myself support—and the other mal- care, this thing will actually dictate fusing. When we had this hearing, it practice bill, which I strongly oppose the behavior of private insurances in was brought up clearly that this bill, because it will trample States’ rights, this country. over 2 years old, has given almost 1,700 providing extraordinary protections for The board will have far-reaching im- waivers to entities who cannot comply drug and medical device and health in- plications beyond Medicare for our Na- with this health care bill. surance companies, making it nearly tion’s doctors. Because of the limita- So my constituents and individuals impossible for those harmed to seek tions on what the control board can throughout this country view these and achieve justice. cut, the majority of spending reduc- massive new rules and regulations as I support the IPAB repeal because in tions will come from cuts to part B, increasing interference by the Federal its current form it will not achieve sig- the doctors’ fees. Doctors will become Government into their lives. And, obvi- nificant savings or ensure quality ac- increasingly unable to provide the

VerDate Mar 15 2010 04:16 Mar 22, 2012 Jkt 019060 PO 00000 Frm 00028 Fmt 4634 Sfmt 0634 E:\CR\FM\K21MR7.058 H21MRPT1 jbell on DSK7SPTVN1PROD with HOUSE March 21, 2012 CONGRESSIONAL RECORD — HOUSE H1457 services that the board has decided are hibits recommendations that would ra- What’s missing from that is any re- not valuable. tion care, change premiums, or reduce quirement that it might be people who Is the answer to squeeze out doctors? Medicare benefits. have knowledge of such things as on- Sounds like rationing to me. In short, this independent board is cology, endocrinology, pediatrics, ob- So which sounds like the better— about strengthening Medicare with evi- stetrics, geriatric medicine, family Medicare bankruptcy and an unelected dence-based decisionmaking. Without medicine and surgery, and the list goes board deciding the care of Medicare innovative reforms like the board, on and on. So, in other words, what’s beneficiaries or doctors and patients Medicare’s future will be put in jeop- going to happen here is not only if you deciding and defending the right of the ardy. Kicking this can down the road like your doctor you may not be able care that they receive? any further will only bolster those who to keep him or her, but if your doctor The future of American health care seek to kill Medicare. We must doesn’t like what’s going to be covered, should not be left up to this board, to strengthen Medicare, not end the Medi- there is nothing he or she can do about this panel. It’s an aloof arbiter of care guarantee. that. This is not the practice of medi- health care for seniors who depend on The Affordable Care Act strength- cine; this is the practice of government Medicare. I support the repeal of the ened Medicare. It extended the life of overtaking medicine. Independent Payment Advisory Board. the trust fund and has already lowered While Americans were begging for us I’ll just leave you with a quote from costs for millions of seniors. However, to fix a broken system, what they got the American Medical Association: without innovation, our current sys- was half a trillion in new taxes, half a trillion in Medicare cuts, trillions in It puts our health policy and payment de- tem will be unsustainable for our Na- cisions in the hands of an independent body tion’s families, businesses, and tax- new costs, and massive mandates—1,978 new responsibilities of the Secretary of with no accountability. Major changes in the payers. Health and 150 boards, panels, and com- Medicare program should be decided by The Republican plan to end the Medi- missions yet to be appointed. And we elected officials. care guarantee is no alternative. Inno- don’t know what’s going to happen. We The American Medical Association. vation is the alternative. I urge my need to return health care to where it Mr. WAXMAN. Mr. Chairman, I am colleagues to support the Independent pleased to yield 3 minutes to my col- really is going to be fixed. Payment Advisory Board and reject Mr. WAXMAN. Mr. Chairman, I yield league from California, one of the key this legislation. people in the authorship of the Afford- myself 1 minute. We’re talking about the Independent able Care Act, GEORGE MILLER. b 1540 Payment Advisory Board—advisory Mr. GEORGE MILLER of California. Mr. PITTS. Mr. Chairman, I would board. I thank the gentleman for yielding. much rather hear from some of our Mr. Chair, I came to Congress in 1975. The appointed membership of the Board doctor friends who are speaking so elo- shall include physicians and other health Since that time, I’ve been involved in quently. I have another doctor, a mem- professionals, experts in the area of the debate over national health reform ber of the Health Subcommittee, from pharmaco-economics or prescription drug proposals. Throughout these debates, Pennsylvania. I yield 2 minutes to the benefit programs, employers, third-party lawmakers struggled with how to con- distinguished gentleman, Dr. TIM MUR- payers, individuals skilled in the conduct trol costs without sacrificing quality PHY. and interpretation of biomedical, health care. Unfortunately, for decades, Con- Mr. MURPHY of Pennsylvania. I services. gress chose to kick the can down the thank the gentleman. Dot, dot, dot. These are people who road while costs continue to climb and Last decade, when I was a State sen- will give us some recommendations, to soar. This trend ended with Afford- ator of Pennsylvania, I took on HMOs but they can’t give us recommenda- able Care Act. and plans that made decisions by actions to take away services. They can’t For the first time, Congress put in countants and MBAs and not MDs. It give us a recommendation to impose place specific and identifiable measures was important to do that because we more costs on the Medicare bene- that will make our health care system found that doctors could not make de- ficiaries. And when they give us their more transparent and efficient. This cisions even though they were sup- recommendations, Congress can act on includes the creation of the Inde- posedly empowered to do that. Instead, it. And if we don’t like it, we can pendent Payment Advisory Board. This there were boards that would make de- change them. board will be a backstop to ensure that cisions for them. I think we have the Republicans try- Federal health programs operate effi- And now here we are with deja vu all ing to scare people. They come in and ciently and effectively for both seniors over again. We’re about to have 15 say ‘‘Medicare costs too much.’’ Well, and taxpayers. We need to give these Presidential appointees—even under if it costs too much, that’s why we innovations a chance to work. Because the advice of both Chambers of Con- need this backup, to be sure that we’re without these innovations, there’s lit- gress—none of whom are involved with holding down costs. They say, ‘‘it costs too much and therefore let’s ends it.’’ tle hope to get health care costs under medicine, making decisions with re- That doesn’t make any sense. I think control. gard to who makes decisions for you in Americans should not be fooled. Five hundred thirty-five Members of terms of what gets paid and how much Mr. Chairman, I would like to now Congress cannot be nor should they be gets paid to doctors and hospitals. But yield 3 minutes to my colleague from the doctors who think they know best as it goes through, what happens if California, the ranking member of the of the practice of every medical field. there’s a decision that says it’s not Subcommittee on Health of the Ways Five hundred thirty-five Members of going to be covered? Can you call the and Means Committee, Mr. STARK. Congress are not immune to special in- board, itself? No. Can your doctor call (Mr. STARK asked and was given terests that have a financial stake in the board? No. Can your hospital call permission to revise and extend his re- the decisions that are made—not nec- the board? No. Can your Member of marks.) essarily in the best interest of the sen- Congress call the board? No. But, in Mr. STARK. I want to thank Mr. iors, the taxpayers, or the delivery of fact, it would take an act of Congress WAXMAN for yielding to me at this medicine in this country, but perhaps passed by the House and Senate and time. in the best interest of their companies. signed by the President to override I rise in opposition to H.R. 5, brought That’s why the Affordable Act created them. to the floor by my Republican col- an independent board of health experts So who is this panel, and what deci- leagues. It does two things. It repeals to make the recommendations to im- sions can they make? By law, it’s peo- IPAB as created in the Affordable Care prove the system. It does not usurp the ple who are involved with finance, eco- Act, and it enacts a medical mal- role of Congress. It simply acts as a nomics, hospital administration, reim- practice reform long sought by my Re- fail-safe in case government spending bursements, some physicians, health publican friends as a way to protect exceeds benchmarks. Under the law, professionals, pharmacy benefit man- pharmaceutical companies, medical de- doctors will retain full authority to agers, employers, people involved with vice companies, and health care pro- recommend the treatments they think outcome research and medical health viders from any liability or full liabil- are best for patients. The law also pro- services and economics. ity when they cause harm or death.

VerDate Mar 15 2010 04:16 Mar 22, 2012 Jkt 019060 PO 00000 Frm 00029 Fmt 4634 Sfmt 0634 E:\CR\FM\K21MR7.061 H21MRPT1 jbell on DSK7SPTVN1PROD with HOUSE H1458 CONGRESSIONAL RECORD — HOUSE March 21, 2012 The medical malpractice part of this SUPPORT REPEAL OF THE MEDICARE tions for health care providers and health bill is so bad that the California Med- INDEPENDENT PAYMENT ADVISORY BOARD (IPAB) care organizations from liability, loss, or ical Association rejects the bill and CMA strongly opposes the Medicare Inde- damages than those provide by this title or pendent Payment Advisory Board (IPAB) create a cause of action or any State law that says to vote ‘‘no’’ unless they had a de- governs the allocation or recovery of damages cent medical malpractice reform part which thwarts Congress’ stewardship of the Medicare program and gives fifteen unac- among joint tort feasors. in it. And when the doctors will reject countable individuals the power to make sig- 2. No Punitive Damages for Medical Prod- medical malpractice reform issues, you nificant cuts to Medicare. We believe it is ucts and Devices that Comply with FDA know it’s got to be bad. Congress’ responsibility to ensure the Medi- Standards The CMA has serious concerns with grant- This extreme proposal is really not care program meets the needs of their coming complete immunity from punitive dam- needed. I happen to agree with the part munities. The IPAB is mandated to make ages to medical product and device manufac- draconian cuts if Medicare spending exceeds of the bill that repeals IPAB. We re- turers, distributors and suppliers. We believe unrealistic budget targets in 2014. While we fused to include it in the House version this will force plaintiffs to look only to phy- appreciate the necessity to control the of health reform. And Congress has al- sicians and other providers to seek relief and growth in health care spending, the IPAB ways stepped in in its congressional will significantly increase physician expo- mandate does not leave room to actually re- sure and liability costs. CMA believes that manner to strengthen Medicare’s fi- form the program, particularly because hos- the United States Supreme Court decision on nances when needed, and I see no need pitals and other providers are exempt from this issue in Levine v Wyeth was correct and for us to relinquish that duty. We only the cuts until 2020. It disproportionately should remain the law because the alleged have to look at the health reform law. harms physicians who are already challenged benefits of providing immunity to pharma- to provide care to Medicare patients with It has extended solvency; it has slowed ceuticals companies through preemption are limited resources. As you know, physicians spending growth; it has lowered bene- far outweighed by the harm to patient care are facing large Medicare SGR payment cuts ficiary costs; it has improved benefits, and physicians. over the next decade as well. Therefore. CMA urges that subdivision (c) modernized the delivery system, cre- These measures are already forcing more of Section 106 of Title I of the Protecting Ac- ated new fraud-fighting tools. We’ve California physicians to limit the number of cess to Healthcare Act be stricken in its en- done a good job. In fact, the CBO Medicare patients they can accept. If addi- tirety. projects that IPAB won’t even be trig- tional cuts take effect, physicians will be At the very least, if Title I, Section 106(c) gered until the next 10 years, proving forced to leave the program—harming timely remains in the bill, the CMA requests the we’ve already done our job here in Con- access to quality care for California’s seniors following amendments to protect physicians gress of strengthening Medicare’s fi- and military families. from punitive damages liability that would nances. The IPAB was not part of the House Health otherwise be that of the manufacturers and Care Reform bill because most of the leaders Today’s Republican support to repeal suppliers of medical products and devices. in the California delegation opposed it. Page 10, line 14: (c) No punitive damages IPAB isn’t a sincere interest in pro- Please continue to stand against an IPAB viding Medicare for all. They still want for products that comply with FDA stand- that takes important decisions out of your ards to give us an unfunded or underfunded hands. (1) In General (A) No punitive damages voucher, slash and burn funding. And MEDICAL LIABILITY: OPPOSE UNLESS AMENDED may be awarded against the manufacturer, despite my opposition to IPAB, it’s far For the last several decades, California’s distributor, or prescriber of a medical prod- less dangerous to Medicare than the medical liability law—MICRA—has success- uct, or a supplier of any component or raw Republican voucher plan put forth in fully protected patients and physicians. It material of such medical products, based on the House Republican budget this has kept medical liability insurance afford- a claim that such product caused the claim- able and thus, protected access to care for ant’s harm where— week. IPAB doesn’t undermine Medi- Page 16. Lines 24–25: ‘‘. . . or the manufac- care’s guaranteed benefits and its abil- California patients while reducing health care costs. CMA appreciates the provisions turer, distributor supplier, marketer, pro- ity to reduce Medicare spending. It has in H.R. 5 that allow state preemption and the moter, øor¿ seller, or prescriber of a medical guardrails to prevent it. It doesn’t per- preservation of California’s important product, . . .’’ mit costs to come from reducing Medi- MICRA law. While we agree with the intent Page 17, Lines 15–16: ‘‘. . . or the manufac- care and increasing costs on bene- of H.R. 5—to provide MICRA-like protections turer, distributor supplier, marketer, pro- ø ¿ ficiaries. It prohibits rationing, and it for physicians in other states—we have seri- moter, or seller, or prescriber of a medical ous concerns with two provisions that will product, . . .’’ has annual limits on the cuts. The Re- Page 17, Line 25: ‘‘44. . . or the manufac- increase physician liability costs not only in publican voucher plan has none of turer, distributor supplier, marketer, pro- California but across the country. We believe these protections. moter, øor¿ seller, or prescriber of a medical these provisions are inconsistent with the The Republicans are continuing their product, . . .’’ stated intent of the legislation to reduce in- The CMA urges you to accept these impor- march begun by Newt Gingrich to have surance premiums and overall health care Medicare ‘‘wither on the vine.’’ I urge tant amendments. We appreciate the efforts costs. to repeal the IPAB, to protect California’s my colleagues to vote ‘‘no’’ on yet an- 1. Fair Share Rule MICRA law with a state preemption, and to California has a joint and several liability other political stunt, which really, bring liability relief and lower health care law that governs economic damages and al- thankfully, is not destined to become costs to the rest of the nation. law at this time. lows claimants to recover the full amount of Thank you for this important work. economic damages from any defendant. The Sincerely, Sacramento, CA, Mar. 15, 2012. Fair Share Rule in H.R. 5 will preempt Cali- RE. H.R. 5 Protecting Access to Healthcare JAMES T. HAY, MD, fornia’s law and put full recovery by injured President. Act. patients at risk. As written, the Fair Share CMA Position. Oppose Unless Amended. Rule will dramatically increase the potential Mr. PITTS. Mr. Chairman, I’d just Hon. JOHN BOEHNER, for physicians to face enforcement pro- like to take 30 seconds to respond to Speaker, House of Representatives, ceedings against their personal assets. This the distinguished ranking member be- Washington, DC will force physicians to purchase increased fore I yield to Mr. BASS. Hon. NANCY PELOSI, medical professional liability insurance cov- He mentioned that this so-called ex- Minority Leader, House of Representatives, erage, which will significantly increase li- pert panel could have physicians and Washington, DC. ability premiums in California for physi- health care professionals. I refer him to DEAR SPEAKER BOEHNER AND LEADER cians. section 3403(g) of PPACA on page 423, PELOSI: The California Medical Association Therefore, CMA requests the following has adopted a position of Oppose Unless amendment that would allow states with specifically on the majority for the Amended on H.R. 5 the ‘‘Protecting Access joint and several liability laws to maintain panel. There’s a specific prohibition to Healthcare Act.’’ While we strongly sup- those important laws. that you can’t have a majority of port the repeal of the Medicare Independent Page 23, line 4 Add: (b) Protection of health care providers or physicians on Payment Advisory Board (IPAB) and appre- States’ Rights and Other Laws. IPAB. And as far as these being rec- ciate the state preemption of medical liabil- (1) Any issue that is not governed by any ommendations, you can’t appeal; you ity laws that will preserve California’s suc- provision of law established by or under this can’t sue this board. Only with three- cessful MICRA law, we have serious concerns title (including State standards of neg- with two additional medical liability provi- ligence) shall be governed by otherwise ap- fifths vote in both Chambers with com- sions that will expose California physicians plicable State or Federal law. mensurate cuts can you overturn their to even greater liability despite the bill’s (2) This title shall not preempt or super- recommendation. stated legislative intent to reduce health sede any State or Federal law that imposes I yield 1 minute to the gentleman care costs and insurance premiums. greater procedural or substantive protec- from New Hampshire (Mr. BASS).

VerDate Mar 15 2010 04:16 Mar 22, 2012 Jkt 019060 PO 00000 Frm 00030 Fmt 4634 Sfmt 0634 E:\CR\FM\K21MR7.062 H21MRPT1 jbell on DSK7SPTVN1PROD with HOUSE March 21, 2012 CONGRESSIONAL RECORD — HOUSE H1459 Mr. BASS of New Hampshire. I thank shorter than the podium, but I’m ting fraud to improving the efficiency of health my friend from Pennsylvania for yield- pleased to yield to her. care delivery that will lower costs—without ing to me. (Ms. SCHAKOWSKY asked and was shifting costs to seniors and people with dis- Mr. Chairman, I rise in support of the given permission to revise and extend abilities or cutting the Medicare guarantee. bill consisting of two previous bills— her remarks.) The Independent Payment Advisory Board is tort law reform and a repeal of the Ms. SCHAKOWSKY. I thank the gen- designed as a backstop to those provisions— Independent Payment Advisory Board. tleman very much for yielding to me. which CB0 tells us will be effective enough I wasn’t here when the Obama health I hope the American people under- that we will not even need IPAB for the next care, the Affordable Care Act law, was stand what’s going on here today. H.R. decade. passed. In listening to the debate over 5 represents another in a long line of And, here we are today set to consider leg- the last half hour, you would have partisan political attacks on the Af- islation to repeal the Independent Payment thought that nobody supported this fordable Care Act. Advisory Board not because my colleagues on bill. Of all the speakers we’ve had, I Since its passage 2 years ago, this the other side of the aisle have a better idea historic law has been under attack. To- think three have admitted they sup- but because they want to get rid of the entire day’s bill would repeal the Independent ported it then, and now you’d think Affordable Care Act and eliminate Medicare. that it never existed. Well, any agency Payment Advisory Board. The Afford- If IPAB has to act, the Affordable Care Act able Care Act is replete with provisions that’s scored by CBO to save $3.1 bil- explicitly states that it can only make rec- to lower Medicare costs, from unprece- lion is not going to do it by providing ommendations regarding Medicare and cannot dented tools to fight fraud to efficiency more services for seniors or innovation make recommendations that would ration reforms. The IPAB is a backstop to or preservation. It’s going to do it by care, raise premiums, increase cost-sharing, those provisions. cutting payments to providers or by What the Affordable Care Act does restrict benefits or modify eligibility. IPAB is cutting services to beneficiaries. It’s as not do—and what the IPAB is prohib- also supposed to consider the effect of its rec- simple as that. ited from doing—is increase costs to ommendations on Medicare solvency, quality This is the beginning of, perhaps, the seniors and people with disabilities or and access to care, the effect on changes in core of what represents a Federal Gov- cut benefits. That may be why my Re- payments to providers, and the impact on ernment takeover of health care serv- publican colleagues don’t like it. If you those dually eligible for Medicare and Med- ices in this country. Sure, there may look at their proposal to take away the icaid. be a process whereby recommendations Medicare guarantee and turn it into a There are certainly ways to improve IPAB could go to the Congress; but instead of voucher program, you can see why. In- and the Affordable Care Act—but the bill be- the relationship being between a pa- stead of lowering costs for everyone as fore us doesn’t make improvements—it just re- tient and a doctor, it is going to be the Affordable Care Act does, the Re- peals. I wish my colleagues on the other side governed more by a Federal bureauc- publican plan just shifts costs onto the of the aisle would be honest with seniors, peo- racy that will make these decisions. backs of those who can least afford it— ple with disabilities and the American public I urge support of the pending bill, seniors, disabled people, and their fam- about their replacement plan. H.R. 5. ilies. These are the same people who What exactly is the Republican alternative? My colleagues on the other side of the aisle b 1550 are harmed by the tort-reform provi- have talked a lot about Medicare costs and Mr. WAXMAN. Mr. Chairman, I yield sions of H.R. 5—Federal intrusion coupled with disregard for injured con- sustainability, but what is their plan? If the al- myself 1 minute. ternative is anything like the proposals in- We hear these things now, but we sumers. Instead of working to improve health cluded in the Republican budget—which shifts heard them in 1965 when Medicare was care quality, as the Affordable Care costs to seniors and empowers insurance being proposed—socialized medicine, Act does, H.R. 5 simply restricts the companies—then I choose IPAB. an unfair government intrusion into rights of patients harmed by dangerous My colleagues on the other side of the aisle our lives. drug companies, nursing homes, med- have strategically paired IPAB repeal with Medicare is a popular, successful pro- ical device manufacturers, doctors, and medical malpractice reform. gram. I support it. But the Republicans hospitals. We do have a medical malpractice crisis in didn’t support it then, and they don’t I am especially opposed to arbitrary this country—but it is not that injured con- support it now. caps on noneconomic damages. Eco- sumers are suing too much—in fact, the num- The Affordable Care Act is an excel- nomic damages provide compensation ber of suits has declined. It is not that injured lent bill. I proudly voted for it because for lost wages. Noneconomic damages consumers are receiving exorbitant compensa- as a result of that legislation we’re al- provide compensation for injuries that tion—in fact, the size of settlements and ready seeing young people being able to are just as real and damaging, injuries awards have been stable—tracking the rate of get insurance up to 26 years of age on liking excruciating pain, disfigure- medical inflation. their parents’ policies. We’re already ment, loss of a spouse or a grand- The crisis we are facing in America is that seeing seniors getting help to pay for parent, inability to bear children. too many patients are the victims of medical their prescription drugs. We are seeing These arbitrary caps are particularly errors and too many good doctors are being insurance companies prohibited from discriminatory for seniors and children overcharged by private insurers. We cannot the abuses where they put lifetime lim- who don’t have lost wages and are not make this a fight between doctors and trial its, and they’re going to be stopped worth much. lawyers and lose sight of the fact that too from denying people health insurance H.R. 5—higher costs to seniors and many Americans will be affected by mal- because of preexisting medical condi- disabled people and fewer legal rights practice. Their lives and the lives of their fami- tions. This is good, and we’re going to for injured consumers. It’s a bad deal lies will never be the same. It is their interests get even more benefits for over 30 mil- on both counts. that we must protect. lion Americans when the bill is fully in I hope the American people understand One in three patients admitted to a hospital place. what is going on here today. H.R. 5 rep- experiences an ‘‘adverse event’’—they get the It’s a good bill. The Republicans resents another in a long line of partisan polit- wrong prescription, receive the wrong surgical would like to repeal it. But let’s not ical attacks on the Affordable Care Act. procedure, acquire an infection. But this goes forget, they didn’t want Medicare in Yesterday, my colleagues on the other side far beyond preventable medical injuries in hos- the first place. of the aisle released their FY 2013 budget pitals. This legislation is so broadly drafted Mr. Chairman, now that I’ve used my proposal. Once again they propose to repeal that it will apply to medical devices, pharma- minute, I would like to yield 3 minutes the Affordable Care Act and once again they ceutical products, nursing homes and for-profit to a member of our committee from propose to end the Medicare guarantee. health insurers. the State of Illinois (Ms. SCHAKOWSKY), I find it ironic that my colleagues on the We haven’t any assurance that this bill will who has been very involved in helping other side of the aisle criticize the Medicare reduce the incidence of medical malpractice— seniors on all of these programs, program because they claim cost growth is out nor has anyone given us any assurance that whether it’s Social Security or Medi- of control and the program is going bankrupt. it will lower medical liability premiums. But one care or Medicaid. She is very knowl- The Medicare provisions of the Affordable thing is certain—it will trample on states’ rights edgeable and highly respected—a little Care Act are replete with provisions from cut- and take away long-standing civil justice

VerDate Mar 15 2010 04:16 Mar 22, 2012 Jkt 019060 PO 00000 Frm 00031 Fmt 4634 Sfmt 9920 E:\CR\FM\K21MR7.063 H21MRPT1 jbell on DSK7SPTVN1PROD with HOUSE H1460 CONGRESSIONAL RECORD — HOUSE March 21, 2012 rights. Taking away patient rights does not im- tients without ever mentioning the they don’t get paid. Well, guess what, prove the quality of our health care system— words ‘‘patient safety.’’ folks? If something is performed and it just leaves injured consumers without re- This issue has been with us for a long billed as ‘‘medically necessary,’’ that, course. time. In fact, about 10 years ago, the by definition, is not defensive medi- I especially oppose arbitrary caps on non- highly regarded Institutes of Medicine cine, because defensive medicine is economic damages and other restrictions on did three studies on the issue of patient when you’re doing something that’s the rights of medical malpractice victims to safety and the alarming cost it adds to not medically necessary to protect seek accountability and compensation for their our overall health care delivery sys- yourself from litigation. So you can’t injuries. We are going to hear from proponents tem. have it both ways. You can’t take the of H.R. 5 that these caps are not harmful be- The first of their studies was called money and claim you are practicing cause economic costs—medical bills and lost ‘‘To Err is Human: Building a Safer defensive medicine. Health System.’’ On this cover it says: wages—are left uncapped. b 1600 But what about injuries that are just as pain- ‘‘First, Do No Harm.’’ The study con- ful but less quantifiable—the inability to bear cluded that every year up to 98,000 peo- We also heard about the myth of set- children, the loss of a spouse or child or ple die in this country due to prevent- ting these caps 30 years ago and never grandparent, excruciating pain, permanent and able medical errors. It also talked in adjusting them for inflation. They al- severe disfigurement. this study about the cost of those med- ways want to talk about the California Non-economic damages compensate injured ical errors. It estimated that the cost bill that was passed in the mid-seven- victims for very real injuries—and those who of failing to stop these preventable ties and impose the very same cap in suffer those injuries deserve their full and fair medical errors is between $17 billion this bill, $250,000. day in court. and $29 billion a year. Now, if you mul- What they don’t tell you is, if you ad- H.R. 5 is an attack on victims who, for the tiply that over the 10 years of the Af- just that cap based on the rate of med- rest of their lives, will suffer as a result of neg- fordable Care Act, that means if we ical inflation over that same period of ligence and malpractice. We should not add to eliminated those errors, we would save time, the cap would now be worth al- their pain by denying them their legal rights. $170 to $290 billion a year. most $2 million and that, if you reduce I urge my colleagues to reject H.R. 50. So do we focus on patient safety and that $250,000 cap to present value, those Mr. PITTS. Mr. Chairman, at this preventing medical errors? No, we people in today’s dollars are only get- time I yield 1 minute to another distin- focus on taking away the rights of the ting the equivalent of $64,000, no mat- guished member of the Health Sub- most severely injured. Because it’s ter how serious their injury is. committee, the gentleman from Ken- what caps on damages do, they penalize That’s why I oppose this legislation, tucky (Mr. GUTHRIE). those with the most egregious injuries and that’s why people who believe in Mr. GUTHRIE. I thank the gen- and those who have no earning capac- the Constitution and in the States’ tleman for yielding. ity. So who are those people? They’re rights, under the 10th Amendment, to I rise today in support of H.R. 5, leg- seniors, they’re children, and they are decide what their citizens will receive islation to repeal the IPAB and make stay-at-home mothers. They’re the as justice should be outraged that this critical reforms to our medical liabil- ones most severely penalized when you bill is on the floor today. ity system. take away rights guaranteed in the Bill Mr. PITTS. Mr. Chairman, at this The IPAB was created in the health of Rights and the Declaration of Inde- time I yield 2 minutes to the gen- care law as a way to contain growing pendence. So I oppose this bill in the tleman from New Jersey (Mr. LANCE), costs, but the reality is those savings name of the Tea Party, not just the another valued member of the Health will likely be found by removing health current Tea Party, but the original Tea Subcommittee. care decisions from patients and doc- Party, which was founded in opposition Mr. LANCE. Mr. Chairman, I rise tors and placing them in the hands of to taxation without representation. today in support of H.R. 5 that com- unelected and unaccountable bureau- If you go to Thomas Jefferson’s Dec- bines the repeal of the Independent crats. laration of Independence, you will see Payment Advisory Board with signifi- H.R. 5 also addresses the critical that grievance against King George cant medical malpractice reforms that issue of medical liability reform. Our listed. Right below it in the Declara- will help reduce health care costs and current tort system is driving doctors tion of Independence is this grievance, preserve patients’ access to medical out of the practice of medicine. Those that he has taken away the right to care. who remain are forced to practice de- trial by jury. That right was so impor- Today marks the 2-year anniversary fensive medicine, further increasing tant, ladies and gentlemen, that it was of the House passage of the President’s health care costs. embedded in the Seventh Amendment health care law. During that debate 2 The Congressional Budget Office has to the Bill of Rights. It says very clear- years ago, I joined Members from both estimated that medical-liability rely that in suits at common law, which sides of the aisle in calling on the form will save hardworking taxpayers is what a medical negligence claim is, President to address one of the drivers over $40 billion. H.R. 5 makes two com- the jury gets to decide all questions of of the high cost of health care by re- monsense reforms to protect doctors fact and no one else. Well, one of the forming the current medical liability and patients. I urge my colleagues to most important questions of fact in a system. Unfortunately, the President’s support the bill. jury trial is the issue of damages. My health care bill passed the House on Mr. WAXMAN. Mr. Chairman, may I friends are trying to take away that March 21, 2010, absent any real or inquire how much time each side has. right from the jury—the very same meaningful medical liability reform. The Acting CHAIR (Mr. HASTINGS of people who elected us to Congress—be- The new law did include the Inde- Washington). The gentleman from Cali- cause they apparently think that Con- pendent Payment Advisory Board, or fornia has 36 minutes remaining, and gress knows more than the people who IPAB, and this cost-control board, the gentleman from Pennsylvania has sent us here, those who go into jury made up of 15 unelected and, might I 44 minutes remaining. boxes all over this country in your add, unconfirmed officials, has the Mr. WAXMAN. Mr. Chairman, at this State and listen to the actual facts of power to make major cost-cutting deci- time I’d yield 5 of our 36 minutes to the the case before deciding what’s fair, in- sions about Medicare, with little over- gentleman from Iowa (Mr. BRALEY). cluding the all-important issue of what sight or accountability. Mr. BRALEY of Iowa. I thank the are fair and reasonable damages. The IPAB has been criticized by both gentleman for yielding. So they’re talking a lot today about Republicans and Democrats, and its re- Mr. Chairman, here we go again. My defensive medicine. I want to tell you peal is supported by nearly 400 groups conservative friends are once more try- about the myth of defensive medicine. representing patients, doctors, and em- ing to take away rights of American Every time a health care provider sub- ployers. citizens that are as old as the Declara- mits a fee-for-services, they represent Today, on the 2-year anniversary of tion of Independence and the Bill of that that medical procedure or that the House passage of the health care Rights. They’re doing it by talking medical test was medically necessary. law, we have an opportunity to move about taking away the rights of pa- If they don’t make that representation, to the future and enact real health care

VerDate Mar 15 2010 04:16 Mar 22, 2012 Jkt 019060 PO 00000 Frm 00032 Fmt 4634 Sfmt 0634 E:\CR\FM\A21MR7.014 H21MRPT1 jbell on DSK7SPTVN1PROD with HOUSE March 21, 2012 CONGRESSIONAL RECORD — HOUSE H1461 reform that will help bring down What we do in this HEALTH Act is cost. Our Republican Governor was health care costs that are escalating at limit the awards for so-called pain and right. We worked to do that. This Con- unsustainable rates while, at the same suffering at $250,000. And, Mr. Chair- gress has failed to do that. time, protecting needed care for our man, indeed, a number of States, after Health care costs are rising beyond senior citizens. California enacted this law 35 years our ability to pay. Whether it’s the As a member of the House Energy ago—Texas, Florida, my own State of taxpayer, whether it’s the business and Commerce Committee, I am Georgia—have enacted caps higher that’s paying the premiums, whether pleased to have the opportunity to than that, and, no doubt, other States it’s an individual who is self-pay, you work on this important legislation, and will do so in the future, because this cannot have health care costs rising at I urge all of my colleagues to support bill specifically says—and it’s called 6.5 percent a year, as they have for the H.R. 5. the flex caps—that if a State wants to past 10 years, higher than the rate of Mr. WAXMAN. Mr. Chairman, I con- enact a limit on noneconomics of $1 inflation, profits, or the economic tinue to reserve the balance of my million and have it applicable to mul- growth. It can’t be sustained. IPAB is a time. tiple defendants, they can do that. tool to help us control health care Mr. PITTS. Mr. Chairman, at this They have the right to do that. And in costs. We have to do that for our tax- time I yield 2 minutes to the gen- regard to the injury to a patient, there payers, for our employers and for our tleman from Georgia, Dr. GINGREY, an- are no caps whatsoever. There are still citizens. other distinguished member of the suits that are awarded to injured pa- b 1610 Health Subcommittee. tients that are in the millions of dol- Mr. GINGREY of Georgia. Mr. Chair- lars. It’s advisory. These 15 people who man, I thank the gentleman for yield- So the gentleman from Iowa was to- have experience in economics and in ing. And, of course, I stand in strong tally disingenuous in what he was try- medicine will look at data, will look at support of H.R. 5, the PATH Act, having to explain—a very smooth talking, information. What’s there to fear in ing authored half of the legislation, very convincing lawyer. That’s what their doing that? They’ll make rec- that is, the HEALTH Act, the medical we expect. ommendations to Congress. Congress liability reform act. But we want to end frivolous law- will retain the right to have the final But I’m also strongly in favor of re- suits so that those who are truly in- say as to whether these recommenda- peal of IPAB, the Independent Pay- jured get their day in court, and that’s tions will work or not or if we want to ment Advisory Board created under what this bill does. substitute something else. That makes ObamaCare. We know and our col- Mr. WAXMAN. Mr. Chairman, I yield sense. leagues on the other side of the aisle, myself 1 minute. The alternative is what has been put many of them, know that this is the I thank the gentleman, who is a phy- forward to essentially shift the burden most egregious part of this 2,700-page sician, for his comments. of rising health care costs onto seniors piece of legislation, which is now the He said he wants to save Medicare. and citizens by turning Medicare into a law of the land. But what it is, Mr. He said the Republicans want to save voucher. It would cap what the tax- Chairman, IPAB, is their way of saving Medicare. They want to save Medicare, payer would pay by exempting this Medicare. but their budget proposal would end Congress from making reforms in how I’ll ask them time after time: What is Medicare. we deliver care that could result in your plan to save Medicare? They have Let’s just understand, those who are costs coming down and simply saying no answers. All they want to do is con- on Medicare know they can go to the to seniors on Medicare that if costs go tinue to criticize our side of the aisle doctor or the hospital or other health up 6.5 percent a year, another 6.5 per- when we have meaningful, thoughtful care provider and Medicare will pay. cent—you know what, folks?—you are plans to save and protect and strength- Under the Republican proposal, they’d on your own. Figure out how to pay for en, not just for these current recipients be given a voucher and told to go buy it. Congress is AWOL on this. under the Medicare program, those who a private insurance policy, as much as So to the extent that we claim we are seniors, those who are disabled, but they could afford by adding additional want access but we won’t control costs also our children and our grand- money. To save it, they want to end it. and take steps that are required to children. And we hear the statement, so-called make health care spending sustainable, What do we get from this side of the pain and suffering. For people who are we’re shirking our responsibility. IPAB aisle, from the Democratic side? We living their lives with constant pain is not the answer, but it’s a good tool. get IPAB. To reject it and instead replace it The language says no rationing, yet and suffering from a medical mal- with a voucher system where the full the provisions call for cutting reim- practice problem, it’s not so-called to burden of runaway health care costs bursements to providers; and eventu- them. It’s a real, terrible situation are simply imposed on seniors is the ally, without question, just as it has in that they have to live with. wrong way to go in a continuation of Canada and the UK, Mr. Chairman, I think that, because one of our Congress ducking its responsibility for that leads to the denial of care. If speakers happens to be a trial lawyer, the reforms in the health care system that’s not rationing, I don’t know what I want to point out that the past that our citizens need and deserve. it is. speaker is a medical physician, as if Let me, in the remaining part of my that should make a difference. Let’s Mr. PITTS. Mr. Chairman, I am time, speak a little bit in regard to base our arguments on the points that pleased at this time to yield 3 minutes H.R. 5, the HEALTH Act, the medical are made. to one of our leaders, the distinguished liability reform act. I, at this point, want to yield 3 min- gentleman from Texas (Mr. HEN- The gentleman from Iowa, the trial utes to the gentleman from Vermont SARLING). attorney, was just up here trying to (Mr. WELCH), an important Member Mr. HENSARLING. Mr. Chairman, imply that we would take away a per- whom we hope will come back to our regrettably the President’s policies son’s right to a redress of their griev- committee in the very near future. have failed and continue to harm our ances if they had been injured by a Mr. WELCH. I thank the gentleman. economy. medical provider or a health care facil- In Vermont, we faced the challenge We were told if we would pass the ity because of practice below the stand- that we face in this Nation: We want to stimulus plan, unemployment would ard of care. have access to health care, and we never exceed 8 percent, and instead it’s The Acting CHAIR. The time of the want it to be affordable. exceeded 8 percent for 37 straight gentleman has expired. When we had legislation, the Demo- months. We were told that the Presi- Mr. PITTS. I yield the gentleman an- crats were pushing access. The Repub- dent would cut the deficit in half, and other 1 minute. lican Governor was concerned about instead we have the worst debt in our Mr. GINGREY of Georgia. And I cost. We sat down and realized we’re Nation’s history. We were told he thank the gentleman. both right. If Democrats want to would take steps to reduce the price of The gentleman from Iowa knows, in achieve the goal of access to health oil, and instead gas prices have doubled fact, that that is absolutely not true. care for everybody, we have to control at the pump. One more of his policies

VerDate Mar 15 2010 04:16 Mar 22, 2012 Jkt 019060 PO 00000 Frm 00033 Fmt 4634 Sfmt 0634 E:\CR\FM\K21MR7.066 H21MRPT1 jbell on DSK7SPTVN1PROD with HOUSE H1462 CONGRESSIONAL RECORD — HOUSE March 21, 2012 that has failed is clearly his health So to say that the President’s pro- Act’s savings and cost-containment care plan. gram is not working is simply inac- provisions will be achieved. But CBO We were told that it would create curate. has already said they don’t expect it to jobs, but instead every day I hear from Now, ladies and gentlemen, this is a be triggered at all over the next dec- job creators in the Fifth District of wolf in sheep’s clothing. They don’t ade. That’s because the Affordable Care Texas who write me things like: like the health care bill. That’s what Act’s cost-containment provisions are ObamaCare will put a tremendous burden the chairman of the conference just already having a significant impact on on my company. I can’t put a 5-year plan in said. He wants to vote to repeal that. slowing the growth of health care and place. I therefore have to withhold cash for We understand that. They want to pick Medicare spending. expansion. it apart piece by piece. This proves that the Medicare spend- I also hear things like: Let me talk about it. Two years ago, ing can be constrained without turning I could start two companies and hire mul- we passed a comprehensive health care Medicare into a voucher program as tiple people, but based on this administra- reform package that is already low- the chairman has said. That forces sen- tion and the lack of facts with ObamaCare, I ering costs, expanding access, and con- will continue to sit and wait. iors to spend more and ends the Medi- tributing to deficit reduction. The Af- care guarantee. Americans don’t want We know now that the Congressional fordable Care Act was a significant mo- that. Budget Office says that the health care ment when Congress once again took The Republican plan does exactly plan will cost us almost a million jobs bold action to constrain the growth in that and tries to mask the end of Medi- from this economy. care as we know it by talking about We were also told that if we pass this health care spending and make insurance more accessible and affordable for choices and competition. that health care would be more afford- The Acting CHAIR. The time of the able and lower premiums, but instead all Americans. As the wealthiest country on the face of the Earth, we ought gentleman has expired. the Congressional Budget Office now Mr. WAXMAN. I yield the gentleman tells us that the new benefit mandates to make sure that people can get insurance and have affordable, accessible an additional minute. will force premiums to rise in the indi- Mr. HOYER. But both competition vidual market by $2,100 per family. health care. Insurance companies can no longer and choice already exist in the Medi- Any way you look at it, the Presi- care program. dent’s health care law is harming job deny coverage to children with pre- growth; it’s harming our economy. But existing conditions. I bet they think b 1620 perhaps even more ominously, it’s the that’s a benefit, a protection that will Of beneficiaries, 99.7 percent have ac- infamous Independent Payment Advi- be extended to all Americans by 2014. cess to at least one Medicare Advan- sory Board, section 3403 of the act, that I’ve had a lot of people talk to me tage plan, and in the majority of coun- will harm our seniors. about that provision. They like it. ties, they have an average of 26 private The IPAB is going to be comprised of Insurance companies can no longer plans to choose from. In spite of all 15 unelected, unaccountable bureau- drop Americans from their policies these choices, about 75 percent of all crats handpicked by the President. when they get sick or impose arbitrary seniors still choose to remain in tradi- Their sole job is going to be to ration and unfair caps on coverage. You buy tional Medicare. health care to our seniors and impose insurance to make sure when you get The Republican budget, released just Federal price controls. This will un- sick you have coverage. If you get very yesterday, paints a clear picture of doubtedly slash senior access to doc- sick and need more coverage, it says their priorities, showing once again tors and to other providers. They lit- you can’t cancel because you’re really they stand for ending the Medicare erally will be making decisions about sick. I think Americans like that. guarantee, shifting ever-increasing the health of our loved ones, our par- Since the Affordable Care Act was costs on to our seniors and repealing ents, and our grandparents. signed into law, over 32 million seniors all of the Affordable Care Act’s patient The Centers for Medicare and Med- on Medicare have access to free pre- protections. icaid Services actuary has confirmed ventative services. The Medicare part I stand behind the cost-containment that large reductions in Medicare pay- D doughnut hole is on the path to close provisions, the delivery-system re- ment rates to physicians would likely completely by 2020. Seniors who fall forms, the improvement to Medicare, have serious implications for bene- into this coverage gap are right now and the new benefits and protections ficiary access to care utilization, in- getting a 50 percent discount on their that were enacted under health reform. tensity, and quality of services. brand drugs. They like that. And I stand with my fellow Democrats Mr. Chairman, when it comes to my Now 360,000 small businesses have al- and America’s seniors in support of parents, both of whom are on Medicare, ready taken advantage of tax credits preserving the Medicare guarantee and no government acronym, no govern- that are helping them provide more af- ensuring that Medicare remains avail- ment bureaucrat, no government board fordable coverage to over 2 million able and affordable for generations to can ever substitute for the good judg- workers. Lifetime limits on over 105 come. ment of their chosen family doctor. million Americans with private insur- I appreciate the ranking member’s That’s why today I’m proud to stand ance have been eliminated. Over 2,800 leadership on this issue and all of those with my colleagues here to vote to re- employers have already received finan- who were critically responsible in en- peal the IPAB. cial assistance that helps them provide suring that Americans have access to Once again, we need to repeal the affordable insurance to 13 million retir- affordable quality health care. President’s health care plan and do it ees who are not yet eligible for Medi- Mr. PITTS. Mr. Chairman, 2 years today. care. ago, they said PPACA would cost less Mr. WAXMAN. Mr. Chairman, I am The CBO continues to project that than $1 trillion. The CBO’s new esti- pleased at this time to yield 4 minutes the Affordable Care Act will reduce the mate says it’s going to cost over $1.7 to the distinguished Democratic whip, deficits by tens of billions of dollars by trillion. Stay tuned. Mr. HOYER, from the State of the end of this decade. I now yield 2 minutes to the author Maryland. Despite all of these benefits, today of the IPAB repeal, the gentleman from Mr. HOYER. I want to speak about Republicans will take yet another vote Tennessee, Dr. ROE. this bill, but I also want to respond to to repeal part of the Affordable Care Mr. ROE of Tennessee. I thank the the chairman of the Republican Con- Act. But what they want to do is repeal chairman for yielding. ference, who apparently fails to realize the act. That’s what the chairman said I guess, if the Affordable Care Act is that we’ve created 4 million jobs, 3.96 of the conference. I take him at his so popular with the American people, million to be exact, over the last 24 word. I appreciate his honesty. that’s why 60 percent want it over- months. We’ve had 10 quarters of Today their focus is on the Inde- turned. I’ll start by saying that. That’s growth in America. As opposed to los- pendent Payment Advisory Board, or the latest that I’ve seen. ing 786,000 jobs the last month of Presi- IPAB, which couldn’t be a less timely Let me just go over briefly what the dent Bush’s term, we added 257,000 last issue. IPAB is a backstop mechanism IPAB is and why I’m so vehemently op- month in the private sector. to ensure that the Affordable Care posed to it.

VerDate Mar 15 2010 04:16 Mar 22, 2012 Jkt 019060 PO 00000 Frm 00034 Fmt 4634 Sfmt 0634 E:\CR\FM\K21MR7.067 H21MRPT1 jbell on DSK7SPTVN1PROD with HOUSE March 21, 2012 CONGRESSIONAL RECORD — HOUSE H1463 As an over-30-year practicing physi- Mr. Chairman, is access to OB doctors lutely kabuki theater, because this bill cian, I’ve looked at this, and I’ve seen and high-risk doctors has been limited is going to go over to the Senate. You two examples already of why I know because of the liability. all know it has to pass both the Senate and what I know is going to happen I strongly support H.R. 5, and urge and the House. The Senate put this in. here. my colleagues to do the same. Does anybody think that the United We have the model in the SGR, the Mr. WAXMAN. Mr. Chairman, no- States Senate is going to take away sustainable growth rate, which is what body is going to deny that there is a seniors’ rights to health care? I mean, we pay Medicare physicians today. As problem with medical malpractice. The does anyone think that? You’re accus- has been stated multiple times, we issue is whether the State of Tennessee ing the United States Senate of putting have a board with 15 appointed people can adopt a law to solve its own prob- this in the bill, setting it up to take to it. Over half of them cannot be lem the way the State of California has away health care benefits from seniors. health care providers or cannot be done, the way the other States have That is nonsense. If you think the Sen- health care-related folks that are going acted. Let the States operate in this ate is going to walk away from this to make decisions based on a formula area which has been traditionally re- provision, well, more kabuki theater. for Medicare spending. We’re going to served for them. Washington does not We will be back on another day. set limits. If you exceed those limits, have all the answers. Imposing one sys- The Acting CHAIR. The time of the then cuts will come to providers. We’ve tem on the whole country is not the gentleman has expired. done that with SGR. And guess what way to go. Mr. WAXMAN. I yield the gentleman the Congress has had the ability to do I would like to at this point yield 3 1 additional minute. during that time? To override those minutes to the gentleman from the Will the gentleman yield? State of Washington (Mr. MCDERMOTT). cuts, because everybody in here, both Mr. MCDERMOTT. I yield to the gen- (Mr. MCDERMOTT asked and was Republicans and Democrats, under- tleman from California. given permission to revise and extend stand if we cut our providers, we’re his remarks.) b 1630 going to decrease access for those pa- Mr. MCDERMOTT. Mr. Chairman, Mr. WAXMAN. We want to hold down tients. you might ask why we’re having this What has happened with SGR? Just 2 the costs in health care for Medicare, debate. Well, the Republicans have weeks ago, we passed an SGR tem- itself. The cost of health care is going never wanted to solve the Americans’ up for all health care coverage; but porary fix to the end of this year to problem with health care access and avoid a 27 percent cut in physician pay- Medicare, if it goes up too much, it’s a cost; and the Congress passed, with the real problem. So in the Affordable Care ments. Guess what would happen with President’s help, a bill that gave access IPAB? Mr. Chairman, there would be a Act, we try to put in place ways to hold to many millions of people and put in down costs by reorganizing the deliv- 27 percent cut to Medicare providers place some mechanisms to control and in 5 years—also, the hospitals are ery of care. We have some other strate- costs. gies. We hope it will work. But for a included. I can tell you our rural hos- The Republicans have tried to repeal backstop, if it doesn’t work, there is pitals where I live will not survive it again and again, Mr. Chairman; and this Independent Payment Advisory those cuts. Those cuts will occur with they know next Wednesday it’s going Board, and they will give us some idea minimal overlook from this U.S. Con- to be in the Supreme Court. So today is as to how to hold down health care gress and no judicial review. press release time, and they have a for- costs. Let me read this right here: IPAB is mula for press releases in this House. Now, it seems to me, the biggest ob- the single biggest yielding of power to The Members are going home to their jection is, once they give their rec- an independent entity since the cre- districts, so they select a straw man ommendations, we can accept them, we ation of the Federal Reserve. This is and they put him up here. The straw not me. This is Peter Orszag, the man in this case is the IPAB. Then can change them, or we can let them former budget director for President they scare seniors. They say: this IPAB go into effect. I think the biggest prob- Obama. is going to take away your health care. lem is that if nothing happens, those My concern as a practicing physician Then all the seniors are supposed to health care costs go up; and that’s is that if we cut physician payments so crawl under the chair or under the bed what preserves the right of Congress, is far, our patients will not have access to because the Republicans are out scar- to let nothing happen. And this is not us. Right now, Mr. Chairman, in the ing people again. They do it by telling how to hold down costs. This is to let primary care group I’m in, that access half truths. the costs go up. is already being limited, and we see it This commission will make rec- I thank the gentleman for yielding. around the country. ommendations that the Congress can Mr. PITTS. Mr. Chairman, at this One final thing. I started practicing adopt, change, or if they don’t want to time, I yield 3 minutes to another doc- as an obstetrician in 1977. I’ve delivered do it, they can let them go into play. tor, Dr. HARRIS, from the State of almost 5,000 babies. I paid $4,000 a year They have three choices, and the Con- Maryland. for malpractice coverage. When I left, gress can do either to change them or Mr. HARRIS. Mr. Chairman, I think the young physician who replaced me adopt them. We’re not to giving away the gentleman from California just was paying $74,000 a year. The patient our power. That is a half truth to say said what this is all about: The IPAB is has got no more value. that we are. about cutting expenditures for our sen- In 1975, when I got back home from Secondly, as you heard from the iors on Medicare when they need their the Army, every single malpractice whip, it’s 10 years before this happens. health care. carrier had left the State of Tennessee. Folks, if you’re sitting at home watch- The IPAB is no straw man. It’s a Almost all 10,000 physicians in Ten- ing this—Mr. Chairman, they are prob- health care policy bureaucrat’s dream nessee get their insurance from a mu- ably all scared and have quit eating and a Medicare patient’s nightmare. tual company. Since 1975, over half the their dinner because they’re worried It’s 15 bureaucrats—and the gentleman premium dollars that every doctor has about what’s going to happen. We’re from California called it right—insur- paid into the State of Tennessee has talking about something that’s going ance company representatives, phar- gone to attorneys, not to the injured to happen in 10 years. This is simply a macy company representatives, benefit party. Less than 40 cents of every dol- scare tactic, and it is directly related managers, employers, all those people lar has gone to the people who have ac- to the attempt to derail the President’s who really have the care of an indi- tually been injured. reelection. If they can take down this vidual patient in mind. We have a terrible system of paying health care bill, they will have him. In fact, that rationing board limits people who have been injured, compen- They will have shown he hasn’t done the number of health care professionals sating them. This will allow us to do anything. But the fact is he got it who can serve to a minority, a minor- that and will allow us to get some cer- through here, and it’s going to be im- ity of people, and then goes further and tainty so that those costs don’t keep plemented in 2013. says, And, oh, by the way, they have to rising beyond anybody’s ability to pay. You can spend all the time you want actually stop practicing health care for What has happened in a lot of places, passing bills in here that are abso- the 6 years they sit on the board. How

VerDate Mar 15 2010 04:16 Mar 22, 2012 Jkt 019060 PO 00000 Frm 00035 Fmt 4634 Sfmt 0634 E:\CR\FM\K21MR7.069 H21MRPT1 jbell on DSK7SPTVN1PROD with HOUSE H1464 CONGRESSIONAL RECORD — HOUSE March 21, 2012 close are they going to be to knowing seen anything potentially more detri- member commission of unelected bu- what’s going on in the care of a pa- mental to seniors’ health care than the reaucrats charged with cutting Medi- tient? Independent Payment Advisory Board care spending, specifically reimburse- The gentleman from Iowa talked created under the Affordable Care Act. ment for physicians. It’s a very Wash- about the myth of defensive medicine. As has already been said, this group of ington-type solution to take something I want to ask anyone who cares to go 15 unelected Washington, DC, bureau- as personal as a doctor seeing a patient in a labor and delivery suite and look crats, appointed by the President, will in his office and creating a panel of what’s happened to obstetric care, to be making decisions on the funding of Washington bureaucrats to determine our women in America over the past 40 Medicare with little oversight from how that’s going to be paid for. years because we don’t have effective your elected officials. This is not a par- As a physician, I can tell you that tort reform. tisan issue. Whether it’s this President, when you set up an unelected board I’m an obstetric anesthesiologist. I the next President, or a President 20 and give them unprecedented power spent 30 years in a labor and delivery years from now, no President should and little government oversight, the suite. In 1970, the cesarean section rate have the power to create a board with results will be clear. This will lead to in this country was 5 percent. One in 20 this much control over health care. arbitrary cuts to the Medicare pro- women going to a hospital to have a Doctors provide critical care to our gram, less access to care, and ration- baby would have a cesarean section. Nation’s seniors, but they also run a ing. Today we are voting to stop that Last year it was 33 percent. I will tell business. They have to receive proper from happening. you, not much has changed about reimbursement to keep their doors Mr. Chairman, we’ve already heard childbirth in that time, but now a open or they will lose their ability to the other side of the aisle accusing the woman going into the hospital to have provide care for America’s seniors. majority of pushing Grandma off a a baby has a one in three chance of The Affordable Care Act has already cliff. But instead of scare tactics and having a cesarean section. Not only cut over $500 billion from the Medicare hyperbole, I ask Members on both sides that, but 40 years ago—those of you program, and then the President dou- of the aisle to support this effort to re- who want to, ask people you know who bled down by proposing over $300 bil- peal the IPAB. Support this effort to delivered 40 years ago. Most obstetrics lion more in his budget. Medicare can- eliminate what seniors are really con- was delivered by a one- or two-person not sustain further cuts if we are to cerned about: a group of unelected bu- group where a woman got to know the keep access for America’s seniors. reaucrats making health care decisions obstetrician who was going to deliver Without any chance of judicial or for them. As a physician, I am proud to support her baby. congressional oversight, IPAB will be- Go ask the folks in your district now come one of the most powerful agen- the repeal of this ill-conceived rationing board on behalf of all my patients what happens. You go into a group of cies within our government. and constituents in northern Michigan. about 10 or 12 people because they can’t I ask the American people: What part afford the malpractice insurance. They of the government operates this way? b 1640 have to go into a big group so someone When people in Washington, DC, make Mr. WAXMAN. Mr. Chairman, I con- else can pay it. It’s impersonal service. decisions you don’t agree with, you can tinue to reserve the balance of my Go and try to find an obstetrician who vote them out of office, but when IPAB time. is in their fifties or sixties and prac- makes a decision, the American people Mr. PITTS. Mr. Chairman, at this ticing obstetrics. They gave it up long most likely will have no recourse. time I yield 2 minutes to another ago because they can’t afford the pre- If the President and the U.S. Senate health care professional—a nurse—the miums. The most experienced obstetri- really are concerned about saving gentlelady from North Carolina, RENEE cians are no longer delivering care to Medicare, which they claim to be, I ELLMERS. American women. urge them to get serious and work with Mrs. ELLMERS. I thank the chair- The C-section rate is one in three, us, because according to CBO, Medicare man for this opportunity to speak with and a woman can’t even expect to see may be insolvent as early as 2016. We my colleagues as a nurse and a wife of her obstetrician every time she goes to need to reform Medicare in order to a general surgeon. those prenatal visits because there are strengthen and preserve it for future Mr. Chairman, IPAB was created eight or 10 in the group, and they all generations, and true reform is not under ObamaCare to slash Medicare have to have a chance to see that pa- continuing to cut funding of the pro- spending by restricting health care tient. That’s what the lack of tort re- gram. services for seniors in need. Repealing form has done to the delivery of care to Again, I urge the President and the IPAB will restore the doctor-patient women in this country. Senate to join us in eliminating IPAB. relationship. We need to pass this bill and pass it Mr. WAXMAN. I continue to reserve Mr. Chairman, when someone goes to now. the balance of my time. the doctor, they reveal the most per- Mr. WAXMAN. Mr. Chairman, may I Mr. PITTS. Mr. Chairman, at this sonal experiences of their lives and en- inquire how much time each side has time I yield 2 minutes to another doc- gage in a relationship with a dedicated remaining in the general debate. tor, the gentleman from Michigan, Dr. health care professional who puts his The Acting CHAIR. The gentleman BENISHEK. or her career on the line for the pur- from California has 171⁄2 minutes re- Mr. BENISHEK. I thank the chair- pose of making that individual whole maining, and the gentleman from man for yielding. again. Left alone, President Obama’s Pennsylvania has 293⁄4 minutes remain- Mr. Chairman, as my good friend, the government-knows-best mentality will ing. chairman, knows, before I came to this force our seniors to cede this relation- Mr. WAXMAN. I will reserve the bal- House, I served as a general surgeon for ship to a board of unelected and unac- ance of my time. three decades. So 2 years ago this countable bureaucrats who will have Mr. PITTS. Mr. Chairman, at this week, while President Obama was the power over the health and the lives time, I yield 2 minutes to another doc- pitching his 2,000-page health care of millions of other Americans. Each tor, the gentleman from Indiana, Dr. overhaul, I was back home in Michi- patient is unique, and their care rests BUCSHON. gan, taking care of patients and won- on the doctor’s ability to provide the Mr. BUCSHON. Mr. Chairman, I rise dering how this law was going to best treatments available, regardless of today in support of repealing the Inde- change the relationship between a phy- the cost of their liability. pendent Payment Advisory Board, or sician and his patients. One of the greatest challenges facing the so-called IPAB; and I urge Presi- Now the President’s broken promises our Nation’s health care system, in- dent Obama and our colleagues in the have shown us: Instead of providing cluding Medicare, is the rapidly rising U.S. Senate to join us, the House Re- real solutions to strengthen the doctor- costs. This legislation recognizes that. publicans, in saving access to quality patient relationship or improving the This legislation repairs and repeals the care for America’s seniors. way we deliver health care to patients, IPAB with commonsense medical li- I’ve been a practicing physician for the President gave us the Independent ability reform that will save billions of over 15 years, and I don’t think I have Payment Advisory Board. IPAB is a 15- dollars.

VerDate Mar 15 2010 04:16 Mar 22, 2012 Jkt 019060 PO 00000 Frm 00036 Fmt 4634 Sfmt 0634 E:\CR\FM\K21MR7.071 H21MRPT1 jbell on DSK7SPTVN1PROD with HOUSE March 21, 2012 CONGRESSIONAL RECORD — HOUSE H1465 I have sat and listened to the debate At this time, I yield 2 minutes to my One of the most trusted sources of in- today, and I have listened intently over California colleague (Mr. THOMPSON). formation in my Mom’s life—she’s in the 2 years since ObamaCare went into Mr. THOMPSON of California. I her eighties—is her physician. We just effect, and I still have one question to thank the gentleman for yielding. got a history lesson, a civics lesson, my Democrat colleagues across the I rise today in opposition to this leg- from our friends across the aisle just a aisle: What is your solution for Medi- islation. Whether or not you’re a fan of moment ago expressing how the Demo- care? We know it is not sustainable as the IPAB, I strongly urge you to op- crat Congress passed, the Democrat it is now. What is your solution? pose the bill. This bill is not about Senate passed, and a Democrat Presi- Mr. Chairman, Federal bureaucrats IPAB. This bill is nothing more than a dent signed into law a bill that puts should not dictate to doctors how to political maneuver to attack the Af- into place ways to control the costs. It provide care, force them to provide fordable Care Act on the 2-year anni- took $500 billion from Medicare in medication regardless of their known versary of its enactment. order to pay for the bill that they complications, and make them liable I challenge anyone to talk to one of passed. Then in addition to the civics with no limits or protections. the over 7,000 young adults in my dis- lesson, we were given a political reality The Acting CHAIR. The time of the trict who now have health care insur- that the Senate is not going to take gentlewoman has expired. ance coverage and ask them if the Af- the bill up—therefore, we should not be Mr. PITTS. I yield the gentlelady an fordable Care Act should be repealed. discussing it. additional 30 seconds. Or maybe the 6,000 seniors in my dis- I think, for the peace of mind of peo- Mrs. ELLMERS. We have got to trict who have saved over $3 million on ple like my mom who are going to have move forward on malpractice reform. the cost of prescription drugs. Or the the IPAB, this independent board, in- Our colleagues ask the question, How 30,000 children and 120,000 adults who serted between them and their doc- can malpractice be put in place at the now have health care insurance that tors—Mom won’t even get to talk to Federal level? And yet they have put actually covers preventive services her doctor if this board decides she Federal health care as an issue and put without burdensome copayments. Or can’t. The scheduler will simply say control as an issue. the thousands of children with pre- you have to come back next month or We must provide patients and med- existing health conditions who will no next year, and we’re told we shouldn’t ical professionals with the security and longer be denied coverage by health in- bring that up because it might scare the safety net. surers or told they’ve hit their lifetime seniors. Seniors have a right to be Mr. WAXMAN. I yield myself such cap for services because of a disease scared. They have a right to wonder. time as I may consume. with which they were born. Ask them b 1650 Mr. Chairman, our idea for Medicare if they’d like to repeal the Affordable If some board does not even answer for the future is to make it better, not Health Care Act. to Congress, it can change laws with- to eliminate it. In the Affordable Care No one has ever suggested that this out coming to us, and it can write its Act, we provide help for seniors to pay bill was the perfect solution to health own rules; and we’re to be told that we for their prescription drugs, especially care, but we should be working to- should not be discussing this issue be- when they’re in the doughnut hole. We gether to fix it, not trying to repeal it cause it might frighten seniors. It just provide money so they will be sure to for cheap political points. And to add might, and they very well should be have preventive services without hav- the medical malpractice provision that told. ing to pay for them so that we know we they added in this bill, that is so The Obama health care legislation can prevent diseases that we otherwise wrong-headed that the doctors in Cali- did not bring one new doctor into serv- have to pay to treat. We have extended fornia have come out in opposition to ice, but it brought millions of new pa- the life of the Medicare trust fund. this bill. Any doctor will tell you tients in. The real truth is that we We’re always looking for ways to hold there’s work that needs to be done in have increasing demand for doctor down costs in a reasonable, rational regard to medical malpractice, but the services because of these new patients way. way this was done has even brought the and no new supply. You’re going to One of the reasons we have very high doctors to the table in opposition. have to limit it somewhere. They want- costs in Medicare is, when a doctor and So, on behalf of the millions of Amer- ed to hide this limitation under the a patient get together, the doctor de- icans who are already benefiting from IPAB. We’re simply saying, let’s re- cides on how many services are going the Affordable Care Act, I ask you to store the relationship between 86-year- to be paid for, especially when that join with me and with the California old moms and the doctors. Let’s get rid doctor gets paid more money for more doctors in opposition to this legislation of the IPAB. This bill would do it. services. Therefore, we’ve got to look that does no one any good at all. Mr. WAXMAN. I yield myself such for alternatives to that. Now I have a Mr. PITTS. I yield myself such time time as I may consume. feeling the doctors like the idea of de- as I may consume. Mr. Chairman, if you listen to the ciding how many services are going to Mr. Chairman, I find it interesting comments that were just made on the be paid for, but we just can’t afford that the gentleman who just spoke House floor, it would be better to leave that. signed a letter to former Speaker over 30 million people without health So we have ways to hold down health PELOSI on December 17, 2009, that says insurance because they want to see care costs by trying to bring people to- the IPAB provisions severely limit the doctors when they get sick. gether in affordable care organizations, congressional oversight of the Medi- The legislation, the Affordable Care ways for doctors to manage the care care program and eliminate the trans- Act, provides more training for doctors from physician to physician in a more parency of congressional hearings and and higher reimbursement for primary efficient way, and we have a backup if debate. Moreover, the creation of a care doctors, and it provides for the op- these other things don’t work—to have Medicare board would effectively portunity to get a medical education an advisory committee to give us their eliminate State community input in with a payback in underserved areas. ideas; but their ideas cannot lead to ra- the Medicare program, removing the We’re going to get more doctors, but tioning health care or making people ability to develop and implement poli- we shouldn’t say that those who have have to pay more money for their in- cies expressly applicable to different health insurance should turn their surance or to restrict benefits or mod- patient populations. So IPAB or an backs as the Republicans, I feel, are ify eligibility. That’s what we propose equivalent commission, they said, doing to all of those who have no insur- to do. could not only threaten the ability of ance whatsoever. The Republicans propose to take Medicare beneficiaries but of all Amer- I want to yield, at this point, 5 min- away the assured guarantee of services icans to access the care they need. utes to the distinguished gentleman under Medicare and require people to I yield 2 minutes to the gentleman from the State of Virginia (Mr. SCOTT) go find a private insurance plan, if they from New Mexico (Mr. PEARCE). so he can further speak on this legisla- can afford it, over and above the vouch- Mr. PEARCE. Mr. Chairman, I appre- tion. er, which would never keep pace with ciate the opportunity to speak on this Mr. SCOTT of Virginia. Mr. Chair- the increase of health care costs. legislation, H.R. 5. man, I rise today in opposition to H.R.

VerDate Mar 15 2010 04:16 Mar 22, 2012 Jkt 019060 PO 00000 Frm 00037 Fmt 4634 Sfmt 0634 E:\CR\FM\K21MR7.073 H21MRPT1 jbell on DSK7SPTVN1PROD with HOUSE H1466 CONGRESSIONAL RECORD — HOUSE March 21, 2012 5. There are several troublesome provi- model, not even California eliminates ity to get treatment from their pre- sions with the bill. joint and several liability for economic ferred doctors. That’s why we must act For example, it sets an arbitrary and damages. now to repeal IPAB—to protect seniors discriminatory $250,000 cap on non- Mr. Chairman, over centuries, each and to protect Medicare. economic damages; it reduces the State has balanced judicial procedures I hope my colleagues on both sides of amount of time an injured patient has between defendants and plaintiffs. the aisle will join me in supporting this to file a lawsuit; and it also repeals Some provide longer and some shorter bill. IPAB, the board created by the Afford- statutes of limitations. Some have Mr. PITTS. May I ask the gentleman able Care Act to control Medicare costs large, some have small, and some have how many speakers he has remaining? while preserving access to care. no caps at all on damages. Some deny Mr. WAXMAN. We have one. Although there are many trouble- recovery in cases of contributory neg- Mr. PITTS. I’ll yield to myself at some provisions in the bill, I’d like to ligence. Others allow recovery based on this time, then, such time as I may speak at length about one provision, comparative negligence. Most have consume. the so-called fair share provision. joint and several liability—a few do Mr. Chairman, H.R. 5, the Protecting The fair share provision would repeal not—but the interests of plaintiffs and Access to Healthcare Act, the PATH the general rule of joint and several li- defendants have been balanced over the Act, not only fixes our broken medical ability. Joint and several liability is a years in each State. We should not liability system; it also repeals the common law principle that enables an override centuries of the State-level Independent Payment Advisory Board, injured patient to seek compensation balancing of these interests by pre- one of the most ominous provisions in from any or all of the parties respon- empting some parts of tort law with the President’s sweeping overhaul of sible for the patient’s injuries. Joint this Federal bill. health care. and several liability provides that each Mr. Chairman, we usually hear that Medical liability reform will preserve of the guilty defendants are jointly re- tort reform is necessary to address access to quality health care in States sponsible and individually responsible three problems: defensive medicine, like Pennsylvania by allowing doctors for the total damages, and, if they high malpractice premiums, and frivo- in high-risk specialties, such as obstet- want, they can agree in advance on lous lawsuits. rics and neurosurgery, to practice how to apportion fault among them- This bill will not prevent, will not do without the fear of frivolous lawsuits selves; thus they can purchase and anything to deal with defensive medi- and, according to the Congressional cine, because the lawsuits are not share the cost of insurance and charge Budget Office, to reduce the Federal eliminated. There will still be defen- their fees for services based on that deficit by $48.6 billion over the next 10 sive medicine, and because it increases agreement. years. expenses for defendants, it may actu- The general rule of joint and several According to the President’s health ally increase total malpractice pre- liability does not burden the injured care law, the purpose of IPAB is to re- patient with the requirement of assign- miums. Finally, the bill does not target friv- duce Medicare’s per capita growth rate. ing proportional fault. This PATH Act The board is made up, as we’ve heard, creates a bizarre and impossible stand- olous lawsuits. The Institute of Medi- cine estimates that approximately up of 15 unelected, unaccountable bureau- ard for the patient by eliminating joint to 100,000 patients die every year due to crats who will be paid $165,300 a year to and several liability. It requires that medical mistakes, and yet there are serve 6-year terms on the board. If the plaintiff, who is the patient, dem- only about 15,000 medical malpractice Medicare growth goes over an arbitrary onstrate each negligent party’s propor- payments each year, so there’s a ques- target, the board is required to submit tional responsibility. This is often im- tion of whether or not frivolous law- a proposal to Congress that would re- possible for the plaintiff because fre- suits are even a problem. But to the ex- duce Medicare’s growth rate. quently all the patient knows is he tent that it is a problem, this bill will 1700 woke up as the victim of malpractice. b not target frivolous lawsuits; it will in- Why should he then be required to find These recommendations will auto- crease the cost of litigation and may matically go into effect unless Con- out what each and everybody did? And reduce all lawsuits, but it will not tar- how does he do that when everybody is gress passes legislation that would get frivolous lawsuits. achieve the same amount of savings. In denying any liability? So, Mr. Chairman, I would hope that order to do so, Congress must meet an Unfortunately, this bill essentially we will not pass a Federal law to abol- almost impossible deadline and clear requires the plaintiff to conduct a sepa- ish joint and several liability at the an almost insurmountable legislative rate case against each defendant, each State level, and I would urge my col- case requiring a finding of duty of care, leagues to oppose this legislation. hurdle. a breach of that duty, a proximate Mr. PITTS. Mr. Chairman, at this The board has the power to make cause, a finding of damages, and then a time, I yield 2 minutes to the gen- binding decisions about Medicare pol- determination of what part of the dam- tleman from Illinois (Mr. HULTGREN). icy with no requirement for public ages are attributable to what mal- Mr. HULTGREN. Mr. Chairman, I comment prior to issuing their rec- practice. rise today in support of this bill. ommendations. Individuals and pro- Each of those cases requires an ex- The unelected and unaccountable bu- viders will have no recourse against pensive expert witness, depositions, reaucrats of the Independent Payment the board because its decisions cannot and the full expense of complicated Advisory Board pose a threat to the be appealed or reviewed. In other litigation. It also complicates any set- ability of seniors in my district and words, the board will make major tlement that might take place because around this country to get the health health care legislation essentially out- a patient can’t take a chance of set- care they need. side the usual legislative process. tling with one defendant without Across my district, I hear from doc- The board is also limited to how it knowing what, ultimately, the other tors who are deeply concerned about can achieve the required savings. defendants might have to pay. their ability to accept more Medicare Therefore, IPAB’s recommendations What’s most disturbing about this recipients because reimbursement will be restricted to cutting provider bill is it eliminates joint and several li- rates are already too low; but if the reimbursements. In many cases, Medi- ability for all kinds of damages, includ- IPAB bureaucrats are allowed to ration care already reimburses below the cost ing economic damages. In doing so, care, rates will be driven even lower. of providing services, and we’re already H.R. 5 is more extreme than most Fewer doctors will be able to afford to seeing doctors refusing to take new States’ laws. Economic loss com- treat Medicare patients. It’s cruel to Medicare patients—or Medicare pa- pensates injured parties for their out- tell our seniors that they have Medi- tients at all—because they cannot af- of-pocket expenses, such as the hos- care but refuse to tell them that there ford to absorb the losses. pital bills, the doctor bills, and lost will be no doctors who will be able to Any additional provider cuts will wages. Even though the proponents of treat them. lead to fewer Medicare providers. That H.R. 5 claim to use California’s Medical IPAB will be the end of Medicare as means that beneficiary access will suf- Injury Compensation Reform Act as a we know it and the end of seniors’ abil- fer. Seniors will be forced to wait in

VerDate Mar 15 2010 04:16 Mar 22, 2012 Jkt 019060 PO 00000 Frm 00038 Fmt 4634 Sfmt 0634 E:\CR\FM\K21MR7.075 H21MRPT1 jbell on DSK7SPTVN1PROD with HOUSE March 21, 2012 CONGRESSIONAL RECORD — HOUSE H1467 longer and longer lines to be seen by an idly. The approach of Medicare has al- out-of-control legal fees; a path to a bi- ever-shrinking pool of providers or will ways been to look for ways to hold partisan and a bicameral solution to have to travel longer and longer dis- down the cost. one of the most pressing issues that tances to find a provider willing to see There was a time when ophthalmol- this Nation will ever again face, that them. Clearly, Medicare growth is on ogists would charge a fee for removing is, to save Medicare for our current an out-of-control trajectory that en- the cataract and then ask for another seniors and strengthen it for all future dangers the solvency and continued ex- fee for inserting the lens. Well, that generations. istence of the program. IPAB, however, made sense when that surgery was Let’s get started right now. Our is not the solution. brand new, but they didn’t want to give country cannot wait any longer. Vote I urge my colleagues to support H.R. up the two fees that they were receiv- ‘‘yes’’ on H.R. 5, the right PATH Act. 5. ing because it would be a reduction in b 1710 With that, I reserve the balance of their reimbursement. But Medicare Mr. CAMP. Madam Chairman, I yield my time. said no, that really doesn’t make sense. myself such time as I may consume. Mr. WAXMAN. Mr. Chairman, I am Medicare does a lot of things to hold Today I come to the floor to speak in pleased at this time to yield 2 minutes down cost, and then private insurance support of H.R. 5, the Protecting Ac- to the gentleman from New Jersey (Mr. picks them up because so often they cess to Healthcare Act, which, among HOLT). make sense. other things, will repeal yet another Mr. HOLT. I thank my friend from The Acting CHAIR. The time of the poorly designed provision from the California. gentleman has expired. Democrats’ health care law. Mr. Chairman, I rise in opposition to Mr. WAXMAN. I yield the gentleman Specifically, this legislation would H.R. 5, which would repeal the Inde- another 30 seconds. repeal the Independent Payment Advi- pendent Payment Advisory Board, Mr. HOLT. And I yield that to the sory Board. IPAB, as it’s commonly which I think is one of the good fea- gentleman. known, is a dangerous new government tures of the health reform law. Mr. WAXMAN. The way to hold down agency made up of unelected bureau- I have real concerns about H.R. 5. cost is to try to reform the way health crats who can meet in total secrecy to We’re talking about undoing work in- care is delivered. Medicare tries to do decide what seniors will pay and what stead of doing the work that this Con- that. If we don’t do it that way, the Re- health care services will be available to gress should do—repealing IPAB in the publicans would say that private insur- seniors. This unaccountable board has pretext of protecting Medicare just one ance will be able to control it because but one objective: to save money by re- day after the Republican budget was that’s all people are going to be able to stricting access to health care for released that would end Medicare and get. No more Medicare. They will have Medicare beneficiaries. shift the costs of health care to our to buy private insurance and let the in- Nearly 2 years since its passage, the seniors while giving tax breaks to mil- surance company tell the doctor and Democrats’ health care law remains lionaires. There’s just no logic to this. the patient what they will be able to do deeply unpopular, with an Associated The bill would also make significant with their trying to hold down cost, Press poll recently revealing that near- changes to the Federal health care li- without regard to the Medicare pa- ly half of the American people oppose ability system, making it difficult for tient. the law. IPAB, which is a critical com- legitimately injured patients to hold I thank the gentleman for yielding to ponent of the law, illustrates why health care providers accountable, in- me. those concerns are still so strong. cluding even limiting the ability of vic- Mr. Chairman, I yield back the bal- A separate poll confirms that opposi- tims of sexual abuse from getting jus- ance of my time. tion far outweighs support with 73 per- tice from the institutions and pro- Mr. PITTS. Mr. Chairman, before I cent expressing concern that Medicare viders who had harmed them. yield to the gentleman from Georgia, cuts recommended by IPAB could go The health reform law, which the Re- Dr. GINGREY, for our close, I just want into effect without congressional ap- publicans want to repeal, included mal- to remind him of a statement by the proval. Even IPAB’s recommendations practice reforms, like grant programs chairman. Representative STARK of the overturn a law previously passed by for States. While I support improve- Ways and Means Subcommittee on Congress. Seventy-one percent ex- ments to the medical malpractice proc- Health, during the debate and passage pressed concern that changes made to ess, it’s important to note that mal- of PPACA, he called the establishment Medicare based on IPAB’s rec- practice is not the primary—not even of the board ‘‘a dangerous provision ommendations cannot be challenged in really a significant reason—for the es- that sets Medicare up for unsustainable court, and 67 percent worry that IPAB calating health care costs. States that cuts.’’ We should be reminded of that. could choose to limit which specific have passed stringent limits on med- At this time, I yield the balance of health services are covered by Medi- ical malpractice claims like the ones in my time to one of the authors of the care. H.R. 5 have in fact some of the most legislation, a distinguished member of The American people have every rea- expensive health care in the country. the Health Subcommittee and a doctor, son to be worried. We should be pro- This bill is irresponsible and unneces- the gentleman from Georgia, Dr. tecting and empowering our seniors, sary. Where is the transportation bill? GINGREY. not jeopardizing their access to health Where are the jobs bills? Why are we on Mr. GINGREY of Georgia. Madam care. Yet IPAB removes seniors, physi- the floor talking about undoing good Chairman, as a physician Member and cians, and families from the decision- work instead of doing the work that coauthor of the bill, I am truly honored making process about how best to meet this Congress should be doing? This bill that Chairman PITTS is allowing me to their health care needs. Instead of giv- is irresponsible and unnecessary. I urge close the debate on H.R. 5, the PATH ing seniors more choices, these my colleagues to vote ‘‘no’’ on this po- Act—appropriately named. For mean- unelected bureaucrats will take away litical theater. ingful medical liability reform and the choices from patients, from doctors, The Acting CHAIR (Mr. WOMACK). elimination of IPAB together will put and from families. This government- The time of the gentleman has expired. Medicare in specific, and health care in knows-best approach is why Americans Mr. WAXMAN. I’d like to yield 1 ad- general, back on the right path: a path across the country support repeal, and ditional minute to the gentleman and to fiscal solvency for one-sixth of our it’s also why there’s strong bipartisan ask him to yield to me. economy; a path to compassionate, support here in Congress to repeal Mr. HOLT. I am pleased to yield to cost effective, efficient, and timely IPAB. my friend from California. health care for all who call this great When the Ways and Means Com- Mr. WAXMAN. The problem that we country home; a path to fairness in our mittee considered this legislation, we keep facing is rapidly rising health court systems so that those injured by received numerous letters from groups care costs. It’s not just for Medicare; malpractice get their day before a jury across the Nation representing employ- it’s for private insurance. It’s for any- of their peers and they are justly com- ers, patients, doctors, and health care body who has health coverage that pensated, not crowded out by the grow- professionals who voiced strong sup- costs of health care are going up raping problem of frivolous claims and port for IPAB repeal. The groups span

VerDate Mar 15 2010 04:16 Mar 22, 2012 Jkt 019060 PO 00000 Frm 00039 Fmt 4634 Sfmt 0634 E:\CR\FM\K21MR7.077 H21MRPT1 jbell on DSK7SPTVN1PROD with HOUSE H1468 CONGRESSIONAL RECORD — HOUSE March 21, 2012 across the political spectrum and in- physicians, to restrict the number of Medi- ican College of Radiology, American College clude the Easter Seals, the Alliance of care patients in their practices. In all likeli- of Surgeons—Missouri Chapter, American Specialty Medicine, the Veterans hood, the IPAB will only exacerbate this Congress of Obstetricians and Gynecologists, Health Council, FreedomWorks, and problem. American Gastroenterological Association, While we are all supportive of improving American Liver Foundation—Allegheny Di- Americans for Tax Reform. In total, the quality of care in this country, we are vision. over 390 groups have signed letters ask- concerned that the IPAB will not be able to American Osteopathic Academy of Ortho- ing that Congress repeal IPAB, and I focus on improving healthcare and delivery pedics, American Physical Therapy Associa- will insert these letters into the system reforms, as some of its proponents tion, American Podiatric Medical Associa- RECORD. have suggested. Requiring the IPAB to tion, American Society of Anesthesiologists, America’s seniors deserve better. achieve scoreable savings in a one-year time American Society of Breast Surgeons, Amer- Without reform, the Medicare trustees period is not conducive to generating savings ican Society of Cataract and Refractive Sur- have said that Medicare will soon go through long-term delivery system reforms. gery, American Society of General Surgeons, According to a recent Kaiser Family Foun- American Society of Plastic Surgeons, broke and not be able to provide the dation issue brief, ‘‘[w]hile the requirement benefits seniors rely on. With more and American Society of Radiation Oncology, to achieve Medicare savings for the imple- American Urological Association, Americans more Americans becoming eligible for mentation year provides a clear direction for Prosperity, Amigos por la Salud, Arizona Medicare each day, no time is more ur- and target for the Board, it may discourage BioIndustry Association, Arizona Medical gent than now to secure the future of the type of longer-term policy change that Association, Arizona Podiatric Medical Asso- beneficiaries’ access to care. IPAB does could be most important for Medicare and ciation, Arizona Urological Society, Arkan- just the opposite. It threatens seniors’ the underlying growth in health care costs, sas Medical Society, Arkansas Orthopaedic including delivery system reforms that access to health care, and that is why Society, Arkansas Podiatric Medical Asso- MedPAC and others have recommended ciation, Associated Industries of Florida. it must be repealed. which are included in the ACA—and which Association for Behavioral Healthcare, As- Madam Chairman, the Democrats got generally require several years to achieve sociation of Nurses in AIDS Care, Asthma & it right when they named the IPAB. It savings. If these delivery system reforms are Allergy Foundation of America—California not ‘scoreable’ for the first year of imple- truly is the Independent Payment Ad- Chapter, Asthma & Allergy Foundation of mentation, the IPAB may be more likely to visory Board. It’s independent from America—New England Chapter, Bay Bio, consider more predictable, short-term seniors, independent from people with BEACON (Biomedical Engineering Alliance scoreable savings, such as reductions in pay- disabilities, independent from the vot- & Consortium), Connecticut, BIOCOM, ment updates for certain providers.’’ The ers, independent from legal challenges BioNJ, BioOhio, Biotechnology Industry Or- Congressional Budget Office (CBO) has in ganization (BIO), Bismarck-Mandan Cham- and appeals, and independent from any fact stated that the Board is likely to focus ber of Commerce, California Healthcare In- accountability. its recommendations on changes to payment stitute, California Hispanic Chambers of It’s time to give that independence rates or methodologies for services in the Commerce, California Medical Association, back to doctors, to patients, and to fee-for-service sector by non-exempt pro- California Orthopaedic Association, Cali- viders. Again, this will have a severe, nega- Congress by voting to repeal this Wash- fornia Podiatric Medical Association, Cali- tive impact on Medicare beneficiaries. ington power grab. I urge my col- fornia Rheumatology Alliance, California Last, we believe that the IPAB sets a dan- leagues to join me in supporting repeal Urological Association, Capital Region Ac- gerous precedent for overriding the normal of the Independent Payment Advisory tion Against Breast Cancer!, Center of the legislative process. Congress is a representa- American Experiment. Board and to vote ‘‘yes’’ on this legis- tive body that has a duty to legislate on lation. issues of public policy. Abdicating this re- Children’s Rare Disease Network, Coalition for Affordable Health Coverage, Coalition of MARCH 7, 2012. sponsibility to an unelected and unaccount- DEAR MEMBER OF CONGRESS: The organiza- able board removes our elected officials from State Rheumatology, Council of University tions listed below represent a breadth of en- the decision-making process for a program Chairs of Obstetrics & Gynecology Organiza- tities including all sectors of the healthcare that millions of our nation’s seniors and dis- tions, Colorado Academy of Family Physi- industry, employers of different sizes and ge- abled individuals rely upon, endangering the cians, Colorado BioScience Association, Col- ographic locations, as well as purchasers of important dialogue that takes place between orado Cross-Disability Association, Colorado care, consumers and patients. We all share elected officials and their constituents. Gerontological Society, Colorado Podiatric the conviction that the Independent Pay- We do not believe the IPAB is the right Medical Association, Colorado Retail Coun- ment Advisory Board (IPAB) will not only way to achieve savings in Medicare and cil, Colorado Springs Health Partners, Com- severely limit Medicare beneficiaries’ access strongly urge Congress to eliminate this pro- munity Health Charities of Florida, Commu- to care but also increase healthcare costs vision. nity Health Charities of Nebraska, Congress that are shifted onto the private sector. Sincerely, of Neurological Surgeons, Community Oncol- While we all recognize the need for more sus- Abigail Alliance, Action CF AdvaMed, Ad- ogy Alliance, Connecticut Orthopaedic Soci- tainable healthcare costs, we do not believe vocates for Responsible Care, AIDS Dela- ety, Connecticut Podiatric Medical Associa- the IPAB is the way to, or will, accomplish ware, AIDS Drug Assistance Programs Advo- tion, Connecticut State Urology Society, this goal. cacy Association, AIDS Housing Association Delaware Academy of Medicine, Delaware As you know, the Patient Protection and of Tacoma, AIDS Institute, Alabama Ecumenical Council on Children and Fami- Affordable Care Act (PPACA [P.L. 111–148]) Orthopaedic Society, Alabama Podiatric lies. created the IPAB, a board appointed by the Medical Association, Alaska State Chamber Delaware HIV Consortium, Delaware President and empowered to make rec- of Commerce, Alaska State Grange, Alder Podiatric Medical Association, Delaware ommendations to cut spending in Medicare if Health Services, Inc., Alliance for Aging Re- State Orthopaedic Society, Docs 4 Patient its spending growth reaches certain meas- search, Alliance of Specialty Medicine, Care, Easter Seals, Easter Seals Crossroads, ures. The IPAB will have unprecedented ALung Technologies, Inc., Alzheimer’s & De- Easter Seals Iowa, Easter Seals of Arkansas, power with little oversight, even though it mentia Resource Center, Alzheimer’s Arkan- Easter Seals of Maine, Easter Seals of Mas- has the power to literally change laws pre- sas, American Academy of Facial Plastic & sachusetts, Easter Seals of New Jersey, viously enacted by Congress. Further, the Reconstructive Surgery, American Academy Easter Seals of Southeastern PA, Easter law specifically prohibits administrative or of Neurology. Seals of South Florida, Easter Seals UCP judicial review of the Secretary’s implemen- American Academy of Otolaryngology— North Carolina, Elder Care Advocacy of Flor- tation of a recommendation contained in an Head and Neck Surgery, American Academy ida, Florida Chamber of Commerce, Florida IPAB proposal. of Physical Medicine and Rehabilitation, Medical Association, Florida Podiatric Med- We are deeply concerned about the impact American Association for the Study of Liver ical Association, Florida Society of Neu- the IPAB will have on patient access to qual- Diseases, American Association of Clinical rology, Florida Society of Rheumatology. ity healthcare. The bulk of any rec- Endocrinologists, American Association of Florida Society of Thoracic & Cardio- ommended spending reductions will almost Clinical Urologists, American Association vascular Surgeons, Florida State Hispanic certainly come in the form of payment cuts for Homecare, American Association for Chamber of Commerce, Florida Transplant to Medicare providers. This will affect pa- Marriage and Family Therapy, American As- Survivor’s Coalition, Florida Urological So- tient access to care and innovative thera- sociation of Neurological Surgeons, Amer- ciety, Georgia Association for Home Health pies. In the past five years for which data is ican Association of Orthopaedic Executives, Agencies, Georgia Bio, Georgia Orthopaedic available, the number of physicians unable American Association of Orthopaedic Sur- Society, Georgia Podiatric Medical Associa- to accept new Medicare patients because of geons, American Autoimmune Related Dis- tion, Global Genes, Global Healthy Living low reimbursement rates has more than dou- eases Association, American College of Foundation, Grand Rapids Area Chamber of bled. According to an American Medical As- Emergency Physicians, American College of Commerce, HEALS of the South, Healthcare sociation survey, current reimbursement Emergency Physicians—Indiana Chapter, Institute of New Jersey, Healthcare Leader- rates have already led 17 percent of all doc- American College of Mohs Surgery, Amer- ship Council, HealthHIV, Hemophilia Foun- tors, including 31 percent of primary care ican College of Osteopathic Surgeons, Amer- dation of Maryland, Heart Rhythm Society,

VerDate Mar 15 2010 05:47 Mar 22, 2012 Jkt 019060 PO 00000 Frm 00040 Fmt 4634 Sfmt 0634 E:\CR\FM\K21MR7.079 H21MRPT1 jbell on DSK7SPTVN1PROD with HOUSE March 21, 2012 CONGRESSIONAL RECORD — HOUSE H1469 Hoosier Owners and Providers for the Elder- Services Programs, National Association of tion, Utah Podiatric Medical Association, ly, Idaho Medical Association, Idaho People with AIDS, National Association of Utah State Orthopaedic Society, Vascular Podiatric Medical Association. Social Workers NC, National Association of Society of New Jersey, Vermont Medical So- Illinois Association of Orthopaedic Sur- Spine Specialists, National Council of Negro ciety, Vermont Podiatric Medical Associa- geons, Illinois Biotechnology Industry, Orga- Women, National Council of Negro Women— tion, Veterans Health Council, VHA Inc., nization—iBIO®, Illinois Chamber of Com- Los Angeles View Park Section, National Vietnam Veterans of America, Virginia Bio- merce, Indiana Association of Cities and Council for Community Behavioral technology Association. Towns, Indiana Health Care Association, In- Healthcare, National Health Foundation, Na- Virginia Podiatric Medical Association, diana Health Industry Forum, Indiana Med- tional Hemophilia Foundation—Delaware Visiting Nurse Association of Ohio, Wash- ical Device Manufacturers Council, Inc., In- Valley Chapter, National Kidney Founda- ington Biotechnology & Biomedical Associa- diana Neurological Society, Indiana tion—Ohio Chapter, National Medical Asso- tion, Washington Free Clinic Association, Podiatric Medical Association, Indiana State ciation, National Minority Quality Forum. Washington Osteopathic Medical Associa- Medical Association, InterAmerican College National Retail Federation, NCBIO, Ne- tion, Washington State Podiatric Medical of Physicians & Surgeons, International braska Academy of Physician Assistants, Ne- Association, Washington Rheumatology As- Franchise Association, International Insti- braska Medical Association, Nebraska sociation, Washington State Medical Asso- tute for Human Empowerment, International Orthopaedic Society, Nebraska Urological ciation, Washington State Urology Society, Society for the Advancement of Spine Sur- Association, Neurofibromatosis Mid-Atlan- WERAK Foundation, West Virginia Academy gery, Iowa Orthopaedic Society, Iowa tic, Nevada Orthopaedic Society, Nevada of Otolaryngology, West Virginia Chapter of Podiatric Medical Association, Kansas Med- Podiatric Medical Association, Nevada State the American College of Cardiology, West ical Society, Kansas Podiatric Medical Asso- Medical Association, New Hampshire State Virginia Manufacturer’s Association, West ciation, Kansas Urological Association. Grange, New Horizons Home Health Services, Virginia Orthopaedic Society, West Virginia Kentucky BioAlliance, Kentucky Medical New Jersey Academy of Ophthalmology, New State Medical Association, William ‘‘Hicks’’ Association, Kentucky Podiatric Medical As- Jersey Mayors Committee of Life Science, Anderson Community Center, Wisconsin sociation, Kidney Cancer Association of Illi- New Jersey Podiatric Medical Society, New Hospital Association, Wisconsin Urological nois, Large Urology Group Practice Associa- Mexico Podiatric Medical Association, New Society, Wyoming State Grange, Women tion, Latino Diabetes Association, Licensed York Podiatric Medical Association, New Against Prostate Cancer. Professional Counselors Association of Geor- York State Rheumatologists Society, New gia, Louisiana State Medical Society, Lupus York State Urological Society, North Caro- HEALTH CARE FREEDOM COALITION, Alliance of America—Hudson Valley Affil- lina Association on Aging. March 19, 2012. iate, Lupus Alliance of America—Queens and North Carolina Psychological Association, DEAR MEMBER OF CONGRESS: On behalf of Long Island Affiliate, Lupus Alliance of North Carolina Rheumatology Association, the 26 undersigned members of the Health America—Southern Tier Affiliate, Lupus Al- North Carolina Urological Association, Care Freedom Coalition and our ally organi- liance of America—Upstate New York Affil- North Dakota Chamber of Commerce, North zations, representing industry, policy, tax- iate, Lupus Foundation of Arkansas, Lupus Dakota Medical Association, North Dakota payer, and medical professional groups, and Foundation of America, DC/MD/VA Chapter, Policy Council, Northwest Urological Soci- their millions of patients and members, we Lupus Foundation of Florida, Lupus Founda- ety, Ohio Association of Ambulatory Sur- are writing to express our concerns regard- tion of Mid and Northern New York, Lupus gery Centers, Ohio Association of County Be- ing the Independent Payment Advisory Foundation of the Genesee Valley, Lupus havioral Health Authorities, Ohio Associa- Board provision of the Patient Protection Foundation of Pennsylvania, Mabel Wads- tion of Medical Equipment Services, Ohio and Affordable Care Act and the disastrous worth Women’s Health Center, Maine Health Hospital Association, Ohio Orthopaedic Soci- impact of its implementation on both pa- Care Association. ety, Ohio State Grange, Ohio State Medical tient care as well as Congressional author- Maine Osteopathic Association, Maine Association, Ohio Urological Society, Ohio ity. Podiatric Medical Association, Maine State Veterans United, Oklahoma Podiatric Med- Section 3403 of the Patient Protection and Council of Vietnam Veterans of America, ical Association, Oklahoma State Medical Affordable Care Act (PPACA) established the Maryland Orthopaedic Association, Mary- Association, Oklahoma State Orthopaedic Independent Payment Advisory Board land State Medical Society, Massachusetts Society, Oklahoma State Urologic Associa- (IPAB) to reduce Medicare spending. But ul- Association for Behavioral Health Systems, tion. timately this panel of 15 independent, Massachusetts Association for Mental Old North State Medical Society, Oregon unelected bureaucrats with unilateral au- Health, Massachusetts Biomedical Initia- Medical Association, Oregon Podiatric Med- thority and whose decisions are freed from tives, Massachusetts Medical Device Indus- ical Association, Partners in Care Founda- judicial and administrative review will most try Council, Massachusetts Orthopaedic As- tion, Partnership for Drug Free North Caro- certainly cut payments to physicians under sociation, Massachusetts Podiatric Medical lina, Pennsylvania BIO, Pennsylvania Cham- Medicare, will limit patient access to, and Society, Medical Association of Georgia, ber of Business & Industry, Pennsylvania quality of, medical care. Medical Association of the State of Ala- Medical Society, Pennsylvania Orthopaedic INDEPENDENT, UNELECTED, POLITICALLY- bama, Medical Society of Delaware, Medical Society, Personal Coaching & Psychotherapy APPOINTED BUREAUCRATS Society of the District of Columbia, Medical for Women, PhRMA, Premier healthcare alli- Of the 15 members, twelve will be ap- Society of the State of New York, Medical ance, RARE Project, RetireSafe, Rhode Is- pointed by the President, and the law actu- Society of New Jersey, Men’s Health Net- land Medical Society, Rio Grande Founda- ally prevents practicing medical profes- work, Mental Health America of Indiana, tion, New Mexico, Rocky Mountain Stroke sionals—like doctors—from membership. The Mental Health America of Greater Houston. Center, Rural Health IT, Sanfilippo Founda- rules almost guarantee that the members MichBio, Michigan Chamber of Commerce, tion for Children, Society for Cardiovascular will be academics. The highly-paid bureau- Michigan College of Emergency Physicians, Angiography and Interventions. crats will likely be paid more than many of Michigan Podiatric Medical Association, Society for Vascular Surgery, Society of the doctors they are second-guessing. These Michigan Orthopaedic Society, Michigan So- Gynecologic Oncology, Society of Urologic six-year terms come with an anticipated ciety of Anesthesiologists, Minnesota Oncology, South Carolina BIO, South Caro- paycheck of $165,300—more than the average Podiatric Medical Association, Minnesota lina HIV/AIDS Care Crisis Task Force, South family practice physician earns in many cit- State Grange, Mississippi Arthritis and Carolina Medical Association, South Caro- ies in Ohio, Pennsylvania and Florida. Rheumatism Society, Mississippi lina Orthopaedic Association, South Caro- UNDEMOCRATIC, UNILATERAL AUTHORITY AND Orthopaedic Society, Mississippi Podiatric lina Podiatric Medical Association, South LACK OF REDRESS OR REVIEW Medical Association, Missouri State Medical Carolina Urological Association, South Da- Association, Missouri Urological Associa- kota Podiatric Medical Association, South The decisions cannot be challenged in the tion, Montana Orthopaedic Society, National Dakota State Orthopaedic Society, South courts and are freed from the normal admin- Alliance on Mental Illness, National Alliance Jersey Geriatric Care PC, South Jersey Sen- istrative rules process—require no public noon Mental Illness Colorado, National Alli- ior Networking Group, Southeastern Medical tice, public comment or public review. IPAB ance on Mental Illness Florida, National Al- Device Association (SEMDA), Southwest ‘‘recommendations’’ carry the full force of liance on Mental Illness Georgia, National Michigan Pharmacist Association, Stockton the law, unless 2/3 of the House and Senate Alliance on Mental Illness Indiana, National Center on Successful Aging, Syndicus Sci- vote to override. In essence, Congress has Alliance on Mental Illness Maine. entific Services, Team Sanfilippo Founda- given this Board the authority to legislate. National Alliance on Mental Illness Michi- tion, Tennessee Medical Association, Ten- DECISIONS WILL IMPACT PHYSICIANS & PATIENTS gan, National Alliance on Mental Illness NC, nessee Orthopaedic Society. The board is specifically forbidden from National Alliance on Mental Illness Texas, Tennessee Podiatric Medical Association, ‘‘any recommendations to ration health National Association for Home Care & Hos- Texas Healthcare & Bioscience Institute, care’’, but PPACA fails to define the word pice, National Association for Home Care & Texas Podiatric Medical Association, Texas ‘‘ration.’’ Instead, it allows IPAB to pay doc- Hospice—Indiana Chapter, National Associa- Urological Society, The Center for Health tors reimbursement rates below costs, which tion for Home Care & Hospice—Ohio Chapter, Care Services, The G.R.E.E.N. Foundation, in essence would constrict a physician’s abil- National Association for Uniformed Serv- The National Grange, U.S. Chamber of Com- ity to treat patients. Longitudinal studies ices, National Association of Manufacturers, merce, U.S. Pain Foundation, Urology Soci- already show that about one-fourth of doc- National Association of Nutrition and Aging ety of New Jersey, Utah Medical Associa- tors already refuse new Medicare patients,

VerDate Mar 15 2010 06:02 Mar 22, 2012 Jkt 019060 PO 00000 Frm 00041 Fmt 4634 Sfmt 0634 E:\CR\FM\A21MR7.028 H21MRPT1 jbell on DSK7SPTVN1PROD with HOUSE H1470 CONGRESSIONAL RECORD — HOUSE March 21, 2012 and as many as 50% restrict the services would happen if they had prevailed be- some of them talk about IPAB; some they are willing to perform for their current fore. That’s what would happen if they don’t even discuss IPAB. They talk patients. And this is expected to worsen, as prevail today with their voucher plan. about the Affordable Care Act. even more doctors will be unable to afford to So the third act really came forth be- take Medicare patients. b 1720 fore the first act. They rolled out, yes- ABSOLVES CONGRESS FROM OVERSIGHT & terday, their budget plan that essen- The polling data we have is essen- DECISION-MAKING tially would repeal Medicare, would de- tially relating to the Affordable Care IPAB is intended to take tough decisions stroy it. There would be a voucher and, Act as well as to IPAB. I think the about Medicare spending out of the purview over time, the end of Medicare. more people understand what has been of Congress, in effect, delegating away its going on, the more they see the bene- legislative responsibilities under the Con- It’s an essential commitment to the stitution to either a 15–member Board, or by seniors of this country, and we Demo- fits of health care reform, the more default, the Secretary of Health and Human crats are determined to thwart every they will be supportive of it. We’re Services. IPAB was simply created to ab- effort to destroy it. going to take that case to the Amer- solve Congress of having to make decisions Now, as to the first act, repeal IPAB. ican people. that directly impact the quality and access You know, it’s interesting that Medi- Let me just give you a few numbers of care for Seniors, and also insulate them care is a major instrumentality for en- that everyone should know about ACA. from having to make tough decisions. suring that over time the costs of It’s been only 2 years since it was The ill-advised quest for ‘‘cost effective- signed into law, but Americans are al- ness’’ is doomed to failure. As we have seen Medicare are brought under control, in Great Britain, any de facto price controls protecting the health care opportuni- ready receiving the benefits of lower are likely to do nothing to control the ties of seniors. Indeed, there have been costs and better coverage. growth of spending. Further, this one-size- efforts already under the Affordable Let me give you a few facts: fits-all approach to dictating medical care in Care Act to bring under control the 86 million Americans have received a country of more than 300 million is ill-ad- costs of Medicare, to make sure it sur- one or more free preventative services vised. vives. such as checkups and cancer If Congress believes that these decisions So being an essential part of control- screenings; handed over to IPAB are too much of a hot ling health care costs over the long 105 million Americans no longer have political potato for it to decide, then perhaps it is a clear indication that this is the wrong term, the Republican proposal, essen- a lifetime limit on their coverage; course of action. tially, would go in the opposite direc- Up to 17 million children with pre- Sincerely, tion. And that’s why the CBO, last year existing conditions can no longer be de- Kathryn Serkes, CEO & Chairman Doctor projected—and I want everybody to lis- nied coverage by insurers. Up to 17 mil- Patient Medical Association; Grover ten to this—that health care costs lion kids. You repeal this Act, you put Norquist, President Americans for Tax would jump by 39 percent under the Re- them into total jeopardy; Reform; Dean Clancy Legislative Coun- 1 publican plan to end the Medicare 2 ⁄2 million additional young adults sel & VP, Health Care Policy Freedom guarantee. That’s why 300 economists up to 26 now have health insurance Works; Jim Martin, Chairman 60 Plus through their parents’ plan. If you had Association; Heather Higgins, Presi- have said that health reform puts into dent & CEO Independent Women’s place, essentially, every cost-contain- succeeded in past efforts of repealing Voice; Colin A. Hanna, President Let ment provision policy that analysts health care reform, those 21⁄2 million Freedom Ring; Ken Hoagland, Chair- have considered. It’s because of those people would have been out in the cold; man Restore America’s Voice Founda- policies that CBO has given this esti- Also, 5.1 million seniors in the dough- tion; Christopher M. Jaarda, President mate that IPAB isn’t going to be trig- nut hole have saved $3.2 billion on their American Healthcare Education Coali- gered until some time after 2022. prescription drugs, an average of $635 tion; HSA Coalition; Tim Phillips, So what happens is, the Republicans per senior. If you had succeeded with President Americans For Prosperity; repeal, over 5 million seniors would Amy Ridenour, Chairman The National come forth with the repeal of IPAB as Center for Public Policy Research; a first step towards repealing Medicare have been essentially with increased Mario H. Lopez, President Hispanic when they have never presented an al- costs; Leadership Fund; David Williams, ternative in terms of the Affordable Over 2 million seniors have had a free President Taxpayers Protection Alli- Care Act. So, today, we hear all the annual wellness visit under Medicare; ance; Andrew Langer, President Insti- scare tactics about a board whose oper- Already under the small business tute for Liberty; Jane Orient, MD, Ex- ation effectively won’t be triggered for health care tax credit, over 350,000 ecutive Director Association of Amer- a decade. That’s a scare tactic that is small employers have used it to help ican Physicians & Surgeons; Eric provide health insurance for 2 million Novak, MD US Health Freedom Coali- not worthy of this floor, so I urge very tion; Andrew F. Quinlan, President much that we oppose. workers. Center for Freedom and Prosperity; It’s interesting that the Republican Republicans come here using scare Grace-Marie Turner, President Galen budget has a cap that is more severe, if tactics about IPAB, 10 years away from Institute; Hal C. Scherz, MD, FACS, you want to put it that way, more being triggered according to CBO. You FAAP President & CEO Docs 4 Patient strenuous than the provision that re- essentially say repeal health care re- Care; Amy Kremer, Chairman Tea lates to IPAB. And so they come forth, form though you’ve never had a com- Party Express; Penny Nance, CEO and and they say that IPAB, which won’t prehensive plan to replace it. That’s President Concerned Women for Amer- be triggered until 2022, is something been the bankruptcy of your position. ica; Dr. Joseph L. Bridges, President & CEO The Seniors Coalition; Pete Sepp, that they should oppose, while they I finish, reminding everybody that Executive Vice President National want to put in place a budget this year we’re the only industrial nation on the Taxpayers Union; Judson Phillips Tea that would have a more severe cap globe which has tens of millions of peo- Party Nation; Stephani Scruggs, Presi- than is in IPAB. Let me also say the ple who go to bed every day without a dent Unite In Action, Inc; Ana Puig, notion that there is some agency here stitch of health insurance coverage. Co-Founder Kitchen Table Patriots. that could act without any role for The administration’s brief before the I reserve the balance of my time. Congress is simply untrue. It’s not Supreme Court has illustrated what Mr. LEVIN. Madam Chairman, I yield true. You shouldn’t say it. the result is in terms of the added costs myself such time as I may consume. We have an opportunity, once IPAB of the uninsured who go to emergency I hope everybody’s been listening to goes into operation, to review any rec- rooms. Billions and billions of dollars this. What has become clear is this: the ommendation that comes forth, and to that are essentially shifted to people Republicans have a 3-act play. First, replace it, as long as the various tar- who have insurance and shifted to tax- repeal IPAB; next, repeal the rest of gets are met. So I urge very much that payers who have to cover the costs of health care reform; and, finally, repeal we reject this proposal in part because emergency coverage. Medicare. the repeal, in and of itself, I think, is a So we come here with a passion. We It is so hypocritical to come forth mistake but mainly because of what worked hard to support and to pass this and say that the efforts of Republicans the aim is here, and that has been so act. We worked hard to put it together. is to protect Medicare when the pur- clear from the debate, because people A major piece of legislation like that pose of it is to destroy it. That’s what who come here on the Republican side, always needs continued work, but not

VerDate Mar 15 2010 04:16 Mar 22, 2012 Jkt 019060 PO 00000 Frm 00042 Fmt 4634 Sfmt 0634 E:\CR\FM\A21MR7.031 H21MRPT1 jbell on DSK7SPTVN1PROD with HOUSE March 21, 2012 CONGRESSIONAL RECORD — HOUSE H1471 its repeal. That would be a grave, breaking the commitment that we all been at work in States across the coun- grave, grave mistake. made to one another establishing a try, including some that have Repub- So I think it’s time to pull down the path forward on deficit reduction. It lican Governors. We’re doing some of it curtain on this three-act play of the wasn’t just a commitment that was in the State of Oregon. It has the House Republicans trying first to re- made amongst legislative leaders; we dreaded mandate, which was a Repub- peal IPAB, then to repeal the rest of wrote it into law. Now they’re break- lican think tank option that was an al- health care reform, and then to repeal ing that commitment. ternative to HillaryCare 20 years ago, Medicare. Fortunately, if we’re mis- They are involved with the budgets and, in fact, was put in place by Gov- taken and the majority passes it here, that are going to actually reduce ernor Romney, who is going to be, by it will deserve a death in the Senate of health care in this country, and yet all accounts, the Republican standard the United States. they would come to the floor and ask bearer for President. I reserve the balance of my time. us to get exorcised about something This is an example of Congress at its Mr. CAMP. Madam Chairman, I yield that may happen 10 years from now. worst, making up a problem, attacking myself 15 seconds just to say that our I find the language curious. You something that would help us do our Republican alternative, our Republican could just as easily say, instead of the job better. They are trying to demonize health care bill, prevented unlawful Supreme Court, you could talk about it in a way that you could do with vir- recisions, had no lifetime caps on cov- nine unelected judicial hacks meeting tually any other board or commission, erage, did not deny coverage to those in secret that have no judicial review. ignoring the safeguards, ignoring the with preexisting conditions, and was They’re a power unto themselves. fact that the statute says specifically the only bill that was scored by CBO as Get a grip, people. that it shall not ration. Instead, they lowering premiums. Also, we did it IPAB comes into play only if we are are willing to allow insurance compa- without spending $2 trillion and 2,400 unable to deal with controlling costs. nies to ration and ignore the need for pages and did not create a board of 15 Remember, our Republican friends—I reform. unelected bureaucrats. voted against it—set up the SGR so I strongly urge rejection of this mis- With that, I yield 2 minutes to the that we have to have a doc fix every guided proposal. Let’s get back to distinguished chairman of the Health year, putting cost control on auto- work. Let’s do our job. It will never Subcommittee, the gentleman from matic pilot, because they didn’t have come into play if Congress does its job, California (Mr. HERGER). the gumption year after year to deal and Congress will always have the last Mr. HERGER. Madam Chairman, I with the policy changes to make a dif- say. rise in strong support of H.R. 5. ference. Mr. CAMP. Madam Chairman, I yield Today’s debate goes to the heart of We have MedPAC for Medicare that 2 minutes to a distinguished member of the question of what kind of health gives us recommendations, but Con- the Ways and Means Committee, the care system we want to have. House gress blinks. gentlewoman from Kansas (Ms. JEN- Republicans believe the solution to KINS). b 1730 making health care more affordable Ms. JENKINS. I thank the chairman and strengthening the Medicare pro- What’s going to happen maybe 10 for yielding. gram is more freedom, empowering in- years from now, if costs are not under The President’s health care law is novation and competition to reduce control, then there will be 15 people chock full of pitfalls, tax increases, costs and improve quality, giving sen- who are experts, who are recommended government overreaches, and newly iors the opportunity to choose the by congressional leaders, nominated by created bureaucracies. But perhaps the health care that’s best for them. the President, confirmed by the Sen- most outrageous and dangerous mani- The Independent Payment Advisory ate, who will make recommendations if festation is the Independent Payment Board, IPAB, represents a very dif- Congress doesn’t do its job. Then Con- Advisory Board. ferent approach to controlling health gress will be able to take those rec- This board of 15 arbitrarily appointed care costs, a one-size-fits-all plan in ommendations and put in place alter- bureaucrats is charged with slashing which unelected and unaccountable bu- natives. Nothing is going to happen Medicare reimbursement rates, which reaucrats decide what kind of health here without Congress having the abil- will drastically impact the medicine care you should get. Physicians, pa- ity to match and do better. and procedures available to our sen- tient advocates, and respected schol- But because Congress historically iors. ars, Democrats and Republicans alike, hasn’t had a backbone and has failed The IPAB has no mandate to improve have warned that the IPAB threatens miserably in areas of cost control and patient care. Its mandate is to meet a access to care for seniors and people reform, we put into the health care re- budget, and it may ultimately lead to with disabilities. The board has the au- form act a fail-safe, not unlike what the rationing of care for our senior thority to meet and make decisions in we’ve had to do to take base closing citizens. The IPAB gives these bureau- secret without considering the perspec- out of the hands of the logrolling in crats unprecedented power with no active of patients and their doctors and Congress and have a streamlined proce- countability, no judicial review, and no without judicial review. Madam Chair- dure. This is a fail-safe. This makes requirement for transparency. The sim- man, this is the wrong approach. IPAB sense. It’s not going to happen unless ple fact is that the American people must be repealed. Congress fails in its task. don’t want and certainly don’t need bu- H.R. 5 also includes important re- I strongly suggest that what we reaucrats coming between us and our forms to reduce the cost of frivolous ought to do—rather than trying to un- doctors. medical lawsuits. The President’s ravel health care reform on this floor Today we ask for the repeal of the health care overhaul has not fulfilled and in the Budget Committee—is accel- IPAB, but we will also make up for any his promise to reduce health insurance erate it. amount of lost savings this absurd premiums by $2,500, but commonsense The Acting CHAIR (Ms. HERRERA board would have been able to find by medical liability reforms will truly BEUTLER). The time of the gentleman strengthening our health care system bring down health costs both for Amer- has expired. with honest and straightforward med- ican families and the Medicare pro- Mr. LEVIN. I yield the gentleman an ical liability reform. gram. additional 2 minutes. Frivolous lawsuits have caused mal- I urge the passage of this legislation. Mr. BLUMENAUER. Remember, the practice insurance rates to skyrocket. Mr. LEVIN. I now yield 3 minutes to elements in the health care reform, As a result, the price of health care for the distinguished member of our com- when you unwind them, virtually with- patients has followed the same trajec- mittee, Mr. BLUMENAUER, from the out exception, have their roots in a bi- tory, and we’ve seen dramatic health proud State of Oregon. partisan consensus of what needs to care access issues for our rural commu- Mr. BLUMENAUER. Madam Chair- happen to make our health care system nities. man, I come to the floor coming from more efficient. If we repeal the IPAB and enact these the Budget Committee, where my Re- Many of these pilot projects, these commonsense medical liability republican colleagues are busy at work demonstrations have actually already forms, this legislation will reduce the

VerDate Mar 15 2010 04:19 Mar 22, 2012 Jkt 019060 PO 00000 Frm 00043 Fmt 4634 Sfmt 0634 E:\CR\FM\K21MR7.081 H21MRPT1 jbell on DSK7SPTVN1PROD with HOUSE H1472 CONGRESSIONAL RECORD — HOUSE March 21, 2012 deficit by over $45 billion, according to This is the right thing to do, and yet care. We need to end and destroy the the CBO. These are commonsense, bi- we have to figure out some cost-con- fee-for-service system, which is all vol- partisan, fiscally responsible reforms tainment measures to make sure that ume-based payments, and move to a that strengthen the doctor-patient re- it’s sustainable and affordable in the value-based reimbursement system. lationship and put the American people future. The IPAB commission can help us get back in charge of their health care de- The Independent Payment Advisory to that promised land. cisions. Board is a backstop in that effort. It’s And this has been a bipartisan issue I urge all of my colleagues to support not the first thing we go to in order to for a long time. Dr. Frist has been this. find cost savings, but if costs do exceed talking about payment reform that’s Mr. LEVIN. I yield 4 minutes to a target growth rates, the Independent value-based for as long as I can remem- member of our Ways and Means Com- Payment Advisory Board is able to ber. My own former Governor, former mittee, the gentleman from Wisconsin come forward—with Congress—with HHS Secretary Tommy Thompson, has (Mr. KIND). recommended cost savings that will be said repeatedly that if we do anything, Mr. KIND. I thank the gentleman implemented only if Congress refuses make sure that we change the payment from Michigan for yielding me this to act ourselves. And that has been the system so it is value- and not volume- time. problem around here for too long. We based anymore. Mark McClellan, Presi- Madam Chair, I rise in opposition to get recommendations from MedPAC dent Bush’s CMS Director, the same H.R. 5. and other entities on where we can find thing. So there’s been bipartisan rec- Two years ago, the Affordable Care ognition that we have to do it. IPAB Act was passed, and I was a proud sup- cost savings, but because of the inability of Congress to stand up to some gives us an opportunity to do that, but porter of that legislation. Not because it’s not the final say. They merely I thought it was the perfect bill, but powerful special interests, quite frankly, it’s very difficult for this institu- come forward with their recommended because I thought it gave us the tools cost savings and challenges the Con- and the potential to reform a health tion to act by itself in order to implement those cost savings. gress to come up with an alternative care system that was in desperate need cost savings. of reform, of putting things in place I find it a little bit humorous that my colleagues on the other side are so So, folks, this is gut-check time. This that could deliver better quality of is whether we are serious about trying care that is given for a better price, fearful of this payment advisory board making some decisions when it comes to bend the cost curve. Their plan and also increasing access to health in- would get rid of Medicare. It turns it surance throughout the country, and to to the rising health care costs when they feel perfectly comfortable turning into a private voucher and a voucher finally address the 52 million uninsured that’s inadequate to address the costs these decisions over to private insur- Americans that we have living in our that seniors face. They don’t reform ance companies who are motivated by own communities. the way health care is delivered. profit and trying to maximize their Yet the ultimate verdict on whether They’re not reforming how we pay for margin of gain by providing health health care reform works or fails for health care. They’re merely changing care coverage. I think that’s nonsen- everyone in this country is whether we who pays for health care under Medi- sical. can figure out creative ways of bring- care, and those costs are going to be Ultimately, if health care reform is ing down those costs in health care. shifted on the backs of our seniors. going to work, we have to change the One thing I do know under the health That’s no way of reforming a health way health care is delivered in this care reform bill that has been enacted care system that’s in need of reform, country so that it is more economical is that in my congressional district in that only address the Medicare portion in how we pay for it, so that it is value- western Wisconsin, this year alone within our budget. 4,200 young adults are able to stay on and not volume-based anymore. What we need to be working on and their parents’ health care plan; where- I come from an area of the country what the Affordable Care Act gives us as, before they couldn’t. What a relief with health care providers that have the tools to do is to reform the entire that has been to those families, mak- models of care that are highly inte- health care system, both public pro- ing sure that those kids, many of grated, they are very coordinated, they grams and private programs. And whom are in school, can stay on the are patient-focused, and they are pro- that’s something that we fundamen- family plan. ducing some of the best results in the tally have to do to get our economy Of the 5,800 seniors this year who Nation. Yet a Medicare recipient in La back on track, creating good-paying have fallen into the doughnut hole, Crosse, Wisconsin, receives on average jobs. Because if you just repeal it now, they are seeing a cost savings of rough- about $5,000 a year compared to $17,000 we go back to the status quo, which ly $610 apiece because of the 50 percent in Miami. Yet the results in La Crosse means more uninsured, higher costs, price discount they now get under this are much better than the results in and our businesses are less able to com- legislation. That’s not peanuts in west- Miami, and there are studies out there pete globally. I encourage my col- ern Wisconsin. There are 86,000 seniors showing there is over-utilization in the leagues to reject H.R. 5. now that are able to go and get preven- delivery of health care, which is driv- Mr. CAMP. I yield myself 15 seconds. tive care services without copays, ing up costs for everyone. I would just say that with regard to without deductibles, without out-of- The Acting CHAIR (Ms. HERRERA IPAB, the 15 unelected people ap- pocket expenses. We want them to go BEUTLER). The time of the gentleman pointed by the President, Congress in and get those tests so something has expired. can’t simply reject the IPAB findings. worse doesn’t happen to them, which Mr. LEVIN. I yield to the gentleman Congress has to reject and find those will inevitably drive up the cost for ev- 2 additional minutes. savings somewhere else within the pro- eryone in the Medicare system. b 1740 gram, unlike the Base Closure Commis- There are 15,000 small businesses in sion, which some Members have cited. western Wisconsin that now qualify for Mr. KIND. I thank the gentleman. And these are all people appointed by tax credits for providing health care to The studies show that one out of the President. their employees to make it more eco- every three health care dollars is going So with that, I would yield 2 minutes nomically feasible for them to do what to tests, they are going to procedures, to a distinguished member of the Ways they want to do, and that is provide they are going to things that don’t and Means Committee, the gentleman health care coverage for their workers. work. They’re not improving health from Minnesota (Mr. PAULSEN). That 35 percent tax credit goes up to 50 care. And oftentimes, because of the Mr. PAULSEN. I thank the gen- percent in 2014, when we’re able to over-utilization that patients are re- tleman for yielding. move forward on the creation of the ceiving, many of these patients are Madam Chair, the very foundation of health insurance exchanges. And 39,000 being left worse off rather than better our health care system is that relation- children in western Wisconsin who off. So we’ve got to reform the delivery ship between a patient and their doc- have a preexisting condition can no system, which the Affordable Care Act tor. But the President’s new health longer be denied healthcare coverage in puts in place. But ultimately, we have care law inserts government bureauc- their lives. to change the way we pay for health racy in the middle of that longstanding

VerDate Mar 15 2010 04:19 Mar 22, 2012 Jkt 019060 PO 00000 Frm 00044 Fmt 4634 Sfmt 0634 E:\CR\FM\K21MR7.084 H21MRPT1 jbell on DSK7SPTVN1PROD with HOUSE March 21, 2012 CONGRESSIONAL RECORD — HOUSE H1473 relationship. One clear example of this care. They would tell the senior or the it. But when all they offer us is nothing is the establishment of the Independent individual with disabilities, Go out and except vouchering Medicare for our Payment Advisory Board, this 15-mem- fish for insurance with this voucher. seniors and similar, I think we should ber board of unelected, unaccountable But they won’t find any fish biting, stick with the reform that we have bureaucrats who will soon have the au- though they will continue to be bitten until a better alternative is presented, thority to dictate our Nation’s Medi- with rising health care costs. That’s and that alternative is not being pre- care policy by effectively deciding why President Lyndon Johnson created sented tonight. what health care seniors can receive. Medicare in the first place, because pri- Republicans don’t have a plan to And since its inception, IPAB has been vate insurance companies weren’t in- make the hard decisions to lower the focus of vocal and sustained opposi- terested in covering the old and the in- health care costs. They just want our tion from doctors, physicians, and pa- firm. seniors, individuals with disabilities, tients because it does threaten to re- Today’s approach is the same ap- and families across America to pay duce beneficiaries’ access to treat- proach that Republicans took last year more so that they can preserve all ments and services that are included in when they had their signature accom- these tax breaks for the wealthiest and the Medicare program. plishment. Right in the first month of most economically successful people in Madam Chair, the repeal of IPAB has their takeover of this Congress, they our society and, for all of those cor- strong bipartisan support. Given the came out here with this page-and-a- porations that export jobs abroad, to widespread concern about the impact half bill that I call the ‘‘12 platitudes.’’ continue to provide them incentives to that IPAB will have to deny quality They repealed what they said they do just that. health care services, it’s no wonder didn’t like, and they came forward b 1750 that about 350 organizations that rep- with 12 lines of what they said they I believe that this bill should be re- resent veterans, seniors, employers would replace the Affordable Care Act jected just like their other repeal ef- small and large, as well as doctors and with. But all we’ve gotten since then forts until they come up and present on physicians and consumers in all 50 are bills that began after they did the the floor a better idea, and I don’t States, support its repeal. Although a total repeal—repealing individual sec- think they have one. They just have all majority of us here in Congress have tions, like school health care clinics, the retreads of the Bush-Cheney years. registered our concerns about IPAB like this proposal dealing with the Until then, I say stick with the Afford- and support its repeal, it is the Amer- question of health care costs. able Care Act. ican public, including many folks from We know they don’t like it. We know Mr. CAMP. I yield 2 minutes to a dis- my community, who remain the most they don’t like President Obama and tinguished member of the Ways and vocal about ending this program before anything that he is for. They tell us ev- Means Committee, the gentleman from erything that is wrong with the Afford- it is implemented. Illinois (Mr. ROSKAM). The American people have every rea- able Care Act, but they sure can’t come Mr. ROSKAM. Mr. Chairman, thank son to be worried about this IPAB up with a better idea that they have you for yielding. board. The unchecked powers of IPAB the courage to bring to a vote in the Madam Chairman, did you notice have been explained by my colleagues Ways and Means Committee or bring to something? The gentleman from Or- already at length. Simply put, IPAB is a vote on the floor of this House. It’s egon—and I took a note and I’m kind of a dangerous new government agency all about what they’re against, but paraphrasing, but he basically was ar- that will be made up of unelected bu- they haven’t brought any of the 12 guing from the other side of the aisle reaucrats with no oversight, no ac- platitudes that they approved last year that IPAB, this cost control board, will countability, and no recourse for sen- into a legislative form to deal with this basically never come into play as long iors to appeal any of IPAB’s decisions. issue of spiraling cost for our govern- as Congress does its job. During the The decision-making, the delibera- ment and families or to deal with any health care hearing that we had in the tions, the meetings that IPAB hold do other aspect in the Affordable Care Ways and Means Committee, the gen- not have to be held in public. Act. tleman from Wisconsin on the other Madam Chair, rather than endan- Now, I have to say, quite frankly, side of the aisle characterized IPAB as gering Medicare beneficiaries, we that I wish the Affordable Care Act a leap of faith, and now we just heard should be empowering them. Rather were as good as they think it is bad. from the gentleman from Texas who than making decisions behind closed It’s not. It is a compromise of a com- acknowledged it’s not the best solu- doors, we should be having these dis- promise—it has many inadequacies— tion, but let’s stick with it. cussions in public in our hearing rooms but compared to the Republican alter- Here’s the problem with sticking between doctors, patients, and con- native of doing nothing and compared with this failed solution, Madam Chair- sumers. Let’s do the right thing and to the broken health care system that man. They’re asking seniors to bear protect American seniors by repealing has wrecked so many American fami- the brunt of this. this overreaching provision. lies who are faced with a health care We had an expert witness, Madam Mr. LEVIN. I now yield 4 minutes to crisis, this approach is far superior. Chairman, who came into the Ways and the gentleman from Texas, a member This board’s opponents tell us that Means Committee, and I posed this of our committee, Mr. DOGGETT. Congress should be able to make all question to him. I said: There’s no ra- Mr. DOGGETT. I thank the gen- these decisions. Well, I’ve served on the tioning per se. It’s defined out of the tleman. Ways and Means Committee and on the bill, although it’s not defined in the Many an American family has been Health Subcommittee previously for a bill. But the bill says there can’t be ra- wrecked by soaring health care costs. number of years. I wish it could be so, tioning, but can there be per se ration- We know it’s been a leading cause of and I think we could play a more con- ing? In other words, if coverage is de- personal bankruptcy. We know that structive role. But, frankly, the his- nied based on cost, is that rationing? spiraling health care costs have been a tory is that Congress hasn’t done a And he said: Absolutely, Congress- leading cause of credit card debt, and very good job of controlling costs. man. now Republicans have continued their When we have taken steps to control So think about what the other side of sustained effort to wreck the Afford- costs, as we did with the $500 billion in the aisle is asking. Take a leap of faith, able Care Act. cost control that we put into the Af- a leap of blind faith, that somehow As we have been witnessing at the fordable Care Act that increases the Congress is going to come up with the same time that this debate is going on solvency, extends the solvency of the remedy and that seniors are not going within the Budget Committee, on Medicare trust fund by 12 years, all to be held at risk. which I also serve, the Republican plan we’ve gotten is attack and criticism The gentleman from Texas said that to end the guaranteed benefits of Medi- from them for the steps that we took we’re only here criticizing things. Let care, they think that our seniors pay that did limit cost. me tell him, Madam Chairman, what too little, so they offer a voucher plan So I don’t view this aspect of the Af- we are for. that would result in our seniors having fordable Care Act as necessarily the We’re for the repeal of IPAB. We’re to pay much more for their health best way to do it or the only way to do for the repeal of something that is

VerDate Mar 15 2010 04:19 Mar 22, 2012 Jkt 019060 PO 00000 Frm 00045 Fmt 4634 Sfmt 0634 E:\CR\FM\K21MR7.085 H21MRPT1 jbell on DSK7SPTVN1PROD with HOUSE H1474 CONGRESSIONAL RECORD — HOUSE March 21, 2012 going to put such downward pressures Independent Payment Advisory Board, provide health insurance to their em- on seniors, it will make people’s heads which the Congressional Budget Office ployees get a significant tax cut, where spin. What we’ve got to do is make sure says, based on current cost perform- is their replacement? that we put remedies in place that em- ance, would have no role for at least 10 There’s a saying that our friend from power seniors, that create patient-cen- years. Texas says about being all hat and no tered health care and don’t deny care So we hear all these things about horse. The majority is all repeal and no and put more out-of-pocket costs on these unelected bureaucrats making replace. the backs of seniors. decisions. I would say, Madam Chair So this is yet another example of a We can’t repeal this thing fast and fellow House Members, consider debate that’s tired, worn out, and seen enough. We need to vote ‘‘aye’’ and get the source. its day. The Affordable Care Act is this done. Two years ago, we heard that every- helping improve the lives of Ameri- Mr. LEVIN. It’s curious. You’re talk- one in America would be in a govern- cans. An empty political debate like ing about, according to CBO, a board ment-run health plan if the Affordable this one isn’t, and certainly ending the whose operation would be triggered in Care Act passed. It hasn’t happened. Medicare guarantee, as the Repub- 2022. You come here and scare people. Two years ago, we heard that every licans will try to do in 8 days, is the It doesn’t work. You talk about ration- small business in America would be wrong way to go, and so is this bill. ing. You’re talking about an operation forced to buy unaffordable health in- b 1800 10 years from now. surance for their employees. It hasn’t Right now, health care is being ra- happened. Mr. CAMP. I yield myself 30 seconds. tioned. You have 50-plus million people Two years ago, we heard that every I would just say to my friend from who have no insurance, 50-plus million American family would have to bear a New Jersey who says ‘‘consider the people who have no insurance at all, crushing tax increase because of the source’’—and the source is the Amer- and you haven’t come up with a bill Affordable Care Act. It hasn’t hap- ican people—73 percent have expressed that would address that. pened. concern that the Medicare cuts rec- I am proud to yield 4 minutes to the Two years ago, we heard there would ommended by IPAB would not only go be drastic cuts in benefits to Medicare gentleman from New Jersey (Mr. AN- into effect without congressional ap- beneficiaries because of the Affordable DREWS), who has been so key in the proval, but would also hurt their abil- health care debates. Care Act. Not only has it not happened, ity to get the Medicare services they (Mr. ANDREWS asked and was given benefits have increased. Seniors pay a need. permission to revise and extend his re- lower share of their prescription drug Let me just say I hear from my marks.) costs and Medicare pays more. Seniors friends on the other side how impor- Mr. ANDREWS. I thank my friend for have access to annual preventive tant IPAB is to the integrity of Medi- yielding and for his compliment. checkups without copays and care. It is not effective until 2022. And When our mothers and fathers go to deductibles. It hasn’t happened. let me just say with regard to the the doctor or the hospital, we want to Finally, lest we forget, those who say Medicare cuts that are in your health be sure they get the best health care the IPAB is such a virulent threat to care bill, most of them don’t take place that can possibly be delivered and that Medicare and said there were death until 2014. And I would just say that their doctor and their family think panels in the Affordable Care Act, our health care bill included provisions they ought to get; and that health care where are they? Can anyone on the that covered preexisting conditions, in- should never be subject to the strategic other side point to one person who has cluded many of the provisions the gen- plan of any insurance company or the gone before a government committee tleman mentioned, and we did it with- whims of the marketplace. and been denied health care since the out a tax increase, and we did it as the Because it is not profitable, as a gen- Affordable Care Act and as a result of only health care bill that was scored by eral rule, to take care of the aged and that act? the Congressional Budget Office as de- the infirm, President Johnson and this The Acting CHAIR. The time of the creasing premiums for American citi- Congress, in 1965, created the Medicare gentleman has expired. zens. Mr. LEVIN. I yield the gentleman 2 guarantee, and they guaranteed that With that, I yield 2 minutes to a dis- additional minutes. tinguished member of the Ways and our seniors and people with disability Mr. ANDREWS. It is a fiction—it is a Means Committee, the gentlewoman would get the care they need irrespec- distortion—and here we are at it again. tive of the whims of the marketplace. Now, in the first 2 weeks of their ma- from Tennessee (Mrs. BLACK). The majority brings this bill to the jority, the majority came here and Mrs. BLACK. Let’s, first of all, start floor today because they raise fears made a promise to the American peo- with the simple fact that no one in this about what might happen to the Medi- ple. They said: Yes, we’re going to try room can deny, and that is there are care guarantee 10 years from now. to repeal the Affordable Care Act, but 10,000 baby boomers that are added to There is a very important question then we’re going to replace the Afford- the rolls each day. Medicare’s expo- about Medicare before this Congress, able Care Act. It was repeal and re- nential growth will cause the program but it’s coming about 8 days from now, place. to go bankrupt in 10 years. The Con- not 10 years from now, when the major- We’ve had the repeal as a recurring gressional Budget Office and the Medi- ity will bring yet another budget that scenario on the floor. This is just an- care and Medicaid trustees have been systematically unravels and ends the other chapter in it. Where’s the re- ringing these alarm bells about Medi- Medicare guarantee. place? care’s dwindling finances, and we must Call it what they will, when you have For the provision that says that peo- act now. a system where the healthiest and the ple 26 and under can stay on their par- Over 46 million Americans rely on most prosperous and, in some cases, ents’ plans, if you repeal the Affordable Medicare for their health care, and the youngest retirees can opt into a Care Act, where is your bill to replace something must be done soon to save private insurance system, those that it? this program for future generations. will be left in regular Medicare will be For the provision that says that no Unfortunately, the President’s budget the aged and the infirm and the poor. person can be denied health insurance proposal failed to address Medicare’s Medicare will then go the way of Med- or charged more for it if they’re dia- grim future. Instead, what we have on icaid, which their budget cuts by near- betic or if they have breast cancer or the law books now is a 15-member ly 40 percent, according to some esti- asthma, where is their replacement? board that is charged with cutting mates. For the provision that says that sen- costs and denying care to our seniors. Frankly, as a diversion from the real iors who fall into the doughnut hole The Independent Payment Advisory threat to Medicare, which is yet an- get significantly greater help in paying Board established in the health care other Republican budget coming to for their prescription drugs, where is law would cut physician payment this floor 8 days from now that will end their replacement? rates, forcing many doctors to stop see- the Medicare guarantee, we now have a For the provision that says that ing Medicare patients. This board series of wild accusations about the small business people who voluntarily makes senior care harder to access and

VerDate Mar 15 2010 04:19 Mar 22, 2012 Jkt 019060 PO 00000 Frm 00046 Fmt 4634 Sfmt 0634 E:\CR\FM\K21MR7.087 H21MRPT1 jbell on DSK7SPTVN1PROD with HOUSE March 21, 2012 CONGRESSIONAL RECORD — HOUSE H1475 puts bureaucrats between the patients wrong with the cuts. Obviously, he gap. And women will be able to com- and their doctors. would contradict that point. Every dol- parison shop when choosing health Now, it’s been said here today there’s lar of the cuts in the Affordable Care plans for their families. Family care- not another plan. Let me correct that. Act have been embraced, supported and givers, who are typically women, will There is another way. As a matter of voted for by the Republican majority benefit from new supports that help fact, there is a bipartisan way. The for which you deserve credit. them care for their loved ones while plan for Medicare that is a bipartisan Mr. CAMP. I yield 2 minutes to a dis- also taking care of themselves. proposal does three things. It does not tinguished Member from Mississippi Madam Chair, as a son, as a father, make any changes for those at or near (Mr. NUNNELEE). and as an American, I strongly support retirement, it offers guaranteed cov- Mr. NUNNELEE. Madam Chair, I the ACA and its improvements to erage options to seniors regardless of thank the chairman for his leadership health care for everyone, especially their preexisting conditions or health in this area. I thank you for yielding. women. Dismantling the act, whether history, and it is financed by a pre- I find it fascinating as I listen to the through immediate repeal, lawsuits, or mium-support payment that’s adjusted debate that even while discussion is piece by piece, means losing those im- to provide additional financial assist- going on on the budget, we’re hearing provements, and that is unacceptable. ance to those who are low-income and accusations that say Republicans want b 1810 to end Medicare. In reality, 2 years ago less-healthy seniors, and more wealthy Mr. CAMP. Madam Chairman, I yield seniors will pay. when the national health care bill 21⁄2 minutes to a distinguished member So the choice is clear: we can con- passed, that ended Medicare as we of the Ways and Means Committee, the know it. That cut half a trillion dollars tinue to stick our heads in the sand gentleman from Washington State (Mr. and go on with a program that takes out of Medicare spending. That put in REICHERT). away choice for our seniors, limits place this unelected group of bureau- Mr. REICHERT. Madam Chair, 2 their care and supports the status quo, crats that will make health care deci- years ago, the President’s massive or we can improve a plan to save Medi- sions for seniors. health care plan came before us, and And I hear this afternoon suggestions care and provide more choice. For me, then-Speaker PELOSI said we had to the choice is clear. that say, well, it may not even go in ef- pass this bill to find out what was in it. Mr. LEVIN. Let me just say it is fect for 10 years; let’s wait and see. Well, you know what? We’re finding strange to say you save something by Well, we have a saying in Mississippi: out what’s in this bill. destroying it. That is 1984 in 2012. Do you know when is the best time to In the last 2 years, we’ve had 47 com- I now yield 2 minutes to the gen- kill a snake? That’s the first time you mittee hearings in six different com- tleman from New Jersey. see it. This IPAB is a snake, and the mittees. We’ve taken 25 floor votes to (Mr. ANDREWS asked and was given best time to kill it is today. The club repeal, defund, or dismantle harmful permission to revise and extend his re- and the vehicle by which we’ll kill it is elements of this massive $1 trillion, marks.) this bill, and that’s why I’m going to 2,000-page government takeover of our Mr. ANDREWS. I thank my friend vote for it, and I urge all of my col- Nation’s health care system. We’re from Michigan for yielding, and I want leagues to do the same. finding out what’s in this bill. to comment on something, Madam Mr. LEVIN. It is now my privilege to We’ve already repealed the 1099 re- Chair, that my dear friend from Michi- yield 3 minutes to the distinguished quirement with bipartisan support. gan, the chair of the Ways and Means gentleman from Missouri (Mr. CLAY). We’ve already repealed the CLASS Act Committee, said. As has become part of Mr. CLAY. I thank the gentleman with bipartisan support. Now we’re the Republican catechism, he talked from Michigan for yielding. awaiting the Supreme Court’s decision about the so-called Medicare cuts that Madam Chair, my friends on the on whether the individual mandate is were in the Affordable Care Act. It is other side of the aisle want to repeal constitutional. correct that in the Affordable Care Act the Affordable Care Act. Since I think the public is now beginning we reduced Medicare spending by $495 straight-out repeal didn’t work, they to learn a little bit about this bill billion by cutting corporate welfare to are trying to dismantle it bit by bit. I’d themselves. I think they know there is insurance companies, by cutting over- like to focus on the effects of the ACA, a 3.8 percent tax on small businesses, payments to medical equipment sup- or the Affordable Care Act, on women’s our job creators. There’s another 2.3 pliers, and cracking down on fraud and health. percent tax on medical devices—wheel- abuse of the Medicare program. The The ACA is the greatest improve- chairs for our seniors, hearing aids for majority must agree with these ideas ment for women’s health in decades. our disabled folks. These are things because in the budget they are mark- The health care needs of women are that are in this bill. There’s a 40 per- ing up today in the Budget Committee, greater. Historically, women have cent tax on your health care plans. every penny of that $495 billion in sav- played a central role in coordinating Now they keep telling us, too, that if ings is included in the majority’s budg- health care for family members. Here you like your health care plan, you can et. The majority must agree with these are just some of the ways that the keep it. Well, President Obama, him- savings, and I commend them for it, be- ACA, a bill that I am proud to have self, said, you know, there may have cause the budget resolution that passed helped pass, will improve women’s been some language snuck into this bill here last year that essentially every health: that runs contrary to that premise. member of the majority voted for in- Women will not have to pay more Who do we believe here? What do we cluded every penny of that $495 billion than men for the same insurance poli- believe? in savings. cies. Imagine that. Women will not be Here we are again. One more thing to So I would ask my friends on the denied coverage because they are sick add to the list of what we’re finding other side that if they’re so in objec- or have preexisting conditions. Oh, out, IPAB, the Independent Payment tion to those cuts, why did you vote for that’s an improvement. Women will be Advisory Board. This unelected board them last year? And why are they in guaranteed preventive services with no makes decisions and gives rec- your budget this year? I would be deductibles or co-pays. More low-in- ommendations to Congress for cutting happy to yield. come women will have timely access to Medicare payments. So this panel of Mr. CAMP. Since the gentleman has family-planning services. Wow, miracle unelected bureaucrats unilaterally de- asked, we are using those dollars to of miracles. Nursing mothers will have cides what kind of care is now avail- protect the Medicare program. You the right to a reasonable break time able and allowable to our seniors, to used those dollars to create a new enti- and a place to express breast milk at our veterans, and to our Americans tlement which we can’t afford. work. Pregnant and parenting women with disabilities—not doctors, not Mr. ANDREWS. Reclaiming my time. on Medicaid will get access to needed nurses, not anybody who has medical Mr. CAMP. Certainly you would re- services. That would be an improve- or scientific training. These are bu- claim your time. ment. Senior women will save thou- reaucrats. Mr. ANDREWS. Because the gentle- sands of dollars as reform closes the Just what we need, more bureau- man’s point was there was something Medicare prescription drug coverage crats.

VerDate Mar 15 2010 04:19 Mar 22, 2012 Jkt 019060 PO 00000 Frm 00047 Fmt 4634 Sfmt 0634 E:\CR\FM\K21MR7.089 H21MRPT1 jbell on DSK7SPTVN1PROD with HOUSE H1476 CONGRESSIONAL RECORD — HOUSE March 21, 2012 If we don’t vote to repeal this provi- not repealed, will someday see her that—that will wield enormous power, sion, a gang of 15 unelected bureau- treatments limited by these unelected and there are no checks and balances crats will have the ability to cause bureaucrats. Our Democratic friends in place to ensure that authority is cuts to Medicare payments without say, We’re not rationing, because the being used appropriately. This abdi- anyone else’s input. government will not actually say ‘‘no’’ cates Congress’ responsibility, and it The Acting CHAIR. The time of the to a senior who needs care. They just threatens care for our Nation’s seniors. gentleman has expired. won’t reimburse the doctor or the local Make no mistake that IPAB must be Mr. CAMP. I yield the gentleman an hospital or the local hospice care to repealed. We don’t need a medical IRS. additional 30 seconds. take care of them. The second part of this legislation is Mr. REICHERT. So this rationing I don’t know what you call that, but going to reform our medical liability board will threaten seniors’ access to I call that rationing. system. Across our country, our med- care in secret. There is absolutely no The Acting CHAIR. The time of the ical profession has practiced defensive requirement for openness or trans- gentleman has expired. medicine out of fear of frivolous law- parency or for those bureaucrats to Mr. CAMP. I yield the gentleman an suits. This not only drives up health hold public meetings or consider input additional 30 seconds. care costs, but it creates serious doctor on its proposals. The IPAB, this board Mr. BRADY of Texas. I thank the recruitment and retention problems, of bureaucrats, is unaccountable; it’s chairman. I will be very brief. especially in the so-called ‘‘high-risk’’ secretive and threatens patients’ care. This board has unlimited power to disciplines such as orthopedics, neuro- Mr. LEVIN. I yield myself such time slash even more than that, and Con- surgery, emergency medicine, and ob- as I may consume. gress is virtually powerless to stop it. stetrics. We’re talking about a board whose This is America. We don’t allow these operations trigger, according to CBO, The Acting CHAIR. The time of the bureaucrats to make these life-or- gentleman has expired. 10 years from now. death decisions. Republicans in this I just want to say to those who say Mr. CAMP. I yield the gentleman an House are going to repeal this dan- it’s unaccountable: Every one of their additional 15 seconds. gerous bureaucracy, and we are, when recommendations will come before the Mr. DENT. This medical liability cri- we get a chance, replacing it with af- Congress of the United States, every sis has had serious implications in my fordable health care for America. single one. What’s unaccountable are State of Pennsylvania. It’s time we act Mr. LEVIN. No. What the Repub- the statements that are made on this on this issue. licans would do would be to send the floor that are not true. I live in a State where we train a lot I reserve the balance of my time. decisions already there in large meas- of doctors, but we can’t retain them Mr. CAMP. Madam Chairman, I yield ure to insurance companies. and we can’t recruit them. It’s a very 2 minutes to a distinguished member of I reserve the balance of my time. serious problem for us. the Ways and Means Committee, the Mr. CAMP. Madam Chairman, I yield It’s time we pass this legislation. 2 minutes to the distinguished gen- gentleman from Texas (Mr. BRADY). We’ll say more about medical liability Mr. BRADY of Texas. Madam Chair- tleman from Pennsylvania (Mr. DENT). tomorrow in the amendment process. man, many Members of Congress didn’t Mr. DENT. Madam Chairman, the bill Support the legislation. have the time or the choice to read this we’re considering today, H.R. 5, the Mr. LEVIN. I reserve the balance of new health care law before it became Protecting Access to Healthcare Act, my time. law. After it was passed, I asked our or PATH, is about patient access to Mr. CAMP. Madam Chairman, I yield economists of the Joint Economic care, plain and simple. 2 minutes to a distinguished member of Committee—they spent 4 months going In the months leading up to the pas- the Ways and Means Committee, the through every page and provision of sage of the health care law and since gentleman from Louisiana, Dr. BOU- this new law—to show the American the law was enacted, Congress has STANY. spent countless hours talking about public just what this new health care b 1820 takeover looked like. They went the need to increase access to health through all 2,300 pages of the bill, and care. The health care law signed nearly Mr. BOUSTANY. I thank the chair- this is what the new health care law in 2 years ago was the wrong direction for man of the full committee for yielding America looks like—well, actually, not our country and for our citizens, and it time to me. completely. We could only fit one-third will negatively impact access to care. I had a great career as a cardiac sur- of all that new bureaucracy on one The two issues that we’re going to geon in treating thousands of Medicare page. address here today in this legislation— patients in my career. And my career Here are the physicians, over in that repealing the Independent Payment ended prematurely because of a dis- corner are the patients, and in between Advisory Board, or IPAB, and enacting ability. are 159 new Federal agencies and bu- meaningful medical liability reforms— But I learned something a long time reaucrats in between you and your doc- are key to ensuring that all Americans ago from my father, who’s a family tor. have access to quality care. doctor, who went before me, who We can do better for the American Now, as to the first piece of this leg- taught me about the art of medicine. public than this horrible health care islation, the IPAB, the Independent And the most important thing he law, and we’re doing that today. Payment Advisory Board, let’s be very taught me, despite all the technology Today, we’re going to take on—this clear: nothing about these advisory we have, is that trust in the doctor-pa- chart, the way it works, everything in rulings are advisory. Good luck to any- tient relationship is the most impor- dark blue is a new expansion of govern- body; good luck if you try to ignore the tant thing, the most important founda- ment; everything in orange, potential advice of the IPAB. It’s going to be tion of good health care, high quality rationing boards; everything in green more like a medical IRS than an advi- health care. is $1 trillion of new tax increases or sory panel. Look at this chart. What’s wrong slashing cuts to Medicare. All the light Let’s be clear: the very purpose of with this? blue provisions deal with expansion of this IPAB is to save money by restrict- Clearly, you could see all the bureau- government into the free market. ing access to health care for Medicare cratic entities. But where’s the doctor, But today, we’re going to act. We’re beneficiaries. It will achieve these sav- and where’s the patient? not going to wait. We’re going to act to ings by ratcheting down payments to The doctor is down here in the cor- repeal one of the key rationing boards. providers who are already underpaid by ner, and I think way off in the other This Independent Payment Advisory Medicare. This will lead to fewer doc- corner are the patients. So all this Board, you’ve heard today, 15 unelected tors who are willing to see Medicare stuff in the middle is what undermines bureaucrats, will make life-or-death beneficiaries, and, undeniably, this will the trust in the doctor-patient rela- decisions about treatment in the fu- lead to delays and denials of care. tionship. ture. This board, as has been said many Now, we had Health and Human Serv- My mom is one of those Medicare times, is made up of 15 unelected bu- ices Secretary Kathleen Sebelius in seniors who I have no doubt, if this is reaucrats—and unaccountable ones at front of our committee recently, and

VerDate Mar 15 2010 04:19 Mar 22, 2012 Jkt 019060 PO 00000 Frm 00048 Fmt 4634 Sfmt 0634 E:\CR\FM\K21MR7.091 H21MRPT1 jbell on DSK7SPTVN1PROD with HOUSE March 21, 2012 CONGRESSIONAL RECORD — HOUSE H1477 we were asking about this Independent care physicians, for family physicians. be made by patients and doctors is un- Payment Advisory Board. We asked the That’s what we need. That’s what we acceptable, and this IPAB must be re- question about rationing, and what need. pealed. came out was, number one, there’s no And to come here and raise the spec- It was 2 years ago that we passed this definition of rationing in the statute, ter that this bill is going to diminish government takeover of health care so the Department will have to write it, when its major purpose, among oth- into law. It’s important to note that rules. And she admitted in com- ers, is to increase the availability, to the first act of this Congress in Janu- mittee—very tacitly but effectively ad- have a linkage between the patient and ary 2011 was a full repeal of mitted—that they’re not going to be the specialty care— ObamaCare. able to write rules that can actually Mr. BOUSTANY. Will the gentleman The Acting CHAIR. The time of the protect seniors from IPAB. yield for one more point? gentleman has expired. Even the left-leaning Kaiser Family Mr. LEVIN. I yield to the gentleman. Mr. CAMP. I yield the gentleman an Foundation admits, IPAB must issue Mr. BOUSTANY. We have a severe additional 30 seconds. cuts to meet spending targets ‘‘even if shortage in cardiothoracic surgeons, in Mr. PENCE. I thank the gentleman. You’ll never convince me that the evidence of access or quality concerns neurosurgeons, other key specialists Federal Government, under the Con- surfaced.’’ AARP warns IPAB’s Medi- that are very essential for the care of stitution, has the authority to order care cuts ‘‘could have a negative im- Medicare patients, and it’s getting the American people to buy health in- pact on access to care.’’ worse. We need both primary care and surance whether they want it or need Both of those are really understate- specialty physicians to deal with this it, or not. My hope is that in the days ments. According to Medicare’s own patient population. It’s getting worse. ahead, the Supreme Court will come to actuaries, Medicare physician pay- The Acting CHAIR. The time of the gentleman has again expired. that conclusion. ments could fall to less than half of I believe we must not rest, we must projected Medicaid rates under current Mr. LEVIN. I yield myself an additional 30 seconds. not relent until we repeal ObamaCare, law. lock, stock and barrel. But, for now, The Acting CHAIR. The time of the Look, we need to address it, but de- let’s take the path that is before us. gentleman has expired. stroying Medicare is not the way to ad- Let’s pass the Protecting Access to Mr. CAMP. I yield the gentleman an dress it. That’s what you do. You de- Healthcare Act, and let’s repeal this additional 15 seconds. stroy it. You destroy it when you say onerous Independent Payment Advi- Mr. BOUSTANY. We won’t control you’re saving it. sory Board once and for all. costs by cutting Medicare provider re- I reserve the balance of my time. Mr. LEVIN. I yield myself the bal- imbursements below the cost of pro- Mr. CAMP. I yield 2 minutes to the ance of my time. distinguished gentleman from Indiana viding care. And if left on the books, Look, the Supreme Court will be (Mr. PENCE). IPAB will endanger the lives of seniors hearing the case about the individual (Mr. PENCE asked and was given per- and delay access to providers. It’s very mandate next week, and I don’t think mission to revise and extend his re- clear. we want to argue this now. We don’t marks.) This undermines the doctor-patient have any judges here. relationship. It undermines trust in Mr. PENCE. I thank the chairman for But let me say, on the individual our health care system. It undermines yielding. mandate, it really is ironical that the quality, and we will not control costs I rise today in support of the Pro- more conservative, apparently, you with IPAB. That’s why we must repeal tecting Access to Healthcare Act. This are, the more you dislike the indi- it. bill will take an important step for- vidual mandate, when the individual Mr. LEVIN. I yield myself 1 minute. ward in dismantling the government mandate was the central point within The present system doesn’t have takeover of health care that was passed the health care reform proposal of con- enough primary care. I know from my by this body some 2 years ago. servatives in this country several dec- The PATH Act essentially would re- own experience that there’s a lack of ades ago. It was their central point in peal the Independent Payment Advi- family physicians and primary care the eighties and in the nineties. And sory Board included in ObamaCare, and physicians. The Affordable Care Act now they’ve reversed course and claim, I strongly support it. strengthens that program, will I guess, what they proposed in the sev- Now, quite frankly, the IPAB that is strengthen the relationship between enties and eighties was constitutional the acronym that’s been used often on the physician and the patient. And for then is unconstitutional today. Talk the floor in this debate is probably anybody to come here and scare pa- about a flip-flop. That is, I think, something that most Americans are tients and seniors into thinking that maybe an unconstitutional flip-flop, unfamiliar with. But they deserve to there is some kind of a wall that will but the Court will decide that. be replaced is really not true. know that buried in section 3403 of Mr. BOUSTANY. Will the gentleman ObamaCare, there’s a powerful board of b 1830 yield? unelected bureaucrats, this so-called Let me just say a word about cost Mr. LEVIN. I yield to the gentleman. Independent Payment Advisory Board, containment and the importance of our Mr. BOUSTANY. We have a severe whose sole job will be to save money by addressing that and the importance of shortage of physicians in this country restricting access to health care for our reforming the present system, how today, and it’s getting worse, worse by Medicare beneficiaries. That’s the pur- we reimburse the fee-for-service sys- the month and by the year. And as a pose of IPAB. tem. I don’t think it’s been noticed physician who stays close to the physi- IPAB is required to achieve specific that, in addition to IPAB, ACA has a cian community around this country, I savings in years where Medicare spend- number of provisions that will go into am hearing all kinds of stories about ing is deemed to be too high. It will effect long before IPAB could become physicians nearing retirement moving lead, inexorably, to rationing. It will operational. Those systems are begin- up that retirement date. We’re seeing take medical decisions out of the hands ning to work. fewer people going to medical school. of doctors and patients, and it will re- For conservatives who talk about the All of this is creating a major disrup- duce patient choice, unambiguously. importance of cost containment, they tion in our health care system. Furthermore, ObamaCare doesn’t want to repeal an act that has within it The Acting CHAIR. The time of the even require that IPAB do all of this in not only the seeds of cost containment, gentleman has expired. the public domain. There’s no require- but the instrumentalities of it. In fact, Mr. LEVIN. I yield myself an addi- ment that IPAB hold public meetings they’re beginning to work well enough. tional 1 minute. or hearings, consider public input on That’s why CBO says that it’s going to Look, I respect that. But the primary its proposal, or make its deliberations be 10 years before IPAB is triggered. fact, the basic fact is that the Afford- open to the public. So, those who come here who claim able Care Act addresses this issue more Unaccountable Washington bureau- to be concerned about cost contain- effectively than has been addressed be- crats meeting behind closed doors to ment essentially are undermining their fore. There is more money for primary make unilateral decisions that should own position.

VerDate Mar 15 2010 04:19 Mar 22, 2012 Jkt 019060 PO 00000 Frm 00049 Fmt 4634 Sfmt 0634 E:\CR\FM\K21MR7.093 H21MRPT1 jbell on DSK7SPTVN1PROD with HOUSE H1478 CONGRESSIONAL RECORD — HOUSE March 21, 2012 Well, this is act one of the Repub- rates for certain procedures or for serv- By incorporating California’s time- lican three-act play. ices that they deem unnecessary. They tested reforms at the Federal level, the The second is to eliminate health can cut those rates so low that physi- HEALTH Act saves taxpayers billions care reform altogether, and the third is cians will no longer be able to offer of dollars, encourages health care pro- to take away Medicare. those services. That’s pretty clearly viders to maintain their practices, and I want to close reporting the views of the ability to ration. reduces health care costs for patients. AARP in terms of the Ryan budget pro- We have had countless physician It especially helps traditionally under- posal. It says: groups warn us about the IPAB. served rural and inner-city commu- It lacks balance, jeopardizes the health and They’re warning us that these cuts will nities and women who seek obstetrics economic security of older Americans. A force them to stop seeing Medicare pa- care. number of proposals in this budget put at tients, and the real problem is, because The reforms in H.R. 5 include a risk millions of individuals by prioritizing TRICARE reimbursement rates are $250,000 cap on noneconomic damages budget caps and cuts over the impact on peo- tied directly to Medicare, that will and limits on the contingency fees law- ple. have health care for our military per- yers can charge, and it allows courts to Those who talk about the cap that sonnel negatively impacted by the require periodic payments for future would essentially be within the struc- IPAB as well. damages in order to ensure that in- ture of IPAB’s operation, that proposed The Democrats gave IPAB blanket jured patients receive all of the dam- cut is less than in the Ryan budget, authority to operate in secret. There is ages they are awarded without bank- which would be more severe, and essen- no requirement that their delibera- rupting the defendant. tially the implementation would be by tions, their reasonings for their conclu- The HEALTH Act also includes pro- insurance companies who are nameless, sions must be made public. Also, the visions that create a fair share rule by who are unaccountable. health care bill states directly that which damages are allocated fairly in So let me continue with another IPAB, and I’m quoting here, ‘‘may ac- direct proportion to fault, and it pro- quote from the AARP: cept, use, and dispose of gifts or dona- vides reasonable guidelines on the By creating the premium support system tions of services or property.’’ That’s award of punitive damages. for Medicare beneficiaries, the proposal is not a very subtle invitation for lobby- The HEALTH Act allows for the pay- likely to simply increase costs for bene- ists and others with interests in issues ment of 100 percent of plaintiffs’ eco- ficiaries while removing Medicare’s promise nomic losses. These unlimited eco- of secure health coverage—a guarantee the before the Congress to impact these future seniors have contributed to through a unelected and unaccountable IPAB nomic damages include all their med- lifetime of hard work. members with cash, with gifts, with ical costs, their lost wages, their future The premium support method described in other items. lost wages, rehabilitation costs, and the proposal, unlike private plan options So not only do they have enormous any other economic out-of-pocket loss that currently exist in Medicare, would like- power that if the Congress can’t over- suffered as a result of a health care in- ly ‘price out’ traditional Medicare as a via- ride automatically becomes law. But jury. ble option, thus rendering the choice of tra- they have the ability to do it in secret, The HEALTH Act also does not pre- ditional Medicare as a false promise. and the legislation states directly that empt any State law that otherwise So this is what I think we should do they can accept gifts and donations. caps damages. in terms of this three-act play of the So this is a troubling piece of This bill is a commonsense and con- House Republicans. That is to start by ObamaCare that we need to repeal, and stitutional approach to reducing the rejecting act one, this repeal of IPAB. I urge my members to vote for repeal cost of health care. This may be a vote, but it’s not going of this. Whereas, the HEALTH Act allows to be an act. I yield back the balance of my time. doctors to freely practice nationwide, I finish with this. In a sense, you are Mr. SMITH of Texas. Madam Chair- the ObamaCare individual mandate acting because this isn’t going to be- woman, I yield myself such time as I dictates that all people buy a par- come law. You have not come up in all may consume. ticular product, whether they want it of these months with a comprehensive Madam Chairwoman, America’s med- or not. alternative to the Affordable Care Act. ical liability system is broken and in Unlike ObamaCare, the HEALTH Act There’s not been a comprehensive bill desperate need of reform. saves the American taxpayers money. put forth. We haven’t voted on a com- The Congressional Budget Office re- prehensive bill in these days on the b 1840 cently determined that the President’s Ways and Means Committee. Instead, Frivolous lawsuits drive physicians health care law will cost almost double there has a piece-by-piece effort to dis- out of the practice of medicine. Limit- its original $900 billion price tag. An- mantle what was health care reform to less liability discourages others from other CBO report estimates that pre- address a serious situation, including high-risk medical specialties and sub- miums for medical malpractice insur- over 50 million people who go to sleep stantially increases the cost of health ance ultimately would be an average of every night without health care cov- care. 25 percent to 30 percent below what erage in the United States of America. The solutions to this crisis are both they would be under current law. These We should be ashamed of that. We well known and time tested, but the are just a few reasons why organiza- should be ashamed. A couple years ago, President’s recent health care legisla- tions like Americans for Tax Reform we acted to lift that shame off of the tion did nothing to address the prob- support this legislation. shoulders of all of us in the United lems in our medical liability system. The HEALTH Act also reduces the States of America. We cannot wait any longer to fix the cost of health care as it decreases the I urge we vote ‘‘no’’ on this bill. problem. We should pass this bipar- waste in our system caused by defen- I yield back the balance of my time. tisan medical liability reform legisla- sive medicine. This practice occurs Mr. CAMP. Madam Chairman, I yield tion to cut health care costs, spur med- when doctors are forced by the threat myself the balance of my time. ical investment, create jobs, and in- of lawsuits to conduct tests and pre- Nearly 70 percent of seniors are wor- crease access to health care for all scribe drugs that are not medically re- ried that IPAB will limit their Medi- Americans. quired. care choices and the coverage that’s H.R. 5, the HEALTH Act, is modeled According to a Harvard University available to them under Medicare. I after California’s decades-old and high- study, 40 percent of medical mal- think this is the most troubling part of ly successful health care litigation re- practice lawsuits filed in the United the health care law that the Democrats form. According to the National Asso- States lack evidence of medical error rammed through the Congress, and ciation of Insurance Commissioners, or any actual patient injury. That’s 40 that is because this secret rationing the rate of increase in medical profes- percent. Many of these suits amount to board is given enormous power with no sional liability premiums in California legalized extortion of doctors and hos- accountability. since 1976 has been nearly three times pitals. But because there are so many The 15 unelected board members of lower than the rate of increase experi- lawsuits, doctors are forced to conduct IPAB are free to cut reimbursement enced in other States. medical tests simply to avoid a lawsuit

VerDate Mar 15 2010 04:19 Mar 22, 2012 Jkt 019060 PO 00000 Frm 00050 Fmt 4634 Sfmt 0634 E:\CR\FM\K21MR7.095 H21MRPT1 jbell on DSK7SPTVN1PROD with HOUSE March 21, 2012 CONGRESSIONAL RECORD — HOUSE H1479 in which lawyers claim not everything Rolling back these cost-cutting measures It raises serious federalism concerns and possible was done for the patient. This will cost the Federal Government money, and overturns the law in all 50 states. And it huts wasteful defensive medicine adds to so to pay for this costly repeal, the Majority real people with real injuries, blocks them from our health care costs without improv- has offered up the same tired old medical mal- the courts and limits their rights to legal re- ing the quality of patient care. practice proposals they have been pushing for dress, all in the name of a dangerous, unnec- In his 2011 State of the Union ad- the last two decades. In fact, this is the four- essary, and unfair theory about malpractice li- dress, President Obama said: teenth time that the full House will have con- ability. I’m willing to look at other ideas to bring sidered this measure since 1995. It wasn’t a I urge my colleagues to reject this anti-pa- down costs, including one that Republicans good idea 20 years ago, and it isn’t a good tient, anti-victim legislation. suggested last year: medical malpractice re- idea today. Madam Chair, I reserve the balance form to rein in frivolous lawsuits. Rather than helping doctors and victims, the of my time. Let’s help the President keep his bill before us represents a windfall for the Mr. SMITH of Texas. Madam Chair- word and put this legislation on his health care business. It pads the pockets of woman, I yield such time as he may desk. insurance companies, HMOs, and the manu- consume to the gentleman from Cali- Madam Chairwoman, I reserve the facturers and distributors of defective medical fornia (Mr. LUNGREN), who is the chair- balance of my time. products and pharmaceuticals. And it does so man of the House Administration Com- Mr. CONYERS. Madam Chair, I yield at the expense of innocent victims—particu- mittee and a senior member of the Ju- myself such time as I may consume. larly women, children, the elderly, and the Ladies and gentlemen of the House, diciary Committee. poor. Mr. DANIEL E. LUNGREN of Cali- when we passed the landmark Afford- The malpractice liability provisions before us able Care Act, some derisively termed fornia. I thank the gentleman for yield- today would supersede the law in all 50 states ing. it ‘‘ObamaCare.’’ I believe that some to cap non-economic damages, cap and limit day this bill will be famous because it The idea that 15 unelected individ- punitive damages, limit access to the courts uals on the Independent Payment Advi- is named after the President. for poorer victims of medical malpractice, We were proud to have taken up an sory Board have been empowered by shorten the statute of limitations for claims, the so-called Patient Protection and important step in realizing a goal that eliminate protections for children, and elimi- we’ve been striving for for quite a long Affordable Care Act to ration health nate joint and several liability. care for seniors—and that’s for all sen- time. But today, we’re confronted with We need to cut the charades and get to the a leader in the House, himself a med- iors—is as Orwellian as these titles heart of the problem. crafted by the previous Congress to di- ical doctor, who is urging that we take The malpractice insurance industry is vert attention from what’s really being a step backward and roll back our plagued by collusion, price fixing, and other done here. progress. anticompetitive activities. Yet this bill does Delegating such authority to a gov- The measure before us will repeal the nothing to respond to this problem. Independent Payment Advisory Board, It is also clear that a legislative solution ernment board to make such decisions which would save us millions of dollars largely focused on limiting victims rights avail- with such a dramatic impact on the and pay for itself by pushing through able under our state tort system will do little health care alternatives available to malpractice legislation that under- other than increase the incidence of medical Medicare recipients raises the most se- mines State sovereignty and enriches malpractice—already the sixth leading cause rious ethical concerns about respect for corporations that surely don’t need it. of preventable death in our nation. the dignity of our seniors. This is the Congress established the advisory Under the proposed caps on damages, unfortunate consequence of a world board to slow Medicare’s growth costs. Congress would be saying to the American view which favors the notion of bureau- The Independent Payment Advisory people that we don’t care if you lose your abil- cratic expertise and efficiency as a so- Board does not undermine our role in ity to bear children, we don’t care if you are lution to the challenges facing our Medicare policy nor does it cut access forced to bear excruciating pain for the re- health care system today. The purpose to care. Its repeal, however, removes mainder of your life, we don’t care if you are of providing quality health care to our critical oversight and efficiency and permanently disfigured or crippled. Nation’s seniors is simply incompatible paves the way for the majority’s plans The proposed new statute of limitations with the idea that the delivery of to replace guaranteed health care for takes absolutely no account of the fact that health care services can be achieved seniors with corporate voucher sys- many injuries caused by malpractice or faulty through some sort of algorithm con- tems. drugs take years or even decades to manifest trived by a panel of experts. How many of us have constituencies themselves and trace the root cause. Rather than empowering seniors to that you could go back home and tell The bill would allow insurance companies play a more active role in their own your constituents that you’re going to teetering on the verge of bankruptcy to delay health care decisions, the IPAB moves replace this health care bill that is and then completely avoid future financial obli- in the opposite direction by empow- praised from one end of the country to gations. And they would have no obligation to ering an unaccountable government the other, that has taken decades to pay interest on amounts they owe their vic- panel to make these decisions. In this enact, that we’re now going to use tims. regard, the inclusion of legislative lan- vouchers for health care? And guess who else gets a sweetheart deal guage to repeal IPAB could not be bet- When we passed President Obama’s land- under this legislation? Drug companies—most ter placed than with a medical liability mark Affordable Care Act, we were proud to of which are foreign. This bill makes drug and reform bill, for IPAB is itself, per se, have taken an important step in realizing that device manufacturers immune from punitive malpractice. ideal. damages, so long as the FDA has approved b 1850 But today, the Majority takes a step back- their products or their products are generally wards. They seek to roll back our progress. considered ‘‘safe,’’ no matter how egregious Now, H.R. 5 contains many important H.R. 5, the so-called ‘‘Help Efficient, Acces- their behavior. reforms concerning our health care sible, Low-cost, Timely Healthcare Act,’’ will The bottom line is that this legislation litigation system. These health care re- repeal the Independent Payment Advisory doesn’t prevent terrible things from happening forms are modeled after my own State Board, IPAB, which saves us millions, and pay in hospitals. The bill’s takeover of state courts of California’s Medical Injury Com- for it by pushing through malpractice legisla- won’t help judges throw out frivolous lawsuits, pensation Reform Act, better known as tion that undermines State sovereignty and and a ceiling of a quarter of a million dollars MICRA. This important initiative was enriches insurance companies. won’t stop bad actors from looking for a pay- signed into law over three decades ago Congress established the IPAB to slow out. by then- and now, again, California Medicare’s growth costs. The IPAB does not Instead, this legislation lifts legal and finan- Governor Jerry Brown. undermine our role in Medicare policy or cut cial risk from hospitals, drug manufacturers, I practiced under this law for several access to care. Its repeal, however, removes and insurance companies, and drops that bur- years. I practiced under the law that critical oversight and efficiency, and paves the den onto real people, the victims of medical preceded MICRA. I did a good deal of way for the Majority’s plans to replace guaran- malpractice. medical malpractice defense in the teed healthcare for seniors with corporate This bill helps the powerful at the expense courtroom. I appeared before juries, be- voucher systems. of the injured, the elderly, and the very young. fore judges. I settled cases. I had the

VerDate Mar 15 2010 04:19 Mar 22, 2012 Jkt 019060 PO 00000 Frm 00051 Fmt 4634 Sfmt 0634 E:\CR\FM\K21MR7.096 H21MRPT1 jbell on DSK7SPTVN1PROD with HOUSE H1480 CONGRESSIONAL RECORD — HOUSE March 21, 2012 opportunity to defend doctors and hos- Secondly, the California Medical As- which is life, liberty, and the pursuit of pitals. About 90 percent of the cases I sociation has expressed ‘‘serious con- happiness. And that is exactly what did were on the defense side, about 10 cerns with granting complete immu- the Affordable Care Act helps to guar- percent on the plaintiff’s side. I believe nity from punitive damages to medical antee: a healthier life, the liberty to I had the first successful medical mal- produce and device manufacturers, dis- pursue happiness free of the con- practice suit against an HMO in the tributors, and suppliers.’’ They state, straints that the lack of health care State of California. I had an oppor- ‘‘We believe this will force plaintiffs to might provide to a family. If you want tunity to view the system close up. look only to physicians and other pro- to be a photographer, a writer, an art- And the fact of the matter is, with- viders to seek relief and will signifi- ist, a musician, you can do so. If you out the MICRA reforms, the California cantly increase physician exposure and want to start a business, if you want to medical system, the health care system liability costs.’’ change jobs, under the Affordable Care would have collapsed. We had doctors So I’m somewhat on the horns of a Act, you have that liberty to pursue leaving the State of California—par- dilemma here. I do believe that we ab- your happiness. ticularly in specialties such as obstet- solutely, as the physicians of the Cali- So that is why I am so pleased that rics and gynecology, neurosurgery, an- fornia Medical Association believe, this week we can celebrate the 2-year esthesiology—moving to other States ought to rid ourselves of the Inde- anniversary of the Affordable Care Act; because the premiums that were re- pendent Payment Advisory Board for and I want to mention some of the pro- quired to be paid by our doctors had be- fear that its implementation will, in visions that are in it but not before come so exorbitant that they either fact, interfere with the doctor-patient mentioning that the legislation on the had to leave the State or no longer be relationship, interfere with the avail- floor today is a feeble attempt to unable to practice medicine. ability of medical care, interfere with ravel legislation that makes a big dif- Information received by our Judici- the availability of physicians to sen- ference in the lives of America’s fami- ary Committee from the National As- iors and others. But they have ex- lies. sociation of State Insurance Commis- pressed some concerns that we have to You be the judge: if you are a family sioners indicates that since 1976, when with a child with asthma, diabetes, is it was adopted, California’s medical give other States the benefit of MICRA. And I understand some of their bipolar, has a preexisting medical con- professional liability premiums have dition, up until this bill, your child risen at less than half the pace of the concerns. I think we may be very well able to address that in further lan- could be discriminated against for life rest of the country. While I would cau- of ever receiving affordable health in- tion that MICRA must not be perceived guage. Although it is my intention to vote surance and, therefore, care. The full as a silver bullet, it was, nonetheless, thrust of the law does not take place an important step forward taken by for passage of H.R. 5, my hope is that before it would return to us from the until 2014; but already, for months now, our State and a sound model for reno child in America can be denied form. This is, once again, evidence that Senate, we would specifically address the concerns raised by the physicians health coverage because of a pre- as laboratories of democracy, our existing condition, and soon all Ameri- States more often than not serve as in- from my State. The necessary repeal of IPAB is an important reform. Some of cans will have that same protection. cubators of reform. For the first time in American his- these others contained in the further At the same time, I do believe that it tory, millions of American women and section of the health care act warrant is important to recognize that the seniors have access to free preventive support. But I do believe we need to American legal system and our civil health services, services that prevent, have some changes, and I would look justice system, in particular, contains that are better early intervention to vagaries unique to each of the States forward to those changes in a con- detect a possible illness in a person. which operate within the context of a ference report or any bill which is re- system of federalism. In this regard, we turned to the body by the Senate. b 1900 need to be cautious on the Federal I would like to say this, that for Eighty-six million Americans have level in making assumptions about the someone who practiced law for a num- already received key preventive health impact of our actions. Even in Cali- ber of years in the area of medical mal- benefits under the law, and more than fornia, itself, the effort to adopt a Fed- practice, with doctors and hospitals, 5 million seniors have saved over $3.2 eral medical liability reform statute and saw what a failure to limit non- billion in prescription drug expenses. has raised some questions about pos- economic damages was doing to the Already, $3.2 billion in prescription sible unintended consequences. availability of health care—not just drug benefits because of provisions of Even though one aspect of the impe- the cost of health care, but the avail- the law that are already in effect. tus behind H.R. 5 is to bring relief to ability of health care in my home So if you’re a senior and you’re medical practitioners from the trap of State—I do believe MICRA is a model caught in the doughnut hole, or you defensive medicine, as suggested by the that ought to be replicated by other would have been, you are already bene- chairman of our committee—and I do States in the Union. fiting from this law. And that’s what believe that is true—physicians are, I do believe that the facts are in. the Republicans are trying to take unfortunately, expressing some con- Over 30 years, we’ve been able to see away from you, from your family, from cerns over some of the provisions con- that it has improved access to health your life, from your liberty, from your tained in H.R. 5. care, improved the number of physi- pursuit of happiness. Specifically, the California Medical cians, particularly in difficult special- The last point about seniors and pre- Association, while they support getting ties, and it has brought down the over- scription drugs is particularly impor- rid of the board as we previously dis- all cost of premiums and, therefore, the tant because it fits in with our con- cussed, have expressed some opposition cost of medical care in my State. sistent commitment from day one as to the fair-share rule contained in sec- The idea that somehow medical mal- authors of Medicare in the sixties, fits tion 4(d) of the HEALTH Act. They practice premiums have no effect ei- with our consistent commitment to al- have expressed that the fair-share rule ther on the cost of care or the accessi- ways strengthen Medicare for Amer- in H.R. 5 will preempt California’s law bility of care flies in the face of the ex- ican seniors, never weaken it. Indeed, and put full recovery by injured pa- perience of 30 years in my home State as I mentioned, Democrats created tients at risk. They inform us, ‘‘As of California. Medicare, sustained Medicare, and written, the fair share rule will dra- Mr. CONYERS. Madam Chair, I am Democrats will always protect Medi- matically increase the potential for pleased now to yield 1 minute to the care even from language that is so mis- physicians to face enforcement pro- former Speaker of the House of Rep- leading as to make one wonder. ceedings against their personal assets. resentatives, our leader, the gentle- Republicans, on the other hand, have This would force physicians to pur- woman from California, NANCY PELOSI. voted to end Medicare. End the Medi- chase increased medical professional li- Ms. PELOSI. I thank the gentleman care guarantee. They have said that ability insurance coverage, which will for yielding. I appreciate his leadership their goal for Medicare is for it to significantly increase liability pre- for helping us honor what our Founders wither on the vine. And tonight’s legis- miums in California for physicians.’’ put forth in our founding documents, lation is a part of the withering on the

VerDate Mar 15 2010 04:19 Mar 22, 2012 Jkt 019060 PO 00000 Frm 00052 Fmt 4634 Sfmt 0634 E:\CR\FM\K21MR7.098 H21MRPT1 jbell on DSK7SPTVN1PROD with HOUSE March 21, 2012 CONGRESSIONAL RECORD — HOUSE H1481 vine. It’s important for you to know the legislation on the floor. If you want visions would apply only to people who that if you care about Medicare, if you to unravel Medicare, vote ‘‘aye.’’ If you had meritorious claims of malpractice depend on Medicare, this is the wither- want to support Medicare, if you think against them. You don’t have to limit on-the-vine scenario. health care is a right for the many, not people’s recoveries or attorneys fees for In fact, just yesterday, the Repub- just a privilege for the few, vote ‘‘no.’’ people without meritorious claims. So licans released their budget, which Mr. SMITH of Texas. I yield myself whatever we’re doing here today will would end the Medicare guarantee and such time as I may consume. be done only to those who have been shift cost to seniors. End the guar- Mr. Chairman, most Americans still injured, whose injuries have been in- antee. What does that mean? Shift cost oppose ObamaCare yet support medical flicted by someone else’s wrongdoing, to seniors—perhaps up to $6,400 for liability reform of the kind that we are and who need and should be entitled to most seniors a year—and, again, let considering tonight. A recent survey compensation. Medicare wither on the vine. That’s found that 83 percent of Americans be- The argument we hear, which is not a why today’s legislation is such a cyn- lieve that reforming the legal system new one, is that if we allow the players ical political ploy. And I know that needs to be part of any health care rein the health care industry, including American seniors will not be fooled by form plan. Big Pharma, the manufacturers of de- it. As the Associated Press recently re- fective medical devices, and even big Today brought legislation to repeal ported, most Americans want Congress insurance companies and HMOs that what is known as IPAB, the Inde- to deal with malpractice lawsuits driv- routinely pay for health care services, pendent Payment Advisory Board. ing up the cost of medical care, says an to escape the consequences of the harm Independent. Independent of political Associated Press poll. Yet Democrats they inflict, then somehow we’ll all be influence over decisions that are made. are reluctant to press forward on an better off. This piece of the legislation was a issue that would upset a valuable polit- b 1910 bend-the-curve to reduce the cost of ical constituency—trial lawyers—even This is not true, has never been true, health care in America. if President Barack Obama says he’s Republicans are desperate to distract and, despite the extravagant claims of open to changes. the proponents of this bill and the in- seniors from their real record on Medi- The AP poll found that support for dustries lobbying for it, that will not care, and that’s what they’re trying to limits on malpractice lawsuits cuts be true if this multibillion dollar gift do today. I say that without any fear of across political lines, with 58 percent of contradiction and without any hesi- to bad actors in the health care indus- independents and 61 percent of Repub- try were to become law. tation because nothing less is at stake licans in favor. Democrats were more than the well-being of our seniors, Just how pricey a gift to industry are divided. But still, 47 percent said they we talking about here? According to their personal health, and their eco- favor making it harder to sue while 37 nomic health. And that means their se- the Congressional Budget Office, $45.5 percent are opposed. The survey was billion over the next decade. Now, any- curity. conducted by Stanford University with Further, in this bill Republicans have one who believes that those savings the nonprofit Robert Wood Johnson recycled their old medical malpractice will be passed along directly to con- Foundation. In the poll, 59 percent said liability legislation that undermines sumers, health care providers, and vic- they thought at least half the tests states’ rights and hurts the rights of tims of medical malpractice is living in injured patients to obtain just com- doctors order are unnecessary—ordered a dream world. Some of us will remem- pensation. only because of fear of lawsuits. ber the debates we had in this House Because of the impact on American In a poll done by the Health Coali- for the 8 years preceding enactment of States of what they’re trying to do in tion on Liability and Access in Octo- the 2005 Bankruptcy Code rewrite. We this bill, the bipartisan National Con- ber, 2009, 69 percent of Americans said will no doubt remember the argument ference of State Legislatures has they wanted medical liability reform that abuse of the bankruptcy system strongly opposed this bill. That bipar- included in health care reform legisla- was a hidden tax of $400 a year for tisan group says that after a careful re- tion. Seventy-two percent said their every American and that tightening view it had reached ‘‘the resounding bi- access to quality medical care is at the rules would be of interest to all partisan conclusion that Federal med- risk because lawsuit abuse forces good consumers. Well, we passed that huge ical malpractice legislation is unneces- doctors out of the practice of medicine. giveaway to the big banks. Consumers sary.’’ Mr. Chairman, let’s support a bill have not seen a nickel of that $400. The Again, Madam Speaker, this week we that is so strongly endorsed by the banks pocketed all the money. If you celebrate the 2-year anniversary of the American people. think that this bill will lower costs for Affordable Care Act for what it em- I reserve the balance of my time. consumers, that the big insurance com- bodies. It’s about innovation. It’s about Mr. CONYERS. Mr. Chairman, I am panies will not simply pocket the not just health care in America but a pleased to yield such time as he may money, there’s a famous bridge in my healthier America. It’s about preven- consume to a member of the House Ju- district that I might be willing to sell tion and innovation. It’s about cus- diciary Committee, JERROLD NADLER, to you. tomized, personalized care. It’s about who has worked on this subject matter So keep in mind just who will be electronic medical records. It’s about for quite a long time. bearing the burden of this legislation: lowering costs, expanding access, and Mr. NADLER. I thank the gentleman people who are subject to limitations improving quality. for yielding, and I rise in opposition to on damages and on their ability to ob- So much misleading information is this deeply flawed and deceptively tain competent counsel—something put out there about it that it’s impor- named legislation. not imposed on insurance companies, tant to keep repeating the difference, Contrary to the bill’s title, this bill drug companies, or HMOs. That may be the transformative nature of the legis- will not promote access to better good for the insurance companies, for lation. In fact, it has already begun to health care nor will it make health the manufacturers of defective drugs transform the lives of America’s chil- care more affordable. If the wishes of and medical devices and all the other dren by saying no longer will they be many of the proponents of this legisla- wrongdoers walking these Halls with denied coverage because they have a tion come true and the Affordable Care open checkbooks, but it will come at preexisting medical condition. And Act is repealed and Medicare and Med- the expense of their victims. soon we can fully say that no longer icaid as we know them are curtailed or Nowhere does CBO, or their sponsors, being a woman is a preexisting medical eliminated, then decent, affordable explain why their belief that insurance condition, where women are discrimi- health care will remain out of reach for companies, Big Pharma and medical nated against to the tune of a billion millions of Americans, including many device manufacturers will pass any dollars a year, and cost of premiums, who now have access to health care savings along, nor do they account for not to mention exclusion from obtain- services. the cost of the care needed by people ing coverage. I urge all Members to keep one fact who have been injured and who will be And so I proudly celebrate the 2-year in mind as we debate the medical mal- unable to receive adequate compensa- anniversary, and I emphatically oppose practice aspects of this bill. These pro- tion.

VerDate Mar 15 2010 04:19 Mar 22, 2012 Jkt 019060 PO 00000 Frm 00053 Fmt 4634 Sfmt 0634 E:\CR\FM\K21MR7.100 H21MRPT1 jbell on DSK7SPTVN1PROD with HOUSE H1482 CONGRESSIONAL RECORD — HOUSE March 21, 2012 This bill is not limited to suits in a discussion of this issue. I think it bill, which is, quite frankly, to dis- against individual health care service is statist and antithetical to our be- mantle the inherent bureaucracy in the providers, doctors and other licensed liefs, at least my beliefs and I think health care bill, which I largely sub- health care professionals. It would pro- most of the Members’ on this side of scribe to. It injects politics into a le- vide protection against malpractice the aisle, with respect to what America gitimate debate on a substantive public claims for large corporations, insur- is all about. policy and prevents Republican and ance companies, health maintenance I look at this from the standpoint of Democrat Members from an up-or-down organizations, and pharmaceutical gi- a Republican Member in a Republican vote and strikes, I think, at our funda- ants when they deal in defective prod- Party who has been a forerunner and mental beliefs of states’ rights, of indi- ucts or when someone else’s health is who has dealt with the issue of states’ vidualism and on constitutional destroyed because an insurance com- rights and, quite frankly, has attacked premise. pany refused to pay for necessary care. this health care bill—and the Attor- In summary, I believe that a ‘‘no’’ Mr. Chairman, we heard the gen- neys General—on a states’ rights and vote is a vote to preserve individual tleman from California refer to the interstate commerce basis. It is a clas- dignity. Our ‘‘no’’ vote is one to main- California legislation that is the model sic example, Mr. Chairman and Mem- tain constitutional values, and it is to for this legislation passed in 1976, 36 bers of the House, of what has histori- safeguard states’ rights and the separa- years ago. That legislation enacted a cally been an area for states’ rights. tion of powers. I know this is well in- limit and said for noneconomic dam- Whether it’s the criminal justice or do- tended, but this is not the vehicle to do ages you can only get a recovery of mestic law or civil justice, our Found- it in. The vehicle is Austin, Texas, or $250,000 because you lost a leg when ing Fathers set in place a Federal level Albany, New York, or Springfield, Illi- they removed the wrong leg. They felt and a State level of government, and nois. I have some serious concerns in 1976 that $250,000 was an appropriate this strikes at the core of states’ about State legislation that would also amount to limit it to. In today’s dol- rights. interfere with separation of powers, lars, that’s $38,000. In addition to that, Mr. Chairman but this is not the arena to do it in; it But there’s no inflator in that legis- and Members of the House, separation is not the bill to do it in; and I think, lation, and there’s no inflator in this of powers. We have been critical—and I quite frankly, it is one that, unfortu- legislation. That $250,000 in 1976 today think legitimately—from this side of nately for me, strikes at the core of is $1.4 million. So if we were modeling the aisle with respect to HHS waivers why I’m here. I’m not here to dis- this on that, we should say the limit is that have been granted. We’ve been mantle our common law system; I’m $1.4 million, but we’re not doing that. critical of the EPA and the U.S. DOT not here to dismantle the free market We’re saying 250, and we’re not putting and so forth for their administration system; and I’m not here to dismantle an inflation adjustment in here, so it and their promulgation of rules with- states’ rights. I’m here to stand up for will be $250,000 this year, and 5 years out legislative authorization. And yet what I think the American people sent from now it will be the equivalent of this entirely desecrates, in some ways, us here for. $100,000, and 10 years from now $35,000 our whole judicial function, our whole I don’t think the health care bill was and eventually zero. judicial function regarding liability well considered. I think it should be I submit that it is very wrong. It may and damages. It is an intrusion into substantially addressed in terms of this be that if malpractice causes a woman the judicial arena, which is something and other legislation. But this bill to lose her fertility, causes her to lose that is sacrosanct, and I think that’s doesn’t do it, ladies and gentlemen; and the ability to bear children, the med- essential to our viewpoint of what the I, with all due respect, ask my col- ical costs to her may be minor, the lost Constitution is all about. leagues on both sides of the aisle to wages, the economic damages may be It also strikes at the core of our free join with me in a ‘‘no’’ vote on what I minor. But the inability to bear a child market system. I have been involved think may be a well intended, but cer- should be limited to $250,000 and even- from a number of standpoints in the tainly misdirected, effort. And I join tually to almost nothing because law practice; and I see a system that, with my colleagues over here and some there’s no inflation in this? If someone in an overwhelming number of cases, over here in urging a ‘‘no’’ vote. is put in a wheelchair for life, the pain works to effect justice. Two attorneys Mr. CONYERS. Mr. Chairman, I ask and suffering is worth almost nothing? or more, witnesses, jurors, a judge, and if the distinguished gentleman from Il- That’s what is wrong with this legisla- the common law of 200 or 250 years al- linois (Mr. JOHNSON) would like addition, and that’s what’s immoral about most inevitably results in just results. tional time. If he requires any, I would this legislation. That’s why we ought And now we have a situation, despite be glad to arrange to yield him further to vote against this legislation. that commitment to free market that time. If you require more time, I would be Mr. SMITH of Texas. Mr. Chairman, I we have, where we’re now proposing delighted to yield it to you. yield 5 minutes to the gentleman from that the Federal Government dictate Mr. JOHNSON of Illinois. You are Illinois (Mr. JOHNSON). an imprimatur to override this whole very kind to do that, Mr. CONYERS. Mr. JOHNSON of Illinois. Mr. Chair- system that’s already in place and I man and Members of the House, first of think infringes on our constitutional b 1920 all, let me thank the chairman for his right to a trial by jury. I think I probably pretty well ad- willingness to allow me to speak on an It also strikes, I think, Mr. Chairman dressed it. I think between myself and issue on which we do not agree. I ap- and Members of the House, what we my inarticulate comments and your preciate the courtesy; I appreciate the Republicans say we believe in in terms opposition and some opposition over lively debate that has preceded me in, of individual worth. One of our attacks, here, I think the debate has been very I think, probably a far more articulate quite frankly, on the passage of this good and good for the process. And this way than I’m going to be able to ar- bill, which I largely subscribe to the is one I’m with you on, sir. ticulate. But let me just, Mr. Chairman attacks, is one that deals with the deep Mr. CONYERS. I thank you, Mr. and Members of the House, address this personalization of the individual inher- JOHNSON. in a bigger sense and then maybe in a ent in President Obama’s health care Mr. Chairman, I am pleased now to specific sense from the standpoint of a approach. This bill is a collectivist at- yield 4 minutes to the Judiciary Com- Republican Member of the United tack on personal realities and is a dis- mittee member from Florida (Mr. States Congress. regard for age, circumstances, State or DEUTCH), who has worked very care- To begin with, I believe that this ad- community of residence; and I think fully with us on this subject matter. dition is largely unrelated and almost that addresses in a very serious way Mr. DEUTCH. Mr. Chairman, it’s no entirely disconnected from the under- the concept that we have constitu- surprise that I am disappointed with lying bill. I believe it demonstrates tional worth of the individual. the content of this bill before us today. some concern—or I believe it reveals In conclusion, this bill has essen- I join with my colleagues who have ex- some lack of concern—for sensitivity, tially nothing to do with revenue pro- pressed their disappointment, but I’m and I think in a lot of ways reveals the duction. We all know that. It obfus- also disappointed with the process be- duplicitousness that I think is inherent cates the underlying purpose of the hind it.

VerDate Mar 15 2010 04:19 Mar 22, 2012 Jkt 019060 PO 00000 Frm 00054 Fmt 4634 Sfmt 0634 E:\CR\FM\K21MR7.101 H21MRPT1 jbell on DSK7SPTVN1PROD with HOUSE March 21, 2012 CONGRESSIONAL RECORD — HOUSE H1483 Yesterday, for a totally bogus reason, The absence of doctors in vital prac- line Palmer of Marietta, Georgia. Ms. the Rules Committee declared an tice areas is, at best, an inconvenience; Palmer was in an automobile accident amendment I offered out of order. They at worst, it can have deadly con- back on March 23, 2007. She sustained claimed it would add to the cost of the sequences. Hundreds or even thousands two broken legs, a broken shoulder, bill despite having no numbers. The of patients may die annually due to a abrasions on her arms, and a collapsed amendment did not create some new lack of doctors. lung. While she was at the hospital, regulation. It did not create new judi- According to one State study, 38 per- recuperating, they noticed that her left cial proceedings. It did not set aside cent of physicians have reduced the hand was swollen, dusky blue, and cool money for a new program. number of higher-risk procedures they to the touch. But after so noting on her Let me tell you what it did do, Mr. provide, and 28 percent have reduced medical record, the doctor left work Chairman. It would have made a ter- the number of higher-risk patients that day, and no further action was rible bill slightly better. It’s simple. they serve, all out of fear of liability. taken about that. That was a clear sign My amendment ensured that doctors The American College of Obstetri- that blood was not flowing to that limb who intentionally—not accidentally, cians and Gynecologists has concluded and that something was wrong. but intentionally—harm their patients that: b 1930 are not exempt from medical mal- The current legal environment continues practice liability. If this Congress to deprive women of all ages, especially preg- Nothing was done. No followup. The wishes to tell a child made blind by the nant women, of their most educated and ex- next day they found that the IV line negligence of his doctor that those in perienced women’s health care providers. had been misplaced in her arm, and this Chamber know better than a jury, A study from Northwestern Univer- they referred her in for some treat- if my colleagues wish to pretend that sity School of Medicine polled resi- ments to try to reinvigorate the cir- the Seventh Amendment of the United dents and found that many wished to culation in that arm, and there was States Constitution, guaranteeing a leave the State to avoid its hostile nothing they could do. trial by jury, was somehow omitted malpractice environment. The study They tried everything. They even from the Bill of Rights, I disagree, but concluded that: subjected Caroline to a procedure on so be it. The very least we can do is en- Approximately one-half of graduating Illi- both arms to relieve the pressure and sure that if a doctor intentionally nois residents and fellows are leaving the treat the loss of circulation by pro- abuses his patients that he will not State to practice. The medical malpractice ducing a large gaping hole in both evade justice. liability environment is a major consider- arms, and that procedure failed. Where- Surely, the sponsors of this bill did ation for those that plan to leave Illinois to upon, she then was subjected to the not intend to extend liability caps to a practice. cutting off of her left arm and the cut- pediatrician who sexually abused a Without a uniform law to control ting off of her right arm. child or a dentist who raped his pa- health care costs, many States will Now, we’ve talked a lot about, well, tients under sedation. I’m disgusted to continue to suffer under doctor short- how much is a leg worth? How much is say that those are both real examples ages. a leg worth when you lose a leg? Well, of the kind of abhorrent behavior H.R. Mr. Chairman, I reserve the balance how much are two legs worth? How 5 may mistakenly immunize without of my time. much are two arms worth? clarification. Mr. CONYERS. Mr. Chairman, I am This picture shows Caroline Palmer Is it too much to ask that we simply pleased now to yield as much time as in this horrendous state; and under this think this through? Can someone ex- he may consume to the distinguished amendment, under this bill, H.R. 5, this plain to me how this amendment costs gentleman from Georgia (Mr. JOHN- woman, this victim, would be limited a penny? Better yet, will someone ex- SON), a member of the House Judiciary to $250,000 for her pain and suffering plain to the 103 children who were mo- Committee. and disfigurement, and that’s not lested by a Delaware pediatrician that Mr. JOHNSON of Georgia. Today, Mr. right. Washington wants to make it easier for Chairman, I rise in opposition to this How do you put a cap on someone’s sexual predators to evade justice? harmful bill, H.R. 5, the so-called Pro- pain and suffering? How heartless is it My friends, differentiating between tecting Access to Healthcare Act. to cap noneconomic damages when one medical errors and intentional harm is Now, this bill is premised upon what has lost a limb? becomes blind? not some wild and crazy new idea being I would call a story, because that’s How much is vision worth? How pedaled by the left. Many States—blue what my mamma used to tell me. My much is the ability to see? How much States, red States, and in between— mamma and my grandmamma, as I was is that worth? $250,000, under this legis- limit malpractice awards but make dis- growing up, used to say that’s wrong to lation. tinctions for intentional torts. say that someone is lying. Don’t say If you become paralyzed at the hands The majority could have considered that. You say that they’re telling a of a negligent health care provider, can my small change and protected the story. So I grew up plagued with the no longer walk, how much is that commonsense State laws that are al- guilt that comes from calling some- worth? $250,000. ready on the books. Instead, under the body a liar. I still have that sense of These caps hurt the most vulnerable 112th Congress, relentless partisanship shame associated with that word among us: children, senior citizens, and has poisoned this well and impeded our ‘‘liar.’’ working poor. They can’t even recover ability to write good laws. Perhaps, I’m not here to accuse anybody of for economic losses such as lost wages. Mr. Chairman, perhaps the reason lying, but I will say that H.R. 5, the so- They may not be working. A child Americans are so disenchanted with called Protecting Access to Healthcare doesn’t work. A child left with no arms Congress is because they know that it Act, is a story, is premised on the story is limited in noneconomic damages to doesn’t have to be this way. that runaway frivolous lawsuits, med- $250,000. He’s got to roll with that for I urge my colleagues to vote ‘‘no’’ on ical malpractice lawsuits are a major the rest of his life—$250,000. It’s not this legislation. cause of driving the cost of medical right. Mr. SMITH of Texas. Mr. Chairman, I care through the roof. That’s not true. Medical malpractice is about real yield myself such time as I may con- This bill restricts a patient’s ability people with real injuries. The Institute sume. to recover compensation for damages of Medicine estimates that 98,000 peo- Mr. Chairman, lawsuit abuse drives caused by medical negligence, defective ple die each year in the United States doctors out of their practices. There’s a products, and irresponsible insurance from preventable medical errors. Tort well-documented record of doctors companies. It also sets a cap of $250,000 reform proposals, such as H.R. 5, fail to leaving the practice of medicine and of for noneconomic compensatory dam- address the deaths and injuries associ- hospitals shutting down, particularly ages which are awarded to victims for ated with preventable medical errors practices that have high liability expo- emotional pain and suffering, physical every year. sure. This problem has been particu- impairment and disfigurement. Now, this, H.R. 5, is an unholy alli- larly acute in the fields of OB/GYN and I’m so sorry to have not had this pho- ance between two stories: the one story trauma care as well as in rural areas. tograph blown up. It’s a photo of Caro- which I just outlined to you and the

VerDate Mar 15 2010 04:19 Mar 22, 2012 Jkt 019060 PO 00000 Frm 00055 Fmt 4634 Sfmt 0634 E:\CR\FM\K21MR7.103 H21MRPT1 jbell on DSK7SPTVN1PROD with HOUSE H1484 CONGRESSIONAL RECORD — HOUSE March 21, 2012 other story being the repeal of the 15- will fall into line and vote in favor of To think that we on this side of the person Independent Payment Advisory H.R. 5, which has absolutely no chance aisle with H.R. 5, the HEALTH Act, Board, also known as IPAB, which was of passing once it goes to the other which is part of the PATH Act that we created under RomneyCare. Oops, I body. are discussing on the floor today, to mean ObamaCare. Oops, I mean, the b 1940 suggest that a person that suffers like Affordable Care Act. that could only recover $250,000 in non- Now, while I do believe that there are I want to thank the ranking member compensatory pain and suffering is ab- some good reasons to be opposed to the of the Judiciary Committee, JOHN CON- solutely untrue. IPAB and to vote to abolish it—I be- YERS, for giving me this time. The gentleman, my friend from lieve there are some good reasons for Mr. SMITH of Texas. Mr. Chairman, I DeKalb, is an attorney. He knows the that—the rationing of medical care is am pleased to yield such time as he legal system. He’s been in the court- not one of them. Anyone who says that may require to the gentleman from room. I’m not sure whether he’s tried this IPAB board has the power to cut Georgia, Dr. GINGREY, who happens to on the side of the plaintiff or the de- the benefits paid to Medicare recipi- be the sponsor of the legislation we’re fense in regard to medical malpractice ents has either not read the bill or is considering tonight, the HEALTH Act. cases, but he clearly knows the dif- telling you a story. Mr. GINGREY of Georgia. Mr. Chair- ference in noneconomic pain and suf- Just for the record, I want to read 42 man, I thank the chairman of the Judi- fering in regard to this particular bill, U.S.C. section G, 1395kkk. I’m not ciary Committee for yielding to me and, on the other hand, recovery for se- going to comment on the kkk right and the opportunity to follow directly vere losses, medical compensation, loss now, but that’s the subsection of the my colleague from Georgia on the of wages, loss of extremities, what this subsection of 42 U.S.C. where the law other side of the aisle. poor soul suffered. A number of things were said. I feel that was passed, RomneyCare—I mean Let me just read, Mr. Chairman, this grateful to have the opportunity to ad- ObamaCare, I mean Affordable Health comment: Nothing in the HEALTH Act dress those. Care Act—is stated, the law, 42 U.S.C., denies injured plaintiffs the ability to and it says: One of the comments that the gentleman made, the gentleman is my obtain adequate redress, including The proposal shall not include any rec- good friend, and he would agree with compensation for 100 percent of their ommendation to ration health care, raise economic loss. Essentially, anything to revenues or Medicare beneficiary premiums that. But in regard to this emergency caucus meeting with the Tea Party which a receipt can be attached. Be- under section 1818, 1818A, or 1839, increase lieve me, the plaintiff’s attorney will Medicare beneficiary cost-sharing (including Caucus on the Republican side with our attach every receipt, including the deductibles, coinsurance, and copayments), majority leader, ERIC CANTOR, I am an or otherwise restrict benefits or modify eli- original member of the Tea Party Cau- medical costs, the cost of pain relief gibility criteria. cus in the House of Representatives. If medication, their loss of wages, their That is what ObamaCare, there had been any emergency-called future lost wages, rehabilitation costs, RomneyCare—I mean the Affordable meeting, Mr. Chairman, I can assure and any other economic out-of-pocket Health Care Act—provides for. That’s you that I would have been right there loss suffered as a result of a health care injury. the law. Anybody who tells you other- with MICHELE BACHMANN and STEVE wise is telling you a story. KING and others, the 20 of us that were Economic damages include anything Going back to the first story, I really original members of the House GOP whose value can be quantified, includ- oppose it for the reasons that I’ve pre- Tea Party Caucus. There was no such ing lost wages, home services, au pair, viously stated. This bill is another ex- meeting. companion to go shopping, medical ample of the Republican majority Let me refute that statement, al- costs, rehabilitation of a home, access bringing a partisan bill to the House though I greatly respect my friend for someone who has an incapacity, an floor that has virtually no chance of from Georgia, from DeKalb. inability to access a normal home. becoming a law. H.R. 5 does not create Mr. JOHNSON of Georgia. Will the So, the gentleman, just like the gen- any jobs or grow the economy. It’s a gentleman yield? tleman from Iowa, the plaintiff’s attor- slap in the face, also, of states’ rights— Mr. GINGREY of Georgia. I will be ney that spoke on the floor earlier in something we’ve heard—that the other glad to yield to my friend. regard to misleading statements, to side has depended on for a long time, Mr. JOHNSON of Georgia. I certainly suggest that in this legislation we states’ rights, the 10th Amendment. don’t want to misstate what actually would take away the ability of a person H.R. 5, ladies and gentlemen, denies happened, and I think I said that it’s like Ms. Palmer of Marietta, Georgia, States their right to have their own my understanding that that meeting for a full and complete redress of griev- tort laws. The State of Georgia, for in- was held. That’s the information that I ances if a medical practitioner or a fa- stance, in its constitution, says that received. cility has performed below the stand- all citizens are entitled to a jury trial. Mr. GINGREY of Georgia. Reclaim- ard of care for that local community— The legislature imposed a $350,000 cap ing my time, and he did say that. He my colleague, the chairman of the Ju- on noneconomic damages in medical said it was his understanding. He didn’t diciary Committee, the distinguished malpractice and other cases. The case say it was a matter of fact. I appreciate chairman, gave me some statistics in went up to the Georgia Supreme Court, that comment. regard to some of the economic losses which ruled that to limit noneconomic But another thing, Mr. Chairman, that people have incurred and judg- damages deprives one of their constitu- that I want to address, he named ments that have been awarded by a tional right to a jury trial. This bill, names. I think the lady’s name was Ms. jury of their peers. H.R. 5, would do away with what the Palmer of Marietta, Georgia. I live in Listen to this, Mr. Chairman. In Au- Georgia Supreme Court has ruled inso- Marietta, Georgia, and have for the gust of 2010, Contra Costa County, a far as Georgia law is concerned. It’s a last 36 years. I represent Marietta, judgment for $5,500,000. These are Cali- gross overstepping of Federal legisla- Georgia, in the 11th Congressional Dis- fornia cases, by the way, Mr. Chair- tion into the affairs of the State, and I trict and have for the last 91⁄2 years. man. It’s California law that H.R. 5 is oppose it. The description of this unfortunate based on. MICRA passed back in 1975. I understand that there was a meet- soul’s injuries and the things that hap- But these are cases in 2010. This one ing yesterday, a specially called meet- pened to her, the broken bones, the colin February 2010, Riverside County, ing that Majority Leader ERIC CANTOR lapsed lung, the lack of blood flow to $16,500,000; November, 2009, Los Angeles called of the Tea Party Republican the extremities because of an improper County, $5 million; October, 2009, Sac- Caucus to kind of tighten some screws placement of an intravenous line, ramento County, $5,750,000. I will go and twist some arms to get the caucus maybe instead of in a vein in an artery, down to the last one, although there to go along with H.R. 5 so that no one that resulted in amputations of her are several others on the list. July, would get embarrassed. Now, we’ve yet upper extremities. When the general 2007, Los Angeles County, an award of to see what will happen, but I believe public hears stuff like that, Mr. Chair- $96,400,000. This, Mr. Chairman, is in that all of the Tea Party Republicans man, they’re horrified. 2007. MICRA was passed in 1975.

VerDate Mar 15 2010 04:19 Mar 22, 2012 Jkt 019060 PO 00000 Frm 00056 Fmt 4634 Sfmt 0634 E:\CR\FM\K21MR7.104 H21MRPT1 jbell on DSK7SPTVN1PROD with HOUSE March 21, 2012 CONGRESSIONAL RECORD — HOUSE H1485 This case in 2007, this plaintiff may here about what’s going to happen in sume to the gentlewoman from Hous- have been awarded $250,000 non- the Senate. Let’s do the right thing in ton, Texas, Ms. SHEILA JACKSON LEE. economic because there was a cap. But the House of Representatives, and let’s Ms. JACKSON LEE of Texas. Let me the cap is there not to deny them their do the people’s work. thank the ranking member and also day in court, their ability to be judged Mr. CONYERS. Mr. Chairman, I yield the chairman of the Judiciary Com- by a jury of their peers and a decision myself 1 minute to ask my friend and mittee and the leadership for giving us made in regard to just compensation. distinguished medical practicer and the opportunity to celebrate, as we de- There are 21 members of the House Member of Congress, Mr. GINGREY, is bate H.R. 5, the Affordable Care Act, GOP Doctors Caucus. It includes 16 he aware that his bill, H.R. 5, elimi- which is 2 years in the making. physicians, a psychologist, several den- nates joint and several liability for Clearly, it speaks to where we are tists, several registered nurses. I’ll both economic and noneconomic dam- today. So in celebration of the Afford- guarantee you, Mr. Chairman, in every ages? able Care Act, let me first of all wish it one of these cases I mentioned coming I yield to the gentleman for that pur- a happy anniversary. out of California, we would be sitting pose. Before I start on the Affordable Care there fighting for those plaintiffs. Mr. GINGREY of Georgia. I thank Act, let me indicate to my good friend Maybe even a witness for the plaintiff, the gentleman for yielding. This is his from Georgia and the Physicians Cau- for Mrs. Palmer, to say the sky is the time, and I appreciate him yielding. It cus that many of us do not take a back limit, and, Mr. Plaintiff’s Attorney, gives me an opportunity to explain in seat to our support for physicians. How you tack on every economic cost that regard to joint and several liability. can I help myself, coming from a com- you can dream up, and we’ll vote in Mr. Chairman, it’s important for our munity where the Texas Medical Cen- favor of it. colleagues on the House floor and any- ter is fighting for a permanent doctor But what we are opposed to, Mr. one within shouting distance to under- fix, which we’ve not been able to secure Chairman, is this opportunity for peo- stand what we’re talking about in re- from this Congress, and as well, being a ple to come in to court and clog up the gard to joint and several liability. champion of physician-owned hos- court system and crowd out Mrs. Palm- Under current law, anyone who is pitals. Because I do believe that physi- er and maybe many of these cases from named as a defendant in a medical mal- cians have a high level, an acuteness of California with frivolous lawsuits practice suit is liable for whatever their concern for their patient. Maybe where there is no justification for the judgment is rendered. It matters not it is also because in the last decade I’ve claim, where people are just hoping how much they participate in the case. had to tend to ailing parents, both of with a lottery mentality that some Let me give my good friend from whom I lost, and have seen doctors up sympathetic jury will just simply say, Michigan, the ranking member of the close and personal dealing with one of Oh, gosh, we know there’s no damage Judiciary Committee, an example. Of the most difficult times in any child’s here. But after all, the doctor has $10 course he knows this. Let’s say it’s an life. million worth of insurance. It’s not OB/GYN case and the surgeon who has This is not about a fight of one side coming out of his pocket. Let’s award done a hysterectomy on Friday is or another regarding doctors, and my the plaintiff $6 million or $8 million going to church on Sunday morning constituents have been kind enough to worth of noneconomic pain and suf- and asks his colleague to stop by and give me time here to have gone fering—if you want to call it that—in see the patient and to tell her that through these debates over and over damages. he’ll be around that afternoon to check again. Let me just say very quickly: I on her. The doctor says, sure, I’ll be b 1950 am glad the Affordable Care Act is in glad to. place, because what we’re celebrating That’s the thing that’s got to stop. He peeks his head in the door and today, as we talk about H.R. 5, is that That’s what’s causing the price of Mrs. Jones said, I’m fine. women will not be dropped from insur- health care to rise astronomically. Okay. Your doctor will be around ance when they get sick or pregnant; That’s why doctors are ordering all of this afternoon to check on you. insurance companies will not require these unnecessary tests and practicing Things go to heck in a hand basket. women to obtain preauthorization for defensive medicine. Every time a pa- The operating physician maybe has referral for access to an OB/GYN; mil- tient comes to the emergency room practiced below the standard of care. lions of older women with chronic con- with a headache, even though the doc- But that doctor that covered, that ditions will not be banned from care; tor is skilled in physical diagnosis, in peeked in the door, that really had 279,000 constituents in the 18th Con- taking a history, and can examine that nothing to do with the case, surely, as gressional District will have improved patient and look in their eyes, making Mr. CONYERS knows, will be named in employee health care; 187,000 uninsured sure there is no bulge of the pupils or the lawsuit. And if he or she happens to in the 18th Congressional District will the optic discs, they know that patient have the deepest pockets under the now have access to health care; and my has a tension headache. They know it’s current law, they could be liable for hospitals, my public hospitals, my perfectly safe to send him or her home the entire judgment; whereas the doc- Texas Children’s Hospital, St. Luke’s, with a prescription to return in 24 tor who practiced below the standard Methodist, Ben Taub, M.D. Anderson hours. But, no, because of these frivo- of care, who has a shallow pocket, will be able to secure compensation in lous lawsuits, they’re going to order a would get off scot-free. uncompensated care. I celebrate the CAT scan that costs $1,500. You mul- I yield back to my friend, and I Affordable Care Act. tiple that time and time and time thank you for the opportunity. But today we’re discussing legisla- again, that’s what this is all about. The Acting CHAIR (Mr. NUGENT). The tion that has already received a veto That’s the problem we’re trying to time of the gentleman from Michigan notice from the President, but we’re solve. has expired. here on the floor of the House dis- For my friend from DeKalb—and he Mr. CONYERS. I yield myself an ad- cussing H.R. 5 and ignoring the fact is my great friend—or my friend from ditional minute, and I thank Dr. that the Affordable Care Act has al- Iowa or, indeed, the former Speaker, GINGREY for his response. ready confirmed health care is vital to the minority leader, Ms. PELOSI, to I ask the author of this bill, H.R. 5, if America, and we in the Congress must come to the floor and very eloquently— the answer to my question of whether protect it. and she is eloquent and speaks with a H.R. 5 eliminates joint and several li- By the way, the Affordable Care Act lot of passion, great ability, a great ability for both economic and non- is a preserver of Medicare and communicator—but to mislead is economic damages is ‘‘yes’’? strengthens Medicare. downright wrong. Mr. GINGREY of Georgia. The an- The truth needs no adjectives, Mr. swer is ‘‘yes.’’ b 2000 Chairman. The truth is what is in the Mr. CONYERS. I thank the gen- But let me tell you what we are fac- PATH Act, H.R. 5. And I say to my col- tleman very much. ing with this legislation that is an- leagues: We need to pass this and do Mr. Chairman, I am now pleased to chored with the component dealing this in a bipartisan way and not worry yield as much time as she may con- with medical malpractice. We have

VerDate Mar 15 2010 04:19 Mar 22, 2012 Jkt 019060 PO 00000 Frm 00057 Fmt 4634 Sfmt 0634 E:\CR\FM\K21MR7.105 H21MRPT1 jbell on DSK7SPTVN1PROD with HOUSE H1486 CONGRESSIONAL RECORD — HOUSE March 21, 2012 seen documentation across States that, gency room doctor ran tests and dis- fordable Care Act, is a bill destined for in fact, medical malpractice is an in- charged her with a bilateral leg pain. the President’s veto. But more impor- surance issue. And even when there is But what really happened is that she tantly, let me try to understand how an attempt to, in essence, dumb down had blood clots around a vein filter. we can have our good friends on the the recovery, we have seen that the in- She got kidney failure. She went un- other side of the aisle have their cake surance companies do not, in essence, conscious. To save her life, two legs and eat it too. reward the physicians. Insurance pre- were amputated. There was definitive I’m celebrating with the celebratory miums are still high, high, high, high, negligence. And it is important to note cake of the Affordable Care Act. I don’t high. How do I know? You can go to the that she sits today with no legs. mind celebrating this Congress’ right State of Texas and ask physicians are What we are suggesting is that we to help save lives. their insurance premiums such that are now intruding into State law, that How do you put a bill on the floor of they’re celebrating today. Yes, there this individual now, under Federal law, the House where you have argued that were some measured declines, but they loses noneconomic damages for pain there is no right for us to be involved are paying high insurance premiums. and suffering and the extent of the neg- in health care, and now you want to Now, in the findings of H.R. 5, our ligence that was promoted and, as well, dash the rights of those who have been friends cite the Commerce Clause and faces a Federal hard hat to prevent her injured through interstate commerce indicate that Congress has a right to from having relief. Now, this is in the and the Congress of the United States write this bill on health care because of State of Texas, and we have tort law of America? Frankly, the complexity the Commerce Clause. As I understand reform that many oppose, but it is a of your argument is such that it makes it, many are pursuing the challenge of State decision. no sense; and, frankly, I hope that my the Affordable Care Act, suggesting we I offered an amendment that would colleagues will join me and applaud the had no authority. But in their own bill, have carved out an exemption for Affordable Care Act, celebrate the ex- the findings cite interstate commerce health care lawsuits for serious and ir- panded life that we have provided, and as the basis of writing this bill. But reversible injury, supported by two of also recognize that those individuals there are some friends over there that my colleagues, Congressman HANK who seek remedy in the marketplace, just caught it, and one of the amend- JOHNSON and Mr. QUIGLEY. It exempted who have been injured by negligence ments from another gentleman from victims of malpractice that resulted in and acts that have been dastardly, are Georgia strikes the findings. This is a irreversible injury, including loss of compensated in a fair and just manner. case of ‘‘have your cake and eat it too’’ limbs and loss of reproductive ability, That is all we ask under the Constitu- because they know that tort law has, from the $250,000 cap. This was not action: due process and the rights of all for a long time, been the prerogative of cepted. Americans. States. What we say today is people like Mr. SMITH of Texas. Mr. Chairman, I So to cite President Reagan when he Connie Spears, children, seniors who yield 2 minutes to the gentleman from gave this seminal talk on tort law in are limited in their noneconomic dam- Georgia (Mr. GINGREY). 1986, his words: ages, now have no basis for punishing Mr. GINGREY of Georgia. Mr. Chair- So over the years, tort law has helped us those who were blatant in their neg- man, I appreciate Chairman SMITH drive the negligent out of the marketplace. ligence, no way of dealing in a punitive yielding to me. And, of course, with This, in turn, has permitted legitimate eco- manner to prevent these kinds of acts great hesitation do I rise, because the nomic innovation to take its course and from happening and recognizing the gentlewoman who just spoke was re- raise living standards throughout the Na- loss of limbs of someone who may have cently rated one of the most eloquent, tion. been unemployed. if not the most eloquent, Members of So the President agrees that tort law My friends cannot have it both ways, this body. drives the negligent out of the arena. that is, challenging the Affordable Care But even though she is eloquent, He then goes on to say, as he put to- Act because they say that interstate with all due respect, I think she is gether this task force: commerce does not allow us to do good, wrong. And with regard to the issue of To be sure, much tort law would remain to but yet coming back in their findings the Commerce Clause and the issue of be reformed by the 50 States, not the Federal to suggest they have the upper hand. the Affordable Care Act, PPACA, and Government. And in our Federal system of Well, I’m going to join my friend on as is sometimes referred to, and not government, this is only right. the other side of the aisle, Mr. JOHN- really pejoratively—if successful, it So my friends cannot deny that H.R. SON, on states’ rights. Today, on H.R. 5, will be his legacy—ObamaCare. 5 implodes State law. It takes away the you literally quash and extinguish authority of States. And removing it states’ rights; and in the course of b 2010 by some late amendment is not going doing so, you quash the rights of in- This bill, Mr. Chairman, was created to make it right. You are going to vio- jured patients, for those that Ronald by forcing individuals to engage in late the rights of Colorado, Florida, Il- Reagan said to get negligence out of commerce; that is, to purchase health linois, Maryland, Michigan, Texas, and the marketplace, out of the way of insurance, under the penalty or a tax— West Virginia that have enacted their those who need care so that the good I’m not sure from day to day how own medical malpractice damage caps. can rise up. they’re going to describe it, but with- You are going to implode the rights of So I would make the argument that out question that’s not constitutional. Connecticut, Iowa, New York, Oregon, we’re now debating in a conflicted And I expect maybe it will be a 5–4 de- and Tennessee that have expressly cho- manner. I don’t know what the posi- cision in June of the Supreme Court, sen not to limit. And in this bill, if you tions of Republicans are. They want to but maybe 9–0, because that is clearly have not limited it, then you are get rid of the Affordable Care Act, unconstitutional. It is not applicable capped. In this bill, you rid the rights which was premised on interstate com- under the Commerce Clause to force of those States that have not capped, merce, the authority of Congress. They people to engage in commerce. The and the flexibility only comes if you come right back at our 2-year anniver- Constitution says to regulate inter- have capped and it is higher than what sary, celebrating people who are living state commerce. we have, and you obliterate constitu- because of the Affordable Care Act, and Of course, that is very much applica- tional State law that has its own caps. now want to place their hat on doing ble in H.R. 5, in the Medical Liability So this is not as black-and-white as this on interstate commerce. I want to Reform Act. Because when you have a my good friends would like to make it. know where all the states’ rights advo- situation in health care where there is We are riding in on the high horse, and cates are and why you are abolishing no provision for certain medical spe- we are not? and eliminating constitutional State cialties in a high-risk area like neuro- For example, in my State of Texas, law, why you are eliminating statutory surgery, obstetrics and gynecology, on May 29, 2010, Connie Spears went to law where individual States have ex- cardiovascular surgery, where babies a hospital reporting excruciating leg pressed their will. have to be delivered beside the road. pain. This was all too familiar due to I believe this bill, along with the The Acting CHAIR. The time of the her previous blood clots. The emer- component that wants to dash the Af- gentleman has expired.

VerDate Mar 15 2010 04:19 Mar 22, 2012 Jkt 019060 PO 00000 Frm 00058 Fmt 4634 Sfmt 0634 E:\CR\FM\K21MR7.107 H21MRPT1 jbell on DSK7SPTVN1PROD with HOUSE March 21, 2012 CONGRESSIONAL RECORD — HOUSE H1487 Mr. SMITH of Texas. I yield the gen- form—and you’re trying to abolish it, economic damages and limiting attor- tleman 2 additional minutes. and with this added legislation on med- neys’ fees so more money will actually Mr. GINGREY of Georgia. I thank ical malpractice you’re now trying to go to the victims rather than over- the gentleman for yielding. supersede existing State law. zealous trial lawyers. But clearly the gentlelady from The Acting CHAIR. The time of the These reforms will save taxpayers Texas—and I think she knows this. gentlewoman has expired. over $40 billion over the next decade. Texas has enacted tort reform. They Mr. CONYERS. I yield the gentlelady Everyone knows that we need to do have caps that are different in fact 1 additional minute. something about rising health care than originally existed in California 35 Ms. JACKSON LEE of Texas. Where costs, and this bill and taking care of years ago. The result in Texas, if all of the amounts of moneys are not capped, the medical malpractice problems that my colleagues from Texas on this side where there are no caps, this bill places we have will go a long way in getting of the aisle are truthful with me, is the $250,000 in. If there are no caps. those costs under control. This bill will that the problem in Texas has sta- That is an overriding of State law. No give every Member of this House the bilized. Physicians are coming back to matter how you cut it, it’s an over- opportunity to be part of the solution. Texas. There’s no shortage of special- riding of State law enforcement. And I urge my colleagues to vote ‘‘yes’’ ists because of the law that was passed you can’t have your cake and eat it, on H.R. 5. in Texas. too. I’m willing to celebrate the Af- Mr. CONYERS. I yield such time as And I want to point out to the gen- fordable Care Act and eat the cake be- she may consume to a senior member tlewoman, too, that in this bill there is cause it saves lives. But what you’re of the Judiciary Committee, MAXINE a provision called flexi-caps that basi- doing here now is not. You’re over- WATERS of California. cally says whatever a State does pre- riding State laws. Many States. Ms. WATERS. Thank you very much, empts Federal law in regard to caps on Mr. SMITH of Texas. Mr. Chairman, I Mr. CONYERS, former chair of the Judi- noneconomic, as well as contingency yield 4 minutes to the gentleman from ciary Committee, ranking member, and fees for plaintiffs’ attorneys, or any Arizona (Mr. QUAYLE), who is an active a gentleman who has provided superb other provision of the law. State law member of the Judiciary Committee. leadership in opposition to H.R. 5. prevails if they address that either be- Mr. QUAYLE. I thank the gentleman Mr. Chairman, I rise in strong opposi- fore this bill is passed or after the bill for yielding and for his work on this tion to H.R. 5, poorly titled Protecting is passed. important piece of legislation. Access to Healthcare, the so-called Ms. JACKSON LEE of Texas. Will the Mr. Chairman, I rise in support of PATH Act, an unconstitutional, Big gentleman yield? H.R. 5, the PATH Act, because our Government bill that violates the 10th Mr. GINGREY. The gentlelady is elo- country is in urgent need of medical Amendment and states’ rights. quent but she’s wrong on this issue, malpractice reform. Currently, we have and I will yield to her. a jackpot justice system that is not Ms. JACKSON LEE of Texas. Dr. based in reality, and it’s badly dam- b 2020 GINGREY, thank you for your kindness aging our country’s health care sys- At the very start of the 112th Con- and your kind words. I would say that tem. Profiteering attorneys know this. gress, my colleagues on the opposite rather than being wrong, we disagree. And that’s why the number of mal- side of the aisle declared that all busi- But what I would say is, if you do not practice suits has been precipitously ness conducted in the House would be have a cap, then this bill will supersede rising year after year. consistent with the Constitution. Yet the laws in States that say they have Back in the 1960s, one out of seven if you read the constitutional author- no caps. And the only thing I would physicians would have had a mal- ity statement attached to H.R. 5, the conclude on is that your bill is pre- practice claim over their entire life- Republican sponsors seem to believe mised, even though you’re citing the time. Today, it’s one in seven physi- that the Commerce Clause magically individual mandate—and we can quar- cians are sued each year. That is an as- creates a path for Congress to mandate rel about that as to whether or not it tronomical jump in the number of nationwide caps on punitive damages is a forced-upon mandate or whether claims that are being put on doctors. in all medical malpractice lawsuits. there are options of that individual And the doctors are now being forced The Republicans are telling all Ameri- having employer-based insurance, et out of the profession even when they cans, no matter how severe the injury cetera—but it is premised on interstate haven’t done anything wrong. The or egregious the mistake by the doctor, commerce. And therefore you have an practice of defensive medicine is harm- hospital or drug manufacturer, that amendment being offered by one of ing the quality of care and pushing up their losses are going to be capped at your members to strike that. costs. The enormous expense of ensur- $250,000. The Acting CHAIR. The time of the ing a doctor against liability is making And with all due respect to the gen- gentleman has expired. health care inflation much worse, not tleman from Georgia, Representative Mr. CONYERS. Mr. Chair, I yield the to mention the fact that the current GINGREY, who introduced H.R. 5, even gentlelady 1 additional minute. system is damaging the doctor-patient his own State supreme court has found Ms. JACKSON LEE of Texas. I thank relationship. It damages it in a way be- caps on punitive damages to be uncon- the gentleman. cause every doctor has to see every stitutional. In 2010, the Georgia su- The premise of this bill is interstate interaction with the patient as a po- preme court unanimously struck down commerce, which in the initial argu- tential lawsuit. That is not what the limits on jury awards in medical mal- ments being made by my friends on the doctor-patient relationship should be practice cases. The Georgia court de- other side of the aisle, they argued vig- built on. It should be built on mutual termined that a $350,000 cap on non- orously that we couldn’t even do respect and trust. And until we have economic damages violates the right to health care under this premise, even something that actually addresses the a jury trial as guaranteed under the though we have Medicare. The premise medical malpractice problems that we Georgia Constitution. you have in this bill is under interstate have and we get the reforms that are Section 110(a) of H.R. 5 would impose commerce. But you have an amend- much needed, that actual relationship an even lower cap on damages in Geor- ment that is seeking to strike your is never going to improve. gia, effectively overturning the court’s findings because you were caught with So I urge the House to pass the PATH decision by an act of Congress. The sec- a conflict between dealing with this Act because it will do two vital things tion reads: question congressionally, which we’re to get health care costs under control: The provisions governing health care law- saying is legitimate from the perspec- First, it would eliminate ObamaCare’s suits set forth in this Act preempt, subject tive of the Affordable Care Act—you’re Independent Payment Advisory Board to subsections (b) and (c), State law to the trying to use it now—but you realize and thereby keep a board of unelected, extent that State law prevents the applica- that there are Members who are now unaccountable bureaucrats from re- tion of any provisions of law established by arguing the question of states’ rights. stricting senior access to health care. or under this Act. We have existing State law on tort It also brings medical malpractice law- In addition to Georgia, other States reform—hundreds of years of tort re- suits under control by capping non- like Arizona, Pennsylvania, Wyoming

VerDate Mar 15 2010 04:19 Mar 22, 2012 Jkt 019060 PO 00000 Frm 00059 Fmt 4634 Sfmt 0634 E:\CR\FM\K21MR7.108 H21MRPT1 jbell on DSK7SPTVN1PROD with HOUSE H1488 CONGRESSIONAL RECORD — HOUSE March 21, 2012 and Kentucky whose State constitu- against drug companies, nursing my testimony this evening a defense tions specifically prohibit damage limi- homes, insurance companies and and an explanation and show the dif- tations will have their constitutions HMOs. MICRA only applies to mal- ference between MICRA and H.R. 5. overruled by Congress. practice cases against a doctor or a I think I have done that, and I think For Members who have for years now hospital. I have done that with the facts that questioned the constitutionality of the Punitive damages are reserved for exist. I am very pleased that I have Affordable Care Act, you need but take only the most egregious medical mal- been able to join with my colleagues a look at H.R. 5. H.R. 5 goes far beyond practice; they are meant to deter fu- this evening to not only reveal what anything passed by the Democratic ture dangerous conduct. H.R. 5 limits H.R. 5 is and is not, but I think we have majority. If you don’t believe me, just punitive damages. MICRA does not cap made the case. I think that we have listen to Tea Party Nation founder punitive damages. put the facts forward in such a way Judson Phillips. In slamming H.R. 5 he H.R. 5 gives total immunity from pu- that we’re going to win on this issue. I wrote: nitive damages to drug and device ask you to oppose H.R. 5. Whether you think tort reform is a good manufacturers if their products have Mr. SMITH of Texas. Mr. Chairman, I idea or not, it is an issue that belongs to the been approved by the FDA or are ‘‘gen- yield such time as he may consume to States, not to the Federal Government. Tort erally recognized as safe and effec- the gentleman from Georgia, Dr. law has always been governed by the States. tive.’’ MICRA does not provide this GINGREY. Now, I didn’t say that, Mr. CONYERS kind of sweeping immunity for the b 2030 didn’t say that, and Ms. JACKSON LEE drug industry. didn’t say that. None of those who have H.R. 5 caps noneconomic damages at Mr. GINGREY of Georgia. Mr. Chair- been over here this evening opposing $250,000 in the aggregate, no matter man, I thank Chairman SMITH for H.R. 5 and laying out the facts and the how many parties have been damaged yielding to me. consequences of H.R. 5 said this. Let by medical malpractice, even when an As good a communicator as the gen- me repeat. I am quoting Tea Party Na- injury results in loss of a marital rela- tlewoman from California is, I would be tion founder Judson Phillips: tionship. California law recognizes a quick to state that she is not the Great Whether you think tort reform is a good separate claim for loss of consortium— Communicator. The Great Communi- idea or not, it is an issue that belongs to the claims brought by the spouse of an in- cator, of course, was President Ronald States, not to the Federal Government. Tort jured patient. MICRA does not limit Reagan. law has always been governed by the States. these claims. The gentlewoman from California Even some of my Republican col- Joint and several liability, which my talked about comments that were leagues on the Judiciary Committee leader asked you about, Mr. GINGREY, made on my side of the aisle, members have expressed concerns. Congressman enables an individual to bring one of the Judiciary Committee, and POE, Republican from Texas said: claim against any of the parties in- named a couple of Members on my side I believe that each individual State should volved in a medical malpractice injury of the aisle that were concerned about allow the people of that State to decide—not and ensures that injured victims are federalism and the 10th Amendment the Federal Government. If the people of a fully compensated. H.R. 5 completely and states’ rights. I just want to re- particular State don’t want liability caps, mind her that, at least from our per- that’s their prerogative under the 10th eliminates joint liability for both eco- Amendment. nomic and noneconomic losses. Cali- spective—and the gentlewoman may not agree with this at all—but from Well, let’s listen to what Congress- fornia law only limits joint liability our perspective on this side of the man LOUIE GOHMERT, Republican of for noneconomic damages. aisle, the Great Communicator was Texas, said: H.R. 5 and MICRA are alike in one main respect—by themselves, neither President Ronald Reagan. The right of the States for self-determina- In a speech in 1986 to the U.S. Cham- tion is enshrined in the 10th Amendment. I law can deliver on lower medical mal- am reticent to support Congress imposing its practice insurance premiums. ber of Commerce, after a commission will on the States by dictating new State H.R. 5 includes unprecedented legal had reported to him on this issue of law in their own State courts. protections for the insurance industry, medical liability reform and the need To my conservative colleagues in but no guarantee that any future sav- for same, the President very clearly this Chamber, don’t be tricked. Don’t ings will be passed onto doctors or pa- outlined almost the identical provi- be fooled. H.R. 5, simply and clearly tients. sions that are part of MICRA, the Med- put, violates states’ rights. Reject this Following the passage of MICRA, in- ical Injury Compensation Reform Act, unconstitutional piece of legislation, surance premiums for doctors in- that was passed in his State that he protect States’ constitutional rights to creased in California by 450 percent governed for 8 years, the great State of set tort law and just vote ‘‘no’’ on H.R. over the next 13 years. Premiums only California. So, again, the gentlelady 5. decreased after California enacted makes her points well; but, quite hon- Now, let me just wrap this up by say- Proposition 103, a ballot initiative that estly, I think there’s a bit of embellish- ing that the gentleman from Georgia mandated a 20 percent rollback in pre- ment on their side of the aisle. referred over and over again, con- mium rates. I was in the California leg- Who do you trust? The gentleman stantly, this evening about frivolous islature when that happened. from Arizona (Mr. QUAYLE) just spoke Californians. And he talked about H.R. 5 does not guarantee lower pre- moments ago, Mr. Chairman, about these juries who didn’t take into con- mium rates for doctors. In fact, the bill who do we trust. Well, right above you, sideration the facts on these negligence only mentions insurance companies as you sit there, first of all, ‘‘In God cases, but rather looked at the insur- when giving them protection from li- We Trust.’’ In mom and dad we trust. ance and said, oh, just give them what- ability. In Dr. Bailey, Augusta, Georgia, we ever, they didn’t care. Well, I came to So, again, I say, don’t be fooled, don’t trust. In uncle we trust, but that’s way defend California and to tell you the be tricked. I don’t really mean to down the line, way down the line. difference between what happened in imply, Mr. GINGREY, that you are try- I think our colleagues on the other tort reform in California and what you ing to fool or trick anybody, but you’re side of the aisle think that Big Govern- have been told by the gentleman from simply wrong. We have given our oppo- ment should control everything, that Georgia. sition in more ways than one this they should make the decisions. That’s Supporters of H.R. 5 claim that it is evening to H.R. 5. But since you al- where ObamaCare came from. To do it, the same as MICRA, a medical mal- luded to or talked about or pointed di- they had to proffer a 2,800-page bill practice liability law passed in Cali- rectly to California and all of these that is clearly unconstitutional. fornia in 1975. H.R. 5 is far different people who simply have frivolous law- H.R. 5 is not unconstitutional. You from MICRA, except that neither law suits and these poor juries who sit and look at article I, section 8, clause 3, the delivered on lower insurance pre- don’t take into consideration the facts Commerce Clause, and clearly it’s con- miums. The differences are clear: and simply look at how much insur- stitutional. Requiring someone, forcing H.R. 5 applies damage caps in all ance is available and just award these someone to engage in commerce, in- ‘‘health care lawsuits,’’ including cases tremendous amounts, I had to add to deed, to purchase health insurance

VerDate Mar 15 2010 04:19 Mar 22, 2012 Jkt 019060 PO 00000 Frm 00060 Fmt 4634 Sfmt 0634 E:\CR\FM\K21MR7.109 H21MRPT1 jbell on DSK7SPTVN1PROD with HOUSE March 21, 2012 CONGRESSIONAL RECORD — HOUSE H1489 under the penalty of a tax is unconsti- fatal flaw in a bill that may have some America’s broken medical liability sys- tutional, and that will be determined justification in other parts of it, but tem has caused patients to lose access by the Supreme Court. that limitation of damages cannot be to high-quality health services. Mr. CONYERS. Mr. Chairman, we rationalized nor justified by the collec- The liability reforms contained in have no further requests for time. With tive body of this legislature. For that the HEALTH Act will do these things: the agreement of the chairman of the reason, sir, I am urging all of our col- lead to a significant savings in health committee, I would like to close at this leagues to consider this one point that care expenses, reduce the practice of point. I make tonight, as I close, as to be con- defensive medicine, halt the departure Mr. SMITH of Texas. Mr. Chairman, trolling in their decision that they will of doctors from high-litigation States we have no other speakers as well, and make as we vote tomorrow on this bill. and medical specialties, improve access I am prepared to close on this side. I thank all of the Members that have to health care, and increase the afford- The Acting CHAIR. The Chair recog- joined in this debate this evening. ability of health insurance. Also, ac- nizes the gentleman from Michigan. Mr. Chairman, I yield back the bal- cording to the Congressional Budget Mr. CONYERS. I’d like to thank all ance of my time. Office, this legislation will reduce the of the Members on both sides of the Mr. SMITH of Texas. Mr. Chairman, I Federal deficit by more than $45 billion aisle that have participated in this im- yield myself the balance of my time. over the next 10 years. This is a signifi- portant debate. There has been a lot of Mr. Chairman, I just want to reem- cant savings in a time of escalating clarity, even though there has been a phasize again that, under this bill, deficits and debt. great difference in opinion. awards are possible that far exceed the We’ve seen the positive effects that I return the balance of my time with $250,000 cap in noneconomic damages. similar medical liability reforms have this thought in mind, that even though That’s because under the economic had at the State level. Reforms in the author of this bill is a well-re- damages provision, there is simply no States like California and Texas have garded medical practitioner and a dis- cap. As a result of that, States like enhanced patient care, reduced doctor tinguished Member of the body, he is a California and Texas, which have shortages, and decreased cost. It’s time doctor, but he is not a lawyer. adopted reforms very similar to the re- for Congress to enact these reforms for I commend him on the fact that he forms in this particular piece of legis- the benefit of all Americans. agreed with the statement that to me lation, there have been numerous Mr. Chairman, before I yield back the determines a lot of people’s point of awards of multimillion dollars awarded balance of my time, I’d like to thank view about this very controversial bill to individuals who have been injured. the gentleman from Georgia, Dr. that is now before the floor, H.R. 5. b 2040 GINGREY, who has spoken so well so That is, he agreed and answered in the many times tonight, for introducing affirmative that H.R. 5 eliminates joint So even though we had that $250,000 this piece of legislation that is going to and several liability for economic, non- noneconomic cap, that is not an abso- help so many people across America. economic, and punitive damages. To lute cap on the awards that have been With that, I yield back the balance of me, with all the cases that have been of made. my time. human suffering, of injury to women A minute ago, Dr. GINGREY men- Ms. SCHWARTZ. Mr. Chair, I rise in opposi- and children, of how wrong it would be tioned that in California, for example, tion to the bill before us. to limit all of these kinds of damages several years ago, I believe it was 2007, H.R. 452, the Medicare Decisions Account- to $250,000 in this 21st century is an in- there was a $96 million award. And in ability Act, had clear bipartisan support. sult to common sense and fair play. the last year for which we have As a co-sponsor, I am deeply disappointed Mr. GINGREY of Georgia. Will the records, in 2010, there were awards, I by Republicans’ decision to link this legislation ranking member yield? think, for over $6 million, over $10 mil- to an unrelated and partisan issue. This rule Mr. CONYERS. I will yield to the lion, over $14 million. So an individual ensured that repealing IPAB would not be gentleman. is able to be reimbursed for the costs given serious consideration in the House. Mr. GINGREY of Georgia. I appre- and the injuries that that individual My support for IPAB repeal reflects my con- ciate very much you yielding to me for may have incurred. fidence in and commitment to Medicare pay- that, because clarification needs to be Mr. Chairman, I also want to say ment and delivery system reforms in the Af- made. that America’s medical liability sys- fordable Care Act that will improve quality, in- You’re suggesting that what I said tem increases the cost of health care crease efficiency and care coordination, and was there would be a limitation of and decreases access to care as doctors not only save lives but reduce costs. $250,000 because of the elimination of abandon their practices and avoid high- IPAB is not a ‘‘death panel’’ or a ‘‘rationing joint and several liability. That’s not risk specialties out of fear of being board.’’ IPAB is simply the wrong approach to true at all. Whatever the judgment is, sued. Medical liability reform, this bill the right goal. the $250,000 in noneconomic, the $10 tonight will solve this problem. Abdicating responsibility for legislating million in economic, would be appor- According to the Journal of the sound health care policy, whether to an tioned to the defendants in proportion American College of Surgeons, 5 years unelected commission or private insurers, un- to their liability. That’s what the after tort reform legislation passed in dermines our ability to represent the needs of elimination of joint and several liabil- my home State of Texas, the number of our constituents. ity means, eliminating this deep-pock- physicians in the State increased by 24 Republicans have once again demonstrated et mentality of plaintiff’s attorneys. percent. That is twice the rate of that political showmanship trumps legitimate Mr. CONYERS. Well, through the growth in population over the same pe- concerns expressed by seniors and the med- Chairman, I accept the comments of riod of time. Other States have seen ical community. the gentleman from Georgia. I assume similar results. Linking IPAB repeal to tort reform—an unre- that his response to my question ear- But most States have not enacted lated, divisive, and polarizing issue—has lier is still ‘‘yes.’’ If that is the case, meaningful reforms and, as a result, brought what was once a bipartisan effort to a then all I can say is that I think there frivolous lawsuits have created a med- screeching halt. are very few people in the Federal leg- ical liability crisis. This crisis has I urge my colleagues to vote against this islature or among our citizenry who forced women to drive great distances partisan stunt and put our Nation’s seniors would say that there should not be an to deliver their babies because their first. unlimited amount of recovery. The local hospital doesn’t have an OB–GYN. Mr. FITZPATRICK. Mr. Chair, over the gentleman must have some feeling for It has resulted in those who need course of the last 2 years since the President the fact that $250,000 for the rest of the complicated procedures being placed on signed the so called Affordable Care Act into person’s life, if they lose arms or legs, waiting lists for months because the law, bipartisan opposition to many portions of eyes, it’s just unacceptable. I won’t say only available specialist has too many this legislation has steadily grown in this that it’s immoral, but it’s unfair. patients who seek care, and it has Chamber. It’s my hope that most of our col- caused accident victims to lose their I have called for a full repeal of the law, leagues, as we continue this debate to- lives because their local emergency however, it is vital that the most damaging morrow, will realize that that is the room no longer has a trauma center. sections be repealed here and now. One of

VerDate Mar 15 2010 05:47 Mar 22, 2012 Jkt 019060 PO 00000 Frm 00061 Fmt 4634 Sfmt 9920 E:\CR\FM\K21MR7.110 H21MRPT1 jbell on DSK7SPTVN1PROD with HOUSE H1490 CONGRESSIONAL RECORD — HOUSE March 21, 2012 the most clearly flawed aspects of the Afford- can’t afford to pay the cost of the truth. In fact, the Affordable Care Act able Care Act is the creation of the Inde- emergency room, and that cost simply expands benefits for seniors under pendent Payment Advisory Board. gets passed on to the hospital or, ulti- Medicare in many significant ways. As the House puts forward ideas to protect mately, to everyone else who is paying But it’s particularly interesting that and save Medicare, the Administration has de- for health insurance. I hear that from the other side of the cided it can better serve seniors by cutting So basically, what the Affordable aisle, from the Republican side of the Medicare by more than $575 billion to create Care Act does over the next few years aisle this week because, on Tuesday, a panel of unelected, unaccountable Wash- is try to expand insurance coverage to the Republicans unveiled their budget ington bureaucrats tasked with cutting Medi- something like 98, 99 percent of all for the next fiscal year. care even further. Americans, taking up those 45 million b 2050 More than 230 of my colleagues in the people and, for the most part, making Once again as they did last year in House and over 380 groups representing doc- sure that they have health insurance. last year’s budget, the Republican tors, patients and employers have joined us in It does that in two basic ways: First of all, it expands Medicaid, budget this year essentially gets rid of opposition to the IPAB. I urge the Senate and Medicare, or what I would say ends tra- President to stand with us against this over- which is the health insurance program for people below a certain income. ditional Medicare. So it’s kind of reach of government power and pass the Pro- strange to hear the Republicans talk About 15 million Americans who have tecting Access to Healthcare Act. about Medicare and the Affordable The Acting CHAIR. All time for gen- no health insurance now would be eligi- Care Act since the Affordable Care Act eral debate has expired. ble for Medicaid under the Affordable actually expands benefits for seniors Mr. SMITH of Texas. Mr. Chairman, I Care Act over the next few years when under Medicare, whereas they unveiled move that the Committee do now rise. it kicks in. their budget this week that actually The motion was agreed to. In addition to that, for the rest of the abolishes, for all practical purposes, Accordingly, the Committee rose; Americans who have no health insur- Medicare as we know it. ance, most of them are people that ei- and the Speaker pro tempore (Mr. What the Republican budget does, ther don’t get it on their job, they’re GRIFFITH of Virginia) having assumed once again, is say to seniors, Well, the chair, Mr. NUGENT, Acting Chair of not eligible, or they’re not offered we’re going to give you a voucher. the Committee of the Whole House on health insurance by their employer, or We’re going to give you a certain the state of the Union, reported that they may be individuals who are em- amount of money through a voucher, if that Committee, having had under con- ployed on their own or at home or not you will, and you can take that and go sideration the bill (H.R. 5) to improve employed in some capacity. They have out and buy private insurance instead patient access to health care services a very hard time buying a health insur- of getting the guaranteed benefit under and provide improved medical care by ance policy on what we call the indi- Medicare that seniors now have. reducing the excessive burden the li- vidual market. So what the Affordable The problem with a voucher is that ability system places on the health Care Act does, it sets up exchanges in it’s a fixed amount of money, and it’s care delivery system, had come to no every State, or throughout the coun- not all clear that seniors can buy resolution thereon. try, where you can get a very good health insurance with a voucher. But f package for a reasonable price, a very even if they could, because it’s a fixed low-cost price, and, at the same time, amount of money and it doesn’t in- THE AFFORDABLE CARE ACT: it provides a subsidy through tax cred- KEEPING SENIORS HEALTHY crease significantly over the years, its to many Americans, depending upon what you’ll find with that voucher is AND REDUCING HEALTH CARE their income. COSTS that more and more seniors would have We estimate for a family of four to pay out of pocket either to purchase The SPEAKER pro tempore. Under making up to $70,000 or $80,000 a year the insurance because the voucher is the Speaker’s announced policy of Jan- would be eligible for some sort of sub- not enough or because they probably uary 5, 2011, the gentleman from New sidy or tax credit that would make can’t get a decent package equivalent Jersey (Mr. PALLONE) is recognized for their health insurance policy more af- to the Medicare guarantee, and there- 38 minutes as the designee of the mi- fordable. So essentially, what we do is, fore would have to pay out of pocket nority leader. between expansion of Medicaid and the for certain costs that are not covered Mr. PALLONE. Mr. Speaker, I don’t subsidies, if you will, and the low-cost by the health care plan that they pur- plan to use the entire time, but I come insurances offered now on these ex- chased with the voucher. to the floor this evening basically to changes around the country, most peo- So it’s sort of ironic to hear the Re- talk about the Affordable Care Act. ple would end up with health insur- publicans talk about the Affordable Some call it the health care reform. ance. Care Act and suggest that the Afford- This Friday will be the second anni- Now, what I wanted to talk about able Care Act should be repealed be- versary of the President’s signing of today are some of the benefits, if you cause of its impact on Medicare when the Affordable Care Act, or health care will, that have already kicked in for in fact they’re doing their best under reform, and I’d like to talk a little bit various groups of people, particularly the budget to basically end Medicare as about how it’s helping so many people seniors. I wanted to start with seniors we know it. with patient protections and added because many seniors, as you know, be- Let me talk a little bit about some of benefits, whether you’re talking about cause they’re on a fixed income, have a the benefits. seniors or young people or women or hard time making ends meet. Often- I want to talk about how the Afford- just the general public. times, they can’t afford their rent, able Care Act helps seniors, and then a The main thing that is heralded, if they can’t afford food, and for them to little bit about how it helps women, you will, by the Affordable Care Act is take extra money out of pocket to pay and then a little bit about how it helps the opportunity over the next few for health care costs is oftentimes very young people. years to expand health insurance to so difficult, and they have to make Of course, it helps everybody by sim- many Americans who do not have choices between heat or food as op- ply expanding health care coverage for health insurance now. We estimate posed to health care. those who don’t have health insurance. there are variously between 40, maybe One of the things that I really want But the benefits, in particular, I 45 million Americans that simply have to stress today, because I listened in want to talk about and start with sen- no health insurance; and what that the last few nights, because of the an- iors. means is they either don’t go to a doc- niversary of the Affordable Care Act I mentioned before that no group has tor or they don’t get any kind of health coming up on Friday, I’ve heard some been hit harder by soaring health care care unless they get very sick and end of my colleagues on the Republican costs than seniors. With the economy up going to the emergency room. The side of the aisle actually suggest that struggling over the last several years, consequences of that is that they take somehow the Affordable Care Act was seniors have suffered even more as no preventative care. They end up in going to negatively impact Medicare. they’ve watched many of their pen- the emergency room. Oftentimes, they Nothing could be further from the sions and investments dwindle, making

VerDate Mar 15 2010 05:47 Mar 22, 2012 Jkt 019060 PO 00000 Frm 00062 Fmt 4634 Sfmt 0634 E:\CR\FM\A21MR7.033 H21MRPT1 jbell on DSK7SPTVN1PROD with HOUSE March 21, 2012 CONGRESSIONAL RECORD — HOUSE H1491 the cost of addressing their health care Medicare. There is. But the Affordable authorization or referral for access to needs even more challenging. Care Act has significantly cracked OB–GYN care. Health care reform also Now, as a result of the Affordable down on a lot of that fraud, $4.1 billion requires insurance plans to cover im- Care Act, some of the financial burdens in fiscal year 2011. portant preventative services, includ- plaguing seniors trying to manage Now, I mention this again by way of ing critical immunizations, numerous their health care needs have been alle- contrast. Here we are in the Affordable health screenings, and counseling serv- viated. Care Act expanding benefits, making it ices, with no cash cost-sharing by For example, all Medicare bene- so seniors don’t have to pay more, and women. ficiaries now have access to preventa- what are the Republicans doing with Women in new private plans under tive care and services without any their budget? They have a budget that the Affordable Care Act, they provide copay, coinsurance, or deductible. basically says we’ll give you a voucher. free coverage of important lifesaving Many times you will find that seniors You go out and buy your health insur- preventative services. won’t even access health care because ance. If you can’t afford it, you have to But the other thing that would often of the copay, which is about 20 percent pay the difference. The basic guarantee happen is that many health insurance in most cases. of Medicare and a good benefit package plans have what they call lifetime dol- So now services like annual wellness simply won’t be there, and seniors will lar limits on health benefits so that if visits, cholesterol and other cardio- just end up paying more out of pocket. a woman—this would be true for any- vascular screenings, mammograms, Now, I wanted to talk a little bit one if they have that lifetime dollar cervical cancer screenings, prostate about how the Affordable Care Act lev- limit in it—but oftentimes it was ap- cancer screenings are completely free els the field for women’s health care plied to women in particular; that if of charge to seniors. No copay. The fact because we know that traditionally in you spent a certain amount of money of the matter is that the Affordable health care there has been a huge gen- on your health care over your lifetime, Care Act expands benefits for seniors, der gap. that was it. You didn’t get any more makes it so seniors pay less. A report issued this week from the coverage under your plan. So that is More than 32.5 million seniors na- National Women’s Law Center shows also prohibited under the Affordable tionwide have received one or more that more than 90 percent of the best free preventative services, and 2.3 mil- Care Act. selling health plans still charge women Now, I just mentioned those few lion seniors have already received a more than men for the same coverage free annual wellness visit to their doc- things that apply to women because just because women use more health tor, which again is a critical step in there really continues to exist a gender services. The health care law, the Af- preventing a more serious illness be- gap but that will be closed and elimi- fordable Care Act, will prohibit this cause if the senior citizen goes for the nated under the Affordable Care Act discriminatory practice, which we call annual checkup or has some of these when it completely kicks in. gender rating, beginning in 2014. So preventative services free of charge, Now, the last group I wanted to men- that when the Affordable Care Act then that avoids them having to get tion just because I always felt that fully kicks in, this gender gap will sim- sicker, ending up in a nursing home or many times in Congress we don’t pay a ply disappear. ending up in a hospital. lot of attention to kids, and I felt that The most important thing, though, Now, you might say to yourself, well, it’s very important for us to recognize in terms of expansion of benefits under how is that possible? It’s mainly be- the fact that policies and the practices the Affordable Care Act for seniors is cause insurers have considered millions and the laws don’t necessarily help the closing of the Medicare part D of women as having what we call pre- children, and children are very vulner- doughnut hole. existing conditions. In other words, able. It’s like, the seniors are vulner- Seniors before the Affordable Care they were denied coverage or they were able, the children are vulnerable. Act would run out of their part D bene- charged more for having had breast One of the things that’s significant fits on the average by September of the cancers, Cesarean-section childbirth, about the Affordable Care Act, it really year. In other words, if they spent having even been pregnant. Some poli- makes a difference for children in more than $2,500 approximately on cies would charge women more because terms of keeping them healthy and drugs, they wouldn’t get any help they were pregnant or consider that a also keeping them insured. preexisting condition. Or for being vic- under Medicare part D until they got b 2100 to a higher catastrophic level of $5,000. tims of domestic abuse, for example. So that was the doughnut hole, that So denying women insurance on And a lot of times Americans have to gap when they weren’t getting any these grounds is unconscionable, and make choices with regard to their kids money to help pay for their prescrip- thanks to the Affordable Care Act, be- about whether they can afford health tion drugs. ginning in 2014, women will no longer care services because of the prohibitive What the Affordable Care Act does is be denied coverage by any insurers cost of insuring children. it closes the Medicare part D doughnut based on these preexisting conditions, Under the old system, before the Af- hole and provides a 50 percent discount and they can’t be charged more be- fordable Care Act, sick children were on brand name drugs. 3.6 million sen- cause of the preexisting conditions. often denied health coverage if their iors have already received the dis- Now, we’ve seen again by contrast, parents were forced to change insur- count, saving a total of $2.1 billion, what have the Republicans been doing? ance because they either switched or with each senior saving an average of They say repeal the Affordable Care lost their jobs. Insurance companies $604. Act, which would let these preexisting declined or dropped coverage for chil- Now, by 2020 that doughnut hole is conditions and this gender gap con- dren when young adults got sick or had closed completely. Now it’s a 50 per- tinue. But beyond that, over the last an accident. That’s no longer the case. cent discount, but gradually that will year or so, we’ve seen the Republicans Under the Affordable Care Act, basi- close by 2020 when all their drugs are essentially declare war on women, and cally there is a prohibition on insurers covered and the doughnut hole ceases I just want to give you an example. denying coverage of children under age to exist. One of the ones that has received the 19 for having a preexisting children. I also want to stress that the Afford- most attention lately are these at- Up to 17 million children with pre- able Care Act has cracked down on tempts by the Republicans to block ac- existing conditions are now protected fraud in Medicare. In fiscal year 2011, a cess to contraception. I don’t know from that type of discrimination. Cur- joint anti-Medicare fraud task force of how far they’re going to go in terms of rently, there are 7.3 million American the Health and Human Services De- denying women coverage, but that’s children without any health insurance. partment, Department of Justice, re- one of the things that we’ve seen in the Beginning in 2014, the law will provide covered more than $4.1 billion in fraud- headlines for the last few months or so. access to quality coverage. That’s ac- ulent Medicare payments on behalf of Let me give you some other examples complished again by expanding Med- taxpayers. under the Affordable Care Act. Insur- icaid coverage and also by providing af- A lot of times, my senior citizens will ance companies are now prohibited fordable insurance on these exchanges say to me well, there’s a lot of fraud in from requiring women to obtain a pre- with a tax credit or some kind of help

VerDate Mar 15 2010 05:47 Mar 22, 2012 Jkt 019060 PO 00000 Frm 00063 Fmt 4634 Sfmt 0634 E:\CR\FM\K21MR7.113 H21MRPT1 jbell on DSK7SPTVN1PROD with HOUSE H1492 CONGRESSIONAL RECORD — HOUSE March 21, 2012 from the Federal Government to pay I can give you more statistics, but I seeking that are over 10 percent. And for the insurance. just want to point out that these bene- the Department of Health and Human The other thing I wanted to point fits under the Affordable Care Act are Services has rate review authority to out, though—and this is really signifi- impacting constituents in every dis- publicly deem these increases to be un- cant because, again, it has kicked in trict in the country, not just mine. Not reasonable, and they’ve done that in a and I’ve had many of my constituents only the thousands of people in my dis- number of States. The health care law come up to me and mention it—is that trict, but all over the country, millions also provides $250 million in health the Affordable Care Act requires health of people. care insurance rate review grants to plans to allow parents to keep children I just wanted to talk a little bit the States to make them enforce and under age 26 without job-based cov- about the cost issue, because I always keep premiums down. erage on their family’s coverage and hear the Republicans say, Oh, your Finally, under the health care law, give millions of parents and young costs are going to go up because of the insurers must spend at least 80 percent adults the peace of mind that they can Affordable Care Act. In fact, costs for of premiums on medical care and qual- start their lives and careers without health insurance now without the Af- ity improvement rather than CEO pay, being crippled by health care expenses. fordable Care Act have gone up, but the profits, and administrative costs. If in- What happens is that because of the Affordable Care Act actually is reduc- surers don’t meet these standards, they economy and the difficulties we’ve had ing costs for health insurance. What- have to pay rebates to their consumers with the economy over the last few ever cost increases that are being ex- starting this summer. These are sig- years, a lot of kids or young adults, hibited now are because the Affordable nificant ways of cutting back on costs. when they graduate high school, when Care Act hasn’t gone into effect com- What do we see from the other side of they graduate college, are not able to pletely. It kicks in gradually over the the aisle? Again, repeal the Affordable find a job, or while they are in college next few years. Care Act. If the Affordable Care Act they can’t afford health insurance on I also hear some of my Republican were repealed, all the things that I their own because they have to go out colleagues say, Oh, your health insur- talked about would disappear. Costs and buy it on the individual market. ance went up. That’s because it hasn’t would climb. More and more people What the Affordable Care Act says is kicked in yet. Once it kicks in, there would have no insurance. All the bene- you can be kept on your parents’ policy are a lot of positive impacts on costs fits for seniors—the fact that you can and the insurance company has to pro- that will make a difference. have your children on the policy until vide that option up to the age of 26. Let me just talk about some of the 26, the gender gap for women, all these That’s very significant. Millions of statistics in terms of costs that I think things, all the benefits would disappear young people that did not have cov- are significant. and only the bad impacts from insur- erage are now covered by that under Since enactment of the health care ance companies being able to do what- their parents’ policy. law, the reform, the ACA, premiums ever they want would remain. I just wanted to take a couple more are generally lower or stable. Average The Republicans talk about repealing minutes. I wanted to give some exam- premiums for Medicare Advantage en- the Affordable Care Act. They don’t ples of the numbers of people in my dis- rollees are 7 percent lower in 2012 than say what they would substitute for it. trict, the Sixth Congressional District they were in 2011. Since the health care What we do know—and I’m going to in New Jersey, that have been im- law was enacted, these premiums have close with this, Mr. Speaker—this week pacted in a positive way by the Afford- fallen by 16 percent. Average premiums we heard from the Republicans in able Care Act. for Medicare part D, the prescription terms of what they want to do with These statistics come from my com- drug program, in 2012, have seen no in- their budget. Again, what does their mittee that I serve on, the Committee crease from the 2011 level. The Medi- budget do? It essentially privatizes on Energy and Commerce. And just to care part B deductible has fallen by $22 Medicare. It makes it into a voucher give you some idea, in my district, in to $144 in 2012, the first time in Medi- program, causing seniors to spend more the Sixth District of New Jersey: care history that the deductible has ac- money out of pocket for the type of 6,800 young adults in the district now tually fallen. For most Medicare part B guaranteed benefits they receive now have health insurance that didn’t have enrollees, the standard part B premium under Medicare. It even goes and im- it before; in 2012 is quite stable. It’s 3.6 percent pacts Medicaid. 9,100 seniors in the district received higher than the premium they paid in A lot of people are not aware of the prescription drug discounts worth $6.9 2011, matching the 3.6 percent COLA in- fact that Medicaid, which most people million, an average discount of $760 per crease seniors are receiving in their see as a program for poor people, actu- senior. This is for their prescription Social Security checks. ally pays most of the costs for nursing drug coverage; The growth in private plan premiums home care in this country. What hap- There were 63,000 seniors in the Sixth has also slowed. In September 2011, pens is that if you have to go to a nurs- District in New Jersey that received Mercer, an independent benefits con- ing home, you have to spend all your Medicare preventive services without sulting firm, released a survey of em- assets essentially—with few excep- paying any copays, coinsurance, or ployers showing that health insurance tions—on paying for that nursing home deductibles; premium increases will average 5.4 per- care; and then after you have no assets 31,000 children and 130,000 adults now cent in 2012, the smallest increase left, the Medicaid kicks in and pays for have health insurance that covers pre- measured since 1997. Despite Repub- your nursing home care. ventive services without paying any lican claims, the health care law has What do the Republicans do in their copays, coinsurance, or deductibles; played essentially no role in recent pri- budget? They basically slash Medicaid. There are 620 small businesses in the vate plan premium increases. In fact, They block-grant it to the States. Sixth District that received tax credits the premium increases have taken ef- They slash it from 20 percent to 30 per- to help maintain or expand health in- fect only because the ACA has not fully cent based on different accounts. surance coverage for their employees; kicked in at this point. That’s a 20 percent to 30 percent slash, There have been $1.8 million in public There are two provisions that I want- and that money goes back to the health grants that have been given to ed to mention that deal with cost and States because the States have to community health centers, hospitals, that address cost in the Affordable match Medicaid. They also abolish the doctors, and other health care pro- Care Act that I think are significant expansion of Medicaid, that I men- viders to improve the community’s and that put downward pressure on pre- tioned before, under the Affordable health. Community health centers miums. Care Act because they assume under have really expanded in the district be- One is the rate review, and that is, the budget that the Affordable Care cause of the Affordable Care Act; and under the health care law, there is a Act is going to be repealed. There are 8,000 to 35,000 children with new transparency and accountability So not only is there a negative im- preexisting health conditions who can for insurers, with insurers being re- pact on Medicare because it becomes a no longer be denied coverage by health quired to publicly justify on the Inter- voucher and essentially traditional insurers. net any premium increases they are Medicare disappears and seniors pay

VerDate Mar 15 2010 04:19 Mar 22, 2012 Jkt 019060 PO 00000 Frm 00064 Fmt 4634 Sfmt 0634 E:\CR\FM\K21MR7.115 H21MRPT1 jbell on DSK7SPTVN1PROD with HOUSE March 21, 2012 CONGRESSIONAL RECORD — HOUSE H1493 more out of pocket, but with regard to minutes as the designee of the major- tainly as an individual in this country, Medicaid, which pays for nursing home ity leader. the land of the free, we have the con- care, the States are going to get so Mr. GINGREY of Georgia. Mr. Speak- stitutional right to make that decision much less money that the quality of er, I thank you, and I thank the major- for ourselves and our families. nursing home care will seriously ity leader for allowing me this oppor- And what the Democratic majority diminish. tunity to take the leadership hour this did with ObamaCare, the way they evening and, quite honestly, the oppor- b 2110 made it work, when you cut right to tunity to respond to my colleague, the chase, so they could cover people I remember back in the seventies Representative FRANK PALLONE, who is with preexisting conditions, whether when you would go to many nursing a colleague on the Energy and Com- they were nearly seniors or children, to homes, and they were terrible places. merce Committee—in fact, the ranking eliminate yearly or lifetime caps, to Because we upgraded them and we pro- member of the Health Subcommittee— provide preventive health services that vided money to the States to pay for as he talked about the benefits of the didn’t previously exist, the way they Medicaid, which they matched, the Patient Protection and Affordable Care did that, colleagues—and you know quality of nursing homes improved sig- Act. And he spent the last 35, 40 min- this—they cut $550 billion out of the nificantly. Well, what happened—and utes talking about what a great piece Medicare program. They virtually gut- I’m not just telling this. The nursing of legislation that was and about all of ted Medicare Advantage. Twenty per- home industry has said this—with the wonderful things that it has al- cent of seniors select Medicare Advan- these types of cuts that are being pro- ready done. tage. posed in the Republican budget, a lot of Well, I’m going to take my leadership The title, Mr. Speaker, speaks for nursing homes will close, and their time, Mr. Speaker, to give the other itself. It’s an advantage because that quality of care will diminish. They side of this viewpoint and to suggest program covers many of these preven- won’t have as many nurses on staff. that this is not a good bill, that this is tive services that the gentleman from They won’t be able to do a lot of the not helpful. Certainly my colleagues on New Jersey was talking about that are things they do now to make people’s the Democratic side, when they were in now available under ObamaCare. They lives in nursing homes more com- the majority—and 2 years ago this were available under Medicare Advan- fortable. coming Friday they passed into law the tage, but now that program has been And the budget assumes the repeal of Affordable Care Act, ObamaCare—they gutted. It’s been cut 14 percent per the Affordable Care Act, which means felt like this was the best thing since year over a 10-year period of time. So that the expansion of Medicaid, the sliced bread, like this was the solution you rob from Peter to pay Paul. subsidy to pay for health insurance, all to all of our problems. And who is Paul? Paul is this 15 mil- the things that I have talked about be- Yet we spent 2 years cramming that lion to 20 million that are left in that fore would simply disappear. bill—literally cramming that piece of group who have no insurance, many of So I know I make a stark contrast legislation, all 2,811 pages of it, down whom who don’t want it. And now we between what the Republicans are pro- the throats of the American people have created a whole new entitlement posing and what we’re doing with the when our unemployment rate was 9.5 program that we cannot afford when 15 Affordable Care Act and trying, on the percent, when 15 million Americans million people are out of work and the Democratic side, to shore up and ex- were out of work and another 15 mil- unemployment rate, Mr. Speaker, for— pand Medicare benefits. But the fact of lion were underemployed. This was our what is it—38 straight months now has the matter is that it is a stark con- number one priority, national health been above 8 percent. That, despite the trast, a very stark contrast in terms of insurance, a complete government fact that the stimulus bill and its $875 a world view of what we are going to do takeover of one-sixth of our economy? billion on shovel-ready projects that in terms of health insurance coverage This is what the Democratic majority promised—that promised when the un- and what we’re going to do to protect in the 109th, 110th Congresses have employment rate was 7.6 percent that seniors in Medicare. And I think it’s forced upon the American people. this would solve the problem, and it very important for my colleagues to The gentleman from New Jersey can would not go above 8 percent. It hasn’t understand these differences as we pro- talk about all the wonderful things been below 8 percent since we’ve spent ceed over the next few weeks. that have occurred since the passage of the money. So I am very proud of the fact that ObamaCare. But let me just point out on Friday, we will be celebrating the some truths that, Mr. Speaker, don’t b 2120 second anniversary of President Obama need any adjectives to explain. The So I say to the gentleman from New signing the Affordable Care Act. And I truth is, there were never 47 million Jersey and my Democratic colleagues am also proud of the fact that, as a people in this country who could not in this Chamber, you fiddled for 2 Democrat, we are going to oppose the afford health insurance. There may years; you fiddled while Rome was Republican budget. When the Repub- have been 47 million who didn’t have burning. And so, yes, now you can beat lican budget was proposed last year, it health insurance. But how many mil- the drum and celebrate the 2-year anni- passed the House, but it didn’t pass the lion people of that 47 million estimate versary of ObamaCare while 60 percent Senate; and we heard nothing more were making more than $50,000 a year? of this country continues to tell you about it. Mr. Speaker, how many were making they hate it. They hate it. And they’re And that’s exactly what we plan on more than $75,000 a year? And how going to tell you that loud and clear, doing this year because we can’t allow many of the 47 million uninsured were as they did 2 years ago. They’re going Medicare to be destroyed. We can’t in this country illegally? How many to tell you that loud and clear Novem- allow the Medicare guarantee to dis- were eligible for one of our safety-net ber 6, 2012. appear. We can’t allow Medicare to ba- programs, like Medicaid or the SCHIP I take no pleasure in that. I enjoy sically wither on the vine, as former program for their children, in their re- being in the majority. Mr. Speaker en- Speaker Gingrich said, as it’s spective States? And when you crunch joys being in the majority. But our re- vouchered and as it’s privatized, as the all of those numbers, there may have sponsibility is to the American people, Republicans suggest in their budget. been and may be 15 million people in especially to our seniors—our moms With that, Mr. Speaker, I yield back this country who do not have health in- and dads—and those folks who are the balance of my time. surance because they can’t afford it or struggling, who are on a fixed income. f because they don’t want it. They would But to suggest that we’re helping them rather pay as they go. when we cut their program $550 billion, THE AFFORDABLE CARE ACT: A Now, I’m not going to stand here and to suggest that closing the doughnut REBUTTAL suggest—particularly as a physician hole is a good thing and lowers the cost The SPEAKER pro tempore. Under Member—that that’s a wise thing to of health care and lowers the cost of the Speaker’s announced policy of Jan- do. The expression is ‘‘to go bare’’ in prescription drugs, no, it doesn’t. uary 5, 2011, the gentleman from Geor- regard to health insurance coverage. I Because what this Federal Govern- gia (Mr. GINGREY) is recognized for 47 wouldn’t recommend that. But cer- ment, what Uncle is doing is forcing

VerDate Mar 15 2010 04:19 Mar 22, 2012 Jkt 019060 PO 00000 Frm 00065 Fmt 4634 Sfmt 0634 E:\CR\FM\K21MR7.116 H21MRPT1 jbell on DSK7SPTVN1PROD with HOUSE H1494 CONGRESSIONAL RECORD — HOUSE March 21, 2012 the pharmaceutical industry to pay for 9.5 percent, as it is in my current great They’re whistling past the graveyard that doughnut hole, and to pay for it State of Georgia. But States can’t af- and they’re enacting IPAB, the Inde- with brand drugs when prior to ford to do that. pendent Payment Advisory Board. ObamaCare we were filling that dough- But the Federal Government comes Colleagues, you’ve heard it all nut hole with generics. along and says, because of ObamaCare, evening as we’ve discussed the repeal of And so what is going to happen? This we’re going to force you to stay where IPAB and H.R. 5, the HEALTH Act. pharmaceutical industry, it’s whack-a- you are. You can make no changes. IPAB is 15 unelected bureaucrats— mole. You squeeze that balloon, it’s You cannot go down to 115 percent or unelected but appointed by the Presi- going to bulge out on another side. And 100 percent. Oh, no. You have to stay at dent, this President—at a salary of it’s going to bulge out when they raise 133 percent. And we are looking at an $176,000 a year for a 6-year term, renew- the premiums for prescription drug additional cost to the States over the able for another 6. So we’re stuck with coverage for everybody else. next 10 years of $15 billion. them for 12 years and that fat salary The gentleman talked about these That’s why this is part of the lawsuit and benefit package so they can say, wonderful exchanges that are going to that the Supreme Court will hear next We’re going to save Medicare by cut- be set up for the people who don’t have week in the 6 hours of testimony—that ting reimbursement to health care pro- health insurance. I don’t object, Mr. and this individual mandate in viders and prescription drug compa- Speaker, to the idea of setting up State ObamaCare that forces individuals to nies. We can’t change the age of Medi- exchanges. That’s an idea that’s been engage in commerce, the Federal Gov- care eligibility. We can’t increase the around for a long time. It didn’t just ernment regulating commerce as pro- annual deductible or copay. No, we originate with ObamaCare. But when vided for in article 1, section 8, clause can’t do anything, any of those things. you hear my good friend from New Jer- 3 of our great Constitution. Oh, no. We can only cut provider reimburse- sey, the ranking member of the Health This says whether you are engaging in ment. Oh, but there’s no rationing. It Subcommittee on Energy and Com- commerce or not, Mr. Speaker, you says there in that section regarding merce—and he certainly should know have to participate. IPAB that no rationing will occur. of what he says—that in these ex- I know my colleagues have heard the Well, give me a break. If you cut re- changes people are going to get a sub- expression and the comments from me imbursement to providers and they sidy, in other words, that’s a govern- and others, What’s next? Everybody stop providing the care, then the senior ment handout. They’re going to get a has to eat broccoli? It’s absolutely ab- does not get that knee replacement and check if they make $75,000 to $80,000 a surd. It’s patently absurd for the Fed- does not get that stent put in. You can year. You heard him say it. Colleagues, eral Government to tell people they spell it any way you want to, but, Mr. you heard him say it. have to engage in commerce. We under- Speaker, that’s rationing. That’s ra- Now, I would like to ask the 700,000 stand the Constitution and the right tioning. And the American people don’t people in the 11th Congressional Dis- constitutionally to regulate existing want that. Our seniors don’t want that. trict of Georgia what they think of commerce between States, but not to That’s no compassion. $70,000, $75,000, $80,000 a year and get- force people. You can provide all these preventive ting a government handout, a subsidy. So as I have these moments tonight services you want to that Mr. PALLONE My people, the people I represent, to talk about as a counterpoint to Mr. was speaking about, and that’s fine if would feel wealthy if they made $75,000 PALLONE in regard to the Patient Pro- you can afford to do it. But to suggest a year, and they would not be expect- tection and Affordable Care Act, Mr. that that saves money, it might save ing a government handout. Speaker, it could not be more an individual life, and that’s a wonder- What this administration has done unaffordable. The CBO just came out ful thing, but don’t stand up here and with this piece of legislation—Mr. PAL- with a new score. Originally, 2 years tell me and tell my colleagues on both LONE criticized the Republican idea in ago, that score was something like $950 sides of the aisle that preventive serv- the Republican budget of block-grant- billion and, according to smoke-and- ices save money. No economist, no ing the Medicaid program. The Med- mirror accounting, completely paid health economist would agree with icaid program, colleagues, it’s been for. Now the cost—the adjusted cost—is that. It doesn’t save money. It costs around since 1965. It’s a good program. about twice that. It’s about twice that. money. And every time you add an- It’s shared between the Federal Gov- other ‘‘free’’ preventive service to a b 2130 ernment and the States. But under program, it’s going to increase the ObamaCare, States are told that they So it’s not the Affordable Care Act health insurance premiums for every- cannot be innovative in regard to de- but the Patently Un-Affordable Care body else. These are called mandates. signing a Medicaid program that best Act. For my colleague to criticize the The gentleman from New Jersey fits the needs of the citizens of their Republican majority for coming for- talked about direct access without State. ward with a budget that includes a prior approval, whether it’s to see your It’s called maintenance of effort. plan to save Medicare and Medicaid, OB–GYN doctor, your dermatologist, or ObamaCare says to the Governors of legacy programs, programs that our your general surgeon without having the respective States: You can’t do seniors and our poor are so dependent to go through a gatekeeper. I under- anything. You can’t make any changes on, for us to have a plan to save that stand that. I practiced medicine 31 whatsoever in your Medicaid program. and for the gentleman from the other years. I think my colleagues know You can’t check on eligibility. You side of the aisle to criticize that, I that. I understand that. But these can’t check to make sure that an indi- would ask him if he were still in the things definitely cost money. They vidual that applies is in this country Chamber, and I ask all of my col- don’t save money. I think it’s impor- legally. You can’t drug-test these indi- leagues on the Democratic side of the tant for people to understand that. viduals. You can’t do anything to make aisle: What is your plan? What is your He talked about the wonderful things sure that that program for your State plan to save the Medicaid program? that have already occurred under is going to those who need it, who are What is your plan to save the Medicare ObamaCare, allowing adult children—I eligible for it, and to who deserve it, program? How many different studies realize that’s a bit of an oxymoron, but because of this maintenance of effort do we need from how many different I’ve got four of those oxymorons—to restriction under ObamaCare. commissions over how many years be- allow adult children to stay on their Not only do we put handcuffs on the fore we accept the plain, hard, cold parents’ health insurance policy until chief executives of our States, but we truth that the hospital trust fund and they’re 26 years old without regard to also mandate that they now cover Medicare program will be insolvent at whether or not they’re students. under the Medicaid program people up the very latest by the year 2024 and by Now, the prior policy of most health to 133 percent of the Federal poverty the earliest at the year 2016 as esti- insurance companies, if you were over level. Prior law, the requirement was mated by the Medicare actuaries? 21 years old, maybe in the third or 100 percent. Yes, some States went Nobody denies that. But what are my fourth year of college, then you were above that when times were good, when Democratic friends doing about it? Mr. no longer eligible to be covered under unemployment was 6 percent instead of Speaker, they’re doing two things. your parents’ health insurance policy.

VerDate Mar 15 2010 04:19 Mar 22, 2012 Jkt 019060 PO 00000 Frm 00066 Fmt 4634 Sfmt 0634 E:\CR\FM\K21MR7.118 H21MRPT1 jbell on DSK7SPTVN1PROD with HOUSE March 21, 2012 CONGRESSIONAL RECORD — HOUSE H1495 The expectation, of course, is that you responsibility away from the Congress. stances (Crops and Processing) [Document would have a job. Well, the reason it’s Talk about unconstitutional; clearly, Number: AMS-NOP-10-0079; NOP-09-02FR] so important now to have them covered that is unconstitutional. (RIN: 0581-AD06) received February 17, 2012, up to age 26 on their parents’ health in- We’re going to vote it down tomor- pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- mittee on Agriculture. surance policy is because they have no row. And we’re going to send that to 5346. A letter from the Acting Adminis- jobs. And that’s the thing that this ad- the Senate, and I expect HARRY REID trator, Department of Agriculture, transmit- ministration and this—now, at least in and the Democratic majority to do the ting the Department’s final rule — Revision the House of Representatives—Demo- responsible thing. They don’t like it ei- of Cotton Futures Classification Procedures cratic minority, they just don’t seem ther. They don’t like it either. Let’s [Doc. #: AMS-CN-10-0073; CN-10-005] (RIN: to understand that what the American don’t make an election issue out of it. 0581-AD16) received February 17, 2012, pursu- people care about first and foremost is Let’s just do the right thing for the ant to 5 U.S.C. 801(a)(1)(A); to the Committee on Agriculture. a job. They want health insurance, of American people. 5347. A letter from the Director, Defense course they do. If they have to, they’ll Mr. Speaker, it’s been a long day. We Procurement and Acquisition Policy, De- pay for it out of their own pocket. But have had a lot of discussion on the partment of Defense, transmitting the De- they’ve got to have a job first. They’ve floor of the House of Representatives, a partment’s final rule — Defense Federal Ac- got to put food on the table. They’ve lot of eloquence on both sides of the quisition Regulation Supplement (DFARS got to put clothing on the backs of aisle. I feel very strongly that we Case 2012-D024) (RIN: 0750-AH59) received their children. They have to have the should respect one another, and I think February 17, 2012, pursuant to 5 U.S.C. pride, dignity, and respect of having a we do. This is not personal, but when 801(a)(1)(A); to the Committee on Armed Services. job. you feel that you have the right idea, 5348. A letter from the Director, Defense As we go into these elections this it’s your responsibility to stand strong, Procurement and Acquisition Policy, De- fall, and all 435 of us in this body and not to pander to anybody, but to stand partment of Defense, transmitting the De- 100—well, in fact, I guess it’s one-third strong and do the right thing, do the partment’s final rule — Defense Federal Ac- of the other body stand for reelection right thing for the American people. quisition Regulation Supplement (DFARS and we elect a 45th—and, indeed, I With that, Mr. Speaker, I yield back Case 2012-D026) (RIN: 0750-AH60) received think we will elect a 45th and not re- the balance of my time. February 17, 2012, pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on Armed elect the 44th—President of the United f Services. States, it’s going to be based on jobs 5349. A letter from the Acting Under Sec- and the economy. That’s the thing that LEAVE OF ABSENCE retary, Department of Defense, transmitting this President, since he took office in By unanimous consent, leave of ab- a letter on the approved retirement of Lieu- January of 2009, has just totally missed sence was granted to: tenant General Richard P. Zahner, United the point of. And really, it started in Mr. DAVIS of Illinois (at the request States Army, and his advancement to the grade of lieutenant general on the retired January of 2007 with the Democratic of Ms. PELOSI) for today and March 22. list; to the Committee on Armed Services. majority in this Chamber when we Mr. BACHUS (at the request of Mr. 5350. A letter from the Acting Under Sec- spent another 2 years wasting time, CANTOR) for today and the balance of retary, Department of Defense, transmitting fiddling while Rome was burning, try- the week on account of minor throat authorization of Colonels Christopher P. ing to force and cram down the throats surgery. Hughes and Paul A. Ostrowski, United States Army, to wear the insignia of the grade of of the American people this cap-and- f trade regime which would have cost brigadier general; to the Committee on every family $2,500 a year in increased ADJOURNMENT Armed Services. utility costs. Thank goodness the other 5351. A letter from the Chairman and Presi- Mr. GINGREY of Georgia. Mr. Speak- dent, Export-Import Bank, transmitting a body stopped that, because the Amer- er, I move that the House do now ad- report on transactions involving U.S. exports ican people didn’t want it. journ. to the Kingdom of Morocco pursuant to Sec- And they don’t want national health The motion was agreed to; accord- tion 2(b)(3) of the Export-Import Bank Act of care. That’s why we voted in this body, ingly (at 9 o’clock and 42 minutes 1945, as amended; to the Committee on Fi- H.R. 2, to repeal ObamaCare. And that p.m.), under its previous order, the nancial Services. repeal passed in the House of Rep- House adjourned until tomorrow, 5352. A letter from the Assistant General Counsel for Legislation, Regulation and En- resentatives. We finally had a vote in Thursday, March 22, 2012, at 10 a.m. the Senate. We couldn’t get them to ergy Efficiency, Department of Energy, f transmitting the Department’s final rule — pass a budget. They haven’t done that Energy Conservation Program: Test Proce- in 3 years. But after about a year and EXECUTIVE COMMUNICATIONS, dure for Commercial Refrigeration Equip- a half, we finally got them to vote on ETC. ment [Docket No.: EERE-2010-BT-TP-0034] repeal of ObamaCare. The Democratic Under clause 2 of rule XIV, executive (RIN: 1904-AC40) received February 12, 2012, majority rejected that. communications were taken from the pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- So, Mr. Speaker, now we’re dealing Speaker’s table and referred as follows: mittee on Energy and Commerce. with plan B, and plan B is to chip away 5353. A letter from the Assistant Secretary 5343. A letter from the Acting Adminis- for Administration and Management, De- at the most egregious aspects of trator, Department of Agriculture, transmit- partment of Labor, transmitting a report ObamaCare. It would be a mistake for ting the Department’s final rule — Dairy pursuant to the Federal Vacancies Reform us to assume the Supreme Court will Product Mandatory Reporting [Doc. #: AMS- Act of 1998; to the Committee on Oversight strike down that individual mandate DA-10-0089; DA-11-01] (RIN: 0581-AD12) re- and Government Reform. and will strike down that Medicaid ex- ceived February 17, 2012, pursuant to 5 U.S.C. 5354. A letter from the Assistant Secretary pansion, that unfunded mandate, a $12 801(a)(1)(A); to the Committee on Agri- for Administration and Management, De- billion burden placed on the budgets of culture. partment of Labor, transmitting a report 5344. A letter from the Acting Adminis- our respective States. I think they will pursuant to the Federal Vacancies Reform trator, Department of Agriculture, transmit- Act of 1998; to the Committee on Oversight strike it down, but I’m not going to ting the Department’s final rule — Mar- and Government Reform. stand here in this Chamber holding my keting Order Regulating the Handling of 5355. A letter from the Associate Adminis- breath waiting for that to happen. Spearmint Oil Produced in the Far West; Re- trator for Legislative and Intergovernmental That would be irresponsible. That vision of the Salable Quantity and Allotment Affairs, National Aeronautics and Space Ad- would not be representing the people of Percentage for Class 1 (Scotch) and Class 3 ministration, transmitting FY 2011 Annual the 11th of Georgia the way they de- (Native) Spearmint Oil for the 2011-2012 Mar- Report Regarding NASA’s Equal Employ- serve to be represented. keting Year [Doc. Nos.: AMS-FV-10-0094; ment Opportunity and Whistleblower Protec- FV11-985-1A FIR] received February 17, 2012, tion Act Complaints Activity; to the Com- b 2140 pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- mittee on Oversight and Government Re- So, we are going to fight. That’s what mittee on Agriculture. form. 5345. A letter from the Acting Adminis- 5356. A letter from the General Counsel and this is all about today and the vote to- trator, Department of Agriculture, transmit- Acting Executive Director, Election Assist- morrow in regard to repealing IPAB, ting the Department’s final rule — National ance Commission, transmitting Fiscal Year this Independent Payment Advisory Organic Program (NOP); Amendments to the 2011 Activities Report; to the Committee on Board that literally takes legislative National List of Allowed and Prohibited Sub- House Administration.

VerDate Mar 15 2010 04:19 Mar 22, 2012 Jkt 019060 PO 00000 Frm 00067 Fmt 4634 Sfmt 0634 E:\CR\FM\K21MR7.119 H21MRPT1 jbell on DSK7SPTVN1PROD with HOUSE H1496 CONGRESSIONAL RECORD — HOUSE March 21, 2012 5357. A letter from the United States Trade REPORTS OF COMMITTEES ON structure, and in addition to the Committees Representative, Executive Office of the PUBLIC BILLS AND RESOLUTIONS on Ways and Means, Natural Resources, En- President, transmitting the 2012 Trade Pol- ergy and Commerce, Agriculture, Science, icy Agenda and the 2011 Annual Report on Under clause 2 of rule XIII, reports of Space, and Technology, the Budget, Over- the Trade Agreements Program as prepared committees were delivered to the Clerk sight and Government Reform, Financial by the Administration; to the Committee on for printing and reference to the proper Services, Education and the Workforce, and Ways and Means. calendar, as follows: Foreign Affairs, for a period to be subsequently determined by the Speaker, in each 5358. A letter from the Chief, Trade and Mr. SMITH of Texas Committee on the Ju- case for consideration of such provisions as Commercial Regulations Branch, Depart- diciary. H.R. 4119. A bill to reduce the traf- fall within the jurisdiction of the committee ment of the Treasury, transmitting the De- ficking of drugs and to prevent human smug- concerned. partment’s final rule — Duty-Free Treat- gling across the Southwest Border by deter- By Mr. MCCAUL (for himself and Mr. ment of Certain Visual and Auditory Mate- ring the construction and use of border tunnels (Rept. 112–418, Pt. 1). Referred to the KING of New York): rials [USCBP-2011-0030] (RIN: 1515-AD75) re- H.R. 4228. A bill to direct the Secretary of Committee of the Whole House on the state ceived February 17, 2012, pursuant to 5 U.S.C. State to designate Iran’s Islamic Revolu- of the Union. 801(a)(1)(A); to the Committee on Ways and tionary Guard Corps Qods Force as a foreign Means. DISCHARGE OF COMMITTEE terrorist organization, and for other pur- 5359. A letter from the Chief, Publications Pursuant to clause 2 of rule XIII the poses; to the Committee on the Judiciary, and Regulations Branch, Internal Revenue Committees on Ways and Means and and in addition to the Committee on Foreign Service, transmitting the Service’s final rule Homeland Security discharged from Affairs, for a period to be subsequently de- — Source of Income from Qualified Fails further consideration. H.R. 4119 re- termined by the Speaker, in each case for Charges [TD 9579] (RIN: 1545-BJ78) received ferred to the Committee of the Whole consideration of such provisions as fall with- February 12, 2012, pursuant to 5 U.S.C. in the jurisdiction of the committee con- 801(a)(1)(A); to the Committee on Ways and House on the state of the Union. cerned. Means. f By Mr. BERMAN (for himself, Ms. ROS- 5360. A letter from the Chief, Publications PUBLIC BILLS AND RESOLUTIONS LEHTINEN, Mr. ACKERMAN, Mr. and Regulations Branch, Internal Revenue CHABOT, Mr. CICILLINE, and Ms. Service, transmitting the Service’s final rule Under clause 2 of rule XII, public BUERKLE): H.R. 4229. A bill to authorize further assist- — Extension of Time to File an Estate Tax bills and resolutions of the following ance to Israel for the Iron Dome anti-missile Return Solely to Elect Portability of a De- titles were introduced and severally re- defense system; to the Committee on For- ceased Spousal Unused Exclusion Amount ferred, as follows: eign Affairs. [Notice 2012-21] received February 12, 2012, By Mr. CANTOR: By Mr. MCKINLEY (for himself and Mr. pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- H.R. 9. A bill to amend the Internal Rev- WELCH): mittee on Ways and Means. enue Code of 1986 to provide a deduction for H.R. 4230. A bill to provide for the estab- 5361. A letter from the Chief, Publications domestic business income of qualified small lishment of a Home Energy Savings Retrofit and Regulations Branch, Internal Revenue businesses; to the Committee on Ways and Rebate Program, and for other purposes; to Service, transmitting the Service’s final rule Means. the Committee on Energy and Commerce, — Rewards and Awards for Information Re- By Mr. BISHOP of New York (for him- and in addition to the Committee on Ways lating to Violations of Internal Revenue self, Mr. RAHALL, Mr. DEFAZIO, Ms. and Means, for a period to be subsequently Laws [TD 9580] (RIN: 1545-BJ89) received Feb- BROWN of Florida, Mr. ACKERMAN, Mr. determined by the Speaker, in each case for ruary 12, 2012, pursuant to 5 U.S.C. RANGEL, Mr. FILNER, Mr. SIRES, Ms. consideration of such provisions as fall with- 801(a)(1)(A); to the Committee on Ways and RICHARDSON, Mr. CUMMINGS, Ms. NOR- in the jurisdiction of the committee con- Means. TON, Mr. RUPPERSBERGER, Mr. LAR- cerned. SEN of Washington, Mr. WELCH, Mr. 5362. A letter from the Chief, Publications By Mr. YARMUTH (for himself, Mr. HOLDEN, Mrs. NAPOLITANO, Ms. and Regulations Branch, Internal Revenue CONNOLLY of Virginia, Mr. CONYERS, HIRONO, Mr. HOLT, Mr. VAN HOLLEN, Service, transmitting the Service’s final rule Mr. STARK, Mr. JACKSON of Illinois, Ms. EDWARDS, Mr. BOSWELL, Ms. — Group Health Plans and Health Insurance Mr. RANGEL, Ms. HAHN, Mr. RYAN of HAHN, Mr. THOMPSON of California, Issuers Relating to Coverage of Preventive Ohio, Mr. SCHIFF, Mr. FILNER, Mr. Mr. ISRAEL, Mr. HIGGINS, Mr. Services Under the Patient Protection and VAN HOLLEN, Mr. CARSON of Indiana, CICILLINE, Ms. WILSON of Florida, Mr. Affordable Care Act [TD 9578] (RIN: 1545- Mr. MCNERNEY, and Ms. CHU): RICHMOND, Ms. MOORE, Mr. MORAN, BJ60) received February 12, 2012, pursuant to H.R. 4231. A bill to amend the Internal Rev- Mr. BLUMENAUER, Ms. SPEIER, Mr. 5 U.S.C. 801(a)(1)(A); to the Committee on enue Code of 1986 to repeal certain tax OWENS, Mr. JACKSON of Illinois, Mr. Ways and Means. breaks for gas and oil companies and to re- DOYLE, Ms. LINDA T. SA´ NCHEZ of Cali- fund the revenue savings to registered vehi- 5363. A letter from the Chief, Publications fornia, Mr. LEWIS of Georgia, Mr. cle owners; to the Committee on Ways and and Regulations Branch, Internal Revenue LARSON of Connecticut, Mr. BERMAN, Means. Service, transmitting the Service’s final rule Mr. CONNOLLY of Virginia, Mr. LIPIN- By Mr. TURNER of Ohio (for himself, — Revenue Procedure: United States and SKI, Ms. TSONGAS, Mr. MICHAUD, Mr. Mr. RYAN of Ohio, and Mr. BURTON of Area Median Gross Income Figures (Rev. PRICE of North Carolina, Mr. LAN- Indiana): Proc. 2012-16) received March 2, 2012, pursu- GEVIN, Mr. ALTMIRE, Mr. CLAY, Mr. H.R. 4232. A bill to amend section 552 of ant to 5 U.S.C. 801(a)(1)(A); to the Committee MCNERNEY, Mr. WALZ of Minnesota, title 5, United States Code (popularly re- on Ways and Means. Mr. HONDA, Ms. EDDIE BERNICE JOHN- ferred to as the Freedom of Information 5364. A letter from the Chief, Publications SON of Texas, Mr. CROWLEY, Mrs. Act), to provide that the exemptions to that and Regulations Branch, Internal Revenue LOWEY, Ms. DEGETTE, Mr. TOWNS, Mr. section shall not apply to matters relating Service, transmitting the Service’s final rule COURTNEY, Mr. QUIGLEY, Mr. STARK, to certain transactions executed by an in- — Applicable Federal Rates — March 2012 Mr. CARNAHAN, Mr. SMITH of Wash- strumentality of the Federal Government (Rev. Rul. 2012-9) received March 2, 2012, pur- ington, Ms. MCCOLLUM, Ms. SLAUGH- operating in a commercial manner; to the suant to 5 U.S.C. 801(a)(1)(A); to the Com- TER, Ms. ZOE LOFGREN of California, Committee on Oversight and Government mittee on Ways and Means. Mr. THOMPSON of Mississippi, Mr. Reform. HOYER, Mr. LUJA´ N, Ms. ROYBAL- By Mr. LAMBORN: 5365. A letter from the Director, Office of ALLARD, Mr. MCGOVERN, Mr. SHER- H.R. 4233. A bill to establish the National Regulations, Social Security Administra- MAN, Ms. SCHWARTZ, Ms. CLARKE of Geospatial Technology Administration with- tion, transmitting the Administration’s final New York, Mr. CLARKE of Michigan, in the United States Geological Survey to rule — Protecting the Public and our Em- Mr. ANDREWS, Mr. COSTELLO, Ms. enhance the use of geospatial data, products, ployees in our Hearing Process [Docket No.: VELA´ ZQUEZ, Mr. CONYERS, Mr. TONKO, technology, and services, to increase the SSA-2011-0008] (RIN: 0690-AH29) received Feb- Mr. GARAMENDI, Mr. SCOTT of Vir- economy and efficiency of Federal geospatial ruary 21, 2012, pursuant to 5 U.S.C. ginia, Mr. FALEOMAVAEGA, Mr. COSTA, activities, and for other purposes; to the 801(a)(1)(A); to the Committee on Ways and Ms. DELAURO, Mr. COHEN, Mr. LYNCH, Committee on Natural Resources, and in ad- Means. Mr. RUSH, Ms. PINGREE of Maine, Mr. dition to the Committees on Oversight and 5366. A letter from the Director, Office of WAXMAN, Mr. SHULER, Ms. Government Reform, Science, Space, and Regulations, Social Security Administra- WASSERMAN SCHULTZ, Ms. CHU, Mr. Technology, and Agriculture, for a period to tion, transmitting the Administration’s final CHANDLER, Mr. CRITZ, and Mr. be subsequently determined by the Speaker, rule — How We Collect and Consider Evi- GEORGE MILLER of California): in each case for consideration of such providence of Disability [Docket No.: SSA 2010- H.R. 14. A bill to reauthorize Federal-aid sions as fall within the jurisdiction of the 0044] (RIN: 0960-AG89) received February 12, highway and highway safety construction committee concerned. 2012, pursuant to 5 U.S.C. 801(a)(1)(A); to the programs, and for other purposes; to the By Mr. LABRADOR (for himself, Mr. Committee on Ways and Means. Committee on Transportation and Infra- BISHOP of Utah, Mr. COSTA, Mr.

VerDate Mar 15 2010 06:02 Mar 22, 2012 Jkt 019060 PO 00000 Frm 00068 Fmt 4634 Sfmt 0634 E:\CR\FM\L21MR7.000 H21MRPT1 jbell on DSK7SPTVN1PROD with HOUSE March 21, 2012 CONGRESSIONAL RECORD — HOUSE H1497

GOSAR, Mr. HARRIS, Mrs. LUMMIS, 186. Also, a memorial of the Senate of the United States; and nothing in this Constitu- Mrs. NOEM, Mr. REHBERG, Mrs. State of Oregon, relative to Senate Memorial tion shall be so construed as to Prejudice MCMORRIS RODGERS, Mr. SIMPSON, 201 requesting that the Congress reintroduce any Claims of the United States, or of any and Mr. WALDEN): and pass the Trade Reform, Accountability, particular State.’’ H.R. 4234. A bill to amend the Federal Land Development and Employment (TRADE) Act By Mr. DOLD: Policy and Management Act of 1976 to im- of 2009; jointly to the Committees on Ways H.R. 4235. prove the management of grazing leases and and Means and Rules. Congress has the power to enact this legislation pursuant to the following: permits, and for other purposes; to the Com- f mittee on Natural Resources, and in addition Article 1, Section 8, clause 3, which pro- to the Committee on Agriculture, for a pe- CONSTITUTIONAL AUTHORITY vides Congress the power to ‘‘regulate com- riod to be subsequently determined by the STATEMENT merce with foreign Nations and among the several States.’’ Speaker, in each case for consideration of Pursuant to clause 7 of rule XII of such provisions as fall within the jurisdic- By Mr. BRALEY of Iowa: tion of the committee concerned. the Rules of the House of Representa- H.R. 4236. By Mr. DOLD (for himself and Ms. tives, the following statements are sub- Congress has the power to enact this legis- MOORE): mitted regarding the specific powers lation pursuant to the following: H.R. 4235. A bill to amend the Securities granted to Congress in the Constitu- This bill is enacted pursuant to the power Exchange Act of 1934 and the Commodity Ex- tion to enact the accompanying bill or granted to Congress under Article I, Section 8, Clause 18 of the United States Constitu- change Act to repeal the indemnification re- joint resolution. quirements for regulatory authorities to ob- tion. tain access to swap data required to be pro- By Mr. CANTOR: By Mr. FLEISCHMANN: H.R. 9. vided by swaps entities under such Acts; to H.R. 4237. Congress has the power to enact this legis- Congress has the power to enact this legis- the Committee on Agriculture, and in addi- lation pursuant to the following: lation pursuant to the following: tion to the Committee on Financial Serv- Amendment XVI to the Constitution re- Article I, Section 8, clauses 1 & 18. ices, for a period to be subsequently deter- garding the power to lay and collect taxes on By Mr. PASCRELL: mined by the Speaker, in each case for con- incomes. H.R. 4238. sideration of such provisions as fall within By Mr. BISHOP of New York: Congress has the power to enact this legis- the jurisdiction of the committee concerned. H.R. 14. lation pursuant to the following: By Mr. BRALEY of Iowa: Congress has the power to enact this legis- Congress has the power to enact this legis- H.R. 4236. A bill to withhold funds if a mo- lation pursuant to the following: lation pursuant to Article I, Section 8, torist illegally passes a stopped school bus; Article I, Section 8, Clauses 1, 3, 7, and 18 Clause 3 of the United States Constitution. to the Committee on Transportation and In- By Mr. MCCAUL: frastructure. f H.R. 4228. By Mr. FLEISCHMANN: Congress has the power to enact this legis- ADDITIONAL SPONSORS H.R. 4237. A bill to strengthen employee lation pursuant to the following: cost savings suggestions programs within Under clause 7 of rule XII, sponsors Article I, Section 8. the Federal Government; to the Committee were added to public bills and resolu- By Mr. BERMAN: on Oversight and Government Reform. tions as follows: H.R. 4229. By Mr. PASCRELL (for himself and H.R. 12: Mr. WAXMAN. Congress has the power to enact this legis- Mr. PLATTS): H.R. 121: Mr. FINCHER. lation pursuant to the following: H.R. 4238. A bill to amend the Public H.R. 157: Mr. GUTHRIE and Mr. LANGEVIN. Health Service Act to reauthorize certain the authority delineated in Article I section H.R. 196: Mr. KUCINICH and Mr. COHEN. programs for individuals with traumatic I, which includes an implied power for the H.R. 365: Mr. JOHNSON of Ohio. brain injury, and for other purposes; to the Congress to regulate the conduct of the H.R. 721: Mr. GINGREY of Georgia. Committee on Energy and Commerce. United States with respect to foreign affairs. H.R. 895: Mr. MCCOTTER. By Mr. YARMUTH (for himself, Mr. By Mr. MCKINLEY: H.R. 964: Mrs. CAPPS. H.R. 997: Mrs. HARTZLER and Mr. GRAVES of GRIJALVA, and Ms. SLAUGHTER): H.R. 4230. Missouri. H. Res. 593. A resolution supporting the Congress has the power to enact this legis- H.R. 1017: Mr. VAN HOLLEN. goals and ideals of ‘‘National Safe Place lation pursuant to the following: According to Article I, Section 8, Clause 3 H.R. 1063: Mr. PETRI. Week‘‘; to the Committee on Education and H.R. 1089: Mr. RANGEL. of the Constitution: The Congress shall have the Workforce. H.R. 1284: Ms. CLARKE of New York. power to enact this legislation to regulate f H.R. 1339: Mr. THORNBERRY, Mr. LOBIONDO, commerce with foreign nations, and among Mr. TURNER of Ohio, Mr. KLINE, Mr. PLATTS, the several states, and with the Indian MEMORIALS Ms. LORETTA SANCHEZ of California, Mr. COO- tribes. Under clause 4 of rule XXII, memo- PER, Ms. PINGREE of Maine, Mr. HEINRICH, By Mr. YARMUTH: Mr. OWENS, Mr. LOEBSACK, Mr. RUPPERS- rials were presented and referred as fol- H.R. 4231. BERGER, Mr. KISSELL, Ms. HANABUSA, and Ms. lows: Congress has the power to enact this legis- HOCHUL. 182. The SPEAKER presented a memorial lation pursuant to the following: H.R. 1386: Mr. ROSS of Arkansas. of the House of Representatives of the State Section 8 of Article 1 of the Constitution. H.R. 1410: Mr. GENE GREEN of Texas. of Michigan, relative to House Resolution By Mr. TURNER of Ohio: H.R. 1418: Ms. BASS of California, Mr. HECK, No. 173 memorializing Congress to extend the H.R. 4232. and Mr. HUIZENGA of Michigan. Chemical Facility Anti-Terrorism Standards Congress has the power to enact this legis- H.R. 1513: Mrs. CHRISTENSEN and Mr. (CFATS) program; to the Committee on En- lation pursuant to the following: ENGEL. ergy and Commerce. Article I, Section 8, Clauses 3 and 18 of the H.R. 1581: Mr. PETERSON. 183. Also, a memorial of the House of Rep- United States Constitution H.R. 1653: Mr. THORNBERRY and Mr. NEAL. resentatives of the State of Iowa, relative to By Mr. LAMBORN: H.R. 1739: Mr. BARLETTA. House Resolution No. 107 urging the Depart- H.R. 4233. H.R. 1748: Mrs. CAPPS. ment of Labor to withdraw the proposed reg- Congress has the power to enact this legis- H.R. 1789: Mr. JOHNSON of Ohio. ulations for agricultural child labor; to the lation pursuant to the following: H.R. 1821: Ms. BONAMICI, Mr. BOSWELL, and Committee on Education and the Workforce. Article IV, Section 3— Mr. CHANDLER. 184. Also, a memorial of the House of Rep- Article IV—The States H.R. 1956: Mr. SCHWEIKERT. resentatives of the State of Michigan, rel- Section 3—New States H.R. 2020: Mr. BISHOP of New York. ative to House Resolution No. 185 memori- The Congress shall have Power to dispose H.R. 2104: Ms. ESHOO, Mr. FILNER, and Mr. alizing Congress to enact the Respect for of and make all needful Rules and Regula- ROTHMAN of New Jersey. Rights of Conscience Act of 2011; to the Com- tions respecting the Territory or other Prop- H.R. 2106: Mrs. MILLER of Michigan. mittee on Energy and Commerce. erty belonging to the United States; and H.R. 2179: Ms. NORTON, Mr. BOSWELL, and 185. Also, a memorial of the Senate of the nothing in this Constitution shall be so con- Mr. RUSH. H.R. 2252: Mr. MANZULLO. State of Michigan, relative to Senate Reso- strued as to Prejudice any Claims of the H.R. 2311: Mr. KILDEE. lution No. 97 memorializing the Congress to United States, or of any particular State. H.R. 2697: Mr. BERG. enact legislation to ensure that amounts By Mr. LABRADOR: H.R. 2706: Mr. RIVERA. credited to the Harbor Maintenance Trust H.R. 4234. H.R. 2717: Mr. LATOURETTE and Mrs. Fund are used solely for the dredging, infra- Congress has the power to enact this legis- MYRICK. structure, operation, and maintenance of lation pursuant to the following: H.R. 2738: Mrs. LOWEY. federally-authorized ports, harbors, and wa- Article IV, Sec. 3, Clause 2: ‘‘The Congress H.R. 2765: Mr. GALLEGLY. terways; jointly to the Committees on shall have Power to dispose of and make all H.R. 2787: Mrs. MALONEY. Transportation and Infrastructure and needful Rules and Regulations respecting the H.R. 2827: Mr. OWENS and Mr. HOLT. Rules. Territory or other Property belonging to the H.R. 2834: Mr. CANSECO.

VerDate Mar 15 2010 06:02 Mar 22, 2012 Jkt 019060 PO 00000 Frm 00069 Fmt 4634 Sfmt 0634 E:\CR\FM\L21MR7.100 H21MRPT1 jbell on DSK7SPTVN1PROD with HOUSE H1498 CONGRESSIONAL RECORD — HOUSE March 21, 2012

H.R. 2981: Mr. RANGEL and Mr. ELLISON. H.R. 3994: Mr. MANZULLO. H. Res. 177: Mr. KEATING. H.R. 3046: Ms. BALDWIN. H.R. 4036: Mr. CHABOT and Mr. MULVANEY. H. Res. 351: Mr. VAN HOLLEN, Mr. RANGEL, H.R. 3059: Mr. SULLIVAN, Mr. WESTMORE- H.R. 4040: Ms. BALDWIN, Mr. BARTLETT, Ms. Mr. ROTHMAN of New Jersey, and Mr. CAR- LAND, and Mr. LARSON of Connecticut. BASS of California, Mr. BERG, Mr. BISHOP of DOZA. H.R. 3135: Mr. POMPEO and Mr. LAMBORN. Utah, Mrs. BLACKBURN, Mr. BLUMENAUER, H. Res. 526: Mr. DEUTCH. H.R. 3145: Ms. JACKSON LEE of Texas. Mr. BROOKS, Mr. CARNAHAN, Mr. CASSIDY, Ms. H. Res. 560: Mrs. LOWEY. H.R. 3187: Ms. ZOE LOFGREN of California. CLARKE of New York, Mr. CONAWAY, Mr. CON- H. Res. 568: Mr. GARY G. MILLER of Cali- H.R. 3200: Mrs. LOWEY. NOLLY of Virginia, Mr. CUMMINGS, Mr. DUN- fornia, Mr. PLATTS, Mr. PAULSEN, Mr. TIBERI, H.R. 3264: Mr. JORDAN. CAN of South Carolina, Ms. EDWARDS, Mrs. Mr. BACA, Mr. GARDNER, Mr. MCCLINTOCK, H.R. 3269: Ms. CASTOR of Florida and Mr. EMERSON, Mr. ENGEL, Mr. FATTAH, Mr. FIL- Mr. PEARCE, Mr. MURPHY of Pennsylvania, COFFMAN of Colorado. NER, Mr. FORBES, Ms. FUDGE, Mr. GINGREY of Mr. LATHAM, Mrs. MILLER of Michigan, Mr. H.R. 3283: Mr. DAVID SCOTT of Georgia. Georgia, Mr. GRIFFITH of Virginia, Mr. MARINO, Ms. BROWN of Florida, Mr. THORN- H.R. 3307: Mr. PLATTS. GUINTA, Ms. HANABUSA, Mr. HINOJOSA, Mr. BERRY, Mr. TIPTON, Mr. LONG, Mr. BARLETTA, H.R. 3308: Mr. MULVANEY. HOLT, Ms. EDDIE BERNICE JOHNSON of Texas, Mr. HUIZENGA of Michigan, Mr. COSTA, Mr. H.R. 3316: Mr. COHEN. Mr. KILDEE, Mrs. LOWEY, Mr. MCCOTTER, Mr. BARTON of Texas, Mr. FORBES, Mr. TERRY, H.R. 3364: Mr. HECK, Mr. SCHIFF, Mr. LEWIS MCINTYRE, Mr. GEORGE MILLER of California, Mr. RUPPERSBERGER, Mr. CASSIDY, Mr. ROS- of Georgia, Mr. ROHRABACHER, Mr. SIRES, Mr. Mr. QUIGLEY, Mr. REED, Mr. ROGERS of KAM, Mr. HULTGREN, Mr. QUIGLEY, Mr. CUL- COURTNEY, and Mr. DEFAZIO. Michigan, Mr. RUPPERSBERGER, Ms. SCHA- BERSON UETKEMEYER ILIRAKIS H.R. 3444: Mr. MURPHY of Pennsylvania. , Mr. L , Mr. B , KOWSKY, Mr. AUSTIN SCOTT of Georgia, Mr. H.R. 3461: Mr. SIMPSON, Mr. ROTHMAN of Mr. LEWIS of California, Mr. HECK, Mr. SCOTT of Virginia, Mr. SENSENBRENNER, Mr. New Jersey, Mr. SIRES, Mr. WITTMAN, Mr. MCCOTTER, Mrs. DAVIS of California, Mr. SMITH of Nebraska, Mr. STUTZMAN, Ms. SUT- HANNA, and Mr. LANDRY. BARROW, Mr. POMPEO, Mr. FLEMING, Mr. TON ILSON ITTMAN H.R. 3485: Ms. BONAMICI. , Ms. W of Florida, Mr. W , BROOKS, Mr. SMITH of New Jersey, Mr. CROW- H.R. 3510: Ms. JACKSON LEE of Texas. Mr. WOMACK, Ms. WOOLSEY, Mr. BILIRAKIS, LEY, Mr. MICHAUD, Mr. ISRAEL, Mr. H.R. 3591: Mr. TOWNS and Ms. ZOE LOFGREN Mr. GOODLATTE, Mr. HANNA, Mr. KING of New BUCHANAN, Mr. YODER, and Mr. WESTMORE- of California. York, Mr. LANGEVIN, Mr. NADLER, Mr. PAL- LAND. H.R. 3596: Ms. FUDGE, Mr. RUNYAN, Ms. LONE, Ms. RICHARDSON, Mr. RIVERA, Mr. H. Res. 583: Ms. SCHAKOWSKY, Mr. CARNA- HANABUSA, Mr. DEUTCH, Mr. HASTINGS of RUSH, Mr. SARBANES, Ms. SCHWARTZ, Mr. HAN, Mr. GRIFFIN of Arkansas, and Mr. CAR- Florida, Ms. BALDWIN, Mr. ANDREWS, and Mr. STARK, Mr. STEARNS, and Mr. WELCH. TER. BRADY of Pennsylvania. H.R. 4066: Mr. BLUMENAUER. H.R. 3608: Mrs. HARTZLER. H.R. 4070: Mr. SCOTT of South Carolina. f H.R. 3643: Mr. FITZPATRICK and Mr. ROO- H.R. 4077: Mr. REYES and Mr. ROSS of Flor- NEY. ida. DELETIONS OF SPONSORS FROM H.R. 4115: Mr. JOHNSON of Ohio, Mr. SCOTT H.R. 3658: Mrs. MALONEY, Ms. WOOLSEY, Ms. PUBLIC BILLS AND RESOLUTIONS BORDALLO, Mr. GEORGE MILLER of California, of South Carolina, and Mr. WITTMAN. Ms. PINGREE of Maine, Mr. GRIJALVA, Mr. H.R. 4124: Mr. HANNA. Under clause 7 of rule XII, sponsors KEATING, Ms. MCCOLLUM, Mr. GUTIERREZ, Mr. H.R. 4133: Mrs. BACHMANN, Mr. BUCHANAN, were deleted from public bills and reso- Mr. RUNYAN, Mr. PLATTS, Mr. GARDNER, Mr. RANGEL, Mr. BISHOP of Georgia, Mr. MORAN, lutions as follows: PEARCE, Mr. MURPHY of Pennsylvania, Mr. and Mr. ELLISON. H.R. 3359: Mr. CLAY. SCHILLING, Mr. BURGESS, Mr. BISHOP of New H.R. 3707: Mr. MULVANEY. H.R. 3697: Mr. BUCSHON. H.R. 3766: Mr. DENT. York, Mr. COURTNEY, Mr. CROWLEY, Mr. CUELLAR, Mrs. DAVIS of California, Mr. H.R. 3767: Ms. NORTON, Mr. RYAN of Ohio, f and Mr. RUSH. ISRAEL, Ms. JACKSON LEE of Texas, Mrs. H.R. 3798: Mr. MCDERMOTT, Mr. KUCINICH, LOWEY, Mr. MCINTYRE, Mr. RUPPERSBERGER, and Ms. LEE of California. Ms. LINDA T. SA´ NCHEZ of California, Mr. PETITIONS, ETC. H.R. 3803: Mr. HARPER, Mr. FLEISCHMANN, DAVID SCOTT of Georgia, Mr. SHULER, Mr. Under clause 3 of rule XII, petitions Mr. SIMPSON, Mr. FLORES, Mr. CAMPBELL, Mr. THOMPSON of Mississippi, Mr. WALZ of Min- and papers were laid on the clerk’s nesota, Ms. SEWELL, Mr. TIPTON, Mr. LONG, GINGREY of Georgia, Mr. SMITH of Nebraska, desk and referred as follows: and Mr. YOUNG of Indiana. Mr. BARLETTA, Mr. HUIZENGA of Michigan, H.R. 3821: Ms. JACKSON LEE of Texas. Mr. SMITH of New Jersey, Mr. BROOKS, Mr. 38. The SPEAKER presented a petition of H.R. 3826: Mr. TIERNEY, Ms. SCHWARTZ, and POMPEO, Mr. BERG, Mrs. HARTZLER, Mr. ROS- The Legislature of Rockland County, New Mr. MICHAUD. KAM, and Mr. PRICE of Georgia. York, relative to Resolution No. 59 of 2012 H.R. 3839: Mr. BOSWELL. H.R. 4134: Mr. COBLE and Mr. MARINO. urging the Congress to pass H.R. 1084 and S. H.R. 3849: Mr. RENACCI, Mr. THOMPSON of H.R. 4174: Mr. MCINTYRE and Mr. COBLE. 587; to the Committee on Energy and Com- Mississippi, and Mr. HARPER. H.R. 4178: Mrs. MYRICK. merce. H.R. 3878: Mr. WALDEN. H.R. 4197: Ms. WASSERMAN SCHULTZ and Mr. 39. Also, a petition of the Council of the H.R. 3883: Mr. LANDRY. DEUTCH. City of New York, New York, relative to Res- H.R. 3897: Mr. LANKFORD. H.R. 4206: Mr. TIPTON. olution No. 892 urging the Congress to pass H.R. 3974: Mrs. NAPOLITANO. H.J. Res. 103: Mr. BACHUS and Mr. SENSEN- and the President to sign H.R. 873 and S. 453; H.R. 3993: Mr. ROTHMAN of New Jersey, Mr. BRENNER. jointly to the Committees on Transportation CLARKE of Michigan, Mr. CAMPBELL, and Mr. H. Con. Res. 87: Mr. HANNA and Mr. KING of and Infrastructure and Energy and Com- CARNAHAN. New York. merce.

VerDate Mar 15 2010 04:19 Mar 22, 2012 Jkt 019060 PO 00000 Frm 00070 Fmt 4634 Sfmt 0634 E:\CR\FM\A21MR7.021 H21MRPT1 jbell on DSK7SPTVN1PROD with HOUSE E PL UR UM IB N U U S Congressional Record United States th of America PROCEEDINGS AND DEBATES OF THE 112 CONGRESS, SECOND SESSION

Vol. 158 WASHINGTON, WEDNESDAY, MARCH 21, 2012 No. 47 Senate The Senate met at 9:30 a.m. and was appoint the Honorable KIRSTEN E. GILLI- AFFORDABLE HEALTH CARE ACT called to order by the Honorable BRAND, a Senator from the State of New Mr. DURBIN. Madam President, York, to perform the duties of the Chair. KIRSTEN E. GILLIBRAND, a Senator from there has been a lot of discussion about the State of New York. DANIEL K. INOUYE, President pro tempore. the affordable health care act passed by Congress. In fact, just next week, Mrs. GILLIBRAND thereupon as- PRAYER across the street, the Supreme Court sumed the chair as Acting President The Chaplain, Dr. Barry C. Black, of- will take up this bill and decide wheth- pro tempore. fered the following prayer: er it is constitutional. It is an impor- Let us pray. f tant decision. It is one that will affect O God, who loves us without ceasing, millions of Americans, and scarcely we turn our thoughts toward You. Re- RECOGNITION OF THE MAJORITY anyone understands the impact of this main with our Senators today so that LEADER law and what it means to their daily for no single instance they will be un- The ACTING PRESIDENT pro tem- lives. aware of Your providential power. pore. The majority leader is recog- The first aspect I wish to speak about We thank You for Your infinite love nized. is the most controversial aspect of it, that permits us to make mistakes yet the so-called individual mandate. What f still grow in grace and a knowledge of is it? From my point of view, it is a You. Lord, save us from any evil course SCHEDULE basic method of saying to everyone in America: You have a personal responsi- or idle path that leads away from Your Mr. REID. Madam President, fol- bility. You cannot say you are just not will. Today, we pray for the President lowing leader remarks the Senate will going to buy any health insurance; of the United States and for the leaders be in a period of morning business for that you don’t think you are ever going in every land. Help them to bear their 1 hour, with the majority controlling responsibilities with honor, and, Lord, to need it and are not going to worry the first half and the Republicans con- about it. today we also thank You for the amaz- trolling the final half. ing career of Senator BARBARA MIKUL- The problem is, of course, those peo- Following morning business the Sen- ple who make that statement get sick. SKI. ate will resume consideration of the We pray in Your holy Name. Amen. Some of them get involved in acci- capital formation bill. At approxi- dents. Some go to a doctor and are di- f mately 10:40 this morning, there will be agnosed with terrible illnesses and dis- PLEDGE OF ALLEGIANCE a cloture vote on the IPO bill. eases that require treatment and sur- The Honorable KIRSTEN E. GILLI- f gery, and that costs a lot of money. BRAND led the Pledge of Allegiance as The uninsured people show up at hos- RESERVATION OF LEADER TIME follows: pitals. They are not pushed away; they are invited in. They receive the treat- I pledge allegiance to the Flag of the Mr. REID. Will the Chair announce United States of America, and to the Repub- the business of the day. ment. Then they can’t pay for it. lic for which it stands, one nation under God, The ACTING PRESIDENT pro tem- It turns out that 63 percent of the indivisible, with liberty and justice for all. pore. Under the previous order, the medical care given to uninsured people in America isn’t paid for—not by them. f leadership time is reserved. It turns out the rest of us pay for it. APPOINTMENT OF ACTING f Everyone else in America who has PRESIDENT PRO TEMPORE MORNING BUSINESS health insurance has to pick up the The PRESIDING OFFICER. The cost for those who did not accept their The ACTING PRESIDENT pro tem- clerk will please read a communication personal responsibility to buy health pore. Under the previous order, the to the Senate from the President pro insurance. Senate will be in a period of morning tempore (Mr. INOUYE). So, so what? What difference does business for 1 hour, with Senators per- The assistant legislative clerk read that make? It makes a difference. It mitted to speak therein for up to 10 the following letter: adds $1,000 a year to our health insur- minutes, with the time equally divided ance program. In other words, you and U.S. SENATE, and controlled between the two leaders me and everyone with health insurance PRESIDENT PRO TEMPORE, Washington, DC, March 21, 2012. or their designees, with the majority is subsidizing those people who say: To the Senate: controlling the first half and the mi- Don’t mandate anything on me. Don’t Under the provisions of rule I, paragraph 3, nority controlling the final half. tell me I have a personal responsi- of the Standing Rules of the Senate, I hereby The Senator from Illinois. bility. But when I get sick, you can pay

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

S1873

VerDate Mar 15 2010 01:15 Mar 22, 2012 Jkt 019060 PO 00000 Frm 00001 Fmt 4624 Sfmt 0634 E:\CR\FM\A21MR6.000 S21MRPT1 pwalker on DSK7TPTVN1PROD with SENATE S1874 CONGRESSIONAL RECORD — SENATE March 21, 2012 for it. That is what the individual man- Indeed, for all the bristling over the man- have to. I think everyone in this coun- date comes down to. date, it will be irrelevant to the 80 percent of try should accept that responsibility. I listen to those who say, well, this is non-elderly Americans who already have in- There are some other aspects of the just too darn much government to say surance, either through their employers, affordable health care act which we government programs, or purchased on their don’t hear talked about from those who that people who can afford it need to own. have health insurance. Keep in mind, The biggest real-world risk to these people are calling for its repeal. Let me tell this health care bill says if people can- would be if the court were to overturn the my colleagues one. Do you have a child not afford it—if they are too poor or mandate yet allow the rest of the health- graduating from college, looking for a their income is limited—there is a care law to remain in place, driving pre- job? I have been in that circumstance. helping hand, not only in the Tax Code miums ever upward. My wife and I raised three children. but even through Medicaid to make Amazingly, Republicans have managed to Some of them found a job, but it took sure they have affordable health care transform the mandate from an exemplar of a little while. While they were looking personal responsibility into the biggest pub- insurance which will never cost them lic policy bogeyman of all time. for a job, did you ever say to your son more than 8 percent of their income. A The irony of the fight over the mandate is or daughter fresh out of college: How lot of American families would jump at that President Obama was against it before about health insurance. They probably health insurance that would only cost 8 he was for it. During the 2008 campaign, one said to you: Sorry, Mom; sorry, Dad. I percent of their income. But the law of the signature differences between Obama can’t do that now. When I get a job, I says people have to be willing to pay and Hillary Clinton was that Clinton’s will get back to it. But I feel just fine. up to 8 percent of their income to have health plan included an individual mandate I feel just fine. whereas Obama’s mandate covered only chil- It doesn’t work that way, and any re- health insurance. The reason, of dren. course, is if they don’t pay, everyone Once elected, Obama quickly recognized sponsible parent knows it. So we else pays. If they get sick, they cost us the inescapable truth: An individual man- changed the law, and here is what we $116 billion a year in uncompensated date was essential to make the plan work. said: If you have family health insur- health care coverage paid for those who Without that larger pool of premium-payers, ance, it can cover your son or daughter do not accept their personal responsi- there is no feasible way to require insurance up to the age of 26. That expanded the bility to buy health insurance. companies to cover all applicants and charge reach of health insurance coverage. It Ruth Marcus has an article in this the same amount, regardless of their heath covered these young college graduates status. morning’s Washington Post, and I ask In part, hostility to the mandate reflects a and young people looking for work so unanimous consent that it be printed broader uneasiness with the perceived en- they had that protection even when in the RECORD. croachment of big government. they were unemployed. There being no objection, the mate- In the Kaiser poll, 30 percent of those who So did it make any difference? rial was ordered to be printed in the opposed the mandate cited government over- Thanks to this provision, 2.5 million RECORD, as follows: reach as the biggest reason. Not surpris- young people have gained coverage na- [From the Washington Post, Mar. 20, 2012] ingly, twice as many Republicans (40 per- tionwide, and 102,000-plus in my State cent) cited that reason as did Democrats (18 of Illinois. That means for 2.5 million 116 BILLION REASONS TO BE FOR THE percent). INDIVIDUAL MANDATE But opposition to the mandate also stems parents, some peace of mind, knowing (By Ruth Marcus) from the public’s failure to understand—or, their kids are covered by the family The most compelling sentences in the alternatively, the administration’s failure to plan. That was part of this bill which Obama administration’s brief defending the communicate—basic facts. many Republican Presidential can- constitutionality of the health-care law For example, Kaiser found that when peo- didates are saying they want to repeal. come early on. ‘‘As a class,’’ the brief advises ple were told that most Americans ‘‘would Really? Do you want to explain that to on Page 7, ‘‘the uninsured consumed $116 bil- automatically satisfy the requirement be- 2.5 million families who have the peace lion of health-care services in 2008.’’ cause they already have coverage through of mind that their son or daughter is On the next page, the brief drives the point their employers,’’ favorability toward the home: ‘‘In 2008, people without insurance did mandate nearly doubled, to 61 percent. covered with health insurance up to not pay for 63 percent of their health-care Favorable attitudes rose to nearly half the age of 26? costs.’’ when people were told that without the man- How about the seniors paying for Those figures amount to a powerful refuta- date, insurance companies would still be al- their Medicare prescription drug bills. tion of the argument that the individual lowed to deny coverage to those who are There was this doughnut hole, which mandate—the requirement that individuals sick; that without the mandate people would means if seniors have prescription obtain insurance or pay a penalty—exceeds wait until they were sick to purchase insur- drugs covered by Medicare and they are the government’s authority to regulate ance, driving up premium costs; or that expensive, they will reach a point dur- those unable to afford coverage are exempt. interstate commerce. To me, $116 billion ing the course of a year when they seems like a whole lot of commerce. ‘‘People don’t understand how the mandate But let’s leave the Supreme Court justices works at all and they don’t understand why have to go into their savings to pay for to hack their way through the underbrush of it’s there,’’ Kaiser’s polling director, about $2,000 worth of prescription drugs the Commerce Clause. Because those num- Mollyann Brodie, told me. before the government comes back and bers are not only relevant to Commerce Brodie suspects that it’s too late to change starts helping them again. We started Clause jurisprudence, they illuminate the minds. ‘‘This law as a whole has really be- closing that doughnut hole, closing fundamental irrationality of public opposi- come a symbolic issue to people and they that gap, giving $250 of that $2,000 they tion to the individual mandate. really aren’t open to information,’’ she said. have to pay back to people in a rebate The mandate is by far the most unpopular Maybe, but the administration must keep feature of a law on which Americans are oth- trying—not only to sell the law’s goodies but initially, and then providing a discount erwise evenly divided. A Kaiser Family to explain how the mandate makes them pos- on drugs for seniors. That is part of af- Foundation poll this month found that two- sible. Otherwise, they could end up winning fordable care. That is part of what the thirds of those surveyed disliked the man- the minds of the justices, yet losing the Republicans scream is ObamaCare. date. Even among Democrats, a majority (53 hearts of the people whose votes they need to Is it a good idea? Well, just ask percent) opposed the requirement; independ- keep the law in place. 152,000 Medicare recipients in Illinois ents (66 percent) and Republicans (77 per- Mr. DURBIN. Madam President, this who have received this rebate to help cent) were even more hostile. article spells it out. This issue of an in- pay for their prescription drugs. Ask Yet this is a provision that the overwhelming majority—those with insurance— dividual mandate is an issue of per- 144,000 seniors in Illinois who have re- should support, for the simple reason that sonal responsibility. If you believe ceived a 50-percent discount on drug these people currently end up footing the bill someone should be able to walk away costs, and then ask the millions across for much of that $116 billion. from their responsibility to have America who have benefited. We are As the government’s brief notes, ‘‘Congress health coverage they can afford and giving people on fixed incomes and lim- found that this cost-shifting increases the that their medical bills should be your ited savings a helping hand so they can average premium for insured families by family’s responsibility, then cheer on have the prescription drugs they need more than $1,000 per year.’’ In other words, those worried about having all these folks who are saying we are to be healthy and strong and safe and to pay ever-higher premiums should be clam- going to repeal ObamaCare. That is independent. Is that what you want to oring for the individual mandate, not agi- what it boils down to. Do you want to be when you are a senior? Most of us tating for repeal. pay their bills? I don’t think we should do, and this bill helps.

VerDate Mar 15 2010 01:15 Mar 22, 2012 Jkt 019060 PO 00000 Frm 00002 Fmt 4624 Sfmt 0634 E:\CR\FM\G21MR6.004 S21MRPT1 pwalker on DSK7TPTVN1PROD with SENATE March 21, 2012 CONGRESSIONAL RECORD — SENATE S1875 Third, this bill basically covers pre- I will tell my colleagues this: We seniors pay for their Medicare prescrip- ventive services. We all know the know sensible regulation of insurance tion drugs. They are turning their back story: Get in and see a doctor for a coverage gives people peace of mind on families with young children fresh colonoscopy or a mammogram. Early and gives families a chance to know out of college looking for jobs, with no detection and treatment is money their child with a challenge or a prob- health insurance coverage. They are in- saved and lives saved. We extended pre- lem is still going to get the very best viting the insurance companies to once ventive care under Medicare. For 1.3 medical care. again turn down your child and your million Medicare recipients in Illi- There is something called lifetime family because of a preexisting condi- nois—just in my State, 1.3 million; limits, which is another change. You tion. They are saying, once again: Let’s more in the Presiding Officer’s State— go to the doctor, and the doctor says: get into the world of lifetime limits on they have preventive care now that Well, sorry to tell you, but you have insurance no matter how much health they didn’t have before. It means they been diagnosed with a form of cancer. care costs. are likely to stay healthy longer and We can treat it. It is going to take ag- That is their idea of a future—not cost less to our health care system. gressive chemo, radiation, maybe even mine, not my family’s. I have lived This is another aspect they want to re- surgery. It is going to take some time, through part of this. Many others have peal, those who are running against the and it is going to cost some money, but as well. So when you hear their cheer- affordable care act, running against at the end of the day we are going to ing crowds about repealing the afford- the health care bill President Obama save your life, and you are going to able care act, hoping the Supreme has pushed for. live. You are going to live to see your Court finds some aspect unconstitu- There is also a provision which says daughter’s wedding, and you are going tional, step back and ask those cheer- insurance companies have to spend 80 to live to see your grandchildren. ing crowds about their own health in- percent of the premiums they collect— Then you get into it. You say: I am surance. 80 percent—on actual medical care. determined, my family is with me. I The last thing I want to say is this. They can take 20 percent for profits am going to pray for it and get the It is interesting that Senators are de- and administrative costs and the like right outcome. bating this. You ought to see our but 80 percent on actual medical care. Guess what happens. It turns out the health insurance. You ought to see The State of Minnesota already had cost blows the lid off your health insur- what we have as Members of Congress. that on the books, and it worked. So ance coverage. You had a lifetime limit We have the Federal Employees Health we said let’s do it nationwide so if pre- on how much they would pay, which Benefits Program. Guess what. It is a miums go up, it is to reimburse health you never thought you would use until government-administered program. Oh, care—not to take out in profits, not to that diagnosis came down. So now we my goodness. You mean Republican take it out in bonuses, not to spend on have basically said we are removing Senators are part of a government-ad- an advertising budget for an insurance lifetime limits on health care. That is ministered health care program? Yes. company. That is a big change. The in- part of ObamaCare. That is part of the And you mean to tell me they have to surance companies hate it like the affordable care act. deal with an insurance exchange? Yes. devil hates holy water, and the Repub- So I say to my Republican friends That is what the Federal Employees lican Presidential candidates want to and those running for President: You Health Benefits Program is. repeal it. I think it is a sensible change want to go to the American Cancer So- Eight million Federal employees and to ensure coverage and one that we ciety and enter into a debate with their families choose once a year—in ought to protect, not prohibit. them about whether lifetime limits are my case from nine different plans that There are other provisions in this law the right thing to do? They are going cover Illinois. We like our coverage in as well, but one that affects me person- to explain to you thousands and thou- my family. Federal employees like ally and has affected, I am sure, thousands of American examples of why their coverage. Senators like their cov- sands of Americans is the question of people with lifetime limits end up in a erage. But when it comes to extending preexisting conditions. Do you have tragic situation where they need more this same benefit to every other Amer- one? A lot of people do. A lot of people coverage, they need more care. Their ican, oh, what a horror story; that is don’t even know they have one. Some- lives can be saved, but their health too much government. Really? If you times insurance companies dream care coverage is cut off. That was the are a person of principle and believe a them up. They would deny coverage for old days. That was before the afford- government-administered health care health insurance if somebody had—get able care act. plan is too much government, step up ready—acne, a preexisting condition so So those who want to repeal it stand here in the well and tell people: I am no coverage. If there is a history of sui- up and get cheering crowds. In those giving up my Federal health insurance. cide in a family, they would deny them cheering crowds are cancer patients. I have not heard a single Republican health care coverage, preexisting con- They ought to stop and think before Senator say that—not one. So let’s find dition. they start cheering and know what out. When we come down to the ques- Let me just say to every parent lis- they are cheering for. tion about health care insurance for all tening: Thank the Lord if your child The affordable care act is a sensible, Americans, I think they deserve at doesn’t have asthma, diabetes, or reasonable step in a direction toward least the kind of coverage that Mem- something more serious because until containing health care costs and mak- bers of Congress have. the affordable care act was passed, that ing health care insurance coverage Madam President, I yield the floor. was enough to disqualify your child fairer for Americans all across our Na- f and maybe your family from health in- tion. surance coverage. Oh, they can’t wait Is it a perfect law? Of course not. As RECOGNITION OF THE MINORITY to repeal that. They say: Let’s repeal I have said many times, the only per- LEADER ObamaCare. Let’s get rid of that pre- fect law I am aware of was carried The ACTING PRESIDENT pro tem- existing condition provision, and let down a mountain on clay tablets by pore. The Republican leader is recog- those insurance companies deny cov- Senator Moses. Ever since, we have nized. erage. done our best. We can always do better, f America, is that what you want? Is and I am open to change, I am open to that what you are looking for? Is that improvement. But for those who want JOBS ACT too much government to say to insur- to walk away from the affordable care Mr. MCCONNELL. Madam President, ance companies: You can’t deny chil- act, listen to what they are walking for the past several months, I and oth- dren under the age of 18 health insur- away from. ers have been calling on the Demo- ance coverage if they are victims of di- They are imposing a $1,000 premium cratic majority here in the Senate to abetes, if they have had a bout with on families to pay for the uninsured take up and pass the various bipartisan cancer, if they have asthma? Oh, some who will not accept their personal re- jobs bills that House Republicans have of these folks are for the Wild West: sponsibility to buy health insurance. been sending across the dome. These Get government out of my life. They are walking away from helping bills on their own certainly will not

VerDate Mar 15 2010 01:15 Mar 22, 2012 Jkt 019060 PO 00000 Frm 00003 Fmt 4624 Sfmt 0634 E:\CR\FM\G21MR6.006 S21MRPT1 pwalker on DSK7TPTVN1PROD with SENATE S1876 CONGRESSIONAL RECORD — SENATE March 21, 2012 solve the jobs crisis, but they will pealed and replaced with the kind of Americans wanted lower costs and to make it a lot easier for entrepreneurs commonsense reforms Americans actu- have more control of their health care and innovators to get the capital they ally want. decisions, and they got the opposite in- need to build businesses and create Two years ago, then-Speaker PELOSI stead. They wanted lower premiums; jobs. And because these bills are more said: they got higher premiums. They want- concerned with getting Washington out We have to pass the bill so that you can ed a government that lives within its of the way than getting it more in- find out what is in it. means, and they got a new entitlement volved, these bills also send an impor- Well, 2 years later, here is what we instead. They wanted more options; tant message that the economy and the have found so far. they got fewer. They wanted better country are a lot better off when folks The Democrats’ health care law has care; it is going to be worse. That is have more control over their economic led and will continue to lead to higher why Americans want this bill repealed. destinies, not less. costs and hundreds of thousands of Look, this bill would be unconstitu- Last night, we were on the cusp of fewer jobs over the next decade. tional even if it did the things the passing a collection of bills known as We now know it is loaded with bro- President said it would. But the fact the JOBS Act. This bill had over- ken promises, such as the one the that it did the opposite of what he whelming bipartisan support in the President made over and over during promised means it should be repealed House. Nearly 400 Members voted for it. the health care debate. He said: either way, whether the constitu- And the President himself says it will If you like your current plan, you will be tionality of it is upheld or not. create jobs, he supports it and would able to keep it. It should say something when the sign it into law. According to the independent Con- President himself is not talking about Unfortunately, a handful of Demo- gressional Budget Office, 3 million to 5 this bill except in closed campaign crats here in the Senate wants to slow million Americans will lose their cur- events. it down. They denied Americans this rent plan each year under the most It is time to repeal this bill and re- bipartisan victory for jobs that we likely scenario. place it with the kind of commonsense could have had last night. The health care law will strip billions reforms people want—reforms that ac- So this morning I would ask our out of Medicare and increase the Med- tually lower costs, protect jobs and friends on the other side to reconsider. icaid rolls in States by nearly 25 mil- State budgets, and return health care I would ask them to put the politics lion, costing already cash-strapped decisions back to individuals and their aside and allow this bipartisan bill to States an additional $118 billion and al- doctors. That is a reform that both actually move forward. We could pock- most certainly lowering the quality of parties and all Americans could sup- et this achievement and move on to care for millions of Americans who deport. other measures, including the reau- pend on this vital program. Madam President, I yield the floor. thorization of the Export-Import Bank, In my State of Kentucky, an esti- The ACTING PRESIDENT pro tem- which I suggested yesterday. One bill mated 387,000 more people will be pore. The Senator from Illinois. alone cannot undo the damage inflicted forced into Medicaid—at a time when f on the economy by this administra- Kentucky’s Medicaid Program is al- HEALTH CARE REFORM tion, but it sure could help, and we ready facing huge deficits just trying need to show the American people we to provide benefits to current Medicaid Mr. DURBIN. Madam President, can do this. recipients. As a result of this law, more those who have followed this debate This bill is exactly the kind of thing than a million Kentuckians or 29 per- know Members can disagree, and, obvi- Americans have been asking for: great- cent of my State’s population will soon ously, I disagree with the Republican er freedom and greater flexibility. That be on Medicaid. Kentucky’s Governor, leader on the issue of health care re- is one of the reasons it has had such a Democrat, is on record saying he has form. I would say there are a couple overwhelming bipartisan support. At a no idea—no idea—how Kentucky will elements I would add. moment when millions are looking for meet its responsibilities if the law Yes, we expand the Medicaid rolls. work and Democrats say they want forces several hundred thousand more That is health insurance for those in more bipartisan action on jobs, this is people into the State’s Medicaid Pro- low-income categories. But the Federal it. gram. The math simply does not add Government picks up the tab. It is not We are in the middle of March Mad- up. an added expense to the State govern- ness here. To use a basketball meta- This is just one example of how the ments for 4 or 5 years, and we are hop- phor: This is a layup. Let’s get it done. law is unsustainable and hurts the ing their economy gets better. f most vulnerable the most. The bottom What about the 1 million Kentuck- line is this: This health care law is an ians who are going on the Medicaid HEALTH CARE absolute mess—a mess—and the Amer- rolls? Those 1 million Kentuckians Mr. MCCONNELL. Madam President, ican people do not want it. According have no health insurance today. Will this week marks the 2-year anniver- to a Washington Post-ABC News poll they ever get sick? Will they show up sary of the President’s health care out this week, more than a half of at a hospital? Yes, they will. Who will law—one that is often described as his Americans do not like it—a figure that pay for their bills? The rest of the folks signature legislative achievement. But has not changed much at all since the living in Kentucky with health insur- you would not know it based on the Democrats forced it through Congress 2 ance and the rest of us. President’s schedule this week. For a years go. Two-thirds believe the Su- Is that fair? Do these people have a President who is not particularly shy preme Court should throw out the indi- personal responsibility to have health about taking credit even for things he vidual mandate or the whole law. insurance, as long as we help them, if did not have anything to do with, he is When it comes to the cost of health they are in lower income categories, curiously silent this week about a bill care, this law makes everything worse. pay the premiums with tax breaks and he talked about for more than a year Two and a half years ago, the President enrolling them in Medicaid? Of course before it passed. According to news re- said his health care plan would ‘‘slow they do. ports, the President does not even plan the growth of health care costs for our Accepting personal responsibility to mark the occasion. families, our businesses, and our gov- used to be the first thing the Repub- Well, we are happy—Republicans are ernment.’’ Yet the Obama administra- licans told us about their family val- very happy—to talk about it for him, tion itself now admits total spending ues. Why don’t people have to accept even though he is reluctant. We are on health care will increase by $311 bil- personal responsibility and have health happy to point out the ways in which lion under the President’s health care insurance so the cost of their care is this law has failed to live up to the law. According to the CBO, it increases not borne by their neighbors and the promises the President made about it. net Federal health spending and sub- rest of America? We are happy to make the case for why sidies on health care by $390 billion, Let me also add again, Members of this unconstitutional infringement on and drives up premiums on families by the U.S. Senate have a government-ad- America’s liberties needs to be re- $2,100 per year. ministered health care program that

VerDate Mar 15 2010 01:15 Mar 22, 2012 Jkt 019060 PO 00000 Frm 00004 Fmt 4624 Sfmt 0634 E:\CR\FM\G21MR6.008 S21MRPT1 pwalker on DSK7TPTVN1PROD with SENATE March 21, 2012 CONGRESSIONAL RECORD — SENATE S1877 protects them, their family, and their CROWDFUNDING I hope we will have a chance to vote children. They sign up for it every sin- Mr. BENNET. Madam President, in on it. I will urge my colleagues on both gle year. Not a single one has come to my townhalls we talk about a lot of sides of the aisle to see this as a real the well here and said: I am so opposed things that are very different from opportunity to take one step—not a to government-administered programs what people argue about in this place. huge step but one important step—for- I am going to stop enrolling in the One of the issues we talk about is the ward to filling this gap we see, to cre- health insurance program for Members economy. And we talk about these four ating an economy again where rising of Congress—not a one. lines, as shown on this chart. economic output also means rising f The first line is our gross domestic wages, and that rising economic output product, the economic output of the also means growing jobs. This crowd- JOB CREATION United States of America, which is funding amendment is a chance to do Mr. DURBIN. Madam President, I see higher today than it was before we it. It is bipartisan. my colleague from Colorado is on the went into this recession. A lot of peo- I have some letters of support, and I floor, and he is going to speak to an ple do not know that. We are producing ask unanimous consent that they be amendment which is very important. more than we were producing before we printed in the RECORD. The Republican leader addressed an as- went into the recession. There being no objection, the mate- pect of it. I will make a brief comment. Our productivity has gone up dra- rial was ordered to be printed in the If we want to create jobs in this matically since the early 1990s, as we RECORD, as follows: country, we know how to do it. We have responded to competition from NATIONAL SMALL BUSINESS passed a bill here last week, 74 to 22— China and India and other places, as we ASSOCIATION, a bipartisan bill. What a miracle. A bi- have used technology to enhance our Washington, DC, March 15, 2012. partisan bill passes the Senate, a bill economic output. We have the most Hon. HARRY REID, that would create 2.6 million, maybe productive economy we have ever seen. Majority Leader, Hart Senate Office Building, 2.8 million jobs—create and save that But we also face some very poten- Washington, DC. many jobs in this economy—a bill that Hon. MITCH MCCONNELL, tially catastrophic circumstances in Minority Leader, Russell Senate Office Build- will help the American economy ex- this economy, one of which is that me- ing, pand in the 21st century. What could it dian family income has fallen for the Washington, DC. possibly be? It is called the Federal last 10 years—the first time that has DEAR MAJORITY LEADER REID AND MINOR- transportation bill. We do it every 5 happened in our country’s history. ITY LEADER MCCONNELL: The National Small years. If we do not do it—if we do not And the other is that we have 23 or 24 Business Association (NSBA) supports the build the roads, the bridges, the air- million people who are unemployed or Capital Raising Online While Deterring ports, sustain passenger rail service underemployed in an economy that is Fraud and Unethical Non-Disclosure Act of and Amtrak, make certain we have producing what it was producing before 2012 (CROWDFUND Act, S. 2190), which would promote entrepreneurship, job cre- mass transit and buses around Amer- the recession happened. That is a ation and economic growth by making it ica—our economy starts to contract in- structural issue. I have spoken on this much easier for small companies to raise stead of grow. floor about the importance of edu- capital and get new ideas off the ground. We passed this bill with a strong bi- cation in that context because the This legislation represents a reasonable ef- partisan vote, thanks to Senators worst the unemployment rate ever got fort to accommodate differing points of view BOXER and INHOFE. A Democrat and a for people with a college degree during and to move this important idea forward. Republican, a progressive and a con- the worst recession since the Great De- Representing over 150,000 small-business owners across the nation, NSBA is the coun- servative, came together on the bill. 1 pression was 4 ⁄2 percent. That is a try’s oldest small-business advocacy organi- We sent it over to the House of Rep- pretty good stress test of the value of zation and greatly appreciates your leader- resentatives and they said: Sorry, we a college education. ship on such an important issue for Amer- are not going to take it up. We will not The other thing we need to make ica’s entrepreneurs and small-business com- vote on it. We are going to send you a sure we are doing as a country is con- munity. bill that allows people to create new tinuing to innovate and drive innova- This legislation creates a crowdfunding ex- startups, these new private companies, tion across the United States because emption allowing a company to raise up to $1 and we are going to eliminate the regu- it is those companies—the ones that million with reasonable per investor limits. lation that makes sure investors do not are created tomorrow, the ones that It also pre-empts state level registration requirements, which is critical if crowdfunding get fleeced. That is how we want to are created next week—that are going legislation is to have a meaningful positive create jobs. to create new jobs in this country. impact. Furthermore, it adds additional reg- Well, that is like hoping America has That is going to drive our median fam- ulations designed to safeguard investors. amnesia. We remember the subprime ily income up instead of down. Under current law, equity markets are mortgage mess when a lot of That is why I am on the floor today largely closed to entrepreneurs and small unsuspecting people were dragged into to talk about a bipartisan bill, a bill businesses because they are generally only offices and into mortgages they had no Senator MERKLEY and Senator BROWN permitted to raise capital from people with idea were going to explode when the and I have worked on, on crowdfund- whom they have a pre-existing relationship ing. It is an amendment that I hope or through investment bankers who demand balloon burst. a large share of the company for their serv- Now, once again, the Republicans will come to the floor. I hope we can ices. Even private placements (usually Regu- have said: The best way to create jobs get to a vote. Over the past months, we lation D offerings) involve high legal fees in the future is to let that happen when have worked together in a bipartisan and generally require that the offering be it comes to the sale of stock in new way on a crowdfunding proposal that limited to accredited investors (those with companies. I am with Mary Schapiro, would allow crowdfunding to thrive but incomes over $300,000 or a residence exclusive the Commissioner of the Securities and would also create an appropriate level net worth over $1 million). Exchange Commission. She has warned of oversight and investor protection. The costs associated with starting and We have done something very un- growing a business are significant. According us, we need to put protections in this to the Bureau of Labor Statistics (BLS), bill. It is not going to create the jobs usual in this town: we took time to lis- from March 2009–March 2010, only 505,473 new they talk about. It is going to endanger ten to people. We listened to crowd- businesses were created in the United States, investors. funding platforms, entrepreneurs, and the lowest rate of growth since the BLS I yield the floor for the Senator from investor protection advocates. Many of started compiling data. This bill would fa- Colorado. them support this bill and have en- cilitate job creation, incentivize entre- The ACTING PRESIDENT pro tem- dorsed this bill. We worked hard to in- preneurs, and promote long term economic pore. The Senator from Colorado. corporate their ideas. As a result, we growth. Mr. BENNET. Thank you, Madam have a bipartisan amendment that has Despite our general support for S. 2190, there are a few areas where we hope this leg- President. And I thank the Senator the support of both businesses and con- islation could be further improved as it from Illinois for his leadership and sumer advocates. That is something moves forward: agree it is vital we pass the transpor- which does not happen frequently in We would hope and recommend that the $1 tation bill. this town. million annual limit could be increased to $2

VerDate Mar 15 2010 05:19 Mar 22, 2012 Jkt 019060 PO 00000 Frm 00005 Fmt 4624 Sfmt 0634 E:\CR\FM\G21MR6.009 S21MRPT1 pwalker on DSK7TPTVN1PROD with SENATE S1878 CONGRESSIONAL RECORD — SENATE March 21, 2012 million in conference. There are many small While I believe that your legislation is reasonable alternative to broker registration business ideas that require more than $1 mil- much stronger than previous bills, I do still by permitting crowdfunding intermediaries lion to get off the ground. have concerns regarding requirements that to be lightly regulated as ‘‘funding portals.’’ Although we regard most of the investor do not adequately consider the different role These portals would continue to be subject safeguards as reasonable, there are a few pro- debt plays in the capital structure, and hope to essential investor protection rules while visions that we believe should be amended, that we have the opportunity to address relieving them of regulation that is unneces- as they may increase legal risk and adminis- these differences in the rule making process sary in the crowdfunding context. trative costs considerably. In particular, the (we appreciate your guidance in drafting po- Furthermore, the CROWDFUND Act re- provision requiring an explanation of the tential legislative history to this effect). We quires that issuers provide appropriately valuation method used by the issuer creates also believe that the current requirements limited financial disclosures depending on substantial legal risk and uncertainty since still take a one size fits all approach, and we the size of the offering, whereas the JOBS in retrospect almost any valuation method ask that the rule makers consider the cost/ Act provides a one-size-fits-all blanket ex- will prove incorrect. It is not clear what benefit of additional disclosure for very emption from providing any financial infor- ‘‘valuation’’ would meet this requirement small offerings. In addition, the existing re- mation for offerings of up to $1 million. The and protect issuers from litigation risk given quirement for portals to belong to a national CROWDFUND Act also provides regulators the fact that any valuation is going to prove securities association provides a potential with 21-day advance notice of crowdfunding wrong either on the upside or, more rel- obstacle to our industry (time/cost), with no offerings. In contrast, the JOBS Act allows evantly, on the downside. real benefit, since existing associations do for notice with the making of the first offer, In addition, the provisions granting the Se- not have any specific rules for crowd funding at which point regulatory action will often curities and Exchange Commission almost sites. We do realize, however, that our indus- be too late. unfettered discretion to issue additional reg- try will need to quickly form its own self- Notwithstanding the CROWDFUND Act’s ulations governing crowdfunding could prove regulatory association. significant improvements over the JOBS highly problematic. The legislation should We believe that rule making should permit Act’s crowdfunding exemption, I remain con- contain a provision limiting this discretion portals/issuers to rely on investor represen- cerned regarding the potential for fraud in and requiring the Commission to consider tations to comply with funding limits. Fi- crowdfunding markets. I strongly encourage the costs of any additional regulation and its nally, the rule making process with the Se- the reconsideration of the $2,000 investment likely impact on the crowdfunding market- curities and Exchange Commission will take limit as applied to low-income individuals place. time—we believe that someone should ad- and recommend that investments not exceed Small businesses are America’s economic dress what occurs in transition. the greater of $500 or 5% of income. I also en- engine and are the most dynamic and inno- Overall, we are very supportive of your courage a thoroughgoing re-evaluation of the vative sector of the U.S. economy. They most recent legislation, and we are happy to operation of the crowdfunding exemption in comprise 99.7% of all domestic employer help in any way to assist in advocating its practice following the delivery of each of the firms, employ approximately 50% of all pri- passage. SEC reports required in Section 6 of the Act. Please let me know if I can do any more to vate sector employees, and have created In conclusion, I applaud the CROWDFUND be of assistance, and we look forward to roughly 65% of America’s new net jobs over Act’s reasonable balancing of the costs of working with your team to create an excit- the past 17 years. raising capital for the smallest issuers, and NSBA is pleased to support the Capital ing new opportunity for small business ac- the benefits of adequately protecting both Raising Online While Deterring Fraud and cess to capital. investors and the integrity of the U.S. secu- Unethical Non-Disclosure Act of 2012 Sincerely, rities markets. (CROWDFUND Act, S. 2190) and thanks Sen- CANDACE KLEIN, Sincerely, ators Merkley, Bennet, Brown and Landrieu Founder/CEO. MERCER BULLARD, for their tireless efforts to improve small- President and Founder. business capital access. We look forward to FUND DEMOCRACY, working with you to address the concerns March 14, 2012. THE STARTUP EXEMPTION, outlined and, ultimately, together help to Hon. HARRY REID, enact this critical piece of legislation. Majority Leader, U.S. Senate, Miami Beach, FL, March 14, 2012. Sincerely, Washington, DC. Senator HARRY REID, Senate Majority Leader, Hart Senate Office TODD O. MCCRACKEN, Hon. MITCH MCCONNELL, President. Minority Leader, U.S. Senate, Bldg., Washington, DC. Washington, DC. DEAR SENATOR REID: We began this process SOMOLEND, DEAR MAJORITY LEADER REID AND MINOR- over a year ago with the goal of creating a Cincinatti, OH, March 16, 2012. ITY LEADER MCCONNELL: I am writing on be- system under which entrepreneurs can raise Senator JEFF MERKLEY, half of Fund Democracy to express my sup- capital to create jobs. We understand there Hart Senate Office Building, port for the Capital Raising Online While De- are major differences between the House and Washington, DC. terring Fraud and Unethical Disclosure Act Senate versions of the Crowdfunding bills DEAR SENATOR MERKLEY: It is with great of 2012 (‘‘CROWDFUND Act’’). As the Act’s and we desire for the Senate Banking Com- pleasure that I, on behalf of my company, title suggests, an exemption from registra- mittee to have a chance to work these issues SoMoLend, write to you today in support of tion requirements for very small securities out there so that both Houses of Congress your most recent compromise bill with Sen- offerings creates significant potential for can pass this legislation. ators Brown and Bennett. As a platform that fraud and unethical conduct. The In January 2011, we proposed the regu- has been developed to eventually allow peer CROWDFUND Act addresses this concern by latory framework, which is the basis for all to peer lending (debt only), we applaud your providing significant regulatory relief to the Crowdfunding bills currently under con- efforts to allow for new small business bor- very small issuers without unreasonably sideration in Washington, DC. After a year of rowing opportunities while also protecting compromising the investor protection provi- dedicated work we are comforted by the fact the lender and borrower. sions on which the federal securities laws are that the Senate, House and President under- Specifically, we appreciate the language grounded and the long-term success of the stand how important capital is to our na- that lifts the financial limits on investment U.S. securities markets has been based. tion’s entrepreneurs for innovation and job to be robust enough to support the borrower In particular, I note the substantial im- creation. The passage of the House industries we serve. Additionally, the new provements over the crowdfunding exemp- Crowdfunding Bill (H.R. 2930), coupled with disclosure/regulatory requirements are ro- tion contained in Title III of the Jumpstart the President’s very strong leadership and bust enough to provide guidance to a new in- Our Business Startups Act (‘‘JOBS Act’’) re- support was a great demonstration of bipar- dustry, but will also benefit the crowd-fund- cently approved by the House. The JOBS tisanship. The active debate in the Senate, ing industry in the long-term (as compared Act’s crowdfunding exemption, aptly re- further reinforces the commitment to updat- to a possible race to the bottom with a ‘‘no ferred to by Columbia Law School Professor ing securities regulations that were written regulatory’’ approach). Finally, we believe John Coffee as the ‘‘The Boiler Room Legal- at a time when we didn’t have the tech- the disclosure/regulatory requirements will ization Act,’’ removes fundamental investor nology to better enable the free flow of infor- provide adequate information to investors, protection measures that are essential to the mation and investor protection. Once legal- advising of risk but also deterring fraud. successful operation of the U.S. securities ized, Crowdfund Investing (CFI) will allow a Again, this has long-term benefits to the in- markets. limited amount of community-based capital dustry as a whole. Most notably, the JOBS Act would grant to flow into the hands of our nation’s job We also recognize a shift from your origi- broker-dealers who act as intermediaries in creators and innovators, while providing pru- nal bill and thank you for removing the re- crowdfunding offerings a complete exemp- dent investor protections. quirement for audited and reviewed finan- tion from registration as brokers. Such an We are three successful MBA entrepreneurs cials for businesses raising small amounts of exemption is grossly overbroad and removes having raised in excess of $100M in venture money, as this requirement would have been an entire regulatory structure for precisely and private equity capital and deeply under- so cost-prohibitive that it would have served the kind of small offerings where experience stand the capital markets, and their risks as a dis-incentive for small business partici- has demonstrated a high risk of fraud. In and rewards. In drafting our framework, we pation. contrast, the CROWDFUND Act provides a worked hard to balance the interests of the

VerDate Mar 15 2010 05:19 Mar 22, 2012 Jkt 019060 PO 00000 Frm 00006 Fmt 4624 Sfmt 0634 E:\CR\FM\A21MR6.003 S21MRPT1 pwalker on DSK7TPTVN1PROD with SENATE March 21, 2012 CONGRESSIONAL RECORD — SENATE S1879 entrepreneur, investor, intermediary and ORDER OF PROCEDURE businesses, and our government.’’ In regulator. We endorsed H.R. 2930, as it is fact, last week the nonpartisan Con- aligned with our framework. Since then, we Mr. WICKER. Madam President, I rise to speak on the second-year anni- gressional Budget Office and Joint worked closely with the Senate to under- Committee on Taxation updated their stand their concerns and work on a bill to in- versary of the Patient Protection and clude provisions that can yield bipartisan Affordable Care law. I will be joined outlook of the health care law’s impact support while creating an regulatory envi- shortly by a few of my colleagues. I ask on the Federal budget. Not surpris- ronment in which a Crowdfund Investing in- unanimous consent that at that point ingly, their latest analysis says dustry can grow and succeed. we engage in a colloquy. Obamacare will cost even more than It is with this in mind that we write to anticipated. And the anticipated costs suggest that if you consider the House The ACTING PRESIDENT pro tempore. Without objection, it is so or- were high, indeed, but they say the version of the bill you consider adding the health care law will cost nearly $1.8 following crucial components: dered. trillion over the next decade or double 1. Crowdfund Investing intermediaries that f are SEC-regulated to provide appropriate the estimated cost that accompanied oversight HEALTH CARE the bill when Democratic supermajori- 2. All or nothing financing so that an enties passed it in 2010. This is hardly the trepreneur must hit 100% of his funding tar- Mr. WICKER. Madam President, on relief President Obama promised. get or no funds will be exchanged Friday of this week 2 years will have During his campaign, the President 3. State notification, rather than state reg- passed since President Obama signed said the plan would reduce health care istration, so the states are aware of who is the Patient Protection and Affordable crowdfunding in their states. This ensures premiums by an average of $2,500 per Care Act into law. This is actually a family. Instead, premiums have grown they retain their enforcement ability while sad anniversary because more than creating an efficient marketplace. by nearly that much since he was Senators Merkley, Bennett, Brown and enough time has gone by to reveal the elected. Landrieu should be commended for their failures of this massive, burdensome I see I am joined by two of my col- thoughtfulness in crafting a bipartisan com- piece of legislation. leagues, the distinguished Senator promise bill. Passage of Crowdfund Investing The fact that 26 of our 50 States— from Wyoming and the distinguished legislation this session will create the Amer- more than half of the States—are part Senator from Kansas. ican jobs and innovation that our economy of the legal challenge currently under There are a number of other promises so desperately needs. Please consider taking review by the Supreme Court points we are talking about today, and I know up this bill. out the inevitable truth: This is a law Sincerely, we don’t impugn motives around here— SHERWOOD NEISS, JASON BEST & that simply does not work. that is against the rules—but one has ZAK CASSADY-DORION, The case that will be heard in a few to wonder, did advocates of this mas- Co-founders. days will be one of the most consequen- sive law actually believe these prom- tial Supreme Court cases of my life- ises or were they simply duped and MARCH 15, 2012. time—consequential not only because misled? And I don’t know which is Senator HARRY REID, it deals with this massive, burdensome worse, but I know that my colleague Senate Majority Leader, Hart Senate Office piece of legislation but because the im- Dr. BARRASSO, himself a physician who Building, Washington DC. plications go so much further. The Su- DEAR SENATOR REID: I write to express sup- is on the front line of this issue, has port for the bipartisan CROWDFUND Act re- preme Court case will decide the scope given this a great deal of thought, so at cently proposed by Senators Merkley, S. of the commerce clause. Indeed, my this point I ask him to join in this col- Brown, Bennet and Landrieu. colleagues, if the Supreme Court de- loquy. CrowdCheck, Inc. was formed to support cides this law can withstand constitu- Mr. BARRASSO. Madam President, I entrepreneurs seeking crowdfunding by giv- tional scrutiny, then this large, mas- stand here with my friend and col- ing them a way to establish their legitimacy sive Federal Government can, in fact, league from Mississippi because he and in a field that many have predicted will be do almost anything, and there will be vulnerable to fraud, and to give investors a I both attended, in his home State of tool to recognize and avoid fraud. Our found- hardly any limitations under the Con- Mississippi, a meeting at a hospital ers include several business lawyers, and I stitution and the Bill of Rights on the where we met with doctors, also met am a securities lawyer with three decades of power of the U.S. Federal Government. with patients, and met with people experience helping companies comply with Americans are right to be dis- from the community while the debate SEC disclosure requirements. I thus under- appointed with Obamacare, and they and discussion was being conducted stand the burdens such regulations can im- are right to want it repealed. And re- about this health care law. At the pose on entrepreneurs, and also the informa- gardless of the outcome of the Supreme time, people were asking all sorts of tion investors need to make an informed in- Court case, this Congress can decide vestment decision. I am therefore pleased to questions because they had heard the see the careful balance in the bill between and, as a matter of fact, the people of promises. Would this actually lower investor protection and burden on the entre- the United States will have a chance in the cost of insurance by $2,500 a fam- preneur. November, as we do every 2 years, to ily? That is what people wanted. That While we have some concerns with respect decide. is what they expected. The other ques- to interpretation of certain provisions in the A recent Gallup poll shows that twice tion: Will I really be able to keep the bill, we look forward to working with the as many Americans think the law will care I have and the doctor I have if I sponsors of the bill to address these. We make things worse for their families therefore urge you to support this bipartisan like it? effort to pass the CROWDFUND Act. than those who believe it will make Now here we are a couple of years Sincerely, things better. Seventy-two percent of later, the second anniversary of this SARA HANKS, Americans believe the individual man- health care law being passed, and I am CEO, CrowdCheck, Inc. date is unconstitutional. here with my friend and colleague from Mr. BENNET. It moves this ball The truth is that Americans deserve Mississippi, and it just seems to me down the field. I hope it establishes a affordable, high-quality health care, that the questions that were asked by model for how we can work together to not a 2,700-page, big-government piece his constituents, by the doctors in make sure that we are actually ad- of legislation that taxes, spends, and those communities who take care of dressing things I am hearing about in regulates. The President’s health care the patients, by the patients, the hos- the townhalls and that we are driving law has not lowered the cost of health pital administrators whom we talked wage growth and job growth here in the care as promised. It has not created to that day in his home State of Mis- United States. jobs as promised. It has not reduced sissippi—it does seem that many of I yield the floor. the deficit as promised. So this week these promises have been broken. The ACTING PRESIDENT pro tem- we mark the anniversary not with The costs seem to go up higher than pore. The Senator from Mississippi. progress but with bitter realities. had this health care law not been Mr. WICKER. Madam President, are President Obama, in his joint session passed at all. The numbers and the sta- we in morning business? speech to Congress in 2009, asserted tistics we are hearing now from the The ACTING PRESIDENT pro tem- that his plan ‘‘will slow the growth of budget office on the cost seem to be pore. We are. health care costs for our families, our much, much higher than what the

VerDate Mar 15 2010 01:15 Mar 22, 2012 Jkt 019060 PO 00000 Frm 00007 Fmt 4624 Sfmt 0634 E:\CR\FM\A21MR6.004 S21MRPT1 pwalker on DSK7TPTVN1PROD with SENATE S1880 CONGRESSIONAL RECORD — SENATE March 21, 2012 President promised. Parts of this paid for. The consequences are that the They foisted that off on us. Why? Ini- health care law—the so-called CLASS administration is already proposing tially, because of CBO scoring, it would Act—it now comes out were accounting and Congress will always be looking for show an increase in finances into reve- gimmicks, budget schemes to make it ways to reduce spending when it comes nues and into the whole ObamaCare seem as though the cost of this health to health care, and the most likely tar- program. But as soon as those people care law would be much less than what get is the payment Medicare makes to who were paying in became eligible, American people now know it to be. health care providers, which in many obviously, the reverse happened. Thank So it is no surprise to me—and I see instances already doesn’t cover the God for former Senator Gregg of New this in Wyoming, and I am sure the cost for providing the service. So when Hampshire, who had an amendment Senator sees it in Mississippi, and I we look for access to health care, every adopted that required the Secretary to would imagine the Senator from Kan- time we make a decision, every time a certify that the program would be sol- sas who is on the floor has seen the decision will be made in order to try to vent for over 75 years before the pro- same thing at home because I know he make this more affordable, we are gram could be implemented. If it has gone to hospitals and just—maybe going to see fewer and fewer providers hadn’t been for that, the CLASS Act almost every hospital in the State of able to provide the services necessary would be here today. Kansas as he has traveled around. We to folks across the country but espe- Then, last October, the Secretary of are all seeing that this health care law cially in rural communities where 60, Health and Human Services issued a re- is less popular now than when it was 70, 80, even 90 percent of the patients port confirming what many of us knew passed. That is what I hear at townhall admitted to the hospital are on Medi- was inevitable: that the Secretary meetings. When I ask, do you think care. could not certify the CLASS Act’s sol- you are actually going to pay more So one of the problems with the af- vency as required under law. So we under the health care law, every hand fordable care act is the reality that it went through this exercise of fran- goes up. And when I say, do you think will reduce access to health care for tically searching for ways to increase the quality and availability of your people who live in rural America and revenue, at least the way CBO does we will see fewer physicians accepting own care at home is going to go down, scoring. So we did the CLASS Act and, patients on Medicare, we will see fewer again, every hand goes up. thank God, Senator Gregg of New So if I could ask my colleague from hospital doors remain open; as this bill Hampshire put in an amendment that Kansas if he is hearing the same takes $500 billion out of Medicare to they had to certify that it would be things. And I see we are also joined by begin with, the Congress that passed viable over 75 years. There was not a the Senator from Arizona. and the President who signed this leg- snowball’s chance in Gila Bend, AZ, Mr. MORAN. I appreciate the oppor- islation set the stage for there to be that they were able to certify that for tunity to be on the floor today, espe- less affordable health care available to over 75 years it would be a viable pro- cially with the Senator from Wyoming, Americans across the country but espe- gram. a doctor who is such an expert on the cially for constituents of mine who live It was kind of entertaining, but late topic of really not just the moment, in a rural State such as Kansas. on a Friday night the Secretary of Mr. WICKER. If I could jump in on not just the day, but the topic of what Health and Human Services said she the issue of Medicare because I have a our country faces. could not certify that the program quote here from President Obama, July I will say that I do spend a lot of would be solvent throughout a 75-year 29, 2009: ‘‘Medicare is a government time in hospitals across our State talk- period. The result of this was, obvi- program, but do not worry, I am not ing to health care providers, talking to ously, that they didn’t have the false going touch it.’’ As a matter of fact, patients, doctors, to administrators, revenues that CBO could score. They only months later he signed into law trustees. In fact, there are 128 hospitals didn’t have a program that could pro- Obamacare, which takes $1⁄2 trillion in our State. I have visited all of them, vide long-term care for seniors. Again, from Medicare. And it touches on the and there is genuine concern about the as the Senator from North Dakota very issue the Senator from Kansas future of the ability for health care to aptly pointed out, this ‘‘Ponzi scheme was referring to with regard to Medi- of the first order’’ faced and met a be delivered in communities across our care access for people in rural Kansas. well-deserved death. State. And you add to that the physi- Mr. MCCAIN. Madam President, I That is why an overwhelming major- cian and other health care provider might point out to my friend from Mis- ity of the American people disapprove community, and this health care re- sissippi that the first amendment we of this whole exercise of ObamaCare. form act is creating significant chal- had on the floor of the Senate when we They want it repealed. They don’t sup- lenges. were considering ObamaCare was to report it. I am proud to say in this elec- My interest in public service started store that $500 billion, and it was voted tion we will decide whether we repeal a long time ago with the belief that we down on a party-line basis. and replace ObamaCare. The American live our lives in rural America, in my I thank my friends for allowing me to people care about that. State of Kansas, in a pretty special engage in this colloquy. I want to dis- Mr. WICKER. Madam President, to way. When I came to Congress, it be- cuss this with my friends. In my view, summarize what the Senator from Ari- came clear to me that if our commu- probably what encapsulates the prob- zona has just said, the CLASS Act was nities were going to have a future, it lems with this legislation—the com- sold to the American people as a budg- was dependent upon the ability to de- mitment began that we would provide et deficit reducer. It was going to re- liver health care close to home. And affordable health care to all Ameri- duce the deficit. No sooner was it those rural communities across our Na- cans, which meant we had to put the signed and they started looking at it tion often have high proportions of sen- brakes on inflation in health care be- that the administration itself said: We ior citizen populations where Medicare cause health care was becoming know it is unworkable, and we abandon is the primary determining factor of unaffordable—the highest quality it. We are not even going to try to en- whether they can access health care. health care in the world. Nothing, in force it. When the affordable care act was my view—and I ask my colleagues Mr. MCCAIN. They could have kept it passed, many promises were made, but this—describes more how this whole on the books. If it had not been for the one of the things that was told to the plan went awry than the so-called amendment of Senator Gregg from New American people—or at least the at- CLASS Act. Hampshire which said they had to cer- tempt was made to sell to the Amer- Late in the debate, the CLASS Act tify its solvency over a 75-year period, ican people—was that there would be was thrown in to provide long-term we would have the CLASS Act today, a greater access. And I would certainly care for seniors, which seems like a Ponzi scheme where people would be say that one of the promises that is not worthy cause, but the whole thing was paying in, and that is scored as reve- being kept about the affordable care a gimmick. It was described by Senator nues, and some years later when they act is the likelihood that there is going CONRAD, our chairman of the Budget retire, obviously, the reverse would to be greater access for Americans Committee, as a ‘‘Ponzi scheme of the have been true. across our country to health care be- first order, the kind of thing that Ber- I have yet to hear one of my col- cause this bill is underfunded, it is not nie Madoff would have been proud of.’’ leagues come over and admit that they

VerDate Mar 15 2010 01:15 Mar 22, 2012 Jkt 019060 PO 00000 Frm 00008 Fmt 4624 Sfmt 0634 E:\CR\FM\G21MR6.011 S21MRPT1 pwalker on DSK7TPTVN1PROD with SENATE March 21, 2012 CONGRESSIONAL RECORD — SENATE S1881 were wrong about the CLASS Act. I I am sure the Senator from Arizona tration admits that wasn’t true. Small would love to hear some of those who probably remembers very well many of businesses—people who get their insur- strongly advocated for it. My friend these statements. But the facts tell a ance in small businesses—will have a from Iowa, Senator HARKIN, said: different story. If we look at what difficult time continuing to provide So we get a lot of bang for the buck, as one health care costs are doing, and even coverage for people because of the might say, with the CLASS Act that we have what was predicted by the Congres- mandates that say they have to pro- in this bill. sional Budget Office, they said the law vide Washington-approved insurance. Senator WHITEHOUSE said this: was going to increase health insurance That is the problem: that people have Certain colleagues on the other side of the premiums by 10 to 13 percent, which what they like, and it may be some- aisle have argued that the CLASS plan means families purchasing coverage thing they want, need, and can afford. would lead to a financially unstable entitle- were going to pay an additional $2,100 Now they are being mandated to have ment program and would rapidly increase because of the new law. That has actu- something they may not want, need, or the Federal deficit. That is simply not accu- ally been borne out. be able to afford. rate. If we look at the cost of health insur- So, again, we have another broken I look forward to my colleagues who ance for people in this country today, promise, which is why Senator COBURN, supported and voted for the CLASS Act it has gone up, not down; it has gone up who practiced medicine for a quarter to come over and agree that it was, as dramatically—since the President took century, as I did, and I have come out Senator CONRAD pointed out, a Ponzi office, about 25 percent for most Amer- with a report, released yesterday scheme. icans. All these promises about getting called, ‘‘Warning, Side Effects, a Mr. WICKER. Madam President, I costs under control, the promises about Checkup on the Federal Health Law: know our friend from South Dakota keeping what people have, the promises Fewer Choices.’’ has joined us and is eager to join in about this being done in a way that That means people cannot choose to this discussion. I wonder if he has any- would protect Medicare—we all know keep what they have. There are fewer thing to add about the broken promises Medicare was going to be slashed when choices, higher taxes, more govern- that were made during the passage of this was fully implemented, to the tune ment, and less innovation. None of that ObamaCare. of $1 trillion, and there would be $1 is what the American people have been Mr. MCCAIN. Before that, the whole trillion in new taxes also. promised by the President. point of reforming health care was to The American people got a bad deal, Mr. MCCAIN. In addition, I ask the reduce the cost of health care. That and they know it. That is what the Senator how many new regulations was the goal. We all know Medicare public opinion polls show. have been issued, and how many new cannot be sustained for the American Mr. MCCAIN. I ask the Senator, even regulations do we anticipate as a result people if the inflation associated with though we have shut down the office of of this exercise? health care continues. The whole ob- the CLASS Act, even though the Sec- Mr. BARRASSO. This over 2,000-page ject of this game was to reduce the cost retary of Health and Human Services law will result in over 100,000 pages of of health care and preserve the quality said they can’t certify that it will be regulations. There is one part of the of health care. fiscally solvent over 75 years, it is still law where, for a couple of pages—4 to 6 Does anybody think that was on the books. Isn’t the CLASS Act still pages—they had 400 pages of regula- achieved with this legislation? That is on the books? Does the Senator think tions and 50 pages of legal guidance. why the American people have figured it might be appropriate, since we can- When we talk to hospitals—I know it out. I yield for the Senator from not comply with the law, to maybe re- those of us who visit with hospitals in South Dakota. peal that portion of the law? Is that our States—they say they are spending Mr. THUNE. Madam President, I something we might think about? It money on consultants and lawyers to echo what the Senator from Arizona might be a pretty good amendment. help them understand the law. They said about the CLASS Act. He was Mr. THUNE. It would be, and, by the say: It is money we ought to spend on here, as was I and many others, debat- way, we have that amendment and patients and equipment and technology ing this bill and saying this was a pro- would be happy to offer it. We tried to for our hospital, to provide care in our gram destined to be bankrupt. In fact, call up the bill, but it was objected to community. if we look at the independent Actuary, by the Democrats. The thing about bad I know the Senator from Kansas has he was saying the CLASS Act was un- ideas around here is that they tend to visited over 100 hospitals in his State. workable. They said it would collapse come back. This idea ought to be put He has heard the same thing. Mr. MORAN. That is true. The point in short order. away once and for all. Yet it is on the Within the HHS Department, there books, as the Senator pointed out. I made earlier about the goal of the leg- was a nonpartisan career staff that don’t know why, after all the evidence islation bending the cost curve down— called it a ‘‘recipe for disaster.’’ There out there now that has been put for- it didn’t do it, it doesn’t do it, and it was plenty of advance warning this ward, including the Health and Human cannot do it. That created the problem we all face now. How can we have ac- wasn’t going to work. Services Secretary saying this will not The Senator from Arizona correctly work. But we continue to maintain it cess to affordable health care if we are pointed out it was used as a gimmick on the books in the hopes of some in not reducing the cost of health care? The end result, in my view, is that to make the overall cost look less and, the administration, I am sure, that it Americans will have less options for therefore, bring it into balance. As we can be resurrected in the future. It was their own plans. As employers, they know now, the CLASS Act could not a bad idea then, and it will be in the fu- will provide either less options or no work. They have had to acknowledge ture. It just doesn’t pencil out. We can- options for their employees. So the that, and the amendment put on by not make it work. It saddles future generations of Americans with massive idea that people are going to get to Senator Gregg, which would have keep what they have, that begins to forced them to certify, made that amounts of debt. Mr. WICKER. Madam President, let disappear. If they are a senior citizen abundantly clear. and Medicare has been their primary To the point of the Senator from Mis- me ask my colleagues about another provider, we go back to the idea that sissippi, the purpose of the exercise was promise. They will call time on us soon. we didn’t bend the cost curve. So in that we have to do something about order to make health care affordable— the cost of health care. In fact, the Does anybody recall hearing this statement from the President of the when the legislation fails to do that, President of the United States, when we find other gimmicks to do that. One he was running, said this: United States in 2009? He said this: If you like your health care plan, you will of the things this bill creates is IPAB, If you’ve got health insurance, we are be able to keep your health care plan, period. an independent agency that will make going to work with you to lower your pre- No one will take it away, no matter what. decisions about what is covered by peo- miums by $2,500 per family per year. We will not wait 20 years from now to do it, or 10 That was the President on June 15, ple’s health care plans. The goal will years from now to do it; we will do it by the 2009. What happened to that? not be to have better quality health end of my first term as President of the Mr. BARRASSO. Madam President, care; the goal of the IPAB will be to re- United States. when we look at it, even the adminis- duce expenditures.

VerDate Mar 15 2010 01:15 Mar 22, 2012 Jkt 019060 PO 00000 Frm 00009 Fmt 4624 Sfmt 0634 E:\CR\FM\G21MR6.013 S21MRPT1 pwalker on DSK7TPTVN1PROD with SENATE S1882 CONGRESSIONAL RECORD — SENATE March 21, 2012 As the promise was made that people prosperity. How has that turned out? Now that we have moved ahead to get to keep what they have, it becomes Former Speaker PELOSI said in its life implement the law, the results have totally different than what they have the health care bill will create 4 mil- been striking. Every American now is experienced in their health care plans— lion jobs—400,000 almost immediately. protected against the abusive insur- either in their own private health care Of course, neither of those promises ance company practices of the past. insurance or as a beneficiary of Medi- has come true. The nonpartisan CBO Let me put it another way. Because of care. Even the President’s own Medi- has estimated the health care law will the health care reform law, Americans care Actuary estimates that the law reduce America’s workforce. This is now have protections that every Sen- will increase overall national health the bipartisan CBO. They said it will ator in this Chamber has enjoyed for care expenditures by $311 billion during reduce America’s workforce by 800,000 years under the Federal Employees the first 10 years alone, and that pri- jobs over the next 10 years. That fact Health Benefits Program. We now have vate health care insurance premiums has been confirmed by the U.S. Cham- extended that to all Americans. Listen- will rise 10 percent in 2014. ber of Commerce. ing to my friends on the other side of So if we are complaining today about Mr. THUNE. I would say to my col- the aisle, they want to take it away the increase in premium costs, there is league from Mississippi that one of the from Americans but keep it for them- more to come. In 2014, the Medicare Ac- areas where jobs may be created is in selves. Oh, no; they do not want to give tuary says there will be another 10 per- the Federal Government because it is it up. I think what is good for Senators cent increase in your health care pre- going to take an awful lot of Federal ought to be good for the American peo- miums. At the Center for Medicare and bureaucrats to oversee and lots of new ple. The young lady shown on this chart Medicaid Services, their economists IRS agents to implement this legisla- is Emily Schlichting. She testified be- found the increasing growth rate in tion. That would be the only place we fore my committee last year, and this health care spending will occur in will see job creation. is what she said: every sector of health care. More re- But when it comes to private sector cently, the Congressional Budget Of- Young people are the future of this coun- job creation, the thing about this is, it try and we are the most affected by reform— fice, our neutral provider of analysis, raises the cost for health insurance we’re the generation that is most uninsured. says the cost of the health care law coverage for employers, and it raises We need the Affordable Care Act because it may be substantially higher than ear- taxes on a lot of people who are in- is literally an investment in the future of lier estimated. volved in health care. this country. One of the things I would suggest we The ACTING PRESIDENT pro tem- Why does she say that? Because she should have done and that never hap- pore. The minority’s time has expired. suffers from a rare autoimmune condi- pened—if we want folks to be able to Mr. THUNE. The combination of tion which insurance companies would keep what they have, if we want access those things is only going to cost jobs. not even cover. But because we have to health care in rural and urban and I yield the floor. said they cannot now discriminate if suburban places in the country—we The ACTING PRESIDENT pro tem- someone has a preexisting condition, should have done something about fix- pore. The Senator from Iowa. Emily gets insurance coverage. Plus, ing permanently the reduction of pay- f she can stay on her parents’ health in- ments to physicians—the so-called doc surance program. fix. One would have thought, in health ORDER OF BUSINESS So far, the law has extended coverage care reform, that would have been Mr. HARKIN. Madam President, how to more than 21⁄2 million young people front and center. Because if we don’t much time remains on our side? such as Emily. Yet the Republicans have a physician providing a service, The ACTING PRESIDENT pro tem- want to take it away. They want to we don’t have health care. Yet we have pore. There is 71⁄2 minutes. take away Emily Schlichting’s insur- a Medicare system that is going to re- Mr. HARKIN. Madam President, I ance coverage. That is what this is all duce the payments. In fact, expected would like to be notified when I have 1 about. They want to repeal the afford- this year, the reduced payments to minute remaining. able care act—ObamaCare. What that physicians was going to be 30 percent. The ACTING PRESIDENT pro tem- will mean is that 21⁄2 million people The reality is, no longer will physi- pore. The Chair will so advise. similar to Emily will lose their insur- cians accept Medicare patients. The op- Mr. HARKIN. I appreciate that. ance. But they do not talk about that. They do not talk about that. tion the American people were prom- f ised about keeping what they have dis- Here is the coverage Americans have HEALTH CARE appears one more time. In fact, at a right now. We have banned lifetime townhall meeting in Parsons, KS, this Mr. HARKIN. Madam President, 2 limits. Let me tell everyone about Ross Daniels and Amy Ward from West Des year, a physician in the front row said: years ago President Obama signed into Moines, IA. After developing a rare Senator, you need to know I no longer law what I believe was the most for- lung infection on a summer trip, Amy accept Medicare and Medicaid. I will ward-thinking and humane reform of needed intensive treatment, including take cash, but I cannot afford to pro- our health care system since Medicare. Just like the Republicans opposed a course of medication costing—get vide the services based upon the Medi- this—$1,600 a dose—$1,600 a dose. Her care reimbursement rate I get. When Medicare when it came in, they still want to get rid of it. If we look at the insurance policy had a $1 million life- you add in all the paperwork, trying to time limit. Without our health care re- comply with Medicare and Medicaid, it Ryan budget that came out, what do they want to do? They want to pri- form’s ban on lifetime limits, this cou- is no longer financially feasible for me ple would have had to declare bank- vatize Medicare. They have been at it in this small town to provide the serv- ruptcy. After this experience, Ross said ever since. They do not want this hu- ices my patients need under Medicare. he can’t understand why opponents of mane reform we passed 2 years ago. So we are going to see a lot less ac- the law want to repeal it. He said: When the affordable care act became cess because, once again, this is a fail- It is hard for us to believe that so many of ure. The promise that was made to law, I said we have made America a the GOP candidates would have us go back in bend down the cost curve, to reduce more compassionate and a more just time where an illness like this would have health care costs, to reduce premiums society. I believe this with even greater forced us, or any other family for that mat- was totally false. conviction now. In listening to my col- ter, into bankruptcy. Mr. WICKER. So the promise was not leagues, my friends on the other side of Listen to what Republicans are say- to touch Medicare, and that promise the aisle, one would think this is all ing. They want to take this protection has not been fulfilled. The promise was just about little nuts and bolts and this away from Amy Ward and Ross Daniels to reduce the deficit, and that turned and that, but it is about humaneness. and millions of other Americans. There out to be an empty promise. It is about compassion and about jus- are 100 million people being helped by Also, we were told by the President tice and, yes, it is about making the the ban on lifetime limits. and by Speaker PELOSI this bill would system work better for patients, not We have also covered vital preventive create jobs. The President said it was a just for insurance companies and the services free of charge. That has bene- key pillar for a new foundation for insurance industry. fited more than 80 million people who

VerDate Mar 15 2010 01:15 Mar 22, 2012 Jkt 019060 PO 00000 Frm 00010 Fmt 4624 Sfmt 0634 E:\CR\FM\G21MR6.014 S21MRPT1 pwalker on DSK7TPTVN1PROD with SENATE March 21, 2012 CONGRESSIONAL RECORD — SENATE S1883 now get free preventive care. It allows First, investors are now protected by aspect of his position: support for com- young people to remain on their par- federal securities laws that generally mon-sense fixes that protect the integ- ents’ insurance plans until they are age prevent companies from making large- rity of our markets. The White House 26. I can’t tell you how many families ly unregulated stock offerings to the said this week: I have talked to in my State of Iowa public. By limiting such unregulated The President strongly supports the efforts who have said this has been a godsend stock offerings to investors who can of Senate Democrats to find common ground to them and to their kids. better withstand the substantial risk by supporting the most effective aspects of Here is the preventive portion. We all of these investments, we discourage the House bill to increase capital formation know prevention is the best thing we fraud while allowing companies to ac- for growing businesses, while also improving the House bill to ensure there are sufficient can do to change our sick care system cess capital. But the House bill does safeguards to prevent abuse and protect in- into a health care system. Here is what away with these restrictions. They vestors. we did. Here is what the affordable care could market them with cold calls to The President supports this bill, act does on prevention. Before health senior centers. This would expose yes—but he also supports improving it. care reform, colorectal cancer screen- Americans with few protections And we should have the chance to do ing was covered only 68 percent by in- against fraud and little ability to ana- so. surance companies, cholesterol screen- lyze complex, risky investments to This is not a bill to promote investing was only covered by 57 percent, to- devastating losses. ment in our economy. This bill will dis- bacco cessation only 4 percent. Under It gets worse. The House bill changes courage investment. As SEC Chairman the affordable care act, colorectal can- when a company is large enough to Schapiro wrote: warrant SEC disclosure and trans- cer screening, cholesterol, and tobacco If the balance is tipped to the point where cessation all are covered at 100 percent parency requirements—from one with investors are not confident that there are ap- by every insurance company. Madam fewer than 500 shareholders to one with propriate protections, investors will lose President, 100 hundred percent, not 57 2,000 or more shareholders, and perhaps confidence in our markets, and capital for- percent or 68 percent but 100 percent. many more. Those could be very large mation will ultimately be made more dif- We all know that early screening companies. In fact, the House bill ficult and expensive. means people live longer and it cuts maintains a loophole that allows share- Unless we protect investors, they will down on health care costs. holders of record, on paper, to hold not invest in our economy. We can only So millions now receive free preven- shares for potentially hundreds of real add those protections if we slow this tive care, and 86 million Americans had owners as a way of evading this share- rush, debate this bill, and amend it. If at least one free preventive service in holder limit. They would be exempt we invoke cloture now, we end debate 2011. Almost 1 million Iowans, in my from filing regular financial reports rather than beginning it. If we invoke State, received at least one free pre- and other measures that give investors cloture, we restrict amendment rather ventive service in 2011. Yet Republicans the confidence they need to invest than allowing it. That would be a grave want to take this away. That is what their hard-earned dollars. mistake, one that puts American inves- Taken together, these first two flaws this is about. tors, American workers and the sta- But Americans now have preventive would allow even large companies to bility of our economy at risk, and I care. They now are able to keep their make largely unregulated stock offer- urge my colleagues not to walk that kids on their policies until they are age ings to potentially unwary investors, path. and to evade even the most basic re- 26. They now have a ban on lifetime Again, this bill would allow compa- quirements to accurately inform share- nies to advertise these virtually un- limits. We now have a ban for children holders of their financial condition. regulated stock offerings on television up to age 19 on preexisting conditions. Combined, these provisions are a recipe or on billboards. This House bill would That is all they want to do; they want for fraud, abuse, financial crisis and re- allow large companies with thousands to take this away. I say, don’t let them duced investment to grow our econ- of shareholders to avoid SEC regula- take this away from the American peo- omy. tion. The House bill would allow banks ple. The House bill has other deep flaws. of any size to avoid SEC regulation if The ACTING PRESIDENT pro tem- It erases barriers, erected after the they have fewer than 1,200 share- pore. The Senator has 50 seconds re- dotcom bubble of the 1990s, that pre- holders. The House bill would allow maining. vent conflicts of interest in which in- companies with annual sales of up to $1 Mr. HARKIN. I yield the remainder vestment banks could promote the billion to evade the most basic trans- of my time to the Senator from Michi- stock offerings that they underwrite by parency, accountability, and disclosure gan. having their research analysts provide requirements in making initial public f pumped-up assessments on the stock. offerings. JOBS ACT This provision would mean that near- This is not a bill which will promote ly 90 percent of all IPOs would be ex- investment in our economy. This bill Mr. LEVIN. Madam President, in a empt from providing basic protections will discourage investment. As SEC few minutes, we are going to vote on that help investors commit their Chairman Schapiro wrote us: whether we should end debate on a money with confidence. House bill which carries the false label If the balance is tipped to the point where Now, it has been said by supporters of investors are not confident that there are ap- of a jobs bill—a bill which cries out for this bill that we should approve this propriate protections, investors will lose debate and amendment. bill because the President supports it. I confidence in our markets. If we continue down this track, we would remind my colleagues of two That is why the Council of Institu- will approve legislation that endangers things. First, the President’s support tional Investors warns us ‘‘this legisla- America’s senior citizens, its small in- would not dissolve our own responsi- tion will likely create more risks to investors, and its large pension funds and bility. We are in danger of rubber- vestors than jobs.’’ foundations. In doing so, we would, far stamping a bill simply because some- This is not a bill which will allow from encouraging job growth, endanger one slapped a clever acronym with the new opportunities for American work- job growth, by endangering the invest- word ‘‘jobs’’ on it. If this bill threatens, ers but one which will create new op- ments that help America’s businesses rather than encourages, investment portunities for fraudsters and boiler- grow and create new jobs. The jobs bill and job creation, we should repair its room crooks. I urge defeat of cloture. before us, as it now stands, is anything flaws. That is our responsibility. Madi- We should not end debate on this bill but a jobs bill. And if we invoke clo- son told us two centuries ago: and make it more difficult to amend ture, we will end debate and the oppor- A senate, as a second branch of the legisla- this bill by restricting amendments. tunity to remedy this bill’s flaws. The tive assembly, distinct from, and dividing f Senate should not take that step. the power with a first, must be in all cases a Its flaws are deeply worrisome. It salutary check on the government. CONCLUSION OF MORNING threatens to dampen investment, and We should be that check today. BUSINESS therefore dampen job growth, in at Second, those who point to the Presi- The ACTING PRESIDENT pro tem- least six ways. dent’s support fail to mention another pore. Morning business is closed.

VerDate Mar 15 2010 05:28 Mar 22, 2012 Jkt 019060 PO 00000 Frm 00011 Fmt 4624 Sfmt 0634 E:\CR\FM\G21MR6.016 S21MRPT1 pwalker on DSK7TPTVN1PROD with SENATE S1884 CONGRESSIONAL RECORD — SENATE March 21, 2012 JUMPSTART OUR BUSINESS Casey Johanns Reid The amendment is as follows: Chambliss Johnson (SD) STARTUPS ACT Risch At the end, add the following. ‘‘The Com- Coats Johnson (WI) Roberts mission shall revise the definition of the The ACTING PRESIDENT pro tem- Coburn Kerry Rockefeller Cochran Klobuchar Rubio term ‘held of record’ pursuant to section pore. Under the previous order, the Collins Kohl 12(g)(5) of the Securities Exchange Act of Senate will resume consideration of Schumer Coons Kyl Sessions 1934 (15. U.S.C. 781(g)(5)) to include beneficial H.R. 3606, which the clerk will report. Corker Lee Shaheen owners of such class of securities.’’. Cornyn Lieberman The legislative clerk read as follows: Shelby DeMint Lugar Mr. REID. Mr. President, the bill be- Snowe A bill (H.R. 3606) to increase American job Durbin Manchin fore this body had broad bipartisan creation and economic growth by improving Enzi McCain Stabenow Tester support, bicameral in nature. The bill access to the public capital markets for Graham McCaskill Thune we are considering today is the IPO emerging growth companies. Grassley McConnell Hagan Moran Toomey bill, of course. The bill passed the Pending: Hatch Murkowski Udall (CO) House by an overwhelming majority. Reid (for Reed) amendment No. 1833, in the Heller Murray Udall (NM) President Obama supports it. Vitter nature of a substitute. Hoeven Nelson (NE) I want everybody to know that the Hutchison Nelson (FL) Warner Reid amendment No. 1834 (to amendment Inhofe Paul Wicker bill is imperfect, and that perhaps is an No. 1833), to change the enactment date. Inouye Portman Wyden understatement. What we are trying to Reid amendment No. 1835 (to amendment Isakson Pryor do with amendments offered by Sen- No. 1834), of a perfecting nature. NAYS—22 ators MERKLEY and REED is to improve Reid (for Cantwell) amendment No. 1836 (to this bill, which has a lot of problems. the language proposed to be stricken by Akaka Franken Merkley amendment No. 1833), to reauthorize the Ex- Baucus Gillibrand Mikulski These two amendments would go a long Blumenthal Harkin port-Import Bank of the United States. Reed way toward correcting those. Boxer Landrieu Sanders This is an important piece of legisla- Reid amendment No. 1837 (to amendment Brown (OH) Lautenberg Webb No. 1836), to change the enactment date. Cardin Leahy Whitehouse tion, and we are confident that it will Reid motion to recommit the bill to the Conrad Levin improve innovators’ access to capital Committee on Banking, Housing, and Urban Feinstein Menendez and give startups the flexibility they Affairs, with instructions, Reid amendment NOT VOTING—2 need to hire and grow. But it is not per- No. 1838, to change the enactment date. Crapo Kirk fect, I repeat. As with any other piece CLOTURE MOTION The PRESIDING OFFICER. On this of legislation, there are ways we can The ACTING PRESIDENT pro tem- vote, the yeas are 76, the nays are 22. improve it. On this bill, there are many pore. The cloture motion having been Three-fifths of the Senators duly cho- ways we can improve it. I am sorry we presented under rule XXII, the Chair sen and sworn having voted in the af- cannot do more. directs the clerk to read the motion. firmative, the motion is agreed to. To that end, the Senate will consider The legislative clerk read as follows: Cloture having been invoked, the mo- two germane amendments to this IPO CLOTURE MOTION tion to commit falls as being incon- bill that will protect investors and pre- We, the undersigned Senators, in accord- sistent with cloture. vent fraud. ance with the provisions of rule XXII of the Mr. REID. Mr. President, I raise a The first amendment is sponsored by Standing Rules of the Senate, hereby move germaneness point of order against the Senator MERKLEY and others. It deals to bring to a close debate on H.R. 3606, an pending Cantwell-Graham amendment. with companies that raise capital on- Act to increase American job creation and The PRESIDING OFFICER. The line from small investors. This amend- economic growth by improving access to the point of order is well taken, and the ment will ensure that watchdogs are in public capital markets for emerging growth amendment falls. place to protect the small investors companies. Mr. REID. Mr. President, I raise a and their money from fraudulent com- Harry Reid, Ben Nelson, Jon Tester, germaneness point of order against the panies and abuse of the system. Charles E. Schumer, Joe Manchin III, People are lurking out there waiting Patty Murray, Mark R. Warner, Chris- Reed-Landrieu-Levin-Brown of Ohio topher A. Coons, Robert Menendez, substitute. for ways to cheat. I am sorry, but it is Thomas R. Carper, Joseph I. Lieber- The PRESIDING OFFICER. The true. These are people who are either man, Debbie Stabenow, Robert P. point of order is well taken and the amoral or immoral, looking for oppor- Casey, Jr., Tom Udall, Jim Webb, Bar- amendment falls. tunities to make money. I appreciate bara Boxer. AMENDMENT NO. 1884 very much the work that a number of The ACTING PRESIDENT pro tem- Mr. REID. Mr. President, I call up Senators have put into this amend- pore. By unanimous consent, the man- amendment No. 1884, offered by Sen- ment. It is an important amendment, datory quorum call has been waived. ators MERKLEY, BENNET, and others. and it is so important to improving The question is, Is it the sense of the The PRESIDING OFFICER. The this bill. You will hear much more this Senate that debate on H.R. 3606, an act clerk will report. afternoon from the sponsors of the to increase American job creation and The legislative clerk read as follows: amendment about why it is so impor- economic growth by improving access The Senator from Nevada [Mr. REID], for tant. to public capital markets for emerging Mr. MERKLEY, Mr. BENNET, and Mr. BROWN of The second amendment is sponsored Massachusetts, proposes an amendment by Senator REED of Rhode Island. All growth companies, shall be brought to numbered 1884. a close? Senators have stature, but JACK REED, (The amendment is printed in the The yeas and nays are mandatory with his military background, his expe- RECORD of Monday, March 19, 2012, under the rule. rience in the House, and his experience under ‘‘Text of Amendments.’’) in the Senate, is a man we all look to The clerk will call the roll. Mr. REID. Mr. President, I ask for The legislative clerk called the roll. for leadership. His amendment will en- the yeas and nays on that amendment. sure fair and honest disclosure by com- Mr. KYL. The following Senators are The PRESIDING OFFICER. Is there a panies raising capital. It will stop busi- necessarily absent: the Senator from sufficient second? Idaho (Mr. CRAPO) and the Senator There is a sufficient second. nesses from gaming the system and from Illinois (Mr. KIRK). The yeas and nays were ordered. avoiding oversight by hiding thou- The PRESIDING OFFICER (Mr. AMENDMENT NO. 1931 TO AMENDMENT NO. 1884 sands—or maybe tens of thousands—of FRANKEN). Are there any other Sen- Mr. REID. Mr. President, I call up investors. This will stop when this ators in the Chamber desiring to vote? the second-degree amendment, No. amendment passes. Democrats and Republicans agree The yeas and nays resulted—yeas 76, 1931, offered by Senator REED of Rhode nays 22, as follows: Island. that we need to pass the IPO bill and make it easier for American companies [Rollcall Vote No. 53 Leg.] The PRESIDING OFFICER. The to raise capital, to grow operations, YEAS—76 clerk will report. The legislative clerk read as follows: and to hire new workers, but we must Alexander Bennet Brown (MA) do so in a way that balances the needs Ayotte Bingaman Burr The Senator from Nevada [Mr. REID], for Barrasso Blunt Cantwell Mr. REED, proposes an amendment numbered and rights of investors and prevents Begich Boozman Carper 1931 to amendment No. 1884. fraud and abuse.

VerDate Mar 15 2010 01:15 Mar 22, 2012 Jkt 019060 PO 00000 Frm 00012 Fmt 4624 Sfmt 0634 E:\CR\FM\G21MR6.018 S21MRPT1 pwalker on DSK7TPTVN1PROD with SENATE March 21, 2012 CONGRESSIONAL RECORD — SENATE S1885 These two amendments will accom- only way to ensure the Ex-Im Bank can of self-reliance, which is clearly re- plish that. These two amendments are continue to help American companies flected in the entrepreneurs and the not going to make the bill perfect, but grow and create jobs is for the Senate successful and innovative small busi- it will be a lot better. to attach it to this IPO bill, and that nesses they have created and grown in While the IPO measure before the failed. this great State. They clearly reflect Senate today is an important piece of Yesterday, Senate Republicans had America’s entrepreneurial spirit, which legislation, experts agree its impact on an opportunity to join with Democrats helps keep rural America strong and job creation will be somewhat limited. to create hundreds of thousands of jobs makes our economy the most innova- This legislation is something that is in this country over the next many tive in the world. before this body. Yesterday, Senate Re- years. They passed up that oppor- Our small businesses in Montana publicans blocked a bill that would cre- tunity. Once again, they chose to pick vary from family farms, ranches, and ate, in 1 year, as it did this year that an unnecessary fight instead. They one-man manufacturing shops, to inno- we are in, 300,000 jobs. It is hard to want to fight over even things they vative biotech companies and cutting- comprehend, but people who sponsored agree with. How do you like that one? edge information analytics firms. the amendment voted against it. But They love this bill, but they want to Many of these newer firms have the op- this isn’t anything new. I think it is fight about it. portunity to change the landscape such callous disregard for what is fair Our No. 1 priority is to create jobs, when it comes to diversifying Mon- and right. and we have shown that. It is obvious tana’s economy. The Republican leader has been talk- that the Republicans don’t have their According to research from the ing nonstop about how important it is priorities straight. But this is some- Kauffman Foundation, nearly all net for Congress to continue to create jobs. thing we have had to live with. jobs created since 1980 have come from So I am disappointed—and that is an We are going to work with the minor- firms 5 years or younger. The role of understatement—that yesterday Sen- ity to come up with a time to have a startups in creating jobs and driving ate Republicans, led by my friend the vote. The time expires around 6 o’clock innovation has been well documented, Republican leader, rejected an oppor- tonight. Because of a number of things but that ability to create jobs is lim- tunity to help American exporters going on here today, I hope we can ited if these firms do not have access to grow and hire. have a vote earlier than that. We will financing to scale and to grow their The Ex-Im Bank helps American ex- do our best to work with the Repub- companies. So central to job creation porters compete in a global economy, lican leader to try to come up with a is making sure investors and capital and it has always enjoyed broad, bipar- vote. There will be three votes: markets are accessible for startups. tisan support—until this Republican Merkley, Reed, and final passage. Because of this potential for growth, minority stepped in here. The last time The PRESIDING OFFICER. The Sen- we need to do all we can to empower ator from Montana is recognized. it was offered, in 2006, a Republican of- these businesses with the tools they Mr. TESTER. Mr. President, I ask to fered it. It got unanimous consent to need to survive and thrive at every speak for up to 10 minutes, with Sen- pass. This legislation has been going stage of their development. These ator MERKLEY following me. since the 1930s. It is backed by the Na- The PRESIDING OFFICER. Without young companies must be able to ac- tional Association of Manufacturers, objection, it is so ordered. cess the capital they need to bring in- the Chamber of Commerce, the Busi- Mr. TESTER. Mr. President, I rise to novative ideas and products to the ness Roundtable, and labor unions. All speak in strong support of the capital marketplace. my Republican friends can explain to formation bill that we received cloture Back in July I held the first of a se- the Chamber of Commerce, the Na- on a few minutes ago. ries of hearings in the Banking Com- tional Association of Manufacturers, In a place where we too often get mittee to examine the challenges and and the Business Roundtable that not bogged down by politics, this legisla- opportunities facing innovative small only did they kill this bill but they tion reflects a strong, bipartisan com- businesses as they try to access cap- stopped the deficit from going down by mitment to creating jobs by ensuring ital. A major take-away from the hear- $1 billion, because the Ex-Im Bank bill that small businesses have access to ing was the need to ensure that capital reduces the deficit by $1 billion. Of critical capital that they need. This markets remain within reach of course, it had Republican cosponsors. legislation has tremendous potential to startups at various stages of their de- In fact, my Republican colleagues, create jobs and spur economic growth velopment, particularly in the stages including many who voted against this and innovation. The key component to before they may be ready to go public. amendment yesterday, admitted they achieving all of these goals is ensuring A key recommendation offered at the support the legislation. I had a number that small businesses have access to hearing came from Rob Bargatze of of Senators come to me saying, we like the capital they need to grow their Ligocyte Pharmaceuticals in Bozeman, it. As I said yesterday in my remarks, businesses and create jobs. MT. He said we should take a closer they are voting against a bill they say This legislation is a rare instance in look at updating SEC regulation A to they like. The Republican leader said a Congress where both Chambers in both better enable small businesses to raise number of things yesterday, but he parties come together to focus on this capital through these public offerings. said he wanted to vote down this wor- Nation’s most urgent priority, and that The regulation A exemption was cre- thy proposal because he wants to pass is jobs. The President has already ex- ated in the Securities Act of 1933 to it separately. pressed his support for it. So let’s get provide small companies with an op- We understand what is going on here. this bill done and off to him for his sig- portunity to raise capital without The Republican-dominated House of nature. being subject to full registration with Representatives wants to send over Over the past few years, I have held the SEC. here a hollow shell of the Ex-Im Bank, 12 small business opportunity work- Ligocyte is developing a new and they would look to us and say that shops all over the State of Montana. norovirus vaccine with the potential to we now have an Ex-Im Bank bill. What Without a doubt, access to capital is prevent hospitalization and save sig- they have come up with is so foolish, always one of the most critical issues nificant health care costs—and to cre- and that is a good description of it. that I hear from small business owners. ate those jobs of the future. Working Their offer is hollow. They want to ap- Access to capital makes all the dif- through the FDA approval process is pear to support the Ex-Im Bank and at ference for a small business. If the not easy. It requires years of hard work the same time kill it. money is there, so is the expansion; so and tens of millions of dollars. It can Democrats actually do support the is the capacity to do more research and be tough for any company to stick it Ex-Im Bank, and we made that very development; so is the next great idea. out for that long or for that much clear to everybody and voted accord- Without capital, though, there is no money, but for a small firm in Boze- ingly. We want it to become law. growth, no risk-taking, and there are man, MT, it can be especially difficult. House Republicans have shown no de- no jobs. Access to capital to fund their clinical sire to even consider this important Montana is a State of entrepreneurs. trials will be the determining factor in jobs measure—let alone pass it. The It is a frontier State. It has a tradition their ability to gain FDA approval.

VerDate Mar 15 2010 05:19 Mar 22, 2012 Jkt 019060 PO 00000 Frm 00013 Fmt 4624 Sfmt 0634 E:\CR\FM\G21MR6.022 S21MRPT1 pwalker on DSK7TPTVN1PROD with SENATE S1886 CONGRESSIONAL RECORD — SENATE March 21, 2012 Back in September, Senator TOOMEY raised to $5 million. So the idea that at a time that is right for them and and I introduced the Small Company this is some risky new idea is not cor- take advantage of the public markets Capital Formation Act to update regu- rect. In fact, at a briefing with the SEC as they continue commercialization of lation A by increasing the total a few weeks ago, SEC lawyers sug- their products. amount of capital that can be raised gested that there was absolutely noth- For Lance Trebesch of through these offerings to $50 million, ing scary about S. 1544 and that they ticketprinting.com and Ticket River, while protecting new investors. Cur- felt very comfortable with the existing this legislation will enable him to grow rently, the businesses can only raise $5 investor protections included in that his ticket printing, event management, million under regulation A—a limit bill. and online ticket printing firm. Since that has not been updated in nearly 20 The bottom line is that I am thrilled 1997 this company has expanded its years and one that many view as too we will finally have an opportunity to reach internationally, with over 25 em- low to be a valuable tool in raising cap- pass this legislation—hopefully very ployees in Bozeman and Harlowton, ital. soon—and get it to the President’s MT. The bill maintains the most attrac- desk. This bill will ensure that entre- tive elements of regulation A, includ- What does this legislation mean for preneurs across the State of Montana ing the ability for issuers to test the Montana entrepreneurs? Let me cite a will have a whole new set of tools at waters before registering with the SEC. few examples. their disposal so they can make smart It also preserves the nonrestricted sta- For Brett Baker, president and CEO decisions about their future to develop tus of securities sold through a reg A of Microbion Corporation in Bozeman, and expand their businesses. They will offering so that these securities can be lifting the cap on regulation A offer- have more choices and better access to resold to investors after the initial of- ings will provide him with broader op- capital markets, which should also give fering. portunities to raise capital. Instead of them more leeway to create and inno- New investor protections include a worrying about where the next phase of vate. requirement that issuers file an au- financing will come from, he can focus We have seen ecosystems of support dited financial statement with the on discovery and research, working for small businesses such as these as SEC—a requirement that has been in- with the Department of Defense to use they spring up in virtually every coun- cluded in the legislation that I intro- compounds Microbion discovered to ty in Montana. Obviously, the success duced as well as the House bill before treat antibiotic-resistant wounds. of these companies has implications for us today. The bill also directs the SEC These changes will also allow a com- job creation and growth, but there are also tremendous opportunities for in- to establish additional disclosure re- pany such as Microbion to access cap- novation. quirements and requires issuers to ital at an earlier stage without dilut- It is not surprising that in Montana electronically file offering statements ing its earlier investors who believed in them from the earliest days of that so many startups have located near with the Commission. universities in Missoula and Bozeman. Additionally, the bill subjects those company. And raising capital publicly In fact, many of these firms got their offering or selling securities under reg- through regulation A would also give start with discoveries in the labs at ulation A to negligence-based liability folks in Bozeman who know about the Montana State and the University of company an opportunity to share in its under section 12(a)(2), and it includes Montana. With this legislation, the success, something that is not possible disqualification provisions to prevent possibilities are endless for Montana now unless they are an accredited in- bad actors from making these offerings and for entrepreneurs and innovators in a way that is consistent with Dodd- vestor. More broadly, this legislation is across Montana and this Nation. Frank. Mr. President, I look forward to vot- going to provide small businesses in From what I have heard said about ing on this legislation and getting it to Montana’s emerging data and biotech the House version of regulation A, you the President for his signature. would presume none of these investor industries with new tools and options With that, I yield the floor. protections are included. Let me clar- to access capital at different stages of The PRESIDING OFFICER. The Sen- ify that the bill I introduced with Sen- development, and it will also provide ator from Rhode Island. ator TOOMEY, S. 1544, is identical to the necessary updates to existing regula- Mr. REED. Mr. President, I ask unan- language included in the House bill, tions. For example, changes to the imous consent that at the conclusion H.R. 3606, that is before us today. SEC’s 500 shareholder rule would en- of the remarks of Senator MERKLEY The truth is that the substitute sure companies, such as investment and Senator BENNET, I be recognized. amendment that was voted on yester- brokerage D.A. Davidson in Great The PRESIDING OFFICER. Without day made very minor changes to this Falls, can continue to provide their objection, it is so ordered. portion of the House bill, such as employees with stock in the company Mr. REED. I thank the Chair. changing a ‘‘may’’ to a ‘‘shall’’ and without having to go through a costly The PRESIDING OFFICER. The Sen- adding a study by the SEC 5 years after and time-consuming registration proc- ator from Oregon. implementation of these changes. ess with the SEC. This Montana-grown AMENDMENT NO. 1884 We should have been able to pass this company dates back over 75 years and Mr. MERKLEY. Mr. President, I rise bill by a voice vote here in the Senate has always believed in rewarding its to speak to amendment No. 1884. Spe- since this bill has enjoyed strong bipar- employees so they can have a stake in cifically, this is the crowdfunding tisan support in the Senate, with six the success of the firm, which now op- amendment. That might be a term that bipartisan cosponsors. Regardless of erates in 16 States. Without these is new to many, so let me explain. that, I am pleased that this balanced changes, a company such as D.A. Da- The Internet provides new opportuni- bill also enjoyed a 420-to-1 vote in the vidson would be faced with the choice ties for capital to reach small busi- House—420 for, 1 against. Imagine of costly public registration or poten- nesses and startup entrepreneurs, and that—all but one voting Member of the tially eliminating existing employee what this crowdfunding amendment House of Representatives agree on this shareholders. does is to say that when the crowd; bill. For companies such as Rivertop Re- that is, all of those who are surfing the I would also note the SEC’s recently newables in Missoula, this legislation Internet, goes to a funding portal on released recommendation from its will provide them with an onramp to the Internet, a Web site, to support a Forum on Small Business Capital For- going public if that is an option they company, to invest in a company, there mation increasing the regulation A ex- choose to take one day. Rivertop has is an orderly process that adequately emption to $50 million was one of the begun full-scale production of their facilitates this type of opportunity top recommendations at this forum. groundbreaking green biochemical while providing fundamental investor By the way, this is an idea which has products used in commercial products protections. So this will be an effective been in the SEC’s Forum on Small such as dishwashing detergents and de- instrument of capital formation be- Business Capital Formation rec- icer. These changes will ensure that cause, indeed, if crowdfunding becomes ommendations almost every year since Rivertop will have multiple strategies a situation where inaccurate informa- 1993, the year after the limit was last at their disposal so they can go public tion is put forward, where there is no

VerDate Mar 15 2010 01:15 Mar 22, 2012 Jkt 019060 PO 00000 Frm 00014 Fmt 4624 Sfmt 0634 E:\CR\FM\G21MR6.026 S21MRPT1 pwalker on DSK7TPTVN1PROD with SENATE March 21, 2012 CONGRESSIONAL RECORD — SENATE S1887 accountability, where there are pump- you need to have audited financial $100,000, their cap is 5 percent of their and-dump schemes, then the reputation statements. So, as the amount of annual income; if they are over of crowdfunding will be deeply dam- money you are asking for increases, $100,000, it is 10 percent. So it allows for aged and the opportunity for capital the degree to which you need to do due larger amounts of money from those formation will be equally affected. diligence financially and present the who have much higher incomes but This follows on a model that is al- details increases as well. provides basic aggregate cap protec- ready on the Internet in some other There is certainly nothing that tions so we don’t end up with folks who contexts. For example, you can visit a would prevent a particular Web site are on public services because they Web site called kickstarter.com, and from establishing its own standards were swindled out of everything they you as an individual can look at a host above and beyond these particular lev- had. of concepts that are being put forward els. Another key distinction is that under for social and artistic activities across A second thing is it is critical there the House bill one can list their offer- this country. You can say: Yes, I want be accountability for the accuracy of ing and close their offering within a to help that artist build that sculpture the information. The House bill not single day, which provides absolutely or so on and so forth. They may say only doesn’t even require information, no feedback loop for any type of de- how much money they want to raise, but they put out information and there tected deception. Under the Senate and you would decide what you want to is no accountability. Basically, it is an bill, we create a 3-week period from donate. That is a donation model. You invitation to spin any story one likes. one’s listing to their closing. So one also can go to Web sites such as pros- What the Senate bill says is, in order lists their idea. If enough people sign per.com or kiva.com, and these are for this capital market to work well up to reach one’s funding request peer-to-peer lending Web sites. If you one has to stand behind the accuracy of level—say one has requested to raise go to prosper.com, you will see a whole their information. It has basic liability $600,000. If enough people sign up and list of folks who are saying: Yes, I want accountability; that is, as a director or they are investing $100,000 here, $1,000 to consolidate my credit cards, I would officer of this organization, they are there that one reaches their goal, as like to borrow X amount and I am of- standing behind the accuracy of what soon as the 21-day period expires, then fering an interest rate of such-and- they put out. It has a due diligence they close. So that does give time for such, and here is a little bit of back- protection so this is very balanced. It some sort of feedback loops regarding ground, and you can decide if you want has a requirement that the information any sort of fraudulent activity. to lend to that individual or not. That be relevant or germane to the conduct Another distinction is that the House is peer-to-peer lending. of the company. So that is another pro- bill allows a company to pay promoters Well, what crowdfunding does is to tection for the business itself. So it is and not disclose it. That is called create an equal opportunity for folks balanced between the two. But this can pumping. If one has ever seen the to invest in early-stage businesses, give investors a basic belief that what movie ‘‘Boiler Room,’’ one can see a startup businesses, small businesses. is being set up are reasonable amounts basic classic pump-and-dump scheme, Imagine, for example, you run into of information proportional to the re- where a roomful of folks on the phone someone at a cafe who says: I have this quest and that the officers and direc- are calling people, cold-calling them, new idea for a coffee shop called tors are standing behind this informa- and they are saying: Hey, I am calling Starbucks. I am going to call it tion. That creates the foundation for because I am giving you this incredible Starbucks. Would you like to help me an effective marketplace. investment opportunity and here is the launch this? A third distinction between the story. They can say anything they And you say: Well, another coffee House bill and our amendment No. 1884 want and they can talk people into shop—I don’t know if the world needs is the House bill does not require com- buying that stock and then the stock is another coffee shop. panies to go through an intermediary. actually being purchased from the Maybe you jump in and maybe you In other words, under the House bill, if folks who own the boiler room. Then, don’t. Then years later, you say: Oh, I someone wants to promote their com- as soon as they sell all the stock they should have seized that opportunity. pany, they can simply put out an e- have, they quit making phone calls, Well, through a crowdfunding portal, mail. An e-mail can say anything they the value of the stock drops, and every- you get to hear those stories. You get want because they are not responsible body who invested loses out. That is a to read those stories being presented for the accuracy, and they can send it classic boiler room. That is a classic by folks from across the country about to everyone in the world. They can pro- pump and dump. The House bill allows their efforts, and you can decide if you ceed to put up popup ads that simply paid promotion with no disclosure. want to participate. promote their company—again, with The Senate bill says if they are going Now, crowdfunding is in the larger no accuracy required. But by creating to get on the blog’s site within a Web capital formation bill that comes to us an Internet intermediary and that site portal and say favorable things from the House, but that particular intermediary has to register, we create about a stock and if they are paid by formulation is deeply flawed, and I am a streamlined formulation so they have the company to do it, they have to dis- going to walk through a series of dif- a funding portal registration much close that. They simply say: Hey, I am ferences between the House bill and the simpler than a broker dealer. But in employed by such and such, but I want Senate bill for my colleagues so they doing so, they agree they are not going to bring to your attention some merits can understand why we need to pass to take any position on the various in- of this. But at least the public knows amendment 1884. vestment opportunities they are list- where they are coming from. The first factor is that the House bill ing. So you truly are the marketplace. Another essential issue is the issue of does not require someone listing them- They are not saying, by the way, that dilution. Dilution is not a solution in selves or asking for startup money to particular offering by that company is this world; it is a problem. Those are provide any financial information. a sweet deal. They can’t pump it; they folks who get in on the front end and Well, that is a huge mistake. If there is can’t favor it. So you are a neutral think: I got in on this idea early. I am no information, there is nothing to marketplace, again, enabling the inves- going to benefit from having made this guide, if you will, the wisdom of the tor to know they are getting straight- effort, and find out later a bigger inves- crowd. forward information, not something tor came in and the stock was diluted What we do in this Senate amend- that is spun. in a fashion in which they are basically ment is to create a simplified format. Another distinction is the House bill written out of their share of the owner- If you are seeking less than $100,000, has no aggregate caps. The result of ship. So the Senate bill directs the SEC then your CEO simply certifies what that is that a person could lose their to provide investor protections in this the financials are for the company. If entire life savings in one fell swoop. area. you are seeking from $100,000 to The Senate bill puts on very reasonable These are key distinctions. These are $500,000, then you need to have a CPA proportional caps that say if one’s in- the distinctions between a solid foun- review the financial statements. If you come is $40,000 or less, their cap is dation for capital formation in this in- are seeking more than $500,000, then $2,000; if they are between $40,000 and credibly exciting new opportunity, new

VerDate Mar 15 2010 01:15 Mar 22, 2012 Jkt 019060 PO 00000 Frm 00015 Fmt 4624 Sfmt 0634 E:\CR\FM\G21MR6.027 S21MRPT1 pwalker on DSK7TPTVN1PROD with SENATE S1888 CONGRESSIONAL RECORD — SENATE March 21, 2012 market, and simply a path to preda- to talk for a moment before I yield to today, if someone is a child living in tory schemes that the House is pro- the Senator from Rhode Island about poverty, their chances of getting a col- viding. That is why I am encouraging what it is we are trying to solve. Too lege degree are 9 in 100. If we don’t my colleagues to support the amend- often I think we don’t ask ourselves change the way we educate people in ment Senator BENNET, who will be what the nature of the problem is we this country, we will continue to see 91 speaking next, and I have put together are trying to solve before we actually of 100 children living in poverty con- and a number of our colleagues have set about solving it, and then—no sur- strained to the margin of our economy joined us, including Senator LANDRIEU prise—we end up actually making mat- and the margin of this democracy. and Senator SCOTT BROWN. This is a ters worse. That is an important piece of work. We credible foundation for an exciting In my townhalls the chief concern of have a vital national interest in that, idea. the people who come is that median and we are not paying attention to it Let me close with this notion; that family income has continued to decline here. is, that across America, Americans in this country. For the first time in But also we have to create the condi- have $17 trillion invested in their re- this country’s history, the middle class tions in this country where we are tirement accounts. If they were to put is earning less at the end of the decade driving innovation and driving job 1 percent of those funds into this type than they were at the beginning of the growth because the days of just expect- of crowdfunding startup, they would be decade. That has never happened before ing the largest companies in this coun- providing $170 billion of investment po- in the United States. try to create jobs are over. The jobs tential for small companies and start- So person after person has come and that went away in the 20th century, up companies. That is an incredibly said: MICHAEL, I have done what I was many of them are not coming back in powerful potential form of capital to supposed to do. I kept working at my the 21st century. It is about businesses put America forward. It is small busi- job. Nobody said I didn’t do a good job. that are started tomorrow and next nesses that create most of the jobs, and But my wage is actually less in real week and the week after that and the this capital formation idea will help in dollars today than it was at the begin- month after that. In order to create that. Let’s get it done. ning of the decade, but the cost of those sorts of conditions, the amend- I certainly deeply appreciate the con- health insurance continues to go up, ment we have presented, this tributions of my colleague from Colo- the cost of college. I have had at least crowdfunding amendment, could unleash billions of dollars, as the Senator rado, Senator BENNET, who will make half a dozen people say to me they can- his points. not afford to send their kid to the best from Oregon said, of local investment, The PRESIDING OFFICER. The Sen- college they got into. I can’t think of investment on Main Street—or on ator from Colorado. anything that is more of a waste of our someone else’s Main Street through Mr. BENNET. Mr. President, I wish productivity than that. the Internet—that could allow people to recognize the Senator from Oregon, The essential problem we are facing with great innovative ideas for the first time to raise capital from our Mr. MERKLEY, for his leadership on this in this economy is structural. Our issue and for his willingness, when gross domestic product, believe it or middle class and from other people who times got tough, to dig even deeper and not, as we stand here, is higher than it would like to participate in this kind make sure we get to the balanced ap- was when we went into this recession, of new business venture. This is not all we need to do. There proach that is reflected in this amend- the worst recession since the Great De- are many things we need to do, and I ment. It is a bipartisan amendment, pression. Productivity is also way up. think there are things in this overall which around this place I think is wor- The efficiency with which we are driv- bill we need to fix. But this bipartisan thy of all of us taking a moment to ing that economic growth is way up be- amendment represents a real step for- cause we have had to respond to com- recognize, and it is an amendment the ward. As we look to the future, it is the petition from abroad. We can’t take people who know most about reason we need to do comprehensive anything for granted anymore. We crowdfunding support. I wish to read tax reform in this Congress. It is the have employed technology to drive pro- several paragraphs from some of those reason we need to fundamentally think ductivity from the cotton pickers in folks. differently in this Congress about our my wife’s hometown to the largest For- From Launcht, which is a regulations. We should be asking our- tune 500 companies that we have, and crowdfunding platform, they note that selves the question: Are we more or we have 23 or 24 million people who are our compromise: less likely to be creating jobs in the [i]s important because, unlike previous either unemployed or underemployed United States with rising wages? I bills, for the first time, we have a Senate bill in this economy. think we should put the politics of this with bipartisan sponsorship, a balance of The economic output is back, but it aside because there isn’t a person in state oversight and federal uniformity, in- has decoupled from wages and it has this Chamber who doesn’t want to do dustry standard investor protections, and decoupled from job growth and that this. We start, though, with the rec- workable funding caps. was true before we went into the worst ognition that we have structural issues From the National Small Business recession. You see, the last period of Association, we hear that our com- we need to resolve. economic growth in this country’s his- I hope everybody who hasn’t had the promise: tory is the first time our economy grew chance to get a look at the amendment [w]ould promote entrepreneurship, job cre- and wages fell, that our economy grew will look at it. I hope people on both ation and economic growth by making it and that we lost jobs. It was a decou- much easier for small companies to raise sides of the aisle will support this pling of economic growth from wage amendment. I am very pleased it is bi- capital and get new ideas off the ground. growth and from job growth. There is This legislation represents a reasonable ef- partisan, with Senator MERKLEY and fort to accommodate differing points of view something terribly wrong with that Senator BROWN, and I look forward to and to move this important idea forward. picture, and it is creating an enormous voting on this amendment this after- One prominent investor protection downward pressure on the middle class noon. advocate wrote that: in this country. I see the Senator from Rhode Island There are a bunch of things we need is here. I thank him for his leadership [t]he CROWDFUND Act addresses this con- to do, but there are two major things cern by providing significant regulatory re- on this legislation, and I yield the lief to very small issuers without unreason- that I think we need to do; one is, we floor. ably compromising the investor protection need to educate our people for the 21st The PRESIDING OFFICER. The Sen- provisions on which the federal securities century. The worst the unemployment ator from Rhode Island. laws are grounded and the long-term success rate ever got for people with a college Mr. REED. Mr. President, I commend of the U.S. securities markets has been degree in the worst recession since the Senator MERKLEY and Senator BENNET based. Great Depression, the one we just went for their extraordinary work, indeed, in The Senator from Oregon did an ex- through, was 4.5 percent. That is a collaboration I believe with our col- cellent job of describing the provisions pretty good stress test, it seems to me, league Senator BROWN from Massachu- in this bill, so I am not going to go of the value of a college education in setts to make significant improve- over that ground again. But I do wish the 21st century. But as a country ments in the crowdfunding provisions

VerDate Mar 15 2010 05:19 Mar 22, 2012 Jkt 019060 PO 00000 Frm 00016 Fmt 4624 Sfmt 0634 E:\CR\FM\G21MR6.030 S21MRPT1 pwalker on DSK7TPTVN1PROD with SENATE March 21, 2012 CONGRESSIONAL RECORD — SENATE S1889 of the House bill. As Senator BENNET 500 holders of record. The SEC defines Companies already have to obtain and Senator MERKLEY have indicated, record holders as ‘‘each person who is numbers of beneficial owners from bro- this represents a potentially very pro- identified as the owner of such securi- kers and banks in order to know how ductive way to raise capital, and they ties on records of the security holders many copies of annual reports and have provided protections that will en- maintained by or on behalf of the proxy materials they have to print, so sure investors in this process are not issuer.’’ every company knows about how many disadvantaged, and I commend them Holder of record is very direct. It is beneficial numbers they have. They for that. the shareholders who are recorded as have to provide the proxy material It addresses one of the significant such on the books of the company. This through the brokerage or bank to the issues in the House bill but, frankly, is where the term ‘‘beneficial owner’’ beneficial owners, so they know very not all the significant issues. There are comes from. In such instances, the well—in fact, quite precisely—their some extremely glaring, I think, provi- shares are held of record by a third beneficial ownership, their real share- sions in the House bill that we at- party, usually a broker, on behalf of holders. tempted to address in the Reed-Lan- the shareholder. For example—and this But using record level as the trigger drieu-Levin substitute. That substitute is one of many examples—if you buy to remain private, to avoid public re- amendment, although it received a ma- shares from Charles Schwab, that dis- porting, to me again is the wrong ap- jority of votes, did not receive enough count brokerage firm would likely proach. My amendment would clarify to achieve cloture to be the bill we are serve as the record holder and you the definition in this new shareholder now considering. We are now consid- would be the beneficial owner. It is threshold section of the underlying ering the House bill. your money; you paid for it. It is your bill, and ensure that companies are not I have an amendment to that House vote because you are a beneficial avoiding these public reporting re- bill that addresses one of several dif- owner. It is your right to sell the quirements by using a threshold of ficulties with the House legislation. In- shares. But as far as the company is 2,000 record holders if they have 2,000 or vestors, when they buy stock in public concerned, the holder of record is the fewer beneficial owners. If this is a companies, expect routine disclosures. broker, Charles Schwab. truly small business that has 1,500 indi- They expect to know on a quarterly I think we have all been familiar and vidual shareholders, beneficial owners, basis, and in a very real sense on an an- all received in the mail a big package and they want to remain dark—that nual basis, what is the company doing? of proxy materials from our broker. It seems to be something that we cer- What are the prospects of the com- is not, in many cases, directly from the tainly would countenance, and with my pany? All that goes hand in hand with company. It is from the Wells Fargo language it would be possible to do so. the widely dispersed ownership of a Advisors, it is from Schwab Advisors, I think this approach makes it fair public company. The House legislation et cetera, because they are on the for everyone. It also doesn’t frustrate would allow many companies with a records of the company as the ones who the expectations of a person who buys substantial number of beneficial share- are the record holders. They distribute a share of nationally known stock that holders, the actual owners, the real the material to beneficial owners. is publicly reported and gets a 10–Q and owners of the stock, the ones who can The consequence is that for compa- every year the 10–K, and suddenly they vote the stock, the ones who get the nies that may have a very few or rel- don’t get anything. They wonder what dividends, the ones who vote on the atively few record holders, they have is going on at the company. Maybe the proxies or directly for the leadership of thousands and thousands of beneficial company merges with another com- the corporation—it would allow them owners. Those are the individuals who pany, creates a new company, and now to remain dark. This might be appro- will lose out if the company decides, has less than 2000 holders of record. I priate for some companies that have a under the House bill, to suddenly go or think that is not an approach we relatively small base of real owners, remain dark, to avoid public reporting. should countenance. I think trans- but the way the House has drafted this As I have indicated before, most in- parency and accurate information are legislation it could risk allowing a sig- vestors today do so through inter- critical to the success of our capital nificant number of larger companies to mediaries—through brokers, through markets, and I think this legislation go or remain dark. others. As a result, they would not nec- will do that. Requiring quarterly re- The Securities Exchange Act of 1934 essarily be counted as a record holder. porting of firms with a large number of set up a system of public reporting. Be- Record holders—the brokers, the large shareholders—real shareholders, bene- ginning in 1964, the SEC required that entities—are increasingly purely ficial shareholders—protects investors companies with at least 500 holders of passthroughs. They are agents with no while at the same time improving over- record—and at least $10 million in as- economic interest in the company, no all market transparency and effi- sets, to follow the routine reporting re- voting rights. Those are held by the ciency. From this information, those quirements under the securities laws. beneficial owners. That is why I believe individual analysts and brokers who The decision was made that at that that beneficial ownership should be the follow companies are able to determine point a company does have a size that test for whether companies have to re- their recommendations, are able to ad- is adequate and necessary so that they port under the Securities Exchange vise clients that you should buy this should be disclosing. Act. It should encompass those who company, it is a good company. The issue that is motivating the have the power to sell and/or the power When the company goes dark, that House is this 500-person requirement. It to vote the shares. They are the actual information source dries up and it is was adopted, as I said, in 1964. There is shareholders. They are the individuals harder for individuals, brokers, invest- a sense that the limit is probably too who management is committed by fi- ment advisors to give advice. I think low. The House version is 2,000. We duciary duties to work for. So I think this would not be helpful to the mar- make no attempt to change the House it is appropriate that when we raise ket. In fact, I think it might, iron- limit of 2,000 now, the new limit. But this level to 2,000 we also ensure that it ically, impede capital formation, not what we want to be sure of is that the is not simply record holders, it is the facilitate capital formation. individuals who are being counted are beneficial owners—the real owners, for There is one important point that not the record holders, they are the want of another term. has to be stressed, and that is my real owners, the beneficial owners. In There also could be, for example, two amendment does not affect the em- fact, many companies are very astute identical companies with identical ployee exemption in the underlying and assiduous in assuring that these numbers of beneficial owners but they bill. The House bill has a blanket ex- record holders fall beneath this 500 might have different numbers of record emption for counting owners of the level. holders because of the way the shares company for employees. We have re- There are many large companies, are held—in trust or by a broker, et viewed this exemption in our legisla- well-known companies, as I mentioned cetera. And one company reporting and tion with eminent experts, including in my previously remarks, that have one not reporting does not seem to be Prof. John Coates at Harvard Law thousands of beneficial owners but still to be a fair or efficient way to do busi- School, and he concurs that employees have, on their own records, less than ness. would not be swept up into being

VerDate Mar 15 2010 01:15 Mar 22, 2012 Jkt 019060 PO 00000 Frm 00017 Fmt 4624 Sfmt 0634 E:\CR\FM\G21MR6.031 S21MRPT1 pwalker on DSK7TPTVN1PROD with SENATE S1890 CONGRESSIONAL RECORD — SENATE March 21, 2012 counted because they happen to receive formed, so they can follow their stock. tion is, Why isn’t it good enough for compensation through stock in their Indeed, the analysts who look closely the Democratic Members of Congress? company. at these companies, who make rec- So I am joined today by my col- There are many companies—WaWa, ommendations to buy and sell, also leagues on the Senate floor who con- Wegmans—that want to have active need this type of information. For this tinue to raise questions about the employee participation in the company reason I have proposed this amend- health care law and so many broken through stock plans but are private ment. I think it is something that im- promises made by this President. I am companies and want to remain private. proves the bill. It was included in our fortunate to be joined by a senior mem- This should allow them to do so. substitute which did not receive 60 ber of the Senate Finance Committee, Again, my legislation makes no at- votes to pass cloture but did receive Senator GRASSLEY. tempt to change the underlying House the majority of votes in this body. I I would ask my colleague from Iowa, bill, which gives a very broad blanket think it is something, again, that will as a senior member of the Senate Fi- exemption for employees, who are ex- improve this legislation. I would not nance Committee, who spent a lot of empted from the shareholder threshold. hesitate to add that many more im- time studying and debating President There is another aspect here, too, provements are necessary, but cer- Obama’s health care law, my question and that is ESOPs, employee stock op- tainly this would be an improvement. to the Senator is, Do you think the tion plans, because they do acquire I would note the absence of a President’s promises match the re- stock on behalf of employees. We spe- quorum. ality? cifically asked Professor Coates, one of The PRESIDING OFFICER (Mr. Mr. GRASSLEY. I say to the Senator the preeminent experts in securities UDALL of New Mexico). The clerk will from Wyoming, definitely not, and law, whether this would inadvertently call the roll. Americans are seeing every day that is trigger or inadvertently complicate the The assistant legislative clerk pro- not the case. If I could respond a little beneficial ownership rule. His opinion ceeded to call the roll. bit more in length, I would go back to is that ESOPs typically count as one The PRESIDING OFFICER. The Sen- 1994 and point out a problem President record holder and one beneficial owner ator from Wyoming. Clinton had, and in turn that President because they do not pass through the Mr. BARRASSO. Mr. President, I ask Obama tried to avoid about 14 years votes or the right to direct sales. They unanimous consent that the order for later. It was in 1994 that the health do not have the characteristics which the quorum call be rescinded. care reform issue came before the Con- are typical of the beneficial owner: the The PRESIDING OFFICER. Without gress—promoted by President Clinton right to vote and the right to sell the objection, it is so ordered. at that time—and it failed in large part stock. They maintain those rights. Mr. BARRASSO. Mr. President, I ask because it fundamentally changed the They do not delegate those to the indi- unanimous consent to enter into a col- health care coverage for nearly every vidual employees who might be part of loquy with my Republican colleagues American. the pool. So Professor Coates’ view is for 30 minutes. We know the bill that is now law has that ESOPs also would be exempt from The PRESIDING OFFICER. Without fundamentally changed, but President being counted, if you will, as more objection, it is so ordered. Obama, in 2009—and throughout his than one entity. HEALTH CARE campaign in 2008—decided he would We have also reached out to the Se- Mr. BARRASSO. Mr. President, on combat the failure of the Clinton ad- curities and Exchange Commission and the Senate floor this morning Senator ministration on health care reform, we have received some assurances, DURBIN called on Republican Members and not being successful there, by re- from talking to Meredith Cross of the to offer to give up what he called their peating over and over to Americans: SEC, that, given their rulemaking Federal health care. I heard his com- ‘‘If you like what you have, you can power, they have within the ambit of ments, and he makes an interesting ar- keep it.’’ That is basically what we their power in implementing this legis- gument. But, once again, Democrats in heard at least 47 different times while lation the ability to clarify any of the Senate are ignoring history, as the the bill on health care reform was these points. So that not just employ- Senator did today. They are ignoring being debated. ees who receive stock through an em- the facts and ignoring the Democrats’ We heard that from the President ployee plan, but an ESOP and other en- record on this issue. himself. We probably heard it from tities that hold stock—not on behalf of The truth is, Republicans in this Members of this Congress hundreds of their investors but have the right as an body have already offered to give up times. While it may have been politi- entity such as a venture capital fund or their health insurance coverage. In cally useful to make that promise to a private equity fund—have the right fact, here is the rest of the story: the American people, it remains a at that fund level to vote and to direct During the debate on the health care promise he cannot keep and he did not the sale of the shares and receive the law—almost 2 years ago today—Repub- keep. dividends—that they, too, would be licans offered to forego their private The fact is, millions of Americans are counted as one entity. coverage and instead enroll all Mem- seeing changes in their existing health Professor Coates, as I said, believes bers of Congress in Medicaid, the gov- plans due to the health reform law. So, this will not affect the venture capital/ ernment’s safety-net program for low- basically, when the President said, ‘‘if private equity firm structures, which income individuals. The Democrats in you like what you have, you can keep would typically count as one share- this body unanimously rejected this it,’’ it is not turning out that way, and holder, whether of record or bene- idea. Every Democrat voted no. This Americans are seeing it every day. ficially. The VC firm or PE firm does was on an amendment by former Sen- The administration’s regulations not pass through votes or the right to ator LeMieux from Florida, an amend- governing so-called ‘‘grandfathered direct sales to its own investors, and ment that asked to enroll all Members health plans’’ will force most firms—up the same might be said with mutual of Congress in the Medicaid Program. to 80 percent of the small businesses— funds, pension funds, et cetera—the Yet at least 50 percent of the newly to give up their current health care primary passthrough which would be covered individuals under the Demo- programs, and that is happening fairly counted as brokers and banks, who crats’ new law are going to get cov- regularly. When those businesses lose hold on behalf of beneficial owners. erage, and they will get their coverage their grandfathered status, they imme- What we have, I think, is legislation through Medicaid. diately become subject to costly new that recognizes the need to increase So the President’s solution for health mandates and increased premiums that the number adopted in 1964, but also to care in this country is to put 50 percent follow. So the economics of health care recognize that the real owners of com- of the newly covered individuals under costs and health care insurance dictate panies far exceed, in many cases, the Medicaid. Yet the Democratic Members that people are not going to be able to holders or record, and that these real of the Senate unanimously voted no. If keep what they have, as the President owners depend upon the routine report- Democrats believe Medicaid is good promised. ing that is required under the Securi- enough for the 24 million people they Families in 17 States no longer have ties Exchange Act so they can be in- will soon force onto the rolls, my ques- access to child-only plans as a result of

VerDate Mar 15 2010 01:15 Mar 22, 2012 Jkt 019060 PO 00000 Frm 00018 Fmt 4624 Sfmt 0634 E:\CR\FM\G21MR6.033 S21MRPT1 pwalker on DSK7TPTVN1PROD with SENATE March 21, 2012 CONGRESSIONAL RECORD — SENATE S1891 the health care law. So if you were a lion over 10 years. The President said, BLUNT, who is joining us on the floor, voter in 2008, and the President said to about Medicare, as I told you, ‘‘I’m not was very actively involved in the de- you ‘‘if you like what you have, you going to touch it.’’ But the President bate and the discussions in pointing can keep it,’’ and you wanted only has touched it in a big way: $575 billion out the concerns people in his home health insurance for your children, you out of Medicare. State had with regard to the health cannot do that today in these 17 Medicare is on a path to go broke by care law and the objections he heard. States. It is not known how many fam- 2021; $575 billion is not going to guar- My recollection is that there was even ilies who lost coverage for their chil- antee Medicare for everybody in the fu- an issue on the ballot about the health dren because of the law have been able ture. We have to reform and change care law and mandates and related to find an affordable replacement. Medicare if that promise is going to be issues. Medicare Advantage covers about 20 kept. We all want to do that, but the So I ask my friend and colleague percent of the senior citizens of Amer- President has made that more difficult. from Missouri if there are comments he ica. There is a study that shows the The Congressional Budget Office would like to add to help with this dis- Medicare Advantage enrollment is wrote that over $500 billion in Medicare cussion of the broken promises of the going to be cut in half. The choices reductions ‘‘would not enhance the Obama health care law. available to seniors are going to be re- ability of the government to pay for fu- Mr. BLUNT. Mr. President, I thank duced by two-thirds. Then there is the ture Medicare benefits.’’ You know the doctor for his leadership on this open question about Americans who re- what the President said during the de- issue during the debate on the health ceive their health care through large bate on this bill: ‘‘I’m not going to care law itself and right up to now, the employers. The CBO recently released touch it.’’ But he has touched it in a second anniversary of it being signed a report that constructed a scenario big way. into law. Certainly Missouri voters where as many as 20 million Americans The Chief Actuary had this to say were the first voters who went to the could lose their employer coverage. about the Medicare reductions: polling place and registered their views While I acknowledge that the Con- Providers— on this. As I recall, 72 percent said they did not want to be a part of it. The fa- gressional Budget Office report pro- Meaning hospitals and doctors— vided the number that I just mentioned mous comment made on the other side Providers for whom Medicare constitutes a of the building by the Speaker—we will as only one possible scenario, there are substantive portion of their business could many who believe that is very plau- find it difficult to remain profitable and, ab- know what is in the bill once we pass sible given the incentives in the health sent legislative intervention, might end it—has proven to be very true and not care law created for large businesses. their participation in the program. very positive from the point of view of So I say to the Senator from Wyo- So not only touching 500-and-some that bill. ming, 47 times—just while we were de- billion dollars, but also touching it in a The Senator from Wyoming and Sen- ator GRASSLEY have talked about the bating it; I don’t know how many way of limiting access for senior citi- promises made already—the promise times during the campaign—this Presi- zens of America when the President not to touch Medicare, the promise dent said, ‘‘If you like what you have, said, ‘‘I’m not going to touch it,’’ he that if you like what you have, you can you can keep it.’’ It is a promise that misled the American people. keep it—surely nobody can say that was not kept. The CM Actuary said, in essence, with a straight face anymore—and the Mr. BARRASSO. Well, I say to my these cuts could drive providers from promise during the campaign that colleague from Iowa, it is interesting the Medicare Program. I have a hard that we take a look at this and so there wouldn’t be a mandate. time understanding how these massive Four years ago this was the big divi- many promises that reflect one specific cuts to Medicare count as somehow: sion of the two principal candidates for promise, ‘‘if you like what you have, I’m not going to touch Medicare. the nomination on that side. Senator On the other hand, the biggest prob- you can keep it.’’ Obama’s view was that there would be I practiced orthopedic surgery for 25 lem facing Medicare in the near term is no mandate, that there was no need for years, taking care of families in Wyo- a physicians payment update problem a mandate. In fact, at one point he said ming. Many of those families included that we constantly have to address and that having a mandate would be like family members who were on Medicare, could have been addressed in the health solving homelessness by mandating the program for our seniors. Senator care reform bill. You know what. It that everybody buy a house. Now, that GRASSLEY has made some reference in was not addressed. Of course nothing is not my quote, that is President his earlier comments about seniors, was done about it. Perhaps that is what Obama’s quote when he was Senator people who are on Medicare, people the President meant when he said Obama—having a mandate on health who are having a harder time finding a about Medicare, I say to the Senator care would be like solving the housing doctor. This health care law clearly from Wyoming, ‘‘I’m not going to problem by saying we are going to re- had an impact on seniors as well. touch it.’’ quire that everybody buy a house. So I would ask my colleague from Mr. BARRASSO. That clearly points This plan does not work. It doesn’t Iowa, are there specific things the Sen- out to the people around the country come together. The parts of the plan ator has been hearing as he travels what they know, and if they are on that were supposed to pay for the plan around the State and visits with folks Medicare that it is that much more are one by one being discarded. at home in terms of perhaps promises challenging for them to even find a Remember the so-called CLASS Act, made specifically to seniors and those doctor because of the $500 billion of the long-term care act, which tech- broken promises related to Medicare? cuts to Medicare—and not to save nically, I guess, would have produced Mr. GRASSLEY. That is not only a Medicare, not to strengthen Medicare, some money because it collected promise that has been broken, that is a but to start a whole new government money the first 10 years; the first 10 promise that is very easy to quantify program for other people. So those are years, we are counting the money and because, on July 29, 2009, during the several of the promises the President we are not allowed to spend any of it consideration of this health care re- made. for the first 10 years. So, sure, that form law, the President said: We just heard from my colleague would be a net income to the Federal Medicare is a government program. But from Iowa, ‘‘if you like what you have, Government. We are not spending and don’t worry: I’m not going to touch it. you can keep it.’’ We know that prom- money is coming in. But even the Sec- So let’s take a look at the health ise has been broken, and now the prom- retary of Health and Human Services care law and see if that promise was ises by the President—I will protect said what many of us said at the time, kept. The health care law made signifi- Medicare—which is clearly not the which is that this plan won’t work, so cant cuts in Medicare programs. This is case, as the American people have seen, we are not even going to collect the what we can quantify in dollars and which is why this health care law is money because we know there is no cents. even more unpopular today than it was way this particular structure will do On April 22, 2010, the Chief Actuary of when it was passed. what it is supposed to do. Medicare analyzed the law and found But thinking back to the time it was It is just one broken promise after that it would cut Medicare by $575 bil- passed, the Senator from Missouri Mr. another, it is just one set of provisions

VerDate Mar 15 2010 02:20 Mar 22, 2012 Jkt 019060 PO 00000 Frm 00019 Fmt 4624 Sfmt 0634 E:\CR\FM\G21MR6.034 S21MRPT1 pwalker on DSK7TPTVN1PROD with SENATE S1892 CONGRESSIONAL RECORD — SENATE March 21, 2012 after another, and the more the Amer- yet. I am going to add something to Those are the things we are dealing ican people look at it, the more they what Senator BLUNT said when he with and why, at townhall meeting realize this just doesn’t add up. Not quoted the Speaker of the House saying after townhall meeting, people con- only does it not add up financially, it that we don’t really know what is in tinue to tell me they want this re- doesn’t add up to better health care. this bill and we are going to have to pealed and they want it replaced with We are going to see lots of people— pass it to find out what is in it. That is patient-centered health care—not gov- the Congressional Budget Office re- what she had to say to get a majority ernment-centered, not insurance com- cently estimated that I think 20 mil- vote even within her own party to get pany-centered, but patient-centered lion people who get insurance now at it through the House of Representa- health care. That is what people are work would lose that insurance at tives. But, in a sense, she is right. One asking for, and they get tired of all work once this goes into effect, and could understand every letter of this these broken promises the President that was not a calculation in the origi- law, but it has 1,693 delegations of au- has made. thority for the Secretary to write regu- nal bill. Everybody was at least calcu- I remember the President said he was lating that anybody who has insurance lations, and until they are written, we aren’t really going to know what is in going to bring down the price of pre- now would keep what their employer miums by $2,500 per family per year. would continue to pay for. Well, for 20 it. We remember the accountable care organization rules that came out. Six What family wouldn’t want that? The million of them, apparently, that is not whole purpose of the health care law going to be the case. pages out of 2,700 in the bill dealt with accountable care organizations, but the initially was to get the costs of health I yield to the Senator from Wyoming care under control. This didn’t do it. on that topic of just what employers first regulations that were written are going to have to decide to do once were 350 pages long. So we really won’t If I go to a townhall meeting, as I did they are faced with this new mandated know how bad this legislation is maybe not too long ago in Wyoming, and say: policy that covers not only what they for a few years down the road, and How many of you under the new health think they can afford but whatever hopefully we never get that far down care law are finding that you are pay- some government official decides is the the road. ing more for health insurance, not the perfect policy for all Americans. Now, Mr. BARRASSO. My understanding $2,500 less a year the President prom- of the accountable care organization imagine that—the perfect policy for all ised, but how many are paying more, component is that the very health pro- Americans. One-size-fits-all almost al- every hand goes up. Then we ask the grams the accountable care organiza- ways means that one size doesn’t fit question: How many of you believe the tions were modeled after, the ones the anybody. And these employers, it is quality and the availability of your President held up as the models across now understood, are in many cases just own care is going to go down as a re- the country—one was in Utah, one was going to take the option that they will sult of this health care law, and every Geisinger in Pennsylvania, and I be- pay the penalty that is less than they hand goes up. I know that in the Show lieve the Mayo Clinic may have been a are paying now for insurance or they Me State of Missouri, that is not what third—once those 350 pages of regula- are going to have to require their em- people want. They don’t want to pay tions came out, the programs the ployees to go get their insurance in a more and get less. I don’t know if my President said were the models we subsidized exchange. That means tax- colleague has been hearing things simi- want to follow, they all said: We can’t payers will be helping buy insurance lar to that at home. comply with these regulations. They for people who today have insurance Mr. BLUNT. I think that is what we are too stringent. They are too con- through their employers at the rate of are all hearing. Whether you are for fining. They will not work in our pro- at least 20 million, and I think that this bill or not, my guess is that you gram. number will be a lot higher than that. are hearing that if you are asking that So if it is not going to work in the Mr. BARRASSO. Well, it does seem question. places where the President said they that way to me, to the point that now, are doing it well, to me that means Another of the President’s promises 2 years out, Senator COBURN and I put they are not going to work anywhere in was that an average family, if this together a report on what we are find- Wyoming and very likely not anywhere health care plan went into effect, ing. It is a checkup on the Federal in Iowa or anywhere in Missouri as we would pay $2,500 less, as the doctor just health law, and the title is ‘‘Warning: try to make sure patients get the care said, per year. In fact, since he became Side Effects.’’ That is because there are they need from the doctor they want at President, insurance premiums have huge side effects from this health care a cost they can afford. risen by $2,213 a year—not a $2,500 cut law. The four that we have written out That is why I continue to look at this but a $2,213 increase, according to the on the prescription pad, as we see it, on health care law and go home every Kaiser Family Foundation. The survey the prescription pad handed out by weekend and talk to people, and I con- says that in 2008, for employer-provided President Obama, No. 1 is fewer tinue to hear that this bill is bad for insurance, the average family premium choices; No. 2, we have higher taxes; patients, bad for providers—the nurses was $12,860. Last year it was $15,073. No. 3, more government; and No. 4 is and the doctors who take care of the These are incredible increases for fami- less innovation. That is what the patients—and bad for taxpayers. lies, coupled with the bad energy poli- American people are seeing as the side When we take a look at Medicare— cies and other policies that put fami- effects of this health care law. People and Senator BLUNT made a comment lies into a condition they would hope don’t want few choices, they want about Medicare and some of the not to be in and we hope for them not more choices. People don’t want higher changes—who is going to make these to be in. So you have increased costs to taxes, they want lower taxes. They decisions? It looks to me as though, families, increased costs to the system. don’t want more government, they from reading through this law, it is want less government. They don’t want about 15 unelected bureaucrats with That is the other thing the President less innovation, they want more inno- this so-called Independent Payment said. Another broken promise was that vation. That is what the American peo- Advisory Board who will decide what this health care bill would control ple asked for. hospitals will get paid for providing costs. Recently, according to the Medi- There was a reason to do health care various services. So in small commu- care Actuary—the person who cal- reform—because people wanted the nities, the hospital may say: Well, we culates these costs—the estimate was care they need from a doctor they want can no longer offer that service. I have that national health spending would go at a cost they can afford. I know that heard my colleagues talk about the up at least $311 billion over 10 years is what my colleague from Iowa sees specific loss of the ability of hospitals under this plan. Now, that is not cost when he goes home every weekend and to even stay profitable with some of control; that is $311 billion, almost talks to people in his home commu- the cuts, from taking $500 billion away one-third of $1 trillion in increases. nities. from Medicare, again, not to save and Payment reductions to hospitals— Mr. GRASSLEY. Mr. President, if I strengthen Medicare but to start a the Senator from Wyoming mentioned could add one thing at this point, we whole new government program for this board that will make these deci- don’t really know how bad this law is others. sions. I am not sure there will be

VerDate Mar 15 2010 02:20 Mar 22, 2012 Jkt 019060 PO 00000 Frm 00020 Fmt 4624 Sfmt 0634 E:\CR\FM\G21MR6.036 S21MRPT1 pwalker on DSK7TPTVN1PROD with SENATE March 21, 2012 CONGRESSIONAL RECORD — SENATE S1893 enough people on that board who un- Even the fact that the White House historic threat to the liberties our Con- derstand rural hospitals and under- has sent out postcards to all these stitution was designed to secure. stand why it is critical that rural hos- small business—the IRS spent over $1 A decent respect for the opinions of pitals that are critical-care hospitals million of taxpayers’ money to send the American people cautioned against continue to have different arrange- out millions of postcards promoting passing this law on a purely partisan ments with the government than oth- the tax credit—the Treasury Depart- basis. Yet in spite of the clear opposi- ers do for the government-provided ment’s inspector general recently testi- tion of the American people to this health care, such as Medicare and Med- fied that ‘‘the volume of credit claims massive expansion of government icaid. And if they understand that, has been lower than expected’’—as a power, and to its historic spending and there may not be enough people on the matter of fact, only 7 percent of the 4 tax increases, the President and his board who understand the unique needs million firms the administration congressional allies were determined to of urban hospitals that have a heavily claimed. jam this bill through the Congress. uninsured population. Why? Well, because of the complexity The architects of this strategy, if not How is this 15-member board going to and the whole way the system was set the party loyalists who carried it out be better than the 500 Members who up, the President was able to talk big against the wishes of their constitu- serve people in Washington now, trying and deliver very small. That is why so ents, sleep easy at night having done to look at specifics and then be ac- many people are very unhappy with the so, because they knew that this was a countable? To whom is this board ac- claims in the health care law because once-in-a-generation opportunity, the countable? What decision do they make they know these promises have been crowning achievement of the liberal that somebody can challenge in a broken. bureaucratic state. A takeover of the meaningful way, in a way that they With regard to NANCY PELOSI’s fa- Nation’s health care sector and its top- would be really concerned about? mous quote—that first you have to down regulation by Washington had So it doesn’t control costs as the pass it before you get to find out what eluded Democrats for over 70 years. President said it would. It doesn’t re- is in it—that is why I come to the floor The economic downturn of 2008 duce insurance costs as the President every week with a doctor’s second changed that. With the election of said it would. I think it will wind up opinion because it does seem just about President Obama and significant ma- with maybe even more people unin- every week we do learn some new unin- jorities in the Congress, the left was sured as long as the penalty paid is less tended consequence, something new not going to, in the words of the Presi- than the premiums paid, particularly about the health care law and another dent’s Chief of Staff, ‘‘let a crisis go to for young workers who are outside the reason why Americans are unhappy waste.’’ What this strategy meant in system today. Under the President’s with it, why it remains as unpopular, if practice was that Democrats would ad- plan, we eliminate the advantage they not more unpopular, today as when it vance a radical liberal agenda whether have for being young and healthy by was passed, and why so many people the American people supported it or saying: No, you can’t really classify believe the Supreme Court should find not. That is the anniversary we are ob- groups, whereas if a person gets life in- this bill unconstitutional, for the rea- serving this week, and it is a dark spot surance, that person will certainly pay sons that do have Americans at home on our Nation’s history, in my opinion. more if they are 75 than if they are 27. in an uproar, and very unhappy that The Obamacare episode showed a fun- They are just going to pay less. It is the government can come into their damental disrespect for the opinions the same way today for health insur- homes and mandate that they buy a and constitutional common sense of ance as well because it is clear that the government-approved product and pay the American people. Faced with grow- likelihood of a person using that plan for it or pay a fine. Nothing like this ing unrest and real concerns about the at 26 is different than it is at 62. So all has happened before, and people are, impact of this law on families, the of these things just don’t add up, and frankly, offended. economy, and access to health care, people are beginning to figure that We do not know what the Supreme the law’s proponents assumed that the they don’t add up. Court is going to do, but I know what American people were too dumb to get I thought Senator GRASSLEY made a this body ought to do. This body ought it; that once Obamacare became law, very good point about even when we to vote to repeal and replace this bro- the American people would come to passed the bill, we wouldn’t know all of ken health care law and get a health love it, as well as the benefactors who the costs of this bill until it actually care law in place which is what the gave it to them. That is what they goes into effect. I am very much in sup- American people wanted, which is, the thought. As Speaker PELOSI explained: port of his view that we never want to care they need, from the doctor they We have to pass the bill so you can find let this get so far down the road where want, at a price they can afford. out what is in it. we would know how much it would We have not seen that yet. But that The great liberal conceit was on full really cost or all the rules and regula- is why we are here on the second anni- display in the process that led to this tions we would really have because it versary of the President’s health care bill becoming law. We know better will head health care in a direction law, to continue to point out the flaws than you, they said. We can plan one- where we might not be able to reverse of this legislation. Quite interestingly, sixth of the American economy, and course and get to a health care system when you take a look at some of the you will eventually come to like it. that is really focused on patients and national poll numbers, for people who Well, as we all know, the American health care providers rather than gov- have talked to a health care provider— people had something else in mind. ernment bureaucrats deciding what is whether that be a nurse, a doctor, a They reminded Congress and the Presi- the best health care for everybody. I physician’s assistant, a physical thera- dent that in this country the people want my doctor to decide. I want to be pist, a nurse practitioner, no matter are sovereign. They stood up as free part of that discussion. I do not want who—they are even less supportive of men and women rejecting Obamacare some government bureaucrat deciding it than the general public. before it became law and refused to what procedure is the only procedure Mr. HATCH. Mr. President, this Fri- embrace it afterwards. And as their un- that is acceptable for me. day the Nation observes an anniversary derstanding of the law has deepened, Mr. BARRASSO. It is interesting— that most Americans would prefer to they have remained constant in their because I know the Senator goes home, see removed from its calendar. I am commitment to full repeal. According as I do, very often to talk to many of talking about the second anniversary to a Rasmussen poll this week, over the small business owners in the State of the passage of the President’s health half of Americans support the full re- of Missouri, as I do in Wyoming, and as care law. Rather than celebrate this peal of Obamacare. Senator GRASSLEY does in Iowa—one of day, it is one that citizens and tax- Next week, the Supreme Court will the promises the President made is, he payers have come to rue and regret. hear oral argument on the constitu- said 4 million small businesses may be The process by which Obamacare be- tionality of this misguided law. In ar- eligible for tax credits. Well, it turns came law was an affront to republican riving at their decision later this year, out that the key word there by the principles of democratic self-govern- they will consider Obamacare through President is ‘‘may’’—may be eligible. ment. The substance of this law is an the prism of past precedents and the

VerDate Mar 15 2010 02:20 Mar 22, 2012 Jkt 019060 PO 00000 Frm 00021 Fmt 4624 Sfmt 0634 E:\CR\FM\G21MR6.037 S21MRPT1 pwalker on DSK7TPTVN1PROD with SENATE S1894 CONGRESSIONAL RECORD — SENATE March 21, 2012 Constitution’s original historic mean- comes as no surprise to the American the culmination of generations of gov- ing. But the Justices of the Supreme people. The President’s health care law ernment expansion, and it shows once Court are not the only ones evaluating promised all sorts of new free care. But and for all that we are all going to be the constitutionality of this law. The we all know, contrary to the repeated paying for the liberal welfare state. American people and citizens of this assertions of President Obama and his Taxing Warren Buffet is not going to Nation have their own obligation to administration, nothing in life is free. cut it. All American families will pay consider whether this law comports The bill will eventually come due for for this $2.6 trillion spending law one with our Constitution and principles of all this so-called ‘‘free care,’’ and it is way or the other. After centralizing limited government, and on that the taxpayers who will pay that bill. control of the Nation’s health care sys- verdict is already in. According to a re- According to the Congressional Budg- tem in Washington, DC, and putting cent Gallup poll, 72 percent of Amer- et Office, ‘‘Rising costs for health care health care decisions into the hands of ican adults, including 56 percent of will push Federal spending up consider- government bureaucrats, we will all self-professed Democrats, believe that ably as a percentage of GDP.’’ pay for it through higher taxes, less op- the law’s individual mandate is uncon- This is not what the President and portunity, and diminished access to stitutional. his allies promised. We were promised care. The average American who opposes lower costs. What we got were higher Our children are going to have to pay this law on constitutional grounds costs, more Federal spending on health for it, as a nation conceived in liberty might not be a law professor or an ap- care and, with it, more taxes and more is increasingly burdened by an pellate advocate, but those citizens and debt. unsustainable national indebtedness; taxpayers understand our Constitution When fully implemented, ObamaCare that is, unless the American people get was designed to guarantee liberty and authorizes $2.6 trillion in new Federal the final word on this. They certainly that it did so, in part, by limiting the spending over 10 years. It will increase should. powers of the Federal Government and premiums by $2,100 for families forced I believe in the American people. I maintaining the sovereign powers of by ObamaCare to purchase their own know what my fellow Utahans think the States. insurance. Its Medicaid expansions will about the President’s health care law. They know the unconstitutionality impose $118 billion in new costs on the No less than legislators or Justices, of ObamaCare runs far deeper than the States. they take the Constitution seriously. onerous individual mandate. The law It will increase spending on prescrip- They know this law is unconstitu- is, at its core, a violation of our most tion drugs, physician and clinical serv- tional. They know what it does to free deeply held constitutional principles. ices, and hospital spending. It will in- markets and to free men and women. It undermines personal liberty and crease the deficit by $701 billion over They know that if this law is constitu- puts more power in the hands of the its first 10 years. tional, then there are effectively no Federal Government. In the interest of How does the President propose to limits on what the Federal Govern- advancing what the left views as a con- pay for this? Here is how: He will pay ment can do. They know this law has stitutional right to health care, they for it by selling more Treasurys to to go. I look forward to showing it the undermine actual constitutional rights China. He will pay for it by increasing door. to life, liberty, and property. taxes and penalties by over $500 billion, The PRESIDING OFFICER. The Sen- The law’s mandate for abortion-in- and American workers will ultimately ator has used 30 minutes. ducing drugs undermines sacred rights pay for it with 800,000 fewer jobs than Mr. BARRASSO. Thank you very of personal conscience and religious would have otherwise existed. much, Mr. President. liberty. This is not the story the President or I yield the floor. Its expansion of Medicaid fundamen- the Democrats in Congress responsible The PRESIDING OFFICER. The Sen- tally transforms the relationship of the for this law want the American people ator from Massachusetts is recognized. States to the Federal Government, un- to hear. So they will attempt to spin Mr. BROWN of Massachusetts. Mr. dercutting the ability of those sov- their way out of it. President, I enjoyed the preceding pres- ereign communities to make basic de- In a memo obtained by the press last entation by the Senators dealing with cisions about the welfare of their citi- week, the advocates of ObamaCare laid issues surrounding health care. I think zens by crowding out spending for po- out their strategy to sell the merits of it is a very relevant discussion we need lice, infrastructure, and education. this misguided law prior to oral argu- to all pay attention to. The American people might not have ments at the Supreme Court. AMENDMENT NO. 1884 submitted complex legal briefs in the This week was designed to lay out all I want to talk on two issues today. I Supreme Court litigation, but their the great things provided by will start first with the crowdfunding conclusions about ObamaCare possess a ObamaCare. But, naturally, that memo amendment that has been offered by unique and powerful wisdom. The peo- mentions absolutely none of the costs. Senators BENNET, MERKLEY, and me— ple of Utah and the rest of this country It doesn’t mention the cost of these something we have been working on in understand the very DNA of benefits for Federal taxpayers. It a truly bipartisan manner, as it should ObamaCare—a commitment to more doesn’t mention the costs for employ- be done here, and as I do many of my government control, the empowering of ers and workers. It doesn’t mention actions. an already unaccountable administra- that the law could lead to as many as For those of you who may be listen- tive state, and an assault on free mar- 20 million Americans losing employer- ing either up in the gallery or on tele- kets—is unconstitutional. sponsored health benefits by 2019. It vision, crowdfunding is an opportunity This was not what President Obama doesn’t mention the impact the $1⁄2 tril- for individuals to invest money up- promised the American people. The lion in tax increases and penalties will wards of $1,000, upwards of $1 million President couched this government have on the economy, and it doesn’t total—so $1,000 per person, totaling $1 takeover of the Nation’s health care mention the harm this law does to our million—not dealing with a lot of the sector as a modest reform designed to Constitution and its principles of re- traditional SEC filings that are in reduce costs. publicanism, personal liberty, and lim- place and a lot of the other problems in When he spoke before a joint session ited government. which only very wealthy people in of Congress in September of 2009 to I wish I could say I was surprised, but years past have been able to partici- push for his plan, the President prom- I am not. ObamaCare is merely the pate in these types of offerings. ised it would ‘‘slow the growth of capstone to a generations-long liberal For example, right now, if I had a health care costs for our families, our project that has attempted to convince good idea, and I wanted some of my businesses, and our government.’’ citizens that they can have their cake friends to invest in it, and then we go The President swung and missed on and eat it too. They can have all the and start marketing, we could not do all three. According to the President’s benefits of an ever-expanding welfare that. That is illegal. One of the Presi- own Actuary at CMS, national health state, and nobody—or only the very dent’s objectives in his jobs speech was expenditures would increase by $311 bil- rich—would have to pay for it. to talk about these new opportunities, lion over the law’s first 10 years. This ObamaCare exploded this myth. It is and crowdfunding is one of them. He

VerDate Mar 15 2010 02:20 Mar 22, 2012 Jkt 019060 PO 00000 Frm 00022 Fmt 4624 Sfmt 0634 E:\CR\FM\G21MR6.039 S21MRPT1 pwalker on DSK7TPTVN1PROD with SENATE March 21, 2012 CONGRESSIONAL RECORD — SENATE S1895 supports it. The House has done a simi- or boyfriends in domestic violence inci- partisan, bicameral bill that the Presi- lar crowdfunding bill. We are actually dents in 2011 and 2012 alone, and it is dent will sign. taking this crowdfunding opportunity only March of this year. I have been deeply troubled to see and putting a little bit more safeguard It is unacceptable. The loss of those that this year’s reauthorization has be- in it. lives is tragic. But in addition to the come, once again, partisan. There is no I think our bill is different—well, I people who have lost their lives, the reason for it. There is no excuse for it. know our bill is different than the lives of the victims’ children, families, We just did the Hire a Hero veterans House bill in that the House bill does and friends have been destroyed. I bill, we did the 3-percent withholding, not require that you actually are a know because I was a victim of domes- we are doing the insider trading, we did legal business or even some kind of in- tic violence. As a child, I watched as the highway bill. There is no reason we corporated legal forum before you try my mother was beaten by abusive step- cannot do the VAWA bill on a com- to issue stock. That bothers me some- fathers. I did what I could to protect pletely nonpartisan basis. what in that you could have somebody my mom and my sister, but as a young I am on the floor today to call on my in their living room taking people’s boy there was only so much I could do. colleagues to band together and pass money and issuing stock with no check I remember vividly being a 6-year-old this reauthorization and send a very and balance, and I think that is impor- boy going to protect my mom and get- strong signal to Americans that the tant. ting beaten on until the police came. It Senate—yes, the Senate—stands united It also does not require that you offer is something that still lives with me, in recognizing victims from across the securities through an intermediary. and I try to use that experience and country, to give them the help they You could put up your own Twitter knowledge to help in many different need and, obviously, deserve. site: Buy shares is my great idea. Come ways. In Massachusetts, VAWA is sup- on and buy shares. When I was growing up, quite frank- ported by law enforcement and many All the experts agree that we would ly, there were not the resources that service providers that are on the front need to require an intermediary, say, are available to victims today. I wish lines in assisting domestic violence like an eBay, where the crowd can help my mother had known back then that victims. I know. Previously, as an at- identify the good and bad players, the she was not alone. I wish she could torney, I dealt with family law mat- way that eBay uses identified bad sell- have used one of the fantastic support ters. I know of the yeoman’s work ers on their site. providers that now exist in Massachu- these entities do. On Friday, I will be visiting Voices But also, as I said, it allows invest- setts today. Since being elected to the Against Violence in Framingham, MA. ments to take place that cannot be Senate, I have been moved by the orga- They receive VAWA funding to support done right now, and allows those enti- nizations in my State that are stepping direct services to victims and survivors ties, those groups, to take that money to the plate—and continuously step to of sexual assault and ensure that a and either use it as the investment the plate each and every day—to pro- trained rape crisis counselor is avail- seed money to create those new ideas vide support to victims of domestic vi- and new jobs—as we know, startup able after hours and on weekends. olence. The YMCA in central Massachusetts businesses are the entities that are ac- Quite frankly, as a government, we in Worcester uses those funds for a tually looking to create jobs at this have made tremendous progress in proactive program that has service pro- point—and/or use that money as seed helping victims get their lives back in viders working very closely with law money to go to a more traditional order—not only the victims themselves enforcement to provide information to lender and say: Hey, we have a great but the family members of those vic- domestic violence victims and advo- idea and we also have some money to tims. cate on their behalf—at a time when, back it up, and we would ask you to The Violence Against Women Act quite frankly, these folks need advo- sign on with us. was first signed into law in 1994, as you cates. I am hopeful the amendment comes know, and made a bold statement that Because of VAWA, REACH Beyond up. I understand it is. I am looking for- we would redouble our efforts to sup- Abuse in Waltham has supported many ward to having that very important port law enforcement efforts to crack cutting-edge prevention efforts with vote. I would appreciate, obviously, the down on offenders and assist those teens and the placement of advocates Presiding Officer and everyone else giv- working in our communities to provide in police departments as a symbiotic, a ing strong consideration to that. assistance to victims seeking a new life give-and-take relationship in those de- REAUTHORIZATION OF THE VIOLENCE AGAINST away from the violence they had been partments. WOMEN ACT subjected to. The Jeanne Geiger Crisis Center in Mr. President, I wish to shift gears In each reauthorization we have im- Newburyport, where my dad lives, used for a minute and talk about the Vio- proved upon the previous bill and made VAWA funds to establish a high-risk lence Against Women Act. As we it stronger and made stronger commit- homicide prevention project and was know—you may not know—Jessica ments to those who have been abused. recently recognized by the White House Pripstein of Easthampton, Lisa Stilkey Now is not the time—let me repeat: for their work. of Douglas, Belinda Torres of Worces- now is not the time—to take our foot I could go on and on and on about the ter, Kristin Broderick of Haverill, Pa- off the gas and avoid dealing with this tremendous involvement and great or- tricia Frois of Marshfield, Edinalva problem. ganizations not only in my State but Viera of Brighton, Milka Rivera of The landmark Violence Against throughout this country that are mak- Lawrence, Nazish Noorani of East Bos- Women Act must be reauthorized this ing a difference in the lives of victims. ton, Casey Taylor of Winthrop, Alessa year. I am incredibly proud to have co- We need to stand as a body and not get Castellon of Roslindale, Lauren Astley sponsored this reauthorization when it into party rhetoric, and declare to of Wayland, Michael Trusty of first came to my attention. I believe it women across America that they are Edgartown, Janice Santos of Worces- makes critical commitments against not alone in this fight. We need to do ter, Beth Spartichino of Easton, Son this horrific problem. everything in our power to help the Tran of Lowell, Jettie Lincoln of Plym- Historically, VAWA has been a bipar- millions of women like my mom who outh, David Walton of Tauton, Elaine tisan effort, where both parties locked were once in this situation and are now McCall of Wakefield, Jennifer arms in support of our enforcement and survivors. And we need to help them Freudenthal of Webster, Brian victims against perpetrators of domes- become survivors, not victims. So I call Bergeron of Malden, Lancelot Reid of tic violence. It was a glimmer of hope upon my colleagues to join me in send- Dorchester, Joel Echols of Springfield, for an otherwise contentious and over- ing a very strong bipartisan vote and Maria Avelina Palaguachi-Cela of ly partisan atmosphere. I have to tell get this done. Brockton, Troy Burston of Medford, you—this is not the first time I have Mr. President, I yield the floor and Joseph Scott of Worcester, and Aderito said this—but there is no Democratic suggest the absence of a quorum. Cardoso of Brockton—are constituents bill that is going to pass, there is no The PRESIDING OFFICER (Mr. of mine who have been killed by their Republican bill that is going to pass, CARDIN). Will the Senator withhold his husbands, wives, partners, girlfriends, for those listening. It needs to be a bi- request?

VerDate Mar 15 2010 02:20 Mar 22, 2012 Jkt 019060 PO 00000 Frm 00023 Fmt 4624 Sfmt 0634 E:\CR\FM\G21MR6.041 S21MRPT1 pwalker on DSK7TPTVN1PROD with SENATE S1896 CONGRESSIONAL RECORD — SENATE March 21, 2012 Mr. BROWN of Massachusetts. Yes. I Senator MIKULSKI was born and mous crab cakes, the best you will ever am sorry. I did not see the Senator. raised in Baltimore. Determined to taste, and second only to the Dunge- The PRESIDING OFFICER. The Sen- make a difference in her community— ness crab of the west coast, I might ator from California. and you know that well, Mr. Presi- add. If you have not, make sure you try Mrs. FEINSTEIN. Mr. President, I dent—and guided by her Catholic belief the recipe on her Web site. We talk thank the distinguished Senator from and a belief in social justice, she be- about our families and the way we can Massachusetts for his remarks in sup- came a social worker, helping at-risk work together. It is a throwback to the port of the Violence Against Women children and educating seniors about civility of the Senate. These dinners Act. I believe the bill will be before us Medicare. She once said, ‘‘I feel that I are when BARB really stands out as the shortly. We will count on Senator am my brother’s keeper and my sister’s dean of Senate women. BROWN’s vote. So we look forward to keeper.’’ Social work evolved into com- Women in this country have always that. munity activism when BARB success- had to fight for the most basic of TRIBUTES TO SENATOR BARBARA MIKULSKI fully organized communities against a rights. I think young women forget Mrs. FEINSTEIN. Mr. President, I plan to build a highway through Balti- that it was not until 1920 that we were rise today to pay tribute to a public more’s Fells Point neighborhood. able to vote in this country, and it was servant, a social worker, and a tena- Shortly thereafter, in 1971, she was only because women fought for it. cious advocate for vulnerable Ameri- elected to the Baltimore City Council BARB will be the first to say her mile- cans. I rise today to honor a trailblazer where she served 5 years. That was and a mentor for me and countless oth- about the time I was elected to the stones are symbols of how far she has ers. I rise today to honor an out- Board of Supervisors in 1970 in San come. But she will also show us how standing U.S. Senator from Maryland Francisco. In 1976, she ran for Congress much farther women have to go. and the dean of the Senate women, my and won, representing Maryland’s 3rd Today we take it for granted that a friend BARBARA MIKULSKI. District for a decade. She was then woman can be Secretary of State—we I am privileged to have represented elected to the Senate and has won re- have had two—or Speaker of the California in this body for almost 20 election in 1992, 1998, 2004 and 2010 by House—we have had one or a candidate years. When I first ran for the Senate, large majorities. for President. Not quite yet. Oh, no, I back in 1992, I received a call from BAR- As I said, BARB is an accomplished take that back. We have had one. And BARA MIKULSKI, personally urging me legislator. She is also one of the very one day soon, a woman will sit in the on and reaching out to provide encour- best. She cares passionately about Oval Office of this great country. When agement. quality education and ensuring every I have relied on her advice, her she does, she will owe a great deal to student has access to higher education. friendship, and the Mikulski brand of BARBARA MIKULSKI. She is a fighter for stem cell research candor ever since. As a matter of fact, But on this day, let the CONGRES- to cure our most tragic and debili- one of my fondest evenings was a SIONAL RECORD of this Senate reflect tating diseases. She is a tireless advo- three-onion martini right down the and forever record that Senator BAR- cate for the National Institutes of street. BARA MIKULSKI is the longest serving Health. And she is a leader on women’s It is hard to believe, but when Sen- woman in the history of the United health, writing law requiring Federal ator MIKULSKI took office in 1987, there States Congress, and this country is standards for mammograms, and a was only one other woman in this forever better because of it. body, Senator Nancy Kassebaum, later fearless proponent of breast and cer- Nancy Kassebaum Baker, the great Re- vical cancer screenings and treatment I yield the floor. publican Senator from Kansas. Increas- for uninsured women. The PRESIDING OFFICER. The Sen- ing the number of women in the Senate We serve together on the Intelligence ator from Utah. Committee. She asks some of the most has been painfully slow. In 1991, the Mr. HATCH. Mr. President, I came ranks of women in this body rose to prescient questions. I have seen her commitment to the FBI, to fighting here to talk on another matter, but I three, then later to seven after the 1992 wish to take a few minutes to talk election. Today we have 17 women in terrorism, and also to cybersecurity about my friend BARBARA MIKULSKI. this body and 76 in the House. As Sen- where she headed a task force for our committee that has resulted in the cy- We have served a long time together. ator MIKULSKI reflected in the Wash- When she came to this body, I think I ington Post last year: bersecurity legislation newly pending. Finally, she has led the way to may have been chairman of what was Women were so rare even holding state- then called the Labor and Human Re- wide political office [back then] . . . I was strengthen pay equity for women. The greeted with a lot of skepticism from my Lilly Ledbetter Fair Pay Restoration sources Committee, now the Health, male colleagues. Was I going to go the celeb- Act is the law of the land today be- Education, Labor and Pensions Com- rity route or the Senate route? I had to work cause of BARBARA MIKULSKI’s effort. As mittee. very hard. BARB said when we passed the bill: From the day she got on that com- And she has. BARBARA has worked I believe that people should be judged sole- mittee, she made a difference in every very hard to become an outstanding ly by their individual skills, competence, way, not just for women but for every legislator and a trailblazing public offi- unique talent and nothing else in the work- single American in this country. I have cial. Let me list a few of her firsts. She place. Once you get a job because of your a tremendous amount of profound re- was the first female Democrat to serve skill and talent, you better get equal pay for equal work. spect for Senator MIKULSKI and what in both Chambers of Congress—that in she has been able to accomplish. itself is impressive—the first female Or, in a manner that best captures Democrat to be elected to the Senate BARB’s candor, she said, ‘‘Women of Let me mention one thing. Back in without succeeding her husband or her America, square your shoulders, put on the early 1990s, she and I worked to- father; the first woman to chair a Sen- your lipstick, suit up, and let’s close gether on what was called the FDA Re- ate appropriations subcommittee; the that wage gap once and for all.’’ To me, vitalization Act. That act was a very first woman to serve a quarter century that is classic BARBARA MIKULSKI. important one, because we had the in the Senate; and the first woman ele- Let me close with a story. Every so FDA spread out all over the Greater vated to a Senate leadership position. often at BARBARA’s leadership, the Sen- Washington, DC, area, probably 30, 35 She is the only current Member of ate women get together for dinner. different offices, some of which were in Congress in the National Women’s Hall There is no agenda or staff, just Repub- converted chicken coops. It was ridicu- of Fame. And she is not done yet. Just lican women, Democratic women, and a lous to have these top scientists in last week, BARB achieved another his- lot of lively conversation. We talk anything but a centralized location toric first. According to the Senate about our families, we talk about the with top computerization and all of the Historical Office, she reached 12,858 workplace, we talk about the world, other scientific instruments they need days of service, becoming the longest and, of course, we even talk, to some to do this work for the American peo- serving female Member of Congress in extent, about this place. Sometimes we ple. I have to say that BARBARA MIKUL- our Nation’s history. enjoy Senator MIKULSKI’s world-fa- SKI played a pivotal role in helping to

VerDate Mar 15 2010 05:52 Mar 22, 2012 Jkt 019060 PO 00000 Frm 00024 Fmt 4624 Sfmt 0634 E:\CR\FM\G21MR6.042 S21MRPT1 pwalker on DSK7TPTVN1PROD with SENATE March 21, 2012 CONGRESSIONAL RECORD — SENATE S1897 develop that tremendous facility. I the first step in her now 41-year career dent Obama’s first bill. When he signed want you to know that I do not think in public service. it, the very first pen he handed over to it would have been developed without Over the course of the Senate’s 223- Senator BARBARA MIKULSKI. I was her effort and her dogged work to make year history, there have only been 38 there and I saw it. sure that we now have a centralized— female Members; the first, Rebecca Championed by Senator MIKULSKI, and it still needs improvement but cen- Latimer Felton, of Georgia, was ap- the long-awaited and much needed bill tralized FDA campus that literally is pointed for political reasons to fill a clarifies time limits for workers to file saving the lives of millions of people vacancy, and she served only a single unemployment discrimination law- and making the lives of millions of day in 1922. suits, making it easier for people to get people better. Senator MIKULSKI has so many firsts the pay they deserve regardless of race, I could go on and on. But I have a lot in her story of public service. She was age or gender. of respect for my distinguished col- the first woman elected to the Senate I wish to start here—but I don’t know league from Maryland. I would feel in her own right—the first—and not be- where I would end—to talk about the badly if I did not get up and tell people cause of a husband or father or some- important issues she has worked for. how much I do respect her. She be- one who served before her in higher of- Let me talk about health care for a lieves in what she does. She loves this fice. She was the first woman Demo- minute. When we set out to pass this body, most of the time, I think. And crat to serve in both Chambers of Con- historic affordable health care act, she cares for her follow Senators. We gress—the first. Last year, she was in- BARBARA was assigned the job to make care for her. I want her to know that. ducted into the National Women’s Hall sure it connected with the families and The PRESIDING OFFICER. The Sen- of Fame for her trailblazing political workers across America in a very real ator from Illinois. career, including, with this recognition way, to make sure that at the end of Mr. DURBIN. Mr. President, I rise to today, becoming the longest serving the day we weren’t talking to ourselves join my colleagues in honoring our woman Senator in the history of our or engaged in political gibberish but friend and colleague who is often re- Nation. passing a law that could literally garded as the dean of the women in the Given her years of experience, it is no change a life for the better. She led Senate, BARBARA MIKULSKI. wonder other Members of Congress that effort and made invaluable con- Earlier this week Senator MIKULSKI have turned to her for guidance, men tributions to the substance of that bill. added to her already long list of ac- and women alike. We knew those provisions would be complishments the distinction of being I can recall so many meetings of our important and that they would work the longest serving female Member of Democratic caucus when, after a long because we knew where BARBARA MI- Congress in the history of the United debate involving many people saying KULSKI came from and we knew where States of America. many things, BARBARA MIKULSKI would her political heart resides. While it is a Senator MIKULSKI’s life is a story of stand and, in a few terse words, get it milestone to celebrate Senator MIKUL- the American dream. Raised in a work- right. At the end of the day people SKI’s distinction as the longest serving ing-class immigrant family in the east would say: That is what we ought to woman in the Congress, there is a Baltimore neighborhood of Highland- do. She has this insight based on her much greater cause for celebration; town, Senator MIKULSKI learned at a life experience and her ability to try to Senator MIKULSKI’s decades of service young age about the struggles of work- peel through the layers of the political to this Nation is an admirable feat for ing families and ethnic Americans and onion and get to the heart of the issue. any man or woman. the value of paying it forward. Following the election of a number of I extend my congratulations to my She helped at her father’s grocery esteemed women into the Senate, a lot colleague and friend Senator MIKULSKI store, which opened early in the morn- of reporters deemed 1992 as ‘‘The Year for this milestone. Thank you for what ing so that steelworkers could buy of the Woman.’’ Senator MIKULSKI’s re- you have done for the Senate, for the lunch before their morning shift. She sponse was so typical and so right. This State of Maryland, and for our great delivered food to seniors and families is what she said: Nation. when parts of her neighborhood were Calling 1992 the ‘‘year of the woman’’ I yield the floor and suggest the ab- set on fire after the assassination of makes it sound like the ‘‘year of the car- sence of a quorum. Dr. Martin Luther King. At one point ibou,’’ or the ‘‘year of asparagus.’’ We are The PRESIDING OFFICER. The she even rode on the top of a tank to not a fad, a fancy, or a year. clerk will call the roll. deliver the groceries. That was typical BARBARA. Senator The assistant editor of the Daily Di- Senator MIKULSKI’s roots helped MIKULSKI rises above and beyond all gest proceeded to call the roll. shape her role today as a mentor, fight- that. From her first days in the Senate Mr. REID. Mr. President, I ask unan- er, and true public servant. She worked in 1987, she has fought an uphill battle imous consent that the order for the as a social worker for Catholic Char- to address the most important issues of quorum call be rescinded. ities, helping at-risk children and national importance. The PRESIDING OFFICER. Without counseling seniors on Medicare. She First and foremost for her is her fam- objection, it is so ordered. had her start in politics as a commu- ily, next is her great State of Mary- Mr. REID. Mr. President, the hour of nity organizer and social worker. land. She is a fearless advocate, and I 2:30 having arrived, it is my honor and In 1970—one side of BARBARA MIKUL- know the Presiding Officer knows that my pleasure to rise to honor a patriot, SKI her colleagues have certainly seen better than most as her colleague from a pioneer, and now the longest serving is her dogged determination—she orga- that great State. woman in the Congress of the United nized Marylanders to stop a 16-lane She has supported educational initia- States ever, and that is the senior Sen- highway project that would have tives, veterans causes, interstate com- ator from Maryland BARBARA MIKUL- threatened Fells Point and another merce, access to health care and wom- SKI. neighborhood in Baltimore. She got the en’s health and fair pay. BARBARA and I served together in the job done. Many people say that work The Chair knows the answer to this House, and we came to the Senate to- helped to save Fells Point and the question, but some of those listening to gether in 1986. I remember that day so Inner Harbor, two of the showcase the debate might not. What was the well, when we had our first appearance areas in the great city of Baltimore. first bill that the newly elected Presi- in the Senate as new Senators. It was She gave a speech at Catholic Univer- dent Barack Obama signed in the quite a moving event for me. But one sity to a Catholic conference on the White House with a public ceremony? of the events I remember about that ethnic American. It caught the atten- It was a bill BARBARA MIKULSKI pushed day is the presentation of Senator MI- tion not only of people in Baltimore hard for, the Lilly Ledbetter Fair Pay KULSKI. but far beyond its reach as she talked Restoration Act, so women going to We all said a word or two, and every- about her family story and the story of work all over the United States—not thing we said will be long forgotten. millions just like her. just in the Senate—would get a fair But what BARBARA MIKULSKI said, in One year later, she ran for and won a shake when it comes to the compensa- the way she has of saying things, will seat on the Baltimore City Council— tion for the jobs they did. It was Presi- not be forgotten.

VerDate Mar 15 2010 02:20 Mar 22, 2012 Jkt 019060 PO 00000 Frm 00025 Fmt 4624 Sfmt 0634 E:\CR\FM\G21MR6.043 S21MRPT1 pwalker on DSK7TPTVN1PROD with SENATE S1898 CONGRESSIONAL RECORD — SENATE March 21, 2012 Here is this woman who is not even City of Baltimore’s Department of So- I have told her this personally over the as tall as my wife, who is 5 feet tall, cial Services. I can imagine what a dy- years on several occasions to remind but she said, ‘‘I slam-dunked Linda namo she was—and she still is. There is her—one of the most heart-warming, Chavez,’’ her opponent. That said it all. no work harder than being a social stirring speeches I have ever been That was the beginning of my work- worker. The problems one sees and has present to listen to. She spoke to the ing closely with this good woman. She to deal with are extremely difficult. people assembled there—there weren’t has been a friend, an inspiration to me During her years as a social worker, many of them—as a fellow activist. She in so many different ways in the time she was a powerful voice for children spoke as an American of Polish descent we have served together. When we got and seniors in need of an advocate. and a fellow Catholic. She spoke as one on the Environment and Public Works BARBARA MIKULSKI then and now is an of them. When that presentation was Committee, she was here, and I was advocate. It was there the spark for completed, everyone knew she was one here. She was always ahead of me in se- service and activism was lit, but it was of them. niority because of her longer service in a plan to build a 16-lane highway that It took almost a decade for the Soli- the House. On the Appropriations Com- fanned the flames that had been lit by darity movement to strike victory in mittee, for more than two decades, I her activism. Poland, and I know Senator MIKULSKI’s was here, she was here. She was always The highway would have gutted his- speech was not the reason, but I guar- one ahead of me. toric Fells Point, a neighborhood that antee you it was one of the reasons BARBARA was the first Democratic she believed should have been pro- they had the audacity and the courage woman elected to the Senate in her tected. It would have uprooted home- to proceed as they did. own right. Last year, she surpassed the owners in a majority African-American Remember, Poland was an inter- legendary Margaret Chase Smith of neighborhood. She organized the resi- esting country. It was the only country Maine as the longest serving woman in dents of Fells Point and Baltimore’s behind the Iron Curtain where the the history of the Senate. On Saturday, Inner Harbor and stopped the construc- Communists could not destroy their she officially surpassed Congress- tion of that highway. educational system, and that was be- woman Edith Nourse Rogers of Massa- That is a testament to the power of cause of the strength of the Catholic chusetts, who, by the way, served in democracy that she believes in with all Church in Poland at that time. Solidar- the House from 1925 to 1960 as the long- her soul. Looking back on that tri- ity’s victory in Poland inspired a est serving woman in the history of the umph, Senator MIKULSKI said: stream of peaceful anti-Communist Congress. I got into politics fighting a highway. In revolutions that eventually caused the Senator MIKULSKI’s service—and the other countries, they take dissidents and put fall of communism entirely all over service of many female Members of them in jail. In the United States of Amer- Eastern Europe. Congress—has paved the way for girls ica, because of the First Amendment, they BARBARA’s Polish ancestry and the of today to know they can become Sen- put you in the United States Senate. God Polish community in which she grew ators, they can become professional bless America. up in Baltimore were very important basketball players, and they can be en- She has always been an advocate for to her, but I never knew it until that gineers and doctors. The sky is the the disenfranchised and disadvantaged moment in Warsaw with those few place they need to go, and that is in this country, but she has also been members of Solidarity who were as- where they believe they can go because an advocate for dissidents in other sembled to honor us. of the work that has been done by BAR- countries, of whom she has spoken so Her great-grandmother had come BARA MIKULSKI. eloquently on so many occasions. Her here from Poland with just a few pen- When I came to the Senate with her, family was Polish. She has heard all nies in her pocket—literally—but she she was the only woman who served in the Polish jokes, and she has withstood had a dream of a better life for her and the Senate as a Democrat. There was a little of the ‘‘barbs’’ when neighbor- her family. This is what BARBARA MI- one other Republican at the time. Now, hoods were different than they are KULSKI said about her great-grand- since then, Mr. President, I have now. But she took special pleasure and mother. watched very closely on this side of the was so proud of her heritage. She didn’t even have the right to vote, and aisle. Now we have 12 Democrats, and if BARBARA took a special interest in in this great country of ours, in three gen- the elections turn out the way I hope the plight of Polish people oppressed erations, I joined the United States Senate. they do—and I am cautiously opti- under communism. We know in 1980 the It was a remarkable feat for her. But, mistic they will—we will have 17 people of Poland started a fledgling lit- more importantly, it was a confirma- women who are Democrats in the Sen- tle group called Solidarity—a move- tion of the American dream. For BAR- ate. ment to engage in nonviolent resist- BARA, what began as community activ- She has been truly a trailblazer. We ance against communism and in sup- ism, a fight against a highway, grew recognize BARBARA’s achievements port of social change. into a successful career in public serv- today and her outstanding record as a Senator MIKULSKI and I had the won- ice. tireless advocate for the State of Mary- derful pleasure of traveling under the I just want to add a side note, Mr. land. She grew up in the Highlandtown guidance of a trip led by John Glenn— President, and talk about something neighborhood of east Baltimore. She a world famous man then and now. It very personal to me. When Senator learned the value of hard work by was a wonderful trip for a couple of David Pryor got sick, he was the working in and watching her dad, espe- new Senators. The Iron Curtain was Democratic conference secretary in the cially, open that family grocery store down, and it was down hard, but we Senate. That opened up a spot in the and work from early in the morning went to Poland on a codel. I can re- Senate leadership. That was something until night. He sold lunch to steel- member we had the opportunity to I thought would be interesting to me. workers and other people who came by meet with members of the Solidarity It was known who was interested in that little grocery store. movement. We met in secret with filling that spot, and I knew BARBARA In high school she was educated by them, in a secret location, and Senator was interested. the nuns at the Institute of Notre Glenn talked, Senator Stevens, then a I went to BARBARA and said: BAR- Dame. She credits the nuns with in- senior member of the Senate at the BARA, if you want it, it is yours. Two stilling in her faith and a thirst for jus- time spoke, and I said I would like to years later, Wendell Ford decided he tice. She went on to study at Mount hear from Senator MIKULSKI. was going to retire. He was the whip. I Saint Agnes College, which is now part Now, Mr. President, I am not articu- can still remember that morning walk- of Loyola College in Maryland. She late enough to explain the presentation ing from the Hart Building over to the earned her master’s degree in social she made extemporaneously, but this Russell Building, in that long walkway work from the University of Maryland. powerful woman stood and talked there, and I saw BARBARA MIKULSKI. I BARBARA was a social worker and has about her heritage and her religion and didn’t say a word to her. always been proud of the fact that she what that meant to the people of She said: I want to talk to you. She has been a social worker. She was em- America and what it should mean to said: You supported me when I wanted ployed by Catholic Charities and the the people of Poland. It was truly—and to be the conference secretary. You

VerDate Mar 15 2010 02:20 Mar 22, 2012 Jkt 019060 PO 00000 Frm 00026 Fmt 4624 Sfmt 0634 E:\CR\FM\G21MR6.045 S21MRPT1 pwalker on DSK7TPTVN1PROD with SENATE March 21, 2012 CONGRESSIONAL RECORD — SENATE S1899 want to be the whip, I am supporting extend, on behalf of the Republican but also for all of her many accom- you. But for BARBARA MIKULSKI, I Conference of the U.S. Senate, our re- plishments in the House and the Sen- would not have had that leadership po- spect and admiration for the senior ate. As she once said herself, it is not sition. Once the Democratic caucus Senator from Maryland on achieving how long you serve, but it is how well knew BARBARA MIKULSKI supported me, this important milestone. you serve. it was all over. I won. And I won be- I am sure she would be the first to I wish to recognize BARBARA for the cause she came to me, as she did that tell you that becoming the longest pioneering model she has been to so morning. serving woman in the Congress wasn’t many women in her distinguished ca- So, Mr. President, my respect, admi- easy. A life in public service is filled reer. ration, and love for this woman is dif- with many highs and lows. But BAR- Congratulations, Senator MIKULSKI. ficult for me to describe, but it is BARA is nothing if not both tough and The PRESIDING OFFICER (Ms. STA- there. BARBARA MIKULSKI ran for Con- resilient. BENOW). The majority leader. gress and won after serving on the city BARBARA would point to her upbring- Mr. REID. Madam President, Senator council of Baltimore for 5 years. She ing as the daughter of a Baltimore gro- MCCONNELL and I have tentatively represented Maryland’s Third District cer, where she learned firsthand how worked out something so we will have for 10 years before winning the seat in hard work, honesty, and determination votes tomorrow, not today. That being the Senate she now holds. can lead to a successful and rewarding the case, we are not under a crunch for Again, I appreciate all she has done life. She later learned, while fighting a time here today. for me—so many different things she freeway that would have destroyed sev- We have a number of Senators here has done for me. As a very able mem- eral Baltimore communities, including who wish to say something regarding ber of the Appropriations Committee her own, that if you fought hard Senator MIKULSKI, and I wish to set up and somebody who loves this institu- enough for something you believed in, an orderly time to do that. So I ask tion, I am in awe of the legislative you too can make a difference. So if that Senator MIKULSKI be recognized. record of this amazing woman. you knew BARBARA back then, it Following that, we have Senator She has been a dedicated representa- wouldn’t surprise you we are honoring CARDIN to be recognized for 10 minutes; tive not only for the State of Maryland her today. Senator BOXER, 10 minutes. Senator but the State of Nevada. One thing she Last year, when Senator MIKULSKI KAY BAILEY HUTCHISON has been here did for me—and there have been a lot became the longest serving female Sen- since before anybody else. So following of them—when we were new Senators ator, she said she never saw herself as Senator BOXER, I ask that she be recog- and she was on one of the subcommit- a historical figure. To me, BARBARA nized. And Senator GILLIBRAND? tees of the Appropriations Committee said, history is powdered wigs and Jane Mrs. GILLIBRAND. At the conclu- concerning veterans benefits and af- Addams and Abigail Adams, both pio- sion of my colleagues’ remarks, 3 min- fairs, as a favor to me she traveled to neers in their own right. utes. Reno, NV, to look at an old veterans However, BARBARA is a pioneer. She The PRESIDING OFFICER. Without hospital. She went through it and said: is only the second woman to be elected objection, it is so ordered. This is not the way a veterans hospital to both the Senate and the House. The Senator from Maryland. should be, and I, BARBARA MIKULSKI, When first elected in 1986, she was only Mr. CARDIN. Madam President, I am going to change it. And she did. the 16th woman to serve. Today, in know there are a lot of us who want to Through the appropriations process Congress, there are 76 women in the pay our tribute and respect to the sen- we renovated and improved that hos- House and 17 in the Senate. As dean of ior Senator from Maryland, Senator pital so it was one of the better hos- the Senate women, she served as a role MIKULSKI. I want to make sure every- pitals at the time. So I am grateful for model and a mentor to many of these body has their opportunity. Are we op- this good woman, an advocate for par- women. To put this in perspective: erating under a consent order? ity for women on everything from sal- When she first arrived in the Senate, Mr. REID. Yes. ary to health care access. But for BAR- there weren’t any natural mentors to The PRESIDING OFFICER. The con- BARA MIKULSKI the National Institutes teach her the ways of the Senate. At sent order to this point has Senator of Health would not have a center for the time, even the Senate gym was off CARDIN, followed by Senator BOXER, women. She got a little upset when she limits. A lot has changed since then, and then Senator HUTCHISON. Senator learned they had done a study of the ef- and BARBARA had a lot to do with it. KERRY is asking to be recognized. fect of aspirin on people’s hearts and Later, as more women were elected Mr. KERRY. I believe he included my she realized they had tested 10,000 peo- to the Senate, BARBARA worked with name for 10 minutes at the same time. ple and they were all men. them to help them understand the Sen- Madam President, I believe Senator I had a situation that arose in Ne- ate and how best to be an effective Sen- REID included my name in that list for vada about at the same time where ator, both here and back home. She 10 minutes—I ask unanimous consent. three women came to me who had wanted to give back. The PRESIDING OFFICER. Without something called interstitial cystitis, a Most importantly, regardless of objection, it is so ordered. Senator devastating, debilitating, painful dis- party or issue, BARBARA would push her KERRY will be added, and a complete ease that is described as running sliv- female colleagues in the Senate to list will be put together. ers of glass up and down your bladder. think differently, encouraging them to Mr. CARDIN. Madam President, I am It was said to be a psychosomatic dis- think of themselves as a force—a force glad we could get that straight. ease. These women had nowhere to go. of good and, oft times, a force for Let me first thank all of our col- I talked to BARBARA MIKULSKI about change. I know many are grateful not leagues who are here to pay honor to this, and now 40 percent of these only for BARBARA’s leadership and the senior Senator from Maryland, women have medicine that takes away courage but for her willingness to take Senator MIKULSKI. their symptoms totally. the time to share her experiences with This is March Madness in basketball. I could go on here a long time, as ev- them. I don’t want to just be a first, Sweet 16 is starting. We are very proud eryone can see. But I do it because I BARBARA once said. I want to be the in Maryland of our Lady Terps. They congratulate BARBARA on this mile- first of many. are in the Sweet 16. But I want you to stone, which is so important to me and In 35 years, nearly 13,000 days as a know that we are all getting our fan- the Senate, and to tell her how much Member of Congress, BARBARA has been tasy teams, and I want Senator MIKUL- Nevada appreciates her. It is not just a champion of the space program, SKI on my fantasy basketball team be- for Maryland. She has done things for science research, welfare reform, major cause she is a true leader, she under- the entire country. transportation, homeland security, and stands the importance of working to- I wish her well for years to come. environmental issues in Maryland. gether, and she is a winner. The PRESIDING OFFICER. The Re- I wish to recognize BARBARA not only We are proud of her roots in Mary- publican leader is recognized. for the tremendous accomplishment as land. She is the great-granddaughter of Mr. MCCONNELL. Mr. President, it is the longest serving female in the his- Polish immigrants who owned a bak- my honor to be here this afternoon to tory of the United States in Congress ery. She began her public service in

VerDate Mar 15 2010 02:20 Mar 22, 2012 Jkt 019060 PO 00000 Frm 00027 Fmt 4624 Sfmt 0634 E:\CR\FM\G21MR6.046 S21MRPT1 pwalker on DSK7TPTVN1PROD with SENATE S1900 CONGRESSIONAL RECORD — SENATE March 21, 2012 high school, where she helped deliver the people of this country. That was There is nobody more feisty, more willing groceries to seniors who were locked in her mission in the Affordable Care Act, to take on big business, big government, or their apartments and she helped the to make sure that we had the delivery anyone when it is time to look out for the homebound seniors get the food they systems in place that would deliver interests of her constituents. needed. She went to the University of quality health care, and Senator MI- I think all of us would agree. Maryland School of Social Work be- KULSKI’s leadership was critical in that On a personal note, I thank Senator cause she wanted to be a social worker. regard. MIKULSKI for her friendship, I thank She wanted to help other people. She She has been a leader in women’s her for being my buddy and my adviser. knew that she was good at that and she health care issues. I will never forget Whether she is with Presidents or could make a difference in people’s her reminder to all of us in the caucus: Kings or the patrons at Jimmy’s Res- lives. She worked for Catholic Char- Don’t forget women’s health care taurant in Fells Point, you get the ities and dealt with children at risk issues when you bring that bill to the same common sense, the same down-to- and helping seniors with Medicare. floor. And we didn’t. We put that in earth person—you get Senator BARB. As you have heard from several of my under Senator MIKULSKI’s leadership. We are so proud of her. colleagues already, she gained her rep- We talked about breast cancer and cer- Thank you, Senator BARB, for what utation by taking on a highway that vical cancer screenings. Senator MI- you have done to make this Nation a was scheduled to be built that would KULSKI has been in the leadership on all better place to live. Thank you for have gone through Canton and Fells those issues. being such a role model for young peo- Point, disrupting a neighborhood in We in Maryland are proud to be ple, especially young women, to get in- Baltimore. This was a 16-lane highway. where the National Institutes of Health volved, to make a difference. Thank It was considered to be a done deal; it is headquartered. Its growth in large you on behalf of my two grand- was going to happen. The powers that measure has been the result of Senator daughters. Their future is much bright- be said we are going to have a highway BARBARA MIKULSKI. We are proud of er, their opportunities are much great- coming through downtown Baltimore. HOPE VI and housing. Senator MIKUL- er because of you, Senator BARB. SKI The powers to be did not know BAR- has been in the forefront of that Congratulations. Your colleagues program, making it possible for many BARA MIKULSKI. That highway never here want to express our love and re- people in our community to have de- happened. Senator MIKULSKI stopped spect and admiration for your incred- that highway from being built. cent, affordable, and safe housing. ible service. She then went on to serve in the Bal- Senator MIKULSKI has been critically The PRESIDING OFFICER (Mr. timore City Council with great distinc- important to America’s space program. MERKLEY). The Senator from Cali- tion. Then in 1976 she was elected to I have been with her many times at fornia. the Congress for the Third Congres- Goddard and seen firsthand the results Mrs. BOXER. Mr. President, what an of her advocacy and what it has meant. sional District, a seat that was vacated incredible milestone Senator MIKULSKI The Hubble space telescope is another by our esteemed colleague Paul Sar- has reached. The words of her col- legacy of which Senator MIKULSKI can banes, who then came into the Senate, leagues and the love they feel for her be rightly proud. and BARBARA MIKULSKI followed in the are coming through. It is a wonderful We in Maryland are also proud to thing for me to be part of this tribute. great tradition of Senator Paul Sar- house NSA, the National Security banes. In 1986, when Senator ‘‘Mac’’ I don’t know how many Senators would Agency, with its new mission with the have the Governor of their State here— Mathias’s seat became vacant, Senator cyber command located in Maryland. BARBARA MIKULSKI was elected to the Your Honor; and the former distin- Senator MIKULSKI, as Senator FEIN- Senate. guished, incredible Senator Paul Sar- STEIN pointed out, has been one of the She has many firsts: The first female banes is here. That in itself, Senator real leaders on national security MIKULSKI, is testimony to your status Democrat elected in her own right to issues. We can’t issue press releases on serve the United States Senate. At the among all of us. this. She is a member of the intel- So many of us are here in the Senate time she was elected to the Senate, she ligence committee. She works behind because BARBARA MIKULSKI knocked was only one of two female Senators. closed doors to keep us safe. But we all Today, we have 17 female Senators in down the barriers one by one—the first know that she is one of the key leaders Democratic woman ever elected to the the Senate in large part because of in this Nation on national security Senator BARBARA MIKULSKI. I know the Senate in her own right, the first issues. woman to serve in both Chambers, the Presiding Officer was part of that ex- We know about pay equity and the longest serving woman in the Senate. pansion. You will hear how Senator MI- Lilly Ledbetter law, the first bill Now she has made history once again. KULSKI was not only a role model and signed by President Obama. It was Sen- This past Saturday, after 12,858 distin- an inspiration but an incredible help to ator MIKULSKI’s leadership that got get more women elected to the Senate. that bill to the President’s desk, recog- guished days of service, no other Last year we joined in this body to nizing that we are still not where we woman in history has served in Con- celebrate Senator MIKULSKI becoming need to be on gender pay equity in gress longer than Senator MIKULSKI— the longest serving woman in the his- America. ever. tory of the Senate, surpassing Mar- In our region, the Chesapeake Bay is Some trailblazers make history, and garet Chase Smith from the State of center to our way of life and our econ- they are content to stand proudly Maine. Then on this past Saturday, on omy. Senator MIKULSKI has been one of alone. ‘‘Aren’t I great? I did it.’’ But St. Patrick’s Day, she became the long- the real champions on water quality not Senator MIKULSKI. She always est serving woman in the history of the and the Chesapeake Bay. She under- made clear that she was honored to be Congress, replacing Edith Nourse Rog- stands the respect for State and local the first Democratic woman, but she ers from Massachusetts who served, as government, that we have to work to- never wanted to be the last. the majority leader pointed out, from gether as a team. I know the Governor I will never forget her saying: 1925 to 1960. of Maryland, Governor O’Malley, would Some women stare out the window waiting Marylanders understand longevity agree with me that there is no better for Prince Charming. I stare out the window records. We are very proud of Cal friend to the people of Maryland work- waiting for more women Senators. Ripken and the record he held in base- ing with the State than Senator BAR- Well, 17 women, Republicans and ball. Senator MIKULSKI’s, like Cal BARA MIKULSKI, getting the Federal Democrats, now serve in the Senate. I Ripken’s, legacy is what she has done Government on the same page as the know all of us have stories to tell in office to make a difference, not the State and local governments to get about how Senator MIKULSKI helped us length of her service. She is a fierce things done for the people of Maryland. along the way, reaching out to mentor and effective advocate for so many That is true with what she has been us, encourage us, lead us and organize causes. We have heard about her ac- able to do for all of us working across our regular meetings filled with folders complishments in education and health the Nation. and pens and pencils, and organizing care, what she has done to advance sen- I think the Baltimore Sun put it best dinners. She and Senator HUTCHISON sible health care to improve quality for when it said: teamed up. We are so fortunate to have

VerDate Mar 15 2010 02:20 Mar 22, 2012 Jkt 019060 PO 00000 Frm 00028 Fmt 4624 Sfmt 0634 E:\CR\FM\G21MR6.048 S21MRPT1 pwalker on DSK7TPTVN1PROD with SENATE March 21, 2012 CONGRESSIONAL RECORD — SENATE S1901 them working together. We get to- are single, you couldn’t get him; if you are dean of the women in the Senate, had gether now and then. Just in the heat divorced, you couldn’t keep him; and if you a workshop the previous year for the of debate, we sit down and break bread are widowed, you killed him. newly elected Democratic women Sen- together. Then there was one of my favorite ators. When I arrived in 1993, she ex- When I considered running for the Mikulski moments. This is a treasured panded it to include all new women Senate in 1992, Senator MIKULSKI was moment. The women of the House still Senators, and her sort of opening com- the very first person I went to see, hadn’t managed to integrate the House ment was, civility starts with us. after my husband. I was conflicted. I gym, so we were relegated to this tiny Surely, she has carried through as had a good House seat. I was told I room with old-fashioned, hooded hair the dean of the women of the Senate to could hold it for as long as I wanted, dryers and hardly any room to move. ensure that all the new women get and I was not sure I should give it up But there were very few of us, and we their bearings in the Senate, that they for the Senate. I was considered a long decided to make the most of it by hav- get the advice of the ones who have shot. Senator MIKULSKI told me the fol- ing an aerobics class. Of course, coming been here before. It has been a huge lowing: ‘‘If you run, and I want you to from California, I organized it. help and really a fun opportunity for us run,’’ she said, ‘‘it will be the toughest In came Geraldine Ferraro, Barbara to get to know each other on a per- thing you will ever do and the best Kennelly, OLYMPIA SNOWE, BARBARA sonal level as we have our women Sen- thing you will ever do.’’ And she was MIKULSKI, and me. Our instructor ators’ dinners. right. started the class by asking us to From this came a book Senator MI- Those of us of a certain age have stretch our arms way up, and we do. KULSKI and I worked on together. The probably seen the play or the movie ‘‘A Groans. genesis of the book—which became Man For All Seasons.’’ Today we cele- ‘‘Put your hands on your hips.’’ ‘‘Nine and Counting,’’ the nine women brate a woman who is truly a Senator More groans. Senators who were here in the year for all seasons. Some Members have Now she says, ‘‘Bend from the waist.’’ 2000—came from a meeting called by passion, others have policy skills, some Suddenly, a voice bellows from the Senator MIKULSKI to meet with the are brilliant negotiators, others great back of the room: ‘‘If I had a waist, I women of Northern Ireland, along with advocates for the least among us, some wouldn’t be here.’’ the women of Ireland, when there was are very serious students of history, We all turned around to see Senator so much strife in that country. BAR- and others are flatout hilarious. But I MIKULSKI, and we just cracked up. BARA MIKULSKI called all of the women do not think our country has ever seen Needless to say, that was the end of the Senators together, our nine, to give en- so many incredible traits combined in aerobics class. couragement and advice to the women one Senator. Whatever the issue, she As funny as she can be, I can’t think who were trying to bring the people of will address it. Whatever the problem, of anyone more resilient than BARBARA Ireland and Northern Ireland together she will solve it. Whatever the wrong, MIKULSKI. I remember when she was so that there could be a peaceful con- she will fix it. Whatever the need, she mugged a few years back, one evening clusion to the conflicts in Northern will meet it. Whenever and wherever outside her home in Baltimore. A man Ireland. From that, as we were sharing people without a voice need a cham- pushed her to the ground and grabbed our stories to show the women of pion with a keen mind, a sharp wit, and her purse. It was terrifying—for the Northern Ireland how much they could an unparalleled ability to speak from mugger. He had no idea whom he was do, from our experiences and our over- the heart and get things done, BARBARA dealing with. At 4 feet 11, Senator MI- coming of obstacles, BARBARA MIKUL- MIKULSKI is there. A lot of us have been KULSKI fought back and defended her- SKI and I sat down and said: there with her, and we have watched self, just like she defends the people You know, I think we have a book here. If her and we love it and we marvel at she represents, just like she defends each of the nine women Senators could write her. And she does it with a sense of women and families, just like she de- a chapter about our obstacles and our begin- humor that is unparalleled. Anyone fends equal pay and equal rights and nings in politics and help encourage other who has ever listened to a speech or civil rights and the health care of our young women and girls to aspire to and be able to succeed in politics, then we ought to interview with Senator MIKULSKI has citizens and the dignity of our seniors. do it. heard her utter these incredible quips, The truth is, the Senate used to be a which I fondly called ‘‘Mikulski-isms.’’ very lonely place for women, but Sen- So we worked with a publisher. We She has called us women into battle ator MIKULSKI changed that. From the got together and decided how we would by asking us to go ‘‘earring to earring’’ day she was first sworn in, she has car- lay it out. We then decided as a group with our opponents. She has challenged ried the challenges, the hopes, and the that we would give all of the proceeds us to square our shoulders, suit up, put dreams of millions of women with her. to the Girl Scouts of America because our lipstick on, and fight. She has said BARBARA MIKULSKI has inspired genera- almost each of us had been a Girl Scout often that women do not want to talk tions of young women everywhere. She at one point. about gender but an agenda that helps has given them the confidence that From so from that we put a book out, America’s families. they can do it, too, because even as we which is still being sold here in the When asked by Glamour Magazine celebrate this incredible milestone, I Senate bookshop called ‘‘Nine and how she felt about being named Glam- know Senator MIKULSKI’s greatest hope Counting.’’ It has given a lot of money our’s Woman of the Year along with is that a young girl growing up today to the Girl Scouts of America, to a singer Madonna, Senator MIKULSKI re- will be inspired to follow in her foot- leadership fund so that they can con- plied, ‘‘She’s got her assets, I have steps and one day to break her record. tinue to create girls who will be leaders mine, and we both make the best of When that happens, it will be because in our country. But that started with what God has given us.’’ BARBARA MIKULSKI—our dean, our the meeting BARBARA put together for When asked about the different per- cherished leader, our Senator for all those of us who could maybe give ad- spective women bring, she often says, seasons—opened the doors of the Sen- vice and help these women of Northern ‘‘Women, we are not so much about ate wide enough to let the women of Ireland. macro issues but, rather, the macaroni America walk in. When I came into the Senate in 1993, and cheese issues.’’ Who else could say Thank you, BARBARA MIKULSKI. the first thing I wanted to do was give that better? The PRESIDING OFFICER. The Sen- equal treatment to women who work at When discussing the challenges ator from Texas. home in their ability to save for retire- women face in politics with a group of Mrs. HUTCHISON. Mr. President, I ment as those who workout outside the female parliamentarians from around am pleased to stand and add my experi- home. I had the experience, as a single the world, this is what BARBARA MI- ences with and admiration for Senator working woman, of putting aside some KULSKI explained to them when they BARBARA MIKULSKI. It is fitting that money for my IRA, and then when I asked about what is it like and is it she is now the longest serving woman married my husband Ray, I found out I tough. She said: in the U.S. Congress. could put aside only $250 in an IRA. I Let’s put it this way. In an election, if you When I first got here—I was elected said: Wait a minute. Why would some- are married, you are neglecting him; if you in 1993—BARBARA MIKULSKI, as the one working inside the home—a woman

VerDate Mar 15 2010 03:43 Mar 22, 2012 Jkt 019060 PO 00000 Frm 00029 Fmt 4624 Sfmt 0634 E:\CR\FM\G21MR6.053 S21MRPT1 pwalker on DSK7TPTVN1PROD with SENATE S1902 CONGRESSIONAL RECORD — SENATE March 21, 2012 who is probably going to need retire- lican on the committee that is appro- had some things that were good, but ment security more than any of us— priating for NASA. We are also fortu- one of the things in it was that no not be able to save for her own retire- nate to have Chairman JAY ROCKE- health insurance coverage would be re- ment security if she is a married FELLER on the authorizing and over- quired for women to have mammo- woman? So I authored the Homemaker sight committee for NASA. He, too, grams if they were 40 or below. I will IRA, and of course I wanted to have a has been such a strong leader in assur- tell you something, the biggest erup- Democrat lead because we had a Demo- ing that we continue America’s pre- tion in the Senate was BARBARA MIKUL- cratic Congress. So I asked Senator MI- eminence in space. SKI saying: Are you kidding? I will not KULSKI, and she said she would abso- When the rubber hits the road in ap- let this go by me in the Senate. We are lutely sign on—as she always does— propriations, Senator MIKULSKI has not going to say that a woman who is when it is something that is going to been there to say: We are going to have 40 or under is not going to be eligible benefit women. So it became the the science in the Hubble telescope, for insurance coverage for a mammo- Hutchison-Mikulski bill. I said to BAR- which has given us so much informa- gram. It is not going to happen. BAR- BARA: I want this bill to pass. I don’t tion, as well the James Webb telescope. BARA MIKULSKI took the lead, and I am care if my name is first. I would love to Now, of course, we have the human going to tell you, the first thing that put your name first if you think that space flight issues and BARBARA MIKUL- came out of that plan was that provi- will help us get it through. She said: SKI has been right there saying, of sion, and it will never be in a plan as Absolutely not. I would not take your course we are going to utilize the long as BARBARA MIKULSKI is in the name off that bill for anything because International Space Station, of course Senate. So I am just going to tell any- it was your idea. There are not very we are going to keep America’s prior- body who is looking at health care re- many people in this body who would ities in space because it has done so form, take a little advice, don’t mess make that gesture and also put her much for our economy and our jobs and with BARBARA MIKULSKI because we are weight behind the passage of the bill. our technology and our health care im- going to have mammograms. Of all the things I have done and that provements, but it has also been a na- Not only that, BARBARA MIKULSKI we have done together, BARBARA, and tional security issue that BARBARA MI- came forward in the next month and of all the things that bill is going to af- KULSKI recognizes, first and foremost. passed unanimously in the Senate a fect the most people in our country be- I cannot match a lot of the stories mammogram standards bill. During cause now we have the Homemaker about BARBARA MIKULSKI and her per- this process she learned that there IRA that passed in 1996 that allows sonality, but I can tell you I took BAR- were varying degrees of standards of women—whether they are married and BARA MIKULSKI to tour the Johnson mammography. She was going to make working at home or outside the home Space Center in 2001, and we did a won- sure there were standards that every and single or married—they will be derful event at Baylor College of Medi- clinic would have, that every piece of able to set aside the same amount. For- cine to talk about the research that is equipment would have and she led the tunately, that amount has grown, and being done in the biomedical sciences effort. It is law today. so it is not $2,000, but it can be $2,500 or and on the space station. I thought, I I will end with yet another accom- $3,000 or $5,000, depending on their age. am going to bring BARBARA where we plishment; that is, single-sex education It is a wonderful thing we were able to can show her a little bit of Texas. in public schools. Senator Jack Dan- do together. We know Texas has a lot of person- forth of Missouri started looking at the Senator MIKULSKI and I also worked ality and sometimes we are thought to issue and said: We need to allow our on behalf of Afghan women. When we have a little too much fun, but I will public schools to offer single-sex edu- started hearing the atrocities that tell you what, BARBARA is one of us. I cation—meaning girl schools and boy were happening to the women of Af- brought her to the Houston rodeo. Dur- schools—because so many of us have ghanistan that were brought back by ing the month of the Houston rodeo, seen that we have to adapt education great women’s organizations, such as everybody is ‘‘Go Texas,’’ and every- for the needs of each individual child Vital Voices, that told stories of not body dresses Texan, which means cow- to the best of our ability. We know only unequal treatment of women in boy, and we have a great time. So I there are so many wonderful private Afghanistan but inhumane treatment took BARBARA MIKULSKI into the steer schools for boys and girls, but we could of women in Afghanistan. Senator MI- auction, where just this past Saturday hardly have a public school that would KULSKI, Senator Clinton, and I intro- a steer was sold for $460,000. be single sex in this country in the duced the Afghan Women and Children It is a grand champion steer, I might 1990s. Relief Act, which was signed into law say. All of that money goes for scholar- So Jack Danforth started the effort, in December of 2001, which authorized ships for our young people to go to col- and when he left the Senate, I picked it funding for women in Afghanistan and lege. up. The more I looked at it, the more Afghan refugee women. Political par- BARBARA came into the steer auc- I saw the benefits to boys and to girls— ticipation was supported for Afghan tion, and she looked around. There particularly in the middle and high women, and we followed up with appro- were 2,000 people at the breakfast be- school grades—were palpable. Senators priations. I have to say our Republican fore all these people are going to go Clinton, BARBARA MIKULSKI, SUSAN President, President Bush, and our and bid on the steers so we can fund COLLINS, the three of them, had gone to Democratic President, President scholarships. We were all dressed ap- an all-girls school. I had not, but they Obama, have always said American propriately for Texas, and she reached knew the benefits firsthand of single- money will go into Afghanistan or Iraq over to my ear and she whispered: Now, sex education. BARBARA was the prod- or anywhere else to support equally the KAY, if we were here on Monday morn- uct of single-sex education, having education of girls and boys; that we ing and we went to a chamber of com- gone to a parochial school. would support women where they are merce meeting, do these people look I first introduced the amendment in not being treated as equals on a human like this? I love to tell that story in 1998, but it was in 2001—when the four rights basis. So our Presidents have Houston because it gets huge laughs. of us came together—that we actually stood and, of course, our bipartisanship She won over everybody in Houston. got the bill passed through an amend- in Congress has done the right thing. They adored her from the beginning. ment and that amendment then not Again, Senator MIKULSKI is a leader in She put on her cowboy hat, she rode in only made public single-sex education that area. the grand entry on a buckboard and she an option and legal, it also made it eli- I cannot think of a stronger sup- became an honorary Texan in our gible for Federal funding grants simi- porter in this Senate than BARBARA MI- hearts. So BARBARA MIKULSKI knows lar to all our public schools. KULSKI in the area of NASA. I wish to how to win over others. I wish to say it has been one of the say Senator BILL NELSON also has been Let me mention one of my early ex- joys of my time in the Senate to work such a strong supporter, as well as Sen- periences when I first came into the with Senator BARBARA MIKULSKI, and I ator LAMAR ALEXANDER, but Senator Senate. There was an effort to have think this 4-foot-11-inch mighty-might MIKULSKI and I now are the—she is the health care reform. A program was put has 10 times the impact. She has made chairman and I am the ranking Repub- forward and this particular program an impact on Congress and an impact

VerDate Mar 15 2010 03:43 Mar 22, 2012 Jkt 019060 PO 00000 Frm 00030 Fmt 4624 Sfmt 0634 E:\CR\FM\G21MR6.055 S21MRPT1 pwalker on DSK7TPTVN1PROD with SENATE March 21, 2012 CONGRESSIONAL RECORD — SENATE S1903 on America because she is relentless, Some of her women colleagues in the spouse’s nursing home care. But she is reasonable, she understands an Senate call her Dean. Others call her throughout her career, BARBARA MI- issue, and she understands the impor- Coach BARB. But no matter what they KULSKI has fought to strengthen the tance of listening as well as talking. call her, she has brought them together safety net for children, for seniors, and She is effective and she is respected. If in this bipartisan sisterhood, as we just for anyone who needed somebody to there is anyone in the Senate who heard from the Senator from Texas. stand for them or push open a door for doesn’t like her, respect her, and work She holds workshops and serves as a them. well with her, I have not met them. mentor to all newcomers and organizes That fight started in east Baltimore When one is the longest serving woman regular monthly dinners. They don’t where her Polish immigrant grand- in the Senate and Congress, they have always agree on everything, but the parents ran a bakery and her father a worked with a lot of people. She is dinners are what some of them have grocery store. She says she often unanimously so well regarded, I have called a ‘‘zone of civility,’’ which is watched her father open the doors to never met an enemy of hers. something the Senate could use a little his grocery store for local steelworkers I will close by saying the people who more of these days. Again, it is BAR- so they could buy their lunches before know her best love her most, and I can- BARA MIKULSKI’s example that helps the morning shift. She got it in her not think of a finer thing to say about point us in that direction. head at that time that she would rath- any person. But for all of her firsts, I would say er be opening doors for others on the Thank you. to my colleagues that BARBARA MIKUL- inside than knocking on doors from the I yield the floor. SKI’s career has never been about gen- outside. The PRESIDING OFFICER. The Sen- der as much as it has been about agen- So no surprise, after college she got a ator from Massachusetts. da. I have had the privilege of working job as a social worker helping at-risk Mr. KERRY. Mr. President, first of with her enough on different issues of children and educating seniors about all, I wish to say what a pleasure it is Medicare. She got involved in politics to welcome Senator Sarbanes back. I being what she calls one of her Gala- by organizing community groups to had the pleasure of sitting beside him hads. I have seen her laser focus on stop a highway from going through the on the Foreign Relations Committee what is right, on her conscience, on her Highlandtown neighborhood where she for 24 years. We miss his judgment and gut, on her sense of what the people of wisdom. We could use it these days. Maryland want, and what she thinks is grew up. Let me tell my colleagues, no- I wish to welcome Governor her duty as a Senator. That is why I body had ever seen anything like her. O’Malley. I can’t think of a time, when wanted her on the Speaker’s platform At one rally, she jumped up on a table people have stood up to laud a fellow in 2004 in Boston at the convention, and cried: Senator, that a Governor of their State and she delivered just the right mes- The British couldn’t take Fells Point, the is sitting and listening. All of the com- sage in her forceful and commanding termites couldn’t take Fells Point, and way. She stood up there and declared: goddamn if we’ll let the State Roads Com- ments to this moment and beyond will mission take Fells Point. undoubtedly echo the remarkable af- When women seek power, we don’t seek it for ourselves; we seek it to make a difference As they say on ESPN, the crowd went fection that everybody has for BAR- in the lives of other people. nuts, and the roads commission never BARA MIKULSKI and particularly the knew what hit them. And I assure my high regard in which she is held. There is no arguing, as we heard from This is a very special celebration for a number of colleagues, about what an colleagues, that was a nonprofane use the longest serving woman in the his- extraordinary difference BARBARA MI- of our Lord’s name. tory of the Congress, 12,862 days today KULSKI has made in the lives of other Again, no surprise, that led to her and counting. In that time—I recall people, not just Marylanders but all election to the Baltimore City Council. when I first came here there was one Americans. She has been an extraor- I think that explains a lot about just woman serving, and that was Senator dinary advocate for the Goddard Space how good a politician she is—how well Nancy Kassebaum—it is fair to say Center, for the Wallops Flight Facility, she knows the street. I think every one of her colleagues, all of us, are in awe BARBARA MIKULSKI has been one of the and for Johns Hopkins Applied Science pivotal forces in creating and assem- Lab in Maryland, as well as the Port of of BARBARA’s ability to focus on the bling what I would call a true ‘‘band of Baltimore and Chesapeake Bay cleanup street emotion, on the simplicity of an sisters’’—the women with whom she efforts. argument, and to be able to sum it up has served in the Senate, each of whom For decades, she proudly worked be- in a razor-like comment that just cuts makes extraordinary contributions to side my colleague of 26 years Ted Ken- to the quick and makes the rest of us this institution. nedy. She loved Ted Kennedy and Ted who search around for the words seem We have heard from other colleagues Kennedy loved her. Together, on the pretty inept in the process. Whether it that her career is filled with mile- Health Committee, they worked to is at Camden Yards, Fells Point, the stones, and it is. She is the first Demo- make universal health care a reality. Eastern Shore, the Washington sub- cratic woman to serve in both Houses Her role when Senator Kennedy was urbs, or up along the Mason Dixon of Congress. She is the first Demo- sick was an extraordinary role of pick- Line, BARBARA has her finger on the cratic woman elected to Senate leader- ing up that baton and helping to bring political pulse of Marylanders. She un- ship. She is the first woman elected to it across the finish line. derstands their concerns, shares their statewide office in Maryland. These are Along the way she became a leader aspirations, and sums up their hopes just a few. on women’s health, fighting for equal- and their dreams in a few short sen- When BARBARA came to the Senate in ity in health research and making sure tences that nobody else can parallel. 1986 after 10 years in the House of Rep- women get the quality of care they de- If anyone expected BARBARA MIKUL- resentatives, women were still, as she serve. She was one of the chief sponsors SKI to accept being just a novelty or a describes it—these are her words—‘‘a of Medicaid financing of mammograms celebrity in Congress, they obviously bit of a novelty’’ in the Senate. Indeed, and Pap smears. had no understanding of her deep roots then, it was only BARBARA and Senator Personally, I will never forget how as an immigrant, being an American, Nancy Kassebaum. But now BARBARA BARBARA reacted when the National In- and the values she learned about hard says: stitutes of Health said it would not in- work in her family. We’re not viewed as novelties. We’re not clude women in trials of aspirin as a If anyone expects her to slow down viewed as celebrities. We’re viewed as U.S. preventive for heart attacks because just because she is now the longest Senators. ‘‘their hormones present too many bio- serving woman in the history of Con- One of the reasons for that is that logical variables.’’ BARBARA fired back: gress, they don’t know BARBARA MI- BARBARA MIKULSKI has demonstrated a ‘‘My hormones rage because of com- KULSKI. A couple of years ago, BARBARA seriousness of purpose, an ability to ments like that.’’ and I talked—I think it was at one of legislate, and an ability to make Her proudest accomplishment, she our retreats—about how similar Mary- friends and bring people together that says, is the Spousal Anti-Impoverish- land and Massachusetts are in certain has defined her role as the dean of the ment Act, which helps to keep seniors ways, especially their rural and fishing women in the Senate. from going bankrupt while paying for a histories which we actually both have.

VerDate Mar 15 2010 05:19 Mar 22, 2012 Jkt 019060 PO 00000 Frm 00031 Fmt 4624 Sfmt 0634 E:\CR\FM\G21MR6.056 S21MRPT1 pwalker on DSK7TPTVN1PROD with SENATE S1904 CONGRESSIONAL RECORD — SENATE March 21, 2012 She told me she wasn’t much of a fish- taining U.S. leadership in the area. She her 25th year in the Senate, surpassing erman, but she liked to hunt. The only has advanced legislation to substan- my personal role model in public serv- problem she cited was the recoil of the tially increase the number of students ice, Senator Margaret Chase Smith, rifle given that she stands 4 feet 11 earning degrees in science, technology, the Great Lady from Maine. Adding in inches tall. engineering, and math. her 10 years in the House, Senator MI- Well, it is clear from the record, As a Senator from Maryland, Senator KULSKI now establishes the record for clear from the comments of all of her MIKULSKI understands the importance longevity in either chamber, set by colleagues, and clear from this extraor- of the Federal workforce. Many of her Congresswoman Edith Nourse Rogers, dinary longest serving record in the constituents are responsible for the who represented Massachusetts but Congress and all that she has accom- high quality of life many of us take for was born in Maine. plished that she stands as one of the granted every day. Whether its food in- For me, the special meaning of this tallest Senators and packs a punch way spectors, air traffic controllers, or occasion goes far beyond such coinci- beyond her 4 feet 11 inches. medical researchers, many Maryland- dences. Just as Congresswoman Rogers We are proud to have her as a col- ers who make up the Federal workforce and Senator Smith inspired young league, and we are in awe of her ability contribute to our Nation’s health and women in the past to lives in public to galvanize action, which is what this safety. Fortunately for them, and the service, Senator MIKULSKI inspires the institution should be all about. rest of us, they have a powerful advo- young women of today. As a new Sen- Mr. LEVIN. When you read over the cate in the Senate. Senator MIKULSKI ator in 1997, I was welcomed by her long list of Senator BARBARA MIKUL- said, ‘‘I want every Federal employee kindness and helped by her wisdom. SKI’s accomplishments, one word keeps to know I am on their side.’’ Indeed she She taught me the ropes of the appro- coming up, ‘‘first.’’ First woman to be is—not only because it is in the inter- priations process and instituted reg- elected to the Senate from Maryland, ests of her State, but because she ular bipartisan dinners for the women first woman of her party to serve in knows well that an effective Federal of the Senate. both the House of Representatives and workforce is in the interests of every It has been a privilege to work with in the Senate, first woman to serve in citizen in every State. Throughout her Senator MIKULSKI for 15 years. During the Senate leadership. Today we gather career, Senator MIKULSKI has fought that time, I have come to know her as to honor Senator MIKULSKI, who in ad- off misguided efforts to privatize essen- a fighter and a trailblazer. dition to her many firsts, now stands tial functions of the Federal workforce, Senator MIKULSKI is, above all, a as the longest serving woman in the and fought for fair pay and benefits for hard worker. Growing up in east Balti- history of the Congress. these committed public servants. more, she learned the value of hard Senator MIKULSKI began her service Fair pay has been a focus for Senator work at her family’s grocery store. Her in Congress in 1976, and in all her time MIKULSKI, and women across the coun- commitment to making a difference in here since, she has championed the try can be grateful for that. In 2007, the her neighborhood led her to the path of causes dearest to her—causes dear to Supreme Court considered the case of service, first as social worker, then as the needs of her constituents and to Lilly Ledbetter, a woman who for near- a city councilor and as a Member of our Nation’s most vulnerable citizens. ly 20 years had been paid less than her Congress. As chairwoman of the Children and male coworkers for equal work. In its Senator MIKULSKI’s longevity is only Families Subcommittee, Senator MI- decision, the Court ruled that Ms. the preface to her story of exceptional accomplishment. She has fought for in- KULSKI has been a determined cham- Ledbetter could not proceed with her pion of the young, the old, and the case, not because it had no merit, it creased access to higher education for sick. She has fought for access to high- did; but because of a technicality. Once our young people and for improved er education for every child because the Supreme Court rules against you, health care for our seniors. I am proud she believes ours is a nation where where can you turn? Just ask Ms. to have fought at her side on those every young boy and girl should have Ledbetter; she will tell you. Senator issues, as well as for increased Alz- heimer’s research, improved women’s the chance to reach his or her true po- BARBARA MIKULSKI introduced the health care, and enhanced educational tential. She has fought for secure pen- Lilly Ledbetter Fair Pay Act to ad- opportunities for nurses. sions for seniors because she believes dress the flawed Supreme Court decision; and on January 29, 2009, it was As House colleagues during and after ours is a nation where, after a lifetime World War II, Margaret Chase Smith of work, every person should have the signed into law. In the Book of Genesis, the first and Edith Nourse Rogers were instru- chance to enjoy their retirement. And question asked of God is ‘‘Am I my mental in achieving full recognition she has fought for preventive screening brother’s keeper?’’ Senator BARBARA for women in uniform. Senator MIKUL- and treatment for every woman be- MIKULSKI has spent a lifetime and built SKI carries on that legacy as a deter- cause she believes ours is a nation a career in answer of that question. mined advocate for all who serve our where no one should lose a mother, She said: country. Working with her on the Ap- daughter, or wife from a preventable I feel that I am my brother’s keeper and propriations Committee, I have wit- illness. my sister’s keeper. I think that’s why I am nessed firsthand how seriously she As chairwoman of the Commerce- shaped by the words of Jesus himself: Love takes her responsibility to the Amer- Justice-Science Appropriations Sub- they neighbor. And I took it seriously. ican taxpayers. committee, Senator MIKULSKI has led The Senate is better off because she Throughout her life in public service, the charge to promote economic devel- did. The people of Maryland are better Senator MIKULSKI has lived by one opment, equip our first responders, and off. Our Nation is better off. I am guiding principle: to help our people invest in science and research. Senator grateful not just because she has be- meet the needs of today as she helps MIKULSKI understands the importance come the longest serving woman in the our Nation prepare for the challenges of the private sector, particularly history of Congress, but because she of tomorrow. It is an honor to con- small businesses, in creating job oppor- has served her Nation so well. gratulate Senator BARBARA MIKULSKI tunities. That is why she has fought for Ms. COLLINS. Mr. President, today I for her many years of service, and to legislation making it easier for busi- wish to offer my heartfelt congratula- wish her many more. nesses to make investments and hire tions to my esteemed colleague and Mr. COCHRAN. Mr. President, it is new workers. No one has fought harder dear friend, Senator BARBARA MIKUL- heartwarming to see such a sponta- to support our emergency first re- SKI, on becoming the longest serving neous outpouring of respect and appre- sponders than BARBARA MIKULSKI, who woman in the history of the United ciation for the distinguished Senator said: States Congress. This milestone, from Maryland, Ms. MIKULSKI. It is cer- We must protect our protectors with more reached on March 17, marks 12,858 tainly well deserved. than just words—we must protect them with days—more than 35 years—of dedicated She is one of the hardest working and the best equipment, training and resources. service to her beloved State of Mary- most effective Senators serving in the Senator MIKULSKI is also committed land and to our Nation. Senate today. It has been a great pleas- to the promotion of scientific research A little more than a year ago, in Jan- ure working closely with her on the and laying the groundwork for main- uary of 2011, Senator MIKULSKI began Appropriations Committee.

VerDate Mar 15 2010 03:43 Mar 22, 2012 Jkt 019060 PO 00000 Frm 00032 Fmt 4624 Sfmt 0634 E:\CR\FM\G21MR6.090 S21MRPT1 pwalker on DSK7TPTVN1PROD with SENATE March 21, 2012 CONGRESSIONAL RECORD — SENATE S1905 Mr. HATCH. Mr. President, today I more and more as they have seen how ting a new record every day. Thank wish to pay tribute to our dear friend hard she works to represent them you for your service, but most of all, and colleague, the senior Senator from every day. That is why they always thank you for your friendship. Diana Maryland, BARBARA MIKULSKI. This come out in such great numbers every and I have appreciated having the week, Senator MIKULSKI became the election day to make sure she will con- chance to come to know you and to longest-serving woman in the history tinue to do so. They can see the dif- work with you. of the United States Congress. That is ference she has made all around them Mr. BINGAMAN. Mr. President, I rise quite a milestone and I want to con- and they appreciate the way she has today in tribute to Senator BARBARA gratulate her on her many years of de- made their cities and towns better MIKULSKI of Maryland, who has just be- voted service to the people of her home places to live. come the longest serving woman in State. I have often heard Senator MIKULSKI Congress, and to applaud the pio- Senator MIKULSKI is a Maryland na- referred to as the Dean of the Senate neering role that she has played in the tive. Descended from Polish immi- women, a title she has earned that was evolution of the Senate. grants, she was born and raised in Bal- conferred upon her with the great ad- Things have certainly changed since timore. She attended college at both miration, affection and appreciation of 1986, when Senator MIKULSKI was elect- St. Agnes College in Baltimore and the those with whom she has served. Over ed to the Senate. When Senator MIKUL- University of Maryland. the years so many of them have ac- SKI joined the Senate as the first After several years of working as a knowledged the difference she has Democratic woman elected in her right social worker in the Baltimore area, made in their lives with her support, as opposed to filling the term of a Senator MIKULSKI began her political her encouragement, her guidance and spouse, the Senate looked very dif- career in 1971 when she was elected to her direction. She has been such a ferent. There was only one other the Baltimore City Council. She served great mentor to them because she has woman senator, Nancy Kassebaum, a there for 5 years before running for always led the best way—by example. Congress in 1976. For 10 years, she rep- Republican from Kansas. The Senate It is another mark of distinction that had just begun to televise their pro- resented the Third Congressional Dis- has come to her as, each day, she has trict of Maryland. Then, in 1986, she ceedings the year she was elected. And, helped to write another chapter of the obviously, there were no women in was elected to serve here in the Senate. history of Maryland and this great Na- Although the milestone we are recog- leadership positions in the Senate. tion of ours. Senator MIKULSKI set out to change nizing today is a significant one, it is Looking back, she has played an ac- not the first for Senator MIKULSKI. In- all that. She became the first woman tive role in a long list of changes that in the Democratic leadership. She be- deed, throughout her time in the Sen- have come to our country over the ate she has been a pioneer for women came the first woman to serve on the years. Because she has been at the fore- Appropriations Committee. And then in public service. front of so many of them she has been For example, Senator MIKULSKI was she became the first woman to chair a role model not only for those with the first woman elected to statewide the Senate CJS Appropriations sub- whom she has served, but for those who office in Maryland. She was also the committee. have been watching her in action back first Democratic woman elected to a And things certainly have changed. home. I have no doubt, in the years to Senate seat that was not previously Now, in the 112th Congress, there are 17 come, many more women will serve in held by her husband. And, she was the women, both Republican and Demo- the House and the Senate who will first woman to serve in both the Sen- crat, in the Senate overall. There are credit Senator MIKULSKI for first giv- ate and the House of Representatives. seven women on the Appropriations ing them the idea of serving in the I have known Senator MIKULSKI a Committee alone. Five women chair Congress. Her own record of success long time, having served with her in Senate committees. Women have had then assured them that it would be the Senate for over 25 years now. While significant roles in both the Demo- possible for them to do the same if she and I have often found ourselves on cratic and Republican Senate leader- they were willing to work hard and opposite sides of many issues, I have ship. take their case to the people for their long admired her commitment to her While all of these changes were clear- principles and, most importantly, her consideration. In the end, that is what our service in ly not solely a function of Senator MI- devotion to the people of her home KULSKI’s pioneering leadership, she State. Indeed, she has been a stalwart the Senate is all about—doing everything we can so that the current gen- blazed a trail as bright and as wide as and often times fierce advocate for the anyone could possibly hope for. With interests of Marylanders. eration will have the tools they will need to succeed and then take their her impassioned speeches, her plain I want to congratulate Senator MI- spoken delivery, and her commitment KULSKI on this important milestone place as the next generation of our na- to fairness and justice, Senator MIKUL- and I am grateful for this opportunity tion’s leaders. Thanks to good people SKI could not be ignored or pigeon- like BARBARA MIKULSKI the people to pay tribute to her and to her many holed. She stood up for what she be- years of public service. back home know that someone cares. lieved in, and she would not allow her Mr. ENZI. Mr. President, I greatly She has given them a voice and it is voice to be silenced. appreciate having this opportunity to heard and heard clearly whenever she join my colleagues in expressing our takes to the Senate floor to make their Senator MIKULSKI cared deeply about congratulations to BARBARA MIKULSKI concerns known. health care issues, and women’s health as she reaches another great milestone I have often heard it said that the in particular. When she learned that in her career of service to the people of meaning of public service is found in many Federally-funded research proto- Maryland in the United States Con- the definition of the word ‘‘service.’’ cols did not include women, she led the gress. That is why we are taking a moment fight to insure that would never hap- Senator MIKULSKI is now the longest today to thank Senator MIKULSKI for pen again. She established the Office of serving woman in the history of the putting her principles and her beliefs Women’s Health at NIH to ensure United States Congress. Although out- into action all these many years for women would always have a voice in standing in and of itself, it is an her beloved Maryland and the United critical health issues. achievement that represents far more States of America. If I may paraphrase One of her proudest accomplishments than the number of years she has the words of Abraham Lincoln, it isn’t was working to pass the spousal impov- served in the nation’s Capitol. It is also so much her years of service that mat- erishment law, which changed the rules a testament to her outstanding public ters so much as the service of her that forced elderly couples to spend all service and her commitment to our fu- years. Through the years she has made their assets and give up their home be- ture that has made it possible for her a difference in so many ways that will fore the Government would help one to help to make our great Nation both be long remembered and celebrated. member of the couple pay for a nursing stronger and more secure. Congratulations, BARBARA. You are home. Back home, Senator MIKULSKI’s con- setting a record pace here in the Sen- Finally, I would be remiss if I didn’t stituents have come to appreciate her ate. From this day on, you will be set- mention Senator MIKULSKI’s efforts on

VerDate Mar 15 2010 03:43 Mar 22, 2012 Jkt 019060 PO 00000 Frm 00033 Fmt 4624 Sfmt 0634 E:\CR\FM\G21MR6.070 S21MRPT1 pwalker on DSK7TPTVN1PROD with SENATE S1906 CONGRESSIONAL RECORD — SENATE March 21, 2012 behalf of her beloved State of Mary- rights and improved access to health books, I can only continue with the land. From the crabbers of the Chesa- care, to better education, and to volun- same spirit of devotion to duty and peake Bay to the steelworkers at Spar- teering and national service opportuni- that fierce independence and patriot- rows Point to the scientists at Goddard ties. She offers tremendous leadership ism. to all the other families all across the for the Senate both as the chairwoman I didn’t start out wanting to be a his- State, no one has worked harder to of the Health, Education, Labor, and toric figure. To, ‘‘What do you want to give them a voice on Capitol Hill than Pensions Subcommittee on Primary be when you grow up?’’ you don’t say, BARBARA MIKULSKI. On this historic Health and Aging, and as the chair- ‘‘I want to be a historic figure.’’ When day, I wish her the best, and I know woman of the Appropriations Sub- I was growing up, it was about service. that as long as she is a United States committee on Commerce, Justice, For me, it is not how long I serve, it is Senator, she will never stop fighting Science, and Related Agencies. not about history. For me, history for what she believes is right. Like Jeannette Rankin, Senator MI- books were Jane Adams and Abigail Mr. BAUCUS. Mr. President, we KULSKI has been a leader and an exem- Adams and powdered wigs. I just wel- mark March as Women’s History plar for strong and courageous women come a day when I have time to even Month, as a time of year for us to re- leaders in America. powder my nose, let alone powder my member the valiant female leaders of Senator MIKULSKI gets things done, wig. But the fact is, when I grew up, I our great Nation. One of them is very and I have enjoyed our friendship dur- wanted to be of service. I learned that special to Montana. In 1916 Jeannette ing our work together in the Senate. in my home, in my family, in my com- Rankin was the first woman elected to Her brave spirit is one that sets the bar munity, and with the wonderful nuns the United States Congress, 4 years be- for new and incoming Senators, both who taught me. fore women were granted the right to male and female. I congratulate Sen- Today my colleagues have spoken vote. ator MIKULSKI on her special day and I about my wonderful mother and father. As a member of the House of Rep- look forward to continuing our work in I had a terrific mother and father. I am resentatives, her daring and vocal the Senate together. so happy my two sisters and my fan- stance on controversial issues such as Mr. President, I yield the floor. tastic brothers-in-law are joining me war and peace brought critical recogni- The PRESIDING OFFICER. The Sen- today. I only wish my mother and fa- tion from the press. In every situation, ator from Maryland. ther could be here with me because the strength of her values persisted, Ms. MIKULSKI. Mr. President, first they worked so hard to see that my sis- even under the pressures of unanimous of all, let me say I am enormously ters and I had an education at signifi- opposition to a war with Germany. touched and gratified by the warm cant sacrifice to them. But they were Jeannette Rankin said, ‘‘I may be the words my colleagues have spoken on really wonderful people where others first woman Member of Congress, but I both sides of the aisle. I am particu- saw them in a life of business. Every won’t be the last,’’ and helped to pave larly moved by the fact of the men of day my father would open his grocery the way for future generations of Maryland who are here today. I am store and say, ‘‘Good morning, can I women leaders. moved by the wonderful words of Sen- help you?’’ When he did, he wanted to This past Saturday, March 17, 2012, ator CARDIN, my colleague. I am moved assure that his customers got a fair marked a monumental day in Amer- as well that Governor O’Malley is here deal. ican history. The Senator from Mary- today. My father opened his grocery store land, Ms. BARBARA MIKULSKI, cele- When I came to the Senate, Senator during the New Deal because he be- brated her 35 year in the United States Paul Sarbanes was my senior col- lieved in Roosevelt and because, as my Congress. league, and he is here today as well. father said, ‘‘Barb, I know Roosevelt That important accomplishment is a Governor O’Malley and Senator Sar- believed in me.’’ milestone for American culture and fe- banes are on the bench, but these men I also had the benefit of the wonder- male leaders in Congress. Senator MI- are certainly not back-benchers. I must ful Catholic nuns who educated me. I KULSKI is now the longest serving fe- say about the Governor and Senator had the benefit of going to a school male in the Senate and in the history Sarbanes and Senator CARDIN, they called the Institute of Notre Dame and of the U.S. Congress. She spent her prove the old adage that men of quality then Mount St. Agnes College, the Sis- first 10 years in the House of Rep- will always support good women who ters of Notre Dame and the Sisters of resentatives, followed by the next 25 seek equality. I have enjoyed their sup- Mercy. These women, who con- years here in the Senate. She has port, their wise counsel, and their col- centrated their lives on the message of worked every day to make America a legial efforts on behalf of the people of Christianity and the message of Jesus better place for the next generation. Maryland during my years in Maryland Christ, wanted to make sure that When Senator MIKULSKI began her politics. women in America could learn and be a work in the House of Representatives, It is a great honor to be here today part of our society. They didn’t only there were 18 female Members of the passing this significant benchmark of teach us our three Rs, they taught us House and three female Members of the becoming the longest serving woman in about leadership and service. But they Senate. When she began her first term the history of the Congress, both in the also taught us about other values—the in the Senate, there were 23 female House where I served for 10 years, and values of love your neighbor, care for Members of the House and only one in the Senate. It is a great honor for the sick, worry about the poor, and be other female Member of the Senate. me to be able to pass into the history hungry and thirsty for justice. Now, she is a leader among our 17 fe- books along with such an esteemed per- When I was at the Institute of Notre male Senators and 76 female Members son as Senator Margaret Chase Smith. Dame, a school that NANCY PELOSI of the House of Representatives. We spoke about that in January 2011 went to as well, there was something Her strong sense of community and when I was sworn in. There were trib- called the Christopher movement after instinctive nature pertaining to the utes that day and wonderful words St. Christopher. The motto was, ‘‘It is needs of Americans is exemplified by from our two women Senators from better to light one little candle than to her action-oriented attitude. Even be- Maine. Today—actually over the week- curse the darkness.’’ That is what I fore her tenure in Congress, as a social end—I surpassed the record of Edith wanted to do. I wanted to be a social worker for the people of Maryland, Ms. Norse Rogers who was the longest serv- worker. I even thought about being a MIKULSKI was active in local issues in ing woman in the House. Both of those doctor. One time I even thought about and around the Baltimore area and women came from New England. They being a Catholic nun, but that vow of worked to help at-risk children and were both hardy, resilient, and fiercely obedience kind of slowed me down a seniors. She continues working pas- independent. I, as I have read their his- little bit. sionately to address those issues tories, so admired them. They were In this country wonderful things hap- throughout her tenure in Congress. known for devotion to constituent pen. When my great-grandmother came Her advocacy for justice and con- service, an unabashed sense of patriot- to this country, she had little money in tributions to social issues are evident ism, and kind of telling it like it is. I her pocket but a big dream in her with her work to fight for women’s hope that as I join them in the history heart: that she could be part of the

VerDate Mar 15 2010 03:43 Mar 22, 2012 Jkt 019060 PO 00000 Frm 00034 Fmt 4624 Sfmt 0634 E:\CR\FM\A21MR6.027 S21MRPT1 pwalker on DSK7TPTVN1PROD with SENATE March 21, 2012 CONGRESSIONAL RECORD — SENATE S1907 American dream, that she could own a have to spend down their life’s savings ate colleagues and people from Mary- home in her own name, in her own and lose their home. AARP tells me my land and across this country in recog- right; that she could have a job and so legislation of so many years ago, that nizing and congratulating the amazing could the people in her own family; and stands today, has kept 1 million peo- woman you just heard from, my good that based on merit and hard work you ple—1 million people—from losing their friend from Maryland Senator BARBARA could be something. Well, in three gen- home or their family farm. MIKULSKI, who, as you have just heard, erations, I have become a Senator. Those were the battles then. Those has just become the longest serving fe- Only in America the story of my fam- were the battles when I changed my ad- male Member of Congress in the his- ily could have occurred—modest begin- dress and I came to the Senate. Al- tory of the United States. nings, hard work, effort, neighbor help- though I changed my address, the bat- This is an achievement that takes ing neighbor. tles are still the same: jobs, social jus- courage, it takes passion, and it takes Much has been said about my fight tice, opportunity, based on hard work, commitment. Those are three at- for the highway. I was thinking about peace in the world, and I continue to tributes all of us who know her so well getting a doctorate, a doctorate in pub- fight for this. know she has in abundance. But my But for me, it is not only about lic health at Johns Hopkins. But they good friend, Senator MIKULSKI, has not were going to run that highway issues. Issues are so abstract. Issues just served long, she has served well. can be so bloodless when we talk about through the neighborhoods, the older The senior Senator from Maryland, it. For me, issues are about people—the ethnic neighborhoods, the African- over her 35 years in Congress, has es- people I represent in my own home- American neighborhoods. We were tablished herself as a trailblazer, as a town, the people I represent in my viewed in some of those neighborhoods leader, and as a fighter for the people State, and the people who live in the as the other side of the tracks. I want- of her State. It is fitting that this United States of America. ed to fight to keep those neighborhoods milestone was reached during Women’s on track. So I took on city hall, and I My favorite thing is being out there talking to the people, going into din- History Month because Senator MIKUL- did fight them. SKI has given so much of herself in sup- In this country, what happened? In ers, going table to table, listening to their stories, holding roundtables with port of other women in Congress. She another country, they would have has guided us, she has shown us how to taken a protester like me and put me parents whose children have special needs, meeting with scientists who stand and fight, and she has taken all in jail. Instead, in the United States of of us under her wing. America, they sent me to the city have discoveries they think will lead to new ideas and new products that will Senator MIKULSKI realized when she council. I worked hard there, and 5 arrived here that there was no rule years later, when Senator Paul Sar- bring new jobs, meeting with universities that train our workforce. For book for women in Congress. So she banes, who was a Congressman, ran for took it upon herself to guide the way. the Senate, I ran for his House seat, me, it is about the people. So as I pass this important bench- She drew on her own experiences to and I got the job. mark, which I am so honored to do, I make the transition easier for all of us. When I arrived in the House in 1976, want people to know I am still that She organized seminars that you only 19 women were serving: 14 Demo- young girl who watched her father have heard about. She taught us how to crats and 5 Republicans; only 5 women open that grocery store every day and work together. She taught us about the of color. In 2012, there are 74 women in say: ‘‘Good morning. Can I help you?’’ legislative process, the rules on the the House: 50 Democrats, 24 Repub- I am still that young girl who went to floor, and the many more subtle rules licans; 26 women of color. In the Sen- the Institute of Notre Dame and Mount off the floor. ate, there are now 17 women serving: 12 St. Agnes College who said: I am going Democrats, 5 Republicans. Today, we In short, Senator MIKULSKI showed us to light one little candle. I do not want the ropes, and she has done it every saw visiting us Senator Carol Moseley- to curse the darkness. I want to con- Braun, a woman of color who served day I have been here for all the women tinue to fight for a stronger economy, who have come since she has been here. well while she was here. a safer America, the people of Mary- Those are the numbers and those are While she knows it is important and land. the statistics. And though I join this courageous to lead the charge, she also In conclusion, I want to say thanks. understands the first ones have to be long number of firsts, for me it is not I am going to thank the Dear Lord for how long I have served but how well I responsible and successful so others giving me the chance to be born in the can follow. It is because Senator MI- have served. When I came to Congress, greatest country in the world, to be I became a Member for the fabulous KULSKI has done her job so well that able to work hard and serve in one of other women have been able to follow Third Congressional District of Mary- the greatest institutions in the United land. My job was to represent a blue- in her footsteps. States of America. But nobody gets to She is here today as the longest serv- collar community that was in eco- be a ‘‘me’’ without a whole lot of nomic transition. What did we do? We ing woman in Congress, not by acci- ‘‘thee.’’ dent or by happenstance. She is here were a community that built things I thank my family. I thank the reli- because she has earned it, because the here so we could ship them over there. gious women who educated me. I thank people of her State know she is an in- We built cars. We built ships. We made all of my staff who have worked so dispensable champion of their causes, steel. We knew if a country did not hard to help me do a good job. And I because she does work across party make something and build something, thank the countless volunteers who be- lines, and because she delivers results. it could not make something of itself. lieved in me and worked for my elec- I fought for those blue-collar people. tion when nobody else did. Most of all, I know many years from now when I fought to keep those jobs in manufac- I thank the people of the Third Con- women have achieved a larger, more turing. We fought for the Port of Balti- gressional District and the State of representative role in our Nation’s Capital, Senator MIKULSKI will be at more, its dredging, so we could bring in Maryland for saying: BARB, we are the big ships so we could have exports. going to give you your shot. Don’t ever the very top of the list of people to We worked again for those people in forget this. Don’t ever forget us. I want thank—the person who not only forged those manufacturing areas while we them to know, though I have now the path but who went back and guided saw jobs go overseas. Then we worked served in the Senate 12,892 days, I will so many of us down it. very hard for cities to make sure our never forget them. Every morning I am I know many of my colleagues are on cities were safe, that we had great saying in my heart: Good morning. Can the floor today to thank Senator MI- schools, and that they had a chance of I help you? KULSKI. But I am here especially to making it. Mr. President, I yield the floor. thank her, as one of those women who I fought hard for health care. One of (Applause, Senators rising.) have followed in her footsteps, for her my greatest pieces of legislation was The PRESIDING OFFICER. The Sen- more than 35 years of service to her the Spousal Anti-Impoverishment Act, ator from Washington. State and to her country. Those of us so that if one spouse went into a nurs- Mrs. MURRAY. Mr. President, I am who know her well know she is not ing home, the other spouse would not so honored to join so many of my Sen- even close to being finished.

VerDate Mar 15 2010 03:43 Mar 22, 2012 Jkt 019060 PO 00000 Frm 00035 Fmt 4624 Sfmt 0634 E:\CR\FM\G21MR6.057 S21MRPT1 pwalker on DSK7TPTVN1PROD with SENATE S1908 CONGRESSIONAL RECORD — SENATE March 21, 2012 So, Mr. President, my very best to they were kindred souls in a lot of timore, but my guess is she is exactly my very good friend, Senator MIKUL- ways. And the guidance of Willy and the same today. All the power and the SKI. I wish her very well in her next 35 BARB’s mom—you can see it every day accomplishments and the emoluments years. in the way she acts. and the praise, all deserved, have not I yield the floor. I just want to say another thing changed her a whit. That to me says an The PRESIDING OFFICER. The Sen- about BARB. She got into public service amazing thing about an individual. ator from New York. as a community activist. There was a BARB, I know my colleagues are wait- Mr. SCHUMER. Mr. President I too highway that was going to tear up an ing, but we love you. We cherish you. want to speak of my dear friend BAR- important and historic part of her com- And as PATTY MURRAY said, I will put BARA MIKULSKI, who is just precious. munity, and she got involved. Being it my own way, I am sure that BAR- She is precious to her family. She is schooled by her and many of my col- BARA MIKULSKI, knowing her as well as precious to the people of the Third leagues, many women believed, oh, I do, the best is yet to come. Congressional District that she rep- they would be excluded from politics if I yield the floor. resented for 10 years. She is precious to they went into politics directly. But The PRESIDING OFFICER. The Sen- the people of Maryland, precious to the when you are a community activist ator from Rhode Island. people of the United States, and pre- and you take a lead because something Mr. WHITEHOUSE. Madam Presi- cious to those of us who have the privi- is bothering you about your home or dent, I wish to join my colleagues in a lege of serving with her in this body. your neighborhood, politics just fol- tribute to Senator MIKULSKI. She has been affectionately known as lowed sort of naturally. It is a little bit I am delighted to join my colleagues a few things: The dean of women; the like PATTY MURRAY’s story as well. in joining in this tribute to perhaps our breaker of the ceiling, as PATTY MUR- These days, because of what BARB favorite colleague, BARBARA MIKULSKI, RAY just said; setting the stage, setting has done, I think my daughters can as- on her becoming the longest serving the rule book—writing the rule book— pire—I do not know if they do, but they woman in congressional history. Her for women in the Senate. can aspire to go into political life di- work in these Halls has made our coun- There will be 51 women in the Senate rectly. In those days, it was much try stronger. In a place where partisan 1 day—there will be—and it will come harder. But there she was. She led this rancor too often rules the day, she has much more quickly because BARBARA fight. She went on to the city council, established a legacy of service to her MIKULSKI was the first. There is no of course the Third Congressional Dis- constituents and to all of us in this question about that. The Senate will be trict in Maryland, and now to this au- body that stands as an example to a better place for it in so many dif- gust Chamber. She has done so much. every one of us. ferent ways. It has been cataloged by all my col- Her political career began in the late She is also not only known as the leagues. 1960s when she launched a campaign to dean of women, we love her. She is Medical research: There are probably stop the construction of a highway known as BARB. I love calling her on millions of people alive today because over a historic neighborhood she want- the phone late at night and having her of the 35 years she has pushed to make ed to protect in Baltimore. She won say: This is BARB. Please call me. Make that happen. They do not know who that battle and went on to run for the sure you say the words and leave your they are, but they are there; and they Baltimore City Council in 1971. More phone number twice. are living happy and healthy because of than 40 years later and following a suc- Of course, when BARB says some- BARB MIKULSKI. cessful stint in the House of Represent- thing, we all do it. So I always leave How about veterans and health care atives, BARBARA MIKULSKI continues to the phone number twice. needs? Again, literally tens of thou- blaze an impressive trail. I admire so much about her. But one sands, maybe hundreds of thousands, of During her 27 years in the Senate, of the things at the top of the list is our veterans are living much better she became the first woman to sit on who she is. She is the real deal. She lives because they were able to get the the Senate Appropriations Committee, knows where she came from. She has health care that BARB MIKULSKI spear- the first woman to chair an appropria- never forgotten where she came from. headed, particularly in the earlier days tions subcommittee, and the first As I have told her personally, she has when this was not a popular cause. Democratic woman elected to Senate that internal gyroscope of who she is, The list goes on and on and on. She leadership. Last year, we celebrated what she should do, and how she should has done so much. In our Chamber she BARBARA as she became the longest do it that guides her almost instinc- is beloved. Beloved. People are some- serving female Senator. Now she has tively, and it is probably the most pre- times afraid of her when she gets mad. crossed yet another milestone, passing cious thing a politician can have. Not People want her approval. But most of Congresswoman Edith Nourse Rogers very many people have it, but hers is all, I think what most of us seek is her of Massachusetts, having served in the about the best I have ever witnessed. advice, because after so many years in Congress longer than any woman in It started from her upbringing and politics, she has that gift to under- history. her faith, which she mentioned. We stand what the average person needs Of course, we do not just celebrate have talked about Willy. She has men- and to talk directly to them. She does the quantity of BARBARA’s service but tioned Willy. But you never forget how not talk through her colleagues or does its quality. No one is better at drilling she reminds us because it is with her, not talk through the media or does not down to the heart of an issue and ex- and you can see it in her actions every talk through some community leader pressing it in punchy, unforgettable day—how when people would come into or other politician. She still is talking terms. No one cheers us up more than the store that Willy had, the grocery to that family sitting in east Balti- BARBARA when she tells us to: Stand store in east Baltimore, when they had more or in Hagerstown or in Annapolis. tall, square our shoulders, put on our lost their job or someone was very sick She almost has them in front of her lipstick, and rise to the occasion. We and Willy would say: Take the gro- eyes wherever she goes. That is why do not all put on lipstick, but we all ceries and pay me later. her speeches are so effective. She does get the message. It reminded me of my grandfather not try to polish them. That is not her. No one better combines the idealism Jake—we have talked about this—who She speaks from the heart directly to of politics with the proactive abilities was an exterminator, not quite the the people, and she cares so much of government. She told me once with same as Willy and not providing the about them that it comes through. It is a twinkle in her eye, ‘‘I am a reformer, same services, but he would tell people: an amazing trait. but I am a bit of a wardheeler too.’’ If you have roaches and rats in your I most admire people in political life Practicality and passion combined is house and you can’t pay, I will still ex- who never forget where they came what makes politics successful, and no terminate. Pay me when you have the from. She is one of the most powerful one does it better than BARBARA. money. So I understood that instinc- people, not just women, one of the When she was first elected to the tively. most powerful persons in America. I House in 1977, she was 1 of 21 women in I would have loved Willy to have met did not know BARB MIKULSKI when she Congress; 18 in the House and only 3 in my grandfather Jake because I am sure was a community activist in East Bal- the Senate. Today there are 93 women

VerDate Mar 15 2010 05:19 Mar 22, 2012 Jkt 019060 PO 00000 Frm 00036 Fmt 4624 Sfmt 0634 E:\CR\FM\G21MR6.058 S21MRPT1 pwalker on DSK7TPTVN1PROD with SENATE March 21, 2012 CONGRESSIONAL RECORD — SENATE S1909 serving including 17 Senators. BARBARA purpose, you will get exalted patriot- early years as a social worker, helping has earned the distinction of dean of ism, and you will get unstinted useful- folks in need understand the programs the Senate women. But she never, ness.’’ available to them and then fighting for never forgot her roots as a champion That was Rebecca Felton in 1922. the programs that should have been for those who need a voice in this Today, in March of 2012, we honor a available to them. building. Senator who has lived up to every one It is no surprise to any of us that the In her years in the Senate, BARBARA of those promises Ms. Felton made al- district she first represented in the MIKULSKI’s dedication to her constitu- most 100 years ago. I have had the House of Representatives, the Third, ents and women’s rights has been clear, privilege to serve on the HELP Com- was known as the ‘‘steel district’’ from becoming a champion of women’s mittee with the Senator, worked very where lots of men and women worked health issues to organizing training closely on the Alzheimer’s legislation in the Bethlehem Steel plant. It is no seminars for women of both parties which she has been such a leader on, surprise that she has earned a reputa- elected to the Senate, to sponsoring worked with her on many other tion here in the Senate as a woman of and pushing through with a force that projects, including one I am happy to steel, who fights for manufacturers, we all remember the Lilly Ledbetter remind her about, and that was the who fights for Federal workers, who Fair Pay Act of 2009. confirmation of Wendy Sherman a few fights for Western Maryland, who During my much shorter tenure as a months ago when together on the floor fights for poultry on the peninsula of Senator, I have had the great privilege of the Senate, we worked together to the Eastern Shore of Maryland, who and pleasure to work with BARBARA to see that she was appointed and named fights for her constituents day in and pass landmark health care reform leg- and confirmed Under Secretary of day out. islation out of the HELP Committee. I State for the United States of America, It is indeed just that in this Woman’s have also served with her on the Intel- serving under Hillary Clinton. History Month we would be recognizing ligence Committee, and worked closely On that night when we worked on Senator BARBARA MIKULSKI, who has with her on the Senate Intelligence getting that UC done, and it was not stood up for Maryland each and every Committee’s cyber task force to evalu- easy, I saw the tenacity, I saw the day. And though like me she comes up ate cyber threats and issue rec- grace, I saw the patriotism, and I saw a little short every time she stands, ommendations to the full committee. I the integrity of BARBARA MIKULSKI. It she stands incredibly tall in the com- have taken from those experiences is an honor for me to rise today and pany of Senators throughout American great affection and respect for Senator commend her on a great individual history. She is someone who is pas- BARBARA MIKULSKI. These are issues achievement, not just for herself but sionate for people, who has determina- that are complex, complicated, dif- for all of the women who have gone be- tion to continue in the tradition of her ficult, and abstruse, and she brought to fore her and all the women who will father, that fair deal grocer, who asked them the verve and the vigor and the come later on, and to my five grand- every day that simple question: How vision to move on them. And those daughters and my daughter. can I help, and then gets busy answer- really are her hallmarks: verve, vigor, She has led the life in the Senate ex- ing it. and vision. emplary of the contributions that all She is a role model for me, for all of I know all of us here in this Chamber women can make to our society. I com- us, for my daughter, for my family, for are proud to call Senator BARB our col- mend her on her service, her compas- our community. She is the only Sen- league and friend as she makes history sion, her integrity, and all that she has ator I have heard say to me, fiercely, yet again. Her hard work and collegial done for the State of Maryland, the before going on a vote on the floor: To spirit have enriched this Senate. I wish United States of America, and peace on the barricades. And she is the only per- her all of the best in the accomplish- this Earth. son who could say that and mean it. ments ahead. On behalf of all Rhode Is- BARBARA, congratulations to you on For a lifetime, she has been at the bar- landers, Senator MIKULSKI, I congratu- a great achievement. It is an honor for ricades of justice. She has been at the late you for this milestone in your his- me to be here. barricades of service. She has been at tory, the Senate’s history, and our Na- The PRESIDING OFFICER (Ms. KLO- the barricades of making a difference. tion’s history. BUCHAR). The Senator from Delaware is And for that, we are all grateful. I yield the floor. recognized. I yield the floor. The PRESIDING OFFICER. The Sen- Mr. COONS. Madam President, I am The PRESIDING OFFICER. The Sen- ator from Georgia is recognized. honored to follow my good friend and ator from Alaska is recognized. Mr. ISAKSON. Madam President, I colleague from the State of Georgia in Ms. MURKOWSKI. Madam President, consider it an honor and a privilege to recognizing the remarkable contribu- I too stand today to pay recognition to rise for a moment to pay tribute to tions of Senator MIKULSKI, now the a friend, a colleague, and truly a Senator MIKULSKI from the State of longest serving woman in the history woman who brings a smile to my face. Maryland, And in so doing, I think it is of the Congress. Because for as many years as she has only appropriate that I quote from a Today we have been joined by many served her State of Maryland, for as speech made on November 22 in 1922 by great Marylanders. We have had Gov- many years as she has served in the the first woman ever to serve in the ernor O’Malley and Senator CARDIN, Halls of Congress, she has the enthu- Senate. and former Senator Sarbanes, and Sen- siasm, the spontaneity, the excitement Rebecca Latimer Felton was the first ator MIKULSKI’s own family, her sisters when she approaches an issue as a woman Senator. She was appointed for and brother-in-law in attendance. I am brand new rookie freshman coming 1 day. Governor Brown had run against also pleased that we have got two of into this body. Walter George for the Senate. Walter her favorite constituents, my father That is quite remarkable because George won. And because of Ms. and my brother, who are with us today around here we can get kind of dragged Felton’s unending help to him in his as well. They live in Annapolis and down by the day-to-day politics, the race, he asked the Governor if he would they have known what I have known partisan nature, and the conflicts that appoint her for a day to his seat before since childhood when I lived in the sub- are inherent in this process. he took it and was sworn in. urbs of Baltimore, that Senator MIKUL- BARBARA MIKULSKI is one who em- She came to Washington, DC, to SKI is a remarkable, a tireless, a pas- braces life and the responsibilities that serve for 1 day and she made one sionate, and an effective Senator. are put before her. She has an oppor- speech. In that speech she had a para- Reference has been made to her start tunity to represent her constituents, graph that to me exemplifies BARBARA as a community organizer, someone and she embraces it with an enthu- MIKULSKI. She said, ‘‘Let me say, Mr. who saved Fells Point from a 16-lane siasm that should be a reminder to us President, that when the women of the superhighway, someone who was not all of why we are here to serve. country come and sit with you, though afraid to get into the gritty issues of a I have so many different stories and there may be but very few in the next local community and standing up for quips and quotes about Senator MIKUL- few years, I pledge you that you will folks who did not have anyone to fight SKI, whose name sounds somewhat get ability, you will get integrity of for them. We have also heard about her similar to mine—MURKOWSKI. Every

VerDate Mar 15 2010 05:20 Mar 22, 2012 Jkt 019060 PO 00000 Frm 00037 Fmt 4624 Sfmt 0634 E:\CR\FM\G21MR6.059 S21MRPT1 pwalker on DSK7TPTVN1PROD with SENATE S1910 CONGRESSIONAL RECORD — SENATE March 21, 2012 now and again, we have an opportunity In many different ways, that makes carries those memories with her to this to share the same stage, the same po- this milestone we are recognizing even day. To this day, she has never forgot- dium, and the individual who is intro- more important because I think there ten the people of Maryland who need ducing us will trip on his or her tongue is a kind of a piling on of events that her the most and have had the wisdom and refer to us wrongly. There was one can happen in the Halls of Congress, to elect her time and time again. occasion where we were being recog- where the weight of what we do on a Her political career has taken her nized by the National Geographic Soci- daily basis gets to be a load. To a cer- from the Baltimore City Council to the ety, and she pointed out to the indi- tain extent, one can get tired, one can House of Representatives and to this vidual making the introduction: She is get worn, but BARBARA has not let the Chamber, where she has honorably the vertical one, and I am the not so weight of that responsibility bring her served for the past 26 years. For 7 vertical one. down. years, I have had the opportunity to This is just a recognition again that I was joking with her a little bit ago work with her in this Chamber, and regardless of the situation, BARBARA when all the accolades were coming her there has been no stronger, more MIKULSKI has a good comeback, a quick way. I said: BARBARA, with all these knowledgeable, more committed col- quip. She is a quipmeister if there ever kind words that are being said about league on this side of the aisle. She is was one. It speaks again to the enthu- you, by the time the tributes are done, an example for all her colleagues, de- siasm and passion she brings to the job you are going to be 7 feet tall. That termined to work across the aisle when she has in front of her. woman is 7 feet tall in the minds of so possible and ready to fight for her be- With names such as MURKOWSKI and many of us. She is a giant for the peo- liefs when necessary. MIKULSKI, we clearly have a Polish her- ple of Maryland. She has proven herself She was the first woman elected to itage we look to with pride. She re- to be a giant in so many ways as she statewide office in Maryland, the first minds me of mine because she is per- works to do good for so many. Democratic woman elected to the Sen- haps a little more connected to those I am proud to stand with so many ate in her own right, the first woman Polish roots. Again, there is a sense of colleagues in recognizing her tenure, to serve in both Houses of Congress, pride with whom she is, where she has recognizing this historic place she has and the longest serving female Member come from, and what her family has carved for herself within the Congress, of the Senate. done preceding her that allows her to and to call her my friend. As we all know, this past Saturday, go on and do so much for so many. I yield the floor. Senator MIKULSKI became the longest We have had the opportunity to work The PRESIDING OFFICER. The Sen- serving woman in the history of the together on issues that, coming from ator from New Jersey. Congress, serving more than 35 years in different parts of the country—truly Mr. MENENDEZ. Madam President, I the House of Representatives and the different ends of the country—and one rise to honor the service of one of our Senate. would not think we would have as most distinguished and long-serving It is only fitting that she achieve much commonality on some of the colleagues, the tireless, sometimes re- this milestone during Women’s History issues. As the chairmen on the Com- lentless, and often spirited senior Sen- Month because she has not only paved merce, Justice, Science Appropriations ator from Maryland, Ms. BARBARA MI- the way for women in politics but she Subcommittee, we have worked closely KULSKI. has helped pave the way for women ev- on issues that relate to our fisheries, To say she is a trailblazer for women erywhere. coastal issues, and judiciary issues. in politics is an understatement. She I had the opportunity to work with She is always reminding me that we has blazed a bold trial not just for Senator MIKULSKI during the long and have to take care of our fishermen out women in politics but for all women in difficult debate and negotiations on there and make sure our families who every endeavor. She is a fighter, an ad- health care reform. Her work was in- rely on our waters are appropriately vocate, someone whom one is hopefully strumental in ensuring that women cared for. on the same side with because she is a have access to the comprehensive We have worked together on women’s formidable opponent when one is on health care they are now guaranteed health issues. We were recently at the the opposite side. She is a role model under the law. During that debate, no Sister to Sister event. I do feel a kin- for leadership and getting things done. one’s voice was clearer, no one’s voice ship and a relationship with this Polish Her impressive list of accomplish- was stronger, no one was more con- sister as we talk about those issues ments is far too long to recite in a few vincing than she in the fight for a that are so important to women’s minutes or even a few hours. It would woman’s right to comprehensive health health. not adequately do justice to her incred- care coverage. We share the same concerns about ible service to Maryland and the people She fought for mandatory insurance how we do more for our first respond- of this Nation. Senator MIKULSKI has coverage of essential services, such as ers, our servicemembers, and our vet- dedicated her career to serving Mary- mammograms and maternity care, erans. Just this past week, as Sen- landers and has dedicated her life to services that many insurance compa- ator—I almost called her MURKOWSKI public service. nies refused to cover. She fought to end myself—Senator MIKULSKI was She began as a social worker in the gender discrimination by insurance chairing a committee, and I brought up neighborhoods of Baltimore, working companies. an issue as it related to the late Sen- every day on the street helping at-risk As a result of the affordable care act ator Ted Stevens and the Department children find their way and giving sen- and, in large measure because of Sen- of Justice investigation that failed so iors the help they needed. ator MIKULSKI’s tireless efforts on be- miserably—and we are now pursuing it, She was not, and is not, a bleeding half of women, being a woman is no through different avenues, to make heart, but there is no one who has a longer a preexisting condition, as insure nobody should have to go through fuller heart, a more open heart to the surance companies used to say, that what Senator Stevens did—Senator MI- deepest needs of the least powerful can be discriminated against. KULSKI literally stopped the committee among us than Senator MIKULSKI. She Those insurance companies that rou- hearing to remind the Attorney Gen- is someone one wants on their side. tinely denied coverage of basic wom- eral that, in fact, this was not a par- Senator MIKULSKI came to public en’s health services—essential serv- tisan issue; this was an issue where we service with what I like to call the long ices—are now required to cover those all should be concerned and that if view. She can see beyond herself to the services under the comprehensive wom- there is no justice within the Depart- needs of society as a whole, and she has en’s health services provision of the ment of Justice, what does that mean fought for those needs and won on far law. for us as a nation. more occasions than she has lost. Whenever there is a need in the She is never hesitant to speak and When she first ran for public office in Chamber for a strong voice for women, stand and make very clear, when these 1971, I know she had in her heart the whenever there is a need for an advo- issues are important to the Nation, it deep and abiding memories of those cate to stand for the powerless against should know no bounds by party. BAR- kids and seniors she met in Baltimore the powerful, whenever there is a child BARA MIKULSKI has held true to that. when she began her career. I know she who needs a friend or a senior citizen

VerDate Mar 15 2010 03:43 Mar 22, 2012 Jkt 019060 PO 00000 Frm 00038 Fmt 4624 Sfmt 0634 E:\CR\FM\G21MR6.061 S21MRPT1 pwalker on DSK7TPTVN1PROD with SENATE March 21, 2012 CONGRESSIONAL RECORD — SENATE S1911 who needs a hand, BARBARA MIKULSKI honoring Senator BARBARA MIKULSKI Her bipartisan women’s dinners are is there. for her service to Maryland and for the legendary. And, of course, what hap- I believe there are many times she endless contributions she has made to pens at those dinners stays at those comes to this floor remembering, as the people of this country. dinners. Those are MIKULSKI’s rules. she said, her days back in Baltimore, It is very hard to adequately describe But we really don’t need to look any and she is right there—an advocate’s a political icon such as BARBARA MI- further than that wintry night in advocate—fighting for those children KULSKI. For all of us women in politics, Maine to know how effective she has and seniors she met along the way. she is a model of what we can aspire to been in making things happen for peo- The rest of us are better off because or what we would hope to aspire to. I ple. she comes here with a full heart, ready just want to tell a simple story about I look forward to more of her dinners, to do what is right, not just what is po- BARB that I think reflects her ability to more conversations with the Sen- litically expedient. to get along with people, her zest for ator, to more chances to work with her Her bill, the Lilly Ledbetter Fair Pay life, as so many of my colleagues have as she fights on behalf of women and Act, was signed into law by President described, and the connection she seniors and veterans and all those who Obama just days after his inaugura- makes that makes a difference for peo- don’t have a voice in government and tion. I was proud to work with her on ple. at the table. I thank the Senator for that bill and on so many other efforts She and I were on a flight with four her friendship, for her leadership, and as well that make a difference in the other Senators to the security forum in for her many years of service. lives of average Americans. Halifax, Nova Scotia, a couple of years I yield the floor. Finally, Senator MIKULSKI has been a ago, and the weather was bad, so our The PRESIDING OFFICER. The Sen- tireless advocate for something that is flight was diverted to Bangor, ME. It ator from West Virginia. near and dear to my own heart—for was winter in New England, and of Mr. MANCHIN. Madam President, I those who suffer from Alzheimer’s and course, when there is bad weather in too am honored to be able to rise today their families. New England in the winter, it sticks to speak of our dear friend BARBARA As the son of a mother who battled around for a while, so we were trapped MIKULSKI. So many good things have Alzheimer’s for 18 years and lost her overnight in Bangor. Most of us just been said, so many accolades have been life to it, I understand firsthand the sort of sat there waiting to figure out shared about what BARBARA has done unique challenges of providing long- what was going to be done while we and what she means to all of us. I can only tell you there is not a better ally, term care for a loved one. Senator MI- waited for a flight the next day, but mentor, neighbor, and, most impor- KULSKI has come to this floor on count- not BARBARA because she doesn’t sit tant, friend to have in the Senate than less occasions advocating for increased still. She is never afraid to pick up the BARBARA MIKULSKI. research, education, and programs for phone and take action, and that is ex- My State shares a border with BAR- individuals with Alzheimer’s. She has actly what she did. BARBARA dialed up BARA’s State. Maryland and West Vir- found support from her colleagues on her old friend and colleague—the col- ginia have had a long and illustrious both sides of the aisle. league of all of us—Senator SUSAN COL- relationship. As Governor, I had always It is estimated that 5.4 million Amer- LINS, and said: Guess where I am. And known of BARBARA and had met her a icans are currently living with Alz- that is how those of us who were on few times when I served the great heimer’s and millions more have been that flight—the six Senators and the State of West Virginia. But as a Sen- touched in some way by this debili- Secretary of Homeland Security— ator, I have had the privilege of being tating disease. wound up joining Senator COLLINS and her colleague and working with her and I thank the Senator from the bottom the legendary Troop Greeters of Ban- becoming friends, listening to her and of my heart for her passion for helping gor, ME, in welcoming troops at the watching her in how she works with those who suffer from this disease. I airport as they returned home from her constituents, how she considers the look forward to continuing to work overseas. So what had earlier seemed issues, how she fights for issues. I don’t with her on this issue until we find a like an inconvenience turned into a think anyone has ever had to guess cure for Alzheimer’s. fabulous opportunity to thank our where BARBARA stands on an issue be- The bottom line: BARBARA MIKULSKI brave men and women in uniform and cause we all know. is a deeply committed public servant. to have a good time while we were In the 15 months we have worked to- The State of Maryland has rightly rec- doing it. gether, I can say it has been extremely ognized her invaluable service for You find those kinds of things hap- rewarding to serve alongside her, many years. Because of her efforts, pening if you spend time with BARBARA whether it is her wisdom she shares on those Maryland families know their in- MIKULSKI. It is a byproduct of her re- the train ride over to our sessions here terests are protected and their voices lentless energy, her drive to better her or whether we talk about our both are heard. community and our Nation as a whole, being raised in a grocery store. My It has been an honor to serve with her deep commitment to fighting for grandfather had a little grocery store her. All of us in this Chamber can only women’s health, and her unfailing and, as you know, BARBARA was raised hope to serve our States with the same grace and gumption as a legislator, a with her father in a grocery store. I conviction, selflessness, and pride as colleague, and a friend. think, basically, if you have retail in Senator MIKULSKI has throughout her As has been said, she got her start as your blood, you understand the people 35 years of service to the State of a social worker trying to make the of America. Maryland. lives of men and women in her native Her sense of humor is something to I am reminded of what Mother Teresa Baltimore a little easier to bear. She behold. Every day I have the privilege said when she got the Congressional was working in the service of values of serving with her is a good day in the Gold Medal: that were taught to her by her family, Senate. It is not the awards and recognition that who owned the neighborhood grocery I know colleagues have all shared one receives in life that matters; it is how store. And as so many have com- their stories about BARBARA, and they one has lived their life that matters. mented, she often tells the story of her have had more experience with her in In that respect, BARBARA MIKULSKI father opening the store early so that the Senate. As a freshman, being here has lived an extraordinary life. We steelworkers coming in for the early- only a little over a year and a half, I thank her for what she has done and morning shift would have time to buy have not had that many personal expe- not just for the people of Maryland but their lunch. BARB has carried that spir- riences, but I can tell you this: If there for all the people of America. it, those values she learned from her is a fight that breaks out, if there is I yield the floor. family in that grocery store here to the something going wrong, you want BAR- The PRESIDING OFFICER. The Sen- Senate, and often those values are BARA on your side. She is the person to ator from New Hampshire. sorely needed here. have in that foxhole when the shooting Mrs. SHAHEEN. Madam President, I As dean of the Congressional Caucus starts. And I have been so appreciative am proud to be able to join my col- for Women’s Issues, she has built a to have her as my friend and always leagues on the floor this afternoon in sense of community within the caucus. counting on her.

VerDate Mar 15 2010 06:18 Mar 22, 2012 Jkt 019060 PO 00000 Frm 00039 Fmt 4624 Sfmt 0634 E:\CR\FM\G21MR6.062 S21MRPT1 pwalker on DSK7TPTVN1PROD with SENATE S1912 CONGRESSIONAL RECORD — SENATE March 21, 2012 As we have all heard, she has been an was proud of the moniker because it ple stopped talking about things that advocate for women’s health, the space was intended to be a compliment and a were extraneous and they would listen program, and her most beloved State of sign of friendship. carefully, because BARBARA MIKULSKI Maryland, which she fights for every Strikingly, BARBARA MIKULSKI and I always made so much sense and she day. have backgrounds that are not dis- didn’t let you get by without a chal- Last year she became the first similar. I came from Polish heritage. lenge if she believed you were wrong. woman to reach the milestone of serv- My grandparents on my paternal side We have heard about her record, we ing a quarter of a century in the Sen- were born in Poland, as BARBARA’s have heard about her accomplishments, ate. Madam President, I have staffers family was. They were immigrants. My and everybody had wonderful things to who are younger than her years of parents were brought as children from say about her. I listened carefully to service. But I also have young staffers, Europe and went through the tradi- the statements that were being made especially my female staffers, who tional immigrant absorption. and thought about our days together have said they see a world of possi- My folks found it very hard to make and how wonderful it was to be able to bility because of the trail Senator BAR- a living as they grew up here in Amer- hear BARBARA MIKULSKI make sense BARA MIKULSKI has left for them. With ica. My grandparents were essentially out of what often escaped that chal- all of that, she has blazed a trail for all poor people with a kind of blue-collar lenge. She would offer the challenge of us. No one will be able to fill the background. They had to resort to and she would offer solutions. shoes of BARBARA MIKULSKI. We will all storekeeping to keep food on the table, I, like our other colleagues, stand be lucky enough to follow in her foot- a roof overhead, and clothes on their here in awe and respect and note that steps. backs. BARBARA MIKULSKI, the storekeeper’s When she began serving on the Hill in The one thing that threaded through daughter, is so much like that which I 1977, there were 20 other women in all those years for me—and I heard it com- saw in my own life and we have seen in of Congress. She and 17 others served in ing from BARBARA MIKULSKI so many America in the past century; and BAR- the House, while there were 3 in the times when she spoke—was there was BARA MIKULSKI who, in all due mod- Senate. Today, 35 years later, there are always dignity in the house, there was esty, without any impression of a smug 17 women serving in the Senate. If always a positive outlook. satisfaction, is always ready to take up there is anything we can learn from As I heard, my parents, like hers, the battle for the people she served, Senator BARBARA MIKULSKI, it is that were not able to do much with presents not only in the State of Maryland but 17 women is far too few. We need more and valuables. But they did something across the country. She is an inspira- women like you, BARBARA, and, just as else, and you see it so fundamentally tion for women coming to government, important, we need more Senators like clear in BARBARA MIKULSKI’s demeanor and she serves so well as a demonstra- you. and her behavior: that what she tion of what could be. I can honestly say that I know the learned at home, the same thing that I I am delighted to be here, to stand State of Maryland is much better off learned at home, was the meaning of here as a friend and an admirer of BAR- because of BARBARA MIKULSKI, but I values not valuables but values. And BARA MIKULSKI, and wish her many can tell you that the United States of values included a character obligation more years of service. I know that with America is a better country because of for hard work and honesty and de- BARBARA around, you can always count BARBARA MIKULSKI. So I say thank you cency. They were the yardsticks by on sense and good judgment to result. to my dear friend BARBARA for her which we were measured as children Madam President, I yield the floor. service to this great country and to all and as adults. The PRESIDING OFFICER. The Sen- the constituents in Maryland who must I worked very closely with BARBARA. ator from New York is recognized. be extremely proud of her and have a I left the Senate, as is known, for 2 Mrs. GILLIBRAND. Madam Presi- right to be so. I too am so proud to call years and my seniority slipped as a dent, I associate myself with the re- her my friend and my neighbor. consequence. BARBARA’s seniority con- marks of my colleague, the Senator Madam President, I yield the floor. tinued to grow, and she is chairman of from New Jersey. The PRESIDING OFFICER. The Sen- the appropriations subcommittee. BAR- It is with great admiration that I rise ator from New Jersey. BARA always brought a degree of today to join all of my colleagues who Mr. LAUTENBERG. Madam Presi- strength and energy to the things that have spoken before me and who will dent, we have listened with interest she said and to the things she did. Al- continue to speak honoring the Sen- and total accord as the life of BARBARA though BARBARA during a presentation ator from Maryland, BARBARA MIKUL- MIKULSKI in the Senate has been re- wanted to make sure that she was SKI, as the longest serving woman in viewed by so many people. We have heard, and heard correctly, she would the history of the Congress. heard the friendship and good will we also pop up with humor. She had a fa- It has been such an honor to serve all share toward her. cility with words and a facility with with Senator MIKULSKI. In my 3 years Her record is quite well known. She expression that would have you en- in the Senate, she has quickly become is determined to get things done. She grossed in what she was saying and a dear friend and an invaluable mentor, never lets minutia stand in the way or caught off guard when a joke or a hu- as she has been for all of the other fe- block an accomplishment. And I have morous statement would pop up. male colleagues as the dean of women noticed one thing: When BARBARA MI- When we note that BARBARA MIKUL- Senators. KULSKI starts to talk during a debate, SKI, from this modest background, was It wasn’t until 1932 that Hattie Cara- the noise around the room quiets down. always on the side of working people, it way became the first woman ever And if it doesn’t, beware; BARBARA will was never a mask; it was the truth and elected to the Senate, and it wasn’t call your attention to it and say it in it was where she wanted to be. I must until a half century later in 1986 that, a way that demands attention. say that she, for me, was always a against all odds, BARBARA MIKULSKI be- BARBARA and I arrived in the Senate steadfast beacon that would remind us: came the first Democratic woman in fairly close proximity. I came here Don’t get carried away too much with elected to the Senate. That is right. in 1983 and BARBARA arrived in 1986, as your personal importance. Get carried When she arrived in the Senate, she I recall. We were both on the Appro- away with the things you have to do in was just one of two women serving in priations Committee. I had some slight your responsibility as a Senator. this body. Now the longest serving seniority over her, and one of the When BARBARA MIKULSKI came these woman in congressional history, Sen- things that were being dealt with was years ago, as was noted, she was the ator MIKULSKI is showing what is pos- seniority. BARBARA asked for my help first among the women to come to the sible when you ignore conventional in the choice of subcommittee, and I Senate and ultimately, as we now wisdom, never stop fighting for what is tried to step out of the way and help know, became the longest serving and right, and honor our commitment to BARBARA obtain the chairmanship of a carried herself through all of the dif- families who elect us every single day. subcommittee in Appropriations, which ficulties we have had. But always, al- One of her hallmark battles has been she managed so well and so effectively. ways you could depend on BARBARA MI- the fight for equal pay for work for She once called me her Galahad, and I KULSKI. When BARBARA stood up, peo- women. This is not only an issue of

VerDate Mar 15 2010 05:19 Mar 22, 2012 Jkt 019060 PO 00000 Frm 00040 Fmt 4624 Sfmt 0634 E:\CR\FM\G21MR6.063 S21MRPT1 pwalker on DSK7TPTVN1PROD with SENATE March 21, 2012 CONGRESSIONAL RECORD — SENATE S1913 equality and justice but an economic DURBIN is going to make a UC request, people who dream of going to college, imperative, because as we stand here which I plan to object to, and there for families facing devastating illness, today, with more dual income house- might be some brief discussion of that. for opportunity for all Americans. That holds than ever, women only make 78 But I don’t see Senator DURBIN on the has been her passion, that has been her cents on the dollar compared to men. floor. true achievement, and that will be her For women of color, the disparity is Mr. UDALL of New Mexico. I am greatest legacy. even greater, African-American women probably going to be the concluding re- When BARBARA was first elected to earning 62 cents on the dollar, and marks on celebrating Senator MIKUL- the Senate in 1986, there was only one Latinas 53 cents on the dollar. I know SKI, so I am going to proceed with that. other female Senator. Now there are 17. Senator MIKULSKI won’t give up until Madam President, we have been here BARBARA is, rightly so, the dean of the we correct this outrageous injustice, now for almost 3 hours—I was down women. She is a mentor to her female and I am honored to be fighting along- here when we started. Senator FEIN- colleagues, but no less so she is an inside her. STEIN started about 2:00 and we are ap- spiration to all of us. Senator MIKULSKI has also led the proaching 5:00 now—for an incredible I admire BARBARA’s remarkable de- fight to strengthen our laws against celebration of BARBARA MIKULSKI’s ca- termination and her tenacity, but also domestic violence, and open access to reer. I have listened to a lot of it both her ability to work with others to get health screenings and treatment that at my office and here on the floor, and things done. She will fight for what she saves women’s lives. Close to my heart, it is pretty remarkable to hear the believes, but she will sit down to din- she was among the first to stand up to kinds of things she has done with her ner with her colleagues across the insurance companies that said that life and I rise today to honor my col- aisle. And she has never forgotten being a woman was a preexisting condi- league, Senator BARBARA MIKULSKI. where she came from. The daughter of tion. You can always count on Senator As has been noted, this month Sen- a Baltimore grocer, each night she re- MIKULSKI to lead the charge in drawing ator MIKULSKI becomes the longest turns home to Baltimore. She has a line in the sand in the Senate when it serving woman in the history of Con- never forgotten the values she learned comes to protecting women’s health gress. With her perfect sense of timing, there: hard work, helping one’s neigh- and women’s right to choose. We saw it BARBARA reaches this historic mile- bor, patriotism. She is diminutive in height only. yet again when she stood up to the dan- stone during Women’s History Month. That was evident early on. The story is gerous overreach of the Blunt amend- And it is for the history books. But, as well known how, as a young commu- ment that would have denied women of BARBARA has said: It is is not how long nity activist, BARBARA stopped that 16- this country the ability to choose I serve but how well I serve. And she lane highway from coming through which medications to take and leave has served very well. She has served Baltimore’s Fells Point neighborhood. that decision to their boss. her beloved State of Maryland very She is not afraid to stand up to power, She embodies the words of Eleanor well, and she served this country in a and she is not afraid of speaking Roosevelt: number of capacities on the Appropria- strongly to power. In all the ways that The battle for individual rights of women tions Committee and on various com- count, Senator BARBARA MIKULSKI is a is one of long standing and none of us should mittees in the Congress. countenance anything that undermines it. We celebrate this historic occasion towering figure. Albert Schweitzer once said: I don’t but, more deeply, we celebrate BAR- It is that spirit—making your voice know what your destiny will be, but heard, never backing down in the face BARA’s record of achievement—a record that transcends gender, a record that is one thing I know for sure. The only of injustice—that has made Senator ones among you who will be truly rooted in a life dedicated to public MIKULSKI one of the strongest voices happy are those who have sought and service. we have for women in this country and found how to serve. This BARBARA MI- women around the world. Every single Since she was first elected to public office in 1971 to the Baltimore City KULSKI has done. From her early days day she is paving the way for more as a social worker to her years in Con- women leaders in America by showing Council, BARBARA has been setting milestones. Think about that for a gress, she has served. She has served the young women and girls of this long and well. minute—1971. This is 40 years plus of country that women’s voices matter Congratulations, BARBARA. It is an public service. As the Chair knows, this and are needed in our public debate. honor to be your colleague. I close by expressing my personal is pretty remarkable. She served in I yield the floor. debt of gratitude to her for her vision, public service for a while. I have served The PRESIDING OFFICER. The Sen- her leadership, and her pioneering spir- for a while. But 41 years of public serv- ator from Maine. it. I simply could not imagine working ice is remarkable—the first woman Ms. SNOWE. Mr. President, I in this body without her leadership. elected to statewide office in Mary- couldn’t be more pleased as well as She has taught me so much in such a land; the first Democratic woman privileged to join all of my colleagues short period of time. And, as impor- elected to the Senate in her own right; today in congratulating a very good tantly, she has fostered an unbreakable the first woman in the Senate Demo- friend and colleague, the dean of the bipartisan spirit among our colleagues cratic leadership; and the first Demo- women of the Senate, Senator BARBARA that has resulted in important vic- cratic woman to serve in both Houses MIKULSKI, on overtaking Congress- tories for the American public. of Congress. Yet it is not her being woman Edith Nourse Rogers as longest Thank you, Senator MIKULSKI, and first that is the most impressive; it is serving woman in the history of the congratulations on your historic her commitment to putting others Congress. achievement. It is an honor to serve first. BARBARA has shown that commit- As someone who has had the privi- with you, and I hope to continue to ment time and again. lege of knowing Senator MIKULSKI serve with you for many years to come. In over 35 years in the Congress, she since 1978 when I was first elected to I yield the floor. has never wavered in her service to our the House of Representatives, for me, The PRESIDING OFFICER. The Sen- Nation and her dedication to the people this milestone represents a watershed ator from New Mexico. of Maryland. She has fought for quality moment in the life of American poli- Mr. UDALL of New Mexico. Both education. She has fought for Amer- tics. Senator SESSIONS and Senator SNOWE ican seniors. She has fought for wom- For nearly 35 years, I have witnessed are here, and I don’t know if they en’s health and for veterans. For BARBARA MIKULSKI summon and har- wanted to speak. I know we have had a women facing unequal pay, BARBARA ness a seemingly limitless reservoir of flow of speakers on this side, and if one championed the Lilly Ledbetter Fair energy as a fierce advocate and a of you wants to speak before I speak, I Pay Act. For senior citizens facing champion on behalf of the people of think it is the fair thing to do. bankruptcy because of a spouse’s nurs- Maryland as well as the country. With The PRESIDING OFFICER. The Sen- ing home care, BARBARA wrote the equal parts vigor and vigilance, she has ator from Alabama is recognized. Spousal Anti-Impoverishment Act. demonstrated a devotion to her con- Mr. SESSIONS. Madam President, Yes, she is a trailblazer, but she blazes stituents that has been unerring in its my understanding was that Senator those trails to help others—for young promise and ironclad in its purpose.

VerDate Mar 15 2010 05:19 Mar 22, 2012 Jkt 019060 PO 00000 Frm 00041 Fmt 4624 Sfmt 0634 E:\CR\FM\G21MR6.065 S21MRPT1 pwalker on DSK7TPTVN1PROD with SENATE S1914 CONGRESSIONAL RECORD — SENATE March 21, 2012 It is precisely that caliber of service tenacity firsthand, having worked with from these clinical study trials could that the people of Maryland have re- her side by side over the decades, not be applied to women. warded time and time again. whether on matters of equity for When we discovered that these in- As I stated on this very floor at the women in the workplace, ensuring gen- equities and this discriminatory treat- outset of this Congress when she sur- der-integrated training in the military, ment existed, we set to work on how to passed the length of service of Maine’s working on cybersecurity, working on redress this wrong. It is hard to believe legendary Senator Margaret Chase every other issue where we are bring- there was a time in America where Smith, Senator MIKULSKI is synony- ing justice to those who have borne the women and minorities were systemati- mous with ‘‘the special bond of trust brunt of injustice. cally excluded from these trials that, which should exist between the gov- Nowhere has her leadership been as I said, had lifesaving implications. erning and the governed.’’ She has more unmistakable, of course, or more Who would have thought that women’s ‘‘recognized injustice and acted boldly monumental than in the area of wom- health would have been the missing to quell it . . . giving a voice to the en’s health. I well recall, when I ar- page in America’s medical textbooks or voiceless . . . power to the powerless.’’ rived in the U.S. House of Representa- merely an afterthought. What Senator Margaret Chase Smith tives in 1979, I joined what was then So I, as a cochair along with Con- and Congresswoman Edith Nourse Rog- known as the Congresswomen’s Caucus gresswoman Pat Schroeder in the ers exemplified as standard bearers in on Women’s Issues, which is where I ul- House, on behalf of the caucus, and, of the last century for length of service, timately became the cochair for a bet- course, then-Senator BARBARA MIKUL- Senator MIKULSKI embodies in this center part of the decade. Senator BAR- SKI in the Senate teamed up in a close tury—that the commitment to advanc- BARA MIKULSKI, at that time being in bipartisan, bicameral collaboration to ing the common good is bound neither the House of Representatives, served in establish the groundbreaking Office of by geographic region nor political af- that caucus as well. Research on Women’s Health at the filiation but, rather, by an undaunted When I arrived in the House of Rep- National Institutes of Health so that desire to serve others. resentatives in 1979, there were only 16 never again would women be over- A consummate role model and ad- women serving in that institution. looked when it came to key clinical mired mentor, Senator MIKULSKI al- That is why the congresswomen’s cau- study trials that were underwritten by ways stands as a shining example that cus was formed, to focus on those the Federal taxpayers and Federal the robust pursuit of policy and the issues that mattered to women and to funds. In fact, Senator MIKULSKI, as I willingness to hear and consider dis- family and to children. We recognized well recall, launched the key panel of senting views are not mutually exclu- that it was our obligation and responsi- stakeholders at Bethesda to give this sive. As I have often said, Senator MI- bility to work, to focus on those issues initiative critical national attention KULSKI knows only one speed, and that because otherwise they would languish and momentum—as only she could—as is full speed ahead. But by the same on the back burner rather than being well as fundamental policy changes token, she only knows one way to gov- on the front burner. We also under- that ultimately resulted from that ern—through what she aptly referred stood that if we did not focus on these panel that reverberate to this day, re- to as the zone of civility. That ap- issues, if we did not advance these sulting as well in lifesaving medical proach, so integral to making this in- issues, no one else would. So we began discoveries for America’s women. stitution work, is indisputably one of to tackle systematically many of the That is the passion and power of Sen- the hallmark measures of Senator MI- discriminatory laws or inequities that ator MIKULSKI that has led her to this KULSKI’s longstanding success in public were embedded in Federal law that historic day. BARBARA is not about leg- life. Indeed, it is the blueprint for failed to recognize the dual role women acy, she is about problem-solving. As interaction that she has imbued in all were playing, both at home as well as somebody described it, her ideology is of us who are women serving in the in the workplace. grounded in the practical, and that is Senate. She has worked to establish a We began to work on these issues one so true. It is not only the practical but tone of respect that infuses our con- by one because there were so many giving power to the people and devel- versations, our collegiality, our col- issues across-the-board that were af- oping practical solutions in their ev- laboration. It is a personal cause to fecting women, where they were ulti- eryday lives. Senator MIKULSKI that is exemplified mately bearing the burden and the con- She is a guardian of the common by the monthly dinners for women Sen- sequences of these inequitable laws. We good, a woman who redefines the word ators that she initiated along with the did that with respect to pensions, for ‘‘trailblazer,’’ a pioneer of public pol- Senator from Texas Mrs. HUTCHISON, a example, where women discovered that icy. Senator MIKULSKI continues to tradition that has become a catalyst after their husbands died, their pen- shape the landscape of our Nation for for camaraderie and central to what sions had been canceled. the better, with a force and a might Senator MIKULSKI calls our ‘‘unbreak- We discovered it when it came to able bond.’’ family and medical leave, which took and a stature, one of the giants of pub- There has been no greater friend for us the better part of 7 years to enact lic service, not just in our time but for women who have come to serve in the that legislation. But, again, women all time. Senate, and I am sure it is a result of were bearing the burden of taking care On the occasion of Senator MIKUL- Senator MIKULSKI having arrived here of their ailing parents or their children SKI’s recordbreaking service, we con- as the second woman to serve in the at home and paying the consequences gratulate her, we salute her, and we Senate, along with the Senator from in the workplace. are honored to be able to express a pro- Kansas, Senator Kassebaum, as she Then, of course, there was the issue found appreciation for her extraor- said at the time—and that is why she we discovered of discriminatory treat- dinary and legendary tenure in the was so willing to serve as a mentor for ment in our clinical study trials. Re- Senate. other women who arrived in the Sen- grettably, at the time our National In- I yield the floor. ate, because she was only one of two stitutes of Health were actually dis- The PRESIDING OFFICER. The Sen- women who were serving in this insti- criminating against women and mi- ator from Minnesota. tution. As she said, the Senate had a norities, excluding them from clinical Mrs. KLOBUCHAR. Mr. President, I long tradition of every man for him- study trials because it was too com- come to the floor this afternoon to cel- self. She was determined, she said, that plicated to include women in these ebrate BARBARA MIKULSKI’s service to it would not be every woman for her- study trials because we were bio- this country. I had the honor of pre- self while she was in the Senate. logically different. As a result, any of siding for the last hour and heard the As my colleagues also well know, those treatments that were developed statements of so many of my col- when it comes to having an ally in the as a result of those trials could not be leagues. I heard them talk about how, legislative foxhole, there is none more applied to women. Ultimately, this when she joined this Chamber in 1986, feisty, none more formidable, and cer- could make the difference between life BARBARA MIKULSKI was the first tainly none better than Senator BAR- and death because the kinds of proce- woman elected to the Senate who was BARA MIKULSKI. I have witnessed her dures and treatments that were derived not preceded by a husband or a father,

VerDate Mar 15 2010 03:43 Mar 22, 2012 Jkt 019060 PO 00000 Frm 00042 Fmt 4624 Sfmt 0634 E:\CR\FM\G21MR6.068 S21MRPT1 pwalker on DSK7TPTVN1PROD with SENATE March 21, 2012 CONGRESSIONAL RECORD — SENATE S1915 the first woman elected to the state- are continuing their tributes to Sen- when we were wrestling with how to wide office to serve the State of Mary- ator MIKULSKI. I have a statement that deal with security for our country. She land, and only the 16th woman to have was scheduled at 5 p.m. that will take spoke firmly and strongly in favor of served in the Senate ever. all of 10 minutes, and then I will yield firm action to defend America from at- Today she is truly the dean of women the floor at that point. I don’t know if tack. Senators. She is a mentor and a friend Members who are on the floor want to Another issue I don’t think has been to the rest of us, and she has always set establish a queue of who will follow, mentioned but is exceedingly impor- the bar high. This is a woman who took but if anyone wants to make that tant—something I have observed her on city hall as a young social worker in unanimous consent request, I see that deal with and provide leadership on for Baltimore—and won. This is a woman Senator CARPER and Senator CANTWELL some time—is space and NASA. She is who has championed landmark legisla- are here on this side, Senator COATS is one of the absolutely most knowledge- tion that has touched the lives of mil- on the other side. I don’t know if Sen- able and experienced Members of this lions on issues ranging from health ator SESSIONS is planning to speak Senate and the entire Congress in deal- care to education to civil rights. She after I have spoken on a substantive ing with the complexities and the has shattered glass ceilings, not just in matter beyond the UC request. needs of NASA and she is a champion the Senate but in the Congress as a Mr. SESSIONS. No, although I and advocate for exploration of space. whole. wouldn’t mind seizing the opportunity This is an area where America has led If that is not enough, she has even to speak about Senator MIKULSKI for a the world, and for all her time in the graced the glossy pages of Vogue maga- minute, but otherwise, if the Senator Senate, she has been a champion of ad- zine. Most of you may not have seen has no—— vocating that the United States main- the photos that were taken in front of Mr. DURBIN. Mr. President, I am tain this leadership because I think we the Capitol Building with a number of going to give a statement and make a share the view that America is a na- other women leaders, including Meryl UC request that I planned at 5 p.m. And tion of explorers. We are a nation that Streep, who was in town for a screen- if I could suggest I be followed by Sen- leads the world in exploring and it is ing of her film ‘‘The Iron Lady.’’ So I ator SESSIONS, and then Senator CAR- part of our DNA. So I appreciate her think it is fitting, to borrow a phrase PER, Senator COATS—— leadership in that particular area, as I from the Iron Lady herself, Margaret Mr. COATS. If the Senator will yield have watched her with great admira- Thatcher, who famously said, ‘‘In poli- on that, I don’t want to interrupt the tion in her activities. tics, if you want anything said, ask a tribute to Senator MIKULSKI, and I I didn’t realize this tribute would be man; if you want anything done, ask a know the Senator has some business he going on this afternoon and I didn’t woman.’’ has arranged. I will give mine another have prepared remarks, but I wish to I don’t think my male colleagues who time. You don’t have to include me in join with my colleagues to say how are here today will take offense at that the queue. I don’t want to spoil the much I appreciate her efforts. We cele- one since anyone who has ever worked party. The tribute is worthwhile, and I brate her great accomplishment in the with BARBARA MIKULSKI knows she is a will find another time to do this. Senate. I believe that as we go forward, force of nature. She may not be the Mr. DURBIN. Mr. President, I wish to we will find that on issue after issue tallest Member of the Senate, but she make an admission. I have spoken she will play a critical and a positive is certainly the most tenacious. She is about Senator MIKULSKI earlier and role in making America a better place. a tireless advocate for the people of her this is a different issue. I suggest after I thank the Chair and I yield the State, and she has a fierce and endur- Senator SESSIONS that Senator CARPER floor. ing love for those she represents. She and Senator CANTWELL follow. I ask The PRESIDING OFFICER. The Sen- knows where to pick her battles, and unanimous consent that the Senators ator from Delaware. we have seen her face some tough de- be recognized in the order I have noted. Mr. CARPER. Mr. President, I wish bates in the Senate over the past few The PRESIDING OFFICER. Without to follow my colleague from Alabama years. Whether it was working to take objection, it is so ordered. Would the and speak for just a few minutes about C-sections off lists of preexisting condi- Senator wish to request that the non- our friend and colleague, Senator MI- tions at insurance companies or fight- tribute-related portion of the discus- KULSKI, who celebrates her milestone ing to ensure equal pay for equal work sion be put in a separate place in the through her public service to the peo- for women or promoting better edu- ple of Maryland. cational opportunities for children RECORD? Mr. DURBIN. That is what I was I asked my staff to go to the Web with special needs or ensuring that our about to ask the Chair, to have permis- page for Senator MIKULSKI, her Senate troops and families receive the benefits sion that my statement not related to office, and I came across one paragraph that they have earned and that they which I wish to read to my colleagues, deserve, she has never stopped working Senator MIKULSKI be placed in a separate part of the RECORD. if I may. It says: for fairness, justice, and decency. Barbara Mikulski has never forgotten her The daughter of a smalltown grocery The PRESIDING OFFICER. Without objection, it is so ordered. roots. Throughout her career she has restore owner, she has made strength- turned each night to her home State of Bal- (The remarks of Mr. DURBIN and Mr. ening the middle class the centerpiece timore, Maryland. From community activist of her economic agenda because, as she SESSIONS are printed in the RECORD to U.S. Senator, she has never changed her always puts it, the women in the Sen- under ‘‘Cameras in the Courtroom.’’) view that all politics is indeed local and that ate understand issues not just at the Mr. SESSIONS. Mr. President, al- her job is to serve the people in their day-to- macro level but also at the macaroni- though I do not have prepared remarks, day needs as well as prepare this country for the future. and-cheese level. I wish to join with my colleagues in When BARBARA MIKULSKI came to the making a few comments about Senator Sometimes people have come to Con- Senate 26 years ago, she lit a torch MIKULSKI. gress over the years and they come un- that has brightened the path for so Senator MIKULSKI is a great Senator. derstanding clearly that our job is to many of us, for the 16 other women She is a delight to work with, a formi- serve. Over time, somehow they lose Senators who serve today and for all dable adversary, and a formidable ally that thought a little bit and it is less the future generations of women lead- in any important debate. She is some- clear who is to be served and who is to ers who will lead our country forward. one whom all of us respect and admire. be the servant. She has never forgotten I am humbled to call her a colleague It surprises me she has been at this who the servant is. She knows she and a friend, and I am honored to cele- business so long. It doesn’t seem as came as a servant, and she will leave brate her incredible service to our though it is possible. She certainly someday as a servant—hopefully, not country today. hasn’t lost her enthusiasm for the job anytime soon. I yield the floor. and she has played an important role If we ask most people around here The PRESIDING OFFICER. The Sen- in quite a number of issues with which what are maybe one or two words that ator from Illinois. the country has had to deal. best describe BARBARA MIKULSKI, I Mr. DURBIN. Mr. President, there I remember her leadership on an im- think a lot of people would say she is a are several of my colleagues here who portant issue during the post-9/11 time, fighter. Let me just say, if someone is

VerDate Mar 15 2010 05:19 Mar 22, 2012 Jkt 019060 PO 00000 Frm 00043 Fmt 4624 Sfmt 0634 E:\CR\FM\G21MR6.069 S21MRPT1 pwalker on DSK7TPTVN1PROD with SENATE S1916 CONGRESSIONAL RECORD — SENATE March 21, 2012 an advocate for a particular cause, she I mentioned my grandfather in West nized her to 35 years of service, where is the person one wants in the foxhole Virginia. His wife, my grandmother, she has been a trailblazer on so many with them. There is no better advocate, suffered from Alzheimer’s disease. My issues. and there is no better or more able op- grandmother’s mother suffered from Many people have talked about those ponent on an issue. It is a lot better to Alzheimer’s disease. My own mother today—about being the first woman have her on your side than it is to have suffered from Alzheimer’s disease. I elected to statewide office in Mary- her against you. don’t think there is anybody in this land, the first Democratic woman to I take the train home at night. I go body who has done more to lead the serve in both Houses of Congress; the through Baltimore on my way to Wil- fight to ensure that this scourge of our first Democratic woman to sit in a mington, DE. Along the route, we go by society—and the scourge of people all Senate leadership position, and the a place called Aberdeen. Sometimes over the world—is reined in and over- first Democratic woman to be elected the train stops there; sometimes it come. When that day comes, people to the Senate in her own right. does not. We have seen Aberdeen Prov- will stand and say: I did something Throughout her career, she has faith- ing Grounds literally consolidated from about this. Nobody in this body I think fully provided a very strong voice for around the country. Much of the im- can take more credit for conquering the people of Maryland. But it is here portant research activity the Army Alzheimer’s disease and dementia than in the Senate we have all gotten to see does is at the Aberdeen Proving BARBARA MIKULSKI. BARBARA MIKULSKI, the dean of the Grounds. The person more than any- Finally, when people think of BAR- women Senators, and to see her incred- body else who has made that possible is BARA, they think of a fighter, an advo- ible work as a trailblazer on so many BARBARA MIKULSKI. It is a vast facility, cate for voluntarism, and some of the important issues. with tens of thousands of employees other things I talked about. I don’t She has been a tireless champion on who I think are mostly civilian and a know that many people think of her as issues from pay equity to increasing campus of over 100,000 acres that does an athlete, but I will say that she is access to college education, for wom- great work, helping to provide for our very a big advocate for leveling the en’s health, for women’s health care defense against all kinds of attack, for- law, and time and time again she has eign and domestic. She is a great per- playing field. She wants to make sure proven she knows how to fight on the son to have on your side in leading people not just in athletic endeavors right side of the issues. that fight. have a level playing field in which to One of the other things I love about compete, but she wants to make sure For the women of the Senate, she is an incredibly important ally. When it BARBARA is her devotion to first re- young people coming from the most sponders. There is a big national fire impoverished backgrounds have an op- comes to each of us who comes to the school in a town called Gaithersburg, portunity and have a real shot at life U.S. Senate, to find our way and to MD. She has helped make that place to get a decent education as a child, make our own mark, BARBARA MIKUL- possible to not only train folks who are the chance to go to college and to in- SKI is the Senator who is always there first responders for the people of Mary- crease their potential to not just earn with you to make sure you can achieve land, but they train as well first re- money and support their families but what you want to for the State you sponders for virtually every State in to live productive lives. Those are just represent. every corner of this Nation. People will some of the things I think about when I know for me I am very excited—my go to bed tonight knowing that if there I think of BARBARA MIKULSKI. colleague from Alabama was men- is a fire or a problem or an incident in I will close by saying she had been in tioning Senator MIKULSKI’s love of their community, it will be responded the House I think for 6 years when I ar- NASA and space exploration—in that I to, and they can thank BARBARA MI- rived in 1982, 1983, and for all the time can say Senator MIKULSKI is certainly KULSKI for helping to ensure the folks we served there together, she was al- interested also in sci-fi, and I would trained there are ready to do that. ways very encouraging of me, very sup- call her a ‘‘techie’’ Senator because she As much as anybody I know, she is a portive of me as her Delmarva buddy, certainly has shown a great deal of in- person who values service. AmeriCorps as we shared the Delmarva Peninsula. terest in technology and science. is an organization that encourages Even to this day we work together to As the Chair of the Commerce, Jus- young people—really people of all make sure we have a strong, vibrant tice, and Science Appropriations Sub- ages—to volunteer and to serve. Volun- poultry industry on the Delmarva Pe- committee, she was a key partner in teers are the ages of our pages and a ninsula. I like to say we are still Del- the funding of key science and tech- whole lot older and the ages of guys marva buddies as we look out for the nology issues, and for us in the State of like me. We all have an obligation to mutual concerns of our respective Washington, when we needed a new serve and to bring that spirit of serv- States. Doppler radar technology system, she ice, whether or not we are in public With that having been said, let me was there to help ensure that those life. yield back my time. I see Senator people who lived in coastal regions I was struck by the fact that she CANTWELL is ready to speak. My guess were going to have the appropriate pro- often opened the store as a kid, begin- is, she is going to say some more tections they needed for understanding ning a lot of her days as her dad opened things about BARBARA. But those are inclement weather. the family grocery store, early in the some things I am glad I had a chance She also has helped in prioritizing ef- morning in east Baltimore. I was born to say. forts such as the cleanup of the Chesa- in West Virginia in a town called Beck- The PRESIDING OFFICER. The Sen- peake Bay in Maryland—something we ley. I lived there for about the first 6 ator from Washington. in the Northwest relate to because we years or so of my life, but I would go Ms. CANTWELL. Mr. President, I do strive to have the same cleanup of back many summers, and I had the op- rise to celebrate the remarkable Puget Sound. portunity to work there for a super- achievements of my colleague from We have worked together on impor- market, a mom-and-pop supermarket, Maryland, Senator MIKULSKI. tant legislation, such as passing the with my own grandfather who opened Last January we celebrated an obvi- Lilly Ledbetter legislation. the store almost 6 days a week, and I ous achievement of her becoming the But it is BARBARA MIKULSKI—when it had the opportunity to see him and his longest serving female Senator. And comes to protecting women’s access to work and what he brought to that store last Saturday that milestone entered health care or standing up to any at- every day as the butcher. I think I another chapter, with her 12,858 days of tack on Medicare—who is the most ar- know more about serving by working serving the people of Maryland in Con- ticulate, the most determined, the my summers in that store than any- gress, which means she is now the long- most persevering advocate to make thing else I have ever done. I suspect est serving female Member of Congress. sure women’s issues and their cause are one of the reasons BARBARA has adopt- I know BARBARA MIKULSKI started understood in the U.S. Senate. ed and retained the spirit of a servant her career fighting for Fells Point, a I was proud to stand with her when is because of her childhood and growing particular location in the Baltimore she went up against the House plan to up and seeing her own family, her own area that she thought deserved and defund critical women’s health care ac- dad, in that particular store. needed to be protected, and that galva- cess and there was a near shutdown of

VerDate Mar 15 2010 03:43 Mar 22, 2012 Jkt 019060 PO 00000 Frm 00044 Fmt 4624 Sfmt 0634 E:\CR\FM\G21MR6.074 S21MRPT1 pwalker on DSK7TPTVN1PROD with SENATE March 21, 2012 CONGRESSIONAL RECORD — SENATE S1917 government. As people tried to pres- She is a true champion for America’s ing job and pay taxes, and much less sure Planned Parenthood, she was seniors, preserving pensions; of Medi- likely to go to prison. It has been there to make sure we continued im- care, defending Medicare—boy, do not shown over and over that the cost-ben- portant programs such as breast cancer attack Medicare around BARBARA MI- efit is, for every $1 spent, like $16 in re- screening. KULSKI—and combating poverty. No turn. So today I join my colleagues from one works harder for quality edu- I wanted to get a hearing just on the Senate to thank her for those years cation, fighting to make sure every this. Because we were talking about of service in the U.S. Congress, both in child has a quality education, so that education, I thought this needed to be the House and the Senate. While she child can pursue the American dream. discussed, and we needed experts, may represent Maryland, we all want And she is committed to fulfilling our economists who were credible on this. to claim that we are better off as a country’s promises to our veterans, So I went to BARBARA and she, of country having BARBARA MIKULSKI in which is so important, and to increas- course, said: Oh, yeah. OK. Let’s do it. the U.S. Senate. ing community service and volunta- She is Chair of the Subcommittee on And to my colleagues—or to the rism. Children and Families. I thought that young people who are here with us on As anyone who has watched pro- would be a good place to do it, except the Senate floor—to understand this ceedings here in the Senate knows, I am not on that subcommittee. I am moment and achievement, you have to BARBARA MIKULSKI, as my colleague on the HELP Committee, which this is understand that in the whole history of from Washington stated, is the great- a subcommittee of, but I am not on our country, there have only been 39 est champion in the body for women’s that subcommittee. She said: OK, that women Senators, and a good number of health. Here is something that is pret- doesn’t matter. You come anyway. And those women Senators only served a ty amazing to understand. I want the not only that but: What witness do you few days or a few years. So the fact pages to hear this. She fought to in- want? that somebody has achieved not just a clude women in NIH clinical trials. She let me pick a witness, Art seat in the U.S. Senate but a leadership Women were not included in the Na- Rolnick, an expert in early childhood position in the U.S. Senate is an in- tional Institutes of Health clinical education—on the economics of it— credible achievement. trials until she made sure they were. who started out as an economist at the We are glad she has represented a This is hard to believe, isn’t it? But in Federal Reserve in Minneapolis and got time when women have ascended to your 16 years of life, you—at 16, you into the economic benefits of it. leadership in the U.S. Senate, where cannot conceive of this. This is how She is a true ally. She is someone she is considered one of the wise Mem- who used her resources as chairwoman bers when it comes to strategy on so backward we were. Think of what she did. That is who we are talking about of a committee to make sure some- many policy issues. thing you feel strongly about will be We are better off as a body because today. aired, will be discussed. BARBARA MIKULSKI has served with us, She has improved access for women You learn from BARBARA that what and we are looking forward to many to mammograms and cancer we do around here is not so much about more years of wisdom and, hopefully, screenings—for all women. She has policy, it is about people. For her, it is many more women Senators joining fought for women to have their own about the people of Maryland. She goes the ranks of BARBARA MIKULSKI in say over their own body and reproduc- to bat for them time and time and time their tenure. tive system. Basically what I am say- I thank the Presiding Officer and ing is, when you have BARBARA MIKUL- again. It is about kids. And it is about yield the floor. SKI on your side, you have a strong women, who often have to be both the The PRESIDING OFFICER. The Sen- voice in the U.S. Senate. breadwinner and the caregiver, and ator from Minnesota. We have heard reference to her ac- who should have every right and every Mr. FRANKEN. Mr. President, I rise complishment on the Lilly Ledbetter opportunity at work and in society today also to pay tribute to my col- Fair Pay Act. When advocating for this that men have. league, the senior Senator from Mary- bill, Senator MIKULSKI said: As both a Member of the Senate and land, BARBARA MIKULSKI. Women earn just 77 cents for every dollar as a father of a wonderful daughter, I As everyone has said, this is a land- [their] male counterparts make. Women of am enormously grateful to Senator MI- mark, this is a milestone: the longest color get paid even less. The Lilly Ledbetter KULSKI for being a tremendous role serving woman Senator and Member of Fair Pay Act will empower women to fight model to women in this country, for Congress in the history of Congress, for fair pay by once again making employers having fought her way to the Senate, serving more than 35 years. accountable for pay discrimination. I will and for proving that legislating was As a relatively junior Member of this fight on the Senate floor to get this bill not a man’s job—or only a man’s job— passed. body, I love BARBARA MIKULSKI. I love it is a man’s job too. her because she calls me ‘‘FRANKEN.’’ And the bill was passed. It was the This body is so much the richer for That is music to my ears. We are in the first bill President Obama signed in of- her, and Americans are so much better caucus lunch, I may be in her way, and fice. off as a result. But her work, our work she says: FRANKEN. Senator MIKULSKI and I share a num- is not over. Out of 100 Senators, there I am not only a relatively junior Sen- ber of passions. One of them is early are still only 17 women. Our Nation is ator, I actually kind of recently was a childhood education. Increasing early facing tremendously difficult chal- comedian at one point. And she is real- childhood education—access to it—is lenges, and having more women like ly funny—BARBARA. I remember the one of my top priorities because we Senator MIKULSKI in the room will help first time I saw her speak—it was years know over and over that the benefits of us solve those problems. I am glad she ago, years ago; I cannot remember early childhood education have been is here leading the way. what the event was—and I am going to demonstrated. And BARBARA knows With that, I would like to thank BAR- try to quote her joke. It was her joke, this. BARA for her leadership, her friendship, remember, about herself. She talked I wanted to have a hearing on just and for being such a fierce advocate. about her first campaign effort. I think the economic benefits of early child- Congratulations, BARBARA, on your it was for city council or something hood education—just the economic achievements thus far and on this like that. She said: I knocked on 7,387 benefits—because a child who has a milestone. I look forward to many doors, and I walked a total of 372 miles, quality early childhood education is years fighting alongside you. and I didn’t lose a pound. less likely to be a special ed kid, is less The PRESIDING OFFICER. The Sen- So I love BARBARA. And she is a likely to be left back a grade, has bet- ator from Rhode Island. force—a force—of nature. Being the ter health outcomes; a girl is less like- Mr. REED. Mr. President, I rise, dean of women here is not her most ly to get pregnant before she graduates along with so many colleagues, to pay commanding title. Her most com- from high school, a child is more likely tribute to Senator BARBARA MIKULSKI, manding title is: a fighter. She is a to graduate high school, more likely to an extraordinary woman and Senator, fighter. When she commits herself to a go to college, more likely to graduate someone who has become the longest cause, she is a true champion. college, more likely to get a good-pay- serving woman in the history of the

VerDate Mar 15 2010 05:20 Mar 22, 2012 Jkt 019060 PO 00000 Frm 00045 Fmt 4624 Sfmt 0634 E:\CR\FM\G21MR6.075 S21MRPT1 pwalker on DSK7TPTVN1PROD with SENATE S1918 CONGRESSIONAL RECORD — SENATE March 21, 2012 Senate, indeed, in the history of the evening back to Baltimore. She works that changes. I think it will. It doesn’t Congress. She surpassed, on January 5, hard to ensure that the people in Mary- come close to representing the gender 2011, the record of Republican Senator land benefit because of her activities. makeup of our society. But to go from Margaret Chase Smith as the longest I also thank her for the kindness and 2 female Senators, when she first came, serving Senator. Just this Saturday, help she has given me personally—her to 17 today—and if I can predict elec- she became the longest serving woman concern, for example, with the fishing tions, which none of us can, and we cer- in the history of the Congress, sur- community in Rhode Island, which is tainly cannot try—I think there is a passing the tenure of Edith Nourse under her jurisdiction on the Appro- good chance there will be a number of Rogers, a Republican Congresswoman priations Committee, and in other additional women in this body this from Massachusetts, who served in the ways. She has been terribly important time next year. House from 1925 to 1960. and kind to us. She was instrumental I wish to say a couple more things Senator MIKULSKI is the first female in helping us to secure funding for the about Senator MIKULSKI on a less seri- Democrat to be elected to the Senate HOPE VI project in Newport, RI, which ous note. I have been privileged to in her own right in 1986. She is a has created extraordinary beneficial serve on two committees with Senator woman of many firsts. She is indeed housing for a mix of incomes in New- MIKULSKI—one being the Health, Edu- the dean of the Senate women—I would port. It is one of the most attractive as cation, Labor, and Pensions Com- actually say a dean of the Senate, with well as one of the most stable commu- mittee. During the health care legisla- her great energy, her great eloquence, nities I think anyplace in the Nation. tion, she was so helpful to so many of and her great passion, particularly for She has been there to help us con- the causes we care about and to justice those who are often overlooked in our stantly. in this country, and on the Appropria- society. She comes at it honestly. She I could go on and on, as my col- tions Committee, where she cuts a wide was a social worker in Baltimore, help- leagues have said. I simply want to say swathe of involvement for Maryland ing at-risk children and educating sen- at this special moment in Senator MI- and this country, she champions wom- iors about Medicare before being elect- KULSKI’s career, we thank her, admire en’s health and many talked about this ed to the House of Representatives. her, respect her, and she has set a great earlier. She cares so much about the She has taken that concern for the example for us. In the days ahead, she National Institutes of Health, not just vulnerable and a particular passion for will not only continue to inspire and because it is located in Maryland but the State of Maryland forward every sustain us, she will continue to sustain because it matters so much for sci- day she has served in the House and and lead in her State. entific research, for curing a whole Senate. She has served on numerous I yield the floor. host of diseases and preventing dis- committees. She is a subcommittee The PRESIDING OFFICER. The Sen- eases, and the number of jobs NIH cre- chairperson on the Appropriations ator from Ohio. ates, not just government jobs but the Committee—Commerce-Justice- Mr. BROWN of Ohio. Mr. President, jobs that come out of commercializa- Science. She has devoted herself to some time ago, I was reading a book tion of scientific research. those issues, and many more. She about the beginnings of the interstate My State is one of the leaders; serves on the Select Committee on In- highway system in our country. I came whether the jobs come out of Cin- telligence and has been a key member across a paragraph when the highway cinnati Children’s Hospital, Southwest of the Senate Health, Education, builders and the Federal Government Hospital, and where Case Western Re- Labor, and Pensions Committee. She were going to run the interstate high- serve University is and its medical cen- has left her mark on a broad range of way through some stable middle-class, ter around Cleveland, we see that kind programs that touch each and every working-class neighborhoods of Balti- commercialization. American family. She has been par- more. The highway administration was I often call her Coach B because she ticularly active in women’s health, en- greeted by an organizer who, on behalf is someone who has been around here a suring that women were included in of citizens of this neighborhood, said long time and is always willing to ad- NIH clinical trials, where in the past this is not the place to put this high- vise newer and younger Members. She they were ignored. way. She was successful in convincing has been following, especially in my Since one cannot ignore BARBARA MI- them that the highway should go else- State, what is important, the issue of KULSKI—which is virtually impossible— where so it would not be disruptive of health care. My State has some of the she made it a reality that they cannot so many homes, well-established small leading health care institutions in ignore women in NIH clinical trials, re- businesses, and the cohesive commu- America. Also, what she has done with quiring Federal standards for nity in that part of Baltimore. The the space program—the only NASA fa- mammographies, ensuring uninsured woman who led that effort several dec- cility north of the Mason-Dixon line is women have access to screenings and ades ago was BARBARA MIKULSKI. She in Cleveland, with a satellite in San- treatment for breast and cervical can- was not yet on the city council. She dusky, NASA Glenn, named after cer. She increased research dollars for was a citizen who spoke for her neigh- former Senator and astronaut, John Alzheimer’s and enhanced the Older bors and has continued to do that as a Glenn. She has been one of the strong- Americans Act. member of the city council and then as est advocates for the space program, She has been, since her first days in a Member of the House of Representa- and science, technology, and R&D. She the House of Representatives, at the tives and for many years—31⁄2 decades— has been particularly helpful to me as forefront in advocating for better of the Senate. I fight for the kind of work NASA health care and education particularly We heard Senator REID and others Glenn does in Cleveland, and I am ap- for the most vulnerable among us. She earlier today talk about Senator MI- preciative of her for that. has been a champion of national serv- KULSKI being the first female Democrat I yield the floor, and I suggest the ab- ice, understanding that in a great to serve in both the House and Sen- sence of a quorum. country one has to contribute as well ate—to be elected to the Senate with- The PRESIDING OFFICER (Mr. BEN- as benefit. out succeeding a husband or a father NET). The clerk will call the roll. She said one of the things she is most and first to chair an Appropriations The bill clerk proceeded to call the proud of—in her words—‘‘strengthening subcommittee. Most important, she roll. the safety net for seniors by passing helped to blaze this path. In 1987, there Mr. WHITEHOUSE. Mr. President, I the Spousal Anti-Impoverishment Act. were only two female Senators. One ask unanimous consent that the order This important legislation helps keep was the daughter of a Presidential for the quorum call be rescinded. seniors from going bankrupt while pay- nominee a generation earlier, and the The PRESIDING OFFICER. Without ing for a spouse’s nursing home care.’’ other was BARBARA MIKULSKI. Today, objection, it is so ordered. That is a fitting and representative there are 17 female Members of the (The remarks of Mr. WHITEHOUSE per- example of her service. Throughout her Senate. It doesn’t look like America taining to the introduction of S. 2219 service, she has maintained national yet. There is not anything close to the are printed in today’s RECORD under priorities but has never taken her eye number of minority members as a per- ‘‘Statements on Introduced Bills and off Maryland. She commutes every centage of the population, but I hope Joint Resolutions.’’)

VerDate Mar 15 2010 05:20 Mar 22, 2012 Jkt 019060 PO 00000 Frm 00046 Fmt 4624 Sfmt 0634 E:\CR\FM\G21MR6.078 S21MRPT1 pwalker on DSK7TPTVN1PROD with SENATE March 21, 2012 CONGRESSIONAL RECORD — SENATE S1919 OHIO’S COLLEGE BASKETBALL EXCELLENCE the opening weekend. Local Columbus CAMERAS IN THE COURTROOM Mr. BROWN of Ohio. Mr. President, I leaders and businesses hosted teams Mr. DURBIN. Mr. President, by this rise to talk about a new record that from St. Louis, North Carolina, Michi- time next week, the Supreme Court has been set. It has nothing to do with gan, New York, Tennessee, California, will have finished hearing oral argu- the number of votes the highway bill and Washington, DC, with their fans. ments in the case challenging the con- garnered last week in the Senate, and The city expected a $10 million im- stitutionality of the Patient Protec- it has nothing to do with length of pact on the local community, with tens tion and Affordable Care Act. How im- service of Senator MIKULSKI. of thousands of people staying at ho- portant is this Supreme Court case on For the first time in history, this tels, eating in restaurants, and enjoy- health care reform? Well, health care is year one State has four teams in the ing one of the fastest growing cities in such an important issue that Congress Sweet 16 of the NCAA Men’s Division I America, where, I might add, the Pre- spent 1 year drafting and debating a basketball tournament: Ohio. siding Officer once lived. We saw a bill that the Court is going to consider A special congratulations to the Ohio boost in tourism in northern Ohio, next week. State University, in Columbus; the where Bowling Green hosted the first Health care has been a critical issue University of Cincinnati, in Hamilton and second rounds of the NCAA wom- for so long in our country that in the County; Ohio University, in Athens, en’s basketball tournament. Organizers last century, nine different Presidents OH; and Xavier University, also in Cin- in Bowling Green said the games were have spent time, energy, and political cinnati, for their outstanding run so more than about basketball, it was capital fighting for reform. It is so im- far and making our entire State proud. about people from across the Nation portant that the Supreme Court re- I am hosting, for the fifth time, an coming to town and boosting the sales served 6 hours for oral argument over annual Ohio College President’s Con- of small businesses. the course of 3 days to consider the ference next week. We bring in 50 to 60 All the excitement and economic ac- act’s constitutionality. The last time college presidents to meet with each tivity goes to show that Ohio is a tre- the Court dedicated that kind of time other and with me and we bring in peo- mendous attraction of basketball tour- to any one case was in 1966—if I am not ple from the administration, Repub- ism and basketball talent. As the tour- mistaken, that was 46 years ago—when licans and Democrats, House and Sen- naments continue, and Ohio’s teams it considered Miranda v. Arizona. Not ate Members, who lead on higher edu- continue to win, I look forward to even the health care case is important cation issues. We bring 55 or 60 college working with our communities and our enough for the Supreme Court to jus- presidents in from Ohio for a day and a business leaders to further leverage our tify breaking its antiquated tradition half, and there are public and private assets in tourism and recreation to of allowing cameras to televise the pro- institutions, 2-year community col- help create jobs throughout our State ceedings, so the American people are leges, and 4-year colleges and univer- and to promote economic development. not going to have a chance to see and sities. They learn best practices from I thank the Presiding Officer, I yield hear these historic arguments for one another. They build relationships the floor, and I suggest the absence of themselves as they take place. that help all 55 or 60 of these college a quorum. I cannot predict the outcome of the The PRESIDING OFFICER. The Presidents to do better. case, but I can tell you what to expect clerk will call the roll. Perhaps, we will talk more about col- just outside the doors of the Supreme The legislative clerk proceeded to lege sports this year because of these Court. It is a scene we have seen over call the roll. four Ohio teams that made the Sweet Mr. DURBIN. Mr. President, I ask and over again for decades. Thousands 16. unanimous consent that the order for will gather outside the Court. Many We also know another point of ref- the quorum call be rescinded. are going to camp overnight, sleeping erence for Ohio this year was that The PRESIDING OFFICER. Without on the sidewalk in the hopes of getting March Madness started in Dayton, in objection, it is so ordered. about 1 of 200 seats available to the what has become an important tradi- Mr. DURBIN. Mr. President, I ask public. The vast majority of those tion to Miami Valley and our country. unanimous consent that following wanting to see the Supreme Court ar- This weekend, before the games start- morning business on Thursday, March gument on one of the most important ed, Dayton’s Oregon District hosted 22, the Senate resume consideration of cases of our time will be told: No, you the First Four Festival, where 15,000 H.R. 3606; that the time until 12:30 p.m. are not allowed to come inside the people crowded local restaurants and be equally divided between the two Court. We don’t have room for you. In bars, listened to live music, and leaders or their designees; that at 12:30 a democratic society that values trans- watched games on big screens. p.m., the postcloture time be consid- parency and participation, there can- A few days later, President Obama ered expired and the Senate proceed to not be any valid justification for such and British Prime Minister David Cam- votes on the following: Reed No. 1931, a powerful element of government to eron came to the same city where the Merkley No. 1844, as amended, if operate largely outside the view of the Dayton peace accords were negotiated amended, and passage of H.R. 3606, as American people. and joined the Dayton community and amended, if amended; that there be 2 For too long the American people teams from Kentucky, Mississippi, New minutes, equally divided in the usual have been prevented from observing York and Utah and their fans to watch form in between the votes; that upon open sessions of the Supreme Court. the first rounds of the NCAA Division I disposition of H.R. 3606, the Senate Except for the privileged few, the VIPs, men’s tournament at the UD Arena. then proceed to the consideration of the members of the Supreme Court bar The UD—University of Dayton—Arena the House message to accompany S. or the press, the most powerful Court now holds the national record for the 2038, the STOCK Act; that there be 4 in our land—some might argue in the number of NCAA basketball tour- minutes of debate, equally divided in world—is inaccessible to the public and nament games held in a single venue. the usual form prior to the vote on the shrouded in mystery. The business community in Dayton, motion to invoke cloture on the mo- I am pleased to stand in the Judici- one of the most active in the country— tion to concur in the House message to ary Committee with Senator GRASS- the Dayton Development Coalition— accompany S. 2038; that if cloture is in- LEY, the ranking member of the Judici- rallied together to make sure military voked on the motion to concur, that all ary Committee, asking that the Senate families from Wright-Patterson Air postcloture time be yielded back, the pass our bipartisan bill that would re- Force Base were able to attend, and motion to concur with an amendment quire televising open Supreme Court $3.5 million was pumped into the local be withdrawn, and the motion to con- proceedings. With the benefit of mod- economy, showcasing the Miami Val- cur be agreed to; that the motions to ern technology, the Supreme Court ley’s world-class tourism infrastruc- reconsider relative to the above items proceedings can be televised using un- ture of hotels, parks, entertainment, be considered made and laid upon the obtrusive cameras and the Court’s ex- and recreation. table; and that all after the first vote isting audio recording capability. Our We saw the same thing later in the be 10-minute votes. bill respects the constitutional rights week in the Arena District of Colum- The PRESIDING OFFICER. Without of the parties before the Court and re- bus, where the city hosted games on objection, it is so ordered. spects the discretion of the Justices.

VerDate Mar 15 2010 05:20 Mar 22, 2012 Jkt 019060 PO 00000 Frm 00047 Fmt 4624 Sfmt 0634 E:\CR\FM\G21MR6.080 S21MRPT1 pwalker on DSK7TPTVN1PROD with SENATE S1920 CONGRESSIONAL RECORD — SENATE March 21, 2012 The Court can decline to televise any dium for communicating messages and most involved concluded that the pres- proceeding where the Justices deter- ideas in modern America. It is not too ence of cameras in the Federal courts mine by a majority vote that doing so much to ask the third branch of gov- ‘‘had no effect on the administration of would violate due process rights of one ernment at the highest level to share justice.’’ or more parties. the arguments before the Court with Don’t take my word for it. Kenneth In our view—Senator GRASSLEY and the people of America. Understand, Starr, former Solicitor General and myself—this is a reasonable approach there will be hundreds of people independent counsel, supports our bill that balances the public’s need for in- present and watching this as it occurs. and said this: formation and transparency, the con- It is not confidential or private. It is This fear seems groundless . . . The idea stitutional rights of those before the only kept away from the rest of Amer- that cameras would transform the [Supreme Court, and the discretion of the Jus- ica because this Court doesn’t want Court] into ‘‘Judge Judy’’ is ludicrous. tices. America to see the proceedings. For more than 30 years State courts It is no secret that Senator GRASS- The Supreme Court is an elite insti- have broadcast their proceedings and, LEY and I have strong disagreements tution in our government. Every mem- in fact, what they found hasn’t de- about the actual law that is going to be ber of the Supreme Court went to one tracted at all from the pursuit of jus- considered by the Court. We have of two Ivy league law schools. Most of tice. Every State in our Nation permits taken to the floor many times to ex- the clerks before the Court come from all or part of the appellate court pro- plain our positions. Despite our dis- one of seven law schools. None of the ceedings to be recorded for broadcast agreement on the substance of the current Justices has run for public of- on television or streaming on the health care bill, Senator GRASSLEY and fice. None of the current Justices has Internet. Expanding access to the Su- I agree on a bipartisan basis to stand tried a death penalty case. And the preme Court by televising its pro- united in full support of S. 1945, which lawyers who appear before the Supreme ceedings should not be controversial. would finally bring transparency and Court are part of a small and exclusive Public scrutiny of the Supreme Court open access to Supreme Court pro- club. Perhaps this limited exposure is proceedings produces greater account- ceedings. why many on the Court don’t seem to ability, transparency, understanding, We are not the only Members of this fully appreciate the impact its deci- and access to the decision-making in body who believe these proceedings sions have on everyday America, and government. Congressional debates would produce greater accountability. why the American people deserve to have been fully televised for more than In past years the Cameras in the Court- have more access to the Court’s public three decades. room Act enjoyed bipartisan support. proceedings. Since the Supreme Court There are people who follow the C– The last sponsor of the act before he is the final word on constitutionality, SPAN broadcast religiously. I know. I left the Senate was Senator Arlen on issues that impact the lives of every meet them regularly. As I said in the Specter of Pennsylvania. This version American, the American people should Judiciary Committee, people will come of the bill, very similar to his own, has have full and free access to its open up to me and say: One of your col- the support of Senators CORNYN, KLO- proceedings on television. leagues looks a little bit under the BUCHAR, SCHUMER, BLUMENTHAL, GILLI- Let’s be clear about one thing: Our weather. Does he have the flu? Is he BRAND, HARKIN, and BEGICH. As Senator bill only applies to court sessions that sick? By observing C–SPAN or fol- GRASSLEY would note, Democrats and are already open to the public. Su- lowing the floor of the Senate and Republicans from both Chambers have preme Court Justices should be able to knowing each of us, they think on a written to the Supreme Court asking it consult with each other, review cases, more personal basis. They hear these to permit live televised broadcasts of and deliberate privately. No one in this statements, they listen to the debates, the health care reform arguments. bill, or otherwise, is calling for those and they feel better informed about In November, Senators BLUMENTHAL, private deliberations to be televised. I their government. Wouldn’t the same SCHUMER, and I wrote a letter to the believe that televising private delibera- apply across the street in the Supreme Chief Justice making a request to open tions or closed sessions of the Court Court? the Supreme Court for this historic ar- would cause harm to our judicial sys- Opponents of our bill say the public gument and let America hear the argu- tem. Our bill does not require that and will be misinformed because all they ments made before the Court and the I would not support that. Open sessions see are brief clips of the Court’s pro- questions asked by the Justices in open of the Court, however, where members ceedings that could be misconstrued. court. Chief Justice Roberts responded of the public are already invited to ob- As I said, this argument sounds a lot to our request last week, and it sounds serve are a different matter. They like an editorial from a few years ago, as though he sent the same letter to should be televised in real time and and it said: Senator GRASSLEY. The Chief Justice widely available. Keeping cameras out [of the Supreme informed us that the Supreme Court Some who oppose our bill say that Court] to prevent people from getting the has respectfully declined to televise the elite cadre of seasoned lawyers wrong idea is a little like removing the the health care arguments, but that with the rare opportunity to argue be- paintings from an art museum out of fear the Court would graciously offer an al- fore the highest Court in the land will that visitors might not have the art history ternative. grandstand in front of the cameras, background to appreciate them. Here is the alternative: The Court risking their professional reputations In 1986, Chief Justice Burger wrote will post the audio recordings and un- and even their clients’ cases. Some say the following words in the Supreme official transcripts to the Court’s Web that the Court’s Justices, who have Court’s Press-Enterprise Company v. site a few hours after the arguments been subjected to the most rigorous Superior Court opinion. These words are over. For that gesture, I guess we vetting process known to man and the are as true today as they were in 1986: can congratulate the U.S. Supreme most widely covered confirmation [P]eople in an open society do not demand Court for entering the radio age. Amer- hearings, will shrink from the camera’s infallibility from their institutions, but it is ica entered the radio age 90 years ago. glaring lens. I don’t buy it. The experi- difficult for them to accept what they are The Supreme Court is catching up with ence of the State and Federal courts prohibited from observing. a delayed broadcast-audio only. But I that have allowed the open proceedings The time has long since come for the think America deserves better. to be televised proves these fears are Supreme Court—for the highest Court Decisions that affect our Nation unfounded. in our land—to open its doors and should be accessible by the people who While the Federal courts of appeals allow the American people to finally are affected by those decisions and have not permitted cameras to broad- observe its proceedings. they should be produced in a way that cast all appellate proceedings, there UNANIMOUS CONSENT REQUEST—S. 1945 Americans can both see and hear. The was a 3-year pilot project in 1990 that Mr. DURBIN. Mr. President, at this day of the fireside chat is gone. The assessed the impact of cameras in the point I wish to make a unanimous con- day of radio transmissions exclusively Federal courts. Listen to what hap- sent request relative to this bill that is gone. Television—and increasingly pened as a result of the pilot program. would open the Supreme Court pro- even the Internet—is the dominant me- At the end of the day 19 of the 20 judges ceedings to be televised.

VerDate Mar 15 2010 03:58 Mar 22, 2012 Jkt 019060 PO 00000 Frm 00048 Fmt 4624 Sfmt 0634 E:\CR\FM\G21MR6.082 S21MRPT1 pwalker on DSK7TPTVN1PROD with SENATE March 21, 2012 CONGRESSIONAL RECORD — SENATE S1921 I ask unanimous consent the Senate The PRESIDING OFFICER. Objec- REMEMBERING FURMAN BISHER proceed to the consideration of Cal- tion is heard. Mr. ISAKSON. Madam President, endar No. 319, S. 1945, a bill to permit The Senator from Alabama. this past weekend, Georgia lost a great the televising of Supreme Court pro- Mr. SESSIONS. Mr. President, I ask citizen. Furman Bisher died in Fay- ceedings; that the bill be read a third unanimous consent that the Senate etteville, GA, on Sunday afternoon of a time and passed; and the motion to re- proceed to the immediate consider- tragic heart attack. He was the pre- consider be laid upon the table with no ation of Calendar No. 247, S. 671; that mier sports writer in the United States intervening action or debate. the committee-reported amendment to of America, covered every Super Bowl, The PRESIDING OFFICER. Is there S. 671 be agreed to, and the bill, as every Masters, was at every major objection? amended, be read a third time and heavyweight fight. Mr. SESSIONS. Mr. President, re- passed. serving the right to object, I want to From the day he started on his Royal The PRESIDING OFFICER. Is there manual typewriter until the day he congratulate my colleague Senator objection? DURBIN for his able articulation of his died, he typed on that same manual Mr. DURBIN. Reserving the right to typewriter that was over 60 years old. view. This is a matter that the Senate object, it is my understanding the Ju- and the Congress has considered for He was a brilliant writer, a compas- diciary Committee staff has been work- sionate individual, a great friend, and quite a number of years. It has not de- ing on a package of important Judici- cided to take this step to direct a co- someone I looked up to very much. He ary Committee bills, including the was a pacesetter. He actually got the equal branch of government on how to ESSIONS has asked very bill Senator S only interview of Shoeless Joe Jackson conduct their business, and I don’t unanimous consent to move to—a bill ever done by a reporter. He did it be- think we should. So I think it would be which I quite likely will support. cause of his cunning ability to be in inappropriate to pass this on a UC Would the Senator be willing to mod- the right place at the right time, and without a full debate and discussion ify his request to include the passage of that twinkle in his eye that always and a full vote on it. other bills which are part of that pack- made you want to take to Furman So I would say that. age and have similarly important ele- Also, I would note the Justices have Bisher. ments to them in terms of keeping opposed this policy. I think we have a So as on the floor of the Senate America safe? They include the fol- duty to respect the coequal branch of today I pay tribute to Furman and his lowing: Calendar No. 246, S. 1792, the our government. They feel as though it life, to all of his accomplishments in Strengthening Investigations of Sex would impact adversely the tenor and terms of the writing of sports in our Offenders and Missing Children Act; tone of the oral arguments. The Jus- State and around the world. To his Calendar No. 233, S. 1793, the Investiga- tices would also have to feel a burden family and loved ones, I extend my tive Assistance for Violent Crimes Act; and explain why they are asking a sympathy on behalf of not just myself and discharging the Judiciary Com- question, perhaps citing a case by but all of the citizens of Georgia. name that all the lawyers would know mittee from further consideration of S. f but having to explain to nonlawyers 1696, the Dale Long Public Safety Offi- now what is on their minds as a part of cers’ Benefits Improvements Act; IRISH E3 VISA BILL agreeing to a substitute amendment their process of questioning. So I think Mr. DURBIN. Mr. President, yester- that is a factor. which is at the desk, and passing the bill, as amended? day afternoon I had the honor of at- I would also note it raises constitu- tending the annual Speaker’s Lunch- tional questions. Why would we want The PRESIDING OFFICER. Does the Senator so modify his request? eon celebrating the long and enduring to push to the limit and perhaps push partnership between the Irish and over the limit and try to dictate to a Mr. SESSIONS. Mr. President, I ap- American people. Among the guests of coequal branch how to conduct the ad- preciate the suggestion by the Senator honor were the President and Vice judicative process? Not the political from Illinois, as I believe I will be able President and Irish Prime Minister process; we are the political branch. to support all those bills, but I have in- Enda Kenny. And this past Saturday, Theirs is the nonpolitical branch, formation that Senators on our side St. Patrick’s Day, I joined Prime Min- where Justices are given lifetime ten- oppose or have objections to two of ister Kenny, Illinois Governor Pat ure so as to insulate them from pres- them and would like to offer amend- Quinn and Chicago Mayor Rahm Em- sure and to allow them to dispassion- ments or modify them. So I am not manuel to march in Chicago’s annual ately decide complex issues. I would able to agree on behalf of colleagues St. Patrick’s Day parade. As one of the also note that in terms of what is said that all the bills would be passed as and how an argument goes, there is no written. 40 million Americans of Irish descent, difference, I suppose, between that and Mr. DURBIN. Mr. President, until the the chance to celebrate St. Patrick’s what goes on in chambers when the time comes—and I hope it is soon— Day with the Prime Minister of Ireland Justices meet in private and talk about when we can reach an agreement on all twice in 4 days is a rare joy. what issues are before the Court and four bills, I will object to moving one At the parade on Saturday, Prime how they should be decided. bill in the package. Minister Kenny hailed Chicago as ‘‘the What is important in the adjudica- The PRESIDING OFFICER. Objec- most American of American cities.’’ It tive branch? What is the criteria and tion is heard. is also the most Irish of American cit- the fundamental essence of a judicial The Senator from Alabama. ies, home to the largest population of proceeding? Ultimately, it is the judg- Mr. SESSIONS. Mr. President, I Irish-Americans in the United States. ment. The judgment speaks. The argu- would note that the Presiding Officer is On St. Patrick’s Day in Chicago, the ments don’t speak. The in camera dis- a cosponsor with myself of S. 1792, the river and the beer both run green and cussions don’t speak. The judgment Strengthening Investigations of Sex it seems that everyone is Irish either itself represents the opinion of the Offenders and Missing Children Act of by heritage or simply by osmosis. Court. It is the law and the defining 2011, and perhaps we will be able to There is good reason that Americans process. make that work sooner or later. I am of all backgrounds embrace St. Pat- I appreciate very much the work of sure we will. rick’s Day with such enthusiasm. From my esteemed colleague. I know he f our earliest days as a nation, America loves the law; we both do. He believes and Ireland and America have been this would improve justice in America. MORNING BUSINESS united by unbreakable bonds of friend- I can’t conclude that to be correct. I Mr. DURBIN. Mr. President, I ask ship and family and by a shared com- believe Justices should be given the re- unanimous consent that the Senate mitment to liberty and freedom. sponsibility to conduct their branch proceed to a period of morning business In fact, there might not be a United consistent with their best judgment of with Senators permitted to speak States of America were it not for the how do to it. Therefore, I object. I therein for up to 10 minutes each. Irish. That is not just my opinion. That thank and respect my colleague for his The PRESIDING OFFICER. Without was the assessment of General George different opinion. objection, it is so ordered. Washington and of Britain’s Lord

VerDate Mar 15 2010 03:58 Mar 22, 2012 Jkt 019060 PO 00000 Frm 00049 Fmt 4624 Sfmt 0634 E:\CR\FM\G21MR6.083 S21MRPT1 pwalker on DSK7TPTVN1PROD with SENATE S1922 CONGRESSIONAL RECORD — SENATE March 21, 2012 Mountjoy, who, in a speech to Par- land’s economy will recover from its Senator SESSIONS: In the spirit of love, I liament declared plainly, ‘‘We have current difficulties. But with Irish emi- pray that everything we do and say from this lost America through the Irish.’’ gration higher than it has been in dec- head table and from around each table would The largest ethnic group to sign the ades, it is in the interests of both Ire- be pleasing to you. Thank you for the good food and fellowship we enjoy at this break- Declaration of Independence were land and America that we act now, fast and may your Spirit fill this great hall, those with Irish roots, Charles Dunlop without delay, to create a fair and Amen. of County Tyrone printed the first cop- legal way for Irish citizens to work MARK and I and many, many others have ies, and the first man to read it before temporarily in America. been working on, and praying for, this re- Congress was Charles Thomson of Twenty-nine years ago, Speaker Tip markable breakfast for months now and we Derry, Secretary of the Continental O’Neill hosted the first St. Patrick’s are all excited to share it with you. I think Congress. When the Continental Con- Day luncheon in Congress. His special we have all had two different experiences of gress was in desperate need of finances, what can happen when we bring faith into guest at that first Speaker’s St. Pat- the world of government and business. Some- supporters in Dublin, Cork, and other rick’s Day Luncheon was another Irish times it creates conflict and when we look at Irish cities took up collections to help American leader who said, when he vis- our planet’s history, even wars. But at other the struggling new nation. Irish-born ited Ireland, ‘‘Today I come back to times, more often really, true faith can be a generals ranked among Washington’s you as a descendant of people who were reconciling force of amazing power, a power most trusted officers and Irish soldiers buried here in pauper’s graves.’’ that can make an entire society better. As formed the backbone of Washington’s That special guest was President Ambassador Andrew Young said last night at army. At Valley Forge, it is estimated Ronald Reagan and that first Speaker’s the Southeastern dinner, the civil rights that almost half the army was Irish. movement, the non-violent movement that Luncheon was arranged to try to ease overcame bigotry and hatred in a way that In the more than 2 centuries since tensions between the two leaders, who could not have been done any other way, was then, America has been enriched im- embodied very different political tradi- done in the Spirit of Jesus. measurably by the contributions of the tions, but who shared a love of Ireland We all have somewhat different religious Irish and Irish-Americans in every field and of their Irish heritage. histories. In my faith walk as I studied the and every walk of life. The plan worked. While Ronald life of Jesus, it seems His approach was al- Twenty American Presidents—nearly Reagan and Tip O’Neill never did see ways to see the people who are considered to be outsiders, or who had withdrawn, He tried half—can trace their lineage to Ireland, eye-to-eye on politics, they formed a from George Washington to Barack to bring them all in. All those lepers, Sa- respectful relationship that enabled maritans and disabled people and poor people Obama of the Kearneys of Moneygall. them to work together in America’s in- and folks like the woman at the well—they And the contributions go both ways. terest. So I ask our Republican friends: had been pushed out, or had withdrawn, but Just as the sons of Erin helped make Let us walk in the footsteps of Ronald Jesus brought them in. I think that is the George Washington America’s first Reagan and Tip O’Neill and work to- kind of approach we want to embrace in this President, it was a son of America, gether to pass the Irish E3 visa bill this breakfast and everything that flows out of Brooklyn-born Eamonn deValera, who, year. it. We want to bring everyone in and to be in in 1921, became the first president of a harmony with God’s will and to share in f God’s love. free Ireland. Senator PRYOR: Senators have been meet- In December, Senators SCHUMER, 60TH NATIONAL PRAYER ing in a breakfast group for over six decades LEAHY and I introduced an amendment BREAKFAST now. As friends, we gather to pray every that recognizes the special relationship Mr. SESSIONS. Mr. President, on be- Wednesday when the Senate is in session. To give you a picture of how long that group has between the United States and Ireland. half of Senator PRYOR and myself, I Our Irish E3 visa amendment would been in existence, the Senate breakfast ask unanimous consent that the tran- group has met about one time for every per- allow a small number of Irish citizens— script of the 60th Annual National 10,500 a year—to work in America for 2 son in this room. We come together to pray Prayer Breakfast be printed in the for each other and work for the Senate and years, pay taxes and contribute to So- RECORD. of course for the country. Once a year we in- cial Security. There being no objection, the mate- vite you all into the fellowship together to Our proposal is an amendment to the rial was ordered to be printed in the pray for world leaders and especially for our Fairness for High-Skilled Immigrants RECORD, as follows: President. Act, which passed the House last No- Some of you have heard that things can be Senator MARK PRYOR: Good morning. vember with overwhelming bipartisan better in Congress and that is true. I think a Thank you all for being here. It’s great to good place to start would be to remember support. Shortly after we introduced have you here. I want to thank all of you for our amendment, my colleague from Il- just a few simple, yet powerful words. Love making your way to this very special event one another as I have loved you. Forgive and linois, Senator KIRK, and Senator in the life of our country and our world. We you will be forgiven. Love your enemies and BROWN of Massachusetts introduced a invited you, and you came, and we appre- pray for those who persecute you. We don’t similar measure. ciate it. When I say ‘‘we’’ I mean co-chair need a constitutional amendment or some Our proposal is a common-sense JEFF SESSIONS of Alabama and many of the big Congressional reform, we just need to measure that would improve the fair- members of the U.S. Congress who are the start acting better and Jesus gives us the ness and efficiency of our immigration real life hosts of this breakfast this morning. place to start. It’s simple but it’s hard. We On behalf of all of us, the House and the Sen- need to love and pray for people who disagree system and further strengthen Amer- ate members, we certainly want to say ica’s special relationship with Ireland, with us. We hope you will be loving and be thank you for joining us here this morning praying for us and with us this morning in a nation to which we owe so much. and thank you for praying and for building this special time today and when you return Our proposal has the support of the friendships and to try to make this a better home. Ancient Order of Hibernians, the Irish world. I have a letter from a very special friend of Lobby for Immigration Reform, Chi- Senator JEFF SESSIONS: As with all our ours and he writes to the folks who are at- cago Celts for Immigration Reform Prayer Breakfasts over the last six decades, tending the National Prayer Breakfast. headed by my friend Billy Lawless of we are gathering in the Spirit of Jesus of Letter from Rev. Billy Graham read by Nazareth. He was open, curious, compas- Chicago, and many other organiza- Senator PRYOR: sionate, inclusive and humble—a good exam- I want to convey my personal greetings to tions. ple for all of us in public life and for all of us each of you assembled this morning for the All 53 Democratic Senators—a solid living anywhere for that matter. He was lov- National Prayer Breakfast. I miss being with majority of this Senate—have also ing, in a word, and that is the way to de- you all, having been a part of this annual pledged their support for our proposal. scribe the spirit in which we attempt to event sponsored by the House and Senate Despite this broad support inside and gather in today. prayer group since the very beginning, often outside of Congress, at this time there Senator PRYOR: Let us just join together in as a speaker. Though age and health prevent is an objection on the Republican side the spirit of reverent prayer: God of the uni- me from being there in person, I am with you verse and of each and every one of us, we in spirit and you are in my heart. to passing our bill. welcome your presence, your truth and your I want to say a special word of encourage- We want to work with our Repub- love to our event. Bless us we pray with the ment to the many friends meeting today lican colleagues to break this impasse change of heart and change of mind we all from across the country and across the and create the Irish E3 visas this year. need today. We love you and we want to draw world, especially President Obama and his As Prime Minister Kenny has said, Ire- near to you this morning. wife Michelle and Vice President JOSEPH

VerDate Mar 15 2010 03:58 Mar 22, 2012 Jkt 019060 PO 00000 Frm 00050 Fmt 4624 Sfmt 0634 E:\CR\FM\G21MR6.028 S21MRPT1 pwalker on DSK7TPTVN1PROD with SENATE March 21, 2012 CONGRESSIONAL RECORD — SENATE S1923

BIDEN and his wife Jill for whom I pray every We are also joined by our colleague, Dr. ant David, my father. When he lived his life day as the Scriptures command us to do. The TOM COBURN who passionately represents the before you in faithfulness and uprightness National Prayer Breakfast is one of the most people of Oklahoma and the Senate. He will and in integrity of heart, you have continued amazing gatherings as people from most of give us a reading from the Scriptures. If you this most faithful love to him by allowing the nations of the world, representing every know TOM, you know that his faith impacts his son to sit on the throne today. Now my race, color, creed, religion and political af- his life, and we all know that. Next, I have God, you have made me your servant king in filiation, or none, come together in the name the honor and privilege of introducing my succession to David, my father. of Jesus to focus on his teachings and follow wife, Mrs. Mary Sessions, my partner for 42 ‘‘But I am a very young man, unskilled in his example of how to live and love each years who has enabled me to be able to serve, leadership and here is your servant sur- other. and has provided us with three children and rounded by your people whom you have cho- Throughout my ministry spanning more five grandchildren. sen, of people so numerous that its number than 60 years, I have tried to lift up the We are very grateful once again to wel- cannot be counted or reckoned.’’ So Solomon name of Jesus to audiences and individuals come the First Lady of the United States, said, ‘‘give your servant a heart to under- in many of the countries you represent today Michelle Obama. None of us can even imag- stand how to govern your people, how to dis- against the backdrop of polarization in our ine the burdens that you carry as the spouse cern between good and evil, for how could nation this election year and the tensions and the leader of our nation. We thank you one otherwise govern such a great people as across the globe due to war, disease, poverty and pray for you and honor your work on the yours?’’ It pleased God that Solomon should and other problems. I pray that foundation behalf of the health of our nation’s children have asked for this. ‘‘Since you have asked of unity you embody around the person of and all Americans. for this,’’ God said, ‘‘and not asked for long Jesus may be an example to the world and a Senator PRYOR: Mr. President, did you life for yourself or riches or vengeance upon catalyst for peace, freedom and reconcili- hear the little thing about the national your enemies, but have asked for discerning ation as each of us discovers in our own championship? This year it was Alabama, judgment for yourself here and now, I do hearts the love and forgiveness He offers to last year it was Auburn, it never stops. You what you ask. I give you wisdom and under- those who seek and turn to him in repent- see what I have to put up with? standing as no one has ever had before and ance and faith. May God richly bless your What most people don’t fully realize is no one will have after you.’’ The whole world time of fellowship and inspiration this morn- that the government is a team sport. We are sought audience with Solomon to know the ing. And may the Lord give each of you a all thankful to have our tireless and pas- wisdom God had put in his heart. special sense of the Spirit as you pray to- sionate Vice President running all over the May our message from this reading be that gether and pray in Jesus’ name, signed Billy country and all over the world to accomplish we have the humility to ask God for what Graham. our country’s most important work, Vice pleases him so that we can do his work. ESSIONS Senator S : Jesus said that if we had President JOE BIDEN. Amen. faith as small as a mustard seed, we could The next person I want to introduce is my Representative PAUL BROUN: Good morn- move mountains. We experience a similar wife, Jill Pryor, the best person in the world. ing. I am Dr. PAUL BROUN. I am a physician miracle when we hear the size of the voice You have already met Jackie Evancho. She and a Representative from the 10th Congres- that comes out of the relatively small body is going to sing one more song in a few min- sional District in Georgia, and a Republican. of our singer, Jackie Evancho. She is eleven. utes but I think after that she has to leave And this is my friend, MIKE MCINTYRE. As God has given her an extraordinary gift and here and go study for a spelling test. Sitting Senator PRYOR just told you, he is a black we are thrilled she is here to share it with next to her is her mother, the proudest belt so I am going to be careful with what I us. Please welcome Jackie Evancho. mother in the room, Mrs. Lisa Evancho. am going to say about him. He is a Demo- Song ‘‘To Believe’’, sung by Miss Jackie Thank you both for being here. crat, a blue dog Democrat, who represents Evancho Shortly we are going to hear a greeting North Carolina. Senator PRYOR: Wow, thank you Jackie. from our counterparts who lead the House I am also a member of the Gideons, so if That was phenomenal. Thank you so much. prayer breakfast group. They make those of you didn’t have a Bible in your hotel room, We have quite the head table here. We have us at the head table feel extra safe because please let me know and we will be sure to get the runner up to America’s Got Talent, the one is a doctor and the other is a black belt you one. In fact, I am a Gideon because it winner of the Heisman Trophy, the winner of in Tae Kwando. One kind of tears you up and was a Gideon Bible that led me to the Lord. the Nobel Prize and the most powerful one tears you down, namely Congressman I accepted Him as my Lord and Savior some woman in American history, so thank you MACINTYRE of North Carolina and Congress- time ago. We thank you for coming to the all for being here. ROUN Senator SESSIONS: Pretty impressive but man B of Georgia. Thank you for being breakfast today, especially our honored when we come before God, all the fancy ti- here. guests from all around the world. We are up tles are brought down and the humble reg- One of the people in the room who needs no here to bring greetings from our weekly Con- ular people are raised up. We are all equally introduction is Minority Leader NANCY gressional House breakfast group and to give of value before our Creator. Allow me to in- PELOSI. We thank her for her inspiring serv- you a bit of a sense of what goes on there. troduce some of our presenters who will ice to the country and her support for the We pray, we study the Scriptures, we share come to the podium when their turn arises. prayer breakfast over the years. We look for- our family struggles and needs and our per- As a Senator representing the national ward to the Scripture that she is about to sonal needs. We even try to sing sometimes. champion Alabama—I never get tired of slip- read. Madam Leader. We call it the best hour of the week because ping that in—I get to introduce the football Representative NANCY PELOSI: Thank you it absolutely is. It is where Democrats and player. We are proud to have a Baylor Bear very much to Senator PRYOR for the invita- Republicans can come together, put politics with us, Mr. Robert Griffin III, RG3, the win- tion to read from the Holy Scriptures this aside, put partisanship aside. And we are just ner of the 2011 Heisman Trophy. He excelled morning. Let us all be grateful for the fel- personal friends, brothers and sisters in at finishing drives and games so we have lowship that brings us all together with our Christ. And we worship our God together. asked him to do our closing prayer. President of the United States and the First Over 25 years ago Jesus Christ changed my We always honor our nation’s military Lady, the Vice President—who said after life when I accepted him as my personal Lord each year by asking one of their own to be a Jackie finished singing, ‘‘now I know how and Savior. He gave me not only a personal part of the program. Today we are proud to the angels sound, so beautiful’’—the fellow- peace but he gave me a purpose in my life to have Colonel Kelly Martin, an active duty ship that brings us together as colleagues, serve him and to live for him. There is no Air Force officer who serves in the oper- our international guests and of course most rule that says I have to check my faith when ations directorate of the Joint Staff at the of all our men and women in uniform who I go through the doors of the House cham- Pentagon. During her career as a pilot, she give us the opportunity to exercise freely our bers. I could not do that if I wanted to. I am did countless in-flight refueling, so she faith. always eager to talk about what God has knows a thing or two about prayer. She will I am honored for the opportunity to read done for me and in my life and how he has lead us in a prayer for American national from the Holy Scriptures, from the Old Tes- changed me, how he saved me and made me leaders. tament. When I was asked by Senator PRYOR a child of God. I am thankful for our House Next is Congressman and Dr. PAUL BROUN to do so, I went right to Solomon. We all group. The people who founded the United from Georgia. Both he and Congressman know over the ages that King Solomon has States were people who prayed, they knew MCINTYRE lead the House breakfast group. been recognized for his great wisdom, but it the Scriptures. It is good for the whole na- Every ship has an anchor and in our Senate is really important to note that his wisdom tion to follow their example in honoring the breakfast prayer group, Senator DANIEL sprang from humility, and that must be our God that created each and every one of us AKAKA of Hawaii has been our anchor for prayer. Solomon’s prayer is heralded in at and his Son who died for us all. many years. We are going to miss him when least two books of the Bible, the Second Representative MIKE MCINTYRE: Thank you he retires. We have asked him to say our Book of Chronicles and the First Book of Paul. I am MIKE MCINTYRE. Serving in Con- prayer for world leaders. I have not known Kings. A reading from the First Book of gress is a great privilege but it is also a tre- anyone, from Alabama or elsewhere, who has Kings: mendous challenge. I am very thankful that better lived their life in the Spirit of Jesus God appeared to Solomon in a dream dur- I get to meet with my colleagues from both than has DANNY AKAKA. DANNY, thank you ing the night. God said, ‘‘ask what you would sides of the aisle to come together in our for all you do to make the Senate and our like me to give to you.’’ Solomon replied, breakfast group where we can share heart to government and nation a better place. ‘‘You showed most faithful love to your serv- heart.

VerDate Mar 15 2010 05:20 Mar 22, 2012 Jkt 019060 PO 00000 Frm 00051 Fmt 4624 Sfmt 0634 E:\CR\FM\G21MR6.002 S21MRPT1 pwalker on DSK7TPTVN1PROD with SENATE S1924 CONGRESSIONAL RECORD — SENATE March 21, 2012 Washington, D.C. usually focuses just on Jesus said to him, ‘‘you shall love the Lord a member of the elite one per cent, I cannot the surface, on the labels and where you your God with all your heart, with all your afford this. come from and who you are supposed to be soul and with all your mind.’’ This is the We joke, but I know who puts this event identified with. Our weekly group allows us first and the greatest commandment and the on. They are a highly secret, indeed a nefar- to go deeper and to build friendships. I also second is like it, that you should love your ious organization. They call themselves ‘‘the want to tell you about a new tradition. Dur- neighbor as yourself. On these two com- family.’’ You see, the family not only runs ing the first vote of each week on Monday or mandments hang the law and the prophets. A this event, they run everything that is hap- Tuesday night, depending on when we go new commandment I give to you that you pening in the world. We, and of course I into session, several House members step love one another as I have loved you, that mean the President and I most specifically, across the hall in room 219 and leave labels you also love one another. This is my com- are all their puppets. The President knows at the door and pray like Solomon of the Old mandment to you that you love one another what I mean. He cannot admit this publicly, Testament for wisdom for that week so that as I have loved you, greater love has no one obviously, but appearing here this morning we will make the right decisions. than this than to lay down ones life for his we are simply doing their bidding. Every When I am back in my district, I often friends. U.S. President has been elected by them ex- have people come up to me and express con- The power of love is manifested in the sub- cept for Warren G. Harding. No one knows cerns or complain about Washington, D.C. tleness and the happiness of our heart be- how Warren Harding was able to buck that Can you imagine that? They will go on for 30 cause as we give love and sacrificial love, trend but we know that he paid dearly for it, minutes and usually after I have listened that is the only way, our lives are truly ful- most notably by being saddled with the carefully to all that they are saying, I will filled, by giving away our life. We have great name Warren G. Harding. say: ‘‘Would you pray for us that we will examples of that in our military, in our lead- I am not a politician so when I see a dais make the right decisions; if it’s that impor- ers as they sacrifice their life and time and like this, I immediately think of those won- tant to you or to your family or to your families, but the fact is, we are commanded derful Dean Martin roasts from the 70’s. business or to your school or our country, to do that. May God bless the reading of his That was my favorite show next to Sanford would you take the time to pray for us that Word. and Son. I am being honest with you now and we will make the right decision?’’ I have Senator DANIEL AKAKA: Let me add my forgive me if I pretend that I am up here never had anybody refuse to do that when I aloha and welcome to all of you gathered with Ruth Buzzi, Bob Hope, Jimmy Stewart, have asked them. Like Nehemiah in the Old here at the 60th National Prayer Breakfast. Red Buttons, Charlie Callas, Foster Brooks Testament, we want to build a wall of prayer Let us pray. Holy, holy, holy, Lord God of and Rich Little. I am being honest, that is around our nation’s capital. You can put a hosts, heaven and earth are filled with your who I wish were up here. And to those of you stone or a brick in that wall of prayer if you glory. We come to you to pray for world who are actually up here, I apologize from would take five minutes each week to join us leaders. Give them your wisdom to deal with the bottom of Don Rickles’ heart, I am in prayer, and you could choose the time. If the challenging problems of our time; may sorry. you go to the Congressional Prayer Caucus’ your Spirit rest upon them as they seek to Okay, it is a National Prayer Breakfast, website and say, ‘‘You know what, Mike, I empower people to lead quiet and peaceful maybe we should get serious and say some- will pray for you and for our President and lives in all Godliness and honesty. Send out thing about prayer . . . nah. Okay, seriously all our leaders at all levels of government.’’ your light and lead our world leaders with though, what is prayer? The real question is It is that important. Because you see, the your truth. Bring them through strife and what is prayer? Prayer is real faith in God, true source of power is not found in the halls warfare to lasting peace, uniting them for it is not phony religiosity. It is not, ‘oh of Congress or in the Oval Office of the West the glory of your name. As they put aside wouldst thou who art sovereign of the uni- Wing or in the chambers of the Supreme selfish ambition, make them instruments of verse take this arcane verbiage as evidence Court. It is found when we are on our knees your will to carry out your purposes in our that we believe that thou art an old fashioned and unpleasant and easily annoyed and before the throne of grace, before all mighty world. We pray this in your sovereign name, even cranky deity, and that to get thy mag- God asking for his help. Would you please amen. nificent attention and so as not to annoy join us in that effort? That is something you Senator PRYOR: When we take the long can do that would go beyond today. I think view of history, it is pretty clear that ideas thee, we must needs employ wooden and ar- you will agree that our country is worth it. are more powerful than money or guns or chaic and religious sounding language.’ That, my friends, is not prayer. That is, to God bless you all and thank you very much. even governments. So if we follow that logic, use the current terminology, a lot of pious Colonel Kelly Martin, U.S.A.F.: Please join ideas about God would be the most powerful baloney. Who said that, I believe it was me now in a prayer for our national leaders. of all. One of the most precious resources of NANCY PELOSI? It was someone on the couch, Lord, it is with a humble heart that we come the community of faith are those women and but I can’t remember. But the point is, pious before you today and ask for a special meas- men who help us think deeply and clearly baloney is not prayer, it is not faith in the ure of grace and wisdom to be given to the about God, about truth and about responsi- God of Scripture. Imagine talking to Jesus men and women who lead our nation. For bility. Eric Metaxas has been a friend of this that way—he would almost laugh at you. you know that it is the fear of the Lord that breakfast for many years, so let that be a Imagine if we talked to him that way. Pray- is the beginning of wisdom and under- warning to all of you, if you come too often, er is from the heart. We don’t try to fool God standing. And it is by your grace and love we may ask you to speak. He has written two with phony religiosity. Adam and Eve tried that you arm us with the strength and guide New York Times best sellers, 30 children’s that with a fig leaf once that did not go so our steps towards what is perfect. Leadership books, has been part of the Veggie Tale sewell. is not easy and good leadership is rare and of ries, and he has also debated the existence of And this gets to my theme this morning— great value, but great leadership comes only God in academic settings all over the world. the difference between religion or religiosity from you. Throughout our nation’s history, I first became aware of him through his and real faith in God. We all know people you have blessed us with a legacy of leaders book, ‘‘Amazing Grace,’’ about William Wil- who go to church but who do not show the who served with excellence and we are grate- berforce whose life makes a great guide book love of Jesus. We know people who know ful that this blessing continues today. Thank for anyone who is serving in government. I Scripture but sometimes use it as a weapon. you for each and every one of our leaders and just finished another book of his, about an- Real prayer and real faith is not religious, it their willingness to serve our nation, its’ other great public role model, ‘‘Dietrich is from the heart. It is honest, it is real. I people, and, ultimately, to serve you. I ask Bonhoeffer: Pastor, Martyr, Prophet, Spy’’. have had the privilege of writing about two that in the heat of battle, you give our lead- Ladies and gentlemen, Eric Metaxas. men, Wilberforce and Bonhoeffer, whose lives ers clarity of mind and the courage to make Mr. Eric Metaxas: Good morning to all of illustrate the difference between what mere right decisions especially when it is not con- you, honored guests from around the world, religiosity and actually knowing what serv- venient or expedient. Give them the faith to from this great nation, mostly to our Presi- ing God is. Let me first quickly tell you per- always seek you, a hope that will always sus- dent and First Lady. What an honor to be sonally how I came to see the difference be- tain them and, most importantly, give them here. Now, I have to ask, I want to know how tween these two utterly different things. a love that will unite them. We ask that you many people are here if you don’t mind, just First of all, I am the son of European im- bless our leaders, protect and watch over indulge me, would you raise your hand if you migrants who met in an English class in New them, give them a peace that passes under- are here and I just want to get a quick . . . York City in 1956. And I thank the Lord that standing; bless their families and continue to okay, well that was four. All right, well they my parents are in the room this morning. bless the United States of America. I pray said four thousand. My dad is Greek, hence my surname, this in your Son’s name, amen. Let me just say up front, I am not a morn- Metaxas. My mom is German, hence my deep Senator TOM COBURN: Good morning. I ing person but it is nonetheless an honor to love for Siegfried and Roy. Now, when you have the privilege of reading from the New speak at this august extraordinarily early have one Greek parent, you are raised Greek, Testament Scriptures. The passage that I gathering. I know it is an august gathering forget about the German stuff. Greeks be- want to read today has to do with the most because they charged 175 dollars for break- lieve that being Greek is the most important powerful force the world has ever known, fast. I don’t want to start out by being nega- thing in the world. Now I am 50 per cent love. In this room, we have people from well tive but I think there may be some kind of Greek but I have always tried to be more over 100 different countries, all colors, all as- money laundering thing kind of happening than 50 per cent Greek but I have never been pects of faith and maybe from a few different here. I am speaking truth to power people, able to break the fifty per cent barrier, a lit- points of view. the price gauging, it needs to stop. Even as tle bit like brother Mitt.

VerDate Mar 15 2010 03:58 Mar 22, 2012 Jkt 019060 PO 00000 Frm 00052 Fmt 4624 Sfmt 0634 E:\CR\FM\G21MR6.002 S21MRPT1 pwalker on DSK7TPTVN1PROD with SENATE March 21, 2012 CONGRESSIONAL RECORD — SENATE S1925 I grew up of course in the Greek Orthodox part of the reason is that I had rejected a wrote a biography about Wilberforce and ev- Church. I was an altar boy and had a mod- phony religious idea of God. Not God as he erywhere I go talking about Wilberforce peo- icum of faith, a mostly nominal, cultural really is because when I encountered God as ple would say to me, ‘‘who are you going to faith. I thought of myself as a Christian but he really is, I knew that is what my heart is write about next? Who are you going to then I went to Yale University. Of course, it longing for. That is the answer. He is the an- write about next?’’ Some people asked me is the dream come true for every son of swer to my pain and all my questions. He is about ‘‘whom will you next write?’’ As a working class European immigrants. But the real and He loves me despite everything I Yale English major, I want to recommend reality is that Yale, and most of our other have done. He is not some moral code. He is the word whom. If English is your first lan- universities but especially Yale, is a very not some energy force. He is alive. He is a guage, you may want to use the word whom. secular place, aggressively secular. What lit- person. He knows everything about me and You can get it free as an app on your iPhone, tle modicum of faith I had was seriously about you. He knows my story; He knows you just download it. You use it as much as challenged. The idea of God really is ignored your story, every detail. He knows your you want. ‘‘Eric, about whom will you next or even sneered at. By the time I graduated deepest fears. He knows the terrible selfish write?’’ And I thought well, there is only one I was quite sure that it was wrong to be seri- things you have done that have hurt others person besides Wilberforce, only one about ous about the Bible or to take Jesus seri- and He still loves you. And He knows the whom I would write if I were to write a sec- ously, that it was hopelessly parochial and hurt that others have caused you. He knows ond biography. I remembered Bonhoeffer and divisive. I was not sure what was supposed to us. He is alive. He is not a joy killing bum- I did write that book. And I have to tell you, replace it but I was confused. I guess I was mer or some moralistic church lady. He is nobody is more shocked by the reception of lost. I wanted to be a writer. I was not ter- the most wonderful person, capital ‘‘P’’, the book than I. No one is more grateful to ribly successful. I floundered and then I imaginable. In fact, his name is Wonderful. the Lord for the people who are reading and drifted, then I floundered some more, then I Now, who would reject that? talking about this book. I know that it was drifted and floundered together, which you So at that point, I realized everything I re- read even by President George W. Bush who think is easy. jected about God was actually not God. It is intellectually incurious as we have all Eventually things got so bad I moved back was just dead religion. It was phoniness. It read. He read the book. No pressure. [Hands in with my parents, which I do not rec- was people who go to church and do not show President Obama a book.] I just want to say ommend. I specifically do not recommend the love of Jesus. It was people who know no pressure. I know you are very busy, Mr. moving in with my parents. I joke, but it was the Bible and use it as a weapon, people who President, but I know sometimes you take in fact a very tough time for me. I am being do not practice what they preach, people who plane rides and you have got time to kill, so serious now. I suffered then, during that pe- are indifferent to the poor and suffering, peo- here. [Hands President Obama another riod, from real, genuine depression. I still ple, who use religion as a way to exclude oth- book.] No pressure. No pressure at all. Who struggle with that. This was a very painful, ers from their group, people who use religion am I to pressure you? soul searching time in my life. I took a real- as a way to judge others. I had rejected that, Nonetheless, the lives of both of these men ly depressing job which my parents forced but guess what? Jesus had also rejected that. illustrate the difference between phony reli- me to take, thank you very much. And while He had railed against that and called people giosity and really believing in God in a way I was at this job, this miserable job, thank to real life and to real faith. Jesus was and that is real—that changes your life, that you mom and dad, I met a man of some faith. is the enemy of dead religion. Jesus came to must change your life, and the lives of oth- And he begins to share his faith with me, deliver us from that. He railed against the ers. Wilberforce is best known for leading the this secular Yale agnostic, and I was in religious leaders of his day because he knew movement to end the slave trade. Now, why enough pain that I was willing to listen a lit- that it was all just a front, that in their did he take that on? Do you know why? I am tle bit to what he had to say. He was an Epis- hearts they were far from God his Father. here to tell you it is not because he was just copalian and I figured it was safe—they don’t When he was tempted in the desert, who was a churchgoer, because there were plenty of churchgoers in England in the day of Wilber- really believe that stuff anyway. So I said the one throwing Bible verses at him? Satan. force. And everybody in that day seemed to ‘‘yeah, you can keep talking.’’ But he turned That is a perfect picture of dead religion. have no problem with the slave trade or slav- out to be one those Episcopalians who actu- Using the words of God to do the opposite of ery, people who went to church. The reason ally believed this stuff and knew the Bible what God does. It is grotesque when you Wilberforce fought so hard was because backwards and forwards and I was really think about it. It is demonic. around his 26th birthday, he encountered challenged. We would have a lot of conversa- That summer as I came to faith, the guy Jesus. England paid lip service to religion in tions. who shared his faith with me, Ed Tuttle, I was not ready to accept what he was say- gave me a copy of ‘‘The Cost of Discipleship’’ those days. Everybody said ‘‘I am a Chris- tian, I am English, yeah, we are Christians.’’ ing, not ready to pray, to attend a Bible by Dietrich Bonhoeffer. And he asked me if I But they really seemed to think—most of study, to go to church or to become a weird had ever heard of Dietrich Bonhoeffer. I said, them—that the slave trade was a fine thing. born again Christian. But I was in enough ‘‘no.’’ He said, ‘‘Bonhoeffer was a pastor who So keep in mind that when someone says, ‘‘I pain to keep listening. This friend of mine because of his faith in Jesus stood up for the am a Christian’’, it might mean absolutely said to me that I should pray that God would Jews of Europe.’’ I was shocked. My mother nothing. But for Wilberforce it became real. reveal himself to me—which seemed absurd is German. She grew up during this period. It was not about Christianity, it was about because I thought: I don’t know if he’s there Why had I never heard this amazing story the living God and serving Him. And Wilber- so I don’t really want to pray to the oxygen about Bonhoeffer before? I remember think- force suddenly took the Bible seriously—that in the room, to whom shall I pray if he is not ing somebody really ought to write a book all of us are created in the image of God. He there? It is a conundrum you see. But some- about Bonhoeffer. took this idea seriously—that it was our I was not interested in writing biographies. times when you are in enough pain, and I duty to care for the least of these. And he I am far too self-centered to spend that much was, you do silly things—and I did pray. And said, ‘‘Lord, I will obey.’’ I said, in my anguish, and it was very real time focusing on someone besides myself. I Now he fought politically, he fought hard anguish. I said, ‘‘God if you are there, please went on to have a strange career writing and you know the only people really fighting reveal yourself to me; punch a hole through children’s books, I wrote humor for the New with him at this point were the fanatical the sheetrock, wave to me, say hello, show York Times, I worked for Veggie Tales. And Christians. Did you know that? All the yourself to me.’’ I was desperate. Every now then I wanted to share my faith and I wrote churchgoers, all the religious people, they and again I would pray that prayer, I would a book with the ridiculous title ‘‘Everything were not alongside him. Who was alongside be jogging and I would pray that prayer, You Always Wanted to Know about God but him in those days? The born again nuts, the ‘‘God help me, I need help.’’ It was an honest Were Afraid to Ask’’. Actually now it’s a Quakers, the Methodists that people made prayer. And prayers come from a place of trilogy, three books. And one day I found fun of. They were in the trenches because honesty, not religiosity. If you can say ‘‘help myself being interviewed on CNN about this they knew they had no choice but to regard me Lord,’’ God hears that prayer. book and I was expecting one of those tough the Africans as made in the image of God Then one night during this time, around questions like, how can a good God allow evil and worthy of our love and respect. Everyone my 25th birthday, I had a dream. We don’t and suffering? But instead, I got a softball else was just going with the flow, all the peo- have time to go into it this morning but it question. The host on CNN said to me, ‘‘you ple who just went to church. As I say, they was an amazing dream. If you want to hear know there is something here about Wilber- got it wrong. They had not seen Jesus. the story of this amazing dream you can go force’’—and I had two sentences in the book Wilberforce took these ideas, these foreign to my website: EricMetaxas.com. It is an about Wilberforce—‘‘Can you talk about ideas, from the Bible and brought them into amazing thing and it changed my life. God that?’’ Suddenly I am on CNN being asked to culture. You can read about it, and not just came into my life, Jesus came into my life, talk about Wilberforce. All I knew about in my book, which the President may read. and it is all true except the part about the Wilberforce was in the book—that he was But you can read about it. This is historical UFO and the Sasquatch which I made up. someone who took the Bible so seriously fact. This is not my spin, this is true. Wilber- But seriously, watch that if you don’t mind that he changed the world forever. force, because he believed what the Bible because it really happened, it is not made up. So I start talking about him briefly and said and because he obeyed what God told And when God came into my life overnight next thing I know a publisher calls me up him to do, changed the world. and He answered that prayer, I wondered and says ‘‘there’s a movie coming out called Today we argue about how to help the why hadn’t I heard this before? Why did I ‘Amazing Grace’.’’ And I was asked to write poor. Some say, ‘‘Oh, the public sector, gov- have to suffer not knowing? Why? I think a book about Wilberforce. Amazingly, I ernment, is the answer.’’ Others say, ‘‘The

VerDate Mar 15 2010 03:58 Mar 22, 2012 Jkt 019060 PO 00000 Frm 00053 Fmt 4624 Sfmt 0634 E:\CR\FM\G21MR6.002 S21MRPT1 pwalker on DSK7TPTVN1PROD with SENATE S1926 CONGRESSIONAL RECORD — SENATE March 21, 2012 private sector, free enterprise.’’ But today, you’re not. We are the same. We are capable ‘‘Amazing Grace’’ and that a capella ren- we argue about how to help the poor, not of the same horrible things. Wilberforce dition has stuck with me my whole life. I whether to help the poor. Praise the Lord. somehow saw what the people in his day did thought maybe some day I will get some peo- The idea to care for the poor, the idea that not see, and we celebrate him for it. ple to do that, not today of course. But then slavery is wrong; these ideas are not normal Bonhoeffer saw what others did not see, and I thought you know, if the President can human ideas. These are Biblical ideas im- we celebrate him for it. Now how did they sing Al Green, then maybe you can sing with ported by Wilberforce at a crucial time. see what they saw? There is just one word him. So we are going to try this, if it goes Human beings do not do the right thing that will answer that, it is Jesus. He opens well I will leave with my head up. You apart from God’s intervention. We always do our eyes to his ideas which are radical and ready? If you don’t know the lyrics, pretend the phony religious thing. We go with the which are different from our own. Person- that you do. I want to hear harmonies. flow. In Wilberforce’s day going with the ally, I would say the same thing about the All singing: Amazing grace how sweet the flow meant supporting slavery, that Africans unborn. That apart from God we cannot see sound that saved a wretch like me. I once are not fully human. In Bonhoeffer’s world, that they are persons as well so those of us was lost but now am found. Was blind but in Nazi Germany, it meant supporting the who know the unborn to be human beings are now I see. idea that Jews are not fully human. So commanded by God to love those who do not God Bless you. whom do we say is not fully human today? yet see that. Senator SESSIONS: Thank you Eric, you Who is expendable to us? My mother lived We need to know that apart from God we have indeed blessed us. You got our atten- through this. There are people in this room would be on the other side of that divide tion and gave us spiritual food. Now it is my who lived through this. I was in Germany fighting for what we believe is right. We can- great honor to introduce the President of the last week; I met people who lived through not demonize our enemies. Today, if you be- United States. Mr. President, we thank you this period. It was an extraordinary thing to lieve that abortion is wrong, you must treat for your one hundred percent support that be there, to meet people who were the sons of those on the other side with the love of you have given to this prayer breakfast; heroes fighting against Hitler. This was a Jesus. Today, if you have a Biblical view of being here every single year and when you moment ago that this horror happened. sexuality, you will be demonized by those on were a member of the Senate with us. Mr. Bonhoeffer was born in 1906 and he was the other side who will call you a bigot. President, I personally want to thank you born into an amazing family. His father was Jesus commands us to love those who call us for the way you strive for the betterment of the most famous psychiatrist in Germany. bigots; to show them the love of Jesus. If you all Americans. You give your life to that. It This was a big, important amazing family. want people to treat you with dignity, treat was Abraham Lincoln who first used the At 14, he announces he wants to be a theolo- them with dignity. phrase that we are a nation under God. If we gian. He got his doctorate at age 21. So finally, Jesus tells us that we must love are going to be a nation under God, then we Bonheoffer was a great theologian but he de- our enemies. That, my friends, is the real have to recognize the precious worth of cided in the midst of being a great theolo- difference between dead religion and a living every single person. Thank you for your gian that he wanted to get ordained as a Lu- faith in the God of the Scriptures, whether leadership. Ladies and gentlemen, the Presi- theran pastor. And then one day at age 24, he we can love our enemies. Wilberforce had po- dent of the United States, Barack Obama. went to America to spend a year in New litical enemies but he knew that God had President Barack Obama: Well, good morn- York City. And he went to study at Union commanded him to treat them with civility. ing everybody. It is good to be with so many Theological Seminary. One Sunday a fellow He knew that he had been saved by grace. He friends united in prayer. And I begin by giv- student named Frank Fisher, an African was not morally superior to the people on ing all praise and honor to God for bringing American from Alabama, invited Dietrich the other side of the aisle. Martin Luther us here together today. Bonhoeffer to Harlem to a church called Ab- King told the people on the buses that you I want to thank our co-chairs, MARK and yssinian Baptist Church. He said, ‘‘why don’t must not fight back, that you must be will- JEFF; to my dear friend, the guy who always you come with me?’’ And Bonheoffer went ing to turn the other cheek or get off the has my back, Vice President BIDEN. All the with him and for the first time in his life, in bus. Branch Rickey told Jackie Robinson members of Congress and my Cabinet who that church, he saw something that was that if you want to win the battle, you need are here today, all the distinguished guests clearly not mere phony religion. He saw peo- to do as Jesus commanded and to be strong who have traveled a long way to be a part of ple worshiping a living God. He saw people enough to not fight back; that is how your this. I am not going to be as funny as Eric who understood suffering and whose worship enemies will know that there is someone, but I am grateful that he shared his message was real. Bonhoeffer said that in New York, capital ‘‘S’’, standing behind you, that it is with us. Michelle and I feel truly blessed to in America, he did not hear the gospel pro- not just you. be here. claimed. Think about this, he visited many, So if you can see Jesus in your enemy, This is my fourth year coming to this many churches, yet he did not hear the gos- then you can know that you are seeing with prayer breakfast as President. As JEFF men- pel proclaimed except, in his words, in the God’s eyes and not your own. So, can you tioned, before that I came as senator. I have Negro churches. That was the only place he love your enemy? If you cannot pray for to say, it is easier coming as President. I saw the true gospel. He saw true faith, living those on the other side, if you cannot actu- don’t have to get here quite as early. But it faith, people living it, preaching the gospel ally feel the love of God for your enemies, has always been an opportunity that I have of Jesus, living the gospel of Jesus. He saw political and otherwise, my friends, that is a cherished. And it is a chance to step back for this among the suffering in Harlem and it sure sign that you are being merely reli- a moment, for us to come together as broth- changed his life. gious. That you have bought into a moral ers and sisters and seek God’s face together. When he got back to Germany, people system but you do not know the God who has At a time when it is easy to lose ourselves in could see that he was different. He was not forgiven you. Only God can give us that su- the rush and clamor of our own lives, or get intellectually different, but his heart had pernatural agape love for those with whom caught up in the noise and rancor that too been changed. He began to speak publicly we disagree. That is the test. It is an impos- often passes as politics today, these mo- about the Bible as the word of God, the liv- sible standard apart from the grace of God. ments of prayer slow us down. They humble ing word of God through which God who is We all fail that test. But thank God for the us. They remind us that no matter how much alive wishes to speak to us. So, he under- grace of God. The grace of God is real. God responsibility we have, how fancy our titles, stood from the black church in Harlem the wants to shed it abroad in every heart, not how much power we think we hold, we are idea of a personal faith, that God is alive and just on some, on every heart. It is the only imperfect vessels. We can all benefit from wishes to speak to you. And it had a political thing , the grace of a living God, that can turning to our Creator, listening to Him, component because it is now 1932, the Nazis bring left and right together to do the right avoiding phony religiosity and listening to are rising. Bonhoeffer begins to say things thing. Him. that you would not hear in Germany, even in So can we humble ourselves enough to ac- This is especially important right now, the churches in those days. He spoke of Jesus tually ask him in a real prayer to show him- when we are facing some big challenges as a as the man for others. He said ‘‘whoever does self to us, to lead us to do what is right? Can nation. Our economy is making progress as not stand up for the Jews has no right to we do that for our country? For the world? we recover from the worst crisis in three sing Gregorian chants, God is not fooled.’’ This is a Bonhoeffer moment. If we will hum- generations, but far too many families are His whole life was about this idea that you ble ourselves, ask God, cry out, Cri du coeur, still struggling to find work or make the have to have a living relationship with God cry from the heart, Lord lead us, will you mortgage, pay for college, or, in some cases, and that it must lead you to action—that ask him to help you? The amazing grace of even buy food. Our men and women in uni- you must obey God, that you will look dif- God is there for everyone. You know Jesus is form have made us safer and more secure, ferent. not just for so called ‘‘Christians’’, Jesus is and we are eternally grateful to them, but Now of course dead religion demonizes oth- for everyone. The grace of God is for every- war and suffering and hardship still remain ers, I just said that, and apart from God’s one. I hope you know that. in too many corners of the globe. And a lot intervention, that is what we do. So don’t When I was 21 years old, I worked at the of those men and women who we celebrate on think that you won’t do that. You will do Boston Opera House and Garrison Keeler Veteran’s Day and Memorial Day come back that. We are broken, fallen human beings so showed up and he gave a talk. And at the end and find that, when it comes to finding a job apart from God—that is what we do. Do you of his talk he asked the audience if they or getting the kind of care that they need, think that you are better than the Germans wanted to sing. They didn’t, but he made we are not always there the way that we in that era? You are not. Not in God’s eyes them anyway. He led them in a song called need to be.

VerDate Mar 15 2010 05:20 Mar 22, 2012 Jkt 019060 PO 00000 Frm 00054 Fmt 4624 Sfmt 0634 E:\CR\FM\G21MR6.002 S21MRPT1 pwalker on DSK7TPTVN1PROD with SENATE March 21, 2012 CONGRESSIONAL RECORD — SENATE S1927 It is absolutely true that meeting these lieve that when a young person can afford a erty, worked with organizations like World challenges requires sound decision-making, college education or someone who has been Vision and American Jewish World Service requires smart policies. We know that part unemployed suddenly has a chance to retrain and Islamic Relief to bring hope to those suf- of living in a pluralistic society means that for a job and regain that sense of dignity and fering around the world. our personal religious beliefs alone cannot pride, and contributing to the community as Colleges across the country have answered dictate our response to every challenge we well as supporting their families—that helps our Interfaith Campus Challenge, and stu- face. us all prosper. dents are joined together across religious But in my moments of prayer, I am re- It means maybe that research lab on the lines in service to others. From promoting minded that faith and values play an enor- cusp of a lifesaving discovery, or the com- responsible fatherhood to strengthening mous role in motivating us to solve some of pany looking for skilled workers is going to adoption, from helping people find jobs to our most urgent problems, in keeping us do a little bit better, and we will all do bet- serving our veterans, we are linking arms going when we suffer setbacks, and opening ter as a consequence. It makes economic with faith-based groups all across the coun- our minds and our hearts to the needs of oth- sense. But part of that belief comes from my try. ers. faith in the idea that I am my brother’s I think we all understand that these values We cannot leave our values at the door. If keeper and I am my sister’s keeper; that as cannot truly find voice in our politics and we leave our values at the door, we abandon a country, we rise and fall together. I am not our policies unless they find a place in our much of the moral glue that has held our na- an island. I am not alone in my success. I hearts. The Bible teaches us to ‘‘be doers of tion together for centuries, and allowed us to succeed because others succeed with me. the word and not merely hearers.’’ We are re- become somewhat more perfect a union. And when I decide to stand up for foreign quired to have a living, breathing, active Frederick Douglass, Abraham Lincoln, Jane aid, or prevent atrocities in places like faith in our own lives. And each of us is Addams, Martin Luther King, Jr., Dorothy Uganda, or take on issues like human traf- called on to give something of ourselves for Day, Abraham Heschel—the majority of ficking, it is not just about strengthening al- the betterment of others—and to live the great reformers in American history did liances, or promoting democratic values, or truth of our faith not just with words, but their work not just because it was sound pol- projecting American leadership around the with deeds. icy, or they had done good analysis, or un- world, although it does all those things and So even as we join the great debates of our derstood how to exercise good politics, but it will make us safer and more secure. It is age—how we best put people back to work, because their faith and their values dictated also about the Biblical call to care for the how we ensure opportunity for every child, it, and called for bold action—sometimes in least of these—for the poor, for those at the the role of government in protecting this ex- the face of indifference, sometimes in the margins of our society. traordinary planet that God has made for us, face of resistance. To answer the responsibility we are given how we lessen the occasions of war—even as This is no different today for millions of in Proverbs to ‘‘speak up for those who can- we debate these great issues, we must be re- Americans, and it is certainly not for me. not speak for themselves, for the rights of all minded of the difference that we can make I wake up each morning and I say a brief who are destitute.’’ And for others, it may each day in our small interactions, in our prayer, and I spend a little time in Scripture reflect the Jewish belief that the highest personal lives. and devotion. And from time to time, friends form of charity is to do our part to help oth- As a loving husband, or a supportive par- of mine, some of who are here today, friends ers to stand on their own. ent, or a good neighbor, or a helpful col- like Joel Hunter or T.D. Jakes, will come by Treating others as you want to be treated; league—in each of these roles, we help bring the Oval Office, or they will call on the requiring much from those who have been His kingdom to Earth. And as important as phone, or they will send me an email, and we given so much; living by the principle that government policy may be in shaping our will pray together, and they will pray for me we are our brother’s keeper; caring for the world, we are reminded that it is the cumu- and my family, and for our country. But I don’t stop there. I would be remiss if poor and those in need. These values are old. lative acts of kindness and courage and char- I stopped there; if my values were limited to They can be found in many denominations ity and love, It is the respect that we show personal moments of prayer or private con- and many faiths, among many believers and each other and the generosity that we share versations with pastors or friends. So, in- among many non-believers. And they are with each other that in our every day lives stead, I must try—imperfectly, but I must values that have always made this country will somehow sustain us during these chal- try—to make sure those values motivate me great—when we live up to them; when we lenging times. John tells us that, ‘‘If anyone as one leader of this great nation. don’t just give lip service to them; when we has material possessions and sees his brother And so when I talk about our financial in- don’t just talk about them one day a year. in need but has no pity on him, how can the stitutions playing by the same rules as folks And they are the ones that have defined my love of God be in him? Dear children, let us on Main Street, when I talk about making own faith journey. not love with words or tongue but with ac- sure insurance companies are not discrimi- And today, with as many challenges as we tions and in truth.’’ nating against those who are already sick, or face, these are the values I believe we are MARK read a letter from Billy Graham, and making sure that unscrupulous lenders are going to have to return to in the hope that it took me back to one of the great honors of not taking advantage of the most vulnerable God will buttress our efforts. my life, which was visiting Reverend Gra- among us, I do so because I genuinely believe Now, we can earnestly seek to see these ham at his mountaintop retreat in North it will make the economy stronger for every- values lived out in our politics and our poli- Carolina, when I was on vacation with my body. But I also do it because I know that far cies, and we can earnestly disagree on the family in a hotel not far away. too many neighbors in our country have best way to achieve these values. In the And I can still remember winding up the been hurt and treated unfairly over the last words of C.S. Lewis, ‘‘Christianity has not, path, up a mountain to his home. Ninety-one few years, and I believe in God’s command to and does not profess to have a detailed polit- years old at the time, facing various health ‘‘love thy neighbor as thyself.’’ I know that ical program. It is meant for all men at all challenges, he welcomed me as he would wel- a version of that Golden Rule is found in times, and the particular program which come a family member or a close friend. This every major religion and every set of be- suited one place or time would not suit an- man who had prayed great prayers that in- liefs—from Hinduism to Islam to Judaism to other.’’ spired a nation, this man who seemed larger the writings of Plato. Our goal should not be to declare our poli- than life, greeted me and was as kind and as And when I talk about shared responsi- cies as Biblical. It is God who is infallible, gentle as could be. bility, it is because I genuinely believe that not us. Michelle reminds me of this often. So And we had a wonderful conversation. Be- in a time when many folks are struggling, at instead, it is our hope that people of goodwill fore I left, Reverend Graham started to pray a time when we have enormous deficits, it is can pursue their values and common ground for me, as he had prayed for so many Presi- hard for me to ask seniors on a fixed income, and the common good as best they know dents before me. And when he finished pray- or young people with student loans, or mid- how, with respect for each other. And I have ing, I felt the urge to pray for him. I didn’t dle-class families who can barely pay the to say that sometimes we talk about respect, really know what to say. What do you pray bills to shoulder the burden alone. And I but we don’t act with respect towards each for when it comes to the man who has prayed think to myself, if I am willing to give some- other during the course of these debates. for so many? But like that verse in Romans, thing up as someone who has been extraor- But each and every day, for many in this the Holy Spirit interceded when I didn’t dinarily blessed, and give up some of the tax room, the Biblical injunctions are not just know quite what to say. breaks that I enjoy, I actually think that is words, they are also deeds—every single day, And so I prayed—briefly, but I prayed from going to make economic sense. in different ways, so many of you are living the heart. I don’t have the intellectual ca- But for me as a Christian, it also coincides out your faith in service to others. pacity or the lung capacity of some of my with Jesus’s teaching that ‘‘for unto whom Just last month, it was inspiring to see great preacher friends here who have prayed much is given, much shall be required.’’ It thousands of young Christians filling the for a long time. But I prayed. And we ended mirrors the Islamic belief that those who Georgia Dome at the Passion Conference, to with an embrace and a warm good-bye. have been blessed have an obligation to use worship the God who sets the captives free And I thought about that moment all the those blessings to help others, or the Jewish and work to end modern slavery. Since we way down the mountain, and I have thought doctrine of moderation and consideration for have expanded and strengthened the White about it in the many days since. Because I others. House faith-based initiative, we have thought about my own spiritual journey— When I talk about giving every American a partnered with Catholic Charities to help growing up in a household that was not par- fair shot at opportunity, it is because I be- Americans who were struggling with pov- ticularly religious; going through my own

VerDate Mar 15 2010 05:20 Mar 22, 2012 Jkt 019060 PO 00000 Frm 00055 Fmt 4624 Sfmt 0634 E:\CR\FM\G21MR6.002 S21MRPT1 pwalker on DSK7TPTVN1PROD with SENATE S1928 CONGRESSIONAL RECORD — SENATE March 21, 2012 period of doubt and confusion, finding Christ Dharun Ravi for violations of New Jer- Constitution does not permit us in when I was not even looking for him so many sey criminal laws against bias intimi- Congress to prohibit the expression of years ago; possessing so many shortcomings dation and invasion of privacy. Mr. an idea simply because we disagree that have been overcome by the simple grace of God. And the fact that I would ever be on Ravi had used a Webcam to spy on and with it. top of a mountain, saying a prayer for Billy then publicize an intimate encounter The Matthew Shepard Act punishes Graham—a man whose faith had changed the between his college roommate, Tyler physical violence, not speech. The law world and that had sustained him through Clementi, and another man. Tragically, requires the defendant to have caused triumphs and tragedies, and movements and Mr. Clementi became so distraught or attempted to cause bodily injury to milestones—that simple fact humbled me to that he took his own life. the victim while being motivated by my core. Young men and women should not be the victim’s sexual orientation or an- I have fallen on my knees with great regu- other defined characteristic. Impor- larity since that moment—asking God for bullied or shamed because of their sex- guidance not just in my personal life and my ual orientation. It is incumbent on tantly, the defendant in a Federal hate Christian walk, but in the life of this nation every segment of society to do what we crimes case must have acted willfully. and in the values that hold us together and can to stop bullying in schools and in In other words, the defendant must keep us strong. I know that He will guide us. our communities. As Tyler Clementi’s have voluntarily and intentionally He always has and He always will. And I pray father said after the jury verdict was caused bodily injury to the victim. his richest blessings on each of you in the announced: From what we know of the Ravi case, days ahead. Thank you very much. To our college, high school and even mid- the defendant could not have been Senator PRYOR: Thank you, Mr. President, dle school youngsters, I would say this: prosecuted under the Matthew Shepard for sharing your heart and your faith with You’re going to meet a lot of people in your Act because Mr. Ravi did not willfully us. You have a room full of people here who lifetime. Some of these people you may not cause bodily injury to Tyler Clementi, are praying for you and your family. God like. But just because you don’t like them nor did he willfully cause the victim to bless the President of the United States of does not mean you have to work against take his own life. America. them. We know that the consequences of Speaking of powerful people, let’s hear one I can only imagine the Clementi fam- bias-motivated violence extend beyond more time from Jackie Evancho. ily’s grief and suffering over their loss. ‘‘The Lord’s Prayer’’ sung by Miss Jackie the victim. Hate crimes instill fear in Evancho. I applaud the efforts they are making those who have no connection to the Senator SESSIONS: Thank you, Jackie, and to raise awareness about the real dan- victim other than a shared char- may God’s blessings continue with you. My gers of bullying on American cam- acteristic such as race, religion, na- thanks to the President, Eric, all our speak- puses. tional origin, gender, disability, or sex- ers up here this morning You have given us The Senate is also taking steps to ad- a lot to think about. Now it is our job to ual orientation. Preventing such con- dress the growing problem of bullying. sequences is the reason I offered the ponder these things in our hearts and to turn I am pleased to be a cosponsor of Sen- those good ideas into action. Matthew Shepard Act as an amend- Senator PRYOR: Being a part of this Na- ator CASEY’s Safe Schools Improve- ment to the Defense authorization bill tional Prayer Breakfast is a great privilege ment Act, which requires schools to es- more than 2 years ago. The law has al- and now it becomes a great responsibility. I tablish bullying prohibition policies ready resulted in several Federal believe God is counting on you and me to and would help educators identify and criminal convictions. For example, two love and pray where we are. Let’s complain address any conduct based on a stu- Arkansas men were convicted after a lot less and let’s pray and love a lot more dent’s actual or perceived race, color, they targeted five Hispanic victims at so God can use us to make a better world. religion, gender, disability, or sexual And now to close us in prayer is Robert Grif- a gas station and rammed their car off fin III of Baylor University. orientation. Another bill that I support the road causing serious injuries. Two Mr. Robert Griffin, III: Before I close in is the Student Non-Discrimination Act other men in New Mexico were con- prayer, I would just like to say, ‘‘Sic em, introduced by Senator FRANKEN, which victed under this statute for branding a Bears.’’ And to the President, if you ever get would define harassment as a form of disabled Navajo man with a swastika a little tired of running the country or any- discrimination in our public schools. while writing the words ‘‘KKK’’ and thing like that, a little bored, I would love to Both bills have more than 35 cospon- ‘‘white power’’ on his body. play you in basketball. It would be a friendly sors and deserve full consideration by competition because I wouldn’t want anyone The Ravi prosecution was brought to feel like I was trying to hurt you or any- the Senate. It has been well docu- under New Jersey’s laws, which are dif- thing, so I wouldn’t dunk on you at all. This mented that students who are para- ferent from our Federal hate crimes has been a really long breakfast. The longest lyzed by fear of bullying cannot effec- laws. I have ever been a part of. I guess everyone tively learn. Congress should help en- f up here got the memo except for me because sure that States and schools have the both of my cups are empty because I drank tools they need to prevent or punish TRIBUTE TO ADMIRAL ROBERT F. them. No one else drank anything and I real- bullying in any form. We must do more WILLARD ly have to use the bathroom. So will go to ensure that all students are pro- Mr. MCCAIN. Mr. President, today I ahead and close this out so we can all go ahead and do that. tected and can thrive in their schools. rise to honor a distinguished naval offi- If you could bow your heads, please. Father In the aftermath of Dharun Ravi’s cer and a true patriot. Having just God, we thank you for this day as a day you conviction in New Jersey, there has passed the torch of command for U.S. have made and we rejoice and we are glad in been some commentary on hate crimes Pacific Command, Admiral Robert F. it. Today has truly been a great day, many laws generally. Some have wondered Willard will hang up one last time the great speakers and a lovely singer who has whether hate crimes laws criminalize uniform he first donned almost four blessed all of our hearts and brought many thoughts or beliefs and have the effect decades ago. On the eve of his retire- to tears. Father God, in Jesus’ name, we of chilling free speech. Others have ex- thank you that we could sit up here and ment, it is fitting to memorialize in thank you for so many different things and pressed confusion whether Mr. Ravi the annals of this chamber Admiral be here all day. But most of all, we thank could have been prosecuted under our Willard’s years of selfless service to you above all for having the ability to make recently passed Federal hate crimes our Nation. a difference in everyone’s lives and giving us law. A Los Angeles native, Admiral Wil- the power to go out and change the world. As chairman of the Senate Judiciary lard graduated from the United States And we thank you for your love, your grace Committee, let me clarify the scope of Naval Academy and was commissioned and your mercy and as we leave today, we Federal hate crimes statutes. First, the in 1973. After he completed flight train- thank you that we take those qualities that Matthew Shepard and James Byrd, Jr. ing and qualified as a naval aviator, he can show the world not only with our words but with our actions. In Jesus’ name we Hate Crimes Prevention Act protects served in F–14 fighter squadrons oper- pray, Amen. the constitutional right of every indi- ating off of the aircraft carriers USS f vidual to have her own thoughts and Constellation, USS Ranger, and USS beliefs and express them in a lawful Kitty Hawk. Admiral Willard’s pro- CONVICTION OF DHARUN RAVI manner. The law does not prohibit or ficiency in the cockpit led to his as- Mr. LEAHY. Mr. President, last punish speech, expression, or associa- signment to Navy Fighter Weapons week, a jury in New Jersey convicted tion in any way—even hate speech. The School, more commonly known as

VerDate Mar 15 2010 03:58 Mar 22, 2012 Jkt 019060 PO 00000 Frm 00056 Fmt 4624 Sfmt 0634 E:\CR\FM\G21MR6.002 S21MRPT1 pwalker on DSK7TPTVN1PROD with SENATE March 21, 2012 CONGRESSIONAL RECORD — SENATE S1929 TOPGUN, where he served as the oper- 50TH ANNIVERSARY OF THE ing college or the work force in a low- ations and executive officer. Many may UNITED STATES SENATE YOUTH paying, public service capacity, by pro- not know that Admiral Willard was the PROGRAM viding scholarships. This great first aerial coordinator for the 1986 movie Mr. BLUMENTHAL. Mr. President, step provides support to our young con- Top Gun and also appeared in it as a for 50 years, the United States Senate stituents who are striving to realize flight instructor. Admiral Willard later Youth Program, USSYP, has selected 2 their dreams, but are worried about the commanded the famous Screaming Ea- remarkable high school students from costs involved. gles Fighter Squadron operating off of each State, the District of Columbia, I enjoyed meeting with the Con- necticut delegates during the annual the USS Carl Vinson. and the Department of Defense Edu- cation Activity program to visit our Senate reception during Washington In 1992, following his successful com- Nation’s capital for an inspiring week- Week and appreciated our thoughtful pletion of nuclear power training, Ad- long immersion in the workings of the dialogue. Their visit has left me in- miral Willard rejoined the USS Carl Federal government and a mirror into spired and hopeful about our country’s Vinson as its executive officer. He went public service. The students that par- future. on to command the amphibious flag- ticipate in the USSYP have gone on to I know my colleagues will join me in ship USS Tripoli and the aircraft car- dedicate their lives to our country, in- recognizing the importance of the rier USS Abraham Lincoln. As a flag of- cluding Senator SUSAN COLLINS, New United States Senate Youth program ficer, Admiral Willard twice served on Jersey Governor Chris Christie, and for the next 50 years. the Joint Staff, was deputy and chief of former presidential advisor Karl Rove. f Started in 1962 through the adoption staff for U.S. Pacific Fleet, commanded ADDITIONAL STATEMENTS Carrier Group Five embarked upon the of S. Res. 324, this program is as cru- USS Kitty Hawk, and commanded Sev- cial now as it was when it was first cre- enth Fleet in Yokosuka, Japan. In ated. The USSYP acknowledges our JACKSON’S SUGAR HOUSE AND country’s need to encourage inspired March 2005, Admiral Willard became VEGETABLE STAND and proactive youth. It takes a stand the 34th Vice Chief of Naval Oper- ∑ against complacency and apathy when Ms. SNOWE. Mr. President, each ations, and in May 2007, he became it comes to learning, gives students a year as winter makes way for spring, Commander of the United States Pa- chance to see firsthand the hard work across my home state of Maine you cific Fleet. and dedication of appointed and elected will see maple trees lined with metal On October 19, 2009, Admiral Willard officials, and sustains and heightens buckets poised to collect delectable was appointed as Commander, U.S. Pa- their passion for helping others after maple syrup. Maine is the third largest producer of maple syrup in America, cific Command. He assumed command the program is finished. It also aims to and last year experienced a 14 percent when much of our focus was still on the instill a true understanding of the increase, generating a remarkable Middle East and North Africa, and democratic process ‘‘and the vital importance of democratic decision mak- 360,000 gallons. As maple sugar season rightly so. Conflicts there, however, in commences and Maine looks forward to no way diminished the importance of ing not only for America but for people around the world’’ (S. Res. 324), cre- celebrating the time-honored Maple the Asia-Pacific, where strategically ating a cadre of young ambassadors Sugar Sunday, I rise to commend Jack- important events unfolded during Ad- who promote representative govern- son’s Sugar House & Vegetable Stand miral Willard’s command. As the ment in their own communities. located in Oxford, ME. United States rebalances its national I wish to recognize the partners of Often times a small request sparks a security strategy and realigns its the USSYP, most especially the Hearst marvelous business enterprise. For forces with a greater focus on the Asia- Foundations, and my Senate colleagues Roger Jackson, owner of Jackson’s Pacific, Admiral Willard’s leadership who participated in Washington Week Sugar House & Vegetable Stand, his over the last 2 years has laid a critical a few weeks ago. I thank the Hearst passion for maple syrup was reignited a foundation for our security and that of Foundations for their generous offer to few years ago when his granddaughter our allies, now and in years to come. fund this program as long as the Sen- sought help for a school project on how Pacific Command is personally reso- ate keeps it alive. Also, I express my to make the sweet liquid. Although Roger had been producing maple syrup nant with me. Between 1968 and 1972, gratitude for nonprofit organizations that are innovatively addressing the on and off since he was 6 years old, his my father held the position, then deficit of civic knowledge and public granddaughter’s question renewed his known as Commander-in-Chief, Pacific responsibility in our Nation’s students. love for this New England staple. And Command, that Admiral Willard has For example, iCivics, a project started the results have been incredibly sweet. just relinquished. The running joke be- by Justice Sandra Day O’Connor, aims As a veteran in maple syrup produc- tween Admiral Willard and me has to use video games and other web-based tion, Roger is familiar with the trials been that he was living in my father’s tools to engage students and teach and tribulations that go along with old house. And so, of all the praise and them about our government on all lev- this endeavor. While it is often hard to accolades I could bestow on Admiral els, including the importance of par- turn a profit as a small producer, the Willard for his service to our Nation, ticipation as a citizen, the power of a smiles on his customers’ faces truly the best and most appropriate would vote, the checks and balances of our make it all worthwhile. Further, com- be: the command undertaken by my fa- three branches, and our founding docu- pared to when Roger was a child, im- ther and other great men has been ad- ments. We must continue to remain in- provements in technology have cer- mirably served by the leadership of Ad- vested in the knowledge and ideals our tainly enhanced and eased the process miral Willard. future generations bring forth. of turning sap into maple sugar. For The USSYP understands the impor- example, today Jackson’s Sugar House Admiral Willard has always paid trib- tance of fostering the genuine interest uses a stainless steel evaporator— ute to his spouse of 38 years Donna, in public service held by our Nation’s equipment that enables them to easily who has been a tireless advocate for youth, and only selects high schoolers remove water and ensure better control the men and women of the commands to participate who have demonstrated over the quality of their product. This in which she and her husband have a commitment to their student govern- evaporation process is a vast improve- served, and a wonderful ambassador for ment or local civic organizations. I ment over Roger’s childhood maple the United States and the Navy. And so hope the USSYP’s strong 50 years can making experiences involving boiling I extend a grateful Nation’s thanks to serve as a model for similar programs— sap over an open flame. the Willards and their children Jen- especially to reach those who may not Roger’s expertise in maple syrup has nifer, Bryan, and Mark for their excep- have the support or resources to define certainly not gone unnoticed. He was tional service, best wishes for the next or act on their passion for public serv- recently appointed by the Maine De- chapter in their life, and fair winds and ice. The USSYP has created an alumni partment of Agriculture Commis- following seas. fund to assist delegates, who are enter- sioner, Walter Whitcomb, to the Maine

VerDate Mar 15 2010 03:58 Mar 22, 2012 Jkt 019060 PO 00000 Frm 00057 Fmt 4624 Sfmt 0634 E:\CR\FM\G21MR6.025 S21MRPT1 pwalker on DSK7TPTVN1PROD with SENATE S1930 CONGRESSIONAL RECORD — SENATE March 21, 2012 Maple Task Force Study Group to rep- the Senate by Mr. Pate, one of his sec- H.R. 306. An act to direct the Secretary of resent producers of maple sugar prod- retaries. the Interior to enter into an agreement to provide for management of the free-roaming ucts with 1,000 or fewer taps. This Task f Force was created in May of 2011, as wild horses in and around the Currituck Na- EXECUTIVE MESSAGES REFERRED tional Wildlife Refuge; to the Committee on part of the State’s legislation ‘‘To Environment and Public Works. Study the Promotion and Expansion of As in executive session the Presiding f the Maine Maple Sugar Industry.’’ Rog- Officer laid before the Senate messages er’s participation on the task force has from the President of the United MEASURES DISCHARGED been instrumental in ensuring that the States submitting sundry nominations The following bill was discharged needs of small producers and mom and which were referred to the appropriate from the Committee on Energy and pop sugarhouse operations are vigor- committees. Natural Resources, and referred as in- ously advocated. (The nominations received today are dicated: Maple syrup and all maple sugar printed at the end of the Senate pro- products are certainly among the H.R. 306. An act to direct the Secretary of ceedings.) the Interior to enter into an agreement to sweetest commodities produced in provide for management of the free-roaming f Maine. Thanks to the proficiency and wild horses in and around the Currituck Na- resolve of individuals such as Roger MESSAGES FROM THE HOUSE tional Wildlife Refuge; to the Committee on Jackson, Maine continues to produce Environment and Public Works. At 10:42 a.m., a message from the the highest quality maple products. I f am proud to extend my congratula- House of Representatives, delivered by tions to Roger Jackson and everyone Mrs. Cole, one of its reading clerks, an- EXECUTIVE AND OTHER at Jackson’s Sugar House & Vegetable nounced that the House has passed the COMMUNICATIONS Stand for their dedication to excel- following bills, in which it requests the The following communications were lence, and offer my best wishes for concurrence of the Senate: laid before the Senate, together with their continued success.∑ H.R. 665. An act to establish a pilot pro- accompanying papers, reports, and doc- gram for the expedited disposal of Federal f uments, and were referred as indicated: real property. TRIBUTE TO RACHEL BRISTOL H.R. 2087. An act to remove restrictions EC–5401. A communication from the Sec- retary of Transportation, transmitting, pur- ∑ Mr. WYDEN. Mr. President, today I from a parcel of land situated in the Atlantic District, Accomack County, Virginia. suant to law, a report entitled ‘‘2010 Status wish to recognize someone who has of the Nation’s Highways, Bridges and Tran- spent the last 30 years in the front The message also announced that sit: Conditions and Performance’’; to the ranks of the fight against hunger in my pursuant to Senate Concurrent Resolu- Committee on Commerce, Science, and State. tion 35, 112th Congress, and the order of Transportation. Rachel Bristol, president and CEO of the House of January 5, 2011, the EC–5402. A communication from the Acting the Oregon Food Bank, has devoted her Speaker appoints the following Mem- Deputy Assistant Administrator for Regu- life to making sure that Oregonians in bers of the House of Representatives to latory Programs, National Marine Fisheries the Joint Congressional Committee on Service, Department of Commerce, transmit- need are able to put nutritious food on ting, pursuant to law, the report of a rule en- the table. She has spent every minute Inaugural Ceremonies: Mr. BOEHNER of titled ‘‘Western Pacific Fisheries; 2012 An- of every day of her career doing every- Ohio, Mr. CANTOR of Virginia, and Ms. nual Catch Limits and Accountability Meas- thing in her power to eliminate hunger. PELOSI of California. ures’’ (RIN0648–XA674) received in the Office As Rachel retires, she leaves behind a of the President of the Senate on March 2, legacy of determination and hard work At 4:30 p.m., a message from the 2012; to the Committee on Commerce, that has guided the Oregon Food Bank House of Representatives, delivered by Science, and Transportation. and seen it expand into a professional Mr. Novotny, one of its reading clerks, EC–5403. A communication from the Acting organization that reflects her vision of announced that the House has agreed Division Chief, Office of National Marine what a community should do to help to the following concurrent resolution, Sanctuaries, National Oceanic and Atmos- in which it requests the concurrence of pheric Administration, transmitting, pursu- those in need. ant to law, the report of a rule entitled Last year alone, the Oregon Food the Senate: ‘‘Overflight Regulations for the Channel Is- Bank Network distributed more than H. Con. Res. 108. Concurrent resolution per- lands, Monterey Bay, Gulf of the Farallones, 81 million pounds of food. I am proud to mitting the use of the rotunda of the Capitol and Olympic Coast National Marine Sanc- say that I have stood beside the food for a ceremony as part of the commemora- tuaries’’ (RIN0648–AX79) received in the Of- bank’s employees and volunteers and tion of the days of remembrance of victims fice of the President of the Senate on March packaged my share of pancake mix or of the Holocaust. 2, 2012; to the Committee on Commerce, other food. So, I know firsthand how The message further announced that Science, and Transportation. dedicated they are in making sure that the House agrees to the amendment of EC–5404. A communication from the Acting no one goes to bed hungry. the Senate to the bill (H.R. 886) to re- Director, Office of Sustainable Fisheries, De- Whether we call it hunger, food inse- partment of Commerce, transmitting, pursu- quire the Secretary of the Treasury to ant to law, the report of a rule entitled curity or something else, what we are mint coins in commemoration of the ‘‘Fisheries of the Exclusive Economic Zone really talking about is the tragedy of 225th anniversary of the establishment Off Alaska; Pacific Cod By Vessels Using Pot having hungry families in the richest of the Nation’s first Federal law en- Gear in the Western Regulatory Area of the country in the world. forcement agency, the United States Gulf of Alaska’’ (RIN0648–XA988) received in Rachel saw that inequity and spent Marshals Service. the Office of the President of the Senate on her life doing something about it. Be- March 2, 2012; to the Committee on Com- cause of that fewer people in Oregon f merce, Science, and Transportation. went hungry because she gave them a MEASURES REFERRED EC–5405. A communication from the Acting place to go—a place to look to—for Director, Office of Sustainable Fisheries, De- The following bills were read the first partment of Commerce, transmitting, pursu- basic nutritious food to put on their and the second times by unanimous ant to law, the report of a rule entitled table. consent, and referred as indicated: ‘‘Fisheries of the Exclusive Economic Zone Because of Rachel Bristol, the food Off Alaska; Pacific Cod by Vessels Using Pot H.R. 665. An act to establish a pilot pro- bank is a better organization and Or- Gear in the Central Regulatory Area of the gram for the expedited disposal of Federal Gulf of Alaska’’ (RIN0648–XA992) received in egon is a better community. real property; to the Committee on Home- the Office of the President of the Senate on While she may be retiring, something land Security and Governmental Affairs. March 2, 2012; to the Committee on Com- tells me that the fight against hunger H.R. 2087. An act to remove restrictions merce, Science, and Transportation. will always be a part of who she is.∑ from a parcel of land situated in the Atlantic EC–5406. A communication from the Acting District, Accomack County, Virginia; to the f Director, Office of Sustainable Fisheries, De- Committee on Commerce, Science, and partment of Commerce, transmitting, pursu- MESSAGES FROM THE PRESIDENT Transportation. ant to law, the report of a rule entitled Messages from the President of the The following bill was read, and re- ‘‘Fisheries of the Exclusive Economic Zone United States were communicated to ferred as indicated: Off Alaska; Reallocation of Pacific Cod in

VerDate Mar 15 2010 03:58 Mar 22, 2012 Jkt 019060 PO 00000 Frm 00058 Fmt 4624 Sfmt 0634 E:\CR\FM\G21MR6.003 S21MRPT1 pwalker on DSK7TPTVN1PROD with SENATE March 21, 2012 CONGRESSIONAL RECORD — SENATE S1931 the Bering Sea and Aleutian Islands Manage- tration, Department of Transportation, EC–5423. A communication from the Senior ment Area’’ (RIN0648–XA987) received in the transmitting, pursuant to law, the report of Program Analyst, Federal Aviation Adminis- Office of the President of the Senate on a rule entitled ‘‘Standard Instrument Ap- tration, Department of Transportation, March 2, 2012; to the Committee on Com- proach Procedures; Miscellaneous Amend- transmitting, pursuant to law, the report of merce, Science, and Transportation. ments (82); Amdt. No. 3460’’ (RIN2120–AA65) a rule entitled ‘‘Airworthiness Directives; EC–5407. A communication from the Senior received in the Office of the President of the The Boeing Company Airplanes’’ ((RIN2120– Program Analyst, Federal Aviation Adminis- Senate on March 6, 2012; to the Committee AA64) (Docket No. FAA–2011–0725)) received tration, Department of Transportation, on Commerce, Science, and Transportation. in the Office of the President of the Senate transmitting, pursuant to law, the report of EC–5415. A communication from the Senior on March 12, 2012; to the Committee on Com- a rule entitled ‘‘Airworthiness Directives; Program Analyst, Federal Aviation Adminis- merce, Science, and Transportation. Augusta S.p.A. Helicopters’’ ((RIN2120–AA64) tration, Department of Transportation, EC–5424. A communication from the Senior (Docket No. FAA–2011–1454)) received in the transmitting, pursuant to law, the report of Program Analyst, Federal Aviation Adminis- Office of the President of the Senate on a rule entitled ‘‘Airworthiness Directives; tration, Department of Transportation, March 6, 2012; to the Committee on Com- The Boeing Company Airplanes’’ ((RIN2120– transmitting, pursuant to law, the report of merce, Science, and Transportation. AA64) (Docket No. FAA–2011–0382)) received a rule entitled ‘‘Airworthiness Directives; EC–5408. A communication from the Acting in the Office of the President of the Senate Bombardier Inc., Airplanes’’ ((RIN2120–AA64) Deputy Assistant Administrator for Regu- on March 6, 2012; to the Committee on Com- (Docket No. FAA–2011–1092)) received in the latory Programs, National Marine Fisheries merce, Science, and Transportation. Office of the President of the Senate on Service, Department of Commerce, transmit- EC–5416. A communication from the Senior March 12, 2012; to the Committee on Com- ting, pursuant to law, the report of a rule en- Program Analyst, Federal Aviation Adminis- merce, Science, and Transportation. titled ‘‘Fisheries of the Exclusive Economic tration, Department of Transportation, EC–5425. A communication from the Senior Zone Off Alaska; Community Development transmitting, pursuant to law, the report of Program Analyst, Federal Aviation Adminis- Quota Program’’ (RIN0648–AV33) received in a rule entitled ‘‘Airworthiness Directives; tration, Department of Transportation, the Office of the President of the Senate on Eclipse Aerospace, Inc. Airplanes Equipped transmitting, pursuant to law, the report of March 2, 2012; to the Committee on Com- with Pratt and Whitney Canada, Corp. a rule entitled ‘‘Airworthiness Directives; merce, Science, and Transportation. PW610F-A Engines’’ ((RIN2120–AA64) (Docket The Boeing Company Airplanes’’ ((RIN2120– EC–5409. A communication from the Acting No. FAA–2011–0199)) received in the Office of AA64) (Docket No. FAA–2011–0571)) received Deputy Assistant Administrator for Regu- the President of the Senate on March 6, 2012; in the Office of the President of the Senate latory Programs, National Marine Fisheries to the Committee on Commerce, Science, on March 12, 2012; to the Committee on Com- Service, Department of Commerce, transmit- and Transportation. merce, Science, and Transportation. ting, pursuant to law, the report of a rule en- EC–5417. A communication from the Senior EC–5426. A communication from the Senior titled ‘‘Fisheries of the Exclusive Economic Program Analyst, Federal Aviation Adminis- Program Analyst, Federal Aviation Adminis- Zone Off Alaska; Chinook Salmon Bycatch tration, Department of Transportation, tration, Department of Transportation, Management in the Bering Sea Pollock Fish- transmitting, pursuant to law, the report of transmitting, pursuant to law, the report of ery; Economic Data Collection’’ (RIN0648– a rule entitled ‘‘Part 95 Instrument Flight a rule entitled ‘‘Airworthiness Directives; BA80) received in the Office of the President Rules (4); Amdt. No. 498’’ (RIN2120–AA63) re- Fokker Services B.V. Airplanes’’ ((RIN2120– of the Senate on March 2, 2012; to the Com- ceived in the Office of the President of the AA64) (Docket No. FAA–2011–1067)) received mittee on Commerce, Science, and Transpor- Senate on March 6, 2012; to the Committee in the Office of the President of the Senate tation. on Commerce, Science, and Transportation. on March 12, 2012; to the Committee on Com- EC–5410. A communication from the Acting EC–5418. A communication from the Trial merce, Science, and Transportation. Deputy Assistant Administrator for Regu- Attorney, Federal Railroad Administration, EC–5427. A communication from the Senior latory Programs, National Marine Fisheries Department of Transportation, transmitting, Program Analyst, Federal Aviation Adminis- Service, Department of Commerce, transmit- pursuant to law, the report of a rule entitled tration, Department of Transportation, ting, pursuant to law, the report of a rule en- ‘‘Conductor Certification’’ (RIN2130–AC36) transmitting, pursuant to law, the report of titled ‘‘Fisheries of the Caribbean, Gulf of received in the Office of the President of the a rule entitled ‘‘Airworthiness Directives; Mexico, and South Atlantic; Comprehensive Senate on March 12, 2012; to the Committee DASSAULT AVIATION Airplanes’’ Ecosystem-Based Amendment 2 for the on Commerce, Science, and Transportation. ((RIN2120–AA64) (Docket No. FAA–2011–1166)) South Atlantic Region; Correction’’ EC–5419. A communication from the Senior received in the Office of the President of the (RIN0648–BB26) received in the Office of the Program Analyst, Federal Aviation Adminis- Senate on March 12, 2012; to the Committee President of the Senate on March 2, 2012; to tration, Department of Transportation, on Commerce, Science, and Transportation. the Committee on Commerce, Science, and transmitting, pursuant to law, the report of EC–5428. A communication from the Senior Transportation. a rule entitled ‘‘Airworthiness Directives; Program Analyst, Federal Aviation Adminis- EC–5411. A communication from the Acting Rolls Royce plc (RR) RB211–Trent 800 Series tration, Department of Transportation, Deputy Assistant Administrator for Regu- Turbofan Engines’’ ((RIN2120–AA64) (Docket transmitting, pursuant to law, the report of latory Programs, National Marine Fisheries No. FAA–2010–0755)) received in the Office of a rule entitled ‘‘Airworthiness Directives; Service, Department of Commerce, transmit- the President of the Senate on March 12, Bombardier, Inc. Airplanes’’ ((RIN2120–AA64) ting, pursuant to law, the report of a rule en- 2012; to the Committee on Commerce, (Docket No. FAA–2011–1227)) received in the titled ‘‘Fisheries of the Caribbean, Gulf of Science, and Transportation. Office of the President of the Senate on Mexico, and South Atlantic; Reef Fish Fish- EC–5420. A communication from the Senior March 12, 2012; to the Committee on Com- ery of the Gulf of Mexico; Amendment 32’’ Program Analyst, Federal Aviation Adminis- merce, Science, and Transportation. (RIN0648–AY56) received in the Office of the tration, Department of Transportation, EC–5429. A communication from the Senior President of the Senate on March 2, 2012; to transmitting, pursuant to law, the report of Program Analyst, Federal Aviation Adminis- the Committee on Commerce, Science, and a rule entitled ‘‘Airworthiness Directives; tration, Department of Transportation, Transportation. Lycoming Engines Reciprocating Engines’’ transmitting, pursuant to law, the report of EC–5412. A communication from the Acting ((RIN2120–AA64) (Docket No. FAA–2011–0533)) a rule entitled ‘‘Airworthiness Directives; Deputy Assistant Administrator for Regu- received in the Office of the President of the The Boeing Company Airplanes’’ ((RIN2120– latory Programs, National Marine Fisheries Senate on March 12, 2012; to the Committee AA64) (Docket No. FAA–2006–25001)) received Service, Department of Commerce, transmit- on Commerce, Science, and Transportation. in the Office of the President of the Senate ting, pursuant to law, the report of a rule en- EC–5421. A communication from the Senior on March 12, 2012; to the Committee on Com- titled ‘‘Fisheries of the Northeastern United Program Analyst, Federal Aviation Adminis- merce, Science, and Transportation. States; Northeast Multispecies Fishery; Gulf tration, Department of Transportation, EC–5430. A communication from the Senior of Maine Winter Flounder Catch Limit Revi- transmitting, pursuant to law, the report of Program Analyst, Federal Aviation Adminis- sions’’ (RIN0648–XA913) received in the Office a rule entitled ‘‘Airworthiness Directives; tration, Department of Transportation, of the President of the Senate on March 2, Various Transport Category Airplanes’’ transmitting, pursuant to law, the report of 2012; to the Committee on Commerce, ((RIN2120–AA64) (Docket No. FAA–2010–0956)) a rule entitled ‘‘Airworthiness Directives; Science, and Transportation. received in the Office of the President of the Bombardier, Inc. Airplanes’’ ((RIN2120–AA64) EC–5413. A communication from the Senior Senate on March 12, 2012; to the Committee (Docket No. FAA–2011–0994)) received in the Program Analyst, Federal Aviation Adminis- on Commerce, Science, and Transportation. Office of the President of the Senate on tration, Department of Transportation, EC–5422. A communication from the Senior March 12, 2012; to the Committee on Com- transmitting, pursuant to law, the report of Program Analyst, Federal Aviation Adminis- merce, Science, and Transportation. a rule entitled ‘‘Standard Instrument Ap- tration, Department of Transportation, EC–5431. A communication from the Senior proach Procedures; Miscellaneous Amend- transmitting, pursuant to law, the report of Program Analyst, Federal Aviation Adminis- ments (29); Amdt. No. 3461’’ (RIN2120–AA65) a rule entitled ‘‘Airworthiness Directives; tration, Department of Transportation, received in the Office of the President of the Turbomeca S.A. Turboshaft Engines’’ transmitting, pursuant to law, the report of Senate on March 6, 2012; to the Committee ((RIN2120–AA64) (Docket No. FAA–2009–0889)) a rule entitled ‘‘Airworthiness Directives; 328 on Commerce, Science, and Transportation. received in the Office of the President of the Support Services GmbH (Type Certificate EC–5414. A communication from the Senior Senate on March 12, 2012; to the Committee Previously Held by AvCraft Aerospace Program Analyst, Federal Aviation Adminis- on Commerce, Science, and Transportation. GmbH; Fairchild Dornier GmbH; Dornier

VerDate Mar 15 2010 03:58 Mar 22, 2012 Jkt 019060 PO 00000 Frm 00059 Fmt 4624 Sfmt 0634 E:\CR\FM\A21MR6.043 S21MRPT1 pwalker on DSK7TPTVN1PROD with SENATE S1932 CONGRESSIONAL RECORD — SENATE March 21, 2012

Luftfahrt GmbH) Airplanes’’ ((RIN2120–AA64) ((RIN2120–AA64) (Docket No. FAA–2011–0946)) RUBIO, Mr. PAUL, Mr. TOOMEY, Mr. (Docket No. FAA–2011–0912) received in the received in the Office of the President of the WICKER, Mr. SESSIONS, Mr. VITTER, Office of the President of the Senate on Senate on March 12, 2012; to the Committee Mr. LEE, Mr. MCCONNELL, Ms. March 12, 2012; to the Committee on Com- on Commerce, Science, and Transportation. AYOTTE, Mr. BARRASSO, Mr. BLUNT, merce, Science, and Transportation. EC–5440. A communication from the Senior Mr. BOOZMAN, Mr. BURR, Mr. CHAM- EC–5432. A communication from the Senior Program Analyst, Federal Aviation Adminis- BLISS, Mr. COCHRAN, Mr. COATS, Mr. Program Analyst, Federal Aviation Adminis- tration, Department of Transportation, CRAPO, Mr. DEMINT, Mr. ENZI, Mr. tration, Department of Transportation, transmitting, pursuant to law, the report of GRAHAM, Mr. CORNYN, Mr. GRASSLEY, transmitting, pursuant to law, the report of a rule entitled ‘‘Airworthiness Directives; Mr. COBURN, Mr. HOEVEN, Mr. INHOFE, a rule entitled ‘‘Airworthiness Directives; Rolls-Royce plc Turbofan Engines’’ Mr. ISAKSON, Mr. JOHANNS, Mr. Rolls-Royce plc (RR) RB211-535 Series Tur- ((RIN2120–AA64) (Docket No. FAA–2012–0004)) HATCH, Mr. KIRK, Mr. KYL, Mr. bofan Engine’’ ((RIN2120–AA64) (Docket No. received in the Office of the President of the LUGAR, Mr. JOHNSON of Wisconsin, FAA–2009–0994)) received in the Office of the Senate on March 12, 2012; to the Committee Mr. RISCH, Mr. ROBERTS, and Mr. President of the Senate on March 12, 2012; to on Commerce, Science, and Transportation. ALEXANDER): the Committee on Commerce, Science, and S. 2221. A bill to prohibit the Secretary of f Transportation. Labor from finalizing a proposed rule under EC–5433. A communication from the Senior INTRODUCTION OF BILLS AND the Fair Labor Standards Act of 1938 relating Program Analyst, Federal Aviation Adminis- JOINT RESOLUTIONS to child labor; to the Committee on Health, tration, Department of Transportation, Education, Labor, and Pensions. transmitting, pursuant to law, the report of The following bills and joint resolu- By Mr. SANDERS (for himself, Mr. a rule entitled ‘‘Airworthiness Directives; tions were introduced, read the first BLUMENTHAL, Mr. CARDIN, Ms. KLO- Lycoming Engines Reciprocating Engines’’ and second times by unanimous con- BUCHAR, Mr. FRANKEN, Mr. NELSON of ((RIN2120–AA64) (Docket No. FAA–2011–0691)) sent, and referred as indicated: Florida, Mr. BROWN of Ohio, and Mrs. received in the Office of the President of the FEINSTEIN): By Mr. DURBIN (for himself, Mr. BOOZ- Senate on March 12, 2012; to the Committee S. 2222. A bill to require the Commodity MAN, and Mr. COONS): on Commerce, Science, and Transportation. Futures Trading Commission to take certain S. 2215. A bill to create jobs in the United EC–5434. A communication from the Senior actions to reduce excessive speculation in States by increasing United States exports Program Analyst, Federal Aviation Adminis- energy markets; to the Committee on Agri- to Africa by at least 200 percent in real dol- tration, Department of Transportation, culture, Nutrition, and Forestry. lar value within 10 years, and for other pur- transmitting, pursuant to law, the report of By Mr. GRAHAM (for himself, Mr. poses; to the Committee on Foreign Rela- a rule entitled ‘‘Airworthiness Directives; COCHRAN, Mr. WICKER, Mr. BURR, and tions. Thielert Aircraft Engines GmbH Recipro- Mr. SHELBY): By Mr. MERKLEY (for himself and Mr. cating Engines’’ ((RIN2120–AA64) (Docket No. S.J. Res. 38. A joint resolution dis- LUGAR): FAA–2011–0956)) received in the Office of the approving a rule submitted by the Depart- S. 2216. A bill to amend the Farm Security President of the Senate on March 12, 2012; to ment of Labor relating to the certification of and Rural Investment Act of 2002 to author- the Committee on Commerce, Science, and nonimmigrant workers in temporary or sea- ize the Secretary of Agriculture to make Transportation. sonal nonagricultural employment; to the EC–5435. A communication from the Senior loans to certain entities that will use the Committee on the Judiciary. funds to make loans to consumers to imple- Program Analyst, Federal Aviation Adminis- f tration, Department of Transportation, ment cost-effective energy efficiency meas- transmitting, pursuant to law, the report of ures to promote energy cost savings and SUBMISSION OF CONCURRENT AND a rule entitled ‘‘Airworthiness Directives; rural development; to the Committee on Ag- SENATE RESOLUTIONS Superior Air Parts, Lycoming Engines (For- riculture, Nutrition, and Forestry. The following concurrent resolutions merly Textron Lycoming), and Continental By Mr. GRASSLEY (for himself, Mr. JOHNSON of South Dakota, Mr. BROWN and Senate resolutions were read, and Motors, Inc., Fuel-Injected Reciprocating referred (or acted upon), as indicated: Engines’’ ((RIN2120–AA64) (Docket No. FAA– of Ohio, Mrs. GILLIBRAND, Mr. ENZI, 2011–0547)) received in the Office of the Presi- Mr. NELSON of Nebraska, and Mr. By Mr. WHITEHOUSE (for himself and dent of the Senate on March 12, 2012; to the HARKIN): Mr. KERRY): S. Res. 401. A resolution expressing appre- Committee on Commerce, Science, and S. 2217. A bill to amend the Food Security ciation for Foreign Service and Civil Service Transportation. Act of 1985 to restore integrity to and EC–5436. A communication from the Senior strengthen payment limitation rules for professionals who represent the United Program Analyst, Federal Aviation Adminis- commodity payments and benefits; to the States around the globe; to the Committee on Foreign Relations. tration, Department of Transportation, Committee on Agriculture, Nutrition, and By Mr. COONS (for himself, Mr. transmitting, pursuant to law, the report of Forestry. INHOFE, Mr. LIEBERMAN, Mr. MENEN- a rule entitled ‘‘Airworthiness Directives; By Mr. LIEBERMAN (for himself, Ms. DEZ, Mr. HATCH, Mr. DURBIN, Mr. General Electric Company Turbofan En- COLLINS, Mr. CARPER, Mr. MCCAIN, LEAHY, Mr. SCHUMER, Mr. AKAKA, gines’’ ((RIN2120–AA64) (Docket No. FAA– and Mr. BROWN of Massachusetts): Mrs. MURRAY, Mr. WHITEHOUSE, Mr. 2010–0068)) received in the Office of the Presi- S. 2218. A bill to reauthorize the United TESTER, Mr. NELSON of Nebraska, Mr. dent of the Senate on March 12, 2012; to the States Fire Administration, and for other FRANKEN, Ms. LANDRIEU, Mr. REED, Committee on Commerce, Science, and purposes; to the Committee on Homeland Se- Mr. MORAN, Mr. GRAHAM, Mr. LEVIN, Transportation. curity and Governmental Affairs. EC–5437. A communication from the Senior By Mr. WHITEHOUSE (for himself, Mr. Ms. COLLINS, Mr. ISAKSON, Mrs. FEIN- Program Analyst, Federal Aviation Adminis- FRANKEN, Mr. SCHUMER, Mr. BENNET, STEIN, Mr. MCCAIN, Mr. BEGICH, Mrs. tration, Department of Transportation, Mr. MERKLEY, Mrs. SHAHEEN, Mr. BOXER, Mr. WICKER, Mr. BROWN of transmitting, pursuant to law, the report of UDALL of New Mexico, Mr. WYDEN, Ohio, Mr. LAUTENBERG, Mr. MERKLEY, a rule entitled ‘‘Airworthiness Directives; Mr. SANDERS, Mr. BEGICH, Mrs. MUR- Mr. COATS, Mr. CARDIN, Mr. CORNYN, Honeywell International Inc. TPE331–10 and RAY, Mr. MENENDEZ, Mr. LEVIN, Mr. and Mr. BLUNT): S. Res. 402. A resolution condemning Jo- TPE331–11 Series Turboprop Engines’’ KERRY, Mr. BINGAMAN, Mrs. BOXER, seph Kony and the Lord’s Resistance Army ((RIN2120–AA64) (Docket No. FAA–2011–0789)) Mr. HARKIN, Mr. LEAHY, Ms. STABE- for committing crimes against humanity and received in the Office of the President of the NOW, Mr. ROCKEFELLER, Mrs. GILLI- mass atrocities, and supporting ongoing ef- Senate on March 12, 2012; to the Committee BRAND, Mr. REED, Mr. BLUMENTHAL, forts by the United States Government and on Commerce, Science, and Transportation. Mr. DURBIN, Ms. KLOBUCHAR, Mr. governments in central Africa to remove Jo- EC–5438. A communication from the Senior COONS, Mr. CARDIN, Mr. UDALL of Col- seph Kony and Lord’s Resistance Army com- Program Analyst, Federal Aviation Adminis- orado, Mr. BROWN of Ohio, Mr. WEBB, manders from the battlefield; to the Com- tration, Department of Transportation, Mr. CONRAD, Mrs. MCCASKILL, Mr. mittee on Foreign Relations. transmitting, pursuant to law, the report of CASEY, Mr. AKAKA, Mr. LAUTENBERG, By Mr. REID (for himself and Mr. a rule entitled ‘‘Airworthiness Directives; Mrs. FEINSTEIN, and Ms. LANDRIEU): S. 2219. A bill to amend the Federal Elec- MCCONNELL): Bombardier, Inc. Airplanes’’ ((RIN2120–AA64) S. Res. 403. A resolution to authorize testi- tion Campaign Act of 1971 to provide for ad- (Docket No. FAA–2012–0037)) received in the mony, document production, and legal rep- ditional disclosure requirements for corpora- Office of the President of the Senate on resentation in United States v. Richard F. tions, labor organizations, Super PACs and March 12, 2012; to the Committee on Com- ‘‘Dickie’’ Scruggs; considered and agreed to. merce, Science, and Transportation. other entities, and for other purposes; to the EC–5439. A communication from the Senior Committee on Rules and Administration. f Program Analyst, Federal Aviation Adminis- By Mr. LEVIN: ADDITIONAL COSPONSORS tration, Department of Transportation, S. 2220. A bill for the relief of Momo Krcic; transmitting, pursuant to law, the report of to the Committee on the Judiciary. S. 102 a rule entitled ‘‘Airworthiness Directives; By Mr. THUNE (for himself, Mr. At the request of Mr. MCCAIN, the CFM International, S.A. Turbofan Engines’’ MORAN, Mr. MCCAIN, Mr. TESTER, Mr. name of the Senator from Florida (Mr.

VerDate Mar 15 2010 03:58 Mar 22, 2012 Jkt 019060 PO 00000 Frm 00060 Fmt 4624 Sfmt 0634 E:\CR\FM\A21MR6.045 S21MRPT1 pwalker on DSK7TPTVN1PROD with SENATE March 21, 2012 CONGRESSIONAL RECORD — SENATE S1933 RUBIO) was added as a cosponsor of S. (Mr. COBURN) was added as a cosponsor SEC. 2. FINDINGS; PURPOSE. 102, a bill to provide an optional fast- of S. 2165, a bill to enhance strategic (a) FINDINGS.—Congress makes the fol- track procedure the President may use cooperation between the United States lowing findings: when submitting rescission requests, and Israel, and for other purposes. (1) Export growth helps United States busi- and for other purposes. S. 2201 ness grow and create American jobs. In 2010, 60 percent of American exports came from S. 418 At the request of Mr. GRASSLEY, the small- and medium-sized businesses. At the request of Mr. MCCONNELL, his name of the Senator from Oregon (Mr. name was added as a cosponsor of S. (2) On January 31, 2011, the President man- MERKLEY) was added as a cosponsor of dated an executive review across agencies to 418, a bill to award a Congressional S. 2201, a bill to amend the Internal Gold Medal to the World War II mem- determine where the United States Govern- Revenue Code of 1986 to extend the re- ment could become more competitive and bers of the Civil Air Patrol. newable energy credit. helpful to business, including help with pro- S. 1039 S. 2204 moting exports. At the request of Mr. CARDIN, the (3) Several United States Government At the request of Mr. MENENDEZ, the names of the Senator from Ohio (Mr. agencies are involved in export promotion. names of the Senator from Michigan BROWN) and the Senator from Utah Coordination of the efforts of these agencies (Ms. STABENOW), the Senator from New (Mr. LEE) were added as cosponsors of through the Trade Promotion Coordinating S. 1039, a bill to impose sanctions on York (Mr. SCHUMER), the Senator from Committee lacks sufficient strategic imple- persons responsible for the detention, Illinois (Mr. DURBIN), the Senator from mentation and accountability. abuse, or death of Sergei Magnitsky, Florida (Mr. NELSON), the Senator from (4) Many other countries have trade promotion programs that aggressively compete for the conspiracy to defraud the Rus- Missouri (Mrs. MCCASKILL), the Sen- against United States exports in Africa and sian Federation of taxes on corporate ator from Minnesota (Mr. FRANKEN), the Senator from Rhode Island (Mr. around the world. For example, in 2010, profits through fraudulent transactions medium- and long-term official export credit REED) and the Senator from New and lawsuits against Hermitage, and general volumes from the Group of 7 coun- Hampshire (Mrs. SHAHEEN) were added for other gross violations of human tries (Canada, France, Germany, Italy, rights in the Russian Federation, and as cosponsors of S. 2204, a bill to elimi- Japan, the United Kingdom, and the United for other purposes. nate unnecessary tax subsidies and pro- States) totaled $65,400,000,000. Germany promote renewable energy and energy con- S. 1086 vided the largest level of support at servation. $22,500,000,000, followed by France at At the request of Mr. HARKIN, the names of the Senator from North Caro- S. 2213 $17,400,000,000 and the United States at $13,000,000,000. Official export credit support At the request of Mr. LUGAR, his lina (Mr. BURR) and the Senator from by emerging market economies such as name was withdrawn as a cosponsor of Pennsylvania (Mr. CASEY) were added Brazil, China, and India are significant as as cosponsors of S. 1086, a bill to reau- S. 2213, a bill to allow reciprocity for well. thorize the Special Olympics Sport and the carrying of certain concealed fire- (5) Between 2008 and 2010, China alone pro- Empowerment Act of 2004, to provide arms. vided more than $110,000,000,000 in loans to assistance to Best Buddies to support At the request of Mr. THUNE, the the developing world, and, in 2009, China sur- the expansion and development of men- names of the Senator from Kansas (Mr. passed the United States as the leading trade toring programs, and for other pur- MORAN) and the Senator from Kansas partner of African countries. The Export-Im- poses. (Mr. ROBERTS) were added as cospon- port Bank of the United States substantially increased lending to United States busi- S. 1129 sors of S. 2213, supra. nesses focused on Africa from $400,000,000 in At the request of Mr. BARRASSO, the S. RES. 356 2009 to an anticipated $1,000,000,000 in 2011, names of the Senator from Utah (Mr. At the request of Mrs. FEINSTEIN, the but the Export-Import Bank of China LEE) and the Senator from North Da- name of the Senator from Vermont dwarfed this effort with an estimated kota (Mr. HOEVEN) were added as co- (Mr. LEAHY) was added as a cosponsor $12,000,000,000 worth of financing. sponsors of S. 1129, a bill to amend the of S. Res. 356, a resolution expressing (6) Other countries such as India, Turkey, Federal Land Policy and Management support for the people of Tibet. Russia, and Brazil are also aggressively seeking markets in Africa using their national Act of 1976 to improve the management S. RES. 397 export banks to provide concessional assist- of grazing leases and permits, and for At the request of Mr. COONS, the other purposes. ance. name of the Senator from Pennsyl- (7) The Chinese practice of concessional fi- S. 1366 vania (Mr. CASEY) was added as a co- nancing runs contrary to the principles of At the request of Ms. CANTWELL, the sponsor of S. Res. 397, a resolution pro- the Organization of Economic Co-operation name of the Senator from Montana moting peace and stability in Sudan, and Development related to open market (Mr. TESTER) was added as a cosponsor and for other purposes. rates, undermines naturally competitive of S. 1366, a bill to amend the Internal rates, and can allow governments in Africa Revenue Code of 1986 to broaden the f to overlook the troubling record on labor special rules for certain governmental STATEMENTS ON INTRODUCED practices, human rights, and environmental plans under section 105(j) to include BILLS AND JOINT RESOLUTIONS impact. (8) The African continent is undergoing a plans established by political subdivi- By Mr. DURBIN (for himself, Mr. sions. period of rapid growth and middle class de- BOOZMAN, and Mr. COONS): velopment, as seen from major indicators S. 2090 S. 2215. A bill to create jobs in the such as Internet use and clean water access. At the request of Mr. AKAKA, the United States by increasing United In 2000, only 6.7 percent of the population of name of the Senator from Alaska (Mr. States exports to Africa by at least 200 Africa had access to the Internet. In 2009, 27.1 BEGICH) was added as a cosponsor of S. percent in real dollar value within 10 percent of the population had Internet ac- 2090, a bill to amend the Indian Law years, and for other purposes; to the cess. Seventy-eight percent of Africa’s rural Enforcement Reform Act to extend the population now has access to clean water. Committee on Foreign Relations. (9) Economists have designated Africa as period of time provided to the Indian Mr. DURBIN. Mr. President, I ask Law and Order Commission to produce the ‘‘next frontier market’’, with profit- unanimous consent that the text of the ability and growth rates among many Afri- a required report, and for other pur- bill be printed in the RECORD. can firms exceeding global averages in re- poses. There being no objection, the text of cent years. Countries in Africa have a collec- S. 2122 the bill was ordered to be printed in tive spending power of almost $9,000,000,000 At the request of Mr. PAUL, the name the RECORD, as follows: and a gross domestic product of $1,600,000,000,000, which are projected to dou- of the Senator from Florida (Mr. S. 2215 RUBIO) was added as a cosponsor of S. ble in the next 10 years. Be it enacted by the Senate and House of Rep- (10) Sub-Saharan Africa is projected to 2122, a bill to clarify the definition of resentatives of the United States of America in navigable waters, and for other pur- have the fastest growing economies in the Congress assembled, world over the next 5 years, with 7 of the 10 poses. SECTION 1. SHORT TITLE. fastest growing economies located in sub-Sa- S. 2165 This Act may be cited as the ‘‘Increasing haran Africa. At the request of Mrs. BOXER, the American Jobs Through Greater Exports to (11) When countries such as China assist name of the Senator from Oklahoma Africa Act of 2012’’. with large-scale government projects, they

VerDate Mar 15 2010 03:58 Mar 22, 2012 Jkt 019060 PO 00000 Frm 00061 Fmt 4624 Sfmt 0634 E:\CR\FM\A21MR6.034 S21MRPT1 pwalker on DSK7TPTVN1PROD with SENATE S1934 CONGRESSIONAL RECORD — SENATE March 21, 2012 also gain an upper hand in relations with Af- the President shall establish a comprehen- (B) has been successful in increasing the rican leaders and access to valuable com- sive United States strategy for public and competitiveness of United States businesses modities such as oil and copper, typically private investment, trade, and development in Africa; without regard to environmental, human in Africa. (C) has been successful in creating jobs in rights, labor, or governance standards. the United States, including the nature and (b) FOCUS OF STRATEGY.—The strategy re- (12) Unless the United States can offer sustainability of such jobs; quired by subsection (a) shall focus on— competitive financing for its firms in Africa, (D) has provided sufficient United States (1) increasing exports of United States it will be deprived of opportunities to par- Government support to meet third country goods and services to Africa by 200 percent in ticipate in African efforts to close the con- competition in the region; real dollar value within 10 years from the tinent’s significant infrastructure gap that (E) has been successful in helping the Afri- date of the enactment of this Act; amounts to an estimated $100,000,000,000. can diaspora in the United States participate (2) coordinating United States commercial (b) PURPOSE.—The purpose of this Act is to in economic growth in Africa; interests with development priorities in Af- create jobs in the United States by expand- (F) has been successful in promoting eco- rica; ing programs that will result in increasing nomic integration in Africa; and (3) developing relationships between the United States exports to Africa by 200 per- (G) has made a meaningful contribution to governments of countries in Africa and cent in real dollar value within 10 years. the transformation of Africa and its full in- United States businesses that have an exper- tegration into the twenty-first century SEC. 3. DEFINITIONS. tise in such issues as infrastructure develop- world economy, not only as a supplier of pri- In this Act: ment, technology, telecommunications, en- mary products but also as full participant in (1) AFRICA.—The term ‘‘Africa’’ refers to ergy, and agriculture; international supply and distribution chains. the entire continent of Africa and its 54 (4) improving the competitiveness of countries, including the Republic of South United States businesses in Africa, including SEC. 5. SPECIAL AFRICA STRATEGY COORDI- Sudan. the role the African diaspora can play in en- NATOR. The President shall designate an individual (2) AFRICAN DIASPORA.—The term ‘‘African hancing such competitiveness; to serve as Special Africa Export Strategy diaspora’’ means the people of African origin (5) exploring ways that African diaspora Coordinator— living in the United States, irrespective of remittances can help governments in Africa (1) to oversee the development and imple- their citizenship and nationality, who are tackle economic, development, and infra- mentation of the strategy required by sec- willing to contribute to the development of structure financing needs; tion 4; and Africa. (6) promoting economic integration in Af- (2) to coordinate with the Trade Promotion (3) AGOA.—The term ‘‘AGOA’’ means the rica through working with the subregional Coordinating Committee, (the interagency African Growth and Opportunity Act (19 economic communities, supporting efforts AGOA committees), and development agen- U.S.C. 3701 et seq.). for deeper integration through the develop- cies with respect to developing and imple- (4) APPROPRIATE CONGRESSIONAL COMMIT- ment of customs unions within western and menting the strategy. TEES.—The term ‘‘appropriate congressional central Africa and within eastern and south- committees’’ means— ern Africa, eliminating time-consuming bor- SEC. 6. TRADE MISSION TO AFRICA. (A) the Committee on Appropriations, the der formalities into and within these areas, It is the sense of Congress that, not later Committee on Banking, Housing, and Urban and supporting regionally based infrastruc- than 1 year after the date of the enactment Affairs, and the Committee on Foreign Rela- ture projects; of this Act, the Secretary of Commerce and tions of the Senate; and (7) encouraging a greater understanding other high-level officials of the United (B) the Committee on Appropriations, the among United States business and financial States Government with responsibility for Committee on Energy and Commerce, the communities of the opportunities Africa export promotion, financing, and develop- Committee on Financial Services, the Com- holds for United States exports; and ment should conduct a joint trade mission to mittee on Foreign Affairs, and the Com- (8) monitoring— Africa. mittee on Ways and Means of the House of (A) market loan rates and the availability SEC. 7. PERSONNEL. Representatives. of capital for United States business invest- (a) UNITED STATES AND FOREIGN COMMER- (5) DEVELOPMENT AGENCIES.—The term ‘‘de- ment in Africa; CIAL SERVICE.— velopment agencies’’ includes the Depart- (B) loan rates offered by the governments (1) IN GENERAL.—As soon as practicable ment of State, including the United States of other countries for investment in Africa; after the date of the enactment of this Act, Agency for International Development and the Secretary of Commerce shall ensure that (USAID), the Millennium Challenge Corpora- (C) the policies of other countries with re- not less than 14 total United States and For- tion (MCC), the Overseas Private Investment spect to export financing for investment in eign Commercial Service officers are as- Corporation (OPIC), and the United States Africa that are predatory or distort markets. signed to Africa. Trade and Development Agency (USTDA). (2) ASSIGNMENT.—The Secretary shall, in (c) CONSULTATIONS.—In developing the (6) TRADE POLICY STAFF COMMITTEE.—The consultation with the Trade Promotion Co- strategy required by subsection (a), the term ‘‘Trade Policy Staff Committee’’ means ordinating Committee and the Special Africa President shall consult with— the Trade Policy Staff Committee estab- Export Strategy Coordinator, assign the (1) Congress; lished pursuant to section 2002.2 of title 15, United States and Foreign Commercial Serv- (2) each agency that is a member of the Code of Federal Regulations, and is com- ice officers described in paragraph (1) to Trade Promotion Coordinating Committee; posed of representatives of Federal agencies United States embassies in Africa. (3) the multilateral development banks; in charge of developing and coordinating (3) MULTILATERAL DEVELOPMENT BANKS.— (4) each agency that participates in the United States positions on international (A) IN GENERAL.—As soon as practicable Trade Policy Staff Committee; trade and trade-related investment issues. after the date of the enactment of this Act, (5) the President’s National Export Coun- (7) MULTILATERAL DEVELOPMENT BANKS.— the Secretary of Commerce shall assign not cil; The term ‘‘multilateral development banks’’ less than 1 full-time United States and For- (6) each of the development agencies; has the meaning given that term in section eign Commercial Service officer to the office (7) any other Federal agencies with respon- 1701(c)(4) of the International Financial In- of the United States Executive Director at sibility for export promotion or financing stitutions Act (22 U.S.C. 262r(c)(4)) and in- each multilateral development bank. and development; and cludes the African Development Foundation. (B) RESPONSIBILITIES.—Each United States (8) the private sector, including businesses, (8) SUB-SAHARAN REGION.—The term ‘‘sub- and Foreign Commercial Service officer as- nongovernmental organizations, and African Saharan region’’ refers to the 49 countries signed under subparagraph (A) shall be re- diaspora groups. listed in section 107 of the African Growth sponsible for— and Opportunity Act (19 U.S.C. 3706) and in- (d) SUBMISSION TO CONGRESS.— (i) increasing the access of United States cludes the Republic of South Sudan. (1) STRATEGY.—Not later than 180 days businesses to procurement contracts with (9) TRADE PROMOTION COORDINATING COM- after the date of the enactment of this Act, the multilateral development bank to which MITTEE.—The term ‘‘Trade Promotion Co- the President shall submit to Congress the the officer is assigned; and ordinating Committee’’ means the Trade strategy required by subsection (a). (ii) facilitating the access of United States Promotion Coordinating Committee estab- (2) PROGRESS REPORT.—Not later than 3 businesses to risk insurance, equity invest- lished by Executive Order 12870 (58 Fed. Reg. years after the date of the enactment of this ments, consulting services, and lending pro- 51753). Act, the President shall submit to Congress vided by that bank. (10) UNITED STATES AND FOREIGN COMMER- a report on the implementation of the strat- (b) EXPORT-IMPORT BANK OF THE UNITED CIAL SERVICE.—The term ‘‘United States and egy required by subsection (a). STATES.—Of the amounts collected by the Foreign Commercial Service’’ means the (3) CONTENT OF REPORT.—The report re- Export-Import Bank that remain after pay- United States and Foreign Commercial Serv- quired by paragraph (2) shall include an as- ing the expenses the Bank is authorized to ice established by section 2301 of the Export sessment of the extent to which the strategy pay from such amounts for administrative Enhancement Act of 1988 (15 U.S.C. 4721). required by subsection (a)— expenses, the Bank shall use sufficient funds SEC. 4. STRATEGY. (A) has been successful in developing crit- to do the following: (a) IN GENERAL.—Not later than 180 days ical analyses of policies to increase exports (1) Assign, in consultation with the Trade after the date of the enactment of this Act, to Africa; Promotion Coordinating Committee and the

VerDate Mar 15 2010 03:58 Mar 22, 2012 Jkt 019060 PO 00000 Frm 00062 Fmt 4624 Sfmt 0634 E:\CR\FM\A21MR6.036 S21MRPT1 pwalker on DSK7TPTVN1PROD with SENATE March 21, 2012 CONGRESSIONAL RECORD — SENATE S1935 Special Africa Export Strategy Coordinator, plicable amount under paragraph (1)(F) has gional agreements that encourage trade and not less than 3 full-time employees of the been effective in increasing viable loans to eliminate nontariff barriers to trade between Bank to geographically appropriate field of- further United States exports, including to countries, such as negotiating investor fices in Africa. Africa. friendly double-taxation treaties and invest- (2) Increase the number of employees of the ‘‘(B) REPORT BY GAO.—The Comptroller ment promotion agreements. United States Bank assigned to United States field offices General of the United States shall conduct a negotiators in multilateral forum should of the Bank to not less than 30, to be distrib- study of the operations of the Bank and the take into account the objectives of this Act. uted as geographically appropriate through effectiveness of increasing the applicable To the extent any such agreements exist be- the United States. Such offices shall coordi- amount under this subsection. Not later than tween the United States and an African nate with the related export efforts under- 18 months after the date of the enactment of country, the Trade Representative shall en- taken by the Small Business Administration this Act, the Comptroller General shall sub- sure that the agreement is being imple- regional field offices. mit a report to Congress regarding the mented in a manner that maximizes the (3) Upgrade the Bank’s equipment and soft- Comptroller General’s determination on the positive effects for United States trade, ex- ware to more expeditiously, effectively, and effective use by the Bank of the increase in port, and labor interests as well as the eco- efficiently process and track applications for the applicable amount under this sub- nomic development of the countries in Afri- financing received by the Bank. section.’’. ca. (c) OVERSEAS PRIVATE INVESTMENT COR- (c) PERCENT TO BE USED FOR PROJECTS IN PORATION.— AFRICA.—Section 6(a) of the Export-Import By Mr. GRASSLEY (for himself, (1) STAFFING.—Of the net offsetting collec- Bank Act of 1945 (12 U.S.C. 635e(a)), as Mr. JOHNSON of South Dakota, tions collected by the Overseas Private In- amended by subsection (b), is amended by Mr. BROWN of Ohio, Mrs. GILLI- vestment Corporation used for administra- adding at the end the following: BRAND, Mr. ENZI, Mr. NELSON of tive expenses, the Corporation shall use suf- ‘‘(5) PERCENT OF INCREASE TO BE USED FOR Nebraska, and Mr. HARKIN): ficient funds to increase by not more than 5 PROJECTS IN AFRICA.—Not less than 25 per- S. 2217. A bill to amend the Food Se- the staff needed to promote stable and sus- cent of the amount by which the applicable curity Act of 1985 to restore integrity tainable economic growth and development amount under paragraph (1) is increased to and strengthen payment limitation in Africa, to strengthen and expand the pri- under paragraph (2) (F) or (G) over the appli- vate sector in Africa, and to facilitate the cable amount for fiscal year 2011 shall be rules for commodity payments and general economic development of Africa, used for loans, guarantees, and insurance for benefits; to the Committee on Agri- with a particular focus on helping United projects in Africa.’’. culture, Nutrition, and Forestry. States businesses expand into African mar- (d) AVAILABILITY OF PORTION OF CAPITAL- Mr. GRASSLEY. Mr. President, kets. IZATION TO COMPETE AGAINST FOREIGN today I am introducing the Rural (2) REPORT.—The Corporation shall report CONCESSIONAL LOANS.—Not less than America Preservation Act of 2012. I ap- to the appropriate congressional committees $250,000,000 of the total bank capitalization preciate Senators JOHNSON of South on whether recent technology upgrades have of the Export-Import Bank shall be available Dakota, ENZI, BROWN of Ohio, GILLI- resulted in more effective and efficient proc- annually for loans that counter below-mar- BRAND, HARKIN, and NELSON of Ne- essing and tracking of applications for fi- ket rate, preferential, tied aid, or other re- nancing received by the Corporation. lated non-market loans offered by other na- braska for joining on this bill, and in tions for which United States companies are this effort. SEC. 8. TRAINING. As the Senate Agriculture Com- The President shall develop a plan— also competing or interested in competing. (1) to standardize the training received by SEC. 10. TIED AID CREDIT FUND. mittee continues working on the next United States and Foreign Commercial Serv- (a) SENSE OF CONGRESS.—It is the sense of Farm Bill, one thing seems to be clear. ice officers, economic officers of the Depart- Congress that the Export-Import Bank The title one safety-net is going to ment of State, and economic officers of the should use its Tied Aid Credit Fund to ag- look quite different than current pro- United States Agency for International De- gressively help United States companies grams. It appears the direct payment velopment with respect to the programs and compete for projects in which a foreign gov- program may be done away with en- procedures of the Export-Import Bank of the ernment is using any type of below market, tirely. Some of my colleagues and agri- United States, the Overseas Private Invest- preferential, or tied aid loan. The Bank shall culture groups have proposed a variety ment Corporation, the Small Business Ad- make use of any loan products available, in- of new ideas as possible replacements ministration, and the United States Trade cluding pursuant to section 9(d), to counter and Development Agency; and these foreign offerings. to the current commodity title. (2) to ensure that, not later than 1 year (b) REPORT.—Not later than 1 year after No matter what commodity program after the date of the enactment of this Act— the date of the enactment of this Act, and we create, my bill sets the marker on (A) all United States and Foreign Commer- annually thereafter, the Export-Import Bank payment limitations. I introduced a cial Service officers that are stationed over- shall report to the appropriate congressional similar payment limits bill last year, seas receive the training described in para- committees if the Bank has not used at least but this bill should better address graph (1); and $220,000,000 in tied aid credit during the pre- whatever type of safety-net program (B) in the case of a country to which no ceding fiscal year. The report shall include— we adopt going forward. The premise United States and Foreign Commercial Serv- (1) a description of all requests for grants remains the same. We need firm pay- ice officer is assigned, any economic officer from the Tied-Aid Credit Fund or other simi- of the Department of State stationed in that lar funds (established under section 10 of the ment limit. We need to close loopholes. country shall receive that training. Export-Import Bank Act of 1945 (12 U.S.C. I support having a safety-net for SEC. 9. EXPORT-IMPORT BANK CAPITALIZATION. 635i–3)) received by the Bank during that fis- farmers. This nation enjoys a safe and (a) IN GENERAL.—Section 6(a)(2) of the Ex- cal year; abundant food supply. Certainly a lot port-Import Bank Act of 1945 (12 U.S.C. (2) a description of similar concessional of that can be attributed to the inge- 635e(a)(2)) is amended— (below market rate) loans made by other nuity and hard work of the American (1) in subparagraph (D), by striking ‘‘and’’; countries during that fiscal year; and farmer. But the farm safety-net helps (2) in subparagraph (E), by striking ‘‘2011,’’ (3) a description of any such grant requests small and medium-size farmers get and inserting ‘‘2011, $95,000,000,000;’’; and that were denied and the reason for such de- through tough times that are out of (3) by adding at the end the following: nial. their control. ‘‘(F) during fiscal year 2012 and each fiscal SEC. 11. SMALL BUSINESS ADMINISTRATION. We need an effective safety-net to as- year thereafter through fiscal year 2016, Section 22(b) of the Small Business Act (15 sist farmers. But equally important is $150,000,000,000; and U.S.C. 649(b)) is amended— ‘‘(G) subject to paragraph (4), during fiscal (1) in the matter preceding paragraph (1), for Congress to develop a defensible year 2017 and each fiscal year thereafter, by inserting ‘‘the Trade Promotion Coordi- safety-net. I will continue to work with $175,000,000,000.’’. nating Committee,’’ after ‘‘Director of the my Agriculture committee colleagues (b) SPECIAL RULE FOR INCREASE IN APPLICA- United States Trade and Development Agen- to figure out what type of program will BLE AMOUNT.—Section 6(a) of the Export-Im- cy,’’; and be most effective. port Bank Act of 1945 (12 U.S.C. 635e(a)) is (2) in paragraph (3), by inserting ‘‘regional But we already know the steps that amended by adding at the end the following: offices of the Export-Import Bank,’’ after need to be taken to make it more de- ‘‘(4) SPECIAL RULE FOR INCREASE IN APPLICA- ‘‘Retired Executives,’’. fensible. Defensible means setting firm BLE AMOUNT.— SEC. 12. BILATERAL, SUBREGIONAL AND RE- caps on the farm payments any one ‘‘(A) IN GENERAL.—Beginning in fiscal year GIONAL, AND MULTILATERAL farmer can receive. The current ap- 2017, and each fiscal year thereafter, the ap- AGREEMENTS. plicable amount under paragraph (1) shall be Where applicable, the United States Trade proach does not have any overall cap. $175,000,000,000, if the Comptroller General of Representative and officials of the Export- There is nothing wrong with farmers the United States determines pursuant to Import Bank shall explore opportunities to growing their operations. But big farm- subparagraph (B) that the increase in the ap- negotiate bilateral, subregional, and re- ers shouldn’t be using taxpayer dollars

VerDate Mar 15 2010 03:58 Mar 22, 2012 Jkt 019060 PO 00000 Frm 00063 Fmt 4624 Sfmt 0634 E:\CR\FM\A21MR6.036 S21MRPT1 pwalker on DSK7TPTVN1PROD with SENATE S1936 CONGRESSIONAL RECORD — SENATE March 21, 2012 to get even bigger. When the largest 10 by anyone who wants an effective and Act of 2008 (7 U.S.C. 8702 et seq.) (or a suc- percent of farmers receive 70 percent of defensible farm safety-net. As the Sen- cessor provision). farm payments, something is wrong. ate Agriculture Committee heads to- ‘‘(d) SPOUSAL EQUITY.— There comes a point where some farms ward a mark-up of the Farm Bill, I in- ‘‘(1) IN GENERAL.—Notwithstanding sub- reach levels that allow them to weath- vite my Senate colleagues to join me sections (b) and (c), except as provided in er the tough financial times on their paragraph (2), if a person and the spouse of in supporting this bill. the person are covered by paragraph (2) and own. Smaller farms do not have the Mr. President, I ask unanimous con- receive, directly or indirectly, any payment same luxury, but they play a pivotal sent that the text of the bill be printed or gain covered by this section, the total role in producing this nation’s food. in the RECORD. amount of payments or gains (as applicable) If you want to witness how farm pay- There being no objection, the text of covered by this section that the person and ments to big farmers creates a barrier the bill was ordered to be printed in spouse may jointly receive during any crop for small and beginning farmers, look the RECORD, as follows: year may not exceed an amount equal to twice the applicable dollar amounts specified at land prices. The current system puts S. 2217 upward pressure on land prices making in subsections (b) and (c). Be it enacted by the Senate and House of Rep- ‘‘(2) EXCEPTIONS.— it more difficult for small and begin- resentatives of the United States of America in ning farmers to buy ground. This is not ‘‘(A) SEPARATE FARMING OPERATIONS.—In Congress assembled, the case of a married couple in which each unique to Iowa. This upward pressure SECTION 1. SHORT TITLE. spouse, before the marriage, was separately on land prices is occurring in many This Act may be cited as the ‘‘Rural Amer- engaged in an unrelated farming operation, other states. ica Preservation Act of 2012’’. each spouse shall be treated as a separate This bill proposes an overall cap of SEC. 2. PAYMENT LIMITATIONS. person with respect to a farming operation $250,000 for a married couple. In my Section 1001 of the Food Security of 1985 (7 brought into the marriage by a spouse, sub- State, many people would say this is U.S.C. 1308) is amended— ject to the condition that the farming oper- still too high. But I recognize that ag- (1) in subsection (a), by striking paragraph ation shall remain a separate farming oper- riculture can look different around the (3) and inserting the following: ation, as determined by the Secretary. country, and so this is a compromise. ‘‘(3) LEGAL ENTITY.— ‘‘(B) ELECTION TO RECEIVE SEPARATE PAY- Strong payment limits will ensure ‘‘(A) IN GENERAL.—The term ‘legal entity’ MENTS.—A married couple may elect to receive payments separately in the name of farm payments are helping those who means— ‘‘(i) an organization that (subject to the re- each spouse if the total amount of payments payments were originally created for, quirements of this section and section 1001A) and benefits described in subsections (b) and the small and medium-size farmers. is eligible to receive a payment under a pro- (c) that the married couple receives, directly Having an overall cap is more defen- vision of law referred to in subsection (b), or indirectly, does not exceed an amount sible from a Federal budget standpoint (c), or (d); equal to twice the applicable dollar amounts as well. This Nation needs to make ‘‘(ii) a corporation, joint stock company, specified in those subsections.’’; tough decisions regarding all govern- association, limited partnership, limited li- (3) in paragraph (3)(B) of subsection (f), by ment programs. We need to find sav- ability company, limited liability partner- adding at the end the following: ings across the board. Setting strict ship, charitable organization, estate, irrev- ‘‘(iii) IRREVOCABLE TRUSTS.—In promul- gating regulations to define the term ‘legal caps on all commodity programs ocable trust, grantor of a revocable trust, or other similar entity (as determined by the entity’ as the term applies to irrevocable should be a no-brainer as we look to Secretary); and trusts, the Secretary shall ensure that irrev- find savings and increase account- ‘‘(iii) an organization that is participating ocable trusts are legitimate entities that ability in farm programs. Having a de- in a farming operation as a partner in a gen- have not been created for the purpose of fensible safety-net also means closing eral partnership or as a participant in a joint avoiding a payment limitation.’’; and loopholes in the current law. venture. (4) in subsection (h), in the second sen- For all the rhetoric that comes out of ‘‘(B) EXCLUSION.—The term ‘legal entity’ tence, by striking ‘‘or other entity’’ and in- Washington, D.C. about eliminating does not include a general partnership or serting ‘‘or legal entity’’. fraud, waste, and abuse, making sure joint venture.’’; SEC. 3. SUBSTANTIVE CHANGE; PAYMENTS LIM- non-farmers don’t game the system is a (2) by striking subsections (b) through (d) ITED TO ACTIVE FARMERS. common sense step to take. It’s simple, and inserting the following: The Food Security Act of 1985 is amended ‘‘(b) LIMITATION ON PAYMENTS FOR COVERED by striking section 1001A (7 U.S.C. 1308–1) and if you are not a farmer, you shouldn’t COMMODITIES.—The total amount of pay- inserting the following: get a farm payment. The bill I intro- ments received, directly or indirectly, by a duced last year, and this bill, has lan- person or legal entity for any crop year for ‘‘SEC. 1001A. SUBSTANTIVE CHANGE; PAYMENTS guage that closes the loopholes. 1 or more covered commodities (except for LIMITED TO ACTIVE FARMERS. After I introduced the bill last year, peanuts) under title I of the Food, Conserva- ‘‘(a) SUBSTANTIVE CHANGE.— we received some questions regarding tion, and Energy Act of 2008 (7 U.S.C. 8701 et ‘‘(1) IN GENERAL.—For purposes of the ap- the language from two camps of people. seq.) (or a successor provision) may not ex- plication of limitations under this section, The first camp of people I would say ceed $125,000, of which— the Secretary shall not approve any change were critical because they don’t want ‘‘(1) not more than $75,000 may consist of in a farming operation that otherwise would marketing loan gains and loan deficiency increase the number of persons or legal enti- the loopholes closed. They would have payments under subtitle B or C of title I of ties to which the limitations under this sec- us turn a blind eye to the fact people the Food, Conservation, and Energy Act of tion apply, unless the Secretary determines game the system. They would have us 2008 (7 U.S.C. 8731 et seq.) (or a successor pro- that the change is bona fide and substantive. turn a blind eye to the fact we have vision); and ‘‘(2) SEPARATE EQUIPMENT AND LABOR.—For nonfarmers who claim to help ‘‘man- ‘‘(2) not more than $50,000 may consist of the purpose of paragraph (1), any division of age’’ the farm by participating in one any other payments made for covered com- a farming operation into 2 or more units or two conference calls a year. To modities under title I of the Food, Conserva- under which the equipment and labor are not those people, I cannot satisfy your con- tion, and Energy Act of 2008 (7 U.S.C. 8702 et substantially separate shall not be consid- cerns. I will not turn a blind eye to seq.) (or a successor provision). ered bona fide and substantive. ‘‘(c) LIMITATION ON PAYMENTS FOR PEA- ‘‘(3) FAMILY MEMBERS.—For the purpose of abuses. These are loopholes that need NUTS.—The total amount of payments re- paragraph (1), the addition of a family mem- to be closed. ceived, directly or indirectly, by a person or ber to a farming operation under the criteria To the other camp of people, who legal entity for any crop year for peanuts established under subsection (b)(3)(B) shall have provided constructive feedback, I under title I of the Food, Conservation, and be considered to be a bona fide and sub- would say, we have listened. The revi- Energy Act of 2008 (7 U.S.C. 8701 et seq.) (or stantive change in the farming operation. sions we made addressed the issues a successor provision) may not exceed ‘‘(4) PRIMARY CONTROL.—To prevent a farm- raised. We have improved the language $125,000, of which— ing operation from reorganizing in a manner closing the loopholes. This bill pro- ‘‘(1) not more than $75,000 may consist of that is inconsistent with the purposes of this vides a tangible, workable, and fair ap- marketing loan gains and loan deficiency Act, the Secretary shall promulgate such proach. Closing these loopholes is the payments under subtitle B or C of title I of regulations as the Secretary determines to the Food, Conservation, and Energy Act of be necessary to simultaneously attribute right thing to do for the American tax- 2008 (7 U.S.C. 8731 et seq.) (or a successor pro- payments for a farming operation to more payer. It is the right thing to do for the vision); and than 1 person or legal entity, including the American farmer. ‘‘(2) not more than $50,000 may consist of person or legal entity that exercises primary Hard caps on farm payments and any other payments made for peanuts under control over the farming operation, includ- closing loopholes should be supported title I of the Food, Conservation, and Energy ing to respond to—

VerDate Mar 15 2010 05:20 Mar 22, 2012 Jkt 019060 PO 00000 Frm 00064 Fmt 4624 Sfmt 0634 E:\CR\FM\G21MR6.020 S21MRPT1 pwalker on DSK7TPTVN1PROD with SENATE March 21, 2012 CONGRESSIONAL RECORD — SENATE S1937 ‘‘(A)(i) any instance in which ownership of joint venture, or similar entity (as deter- personal labor and, with respect to such con- a farming operation is transferred to a per- mined by the Secretary) separately makes a tribution, who meets the requirements of son or legal entity under an arrangement significant contribution (based on the total subclauses (II) and (III) of paragraph that provides for the sale or exchange of any value of the farming operation involved) of (2)(B)(i). asset or ownership interest in 1 or more legal capital, equipment, or land, the partners or ‘‘(C) SHARECROPPERS.—A sharecropper who entities at less than fair market value; and members making a significant contribution makes a significant contribution of personal ‘‘(ii) the transferor is provided preferential of personal labor or active personal manage- labor to the farming operation and, with re- rights to repurchase the asset or interest at ment and meeting the standards provided in spect to such contribution, who meets the less than fair market value; or subclauses (II) and (III) of subparagraph requirements of subclauses (II) and (III) of ‘‘(B) a sale or exchange of any asset or (B)(i) shall be considered to be actively en- paragraph (2)(B)(i), and who was receiving ownership interest in 1 or more legal entities gaged in farming with respect to the farming payments from the landowner as a share- under an arrangement under which rights to operation involved. cropper prior to the effective date of the exercise control over the asset or interest ‘‘(D) EQUIPMENT AND PERSONAL LABOR.—In Food, Conservation, and Energy Act of 2008 are retained, directly or indirectly, by the making determinations under this sub- (Public Law 110–246; 122 Stat. 1651). transferor. section regarding equipment and personal ‘‘(D) FARM MANAGERS.—A person who oth- ‘‘(b) PAYMENTS LIMITED TO ACTIVE FARM- labor, the Secretary shall take into consider- erwise meets the requirements of this sub- ERS.— ation the equipment and personal labor nor- section other than paragraph (2)(E) if— ‘‘(1) IN GENERAL.—To be eligible to receive, mally and customarily provided by farm op- ‘‘(i) the individual— directly or indirectly, payments or benefits erators in the area involved to produce pro- ‘‘(I)(aa) provides more than 50 percent of described as being subject to limitation in gram crops. the commensurate share of the total number subsection (b) or (c) of section 1001 with re- ‘‘(E) SIGNIFICANT CONTRIBUTION OF PER- of hours of active personal management respect to a particular farming operation, a SONAL LABOR OR ACTIVE PERSONAL MANAGE- quired to conduct the farming operation; and person or legal entity shall be actively en- MENT.— ‘‘(bb) is, with respect to the commensurate gaged in farming with respect to the farming ‘‘(i) IN GENERAL.—Subject to clause (ii), for share of the individual, the only party who is operation, in accordance with paragraphs (2), purposes of subparagraph (B), a person shall providing active personal management and (3), and (4). be considered to be providing, on behalf of who is at risk, other than a landlord, if any, ‘‘(2) GENERAL CLASSES ACTIVELY ENGAGED IN the person or a legal entity, a significant FARMING.— contribution of personal labor or active per- described in subparagraph (A); or ‘‘(A) DEFINITION OF ACTIVE PERSONAL MAN- sonal management, if the total contribution ‘‘(II)(aa) is the only individual qualifying AGEMENT.—In this paragraph, the term ‘ac- of personal labor and active personal man- the farming operation (including a sole pro- tive personal management’ means, with re- agement is at least equal to the lesser of— prietorship, legal entity, general partner- spect to a person, management duties car- ‘‘(I) 1,000 hours; or ship, or joint venture) as actively engaged in ried out by the person for a farming oper- ‘‘(II) a period of time equal to— farming; and ation that are personally provided by the ‘‘(aa) 50 percent of the commensurate share ‘‘(bb) qualifies only a single sole propri- person on a regular, continuous, and sub- of the total number of hours of personal etorship, legal entity, general partnership, stantial basis, including the supervision and labor or active personal management re- or joint venture as actively engaged in farm- direction of— quired to conduct the farming operation; or ing; ‘‘(i) activities and labor involved in the ‘‘(bb) in the case of a stockholder or mem- ‘‘(ii) the individual does not provide active farming operation; and ber (or household comprised of a stockholder personal management to meet the require- ‘‘(ii) onsite services directly related and or member and the spouse of the stockholder ments of this subsection for persons or legal necessary to the farming operation. or member) that owns at least 10 percent of entities that collectively receive, directly or ‘‘(B) ACTIVE ENGAGEMENT.—Except as pro- the beneficial interest in a legal entity in indirectly, an amount equal to more than vided in paragraph (3), for purposes of para- which all of the beneficial interests are held the applicable limits under subsections (b), graph (1), the following shall apply: by family members who do not collectively (c), and (d) of section 1001; and ‘‘(i) A person shall be considered to be ac- receive payments directly or indirectly, in- ‘‘(iii) the individual manages a farm oper- tively engaged in farming with respect to a cluding payments received by spouses, of ation that is not jointly managed with per- farming operation if— more than twice the applicable limit, 50 persons or legal entities that collectively re- ‘‘(I) the person makes a significant con- cent of the commensurate share of hours of ceive, directly or indirectly, an amount tribution, as determined under subparagraph the personal labor or active personal man- equal to more than the applicable limits (E) (based on the total value of the farming agement of all family members required to under subsections (b), (c), and (d) of section operation), to the farming operation of— conduct the farming operation. 1001. ‘‘(aa) capital, equipment, or land; and ‘‘(ii) MINIMUM LABOR HOURS.—For the pur- ‘‘(4) PERSONS AND LEGAL ENTITIES NOT AC- ‘‘(bb) personal labor or active personal pose of clause (i), the minimum number of TIVELY ENGAGED IN FARMING.—For the pur- management; labor hours required to produce a commodity poses of paragraph (1), except as provided in ‘‘(II) the share of the profits or losses of shall be equal to the number of hours that paragraph (3), the following persons and the person from the farming operation is would be necessary to conduct a farming op- legal entities shall not be considered to be commensurate with the contributions of the eration for the production of each com- actively engaged in farming with respect to person to the operation; and modity that is comparable in size to the a farm operation: ‘‘(III) a contribution of the person is at commensurate share of a person or legal en- ‘‘(A) LANDLORDS.—A landlord contributing risk. tity in the farming operation for the produc- land to the farming operation if the landlord ‘‘(ii) A legal entity shall be considered to tion of the commodity, based on the min- receives cash rent, or a crop share guaran- be actively engaged in farming with respect imum number of hours per acre required to teed as to the amount of the commodity to to a farming operation if— produce the commodity in the State in be paid in rent, for such use of the land. ‘‘(I) the legal entity makes a significant which the farming operation is located, as ‘‘(B) OTHER PERSONS AND LEGAL ENTITIES.— contribution, as determined under subpara- determined by the Secretary. Any other person or legal entity, or class of graph (E) (based on the total value of the ‘‘(3) SPECIAL CLASSES ACTIVELY ENGAGED IN persons or legal entities, that fails to meet farming operation), to the farming operation FARMING.—Notwithstanding paragraph (2), the requirements of paragraphs (2) and (3), as of capital, equipment, or land; the following persons shall be considered to determined by the Secretary. ‘‘(II)(aa) the stockholders or members that be actively engaged in farming with respect ‘‘(5) PERSONAL LABOR OR ACTIVE PERSONAL collectively own at least 51 percent of the to a farm operation: MANAGEMENT.—No stockholder or other combined beneficial interest in the legal en- ‘‘(A) LANDOWNERS.—A person or legal enti- member of a legal entity or person may pro- tity each make a significant contribution of ty that is a landowner contributing owned vide personal labor or active personal man- personal labor or active personal manage- land, and that meets the requirements of agement to meet the requirements of this ment to the operation; or subclauses (II) and (III) of paragraph subsection for persons or legal entities that ‘‘(bb) in the case of a legal entity in which (2)(B)(i), if, as determined by the Secretary— collectively receive, directly or indirectly, all of the beneficial interests are held by ‘‘(i) the landowner share-rents the land at an amount equal to— family members, any stockholder or member a rate that is usual and customary; and ‘‘(A) more than the applicable limits under (or household comprised of a stockholder or ‘‘(ii) the share received by the landowner is subsections (b) and (c) of section 1001; or member and the spouse of the stockholder or commensurate with the share of the crop or ‘‘(B) in the case of a stockholder or mem- member) who owns at least 10 percent of the income received as rent. ber in conjunction with the spouse of the beneficial interest in the legal entity makes ‘‘(B) FAMILY MEMBERS.—With respect to a stockholder or member, more than the appli- a significant contribution of personal labor farming operation conducted by persons who cable limits described in subparagraph (A). or active personal management; and are family members, or a legal entity the ‘‘(6) CUSTOM FARMING SERVICES.—A person ‘‘(III) the legal entity meets the require- majority of the stockholders or members of or legal entity receiving custom farming ments of subclauses (II) and (III) of clause which are family members, an adult family services will be considered separately eligi- (i). member who makes a significant contribu- ble for payment limitation purposes if the ‘‘(C) CERTAIN ENTITIES MAKING SIGNIFICANT tion (based on the total value of the farming person or legal entity is actively engaged in CONTRIBUTIONS.—If a general partnership, operation) of active personal management or farming based on paragraphs (1) through (3).

VerDate Mar 15 2010 03:58 Mar 22, 2012 Jkt 019060 PO 00000 Frm 00065 Fmt 4624 Sfmt 0634 E:\CR\FM\A21MR6.038 S21MRPT1 pwalker on DSK7TPTVN1PROD with SENATE S1938 CONGRESSIONAL RECORD — SENATE March 21, 2012 ‘‘(7) GROWERS OF HYBRID SEED.—To deter- search they need to help prevent fire- Mrs. SHAHEEN, Mr. UDALL of mine whether a person or legal entity grow- related deaths and protect their com- New Mexico, Mr. WYDEN, Mr. ing hybrid seed under contract shall be con- munities from disasters of all kinds— SANDERS, Mr. BEGICH, Mrs. sidered to be actively engaged in farming, man-made and natural. MURRAY, Mr. MENENDEZ, Mr. the Secretary shall not take into consideration the existence of a hybrid seed contract. Since its creation in 1974, the Fire LEVIN, Mr. KERRY, Mr. BINGA- ‘‘(c) NOTIFICATION BY LEGAL ENTITIES.—To Administration and its Fire Academy MAN, Mrs. BOXER, Mr. HARKIN, facilitate the administration of this section, have helped prevent fires, protect prop- Mr. LEAHY, Ms. STABENOW, Mr. each legal entity that receives payments or erty, and save lives among firefighters ROCKEFELLER, Mrs. GILLIBRAND, benefits described as being subject to limita- and the public. Today, the Fire Admin- Mr. REED, Mr. BLUMENTHAL, tion in subsection (b) or (c) of section 1001 istration is also integrated into our na- Mr. DURBIN, Ms. KLOBUCHAR, with respect to a particular farming oper- tional, all-hazards preparations against Mr. COONS, Mr. CARDIN, Mr. ation shall— natural disasters and terrorist attacks. UDALL of Colorado, Mr. BROWN ‘‘(1) notify each person or other legal entity that acquires or holds a beneficial inter- America’s firefighters play a vital of Ohio, Mr. WEBB, Mr. CONRAD, est in the farming operation of the require- role in the security of our nation and it Mrs. MCCASKILL, Mr. CASEY, ments and limitations under this section; is important that, as a nation and a Mr. AKAKA, Mr. LAUTENBERG, and Congress, we support them. We can do Mrs. FEINSTEIN, and Ms. LAN- ‘‘(2) provide to the Secretary, at such so by reauthorizing the United States DRIEU): times and in such manner as the Secretary Fire Administration. Whether it is in S. 2219. A bill to amend the Federal may require, the name and social security response to a terrorist attack, a Election Campaign Act of 1971 to pro- number of each person, or the name and tax- wildland fire, or a house fire the com- vide for additional disclosure require- payer identification number of each legal en- ments for corporations, labor organiza- tity, that holds or acquires such a beneficial munity, America has come to rely on interest.’’. firefighters. America’s firefighters— tions, Super PACs and other entities, and for other purposes; to the Com- SEC. 4. FOREIGN PERSONS AND LEGAL ENTITIES whether career or volunteer—always MADE INELIGIBLE FOR PROGRAM answer the call. mittee on Rules and Administration. BENEFITS. In a report released in September, Mr. WHITEHOUSE. Mr. President, I Section 1001C of the Food Security Act of the United States Fire Administration am here today to introduce the DIS- 1985 (7 U.S.C. 1308–3) is amended— found that, over the past 10 years, the CLOSE Act of 2012, and we are infor- (1) in the section heading, by striking overall number of fires reported in the mally closing DISCLOSE 2.0 in recogni- ‘‘PERSONS’’ and inserting ‘‘PERSONS AND United States has declined by 18 per- tion of the original bill that Senator LEGAL ENTITIES’’; SCHUMER worked so hard to get passed (2) in subsection (b)— cent. During this same time period, there was also a 20 percent decline in a few years ago. (A) in the subsection heading, by striking The Supreme Court’s 2010 decision in ‘‘CORPORATION OR OTHER’’ and inserting civilian deaths and a 22 percent drop in Citizens United v. Federal Election ‘‘LEGAL’’; civilian injuries. We can be proud of Commission opened the floodgates to (B) in the first sentence, by striking ‘‘a this progress. unlimited corporate and special inter- corporation or other entity shall be consid- According to the report, however, est money in elections, bringing about ered a person that’’ and inserting ‘‘a legal ‘‘although America’s fire death rate is entity’’; and an era where corporations and other improving, it continues to be higher (C) in the second sentence, by striking ‘‘an wealthy interests can drown out the than more than half of the industri- entity’’ and inserting ‘‘a legal entity’’; and voices of voters in our political system. (3) in subsection (c), by striking ‘‘person’’ alized countries of the world.’’ Sadly, Worse still, much of this spending is and inserting ‘‘legal entity or person’’. during this same time period, there has anonymous so the public does not even SEC. 5. BUDGETARY EFFECTS. been an average of 3,570 deaths and know who is spending millions to influ- The budgetary effects of this Act, for the nearly 18,300 injuries per year. The Fire ence our elections. Here is how my purpose of complying with the Statutory Administration must work tirelessly to home State newspaper, the Providence Pay-As-You-Go-Act of 2010, shall be deter- improve these statistics, which rep- mined by reference to the latest statement Journal, explained the Citizens United resent loss and pain to American fami- decision: titled ‘‘Budgetary Effects of PAYGO Legisla- lies. tion’’ for this Act, submitted for printing in The ruling will mean that, more than ever, the Congressional Record by the Chairman of We must also continue to educate big-spending economic interests will deter- the Senate Budget Committee, provided that and train current and future genera- mine who gets elected. More money will es- such statement has been submitted prior to tions of firefighters. The USFA plays pecially pour into relentless attack cam- the vote on passage. an important role in the professional paigns. Free speech for most individuals will development of fire services personnel suffer because their voices will count for By Mr. LIEBERMAN (for himself, through the National Fire Academy, by even less than they do now. They will simply be drowned out by the big money. Ms. COLLINS, Mr. CARPER, Mr. providing courses in Fire Prevention MCCAIN, and Mr. BROWN of Mas- Management, Hazardous Materials, In- I think events have proven the Provi- sachusetts): cident Management, and Arson, as well dence Journal correct. Senator JOHN MCCAIN recently described these S. 2218. A bill to reauthorize the as many other critical courses. United States Fire Administration, and My home State of Maine is keenly events. He said: for other purposes; to the Committee aware of the dangers of fire and the im- I predicted when the United States Su- preme Court, with their absolute ignorance on Homeland Security and Govern- portance of effective fire services. Ac- mental Affairs. of what happens in politics, struck down [the cording to the Maine Department of McCain-Feingold campaign finance law], Ms. COLLINS. Mr. President, as a co- Public Safety, nearly 50 Mainers died that there would be a flood of money into chair of the Congressional Fire Caucus, in fires every year through the 1950s, campaigns, not transparency, unaccounted I am pleased to join Senator Lieber- ’60s, and ’70s. The average for the past for, and this is exactly what is happening. man in introducing legislation to reau- decade is 17 per year, and 2011 sadly If we look at the 2006 and 2010 con- thorize the U.S. Fire Administration. produced 23 fire-related deaths, up from gressional elections where there was We appreciate Senators MCCAIN, CAR- only nine in 2010—both are too many. not a Presidential race going on after PER and SCOTT BROWN becoming co- With the continued work of the U.S. Citizens United in 2010, there was a sponsors of this bill. The Congressional Fire Administration and the valiant ef- fourfold increase in expenditures from Fire Services Institute, the Inter- forts of our brave fire services per- super PACs and other outside groups national Association of Fire Fighters, sonnel, I believe we can make further compared to what occurred in 2006, the International Association of Fire progress in lowering the number of fire with nearly three-quarters of that po- Chiefs, and the National Volunteer related deaths in our nation. litical advertising coming from sources Fire Council back this measure. I am I ask that my colleagues support this that were prohibited from spending proud to have their support. legislation. money in 2006—three-quarters of it. Reauthorization of the U.S. Fire Ad- Also, in 2010, those 501(c)(4) and (c)(6) ministration means that first respond- By Mr. WHITEHOUSE (for him- organizations spent more than $135 ers around the country will get the es- self, Mr. FRANKEN, Mr. SCHU- million in unlimited and secret con- sential training, education, and re- MER, Mr. BENNET, Mr. MERKLEY, tributions. Anonymous spending rose

VerDate Mar 15 2010 05:20 Mar 22, 2012 Jkt 019060 PO 00000 Frm 00066 Fmt 4624 Sfmt 0634 E:\CR\FM\A21MR6.038 S21MRPT1 pwalker on DSK7TPTVN1PROD with SENATE March 21, 2012 CONGRESSIONAL RECORD — SENATE S1939 from 1 percent of outside spending in ests. That weapon is disclosure, day- be traced to specific donors came in 2006 to 47 percent of outside spending in light, information. contributions of $10,000 or more. So we 2010. Nearly half of the money spent Today, along with 34 other Senators, will catch probably 93 percent of the through these outside organizations is I am introducing legislation that will money in this reporting provision, anonymous and secret. shine a bright light on these powerful while leaving smaller donations and If we look at the 2012 race that we are shadowy interests. With this legisla- dues payments to membership organi- in right now, a Presidential race, and tion, every citizen will know who is zations private. compare it to the last Presidential spending these great sums of money to The act also does not require the dis- race, we are already seeing similar om- get their candidate elected. I am deliv- closure of nonpolitical donations, affil- inous signs about the influence of ering this speech at a time that Sen- iate transfers, business investments, money. The Federal Election Commis- ator BENNET, the distinguished junior and other transfers of money that have sion predicts that over $11 billion will Senator from Colorado is presiding. I nothing to do with electioneering. be spent on the 2012 elections, about am very conscious and aware as I de- At the same time, however, the bill double what was spent in 2008. liver it of the immense amount of work also contains strong provisions to pre- Super PACs, mostly linked to indi- that he has put in in the process of prevent the use of dummy organizations vidual candidates, spent about $100 mil- paring this legislation, working on a or shell corporations to hide their do- lion through the Super Tuesday con- strategy for going forward, working nations from public view. The way this test in the Republican Presidential pri- with our leadership to commence that bill is drafted, if somebody sets up a mary, again, about twice what was strategy. phony organization to take a contribu- spent over the same period in 2008. In I am grateful to him and the other tion and, in turn, make that contribu- the two weeks leading up to Super Senators I will mention later. For now tion to another phony organization Tuesday, outside PACs that supported I will give the Presiding Officer the and, in turn, make that contribution to the Republican Presidential candidates lead. In 2010, under Senator SCHUMER’s another phony organization, before it spent three times as much as the can- leadership and guidance, we came with- finally lands in a super PAC that is didates themselves. in one vote of passing his original DIS- benefiting a candidate, we will be able Our campaign finance system is bro- CLOSE Act. Since then, the problem of to trace that series of transactions. ken. Immediate action is required to anonymous and unaccountable cor- So it is a good law, a simpler law, an fix it. Americans of all political porate money has become dramatically effective law. It only goes after high- stripes, whatever their persuasion, are worse, and Americans are losing faith dollar givers. Passing it would prove to disgusted by the influence of unlimited in our political system as a result. the American people that Congress is anonymous corporate cash in our elec- More and more people believe their committed to fairness, that we are tions and by campaigns that succeed or government responds only to wealthy committed to equality, and that we are fail depending on how many billion- and powerful corporate interests. As committed to the fundamental prin- aires the candidates have in their pock- they see their jobs disappear and their ciple of a government ‘‘of the people, ets. wages stagnate, and bailouts and spe- by the people, and for the people.’’ Editorial boards across the country cial deals for the big guys, they lose In closing, I thank Senator SCHUMER decry this new pollution of our politics. faith that their elected officials are lis- for his exemplary leadership and deter- Republicans, such as former Governors tening to them. For our democracy to mination on this vitally important Mike Huckabee and Tom Ridge, have remain strong, this trend cannot con- issue, as well as Senators MICHAEL concluded that super PACs are, in Mr. tinue. We must redouble our efforts BENNET, AL FRANKEN, JEFF MERKLEY, Huckabee’s words, ‘‘one of the worst and pass the DISCLOSE Act of 2012. JEANNE SHAHEEN, and TOM UDALL, all things that ever happened in American The bill we are introducing today has of whom have worked very closely on politics.’’ been trimmed down so it just does two this legislation. I also thank the act’s Seven in ten Americans, including a simple things: One, if you are an orga- other cosponsors—all 35—who, similar majority of both Republicans and nization such as a corporation, a super to myself, understand that the legit- Democrats, believe super PACS should PAC or a 401(c)(4) group spending imacy of our democratic process and be illegal. Countless Rhode Islanders money in an election campaign in sup- the integrity of our democratic elec- are fed up with the influence of cor- port of or in opposition to a candidate, tions are at stake. porate money in elections. I hear them you have to tell the public where that I look forward to working with any at my community dinners; I read their money came from and what you are of my colleagues in the Senate who be- mail. Charles in Little Compton wrote spending it on in a timely manner. lieve the voices of American citizens to me, That should not be a controversial idea should be defended, and I hope all will join me in supporting this critical [I]t is wrong that someone who shouts to anyone, at least to anyone who is louder or further, in this instance solely be- not seeking special influence. piece of legislation to restore integrity cause they have more money, should drown If you are a top executive or a major to our elections. out another person . . . [C]orporations have donor of an organization spending mil- Mr. LEAHY. Mr. President, today, I no problem getting their views aired. lions of dollars on campaign ads, you join with Senator WHITEHOUSE, Senator Hope-Whitney in Bristol wrote, have to take responsibility for those SCHUMER and many other Senate [J]ust the idea that a corporation is con- ads by having your name on the ad, and Democrats as we renew our efforts to sidered an individual in regards to politics in the case of an executive appearing in curtail some of the worst abuses now goes against everything American to me. the ad yourself. That is it. Two simple allowed because of the Supreme Court’s . . . [T]hey have become the Emperors as provisions. Disclosure and a disclaimer. decision in Citizens United. The De- they have the financial ability to be heard These are reasonable provisions that mocracy Is Strengthened by Casting everywhere. . . . I’d be willing to bet that a should have wide support from Demo- Light On Spending in Elections, DIS- majority of their own employees do not crats and Republicans alike. CLOSE, Act of 2012 will help to restore agree with their political representation. The DISCLOSE Act of 2012, the DIS- transparency in the campaign finance Elizabeth in Wakefield wrote: CLOSE 2.0 Act, trims down the original laws gutted by the narrow, conserv- Big business should not control our elec- DISCLOSE Act in another way. We ative, activist majority of the Supreme tions. It is bad enough that they deeply in- have raised the threshold for donations Court in Citizens United. fluence our politicians through lobbyists. that require disclosure from $600 to Two years ago, with the stroke of a But because of a 5-to-4 decision by $10,000. It may sound as though $10,000 pen, five Supreme Court justices over- the conservative Justices in Citizens is a ridiculously high threshold, as turned a century of law designed to United, Congress cannot prohibit super though that is an awful lot of money, protect our elections from corporate PACs from drowning out the voices of but when we look at what is happening spending. They ran roughshod over ordinary Americans in our elections. in these super PACs, $10,000 in this par- longstanding precedent to strike down That leaves us with one weapon left in ticular world is no big deal. key provisions of our bipartisan cam- the fight against the overwhelming Ninety-three percent of money raised paign finance laws, and ruled that cor- tidal wave of money from special inter- by super PACs in 2010 and 2011 that can porations are no longer prohibited from

VerDate Mar 15 2010 04:09 Mar 22, 2012 Jkt 019060 PO 00000 Frm 00067 Fmt 4624 Sfmt 0634 E:\CR\FM\G21MR6.067 S21MRPT1 pwalker on DSK7TPTVN1PROD with SENATE S1940 CONGRESSIONAL RECORD — SENATE March 21, 2012 direct spending in political campaigns. parency and accountability to cam- Whereas the Department of State and the I was troubled at the time and remain paign finance laws by ensuring that all United States Agency for International De- troubled today that in that case, the Americans know who is paying for velopment together employ more than 27,000 Supreme Court extended to corpora- campaign ads. This is a critical step to- United States nationals in the Foreign Serv- ice and Civil Service dedicated to promoting tions the same First Amendment ward restoring the ability of American United States interests around the world; rights in the political process that are voters to be able to speak, be heard and Whereas Foreign Service personnel deploy guaranteed by the Constitution to indi- to hear competing voices, and not be to Asia, Africa, the Americas, Australia, Eu- vidual Americans. overwhelmed by corporate influence rope, the Middle East, and Southeast Asia on Corporations are not the same as in- and driven out of the governing proc- a permanent, rotating basis to defend and dividual Americans. Corporations do ess. I hope that Republicans who have promote United States priorities abroad; not have the same rights, the same seen the impact of waves of unaccount- Whereas many Foreign Service employees morals or the same interests. Corpora- able corporate campaign spending will spend months or years away from families tions cannot vote in our democracy. and loved ones on assignment to dangerous not renew their obstruction of this im- or inhospitable posts where family members They are artificial legal constructs portant legislation. Even Senator are not permitted; meant to facilitate business. The MCCAIN, a lead co-author of the Whereas numerous Department of State Founders understood this. Americans McCain-Feingold Act, has conceded and United States Agency for International across the country have long under- that Super PAC’s are ‘‘disgraceful.’’ Development employees have lost their lives stood this. A narrow majority on the Vermont is a small state. It is easy while serving abroad; Supreme Court apparently did not. to imagine the wave of corporate Whereas strong and purposeful United When I cosponsored the first DIS- money that has been spent on elections States diplomacy and development, carried CLOSE Act after the Supreme Court’s out by a diverse, professionally educated, around the country lead to corporate and well-trained force of Foreign Service and decision in 2010, I hoped Republicans interests flooding the airwaves with Civil Service professionals, are the most would join with Democrats to mitigate election ads, and transforming even cost-effective means to protect and advance the impact of the Citizens United deci- local elections there or in other small United States interests abroad; sion. I hoped that Senate Republicans States. It would not take more than a Whereas the promotion of commercial en- who had once championed the bipar- tiny fraction of corporate money to gagement by United States businesses in for- tisan McCain-Feingold campaign fi- outspend all of our local candidates eign markets and targeted international de- nance law would work with us to help combined. If a local city council or velopment projects support economic pros- ensure that corporations could not perity, job creation, and opportunities for zoning board is considering an issue of United States business and industry; abuse their newfound constitutional corporate interest, why would those Whereas United States diplomats are often rights. corporate interests not try to drown the first line of defense against international Regrettably, Senate Republicans fili- out the views of Vermont’s hard- conflict and transnational security threats; bustered that DISCLOSE Act, pre- working citizens? I know that the peo- Whereas Foreign Service and Civil Service venting the Senate from even debating ple of Vermont, like all Americans, professionals have worked to support the the measure, let alone having an up-or- take seriously their civic duty to members of the United States Armed Forces down vote in the Senate. By preventing choose wisely on Election Day. Like all involved in critical national security missions and military engagements in dangerous even debate on the DISCLOSE Act, Vermonters, I cherish the voters’ role Senate Republicans ensured the ability and unstable regions; in the democratic process and am a Whereas Foreign Service and Civil Service of wealthy corporations to dominate staunch believer in the First Amend- professionals administer emergency assist- all mediums of advertising and to ment. Vermont refused to ratify the ance in crisis situations; and drown out the voices of individuals, as Constitution until the adoption of the Whereas the contributions of Foreign Serv- we have seen and will continue to see Bill of Rights in 1791. The rights of ice and Civil Service professionals to the in our elections. Vermonters and all Americans to speak global advancement of international under- By blocking the DISCLOSE Act, Sen- to each other and to be heard should standing, American ideals, and the pro- ate Republicans ensured that the flood motion of freedom and democracy around not be undercut by corporate spending. the world should be commended: Now, thereof corporate money flowing into cam- I hope all Senators, Republican or paigns from undisclosed and unac- fore, be it Democratic, will support the DIS- Resolved, That the Senate— countable sources since the Citizens CLOSE Act of 2012 and help us take an (1) recognizes and gives special apprecia- United decision would continue. The important step to ensure the ability of tion to the Foreign Service and Civil Service risks we feared at the time of the deci- every American to be heard and par- personnel of the Department of State, the sion, the risks that drove Congress to ticipate in free and fair elections. United States Agency for International De- pass bipartisan laws based on long- velopment, and other United States Govern- f standing precedent, have been apparent ment agencies that promote and protect in the elections since. The American SUBMITTED RESOLUTIONS United State priorities abroad; and people have seen the sudden and dra- (2) owes a debt of gratitude to these individuals, and their families, who put public matic effects in the Republican pri- SENATE RESOLUTION 401—EX- service and pride in their country ahead of mary elections this year and in the 2010 comfort, convenience, and even safety in mid-term elections. Instead of hearing PRESSING APPRECIATION FOR FOREIGN SERVICE AND CIVIL service to the United States and the global the voices of voters, we see a barrage of community. SERVICE PROFESSIONALS WHO negative advertisements from so-called f Super PAC’s. This comes as no surprise REPRESENT THE UNITED to the many of us in Congress and STATES AROUND THE GLOBE SENATE RESOLUTION 402—CON- around the country who worried at the Mr. WHITEHOUSE (for himself and DEMNING JOSEPH KONY AND THE LORD’S RESISTANCE ARMY time of the Citizens United decision Mr. KERRY) submitted the following that it turns the idea of government of, resolution; which was referred to the FOR COMMITTING CRIMES by and for the people on its head. We Committee on Foreign Relations: AGAINST HUMANITY AND MASS ATROCITIES, AND SUPPORTING worried that the decision created new S. RES. 401 rights for Wall Street at the expense of ONGOING EFFORTS BY THE Whereas the United States Foreign Service UNITED STATES GOVERNMENT the people on Main Street. We worried was established by Congress in 1924 to profes- that powerful corporate megaphones sionalize the country’s diplomatic and con- AND GOVERNMENTS IN CENTRAL would drown out the voices and inter- sular services and advance freedom, democ- AFRICA TO REMOVE JOSEPH ests of individual Americans. It is clear racy, and security for the benefit of the peo- KONY AND LORD’S RESISTANCE those concerns were justified. ple of the United States and the inter- ARMY COMMANDERS FROM THE By reintroducing the DISCLOSE Act, national community; BATTLEFIELD Whereas the United States Agency for we continue to try to fight the effects International Development was established Mr. COONS (for himself, Mr. INHOFE, of corporate influence unleashed by in 1961 to support the foreign policy goals of Mr. LIEBERMAN, Mr. MENENDEZ, Mr. Citizens United. The DISCLOSE Act of the United States through economic, devel- HATCH, Mr. DURBIN, Mr. LEAHY, Mr. 2012 is focused on restoring trans- opment, and humanitarian assistance; SCHUMER, Mr. AKAKA, Mrs. MURRAY,

VerDate Mar 15 2010 04:09 Mar 22, 2012 Jkt 019060 PO 00000 Frm 00068 Fmt 4624 Sfmt 0634 E:\CR\FM\G21MR6.029 S21MRPT1 pwalker on DSK7TPTVN1PROD with SENATE March 21, 2012 CONGRESSIONAL RECORD — SENATE S1941 Mr. WHITEHOUSE, Mr. TESTER, Mr. NEL- Whereas, on November 24, 2010, as man- States Armed Forces currently deployed to SON of Nebraska, Mr. FRANKEN, Ms. dated by the Lord’s Resistance Army Disar- serve as advisors to the national militaries LANDRIEU, Mr. REED of Rhode Island, mament and Northern Uganda Recovery Act in the region seeking to protect local com- of 2009, President Obama issued the Strategy Mr. MORAN, Mr. GRAHAM, Mr. LEVIN, munities and pursuing Joseph Kony and top to Support the Disarmament of the Lord’s Lord’s Resistance Army commanders; Ms. COLLINS, Mr. ISAKSON, Mrs. FEIN- Resistance Army, which provides a com- (6) supports continued efforts by the Sec- STEIN, Mr. MCCAIN, Mr. BEGICH, Mrs. prehensive strategy for supporting regional retary of State and representatives of the BOXER, Mr. WICKER, Mr. BROWN of Ohio, efforts to mitigate and eliminate the threat United States to work with partner nations to civilians and regional stability posed by Mr. LAUTENBERG, Mr. MERKLEY, Mr. and the international community— COATS, Mr. CARDIN, Mr. CORNYN, and the Lord’s Resistance Army; Whereas, on October 14, 2011, President (A) to strengthen the capabilities of re- Mr. BLUNT) submitted the following gional military forces deployed to protect ci- resolution; which was referred to the Obama notified Congress that he had authorized approximately 100 combat-equipped vilians and pursue commanders of the Lord’s Committee on Foreign Relations: members of the Armed Forces to deploy to Resistance Army; S. RES. 402 central Africa to provide assistance to re- (B) to enhance cooperation and cross-border coordination among regional govern- Whereas the Lord’s Resistance Army gional forces that are working toward the removal of Joseph Kony and senior leadership ments; (LRA) wreaked havoc in northern Uganda for of the Lord’s Resistance Army from the bat- (C) to promote increased contributions two decades, during which time the World tlefield; Bank estimates that they abducted some from donor nations for regional security and Whereas the National Defense Authoriza- 66,000 youth of all ages and sexes and forced civilian efforts to address the Lord’s Resist- tion Act for Fiscal Year 2012 (Public Law them to serve as child soldiers and sex slaves ance Army; and 112–81) authorized the Secretary of Defense, and commit terrible acts; (D) to enhance overall efforts to increase with the concurrence of the Secretary of Whereas, under increasing pressure, Joseph civilian protection and provide assistance to State, to provide logistic support, supplies, Kony ordered the Lord’s Resistance Army in populations affected by the Lord’s Resist- and services for foreign forces participating 2005 and 2006 to withdraw from Uganda and ance Army; in operations to mitigate and eliminate the (7) calls on the Secretary of State, the Sec- to move west into the border region of the threat of the Lord’s Resistance Army; Democratic Republic of the Congo, the Cen- Whereas the Consolidated Appropriations retary of Defense, the Administrator of the tral African Republic, and what would be- Act, 2012 (Public Law 112–74) directed the United States Agency for International De- come South Sudan; President to support increased peace and se- velopment, and the heads of other govern- Whereas, since September 2008, Joseph curity efforts in areas affected by the Lord’s ment agencies to utilize existing funds for Kony has directed the Lord’s Resistance Resistance Army, including programs to im- ongoing programs— Army to commit systematic, large-scale at- prove physical access, telecommunications (A) to enhance mobility, intelligence, and tacks against innocent civilians in the infrastructure, and early-warning mecha- logistical capabilities for partner forces en- Democratic Republic of Congo, the Central nisms and to support the disarmament, de- gaged in efforts to protect civilians and ap- African Republic, and the Republic of South mobilization, and reintegration of former prehend or remove Joseph Kony and his top Sudan that have destabilized the region and Lord’s Resistance Army combatants, espe- commanders from the battlefield; resulted in the deliberate killing of at least cially child soldiers; (B) to expand physical access and tele- 2,400 civilians from the Democratic Republic Whereas the United Nations and African communications infrastructure to facilitate of Congo, the Central African Republic, and Union, acting with encouragement and sup- the Republic of South Sudan, many of whom the timely flow of information and access for port from the United States Government, humanitarian and protection actors; were targeted in schools and churches; the have renewed their efforts to help govern- (C) to support programs to encourage and rape and brutal mutilation of an unknown ments in the region address the threat posed help non-indicted Lord’s Resistance Army number of men, women, and children; the ab- by the Lord’s Resistance Army, and on No- duction of over 3,400 civilians, including at vember 22, 2011, the African Union des- commanders, fighters, abductees, and associ- least 1,500 children, many of them forced to ignated the Lord’s Resistance Army as a ter- ated noncombatants to safely defect from become child soldiers or sex slaves; and the rorist group and authorized a new initiative the group, including through radio and com- displacement of more than 465,000 civilians to help strengthen the coordination among munity programs; and from their homes, many of whom do not the affected governments in the fight against (D) to rehabilitate children and youth af- have access to essential humanitarian assist- the Lord’s Resistance Army; and fected by war, which are tailored to address ance; Whereas targeted United States assistance the specific trauma and physical and mental Whereas insecurity caused by the Lord’s and leadership can help prevent further mass abuse they may face as a result of indoc- Resistance Army has undermined efforts by atrocities and curtail humanitarian suf- trination by the Lord’s Resistance Army, the governments in the region, with the as- fering in central Africa: Now, therefore, be it and serve to reconnect these children and sistance of the United States and the inter- Resolved, That the Senate— youth with their families and communities; national community, to consolidate peace (1) condemns Joseph Kony and the Lord’s (8) calls for the President to place restric- and stability in each of the countries af- Resistance Army for committing crimes tions on any individuals or governments fected, particularly the Democratic Republic against humanity and mass atrocities, and found to be providing training, supplies, fi- of Congo and the Republic of South Sudan; supports ongoing efforts by the United nancing, or support of any kind to Joseph Whereas, since December 2001, the Depart- States and countries in central Africa to re- Kony or the Lord’s Resistance Army; ment of State has included the Lord’s Resist- move Joseph Kony and Lord’s Resistance ance Army on its ‘‘Terrorist Exclusion List’’ Army commanders from the battlefield; (9) urges that civilian protection continue and in August 2008, Lord’s Resistance Army (2) commends continued efforts by the Gov- to be prioritized in areas affected by the leader Joseph Kony was designated a ‘‘Spe- ernments of Uganda, the Democratic Repub- Lord’s Resistance Army and that steps be cially Designated Global Terrorist’’ by Presi- lic of Congo, the Republic of South Sudan, taken to inform potentially vulnerable com- dent George W. Bush pursuant to Executive the Central African Republic, and other munities about known Lord’s Resistance Order 13224; counties in the region, as well as the African Army movements and threats; Whereas, on October 6, 2005, the Inter- Union and United Nations, to end the threat (10) welcomes the recent defections of men, national Criminal Court issued arrest war- posed by the Lord’s Resistance Army; women, and children from the ranks of the rants against Joseph Kony and four of his (3) welcomes the ongoing efforts of the Lord’s Resistance Army, and calls on govern- top commanders for war crimes and crimes United States Government to implement a ments in the region and the international against humanity, yet they remain at large; comprehensive strategy to counter the community to continue to support safe re- Whereas, in May 2010, Congress passed and Lord’s Resistance Army, pursuant to the turn, demobilization, rehabilitation, and re- President Barack Obama signed into law the Lord’s Resistence Army Disarmament and integration efforts; and Lord’s Resistance Army Disarmament and Northern Uganda Recovery Act of 2009, and (11) urges the Governments of Uganda, the Northern Uganda Recovery Act of 2009 (Pub- to assist governments in the region to bring Democratic Republic of Congo, the Republic lic Law 111–172), which made it the policy of Joseph Kony to justice and end atrocities of South Sudan, the Republic of Sudan, and the United States to work with regional gov- perpetuated by the Lord’s Resistance Army; the Central African Republic to work to- ernments toward a comprehensive and last- (4) calls on the President to keep Congress gether to address the ongoing threat posed ing resolution to the conflict in northern fully informed of the efforts of the United by the Lord’s Resistance Army. Uganda and other affected areas by providing States Government and to work closely with political, economic, military, and intel- Congress to identify and address critical ligence support for viable multilateral ef- gaps and enhance United States support for forts to protect civilians from the Lord’s Re- the regional effort to counter the Lord’s Re- sistance Army, to apprehend or remove Jo- sistance Army; seph Kony and his top commanders from the (5) commends the Department of Defense, battlefield, and to disarm and demobilize the United States Africa Command (U.S. remaining Lord’s Resistance Army fighters; AFRICOM), and members of the United

VerDate Mar 15 2010 04:09 Mar 22, 2012 Jkt 019060 PO 00000 Frm 00069 Fmt 4624 Sfmt 0634 E:\CR\FM\A21MR6.047 S21MRPT1 pwalker on DSK7TPTVN1PROD with SENATE S1942 CONGRESSIONAL RECORD — SENATE March 21, 2012 SENATE RESOLUTION 403—TO AU- TITLE II—PUBLIC CORRUPTION ‘‘(B) directly or indirectly, knowingly THORIZE TESTIMONY, DOCU- PROSECUTION IMPROVEMENTS gives, offers, or promises any thing or things MENT PRODUCTION, AND LEGAL SEC. 201. SHORT TITLE. of value with an aggregate value of not less REPRESENTATION IN UNITED This title may be cited as the ‘‘Public Cor- than $1000 to any public official, former pub- ruption Prosecution Improvements Act of lic official, or person selected to be a public STATES V. RICHARD F. ‘‘DICKIE’’ official for or because of the official’s or per- SCRUGGS 2012’’. SEC. 202. VENUE FOR FEDERAL OFFENSES. son’s official position; ‘‘(C) being a public official, former public Mr. REID of Nevada (for himself and (a) IN GENERAL.—The second undesignated Mr. MCCONNELL) submitted the fol- paragraph of section 3237(a) of title 18, official, or person selected to be a public offi- lowing resolution; which was consid- United States Code, is amended by adding cial, directly or indirectly, knowingly demands, seeks, receives, accepts, or agrees to ered and agreed to: before the period at the end the following: ‘‘or in any district in which an act in fur- receive or accept any thing or things of S. RES. 403 therance of the offense is committed’’. value with an aggregate value of not less than $1000 personally for or because of the of- Whereas, in the case of United States vs. (b) SECTION HEADING.—The heading for sec- Richard F. ‘‘Dickie’’ Scruggs, Case No. 3:09– tion 3237 of title 18, United States Code, is ficial’s or person’s official position; or CR–00002–GHD–SAA, pending in the United amended to read as follows: ‘‘(D) being a public official, former public official, or person selected to be a public offi- States District Court for the Northern Dis- ‘‘SEC. 3237. OFFENSE TAKING PLACE IN MORE trict of Mississippi, the defense has served a THAN ONE DISTRICT.’’. cial, directly or indirectly demands, seeks, receives, accepts, or agrees to receive or ac- subpoena for testimony on Hugh Gamble, a (c) TABLE OF SECTIONS.—The table of sec- former employee of Senator Trent Lott, and tions at the beginning of chapter 211 of title cept any thing or things of value personally a subpoena for testimony and document pro- 18, United States Code, is amended so that for or because of any official act performed duction on Brad Davis, an employee of Sen- the item relating to section 3237 reads as fol- or to be performed by such official or per- ator Thad Cochran; lows: son;’’. Whereas, pursuant to sections 703(a) and ‘‘Sec. 3237. Offense taking place in more SEC. 206. AMENDMENT OF THE SENTENCING 704(a)(2) of the Ethics in Government Act of than one district.’’. GUIDELINES RELATING TO CERTAIN 1978, 2 U.S.C. §§ 288b(a) and 288c(a)(2), the CRIMES. Senate may direct its counsel to represent SEC. 203. THEFT OR BRIBERY CONCERNING PRO- GRAMS RECEIVING FEDERAL FINAN- employees of the Senate with respect to any (a) DIRECTIVE TO SENTENCING COMMISSION.— CIAL ASSISTANCE. Pursuant to its authority under section subpoena, order, or request for testimony re- Section 666(a) of title 18, United States 994(p) of title 28, United States Code, and in lating to their official responsibilities; Code, is amended— Whereas, by the privileges of the Senate of (1) by striking ‘‘10 years’’ and inserting ‘‘20 accordance with this section, the United the United States and Rule XI of the Stand- years’’; States Sentencing Commission forthwith ing Rules of the Senate, no evidence under (2) by striking ‘‘$5,000’’ the second place shall review and, if appropriate, amend its the control or in the possession of the Senate and the third place it appears and inserting guidelines and its policy statements applica- may, by the judicial or administrative proc- ‘‘$1,000’’; ble to persons convicted of an offense under ess, be taken from such control or possession (3) by striking ‘‘anything of value’’ each section 201, 641, 1346A, or 666 of title 18, but by permission of the Senate; place it appears and inserting ‘‘any thing or United States Code, in order to reflect the Whereas, when it appears that evidence things of value’’; and intent of Congress that such penalties meet under the control or in the possession of the (4) in paragraph (1)(B), by inserting after the requirements in subsection (b) of this Senate may promote the administration of ‘‘anything’’ the following: ‘‘or things’’. justice, the Senate will take such action as section. SEC. 204. PENALTY FOR SECTION 641 VIOLA- will promote the ends of justice consistent TIONS. (b) REQUIREMENTS.—In carrying out this with the privileges of the Senate: Now, Section 641 of title 18, United States Code, subsection, the Commission shall— therefore, be it is amended by striking ‘‘ten years’’ and in- (1) ensure that the sentencing guidelines Resolved, That Hugh Gamble, Brad Davis, serting ‘‘15 years’’. and policy statements reflect Congress’s in- and any other employee from whom testi- SEC. 205. BRIBERY AND GRAFT; CLARIFICATION tent that the guidelines and policy state- mony may be necessary are authorized to OF DEFINITION OF ‘‘OFFICIAL ACT’’; ments reflect the serious nature of the of- testify, and Brad Davis is authorized to CLARIFICATION OF THE CRIME OF fenses described in paragraph (1), the inci- produce documents, in the case of United ILLEGAL GRATUITIES. dence of such offenses, and the need for an States vs. Richard F. ‘‘Dickie’’ Scruggs, ex- (a) DEFINITION.—Section 201(a) of title 18, effective deterrent and appropriate punish- cept concerning matters for which a privi- United States Code, is amended— ment to prevent such offenses; lege should be asserted. (1) in paragraph (2), by striking ‘‘and’’ at (2) consider the extent to which the guide- SEC. 2. The Senate Legal Counsel is author- the end; lines may or may not appropriately account ized to represent Hugh Gamble, Brad Davis, (2) by amending paragraph (3) to read as for— and any other employee of the Senate from follows: (A) the potential and actual harm to the whom evidence may be sought, in connection ‘‘(3) the term ‘official act’— public and the amount of any loss resulting with the testimony and document produc- ‘‘(A) means any act within the range of of- from the offense; tion authorized in section one of this resolu- ficial duty, and any decision or action on (B) the level of sophistication and planning tion. any question, matter, cause, suit, pro- involved in the offense; f ceeding, or controversy, which may at any (C) whether the offense was committed for time be pending, or which may by law be purposes of commercial advantage or private AMENDMENTS SUBMITTED AND brought before any public official, in such financial benefit; PROPOSED public official’s official capacity or in such (D) whether the defendant acted with in- SA 1945. Mr. LEAHY submitted an amend- official’s place of trust or profit; and tent to cause either physical or property ment intended to be proposed by him to the ‘‘(B) may be a single act, more than one harm in committing the offense; bill S. 2038, to prohibit Members of Congress act, or a course of conduct; and’’; and (E) the extent to which the offense rep- and employees of Congress from using non- (3) by adding at the end the following: resented an abuse of trust by the offender public information derived from their offi- ‘‘(4) the term ‘rule or regulation’ means a and was committed in a manner that under- cial positions for personal benefit, and for Federal regulation or a rule of the House of mined public confidence in the Federal, other purposes; which was ordered to lie on Representatives or the Senate, including State, or local government; and the table. those rules and regulations governing the ac- (F) whether the violation was intended to ceptance of gifts and campaign contribu- or had the effect of creating a threat to pub- f tions.’’. lic health or safety, injury to any person or TEXT OF AMENDMENTS (b) CLARIFICATION.—Section 201(c)(1) of even death; title 18, United States Code, is amended to (3) assure reasonable consistency with SA 1945. Mr. LEAHY submitted an read as follows: other relevant directives and with other sen- amendment intended to be proposed by ‘‘(1) otherwise than as provided by law for tencing guidelines; him to the bill S. 2038, to prohibit the proper discharge of official duty, or by (4) account for any additional aggravating Members of Congress and employees of rule or regulation— or mitigating circumstances that might jus- Congress from using nonpublic infor- ‘‘(A) directly or indirectly gives, offers, or tify exceptions to the generally applicable mation derived from their official posi- promises any thing or things of value to any sentencing ranges; tions for personal benefit, and for other public official, former public official, or per- (5) make any necessary conforming son selected to be a public official for or be- changes to the sentencing guidelines; and purposes; which was ordered to lie on cause of any official act performed or to be (6) assure that the guidelines adequately the table; as follows: performed by such public official, former meet the purposes of sentencing as set forth At the end of the House amendment, add public official, or person selected to be a in section 3553(a)(2) of title 18, United States the following: public official; Code.

VerDate Mar 15 2010 04:09 Mar 22, 2012 Jkt 019060 PO 00000 Frm 00070 Fmt 4624 Sfmt 0634 E:\CR\FM\A21MR6.050 S21MRPT1 pwalker on DSK7TPTVN1PROD with SENATE March 21, 2012 CONGRESSIONAL RECORD — SENATE S1943 SEC. 207. EXTENSION OF STATUTE OF LIMITA- SEC. 210. EXPANDING VENUE FOR PERJURY AND cerning, prospective employment or finan- TIONS FOR SERIOUS PUBLIC COR- OBSTRUCTION OF JUSTICE PRO- cial compensation; or RUPTION OFFENSES. CEEDINGS. ‘‘(vi) an individual, business, or organiza- (a) IN GENERAL.—Chapter 213 of title 18, (a) IN GENERAL.—Section 1512(i) of title 18, tion from whom the public official has re- United States Code, is amended by adding at United States Code, is amended to read as ceived any thing or things of value, other- the end the following: follows: wise than as provided by law for the proper ‘‘(i) A prosecution under section 1503, 1504, ‘‘§ 3302. Corruption offenses discharge of official duty, or by rule or regu- 1505, 1508, 1509, 1510, or this section may be lation; and ‘‘Unless an indictment is returned or the brought in the district in which the conduct ‘‘(B) the public official knowingly falsifies, information is filed against a person within constituting the alleged offense occurred or conceals, or covers up material information 6 years after the commission of the offense, in which the official proceeding (whether or that is required to be disclosed by any Fed- a person may not be prosecuted, tried, or not pending or about to be instituted) was eral, State, or local statute, rule, regulation, punished for a violation of, or a conspiracy intended to be affected.’’. or charter applicable to the public official, or an attempt to violate the offense in— (b) PERJURY.— or knowingly fails to disclose material infor- ‘‘(1) section 201 or 666; (1) IN GENERAL.—Chapter 79 of title 18, mation in a manner that is required by any ‘‘(2) section 1341 or 1343, when charged in United States Code, is amended by adding at Federal, State, or local statute, rule, regula- conjunction with section 1346 and where the the end the following: tion, or charter applicable to the public offi- offense involves a scheme or artifice to de- ‘‘§ 1624. Venue cial. prive another of the intangible right of hon- ‘‘A prosecution under section 1621(1), 1622 ‘‘(5) MATERIAL INFORMATION.—The term est services of a public official or when (in regard to subornation of perjury under ‘material information’ means information— charged in connection with section 1346A; 1621(1)), or 1623 of this title may be brought ‘‘(A) regarding a financial interest of a per- ‘‘(3) section 1951, if the offense involves ex- in the district in which the oath, declara- son described in clauses (i) through (iv) para- tortion under color of official right; tion, certificate, verification, or statement graph (4)(A); and ‘‘(4) section 1952, to the extent that the un- under penalty of perjury is made or in which ‘‘(B) regarding the association, connection, lawful activity involves bribery; or a proceeding takes place in connection with or dealings by a public official with an indi- ‘‘(5) section 1962, to the extent that the the oath, declaration, certificate, vidual, business, or organization as described racketeering activity involves bribery verification, or statement.’’. in clauses (iii) through (vi) of paragraph chargeable under State law, involves a viola- (2) CLERICAL AMENDMENT.—The table of (4)(A).’’. tion of section 201 or 666, section 1341 or 1343, sections at the beginning of chapter 79 of (b) CONFORMING AMENDMENT.—The table of when charged in conjunction with section title 18, United States Code, is amended by sections for chapter 63 of title 18, United 1346 and where the offense involves a scheme adding at the end the following: States Code, is amended by inserting after or artifice to deprive another of the intan- ‘‘1624. Venue.’’. the item relating to section 1346 the fol- gible right of honest services of a public offi- lowing new item: cial, or section 1951, if the offense involves SEC. 211. PROHIBITION ON UNDISCLOSED SELF- DEALING BY PUBLIC OFFICIALS. extortion under color of official right.’’. ‘‘1346A. Undisclosed self-dealing by public of- (a) IN GENERAL.—Chapter 63 of title 18, ficials.’’. (b) CLERICAL AMENDMENT.—The table of United States Code, is amended by inserting (c) APPLICABILITY.—The amendments made sections at the beginning of chapter 213 of after section 1346 the following new section: title 18, United States Code, is amended by by this section apply to acts engaged in on adding at the end the following new item: ‘‘§ 1346A. Undisclosed self-dealing by public or after the date of the enactment of this officials Act. ‘‘3302. Corruption offenses.’’. ‘‘(a) UNDISCLOSED SELF-DEALING BY PUBLIC SEC. 212. DISCLOSURE OF INFORMATION IN COM- PPLICATION OF MENDMENT (c) A A .—The OFFICIALS.—For purposes of this chapter, the PLAINTS AGAINST JUDGES. amendments made by this section shall not term ‘scheme or artifice to defraud’ also in- Section 360(a) of title 28, United States apply to any offense committed before the cludes a scheme or artifice by a public offi- Code, is amended— date of enactment of this Act. cial to engage in undisclosed self-dealing. (1) in paragraph (2) by striking ‘‘or’’; SEC. 208. INCREASE OF MAXIMUM PENALTIES ‘‘(b) DEFINITIONS.—As used in this section: (2) in paragraph (3), by striking the period FOR CERTAIN PUBLIC CORRUPTION ‘‘(1) OFFICIAL ACT.—The term official act— at the end, and inserting ‘‘; or’’; and RELATED OFFENSES. ‘‘(A) means any act within the range of of- (3) by inserting after paragraph (3) the fol- (a) SOLICITATION OF POLITICAL CONTRIBU- ficial duty, and any decision or action on lowing: TIONS.—Section 602(a)(4) of title 18, United any question, matter, cause, suit, pro- ‘‘(4) such disclosure of information regard- States Code, is amended by striking ‘‘3 ceeding, or controversy, which may at any ing a potential criminal offense is made to years’’ and inserting ‘‘5 years’’. time be pending, or which may by law be the Attorney General, a Federal, State, or (b) PROMISE OF EMPLOYMENT FOR POLITICAL brought before any public official, in such local grand jury, or a Federal, State, or local ACTIVITY.—Section 600 of title 18, United public official’s official capacity or in such law enforcement agency.’’. official’s place of trust or profit; and States Code, is amended by striking ‘‘one SEC. 213. CLARIFICATION OF EXEMPTION IN CER- year’’ and inserting ‘‘3 years’’. ‘‘(B) may be a single act, more than one TAIN BRIBERY OFFENSES. (c) DEPRIVATION OF EMPLOYMENT FOR PO- act, or a course of conduct. Section 666(c) of title 18, United States LITICAL ACTIVITY.—Section 601(a) of title 18, ‘‘(2) PUBLIC OFFICIAL.—The term ‘public of- Code, is amended— United States Code, is amended by striking ficial’ means an officer, employee, or elected (1) by striking ‘‘This section does not apply ‘‘one year’’ and inserting ‘‘3 years’’. or appointed representative, or person acting to’’; and for or on be half of the United States, a (d) INTIMIDATION TO SECURE POLITICAL CON- (2) by inserting ‘‘The term ‘any thing or State, or a subdivision of a State, or any de- TRIBUTIONS.—Section 606 of title 18, United things of value’ that is corruptly solicited, States Code, is amended by striking ‘‘three partment, agency or branch of government demanded, accepted or agreed to be accepted years’’ and inserting ‘‘5 years’’. thereof, in any official function, under or by in subsection (a)(1)(B) or corruptly given, of- authority of any such department, agency, (e) SOLICITATION AND ACCEPTANCE OF CON- fered, or agreed to be given in subsection or branch of government. TRIBUTIONS IN FEDERAL OFFICES.—Section (a)(2) shall not include,’’ before ‘‘bona fide ‘‘(3) STATE.—The term ‘State’ includes a 607(a)(2) of title 18, United States Code, is salary’’. State of the United States, the District of amended by striking ‘‘3 years’’ and inserting Columbia, and any commonwealth, territory, SEC. 214. CERTIFICATIONS REGARDING APPEALS ‘‘5 years’’. BY UNITED STATES. or possession of the United States. (f) COERCION OF POLITICAL ACTIVITY BY FED- Section 3731 of title 18, United States Code, ‘‘(4) UNDISCLOSED SELF-DEALING.—The term ERAL EMPLOYEES.—Section 610 of title 18, is amended by inserting after ‘‘United States ‘undisclosed self-dealing’ means that— United States Code, is amended by striking attorney’’ the following: ‘‘, Deputy Attorney ‘‘(A) a public official performs an official ‘‘three years’’ and inserting ‘‘5 years’’. General, Assistant Attorney General, or the act for the purpose, in whole or in material Attorney General’’. SEC. 209. ADDITIONAL WIRETAP PREDICATES. part, of furthering or benefitting a financial Section 2516(1)(c) of title 18, United States interest, of which the public official has f Code, is amended— knowledge, of— NOTICES OF HEARINGS (1) by inserting ‘‘section 641 (relating to ‘‘(i) the public official; embezzlement or theft of public money, ‘‘(ii) the spouse or minor child of the public COMMITTEE ON INDIAN AFFAIRS property, or records), section 666 (relating to official; Mr. AKAKA. I would like to an- theft or bribery concerning programs receiv- ‘‘(iii) a general business partner of the pub- nounce that the Committee on Indian ing Federal funds),’’ after ‘‘section 224 (brib- lic official; Affairs will meet on Thursday, March ery in sporting contests),’’; and ‘‘(iv) a business or organization in which 22, 2012, at 2:15 p.m. in Room 628 of the (2) by inserting ‘‘section 1031 (relating to the public official is serving as an employee, major fraud against the United States)’’ officer, director, trustee, or general partner; Dirksen Senate Office Building to con- after ‘‘section 1014 (relating to loans and ‘‘(v) an individual, business, or organiza- duct legislative hearings on S. 1684, the credit applications generally; renewals and tion with whom the public official is negoti- Indian Tribal Energy Development and discounts),’’. ating for, or has any arrangement con- Self-Determination Act Amendments

VerDate Mar 15 2010 04:09 Mar 22, 2012 Jkt 019060 PO 00000 Frm 00071 Fmt 4624 Sfmt 0634 E:\CR\FM\A21MR6.052 S21MRPT1 pwalker on DSK7TPTVN1PROD with SENATE S1944 CONGRESSIONAL RECORD — SENATE March 21, 2012 of 2011; S. 1898, A bill to provide for the The PRESIDING OFFICER. Without AUTHORIZING SENATE LEGAL conveyance of certain property from objection, it is so ordered. REPRESENTATION the United States to the Maniilaq As- COMMITTEE ON VETERANS’ AFFAIRS Mr. DURBIN. Mr. President, I ask sociation located in Kotzebue, Alaska; Mr. HARKIN. Mr. President, I ask unanimous consent that the Senate and H.R. 1560, A bill to amend the unanimous consent that the Com- proceed to S. Res. 403, submitted ear- Ysleta del Sur Pueblo and Alabama and mittee on Veterans’ Affairs be author- lier today. Coushatta Indian Tribes of Texas Res- ized to meet during the session of the The PRESIDING OFFICER. The toration Act to allow the Ysleta del Senate on March 21, 2012, in room G–50 clerk will report the resolution by Sur Pueblo Tribe to determine blood of the Senate Dirksen Office Building, title. quantum requirements for membership beginning at 10 a.m. The legislative clerk read as follows: in that tribe. The PRESIDING OFFICER. Without A resolution (S. Res. 403) to authorize tes- Those wishing additional information objection, it is so ordered. timony, document production, and legal rep- may contact the Indian Affairs Com- SUBCOMMITTEE ON ANTITRUST, COMPETITION resentation in United States v. Richard F. mittee at (202) 224–2251. POLICY, AND CONSUMER RIGHTS ‘‘Dickie’’ Scruggs. COMMITTEE ON HEALTH, EDUCATION, LABOR, Mr. HARKIN. Mr. President, I ask There being no objection, the Senate AND PENSIONS unanimous consent that the Com- proceeded to consider the resolution. Mr. HARKIN. Mr. President, I wish to mittee on the Judiciary, Sub- Mr. REID. Mr. President, this resolu- announce that the Committee on committee on Antitrust, Competition tion concerns testimony, document Health, Education, Labor, and Pen- Policy, and Consumer Rights, be au- production, and representation in a sions will meet in open session on thorized to meet during the session of criminal matter pending in the United Thursday, March 29, 2012 at 10 a.m. in the Senate, on March 21, 2012, at 2 p.m., States District Court for the Northern SD–430 Dirksen Senate Office Building in room SD–226 of the Dirksen Senate District of Mississippi. In this post- to conduct a hearing entitled ‘‘FDA Office Building, to conduct a hearing conviction proceeding, the defendant, User Fee Agreements: Strengthening entitled ‘‘The Verizon/Cable Deals: Richard F. ‘‘Dickie’’ Scruggs, is seek- FDA and the Medical Products Indus- Harmless Collaboration or a Threat to ing to have his honest-services fraud try for the Benefit of Patients.’’ Competition and Consumers?’’ conviction vacated based on the Su- For further information regarding The PRESIDING OFFICER. Without preme Court’s intervening decision in this meeting, please contact the com- objection, it is so ordered. the case of United States v. Skilling. mittee on (202) 224–7675. SUBCOMMITTEE ON READINESS AND The criminal conviction, which re- f MANAGEMENT SUPPORT sulted from a guilty plea, involved the AUTHORITY FOR COMMITTEES TO Mr. HARKIN. Mr. President, I ask defendant’s scheme to bribe a State MEET unanimous consent that the Sub- judge by agreeing to ask Senator Lott to consider the State judge’s applica- COMMITTEE ON FOREIGN RELATIONS committee on Readiness and Manage- tion to fill a federal judicial vacancy. Mr. HARKIN. Mr. President, I ask ment Support of the Committee on The defense is seeking testimony from unanimous consent that the Com- Armed Services be authorized to meet a former staffer of Senator Lott about mittee on Foreign Relations be author- during the session of the Senate on a brief phone conversation between the ized to meet during the session of the March 21, 2012, at 10 a.m. Senator and the State judge. Neither Senate on March 21, 2012, at 10 a.m. The PRESIDING OFFICER. Without Senator Lott nor anyone on his staff The PRESIDING OFFICER. Without objection, it is so ordered. was aware of the defendant’s scheme. objection, it is so ordered. SUBCOMMITTEE ON STRATEGIC FORCES The defense is also seeking testimony COMMITTEE ON HOMELAND SECURITY AND Mr. HARKIN. Mr. President, I ask and document production from a staff- GOVERNMENTAL AFFAIRS unanimous consent that the Sub- er of Senator COCHRAN about contacts Mr. HARKIN. Mr. President, I ask committee on Strategic Forces of the with Senator COCHRAN’s office by or on unanimous consent that the Com- Committee on Armed Services be au- behalf of the State judge in his efforts mittee on Homeland Security and Gov- thorized to meet during the session of to obtain a federal judgeship. ernmental Affairs be authorized to the Senate on March 21, 2012, at 2:30 Both Senators Lott and COCHRAN meet during the session of the Senate p.m. would like to assist by providing rel- on March 21, 2012, at 10 a.m. to conduct The PRESIDING OFFICER. Without evant evidence from their staff in this a hearing entitled ‘‘Retooling Govern- objection, it is so ordered. proceeding. This resolution would ac- ment for the 21st Century: The Presi- f cordingly authorize Senator Lott’s and dent’s Reorganization Plan and Reduc- COCHRAN’s employees, and any other ing Duplication.’’ UNANIMOUS CONSENT AGREE- The PRESIDING OFFICER. Without MENT—EXECUTIVE CALENDAR Senate employee from whom evidence objection, it is so ordered. Mr. DURBIN. Mr. President, I ask may be necessary, to provide evidence in this action, with representation by COMMITTEE ON HOMELAND SECURITY AND unanimous consent that following dis- the Senate Legal Counsel. GOVERNMENTAL AFFAIRS position of the House message to ac- Mr. DURBIN. I ask unanimous con- Mr. HARKIN. Mr. President, I ask company S. 2038, the STOCK Act, the sent that the resolution be agreed to, unanimous consent that the Com- Senate proceed to executive session to the preamble be agreed to, the motions mittee on Homeland Security and Gov- consider the following nominations en to reconsider be laid upon the table, ernmental Affairs be authorized to bloc: Calendar Nos. 441, 462 and 463; with no intervening action or debate, meet during the session of the Senate that there be 2 minutes of debate and any statements be printed in the on March 21, 2012, at 2:30 p.m. to con- equally divided in the usual form; that RECORD. duct a hearing entitled ‘‘The Homeland upon the use or yielding back of time, The PRESIDING OFFICER. Without Security Department’s Budget Submis- the Senate proceed to vote without in- objection, it is so ordered. sion for Fiscal Year 2013.’’ tervening action or debate on Calendar The resolution (S. Res. 403) was The PRESIDING OFFICER. Without Nos. 441, 462, and 463, in that order; the agreed to. objection, it is so ordered. motions to reconsider be considered The preamble was agreed to. COMMITTEE ON THE JUDICIARY made and laid upon the table with no The resolution, with its preamble, Mr. HARKIN. Mr. President, I ask intervening action or debate; that no reads as follows: unanimous consent that the Com- further motions be in order; that any mittee on the Judiciary be authorized related statements be printed in the S. RES. 403 to meet during the session of the Sen- RECORD; that the President be imme- Whereas, in the case of United States vs. ate on March 21, 2012, at 10 a.m., in diately notified of the Senate’s action Richard F. ‘‘Dickie’’ Scruggs, Case No. 3:09– CR–00002–GHD–SAA, pending in the United room SD–226 of the Dirksen Senate Of- and the Senate then resume legislative States District Court for the Northern Dis- fice Building, to conduct a hearing en- session. trict of Mississippi, the defense has served a titled ‘‘Justice for All: Convicting the The PRESIDING OFFICER. Without subpoena for testimony on Hugh Gamble, a Guilty and Exonerating the Innocent.’’ objection, it is so ordered. former employee of Senator Trent Lott, and

VerDate Mar 15 2010 04:09 Mar 22, 2012 Jkt 019060 PO 00000 Frm 00072 Fmt 4624 Sfmt 0634 E:\CR\FM\A21MR6.051 S21MRPT1 pwalker on DSK7TPTVN1PROD with SENATE March 21, 2012 CONGRESSIONAL RECORD — SENATE S1945 a subpoena for testimony and document pro- minutes each, with the time equally di- and she would smile and say: Now the duction on Brad Davis, an employee of Sen- vided and controlled between the two long and short of it are arriving. And I ator Thad Cochran; leaders or their designees, with the ma- guess that is true in a literal sense, but Whereas, pursuant to sections 703(a) and jority controlling the first half and the while Senator MIKULSKI may be modest 704(a)(2) of the Ethics in Government Act of 1978, 2 U.S.C. §§ 288b(a) and 288c(a)(2), the Republicans controlling the final half; in stature, she has one very large Senate may direct its counsel to represent that following morning business, the record on behalf of the public interest, employees of the Senate with respect to any Senate resume consideration of H.R. and I am especially grateful for all she subpoena, order, or request for testimony re- 3606, the IPO bill; further, that the fil- has done for people without power and lating to their official responsibilities; ing deadline for second-degree amend- people without clout. Whereas, by the privileges of the Senate of ments to the Reid motion to concur When we think about what has so an- the United States and Rule XI of the Stand- with respect to S. 2038, the STOCK Act, gered the American people—and I have ing Rules of the Senate, no evidence under be 10:30 a.m. on Thursday. heard the Senator from Colorado, the the control or in the possession of the Senate Presiding Officer, talk about this—it is may, by the judicial or administrative proc- The PRESIDING OFFICER. Without ess, be taken from such control or possession objection, it is so ordered. that people feel so disconnected from government; that you can have a com- but by permission of the Senate; f Whereas, when it appears that evidence munity meeting in Oregon or Colorado under the control or in the possession of the PROGRAM or Maryland or some other part of the Senate may promote the administration of Mr. DURBIN. Mr. President, there country, and somehow there is this justice, the Senate will take such action as sense what goes on in Washington real- will promote the ends of justice consistent will be a series of up to seven rollcall votes tomorrow, beginning at 2:30 p.m., ly has nothing to do with people in with the privileges of the Senate: Now, their home community. therefore, be it including completion of the IPO bill, Resolved, That Hugh Gamble, Brad Davis, the STOCK Act, and confirmation of Senator MIKULSKI doesn’t practice and any other employee from whom testi- three judicial nominations. public service that way. Senator MI- mony may be necessary are authorized to KULSKI has always felt, since the days testify, and Brad Davis is authorized to f when she was a community organizer produce documents, in the case of United ORDER FOR ADJOURNMENT and they were dealing with those com- States vs. Richard F. ‘‘Dickie’’ Scruggs, ex- munity problems and where are you Mr. DURBIN. If there is no further cept concerning matters for which a privi- going to locate a freeway or something business to come before the Senate, I lege should be asserted. of that nature, that public service and SEC. 2. The Senate Legal Counsel is author- ask unanimous consent it adjourn community service were always about ized to represent Hugh Gamble, Brad Davis, under the previous order following the being connected to people. She under- and any other employee of the Senate from remarks of Senators WYDEN and LAN- stood right away what people may say whom evidence may be sought, in connection DRIEU. at a townhall meeting now in Colorado with the testimony and document produc- The PRESIDING OFFICER. Without tion authorized in section one of this resolu- or Oregon about government being re- objection, it is so ordered. tion. moved from their lives, and for decades Mr. WYDEN. Mr. President, I ask she has practiced a very different kind f unanimous consent that the order for of public service. She did it when she DISCHARGE AND REFERRAL—H.R. the quorum call be rescinded. was a community organizer, she did it 306 The PRESIDING OFFICER. Without in the House of Representatives, and objection, it is so ordered. Mr. DURBIN. Mr. President, I ask she continues to do it today. unanimous consent that H.R. 306 be f Very often when we take the subway discharged from the Committee on En- to a vote and I ask her what she has TRIBUTE TO SENATOR BARBARA ergy and Natural Resources and re- done over the weekend, she will talk MIKULSKI ferred to the Committee on Environ- about families. She knows I was co- ment and Public Works. Mr. WYDEN. Mr. President, I have director of the Gray Panthers for many The PRESIDING OFFICER. Without been able to listen a bit to the wonder- years before I was elected to Congress, objection, it is so ordered. ful tributes over the last few hours to so we will talk about aging issues. And f Senator MIKULSKI. We all know of her everybody knows what she has done in wonderful service all these years, the the aging field and her interest in ORDER FOR PRINTING OF record that is being shattered—a very fighting Alzheimer’s. So it always TRIBUTES AND STATEMENTS special record. comes back to people, and that connec- Mr. DURBIN. Mr. President, I ask As I listened to some of the com- tion she brings to public service that is unanimous consent there be printed as ments, I was struck that tributes usu- so lacking from what Americans see is a Senate document a compilation of ally come in the Senate when one of the big problem in government today, materials from the CONGRESSIONAL our colleagues is leaving office or that much of what goes on here is sim- RECORD in tribute to Senator BARBARA sometimes one of our colleagues passes ply disconnected from their lives. MIKULSKI, and that Members have until away. And what I am struck by this What I see in BARBARA MIKULSKI is Thursday, March 29, to submit such afternoon is how glad I am and col- the real measure of what we want in a tributes. leagues on both sides of the aisle are public servant. We want someone who The PRESIDING OFFICER. Without that Senator MIKULSKI is very much is conscientious, we want someone who objection, it is so ordered. alive, and next week and next month is smart, we want someone who has f and in the years ahead she is going to good values and someone who always continue to bring this kind of tries to be a coalition builder. ORDERS FOR THURSDAY, MARCH wellspring of conscience and energy I have watched Senator MIKULSKI in 22, 2012 and passion and expertise to the Sen- lots of instances. We had one just re- Mr. DURBIN. I ask unanimous con- ate. cently where Senator MIKULSKI was sent that when the Senate completes I am going to have more to say in trying to find a balance on a difficult its business today, it stand adjourned terms of a lengthier speech, but she and contentious issue between industry until Thursday, March 22, at 9:30 a.m.; and I have had a special relationship and the environment, and I watched that following the prayer and pledge, for almost three decades. We served to- how she was trying to listen to both the Journal of proceedings be approved gether in the other body on the Energy sides. Maryland has some communities to date, the morning hour be deemed and Commerce Committee. We would where they have older plants, and if expired, the time for the two leaders be often show up at meetings together, she can’t take steps to protect those reserved for their use later in the day; and this is still a tradition that con- plants and have the workers keep their that following any leader remarks, the tinues now because we both have the jobs, a lot of people are going to hurt, Senate be in a period of morning busi- honor of serving on the Senate Select and Senator MIKULSKI always tries to ness for 1 hour, with Senators per- Committee on Intelligence. Senator keep that from happening. She has also mitted to speak therein for up to 10 MIKULSKI and I would walk in together, said clean air and the environmental

VerDate Mar 15 2010 04:09 Mar 22, 2012 Jkt 019060 PO 00000 Frm 00073 Fmt 4624 Sfmt 0634 E:\CR\FM\A21MR6.055 S21MRPT1 pwalker on DSK7TPTVN1PROD with SENATE S1946 CONGRESSIONAL RECORD — SENATE March 21, 2012 laws are important. And that last qual- woman in the history of the Congress. but to promote the people she serves ity of trying to bring people together, I can only say that we have come a and the principles for which she fights. which I have heard the Senator from long way since the first woman was ap- She is well respected for her wisdom, Colorado talk about, is what Senator pointed, as I recall back in the 1920s. for her tenacity and her strength. She MIKULSKI’s public service career has She was only allowed to serve 1 day is respected by female and male peers been all about. and was not going to be given a pay- who serve with her. As most of my fe- So tonight and through the day we check but insisted that she be paid for male colleagues in the Senate have have heard colleagues pay tribute. I her service. I think she might have also experienced, Senator MIKULSKI made mention of the fact that so often been paid $1 for her service. took me under her wing when I was I hear these tributes when a colleague Of course, the record of that 1 day on first sworn in as a Senator. She ex- is leaving the Senate. I would like to the floor speaks for itself. We have tended her hand to help me in every close these brief remarks by saying come a long way since that day. But way possible, to help me find my foot- that I am especially grateful that the BARBARA MIKULSKI was first elected to ing here as a Senator and to navigate cause of good government is enhanced the House in 1976, and then to the Sen- through the intricacies of the Senate by the fact that Senator MIKULSKI is ate 10 years later. When she first en- process. She was never too busy to hold very much alive. This is not a tribute tered this Chamber, there was only one out a helping hand or for a pat on the to someone who is leaving office, this other woman here, her friend and her shoulder. She was always willing to is a tribute to someone who is going to good, strong, supportive colleague, give that extra advice and, I might say, be here next week, next month, and the Nancy Kassebaum, a Republican from was always willing to suggest that you years ahead, continuing to shatter Kansas. So a Democrat from Maryland might have made a mistake—try it a little different way the next time—not those records as she advocates for peo- and a Republican from Kansas, but the one to mince words, but as a good Big ple who don’t have big lobbies, who two of them were quite a team and Sister would take us under her wing don’t have lots of political clout and BARBARA MIKULSKI speaks fondly of her and help us out as any good Big Sister can’t go out and hire PR firms and days with Senator Nancy Kassebaum. would do. well-paid and well-tailored advocates Today there are 17 of us and proudly we In addition to that wonderful, help- to walk the halls of the Senate. She is continue that tradition of respect and ful, and thoughtful gesture that she there for those people who don’t have a bipartisanship set in large measure by shared with me and so many, she has voice. She has been there for those peo- two of the women we greatly admire. been an inspiration to many women, ple ever since she was a community or- The late Representative Edith particularly young women who have ganizer in those early days in Balti- Nourse Rogers of Massachusetts, who looked up to her, trying to follow in more. served from 1925 to 1960, had previously her footsteps. When I think about trying to give held the record for the longest serving I can only say that this Senate and public service a good name, I think woman in Congress. Breaking this this Congress—the people of Maryland, about BARBARA MIKULSKI—our wonder- record is only one of the many mile- the people of our country and women ful friend, Senator BARBARA MIKULSKI, stones Senator MIKULSKI has accom- throughout the world—have been the senior Senator from the State of plished during her tenure in the Sen- blessed by her leadership. Maryland. We thank her for giving pub- ate. But, as she would so quickly say, What has touched me the most about lic service a good name. We thank her it is not how long you serve but how watching her is the fearlessness in for taking on the battles and the fights well you serve. It is not the length of which she serves. She does not back she has in the past. And we are all es- your service, as she said to us so many down. She knows herself, she is com- pecially grateful that at the end of this times, but the quality of your service. fortable in her own skin, and she tribute she will be back at her post a We could not have a better role doesn’t try to be someone she is not. few seats from me, standing for those model—in terms of effectiveness, She is very proud of her Polish-Amer- values and standing for those causes strength, tenacity, courage, boldness— ican background, always proud to talk that are so important to the well-being than in our own Senator BARBARA MI- about the bakery her parents owned, of this country. KULSKI. her immigrant background, and always Madam President, I yield the floor, She was the first female Democrat, so willing to share from her heart as and I suggest the absence of a quorum. the first in the history of our country, well as her mind some of what she be- The PRESIDING OFFICER (Mrs. to serve in both Chambers of Congress, lieves. SHAHEEN). The clerk will call the roll. the first female Democrat to be elected She has been nothing but an inspira- The legislative clerk proceeded to to the Senate without succeeding a tion to me and to many. I am so glad call the roll. husband or a father, and the first fe- I could come to the floor today, I am so Ms. LANDRIEU. Madam President, I male to chair an Appropriations Com- glad. I think almost every one of our ask unanimous consent the order for mittee. colleagues has made it to the floor to the quorum call be rescinded. I serve on the Appropriations Com- honor her. When God made BARBARA The PRESIDING OFFICER. Without mittee. It is one of the most powerful MIKULSKI, he threw away the mold. I objection, it is so ordered. committees in our Congress. When I don’t think there will ever be one like Ms. LANDRIEU. Madam President, I think about the fact that it took over her. There most certainly isn’t anyone may be the last speaker of the day, but 225 years for a woman to get the gavel in politics today who is like her. That I did not want to leave the Chamber or on just one of the 14 subcommittees— is good, to be unique in that way. She the building without taking a moment that number has changed over the dec- will be long remembered. I hope she to come to the floor, as so many of our ades—but if you think about it, from will serve here for many wonderful colleagues did today, to honor one of the beginning of our country’s history, years to come. I yield the floor. our own, one of our favorites. Not only those early days through the expansion is she a favorite to us but I am certain out West, through the Civil War, post- f beyond the shadow of a doubt that she Civil War history, the early part of the ADJOURNMENT UNTIL 9:30 A.M. is one of the favorite Senators ever to 1900s, World War I, World War II—never TOMORROW represent the State of Maryland. She is did a woman hold a gavel to write one The PRESIDING OFFICER. Under respected, she is beloved, and she is ad- budget for one committee in the entire the previous order, the Senate stands mired by millions of her constituents country, until BARBARA MIKULSKI re- adjourned until 9:30 a.m. tomorrow. from Maryland, but I can promise you ceived one of those gavels. Thereupon, the Senate, at 7:10 p.m., that is true of constituents in Lou- I can tell you from personal experi- adjourned until Thursday, March 22, isiana, potentially in your home State, ence serving with her on that com- 2012, at 9:30 a.m. mittee, our country is a better place— Madam President, and throughout the f world. in health, in welfare, our space pro- Last Saturday our friend and col- gram, our science and technology pro- NOMINATIONS league Senator BARBARA MIKULSKI of grams—because BARBARA MIKULSKI has Executive nominations received by Maryland became the longest serving used that gavel not to promote herself the Senate:

VerDate Mar 15 2010 04:09 Mar 22, 2012 Jkt 019060 PO 00000 Frm 00074 Fmt 4624 Sfmt 0634 E:\CR\FM\G21MR6.092 S21MRPT1 pwalker on DSK7TPTVN1PROD with SENATE March 21, 2012 CONGRESSIONAL RECORD — SENATE S1947

THE JUDICIARY ALBERT A. CITRO III TORRANCE L. CONNER CHRISTOPHER P. CMIEL COREY A. COOPER RAINEY RANSOM BRANDT, OF THE DISTRICT OF CO- HARRISON B. GILLIAM ERIK A. CORCORAN LUMBIA, TO BE AN ASSOCIATE JUDGE OF THE SUPERIOR MANUEL R. MEDINA TRAVIS E. COREY COURT OF THE DISTRICT OF COLUMBIA FOR THE TERM MARK K. OHANLON AMY M. CORY OF FIFTEEN YEARS, VICE JOAN Z. MCAVOY, RETIRED. JOSEPH P. STEPHENS JASON L. COWAN DANIEL J. YOUNG THERESA B. COX DEPARTMENT OF JUSTICE THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT REBECCA J. COZAD JOHN S. LEONARDO, OF ARIZONA, TO BE UNITED TO THE GRADE INDICATED IN THE UNITED STATES ARMY MIRANDA R. CRAIG STATES ATTORNEY FOR THE DISTRICT OF ARIZONA FOR UNDER TITLE 10, U.S.C., SECTION 624: JASON P. CRIST THE TERM OF FOUR YEARS, VICE DENNIS K. BURKE, RE- JASON S. CRITZER SIGNED. To be major CASSANDRA S. CROSBY MARK W. CROWDER JOHN R. ABELLA IN THE AIR FORCE JOSE J. CRUZ TIMOTHY M. ADAIR CHRISTEE S. CUTTINO THE FOLLOWING NAMED OFFICER FOR APPOINTMENT ELIZABETH A. ADAMS CASSANDRA E. DAILEY AS CHIEF OF AIR FORCE RESERVE, AND APPOINTMENT BRIAN J. ADKINS REBECCA A. DANGELO TO THE GRADE OF LIEUTENANT GENERAL IN THE RANDALL D. AGNEW CLAUDIA I. DANIEL UNITED STATES AIR FORCE WHILE ASSIGNED TO A POSI- ROMAINE M. AGUON GREGORY L. DARDEN TION OF IMPORTANCE AND RESPONSIBILITY UNDER BRIAN J. AHLERS JUSTIN L. DARNELL TITLE 10, U.S.C., SECTIONS 601 AND 8038 JACOB W. ALFORD MOLLY C. DAVIDSON To be lieutenant general DESHAUNDA R. ALLEN BRIAN D. DAVIS MICAH E. ALLEN MARCUS D. DAVIS MAJ. GEN. JAMES F. JACKSON XAVIER C. ALLEN OCTAVIA L. DAVIS THE FOLLOWING NAMED OFFICER FOR APPOINTMENT MATTHEW L. ALVAREZ SCOTT M. DAVIS IN THE UNITED STATES AIR FORCE TO THE GRADE INDI- BRAD D. ANDERSON THOMAS S. DAVIS CATED WHILE ASSIGNED TO A POSITION OF IMPORTANCE DESIREE L. ANDERSON TY G. DAWSON AND RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION SEAN M. ANDERSON CARTER G. DEEKENS 601: REYNA J. ANDREL JAMES W. DEER JORGE A. APONTE JOHN D. DEGIULIO To be lieutenant general TOBIAS S. APTICAR ROSA V. DELAGARZA MIGUEL A. AQUINO MAJ. GEN. ANDREW E. BUSCH DAVID W. DENNETT ADAM N. ARAUJO JOSEPH F. DENNING, JR. IN THE ARMY JAIME L. ARIZMENDI-AROCHO JERRY A. DEQUASIE DARRELL R. ARNDT LATIKA S. DIXON THE FOLLOWING NAMED OFFICER FOR APPOINTMENT NATHANIEL J. ARNOLD MICHAEL J. M. DIZON IN THE UNITED STATES ARMY TO THE GRADE INDICATED SAUL A. ARROYO MAX W. DONALDSON WHILE ASSIGNED TO A POSITION OF IMPORTANCE AND MICHAEL E. ASHTON CHARMAINE R. DOUCETTE RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION 601: STEVEN D. ATWOOD LONNY L. DOUTHIT To be lieutenant general CODY M. AUTREY THADDEUS J. DOUTHITT GEORGE M. AUTRY DAVID DUNCAN MAJ. GEN. ROBERT B. BROWN JAHREN D. BAEZ JEREMY R. EBDRUP THE FOLLOWING NAMED UNITED STATES ARMY RE- KYLE P. BAIR EARL L. ELAM SERVE OFFICER FOR APPOINTMENT AS CHIEF, ARMY RE- CHRISTOPHER M. BALDWIN GERVELINE ELIASSAINT SERVE AND APPOINTMENT TO THE GRADE INDICATED TIMOTHY J. BALLAS MARK A. ELLIS WHILE ASSIGNED TO A POSITION OF IMPORTANCE AND EMERSON F. BAMBA BARRICK K. ELMORE RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTIONS 601 SHEILA A. BANKS JONATHAN ENGROOS AND 3038: STEPHEN F. BARKER LARRY L. EPPS, JR. MICHAEL J. BARNETT CHRISTY L. ERWIN To be lieutenant general JONATHAN BARRETO JOHN C. FAUST MAJ. GEN. JEFFREY W. TALLEY JOSE V. BARROS GINA M. FERGUSON MATHEW A. BAUMGARTEN VICTORIA L. FERREIRA IN THE NAVY CHRISTOPHER S. BAY ANDRE R. FIELDS THE FOLLOWING NAMED OFFICER FOR APPOINTMENT AARON J. BECKER GREGORY D. FINN IN THE UNITED STATES NAVY TO THE GRADE INDICATED JEFFREY M. BELCOURT TAMMY D. FISHEL UNDER TITLE 10, U.S.C., SECTION 624: BRIDGETTE R. BELL DAVID P. FLEMING SEAN M. BELL JAMES E. FLOTT To be rear admiral (lower half) STACY L. BEQUER KEITH L. FORD NOEL P. BERGERON BENVERREN H. FORTUNE CAPT. DOUGLAS G. MORTON DAVID H. BERGMANN ANTHONY L. FREDA THE FOLLOWING NAMED OFFICER FOR APPOINTMENT CHRISTOPHER L. BERRY JONATHAN T. FREDRITZ IN THE UNITED STATES NAVY TO THE GRADE INDICATED DALE E. BERRY MICHAEL H. FULLMER UNDER TITLE 10, U.S.C., SECTION 624: LILLIAN A. BERRY BURTON FURLOW, JR. To be rear admiral (lower half) DAVID S. BEST MATTHEW F. FURTADO TRAVIS W. BLASCHKE CHARLES G. FYFFE CAPT. TERRY J. MOULTON WILLIAM D. BOISVERT SHANE L. GAINAN THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT ANGELA C. BORDEN TARONE L. GALLOWAY IN THE UNITED STATES NAVY TO THE GRADE INDICATED EDWARD L. BOULDIN TIMOTHY L. GALLOWAY UNDER TITLE 10, U.S.C., SECTION 624: JEREMY M. BOURQUE DUSTIN D. GAMACHE ELLHUE S. BOWLES, JR. LYDIA C. GANDARA To be rear admiral (lower half) BROOKS D. BOYD EFRAIN A. GARCIA-COLON DERWIN BRADLEY BRENT D. GARGUS CAPT. DAVID R. PIMPO TONEY M. BRANTLEY PROSPERO J. GATUS CAPT. DONALD L. SINGLETON GRANT J. BRAYLEY KENNETH J. GAUSE IN THE ARMY LARRY D. BRINSON, JR. WAYNE GENDRON WILLIAM O. BRITT III TAWOFIK M. GHAZAL THE FOLLOWING NAMED OFFICER FOR APPOINTMENT CRAIG L. BROE DUSTIN M. GILFOIL IN THE GRADE INDICATED IN THE RESERVE OF THE ARTHUR G. BRONG JARROD D. GILLESPIE ARMY UNDER TITLE 10, U.S.C., SECTION 12203: AARON S. BROWN ALPHONSO A. GILMORE To be colonel CHRISTOPHER A. BROWN NAQUAVA E. GLENN JONATHAN L. BROWN AMAURY A. GOMEZ JAMES M. VEAZEY, JR. MICHAEL C. BROWN MICHAEL G. GOODKNIGHT THE FOLLOWING NAMED OFFICER FOR APPOINTMENT MORRIS BROWN, JR. CHAON P. GORDON IN THE GRADE INDICATED IN THE REGULAR ARMY TONI N. BROWN CHRISTOPHER J. GORDON JUDGE ADVOCATE GENERAL’S CORPS UNDER TITLE 10, LEE M. BRUNER III GABRIEL GRANADOS U.S. C., SECTIONS 531 AND 3064: MIA P. BRUNER LESLIE A. GRAYHAM CHARLES V. BUIE JEDMUND W. GREENE To be major CORRIS L. BULLOCK JACQUELINE M. GREGG SHARI F. SHUGART QUINTON B. BURGESS MARIA M. C. GREGORY MICHAEL A. BURGETT DOUGLAS GRIFFITH THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT JEFFREY L. BUTTARS WILLIAM F. GRIFFITHS IN THE GRADE INDICATED IN THE REGULAR ARMY KEVIN D. CAESAR DANIEL W. HADDOX UNDER TITLE 10, U.S.C., SECTION 531: JOE D. CALDWELL, JR. NATHAN L. HADLOCK To be major STEVEN E. CAMACHO KRIS B. HALEY NAYARI N. CAMERON ANTHONY L. HALL DANIEL A. GALVIN TAMIKO M. CAMPBELL JEREON W. HALL SEAN V. KELLEHER HILARY C. CAMPHOUSE JEFFREY P. HALLADAY JOHN P. KUNSTBECK TIFFANY L. L. CARLISLE MICHAEL A. HALLINAN THOMAS J. SEARS ANDREW S. CARPENTER DENNIS L. HAN THE FOLLOWING NAMED ARMY NATIONAL GUARD OF ESTHER CASARI KEVIN M. HARPER THE UNITED STATES OFFICERS FOR APPOINTMENT TO ADAM R. CATES NICOLE L. HARRELL THE GRADE INDICATED IN THE RESERVE OF THE ARMY LEANDER B. CATES SHAUNAREY HARRIS UNDER TITLE 10, U.S.C., SECTIONS 12203 AND 12211: BRAD A. CATON TONY L. HARRIS FRANK A. CENKNER W N. HARRIS To be colonel NATACHA CERISIER-WHETSTONE JOSHUA S. HARTWICK BRANDON M. CHAPMAN JOSHUA L. HEADLEY ANTHONY R. CAMACHO HELEN M. CHEARS ROBERT A. HEDGE, JR. CARLTON C. CLEVELAND II SEAN M. CHERMER KENNETH R. HEEBNER KEVIN R. KICK CARLSON D. CHOW BRIAN S. HEISE RICHARD J. SLOMA KENT L. CHRISTOPHER CHAD M. HENDERSON THE FOLLOWING NAMED ARMY NATIONAL GUARD OF DAVID M. CHUDY JEROME HENDERSON THE UNITED STATES OFFICERS FOR APPOINTMENT TO DAVID S. CLARK LAWRENCE E. HENDERSON THE GRADE INDICATED IN THE RESERVE OF THE ARMY NICOLE L. CLARK ANTIWAN M. HENNING UNDER TITLE 10, U.S.C., SECTIONS 12203 AND 12211: COURTNEY G. CLAYTON EVERETT M. HENRY II To be colonel ANTONIO C. COFFEY KENNETH E. HERNDON JOSHUA D. COLLINS CHRISTOPHER M. HILL JAMES M. BLEDSOE PATRICK A. CONFER PAUL E. HOLT, JR.

VerDate Mar 15 2010 04:09 Mar 22, 2012 Jkt 019060 PO 00000 Frm 00075 Fmt 4624 Sfmt 9801 E:\CR\FM\A21MR6.005 S21MRPT1 pwalker on DSK7TPTVN1PROD with SENATE S1948 CONGRESSIONAL RECORD — SENATE March 21, 2012

JUSTIN T. HORSFALL NICHOLAS P. PANEPINTO MUHAREM TERZIC KATHRYN Z. HOSTETLER CATHERINE Z. PAPOULOGLOU GRANT T. THIMSEN ALEX J. HOUSTON III THOMAS A. PARKER CHRISTOPHER D. THOMAS GREGORY HOWARD, JR. VANESSA M. PARKER DRENNA L. THOMPSON DANIEL L. HOWSER MICHELLE L. PARLETTE JERMON D. TILLMAN ALLEN J. HUGHES ALICIA M. PARTIN ROSLYN D. TILLMAN ALFRED E. HUNTE III JEAN P. PAUL TONY D. TINDERHOLT JANAY L. HURLEY JON J. PEARL DANIEL P. TONE MATTHEW J. HURLEY AARON D. PEARSALL KEITH O. TONEY BRYAN C. HUTCHERSON STEPHANIE M. PEGHER ORLANDO L. TORRES JESSE J. IGLESIAS ERIC C. PENA ROBERT J. TREMBLAY MARIO M. IGLESIAS YVONNE V. PERDOMO WILLIAM N. TRENOR EDDIE L. IIAMS RYAN D. PERUSICH DANIEL T. TROST EUGENE IRBY GEOFFREY A. PETERS KENNETH M. TWITTY CHRISTOPHER D. ISBELL DWAYNE A. PETERSON VIC J. UNDERWOOD ALLAN S. JACKMAN RICKY PHAN CHRISTOPHER J. URYNOWICZ MATTHEW P. JACOBS ERIX S. PHILLIPS KATIE M. UTLEY LATOYA M. JAMES JON T. PHILLIPS MIKLOS S. VAJDA WILLIAM M. JAMIESON JEFFREY A. PHILLIPY PLOURDE VALLON HARLEY P. JENNINGS LANELLE J. PICKETT PATRICK S. VANKIRK NICOLE L. JEPSEN OBADIAH J. PILKINGTON EDISON H. VARGAS RAPHAEL A. JIMENEZ-RAMIREZ II CRISTIAN A. PINZON IAN J. VARGAS ALFONSO T. JOHNSON EDUARDO G. PLASCENCIA MELODY L. VARNER DEREK G. JOHNSON ADRIAN L. PLATER DOMINIC T. VAUGHAN EDWARD B. JOHNSON, JR. RICHARD R. PLESS JUAN A. VEGA JASON L. JOHNSON DEOSARAN POKHAI SOL A. VELEZ MARTIN A. L. JOHNSON DREW T. PONIVAS ERIC VERBURG MELISSA E. JOHNSON LEVITICUS D. POPE JUAN A. VILLATORO NAOMI S. JOHNSON TIMOTHY J. POWLAS THOMAS M. VIRNIG TEZSLYN L. JOHNSON MANUEL PRADO JOHNNY H. VUONG RACHEL J. JOSHUA KEITH N. PRATT LINDA C. WADE FELICIA JOYNER ROBERT T. PREMO ROBERT L. WALLS JOHNNY J. JUN PATRICK B. PRESTON SHAREEFAH J. WATERS MATTHEW P. KENT KENNETH D. PRICE ASHLEY L. WATSON JOSHUA T. KERTON ALIM A. QAASIM LATASHA WATSON STEPHEN J. KILDOW JEFFREY J. QUAIL CAREY E. WAY SARA D. KIMSEY NEROLIZA QUILES ANTHONY J. WEILBACHER ERIC K. KING ANGELA M. QUINN JOHN D. WEISSENBORN STACY L. KING AGUSTIN QUINONESVARGAS BRIAN J. WELCH VALERIE KNIGHT ERIK QUIRALTE ALLEN S. WELLMAN BRANDON M. KOAY EUPHEMIA S. RAMEY BRANDY L. WEST JOSEPH D. KOMANETZ SCOTT A. R. RAMIREZ ROBERT J. WEST BONNIE S. KOVATCH TINA L. RAMIREZ BRETT C. WHEELER KELLI J. KULHANEK RAMON G. RAMOS ALEX B. WHITE AMANDA R. LAM PAUL H. RAMSEY CHRISTOPHER M. WHITTEN JOHN D. LAMKIN WILLIE R. RAMSEY CORNELIUS D. WILBERT DANIEL E. LANDRUM JIBRIL B. RASHAD BRANDON J. WILKINS MARIEJANE V. LARIMER ADAM D. RAY AGNITA M. WILLIAMS MELINDA LATTING KALIN M. REARDON ANDREA WILLIAMS CLEOPATRA W. LAWSON PATRICK J. REARDON BRIAN M. WILLIAMS ALBERT J. LEE MARK C. REED DAVID C. WILLIAMS MICHAEL J. LEE ZAMBIA S. REMLEY JACQUELINE R. WILLIAMS KATHERINE A. LEIDENBERG ARLENE C. RILEY JAMES M. WILLIAMS RONALD C. LENKER MATTHEW C. RIVERA JAY A. WILLIAMS WILLIAM A. LESLIE, JR. MELODY D. ROBINSON KELSY R. WILLIAMS DENNIS M. LEUNG NARVO N. ROBINSON NICHOLAS I. WILLIAMS JASON M. LOGAN STEVEN C. ROBINSON YOLANDA M. WILLIAMS HANS J. LOKODI DANIEL RODRIGUEZ, JR. BENJAMIN E. WILSON EDGAR A. LOPEZ JEREMY J. ROGERS NICKOLA R. WILSON MIREYA K. LUMPKIN CHRISTOPHER J. RONALD RICHARD S. WILT, JR. JOSHUA H. LUNSFORD BENJAMIN ROSARIO-CAMACHO CHANCE L. WIREY JOEL M. MACHAK WILFORD A. RUFFIN JEFFREY L. WITHERSPOON CHARLIE MACK III EDWARD R. RUNYAN DEWAYNE G. WOOD JAMAAL A. MACK AMY A. SAAL EDWARD M. WOODALL JASON S. MALONE JEFFREY L. SACKS PHILLIP G. WOODEN THOMAS J. MARBURY RODRICK C. SALTER SHANON B. WOODS MARGARET J. MARCELLO DAVID A. SANCHEZ JAMES E. WORD CHRISTIAN C. MARKS JAYSON A. SANCHEZ LAURIJEAN C. WRIGHT JOSEPH C. MARSHALL ADIA H. SANDERS CHAD D. WRIGLESWORTH WALTER L. MARSHALL GARY E. SANDERS II DANIEL M. YABLONSKI JEFFREY L. MARSTELLER JAMES C. SANDERS TRACY L. YATES ROBERT P. MASSEY KENNETH E. SCATTERGOOD STANLEY M. YOUNG CHRISTOPHER J. MASSON RALPH E. SCHNEIDER IV WILLIAM Y. YUN IRMA M. MATOS SCOTT M. SCHOEN AMBER R. ZEIGLER ERIK D. MATTES JOHN B. SCHULKE, JR. ALAN ZERO ROBERT A. MATTHEWS JONATHAN M. SEITER ADAM C. ZIEGLER JOHN V. MAUNTEL PAUL D. SELL JASON S. ZMIJSKI ERIC S. MCCALL ROBERT S. SHAW D011081 MICHAEL R. MCCARTY ALAN W. SHOLES, JR. D010584 MARY K. MCCRAY JOHN D. SHORT AARON M. MCCULLOUGH JAIME L. SIMMONS THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT RONNIE D. MCCULLOUGH BRADLEY C. SINES TO THE GRADE INDICATED IN THE UNITED STATES ARMY RYAN P. MCDONALD MICHAEL S. SJOSTROM UNDER TITLE 10, U.S.C., SECTION 624: PAUL D. MEDLEY DENNIS I. SLATTERY To be major GERARDO MENAL ALLY M. SLEIMAN JOAQUIN M. MENO CHER C. SMITH DREW Q. ABELL RENEE M. MICHEL CRYSTAL V. SMITH JOHN C. ACOSTA MICHAEL A. MIGNANO EDWARD J. SMITH BRADY C. ADAMS KORY C. MILLER GREGORY S. SMITH MATTHEW J. ADAMS MICHAEL R. MILLER JOEL D. SMITH BRADLEY K. ALLBRITTEN NICHOLAS J. MILLER JOSHUA J. SMITH ERNEST A. ALMAZAN RENINA C. MILLER KELLEY A. SMITH PETER P. ALMIREZ JAE K. MIN OLIVER D. SMITH IVAN M. ALVARADO MATTHEW W. MISKOWSKI SHANNON I. SMITH HUMBERTO A. ALVAREZ JEANNETTE M. MOLINA STANTON W. SMITH DARIUS D. ANANIA DONALD MOORE, JR. EUNICE H. SORRELL ANN S. ANDERSON DONWAYGO R. MOORE, SR. JOSHUA D. SOUTHWORTH JUDITH ANTOINE JODIE M. MOORE TREVOR A. SPARKS DANIEL B. ANTON AYANNADJENABA A. MORALES JAMIE M. STAHL SIDDAHARTHA G. ARIAS CARL M. MOSES AMANDA K. STAMBACH MATTHEW J. ARNOLD DAVID C. MOSES BRIAN S. STANLEY DALLEN R. ARNY KIRK E. MOSS NICOLE R. STARR TERRY L. ARVA JAMES D. MULLIN VICTORIA S. STAUFFER BRETT J. ASHWORTH AVA W. MURPHY JERRY STECHER CHARLES T. AUSTIN PATRICIA C. MURPHY DAKOTA R. STEEDSMAN CARLO U. AVERGAS SHANE L. MURPHY MELISSA M. STEVENSON GINA M. AVILES LASHONDA C. NAIRN MATTHEW A. SUHAR CHARLES R. BAILEY JACOB T. NAYLOR MATTHEW B. SULLIVAN JONATHAN N. BAILEY ANTHONY P. NEWMAN VIRGINIA A. SUPANICK MARK J. BALBONI CHRISTIAN S. NEWTON ROBERT J. SUTTON MICHAEL J. BALLARD TYLER D. OLSEN CAMILLA M. SWAIN CHRISTIE E. BANNER HADIYA E. ONEAL RYAN D. TACKETT LAWRENCE E. BARBER STEPHEN F. OSTRANDER JUAN TALAMANTES, JR. MATTHEW S. BARGER WILLIAM OWEN MARILYN TAMATAVE STEPHEN W. BATEMAN MICHAEL O. OZOLS VERNON D. TAYLOR AARON D. BEAM TIMOTHY N. PAGE KEISHA A. TEIXEIRA JOSHUA P. BEARD MATTHEW P. PANEPINTO DWAYNE M. TERRY RICHARD D. I. BECKER

VerDate Mar 15 2010 04:09 Mar 22, 2012 Jkt 019060 PO 00000 Frm 00076 Fmt 4624 Sfmt 9801 E:\CR\FM\A21MR6.008 S21MRPT1 pwalker on DSK7TPTVN1PROD with SENATE March 21, 2012 CONGRESSIONAL RECORD — SENATE S1949

CHARLES J. BELL PAUL D. EGGIE EVAN D. JOHNSON NICOLE A. BELL ASHLEY R. ELLIS JEFFREY E. JOHNSON TRAVIS M. BELLER MICHAEL J. EMERSON JOEL M. JOHNSON BENJAMIN K. BENNETT PAUL A. ESCOBAR KHALI D. JOHNSON ARTHUR J. BENSON CHARLES D. ESTER SETH A. JOHNSTON DANNY L. BERNDT LUIS A. ETIENNE TERRY L. JOINER WYMAN T. BEY JULIANNA M. EUM JAMES M. JONES SPENCER BIAH KEVIN L. EVANS JENNIFER D. JONES CHRISTOPHER S. BILLINGSLEY CHRISTINA A. FANITZI RYAN D. JONES MARTY W. BISHOP LEMAR A. FARHAD STUART W. JONES COLLIN A. BISSELL CHRISTOPHER D. FELIX JASON E. KALOW JUSTIN T. BLADES ANTHONY J. FENNELL BAI S. KAMARA MELISSA A. BLONDIN JAY G. FIGURSKI JOSEPH M. KAMINSKI SCOTT M. BOBIER JUSTIN L. FINCHAM ALEX F. KATAUSKAS DAVID G. BOCK NATHAN K. FINNEY BRIAN A. KAVANAGH CHRISTOPHER B. BOER PHILIP J. FISHER DAVID F. KEITHAN BEN M. BORJA ANTHONY D. FISIC GERALD L. KELLER BLAKE C. BOTILL SHAWN M. FITZGERALD DANIEL J. KEMPEN ROBERT H. BOTSFORD IAN W. FLEISCHMANN JASON P. KENDZIERSKI BENJAMIN S. BOWDEN JANIS D. FLEMING SEAN K. KENEALLY GREGORY J. BOWLES CHARLES M. FLORES PHILLIP J. KERBER SIMON A. BOYD PETER R. FLORES, JR. BRETT T. KETCHUM TRAVIS B. BRASHERS AARON C. FORD DANIEL K. KILGORE MATTHEW J. BRENNAN KYLE D. FORD EZRA Y. KIM KENNETH N. BROCK MICHAEL M. FORESTER JAMES H. KIM JAMES M. BROGAN ADAM FORREST JAMES E. KING KENNETH B. BROOKS JACOB P. FOUTZ COLIN M. KINSELLA THOMAS V. BROOKS JOSHUA M. FRANCIS JARED R. KITE DAVID C. BROWN YASMIN J. FRANCIS BENJAMIN H. KLIMKOWSKI SEAN C. BROWN JOHANNA M. FRANCO KRAIG M. KLINE TEKEITHIA C. BROWN MAI L. E. FRANCO DUSTIN M. KNAUS MATTHEW O. BRUNDAGE WILLIAM P. FREDERICK WESLEY N. KNIGHT JOHN W. BRUSHABER SEAN A. FRERKING DONALD D. KOBAN ALICIA E. BRYANT CHRISTOPHER M. FRISBIE WILLIAM L. KOCH STEPHANIE M. BUCK MALLORY A. FRITZ DEREK J. KOCHER JERRY D. BUCKLES WILLIAM P. FROST MICHAEL A. KOTICH DANE W. BUCKLEY MAXWELL E. FULDAUER MAXIM A. KREKOTNEV WILLIAM N. BURGOS, JR. JOSHUA W. FULLER DANIEL KULL DAVID W. BUTLER BRADFORD L. GADDY MICHAEL C. KURTTI JOHN A. BYRD PAUL K. GALBRAITH AARON J. KUYKENDALL FELIX K. CANETE JOSEPH GARWACKI STEVE S. KWON ENRIQUE T. CANIZALES-PYLES JIMMY F. GASTON III DARRELL C. LADNIER JEFFREY L. CANNING CARL GAUSE, JR. JAMES R. LALLY KENNETH W. CAREL JASON J. GENARD CLAUDE A. LAMBERT JUAN F. CARLETON KURT L. GERFEN BRIAN H. LAMPERT CHAD E. CARR DAVID E. GERVAIS BRADLEY T. LANG DERRICK P. CARVER MATTHEW L. GETTINGS FRANCES P. LANG MARY C. CASSIDY MATTHEW C. GILL JEFFREY J. LANG ALBERTO CASTRO JOSHUA L. GLENDENING KEVIN S. LARRABEE ALLAN J. CATINDIG EDWARD F. GOLDNER NICOLE B. LAUENSTEIN STEVEN R. CAVIN MICHAEL D. GORE JOSEPH A. LAVALLE-RIVERA JESUS CEJA RANDALL T. GRAHAM CLARENCE L. LAWSON, JR. MICHELLE F. CENDANA LEE P. GRAY ANDREA L. LEAMAN ANTHONY E. CERULLO GEORGE C. GREANIAS LUCAS J. LEASE ALEX B. CHANEY CHRISTOPHER R. GREEN MICHAEL L. LECCLIER KAREN CHARCHAN JOHN D. GREEN GREGORY M. LECLAIR BRIAN CHEN NEAL R. GREEN AUVIE R. LEE BRUCE E. CHOJNACKI TERRENCE R. GRIFFIN CHRISTOPHER S. Y. LEE ANDREW E. CHOVANCEK BRENDA L. GRUSING JAMES A. LEIDENBERG NORMAN R. CHRISTIE REGINALD GUILLET TRACY B. LEON YOUNG H. CHUN GORDON F. GUILLOT JARROD L. LESLIE JONATHAN M. CINTRON ZACHARY L. HADFIELD WILLIAM C. LEWIS DOMINICK G. CLEMENTE, JR. RICHARD E. HAGNER CHRISTY A. R. LICKLIDER SHARMAN J. CLINCY CHRISTOPHER M. HALL JENNIFER D. LILES JASON C. COAD GERALD S. HALL TOMEEKA LILLY TRAVIS L. COFFMAN ZENIN J. HAMAGUCHI DONALD W. LINCOLN JAMES V. COLLADO BRYAN T. HAMILTON GEORGE J. LINDSEY VICTOR COLLADO ANTHONY J. HAMMON MARCUS E. LOPEZ ROBERT N. COLLIER LUCAS J. HARAVITCH DEBBIE C. LOVELADY CHRISTOPHER A. COLLINS KENNETH D. HARDY ARNIE F. LUCAS III CHRISTOPHER M. COLLINS EVERETT HARRIS CHRISTOPHER D. LUNDIN JUSTIN E. COLLINS NANCY K. HARRIS WESLEY H. LUTHER CHRISTOPHER U. COLUMBRES MARCUS A. HARRISON JAMES C. MACHADO DENNIS J. COMPTON SETH R. HARTMANN JEFFREY N. MACKINNON JOHN M. COMSTOCK JAMES H. HARVEY MICHAEL A. MADDOX JOSHUA S. CONARY SIMEON M. HARVEY BRANDY L. MALONE WILLIAM J. CONSTANTINO JAMES N. HARVILLE KELLY L. MARKIN JEREMY A. COOPER JACK HATFIELD III JAE C. MARQUIS CASEY J. CORCORAN ROBBY A. HAUGH MICHAEL A. MARTIN ERIC B. CORDAS AUSTIN T. HAYES CLARE MARTINEZ STEPHEN P. CORPUS PATRICK R. HEIM JONATHAN MARTINEZ LUCAS P. COTTRELL JONATHAN M. HEIST KIRSTIN S. MASSEY JOHN M. CRAIGHEAD WILLIAM L. HEITZMAN JOHN P. MAYO MATTHEW S. CROSBY RUSSELL W. HENNESSEY JOHN J. MCALLISTER WILLIAM R. CROSS HERSCHEL L. HENRY ALTON R. MCCALLUM TIMOTHY P. CULLERS DEAN K. HERMAN CHRISTOPHER B. MCCARVER JONATHAN P. CURTIS SHAWN R. HERRICK MICHAEL K. MCCOY GREGORY E. CZYZYK DANIEL D. HICKEY MICHAEL B. MCCRANIE CHARLES G. DAILEY NATHAN L. HICKS MATTHEW W. MCCRAY PAUL A. DALEN LIESL K. HIMMELBERGER JASON J. MCCUNE DEREK A. DALY MATTHEW R. HINZE COLIN J. MCELROY DONALD J. DANGLER ROBERT C. HOFFMAN PATRICK M. MCGRATH CHAD S. DANIELS GREGORY L. HOLIMAN RHONDA L. MCRAE BOBBY E. DAVIS, JR. DEBORAH L. HOLLAND CLINTON C. MEAD ELDONDA L. DAVIS BARBARA M. HORNE RICKIE R. MEERS, JR. MARK A. DAVIS DARNELL H. HOWARD DEREK W. MEHRTENS MATTHEW B. DAVIS DEMETRIUS D. HOWARD ERIK F. MELENDEZ STEVEN A. DAVIS DAVID H. HOYT JOSHUA G. MENDOZA ROBERT A. DAY GEORGE W. HUGHBANKS NATALIA R. MERCEDES-WILLIAMS AARON M. DEAN KEN M. HUGHES MELISSA C. MESSARE DAVID E. DEHART DAVID M. HUNTER JACOB I. MEYER TRAVIS D. DELKER MATTHEW J. HUNTER SEAN P. MICHAELSON LEONARD B. DELLA-MORETTA III SCOTT D. HUNTLEY EDWARD MIKKELSEN, JR. DAVID S. DIETZ WILLIE R. HUTCHINSON JASON C. MILLER TIFFANY L. DILLS FRANK K. HWANG MATTHEW L. MILLER HARRY L. DINGLE KEVIN T. IKE PATRICK G. MILLER CHRISTOPHER W. DISTIFENO ERIK M. ILIFF RYDER S. MILLER PAUL D. DOLEZAL KARL T. IVEY AMANDA MILNER TIMOTHY M. DOLL ANTONY B. JACKSON EDWARD J. MINOR MICHAEL L. DONEGAN ERIC T. JACKSON GARRICK P. MINOR ANDREW X. DOWNEY ROSS E. JACKSON AZUCENA MONTENEGRO JACKSON DRUMGOOLE II THOMAS P. JACOBS DUANE A. MONTOYA JEFFREY G. DUPREE BRIAN JAMES CHARLENE MOORE MICHAEL A. DUVAL TRAVIS W. JAMES JOHN F. K. MOORE PHILLIP A. DYE BRIAN M. JANTZEN BENJAMIN T. MOREHEAD CHRISTOPHER R. DZIADOS TIMOTHY L. JENKINS KYLE V. MOSES ETRIK J. EDDY MICHAEL T. JESSEE CARDY MOTEN III

VerDate Mar 15 2010 04:09 Mar 22, 2012 Jkt 019060 PO 00000 Frm 00077 Fmt 4624 Sfmt 9801 E:\CR\FM\A21MR6.011 S21MRPT1 pwalker on DSK7TPTVN1PROD with SENATE S1950 CONGRESSIONAL RECORD — SENATE March 21, 2012

CHRISTOPHER L. MUGG BRIAN T. SCHNEIDER ADLAI W. WILLIAMSON PATRICK R. MUGG BENJAMIN A. SCHNELLER ERIC N. WILSON DAVID A. MULLINS CLINTON R. SCHOFIELD JASON P. WILSON CHRISTOPHER U. MUNAR DAVID V. SCHULZ KENTRELL R. WILSON KEVIN C. MURNYACK JASON D. SCHWAB DARA L. WINNEY BRIAN P. MURPHY GAVIN D. SCHWAN CHRISTIAN R. WOLLENBURG JASON P. MURPHY BLAKE E. SCHWARTZ SETH M. WOMACK BRIAN S. MURRAY TERI E. SCROGGINS JUSTINE R. WONG JASON M. MUSGROVE ELIZABETH A. SEATON LOREN Y. WONG DAVID C. MUSICK LEWIS F. SEAU ADAM C. WOODBURY MICHELLE T. MYERS MICHAEL S. SENFT ERIK J. WRIGHT MICHAEL E. NAAS ZACHARIAH SEPULVEDA ERIK R. WRIGHT JEFFERY S. NASON SCOTT A. SEWELL JAMIE R. WRIGHT TYRONE L. NELSON NICHOLAS J. SHALLCROSS BENJAMIN J. WU SEAN P. NEWCOMB JESSE L. SHAW, JR. KELLY M. YARD BRAD A. NEWNUM CHRISTOPHER T. SHERBERT ALEX H. YI DAT T. NGUYEN BRAD K. SHIMATSU YONG YI VINH Q. NGUYEN JASON S. SHIN VICTOR M. YINH GLIDDEN NIEVES JARROD S. SHINGLETON PHILIP T. ZAPIEN EDWARD F. NORRIS MATTHEW D. SHIRLEY JASON A. ZERUTO STEPHEN M. NOTERY THOMAS J. SILIO BRYAN D. ZESKI DONALD J. NUNEMAKER STEVEN R. SIMMONS, JR. MICHAEL D. ZIBERT ROBERTO NUNEZ MICHAEL D. SIMPSON NIKOLAUS ZIEGLER RICHARD L. NYGAARD ORLANDO C. SIMS MATTHEW A. ZIMMERMAN RICARDO E. OCASIO DANIEL M. SINGLETON DANIEL N. ZISA RAYMOND W. ODONNELL THOMAS P. SIRICO JEREMY M. ZOLLIN GERALD M. ODOWD ASHANTI M. SKINNER D010577 PAUL C. OGWO RONNIE L. SLACK D010957 JASON M. ONEAL CHARLOTTE E. SMART-MCGHEE D010386 JORDAN D. ORDONIO DANIEL K. SMIT G010006 EGAN L. OREILLY JEROMIE D. SMITH G010121 MARK F. ORLANDI JOSEPH A. SMITH D010648 ISMAEL ORTIZ-RIVERA KEMIELLE D. SMITH G001454 JOSE F. ORTIZ-TRINIDAD MICHAEL SMITH D010489 CHAD A. OTT OCTAVIA R. SMITH G010092 JEREMIAH S. OWOH GAETANO M. SNOW JASON A. PARDEE BRENT SOELBERG THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT RUSSEL T. PARHAM JUNG S. SOH TO THE GRADE INDICATED IN THE UNITED STATES ARMY MATTHEW S. PARISH JUDITH SOTO UNDER TITLE 10, U.S.C., SECTION 624: AARON M. PARKER PATRICK S. SOUTHERLAND To be major DANIEL I. PATON IV AMBER SPAIN JARED G. PECK CONRAD D. SPANGLER EDWARD C. ADAMS JERRY L. PEEBLES LOUIS J. STANGLAND MICHAEL M. ADAMS DARRELL E. PEEK CHRISTOPHER L. STANGLE RANDALL J. ADAMS WINSTON A. PERRY JAMES S. STEWART ALLISON C. AGUILAR EDWARD T. PESKIE SEAN A. STEWART ANTHONY B. AGUILAR ROBERT L. PETERS MICHAEL B. STOKES MELISSA A. AGUILAR JOCOLBY W. PHILLIPS GLORIA E. STRINGER MARTIN AGUIRRE MARISA C. PIASECKI NAKIA J. SUMMERS ARNALDO C. ALBORNOZ JACOB C. PIERCE KELLY K. SUNDERLAND BILLY J. ALEXANDER BRADLEY K. PIETZYK CHRISTOPHER M. SUTTLES JASON M. ALEXANDER BRYAN W. PLASS ERICK C. SUTTON WALTER T. ALLARD MICKEY J. PLETCHER JOY C. SWANKE JASON D. ALLEN MARTHA A. PLUMLEY JAYSON L. SWEET KIMBERLY N. ALLEN ANDREW B. POKORA EUGENE SZYMANSKI RONALD M. ALLEN BENJAMIN POLANCO MARGARET D. TAAFE-MCMENAMY TIMOTHY L. AMBROSE MICHAEL T. POPE ELMER W. TAKASH III MARTIN D. ANDERS JAMES L. POTTER KENNETH S. TAKEHANA DANIEL J. ANDERSON LUIS E. PRECIADO KEVIN R. TANQUARY JON C. ANDERSON STEVEN E. PRESSLEY RYAN G. TATE KARO M. ANDERSON JAMES M. PRICE JESUS A. TAVARES, JR. NICHOLAS K. ANDERSON NATHAN R. PULLIN BRYAN T. TAYLOR PATRICK J. ANDERSON RYAN E. PURDY THOMAS W. TAYLOR II RICHARD H. ANDERSON JASON W. PYSKA MARCELO C. TEALDI RICHARD S. ANDERSON JASON A. QUASH ELIZABETH A. TEDRICK GRAYSON F. ANGUS MARIO A. QUEVEDO ROBERT P. TEXTER ADAM D. ANTONINI CARLOS A. RAMOS DARREN J. THOMAS ANTHONY APPLEGATE ANDREW J. READY JAMES H. THOMAS ALEX A. AQUINO THOMAS E. REDDICK, JR. KAI J. THOMPSON BAUDELIO ARIAS, JR. MICHAEL R. REDINGTON KEVIN G. THOMPSON DAMON T. ARMENI ANDREW C. REED ROBERT L. TINDALL ADAM W. ARMSTRONG KETTY N. REED JASON P. TISDALE DOUGLAS A. ARMSTRONG SANDRA E. REEVES PAUL W. TOMLINSON II MICHAEL C. ARNONE JOHN A. REGAN WILFORD A. TONEY DAVID E. ARROYO-BURDETT CHRISTOPHER P. REILLY ROBERT H. TOPPER, JR. NIKOLAS J. ASARO CORY S. REITER FELIX TORRES GEORGE J. ATHANASOPOULOS JESUS REYES IVAN TORRES JAMES A. ATTAWAY ALBERTO J. REYNOSO MICHAEL B. TOWNER FREDERICK J. BABAUTA BRAD A. RICE NADIA L. TRAYLOR JUSTIN L. BABCOCK DAVE C. RICHARDS SERGIO R. TREJO, JR. SEAN M. BADWOUND AMANDA B. RIFFER ADAM C. TUMBLIN STEWART D. BAILEY ADAM L. RIGGS JENNIFER M. TUREK MICAH I. BAKER ALBERT RIOS AARON S. TURNER MARIUS B. BALAS BRADLEY R. RITZEL JAMIESON L. TWIST ANDREW K. BARHAM JOHN A. RIZZUTO TIMOTHY D. TYNER JAMES P. BARNHART OMAR M. ROBERTO-CAEZ BENJAMIN K. ULLRICH ANDREW T. BASQUEZ CHRISTOPHER C. ROBERTSON MATTHEW P. UPPERMAN CRYSTAL B. BATEY JOHN B. ROBERTSON BRYAN M. VADEN JAMES A. BATTLE STEVEN L. ROBERTSON JENNIFER E. VALDIVIA AARON B. BATY DAVID RODRIGUEZ BENJAMIN J. VANMETER CHRISTOPHER O. BEAL MINERVA A. RODRIGUEZ BRANDON L. VANORDEN STEVEN W. BEARD KENNETH W. ROEDL STEPHAN A. VARGA ADAM BEATON, JR. GUILLERMO ROJAS, JR. JORGE E. VARGAS HERBERT F. BECK PETE ROONGSANG THOMAS W. VOGAN MICHAEL F. BECK MATTHEW T. ROSEN ALEXANDER M. VUKCEVIC CRAIG T. BEESE KRISJAND A. ROTHWEILER TRUNG N. VUONG SCOTTIE J. BENSON JOHN A. ROUSSEAU DENIS M. WAGNER GEORGE E. BERNDT BRYAN A. RUCKNAGEL ROMELL WARD TRAVIS BETZ RAMON A. RUIZ, JR. JESSICA D. WATSON TIMOTHY P. BIART MORGAN R. RUST WESLEY P. WATSON RAYMOND H. BIJOLLE JAMES D. RYAN SCOTT J. WEEMAN AARON L. BILLINGSLEY ALPHIE G. SACHNIK WILLIAM F. WEILAND JAMES C. BITHORN ANGELICA M. SALAZAR JONATHAN W. WELBORN JOSEPH C. BLACK DAVID SALAZAR SHAIN R. WERTHER DAVID W. BLACKWELL KYLE SALTZMAN WILLIAM W. WESSLING CHRISTIAN D. BLEVINS PEDRO R. SANABRIA FREDERICK J. WEST KWAME O. BOATENG PABLO SANCHEZ TYRONE O. WEST JENNIFER J. BOCANEGRA KELLY J. SANDERS TRENT M. WESTON STEPHAN R. BOLTON GREGORY E. SANDIFER DARRELL T. WHITE ROBERT E. BONHAM ERASMO SANDOVAL MATTHEW N. WHITE JEFFREY P. BOTTRELL PHILLIP J. SANTOLI CLAY T. WHITMAN JEREMY J. BOUDREAUX JEFFREY J. SANTOS VANCE K. WHITT MATTHEW J. BOWMAN STEPHEN J. SAPOL BENJAMIN T. WILLIAMS KEVIN L. BOYD ERICH J. SAUER BRENT S. WILLIAMS STEPHEN R. BOZOVICH KALE D. SAWYER DONYEL L. WILLIAMS BRANDON D. BRADLEY PAULA J. SCHEMMEL KARIF T. WILLIAMS PATRICK M. BRADLEY ROBERT W. SCHMOR SONIA S. WILLIAMS JOSEPH W. BRADSHAW

VerDate Mar 15 2010 04:09 Mar 22, 2012 Jkt 019060 PO 00000 Frm 00078 Fmt 4624 Sfmt 9801 E:\CR\FM\A21MR6.014 S21MRPT1 pwalker on DSK7TPTVN1PROD with SENATE March 21, 2012 CONGRESSIONAL RECORD — SENATE S1951

EVAN W. BRAINERD STEVEN C. DAVIES NICHOLAS P. GRAHAM ROBERT M. BRANDSTETTER DAMASIO DAVILA JOHN D. GRANLUND SCOTT L. BRANDT ANDREW L. DAVIS II GEORGINA M. GRANVILLE ELLINORE S. BRANDY MARVIN D. DAVIS WILLIAM C. GRAVES RICARDO BRAVO NANSHANTA B. DAVIS CHRISTOPHER M. GREEN JOSEPH O. BREEDLOVE NATHANIEL M. DAVIS EMILY W. GREEN CHARLES S. BRINK MATTHEW J. DAY GREGORY S. GREEN JONATHAN M. BRITTON CASEY A. DEAN RYAN M. GREENAWALT JIM A. BROCKINGTON TODD A. DECA ROBERT H. GREGORY CURTIS E. BROOKER TIMOTHY J. DECKER II MICHAEL A. GRETZ CLINTON E. BROOKS TIMOTHY W. DECKER SIMON P. GRIMM CLINTON W. BROWN RENE M. DELAFUENTE DENNIS A. GRINDE CODY H. BROWN DUSTIN E. DELCOURE JASON M. GRUBB DAVID L. BROWN PAUL N. DELEON EDMUND A. GUY MARK L. BROWN, JR. HENSON DELTANG LUIS O. GUZMAN MACKLAND H. BROWNELL PHILIP A. DEMME TIMOTHY A. HAEBERLE MARQUES A. BRUCE CHRISTOPHER DENATALE CHARLES W. HALL LARRY BRUEGGEMEYER JONPAUL E. DEPREO HEATHER M. HALL DAVID A. BRUNAIS MICHAEL G. DESTEFANO BRANDON R. HAMILTON STEPHEN W. BRUNK SCOTT C. DEWITT BRENT A. HAMILTON MARK A. BUCK JAMIE D. DOBSON BRIAN M. HAMILTON BRIAN W. BURBANK KEVIN S. DODSON MICHAEL A. HAMILTON JOHN L. BURBANK MICHAEL G. DOLAN JOSEPH L. HANDKE JEFFERSON D. BURGES JEFFREY M. DONALDSON BRADLEY D. HANSELL MEGAN T. BURKE DANIEL B. DOWNS BRYCE N. HANSEN NEYSA N. BURKES DERRICK G. DRAPER JASON R. HANSON SEAN C. BURNETT DERRICK S. DRAPER JASON M. HARLAN NATHANAEL O. BURNORE MATTHIAS W. DREHER ROBERT B. HARLESS COREY L. BURNS DENNY D. DRESCH CHAD E. HARMON THOMAS W. BURNS RAYMOND E. DRESCH JASON L. HARMON CHRISTOPHER L. BURTON TIMOTHY J. DRISCOLL ANDREW J. HARRIS MARK E. BUSH DEREK G. DROUIN TIMOTHY R. HARRIS PAUL S. BUTTON ANTHONY G. DUNAT MICHAEL D. HARRISON JOHN W. CAHILL FRANK R. DUVERGER III JASON K. HART BRIAN L. CALDWELL PAILY EAPEN JASON A. HARTLEY KEVIN J. CAMARATA TROY D. ECK JUSTIN E. HAWTHORNE DAVID R. CAMPBELL HAROLD G. EDDY DANIEL R. HAYES KYLE I. CAMPBELL CHRISTOPHER R. EIDMAN GREGORY H. HAYES NATASHA N. CAMPBELL DEREK J. ELDER PAUL C. HAYNSWORTH JUAN C. CANCEL LINDSEY M. ELDER ROBERT R. HAYWARD DANIEL B. CANNON GREGORY R. ELDRIDGE ROBERT D. HEFFNER JACOB W. CAPPS DAVID M. ELLIOTT WILLIAM S. HEFRON YOVANA CARDENAS RICHARD S. ELLIOTT JESSICA F. HEGENBART STEVEN M. CARMICHAEL TRAVIS W. ELOLF PADRAIC T. HEILIGER SEAN T. CARMODY JORDAN D. ENGER GLENMORE HEILMAN CHRISTIAN A. CARR MICHAEL J. ENGLUND MATTHEW J. HEIMERLE THOMAS CARROLL ALAN J. ENKE ANTHONY F. HEISLER JAMES E. CARSON, JR. VINCENT P. ENRIQUEZ MATTHEW D. HEITZ CHRISTOPHER J. CARTER DEREK E. ENSLOW RICK B. HELTON CORY J. CARTER ANDREW S. EVANS STEVEN M. HEMMANN ADAM V. CARUSO PHILLIP J. EWELL DAVID D. HENDERSON SEAN M. CASE CASSANDRA V. FACCIPONTI BRAD R. HENRY BILLY B. CASIDAY ANTHONY B. FALCON PHILIP G. HENSEL PABLO CASTRO BRYAN G. FANNING MICHAEL J. HERBEK MAX E. CAYLOR KITE S. FAULKNER GUY E. HERR THOMAS CHAE SCOTT T. FEATHERS ROBERTO HERRERA CHRISTOPHER S. CHAFFIN TROY A. FELTIS BROCKTON L. HERSHBERGER NICHOLAS B. CHALLEN JEFFREY S. FERGUSON WILLIAM M. HERTEL BENJAMIN T. CHANNELS JERALD M. FERGUSON RYAN G. HESTER JESSE R. CHAPIN VASHON W. FERGUSON MICHAEL T. HETTICK DAVID T. CHAPMAN ENNIS C. FERRELL SEAN M. HEVEY COLIN D. CHAPPELL DAVID J. FERRY GREGORY S. HICKERSON CHAUNCEY M. CHAPPELLE ROBERT A. FERRYMAN DANIEL A. HILL NORVEN J. CHARLES MICHAEL FILANOWSKI JOHN P. HILL ADRIAN M. CHEN ANGELINE D. FIMBRES JOSHUA L. HILL JIMMY T. CHEN MARK N. FINNEGAN TIMOTHY R. HINES LUIS M. CHESHIRE CANDACE N. FISHER JOHN P. HINTZ TIMYIAN CHEUNG BRENDAN D. FITZGERALD JOHN F. HLAVATY LUKE T. CHIVERS HERBERT H. FLATHER DANIEL G. HODERMARSKY HONG N. CHOE WILLIAM M. FLATHER MATTHEW A. HODGES COLLEEN K. CHRIST TOBIN C. FLINN CHAD E. HODKINS PEARL H. CHRISTENSEN RUFINO B. FLORES CORY L. HOEKSEMA KRISTOPHER P. CHRISTL HERIBERTO FLORES-SANCHEZ ANDREW J. HOEPRICH JOSHUA T. CHRISTY JEFFREY H. FOISY SEAN P. HOEY THOMAS R. CHURCH BENJAMIN H. FOLLANSBEE BRUCE L. HOFFMAN, JR. DANIEL J. CICCARELLI MATTHEW E. FONTAINE TIMOTHY D. HOGAN SCOTT D. CLARE JACQUE L. FONTENOT BRIAN C. HOLLIEN JOSEPH A. CLARK JEROME L. FORD III OTHA J. HOLMES LEWIS CLARK II CHRISTOPHER D. FOREMAN DOUGLAS N. HOLT CHARLES W. CLAYPOOL BRIAN G. FORESTER TIMOTHY E. HORNIK ADAM C. CMEREK LANCE J. FOUNTAIN CLIFFORD T. HOWARD CHRISTOPHER L. COATES MATTHEW M. FOX ANTHONY T. HOWELL GREGORY W. COATS NICK S. FRANCOIS BRODIE K. HOYER MICHAEL D. COLBURN ANTHONY E. FREUDE RONALD J. HUDAK JOHN T. COLLINS JOHNNY R. FRY KATHERINE F. HUET ARIS J. COMEAUX WALTER FUATA ALBERT J. HUGHES CHARLES W. COMFORT, JR. JEREMIAH L. FURNIA GRAHAM D. HUGHES BRANDON J. COOK BRIAN K. GADDIS JASON E. HULSEY KENNETH D. A. COOK RYAN J. GAINEY MICHAEL B. HULTQUIST MICHAEL D. COOKEY DONALD F. GALSTER JOSHUA A. HUNTER ASHA S. COOPER BRETT A. GAMBACORTA DANIEL E. HURD JAMES A. COPP CHRISTOPHER R. GAMSTON MICHAEL T. HUTCHINSON BRIAN L. CORBIN COLIN J. GANDY SHAWN P. HUTSON JAMES P. CORBIN ASHLEY R. GARDINER AMY N. HUTTER WILLIAM B. CORDELL THOMAS N. GARNER RUDDIE E. IBANEZ AVON D. CORNELIUS II WILLIAM C. GARRISON NKECHI P. IHEME JAMES L. COVINGTON THOMAS M. GARVEY DAVID M. IKE WARRICK G. CRAIG MARK J. GEISLER II CHRISTIAN D. INCREMONA JOHN D. CRAVEN TRENT D. GEISLER JOSEPH R. INGE, JR. KEVIN E. CRONIN BERNARD F. GERDING EARL INGRAM III JACOB M. CROSS CHRISTOPHER C. GETTER STEPHEN H. IRVING RONALD S. CROWTHER CRAIG A. GIANCATERINO TREVIS C. ISENBERG DAVID M. CULVER CALVIN D. GIBSON MICHAEL T. ISHIDA RUSSELL O. CUMMINGS CHRISTOPHER W. GIDEON CHRISTOPHER A. IZQUIERDO WILLIAM T. CUNNINGHAM FREDERICK B. GILES BRANDON C. JACKSON MATTHEW E. CURL KRISTOPHER T. GILLETT MARK A. JACKSON EDWARD M. CUSTER IAN M. GINTY VINCENT L. JACKSON ROBERT C. CUTHBERTSON ALEX L. GLADE KEVIN P. JAMES PAUL A. CUTTS JARRAD D. GLASENAPP MATTHEW L. JAMISON WADE M. CZAJKOWSKI PAUL D. GODSON LYNDA JEAN MICHAEL G. DABBS JONATHAN B. GODWIN TAWANDA S. JENKINS KEVIN E. DAGON DANIEL A. GOMEZ ERIC L. JENSEN JENNIFER A. DAHL TAMARA S. GONZALES GRANT E. JERRY TODD A. DANA KYLE E. GOODRIDGE ANDREW C. JOHANNES CLAY E. DANIELS JUSTIN B. GORKOWSKI JOHN K. JOHANNES MORISSE L. DANIELS, SR. CHAD M. GOSNEY COLIN M. JOHNSON NICHOLAS S. DAUGHERTY TAYA C. GRACE ELSA L. JOHNSON

VerDate Mar 15 2010 04:09 Mar 22, 2012 Jkt 019060 PO 00000 Frm 00079 Fmt 4624 Sfmt 9801 E:\CR\FM\A21MR6.018 S21MRPT1 pwalker on DSK7TPTVN1PROD with SENATE S1952 CONGRESSIONAL RECORD — SENATE March 21, 2012

JENNIFER L. JOHNSTON ANTOINE W. MARTIN WILLIAM S. OLIVER LONNI I. JOHNSTON JONAH J. MARTIN LASHUNDRA N. OLLIE MARK R. JOHNSTONE PHILIP S. MARTIN MICHAEL S. OMODT CHAD L. JONES TIMOTHY E. MARTIN WILLIAM R. ORKINS DAVID R. JONES GABRIEL I. MARTINEZ JOSEPH E. ORR, JR. GREGORY E. JONES JOSEPH A. MARTINEZ DAVID J. ORZECH JASON S. JONES ARI M. MARTYN ADRIAN B. OUTLAW RICHARD M. JONES ERIK D. MASICK ISMAEL OVALLE RUSSELL A. JONES ANDREW S. MASON LUCAS H. OVERSTREET SCOTT C. JONES RAYMOND A. MASZAROSE JONATHON T. PALUMBO NATHANAEL E. JOSLYN BRIAN MATHISON DAVID M. PANIAN TARA A. KAISER JOHN D. MATSINGER JEREMY L. PANKRATZ JACOB M. KALDOR YLLAN P. MAXWELL ANTHONY B. PANKUCH DANIEL M. KANE JOSHUA B. MAY DEREK R. PARK KEVIN P. KANE DANIEL P. MAYEDA EIJOON PARK JOHN A. KARCHER AMANDA C. MCCARTHY JAIME L. PARKER ERIK W. KARSTENSEN DIANNE V. MCCARTHY AARON G. PARKS KEITH C. KATZENBERGER JOSHUA S. MCCARTY MICHAEL A. PARKS CHRISTINE L. KAY MATTHEW D. MCCARTY VINCENT P. PARTICINI MICHAEL R. KAY BRIAN C. MCCLAIN ADAM L. PATTEN LORI A. KEENER ANDREW L. MCCOLLUM CHARLES W. PATTERSON GRACE K. KELLY DAN J. MCCONNELL PATTRIC R. PATTERSON RYAN M. KELLY MARK B. MCCOOL SHAWN R. PATTON WILLIAM E. KEMERLING NATHAN E. MCCORMACK ADAM H. PAXTON JULIAN T. KEMPER CASEY S. MCCOTTER JOHN G. PAXTON EMIL J. KESSELRING ADAM S. MCCOY BRIAN C. PAYNE CHRISTOPHER P. KIDDER DAVID S. MCCUNE SCOTT M. PAYNE MICHEAL D. KIESER MATTHEW D. MCDONALD STEVEN F. PAYNE EDWARD M. KIM KURT J. MCDOWELL SAM M. PEARSON III EDWIN T. KIM BRENDAN J. MCEVOY DANIEL J. PECHA SAMUEL KIM SEAN L. MCEWEN ALEXANDRO N. PEDRAZA DAVID B. KIMSEY DAVID C. MCKELVIN STUART H. PEEBLES AARON B. KING STEPHEN R. MCKINNEY JAMES B. PENCE ROBERT M. KINNEY JAMES K. MCKITTRICK JOHN R. PENDON DANIEL J. KINSELLA MICHAEL J. MCMORRIS WOODROW D. PENGELLY KYLE W. KIRBY PAUL M. MCNAMARA HEATH D. PENGILLY SHARON K. KIRCHER ODELLE J. MEANS GLENN B. PENNER ANDREW M. KLIPPEL WAYNE P. MECKLEY NEIL E. PENTTILA JARROD K. KNOWLDEN OTTY H. MEDINA CHRISTOPHER R. PENWARDEN RICHARD L. KNOX BRETT M. MEDSKER CARLOS M. PEREZ RICHARD P. KOCH MARTIN J. MEINERS JOHN A. PERNASELLI JARED K. KOELLING MEGAN C. MEINHOLZ KRISTOPHER S. PERRIN SCOTT W. KOHRS BRIAN J. MEISTER VALENTE I. PERRY JOSEPH A. KOPCHA RICHARD M. MENDENHALL ZACHARY J. PETERSON JUSTIN R. KOPER JOSE A. MENDEZ URBAN M. PICARD DAVID L. KORMAN KEVIN A. MERITHEW WESLEY P. PIERCE II RYAN C. KORTZE BRIAN M. MERKL JOE C. PIMENTEL MICHAEL A. KRAYER JOEL J. MESA LUKE A. PLESSINGER JERALD H. KUBICEK JOSEPH R. MICKLEY MORGAN C. PLUMMER ERIC M. KUENKE MICHAEL D. MIDDLETON MICHAEL J. POCHE KLINT E. KUHLMAN ERICKA M. MIER GREGORY R. POLK BRIAN A. KUNIHIRO RONALD D. MILDREN JAMES B. POLK DANIEL D. LABAR NATHAN P. MILES SHAWN P. POLONKEY JOHNATHAN B. LADSON BRADLEY C. MILLER JOHN A. POORE THOMAS A. LAINIS JOSEPH J. MILLER STONEY L. PORTIS JOHN M. LANCASTER, JR. JOSEPH L. MILLER MICHAEL A. POWELL JOHN J. LANDERS TRENT D. MILLER MITCHELL C. POWELL WILLIAM F. LANEY COURTNEY R. MILLS GORDON E. POWERS SETH E. LANGSTON KRISTOFFER T. MILLS JOSHUA D. POWERS RYAN M. LAUGHNA MATTHEW T. MINNICK TYRONE B. POWERS DANIEL M. LAVOIE TIMOTHY MITCHELL JASON E. POYSER ORRETT D. O. LAWRENCE ROBERT K. MOCABEE NEIL S. PRAKASH ASHLEY B. LEA CHARLES A. MOFFIT THOMAS F. PRATT DANIEL R. LEARD SEBASTIAN MONTAGNE RICHARD T. PRESLEY GENNELLE J. LEE BRIAN A. MONTGOMERY JOSEPH L. PRESUTTO STEPHEN C. LEE SCOTT R. MONTOYA TIMOTHY A. PRICE YONG J. LEE BILLY A. MOODY WILLIAM M. PRIDDIS SCOTT W. LEIFKER MATHEW W. MOORE JEREMY D. PRINCE CHRISTOPHER M. LEINBACH NIKOLAI J. MOORE JUSTIN M. PRITCHARD JOHN D. LEITNER CHARLES MOORES JUSTIN B. PULLEN MICHAEL LEIVA BRIAN M. MORAN JOSHUA A. PUSILLO MARK S. LEMANSKI MARK C. MORETTI JASON W. PUTTEET TIMOTHY J. LEONE DAVID S. MORGAN MAURO QUEVEDO, JR. EDWARD B. LESCHER JOHN T. MORGAN III DANIEL K. QUINN CHRISTOPHER A. LEVESQUE GEORGE M. J. MORRIS JOSEPH M. QUINN ISAAC E. LEWELLEN KATHERINE J. MORRIS GEORGE T. RABB ANDREW R. LEWIS AARON E. MORRISON STEVEN M. RACHAMIM CHARLES D. LEWIS MATTHEW J. MOUSSEAU JASON D. RATHBUN LAWRENCE J. LEWIS CHRISTOPHER W. MUELLER JOHN P. J. RAUH RANDY L. LEWIS STEVEN D. MUELLER MATTHEW G. RAWLINGS DANIEL W. LICHLYTER JEREMY A. MULLER NICHOLAS J. RAYES JOSEPH M. LILLY JUSTIN V. MULLINS NATHAN E. RAYMOND DOUGLAS T. LINDSAY DAVID MUN JOSEPH A. REAGAN ERIC V. LIVENGOOD JONATHAN D. MURDOCK ROBERT S. REECE MICHAEL E. LOCONSOLO JONATHAN W. MURPHY MICHAEL J. REED ETHAN LOEFFERT PATRICK M. MURPHY MARCUS D. REEDER PATRICK J. LONG JASON A. MURRAY DEREK M. REEVES CHRIS J. LOPEZ DAVID R. MYERS JOHN D. REID SCOTT D. LORENZEN MARCUS T. MYERS MICHAEL J. REPASKY NICHOLAS W. LOUDON TARAN G. MYRICK REBECCA L. RESENDES MICHAEL R. LOUER JONATHAN C. NADLER RICHARD D. REVEL GRADY D. LOWE BENJAMIN J. NAGY JOSE A. REYES DAVID M. LUCAS ROBERT W. NAHABEDIAN BRYAN H. RHEE STEPHEN M. LUCAS RAUB E. NASH ANDREW M. RHODES BENJAMIN J. LUKOMSKI CULLY D. NEAL JOHN R. RHODES RUDI H. LUSA MICHAEL E. NEAL GEORGE R. RIGGIN WILLIAM L. LYCKMAN RUSTIN H. NECESSARY MICHAEL J. RIGNEY MICHAEL K. LYNCH CHAD M. NEIBERT JACOB J. RING PATRICK MACRI ERIC NELSON BENJAMIN R. RITTER ULYSSES U. MAFNAS JUSTIN J. NELSON CRISTIAN A. ROBBINS JOHN F. MAGLIOCCA MATTHEW K. NELSON JOSHUA D. ROBERTS DENNIS J. MAHER THOMAS M. NELSON JASON P. ROCKS TARA A. MAHONEY MARK T. NEWDIGATE ELPIDIO RODRIGUEZ BRIAN E. MAJOR BILL T. NGUYEN ROBERT R. RODRIGUEZ HEATH M. MAJOR BENJAMIN P. NICHOLAS DAVID F. ROMAN DYLAN W. MALCOMB JARED W. NICHOLS ADAM T. ROPELEWSKI ANGEL L. MALDONADO JUAN NIEVES-LOZADA JACOB E. ROPER JAMES R. MALLICOAT ANDREW D. NILSON MARK V. ROSS JASON A. MANGIARACINA PATTON C. NIX SCOTT W. ROST SCOTT B. MANSON TIMOTHY E. NIX JEFFREY W. ROTTENBERG BRIAN J. MARCOTTE KEVIN M. NOGLE CHARLES O. ROUZER BRETT A. MARDIS SEAN K. NOLAN BRENDAN D. ROWE DUSTIN E. MARLETT JERAMY R. NORLAND GREGORY S. ROYSE ANTHONY E. MARQUEZ EMILY A. NORTON MARKO N. RUBICH DALE F. MARROU ALEKSANDAR G. NULL JOHN P. RUDIO ANDREW W. MARSH CHARITY S. ODELL BRADLEY D. RUDY ANTHONY L. MARSTON ANTOINE D. OLIVER PAUL H. RUOPP III

VerDate Mar 15 2010 04:09 Mar 22, 2012 Jkt 019060 PO 00000 Frm 00080 Fmt 4624 Sfmt 9801 E:\CR\FM\A21MR6.021 S21MRPT1 pwalker on DSK7TPTVN1PROD with SENATE March 21, 2012 CONGRESSIONAL RECORD — SENATE S1953

LAMONTE C. RUSSELL MICHAEL R. STOCK JAMES F. WATTS JOSEPH M. SAHL THOMAS R. STOCKTON JASON R. WEBB ERIK B. SALUS BOB J. STONE ROBERT D. WEBB ALEXANDER D. SAMMS CHRISTIAN L. STONE STEVEN J. WEBER JACK E. SAMPLES MATTHEW W. STPIERRE LAURA R. WEIMER IREKA R. SANDERS MATTHEW A. STRAND ALEXANDRA E. WEISKOPF RAUL SANDOVAL MICHAEL A. STREETER MICHAEL J. WEISMAN SHANE T. SANDRETTO JOSHUA M. STURGILL KEVIN E. WELBORN YAJAIRA SANTIAGO PATRICK J. SULLIVAN JOSEPH Z. WELLS ROBERTO SANTIAGO-MARTINEZ SEAN M. SUMMERS WADE W. WELSH BRIAN T. SCHAPKER JASON M. SUMNER KEVIN G. WERRY, JR. AARON M. SCHEER DANIEL D. SUNDBERG JOSHUA WEST GERRITT S. SCHELLIN SCOTT A. SWAIDNER TARA K. WEST KEVIN P. SCHIEMAN MATTHEW T. SWAIN BRIAN J. WHITE PIETER C. SCHLEIDER JUSTIN J. SWANSON KEVIN C. WHITE RYAN J. SCHLOESSER DANIEL K. SYMONDS THOMAS L. WHITEHOUSE JONATHAN M. SCHLOICKA BENJAMIN M. SYMONETTE JOHN D. WHITING JOSHUA L. SCHNEIDER PATRICK B. TABIN BRYAN J. WHITMER ROSS J. SCHUCHARD TRAVIS W. TALLMAN SHANE A. WHITTEN RANDY M. SCHULTZ AARON M. TAPALMAN KIPPEN B. WICKWIRE, JR. JEREMY R. SCHUNKE ROBERT A. TARR GAGE L. WIENTJES AARON T. SCHWENGLER BARTON L. TATE ROBERT J. WILEY ALLIE M. B. SCOTT DANIELLE C. TAYLOR ANTHONY I. WILLIAMS JEREMY D. SCOTT MICHAEL J. TAYLOR DANIEL M. WILLIAMS DAVID M. SEAY PATRICK J. TAYLOR DENNIS R. WILLIAMS NICHOLAS S. SEIDEL EMILIANO TELLADO FREDERICK D. WILLIAMS PETER W. SEILS JAMES D. TEMPLIN CHRISTOPHER A. WILSON DANIEL W. SELKE DAVID L. TERVIN ROBERT G. WILSON DAVID SEMIDEY JASON G. THOMAS JASON A. WINKELMANN NICHOLAS J. SERRE PATRICK M. THOMAS JOHN H. WITHERS ANDREW F. SHAFFER JAMES L. THOMASSON MARCUS P. WONG PAUL R. SHEPARD ROBERT L. THOMSON BONNIE L. WOOD CHRISTOPHER J. SHEPHERD MICHAEL A. THURMAN BRITTANY Y. WOODS JOSHUA M. SHERER ANDREW R. TILL MATTHEW P. WOOLSEY JASON M. SHICK STEVEN W. TIPA TERRIE W. SHIN JOHN B. TIPPETT III JOHN J. WORLAND GREGORY P. SHIPPER MATTHEW W. TODD JEFFREY S. WRIGHT DANIEL K. SHIRES MARK D. TOMOLA TIMOTHY C. WYCOFF JASON T. SHUFF TODD M. TOMPKINS ANDREW K. YANG JEREMY D. SHUTE JUSTIN R. TOOLE DERRICK A. YOHE ERIC SIBLEY SANTINO M. TORRES CHAD A. YOUNG WILLIAM T. SIMPSON, JR. DANIEL F. TOWER PETER J. YOUNG SAMUEL E. SINCLAIR DARREN C. TOWER MICHAEL E. ZIEGELHOFER PAUL D. SIPE ANTHONY D. TOWNSEND MATTHEW D. ZIOBRO DENNIS M. SKELTON CHRISTOPHER B. TREUTING D011050 SEAN R. SKRMETTA TAD T. TSUNEYOSHI ERIC S. SLATER JAKE L. TURNER IN THE NAVY LUCAS D. SLINKER JAMES M. UPSON AMANDA L. SLUGA COLIN E. VANCE THE FOLLOWING NAMED OFFICER FOR REGULAR AP- GREGORY C. SMEDLEY ROBIN W. VANDEUSEN POINTMENT IN THE GRADE INDICATED IN THE UNITED SCOTT M. SMILEY PETER C. VANGJEL STATES NAVY UNDER TITLE 10, U.S.C., SECTION 531: AUDREY J. SMITH IAN S. VANGORDEN DWIGHT O. SMITH SHAWN J. VANTASSELL To be lieutenant commander JENNIFER L. SMITH JOSEPH P. VANTY ASHLEY A. HOCKYCKO KEVIN G. SMITH JASON S. VELASCO MARY M. SMITH ARTHUR VERESS THE FOLLOWING NAMED OFFICER FOR APPOINTMENT RYAN L. SMITH STEVEN A. VEVES TO THE GRADE INDICATED IN THE UNITED STATES NAVY MARK S. SNOWBARGER, JR. JONATHAN A. VILLASENOR UNDER TITLE 10, U.S.C., SECTION 624: ROBERT C. SNYDER III THOMAS C. VISEL JOSEPH S. SOKOL JEREMY B. VOGEL To be commander DOUGLAS R. SOLAN PATRICK D. VOGT ERIC Y. SOLER KEVIN R. WADDELL JASON A. LANGHAM BRENNAN M. SPEAKES DANIEL R. WAGNER THE FOLLOWING NAMED OFFICER FOR APPOINTMENT ALLEN W. SPENCE WINDY R. WALDREP TO THE GRADE INDICATED IN THE UNITED STATES NAVY DAVID E. SPENCER ELIZABETH N. WALGREN UNDER TITLE 10, U.S.C., SECTION 624: ANDREW J. SPRING CHARLES E. WALKER JEAN L. SPRINGER CHARLES R. WALKER To be commander NATHAN A. STAHL DANIEL J. WALKER DAVID J. STALKER JEFFREY P. WALKER WILL J. CHAMBERS WILLIAM S. STCLERGY WAYNE J. WALKER THE FOLLOWING NAMED INDIVIDUALS FOR APPOINT- BRIAN J. STEENO WILLIAM L. WALKER MENT TO THE GRADE INDICATED IN THE REGULAR NAVY BENJAMIN W. STEGMANN JOHN P. WANJA UNDER TITLE 10, U.S.C., SECTION 531: RAYMOND L. STELKER GARY WARD PAUL A. STELZER KENNETH A. WARD To be lieutenant commander DARRELL V. STEPTER KEVIN M. WARD ZACHARY D. STERRETT LLOYD E. WARREN PATRICK J. FOX, JR. LARRY STEWARD CHRISTOPHER L. WATKINS RUOHONG LIU WARREN B. STEWART RICHARD A. WATKINS JOEL B. SOLOMON ADAM M. STINE RICHARD M. WATT LESLIE H. TRIPPE

VerDate Mar 15 2010 04:09 Mar 22, 2012 Jkt 019060 PO 00000 Frm 00081 Fmt 4624 Sfmt 9801 E:\CR\FM\A21MR6.024 S21MRPT1 pwalker on DSK7TPTVN1PROD with SENATE March 21, 2012 CONGRESSIONAL RECORD — Extensions of Remarks E399 EXTENSIONS OF REMARKS

TRIBUTE TO WILLIAM J. than ceding operations to contractors. He de- Kevin has been very active with his troop, BOARMAN, 26TH PUBLIC PRINTER vised and won approval for a new annual in- participating in many scout activities. Over the OF THE UNITED STATES vestment and spending plan for the GPO that many years Kevin has been involved with is 6 percent less than his previous year’s plan, scouting, he has not only earned 31 merit HON. STENY H. HOYER and which puts the GPO on a path finally to badges, but also the respect of his family, OF MARYLAND begin retiring several presses that are more peers, and community. Most notably, Kevin IN THE HOUSE OF REPRESENTATIVES than 30 years old. served as his troop’s Patrol Leader and Bu- In other areas of the GPO, Bill’s achieve- gler. Kevin also contributed to his community Wednesday, March 21, 2012 ments were equally impressive. For example, through his Eagle Scout project. Kevin re- Mr. HOYER. Mr. Speaker, today I urge all he pushed forward with aggressive plans to stored a walking trail around St. Luke’s North- Members to join in commending William J. make more GPO space available for lease to land Hospital in Smithville, Missouri. ‘‘Bill’’ Boarman, who honorably and skillfully other agencies, and at the end of the year the Mr. Speaker, I proudly ask you to join me in led the Government Printing Office, GPO, as GPO was in active negotiations with several commending Kevin Kopp for his accomplish- the 26th Public Printer from January 3, 2011, organizations. As a former proofreader at the ments with the Boy Scouts of America and for to January 3, 2012. GPO, his return to the agency restored con- his efforts put forth in achieving the highest Bill slashed agency spending dramatically fidence and bolstered employee morale. distinction of Eagle Scout. by eliminating nonessential hires, cutting Under his watch the GPO observed its 150th f needless travel, restricting use of overtime and anniversary, opening an exhibit of its history to IN MEMORY OF FREDERICK J. reducing the GPO’s annual spending plan for the public and issuing a new book on its past, GIORGI 2011 by 15 percent. He held the line on salary Keeping America Informed. Last month Bill increases consistently with the President’s made GPO history by appointing a highly government-wide pay freeze. Bill created a qualified senior manager, Ms. Davita Vance- HON. TIM HOLDEN specialized task force to collect funds owed to Cooks, as Deputy Public Printer, the first OF PENNSYLVANIA GPO and within months collected over a third woman ever to hold that post, and with Bill’s IN THE HOUSE OF REPRESENTATIVES of the money due, some outstanding for seven departure, she is today the first woman ever to Wednesday, March 21, 2012 years. head the agency. Mr. HOLDEN. Mr. Speaker, it is with great To avoid potential lay-offs in the future, Bill Mr. Speaker, Bill Boarman’s tenure as Pub- sadness that I rise today to remember and authorized a buyout of up to 15 percent of his lic Printer set a new standard of achievement honor the life of my good friend, Frederick J. workforce, but excluding from eligibility em- for his successors to emulate. In my judgment, Giorgi. Fred died on February 18, 2012, of ployees in mission-critical positions. Together the actions of a handful of Senators to block natural causes at St. Joseph Medical Center with his restrictions on new hires, the buyout an up-or-down vote on the President’s nomi- in Reading, Pennsylvania. plan achieved 94 percent of its goal and re- nation of Bill Boarman deprived Congress, Frederick Giorgi was born on December 3, duced the GPO’s staffing to its lowest level in Federal agencies, and the American public of 1930. He was the son of the late Pietro and a century. This achievement will save GPO his faithful service during this time of difficult Elvira Giorgi, natives of Ascoli Piceno, Italy. and taxpayers tens of millions of dollars in fu- transition when most needed. Fred was a proud 1948 graduate of Reading ture years. Regardless what may come next, Bill Central Catholic High School and received a Bill also worked with the two appropriations Boarman can leave the Government Printing Bachelor of Science degree in 1952 from committees to provide GPO with funding 15 Office confident that GPO is better than when Villanova University where he majored in Pre- percent below the prior year but which none- he found it, and that he has left it in good and Law/Accounting. He later received a Juris theless assures GPO’s ability to perform its capable hands. Please join me in offering the Doctor degree from Dickinson School of Law essential functions. To address questions thanks of a grateful Nation to a dedicated pub- in 1955. about the work GPO performs for Congress, lic servant. We wish Bill only the best. After earning his law degree, Fred served Bill provided persuasive testimony on the f two years in the U.S. Navy before becoming value of the printing services that the GPO a founding partner in the law firm of Austin, performs while at the same time ordering the PERSONAL EXPLANATION Boland, Connor, & Giorgi in Reading. During first-ever survey of Congress’s printing re- this time he worked part-time at the family quirements. This precedent-setting work, HON. PETE SESSIONS business, Giorgio Foods Inc., and its related which was commended by the House Appro- OF TEXAS companies. In 1975, he left public practice to priations Committee, resulted in the largest IN THE HOUSE OF REPRESENTATIVES fully dedicate his time to the family business. single-year percentage reduction in the num- Until his passing, Fred was the chairman of ber of printed CONGRESSIONAL RECORDS deliv- Wednesday, March 21, 2012 F&P Holding Company with subsidiaries ered to Congress since the GPO began to Mr. SESSIONS. Mr. Speaker, on rollcall No. Giorgio Foods, Inc., Giorgi Mushroom, Co., transition to online versions in 1994. 113, had I been present, I would have voted, Can Corporation of America, Maidencreek As a result of these and other efforts, Bill’s ‘‘yea.’’ Plaza Co., and other companies in the U.S.A. annual report to Congress reported that the f and Can Pack S.A., with operations in Poland, GPO ended the year with a net income of the United Kingdom, Russia, Ukraine, India, $5.6 million, a positive result validated by an HONORING KEVIN KOPP UAE, Spain, France, Morocco, Romania, the external auditor. Yet Bill’s leadership at the Czech Republic, Slovakia, Turkey, and Brazil. GPO was about more than cutting costs and HON. SAM GRAVES Fred’s many personal and professional ac- improving financial returns. He made customer OF MISSOURI complishments were recognized with a num- service GPO’s primary strategic goal, a direc- IN THE HOUSE OF REPRESENTATIVES ber of awards, including a Career Achieve- tion that earned the agency applause in a gov- ment Award from Dickinson School of Law, an ernment-wide agency survey. He put GPO on Wednesday, March 21, 2012 Award of Merit from Penn State University De- Facebook and ordered the development and Mr. GRAVES of Missouri. Mr. Speaker, I partment of Mushroom Science, and a 2005 release of the GPO’s first mobile Web applica- proudly pause to recognize Kevin Kopp. Kevin Officer’s Cross of the Order of Merit by the tion. While continuing the development of is a very special young man who has exempli- President of the Republic of Poland for out- GPO’s online Federal Digital System and the fied the finest qualities of citizenship and lead- standing contribution to the development of GPO’s plan for a new automated composition ership by taking an active part in the Boy the Polish economy. In 2008, he was pre- system, he emphasized efficiency and agency Scouts of America, Troop 1412, and earning sented with a 50-year Membership Award by control over the GPO’s digital systems rather the most prestigious award of Eagle Scout. the Berks County Bar Association.

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

VerDate Mar 15 2010 05:56 Mar 22, 2012 Jkt 019060 PO 00000 Frm 00001 Fmt 0626 Sfmt 9920 E:\CR\FM\A21MR8.001 E21MRPT1 tjames on DSK6SPTVN1PROD with REMARKS E400 CONGRESSIONAL RECORD — Extensions of Remarks March 21, 2012 Fred’s wisdom and energy instilled in his 1965 to 1996. He serves as the principal fi- earning the most prestigious award of Eagle employees the desire and will to achieve well nancial officer for TSCL and also as the Scout. beyond expectations. He regarded his employ- Treasurer of the TREA Memorial Foundation. Tim has been very active with his troop, ees so highly that he never missed an oppor- Cates is 1st Vice President of TREA Chapter participating in many scout activities. Over the tunity to let them know they were his stars and 1 in Colorado Springs, CO. many years Tim has been involved with scout- rewarded them with company trips all around Secretary Charlie Flowers served in the ing, he has not only earned numerous merit the world. U.S. Air Force for over 21 years. He has badges, but also the respect of his family, The charitable contributions Fred so quietly served as the National President of TREA. peers, and community. Most notably, Tim con- contributed to his local community, the inter- Also, he served on the TREA National Board tributed to his community through his Eagle national community, and his beloved church as a Director and as National Parliamentarian. Scout project. Tim planned and constructed a are too numerous to mention. He resides in Denver, CO. flag pole for all veterans of the United States Fred will be greatly missed by his family, Michael Gales served in the U.S. military for military and to honor their service and sac- colleagues, friends, and all of the lives that he 27 years and is a lifetime member of TREA rifice. touched with his loyalty, compassion, gen- since 1988. He is active in his community and Mr. Speaker, I proudly ask you to join me in erosity and humor. he serves as President of the Patterson Ave- commending Timothy M. Matthews for his ac- Mr. Speaker and fellow colleagues, please nue Improvement Association in Baltimore, complishments with the Boy Scouts of Amer- join me in remembering my dear friend, Fred MD. ica and for his efforts put forth in achieving the Giorgi. TREA Liaison Arthur Cooper served in the highest distinction of Eagle Scout. f U.S. Army for over 20 years, completing his f last tour as a Department of Nursing Edu- TRIBUTE TO CHAIRMAN LARRY HONORING THE HONOREES OF THE HYLAND AND THE SENIOR CITI- cation NCOIC. He currently serves as the Na- tional President of TREA. Cooper resides in MID-MAINE CHAMBER OF COM- ZENS LEAGUE BOARD OF TRUST- MERCE AWARDS EES Gambrills, MD. Immediate Past TSCL Chairman Daniel HON. MIKE McINTYRE O’Connell served in the U.S. Air Force for 29 HON. MICHAEL H. MICHAUD years, retiring as a chief master sergeant. His OF MAINE OF NORTH CAROLINA U.S. Air Force career included service as the IN THE HOUSE OF REPRESENTATIVES IN THE HOUSE OF REPRESENTATIVES Training NCO for the Queens College ROTC Wednesday, March 21, 2012 Wednesday, March 21, 2012 Program. O’Connell also worked in protocol at Mr. MCINTYRE. Mr. Speaker, I am here to the Air Force Space Command in Colorado Mr. MICHAUD. Mr. Speaker, I rise today to congratulate Larry Hyland, the Chairman of Springs where he retired as Director of Pro- recognize the Honorees of the 2012 Mid- The Senior Citizens League (TSCL) and its tocol. Maine Chamber of Commerce Annual Awards Board of Trustee members for their work in The TSCL Board visits Capitol Hill in Wash- Dinner. The Mid-Maine Chamber of Com- educating the public and Congress about ington several times a year to personally meet merce serves the people and business com- issues of utmost importance to America’s sen- with Members of the U.S. House and Senate munity of the greater Waterville area, working iors. The Senior Citizens League represents to consult with them about seniors’ issues. with the business community to strengthen over 1 million members nationwide and 3,844 TSCL is especially interested in Social Secu- economic opportunity throughout the region in my Congressional district. rity remaining solvent and preserved for future and the state. The Senior Citizens league is a non-profit, generations. Each year, the Mid-Maine Chamber recog- non-partisan organization headquartered in Al- Under the leadership of Chairman Larry nizes some of the outstanding businesses and exandria, Virginia, that strives to educate mil- Hyland, The Senior Citizens League has strict- individuals that make Maine ‘‘the way life lions of seniors and Members of Congress ly adhered to its non-partisan status. Most no- should be’’ for all Mainers and Maine busi- through senior faxes, e-alerts, Public Service tably, Chairman Hyland has guided TSCL in nesses. These individuals and businesses are Announcements, newspapers ads, direct mail, its movement toward a more broad-based and committed to strengthening opportunity and and publications such as a monthly news- multi-issue organization. TSCL has become a prosperity in Maine. letter—The Advisor. leader on issues such as U.S.-Mexico Total- This year’s award recipients include Gil Five members of The Retired Enlisted Asso- ization (via FOIA documents), a Social Secu- Pelletier, recipient of the Distinguished Com- ciation (TREA) work tirelessly for The Senior rity COLA to be based on a Consumer Price munity Service Award; Central Maine Dis- Citizens League as non-paid volunteers to Index for the Elderly, Social Security Guar- posal, Business of the Year; Pamela Kick of help our most elderly and low income seniors: antee, Social Security Trust Fund Lock-Box, Pinnacle IT, Business Person of the Year; Dr. TSCL Chairman Larry Hyland, Vice Chairman and Social Security Notch Fairness. Barbara Covey of the MaineGeneral SAFE Thomas O’Connell, Treasurer Edward Cates, Each of the Board members has rendered Program, Outstanding Professional of the Secretary Charlie Flowers, and PAC Treasurer military service to their country, and each has Year; the Waterville Public Library, Community Michael Gales. In addition, TREA Liaison Ar- worked tirelessly to speak in behalf of seniors Service Project of the Year; Bruce Harrington thur Cooper and Past TSCL Chairman Daniel and The Senior Citizens League. Several of the Bank of Maine, ‘‘Rising Star’’ Award; O’Connell also serve on the Board of Trust- Members of Congress thanked them person- and Darla Frost of Kennebec Federal Savings, ees. ally for showing up in their offices, saying: ‘‘we the Customer Service Stardom Award. Chairman Larry Hyland retired from the U.S. never see representatives of some other sen- These recipients are among the best that Air Force as a senior master sergeant. During ior groups, but your organization always visits Maine has to offer. Through their leadership the Vietnam War era, Hyland was an aircraft us.’’ and incredible commitment to their commu- crew chief flying on missions into and out of Their determination to assist the most wor- nities and the region, Maine is a better place Vietnam and flew in the evacuations of 1975. thy and needy of our citizens is commendable. to live and do business. After active duty, he launched a small busi- f Mr. Speaker, please join me in congratu- ness and later entered Federal civil service lating the Mid-Maine Chamber of Commerce working for 16 years before retiring from the HONORING TIMOTHY M. and these individuals on their outstanding office of the Air Force Director of Operations, MATTHEWS service and achievement. Deputy Chief of Staff for Operations, Plans f and Requirements, Headquarters U.S. Air HON. SAM GRAVES HONORING BAHER MICHEL Force, Washington DC. OF MISSOURI Vice Chairman Thomas O’Connell served in IN THE HOUSE OF REPRESENTATIVES the U.S. Army including service as Division Wednesday, March 21, 2012 HON. PETE OLSON Logistics NCO. His experiences as a high OF TEXAS school teacher, author, and librarian have fa- Mr. GRAVES of Missouri. Mr. Speaker, I IN THE HOUSE OF REPRESENTATIVES cilitated his work on the TSCL Board of Trust- proudly pause to recognize Timothy M. Mat- Wednesday, March 21, 2012 ees. He participates in many local community thews. Tim is a very special young man who organizations in Westerly, RI. has exemplified the finest qualities of citizen- Mr. OLSON. Mr. Speaker, I am privileged to Treasurer Edward Cates served in the U.S. ship and leadership by taking an active part in interact with some of the brightest students in Army National Guard, U.S. Air Force from the Boy Scouts of America, Troop 28, and the 22nd Congressional District who serve on

VerDate Mar 15 2010 05:56 Mar 22, 2012 Jkt 019060 PO 00000 Frm 00002 Fmt 0626 Sfmt 9920 E:\CR\FM\A21MR8.003 E21MRPT1 tjames on DSK6SPTVN1PROD with REMARKS March 21, 2012 CONGRESSIONAL RECORD — Extensions of Remarks E401 my Congressional Youth Advisory Council. I A TRIBUTE TO THE MCCLUER was also instrumental in establishing the La- have gained much by listening to the high NORTH HIGH SCHOOL STARS, fayette Redevelopment Agency, which helped school students who are the future of this WINNERS OF THE MISSOURI pass the first Road and Drain Bond in the great nation. They provide important insight CLASS 5 STATE TITLE FOR BAS- area. into the concerns of our younger constituents KETBALL AND STATE CHAM- Gayle has accumulated numerous awards in and hopefully get a better sense of the impor- PIONS the course of her career, including recognition tance of being an active participant in the po- from the Metropolitan Transportation Commis- litical process. Many of the students have writ- HON. WM. LACY CLAY sion and the American Association of Univer- ten short essays on a variety of topics and I OF MISSOURI sity Women. Gayle was named Alumna of the am pleased to share these with my House col- IN THE HOUSE OF REPRESENTATIVES Year by California State University—East Bay leagues. and was honored as Co-Citizen of the Year by Wednesday, March 21, 2012 Baher Michel is a senior at Clements High the West County Business & Professional As- School in Fort Bend County, Texas. His essay Mr. CLAY. Mr. Speaker, I rise today to pay sociation. Most recently she was recognized topic is: Select an important event that has oc- tribute to Missouri’s own Class 5 State Basket- as the 2012 Lafayette Citizen of the Year curred in the past 50 years and explain how ball Champions, the McCluer North High Award for her outstanding dedication and con- that event has changed our country. Baher School Stars. tributions to the community. chose Marbury v. Madison. McCluer North basketball and winning Mr. Speaker, I invite my colleagues to join championships have become synonymous me in commending Supervisor Gayle Uilkema The United States Supreme Court is often a spring of controversy. With Marbury v. with one another, thanks to the tireless leader- for her committed and diligent service to La- Madison the Court has ‘‘judicial review’’, ship of head coach Randy Reed and his group fayette and Contra Costa County. I am power to deem any type of legislation as con- of determined and talented young men. High pleased to join her family, colleagues, and stitutional or unconstitutional, and thus, school students Alex Bluiett, Greg Brown, friends in congratulating her on an outstanding void. In other words, any government action Galen Brown, Terrance Bush, Damon career and wish her the very best as she be- or law can be challenged, brought in front of Clemons, Jacari Finley, Tremayne Garrett, gins a well-deserved retirement. the Court, and whatever the Justices decide Jordon Granger, Dorian Holland, Keith Jones, f is final. The fact that it holds such enormous Mario McCoy, Bryon Ray, Zac Taylor, and power in government but yet is comprised of Latron Thomas are now State champions. HONORING TODD MATTHEW a few unelected appointed Justices is per- CALTON plexing. How can five, nine, or even ten indi- The Stars’ run of excellence is unparalleled. viduals possibly reflect the American public In the past 6 years, McCluer North has won opinion? no fewer than 3 State championships and HON. SAM GRAVES To claim that the Supreme Court is insular played for the State title 4 times, winning the OF MISSOURI if not isolated of the real world would not be State’s most daunting district tournament 6 of IN THE HOUSE OF REPRESENTATIVES so outlandish of a claim. The fact that Jus- the past 7 years. This season alone, the Stars Wednesday, March 21, 2012 tices are appointed and not elected by the won 26 straight games, culminating in their general public is one indicator of a direct de- heroic victory over their rivals, the Nixa Ea- Mr. GRAVES of Missouri. Mr. Speaker, I viation from the public’s opinion. Another is gles. Their recent victory marks a fitting end to proudly pause to recognize Todd Matthew the fact that Justices serve in the Supreme a season of hard work and perseverance. Calton. Todd is a very special young man who Court for life (unless they are convicted and has exemplified the finest qualities of citizen- impeached or they retire). Thus, while public Their combination of athleticism, experience, society and opinion may and inevitably depth, and talent proved to be more than their ship and leadership by taking an active part in evolves, appointed Justices remain in power, most challenging competitors could handle. the Boy Scouts of America, Troop 397, and succeeding to not reflect nor mirror the Mr. Speaker, Coach Reed and the men of earning the most prestigious award of Eagle public’s changing opinion. Contenders might the McCluer North Stars are true examples of Scout. claim that such ‘‘insularity’’ is actually ben- sportsmanship and character, and I urge my Todd has been very active with his troop, eficial because the Supreme Court is not de- colleagues to join me in honoring their remark- participating in many scout activities. Over the signed to reflect public opinion, but rather able achievement. many years Todd has been involved with to merely interpret the Constitution. But scouting, he has not only earned 53 merit then again, how can only nine people decide f badges, but also the respect of his family, on what the Document meant as it relates to HONORING CONTRA COSTA COUN- today’s cases? peers, and community. Most notably, Todd is TY DISTRICT 2 SUPERVISOR While the Supreme Court does seem sov- a member of the Order of the Arrow and ereign of public opinion, it is not completely GAYLE UILKEMA earned the rank of Tom-Tom Beater in the secluded from it. A Justice appointee cannot Tribe of Mic-O-Say. Todd has also contributed make it to the Court unless voted on by the HON. GEORGE MILLER to his community through his Eagle Scout United States Senate, comprised of directly OF CALIFORNIA project. Todd built an outdoor volleyball court elected senators. So in essence, Justices IN THE HOUSE OF REPRESENTATIVES at Kearney Bible Church in Kearney, Missouri, should reflect public opinion not only be- a project that took Todd and his team of vol- cause the elected President chooses them, Wednesday, March 21, 2012 but also because the Senate confirms them. unteers 340 hours to complete. Todd also Mr. GEORGE MILLER of California. Mr. plans on serve our country in the United In conclusion, it may appear undemocratic Speaker, I rise with my colleague Congress- and thus paradoxical that one of our most States Marine Corps beginning in September man JOHN GARAMENDI to take this opportunity powerful branches in government is com- 2012. prised of unelected officials. However, it to recognize and congratulate Contra Costa Mr. Speaker, I proudly ask you to join me in must also be stated that such sovereignty County District 2 Supervisor Gayle Uilkema as commending Todd Matthew Calton for his ac- actually shields Justices from faltering with she retires after 37 years of public service. complishments with the Boy Scouts of Amer- the public’s ceaseless waves of ever-changing Supervisor Uilkema began her long career ica and for his efforts put forth in achieving the beliefs, emotions, and culture. in 1975 as a Lafayette Parks and Recreation highest distinction of Eagle Scout. Commissioner, and was soon elected to the f f Lafayette City Council. She served five subse- quent terms on the City Council, where she PERSONAL EXPLANATION PERSONAL EXPLANATION left a strong legacy, after which she proudly served four terms as Mayor of Lafayette. HON. ADAM KINZINGER HON. PETE SESSIONS As the longest serving member of the OF ILLINOIS Contra Costa County Board of Supervisors, IN THE HOUSE OF REPRESENTATIVES OF TEXAS Gayle Uilkema has worked tirelessly on behalf IN THE HOUSE OF REPRESENTATIVES of her constituents. Her knowledge and experi- Wednesday, March 21, 2012 Wednesday, March 21, 2012 ence was integral in developing Lafayette’s Mr. KINZINGER of Illinois. Mr. Speaker, un- Veterans Memorial Building and the Lafayette fortunately I was unable to have my vote in Mr. SESSIONS. Mr. Speaker, on rollcall No. Library and Learning Center, two projects the House recorded on H.R. 665 the Excess 116, had I been present, I would have voted which provided access to resources previously Federal Building and Property Disposal Act of ‘‘nay.’’ unavailable to many in the community. She 2011. If present, I would have voted ‘‘aye.’’

VerDate Mar 15 2010 05:56 Mar 22, 2012 Jkt 019060 PO 00000 Frm 00003 Fmt 0626 Sfmt 9920 E:\CR\FM\A21MR8.006 E21MRPT1 tjames on DSK6SPTVN1PROD with REMARKS E402 CONGRESSIONAL RECORD — Extensions of Remarks March 21, 2012 Additionally, on final passage of H.R. 2087, founded the 501(c)3 National Center for Elec- ‘‘STARS AND STRIPES: NO PROB- legislation to remove restrictions from a parcel tronics Recycling in 2005, and was a Deputy LEMS WITH ‘DON’T ASK, DON’T of land situated in the Atlantic District, Division Manager in the Technology Research TELL’ REPEAL’’ Accomack County, Virginia, I would have Group for Science Applications International voted ‘‘aye.’’ Corporation (SAIC). Prior to his private sector HON. BARNEY FRANK f employment, Walter was a Policy Aide in the OF MASSACHUSETTS IN THE HOUSE OF REPRESENTATIVES HONORING WALTER ALCORN, 2011 Providence District Supervisor’s office. FAIRFAX COUNTY CITIZEN OF Walter is a model of the best kind of civil Wednesday, March 21, 2012 THE YEAR servant. I’m proud to congratulate him on his Mr. FRANK of Massachusetts. Mr. Speaker, well-deserved award, and give my sincere whenever a legislative body deals with meas- HON. JAMES P. MORAN thanks for his unwavering service to Northern ures to prohibit or lessen discrimination OF VIRGINIA Virginia. against any group, opponents who do not wish to affirm that they are prejudiced against that IN THE HOUSE OF REPRESENTATIVES f group often assert that there will be negative Wednesday, March 21, 2012 consequences if the antidiscrimination meas- Mr. MORAN. Mr. Speaker, I rise today to CONGRATULATING MILES ure is adopted. Most recently, we heard dire congratulate Walter Alcorn, an exceptional SAFFRAN, RECIPIENT OF THE predictions from many supporters of the policy constituent, on his receipt of the 2011 Fairfax 2012 PRUDENTIAL SPIRIT OF of discriminating against gay, lesbian, bisexual County Citizen of the Year. Walter will receive COMMUNITY AWARD and transgender members of the military that this distinguished honor at the organization’s allowing these patriotic Americans to serve 62nd Annual Awards Banquet on March 25, their country openly would be terribly disrup- 2012. Walter has exhibited outstanding civic HON. DANIEL WEBSTER tive. Apparently, there were many who be- service and selfless volunteerism, and this lieved that young Americans who serve in the honor is rightfully awarded. OF FLORIDA military shared their prejudice. Walter’s recognition by the Fairfax County IN THE HOUSE OF REPRESENTATIVES Despite their arguments, the repeal was Citizens Association offers only a glimpse into voted by the Congress in 2010 and very effi- his committed service to the residents of Wednesday, March 21, 2012 ciently put into place by Defense Secretary Northern Virginia. Most recently, Walter’s in- Panetta after full consultation with the Military Mr. WEBSTER. Mr. Speaker, I am pleased volvement in Tyson’s Corner helped a great Chiefs of Staff. It has now been about six deal in solving many of the complex planning to recognize Miles Saffran for exemplary vol- months since the ban on honesty among gay, issues. unteer service in his community. Miles, age lesbian, bisexual and transgender military per- As the Chair of the Planning Commission’s 15, of Winter Park, has been named one of sonnel was dropped. And, as in many other Tysons Corner Committee, Walter led work to the top honorees in Florida by The 2012 Pru- cases—for example our laws protecting peo- translate the vision and recommendations of dential Spirit of Community Awards program, ple with disabilities, or our laws banning dis- the Tysons Corner Task Force into language an annual honor conferred on the most im- crimination against women—the predictions of appropriate for the Fairfax County Com- pressive student volunteers in each state and social chaos from opponents of fairness have prehensive Plan. For more than two years, the District of Columbia. proven to be baseless. Stars and Stripes, the widely regarded Walter led the Committee and worked with all Miles is a sophomore at Trinity Preparatory newspaper that serves our military, and has a concerned stakeholders to develop consensus School and has helped raise more than long record of independence and integrity, recommendations that were ultimately adopted $60,000 to fund three medical trips to Mexico summed it up in an article on March 19th as by the Board of Supervisors in June 2010. In where he has served as the surgical youth co- follows: ‘‘Six months after the military ended March of last year, the Board of Supervisors the controversial ‘‘don’t ask, don’t tell’’ law bar- requested that the Planning Commission de- ordinator for cleft lip and palate repair for Flor- ring gays from serving openly, Pentagon offi- velop an all-encompassing method to address ida Hospital’s mission trips. While in Mexico, cials and gay rights advocates say the policy infrastructure financing, along with other Miles was responsible for assisting surgeons, change has largely been a non-issue, with few Tysons-related implementation issues. Walter organizing medicine, cleaning masks, and comforting patients and their families. complaints and no major headaches resulting has diplomatically made sure that this has re- from the new rules.’’ mained transparent throughout the entire proc- The Prudential Spirit of Community Award It is true that there are some of those who ess. was created in 1995 by Prudential Financial in were opposed to this end to a discriminatory Walter’s service goes back decades. He has partnership with the National Association of policy who continue to argue that there would served on the Fairfax County Planning Com- Secondary School Principals to encourage have been problems if the Pentagon had not mission since 1997. He has chaired the Plan- youth volunteers in their contributions to soci- somehow mysteriously suppressed it. The no- ning Commission’s Tysons Corner Committee ety, to emphasize the value of volunteerism, tion that there is any significant degree of dis- since 2008 and has served as its Vice Chair- and to inspire other young people to follow satisfaction but there is no way that anyone man since 1997. He was first by Board Chair- their example. Over the past 17 years, the has been able to voice it—even anony- man Kate Hanley, and reappointed 3 times on program has become the nation’s largest mously—is of course highly suspect. The fact motions of Board Chairmen Gerry Connolly youth recognition effort based solely on com- is that is turns out that the young people in the and Sharon Bulova. He also chaired the Plan- munity service, and has involved more than military do not share the prejudices of some of ning Commission’s Environment Committee their would-be defenders, and the notion that from 1997 to 2006. Walter has been a Virginia 100,000 young volunteers at the local, state and national level. military effectiveness has in any way been Certified Planning Commissioner since De- damaged, or that we would see people leaving cember 1997. It is my pleasure to commend Miles for his the military, have been shown to have no Along with his service to the Fairfax County energy and initiative in seeking to make his basis. Planning Commission, he is an enthusiastic community and world a better place to live. Mr. Speaker, because it is important to have coach for Reston Little League, manager of His commitment and accomplishment is ex- this further example of the inaccuracy of the the Reston Warriors 12U baseball team and traordinary in today’s world and deserves rec- predictions that are made when we seek to serves on the steering committee of his Sun- ognition. His actions remind us that young ban discrimination against particular groups, day School class at the United Christian Par- Americans can play an important role in our and because this was such an important issue ish in Reston. When not volunteering, he is communities. debated in this Congress, I ask that the article employed as the Vice President for Environ- from Stars and Stripes be printed here. On behalf of the citizens of Central Florida, mental Affairs and Industry Sustainability at [From the Stars and Stripes, Mar. 19, 2012] I am pleased to recognize Miles Saffran’s self- the Consumer Electronics Association in Crys- (By Leo Shane III) lessness and enthusiasm for serving others tal City, where he commutes daily via the Fair- SIX MONTHS AFTER REPEAL, MILITARY SAYS fax Connector and Metro. Previously, he and for making a difference. The kind of altru- DADT DIED QUIETLY worked as an environmental consultant spe- ism evident in Miles’s efforts represents our WASHINGTON.—Sgt. Pepe Johnson was sur- cializing in the development of a national sys- brightest hopes for a better tomorrow. May his prised by the reaction he received when his tem for recycling electronic equipment, co- efforts inspire others to follow in his footsteps. fellow soldiers learned that he is gay.

VerDate Mar 15 2010 05:56 Mar 22, 2012 Jkt 019060 PO 00000 Frm 00004 Fmt 0626 Sfmt 0634 E:\CR\FM\K21MR8.004 E21MRPT1 tjames on DSK6SPTVN1PROD with REMARKS March 21, 2012 CONGRESSIONAL RECORD — Extensions of Remarks E403 ‘‘They’ve pretty much shrugged it off,’’ Meanwhile, Donnelly said that she has CAPTAIN THOMAS ‘‘BILL’’ DILLION said Johnson, who rejoined the Army last heard from a number of troops unhappy with AND THE FIREFIGHTER’S PRAYER fall after nearly a decade away. ‘‘Most of the changes, who are simply waiting for them were wondering why I had a nine-year their contracts to expire before leaving the gap in service. When I told them it was be- service. That could cause major problems in HON. TED POE cause of ‘don’t ask, don’t tell,’ they shrugged coming months and years, she said. OF TEXAS it off. Petty Officer 1st Class Jeremy Johnson, a IN THE HOUSE OF REPRESENTATIVES ‘‘That was a pleasant surprise.’’ member of active-duty gay-rights group Wednesday, March 21, 2012 Six months after the military dropped the OutServe, said he anticipates more problems controversial ‘‘don’t ask, don’t tell’’ law bar- in the future, although nothing to the extent Mr. POE of Texas. Mr. Speaker, Monday ring gays from serving openly, Pentagon offi- of Donnelly’s predictions. Many of the gay morning I attended the funeral of Captain cials and gay rights advocates say the policy troops he knows have not yet talked about Thomas ‘‘Bill’’ Dillion of the Houston Fire De- change has largely been a non-issue, with their personal lives with their work col- partment. Captain Dillion was rushing into a few complaints and no major headaches re- leagues, somewhat delaying the cultural im- sulting from the new rules. house fire on March 14 when he apparently pact of the repeal. died of a heart attack. Captain Dillion has Pentagon spokeswoman Eileen Lainez said ‘‘This was never about having people come the repeal is ‘‘proceeding smoothly across flying out of the closet,’’ he said. ‘‘It was three children, was 49 years of age, and had the Department of Defense,’’ which officials about knowing you can’t be fired for being spent 23 years with the Houston Fire Depart- there credit to the ‘‘enforcement of stand- found out. There’s going to be a natural ment. Bill’s crew at Station 69 spoke about his ards by our military leaders’’ and transition as more people become com- courage and how his contagious happy mood ‘‘servicemembers’ adherence to core values fortable with the idea.’’ was so infectious. He was a firemen’s fire- that include discipline and respect.’’ Johnson, who was forced from the military Officials at the Servicemembers Legal De- fighter. in 2007, became the first openly gay person to fense Network, a pro-repeal group which of- Mr. Speaker, the firefighters have a prayer reenlist after the repeal was finalized. He fers free legal assistance to troops on dis- to the Great Almighty about their public serv- said his commanders have warned him that crimination issues, said they’ve heard only a ice, saving lives and saving property. Here is he could be singled out for his public role, few minor complaints from military mem- how the prayer reads: but so far it hasn’t caused any real conflicts. bers about the implementation of the repeal. ‘‘I anticipate that this isn’t over, but I When I am called to duty, God ‘‘We had thought this would be largely a Wherever flames may rage non-event, and that has been the case,’’ said don’t anticipate major problems, either,’’ he said. Give me strength to save a life Aubrey Sarvis, executive director of the Whatever be its age. group. ‘‘I think the new regulations permit- Let me embrace a little child ting gays and lesbians to serve are unambig- f Before it is too late uous, and the commands have all made it Or save an older person from abundantly clear that this is the direction HONORING THE LIFE OF STATE The horror of that fate. the force is going.’’ SENATOR GARY W. KUBLY Military leaders have seen pushback from Enable me to be alert conservative groups on some high-profile And hear the weakest shout, post-repeal stories—such as a picture of a HON. BETTY McCOLLUM And quickly and efficiently gay Marine kissing his boyfriend which cir- OF MINNESOTA To put the fire out. culated earlier this month—but haven’t IN THE HOUSE OF REPRESENTATIVES I want to fill my calling faced any lawsuits or mass resignations pre- To give the best in me, dicted by some opponents. Wednesday, March 21, 2012 To guard my friend and neighbor Last month’s White House dinner honoring And protect their property. Ms. MCCOLLUM. Mr. Speaker, it is with a Iraq War veterans included several same-sex And, if, according to Your will, couples among the invitees, but in their re- heavy heart that I rise today to pay tribute to the life of Senator Gary W. Kubly, public serv- I must answer death’s call, marks military leaders didn’t even note that Please bless, with Your protecting hand, such a public display would have resulted in ant and Lutheran Pastor. Senator Kubly My family one and all. those troops’ dismissal just a few months passed away earlier this month at the age of And that’s just the way it is. earlier. 68, after a hard-fought battle with Lou Gehrig’s Johnson was booted out of the Army in Disease. As our community mourns the loss of f 2003 under ‘‘don’t ask, don’t tell.’’ After he shared his secret with some friends, others in this beloved civic leader, we must pause to HONORING MILAN DOSHI his unit started grilling them about his sex- celebrate Gary’s legacy and reflect upon his ual orientation. Feeling pressure from both years of service. HON. PETE OLSON his friends and others, Johnson eventually Gary’s lifelong career of service began OF TEXAS came clean to his superiors. when he joined the United States Air Force IN THE HOUSE OF REPRESENTATIVES As the political winds changed last year, during the late 1960s. After leaving the mili- Johnson said he was speaking with recruit- tary, Gary became a public school teacher Wednesday, March 21, 2012 ers about returning even before the repeal Mr. OLSON. Mr. Speaker, I am privileged to went into effect last September. prior to moving to Minnesota in 1970 to attend ‘‘Their biggest issue was asking when I Luther Theological Seminary in Saint Paul. interact with some of the brightest students in could start, not worrying about my personal After graduating from Luther Seminary in the 22nd Congressional District who serve on life,’’ he said. ‘‘There has been no backlash, 1974, Gary began his career as a Lutheran my Congressional Youth Advisory Council. I nothing to worry about.’’ Pastor, serving two churches near Granite have gained much by listening to the high Repeal opponents remain skeptical. Elaine Falls, Minnesota prior to his election to the school students who are the future of this Donnelly, president of the conservative Cen- Minnesota House of Representatives in 1996. great nation. They provide important insight ter for Military Readiness, said plenty of into the concerns of our younger constituents troops remain opposed to serving with open- Throughout his 15 years in the Minnesota ly gay colleagues, but fear they’ll lose their Legislature, Gary touched many lives, and his and hopefully get a better sense of the impor- job if they object to the military’s new pro- absence will be felt by all who had the privi- tance of being an active participant in the po- gay agenda. lege of knowing him. I was honored to serve litical process. Many of the students have writ- ‘‘The entire administration . . . has im- with him for four years in the Minnesota ten short essays on a variety of topics and I posed ‘zero tolerance’ policies against per- House of Representatives prior to his election am pleased to share these with my House col- sons who are not enthusiastic supporters of to the Minnesota Senate. He was a constant leagues. LGBT law,’’ she said. ‘‘This is what we pre- voice for the residents of the counties he Milan Doshi is a junior at Elkins High School dicted, but the effects will not be seen quick- in Fort Bend County, Texas. His essay topic ly, especially in an election year.’’ served in southwestern Minnesota, making Much of the repeal fight has already shift- sure rural communities had an advocate at the is: In your opinion, what role should governed to the next rights battlefield, whether Capitol. ment play in our lives? same-sex couples should receive the same Whether serving our country, his Church or Abraham Lincoln once said that this is a housing and medical benefits as their his constituents, Gary’s dedication to serving ‘‘government of the people, by the people, for straight peers. others was remarkable. His sense of duty and the people.’’ Government is an entity that Sarvis said the current benefits rules cre- plays just as much a role in our lives as we ate two different classes of servicemembers. honor are irreplaceable, and his voice will be allow it to play. As the current election is Opponents argue that the rights groups are missed at the Capitol. just around the corner, many of the issues trying to use the military to force radical so- Mr. Speaker, please join me in this tribute to that have prevailed in the presidential de- cial changes. Senator Gary W. Kubly. bates include what role the government

VerDate Mar 15 2010 05:56 Mar 22, 2012 Jkt 019060 PO 00000 Frm 00005 Fmt 0626 Sfmt 0634 E:\CR\FM\A21MR8.011 E21MRPT1 tjames on DSK6SPTVN1PROD with REMARKS E404 CONGRESSIONAL RECORD — Extensions of Remarks March 21, 2012 should play in our economy, foreign policy, lapse and then gradually begin to rebuild The Affordable Care Act extends coverage and our daily lives. itself, creating more jobs, steadying the to 92,500 uninsured residents of the 37th Dis- Many Americans believe that if the United economy, and more importantly, bringing trict and will guarantee that 17,500 residents States had learned from the past, they would stability to families across the country. have realized that the greater the country Thus, the role that government ought to with pre-existing conditions can obtain the got involved in the economy, with countries play in our lives should be one in balance health insurance they need. Since enactment, around the world, and in our daily lives, the and it ought to be the government’s respon- health care reform has extended insurance greater the magnitude of the problems in the sibility to make sure their actions are prop- coverage to 5,599 Californians through the status quo would become. Many Americans erly affecting their population. However, in new Pre-Existing Condition Insurance Plan. believe that our government has not learned situations where the government loses sight The Affordable Care Act protects 1,100 fam- from the past and continues to make the of the problems that lay ahead due to their ilies from bankruptcy due to unaffordable same mistakes that once made its popu- actions, it becomes the peoples’ responsi- health care costs and currently allows 59,000 lation distraught. Even though our country’s bility to speak and make sure their voice is interaction with foreign policy and the econ- heard. Because, after all, as Abraham Lin- young adults to obtain coverage on their par- omy may not directly impact us, the inter- coln once said, this is a ‘‘government of the ents’ insurance plans. The new law provides action somehow influences a majority of people, by the people, for the people.’’ millions of dollars in new funding for 11 com- America’s population in their daily lives. f munity health centers in my district. And fi- This impact on the status quo and on the nally, it will reduce the cost of uncompensated population’s mindset is indicative through PERSONAL EXPLANATION care for hospitals and other health care pro- stories in the news, through personal experiences, and through observations of our sur- viders by $125 million annually. roundings. HON. PETE SESSIONS Mr. Speaker, as we approach the two year Overall, our government should understand OF TEXAS anniversary of the enactment of the Affordable that the role that they play in our lives IN THE HOUSE OF REPRESENTATIVES Care Act, an attack on women’s access to af- should be in balance. Foreign policy has Wednesday, March 21, 2012 fordable, quality, and necessary healthcare made our country one of the most powerful services is underway. From the comments countries around the world. We have a pres- Mr. SESSIONS. Mr. Speaker, on rollcall No. made by Rush Limbaugh about Georgetown tigious navy, a strong air force, and, most 114, had I been present, I would have voted Law Student Sandra Fluke, to Republican at- importantly, the most dominating army that ‘‘yea.’’ money can buy; however, in this case, Amer- tempts to roll back coverage and restrict ac- f ica’s dedication towards the development of cess to birth control, the GOP’s war on its army has preoccupied them to a point IN RECOGNITION OF THE SECOND women stands in stark contrast to the Admin- where it has reallocated funds from other ANNIVERSARY OF THE PATIENT istration’s goal of ensuring that women have areas that desperately need them. This re- PROTECTION AND AFFORDABLE access to the healthcare services they need to allocation would allow the government to CARE ACT remain healthy. play a more conservative role in our lives. If As a female Member of Congress, I under- the funds that were dedicated towards for- stand that women have unique health care eign policy were reevaluated, I’m sure there HON. LAURA RICHARDSON needs, and are often the ones who make are places where cuts can be made and the OF CALIFORNIA health care decisions for their families. I voted money saved be reallocated to other sectors. IN THE HOUSE OF REPRESENTATIVES This begs the question of which sector re- for and strongly support the Affordable Care quires the money the most, based on its in- Wednesday, March 21, 2012 Act because it provides important benefits for fluence on our daily lives. The education sec- Ms. RICHARDSON. Mr. Speaker, I rise women and their families. The Affordable Care tor consists of the building blocks of this today to recognize the second anniversary of Act helps women by eliminating the discrimi- country and preoccupies most teenagers’ natory gender rating system, making sure that daily lives. If more money was invested in the enactment of the Patient Protection and this sector, we would be able to hire more ex- Affordable Care Act. In the two years since its insurance companies do not consider preg- perienced teachers, give teachers more free- enactment, the Affordable Care Act has been nancy grounds for denying coverage, and dom to construct their courses, create more good for seniors, good for women, good for doing away with all pre-existing conditions. effective ways of assessment, as well as pay small businesses, and good for all Americans. Thanks to the Affordable Care Act, all Amer- our teachers more. What this would inevi- As the Affordable Care Act is implemented, icans joining new insurance plans have the tably lead to is lesser involvement in edu- it will continue to expand access to affordable, freedom to choose from any primary care pro- cation, for kids my age, most of our daily quality health care for over 30 million Ameri- vider, OB-GYN, or pediatrician in their health lives, and more freedom for teachers to fos- cans and will work to reign in the ever-esca- plan’s network, or emergency care outside of ter growth and meet the needs of individual students, as well as give students the free- lating costs of health care. Passage of the Af- the plan’s network, without a referral. Under dom to express themselves without being re- fordable Care Act was a major step toward ful- the Affordable Care Act, women joining a new stricted to the methods of the government. filling the promise all Americans were pledged: health care plan can receive recommended This is important in demonstrating the bal- the promise of unalienable rights to life, liberty preventive services, like mammograms, new ance that is necessary of government in our and the pursuit of happiness which quality baby care and well-child visits, and an annual daily lives. If the government allowed stu- healthcare embodies. wellness visit with no out-of-pocket costs. In dents to embrace education, the United For the people I represent in the 37th Dis- 2011, over 6 million people with private insur- States would be able to be competitive with trict of California, the Affordable Care Act will ance coverage in California gained preventa- the education systems of other countries improve coverage for 299,000 residents who around the world. With smarter future gen- tive service coverage with no cost sharing as erations, America would not make the same already have insurance. It will give tax credits a result of the Affordable Care Act. mistakes it made in the past that led to eco- and other assistance to up to 146,000 families Before enactment of the Affordable Care nomic collapses such as the one that oc- and 15,100 small businesses to help them af- Act, women could be charged more for indi- curred during the Great Depression. Individ- ford coverage. Health care reform will also im- vidual insurance policies simply because of uals in the American government would fi- prove Medicare for 63,000 beneficiaries in my their gender. A 22-year-old woman could be nally realize that they ought to play a small- district, including closing the prescription drug charged 150 percent the premium that a 22- er role in the economy by allowing it to be ‘‘donut hole’’ once and for all. year-old man paid. In 2014, insurers will not the one that causes its own downfall and also In 2010, the Affordable Care Act made it be able to charge women higher premiums its own rebuilding. Over the past few years, it has become evident that the greater the possible for 354,592 Medicare beneficiaries in than they charge men. The law takes strong role that government plays in the economy, California to receive a $250 rebate to help action to control health care costs, including the further it goes into shambles and the cover the cost of their prescription drugs when helping states crack down on excessive pre- more jobs that are lost. This is important be- they hit the donut hole. In 2011, 319,429 mium increases and making sure most of your cause even though I have been fortunate Medicare beneficiaries received a 50 percent premium dollars go toward your health care. enough to have a family that has not had to discount—an average savings of $538 per The Affordable Care Act also allows young go through the stresses of job loss, the ef- person—on brand-name prescription drugs adults under the age of 26 to stay on their fects of thousands of jobs going away are when they hit the coverage gap. That’s a total parents’ health insurance plan. This provision being felt by families all across the United States, affecting their daily lives, in how savings of over $171 million for seniors in has expanded access to health insurance cov- they live and how they interact with the California alone! In my district, 3,200 seniors erage for 2.5 million young people nationwide. people around them. If the government did received prescription drug discounts worth In my district, 7,000 young adults have taken not play as large a role as it is playing right $1.5 million, an average discount of $460 per advantage of this provision and are now cov- now, we would probably see the economy col- senior. ered under their parents’ plan.

VerDate Mar 15 2010 05:56 Mar 22, 2012 Jkt 019060 PO 00000 Frm 00006 Fmt 0626 Sfmt 9920 E:\CR\FM\A21MR8.014 E21MRPT1 tjames on DSK6SPTVN1PROD with REMARKS March 21, 2012 CONGRESSIONAL RECORD — Extensions of Remarks E405 This week, the House will consider a bill to her community and world a better place to live caster. Since then, she has served as Chair of repeal the Independent Payment Advisory by supporting organizations such as the Chil- Atlanta’s United Way board, the first African- Board established under the Affordable Care dren’s Miracle Network. Her commitment and American and only the second woman. Her Act. Having previously garnered bipartisan accomplishment is extraordinary in today’s dedication to the organization might be due in support, the majority’s decision to attach a world and deserves recognition. Her actions no small part to the fact that her daughter was medical liability provision to the underlying remind us that young Americans can play an adopted through a United Way agency. In her piece of legislation amounts to nothing short of important role in our communities. own words, ‘‘United Way literally unites peo- a partisan ploy to score points with their base. On behalf of the citizens of central Florida, ple.’’ The language attached to the bill would I am pleased to recognize Elizabeth Tran’s United Way is not the only organization that place caps on medical malpractice awards for selflessness and enthusiasm for serving oth- has touched Monica’s heart. For many years, pain and suffering at $250,000 and would ers and for making a difference. The kind of Monica ran in the Susan G. Komen’s Race for override most state tort laws. Unfortunately, altruism evident in Elizabeth’s efforts rep- the Cure. She continued to run in the race and the majority’s decision to include tort reform resents our brightest hopes for a better tomor- volunteer for the organization until the year language on a completely unrelated measure row. May her efforts inspire others to follow in she herself was diagnosed with breast cancer. demonstrates their refusal to work with Mem- her footsteps. Her reaction to this cancer is a story that truly bers across the aisle in order to further f touched my heart. A very religious woman, strengthen the Affordable Care Act. Monica did not let fear cripple her—instead Mr. Speaker, the Affordable Care Act pro- A TRIBUTE TO MONICA PEARSON she left everything to God. She prayed, ‘‘Thy vides American families with stability and will be done, O Lord, not mine.’’ ‘‘If you are peace of mind. Never again will they have to HON. DAVID SCOTT really strong in your faith, then you don’t worry choose between their health and their liveli- OF GEORGIA about the outcome,’’ she said. The outcome is hood. As a result of the Affordable Care Act, IN THE HOUSE OF REPRESENTATIVES obvious—Monica remains to this day a strong, 23,000 children and 90,000 adults in my dis- Wednesday, March 21, 2012 dedicated woman. She is both an inspiration trict now have health insurance that covers and a role model. Monica will be retiring in preventive services without paying any co- Mr. DAVID SCOTT of Georgia. Mr. Speaker, July, but I know her character, personality and pays, coinsurance, or deductibles. Monica Pearson is a familiar face to metro At- spirit will not let her keep still. I wish her the I am proud to be a part of this historic lanta’s residents, though most know her by very best in her future endeavors, and may we health care policy change, and to be part of her former name—Monica Kaufman. For the continue to hear of her excellent work for her the days ahead in which we will work to fur- past 37 years, Monica has anchored WSB– community. God Bless. ther strengthen it. TV’s Channel 2 Action News. The character f f and amount of trust she has built as Channel 2’s nightly newscaster is laudable, but perhaps CONGRATULATORY REMARKS FOR CONGRATULATING ELIZABETH more important are the barriers she broke as OBTAINING THE RANK OF EAGLE TRAN, RECIPIENT OF THE 2012 she developed that reputation. Born and SCOUT PRUDENTIAL SPIRIT OF COMMU- brought up in the Civil Rights era, Monica be- NITY AWARD came not only the first African-American, but HON. SANDY ADAMS also the first woman to anchor a daily evening OF FLORIDA HON. DANIEL WEBSTER newscast on WSB in 1975. IN THE HOUSE OF REPRESENTATIVES OF FLORIDA Throughout her long career, Monica has ac- IN THE HOUSE OF REPRESENTATIVES cumulated an even longer list of awards and Wednesday, March 21, 2012 Wednesday, March 21, 2012 achievements. All in all, she has won thirty Mrs. ADAMS. Mr. Speaker, I would like to Mr. WEBSTER. Mr. Speaker, I am pleased Local and Southern Regional Emmy awards. congratulate Joshua Beard for achieving the to recognize Elizabeth Tran for exemplary vol- When she saw injustice or a story that needed rank of Eagle Scout. unteer service. Elizabeth, age 17, of Orlando, to be heard, she was there reporting on it— Throughout the history of the Boy Scouts of has been named one of the top honorees in first at the 6 p.m. and 11 p.m. segments, and America, the rank of Eagle Scout has only Florida by the 2012 Prudential Spirit of Com- later at 4 p.m. Her hard-hitting investigative been attained through dedication to concepts munity Awards program, an annual honor con- journalism cuts at all different issues. In 1992 such as honor, duty, country and charity. By ferred on the most impressive student volun- she spoke out on behalf of women and girls applying these concepts to daily life, Joshua teers in each State and the District of Colum- in Georgia when she found out that the Geor- has proven his true and complete under- bia. gia High School Association’s all-male execu- standing of their meanings, and thereby de- Elizabeth is a junior at Cypress Creek High tive committee did not have a state-wide com- serves this honor. School and has raised more than $20,000 to petition for girls’ soccer or cheerleading. She I offer my congratulations on a job well done support the Children’s Miracle Network in the was awarded the Women’s Sports Journalism and best wishes for the future. first two years of the ‘‘Miss Miracle’’ charity Award for Local Television Reporting from the f pageant, an annual event that she created. Women’s Sports Foundation and Miller Lite for The ‘‘Miss Miracle’’ pageant is conducted in her report. HONORING THE SERVICE OF cooperation with Teens Go Green, an organi- Monica has been honored for bringing atten- SENATOR BARBARA MIKULSKI zation co-founded by Elizabeth and dedicated tion to a wide range of issues—from the ‘‘HOT to raising public awareness for protecting the FLASH! The Truth about Menopause’’ docu- HON. CHAKA FATTAH environment. All ‘‘Miss Miracle’’ contestants mentary that won local and national awards in OF PENNSYLVANIA raise money to support the organization, and 1994 to the ‘‘Prejudice and Hate: Georgians IN THE HOUSE OF REPRESENTATIVES and the Holocaust’’ documentary that led her those contestants who raise the most are Wednesday, March 21, 2012 crowned ‘‘Miss Miracle.’’ to win the Georgia Commission on the Holo- The Prudential Spirit of Community Award caust’s Humanitarian Award in 1977. Her Mr. FATTAH. Mr. Speaker, I rise today to was created in 1995 by Prudential Financial in sense of civic duty, compassion and curiosity pay tribute to an accomplished and distin- partnership with the National Association of has distinguished her from her peers, winning guished member of the United States Senate Secondary School Principals to encourage an Emmy Award for Best Feature Program— who is achieving a milestone worthy of rec- youth volunteers in their contributions to soci- ‘‘Monica Kaufman Closeups,’’ the National ognition in this body. ety, to emphasize the value of volunteerism, Foundation for Women Legislators’ ‘‘Media Ex- Senator BARBARA MIKULSKI is the longest- and to inspire other young people to follow cellence Award’’ and the Georgia Commission serving woman in congressional history. Be- their example. Over the past 17 years, the of Women’s ‘‘2004 Georgia Woman of the fore being sworn into the Senate in 1986, program has become the Nation’s largest Year.’’ Senator MIKULSKI served in this chamber for youth recognition effort based solely on com- While devoting her life to journalism, she five terms. She has now served the people of munity service, and has involved more than has also deeply involved herself in the com- Maryland for more than 35 years. 100,000 young volunteers at the local, State, munity. She remains a passionate supporter of Senator MIKULSKI is the daughter of Polish and national level. the Metropolitan United Way, the organization American small-business owners, who taught It is my pleasure to commend Elizabeth for that helped her move beyond her poor back- her the meaning of hard work. She attended her energy and initiative in seeking to make ground to become an award-winning news- Mount Saint Agnes College and the University

VerDate Mar 15 2010 05:56 Mar 22, 2012 Jkt 019060 PO 00000 Frm 00007 Fmt 0626 Sfmt 9920 E:\CR\FM\A21MR8.017 E21MRPT1 tjames on DSK6SPTVN1PROD with REMARKS E406 CONGRESSIONAL RECORD — Extensions of Remarks March 21, 2012 of Maryland, where she earned a degree in said. ‘‘It’s really a special group.’’ She also TRIBUTE TO THE ‘‘WELCOME Social Work. The inequities she observed dur- pointed to assistant coaches Sheila Roux, HOME’’ VIETNAM VETERANS ing those years are what drove her to become Danielle Santos, and Ryan Bragdon for their CELEBRATION a voice for her community. An activist, she or- contributions. ‘‘My staff works really hard. ganized community members to stand up They are very driven,’’ said Glance. ‘‘They are HON. CHARLES A. GONZALEZ against a local plan to build a 16-lane highway people who want to be their best. This is not OF TEXAS through neighborhoods in Baltimore, indeed some kind of individual award. It’s about the IN THE HOUSE OF REPRESENTATIVES she was successful. Wednesday, March 21, 2012 Her career as a government leader began in whole program.’’ 1971, when she was elected a member of Bal- I would like to congratulate Stephanie Mr. GONZALEZ. Mr. Speaker, I ask my col- timore’s City Council. Prior to becoming the Glance on a great year at the helm of the leagues to join me in paying tribute to the valiant service of Vietnam War and Vietnam-Era first Democratic woman sworn into the Senate Redbirds. The players and their families, as Veterans who are being honored at the ‘‘Wel- in 1986, she served ten years as a Represent- well as Redbird fans and the entire Illinois ative of Maryland’s 3rd Congressional District. come Home’’ Vietnam Veterans Celebration in State University community are extremely San Antonio, Texas. Without a doubt, Senator MIKULSKI’s admi- proud of her accomplishments and contribu- This celebration is an important opportunity rable leadership trajectory is reflected through tions. to thank the veterans of the Vietnam War and the varied roles she has held in Congress. provide them with the welcoming that many She has advanced initiatives involving wom- f did not receive at the completion of their noble en’s reproductive rights and women’s health service to our country. It is important and fit- issues. She is currently a senior member of HONORING THE OUTSTANDING ting that our nation recognizes the brave serv- the Health, Education, Labor and Pensions PUBLIC SERVICE CONTRIBU- ice men and women who made profound sac- Committee and Chairwoman of the Sub- TIONS OF LONGTIME JOHNS- rifices in the Vietnam War including the more committee on Children and Families. She is TOWN, PA ADMINISTRATOR JIM than 58,000 Americans who lost their lives also a senior member of the Senate Appro- WHITE and the more than 300,000 who were wound- priations Committee and Chairwoman of the ed during the Vietnam War. Commerce, Justice, and Science Sub- The celebration is to be held on March 30, committee. In my work as the House CJS HON. MARK S. CRITZ 2012 commemorating the historic withdrawal Subcommittee’s leading Democrat, I have of United States troops from Vietnam on been grateful for the partnership of my com- OF PENNSYLVANIA March 30, 1973. The celebration will recognize panion in the other chamber. IN THE HOUSE OF REPRESENTATIVES veterans in attendance with a presentation of Senator MIKULSKI is a pioneer who has the colors and full military honors. paved the way for many women. Throughout Wednesday, March 21, 2012 Throughout American history, our brave her career she has served as a mentor for men and women have answered the call to women in congressional leadership and con- Mr. CRITZ. Mr. Speaker, I rise to honor Jim protect and defend our democracy. And while tinues to create partnerships to focus the spot- White, a true champion of the people and our nation may be divided on other issues, we light on women. small businesses of Johnstown, PA. Next must always stand together in honoring the Her contributions go beyond the walls of month, Jim will retire from his post as service and valor of our veterans. I would Congress and she continues to be an integral Johnstown’s Director of Community and Eco- again ask you to join me in recognizing this part of her community, greeting constituents nomic Development. In this capacity, he man- celebration for those who honorably served and lending a hand to empower and help ages millions of dollars in federal subsidies and sacrificed for our country. make a difference. She continues to fight to supporting homeowner assistance, street pav- f give Maryland the resources necessary to ing and annual demolitions, and oversees the HONORING EDWARD ‘‘DUANE’’ compete in a global economy. city’s planning, zoning, code enforcement and CANTRELL AND HIS DAUGHTERS I invite my colleagues to join me in honoring economic development efforts. ISABELLA AND NATALIA this notable woman who is making history and extend our gratitude for her service and wish Jim became Johnstown’s Economic Devel- the senior Senator from the State of Maryland opment Coordinator in March of 1998. Since HON. MIKE McINTYRE good health and good times. then, he has helped to revitalize the city’s OF NORTH CAROLINA IN THE HOUSE OF REPRESENTATIVES f downtown storefronts and improve the city’s infrastructure by stimulating investment in Wednesday, March 21, 2012 STEPHANIE GLANCE NAMED MVC Mr. MCINTYRE. Mr. Speaker, I rise today in COACH OF THE YEAR neighborhood businesses and cultivating strong relationships with local entrepreneurs. honor, at the laying to rest of Special Forces Edward ‘‘Duane’’ Cantrell and his two lovely HON. TIMOTHY V. JOHNSON Thanks to Jim’s outstanding leadership, the American promise of opportunity is alive and daughters Isabella and Natalia, who were 6 OF ILLINOIS and 4 years old, respectively, at Arlington Na- well for all those who live and work in Johns- IN THE HOUSE OF REPRESENTATIVES tional Cemetery. Duane was, and will always town. Wednesday, March 21, 2012 be an American Hero, serving 7 tours in Iraq Jim is the sort of visionary leader our cities and Afghanistan before perishing with his two Mr. JOHNSON of Illinois. Mr. Speaker, I rise need more of. No matter how much he has daughters in a house fire in North Carolina. today to honor Stephanie Glance, Illinois State accomplished for the city of Johnstown, he He was a wonderful farther and husband. Our University’s women’s basketball coach, for has never stopped seeing it for what it could hearts wave heavy for him and his family, and being named the 2012 Coach of the Year in especially for his wife Louise who has lost the the Missouri Valley Conference. Glance guid- be, rather than for what it is. In 2009, Jim played a key role in formulating a master plan three greatest loves of her life and his son ed ISU to an 18–12 record in advance of their Kenny from his first marriage. Our prayers lie for the future of the city. Not even three years appearance in the Women’s National Invitation with this great American family on this day. Tournament on March 15th. She is in her sec- later, officials have already begun to imple- Fortunately, Duane got a chance to come on ond year as head coach of the Redbirds, after ment several of the projects this document a wounded warrior tour a few months before 15 seasons as an assistant at North Carolina proposed, including a plan to comprehensively his death, and raved to his family and had State and one at Tennessee. improve access to Main Street, one of the planned to come back with the rest of his fam- The ISU women’s team finished second in city’s main thoroughfares. ily. He got to see this great Temple of Free- the regular season this year after returning Mr. Speaker, on behalf of a grateful commu- dom that him and his brothers had fought and just one of its top six scorers and landing sixth nity, I want to wish Jim the best of luck as he died for. I ask that this poem penned in their in the MVC preseason poll. Glance was honor by Albert Caswell be placed in the prepares to begin a new chapter in his life. named Maggie Dixon Division I Rookie Coach RECORD. Having worked with him for over a decade, I of the Year in 2011. Our Faith This Day Glance credited her players for being eager know that his strong leadership skills and eter- Our . . . to learn and improve. ‘‘They respond so posi- nal optimism will serve him well in whatever Our Faith This Day . . . tively to anything you talk to them about,’’ she he chooses to do next. Somehow!

VerDate Mar 15 2010 05:56 Mar 22, 2012 Jkt 019060 PO 00000 Frm 00008 Fmt 0626 Sfmt 0634 E:\CR\FM\K21MR8.010 E21MRPT1 tjames on DSK6SPTVN1PROD with REMARKS March 21, 2012 CONGRESSIONAL RECORD — Extensions of Remarks E407 Some way! And now as we lay them down to sleep! support the legislation because, at the same Must show us all the way! Daddy, and his little girls all in our souls we time that it seeks to help small businesses, it And as we lay your fine bodies down to sleep! will so keep! takes away critical protections for investors. So very deep . . . As all in our hearts of love, now so buried so In the wake of the Enron scandal, Congress So down to rest, we pray to our Lord God to very deep! all of these to bless . . . As on this day, because of all of this heart- acted to improve corporate transparency and Let now our courage somehow crest . . . ache we now so weep! give potential investors—particularly small in- Give us the strength, to but so take just one And for them, and us . . . Our Faith This vestors—access to the information they need more step! Day, we all shall keep! Amen! to make sound financial decisions. H.R. 3606 All in our faith this day . . . In loving memory of CW2 Edward ‘‘Duane’’ eliminates many of those provisions and, by All in our gravest of all pain, so very deep! Cantrell, Isabella, and Natalia doing so, leaves unsophisticated investors vul- For one of America’s very best, and his most —by Albert Caswell beloved daughters oh so very sweet! nerable. We can and should promote the inter- As upon all of our faces our most swollen f ests of American entrepreneurs and small business owners without taking away recently tears, we now so weep! FOURTH ANNUAL NATIONAL ASSO- Our faith this day . . . passed rights for small investors. It is the CIATION OF CHAIN DRUG Must somehow, show us all the way! wrong medicine for American small business STORES RxIMPACT DAY ON CAP- From such heartache, and such death! growth. The way to hope and faith, so to our hearts ITOL HILL The bill would give new companies up to to bless! five years to raise money from the public, The same kind of faith that which so led, this fine hero off towards death! HON. LEE TERRY eliminating the current requirements that an Who so left his greatest loves of all, OF NEBRASKA assessment of the soundness of the com- to go off to war, to so answer that most IN THE HOUSE OF REPRESENTATIVES pany’s internal controls be included as part of noble of all calls! Wednesday, March 21, 2012 the financial statement audit and made avail- That call to faith and honor, and so death, able to investors. That allows companies to that which so stands above all else, no less! Mr. TERRY. Mr. Speaker, this week is the raise money from unsophisticated investors Armed, but with only his fine faith . . . Fourth Annual National Association of Chain without reasonable oversight of a company’s which so let him march off to war, him so Drug Stores RxIMPACT Day on Capitol Hill, operations. led! where we recognize the pharmacy’s contribu- As he walked through that valley of death, It would enable crowd-funding, mass solici- as his loved ones at home cried and prayed! tion to the health care system. Hundreds of tations to investors who will now lack basic in- As a most magnificent member of The Spe- representatives from the pharmacy commu- formation about a company’s financial sound- cial Forces yet . . . nity—including practicing pharmacists, phar- ness, a practice that is not currently allowed. 7 tours no less! macy school faculty and students, state phar- H.R. 3606 would increase the amount of As Freedom Fighter, was but his most heroic macy leaders, and pharmacy company execu- capital that companies can raise from the pub- course so stepped! tives—will visit Capitol Hill to share their views lic without triggering the full reporting and And came back home to such a wonderful about the importance of supporting legislation family . . . other obligations that are required under cur- a wife and two beautiful little daughters, to that protects access to neighborhood phar- rent law. That reporting includes compensa- be so blessed! macies and utilizes pharmacists to improve tion—including golden parachute compensa- Oh it’s not fair, please Lord God but hear our the quality of care and reduce the cost of tion—of executives, making it incredibly dif- prayers! health care. ficult for even sophisticated shareholders to How much more pain, can but one family so Pharmacists are the nation’s most acces- understand the status of their investment. In bear? sible healthcare providers, and are important addition, it eliminates the Dodd-Frank require- Let somehow this pain give way from providers in communities across America. ment that shareholders approve compensation here . . . Pharmacists serve an important role in our But, some answers to some questions can packages for emerging growth companies. only be found but in our faith! health care system as they help improve qual- The JOBS Act would promote uncertainty, So listen closely on the wind . . . ity and lower health care costs. For over a undermine capital markets, and therefore in- Can you but not so hear our Lord from up century, they have made a difference in the crease the cost of capital for the same small above so then . . . lives of my fellow citizens in Nebraska, as well businesses it is meant to help. It would put us As when there comes a gentle rain, as Americans throughout the nation. on a return course toward laissez-faire eco- all in your heartache, all in his love to so Pharmacists received specialized edu- nomics that previously led to the collapse of ease your pain . . . cational training that allows them to play a And you his lovely wife, must somehow let enormous companies to the economic ruin of your soul burn bright . . . major role in our health care system. These their employees and investors. It is for these And for you and them somehow so carry on important services include medication therapy reasons that H.R. 3606 is opposed by the this night! management, disease state management, im- Council of Institutional Investors, the Con- And sometime into the future start a new munizations, and healthcare screenings. Phar- sumer Federation of America, AARP, Ameri- life! macists are also uniquely qualified to educate cans for Financial Reform, the North American And you his son, as thy will be done! and help patients manage their medications, Security Administrators Association, and other Will grow up to be, such a fine man as he . . . which is extremely important to helping keep For you have his heart you indeed! consumer and investor organizations. In you, him we will always see! our population healthy and control costs. I urge my colleagues in the Senate to con- For this you must believe! On this day, I hope you will join me in cele- sider the ramifications of this legislation if it For a child not to live its full life! brating the value of pharmacy and support ef- comes up for consideration. Is but the greatest of all curses, that which forts to protect access to neighborhood phar- f does not seem right! macies. But, take comfort on this night! f HONORING REV. DR. CARL QUE For these children lie in our Lord’s arms, HICKERSON with smiles so very bright! IN OPPOSITION OF H.R. 3606—THE For Heaven, don’t we all pray for such the JUMPSTART OUR BUSINESS HON. DAVID G. REICHERT sight? STARTUPS ACT So hush little babies, and don’t you cry . . . OF WASHINGTON For you are up with our Lord on high! IN THE HOUSE OF REPRESENTATIVES And your Father is right there, all by your HON. JANICE D. SCHAKOWSKY Wednesday, March 21, 2012 side . . . OF ILLINOIS In The Army of our Lord, this very night! IN THE HOUSE OF REPRESENTATIVES Mr. REICHERT. Mr. Speaker, I rise today to And one day too, thank our guest chaplain, Rev. Dr. Carl Que your Mother and your Grandparents . . . Wednesday, March 21, 2012 Hickerson for dedicating his life to the faith My children, will so rise all to meet you! Ms. SCHAKOWSKY. Mr. Speaker, on and to his community. As they wipe those tears from their eyes . . . All because of their faith this day, so very March 8, I voted against H.R. 3606, the Rev. Hickerson has been preaching the deep down inside . . . Jumpstart Our Business Startups Act. H.R. word of God his entire life and has made it his Our faith this day! 3606 has the admirable goal of increasing ac- goal to share his passion with others. Is but the only way . . . cess to capital for small businesses, a goal Rev. Hickerson grew up in a religious To Heaven we shall all so rise! that I strongly support. Unfortunately, I cannot household where he received guidance from

VerDate Mar 15 2010 05:56 Mar 22, 2012 Jkt 019060 PO 00000 Frm 00009 Fmt 0626 Sfmt 9920 E:\CR\FM\A21MR8.020 E21MRPT1 tjames on DSK6SPTVN1PROD with REMARKS E408 CONGRESSIONAL RECORD — Extensions of Remarks March 21, 2012 his father, Rev. Dr. Willis M. Hickerson and tions, and steel structures. During times of Lamb was a young naval officer in the was called to become a preacher at a young great hardship, Americans have routinely 1960s who used to slip over to the Capitol age. made a determined effort to move forward. from the Washington Navy Yard to watch Through his ministry, he has many accom- floor debates in the House and Senate. He So, to all those that have been affected by this later served as a telecommunications staffer plishments. The Reverend helped revitalize tragedy: victims, rescuers, and volunteers in the Johnson and Nixon administrations the youth ministry of his home church in Penn- alike, may God bless you all. and as a press secretary for Colorado Sen. sylvania, significantly increased church mem- f Peter Dominick (R). bership wherever he has served, established As the Washington bureau chief of the various mission ministries and invigorated the ON THE RETIREMENT OF C–SPAN cable TV trade magazine Cablevision in the commitment to God in every community he FOUNDER AND CEO BRIAN LAMB 1970s, Lamb cooked up the idea for a network has served. that would cover, with utter dispassion, the HON. FRANK R. WOLF congressional debates that he’d witnessed Chaplain Hickerson is a proud husband of during his Navy days. Lamb rustled up the OF VIRGINIA Mrs. Hickerson, where they live a happy life money from some public relations–conscious raising their daughter, Octavia Belle. He has IN THE HOUSE OF REPRESENTATIVES cable barons and set about convincing the learned, served, preached and taught nation- Wednesday, March 21, 2012 House to let TV cameras onto the floor. ally and internationally and is currently the C–SPAN, which stands for Cable Satellite Mr. WOLF. Mr. Speaker, I rise today to rec- seventh pastor of the historic Springfield Bap- Public Affairs Network, was among the first ognize and honor Brian Lamb, the founder tist Church of Washington, DC. nationally distributed cable channels, fol- and CEO of C–SPAN, who recently an- On behalf of Washington’s Eighth Congres- lowing after the debut of HBO, Showtime, nounced his decision to retire. Pat Robertson’s CBN Network, and WTBS, sional District, it is my pleasure to introduce Mr. Lamb founded the non-profit educational Ted Turner’s ‘‘super station.’’ It is now com- our Guest Chaplain for today, Rev. Dr. Carl network 34 years ago and since then has posed of three networks, plus a Washington Que Hickerson. worked tirelessly to bring live coverage of gov- radio station (WCSP, 90.1 FM), and a massive f ernment and politics to the American people. and historically rich video archive of congressional sessions, hearings, speeches, cam- RECOGNIZING THE VICTIMS AND Before Mr. Lamb created C–SPAN, most paign rallies, think–tank conferences, author TRAGEDY CAUSED BY RECENT Americans had to rely exclusively on news re- interviews and what–haveyous from C–SPAN STORMS ports about what their representatives said over the years. and did in Washington. Because of his vision, Lamb holds the distinction of being the millions of Americans everyday can see and only one of those early network founders not HON. TIMOTHY V. JOHNSON hear government in action for themselves. I to become a billionaire from his creation. On OF ILLINOIS have had the privilege of working with Mr. the other hand, he says, ‘‘I never wanted to IN THE HOUSE OF REPRESENTATIVES Lamb over the years and I am a proud sup- be rich. I wasn’t the slightest bit interested in that.’’ Wednesday, March 21, 2012 porter of his efforts to make government trans- He had to settle instead for helping to rev- Mr. JOHNSON of Illinois. Mr. Speaker, I rise parent and accessible. olutionize the political culture of Wash- today in solemn recognition of a tragedy that I commend Mr. Lamb for his vision, humility ington. What MTV did for popular music— took place in my home State of Illinois and and his commitment to educating Americans that is, helped make it theatrical and vis- throughout the Midwest last week. On Feb- about history and the government. I wish him ual—C–SPAN did for Congress and the wonks who follow it. ruary 29th, storms ravaged homes and busi- all the best in his future career endeavors. I commend the following article to my col- C–SPAN’s gavel–to–gavel coverage of the nesses leaving 39 people dead due to the se- House changed the spontaneous, free- vere weather that swept through the middle of leagues. wheeling debates on the floor into more the country. C–SPAN FOUNDER LAMB STEPS DOWN AFTER scripted and polished speeches played for the I offer my condolences to the families who 34 YEARS TV cameras, said Charles Johnson, a former have lost loved ones in this tragedy. I know (By Paul Farhi) House parliamentarian. Members became that my words offer little in the way of comfort, Want to know just how purposefully un- conscious that their words weren’t just going into the Congressional Record; they now had but I must offer them, for the families that glamorous and resolutely non-partisan is C– SPAN, the pioneering public-affairs TV net- an audience at home, leading to charts and have been affected are in my thoughts and work founded by Brian Lamb in 1978? props and camera–friendly displays that prayers. The lives taken in these recent Consider this: In countless appearances hadn’t existed before. events are truly a misfortune to behold. I spanning thousands of hours of interviews It also led to an increase in grandstanding. mourn the lives lost and feel heartfelt sorrow and call-in programs, Lamb has never once In 1984, the fiery, after–hours speeches of a for the families that have been denied future uttered his own name on the air. Too showy. young Republican backbencher named Newt time with their loved ones. I ask my country- Too much like regular TV, which is what Gingrich (R–Ga.) so angered House Speaker men for their assistance to help alleviate the Lamb, a stolid Hoosier, has always sought to Tip O’Neill (D–Mass.) that he ordered the avoid. House cameras (then as now under House anguish of the victims of this disaster, either ‘‘No one does that here,’’ he protested on control) to pan the empty chamber in an ef- through volunteering or by being there for your Monday. ‘‘We just don’t do it. It’s always fort to embarrass Gingrich. neighbor in their time of need. been part of our mission not to make us the Nevertheless, after disdaining to follow the While it is difficult to find positives amidst center of attention . . .. We’re the antithesis House for more than six years, the Senate fi- such a catastrophe, upon further examination, of everything you see on commercial tele- nally relented and let C–SPAN carry its pro- admiration and honor should be recognized. vision.’’ ceedings live in 1986. As we can see across the country, there are So Lamb, typically, also wasn’t making a Having the cameras on hand ‘‘changed the big deal about the news C–SPAN buried in quality of the oratory,’’ said Johnson, avoid- stories of courage, generosity, selflessness, the second paragraph of a news announce- ing direct judgment on whether it did so in and kindness. These acts deserve our praise. ment it issued in the dead of Sunday a good or bad way. At this moment, there are people volunteering evening: that after 34 years as C–SPAN chief Lamb says he doesn’t care either way: ‘‘If to help rebuild communities that have been executive, he’s stepping down from running there’s a public meeting, there ought to be damaged and destroyed. Such communities the Washington-based operation he con- cameras there,’’ he says. ‘‘Those meetings are a representation of a cause greater than ceived and built. are paid for by we, the taxpayers. People one’s self. By helping to rebuild a neighbor- Lamb, 70, isn’t fading away entirely. He’ll should be able to see what [the elected officials] look like, what the buildings look like, hood people are demonstrating their belief in continue as executive chairman of the nonprofit organization and as host of ‘‘Q & A,’’ what language they’re using.’’ an altruistic form of living. I offer my admira- his Sunday interview program. He also plans Through all those decades, Lamb has been tion to the volunteers’ courage and sacrifices to continue teaching, primarily at Purdue the continuous thread: unflashy, made in the face of extreme adversity. I thank University, his alma mater. unemotional, ‘‘a video Buddha, television’s the Red Cross, the Salvation Army, Team Ru- But he’s handing over day–to–day oper- most stationary being,’’ in the words of one bicon, and other organizations for their efforts ations to two successors–in–waiting: current magazine writer. In 23 years of hosting during this crisis. Their support has proven to co–presidents Rob Kennedy, 55, and Susan ‘‘Booknotes,’’ his author–interview show, for me that these storms may destroy homes, Swain, 57, both longtime C–SPAN hands. example, he notes that he never missed a sin- ‘‘This has been something I’ve wanted to gle Sunday night, for 52 weeks every year. In level businesses, and take valuable lives in do for a while,’’ Lamb said. ‘‘I wanted an or- total, he’s logged more hours on national TV the process, but they cannot destroy the derly transition when everyone was ambula- than perhaps any person in America. human spirit. One person’s willpower is tory and standing up, with some thought be- He’s not bragging about that, of course. Or stronger than wooden buildings, brick founda- hind it.’’ much else.

VerDate Mar 15 2010 05:56 Mar 22, 2012 Jkt 019060 PO 00000 Frm 00010 Fmt 0626 Sfmt 0634 E:\CR\FM\A21MR8.023 E21MRPT1 tjames on DSK6SPTVN1PROD with REMARKS March 21, 2012 CONGRESSIONAL RECORD — Extensions of Remarks E409 ‘‘I never thought the person on top here PERSONAL EXPLANATION Jerry Tan has declared, as he did this past mattered all that much, except to keep the January keynoting the Saipan Chamber of rhythm of the place going,’’ he said. ‘‘We’ve HON. PETE SESSIONS Commerce’s annual gala, his company’s cam- established a good transition. I don’t think paign to ‘‘Believe in CNMI,’’ and backed up my departure will be more than a blip on the OF TEXAS that declaration by confirming that Tan Hold- radar screen.’’ IN THE HOUSE OF REPRESENTATIVES ings would soon be launching a new airline. Wednesday, March 21, 2012 Saipan Air will initially bring tourists from f Mr. SESSIONS. Mr. Speaker, on rollcall No. Japan and China to the Mariana Islands, but HONORING ROHAIL DADWANI 115, had I been present, I would have voted no doubt with Tan Holding’s business acumen, ‘‘nay.’’ the airline will soon be a force throughout the Asia-Pacific Region. Tan Holdings is no HON. PETE OLSON f stranger to the airline industry. In 1991, the OF TEXAS OUR UNCONSCIONABLE NATIONAL company established POI Aviation to provide IN THE HOUSE OF REPRESENTATIVES DEBT ground-handling services for Northwest Air- lines, Asiana Airlines, United Airlines, Korean Wednesday, March 21, 2012 Air, and other private airlines. And in 1999, the Mr. OLSON. Mr. Speaker, I am privileged to HON. MIKE COFFMAN company began operating Asia Pacific Air- interact with some of the brightest students in OF COLORADO lines, which provides air cargo services to the the 22nd Congressional District who serve on IN THE HOUSE OF REPRESENTATIVES region’s tuna fishing industry. my Congressional Youth Advisory Council. I Wednesday, March 21, 2012 Nor is Tan Holdings limited to tourists and have gained much by listening to the high airplanes. Through its subsidiary Century In- school students who are the future of this Mr. COFFMAN of Colorado. Mr. Speaker, surance Groups the company is the number great Nation. They provide important insight when George W. Bush was inaugurated, the one property and casualty underwriter in the into the concerns of our younger constituents national debt was $5,727,776,738,304.64. Marianas. Tan Holding’s Realty Management and hopefully get a better sense of the impor- When Barack Obama was inaugurated, the Services owns and operates approximately tance of being an active participant in the po- national debt was $10,626,877,048,913.08. 150 residential apartment units on the island litical process. Many of the students have writ- This was a $4,899,100,310,608.44 increase in of Saipan. And Tan Holdings developed one ten short essays on a variety of topics and I 8 years. Today, the debt is of the preeminent buildings in our islands: TSL am pleased to share these with my House col- $15,583,383,846,149.34, which means that Plaza, which is a flagship for their commercial leagues. President Obama has raised the debt more in real estate holdings in Micronesia. just over 3 years than President Bush did in The Tan portfolio includes Cosmos Distrib- Rohail Dadwani is a senior at Clements 8 years. uting and Dickerson & Quinn International Dis- High School in Fort Bend County, Texas. His This is debt our nation, our economy, and tributors, bringing some of the world’s best- essay topic is: In your opinion, what role our children could have avoided with a bal- known consumer brands to island businesses should government play in our lives? anced budget amendment. and residents, names such as Procter & Gam- Government is crucial in our lives. With- f ble, Campbell’s, Gillette, Nabisco, Cadbury, out government, we would all be barbarically and General Mills. In Guam the public benefits fighting for the limited amount of resources HONORING THE 40TH ANNIVER- from the company’s investment in Tango The- we have available. Government helps our society function the way it is, but just like SARY OF TAN HOLDINGS COR- aters, which provide world-class movie viewing anything else, too much of a good thing can PORATION at seventeen screens in the Micronesia Mall be bad. Therefore, government intervention and Agana Shopping Center. And in Saipan should be limited on our lives. Too much HON. GREGORIO KILILI CAMACHO the community gets its daily news from the government control can lead to dictatorships Saipan Tribune, which has been a trusted out- or the government playing a ‘‘Big Brother’’ SABLAN let of information since 1993. kind of role. This ‘‘Big Brother’’ type of rule OF THE NORTHERN MARIANA ISLANDS One of the greatest contributions of the Tan would be bad in the long run because the IN THE HOUSE OF REPRESENTATIVES family and Tan Holdings to our community, people would lose faith in the government, so Wednesday, March 21, 2012 however, has been the establishment of the the citizens would try to find any way they Tan Siu Lin Foundation. Although the Tan can to overthrow the government. Govern- Mr. SABLAN. Mr. Speaker, forty years family has been generous to the island comment’s role should be to help society but ago—on July 24, 1972—Tan Siu Lin, arrived within its boundaries set by society. Cross- munity throughout all of Tan Holdings’ 40 ing these boundaries can lead to too much in Guam from Hong Kong with a young family, years, the formal establishment of the Tan Siu government intervention in our society. I one cargo ship, and plenty of ambition. He Lin Foundation in 2009, heralded a new begin- think the boundary that the government began buying surplus materials from the mili- ning in regional philanthropy. The TSL Foun- should never cross would be the boundary of tary in Guam and shipping those goods dation has donated millions of dollars to de- the government tracking your every move around the Western Pacific while distributing serving, nonprofit, educational, athletic, and and everything you do. The government’s American movies, an especially prized com- community ventures in our islands. Guided by main role should be to lay down the expecta- modity, to the islands. its motto of ‘‘iServe. iGive back.’’ the Founda- tions, make laws that people should follow, Over the years, Doctor Tan, along with his tion has not only donated from its corporate help society when needed, but don’t interfere proceeds, but has also encouraged philan- in society so much that it makes the people wife Lam Pek Kim, and their children, Henry, dependent on the government to run effec- Willie, Lilly, Raymond, Jerry, and Sunny, nur- thropy at the grass-roots level—through its tively. The government’s role is important tured their small, homegrown enterprise into employees. The social responsibility practiced to how this society functions. Therefore, the the 40,000-employee, international power- and taught by the TSL Foundation will be as government needs to let society work in a house of affiliated companies that it is today. enduring in our islands as any of the Tan way so that it isn’t making the society com- From tourism, to insurance, logistics, informa- Holdings businesses. pletely dependent on them. Every individual tion, and entertainment, Tan Holdings is vital Please join me in congratulating Dr. Tan Siu should be able to speak their mind, without to the economies and communities of the is- Lin, and his family, for their 40 years of con- control, to promote new ideas that better so- tribution to the commerce, economy, and liv- ciety. That can only happen with a limited land Pacific. The Tan family has not only brought em- ability of the Northern Mariana Islands and all government role, to make society work on of Micronesia. its own. The government should do nothing ployment and economic opportunity to our is- except give a little push to society every now lands, they have brought our islands to the f and then to keep it running. With this, the world. Tan Holdings is our region’s premier PERSONAL EXPLANATION government isn’t running our everyday lives exporter of tourism and importer of tourists. but just helping us to be able to run it our- Starting with Century Travel Agency in 1992, selves. We should all follow the government’s then with the addition of the Fiesta Resort and HON. BARBARA LEE laws but, at the same time, be able to have OF CALIFORNIA Spa Saipan, the Fiesta Resort and Spa Guam, a mind of our own. To conclude, the govern- IN THE HOUSE OF REPRESENTATIVES and the Saipan Grand Hotel, the Tans have ment shouldn’t play a huge role in our every Wednesday, March 21, 2012 day lives, rather a limited one, so we can be contributed significantly to the islands’ eco- more effective on our own and be able to nomic mainstay of tourism. Even when times Ms. LEE of California. Mr. Speaker, I was think for ourselves. have been difficult, Tan Holdings President not present for rollcall vote 112–117. Had I

VerDate Mar 15 2010 05:56 Mar 22, 2012 Jkt 019060 PO 00000 Frm 00011 Fmt 0626 Sfmt 9920 E:\CR\FM\A21MR8.025 E21MRPT1 tjames on DSK6SPTVN1PROD with REMARKS E410 CONGRESSIONAL RECORD — Extensions of Remarks March 21, 2012 been present, I would have voted ‘‘no’’ on Palm Beach County. Judge Smith lived in a in 1961 as Salutatorian of Howard High #112, ‘‘no’’ on #113, ‘‘yes’’ on #114, ‘‘yes’’ on time where there were many barriers to social School. #115, ‘‘yes’’ on #116 and ‘‘no’’ on #117. mobility for those of color. Institutionalized dis- She went on to attend Allen University in f crimination prevented many African Americans Columbia, South Carolina, and graduated with in this country from reaching their potential, honors in 1965, with a degree in Chemistry HONORING THE LIFE OF VIRGIL but my dear friend Judge Smith possessed and Mathematics. It was there that she met WIKOFF skills and abilities that could not be sup- her husband, and my cousin, William ‘‘Bill’’ pressed and that he used to fight for the civil Clyburn. In 1978, Beverly earned a Masters HON. TIMOTHY V. JOHNSON rights of others. Degree in Secondary Guidance from the Uni- OF ILLINOIS As the third African American lawyer in versity of South Carolina. Beverly’s first love is education, and she IN THE HOUSE OF REPRESENTATIVES Palm Beach County, Judge Smith was well aware of the injustices occurring in his com- spent 42 years as an educator in both Aiken Wednesday, March 21, 2012 munity. He became a champion of civil rights and Allendale counties. She served as a guid- Mr. JOHNSON of Illinois. Mr. Speaker, I rise and was a voice for those who were treated ance counselor at Midland Valley High School today to honor of the life of Virgil Wikoff. as second class citizens based on the color of and guidance director at South Aiken High The Champaign-Urbana community grieves their skin. Judge Smith and his partner William School, a position she retired from in 1999. Following retirement she was drawn back into at the loss of Virgil Wikoff. This former Cham- Holland orchestrated the movement to deseg- education to help improve the Allendale Coun- paign mayor and State Representative was a regate Palm Beach County’s public schools ty schools after a State take-over. Today she rock of strength and stability through some of after the Supreme Court’s ruling of ‘‘separate continues to work in education at the Aiken the most tumultuous times in local history. Vir- but equal’’ being unconstitutional was largely Performing Arts Academy as a part-time as- gil Wikoff saw us through those times with ignored throughout the county. In his own courage and a steadfast temperament. sistant director and guidance counselor. words, Judge Smith wisely stated that: ‘‘Noth- In 1988, Beverly was urged by members of His passing follows in far too short an order ing separate can ever be equal’’—a sentiment the community to run for Aiken City Council. the passing of former Champaign Mayor Bill that I strongly agree with. In addition to his She took on the challenge, and won the Dis- Bland, and former Urbana Mayors Jeff Mark- quest for equal access to public education, trict 1 seat. She is known for her thorough- land and Hiram Paley. I served with Mayors Judge Smith and Mr. Holland fought together ness on council, diligently studying every issue Markland and Paley on the Urbana City Coun- to integrate the West Palm Beach municipal and visiting the sites that would be impacted cil, and with Mayor Wikoff in the General As- golf course and to eliminate separate eating before she cast her vote. sembly. The loss of these men hits close to and bathroom facilities on Florida’s turnpike. It During her tenure on council, she has par- home. One is always reminded of one’s own is hard to fathom the amount of courage re- ticipated in numerous development projects in- mortality with the loss of friends and col- quired to combat bigotry and hatred, but cluding the 10-year renewal plan for Aiken’s leagues. Judge Smith faced these challenges head-on Northside, the Crosland Park redevelopment But the losses of these individuals, each of and spent his life taking a stand against those project, the Center for African American His- them exceptional, is even more profound. who sought to keep the status quo. tory, Art and Culture, and the Aiken Visitors They represented the best of our two cities, After spending many years in a successful Center and Train Museum. She served as selfless in their public service and passionate private practice with Mr. Holland, he was ap- Mayor Pro Tem from 2002–2004, and has in executing the duties of their offices. pointed as a Palm Beach County Court judge been honored for her work in chairing the first f in 1986 by Governor Bob Graham. During his four NLC Diversity Breakfasts. She has also time on the bench, Judge Smith was known served as the chair of the Aiken County DSS HONORING THE LIFE AND LEGACY for his professionalism. After serving in this Board. OF JUDGE ISIAH COURTNEY SMITH capacity for six years, he retired at the age of In 2001, the South Carolina General Assem- 70. bly honored Beverly for her work in Aiken and HON. ALCEE L. HASTINGS Mr. Speaker, I would like to take this oppor- Allendale counties and the State of South OF FLORIDA tunity to offer my sincere condolences to all Carolina. The Greater Aiken Chamber of Com- IN THE HOUSE OF REPRESENTATIVES those who have been impacted by the loss of merce named her the 2009 Woman of the Year for her commitment to the Aiken area. Wednesday, March 21, 2012 such a great man. My thoughts are with Judge Smith’s wife Dr. Henrietta Smith, their two chil- She has also earned the honor of Woman of Mr. HASTINGS of Florida. Mr. Speaker, I dren Robin Smith and Reverend Cynthia Distinction from her church, Cumberland Afri- rise today to honor the life and legacy of an Smith Jackson, and all of their family and can Methodist Episcopal. outstanding human being. Isiah Courtney friends during this most difficult time. I was Beverly and Bill have been married for 47 Smith, a former judge, pioneer and, personal truly honored to have known Judge Smith. He years, and are the parents of three adult chil- friend of mine, passed away on February 29, was a tremendous individual whose commit- dren—William, Jr., Wilson, and Courtney. 2012 at the age of 89. ment to bettering South Florida, and working They also served as foster parents to daugh- Judge Smith, also known to many as ‘‘I.C.’’ selflessly to ensure equal rights for all Ameri- ter, Carmen. Today they have three grand- was born on September 15, 1922 in Lake cans will never be forgotten. children, and spending more time with her be- Helen, Florida. In 1940, after graduating from loved family was the impetus for her retire- f Euclid High School in Deland, he went on to ment from Aiken City Council. enroll at Florida A&M College, where I also at- TRIBUTE TO BEVERLY D. Mr. Speaker, I ask you and our colleagues tended law school. Judge Smith’s education at CLYBURN to join me in congratulating Beverly Dozier Florida A&M was interrupted by World War II, Clyburn on a job well done. She has spent her when he volunteered and was assigned to an HON. JAMES E. CLYBURN entire career in public service whether as an educator or an elected official. Her efforts intake facility near Raiford. It was at this facil- OF SOUTH CAROLINA have made Aiken County a better place, and ity where Judge Smith demonstrated his first IN THE HOUSE OF REPRESENTATIVES acts of courage by marching through a seg- she has been a positive influence on count- regated camp to inform the white officers of Wednesday, March 21, 2012 less lives along the way. I wish her all the best his resignation. A year later, Judge Smith was Mr. CLYBURN. Mr. Speaker, I rise today to in this new chapter in her life, and knowing officially drafted. After his service, Judge pay tribute to a tremendous public servant, a Beverly as I do, look forward to her continued Smith returned to his studies and graduated passionate educator, and a dear friend and work on behalf of others. with a degree in history. At this point, he had relative. Beverly Clyburn is being honored on f also met and fallen in love with Henrietta March 23, 2012 for her service on Aiken City PERSONAL EXPLANATION Mays and together they moved to New York Council. She retired in November 2011 after while Judge Smith attended Brooklyn Law 22 years of dedicated service to the City of School. They were married on January 1, Aiken. HON. ROBERT T. SCHILLING OF ILLINOIS 1949. Beverly LaVerne Dozier was born in IN THE HOUSE OF REPRESENTATIVES In 1954, Judge Smith received his law de- Georgetown, South Carolina to Maggie and gree and started a practice with his college William Dozier. She was the fifth of eight chil- Wednesday, March 21, 2012 friend William Holland. This partnership would dren and one of seven girls. From an early Mr. SCHILLING. Mr. Speaker, on Monday, be the catalyst for the civil rights movement in age, Beverly loved to learn and she graduated March 19, 2012, due to an unexpected flight

VerDate Mar 15 2010 05:56 Mar 22, 2012 Jkt 019060 PO 00000 Frm 00012 Fmt 0626 Sfmt 9920 E:\CR\FM\A21MR8.030 E21MRPT1 tjames on DSK6SPTVN1PROD with REMARKS March 21, 2012 CONGRESSIONAL RECORD — Extensions of Remarks E411 delay in Chicago, Illinois that prevented my overstepped their boundaries. I realize that PERSONAL EXPLANATION travel, I was unable to cast my vote for roll the government was doing what they think Number 111. was best for United States citizens at this Had I been present, I would have voted point in time, but I believe their actions HON. PETE SESSIONS could have been delivered in a more friendly ‘‘yea’’ on H.R. 3992 which passed by an over- OF TEXAS and informative way. whelming bipartisan vote of 371–0. I believe IN THE HOUSE OF REPRESENTATIVES by allowing our allies, such as Israel, to invest The issues with Medicaid and Medicare in businesses in the United States, we are en- have citizens of the United States dis- Wednesday, March 21, 2012 agreeing with one another. Some people be- couraging job creation and bringing more inno- lieve that Medicaid is a system that simply Mr. SESSIONS. Mr. Speaker, on rollcall No. vative ideas that will benefit all Americans. takes the money that citizens pay in taxes 117, had I been present, I would have voted Currently, citizens in 75 countries are eligi- and utilizes it to care for people with a lower ‘‘yea.’’ ble to apply for E–2 visas which are non-immi- level of income. On the other hand, the other grant visas valid for up to two years and allow people believe that Medicaid is a good cause f visa holders to oversee businesses in which and is beneficial to those who are in need. they have considerable capital invested. Prior The recent health care reform laws have HONORING LARRY SLY to 2003, countries could become eligible if been viewed by many as the government specified in trade agreements but now sepa- slowly taking control of the health care sys- rate legislation is required to add countries to tem. However, other people believe that the HON. GEORGE MILLER health care reform is beneficial and helpful the program. to the American people, including those who OF CALIFORNIA Countries eligible for E–2 visas span from could not previously afford health care. IN THE HOUSE OF REPRESENTATIVES Albania to Pakistan to the United Kingdom and in Fiscal Year 2010, more than 25,000 E– Recently, there have been many debated Wednesday, March 21, 2012 issues over whether or not the government of 2 visas were granted. Israel has a reciprocal the United States is overstepping its own program allowing United States investors the Mr. GEORGE MILLER of California. Mr. boundaries and regulations of the country. I Speaker, it is with great pleasure that I rise same ability. E–2 visas invest in our economy believe that most of the actions that I have and foster working relationships with other today to recognize and congratulate Larry Sly, discussed have been beneficial for the United Executive Director for the Food Bank of countries. Adding Israel to this list will only States citizens, with exception of the SOPA continue these efforts. and PIPA acts. Contra Costa and Solano, as he retires after Again, had my flight from Chicago to Wash- 35 years of public service. ington, DC had not been delayed, I would f A graduate of the University of California, have voted in support of H.R. 3992. Berkeley, Larry began his career as an Execu- f A TRIBUTE TO THE SOLDAN HIGH tive Director with the Food Bank of Contra SCHOOL TIGERS, WINNERS OF Costa in 1976. Starting with just two employ- HONORING SAYDI WOLLNEY THE MISSOURI CLASS 4 STATE ees, Larry brought the organization a truck TITLE FOR BASKETBALL AND and trailer, where he stored bread that he HON. PETE OLSON STATE CHAMPIONS picked up from a local grocery store. Soon, OF TEXAS people in the area from local churches began IN THE HOUSE OF REPRESENTATIVES distributing this bread to underprivileged people of the community. Wednesday, March 21, 2012 HON. WM. LACY CLAY OF MISSOURI In Larry’s first year as Executive Director of Mr. OLSON. Mr. Speaker, I am privileged to the Food Bank of Contra Costa, the organiza- interact with some of the brightest students in IN THE HOUSE OF REPRESENTATIVES tion distributed approximately 36,000 pounds the 22nd Congressional District who serve on of food to people in need of assistance in the Wednesday, March 21, 2012 my Congressional Youth Advisory Council. I local area. Eventually, the Food Bank would have gained much by listening to the high Mr. CLAY. Mr. Speaker, I rise today to pay merge with a struggling Solano County Food school students who are the future of this tribute to Missouri’s own Class 4 State Basket- Bank and develop a greater outreach program great nation. They provide important insight ball Champions, the Soldan High School Ti- within the region. Every year, with Larry’s into the concerns of our younger constituents gers. leadership, the Food Bank steadily increases and hopefully get a better sense of the impor- the number of families who received food do- tance of being an active participant in the po- Soldan High School’s convincing 55–42 vic- nations and groceries; last year they distrib- litical process. Many of the students have writ- tory over Springfield Hillcrest at the Mizzou uted over 14 million pounds of food. ten short essays on a variety of topics and I Arena in Columbia was the culmination of three years hard work and dedication, result- During his time with the Food Bank, Larry am pleased to share these with my House col- has developed successful programs to help ing in the Tiger’s first state championship in leagues. locals and agencies distribute food in a cheap- basketball in 31 years. Under the leadership of Saydi Wollney is a senior at Pearland High er, more efficient manner. One such program, Head Coach Justin Tatum, the Tigers de- School in Brazoria County, Texas. Her essay the Senior Food Program, provides low in- feated some of the best teams in the nation, topic is: In your opinion, what role should gov- come senior citizens the opportunity to receive outscoring their playoff opponents by an unbe- ernment play in our lives? free groceries each month. Another, the Farm lievable average of 24 points a game. Although the United States government to Kid Program, provides five pounds of food provides services such as roadways, protec- The men of the Soldan High School Tigers every week for low income families as well as tion from harm—both foreign and domestic— are more than merely teammates, they are a and regulation of food and drugs, I believe three to five pounds of fresh produce for every the government has, at times, stepped over band of brothers. Many of the Tigers have child in after school programs at low-income their boundaries and infringed upon the played on the same teams since grade school, schools. rights of the people. their recent victory a fitting reward for years of Throughout his career in public service, The recent SOPA (Stop Online Piracy Act) dedication to both each other and the sport of Larry has served at a number of statewide and the Protect IP Act wanted to shut down basketball. Especially for Soldan’s nine-man and national organizations, He served as Vice websites which illegally provided services senior class of Devin Booker, Aaron Diamini, Chair of the Board of Directors of Feeding such as making music, videos, and movies Kawan Griffin, Randy Holmes, Paul available for free download. In doing this, America and the National Food Bank Network, the government also restricted and sup- McRoberts, Jibreel Muhammad, Partice Sand- as well as on the Board of Directors at the pressed websites which were informational ers, Elva Shelton, and Rashad Simmons, the California Association of Food Banks and the and helpful to the public. In this way, the season, and their high school careers, ended Emergency Food and Shelter Board in Contra government inadvertently infringed upon the exactly how they hoped they would. Costa County. In 2009, Larry also served as rights of citizens of the United States. After Mr. Speaker, Coach Tatum and the men of Interim Executive Director for Feeding America the incident of SOPA closing down San Diego, where he helped improve and Wikipedia for a short while, I noticed it was the Soldan High School Tigers are true exam- a popular conversation being held around ples of character and sportsmanship, and I manage the organization. school. My peers were unhappy and disliked urge my colleagues to join me in honoring Mr. Speaker, I invite this chamber to join me the fact that the government seemed to have their remarkable achievement. in recognizing Larry Sly for his commitment

VerDate Mar 15 2010 05:56 Mar 22, 2012 Jkt 019060 PO 00000 Frm 00013 Fmt 0626 Sfmt 9920 E:\CR\FM\A21MR8.033 E21MRPT1 tjames on DSK6SPTVN1PROD with REMARKS E412 CONGRESSIONAL RECORD — Extensions of Remarks March 21, 2012 and significant service to the people of Contra fornia and the Nation. Larry’s leadership he retires from the Food Bank of Contra Costa Costa and Solano Counties. I applaud Larry’s throughout his career provides a positive ex- and Solano. contributions on behalf of the underprivileged, ample for those planning to serve their com- and his efforts to increase awareness of hun- munities. I am pleased to join his family, col- ger and food security issues throughout Cali- leagues, and friends in congratulating him as

VerDate Mar 15 2010 05:56 Mar 22, 2012 Jkt 019060 PO 00000 Frm 00014 Fmt 0626 Sfmt 0634 E:\CR\FM\A21MR8.037 E21MRPT1 tjames on DSK6SPTVN1PROD with REMARKS March 21, 2012 CONGRESSIONAL RECORD — Extensions of Remarks E413 SENATE COMMITTEE MEETINGS Tibet, S. Res. 395, expressing the sense Homeland Security and Governmental Af- Title IV of Senate Resolution 4, of the Senate in support of the North fairs Atlantic Treaty Organization and the Business meeting to consider pending agreed to by the Senate on February 4, NATO summit to be held in Chicago, Il- calendar business. 1977, calls for establishment of a sys- linois from May 20 through 21, 2012, S. SD–342 tem for a computerized schedule of all Res. 397, promoting peace and stability Judiciary meetings and hearings of Senate com- in Sudan, S. Res. 80, condemning the To hold hearings to examine the Special mittees, subcommittees, joint commit- Government of Iran for its state-spon- Counsel’s report on the prosecution of tees, and committees of conference. sored persecution of its Baha’i minor- Senator Ted Stevens. This title requires all such committees ity and its continued violation of the SD–226 to notify the Office of the Senate Daily International Covenants on Human Appropriations Digest—designated by the Rules Com- Rights, S. Res. 391, condemning vio- Departments of Labor, Health and Human mittee—of the time, place, and purpose lence by the Government of Syria Services, and Education, and Related of the meetings, when scheduled, and against journalists, and expressing the Agencies Subcommittee any cancellations or changes in the sense of the Senate on freedom of the To hold hearings to examine proposed meetings as they occur. press in Syria, S. Res. 344, supporting budget estimates for fiscal year 2013 for As an additional procedure along the democratic aspirations of the Nica- the National Institutes of Health. with the computerization of this infor- raguan people and calling attention to SD–124 the deterioration of constitutional Veterans’ Affairs mation, the Office of the Senate Daily order in Nicaragua, the nominations of Digest will prepare this information for To hold hearings to examine the nomina- Julissa Reynoso, of New York, to be tions of Margaret Bartley, of Mary- printing in the Extensions of Remarks Ambassador to the Oriental Republic of land, and Coral Wong Pietsch, of Ha- section of the CONGRESSIONAL RECORD Uruguay, and Gina K. Abercrombie- waii, both to be a Judge of the United on Monday and Wednesday of each Winstanley, of Ohio, to be Ambassador States Court of Appeals for Veterans week. to the Republic of Malta, both of the Claims. Meetings scheduled for Thursday, Department of State, and lists in the SR–418 March 22, 2012 may be found in the Foreign Service. 10:30 a.m. Daily Digest of today’s RECORD. S–116, Capitol Inaugural Ceremonies—2012 2:30 p.m. Organizational business meeting to con- MEETINGS SCHEDULED Armed Services sider an original resolution authorizing MARCH 27 Airland Subcommittee expenditures for committee operations 9:30 a.m. To hold a hearing to examine Army mod- and committee’s rules and procedure Armed Services ernization in review of the Defense Au- for the 112th Congress. To hold hearings to examine U.S. Stra- thorization request for fiscal year 2013 S–216, Capitol tegic Command and U.S. Cyber Com- and the Future Years Defense Pro- 2 p.m. mand in review of the Defense Author- gram. Appropriations ization request for fiscal year 2013 and SR–222 Commerce, Justice, Science, and Related the Future Years Defense Program; Armed Services Agencies Subcommittee with the possibility of a closed session Emerging Threats and Capabilities Sub- To hold hearings to examine proposed in SVC–217 following the open session. committee budget estimates for fiscal year 2013 for SD–106 To hold hearings to examine the Depart- the National Aeronautics and Space 10 a.m. ment of Defense’s role in implementa- Administration. Environment and Public Works tion of the National Strategy for SD–124 Green Jobs and the New Economy Sub- Counterterrorism and the National 2:30 p.m. committee Strategy to Combat Transnational Or- Commerce, Science, and Transportation Oversight Subcommittee ganized Crime in review of the Defense To hold hearings to examine the science To hold a joint oversight hearing to ex- Authorization request for fiscal year amine the Environmental Protection and standards of forensics. 2013 and the Future Years Defense Pro- Agency’s (EPA) work with other Fed- SR–253 gram. eral entities to reduce pollution and Banking, Housing, and Urban Affairs SR–232A improve environmental performance. Economic Policy Subcommittee SD–406 Intelligence To hold hearings to examine retirement, Judiciary To hold closed hearings to examine cer- focusing on examining the retirement Immigration, Refugees and Border Secu- tain intelligence matters. savings deficit. rity Subcommittee SH–219 SD–538 To hold hearings to examine the eco- 2:45 p.m. Appropriations nomic imperative for promoting inter- Finance Energy and Water Development Sub- national travel to the United States. Energy, Natural Resources, and Infrastruc- committee SD–226 ture Subcommittee To hold hearings to examine proposed Appropriations To hold hearings to examine renewable budget estimates for fiscal year 2013 for Military Construction and Veterans Af- energy tax incentives, focusing on how the Army Corps of Engineers and Bu- fairs, and Related Agencies Sub- have the recent and pending expira- reau of Reclamation. committee tions of key incentives affected the re- SD–192 To hold hearings to examine proposed newable energy industry in the United Homeland Security and Governmental Af- budget estimates for fiscal year 2013 for States. fairs the Department of Defense and the De- SD–215 Federal Financial Management, Govern- partment of the Army. MARCH 28 ment Information, Federal Services, SD–124 and International Security Sub- 10:30 a.m. 9:30 a.m. Armed Services committee Banking, Housing, and Urban Affairs To hold hearings to examine assessing ef- Housing, Transportation and Community SeaPower Subcommittee forts to combat waste and fraud in Fed- Development Subcommittee To receive a closed briefing on the Ohio- eral programs. To hold hearings to examine the choice class Replacement Program in review SD–342 neighborhoods initiative, focusing on a of the Defense Authorization request new community development model. for fiscal year 2013 and the Future Appropriations SD–538 Years Defense Program. Financial Service and General Government 2 p.m. SVC–217 Subcommittee Joint Economic Committee 10 a.m. To hold hearings to examine enhancing To hold hearings to examine monetary Appropriations economic growth, focusing on the De- policy going forward, focusing on why Department of Defense Subcommittee partment of the Treasury’s responses a sound dollar boosts growth and em- To hold hearings to examine Department to the foreclosure crisis and mounting ployment. of Defense health programs. student loan debt. SH–216 SD–192 SD–138 2:15 p.m. Foreign Relations Judiciary Foreign Relations To hold hearings to examine United To hold hearings to examine certain Business meeting to consider S. Res. 356, States policy on Iran. nominations. expressing support for the people of SD–419 SD–226

VerDate Mar 15 2010 05:56 Mar 22, 2012 Jkt 019060 PO 00000 Frm 00015 Fmt 0626 Sfmt 0634 E:\CR\FM\M21MR8.000 E21MRPT1 tjames on DSK6SPTVN1PROD with REMARKS E414 CONGRESSIONAL RECORD — Extensions of Remarks March 21, 2012 MARCH 29 10 a.m. APRIL 18 9:30 a.m. Homeland Security and Governmental Af- 2:30 p.m. Armed Services fairs Armed Services Contracting Oversight Subcommittee To hold hearings to examine the nomina- Readiness and Management Support Sub- To hold hearings to examine contractors, tions of Frank Kendall III, of Virginia, committee focusing on how much they are costing to be Under Secretary for Acquisition, the government. To hold hearings to examine financial Technology, and Logistics, James N. SD–342 management and business trans- Miller, Jr., of Virginia, to be Under Health, Education, Labor, and Pensions formation at the Department of De- Secretary for Policy, Erin C. Conaton, To hold hearings to examine Food and fense. of the District of Columbia, to be Drug Administration (FDA) user fee SD–G50 Under Secretary for Personnel and agreements, focusing on strengthening APRIL 25 Readiness, Jessica Lynn Wright, of FDA and the medical products industry 2 p.m. Pennsylvania, and Katharina G. for the benefit of patients. Armed Services McFarland, of Virginia, both to be an SH–216 Personnel Subcommittee Assistant Secretary, and Heidi Shyu, of Small Business and Entrepreneurship To resume hearings to examine the Ac- California, to be an Assistant Sec- To hold hearings to examine the Presi- tive, Guard, Reserve, and civilian per- retary of the Army, all of the Depart- dent’s proposed budget request for fis- sonnel programs in review of the De- ment of Defense. cal year 2013 for the Small Business fense Authorization request for fiscal SD–G50 Administration. SR–428A year 2013 and the Future Years Defense 2:30 p.m. Program. Intelligence SD–106 To hold closed hearings to examine certain intelligence matters. SH–219

VerDate Mar 15 2010 05:56 Mar 22, 2012 Jkt 019060 PO 00000 Frm 00016 Fmt 0626 Sfmt 0634 E:\CR\FM\M21MR8.000 E21MRPT1 tjames on DSK6SPTVN1PROD with REMARKS Wednesday, March 21, 2012 Daily Digest Senate mittee on Banking, Housing, and Urban Affairs, Chamber Action with instructions, Reid Amendment No. 1838, fell. Routine Proceedings, pages S1873–S1953 Page S1884 Measures Introduced: Eight bills and four resolu- Reid Amendment No. 1840 (to Amendment No. tions were introduced, as follows: S. 2215–2222, S.J. 1839), of a perfecting nature, fell when Reid Res. 38, and S. Res. 401–403. Page S1932 Amendment No. 1839 (to (the instructions) Amend- ment No. 1838), fell. Page S1884 Measures Passed: Chair sustained a point of order that Reid (for Authorizing testimony, document production, Cantwell) Amendment No. 1836 (to the language and legal representation: Senate agreed to S. Res. proposed to be stricken by Amendment No. 1833), 403, to authorize testimony, document production, to reauthorize the Export-Import Bank of the United and legal representation in United States v. Richard F. States, was not germane, and the amendment thus ‘‘Dickie’’ Scruggs. Pages S1944–45 fell. Page S1884 Measures Considered: Reid Amendment No. 1837 (to Amendment No. 1836), to change the enactment date, fell when Reid Reopening American Capital Markets to Emerg- (for Cantwell) Amendment No. 1836 (to the lan- ing Growth Companies Act—Agreement: Senate guage proposed to be stricken by Amendment No. continued consideration of H.R. 3606, to increase 1833), fell. Page S1884 American job creation and economic growth by im- Chair sustained a point of order that Reid (for proving access to the public capital markets for Reed) Amendment No. 1833, in the nature of a sub- emerging growth companies, taking action on the stitute, was not germane, and the amendment thus following amendments proposed thereto: fell. Page S1884 Pages S1884–S1919 Reid Amendment No. 1834 (to Amendment No. Pending: 1833), to change the enactment date, fell when Reid Reid (for Merkley) Amendment No. 1884, to (for Reed) Amendment No. 1833, fell. Page S1884 amend the securities laws to provide for registration Reid Amendment No. 1835 (to Amendment No. exemptions for certain crowdfunded securities. 1834), of a perfecting nature, fell when Reid Pages S1884, S1886–96 Amendment No. 1834 (to Amendment No. 1833), Reid (for Reed) Amendment No. 1931 (to fell. Page S1884 Amendment No. 1884), to improve the bill. A unanimous-consent-time agreement was reached Pages S1884–86 providing for further consideration of the bill at ap- During consideration of this measure today, Senate proximately 10:30 a.m., on Thursday, March 22, also took the following action: 2012, that the time until 12:30 p.m. be equally di- By 76 yeas to 22 nays (Vote No. 53), three-fifths vided between the two Leaders, or their designees; of those Senators duly chosen and sworn, having that at 12:30 p.m., the post-cloture time be consid- voted in the affirmative, Senate agreed to the motion ered expired and Senate vote on or in relation to the to close further debate on the bill. Page S1884 following: Reid (for Reed) Amendment No. 1931 (to Reid motion to recommit the bill to the Com- Amendment No. 1884), Reid (for Merkley) Amend- mittee on Banking, Housing, and Urban Affairs, ment No. 1884, as amended, if amended, and pas- with instructions, Reid Amendment No. 1838, to sage of the bill, as amended, if amended; that there change the enactment date, fell when cloture was in- be two minutes equally divided in the usual form voked on the bill. Page S1884 in-between the votes. Page S1919 Reid Amendment No. 1839 (to (the instructions) Stop Trading on Congressional Knowledge Act— Amendment No. 1838), of a perfecting nature, fell Agreement: A unanimous-consent-time agreement when Reid motion to recommit the bill to the Com- was reached provided that upon disposition of H.R. D279

VerDate Mar 15 2010 05:51 Mar 22, 2012 Jkt 019060 PO 00000 Frm 00001 Fmt 0627 Sfmt 0627 E:\CR\FM\D21MR2.REC D21MRPT1 tjames on DSK6SPTVN1PROD with DIGEST D280 CONGRESSIONAL RECORD — DAILY DIGEST March 21, 2012 3606, Reopening American Capital Markets to Nominations Received: Senate received the fol- Emerging Growth Companies Act, Senate resume lowing nominations: consideration of the House Message to accompany S. Rainey Ransom Brandt, of the District of Colum- 2038, Stop Trading on Congressional Knowledge bia, to be an Associate Judge of the Superior Court Act; that there be four minutes of debate equally di- of the District of Columbia for the term of fifteen vided in the usual form prior to the vote on the mo- years. tion to invoke cloture on the motion to concur in John S. Leonardo, of Arizona, to be United States the House Message to accompany S. 2038; that if Attorney for the District of Arizona for the term of cloture is invoked on the motion to concur; that all four years. post-cloture time be yielded back; the motion to 2 Air Force nominations in the rank of general. concur with an amendment be withdrawn; and the 2 Army nominations in the rank of general. motion to concur be agreed to; that all after the first 4 Navy nominations in the rank of admiral. vote be ten minute votes; and that the filing dead- Routine lists in the Army, and Navy. line for second-degree amendments to Reid motion Pages S1946–53 to concur with respect to S. 2038, be at 10:30 a.m., Messages from the House: Page S1930 on Thursday, March 22, 2012. Page S1945 Measures Referred: Page S1930 Bill Referral—Agreement: A unanimous-consent agreement was reached providing that H.R. 306, to Executive Communications: Pages S1930–32 direct the Secretary of the Interior to enter into an Additional Cosponsors: Pages S1932–33 agreement to provide for management of the free- Statements on Introduced Bills/Resolutions: roaming wild horses in and around the Currituck Pages S1933–42 National Wildlife Refuge, be discharged from the Committee on Energy and Natural Resources and be Additional Statements: Pages S1929–30 referred to the Committee on Environment and Pub- Amendments Submitted: Pages S1942–43 lic Works. Page S1945 Notices of Hearings/Meetings: Pages S1943–44 Senator Mikulski Tributes—Agreement: A Authorities for Committees to Meet: Page S1944 unanimous-consent agreement was reached providing that there be printed as a Senate document a com- Record Votes: One record vote was taken today. pilation of materials from the Congressional Record in (Total—53) Page S1884 tribute to Senator Barbara Mikulski, and that Mem- Adjournment: Senate convened at 9:30 a.m. and bers have until Thursday, March 29, 2012, to sub- adjourned at 7:10 p.m., until 9:30 a.m. on Thurs- mit such tributes. Page S1945 day, March 22, 2012. (For Senate’s program, see the Nuffer, Abrams, and Contreras Nominations— remarks of the Acting Majority Leader in today’s Agreement: A unanimous-consent-time agreement Record on page S1945.) was reached providing that following disposition of the House Message to accompany S. 2038, Stop Committee Meetings Trading on Congressional Knowledge Act, Senate resume consideration of the following nominations: (Committees not listed did not meet) David Nuffer, of Utah, to be United States District Judge for the District of Utah, Ronnie Abrams, of U.S. AIR TRAVEL New York, to be United States District Judge for Committee on Appropriations: Subcommittee on Depart- the Southern District of New York, and Rudolph ment of Homeland Security concluded a hearing to Contreras, of Virginia, to be United States District examine balancing prosperity and security, focusing Judge for the District of Columbia; that there be on challenges for United States air travel in a 21st two minutes for debate equally divided in the usual century global economy, after receiving testimony form; that upon the use or yielding back of time, from John Pistole, Administrator, Transportation Se- Senate vote without intervening action or debate on curity Administration, Thomas Winkowski, Acting confirmation of the nominations of David Nuffer, of Deputy Commissioner, Customs and Border Protec- Utah, to be United States District Judge for the Dis- tion, and Doug Smith, Assistant Secretary for Private trict of Utah, Ronnie Abrams, of New York, to be Sector, all of the Department of Homeland Security; United States District Judge for the Southern Dis- David T. Donahue, Deputy Assistant Secretary of trict of New York, and Rudolph Contreras, of Vir- State for Visa Services; Roger Dow, U.S. Travel As- ginia, to be United States District Judge for the Dis- sociation, Thomas L. Hendricks, Airlines of America, trict of Columbia, in that order; and that no further and Sara Nelson, Association of Flight Attendants— motions be in order. Page S1944 CWA, all of Washington, D.C.; Charles M. Barclay,

VerDate Mar 15 2010 05:51 Mar 22, 2012 Jkt 019060 PO 00000 Frm 00002 Fmt 0627 Sfmt 0627 E:\CR\FM\D21MR2.REC D21MRPT1 tjames on DSK6SPTVN1PROD with DIGEST March 21, 2012 CONGRESSIONAL RECORD — DAILY DIGEST D281 American Association of Airport Executives, Alexan- DEFENSE AUTHORIZATION REQUEST AND dria, Virginia; and Steven Hacker, International As- FUTURE YEARS DEFENSE PROGRAM sociation of Exhibitions and Events, Dallas, Texas. Committee on Armed Services: Subcommittee on Stra- tegic Forces concluded a hearing to examine military APPROPRIATIONS: DEPARTMENT OF THE space programs in review of the Defense Authoriza- ARMY tion request for fiscal year 2013 and the Future Committee on Appropriations: Subcommittee on Depart- Years Defense Program, including challenges the ment of Defense concluded a hearing to examine Department of Defense faces in realizing benefits of proposed budget estimates for fiscal year 2013 for satellite acquisition improvements, after receiving the Department of the Army, after receiving testi- testimony from Madelyn R. Creedon, Assistant Sec- mony from John M. McHugh, Secretary of the retary for Global Strategic Affairs, John A. Zangardi, Army, and General Rayomd T. Odierno, Chief of Deputy Assistant Secretary of the Navy for Com- Staff, United States Army, both of the Department mand, Control, Communications, Computers, Intel- of Defense. ligence, and Space, Robert S. Winokur, Director, Oceanography, Space and Maritime Domain, Aware- APPROPRIATIONS: NATIONAL NUCLEAR ness Division, OPNAV N2/N6, Information Domi- SECURITY ADMINISTRATION nance, General William L. Shelton, Commander, Air Committee on Appropriations: Subcommittee on Energy Force Space Command, and Lieutenant General and Water Development concluded a hearing to ex- Richard P. Formica, USA, Commanding General, amine proposed budget estimates for fiscal year 2013 U.S. Army Space and Missile Defense Command, for the National Nuclear Security Administration, and Army Forces Strategic Command, all of the De- after receiving testimony from Thomas P. partment of Defense; and Cristina T. Chaplain, Di- D’Agostino, Undersecretary for Nuclear Security, and rector, Acquisition and Sourcing Management, Gov- Administrator, National Nuclear Security Adminis- ernment Accountability Office. tration, Department of Energy. NOMINATIONS COMMODITY FUTURES TRADING Committee on Foreign Relations: Committee concluded COMMISSION a hearing to examine the nominations of Tracey Ann Committee on Appropriations: Subcommittee on Finan- Jacobson, of the District of Columbia, to be Ambas- cial Service and General Government concluded a sador to the Republic of Kosovo, Richard B. hearing to examine strengthening market oversight Norland, of Iowa, to be Ambassador to Georgia, and integrity, focusing on fiscal year 2013 resource Kenneth Merten, of Virginia, to be Ambassador to needs of the Commodity Futures Trading Commis- the Republic of Croatia, Mark A. Pekala, of Mary- sion, after receiving testimony from Gary Gensler, land, to be Ambassador to the Republic of Latvia, Chairman, Commodity Futures Trading Commission. and Jeffrey D. Levine, of California, to be Ambas- sador to the Republic of Estonia, all of the Depart- DEFENSE AUTHORIZATION REQUEST AND ment of State, after the nominees testified and an- FUTURE YEARS DEFENSE PROGRAM swered questions in their own behalf. Committee on Armed Services: Subcommittee on Readi- RETOOLING GOVERNMENT FOR THE 21ST ness and Management Support concluded a hearing CENTURY to examine military construction, environmental, and base closure programs in review of the Defense Au- Committee on Homeland Security and Governmental Af- thorization request for fiscal year 2013 and the Fu- fairs: Committee concluded a hearing to examine re- ture Years Defense Program, after receiving testi- tooling government for the 21st century, focusing on mony from Dorothy Robyn, Deputy Under Secretary the President’s reorganization plan and reducing du- for Installations and Environment, Katherine G. plication, and opportunities for improvement and Hammack, Assistant Secretary of the Army for In- considerations for reconstructing, including S. 2129, stallation, Energy, and Environment, Jackalyne to provide for reforming and consolidating agencies Pfannenstiel, Assistant Secretary of the Navy for En- of the Federal Government to improve efficiency and ergy, Installations and Environment, and Terry A. effectiveness, after receiving testimony from Daniel Yonkers, Assistant Secretary of the Air Force for In- Werfel, Controller, Office of Management and Budg- stallations, Environment, and Logistics, all of the et; and Patricia A. Dalton, Chief Operating Officer, Department of Defense. Government Accountability Office.

VerDate Mar 15 2010 05:51 Mar 22, 2012 Jkt 019060 PO 00000 Frm 00003 Fmt 0627 Sfmt 0627 E:\CR\FM\D21MR2.REC D21MRPT1 tjames on DSK6SPTVN1PROD with DIGEST D282 CONGRESSIONAL RECORD — DAILY DIGEST March 21, 2012

DEPARTMENT OF HOMELAND SECURITY cluded a hearing to examine Verizon and cable deals, BUDGET after receiving testimony from Randal S. Milch, Committee on Homeland Security and Governmental Af- Verizon Communications Inc., and Tim Wu, Co- fairs: Committee concluded a hearing to examine the lumbia Law School, both of New York, New York; President’s proposed budget request for fiscal year David L. Cohen, Comcast Corporation, Philadelphia, 2013 for the Department of Homeland Security, Pennsylvania; and Charles F. Rule, Cadwalader, after receiving testimony from Janet Napolitano, Sec- Wickersham and Taft LLP, Steven K. Berry, RCA, retary of Homeland Security. and Joel Kelsey, Free Press, all of Washington, D.C. CONVICTING THE GUILTY AND VETERANS ORGANIZATIONS LEGISLATIVE EXONERATING THE INNOCENT PRESENTATIONS Committee on the Judiciary: Committee concluded a hearing to examine convicting the guilty and exon- Committee on Veterans’ Affairs: Committee concluded a erating the innocent, including S. 250, to protect joint hearing with the House Committee on Vet- crime victims’ rights, to eliminate the substantial erans’ Affairs to examine the legislative presentations backlog of DNA samples collected from crime scenes of the Military Order of the Purple Heart, Iraq and and convicted offenders, to improve and expand the Afghanistan Veterans of America (IAVA), Non Com- DNA testing capacity of Federal, State, and local missioned Officers Association, American Ex-Pris- crime laboratories, to increase research and develop- oners of War, Vietnam Veterans of America, ment of new DNA testing technologies, to develop Wounded Warrior Project, National Association of new training programs regarding the collection and State Directors of Veterans Affairs, and The Retired use of DNA evidence, to provide post conviction Enlisted Association, after receiving testimony from testing of DNA evidence to exonerate the innocent, Tom Tarantino, Iraq and Afghanistan Veterans of to improve the performance of counsel in State cap- America, and Dawn Halfaker, Wounded Warrior ital cases, after receiving testimony from Craig Wat- Project, both of Washington, D.C.; William R. kins, Dallas County District Attorney, Dallas, Texas; Hutton, Military Order of the Purple Heart, Spring- Joshua Marquis, Clatsop County District Attorney, field, Virginia; David Fletcher, National Association Astoria, Oregon; and Thomas Haynesworth, Rich- of State Directors of Veterans Affairs, H. Gene Over- mond, Virginia. street, Non Commissioned Officers Association of the United States, and Arthur Cooper, Retired En- VERIZON AND CABLE DEALS listed Association, all of Alexandria, Virginia; and Committee on the Judiciary: Subcommittee on Anti- John Rowan, Vietnam Veterans of America, Silver trust, Competition Policy and Consumer Rights con- Spring, Maryland. h House of Representatives Chaplain: The prayer was offered by the guest chap- Chamber Action lain, Reverend Dr. Carl Hickerson, Springfield Bap- Public Bills and Resolutions Introduced: 13 public bills, H.R. 9, 14, 4228–4238; and 1 resolution, tist Church, Washington, DC. Page H1437 H. Res. 593 were introduced. Pages H1496–97 Journal: The House agreed to the Speaker’s approval of the Journal by a yea-and-nay vote of 308 yeas to Additional Cosponsors: Pages H1497–98 101 nays with 3 answering ‘‘present’’, Roll No. 121. Report Filed: A report was filed today as follows: Pages H1438, H1452–53 H.R. 4119, to reduce the trafficking of drugs and to prevent human smuggling across the Southwest Permitting the use of the rotunda of the Capitol Border by deterring the construction and use of bor- for a ceremony: The House agreed to discharge and der tunnels (H. Rept. 112–418, Pt. 1). Page H1496 agree to H. Con. Res. 108, permitting the use of the rotunda of the Capitol for a ceremony as part of the Speaker: Read a letter from the Speaker wherein he appointed Representative Ellmers to act as Speaker commemoration of the days of remembrance of victims of the Holocaust. Page H1442 pro tempore for today. Page H1429 Recess: The House recessed at 11:21 a.m. and re- convened at 12 noon. Page H1437

VerDate Mar 15 2010 05:51 Mar 22, 2012 Jkt 019060 PO 00000 Frm 00004 Fmt 0627 Sfmt 0627 E:\CR\FM\D21MR2.REC D21MRPT1 tjames on DSK6SPTVN1PROD with DIGEST March 21, 2012 CONGRESSIONAL RECORD — DAILY DIGEST D283 Meeting Hour: Agreed that when the House ad- APPROPRIATIONS—NEAR EASTERN journs today, it adjourn to meet at 10 a.m. tomor- AFFAIRS row, March 22nd. Page H1442 Committee on Appropriations: Subcommittee on State, Suspensions: The House agreed to suspend the rules Foreign Operations, and Related Projects held a and pass the following measure: hearing on the FY 2013 Budget for Department of United States Marshals Service 225th Anniver- State, Near Eastern Affairs. This was a closed hear- sary Commemorative Coin Act: Concur in the Sen- ing. ate amendment to H.R. 886, to require the Secretary of the Treasury to mint coins in commemoration of APPROPRIATIONS—NATIONAL the 225th anniversary of the establishment of the AERONAUTICS AND SPACE Nation’s first Federal law enforcement agency, the ADMINISTRATION United States Marshals Service, by a 2⁄3 yea-and-nay Committee on Appropriations: Subcommittee on Com- vote of 409 yeas to 2 nays with 2 voting ‘‘present’’, merce, Justice, Science, and Related Agencies held a Roll No. 120. Pages H1442–43, H1452 hearing on FY 2013 Budget Request for National Recess: The House recessed at 1:48 p.m. and recon- Aeronautics and Space Administration. Testimony vened at 2:15 p.m. Page H1450 was heard from Charles F. Bolden, Jr., Adminis- Help Efficient, Accessible, Low-cost, Timely trator, National Aeronautics and Space Administra- Healthcare (HEALTH) Act: The House began con- tion. sideration of H.R. 5, to improve patient access to health care services and provide improved medical APPROPRIATIONS—VETERANS care by reducing the excessive burden the liability EMPLOYMENT AND TRAINING PROGRAMS system places on the health care delivery system. Committee on Appropriations: Subcommittee on Labor, Consideration is expected to resume tomorrow, Health and Human Services, Education, and Related March 22nd. Pages H1443–50, H1450–52, H1453–90 Agencies held a hearing on FY 2013 Budget Re- H. Res. 591, the rule providing for consideration quest for Veterans Employment and Training Pro- of the bill, was agreed to by a recorded vote of 233 grams. Testimony was heard from Lt. Col Ismael ayes to 182 noes with 1 voting ‘‘present’’, Roll No. Ortiz USMC (Ret.), Deputy Assistant Secretary for 119, after the previous question was ordered by a Veterans’ Employment and Training, Department of yea-and-nay vote of 231 yeas to 179 nays with 1 Labor; and public witnesses. voting ‘‘present’’, Roll No. 118. Pages H1443–50, H1450–52 APPROPRIATIONS—DEPARTMENT OF Quorum Calls—Votes: Three yea-and-nay votes AGRICULTURE and one recorded vote developed during the pro- Committee on Appropriations: Subcommittee on Agri- ceedings of today and appear on pages H1450–51, culture, Rural Development, Food and Drug Admin- H1451–52, H1452, H1452–53. There were no istration, and Related Agencies held a hearing on FY quorum calls. 2013 Budget Request for the Department of Agri- Adjournment: The House met at 10 a.m. and ad- culture. Testimony was heard from the following journed at 9:42 p.m. Department of Agriculture officials: Catherine E. Woteki, Under Secretary, Research, Education, and Economics; Edward Knipling, Administrator, Agri- Committee Meetings cultural Research Service; Chavonda Jacobs-Young, Acting Administrator, National Institute of Food DUPLICATIVE FEDERAL RURAL and Agriculture; Mary Bohman, Administrator, Eco- DEVELOPMENT PROGRAMS nomic Research Service; Cynthia Clark, Adminis- Committee on Agriculture: Subcommittee on Rural De- trator, National Agricultural Statistics Service; and velopment, Research, Biotechnology, and Foreign Michael Young, Budget Officer. Agriculture held a hearing entitled ‘‘To Identify Du- plicative Federal Rural Development Programs’’. APPROPRIATIONS—INTERNATIONAL Testimony was heard from Dallas P. Tonsager, SECURITY ASSISTANCE FORCE Under Secretary, Rural Development, Department of Committee on Appropriations: Subcommittee on Defense Agriculture; and William B. Shear, Director, Finan- held a hearing on FY 2013 Budget Request for the cial Markets and Community Investment, Govern- U.S. Central Command and the International Secu- ment Accountability Office. rity Assistance Force. This was a closed hearing.

VerDate Mar 15 2010 05:51 Mar 22, 2012 Jkt 019060 PO 00000 Frm 00005 Fmt 0627 Sfmt 0627 E:\CR\FM\D21MR2.REC D21MRPT1 tjames on DSK6SPTVN1PROD with DIGEST D284 CONGRESSIONAL RECORD — DAILY DIGEST March 21, 2012 APPROPRIATIONS—DEPARTMENT OF APPROPRIATIONS—SMALL BUSINESS ENERGY ADMINISTRATION Committee on Appropriations: Subcommittee on Energy Committee on Appropriations: Subcommittee on Finan- and Water Development, and Related Agencies held cial Services and General Government held a hearing a hearing on FY 2013 Budget Request for the De- on FY 2013 Budget Request for Small Business Ad- partment of Energy. Testimony was heard from Dave ministration. Testimony was heard from Karen G. Huizenga, Assistant Secretary (Acting), Office of En- Mills, Administrator, Small Business Administration. vironmental Management, Department of Energy; and Glenn Podonsky, Chief Health, Safety, and Secu- DEFENSE HEALTH PROGRAM rity Officer, Office of Health, Safety, and Security, Committee on Armed Services: Subcommittee on Mili- Department of Energy. tary Personnel held a hearing on the Defense Health APPROPRIATIONS—INTERNAL REVENUE Program budget overview. Testimony was heard SERVICE from Jonathan Woodson, Assistant Secretary of De- fense for Health Affairs; Lieutenant General Patricia Committee on Appropriations: Subcommittee on Finan- D. Horoho, USA, Surgeon General, U. S. Army; cial Services and General Government held a hearing Vice Admiral Matthew L. Nathan, USN, Surgeon on FY 2013 Budget Request for Internal Revenue General, U. S. Navy; Lieutenant General Charles Service. Testimony was heard from Douglas H. Bruce Green, USAF, Surgeon General, U. S. Air Shulman, Commissioner, Internal Revenue Service. Force; and public witness. APPROPRIATIONS—FY 2013 BUDGET MISCELLEANOUS MEASURE REQUEST FOR DEPARTMENT OF VETERANS AFFAIRS Committee on the Budget: Full Committee began a markup of the Concurrent Resolution on the Budget Committee on Appropriations: Subcommittee on Mili- for Fiscal Year 2013. tary Construction, Veterans Affairs, and Related Agencies held a hearing on FY 2013 Budget Re- FISCAL YEAR 2013 BUDGET PROPOSAL FOR quest. Testimony was heard from Eric K. Shinseki, DEPARTMENT OF LABOR Secretary, Department of Veterans Affairs. Committee on Education and the Workforce: Full Com- APPROPRIATIONS—HOMELAND SECURITY mittee held a hearing entitled ‘‘Reviewing the Presi- FACILITIES dent’s Fiscal Year 2013 Budget Proposals for the Committee on Appropriations: Subcommittee on Home- U.S. Department of Labor’’. Testimony was heard land Security held a hearing on Department of from Hilda L. Solis, Secretary, Department of Labor. Homeland Security Facilities. Testimony was heard LEGISLATIVE MEASURE from Rafael Borras, Under Secretary, Management Directorate, Department of Homeland Security; and Committee on Energy and Commerce: Subcommittee on Tara O’Toole, Under Secretary, Science and Tech- Oversight and Investigations held a hearing entitled nology Directorate, Department of Homeland Secu- ‘‘The Center for Consumer Information and Insur- rity. ance Oversight and the Anniversary of the Patient Protection and Affordable Care Act’’. Testimony was APPROPRIATIONS—DEPARTMENT OF heard from Senator Johnson (WI); Representative HOUSING AND URBAN DEVELOPMENT Edwards; and Steve Larsen, Director, Center for Con- Committee on Appropriations: Subcommittee on Trans- sumer Information and Insurance Oversight, Center portation, Housing and Urban Development, and for Medicare and Medicaid, Department of Health Related Agencies held a hearing on FY 2013 Budget and Human Services. Request for the Department of Housing and Urban Development. Testimony was heard from Shaun LEGISLATIVE MEASURE Donovan, Secretary, Department of Housing and Committee on Financial Services: Subcommittee on Cap- Urban Development. ital Markets and Government Sponsored Enterprise held a hearing on the Swap Data and Clearing APPROPRIATIONS—FY 2013 BUDGET House Indemnification Correction Act of 2012. Tes- ISSUES timony was heard from, Ethiopis Tafara, Director, Committee on Appropriations: Subcommittee on Inte- Office of International Affairs, U.S. Securities and rior, Environment, and Related Agencies held a Exchange Commission; Daniel Berkovitz, General hearing on FY 2013 Budget Issues. Testimony was Counsel, U.S. Commodity Futures Trading Commis- heard from public witnesses. sion; and public witness.

VerDate Mar 15 2010 05:51 Mar 22, 2012 Jkt 019060 PO 00000 Frm 00006 Fmt 0627 Sfmt 0627 E:\CR\FM\D21MR2.REC D21MRPT1 tjames on DSK6SPTVN1PROD with DIGEST March 21, 2012 CONGRESSIONAL RECORD — DAILY DIGEST D285 MOTION AUTHORIZING ISSUANCE OF A HARNESSING AMERICAN RESOURCES TO SUBPOENA CREATE JOBS AND ADDRESS RISING Committee on Financial Services: Subcommittee on GASOLINE PRICES Oversight and Investigation held a business meeting Committee on Natural Resources: Full Committee held to consider a motion authorizing the issuance of a a hearing entitled ‘‘Harnessing American Resources subpoena ad testificandum for the appearance of to Create Jobs and Address Rising Gasoline Prices: Edith O’Brien. The motion passed without amend- Families and Cost-of-Life Impacts’’. Testimony was ment. heard from public witnesses. EUROPE’S SOVEREIGN DEBT CRISIS RUSSIA 2012 Committee on Oversight and Government Reform: Full Committee on Foreign Affairs: Full Committee held a Committee held a hearing entitled ‘‘Europe’s Sov- hearing entitled ‘‘Russia 2012: Increased Repression, ereign Debt Crisis: Causes, Consequences for the Rampant Corruption, Assisting Rogue Regimes’’. United States and Lessons Learned’’. Testimony was Testimony was heard from public witnesses. heard from Timothy F. Geithner, Secretary, Depart- ment of the Treasury; and Ben S. Bernanke, Chair- U.S. POLICY TOWARD DETERIORATING man, Board of Governors of the Federal Reserve Sys- SITUATION IN IRAQ tem. Committee on Foreign Affairs: Subcommittee on the FOIA IN THE 21ST CENTURY Middle East and South Asia held a hearing entitled ‘‘Halting the Descent: U.S. Policy toward the Dete- Committee on Oversight and Government Reform: Sub- riorating Situation in Iraq’’. Testimony was heard committee on Technology, Information Policy, Inter- from public witnesses. governmental Relations and Procurement Reform held a hearing entitled ‘‘FOIA in the 21st Century: IRAN, HEZBOLLAH, AND THE THREAT TO Using Technology to Improve Transparency in Gov- ernment’’. Testimony was heard from Miriam THE HOMELAND Nisbet, Director, Office of Government Information Committee on Homeland Security: Full Committee held Services, National Archives and Records Administra- a hearing entitled ‘‘Iran, Hezbollah, and the Threat tion; Andrew Battin, Director, Office of Information to the Homeland’’. Testimony was heard from public Collection, Environmental Protection Agency; witnesses. Melanie Ann Pustay, Director, Office of Information Policy, Department of Justice; and public witness. REAL ID ACT’S MINIMUM STANDARD FOR DRIVER’S LICENSES AND IDENTIFICATION JOB CREATION ROADMAP CARDS Committee on Small Business: Full Committee held a hearing entitled ‘‘A Job Creation Roadmap: How Committee on the Judiciary: Subcommittee on Crime, America’s Entrepreneurs Can Lead Our Economic Terrorism, and Homeland Security held a hearing Recovery’’. Testimony was heard from public wit- entitled ‘‘Secure Identification: The REAL ID Act’s nesses. Minimum Standards for Driver’s Licenses and Identi- fication Cards’’. Testimony was heard from David INNOVATIVE FINANCING APPROACHES Heyman, Assistant Secretary, Office of Policy, De- FOR COMMUNITY WATER partment of Homeland Security; and public wit- INFRASTRUCTURE PROJECTS nesses. Committee on Transportation and Infrastructure: Sub- committee on Water Resources and Environment FEDERAL REGULATIONS AND held a hearing entitled ‘‘Review of Innovative Fi- REGULATORY REFORM UNDER THE nancing Approaches for Community Water Infra- OBAMA ADMINISTRATION structure Projects—Part II’’. Testimony was heard Committee on the Judiciary: Subcommittee on Courts, from Ron Behm, Mayor, Napoleon, Ohio; Karen Commercial and Administrative Law held a hearing Massey, Director, Missouri Environmental Improve- entitled ‘‘The Office of Information and Regulatory ment and Energy Resources Authority; David Affairs: Federal Regulations and Regulatory Reform Weihrauch, Water Treatment Plant Manager, City under the Obama Administration’’. Testimony was of Oxford, Ohio; and public witnesses. heard from Causs Sunstein, Administrator, Office of Information and Regulatory Affairs; and public wit- Joint Meetings nesses. No joint committee meetings were held.

VerDate Mar 15 2010 05:51 Mar 22, 2012 Jkt 019060 PO 00000 Frm 00007 Fmt 0627 Sfmt 0627 E:\CR\FM\D21MR2.REC D21MRPT1 tjames on DSK6SPTVN1PROD with DIGEST D286 CONGRESSIONAL RECORD — DAILY DIGEST March 21, 2012 COMMITTEE MEETINGS FOR THURSDAY, the State of Wyoming, and S. 2056, to authorize the Sec- MARCH 22, 2012 retary of the Interior to convey certain interests in Federal land acquired for the Scofield Project in Carbon County, (Committee meetings are open unless otherwise indicated) Utah, 2:30 p.m., SD–366. Senate Committee on Environment and Public Works: to hold hearings to examine the President’s proposed budget request Committee on Appropriations: Subcommittee on Com- for fiscal year 2013 for the Environmental Protection merce, Justice, Science, and Related Agencies, to hold hearings to examine proposed budget estimates for fiscal Agency, 10 a.m., SD–406. year 2013 for the Department of Commerce, 10 a.m., Committee on Finance: Subcommittee on Health Care, to SD–192. hold hearings to examine prescription drug abuse, focus- Subcommittee on Legislative Branch, to hold hearings ing on how Medicare and Medicaid are adapting to the to examine proposed budget estimates for fiscal year 2013 challenge, 10 a.m., SD–215. for the Secretary of the Senate, the Sergeant at Arms and Committee on Foreign Relations: to hold hearings to exam- the U.S. Capitol Police, 2:30 p.m., SD–124. ine the nominations of Scott H. DeLisi, of Minnesota, to Committee on Armed Services: to hold hearings to examine be Ambassador to the Republic of Uganda, Michael A. the situation in Afghanistan; with the possibility of a Raynor, of Maryland, to be Ambassador to the Republic closed session in SVC–217 following the open session, of Benin, and Makila James, of the District of Columbia, 9:30 a.m., SD–G50. to be Ambassador to the Kingdom of Swaziland, all of Committee on Banking, Housing, and Urban Affairs: to the Department of State, 2:15 p.m., SD–419. hold hearings to examine international harmonization of Committee on Health, Education, Labor, and Pensions: to Wall Street reform, focusing on orderly liquidation, de- hold hearings to examine stay-at-work and back-to-work rivatives, and the Volcker Rule, 9:45 a.m., SD–538. strategies, focusing on lessons from the private sector, Committee on Energy and Natural Resources: Subcommittee 10:15 a.m., SD–430. on Public Lands and Forests, to hold hearings to examine Committee on Homeland Security and Governmental Affairs: S. 303, to amend the Omnibus Budget Reconciliation Subcommittee on Federal Financial Management, Govern- Act of 1993 to require the Bureau of Land Management ment Information, Federal Services, and International Se- to provide a claimant of a small miner waiver from claim curity, to hold a joint hearing with the House Committee maintenance fees with a period of 60 days after written on Oversight and Government Reform Subcommittee on receipt of 1 or more defects is provided to the claimant Government Organization, Efficiency, and Financial Man- by registered mail to cure the 1 or more defects or pay agement to examine problems in Army military pay, 10 the claim maintenance fee, S. 1129, to amend the Federal a.m., 2154, Rayburn Building. Land Policy and Management Act of 1976 to improve the Committee on Indian Affairs: to hold hearings to examine management of grazing leases and permits, S. 1473, to S. 1898, to provide for the conveyance of certain property amend Public Law 99–548 to provide for the implemen- from the United States to the Maniilaq Association lo- tation of the multispecies habitat conservation plan for cated in Kotzebue, Alaska, and H.R. 1560, to amend the the Virgin River, Nevada, and to extend the authority to Ysleta del Sur Pueblo and Alabama and Coushatta Indian purchase certain parcels of public land, S. 1492, to pro- Tribes of Texas Restoration Act to allow the Ysleta del vide for the conveyance of certain Federal land in Clark Sur Pueblo Tribe to determine blood quantum require- County, Nevada, for the environmental remediation and ment for membership in that tribe, 2:15 p.m., SD–628. reclamation of the Three Kids Mine Project Site, S. 1559, Committee on the Judiciary: business meeting to consider to establish the San Juan Islands National Conservation S. 2159, to extend the authorization of the Drug-Free Area in the San Juan Islands, Washington, S. 1635, to Communities Support Program through fiscal year 2017, designate certain lands in San Miguel, Ouray, and San and the nominations of Richard Gary Taranto, of Mary- Juan Counties, Colorado, as wilderness, S. 1687, to adjust land, to be United States Circuit Judge for the Federal the boundary of Carson National Forest, New Mexico, S. Circuit, Robin S. Rosenbaum, to be United States Dis- 1774, to establish the Rocky Mountain Front Conserva- trict Judge for the Southern District of Florida, Gershwin tion Management Area, to designate certain Federal land A. Drain, to be United States District Judge for the East- as wilderness, and to improve the management of noxious ern District of Michigan, and Gregory K. Davis, to be weeds in the Lewis and Clark National Forest, S. 1788, United States Attorney for the Southern District of Mis- to designate the Pine Forest Range Wilderness area in sissippi, Department of Justice, 10 a.m., SD–226. Humboldt County, Nevada, S. 1906, to modify the For- Committee on Small Business and Entrepreneurship: to hold est Service Recreation Residence Program as the program hearings to examine small business investment companies applies to units of the National Forest System derived and their role in the entrepreneurship ecosystem, 10 a.m., from the public domain by implementing a simple, equi- SR–428A. table, and predictable procedure for determining cabin Committee on Veterans’ Affairs: to hold joint hearings to user fees, S. 2001, to expand the Wild Rogue Wilderness examine the legislative presentations of the Paralyzed Area in the State of Oregon, to make additional wild and Veterans of America, Air Force Sergeants Association, scenic river designations in the Rogue River area, to pro- Blinded Veterans Association, American Veterans vide additional protections for Rogue River tributaries, S. (AMVETS), Gold Star Wives, Fleet Reserve Association, 2015, to require the Secretary of the Interior to convey Military Officers Association of America, and the Jewish certain Federal land to the Powell Recreation District in War Veterans, 10 a.m., 345, Cannon Building.

VerDate Mar 15 2010 05:51 Mar 22, 2012 Jkt 019060 PO 00000 Frm 00008 Fmt 0627 Sfmt 0627 E:\CR\FM\D21MR2.REC D21MRPT1 tjames on DSK6SPTVN1PROD with DIGEST March 21, 2012 CONGRESSIONAL RECORD — DAILY DIGEST D287

Select Committee on Intelligence: to hold closed hearings to ‘‘The Future of Money: How Mobile Payments Could examine certain intelligence matters, 2:30 p.m., SH–219. Change Financial Services’’, 10 a.m., 2128 Rayburn. House Committee on Homeland Security, Subcommittee on Over- sight, Investigations, and Management, hearing entitled Committee on Appropriations, Subcommittee on Com- ‘‘Building One DHS: Why is Employee Morale Low?’’, 9 merce, Justice, Science, and Related Agencies, hearing on a.m., 311 Cannon. FY 2013 budget issues, 9 a.m., H–309 Capitol. Committee on Natural Resources, Subcommittee on Energy Subcommittee on Interior, Environment, and Related and Mineral Resources, hearing entitled ‘‘Effect of the Agencies, hearing on FY 2013 budget issues, 9:30 a.m., President’s FY 2013 Budget for the U.S. Geological Sur- B–308 Rayburn. vey on Private Sector Job Creation, Hazard Protection, Subcommittee on Labor, Health and Human Services, Mineral Resources and Deficit Reduction’’, 9:30 a.m., Education, and Related Agencies, hearing on FY 2013 1334 Longworth. Budget Request for the Department of Education, 10 Subcommittee on Fisheries, Wildlife, Oceans and Insu- a.m., 2358–C Rayburn. lar Affairs, hearing entitled ‘‘Empty Hooks: The National Subcommittee on Transportation, Housing Urban De- Ocean Policy is the Latest Threat to Access for Rec- velopment, and Related Agencies, hearing on FY 2013 Budget Request for the Department of Transportation reational and Commercial Fisherman’’, 9:30 a.m. 1324 Major Modes, 10 a.m., 2358–A Rayburn. Longworth. Subcommittee on Agriculture, Rural Development, Committee on Small Business, Full Committee, markup of Food and Drug Administration, and Related Agencies, the following: H.R. 3985, the ‘‘Building Better Business hearing on FY 2013 Budget Request for the Commodity Partnerships Act of 2012’’; H.R. 3987, the ‘‘Small Busi- Futures Trading Commission, 10:30 a.m., 2362–A Ray- ness Protection Act of 2012’’; H.R. 4081, the ‘‘Con- burn. tractor Opportunity Protection Act of 2012’’; H.R. 4206, Committee on Armed Services, Subcommittee on Readi- the ‘‘Contracting Oversight for Small Business Jobs Act ness, hearing on the Navy’s readiness posture, 10 a.m., of 2012’’; and H.R. 4203, the ‘‘Women’s Procurement 2212 Rayburn. Program Improvement Act of 2012’’, 10 a.m., 2360 Ray- Subcommittee on Military Personnel, hearing on haz- burn. ing in the military, 1 p.m., 2212 Rayburn. Committee on Ways and Means, Subcommittee on Over- Committee on Energy and Commerce, Subcommittee on sight, hearing entitled ‘‘Internal Revenue Service Oper- Commerce, Manufacturing, and Trade, hearing entitled ations and the 2012 Tax Return Filing Season’’, 9:30 ‘‘Motor Vehicle Safety Provisions in House and Senate a.m., 1100 Longworth. Highway Bills’’, 10 a.m., 2123 Rayburn. House Permanent Select Committee on Intelligence, Full Committee on Financial Services, Subcommittee on Finan- Committee, hearing on ongoing intelligence activities, 9 cial Institutions and Consumer Credit, hearing entitled a.m., HVC–304. This is a closed hearing.

VerDate Mar 15 2010 05:51 Mar 22, 2012 Jkt 019060 PO 00000 Frm 00009 Fmt 0627 Sfmt 0627 E:\CR\FM\D21MR2.REC D21MRPT1 tjames on DSK6SPTVN1PROD with DIGEST D288 CONGRESSIONAL RECORD — DAILY DIGEST March 21, 2012

Next Meeting of the SENATE Following disposition of the House Message to accom- 9:30 a.m., Thursday, March 22 pany S. 2038, Senate will resume consideration of the nominations of David Nuffer, of Utah, to be United States District Judge for the District of Utah, Ronnie Senate Chamber Abrams, of New York, to be United States District Judge for the Southern District of New York, and Rudolph Program for Thursday: After the transaction of any Contreras, of Virginia, to be United States District Judge morning business (not to extend beyond one hour), Senate for the District of Columbia, and vote on confirmation of will continue consideration of H.R. 3606, Reopening the nominations. American Capital Markets to Emerging Growth Compa- nies Act, with votes on or in relation to Reid (for Reed) Next Meeting of the HOUSE OF REPRESENTATIVES Amendment No. 1931 (to Amendment No. 1884), Reid (for Merkley) Amendment No. 1884, and passage of the 10 a.m., Thursday, March 22 bill at 12:30 p.m. Following disposition of H.R. 3606, Senate will resume consideration of the House Message to accompany House Chamber S. 2038, Stop Trading on Congressional Knowledge Act, Program for Thursday: Complete consideration of H.R. and vote on the motion to invoke cloture on the motion 5—Help Efficient, Accessible, Low-cost, Timely to concur in the House Message to accompany the bill. Healthcare (HEALTH) Act.

Extensions of Remarks, as inserted in this issue

HOUSE Holden, Tim, Pa., E399 Reichert, David G., Wash., E407 Hoyer, Steny H., Md., E399 Richardson, Laura, Calif., E404 Adams, Sandy, Fla., E405 Johnson, Timothy V., Ill., E406, E408, E410 Sablan, Gregorio Kilili Camacho, Northern Mariana Clay, Wm. Lacey, Mo., E401, E411 Kinzinger, Adam, Ill., E401 Islands, E409 Clyburn, James E., S.C., E410 Lee, Barbara, Calif., E409 Schakowsky, Janice D., Ill., E407 Coffman, Mike, Colo., E409 McCollum, Betty, Minn., E403 Schilling, Robert T., Ill., E410 Critz, Mark S., Pa., E406 McIntyre, Mike, N.C., E400, E406 Fattah, Chaka, Pa., E405 Michaud, Michael H., Me., E400 Scott, David, Ga., E405 Frank, Barney, Mass., E402 Miller, George, Calif., E401, E411 Sessions, Pete, Tex., E399, E401, E404, E409, E411 Gonzalez, Charles A., Tex., E406 Moran, James P., Va., E402 Terry, Lee, Nebr., E407 Graves, Sam, Mo., E399, E400, E401 Olson, Pete, Tex., E400, E403, E409, E411 Webster, Daniel, Fla., E402, E405 Hastings, Alcee L., Fla., E410 Poe, Ted, Tex., E403 Wolf, Frank R., Va., E408

E PL UR UM IB N U U S The Congressional Record (USPS 087–390). The Periodicals postage is paid at Washington, D.C. The public proceedings of each House Congressional Record of Congress, as reported by the Official Reporters thereof, are printed pursuant to directions of the Joint Committee on Printing as authorized by appropriate provisions of Title 44, United States Code, and published for each day that one or both Houses are in session, excepting very infrequent instances when two or more unusually small consecutive issues are printed one time. ¶ Public access to the Congressional Record is available online through the U.S. Government Printing Office at www.fdsys.gov, free of charge to the user. The information is updated online each day the Congressional Record is published. For more information, contact the GPO Customer Contact Center, U.S. Government Printing Office. Phone 202–512–1800, or 866–512–1800 (toll-free). E-Mail, [email protected]. ¶ The Congressional Record paper and 24x microfiche edition will be furnished by mail to subscribers, free of postage, at the following prices: paper edition, $252.00 for six months, $503.00 per year, or purchased as follows: less than 200 pages, $10.50; between 200 and 400 pages, $21.00; greater than 400 pages, $31.50, payable in advance; microfiche edition, $146.00 per year, or purchased for $3.00 per issue payable in advance. The semimonthly Congressional Record Index may be purchased for the same per issue prices. To place an order for any of these products, visit the U.S. Government Online Bookstore at: bookstore.gpo.gov. Mail orders to: Superintendent of Documents, P.O. Box 979050, St. Louis, MO 63197–9000, or phone orders to 866–512–1800 (toll-free), 202–512–1800 (D.C. area), or fax to 202–512–2104. Remit check or money order, made payable to the Superintendent of Documents, or use VISA, MasterCard, Discover, American Express, or GPO Deposit Account. ¶ Following each session of Congress, the daily Congressional Record is revised, printed, permanently bound and sold by the Superintendent of Documents in individual parts or by sets. ¶ With the exception of copyrighted articles, there are no restrictions on the republication of material from the Congressional Record. POSTMASTER: Send address changes to the Superintendent of Documents, Congressional Record, U.S. Government Printing Office, Washington, D.C. 20402, along with the entire mailing label from the last issue received.

VerDate Mar 15 2010 05:51 Mar 22, 2012 Jkt 019060 PO 00000 Frm 00010 Fmt 0664 Sfmt 0664 E:\CR\FM\D21MR2.REC D21MRPT1 tjames on DSK6SPTVN1PROD with DIGEST