E PL UR UM IB N U U S Congressional Record United States th of America PROCEEDINGS AND DEBATES OF THE 113 CONGRESS, FIRST SESSION

Vol. 159 WASHINGTON, SATURDAY, SEPTEMBER 28, 2013 No. 131 Senate The Senate was not in session today. Its next meeting will be held on Monday, September 30, 2013, at 2 p.m. House of Representatives SATURDAY, SEPTEMBER 28, 2013

The House met at 10 a.m. and was sion by the Republicans in the House fact, isn’t it ironic that having cam- called to order by the Speaker pro tem- about the next step to deal with the paigned against these health care sav- pore (Mr. STEWART). fiscal crisis they have created. ings and losing, PAUL RYAN and the Re- f It is not really that complicated. The publicans include those very savings in Monday deadline approaches to con- their budget? DESIGNATION OF SPEAKER PRO tinue the operation of the Federal Gov- My Republican friends are paralyzed TEMPORE ernment with a shutdown looming be- in part because they’ve adopted a dra- The SPEAKER pro tempore laid be- cause the Republicans have refused to conian budget that actually requires fore the House the following commu- work on a bipartisan basis to resolve savings in the very health plan they nication from the Speaker: the funding issues. want to defund. They claim to want to WASHINGTON, DC, The centerpiece of their rhetoric has reduce government spending; yet they September 28, 2013. been objection to the Affordable Care have refused to allow the House to vote I hereby appoint the Honorable CHRIS Act and their childish insistence that a on the spending bills their budget calls STEWART to act as Speaker pro tempore on program that has been approved by for. this day. Congress, President Obama reelected We have been waiting for 2 months to JOHN A. BOEHNER, finish the transportation and housing Speaker of the House of Representatives. defending it, and validated by the Su- preme Court, that somehow this bell spending bill. They got halfway f can be un-rung. through it on the floor of the House, MORNING-HOUR DEBATE Billions have already been spent, and they realized that their own Mem- The SPEAKER pro tempore. Pursu- hundreds of thousands of people are bers wouldn’t vote for it because it was ant to the order of the House of Janu- working to make the reform oper- so awful, and they stopped. They didn’t ary 3, 2013, the Chair will now recog- ational, and it seems to be working. even bother to bring the Interior nize Members from lists submitted by Better prescription drug benefits for spending bill to the floor. the majority and minority leaders for senior citizens are putting more money If their budgets are so bad that their morning-hour debate. in their pockets. Children under the own Members won’t vote for them, The Chair will alternate recognition age of 26 have been able to stay on they shouldn’t throw a tantrum, between the parties, with each party their parents’ policies. threaten to shut down the government, limited to 1 hour and each Member Beginning Tuesday, enrollment or destabilize the global economy by other than the majority and minority starts for the exchanges, and on Janu- playing games with the debt ceiling. If leaders and the minority whip limited ary 1 it goes live with better health in- they’re afraid to have their own Mem- to 5 minutes each, but in no event shall surance. People can’t be refused insur- bers vote on their spending bills, debate continue beyond 11:50 a.m. ance for preexisting conditions. There shouldn’t they allow a conference com- f will be no lifetime limits on benefits. mittee between the House and the Sen- Health insurance will be more afford- ate to resolve budget differences? CONTINUING RESOLUTION AND able with subsidies for millions, and That’s how the system is supposed to DEBT CEILING there will be more competition for all. work. The SPEAKER pro tempore. The These provisions are overwhelmingly They whine the President won’t ne- Chair recognizes the gentleman from supported by the American public. gotiate with them. How is the Presi- Oregon (Mr. BLUMENAUER) for 5 min- The health insurance program will dent supposed to deal with people who utes. save billions of dollars for the Federal are unwilling to face up to the con- Mr. BLUMENAUER. Mr. Speaker, we Government, reducing the deficit. sequences of their own irresponsible are here in the Capitol awaiting a deci- That’s the judgment of the CBO. In budgets or refuse to allow Congress to

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

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VerDate Mar 15 2010 23:36 Sep 28, 2013 Jkt 029060 PO 00000 Frm 00001 Fmt 0636 Sfmt 0634 E:\CR\FM\A28SE7.000 H28SEPT1 smartinez on DSK6TPTVN1PROD with HOUSE H5926 CONGRESSIONAL RECORD — HOUSE September 28, 2013 work the process to establish a con- nesses are saving profits. This isn’t the vate sector, believes in entrepreneur- sensus budget by having a conference sign of a rebounding economy. ship, and believes in people getting committee? How are Democrats sup- Despite this, in his public address to checks and lets everyone feel good posed to deal with the Republicans as the Nation, President Obama said the about themselves. they up the ante, seeking to damage economy has gained traction and con- We should never accept 7.6 percent as the American people by cutting off tinued to place the blame on Congress. the normal level for unemployment. vital services in a shutdown? How do What the American people need to hear We should never accept a 15 percent you deal with Republicans who are are solutions, not sound bites. As a poverty rate. We should never accept willing to default on paying America’s business owner, I know what it takes $2.5 billion in free cell phones. We debt, breaking our moral and legal ob- to create jobs. I live it every single should never accept 15 percent under- ligations, and risking not just Amer- day. employment. We should never accept 52 ica’s, but the world’s, economy? First, we need true tax reform. Lower percent of our college graduates who Earth to my Republican friends: taxes mean more taxpayers and more are either underemployed or can’t get a America pays its bills. Always has, al- income. More specifically, we need to job. And we should never accept an ways will. It is the height of hypocrisy cut taxes for all taxpayers across the economy that creates more food to blame this on the President, the Af- board and quit picking winners and los- stamps than jobs. fordable Care Act, or the Democrats. ers. It is time to wake up, America. Big We wait breathlessly to see if the Re- The first step in doing this is cutting Government has taken a toll on our publicans can agree to have anything the corporate tax rate, the personal tax families, our businesses, and our budg- to be voted on today; but the American rate, the capital gains tax, the divi- ets. Let’s get back to regular order in people should insist that if my Repub- dends tax, and eliminate forever the in- Washington and start passing respon- lican friends are serious, they should heritance tax. sible budgets that give our Nation bring their own budgets to the floor, The next step is to begin a dialogue much-needed certainty and security. allow the process to work to have a on whether we should move to a fair or Businesses and families do it every sin- conference committee between the a flat tax. Either one of these is cer- gle day. House and the Senate to reconcile our tainly better than what we have today. There is no question that America is differences. Then we can act like Second, we need to change health the greatest country in the world. In grownups, not children throwing tan- care policy. With the addition of the unforgettable words of Abraham trums, and we wouldn’t need to threat- ObamaCare, the government now com- Lincoln: en the global economy over the debt prises one-sixth of the Nation’s econ- America is the last best hope of Earth. omy. This is a complete travesty, and ceiling. Let’s keep it that way by believing in the private sector must be given more f the people and not the Federal Govern- control of health care, not the Federal ment and not Big Government. Let’s CONTINUING RESOLUTION Government. The SPEAKER pro tempore. The Consumers should be able to shop say good-bye to ObamaCare, the larg- Chair recognizes the gentleman from across State lines, which will create est takeover of the people by the gov- ernment we have ever seen in our his- Texas (Mr. WILLIAMS) for 5 minutes. more competition. As a result, pre- Mr. WILLIAMS. Mr. Speaker, yester- miums would go down and services go tory. day, the President yet again chose to up. That’s what competition does. Con- It is truly our generation’s Valley bash Congress and blame the House Re- sumers also need to own their own Forge. Let’s be shepherds and not publicans for the failure of America’s health care, not their employer, and sheep, and let’s be patriots and not vic- economy. I have seen him make this not the Federal Government. It needs tims. In God we trust. argument on television many times, to be tax deductible. It needs to be f but he never shows up on Capitol Hill portable so you can take it with you if LET’S PASS A SOUND BUDGET to actually engage in productive con- you retire, you lose your job, or move versations. He does talk, however, to around. The SPEAKER pro tempore. The the Russians, the Chinese, and the Ira- Third, we need to energize the energy Chair recognizes the gentleman from nians. This is no surprise. This is the business and not penalize the energy New York (Mr. TONKO) for 5 minutes. same man who spends more time with business. Let’s favor an all-American Mr. TONKO. Mr. Speaker, I have one Hollywood stars than Members of Con- approach for all sources of energy and basic question: What are we doing gress. let the private sector drive our energy, here? I mean just that. What are we It is not Congress that will shut our not our government. We do this by re- really doing here? government down—it’s our President. I ducing regulations, letting the indus- Each day we talk about problems, would argue that he already has shut try drill, and promoting the advance- problems, the real problems that face the government down. Five years ago, ment of safe nuclear and alternative our country that are fixable with com- unemployment was at 5 percent and energy sources. Let the private sector promise and clearheaded solutions. the national poverty rate was at 121⁄2 tell us where to go. Each day, this Chamber does nothing percent, and approximately 30 million Developing our domestic energy to overcome those challenges in front Americans received food stamps. sources will undoubtedly lower energy of us. Each day, the American people Today, unemployment sits at 7.6 per- prices for families and businesses. think we can’t sink any lower or be cent, the poverty rate exceeds 15 per- Finally, we need to ensure America any more dysfunctional. cent, a staggering 47.8 million Ameri- remains the world’s superpower with a Right now, there’s talk about passing cans are enrolled in the food stamp strong and well-equipped military. Our a 1-week budget to simply provide the program, and 48 million people between men and women in uniform must have time for elected officials—people the ages of 18 and 64 have not worked the best equipment and must have the charged with running the government one day in the last 12 months. best training to fight for our freedom of this great Nation of ours—to get The President’s economic agenda is and our liberty. along for enough time to pass yet an- only pushing us further into danger, It shouldn’t even be an option to bal- other extension. Say it isn’t so. One and it’s a disaster. For more than four ance our Nation’s books on the backs week. There are lemonade stands with decades, I have owned my business and of our military. Doing so diminishes better budgeting practices than what I can say with certainty that today’s our military’s readiness and threatens we have seen in this body in the past 2 economy is the toughest economy our our national security, and it simply years. country has seen from a small business shows weakness across the world. This is unacceptable, this is absurd, standpoint. These are real solutions. They will and it certainly is not what the Amer- Everything from health care to taxes allow businesses big and small to in- ican people deserve from any layer of to regulations is killing businesses and vest, to take risks, and they also will government, especially their Federal forcing job creators to play defense. be rewarded. They show that the Fed- Government. Let’s get this done. Let’s Rather than generating profits, busi- eral Government believes in the pri- pass a budget, a budget that cuts where

VerDate Mar 15 2010 23:36 Sep 28, 2013 Jkt 029060 PO 00000 Frm 00002 Fmt 0636 Sfmt 0634 E:\CR\FM\K28SE7.002 H28SEPT1 smartinez on DSK6TPTVN1PROD with HOUSE September 28, 2013 CONGRESSIONAL RECORD — HOUSE H5927 we can, that invests where we must, that finds us at the midnight hour, For the interest of my colleagues, that grows jobs, and ends the painful searching for answers in the most un- Mr. Speaker, I will just walk through consequences of sequestration. usual format that will resort to yet an- some of these points. The absolute misery here is that all other kicking of the can down the road, One of the reasons they want it is of this dysfunction could have been that would use the smoke and mirrors that the President wants control of the avoided. We could have avoided the to balance a budget for some uncertain checkbook. Right now, the U.S. House reach to yet another kicking of the can period of time, that doesn’t provide the of Representatives has that control, down the road if we would come to- predictability to the business commu- and we want to keep it. We don’t want gether at the conference table and do a nity or to the working families of this a government shutdown. We want to real budget. We could reach through a Nation. The partnership with their keep the government open and keep budget process; we could reach to reg- government should be real. It should be cutting it. We want to keep the govern- ular order. stated in terms that allow for the re- ment open so we can delay, defund, re- With many of my colleagues, I have spect of businesses to invest and hire peal, and replace ObamaCare. This urged them that the leadership in the and be productive. budget process of going into a shut- House resort to naming the panelists We have had a plan in this House down gives control to the administra- who will sit at that conference table to coming from the Democrats. Rep- tive branch. realize regular order through a budget resentative VAN HOLLEN has introduced There is another little tidbit when process, a real budget process. That re- a plan that will reduce the deficit in you read this circular, and it directs quest has been turned down time and greater fashion and will avoid the pain- you to the 2011 revision of Circular No. time again. The statements made in ful consequences of sequestration. A–11. OMB’s current instructions would the past were, Well, the Senate hasn’t f have agency heads use the Department moved on a budget, or We haven’t of Justice opinions. I can tell you the PROTECTING THE FINANCIAL SOL- American people and a Republican-led heard from this entity about what VENCY OF THE UNITED STATES their plans are. House do not want Eric Holder and The SPEAKER pro tempore. The Well, the truth be told, this year, the Barack Obama making the determina- Chair recognizes the gentlewoman from United States Senate passed its version tion of who and what will be open in Tennessee (Mrs. BLACKBURN) for 5 min- of a budget. This House passed its this Federal Government, what will be utes. funded and what agencies are going to version of a budget. The President and Mrs. BLACKBURN. Mr. Speaker, I his administration have advanced their be working. We don’t want to give want to begin my remarks with a cou- them that responsibility. I know they fiscal blueprint for the coming fiscal ple of comments about the budget proc- year. want that. I know they’re trying to get ess. I think my colleagues could be a a government shutdown, but I have to b 1015 little bit confused on this. tell you that that is not what we want. The entities have spoken. The proc- I will remind my colleagues that it is What we are for, as I said, is of mak- ess needs to be addressed and re- this body that every single year meets ing certain that we protect the future spected. We need to bring those panel- our statutory duty and our constitu- and the financial solvency of this great ists to the conference table—those who tional duty to bring forward a budget Nation. One of the reasons we have will represent Republicans and Demo- that funds the operations of the United worked so diligently on a budget for States of America. We do not miss our crats in the House of Representatives this body is that we know the cost and deadlines, and this year, we did it. I and in the United States Senate—to the impact that ObamaCare is going to know that the White House did their come to terms, to develop the com- have on the Nation’s fiscal health, and Sweet 16 bracket before they did their promise in the spirit by which our we are very concerned about it. We see budget, but we were still pleased to see Founding Parents developed this won- what is happening in our communities. that they were willing to participate in derful blueprint of a Republic, guided I just want to reference some of the that process, and we were pleased that by the democracy. correspondence and conversations I am our friends in the Senate, for the first Why are we rejecting that oppor- having with my constituents in Ten- time in 5 years, decided they would tunity? nessee. enter into the budget process. Yesterday, I spoke with a gentleman A sound budget could allow us to es- We were very disappointed, quite who went to a check cashing store, bor- cape the terrible consequences of se- frankly, when they said they would not rowed $400, started a retail business, questration. move to the conference table with us now has 45 employees in five loca- I have witnessed what that seques- until we agreed to a tax increase. That tions—a great business. What he is tration has meant in my own district. is what they want—an agreement to a looking at is he can’t expand. He can’t During our 51⁄2-week district work pe- tax increase in this kind of economy hire anybody else. He is having to deal riod, I visited with many of those Head and with about 8 percent unemploy- with all of the hoops that really weigh Start programs, with Early Interven- ment and with 20 million Americans ei- this business down, and it is because of tion, with nutrition programs, with ther un- or underemployed? They want ObamaCare. food banks that address the nutrition more taxes—more control over people’s f needs of the people of this great Na- lives? We were not willing to do that. tion. I have worked with the small We are continuing to stand and fight COMPROMISE business community to understand for the American people—for respon- The SPEAKER pro tempore. The more fully what the impact of seques- sible government, for getting this Chair recognizes the gentleman from tration might mean to them—cuts to budget balanced within the next dec- Connecticut (Mr. HIMES) for 5 minutes. research, to programs that have fur- ade, and for getting this country back Mr. HIMES. Mr. Speaker, I am happy loughed my Federal employees if given on the road to fiscal health. to be able to follow the rank, partisan the opportunity to serve this Nation I will also remind my colleagues that remarks of Mrs. BLACKBURN’s, because through their workforce. one of the things we continue to hear I wanted to speak this morning on the All of that consequential damage from this White House and this admin- subject of compromise. could be avoided if we would resort to istration is that they want a govern- Compromise is not an easy subject to the soundness of the tool called the ment shutdown. Now, they try to speak on because, of course, we all ‘‘budget.’’ The sequestration issue is blame us—we realize that—but I’ve got have it in our minds here that the painful. It’s a hidden attack. It’s mind- to tell you that I’ve got a titanium right thing to do is to lead great ideo- less, thoughtless, and it has pervaded backbone. Let them blame. Let them logical battles—to stand unbending by itself into the fabric of our commu- talk. It’s fine. They want a government your principles, to stand up for what nities—into the quality of life of the shutdown. For my colleagues, I would you think is right—and it is the right people who place within us the trust to direct their attention to the Congres- thing to do to stand up for what you be their voice in Washington. sional Research Service for the sum- think is right. So we need to do better than this pa- mary of what happens in a government Compromise is a hard thing to dis- ralysis that has stalled the process shutdown. cuss because, of course, those on the

VerDate Mar 15 2010 23:36 Sep 28, 2013 Jkt 029060 PO 00000 Frm 00003 Fmt 0636 Sfmt 0634 E:\CR\FM\K28SE7.004 H28SEPT1 smartinez on DSK6TPTVN1PROD with HOUSE H5928 CONGRESSIONAL RECORD — HOUSE September 28, 2013 fringes, those on the extreme—those growth is to put in place savage cuts differences of opinion between the two who are unbending—will accuse us of that will fire teachers and firefighters Houses of Congress and within the two not standing by our ideals if we com- and nurses, because that will help—de- Houses of Congress. In this case, there promise; but the fact is that most, if spite all evidence to the contrary. shouldn’t even be much to resolve. All not all, of the accomplishments in the These are people who believe that the of us want to see the government stay history of this country that have been storms and the tornadoes that have open. All of us want to see the govern- achieved by the United States Congress ravaged just about every State in this ment’s credit preserved. All of us want have been achieved through com- country have absolutely nothing to do to see Americans protected from losing promise. with climate change—despite all evi- health plans that they want to keep or Let’s talk for a moment about one of dence to the contrary. These are people from being socked with crushing pre- the reasons I am happy to represent who believe that ObamaCare today is mium increases or from losing their the State of Connecticut. doing great damage to this Nation—de- jobs or from having their hours cut The Congress in which Mrs. BLACK- spite all evidence to the contrary. back. BURN and I serve—the very structure These are people who don’t believe that b 1030 and architecture of that Congress—was the President of the United States was formed by something known as the born in this country—despite all evi- If we’re all agreed on these objec- Connecticut Compromise of 1787, when dence to the contrary. tives, isn’t the appropriate course self- Roger Sherman and a group of people So much could get done—comprehen- evident? Senator MANCHIN seems to who disagreed on stunning issues of the sive immigration reform, a budget that have laid it out very clearly the other day—and some of the people who were looks a little something like the Simp- day: a temporary continuing resolution disagreeing were inviting foreign pow- son-Bowles’ budget for which I voted. to keep the government open, a tem- ers in to stand with them—came to- So many things could get done, Mr. porary increase in the debt limit while gether and said, Do you know what? We Speaker, if the gentleman from Ohio we complete the normal appropriations will have a bicameral legislature—a would set aside this small rump group process, and a temporary delay in Senate and a House—that will balance of dead-enders and say, We will govern. ObamaCare until the unintended con- the big States and the small States. We will govern this Nation in the tradi- sequences of its mandates can be cor- And Roger Sherman’s statue is here tion of Roger Sherman, of James Madi- rected. in the Capitol. son, of Thomas Jefferson by listening Is that so unreasonable? By the way, the capital is here be- After all, this administration has al- cause Madison and Jefferson and others to the other side, by shutting down the extremes and by thinking about the ready exempted big corporations and of our Founding Fathers made a com- more than 1,000 politically connected promise in which they said the Federal long-term interests of this great coun- try. groups from ObamaCare mandates. Government will assume the remaining More revealingly, the administration f Revolutionary debt of the States in ex- has protected Members of Congress change for putting the capital in the A COMMON COURSE FOR COMMON from its crushing costs. That ought to Southern States. Compromise is how GOALS be the ultimate wake-up call. If Mem- we get things done around here. The SPEAKER pro tempore. The bers of Congress can’t afford to meet For those who might challenge my ObamaCare’s costs, how do we expect own credentials on compromise, I will Chair recognizes the gentleman from California (Mr. MCCLINTOCK) for 5 min- the average American to do so? Why point out that I was one of 38 Members not give everybody the same relief by of this body—less than 10 percent of utes. Mr. MCCLINTOCK. Mr. Speaker, a delaying these mandates until the law the House of Representatives—who can be replaced with provisions that voted for the Simpson-Bowles’ budget. crisis is not a good time for inflam- actually fulfill the promises made to Everyone else said, No, I am not going matory rhetoric or ad hominem at- the American people when it was en- to compromise because that’s too dif- tacks. I believe that my colleague from acted. ficult. Connecticut just missed the mark a So what about the crossroads at moment ago when he threw out terms I don’t like continuing resolutions at which we find ourselves today—the such as ‘‘dead-enders’’ and ‘‘extrem- all. The Congress has a responsibility possibility of a government shutdown ists.’’ I will simply say that, yesterday, to superintend the Nation’s finances, that would hurt our economy and cer- the President missed an opportunity to and it’s developed an appropriations tainly hurt an awful lot of Americans bring both sides together. That respon- process that requires painstaking re- and the even more egregious possibility sibility now rests solely with us. view of every expenditure of this gov- that we would not honor the full faith Nobody on the Republican side of the ernment. That review involves count- and credit of the United States Govern- aisle wants to see a government shut- less hours of committee work, scores of ment for the very first time in our 240- down or a credit default—let’s make hours of floor debate, and hundreds of year history? that clear—and I am confident that no- individual amendments. Continuing Is this a great national battle be- body on the Democratic side wants to resolutions cast aside this work and tween North and South? between Re- see millions of Americans lose the abandon Congress’ responsibility over publicans and Democrats? health plans they were told they could the Nation’s finances. They shift enor- No, it is not. It is something far more keep or see their health care costs sky- mous authority to the executive unnecessary and uninspiring. rocket or lose their jobs or work hours branch that the Founders never in- On one side of this debate, we have because of the unintended con- tended. I had hoped to be done with got, actually, the majority of Repub- sequences of ObamaCare, but these continuing resolutions. licans and the majority of Democrats events that nobody wants to see are Those who enacted ObamaCare no who say, Let’s come together. Let’s not now unfolding. They will do great dam- doubt hoped it would lower health care bring an unnecessary crisis to our age to our Nation that nobody wants to costs and help the economy. Sadly, country—a manufactured, artificial see happen. events in this imperfect world can crisis. Let’s compromise. On the other If we agree on these fundamental often disappoint and transfigure our side, you’ve got a handful of, maybe, issues, our course should be clear, and fondest hopes. We’ve not completed the three or four Senators and of maybe 30 it is only blocked by the kind of par- appropriations process. We need addi- or 40 Members of the House of Rep- tisan division that we heard yesterday tional time to do so, and we need to resentatives who are so possessed of from the White House and a few mo- correct the damage being done to exist- the Lord’s wisdom—they so embody ments ago. We can avert these calami- ing health plan holders and employees the tradition of our Founding Fa- ties and redeem this institution if we of ObamaCare. If we could all agree on thers—that they will listen to no one, can put aside the name-calling for a these objectives, then our course and they will refuse to compromise. few days and get down to business. should be clear to all of us. We should But who are these people? The good news is we have a process of fund the government long enough to These are people who believe that the government that has evolved over cen- complete the normal appropriations best way today to spur economic turies that is very good at resolving process, and we should delay

VerDate Mar 15 2010 23:36 Sep 28, 2013 Jkt 029060 PO 00000 Frm 00004 Fmt 0636 Sfmt 0634 E:\CR\FM\K28SE7.006 H28SEPT1 smartinez on DSK6TPTVN1PROD with HOUSE September 28, 2013 CONGRESSIONAL RECORD — HOUSE H5929 ObamaCare long enough to preserve gether a real budget. At its core, that’s Mr. FITZPATRICK. Mr. Speaker, I the jobs, working hours, and existing what we need to do. The number one rise first to thank my colleague and health care policies of the millions of job for elected officials, for all of us in friend from California (Mr. BERA), for Americans who are now losing them. this body, is to put together a real recognizing that in divided govern- So let’s cool the rhetoric and do what budget that takes the best Democratic ment, which we’ve had in the past, it’s this institution is designed to do: come ideas and the best Republican ideas, important that we sit down and resolve together in support of the objectives puts them together and puts the Amer- differences and we negotiate. upon which we all agree for the good of ican people first. He correctly pointed out that Presi- the Nation and the people who have en- We can listen to all of the rhetoric dent Reagan, in the 1980s, was willing trusted us with its care. that says the House has passed a budg- to and quick to negotiate with then- f et and we did it on time, the Senate Speaker of the House Tip O’Neill, and has passed a budget, the President has they accomplished great things. They GOVERNMENT SHUTDOWN passed a budget. The sad fact is all reformed the Tax Code in 1982. In 1986, The SPEAKER pro tempore. The three budgets are different. How do you they reformed Social Security by Chair recognizes the gentleman from operate a business like that? How do working with Tip O’Neill and Senator California (Mr. BERA) for 5 minutes. you manage your household like that? Moynihan from New York. Twelve Mr. BERA of California. Mr. Speaker, Let’s act like adults, and let’s go to years later, President Clinton was will- in 3 days, this body threatens to shut conference. Let’s take those three ing to sit down and speak with then- down the government. budgets, let’s figure out a solution and Speaker of the House Newt Gingrich, A government shutdown is going to a compromise and agree on one budget, and they performed important things affect millions of Americans. A govern- and then bring that back to this body. for this country. They reformed wel- ment shutdown is going to affect mid- Yes, the Senate passed a continuing fare and balanced the budget. Those dle class families at a time when our resolution. Mr. Speaker, I urge you to things weren’t easy. Those things took economy is slowly recovering, at a bring it to this body today. Give us a resolution. It took resolve and willing- time when people are just starting to chance to vote up or down. If you don’t ness to sit down and talk with each feel a little bit better about their home like that resolution, then the Repub- other. values, at a time when my constituents licans who control the House will vote Here we are in the year 2013, and in Sacramento County are just now down on it. But give us a chance to many of us on this side of the aisle are starting to feel a little bit better. vote up or down. That’s how this feeling like we don’t have government Mr. Speaker, we can avoid this. Let’s should work. that’s willing to sit down and nego- do what our history has shown us we The Senate has passed a farm bill tiate. As a matter of fact, this morning can do. President Ronald Reagan was that is important to this country and in The Hill it is reported in a headline able to work with Speaker Tip O’Neill it’s important to my constituents in that says: ‘‘Obama to Republicans: I and get something done. That’s what California and Sacramento. Give us a will not negotiate.’’ So here we are at happens in divided government. Presi- chance to vote on that bill up or down. the eleventh hour ready, willing to dent Bill Clinton was able to work with That’s how government should work. compromise, to negotiate with a Com- Speaker Newt Gingrich and get some- We’ve got to start coming together. mander in Chief and Chief Executive thing done. That’s what happens in di- There is a group of us that are work- that will not negotiate with us. vided government. You work together. ing together. I’m a leader of a group What you need in order to com- You listen to each other. You don’t called ‘‘The Problem Solvers.’’ It’s now promise many times is time and space, play this blame game. You act like up to 83 Members. It’s Democrats and and I’m here today, Mr. Speaker, to ex- adults. Republicans. We don’t agree on every- press my support for delaying the Af- Let’s start talking and let’s start lis- thing, but we listen to one another. We fordable Care Act by at least 1 year. tening to one another. That’s what the put our ideas forward. We want govern- Since the law’s passage, time has American public wants. They want ment to work. We want to fix prob- shown that the Affordable Care Act is a Democrats and Republicans to bring lems, not fight. We want to actually misguided effort which has divided their best ideas forward, put those take those ideas. Americans on the common goal of af- ideas on the table, and put the people One of the first bills that I passed fordable access to world-class health first. It’s not that hard to do. That’s and I cosponsored was No Budget, No care, as opposed to bringing us to- what we teach our kids to do. That’s Pay, which says if we don’t actually gether to rise to the challenges that we what we do for those of us that have put a budget together, why should face as a country. worked in the private sector. That’s Members of Congress get paid? Nobody What has most of us deeply troubled what American families do every day. else in America gets paid if they don’t is that not only will the law leave over They learn how to work together. do their job. This body is not doing its 30 million Americans uninsured and The House is controlled by Repub- job. No Budget, No Pay, we passed it. forced to pay a tax, but it is forcing licans, the Senate is controlled by The Senate passed it and the President physicians to fundamentally question Democrats, and President Obama was signed it into law. Let’s actually pass a the nature of their profession and its reelected as a Democratic President. budget. If we get 2 months, if we get 3 pursuit. This is divided government. Mr. Speak- months in funding the government, The role of the doctor fundamentally er, sit down with the President, sit let’s use those 3 months wisely to pass changes under this law. As opposed to down with the leadership, put the best a budget. The public is watching. being healers, doctors are now bureau- ideas forward, and compromise. We Here are three things that we could crats. The law erodes the core of Amer- can’t operate in a my-way-or-the-high- do: number one, go to a conference ican medicine, defined by exceptional way mentality, a winner-take-all men- committee. The Senate has appointed medical care practiced by highly tality because that’s killing this coun- folks to talk about their budget. The trained experts who are driven to inno- try. House has not appointed those folks. vate and improve for the common good. The public is watching. In these next Let’s get this done, and let’s start mov- Instead, this law leads to medicine by 3 days, I hope this body acts like adults ing America forward and relieving the bureaucrat and checking off boxes. and we don’t start playing the blame debt burden on our kids and grandkids. As for the 30 million who will remain game and saying, Oh, it’s the Repub- We can do this. The public is watching. uninsured under the law’s design, they licans’ fault; oh, it’s the Democrats’ Three more days. will continue to be left outside the fault. That’s not going to get us any- f health care system. Compounding mat- where. ters, the law also creates countless Yesterday, the Senate passed a con- OBAMACARE newly uninsured Americans, something tinuing resolution to keep the govern- The SPEAKER pro tempore. The the President told us would not hap- ment funded for 2 months. That isn’t a Chair recognizes the gentleman from pen. But it is happening in the Eighth solution, but at least it gives us 2 Pennsylvania (Mr. FITZPATRICK) for 5 Congressional District of Pennsyl- months to act like adults and put to- minutes. vania, with workplaces struggling to

VerDate Mar 15 2010 23:36 Sep 28, 2013 Jkt 029060 PO 00000 Frm 00005 Fmt 0636 Sfmt 0634 E:\CR\FM\K28SE7.008 H28SEPT1 smartinez on DSK6TPTVN1PROD with HOUSE H5930 CONGRESSIONAL RECORD — HOUSE September 28, 2013 deal with the law’s overreach and the trying to deny the existence of this enormous national debt, which is al- law’s burdens. law. That is amazing. ready nearly $17 trillion. In the last 4 Additionally, former President Clin- b 1045 years, Congress has raised the debt ton has highlighted another 500,000 limit seven times; and, today, the debt Americans who will become uninsured As a matter of fact, it’s real. It’s for every man, woman, and child aver- due to the President’s health care law: passed. It’s been affirmed. And it’s ages over $53,000 per person. children. He’s referring to it as the going to stay. Mr. Speaker, families and small busi- ‘‘family glitch,’’ where the law’s com- My county government, Cook County nesses from across the United States plicated formula removes children government, has already, with a waiv- are forced to live within their means. from their parents’ health insurance, er, signed up more than 100,000 people, The Federal Government should be leaving them without coverage. Fur- just waiting to get enrolled into its held to the same standard. If my thermore, nearly one-third of those county care program—100,000 people, friends back in my home State of Mis- children will not qualify for Medicaid none of whom will have to worry about souri can successfully balance their or for CHIP. Glitch? This is a catas- preexisting conditions; 100,000 people in budgets each year, we should be capa- trophe. Both the intended and the un- Cook County, none of whose children ble of doing the right thing here in intended consequences of the law are under 26 will have to worry about hav- Washington, D.C. That is why I intro- far-reaching and will not be fully un- ing health insurance coverage because duced an amendment to the Constitu- derstood until this week as Americans they can have it on their parents’ poli- tion to require the government to begin to live under this new system. As cies; 100,000 people, none of whom will produce a balanced budget each and was said during the health care debate have to worry about running out of every year. by the law’s supporters, ‘‘We have to benefits; 100,000 people in Cook County, Mr. Speaker, I look forward to work- pass the law to find out what’s in it.’’ one county, who will have their own ing with all my House and Senate col- That is the prevailing attitude by peo- primary care physician, who will be leagues to pass a budget, to balance a ple in the Beltway who have continued able to see a doctor and go to the clinic budget, and to reduce our national to put themselves between patients and on a regular basis. debt. doctors, workers and workplaces, stu- But that’s nothing compared to the [From the Wall Street Journal, Sept. 24, dents and teachers, and families and more than 30 million people in this 2013] their faith time and time again. country who, for the first time in their HAPPY DEFICIT DAY, UNCLE SAM One of the keys to our Nation’s suc- lives, will have health insurance cov- (By James R. Harrigan and Antony Davies) cess is the manner we have adopted to erage. I hear all of the discussions ‘‘Deficit Day’’ is here again, marking the solve problems. It is hardwired into our about the negative impact. Well, you day the U.S. government runs out of money culture of freedom. Americans believe ask a person in need of health care who and begins adding to the nation’s already- we can solve our own problems and are has never been able to get it how much enormous debt. Despite the $2.7 trillion the more apt to work together when we of a ‘‘negative impact’’ it’s going to federal government collects every year from Americans in the form of income, payroll, know the solutions lie in our hands, have on them. I agree that the Senate has passed a corporate, estate and excise taxes, as well as not in somebody else’s. This is what tariffs, fees and other sources, on a calendar makes America exceptional. continuing resolution which does not year basis the money runs out Sept. 25, at While many of us agree that there is fund the government for the extended around 3 p.m. some good in the law, there is no tell- period of time that we’d like to see and Washington is spending at the rate of over ing what else we’re about to find out need to see. But I can tell you, I would $10 billion per day and from this point until about the health care law and its im- rather have that than to have people Dec. 31 every dollar it spends will add to the pact on families, workplaces, and the worrying and wondering whether nation’s debt—which is already nearly $17 they’re going to be able to see a doctor trillion. (This is a separate calculation from economy. That’s the problem, Mr. the overall federal debt limit, which will be Speaker, in a nutshell. As Congress when they need to see one or go to the reached in the next few weeks.) struggles to deal with the costs, and hospital or take their child to a regular The closer the government comes to bal- presumably, the unintended con- doctor rather than having to go to the ancing the budget, the further it pushes Def- sequences of the health care law, emergency room. icit Day toward the end of the year. So it’s Americans need answers and they need So I would urge my colleagues, let’s good news that the federal government runs answers now. At a minimum, glaring be in agreement with the Senate. And out of money 16 days later this year than deficiencies like these are reasons for let’s move right now, today—and if not last. But the underlying reality is much less today, tomorrow—to pass a continuing rosy: Despite the repeal of the payroll-tax pause. All policymakers, including the cut—a move that cost the average American President, should take a step back and resolution that keeps our government family $1,000 this year—there are still 97 delay the law’s implementation for at funded. days left in the year for which the federal least a year to ensure that Americans f government has no income. are being helped and not hurt. Income, or no income, the government cer- DEFICIT DAY tainly won’t stop spending. f The SPEAKER pro tempore. The This is not fiscal responsibility. Through OBAMACARE Chair recognizes the gentleman from the payroll tax, the government has simply raised tax revenues at the expense of people Missouri (Mr. SMITH) for 5 minutes. The SPEAKER pro tempore. The who are already overtaxed. Had the govern- Chair recognizes the gentleman from Mr. SMITH of Missouri. Mr. Speaker, ment simply held spending constant from Illinois (DANNY K. DAVIS) for 5 minutes. Deficit Day is the symbolic day each last year, Deficit Day would have been shift- Mr. DANNY K. DAVIS of Illinois. Mr. calendar year when the Federal Gov- ed 30 days into the future, not 16. But a poli- Speaker, I believe that Obama does, in ernment runs out of money and begins tician with more money in his hand is a poli- fact, care, and that care is evidenced adding to the already enormous debt. tician who will soon be on a spending spree. by the fact that we passed the most Despite the $2.7 trillion the govern- In the 54 years since 1960, the federal gov- major piece of health legislation that ment is estimated to collect this year ernment has managed to achieve a unified budget surplus only six times. And what, you we have done since the mid-1960s, since from taxes, tariffs, fees, and other may ask, is a ‘‘unified budget?’’ It’s when the Medicare and Medicaid. sources on a calendar-year basis, the government treats the $33 billion that it will So it’s amazing to me that I continue money ran out this past Wednesday, borrow from Social Security this year the to hear colleagues in both the House September 25. same way it treats tax revenue, instead of and the Senate who are attempting to As the debt limit approaches in mid- the debt it is. Imagine borrowing from your deny the existence of this legislation, October, the Federal Government con- IRA while you are still working and calling legislation that was passed by both tinues to spend money it does not have the borrowed money income. The govern- Houses of Congress, signed into law by on things that Americans do not want. ment managed to get by without such a fudge only six times in half a century. the President of the United States of Washington is projected to spend over This year’s Deficit Day of Sept. 25 is the America, upheld by the Supreme Court, $10 billion per day; and from this point fifth earliest we have had since 1960, which which says that it is indeed constitu- until December 31, every dollar that it puts current spending in grim perspective. tional, and still there are colleagues spends from this point on adds to our Since 2009, though, Deficit Day has actually

VerDate Mar 15 2010 23:36 Sep 28, 2013 Jkt 029060 PO 00000 Frm 00006 Fmt 0636 Sfmt 0634 E:\CR\FM\K28SE7.009 H28SEPT1 smartinez on DSK6TPTVN1PROD with HOUSE September 28, 2013 CONGRESSIONAL RECORD — HOUSE H5931 crept steadily forward at the rate of about proaching this coming Monday—on our changes. Delay after delay after delay. two weeks per year. If that trend continues, fiscal year budget, the farm bill, as Yes, we need delays because it isn’t we can expect Deficit Day to hit Dec. 31, fi- well as what we see impending with the working. nally, in about eight years. But that’s as- Obama health care takeover of the ex- Instead, we hear threats: Govern- suming Washington can go eight years with- out instituting any new spending. changes implementation. ment shutdown; you, Republicans, are In a fiscally responsible world, the $2.7 tril- What do we have a lot of around doing this; you are doing that. lion in taxes the federal government will col- here? Drama. Lots of drama—from the Mr. Speaker, let’s stop the drama and lect this year would provide a hard limit on left, from my colleagues on the other get to the real solutions. Let’s do the spending. But in the world our leaders have side of the aisle; from the press, saying, math on the Obama health care take- created, the federal government will spend government shutdown, government over, how it’s not going to work. Let’s over 35% more than this in 2013. After that it shutdown. My daughter, who is in do the math on how CRs are not really will just keep right on spending money it school, she tries to avoid drama at a solution but a temporary measure. does not have, passing the debt and the hard school with her friends and, instead, Let’s do the math on moving toward a political choices to citizens yet unborn and stick to what she knows she needs to politicians yet unelected. truly balanced budget sometime in the There are only a few possible eventual out- get done. future, which the Republican House comes if this continues: The government will Yet around here, that’s a pretty big has offered but doesn’t seem to be com- either print money to pay for its deficits, byproduct. We need to be working on a ing at all from the White House. unleashing unprecedented inflation; it will lot of key things to make our country We’ve asked the White House, Do you gut social programs like Social Security and run better, more fiscally sound. That have a plan to balance the budget? Or Medicare; or it will dramatically increase would be, for example, working to- the Senate, Do you have a plan to bal- taxes on everyone down to, and including, wards actually balancing the budget ance the budget, ever? We don’t see the middle class. long term. What I see in the plans that The laws of mathematics can’t be rewrit- them. We have to balance them in our are coming from the White House, over own personal lives, around our house- ten by political desires or ‘‘unified budget’’ in the Senate, is that there is no plan accounting gymnastics. Our leaders need to holds, our businesses. Yet why does face the truth and get our country’s fiscal to move towards a balanced budget in government continue to have a blank house in order before Deficit Day becomes the future. It’s going to take hard check and get away with it, with the Bankruptcy Day. work. It’s going to be difficult. There taxpayers’ money, with the taxpayers’ will be a lot of infighting and cater- f future? How many trillions of dollars wauling in this place in order to try to of debt do we have to get to before we OBAMACARE move to that direction. But Republicans actually offer a plan are actually going to learn this lesson The SPEAKER pro tempore. The that we’re going to leave for the com- Chair recognizes the gentleman from to, in the future, move towards a bal- anced budget, to make those lines fi- ing generations? Colorado (Mr. LAMBORN) for 5 minutes. I want to be a part of the solution Mr. LAMBORN. Mr. Speaker, I rise nally come together after many, many years of overspending. We don’t see that moves these lines together so that today to urge my fellow Members of we get to a balanced budget sometime Congress to delay ObamaCare for 1 those ideas come from the other side. Unfortunately, we’re not going to get in the near future, not never. This Na- year. President Obama has already de- tion requires it. If we want to have layed the employer mandate, and now out of this pattern of having to raise the debt ceiling until we achieve the jobs, if we want to have the prosperity he has delayed the opening of the small that we once knew, we need to go back business exchanges. He has already balanced budget that we direly need in this country. That’s the dirty little se- in that direction. signed into law seven changes to the So, Mr. Speaker, I ask this body, I health care law. It’s clear that cret. Debt ceilings are going to be part of our future until we can truly get the ask our colleagues in the Senate, I ask ObamaCare is not ready to be rolled the White House: Let’s stop with the out. balance. So real solutions are needed that move us in that direction, not drama. Let’s get back to the table and One of my constituents, Nicole, who negotiate. manages her household budget for her more drama. Mr. Speaker, stop the drama. Let’s When our President says that he will family of five, called me recently to get together and work on these solu- not negotiate with us, the American say that her health care premiums are tions. I urge my colleagues on the public should be appalled that in the skyrocketing as a result of ObamaCare. other side of the aisle, talking about process of the give-and-take of the in- Her insurance company notified her that this morning, let’s do real budgets stitutions our Founders set up here, that her family’s monthly premiums instead of CRs. I don’t like doing con- with these three branches—the House, will go from $431 to $1,003. Her insurer tinuing resolutions either, but I guess Senate, and White House—who are sup- told her that under ObamaCare, she it’s a way to keep the government open posed to get together, compromise, might qualify for subsidies to offset in the meantime until we can come to hammer things out, argue, get along, that increase. But Nicole, like many agreement. But we have to have some all those things—that when one branch Americans, doesn’t want a subsidy. She kind of fiscal reality that says that we of that does not want to get together, doesn’t want to take a government can’t keep spending more than we take to even talk and compromise, but, in- handout. Her family is responsible, in. stead, is willing to be on the phone self-reliant; and they don’t want to be We can’t implement a program like with Iran or Russia and not our own bailed out by their neighbors. the Obama health care takeover that’s colleagues, we should be appalled. The Federal Government is broke killing jobs, that’s giving people fewer Let’s get back together. Let’s stop and cannot afford another entitlement choices on their health care, that’s the drama of the name-calling, of program, even if ObamaCare would running doctors out of the business. threatening government shutdowns, work, which it won’t. It’s no fun for them anymore when where Republicans are not moving to- It’s time to admit the obvious: they see this coming down upon them. wards that at all, but are actually try- ObamaCare is not ready for prime Let’s go to free market approaches. ing to find solutions. Let’s get it done time. Let’s delay it for at least 1 year Let’s go to what the Republican Study for the American people. I think the and protect millions of Americans from Committee is working on, with the American public demands that. Let’s its harmful effects. American Health Care Reform Act, have solutions. f which gives people choices, which actu- ally addresses the high-risk pools and f LET’S FIND SOLUTIONS allows people that are in a permanent The SPEAKER pro tempore. The situation, needing long-term health 52 PERCENT OF AMERICANS Chair recognizes the gentleman from care to find those solutions. Instead, OPPOSE OBAMACARE California (Mr. LAMALFA) for 5 min- we get something that we know, we see The SPEAKER pro tempore. The utes. is not going to work. Chair recognizes the gentleman from Mr. LAMALFA Mr. Speaker, as we all Look at all the delays in the imple- Pennsylvania (Mr. THOMPSON) for 5 know, we have important deadlines ap- mentation of the health care ex- minutes.

VerDate Mar 15 2010 00:49 Sep 29, 2013 Jkt 029060 PO 00000 Frm 00007 Fmt 0636 Sfmt 0634 E:\CR\FM\A28SE7.003 H28SEPT1 smartinez on DSK6TPTVN1PROD with HOUSE H5932 CONGRESSIONAL RECORD — HOUSE September 28, 2013 Mr. THOMPSON of Pennsylvania. homes are covered under the Children’s government over a policy. He must Mr. Speaker, the President, in his re- Health Insurance Program, or CHIP. have forgotten that the Federal Gov- marks to the country yesterday, dem- The CHIP program originated in Penn- ernment has shut down 17 times be- onstrated a willingness for diplomacy sylvania and provides support to par- fore—sometimes when Democrats were and negotiations. Sadly, any leadership ents of these children to allow them to totally in control, sometimes when he reflected in his remarks was a will- buy health insurance for their children there was split government, but it has ingness to communicate and negotiate from the commercial insurance mar- happened 17 times before. with the terror-states of Iran and Syria ket. The CHIP program provides access What are we doing here on our side of and not the United States House of to quality health care, not with gov- the aisle? We’re fighting for the Amer- Representatives. What the President ernment-run programs, but through a ican people. We know this is a failed also made clear was his unwillingness partnership with the private sector. policy, and we do not want to see this to serve the will and the concerns of a Under ObamaCare, these children are failed policy go any further than it has majority of American citizens, fami- being ripped out of CHIP and placed in gone. As my colleagues have said, the lies, and businesses when it comes to medical assistance where the parents sad thing about it is our President is their health care. will be hard-pressed to find a pediatri- willing to negotiate with a country Health care is one of the more inti- cian even willing to see, let alone that we call a terrorist country but is mate issues in America. There should treat, their child. not willing to negotiate on this. He be no surprise of the emotional reac- Mr. Speaker, the unwillingness to said: What I haven’t been willing to ne- tion and rejection by the majority of admit the errors of ObamaCare and gotiate, what I will not negotiate, is on the country when this legislation is take corrective action is even throwing the debt ceiling. He doesn’t want to ne- passed unilaterally by one party with- America’s most vulnerable children, gotiate on ObamaCare either. But we out adequate debate or vetting and is who are growing up in poverty cir- know that the President did negotiate mandated on 311 Americans. cumstances, under the bus. They de- in August 2011. We know that five other The September 4 to 23 Real Clear Pol- serve better. Presidents have negotiated on this issue. We also know that there are itics compilation of seven major na- f tional polls show that an average of 52 going to be people who are not going to PRESIDENT OBAMA’S FAILURE OF percent of Americans are opposed or be covered by this program that is sup- LEADERSHIP against the Affordable Care Act, while posed to be covering all Americans. only 38.7 percent are for or in favor of The SPEAKER pro tempore. The And, Mr. Speaker, I include, for the this law. Chair recognizes the gentlewoman from RECORD, an article by Daniel Mr. Speaker, I understand the polit- North Carolina (Ms. FOXX) for 5 min- Henninger in the September 25 Wall ical divide that unfortunately exists in utes. Street Journal, called, ‘‘Let Washington, but what I do not get is Ms. FOXX. Mr. Speaker, I want to ObamaCare Collapse,’’ because it how the President ignores the will of give high praise to my colleagues on points out many, many of the problems the majority of the American people. this side of the aisle who have been with this program that haven’t all been We expect leadership from the Presi- here this morning talking about the pointed out this morning. And we have another issue that we’re dent, but there is no leadership when really, really important issues that are going to be facing in the next few days, the direction you want to take the facing our country these days. and that is the raising of the debt country is rejected as the wrong direc- Why are we here in Washington, D.C., limit. I want to quote someone who tion for the majority of American citi- on a Saturday? We should be at home talked about the failure of leadership if zens. in our districts. Republicans believe we have to face raising the debt limit: Now, some have said that the Afford- that the wisdom of the world is not in able Care Act is the law, so just imple- Washington, D.C.; it is back in our dis- The fact that we are here today to debate raising America’s debt limit is a sign of lead- ment it. Well, that makes a dangerous tricts; it is back with the American people. But we’re here because of a ership failure. It is a sign that the U.S. Gov- assumption that Congress never gets it ernment can’t pay its own bills. It is a sign wrong. History has certainly shown failed policy that was passed without that we now depend on ongoing financial as- precedence that Congress can and has bipartisan support but strictly on be- sistance from foreign countries to finance corrected the mistakes that it has half of liberals in this body, in the Sen- our government’s reckless fiscal policies. In- made. The Prohibition, which was re- ate, and the failed policies of a very creasing America’s debt weakens us domesti- pealed in 1933, had been fairly unpopu- liberal President. So we wouldn’t have cally and internationally. Leadership means lar—probably more disliked than even to be here today if it weren’t for that that ‘‘the buck stops here.’’ Instead, Wash- failed policy. ington is shifting the burden of bad choice ObamaCare. More recently, the Medi- today onto the backs of our children and care Catastrophic Coverage Act of 1988, Unfortunately, our colleagues on the other side of the aisle are trying to put grandchildren. America has a debt problem a bipartisan bill, was intended to pro- and a failure of leadership. Americans de- vide supplemental health care insur- the blame on us for saying that we’re serve better. here because we’re fighting what we ance for the elderly. But it also in- That was then-Senator Barack see as a failed policy. The American cluded a surtax on middle- and upper- Obama on the floor of the U.S. Senate people see it as a failed policy also. The income seniors which was quickly re- March 20, 2006. pealed when the will of a majority of majority of the American people are Yes, indeed, Mr. President, we have a Americans was taken into consider- opposed to what we have come to call failure of leadership, and the buck ation. ObamaCare. It was not passed by bipar- stops with you. Now, what is more dangerous than a tisan vote. Our colleagues keep talking about bipartisanship. It was passed [From the Wall Street Journal, Sept. 25, government that may err on occasion 2013] or supposed leaders that are incapable purely on a partisan basis. No Repub- lican has ever voted for ObamaCare, LET OBAMACARE COLLAPSE of recognizing an error and taking a (By Daniel Henninger) course of correction? and every Republican who has had the opportunity to vote against it, has Congress can’t kill the entitlement state. b 1100 Only the American people can. voted against it. Why? Because we be- What the GOP’s Defund-ObamaCare Caucus Mr. Speaker, the Senate Democrats lieve we represent the American peo- is failing to see is that ObamaCare is no yesterday recklessly voted to disregard ple. We don’t want to shut down the longer just ObamaCare. It is about some- the will of the American majority and Federal Government. In fact, we’ve thing that is beyond the reach of a congres- essentially endorse a government shut- passed bills to keep the government sional vote. down rather than take any course of running; but we want to have the pol- As its Oct. 1 implementation date arrives, correction on what is a fundamentally ObamaCare is the biggest bet that American icy right. liberalism has made in 80 years on its flawed law that is raising premiums My colleague from Connecticut foundational beliefs. This thing called and already limiting access. talked about the need for compromise ‘‘ObamaCare’’ carries on its back all the jus- In my home State of Pennsylvania, and he said, erroneously, this is the tifications, hopes and dreams of the entitle- countless children in disadvantaged first time that we would shut down the ment state. The chance is at hand to let its

VerDate Mar 15 2010 01:37 Sep 29, 2013 Jkt 029060 PO 00000 Frm 00008 Fmt 0636 Sfmt 0634 E:\CR\FM\K28SE7.013 H28SEPT1 smartinez on DSK6TPTVN1PROD with HOUSE September 28, 2013 CONGRESSIONAL RECORD — HOUSE H5933 political underpinnings collapse, perhaps there is already mispricing of ObamaCare’s Let’s talk to senior citizens that I permanently. insurance policies inside the exchanges set visited with throughout the Third Con- If ObamaCare fails, or seriously falters, the up in the states. gressional District of Colorado, many entitlement state will suffer a historic loss The odds of ObamaCare’s eventual self-col- of credibility with the American people. It lapse look stronger every day. After that of whom just became senior citizens will finally be vulnerable to challenge and happens, then what? Try truly universal and are now required to sign up for fundamental change. But no mere congres- health insurance? Not bloody likely if the Medicare under the law. Just because sional vote can achieve that. Only the Amer- aghast U.S. public has any say. of a birthday over the last year or two, ican people can kill ObamaCare. Enacted with zero Republican votes, they are now finding that they cannot No matter what Sen. Ted Cruz and his al- ObamaCare is the solely owned creation of even find a doctor who will accept lies do, ObamaCare won’t die. It would re- the Democrats’ belief in their own limitless Medicare. turn another day in some other incarnation. powers to fashion goodness out of legislated The Democrats would argue, rightly, that entitlements. Sometimes social experiments I just held a meeting with better the ideas inside ObamaCare weren’t defeated. go wrong. In the end, the only one who sup- than 20 physicians in Grand Junction, What the Democrats would lose is a vote in ported Frankenstein was Dr. Frankenstein. Colorado, several of whom expressed Congress, nothing more. The Democrats in 2014 should by all means that by the year 2014 they’re closing A political idea, once it becomes a national be asked relentlessly to defend their mon- their practices. So have we addressed program, achieves legitimacy with the pub- ster. accessibility in America? We have not. Republicans and conservatives, instead of lic. Over time, that legitimacy deepens. So it What the administration fails to un- has been with the idea of national social in- tilting at the defunding windmill, should be surance. working now to present the American people derstand is there’s a quantitative dif- German Chancellor Otto von Bismark’s with the policy ideas that will emerge inevi- ference between affordability and ac- creation of a social insurance system in the tably when ObamaCare’s declines. The sys- cessibility and just having an insur- 19th century spread through Europe. After tem of private insurance exchanges being ance card. We can insure every Amer- the devastation of World War I, few ques- adopted by the likes of Walgreens suggests a ican, but does that mean you have ac- tioned its need. In the U.S., Franklin Roo- parallel alternative to ObamaCare may be cess to quality health care at an afford- sevelt’s Social Security system was seen as happening already. able price? an antidote to the Depression. The public’s If Republicans feel they must ‘‘do some- three-decade support for the idea allowed thing’’ now, they could get behind Sen. The Republican Party is putting for- Lyndon Johnson to pass the Medicare and David Vitter’s measure to force Congress to ward real solutions to be able to ad- Medicaid entitlements even in the absence of enter the burning ObamaCare castle along dress this challenge. Let’s let the free an economic crisis. with the rest of the American people. Come markets actually work. Let’s have real Going back at least to the Breaux-Thomas 2017, they can repeal the ruins. competition. Let’s allow businesses to Medicare Commission in 1999, endless The discrediting of the entitlement state be able to come together to be able to begins next Tuesday. Let it happen. learned bodies have warned that the U.S. en- form real groups and to be able to ne- titlement scheme of Social Security, Medi- The SPEAKER pro tempore. All care and Medicaid is financially gotiate lower rates. Let’s incentivize Members are reminded to address their rather than disincentivize, as the unsupportable. Of Medicare, Rep. Bill Thom- remarks to the Chair. as said at the time, ‘‘One of the biggest prob- President’s law does, those private lems is that the government tries to admin- f medical health care savings accounts if ister 10,000 prices in 3,000 counties, and it AFFORDABLE AND ACCESSIBLE we really care about health care. Let’s, gets it wrong most of the time.’’ But change HEALTH CARE indeed, make sure that people with pre- never comes. existing conditions have access and af- Medicaid is the worst medicine in the The SPEAKER pro tempore. The fordable health care as well. United States. It grinds on. Doctors in Chair recognizes the gentleman from These are the plans that we are put- droves are withdrawing from Medicare. No Colorado (Mr. TIPTON) for 5 minutes. matter. It all lives on. Mr. TIPTON. Mr. Speaker, let’s begin ting forward; but it’s going to require An established political idea is like a vam- with where we can all agree as Ameri- that we work together. What is not pire. Facts, opinions, votes, garlic: Nothing helpful is when we hear an administra- can make it die. cans: at the very beginning of the de- bate when it came to health care in tion say it is nonnegotiable while at But there is one thing that can kill an es- the same time saying we have to work tablished political idea. It will die if the pub- 2008, it was about affordability and ac- lic that embraced it abandons it. cessibility when it comes to health together. We can’t work together if we Six months ago, that didn’t seem likely. care. We can’t disagree about that. As cannot have a dialogue. That is what Now it does. Americans and small businessmen, we this House of Representatives is put- The public’s dislike of ObamaCare isn’t felt the pain of seeing ever-increasing ting forward—real solutions to be able growing with every new poll for reasons of to address the real problems to help philosophical attachment to notions of lib- premiums, but we also wanted to make sure that we had access to real doctors. real Americans that are struggling erty and choice. Fear of ObamaCare is grow- right now. ing because a cascade of news suggests that What are the results that are now ObamaCare is an impending catastrophe. coming out of the Affordable Care Act? And the bottom line is, if we want Big labor unions and smaller franchise res- Let me give you an example that was health care, we also need jobs. If you taurant owners want out. UPS dropped cov- just emailed to me last night out of a talk to the people in my district, small erage for employed spouses. Corporations small community church in my district businesses, they aren’t able to hire such as Walgreens and IBM are transferring in Durango, Colorado. They were just right now simply because of the cost of employees or retirees into private insurance able to extend their plan before the Af- the Affordable Care Act and the im- exchanges. Because of ObamaCare, the Cleve- pacts that they’re feeling. These are af- land Clinic has announced early retirements fordable Care Act takes effect. For six for staff and possible layoffs. The federal employees working at the church, their fecting real Americans, real people, government this week made public its esti- premiums are now going to be $50,665 and real lives. The solution cannot and mate of premium costs for the federal for the collective group this year. should not be just bigger government, health-care exchanges. It is a morass, reveal- When the Affordable Care Act impacts just a legacy piece of legislation. ing the law’s underappreciated operational them in the next cycle, those rates will I believe that the American people complexity. rise for those same six employees to deserve a policy that will actually But ObamaCare’s Achilles’ heel is tech- work for them. That can only be nology. The software glitches are going to $72,069, a 48.7 percent increase. drive people insane. So the question we have to ask is: achieved if we work together. We are Creating really large software for institu- Has the Affordable Care Act achieved putting those ideas forward today. We tions is hard. Creating big software that can the goal that, as Americans, we can all are not about shutting down this gov- communicate across unrelated institutions agree that we desire to be able to ernment. We want to keep it open. is unimaginably hard. ObamaCare’s software have—affordability? That’s the policy of our conference. has to communicate—accurately—across a Let’s talk to those six people work- But we also need to have a policy mind-boggling array of institutions: HHS, ing in that small church in Durango, that’s making sure that government the IRS, Medicare, the state-run exchanges, and a whole galaxy of private insurers’ and Colorado, who are relying on charitable laws are not hurting the American peo- employers’ software systems. contributions to be able to have their ple. The Affordable Care Act is hurting Recalling Rep. Thomas’s 1999 remark about jobs, to have affordable health care. the American people, will hurt the Medicare setting prices for 3,000 counties, The answer is no. economy, will hurt jobs.

VerDate Mar 15 2010 01:37 Sep 29, 2013 Jkt 029060 PO 00000 Frm 00009 Fmt 0636 Sfmt 0634 E:\CR\FM\A28SE7.002 H28SEPT1 smartinez on DSK6TPTVN1PROD with HOUSE H5934 CONGRESSIONAL RECORD — HOUSE September 28, 2013 This is something that we can place when the American public has To date, there has been no inde- achieve a positive solution on if the ad- given us—and probably deservedly so— pendent certification that the informa- ministration will open that door to dia- an approval rating in single digits, and tion will be kept safe. We are simply logue rather than distrust. Let’s work say, There they go again. Congress has supposed to rely on this administra- for the American people rather than found a special provision for them- tion’s word that reliable security sys- for bigger government. selves so they will not feel the pain and tems will be in place come October 1. f the economic harm caused by this This is the same administration that NO SPECIAL EXEMPTION FOR health care bill. has already failed to meet half of their Mr. Speaker, we can correct this. We MEMBERS OF CONGRESS UNDER self-imposed deadlines for the imple- can stand up as a collegial body, Re- OBAMACARE mentation of this disastrous law. publican and Democrat, and say we be- Their word is simply not good The SPEAKER pro tempore. The lieve we need to be subjected to the law enough, and this is why 13 States’ at- Chair recognizes the gentleman from 100 percent and we think OPM is torneys general have sent a letter to Florida (Mr. ROSS) for 5 minutes. wrong. And if we want the American HHS Secretary Kathleen Sebelius ex- Mr. ROSS. Mr. Speaker, you know public to have what they desperately pressing their concerns over whether the only thing worse right now than need to have in this Congress, which is there are adequate safety measures to having the implementation of this the credibility of this Congress, we protect their constituents’ personal health care law known as ObamaCare need to pass my amendment to the data. on October 1 would be the implementa- continuing resolution being offered Making this situation even worse are tion of this law with special consider- today that says that this OPM letter ation to Members of Congress. And the ObamaCare ‘‘navigators’’ that are some may say that’s not going to hap- was wrong and that all Members of tasked with assessing this information pen because Members of Congress are Congress, all staff, the President, the to help people enroll. These navigators subjected to and not exempted from Vice President, and all political em- are not required by the Federal Gov- ObamaCare; and the short answer to ployees will be subjected to the laws of ernment to have background checks or that is yes, but the real answer is no. ObamaCare and not receive this con- to even have a high school diploma. And the real answer is no because there tribution. My friends back home will And yet they will be tasked with han- is a state of confusion over whether we, not receive this contribution. We dling Americans’ most sensitive per- as Members of Congress and certain shouldn’t carve out a specialty to our- sonal information, such as medical staff members, can continue to receive selves. records and even tax returns. In fact, a 72 percent contribution to our health Further, what is worse is that if we earlier this month, a navigator appli- care benefits. don’t make some change to this law, cant in Minnesota recently received Now to understand this, let’s go back people will say there will be a brain 2,400 Social Security numbers by mis- to how this even became an issue. Sen- drain. I see more of a litigation train take. This raises serious concerns ator GRASSLEY, at the time that the starting—a litigation train because about the lack of safeguards in place to ObamaCare bill was being debated, we’ve already put in the law a special protect our personal information. wanted to make sure that Members of class of employees. My employees are Mr. Speaker, we know that Congress and their staff were subjected now subject to the laws of ObamaCare, ObamaCare is simply not ready for to the pains and the ills and everything but the leadership and their employees prime time. We cannot allow Ameri- else of ObamaCare. He offered an aren’t. I see litigation ensuing on em- cans’ most personal information to be amendment that said: ployment discrimination cases that are exposed to these threats. It is com- Notwithstanding any other provision of absolutely unnecessary and could be pletely irresponsible for this President law, Members of Congress and congressional avoided if we have the foresight, if we to be encouraging people to sign up employees would be required to use their em- have the ability to say, America, we’re when these threats exist. ployer contribution to purchase coverage going to correct this; we’re going to The President has already delayed through a State-based exchange rather than make sure that we are subject to all using the traditional Federal Employees portions of this law to help Big Busi- Health Benefits Plan. the laws, 100 percent, the same way we ness and insurance companies. It is That was offered. What became law is ask you to be. time for him to work with this Con- Therefore, Members, I ask, I implore different. The language that became gress to stop this train wreck and to you to please consider this amendment, law specifically says that Members of shield the American public from wide- consider doing what is right, not only Congress and congressional staff with spread fraud and abuse. under the law but in the eyes of our respect to their service as a Member of f constituency. Congress or congressional staff shall be HOW WILL OBAMACARE AFFECT health plans that are either created f YOU? under this act or the exchanges. Then FRAUD AND ABUSE IN The SPEAKER pro tempore. The it went on to further say that staff is OBAMACARE Chair recognizes the gentleman from just considered those who are employed The SPEAKER pro tempore. The Texas (Mr. POE) for 5 minutes. by the Members of Congress. It doesn’t Chair recognizes the gentlewoman from Mr. POE of Texas. Mr. Speaker, I include staff of committee and staff of Tennessee (Mrs. BLACK) for 5 minutes. posted on my Facebook page the ques- leadership. Mrs. BLACK. Mr. Speaker, in just 3 Now why all the confusion? I don’t tion, How has ObamaCare affected you days, the ObamaCare exchanges are set know, but I know for a fact that when or will it affect you in the future? I re- to go live, and the security of millions the Office of Personnel Management ceived almost 400 responses. I will just of Americans’ most sensitive personal came out with their letter on August 7 read a few of those. I certainly won’t information remains at risk. and said, without any basis—any basis read the ones that were volatile, Mr. For the purposes of enrolling people in law or fact—and said, you know Speaker, because a lot of people are in the exchanges, the administration is what, we’re going to let Congress con- just mad. building the largest network of Ameri- tinue to have their 72 percent contribu- It is true that about 20 percent of cans’ personal information ever cre- tion even though the law was clear those responses like ObamaCare and when it was passed that we are not ated, called the Federal Services Data about 80 percent, not so much. going to receive anything other than Hub. This data hub will have the Leisa says: the subsidies allowed under the law, names, birth dates, Social Security My son was lowered to 29 hours last week and those subsidies only are available numbers, taxpayer status, gender, for a new full-time norm because owner to those who make 400 percent of pov- email addresses, and telephone num- doesn’t want to pay ObamaCare. erty level or less. bers of millions of Americans expected Sharon says this: to apply for coverage in the exchanges. b 1115 My mother is diabetic and couldn’t take This poses an alarming and obvious insulin for 3 days because she couldn’t get And so we’re here on the eve of risk for identity theft and cybersecu- her test strip prescription filled due to a watching a health care plan go into rity attacks. Medicare glitch because of ObamaCare.

VerDate Mar 15 2010 00:49 Sep 29, 2013 Jkt 029060 PO 00000 Frm 00010 Fmt 0636 Sfmt 0634 E:\CR\FM\K28SE7.015 H28SEPT1 smartinez on DSK6TPTVN1PROD with HOUSE September 28, 2013 CONGRESSIONAL RECORD — HOUSE H5935 Kristy: And that’s just the way it is. Accordingly (at 11 o’clock and 28 My hardworking husband can only find f minutes a.m.), the House stood in re- temporary contract work. No one wants to cess. AT A CROSSROADS hire permanent positions, and those that do f have permanent positions are hard to even The SPEAKER pro tempore. The get an interview with. I hope it doesn’t last Chair recognizes the gentleman from b 1200 long. We have a baby due in mid-October, Florida (Mr. MICA) for 21⁄2 minutes. AFTER RECESS and already have three children. Mr. MICA. Mr. Speaker, it’s Saturday Joseph: The recess having expired, the House morning and we’re here in the House of was called to order by the Speaker pro I expect my employer will not be able to Representatives in an unusual session. afford future raises due to the enormous ex- tempore (Mr. COLLINS of Georgia) at I’m glad some people had the oppor- noon. pense he has to pay under ObamaCare. tunity to go home last night and come Victoria: back this morning. f My husband has not been able to get a job Some people say, Oh, this is unusual PRAYER because folks are not hiring due to duty, you’re working hard, and all of The Chaplain, the Reverend Patrick ObamaCare. They are actually laying people that. And I say to them that I rep- off. My parents are elderly and they have J. Conroy, offered the following prayer: three doctors who have quit medicine be- resent the millions of people across the Dear Lord, we give You thanks for cause of ObamaCare. So no, Mr. Poe, it is not United States who are going to work, giving us another day. the greatest thing ever. sometimes at midnight, work all night, We come to You as a Nation in the April says this: and get up in the morning and go to midst of great uncertainty and worry. Since the implementation of ObamaCare, I work at 6 o’clock. They’re struggling As people look for causes and solu- have not been able to find a job. No one to put food on the table. They’re strug- tions, the temptation is great to seek wants to hire a permanent position. Every- gling to educate their children. They’re ideological position. thing is part-time or temporary for all those struggling to pay their mortgage and We ask that You might send Your jobs, and they also tell me that I’m over- keep their home and their family to- Spirit of peace and reconciliation, that qualified. I think the whole ObamaCare gether. instead of ascendancy over opponents, thing needs to be done away with. So I believe that it’s Congress’ re- the Members of this people’s House and Genelle says: sponsibility, and there’s no question all elected to represent our Nation My husband and I are in our seventies. Our about it that we work—we work on might work together humbly, recog- copays for prescriptions have doubled. Our Saturday, we work on Sunday, we work nizing the best in each other’s hopes to doctor told us that he will not be able to on Monday, and we’ll work until we get bring to resolution the current impasse treat us with the same quality we now get this situation resolved. over the economy. when ObamaCare goes into full steam. Now where are we? We’re at a cross- Give Your Spirit of consolation to Mary Lou probably said it the best. roads. Rarely, in the history of our Na- those who are concerned about the sta- She said: tion, have we come to a crossroads like bility of their income, especially those Ted, we pray even more fervently that we this. We have the biggest government who serve in our Armed Forces. May just don’t get sick. program probably since World War II in their welfare inspire those engaged in Those are some responses of people ObamaCare and the President’s health this debate to find fair and lasting so- out there who actually work for a liv- care plan going into effect in a few lutions. ing and are concerned about health days. We have the government running May all that is done be for Your care. They’re not so sold on this. out of money in a few days, on October greater honor and glory. So here we are, on this Saturday 1. And then we have the country facing Amen. afternoon, and the President is spend- a financial deficit in less than 2 weeks. f ing time negotiating with the Iranians So this is an important crossroads. THE JOURNAL about things in Iran. He’s spending We need to get it right because there time negotiating with the Russians are a lot of hardworking Americans The SPEAKER pro tempore. The about things that are going on in counting on us. Chair has examined the Journal of the Syria. But he won’t negotiate with We must avoid the biggest govern- last day’s proceedings and announces Congress. I don’t get that. ment takeover of health care or any to the House his approval thereof. Why doesn’t he come over here to the segment of our economy in history. We Pursuant to clause 1, rule I, the Jour- House? Let’s sit down on an informal must avoid forcing people into part- nal stands approved. basis and just chat about the problems time employment and the government f we have. Is it the idea that the people making decisions about our health PLEDGE OF ALLEGIANCE of Syria and Russia and Iran are more care. Even the unions are walking The SPEAKER pro tempore. Will the important to talk with than Members away from this plan now. We have a gentlewoman from Ohio (Mrs. BEATTY) of Congress? I don’t get it. short time to accomplish that. Like Mary Lou said, ‘‘ObamaCare: we come forward and lead the House in the The deficit is $17 trillion, and they Pledge of Allegiance. just don’t want to get sick.’’ want to extend it almost another tril- Mrs. BEATTY led the Pledge of Alle- And now, today, we’re facing a debt lion—$900 billion—for 1 year. Since the giance as follows: ceiling problem, we’re facing a con- beginning of the Obama administra- tinuing to fund the Federal Govern- I pledge allegiance to the Flag of the tion, in 5 years, we’ve gone from $9 tril- United States of America, and to the Repub- ment problem, we have ObamaCare lion to $17 trillion in debt—almost dou- lic for which it stands, one nation under God, that gives special treatment for about bling it. indivisible, with liberty and justice for all. 1,200 groups that got waivers. None of Finally, funding the government. We f these people I mentioned got waivers. must keep the government open. We Let’s talk about those things. Let’s must be responsible stewards for the ANNOUNCEMENT BY THE SPEAKER find out. And maybe we can work out public. But the spending spree in Wash- PRO TEMPORE something. But let’s at least talk. ington has to stop. Republicans have The SPEAKER pro tempore. The So, Mr. Speaker, you’re in good with held the line. We need to hold the line Chair will entertain up to 15 requests the President. Give him a phone call. responsibly. We can cut waste, we can for 1-minute speeches on each side of Ask him to come over here and chat cut inefficiencies, and we can make the aisle. this afternoon with the House—the government accountable to the people. f Democrats, the Republicans—and let’s f work something out about the con- EPA REGULATIONS DRIVE UP tinuing resolution, about the debt ceil- RECESS ENERGY COSTS ing, but at least let’s talk and nego- The SPEAKER pro tempore. Pursu- (Mr. WILSON of South Carolina tiate and not refuse to talk to even ant to clause 12(a) of rule I, the Chair asked and was given permission to ad- Members of the House of Representa- declares the House in recess until noon dress the House for 1 minute and to re- tives. today. vise and extend his remarks.)

VerDate Mar 15 2010 01:37 Sep 29, 2013 Jkt 029060 PO 00000 Frm 00011 Fmt 0636 Sfmt 0634 E:\CR\FM\K28SE7.057 H28SEPT1 smartinez on DSK6TPTVN1PROD with HOUSE H5936 CONGRESSIONAL RECORD — HOUSE September 28, 2013 Mr. WILSON of South Carolina. Mr. Those are concerns that we are hear- though every major attempt to deal Speaker, the current administration ing from our constituents. They do not with the deficit over the last 30 years has dictated that the Environmental want ObamaCare to be put into action, has been tied to the debt limit. He will Protection Agency is to unilaterally and they do not want these insurance not negotiate delaying the individual institute regulations without seeking exchanges to be stood up and put into mandate even though he delayed the congressional approval. South Carolina action. There are a lot of good reasons employer mandate until 2015. He will energy producers have been forced to why. not negotiate repealing the medical de- expedite the closing of 12 coal facili- First of all, they are not ready. vice tax even though 33 Democrats ties, which has driven up energy costs That’s why we need to delay this for 1 voted to do precisely that. for consumers, has destroyed jobs, and year. Delay it. We know that there are However, he is willing to negotiate has made our workers less competitive. problems with the exchanges. We know with labor unions and special interests Earlier this month, the EPA acted that there are problems with all of the over their objections to ObamaCare. He alone again by proposing new regula- interactive technologies. We know that is willing to negotiate with dictators tions. ObamaCare has already missed over who use chemical weapons against This week, I spearheaded a letter to half of its deadlines. their own citizens. He is willing to ne- the President and EPA Administrator, Why would you move forward on a gotiate with Iran. which was signed by other members of program that is not ready for prime He is just not willing to negotiate the South Carolina delegation, that time? with Congress, and he is not willing to supported legislative review. The Delay, defund, repeal, replace. That listen to the American people, who are American people deserve to have a is what we need to do with ObamaCare. demanding a reprieve from his half- voice in these new policies to promote f baked health care law and real solu- jobs and lower energy costs. THE AMERICAN PEOPLE WANT tions to America’s debt and deficit In conclusion, God bless our troops, problems. and we will never forget September the COMPROMISE f 11th in the global war on terrorism. (Mr. BUTTERFIELD asked and was My sympathy to Sarah Clarkson and given permission to address the House COMPROMISE, NOT A SHUTDOWN her family of Columbia, South Caro- for 1 minute and to revise and extend (Mrs. BEATTY asked and was given lina, on the death yesterday of her hus- his remarks.) permission to address the House for 1 band, A. Crawford Clarkson, Jr.—a true Mr. BUTTERFIELD. Mr. Speaker, minute and to revise and extend her re- southern gentleman of Scottish herit- Republican extremists have put the marks.) age, a naval officer awarded the Order Federal Government on the brink of a Mrs. BEATTY. Mr. Speaker, Congress of the Palmetto by Governor Carroll shutdown in less than 3 days. On yes- is faced with much unfinished busi- Campbell. terday, the Senate sent over a resolu- ness—a budget that needs to be passed, f tion that funds the government a sequester that needs to be repealed, through November 15 using the seques- A GOVERNMENT SHUTDOWN and a debt limit that needs to be lifted. ter level of $986 billion. I remind my Republican colleagues (Ms. CHU asked and was given per- What is the Republican leadership that citizens want us united. They mission to address the House for 1 going to do with this resolution that want compromise, not to be shut down. minute.) will keep the lights on through Novem- If the United States defaults on its Ms. CHU. Mr. Speaker, yet again, ber 15? debt, the results could be devastating. House Republicans have taken us down Are you going to continue to listen A default could mean 3.4 million vet- to the wire—refusing to pass a budget to the 40–50 ultraconservatives in your erans not receiving disability benefits; or to pay our bills on time. Conference whose agenda is to dispar- drug reimbursements for Medicare As The Wall Street Journal asked re- age President Obama and hold us hos- cently of the GOP: ‘‘Are you nuts?’’ could stop; and in the first week, 10 tage until we gut the Affordable Care million Americans would not receive If their antics force the government Act, as the gentlelady from Tennessee to shut down, our military, including their Social Security—but in these just made reference to, and make deep- frightening times, all hope is not lost. people serving overseas right now, will er cuts that hurt the American people? not be paid on time. If they default on John Hogan, founder of TeenForce, Is this where we are headed? which is an enterprise dedicated to our bills, 10 million Americans won’t I pray for reasonableness on the part solving the youth employment crisis in receive their Social Security checks on of my Republican colleagues. I know America, recently received the White time, and families will pay higher in- it’s not all Republicans who are swing- House Champions of Change award— terest rates on their mortgages, loans, ing the wrecking ball, but it’s a critical from the President of these United and credit cards. The last time Repub- mass within the Republican ranks that States—for contributions to the admin- licans took us to the brink, the S&P is beyond reason. downgraded our credit rating. If the A very sad day in American history istration’s Youth Jobs program. GOP doesn’t compromise, they could is upon us. John and his family are here today. trigger a worldwide financial crisis and I urge Speaker BOEHNER to listen to Let John and other ‘‘champions of cause long-term economic damage. voices of reason in his Conference and change’’ serve as an example to us all— Since when have these cutthroat tac- to pull together like-minded Repub- that in hard times, if we work to- tics been an acceptable way to govern? licans who can join with like-minded gether, if we compromise, we can make The answer is: they are not. Democrats and get this done. The a difference. f American people want compromise. f They want it today. DELAY, DEFUND, REPEAL, AND OBAMACARE REPLACE OBAMACARE f (Mr. SAM JOHNSON of Texas asked (Mrs. BLACKBURN asked and was THE PRESIDENT WILL NOT and was given permission to address given permission to address the House NEGOTIATE OR COMPROMISE the House for 1 minute and to revise for 1 minute and to revise and extend (Ms. FOXX asked and was given per- and extend his remarks.) her remarks.) mission to address the House for 1 Mr. SAM JOHNSON of Texas. Mr. Mrs. BLACKBURN. Mr. Speaker, it’s minute.) Speaker, we are just 3 days away from interesting what brings us here to the Ms. FOXX. Mr. Speaker, a ‘‘com- October 1—the day ObamaCare’s health House floor this Saturday morning as promise’’ is an ‘‘agreement reached by care exchanges are scheduled to open. we are looking at a continuing resolu- each side making concessions,’’ but Yet every constituent phone call, news tion to fund the government and as we how can we reach a compromise if headline, and report I come across fur- are looking at ways to address what is President Obama isn’t even willing to ther proves that this law is simply happening with ObamaCare—where 17 negotiate? unaffordable and unworkable. percent of our Nation’s economy is The President has said he will not ne- On Thursday, at 11:22 a.m., President being nationalized and federalized. gotiate raising the debt ceiling even Obama said:

VerDate Mar 15 2010 00:49 Sep 29, 2013 Jkt 029060 PO 00000 Frm 00012 Fmt 0636 Sfmt 0634 E:\CR\FM\K28SE7.020 H28SEPT1 smartinez on DSK6TPTVN1PROD with HOUSE September 28, 2013 CONGRESSIONAL RECORD — HOUSE H5937 Most of the stories you’ll hear about how people and scare them, Mr. Speaker, by ees. The bottom line here is that Con- ObamaCare can’t work is just not based on saying that their Social Security is gress has a lot of work to do this week- facts . . . We’re only 5 days from finishing going to be taken away, which it would end and in the weeks and months to the job. not be, if the Democrats actually follow. Exactly 23 minutes later, I received a pushed this thing to a shutdown. This is the work that we as Members news alert, saying the White House Let’s stop the deception and, once of Congress were elected to do. I take postponed another portion of again, stop the drama so that maybe this responsibility very seriously and ObamaCare—the sixth unilateral delay. my daughter would actually watch us expect my colleagues to as well. Worse, in my home State of Texas, on TV—because she is sick of the premiums will increase by 53 percent drama at school. We are sick of the f for young males and by 11 percent for drama here, so let’s get together and GOVERNMENT SHUTDOWN females. get this stuff done. We’ve got 48 hours Mr. Speaker, I have heard the per- or less to get this out. Let’s work to- (Ms. HAHN asked and was given per- sonal stories, and I have seen the facts. gether and compromise. Let’s work mission to address the House for 1 ObamaCare is unaffordable and un- with the President, work with the Sen- minute.) workable. Americans want, need, and ate, and work amongst ourselves. Ms. HAHN. Mr. Speaker, once again, deserve patient-centered reforms, not the clock is ticking. And with another f this ‘‘government knows best’’ health deadline looming before Congress, Re- care law. MR. SPEAKER, IT IS TIME TO publicans are bullying this Nation with f LISTEN AND TIME TO TALK the threat of a government shutdown (Ms. HANABUSA asked and was unless we get rid of the Affordable Care DAMAGING THE NATION’S Act. ECONOMY given permission to address the House for 1 minute.) The Republicans have tried over 40 (Mr. ELLISON asked and was given Ms. HANABUSA. Mr. Speaker, can times to repeal the Affordable Care permission to address the House for 1 you just tell me what’s going on so I Act, and it hasn’t gotten them any- minute.) can tell my constituents? where. Now they’ve found themselves a Mr. ELLISON. Mr. Speaker, I remem- I can’t believe we are here on Satur- hostage and they’re saying, Give us ber being in this House not that long day morning, 3 days away from a po- what we want, or we’re going to blow ago—August 2011—when we were told tential government shutdown, with no up the economy and shut down this that we’ve got to threaten the break- plan from you. I can’t believe that we government. That will cause critical ing of the debt ceiling of the United are about 20 days away from the great- services to be stopped for the American States because of debt and deficit. The est Nation on this Earth—the United people, which could mean that over 3 deficit has come down. So here we are States—defaulting on our obligation, million veterans will not receive their again, threatening to harm the eco- with no plan from you. disability benefits, 10 million Ameri- nomic fortunes of Americans with a Mr. Speaker, being ‘‘Speaker’’ means cans may not receive their Social Se- shutdown and even the debt ceiling, leading. The majority party—your curity checks on time, and the SEC but we are not talking debt and deficit party—has an obligation to all of the and EPA will be closed for business. anymore—now we are talking people of this great Nation to lead. In- Careening from one fiscal crisis to ObamaCare. stead, you choose to play games with the next is no way to run this country. My advice to my Republican col- people’s livelihoods and with the full That’s not how we’re supposed to do leagues is to try to overturn the Af- faith and credit of our Nation—the business. There are enough problems in fordable Care Act at the ballot box. Oh, greatest Nation on this Earth. this Nation without Congress manufac- that didn’t work. Here is another piece It is our Nation, Mr. Speaker. turing new ones. Let’s end this man- of advice: go to court and try to have it Mr. Speaker, it is time for you to lis- made crisis and get to the business of found unconstitutional. Oh, boy, that ten to the people—don’t shut down gov- not hurting the American people. didn’t work out either. Okay. Try to go ernment; don’t play with the debt ceil- f through the regular legislative process. ing. It is time to listen, time to talk. Well, 43 times later, that didn’t work. So now we are going to literally dam- f GOVERNMENT SHUTDOWN age the economy of this Nation? b 1215 (Mr. CARTWRIGHT asked and was The fact is that this is wrong. It is given permission to address the House GOVERNMENT SHUTDOWN going to hurt veterans, seniors. It is for 1 minute.) going to hurt children, and it is going (Mr. VEASEY asked and was given Mr. CARTWRIGHT. Mr. Speaker, to hurt our parks. It is going to hurt permission to address the House for 1 once again Congress is set to play poli- our whole country. So I pray that my minute.) tics by threatening to shut down the colleagues stop this. Mr. VEASEY. Mr. Speaker, we are government, rather than work toward f faced with the threat of a government a compromise. shutdown on Tuesday due to the Re- Just last month, we marked a dis- COMPROMISE publican Party/Tea Party extremists’ graceful anniversary of our Nation, the (Mr. LAMALFA asked and was given inability to compromise and pass a S&P’s downgrading of the full faith and permission to address the House for 1 spending bill for fiscal year 2014. credit of the United States. minute and to revise and extend his re- Once again, we’ve been pushed to the Gridlock and extremism did what marks.) brink of a government shutdown by wars, natural disasters, and other nat- Mr. LAMALFA Mr. Speaker, again, fringe Tea Party members whose only ural crises could not do: cause credit we hear about compromise. Yet, the goal seems to be to deny hardworking rating agencies to question whether or President says he is unwilling to talk taxpayers the right to insurance. not America had the political will to to us, that he is unwilling to negotiate. While the Republican-led House has pay its debts as they come due. How is that compromise? voted 42 times to sabotage uninsured Now we’re faced with another dead- We hear more and more talk about Americans gaining health care cov- line with the end of the fiscal year fast shutdowns. Now, if the Republicans erage, not once have they allowed a approaching, a budget that needs to be talk about shutdowns, they talk about vote to repeal and replace the seques- passed and a debt limit that needs to offering solutions, including the Full ter. Over 400 hardworking taxpayers in be lifted so we can continue to do busi- Faith and Credit Act, in order to keep Fort Worth, Texas, have lost their jobs ness. the government open and operating for at Bell Helicopter due to the sequester. Congress has a lot of work to do. We the American people. To make matters worse, once again Re- need to do it fast. This is the work we Finally, in this debate, in this drama, publicans are placing the livelihoods of were elected to do. Let’s stop holding we hear deception or that people are American families at risk by threat- blame-game press conferences and get using tactics to threaten the American ening to furlough government employ- the job done.

VerDate Mar 15 2010 00:49 Sep 29, 2013 Jkt 029060 PO 00000 Frm 00013 Fmt 0636 Sfmt 0634 E:\CR\FM\K28SE7.022 H28SEPT1 smartinez on DSK6TPTVN1PROD with HOUSE H5938 CONGRESSIONAL RECORD — HOUSE September 28, 2013 GOVERNMENT SHUTDOWN can’t wait until October 1. They don’t Mr. POLIS, Colorado (Ms. FRANKEL of Florida asked and have insurance, they want a good ben- Mr. GALLEGO, Texas was given permission to address the efit package. It makes absolutely no f sense to link the budget, which has House for 1 minute.) WAIVING REQUIREMENT OF nothing to do with the Affordable Care Ms. FRANKEL of Florida. Mr. Speak- CLAUSE 6(a) OF RULE XIII WITH Act or ObamaCare, and say, Well, we er, with all due respect to my friends RESPECT TO CONSIDERATION OF want to kill that because we don’t like on the other side of the aisle, this shut- CERTAIN RESOLUTIONS RE- it. down talk has evolved to ridiculous- PORTED FROM THE COMMITTEE We had an election last November. ness. ON RULES AND RELATING TO Less than a year ago, President Obama To quote Dr. Seuss: CONSIDERATION OF SENATE said he was going to continue with the When beetles fight these battles in a bottle AMENDMENT TO H.R. 2642, FED- Affordable Care Act, and his opponent with their paddles ERAL AGRICULTURE REFORM said, no, he would repeal it, and the And the bottle’s on a poodle and the poo- AND RISK MANAGEMENT ACT OF President won. This is over. The Re- dle’s eating noodles . . . 2013 They call this a muddle puddle tweetle publicans should not continue to come poodle beetle noodle bottle paddle battle. back and insist that there be changes, Mr. SESSIONS. Mr. Speaker, by di- Mr. Speaker, it’s time to work to- repeal, defunding of the Affordable rection of the Committee on Rules, I gether and stop these beetles. I mean, Care Act. That’s not the way this gov- call up House Resolution 361 and ask stop the battle. ernment operates. for its immediate consideration. The Clerk read the resolution, as fol- f No one on the Republican side of the aisle has asked to sit down with the lows: GOVERNMENT SHUTDOWN Democrats, and no one on the Repub- H. RES. 361 (Mr. KILDEE asked and was given lican side of the aisle has suggested Resolved, That the requirement of clause permission to address the House for 1 they’ll do anything, but they have to 6(a) of rule XIII for a two-thirds vote to con- minute.) repeal the Affordable Care Act. That’s sider a report from the Committee on Rules Mr. KILDEE. Mr. Speaker, like a on the same day it is presented to the House what this is all about, and it should not is waived with respect to any resolution re- number of the previous speakers, I’m a be, Mr. Speaker. ported through the legislative day of Sep- freshman and I’m really frustrated. f tember 30, 2013, relating to any of the fol- I’m frustrated because we haven’t lowing: (1) A measure making continuing ap- done our job, but I’m mostly frustrated GOVERNMENT SHUTDOWN propriations for the fiscal year ending Sep- because I continually hear the talking (Ms. JACKSON LEE asked and was tember 30, 2014. (2) A measure relating to the point spouted that the President will given permission to address the House public debt limit. not negotiate, and that’s the reason for 1 minute and to revise and extend SEC. 2. Upon adoption of this resolution, we’re in the position we’re in. Nothing the House hereby (1) takes from the Speak- her remarks.) er’s table the bill (H.R. 2642) to provide for could be further from the truth. Ms. JACKSON LEE. Mr. Speaker, the reform and continuation of agricultural The President won’t negotiate on the we’re here on a Saturday, and we’re and other programs of the Department of Ag- full faith and credit of the United probably in the I-don’t-believe-it riculture through fiscal year 2018, and for States, just like we can’t negotiate on crowd. It’s not because we’re here on a other purposes, with the Senate amendment our oath of office and you can’t nego- Saturday, but because the people’s thereto; and (2) concurs in the Senate tiate on the law of gravity. Some business must be done. amendment with an amendment substituting things can’t be negotiated. I hope that the backdrop of the U.N. for the matter proposed to be inserted by the What’s frustrating to me is that the resolution that dealt with 15 countries Senate amendment the text of H.R. 2642, as passed by the House, modified by the inser- failure to negotiate falls clearly on the that stood together to bind themselves tion of a new title IV consisting of the text shoulders of the Republicans. The Sen- against Syria’s holding of chemical of H.R. 3102, as passed by the House, with ate and the House passed budgets. weapons may be an example for the designations, short titles, and cross-ref- What the leadership on the Republican coming together of this body. Some- erences conformed accordingly. side failed to do is to appoint conferees thing historic happened because people The SPEAKER pro tempore. The gen- to do what? To negotiate a budget, one listened to each other. I hope that as tleman from Texas is recognized for 1 that we might not like, the Senate we move towards some mode of peace, hour. might not like, but that we come to- as we work to reconcile the terrible vi- Mr. SESSIONS. Mr. Speaker, for the gether on and adopt a budget that the olence in Syria, the killing of Syrians, purpose of debate only, I yield the cus- American people can support. we first ensure that those chemical tomary 30 minutes to the gentleman This is a failure to negotiate, that’s weapons do no harm to anyone in this and my friend from Worcester, Massa- right. But it’s a failure to do what world. chusetts, (Mr. MCGOVERN), pending every fourth-grade civics student I hope the Republicans can listen and which I yield myself such time as I knows: how a bill becomes a law, nego- understand that it is always the other may consume. During consideration of tiate the differences. person’s interests that should be pro- this resolution, all time yielded is for f moted and put first. That is to say, this the purpose of debate only. Nation must fund itself and we must GOVERNMENT SHUTDOWN GENERAL LEAVE pay our bills. A good lesson, for once, Mr. SESSIONS. Mr. Speaker, I ask (Mr. PALLONE asked and was given from the United Nations. We all would unanimous consent that all Members permission to address the House for 1 do well to understand that we can work have 5 legislative days to revise and ex- minute.) together. tend their remarks. Mr. PALLONE. Mr. Speaker, I heard f The SPEAKER pro tempore. Is there the same thing on the Republican side objection to the request of the gen- APPOINTMENT OF MEMBERS TO of the aisle: Why doesn’t the President tleman from Texas? MEXICO-UNITED STATES INTER- compromise? There was no objection. The bottom line is that the President PARLIAMENTARY GROUP Mr. SESSIONS. Mr. Speaker, House is always willing to negotiate on the The SPEAKER pro tempore. The Resolution 361 provides this body with issues of the budget, as are the House Chair announces the Speaker’s ap- an expedited procedure necessary to Democrats. But what we are seeing pointment, pursuant to 22 U.S.C. 276h ensure that all legislation needed to from the GOP is that they just want to and the order of the House of January prevent a government shutdown can be kill the Affordable Care Act. That’s 3, 2013, of the following Members on the expeditiously considered without what this is all about. They do not part of the House to the Mexico-United delay. That is why we are here today, want the Affordable Care Act to pro- States Interparliamentary Group: Mr. Speaker. ceed. Mr. PASTOR, Arizona Additionally, this resolution allows I know for myself that in my district Ms. LINDA T. SA´ NCHEZ, California for consideration of legislation de- there are plenty of people who just Mr. GENE GREEN, Texas signed to ensure that our government

VerDate Mar 15 2010 03:30 Sep 29, 2013 Jkt 029060 PO 00000 Frm 00014 Fmt 0636 Sfmt 0634 E:\CR\FM\K28SE7.023 H28SEPT1 smartinez on DSK6TPTVN1PROD with HOUSE September 28, 2013 CONGRESSIONAL RECORD — HOUSE H5939 does not default on its debt obliga- If you are Speaker, will you ever bring a necessary shutdown by passing a clean tions. bill to the floor that hasn’t been true to the CR and also by passing a clean debt Finally, House Resolution 361 pro- 3-day rule? ceiling bill that isn’t porked up with vides the necessary framework to move Speaker BOEHNER replied with one Tea Party sweeteners. Time is running forward with consideration of the farm word, ‘‘No.’’ out. The American people are frus- bill, with our friends in the Senate. In the same interview, Congressman trated. It’s time to get real. This isn’t Mr. Speaker, at midnight on Monday, BOEHNER said: a game. People will be hurt by your in- just 2 days from now, the Federal Gov- We need to stop writing bills in the Speak- transigence. Do the right thing. Do ernment would shut down if Congress er’s Office and let Members of Congress be your job. does not act to provide the necessary legislators again. We have nothing to fear I reserve the balance of my time. appropriations. There are varying from the battle of ideas. Mr. SESSIONS. Mr. Speaker, I yield schools of thought on what these ap- Those promises seem a million miles myself such time as I may consume. propriations should look like, but I be- away today. With great respect for the gentleman lieve that all Members, regardless of Sadly, since that time, the Repub- from Massachusetts, we have been de- party affiliation, are united in the un- lican majority has repeatedly violated bating these issues for a long, long derstanding that a government shut- their own promises of openness and time—not just the closed rule and the down is detrimental to this Nation and transparency; 33 times, the majority way that the ObamaCare bill was to the American people. has violated its own 3-day promise and rushed to the floor of the House in Over the next couple of days, there rushed legislation to the House floor. March a couple of years ago, but since will be much deliberation over how to They have avoided the committee proc- then, a complete denial about what appropriately fund this effort and the ess and brought legislation straight to really the real impact of ObamaCare is. government. This resolution before us the House floor 48 times. And despite And the gentleman is right, the gen- today is necessary to ensure that once promising to let the House ‘‘work its tleman is absolutely correct: Repub- a decision is reached, this body can will,’’ the majority has approved 157 licans, 100 percent of us, are absolutely quickly react without undue delay to closed or structured rules and just 31 opposed to ObamaCare. But there are prevent a government shutdown. open or modified rules. In short, the reasons why. It’s not some narrow po- b 1230 majority has shut out the Democrats litical ideology. In fact, it’s reality. I recognize that this is an important and shut out many Republicans and And the reality is—and I will lay time, as do all of my colleagues. Even shut down the democratic process. these out in several different formats, the House Chaplain is here on the floor Why have they done this? Not be- Mr. Speaker, just to make it easy for of the House today because he has cause they are letting the House work the American people to understand great expectations that we, as a body, its will. They have abandoned regular what we’re talking about—the cost to can work together to do the things order because an extreme faction of the taxpayers. And I know we were told that will ensure that our government Republican Party is so uncompro- there won’t be any cost to taxpayers; is seen in the light by the American mising that they are willing to shut but, in fact, there was a $716 billion cut people as doing the right thing for down our government or implode our to Medicare. That means senior care. them, because that is what our job and economy unless they get their way. This ObamaCare cuts seniors’ care. It our oath of office is, to make sure that As a potential government shutdown takes $716 billion out of Medicare to the American people are protected and looms just a couple of days from now, pay for ObamaCare. That’s wrong. That that we, as one Nation under God, will we still do not know what the Repub- is taking this out on America’s seniors. move forward together. lican majority is planning to do. What Next, there will be $1.8 billion that I urge my colleagues to vote ‘‘yes’’ we do know is that whatever they pro- we know about that we will be spend- on the resolution, and I reserve the bal- pose will have been written behind ing over the next decade alone to fund ance of my time. closed doors in an attempt to appease ObamaCare. Mr. MCGOVERN. Mr. Speaker, I want the most extreme elements of the Re- The cost to families. I’m from Dallas, to thank the gentleman, my friend publican Conference. Texas. On average, Texas families face from Texas, the chairman of the Rules Mr. Speaker, time is running out. a potential premium increase from 5 to Committee, for yielding me the cus- Now more than ever, the American 43 percent in the individual market and tomary 30 minutes. And I yield myself people deserve a fair and transparent a 23 percent increase for small groups. such time as I may consume. legislative process so that we can keep That’s the little bit that we know Mr. Speaker, this is a martial law our government open and our economy about the announcement that came out rule that will allow for consideration of on track. Implementing martial law, as the other day. It could be up to a 43 a yet-to-be-seen continuing resolution this rule would do, would be a step in percent increase. and a yet-to-be-seen debt ceiling bill. the wrong direction. And I urge my col- The cost to employers. Well, the cost This martial law rule also adds to the leagues to reject today’s rule and pro- to employers is also a cost to their farm bill the dreadful and hurtful cuts tect our democratic process. workers. It’s a cost to the economy. to food stamps that the Republicans Finally, Mr. Speaker, I would strong- It’s a cost to stock prices, which people approved last week, a cut that will ly urge my Republican friends not to have their pensions in. Recently, Delta throw 3.8 million people off the pro- shut this government down. Now, we’ve Airlines announced that ObamaCare gram, including 170,000 unemployed heard rumors that behind closed doors, will cost the company $100 million in veterans. Republicans are gathering and are try- increased premiums in just 1 year. This was a truly awful piece of legis- ing to figure out what to do. And I That’s a huge cost, $100 million. lation; and the way the Republicans know that you have to check with TED The impact on health insurance cov- continue to diminish the plight of poor CRUZ before you bring anything to the erage. Americans are losing their cur- people, the way they continue to beat House floor. But the rumors that we rent health insurance. Employers have up on programs that benefit them are hearing is that what you are pro- begun dropping spouses from their stuns me. It takes my breath away. posing is even more right-wing than health insurance. Just last week, UPS Mr. Speaker, once again, the Repub- what the Senate has already rejected, also announced an extra 15,000 spouses lican majority is back on the House in other words, a nonstarter. of its employees will be dropped from floor, trampling upon regular order and I would urge my friends, do not put their health insurance plan. eliminating any possibility of a fair the American people through yet an- ObamaCare’s impact on American and transparent legislative process. other manufactured crisis that will do jobs: fewer jobs. According to the CBO, When the majority assumed control great damage to our economy. Stop the ObamaCare will shrink employment by of this Chamber in 2011, they promised drama. This has become theater of the .5 percent. Well, let’s see what that to adhere to regular order. On March absurd. does. It doesn’t just decrease it by .5 10, 2010, National Journal reporter I am praying that there are some percent. It really means that full-time Major Garrett asked Speaker JOHN grownups in the Republican Conference workers are becoming part-time work- BOEHNER: who will take charge and avoid an un- ers directly as a result of ObamaCare.

VerDate Mar 15 2010 03:30 Sep 29, 2013 Jkt 029060 PO 00000 Frm 00015 Fmt 0636 Sfmt 0634 E:\CR\FM\K28SE7.026 H28SEPT1 smartinez on DSK6TPTVN1PROD with HOUSE H5940 CONGRESSIONAL RECORD — HOUSE September 28, 2013 ObamaCare puts 3.2 million jobs at risk President Barack Obama said at an address ‘‘The real costs are really not in terms of in the franchise industry alone. Fewer at the White House on Friday. ‘‘It would consumer confidence or any of the standard hours and more part-time jobs. Since throw a wrench into the gears of our econ- measures in macroeconomics or even the fed- ObamaCare was passed, there have omy at a time when those gears have gained eral budget,’’ he said. ‘‘The real costs are in some traction.’’ trust in government and belief that govern- been seven part-time jobs created for It may seem counter-intuitive that press- ment officials are paying attention to the every one full-time job. ing the pause button on the federal govern- real issues of the country.’’ That’s simple. I get that. As a former ment’s operations could come with such a Mr. Speaker, I yield myself such time employer, I understood if you put rules hefty price tag . . . so why does it take so as I may consume. and regulations on who is required to much cash to keep the government’s lights Let me just say, before I yield to the pay for full-time workers, they simply off? And why do estimates vary so widely? gentlelady from New York, the Repub- understood that and ducked out by hir- First, there’s the actual mechanics of pre- paring for a shutdown, like alerting staff of lican talking points we just heard are ing part-time employees. Full-time procedures and preparing to secure files and absolutely wrong, absolutely wrong. growth has only expanded by .23 per- facilities. For example, during the first five To suggest that somehow senior citi- cent. That’s two-tenths of 1 percent day shutdown in 1995, the Labor Department zens will get less care is just false. The since ObamaCare has passed. alone spent almost $12,000 on postage, print- fact of the matter is we see expanding This is not the direction America ing and paper for furlough notices. The care for senior citizens. We see pre- ought to be going. The Republican Treasury Department calculated the cost of ventative care being covered without Party is opposed to ObamaCare. We are developing contingency shutdown plans at copays. We see the doughnut hole in just over $400,000. here on the floor of the House of Rep- That process—and some of the costs associ- the Medicare prescription drug bill resentatives again; and I think we are ated with it—is already underway days or that the Republicans passed, where gathering support across the lines of even weeks before a shutdown deadline, seniors are asked to pay huge out-of- the American people, including union whether the crisis is averted or not. pocket expenses, closing down. leaders who say this is the wrong way ‘‘Those costs begin to be incurred now, We are seeing young people being to go. when the debate is still going on,’’ said able to stay on their parents’ insurance I don’t know that this is the last Bruce Yandle, a professor of economics at until they are 26. It is no longer consid- time to say ‘‘no.’’ But we are taking Clemson University who served as the execu- ered to be a preexisting condition if tive director of the Federal Trade Commis- every opportunity we can, as the Re- sion during the Reagan Administration. ‘‘It’s you are a woman in this country be- publican Party, to say that where we what employees are already discussing cause of the Affordable Care Act. And I are headed with this costly health care around the water cooler. It’s already affect- could go down the list of all the things change, which will diminish and de- ing decisions being made by management.’’ that have been accomplished. stroy America’s greatest health care The impact of a brief shutdown—or even Now, let me just say to my Repub- system in the world, is what we are just the threat of one—for government con- lican friends, you lost the last election. going to stand up for. tractors can also mean higher costs for fed- You lost big. President Obama won re- eral agencies in the future, although it’s al- election. Your whole election was Mr. Speaker, I believe that the facts most impossible to assign a dollar amount, of the case are a daunting task for our says Roy Meyers, a political science pro- about the Affordable Care Act. He won American economy to overcome. And fessor at the University of Maryland Balti- reelection by 5 million votes. Demo- that’s why the Republican Party, the more County and a former CBO analyst. crats picked up seats in the Senate. We party of full-time jobs and careers, is ‘‘It can reduce the profits of the contrac- even picked up seats in the House. And on the floor of the House of Represent- tors,’’ says Meyers. ‘‘And the next time they by the way, in terms of the congres- atives, thoughtfully articulating here consider working with the federal govern- sional races, Democrats received 1 mil- and to the American people about why ment, they count that as a risk, and they lion more votes than Republicans did. charge more.’’ we’re doing what we’re doing. That impact could be felt acutely in the You lost the last election. I reserve the balance of my time. Washington, D.C., area, where many contrac- Now, if you don’t like the Affordable Mr. MCGOVERN. Mr. Speaker, I tors are based. And that could be com- Care Act, there’s a way you can deal would like to insert into the RECORD an pounded by the impact on tourism in the with it: you can go out and try to win article entitled, ‘‘Why a Government District as federally-funded museums and some more seats. And then you can Shutdown Could Be a Pricey Propo- monuments are shuttered. The shutdowns of come to the floor, introduce bills, bring sition,’’ talking about the cost to the the 1990s cost the District of Columbia an es- them through committee, you know, timated $50 million in lost business and can- have the Senate do the same thing, taxpayers if the Republicans move cellations, officials said at the time. ahead with the shutdown. There’s also the issue of back-pay for fur- conference them, and then send them WHY A GOVERNMENT SHUTDOWN COULD BE loughed workers. While only those workers to the President’s desk. And by the PRICEY PROPOSITION deemed ‘‘non-essential’’ would stay home way, you can try to win the Presi- (By Carrie Dann) during a shutdown—about 40 percent of the dency. That’s the normal way to do federal workforce during the mid-1990s— [From NBC News, Sep 28, 2013] legislative business. there’s a precedent for lawmakers granting What you are doing here is you have If past is prologue, a looming government those individuals their pay once the govern- distorted the legislative process. This shutdown could actually cost U.S. taxpayers ment is back up and running, even though money. A lot of money. is making a mockery of the legislative they weren’t producing any work. process. You have turned this House of According to the Office of Management and Cost estimates must also factor in delays Budget, the two shutdowns in 1995 and 1996 in the collection of fines and fees typically Representatives into a laughingstock. cost taxpayers $1.4 billion combined. Adjust gathered by federal agencies. And the bottom line is, what the Amer- for inflation and you’ve got $2 billion in to- OMB said after the twin shutdowns in 1995 ican people want us to do right now is day’s dollars. and 1996 that $2.2 billion worth of licenses for to keep the government moving ahead, Those two shutdowns lasted a total of 27 U.S. exports were delayed and that some $60 keep it running—not shut it down— days, but there’s no telling how long the gov- million in environmental fines and settle- deal with the debt ceiling without ernment could be shuttered this time around ments were not collected or negotiated. holding that hostage to all the Tea if Congress fails to act by Monday at mid- Most of those fees eventually get collected, night. Even shorter shutdowns have proven says Yandle, but the delays and the incon- Party sweeteners, and do our job. successful at draining government funds. venience to businesses and consumers can Democrats are willing to work with In the immediate aftermath of the first end up having resonance that won’t show up Republicans to get things done. But in- government shutdown in 1981, the most con- in cost estimates at all. stead, you are all huddled in this secret servative estimate—conducted by the Gen- ‘‘Those costs that cannot be estimated are meeting somewhere in the Capitol, eral Accounting Office (now called the Gov- often much more important than those that where there’s no transparency, where ernment Accountability Office)—put the cost can,’’ he said. we have absolutely no say, where we’re of shutting the government down for a single Meyers argues that a shutdown’s cost to going to be told, Here it is; take it or day at $8.2 million, or almost $21 million in the budget or the effects on the overall econ- today’s dollars. A House panel later con- omy estimates—flawed as they may be—pale leave it. That’s not the way this proc- cluded that the day-long furlough cost tax- in comparison the societal cost of a govern- ess should work. This process has be- payers 10 times more than that. ment that seems bent on playing political come a disgrace. ‘‘Past shutdowns have disrupted the econ- chicken rather than focusing on solving So I say to my colleagues that the omy, and this shutdown would as well,’’ problems. notion that somehow your health care

VerDate Mar 15 2010 04:27 Sep 29, 2013 Jkt 029060 PO 00000 Frm 00016 Fmt 0636 Sfmt 0634 E:\CR\FM\K28SE7.028 H28SEPT1 smartinez on DSK6TPTVN1PROD with HOUSE September 28, 2013 CONGRESSIONAL RECORD — HOUSE H5941 benefits have been decreased because of Senate, none. Absolutely none. So we Ten days ago, we had a debate on this the Affordable Care Act is just so far are having to do a continuing resolu- floor where we heard about what the from the truth, it’s comical. tion because we have no budget. A Republican Party was doing: Taking At this point, I yield 5 minutes to the budget was passed in the House; a food away from disabled people; that’s gentlewoman from New York (Ms. budget was passed in the Senate. The not true. Today, we hear about how Re- SLAUGHTER), the distinguished ranking Republicans in the House of Represent- publicans want to repeal all laws that member of the Rules Committee. atives have refused what is normal are related to clean water, clean air, Ms. SLAUGHTER. Thank you very process, to sit down and confer over all of these onerous things that they much. I appreciate my colleague for that budget and give us a budget. talk about; not true. We’re for clean yielding. Since January of 2011, 42 votes have water; we’re for clean air. Mr. Speaker, I think the gentleman been held here to defund or to under- I, myself, and many of my colleagues, from Massachusetts did a very good job mine the historic law. They have re- are outdoorsmen who believe in not of refuting what we heard in the talk- peatedly failed to complete the most only the wilderness of this country but ing points, but let me add just one or basic of congressional functions, which also the freedoms that come with that. two things to it. is passing the appropriations legisla- We’re for clean water and clean air, but We’ve always known that if people tion to keep the government open. In we’re not for the rules and regulations say an untruth often enough, loud fact, what their mantra is: Do we need that kill jobs like the Democrats’ war enough, that they begin to believe it to create jobs in America? Well, let’s on coal, and that’s when Republicans themselves. But we still hope that the repeal ObamaCare. Do we need to bal- do stand up, Mr. Speaker. We stand up country out there at large will not. ance our budget? Well, let’s repeal and say: We’re not going to tolerate Let me just put it this way as suc- ObamaCare. We need to keep the gov- taking away our constitutional rights cinctly as I can. The same group that’s ernment open; oh, my goodness, let’s nor the rights of free people to have fighting today also fought the Social repeal ObamaCare—the answer to ev- their jobs by rules and regulations that Security law and the Medicare law. erything and the cure for absolutely are based upon premises that just They hated it all. They didn’t want any nothing. aren’t even true, that cannot stand the of that done, and I don’t believe that And now their legislative mal- test of sound science. the American people now are feeling practice—and I don’t know of anything Mr. Speaker, at this time, I yield 5 very good about giving up either one of else that you can call it—has led us to minutes to the gentleman from Texas those. the brink of a major crisis. Reading (Mr. BURGESS), who is one of the Their fear right now is that when just this morning from Frank Keating, brightest Members of our body and who this bill goes into effect—not until the former Republican Governor of also sits on the Rules Committee. January—all the awful things you have Oklahoma: What in the world is going Mr. BURGESS. Mr. Speaker, I thank heard about are not even in effect yet on here? What in the world do we think the chairman for yielding to me. because this bill is not in effect—that we’re doing? I just heard a term used here, ‘‘legis- it is going to be a success, and they are As they begin to see the con- lative malpractice.’’ It’s an interesting going to have a lot of explaining to do. sequences of their action, they’re dou- term because I believe it applies so suc- Now, a report just released that I bling down, putting forth a list of de- cinctly to the process that gave us the heard about yesterday showed that mands that even the greediest child on Affordable Care Act. only 1 percent of businesses in the Christmas morning would be put to Many people now don’t even remem- United States of America have made shame. In exchange for averting gov- ber December 21, 2009. It is but a dis- any changes at all. And, indeed, small ernment shutdown and a global eco- tant and dim memory; but on that very business gets great benefits providing nomic crisis, the House majority con- night, on the longest and the darkest health care in tax rebates. siders making the following demands: evening of the year, the Senate held a Now, the most important thing I A 1-year delay of the individual man- cloture vote to allow the Affordable want to say—because the contrast to date, which would gut the health care Care Act to proceed to a vote in the what we’re doing here today is so glar- law; the implementation of Congress- full Senate. It passed the 60-vote mar- ing. When we did the health care bill— man RYAN’s tax reform plan, which gin. On Christmas Eve, the Affordable and every President since Teddy Roo- does away with Medicare, by the way, Care Act passed by that same 60-vote sevelt has tried to—when we did it, it despite the fact that voters, as my col- margin, right ahead of a big snowstorm went through the committee process in league said, rejected his draconian vi- because all of the Senators wanted to both Houses, and everybody had a sion as he ran for Vice President last get out of town. chance. Every committee in the House year; and the repeal of Dodd-Frank. Let’s think about this for a minute. and in the Senate contains both Repub- The SPEAKER pro tempore. The Were there hearings on H.R. 3590 in the licans and Democrats who proposed time of the gentlewoman has expired. House of Representatives? No, there amendments. Some of them were ac- Mr. MCGOVERN. I yield an addi- were not. There were health care hear- cepted. In fact, one of the ones we are tional 1 minute to the gentlelady. ings, to be sure. Those led to a big, ex- working with now is to try to make Ms. SLAUGHTER. The repeal of plosive growth in attendance at our some sense out of the one that was Dodd-Frank so that we can go back to town halls in the summer of 2009, but added by Senator GRASSLEY over in the an era of unregulated Wall Street there was never a hearing on H.R. 3590, Senate, a Republican. banks; and they want to construct the save the hearing in the Rules Com- The idea that we rammed this thing Keystone pipeline. mittee the night before it came to the through in the middle of the night and None of this has anything in the floor of the House in March of 2010. The nobody had ever seen it is absurd. world to do with what is facing us hearings on H.R. 3200 were vastly dif- today. They want to do away with all ferent from the law as written in H.R. b 1245 of the environmental regulations. The 3590. Everybody knew about it. The whole list goes on and on. And here’s the real crux, Mr. Speak- thing was transparent. The committee It is time for this temper tantrum to er. Here’s what’s really wrong and why meetings were all open, and everybody end and for cooler heads to prevail. Washington is in such a lather right had a chance. There must be some cooler heads here now: The Affordable Care Act was Never in the world have we ever seen on the other side. With time running never intended to become law. It was a people fight so hard to do away with a out, the majority has to act to keep vehicle to get the Senators home on piece of legislation that is a legitimate this government open and try to get Christmas Eve before the snowstorm. law. And what do they do with the rest this economy on track. The American It was never intended to be law. The of it? They have dropped the entire people must be spared from the con- law that was passed by the Senate was process of governing the House of Rep- sequences of a majority that cannot a rough draft. It’s equivalent to saying resentatives. We have, over this year, find the will or the ability to legislate. the dog ate my homework so I turned seen not a piece of work get down. Ap- Mr. SESSIONS. Mr. Speaker, I yield in the rough draft; and, unfortunately, propriations bills in the House and myself such time as I may consume. the rough draft got signed into law the

VerDate Mar 15 2010 04:27 Sep 29, 2013 Jkt 029060 PO 00000 Frm 00017 Fmt 0636 Sfmt 0634 E:\CR\FM\K28SE7.029 H28SEPT1 smartinez on DSK6TPTVN1PROD with HOUSE H5942 CONGRESSIONAL RECORD — HOUSE September 28, 2013 following March, and that’s why on out-of-pocket maximums, delayed hearings on what is being decided in there’s so much difficulty with this. for another year. Small business health the back room somewhere in the Cap- You know, HR directors across this exchanges, gone for another year. The itol here? Will Members be able to offer country, labor lawyers across this story repeats itself over and over amendments? Or are we just going to country are just literally pulling their again. I dare say, we will see a com- be given something and told to take it hair out trying to make heads or tails pression of morbidities next week and or leave it? of what they are required to do under the week after, after this thing is sup- I yield 10 seconds to the gentleman. the law. They get conflicting informa- posed to go live. Mr. SESSIONS. I appreciate the gen- tion from people at the Federal agen- Mr. Speaker, the fact of the matter tleman engaging me. cies. is, had we had hearings, we might have An announcement has been made, Goodness knows, in our committee actually come to an answer that would Mr. Speaker, that the Rules Committee hearings on Energy and Commerce, we be more logical. Why didn’t we ask any will be in this afternoon to do just have yet to have an administration Governor what they thought of what that. I thank the gentleman person come in and really be prepared the Congress was doing with health Mr. MCGOVERN. Mr. Speaker, in to answer our questions. What they are care in 2009? Where was Governor other words, none of the committees of prepared to do is to try to mislead us Mitch Daniels, who had managed to jurisdiction that oversee a lot of the and try to fill the time and try to fili- hold down cost in his State employees’ issues in the CR will be having any buster and live through the hearing of health care by 11 percent over 2 years hearings or there will be any markups the day and then get on to whatever it with his Healthy Indiana Plan? Why on that. is they do. didn’t we have him into committee to I would also say to the gentleman I asked the Director of the Center for find out how he had managed to do from Texas (Mr. BURGESS) who kind of Consumer Information and Insurance that? Why didn’t we have the Governor went on about no hearings, there were Oversight just last week: Will you be of Utah, who was attempting to set up lots of hearings on the Affordable Care ready on October 1? A yes or no ques- exchanges in his State? Act. Maybe he didn’t go to them, but tion; I asked for a simple yes or no an- The SPEAKER pro tempore. The there were lots of them, number one. swer. He gave me a long, convoluted time of the gentleman has expired. I would like to ask him: How many answer about people going online and Mr. SESSIONS. I yield the gentleman hearings were there on the bill that the this, that, and the other. I said: You an additional 1 minute. Republicans brought up last week to can’t answer the question ‘‘yes’’ or Mr. BURGESS. The Governor of Utah cut the food stamp program by $40 bil- ‘‘no?’’ He repeated his long discourse. had been trying to set up exchanges in lion, throwing 3.8 million low-income But then what happened, while the his own State for some time. He came people off the program, throwing President himself was out giving a to our committee and testified after 170,000 veterans off the program? How speech on the greatness of the Afford- the fact, after this thing had passed, many hearings on that? None. Zero. able Care Act, oh, yeah, the Depart- after the Republicans were back in the This is becoming a habit in this ment of Health and Human Services majority and we invited him in. He House where the committees of juris- put out a little memo that, in fact, said: I don’t know what to do. I’m on diction don’t even have a say. The Ag- people won’t be able to go online. They riculture Committee didn’t have a might have to fax their information in shifting sands. Nothing seems stable right now. chance to hold a hearing or even a on October 1. markup on that bill. This is the way And here’s the real point. Sure, you Where were the Governors when this law was written? Where were the Gov- this House is being run. can criticize Republicans for having 42 I would just again remind the gen- votes to repeal parts of the Affordable ernors in our hearing? Mr. Speaker, we are at a crucial time tleman from Texas (Mr. BURGESS) Care Act. Guess what? Seven times again, look, you may not like the Af- we’ve been successful. It passed the in our country. The House is going to put forward legislation today that will fordable Care Act—I get it—but it Senate and went on to the President passed with a majority of votes in the and he signed it. Gone are the 1099s; keep our government open and funded. I pray—I pray—that HARRY REID and House and a majority of votes in the gone are the CLASS Act. There are Senate. The President signed it into some things that, in fact, have hap- the President of the United States will law. That’s the way we do things here. pened to actually make the Affordable not shut the government down. That’s the way laws are passed. And Care Act a little bit better. But who Mr. MCGOVERN. Mr. Speaker, oh, you didn’t like it and you went to the has been the delayer in chief on the Af- my goodness. Supreme Court, and the Supreme Court fordable Care Act? It has been the First of all, I would say to the gen- upheld it. I’m sorry you don’t like it, White House. It has been the President tleman from Texas who just went on but the majority voted for it, and I himself. this kind of diatribe trashing the Presi- Why do I say that? They extol the dent of the United States and the Af- think a majority of people in this coun- benefits of coverage for preexisting fordable Care Act, rather than doing try, once they understand that all the conditions, but no one can go to the that, maybe he can enlighten us about falsehoods and distortions that are Department of Health and Human what’s going on in that secret meeting being told here are nothing more than Services and sign up for that Federal downstairs? What has the right wing Republican talking points, I think preexisting program. They closed the decided to do in terms of bringing a CR they’ll appreciate the fact that health window on February 1 and said, Good to the floor or debt ceiling? I’d be care will be a right in this country and luck. We’ll see you next January 1 happy to yield 10 seconds to him to tell not a privilege. when you can sign up for ObamaCare. us what’s coming to the floor. The SPEAKER pro tempore. The That’s no answer to the problem. I was referring to the other gen- Chair reminds all Members to direct And look at what happened on July 2, tleman from Texas, but if this gen- their remarks to the Chair and not to right before everybody was to leave for tleman from Texas can inform us what, others in the second person. the July Fourth holiday: 6 o’clock in in fact, is coming. Mr. MCGOVERN. I yield 3 minutes to the evening, on a blog post, they de- Mr. SESSIONS. I certainly can, and I the gentlewoman from Connecticut layed the employer mandate. appreciate the gentleman yielding. (Ms. DELAURO). Now look, HR directors across the Mr. MCGOVERN. I yield the gen- Ms. DELAURO. Let me begin by para- country are calling my office and ask- tleman 10 seconds. phrasing Sir Walter Scott, and I think ing: What Twitter feed do we need to Mr. SESSIONS. We’re gathering our it’s really an accurate description of follow to find out what’s happening to ideas together, and we’re going to come what is going on on the other side of this law? Do I need to go on Instagram to this floor of the House this after- the aisle with the Republican majority. to keep up with what’s happening in noon and, with resolve, help the Amer- Sir Walter Scott said: this law? What’s going to be delayed ican people. Oh, what a tangled web we weave when next? Mr. MCGOVERN. That’s not particu- first we practice to deceive. The President of the United States larly enlightening; but, let me ask the This is about deception of where we has been the delayer in chief. The caps gentleman: Are we going to have any are moving forward.

VerDate Mar 15 2010 03:30 Sep 29, 2013 Jkt 029060 PO 00000 Frm 00018 Fmt 0636 Sfmt 0634 E:\CR\FM\K28SE7.031 H28SEPT1 smartinez on DSK6TPTVN1PROD with HOUSE September 28, 2013 CONGRESSIONAL RECORD — HOUSE H5943 Mr. Speaker, I rise in opposition to The Department of Agriculture re- much as he does, and there is a con- this rule. It aims to put our country on ports it spent $14 billion on crop insur- stitutional way to run the government, the same radical, dangerous, ideolog- ance last year alone. This majority which we are all supporting here. ical path that was decisively repudi- chooses to force over 4 million low-in- It seems what the gentleman wants ated at the polls last November. We all come Americans to go hungry—chil- to do is just trash all that. He wants to know one definition of insanity is dren, seniors, veterans, and working say that what happens in the House doing the same thing over and over. families—while continuing to provide and the Senate doesn’t matter; the Well, here we are again. the richest of subsidies to the rich. President signs it, it doesn’t matter; The House majority is trying to Let’s be clear: we are at the eleventh the Supreme Court rules, it doesn’t move one step closer to locking in the hour. It is time for the majority to matter. I don’t know where he’s com- deep, automatic cuts caused by seques- stop playing games, stop trying to re- ing from. tration. Everyone in this room knows peal the last election, and stop trying Mr. Speaker, I yield 3 minutes to the these cuts are destroying jobs all to push a government and the entire gentlewoman from Texas (Ms. JACKSON across America, robbing children of the economy into a shutdown. We have to LEE). education they need, slowing the pace do better. (Ms. JACKSON LEE asked and was of lifesaving research, and threatening I urge my colleagues to oppose this given permission to revise and extend everything from public safety to public rule. her remarks.) health. Even the chair of the Appro- Mr. SESSIONS. Mr. Speaker, I yield 1 Ms. JACKSON LEE. Mr. Speaker, I priations Committee—I might add, a minute to the gentleman from Hous- thank the gentleman from Massachu- Republican—has said: ton, Texas (Mr. CULBERSON). setts for yielding and for his leader- Sequestration—and its unrealistic and ill- Mr. CULBERSON. Mr. Speaker, our ship. conceived discretionary cuts—must be job description is ‘‘Representative,’’ We do live in a constitutional Repub- brought to an end. and we are reelected every year to lic. That constitutional Republic re- b 1300 come to change the law, no matter quires for this Nation not to be held This rule does exactly the opposite. what might have happened in previous hostage by self-centered special inter- It allows the majority to advance a Congresses. ests. budget that makes these dangerous Today, in a few hours, the Nation is We come to the floor today to stand cuts permanent. going to see the constitutional con- in opposition to the minority of the This resolution also seeks—for the servative majority in the House stay majority holding the vast numbers of 43rd time—to deny quality, affordable true to our word to our districts and to Americans who want a rational ap- health care to millions of Americans. our Nation to stand on principle. We proach, to continue the operation of In fact, the Affordable Care Act has will have the courage of our convic- this government, and to be able to passed the Congress—House and Sen- tions to do what we need to do to slow make a difference. ate. It was signed into law by the down this destructive law that was So I rise today and say that martial President. It was upheld by the Su- rammed through this House in less law—even the concept of it—is one that preme Court. And it was reaffirmed by than 24 hours—so rapidly that even finds itself with a very difficult the American people at the ballot box. Speaker PELOSI said we had to pass the premise. Whatever we want to throw Let me say to my colleagues on the law to find out what was in it. down today, the American people have other side of the aisle: get over it. The We are elected every Congress to to take it. And so if someone rises and Nation doesn’t want to repeal this bill. come back and try to change the law. says there are Medicare cuts, we have They do want, if there are problems, to But today, the Nation will see the to take it and believe that it happens. make changes. In short, it is the law of courage of the conviction of the con- The Affordable Care Act did not do the land—one that will help Americans stitutional conservatives that are in that. In fact, the Affordable Care Act lead healthier lives without having to the majority in this House doing our rescued seniors from the abyss of the worry about being bankrupted by an job for our districts and our Nation. We doughnut hole. When you threw them injury or an illness. will be 100 percent unified in this effort over the doughnut hole, when they And what my colleagues want to do, because we’re standing on principle. were drowning in the doughnut hole be- quite frankly, is they want to return Mr. MCGOVERN. Mr. Speaker, I yield cause of Medicare part D, we’ve helped your decisions on your health care myself such time as I may consume. them cut their prescription costs. back to the insurance companies to Maybe the gentleman from Texas can And so this misrepresentation about make the decisions on your health enlighten us as to what’s going on in the Affordable Care Act and the ur- care, and to tell you that they’re not the secret meeting downstairs with the gency to defund it is a misnomer, it’s going to cover you for a preexisting Republicans because we have no idea incorrect, and it’s just plain wrong. condition. They won’t cover your child what’s going to come to the floor. We This proposed CR, or continuing reso- who may have asthma or autism, or for have no idea about what’s going to be lution, that now wants to delay the in- someone like myself, who is a cancer in this continuing resolution or wheth- dividual mandate, Mr. Speaker, I don’t survivor. er we’re going to have a debt ceiling think my colleagues remember the The SPEAKER pro tempore. The bill or anything. We’re in the dark hours and days and weeks of hearings time of the gentlewoman has expired. here. We’d like to know. I think the that we had in this place. Maybe they Mr. MCGOVERN. I yield the gentle- American people would like to know don’t remember the little girl who was woman an additional 1 minute. what’s in this bill. suffering from leukemia that went into Ms. DELAURO. And because they Can you enlighten us about what’s an insurance company with her family cannot repeal the law through the happening in this secret meeting? Is in California and died because the in- usual process, the majority is threat- TED CRUZ in the meeting? What’s going surance company would not cover her ening to bring down the government— on? because she had a preexisting disease. I and soon, the economy—to get their I yield to the gentleman from Texas wonder what it feels like to see your way. This could not be more irrespon- for 5 seconds. child die in your arms because there is sible. Mr. SESSIONS. I thank the gen- no insurance. They also want to push forward a tleman for yielding. I will not vote for anything that will rule that will move their farm bill with It is a meeting all Republican Mem- delay the individual mandate while $40 billion in cuts in the food stamp bers are attending, and we are meeting young women over the age of 26 who programs, while at the same time pro- together and speaking. We will be up in are susceptible to early cancer will not viding $90 billion in crop insurance sub- the Rules Committee this afternoon. be able to find affordable, reasonable sidies for wealthy agribusiness. Deep Mr. MCGOVERN. Reclaiming my health insurance. Not on my watch. cuts to the food stamp program have time, I would say to the other gen- I will not vote for this rule. And I ask nothing to do with cutting the debt and tleman from Texas that we’re all elect- you not to vote for it. It is interesting everything to do with the majority’s ed, too. We respect and appreciate and that we can cut $40 billion out of food radical ideology. value the Constitution every bit as subsistence for 46 million Americans—

VerDate Mar 15 2010 03:30 Sep 29, 2013 Jkt 029060 PO 00000 Frm 00019 Fmt 0636 Sfmt 0634 E:\CR\FM\K28SE7.032 H28SEPT1 smartinez on DSK6TPTVN1PROD with HOUSE H5944 CONGRESSIONAL RECORD — HOUSE September 28, 2013 75 percent are children, 23 percent are anything other than keep the govern- Mr. AL GREEN of Texas. Mr. Speak- disabled, 11 percent are elderly, and ment open until November 15 vis-a-vis er, it is time for my Republican col- some of them are the families of sol- the Senate bill, the Republicans will leagues to do more than repeal. It is diers—but we can vote today to give have done what they did 17 years ago: time for my Republican colleagues to fat cats subsidies. shut the government down. pass a bill. You will divide us like that if you This is extremely irresponsible, Mr. Who can deny that the House is con- want to make sure that you take care Speaker. It’s extremely irresponsible trolled by my Republican colleagues? of your district and not take care of because people on Social Security who They control every committee, they America. Well, I came today to rise on need to call and get their questions an- control every subcommittee. They are the floor of the House to say that the swered—and who might need to get in control. Who can deny that they Founding Fathers stuck together in some real responsive answers—won’t have the opportunity to pass the per- the Thirteen Colonies when they de- get them because there won’t be people fect bill to deal with health care in this clared their independence. There’s there to man the phones. country? something about unity for the greater Veterans’ services will be slowed Where is the bill that will deal with good. And I refuse to let this House fall down, as well as national parks, med- closing the doughnut hole for senior on the spear for individual selfish per- ical research, and all types of people citizens? Where is the bill that will spectives—because I got mine, you get working for the Federal Government help those who have preexisting condi- yours. America deserves better. We will will have a painful payday. They’ll tions to acquire insurance? Where is vote in the best interest of America. It have time when they’re in suspended the bill that will deal with the cap that is to continue this government and animation. No matter what is going on, has been placed on insurance prior to provide for ObamaCare and make sure their lives will be turned upside down, ObamaCare? that there’s health care for a better as they don’t know what is going to They are in charge. The logical ques- America. happen. tion is: Why haven’t they passed a bill Mr. SESSIONS. Mr. Speaker, I yield So we’re not taking up the Senate since the Affordable Care Act passed myself such time as I may consume. bill, apparently. We don’t know what more than 3 years ago? It is time to do more than repeal. I appreciate the gentlewoman’s argu- we are taking up, but we’re not taking You have to have a bill. It is time for ments that she makes on the floor, but up that. And that is irresponsible and my Republican colleagues to do the the facts of the case are the facts of the wrong. logical thing, to do the judicious thing, case. Why are we doing this? Is there some ObamaCare took $716 billion out of big reason? The reason was the deficit. to do the prudent thing: pass your bill. Medicare to fund ObamaCare. Sec- You recall, Mr. Speaker, August 2011, Then we can see how ObamaCare ondly, since ObamaCare was passed, the Republicans threatened to break passed to what you have, which of there have been seven part-time jobs the debt ceiling and default on Amer- course is the perfect bill. It’s time to do more than repeal. It is added for every one new full-time job ica’s full faith and credit because of time to pass a bill. added. debt and deficit. We’re not even talking about that today. It’s all now about Mr. SESSIONS. Mr. Speaker, we have We cannot pay for this bill. It is non- our Republican majority Members here sustaining, and it’s harming America ObamaCare. Mr. SESSIONS. Mr. Speaker, I yield ready, willing, and able not just to do and its future. That’s why Republicans the work of the American people, but are here, gathering in strength and in myself such time as I may consume. There’s a lot of words that are com- to do the things that will make sense numbers with resolve again today. about our future for the next genera- I reserve the balance of my time. ing out of my friends’ mouths about a secret meeting, about things that are tion of Americans. Mr. MCGOVERN. I yield myself such happening, like they can’t figure it I am through with any speakers that time as I may consume. we now have and would reserve the bal- Mr. Speaker, it’s pretty clear what’s out. Mr. Speaker, right behind me are ance of my time for the gentleman to going on here today. My Republican going to be 230 strong Republican Mem- close and use his time as he chooses. friends didn’t get their way so now bers of Congress who were in a meeting Mr. MCGOVERN. Mr. Speaker, may I they’re throwing a tantrum. where we, with great resolve, saw the inquire as to how much time I have re- I see many more Members on the maining. floor today as these speeches have gone future of this country. They saw it not only the same way, but we’re going to The SPEAKER pro tempore. The gen- on. I’m just curious: Can anybody en- tleman from Massachusetts has 21⁄2 lighten us on what in fact happened in do our job. I think the height of irresponsibility minutes remaining. your secret conference, what we’re is any of these two bodies sending their Mr. MCGOVERN. I yield myself the going to vote on? I think the American Members home. Speaker JOHN BOEHNER balance of my time. people would like to know. has the Republican Members of Con- Mr. Speaker, we are voting on a mar- I yield to anybody if they can tell me gress who are here, ready, willing, and tial law rule that will allow us to bring one fact that has been decided. able to vote. up either a continuing resolution or a I guess nobody wants to tell us. And you’re right, you did hear these debt ceiling bill this very day, and no- Mr. Speaker, I yield 2 minutes to the Members gathering together with ex- body has seen anything. Nobody has gentleman from Minnesota (Mr. ELLI- citement about helping our future, seen any language. SON). helping the American people. That’s There has been a secret meeting with Mr. ELLISON. Mr. Speaker, the gen- why we’re here today. We’re proud to Republicans to talk about what they tleman from Massachusetts yielded to be Republicans. We’re proud to be can pass, but none of that information me, but I don’t know what they’ve got Americans, one Nation under God. has been shared with us. There have cooking over there. I reserve the balance of my time. been no hearings. There’s been nothing. What I do know is this, Mr. Speak- What a lousy way to run a government. er—and this is abundantly clear: unless b 1315 This is not the way it should be done, we take up the Senate bill, unless we Mr. MCGOVERN. Mr. Speaker, I And it doesn’t have to be done this take up what the Senate has passed, we would just say to the gentleman, if it’s way. will be in a situation where whatever is not a secret meeting, can someone tell Mr. Speaker, the stakes are very put on the floor and passes will have to us what happened in it, or is just for high. You know, come Monday at mid- go back to the Senate. And HARRY REID Republicans only? I think we ought to night, if we don’t do the right thing, has indicated we don’t have time. know what we’re voting on before we the government is going to shut down. So unless we take up the Senate bill, vote on it. Maybe that’s a radical idea And as I said earlier in the debate, that we are going to head for a shutdown. in this Republican-controlled House, is going to cost the American tax- That means the Republican majority but I think it’s a reasonable request. payers a great deal of money. Shut- has just shut down the government. At this time I’d like to yield 2 min- downs aren’t free. Now we still have time. Reasonable utes to the gentleman from Texas (Mr. Part of the problem here is that my heads can still prevail. But if we do AL GREEN). Republican friends can’t get over the

VerDate Mar 15 2010 03:30 Sep 29, 2013 Jkt 029060 PO 00000 Frm 00020 Fmt 0636 Sfmt 0634 E:\CR\FM\K28SE7.034 H28SEPT1 smartinez on DSK6TPTVN1PROD with HOUSE September 28, 2013 CONGRESSIONAL RECORD — HOUSE H5945 fact that they lost the Presidential from people and making us more reli- Roe (TN) Shuster Wagner election. The right wing is holding the ant upon the Federal Government. Less Rogers (AL) Simpson Walberg Rogers (KY) Sinema Walden economy hostage based on a fixation pride and freedom will be available in Rogers (MI) Smith (MO) Walorski on this view that everybody in this America if we do not do something Rokita Smith (NE) Weber (TX) country doesn’t deserve health care, about it. Rooney Smith (NJ) Webster (FL) Roskam Smith (TX) when I think the majority of Ameri- The cost is simple. The cost means Wenstrup Ross Southerland Westmoreland Rothfus Stewart cans believe that everybody should that we’re finding that $716 billion was Whitfield Royce Stivers have access to good, quality health taken by the Democrats out of senior Williams Runyan Stockman care in this country. care in ObamaCare to fund the Ryan (WI) Stutzman Wilson (SC) I know you don’t like the Affordable ObamaCare issue. The bottom line is, Salmon Terry Wittman Care Act, but it passed. It passed the since ObamaCare was passed, there Sanford Thompson (PA) Wolf Womack House and the Senate, signed by the have been seven part-time jobs created Scalise Thornberry Schweikert Tiberi Woodall President. The Supreme Court even for every one full-time job. That is not Scott, Austin Tipton Yoder upheld it. If you want to work with us a future that we are going to stand Sensenbrenner Turner Yoho to make it better, we’re willing to do with. The Republican Party is here in Sessions Upton Young (AK) that. But the idea that you want to strength and numbers today. Shimkus Valadao Young (IN) hold this economy hostage to repeal Mr. Speaker, I yield back the balance NAYS—191 this is just ridiculous. of my time and move the previous Amash Green, Al Nolan I would urge my colleagues, in clos- question on the resolution. Andrews Green, Gene O’Rourke ing, to listen to your constituents. The Barrow (GA) Grijalva Owens The previous question was ordered. Bass Hahn Pallone majority of people in this country do The SPEAKER pro tempore. The Beatty Hanabusa Pascrell not want you to shut this government question is on the resolution. Becerra Hastings (FL) Pastor (AZ) down. The majority of people do not Bera (CA) Heck (WA) Payne The question was taken; and the Bishop (GA) Higgins want you to defund the Affordable Care Perlmutter Speaker pro tempore announced that Bishop (NY) Himes Peters (CA) Act. Listen to your constituents—and the ayes appeared to have it. Blumenauer Hinojosa Peters (MI) Bonamici Holt not some guy in the other body, who Peterson Mr. MCGOVERN. Mr. Speaker, on Brady (PA) Honda Pingree (ME) one of his own colleagues referred to a that I demand the yeas and nays. Braley (IA) Horsford Pocan ‘‘whacko bird.’’ Broun (GA) Hoyer The yeas and nays were ordered. Polis The bottom line is: do the right Brown (FL) Huffman The vote was taken by electronic de- Price (NC) thing. Do the right thing. Keep this Brownley (CA) Israel vice, and there were—yeas 226, nays Bustos Jackson Lee Quigley government open. Do not shut the gov- Rahall 191, not voting 14, as follows: Butterfield Jeffries ernment down. I appeal to the Capps Johnson (GA) Rangel grownups in the Republican Conference [Roll No. 493] Capuano Johnson, E. B. Richmond Roybal-Allard to come together. Let’s have a com- YEAS—226 Ca´ rdenas Jones Carney Kaptur Ruiz promise that we can pass and that we Aderholt Fincher Lance Carson (IN) Keating Ruppersberger can send to the President and keep this Amodei Fitzpatrick Lankford Cartwright Kelly (IL) Ryan (OH) Bachmann Fleischmann Latham government going and also address our Castor (FL) Kennedy Sa´ nchez, Linda Bachus Fleming Latta Castro (TX) Kildee T. debt ceiling issue. But let’s stop the Barber Flores LoBiondo Chu Kilmer Sanchez, Loretta theatrics. Barletta Forbes Long Cicilline Kirkpatrick Sarbanes Let’s do the right thing. Let’s vote Barr Fortenberry Lucas Clarke Kuster Schakowsky Barton Foxx Luetkemeyer on a clean CR and send it over to the Cleaver Langevin Schiff Benishek Franks (AZ) Lummis Clyburn Larsen (WA) Schneider Senate, and then let’s get on with our Bentivolio Frelinghuysen Marchant Cohen Larson (CT) Schrader Bilirakis Gardner Marino other business. Connolly Lee (CA) Schwartz Bishop (UT) Garrett Massie Conyers Levin Scott (VA) I yield back the balance of my time. Black Gerlach McCarthy (CA) Cooper Lewis Scott, David The SPEAKER pro tempore. The Blackburn Gingrey (GA) McCaul Courtney Lipinski Serrano Boustany Gohmert McClintock Chair will remind the Members that re- Crowley Loebsack Sewell (AL) Brady (TX) Goodlatte McHenry marks in debate must be addressed to Cuellar Lofgren Shea-Porter Bridenstine Gosar McIntyre Cummings Lowenthal the Chair and not to others in the sec- Brooks (AL) Gowdy McKeon Sherman Davis, Danny Lowey Sires ond person. Brooks (IN) Granger McKinley DeFazio Lujan Grisham Mr. SESSIONS. Mr. Speaker, thank Buchanan Graves (GA) McMorris Slaughter DeGette (NM) Smith (WA) Bucshon Graves (MO) Rodgers ´ you very much. In fact, I will confine Delaney Lujan, Ben Ray Speier Burgess Griffin (AR) Meadows DeLauro (NM) my remarks to you, Mr. Speaker, be- Swalwell (CA) Calvert Griffith (VA) Meehan DelBene Lynch Takano cause we appreciate your great service. Camp Grimm Messer Deutch Maffei Thompson (CA) We also know that you represent JOHN Campbell Guthrie Mica Dingell Maloney, Thompson (MS) Cantor Hall Miller (FL) Doggett Carolyn BOEHNER, our great Speaker, who has Tierney Capito Hanna Miller (MI) Doyle Maloney, Sean Republican Members here today to do Carter Harper Miller, Gary Duckworth Matheson Titus the business of the American people. Cassidy Harris Mullin Edwards Matsui Tonko We are not a body that cuts and runs; Chabot Hartzler Mulvaney Ellison McCollum Tsongas Chaffetz Hastings (WA) Murphy (PA) Van Hollen we’re a body that stays here and gets Engel McDermott Coble Heck (NV) Neugebauer Enyart McGovern Vargas our work done. Coffman Hensarling Noem Eshoo McNerney Veasey Mr. Speaker, I yield myself the bal- Cole Herrera Beutler Nugent Esty Meeks Vela Collins (GA) Holding Nunes Farr Meng Vela´ zquez ance of my time. Collins (NY) Hudson Nunnelee The gentleman from Massachusetts Foster Michaud Walz Conaway Huelskamp Olson Frankel (FL) Miller, George Wasserman asked and made a point about same- Cook Huizenga (MI) Palazzo Fudge Moore Schultz day rules. In fact, Democrats in the Costa Hultgren Paulsen Gabbard Moran Waters 110th Congress were faced with this cir- Cotton Hunter Pearce Gallego Murphy (FL) Watt Cramer Hurt Perry Garamendi Nadler Waxman cumstance 17 times; in the 111th Con- Crawford Issa Petri Garcia Napolitano Welch gress, 26 times. It becomes normal and Crenshaw Jenkins Pittenger Gibson Neal Wilson (FL) regular that you have to be here to get Culberson Johnson (OH) Pitts Grayson Negrete McLeod Yarmuth Daines Johnson, Sam Poe (TX) your work done, and that is what we’re Davis, Rodney Jordan Pompeo NOT VOTING—14 doing. Denham Joyce Posey Clay Kind Rush Mr. Speaker, plain and simple: the Dent Kelly (PA) Price (GA) Davis (CA) McCarthy (NY) Schock DeSantis King (IA) Radel Fattah Pelosi Visclosky Republican Party is here today because DesJarlais King (NY) Reed we are opposed to ObamaCare and the Gibbs Rohrabacher Young (FL) Diaz-Balart Kingston Reichert Gutie´rrez Ros-Lehtinen big government that comes behind it. Duffy Kinzinger (IL) Renacci We’re opposed to what it is doing not Duncan (SC) Kline Ribble b 1343 Duncan (TN) Labrador Rice (SC) just to the American people and our Ellmers LaMalfa Rigell Mrs. BEATTY, Messrs. JEFFRIES, economy, but taking freedom away Farenthold Lamborn Roby RANGEL, and BARROW of Georgia

VerDate Mar 15 2010 03:30 Sep 29, 2013 Jkt 029060 PO 00000 Frm 00021 Fmt 0636 Sfmt 0634 E:\CR\FM\K28SE7.035 H28SEPT1 smartinez on DSK6TPTVN1PROD with HOUSE H5946 CONGRESSIONAL RECORD — HOUSE September 28, 2013 changed their vote from ‘‘yea’’ to SEC. 102. VOLUNTARY OUTSOURCING FACILITIES. ‘‘(B) is compounded in accordance with all ‘‘nay.’’ (a) IN GENERAL.—Subchapter A of chapter applicable conditions identified on the list So the resolution was agreed to. V (21 U.S.C. 351 et seq.) is amended— described in subparagraph (A) as conditions (1) by redesignating section 503B as section that are necessary to prevent the drug or The result of the vote was announced 503C; and as above recorded. category of drugs from presenting the de- (2) by inserting after section 503A the fol- monstrable difficulties described in subpara- A motion to reconsider was laid on lowing new section: graph (A). the table. ‘‘SEC. 503B. OUTSOURCING FACILITIES. ‘‘(7) ELEMENTS TO ASSURE SAFE USE.—In the f ‘‘(a) IN GENERAL.—Sections 502(f)(1), 505, case of a drug that is compounded from a and 582 shall not apply to a drug compounded b 1345 drug that is the subject of a risk evaluation by or under the direct supervision of a li- and mitigation strategy approved with ele- ANNOUNCEMENT BY THE SPEAKER censed pharmacist in a facility that elects to ments to assure safe use pursuant to section PRO TEMPORE register as an outsourcing facility if each of 505–1, or from a bulk drug substance that is the following conditions is met: a component of such drug, the outsourcing ‘‘(1) REGISTRATION AND REPORTING.—The The SPEAKER pro tempore. Pursu- facility demonstrates to the Secretary prior drug is compounded in an outsourcing facil- ant to clause 8 of rule XX, the Chair to beginning compounding that such facility ity that is in compliance with the require- will postpone further proceedings will utilize controls comparable to the con- ments of subsection (b). today on motions to suspend the rules trols applicable under the relevant risk eval- ‘‘(2) BULK DRUG SUBSTANCES.—The drug is uation and mitigation strategy. on which a recorded vote or the yeas compounded in an outsourcing facility that and nays are ordered, or on which the does not compound using bulk drug sub- ‘‘(8) PROHIBITION ON WHOLESALING.—The vote incurs objection under clause 6 of stances (as defined in section 207.3(a)(4) of drug will not be sold or transferred by an en- rule XX. title 21, Code of Federal Regulations (or any tity other than the outsourcing facility that Record votes on postponed questions successor regulation)), unless— compounded such drug. This paragraph does not prohibit administration of a drug in a will be taken later. ‘‘(A)(i) the bulk drug substance appears on a list established by the Secretary identi- health care setting or dispensing a drug pur- f fying bulk drug substances for which there is suant to a prescription executed in accord- DRUG QUALITY AND SECURITY a clinical need, by— ance with section 503(b)(1). ‘‘(9) FEES.—The drug is compounded in an ACT ‘‘(I) publishing a notice in the Federal Reg- ister proposing bulk drug substances to be outsourcing facility that has paid all fees Mr. UPTON. Mr. Speaker, I move to included on the list, including the rationale owed by such facility pursuant to section suspend the rules and pass the bill for such proposal; 744K. (H.R. 3204) to amend the Federal Food, ‘‘(II) providing a period of not less than 60 ‘‘(10) LABELING OF DRUGS.— Drug, and Cosmetic Act with respect to calendar days for comment on the notice; ‘‘(A) LABEL.—The label of the drug in- human drug compounding and drug and cludes— ‘‘(i) the statement ‘This is a compounded supply chain security, and for other ‘‘(III) publishing a notice in the Federal Register designating bulk drug substances drug.’ or a reasonable comparable alter- purposes. for inclusion on the list; or native statement (as specified by the Sec- The Clerk read the title of the bill. ‘‘(ii) the drug compounded from such bulk retary) that prominently identifies the drug The text of the bill is as follows: drug substance appears on the drug shortage as a compounded drug; H.R. 3204 list in effect under section 506E at the time ‘‘(ii) the name, address, and phone number Be it enacted by the Senate and House of Rep- of compounding, distribution, and dis- of the applicable outsourcing facility; and resentatives of the United States of America in pensing; ‘‘(iii) with respect to the drug— Congress assembled, ‘‘(B) if an applicable monograph exists ‘‘(I) the lot or batch number; under the United States Pharmacopeia, the ‘‘(II) the established name of the drug; SECTION 1. SHORT TITLE. National Formulary, or another compendium ‘‘(III) the dosage form and strength; This Act may be cited as the ‘‘Drug Qual- or pharmacopeia recognized by the Secretary ‘‘(IV) the statement of quantity or volume, ity and Security Act’’. for purposes of this paragraph, the bulk drug as appropriate; SEC. 2. REFERENCES IN ACT; TABLE OF CON- substances each comply with the monograph; ‘‘(V) the date that the drug was com- TENTS. ‘‘(C) the bulk drug substances are each pounded; (a) REFERENCES IN ACT.—Except as other- manufactured by an establishment that is ‘‘(VI) the expiration date; wise specified, amendments made by this Act registered under section 510 (including a for- ‘‘(VII) storage and handling instructions; to a section or other provision of law are eign establishment that is registered under ‘‘(VIII) the National Drug Code number, if amendments to such section or other provi- section 510(i)); and available; sion of the Federal Food, Drug, and Cosmetic ‘‘(D) the bulk drug substances are each ac- ‘‘(IX) the statement ‘Not for resale’, and, if Act (21 U.S.C. 301 et seq.). companied by a valid certificate of analysis. the drug is dispensed or distributed other (b) TABLE OF CONTENTS.—The table of con- ‘‘(3) INGREDIENTS (OTHER THAN BULK DRUG than pursuant to a prescription for an indi- tents of this Act is as follows: SUBSTANCES).—If any ingredients (other than vidual identified patient, the statement ‘Of- Sec. 1. Short title. bulk drug substances) are used in fice Use Only’; and Sec. 2. References in Act; table of contents. compounding the drug, such ingredients ‘‘(X) subject to subparagraph (B)(i), a list TITLE I—DRUG COMPOUNDING comply with the standards of the applicable of active and inactive ingredients, identified Sec. 101. Short title. United States Pharmacopeia or National by established name and the quantity or pro- Sec. 102. Voluntary outsourcing facilities. Formulary monograph, if such monograph portion of each ingredient. Sec. 103. Penalties. exists, or of another compendium or pharma- ‘‘(B) CONTAINER.—The container from Sec. 104. Regulations. copeia recognized by the Secretary for pur- which the individual units of the drug are re- Sec. 105. Enhanced communication. poses of this paragraph if any. moved for dispensing or for administration Sec. 106. Severability. ‘‘(4) DRUGS WITHDRAWN OR REMOVED BE- (such as a plastic bag containing individual Sec. 107. GAO study. CAUSE UNSAFE OR NOT EFFECTIVE.—The drug product syringes) shall include— TITLE II—DRUG SUPPLY CHAIN does not appear on a list published by the ‘‘(i) the information described under sub- SECURITY Secretary of drugs that have been withdrawn paragraph (A)(iii)(X), if there is not space on or removed from the market because such the label for such information; Sec. 201. Short title. drugs or components of such drugs have been ‘‘(ii) the following information to facilitate Sec. 202. Pharmaceutical distribution supply found to be unsafe or not effective. adverse event reporting: www.fda.gov/ chain. ‘‘(5) ESSENTIALLY A COPY OF AN APPROVED medwatch and 1–800–FDA–1088 (or any suc- Sec. 203. Enhanced drug distribution secu- DRUG.—The drug is not essentially a copy of cessor Internet Web site or phone number); rity. one or more approved drugs. and Sec. 204. National standards for prescription ‘‘(6) DRUGS PRESENTING DEMONSTRABLE DIF- ‘‘(iii) directions for use, including, as ap- drug wholesale distributors. FICULTIES FOR COMPOUNDING.—The drug— propriate, dosage and administration. Sec. 205. National standards for third-party ‘‘(A) is not identified (directly or as part of ‘‘(C) ADDITIONAL INFORMATION.—The label logistics providers; uniform na- a category of drugs) on a list published by and labeling of the drug shall include any tional policy. the Secretary, through the process described other information as determined necessary Sec. 206. Penalties. in subsection (c), of drugs or categories of and specified in regulations promulgated by Sec. 207. Conforming amendment. drugs that present demonstrable difficulties the Secretary. Sec. 208. Savings clause. for compounding that are reasonably likely ‘‘(11) OUTSOURCING FACILITY REQUIRE- TITLE I—DRUG COMPOUNDING to lead to an adverse effect on the safety or MENT.—The drug is compounded in an out- SEC. 101. SHORT TITLE. effectiveness of the drug or category of sourcing facility in which the compounding This Act may be cited as the drugs, taking into account the risks and ben- of drugs occurs only in accordance with this ‘‘Compounding Quality Act’’. efits to patients; or section.

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‘‘(b) REGISTRATION OF OUTSOURCING FACILI- accordance with a risk-based schedule estab- ing, reconstituting, or otherwise altering of TIES AND REPORTING OF DRUGS.— lished by the Secretary. a drug or bulk drug substance to create a ‘‘(1) REGISTRATION OF OUTSOURCING FACILI- ‘‘(C) RISK FACTORS.—In establishing the drug. TIES.— risk-based schedule, the Secretary shall in- ‘‘(2) The term ‘essentially a copy of an ap- ‘‘(A) ANNUAL REGISTRATION.—Upon electing spect outsourcing facilities according to the proved drug’ means— and in order to become an outsourcing facil- known safety risks of such outsourcing fa- ‘‘(A) a drug that is identical or nearly iden- ity, and during the period beginning on Octo- cilities, which shall be based on the fol- tical to an approved drug, or a marketed ber 1 and ending on December 31 of each year lowing factors: drug not subject to section 503(b) and not thereafter, a facility— ‘‘(i) The compliance history of the out- subject to approval in an application sub- ‘‘(i) shall register with the Secretary its sourcing facility. mitted under section 505, unless, in the case name, place of business, and unique facility ‘‘(ii) The record, history, and nature of re- of an approved drug, the drug appears on the identifier (which shall conform to the re- calls linked to the outsourcing facility. drug shortage list in effect under section quirements for the unique facility identifier ‘‘(iii) The inherent risk of the drugs com- 506E at the time of compounding, distribu- established under section 510), and a point of pounded at the outsourcing facility. tion, and dispensing; or contact email address; and ‘‘(iv) The inspection frequency and history ‘‘(B) a drug, a component of which is a of the outsourcing facility, including wheth- bulk drug substance that is a component of ‘‘(ii) shall indicate whether the outsourc- er the outsourcing facility has been in- an approved drug or a marketed drug that is ing facility intends to compound a drug that spected pursuant to section 704 within the not subject to section 503(b) and not subject appears on the list in effect under section last 4 years. to approval in an application submitted 506E during the subsequent calendar year. ‘‘(v) Whether the outsourcing facility has under section 505, unless there is a change ‘‘(B) AVAILABILITY OF REGISTRATION FOR IN- registered under this paragraph as an entity that produces for an individual patient a SPECTION; LIST.— that intends to compound a drug that ap- clinical difference, as determined by the pre- ‘‘(i) REGISTRATIONS.—The Secretary shall pears on the list in effect under section 506E. scribing practitioner, between the com- make available for inspection, to any person ‘‘(vi) Any other criteria deemed necessary pounded drug and the comparable approved so requesting, any registration filed pursu- and appropriate by the Secretary for pur- drug. ant to this paragraph. poses of allocating inspection resources. ‘‘(3) The term ‘approved drug’ means a ‘‘(ii) LIST.—The Secretary shall make ‘‘(5) ADVERSE EVENT REPORTING.—Outsourc- drug that is approved under section 505 and available on the public Internet Web site of ing facilities shall submit adverse event re- does not appear on the list described in sub- the Food and Drug Administration a list of ports to the Secretary in accordance with section (a)(4) of drugs that have been with- the name of each facility registered under the content and format requirements estab- drawn or removed from the market because this subsection as an outsourcing facility, lished through guidance or regulation under such drugs or components of such drugs have the State in which each such facility is lo- section 310.305 of title 21, Code of Federal been found to be unsafe or not effective. cated, whether the facility compounds from Regulations (or any successor regulations). ‘‘(4)(A) The term ‘outsourcing facility’ bulk drug substances, and whether any such ‘‘(c) REGULATIONS.— means a facility at one geographic location compounding from bulk drug substances is ‘‘(1) IN GENERAL.—The Secretary shall im- or address that— for sterile or nonsterile drugs. plement the list described in subsection ‘‘(i) is engaged in the compounding of ster- ‘‘(2) DRUG REPORTING BY OUTSOURCING FA- (a)(6) through regulations. ile drugs; CILITIES.— ‘‘(2) ADVISORY COMMITTEE ON ‘‘(ii) has elected to register as an outsourc- ‘‘(A) IN GENERAL.—Upon initially reg- COMPOUNDING.—Before issuing regulations to ing facility; and istering as an outsourcing facility, once dur- implement subsection (a)(6), the Secretary ‘‘(iii) complies with all of the requirements ing the month of June of each year, and once shall convene and consult an advisory com- of this section. during the month of December of each year, mittee on compounding. The advisory com- ‘‘(B) An outsourcing facility is not re- each outsourcing facility that registers with mittee shall include representatives from quired to be a licensed pharmacy. the Secretary under paragraph (1) shall sub- the National Association of Boards of Phar- ‘‘(C) An outsourcing facility may or may mit to the Secretary a report— macy, the United States Pharmacopeia, not obtain prescriptions for identified indi- ‘‘(i) identifying the drugs compounded by pharmacists with current experience and ex- vidual patients. such outsourcing facility during the previous pertise in compounding, physicians with ‘‘(5) The term ‘sterile drug’ means a drug 6-month period; and background and knowledge in compounding, that is intended for parenteral administra- ‘‘(ii) with respect to each drug identified and patient and public health advocacy orga- tion, an ophthalmic or oral inhalation drug under clause (i), providing the active ingre- nizations. in aqueous format, or a drug that is required dient, the source of such active ingredient, ‘‘(3) INTERIM LIST.— to be sterile under Federal or State law.’’. the National Drug Code number of the source ‘‘(A) IN GENERAL.—Before the effective date ‘‘(d) OBLIGATION TO PAY FEES.—Payment of drug or bulk active ingredient, if available, of the regulations finalized to implement the fee under section 744K, as described in the strength of the active ingredient per subsection (a)(6), the Secretary may des- subsection (a)(9), shall not relieve an out- unit, the dosage form and route of adminis- ignate drugs, categories of drugs, or condi- sourcing facility that is licensed as a phar- tration, the package description, the number tions as described such subsection by— macy in any State that requires pharmacy of individual units produced, and the Na- ‘‘(i) publishing a notice of such substances, licensing fees of its obligation to pay such tional Drug Code number of the final prod- drugs, categories of drugs, or conditions pro- State fees.’’. uct, if assigned. posed for designation, including the ration- (b) FEES.—Subchapter C of chapter VII (21 ‘‘(B) FORM.—Each report under subpara- ale for such designation, in the Federal Reg- U.S.C. 379f et seq.) is amended by adding at graph (A) shall be prepared in such form and ister; the end the following: manner as the Secretary may prescribe by ‘‘(ii) providing a period of not less than 60 ‘‘PART 9—FEES RELATING TO regulation or guidance. calendar days for comment on the notice; OUTSOURCING FACILITIES ‘‘(C) CONFIDENTIALITY.—Reports submitted and ‘‘SEC. 744J. DEFINITIONS. under this paragraph shall be exempt from ‘‘(iii) publishing a notice in the Federal ‘‘In this part: inspection under paragraph (1)(B)(i), unless Register designating such drugs, categories ‘‘(1) The term ‘affiliate’ has the meaning the Secretary finds that such an exemption of drugs, or conditions. given such term in section 735(11). would be inconsistent with the protection of ‘‘(B) SUNSET OF NOTICE.—Any notice pro- ‘‘(2) The term ‘gross annual sales’ means the public health. vided under subparagraph (A) shall not be ef- the total worldwide gross annual sales, in ‘‘(3) ELECTRONIC REGISTRATION AND REPORT- fective after the earlier of— United States dollars, for an outsourcing fa- ING.—Registrations and drug reporting under ‘‘(i) the date that is 5 years after the date cility, including the sales of all the affiliates this subsection (including the submission of of enactment of the Compounding Quality of the outsourcing facility. updated information) shall be submitted to Act; or ‘‘(3) The term ‘outsourcing facility’ has the the Secretary by electronic means unless the ‘‘(ii) the effective date of the final regula- meaning given to such term in section Secretary grants a request for waiver of such tions issued to implement subsection (a)(6). 503B(d)(4). requirement because use of electronic means ‘‘(4) UPDATES.—The Secretary shall review, ‘‘(4) The term ‘reinspection’ means, with is not reasonable for the person requesting and update as necessary, the regulations respect to an outsourcing facility, 1 or more waiver. containing the lists of drugs, categories of inspections conducted under section 704 sub- ‘‘(4) RISK-BASED INSPECTION FREQUENCY.— drugs, or conditions described in subsection sequent to an inspection conducted under ‘‘(A) IN GENERAL.—Outsourcing facilities— (a)(6) regularly, but not less than once every such provision which identified noncompli- ‘‘(i) shall be subject to inspection pursuant 4 years. Nothing in the previous sentence ance materially related to an applicable re- to section 704; and prohibits submissions to the Secretary, be- quirement of this Act, specifically to deter- ‘‘(ii) shall not be eligible for the exemption fore or during any 4-year period described in mine whether compliance has been achieved under section 704(a)(2)(A). such sentence, requesting updates to such to the Secretary’s satisfaction. ‘‘(B) RISK-BASED SCHEDULE.—The Sec- lists. ‘‘SEC. 744K. AUTHORITY TO ASSESS AND USE OUT- retary, acting through one or more officers ‘‘(d) DEFINITIONS.—In this section: SOURCING FACILITY FEES. or employees duly designated by the Sec- ‘‘(1) The term ‘compounding’ includes the ‘‘(a) ESTABLISHMENT AND REINSPECTION retary, shall inspect outsourcing facilities in combining, admixing, mixing, diluting, pool- FEES.—

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‘‘(1) IN GENERAL.—For fiscal year 2015 and the total fees that the Secretary would have processed by an outsourcing facility for each subsequent fiscal year, the Secretary collected if no entity qualified for the small which any establishment fee or reinspection shall, in accordance with this subsection, as- business exception in paragraph (4). fee has not been paid, as required by this sec- sess and collect— ‘‘(4) EXCEPTION FOR SMALL BUSINESSES.— tion, shall be deemed misbranded under sec- ‘‘(A) an annual establishment fee from ‘‘(A) IN GENERAL.—In the case of an out- tion 502 until the fees owed for such out- each outsourcing facility; and sourcing facility with gross annual sales of sourcing facility under this section have ‘‘(B) a reinspection fee from each outsourc- $1,000,000 or less in the 12 months ending been paid. ing facility subject to a reinspection in such April 1 of the fiscal year immediately pre- ‘‘(4) COLLECTION OF UNPAID FEES.—In any fiscal year. ceding the fiscal year in which the fees under case where the Secretary does not receive ‘‘(2) MULTIPLE REINSPECTIONS.—An out- this section are assessed, the amount of the payment of a fee assessed under this section sourcing facility subject to multiple re- establishment fee under subsection (b) for a within 30 calendar days after it is due, such inspections in a fiscal year shall be subject fiscal year shall be equal to \1/3\ of the fee shall be treated as a claim of the United to a reinspection fee for each reinspection. amount calculated under paragraph (1)(A)(i) States Government subject to provisions of ‘‘(b) ESTABLISHMENT AND REINSPECTION FEE for such fiscal year. subchapter II of chapter 37 of title 31, United SETTING.—The Secretary shall— ‘‘(B) APPLICATION.—To qualify for the ex- States Code. ‘‘(1) establish the amount of the establish- ception under this paragraph, a small busi- ‘‘(h) ANNUAL REPORT TO CONGRESS.—Not ment fee and reinspection fee to be collected ness shall submit to the Secretary a written later than 120 calendar days after each fiscal under this section for each fiscal year based request for such exception, in a format speci- year in which fees are assessed and collected on the methodology described in subsection fied by the Secretary in guidance, certifying under this section, the Secretary shall sub- (c); and its gross annual sales for the 12 months end- mit a report to the Committee on Health, ‘‘(2) publish such fee amounts in a Federal ing April 1 of the fiscal year immediately Education, Labor, and Pensions of the Sen- Register notice not later than 60 calendar preceding the fiscal year in which fees under ate and the Committee on Energy and Com- days before the start of each such year. this subsection are assessed. Any such appli- merce of the House of Representatives, to in- ‘‘(c) AMOUNT OF ESTABLISHMENT FEE AND cation shall be submitted to the Secretary clude a description of fees assessed and col- REINSPECTION FEE.— not later than April 30 of such immediately lected for such year, a summary description ‘‘(1) IN GENERAL.—For each outsourcing fa- preceding fiscal year. of entities paying the fees, a description of cility in a fiscal year— ‘‘(5) CREDITING OF FEES.—In establishing the hiring and placement of new staff, a de- ‘‘(A) except as provided in paragraph (4), the small business adjustment factor under scription of the use of fee resources to sup- the amount of the annual establishment fee paragraph (3) for a fiscal year, the Secretary port inspecting outsourcing facilities, and under subsection (b) shall be equal to the shall— the number of inspections and reinspections sum of— of such facilities performed each year. ‘‘(i) $15,000, multiplied by the inflation ad- ‘‘(A) provide for the crediting of fees from the previous year to the next year if the Sec- ‘‘(i) AUTHORIZATION OF APPROPRIATIONS.— justment factor described in paragraph (2); For fiscal year 2014 and each subsequent fis- plus retary overestimated the amount of the small business adjustment factor for such cal year, there is authorized to be appro- ‘‘(ii) the small business adjustment factor priated for fees under this section an amount described in paragraph (3); and previous fiscal year; and ‘‘(B) consider the need to account for any equivalent to the total amount of fees as- ‘‘(B) the amount of any reinspection fee (if sessed for such fiscal year under this sec- applicable) under subsection (b) shall be adjustment of fees and such other factors as the Secretary determines appropriate. tion.’’. equal to $15,000, multiplied by the inflation SEC. 103. PENALTIES. adjustment factor described in paragraph (2). ‘‘(d) USE OF FEES.—The Secretary shall make all of the fees collected pursuant to (a) PROHIBITED ACTS.—Section 301 (21 ‘‘(2) INFLATION ADJUSTMENT FACTOR.— subparagraphs (A) and (B) of subsection (a)(1) U.S.C. 331) is amended by adding at the end ‘‘(A) IN GENERAL.—For fiscal year 2015 and available solely to pay for the costs of over- the following: subsequent fiscal years, the fee amounts es- sight of outsourcing facilities. ‘‘(ccc)(1) The resale of a compounded drug tablished in paragraph (1) shall be adjusted ‘‘(e) SUPPLEMENT NOT SUPPLANT.—Funds that is labeled ‘not for resale’ in accordance by the Secretary by notice, published in the received by the Secretary pursuant to this with section 503B. Federal Register, for a fiscal year by the section shall be used to supplement and not ‘‘(2) With respect to a drug to be com- amount equal to the sum of— supplant any other Federal funds available pounded pursuant to section 503A or 503B, ‘‘(i) 1; to carry out the activities described in this the intentional falsification of a prescrip- ‘‘(ii) the average annual percent change in section. tion, as applicable. the cost, per full-time equivalent position of ‘‘(f) CREDITING AND AVAILABILITY OF ‘‘(3) The failure to report drugs or adverse the Food and Drug Administration, of all FEES.—Fees authorized under this section events by an entity that is registered in ac- personnel compensation and benefits paid shall be collected and available for obliga- cordance with subsection (b) of section with respect to such positions for the first 3 tion only to the extent and in the amount 503B.’’. years of the preceding 4 fiscal years, multi- provided in advance in appropriations Acts. (b) MISBRANDED DRUGS.—Section 502 (21 plied by the proportion of personnel com- Such fees are authorized to remain available U.S.C. 352) is amended by adding at the end pensation and benefits costs to total costs of until expended. Such sums as may be nec- the following: an average full-time equivalent position of essary may be transferred from the Food and ‘‘(bb) If the advertising or promotion of a the Food and Drug Administration for the Drug Administration salaries and expenses compounded drug is false or misleading in first 3 years of the preceding 4 fiscal years; appropriation account without fiscal year any particular.’’. plus limitation to such appropriation account for SEC. 104. REGULATIONS. ‘‘(iii) the average annual percent change salaries and expenses with such fiscal year In promulgating any regulations to imple- that occurred in the Consumer Price Index limitation. The sums transferred shall be ment this title (and the amendments made for urban consumers (U.S. City Average; Not available solely for the purpose of paying the by this title), the Secretary of Health and Seasonally Adjusted; All items; Annual costs of oversight of outsourcing facilities. Human Services shall— Index) for the first 3 years of the preceding 4 ‘‘(g) COLLECTION OF FEES.— (1) issue a notice of proposed rulemaking years of available data multiplied by the ‘‘(1) ESTABLISHMENT FEE.—An outsourcing that includes the proposed regulation; proportion of all costs other than personnel facility shall remit the establishment fee (2) provide a period of not less than 60 cal- compensation and benefits costs to total due under this section in a fiscal year when endar days for comments on the proposed costs of an average full-time equivalent posi- submitting a registration pursuant to sec- regulation; and tion of the Food and Drug Administration tion 503B(b) for such fiscal year. (3) publish the final regulation not more for the first 3 years of the preceding 4 fiscal ‘‘(2) REINSPECTION FEE.—The Secretary than 18 months following publication of the years. shall specify in the Federal Register notice proposed rule and not less than 30 calendar ‘‘(B) COMPOUNDED BASIS.—The adjustment described in subsection (b)(2) the manner in days before the effective date of such final made each fiscal year under subparagraph which reinspection fees assessed under this regulation. (A) shall be added on a compounded basis to section shall be collected and the timeline SEC. 105. ENHANCED COMMUNICATION. the sum of all adjustments made each fiscal for payment of such fees. Such a fee shall be (a) SUBMISSIONS FROM STATE BOARDS OF year after fiscal year 2014 under subpara- collected after the Secretary has conducted PHARMACY.—In a manner specified by the graph (A). a reinspection of the outsourcing facility in- Secretary of Health and Human Services (re- ‘‘(3) SMALL BUSINESS ADJUSTMENT FACTOR.— volved. ferred to in this section as the ‘‘Secretary’’), The small business adjustment factor de- ‘‘(3) EFFECT OF FAILURE TO PAY FEES.— the Secretary shall receive submissions from scribed in this paragraph shall be an amount ‘‘(A) REGISTRATION.—An outsourcing facil- State boards of pharmacy— established by the Secretary for each fiscal ity shall not be considered registered under (1) describing actions taken against year based on the Secretary’s estimate of— section 503B(b) in a fiscal year until the date compounding pharmacies, as described in ‘‘(A) the number of small businesses that that the outsourcing facility remits the es- subsection (b); or will pay a reduced establishment fee for such tablishment fee under this subsection for (2) expressing concerns that a fiscal year; and such fiscal year. compounding pharmacy may be acting con- ‘‘(B) the adjustment to the establishment ‘‘(B) MISBRANDING.—All drugs manufac- trary to section 503A of the Federal Food, fee necessary to achieve total fees equaling tured, prepared, propagated, compounded, or Drug, and Cosmetic Act (21 U.S.C. 353a).

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(b) CONTENT OF SUBMISSIONS FROM STATE ‘‘Subchapter H—Pharmaceutical Distribution ‘‘(D) appears otherwise unfit for distribu- BOARDS OF PHARMACY.—An action referred to Supply Chain tion such that the product would be reason- in subsection (a)(1) is, with respect to a phar- ‘‘SEC. 581. DEFINITIONS. ably likely to result in serious adverse macy that compounds drugs, any of the fol- ‘‘In this subchapter: health consequences or death to humans. lowing: ‘‘(1) AFFILIATE.—The term ‘affiliate’ means ‘‘(9) LICENSED.—The term ‘licensed’ (1) The issuance of a warning letter, or the a business entity that has a relationship means— imposition of sanctions or penalties, by a with a second business entity if, directly or ‘‘(A) in the case of a wholesale distributor, State for violations of a State’s pharmacy indirectly— having a valid license in accordance with regulations pertaining to compounding. ‘‘(A) one business entity controls, or has section 503(e) or section 582(a)(6), as applica- (2) The suspension or revocation of a State- the power to control, the other business enti- ble; issued pharmacy license or registration for ty; or ‘‘(B) in the case of a third-party logistics violations of a State’s pharmacy regulations ‘‘(B) a third party controls, or has the provider, having a valid license in accord- pertaining to compounding. power to control, both of the business enti- ance with section 584(a) or section 582(a)(7), (3) The recall of a compounded drug due to ties. as applicable; and concerns relating to the quality or purity of ‘‘(2) AUTHORIZED.—The term ‘authorized’ ‘‘(C) in the case of a dispenser, having a such drug. means— valid license under State law. (c) CONSULTATION.—The Secretary shall ‘‘(A) in the case of a manufacturer or re- ‘‘(10) MANUFACTURER.—The term ‘manufac- implement subsection (a) in consultation packager, having a valid registration in ac- turer’ means, with respect to a product— with the National Association of Boards of cordance with section 510; ‘‘(A) a person that holds an application ap- Pharmacy. ‘‘(B) in the case of a wholesale distributor, proved under section 505 or a license issued (d) NOTIFYING STATE BOARDS OF PHAR- having a valid license under State law or sec- MACY.—The Secretary shall immediately no- under section 351 of the Public Health Serv- tion 583, in accordance with section 582(a)(6), ice Act for such product, or if such product tify State boards of pharmacy when— and complying with the licensure reporting (1) the Secretary receives a submission is not the subject of an approved application requirements under section 503(e), as amend- or license, the person who manufactured the under subsection (a)(1); or ed by the Drug Supply Chain Security Act; (2) the Secretary makes a determination product; ‘‘(C) in the case of a third-party logistics ‘‘(B) a co-licensed partner of the person de- that a pharmacy is acting contrary to sec- provider, having a valid license under State tion 503A of the Federal Food, Drug, and Cos- scribed in subparagraph (A) that obtains the law or section 584(a)(1), in accordance with product directly from a person described in metic Act. section 582(a)(7), and complying with the li- SEC. 106. SEVERABILITY. this subparagraph or subparagraph (A) or censure reporting requirements under sec- (C); or (a) IN GENERAL.—Section 503A (21 U.S.C. tion 584(b); and ‘‘(C) an affiliate of a person described in 353a) is amended — ‘‘(D) in the case of a dispenser, having a subparagraph (A) or (B) that receives the (1) in subsection (a), in the matter pre- valid license under State law. product directly from a person described in ceding paragraph (1), by striking ‘‘unsolic- ‘‘(3) DISPENSER.—The term ‘dispenser’— this subparagraph or subparagraph (A) or ited’’; ‘‘(A) means a retail pharmacy, hospital (B). (2) by striking subsection (c); pharmacy, a group of chain pharmacies ‘‘(11) PACKAGE.— (3) by redesignating subsections (d) under common ownership and control that ‘‘(A) IN GENERAL.—The term ‘package’ through (f) as subsections (c) through (e), re- do not act as a wholesale distributor, or any means the smallest individual saleable unit spectively; and other person authorized by law to dispense of product for distribution by a manufac- (4) in subsection (b)(1)(A)(i)(III), by strik- or administer prescription drugs, and the af- turer or repackager that is intended by the ing ‘‘subsection (d)’’ and inserting ‘‘sub- filiated warehouses or distribution centers of manufacturer for ultimate sale to the dis- section (c)’’. such entities under common ownership and (b) SEVERABILITY.—If any provision of this control that do not act as a wholesale dis- penser of such product. Act (including the amendments made by this tributor; and ‘‘(B) INDIVIDUAL SALEABLE UNIT.—For pur- Act) is declared unconstitutional, or the ap- ‘‘(B) does not include a person who dis- poses of this paragraph, an ‘individual sale- plicability of this Act (including the amend- penses only products to be used in animals in able unit’ is the smallest container of prod- ments made by this Act) to any person or accordance with section 512(a)(5). uct introduced into commerce by the manu- circumstance is held invalid, the constitu- ‘‘(4) DISPOSITION.—The term ‘disposition’, facturer or repackager that is intended by tionality of the remainder of this Act (in- with respect to a product within the posses- the manufacturer or repackager for indi- cluding the amendments made by this Act) sion or control of an entity, means the re- vidual sale to a dispenser. and the applicability thereof to other per- moval of such product from the pharma- ‘‘(12) PRESCRIPTION DRUG.—The term ‘pre- sons and circumstances shall not be affected. ceutical distribution supply chain, which scription drug’ means a drug for human use SEC. 107. GAO STUDY. may include disposal or return of the prod- subject to section 503(b)(1). (a) STUDY.—Not later than 36 months after uct for disposal or other appropriate han- ‘‘(13) PRODUCT.—The term ‘product’ means the date of the enactment of this Act, the dling and other actions, such as retaining a a prescription drug in a finished dosage form Comptroller General of the United States sample of the product for further additional for administration to a patient without sub- shall submit to Congress a report on phar- physical examination or laboratory analysis stantial further manufacturing (such as cap- macy compounding and the adequacy of of the product by a manufacturer or regu- sules, tablets, and lyophilized products be- State and Federal efforts to assure the safe- latory or law enforcement agency. fore reconstitution), but for purposes of sec- ty of compounded drugs. ‘‘(5) DISTRIBUTE OR DISTRIBUTION.—The tion 582, does not include blood or blood com- (b) CONTENTS.—The report required under term ‘distribute’ or ‘distribution’ means the ponents intended for transfusion, radioactive this section shall include— sale, purchase, trade, delivery, handling, drugs or radioactive biological products (as (1) a review of pharmacy compounding in storage, or receipt of a product, and does not defined in section 600.3(ee) of title 21, Code of each State, and the settings in which such include the dispensing of a product pursuant Federal Regulations) that are regulated by compounding occurs; to a prescription executed in accordance the Nuclear Regulatory Commission or by a (2) a review of the State laws and policies with section 503(b)(1) or the dispensing of a State pursuant to an agreement with such governing pharmacy compounding, including product approved under section 512(b). Commission under section 274 of the Atomic enforcement of State laws and policies; ‘‘(6) EXCLUSIVE DISTRIBUTOR.—The term Energy Act of 1954 (42 U.S.C. 2021), imaging (3) an assessment of the available tools to ‘exclusive distributor’ means the wholesale drugs, an intravenous product described in permit purchasers of compounded drugs to distributor that directly purchased the prod- clause (xiv), (xv), or (xvi) of paragraph determine the safety and quality of such uct from the manufacturer and is the sole (24)(B), any medical gas (as defined in sec- drugs; distributor of that manufacturer’s product tion 575), homeopathic drugs marketed in ac- (4) an evaluation of the effectiveness of the to a subsequent repackager, wholesale dis- cordance with applicable guidance under this communication among States and between tributor, or dispenser. Act, or a drug compounded in compliance States and the Food and Drug Administra- ‘‘(7) HOMOGENEOUS CASE.—The term ‘homo- with section 503A or 503B. tion regarding compounding; and geneous case’ means a sealed case containing ‘‘(14) PRODUCT IDENTIFIER.—The term ‘prod- (5) an evaluation of the Food and Drug Ad- only product that has a single National Drug uct identifier’ means a standardized graphic ministration’s implementation of sections Code number belonging to a single lot. that includes, in both human-readable form 503A and 503B of the Federal Food, Drug, and ‘‘(8) ILLEGITIMATE PRODUCT.—The term ‘il- and on a machine-readable data carrier that Cosmetic Act. legitimate product’ means a product for conforms to the standards developed by a TITLE II—DRUG SUPPLY CHAIN SECURITY which credible evidence shows that the prod- widely recognized international standards SEC. 201. SHORT TITLE. uct— development organization, the standardized This title may be cited as the ‘‘Drug Sup- ‘‘(A) is counterfeit, diverted, or stolen; numerical identifier, lot number, and expira- ply Chain Security Act’’. ‘‘(B) is intentionally adulterated such that tion date of the product. SEC. 202. PHARMACEUTICAL DISTRIBUTION SUP- the product would result in serious adverse ‘‘(15) QUARANTINE.—The term ‘quarantine’ PLY CHAIN. health consequences or death to humans; means the storage or identification of a Chapter V (21 U.S.C. 351 et seq.) is amended ‘‘(C) is the subject of a fraudulent trans- product, to prevent distribution or transfer by adding at the end the following: action; or of the product, in a physically separate area

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clearly identified for such use or through ‘‘(A) IN GENERAL.—The term ‘transaction’ ‘‘(III) in the case of a medical convenience other procedures. means the transfer of product between per- kit that includes a product, the person that ‘‘(16) REPACKAGER.—The term ‘repackager’ sons in which a change of ownership occurs. manufacturers the kit— means a person who owns or operates an es- ‘‘(B) EXEMPTIONS.—The term ‘transaction’ ‘‘(aa) purchased such product directly from tablishment that repacks and relabels a does not include— the pharmaceutical manufacturer or from a product or package for— ‘‘(i) intracompany distribution of any prod- wholesale distributor that purchased the ‘‘(A) further sale; or uct between members of an affiliate or with- product directly from the pharmaceutical ‘‘(B) distribution without a further trans- in a manufacturer; manufacturer; and action. ‘‘(ii) the distribution of a product among ‘‘(bb) does not alter the primary container ‘‘(17) RETURN.—The term ‘return’ means hospitals or other health care entities that or label of the product as purchased from the providing product to the authorized imme- are under common control; manufacturer or wholesale distributor; and diate trading partner from which such prod- ‘‘(iii) the distribution of a product for ‘‘(IV) in the case of a medical convenience uct was purchased or received, or to a re- emergency medical reasons including a pub- kit that includes a product, the product is— turns processor or reverse logistics provider lic health emergency declaration pursuant to ‘‘(aa) an intravenous solution intended for for handling of such product. section 319 of the Public Health Service Act, the replenishment of fluids and electrolytes; ‘‘(18) RETURNS PROCESSOR OR REVERSE LO- except that a drug shortage not caused by a ‘‘(bb) a product intended to maintain the GISTICS PROVIDER.—The term ‘returns proc- public health emergency shall not constitute equilibrium of water and minerals in the essor’ or ‘reverse logistics provider’ means a an emergency medical reason; body; person who owns or operates an establish- ‘‘(iv) the dispensing of a product pursuant ‘‘(cc) a product intended for irrigation or ment that dispositions or otherwise proc- to a prescription executed in accordance reconstitution; esses saleable or nonsaleable product re- with section 503(b)(1); ‘‘(dd) an anesthetic; ceived from an authorized trading partner ‘‘(v) the distribution of product samples by ‘‘(ee) an anticoagulant; such that the product may be processed for a manufacturer or a licensed wholesale dis- ‘‘(ff) a vasopressor; or credit to the purchaser, manufacturer, or tributor in accordance with section 503(d); ‘‘(gg) a sympathomimetic; seller or disposed of for no further distribu- ‘‘(vi) the distribution of blood or blood ‘‘(xiv) the distribution of an intravenous tion. components intended for transfusion; product that, by its formulation, is intended ‘‘(19) SPECIFIC PATIENT NEED.—The term ‘‘(vii) the distribution of minimal quan- for the replenishment of fluids and electro- ‘specific patient need’ refers to the transfer tities of product by a licensed retail phar- lytes (such as sodium, chloride, and potas- of a product from one pharmacy to another macy to a licensed practitioner for office sium) or calories (such as dextrose and to fill a prescription for an identified pa- use; amino acids); tient. Such term does not include the trans- ‘‘(viii) the sale, purchase, or trade of a drug ‘‘(xv) the distribution of an intravenous fer of a product from one pharmacy to an- or an offer to sell, purchase, or trade a drug product used to maintain the equilibrium of other for the purpose of increasing or replen- by a charitable organization described in water and minerals in the body, such as di- ishing stock in anticipation of a potential section 501(c)(3) of the Internal Revenue Code alysis solutions; need. of 1986 to a nonprofit affiliate of the organi- ‘‘(xvi) the distribution of a product that is ‘‘(20) STANDARDIZED NUMERICAL IDENTI- zation to the extent otherwise permitted by intended for irrigation, or sterile water, FIER.—The term ‘standardized numerical law; whether intended for such purposes or for in- identifier’ means a set of numbers or char- ‘‘(ix) the distribution of a product pursuant jection; acters used to uniquely identify each pack- to the sale or merger of a pharmacy or phar- ‘‘(xvii) the distribution of a medical gas (as age or homogenous case that is composed of macies or a wholesale distributor or whole- defined in section 575); or the National Drug Code that corresponds to sale distributors, except that any records re- ‘‘(xviii) the distribution or sale of any li- the specific product (including the particular quired to be maintained for the product shall censed product under section 351 of the Pub- package configuration) combined with a be transferred to the new owner of the phar- lic Health Service Act that meets the defini- unique alphanumeric serial number of up to macy or pharmacies or wholesale distributor tion of a device under section 201(h). 20 characters. or wholesale distributors; ‘‘(25) TRANSACTION HISTORY.—The term ‘‘(21) SUSPECT PRODUCT.—The term ‘suspect ‘‘(x) the dispensing of a product approved ‘transaction history’ means a statement in product’ means a product for which there is under section 512(c); paper or electronic form, including the reason to believe that such product— ‘‘(xi) products transferred to or from any transaction information for each prior trans- ‘‘(A) is potentially counterfeit, diverted, or facility that is licensed by the Nuclear Regu- action going back to the manufacturer of the stolen; latory Commission or by a State pursuant to product. ‘‘(B) is potentially intentionally adulter- an agreement with such Commission under ‘‘(26) TRANSACTION INFORMATION.—The term ated such that the product would result in section 274 of the Atomic Energy Act of 1954 ‘transaction information’ means— serious adverse health consequences or death (42 U.S.C. 2021); ‘‘(A) the proprietary or established name to humans; ‘‘(xii) a combination product that is not or names of the product; ‘‘(C) is potentially the subject of a fraudu- subject to approval under section 505 or li- ‘‘(B) the strength and dosage form of the lent transaction; or censure under section 351 of the Public product; ‘‘(D) appears otherwise unfit for distribu- Health Service Act, and that is— ‘‘(C) the National Drug Code number of the tion such that the product would result in ‘‘(I) a product comprised of a device and 1 product; serious adverse health consequences or death or more other regulated components (such as ‘‘(D) the container size; to humans. a drug/device, biologic/device, or drug/device/ ‘‘(E) the number of containers; ‘‘(22) THIRD-PARTY LOGISTICS PROVIDER.— biologic) that are physically, chemically, or ‘‘(F) the lot number of the product; The term ‘third-party logistics provider’ otherwise combined or mixed and produced ‘‘(G) the date of the transaction; means an entity that provides or coordinates as a single entity; ‘‘(H) the date of the shipment, if more than warehousing, or other logistics services of a ‘‘(II) 2 or more separate products packaged 24 hours after the date of the transaction; product in interstate commerce on behalf of together in a single package or as a unit and ‘‘(I) the business name and address of the a manufacturer, wholesale distributor, or comprised of a drug and device or device and person from whom ownership is being trans- dispenser of a product, but does not take biological product; or ferred; and ownership of the product, nor have responsi- ‘‘(III) 2 or more finished medical devices ‘‘(J) the business name and address of the bility to direct the sale or disposition of the plus one or more drug or biological products person to whom ownership is being trans- product. that are packaged together in what is re- ferred. ‘‘(23) TRADING PARTNER.—The term ‘trading ferred to as a ‘medical convenience kit’ as ‘‘(27) TRANSACTION STATEMENT.—The partner’ means— described in clause (xiii); ‘transaction statement’ is a statement, in ‘‘(A) a manufacturer, repackager, whole- ‘‘(xiii) the distribution of a collection of paper or electronic form, that the entity sale distributor, or dispenser from whom a finished medical devices, which may include transferring ownership in a transaction— manufacturer, repackager, wholesale dis- a product or biological product, assembled in ‘‘(A) is authorized as required under the tributor, or dispenser accepts direct owner- kit form strictly for the convenience of the Drug Supply Chain Security Act; ship of a product or to whom a manufac- purchaser or user (referred to in this clause ‘‘(B) received the product from a person turer, repackager, wholesale distributor, or as a ‘medical convenience kit’) if— that is authorized as required under the Drug dispenser transfers direct ownership of a ‘‘(I) the medical convenience kit is assem- Supply Chain Security Act; product; or bled in an establishment that is registered ‘‘(C) received transaction information and ‘‘(B) a third-party logistics provider from with the Food and Drug Administration as a a transaction statement from the prior whom a manufacturer, repackager, wholesale device manufacturer in accordance with sec- owner of the product, as required under sec- distributor, or dispenser accepts direct pos- tion 510(b)(2); tion 582; session of a product or to whom a manufac- ‘‘(II) the medical convenience kit does not ‘‘(D) did not knowingly ship a suspect or il- turer, repackager, wholesale distributor, or contain a controlled substance that appears legitimate product; dispenser transfers direct possession of a in a schedule contained in the Comprehen- ‘‘(E) had systems and processes in place to product. sive Drug Abuse Prevention and Control Act comply with verification requirements under ‘‘(24) TRANSACTION.— of 1970; section 582;

VerDate Mar 15 2010 03:57 Sep 29, 2013 Jkt 029060 PO 00000 Frm 00026 Fmt 0636 Sfmt 0634 E:\CR\FM\A28SE7.007 H28SEPT1 smartinez on DSK6TPTVN1PROD with HOUSE September 28, 2013 CONGRESSIONAL RECORD — HOUSE H5951 ‘‘(F) did not knowingly provide false trans- economic hardship or for emergency medical lishment, in accordance with section action information; and reasons, including a public health emergency 314.70(d) of chapter 21, Code of Federal Regu- ‘‘(G) did not knowingly alter the trans- declaration pursuant to section 319 of the lations (or any successor regulation). action history. Public Health Service Act; ‘‘(9) PRODUCT IDENTIFIERS.—With respect to ‘‘(28) VERIFICATION OR VERIFY.—The term ‘‘(ii) establish a process by which the Sec- any requirement relating to product identi- ‘verification’ or ‘verify’ means determining retary determines exceptions, and a process fiers under this subchapter— whether the product identifier affixed to, or through which a manufacturer or repackager ‘‘(A) unless the Secretary allows, through imprinted upon, a package or homogeneous may request such an exception, to the re- guidance, the use of other technologies for case corresponds to the standardized numer- quirements relating to product identifiers if data instead of or in addition to the tech- ical identifier or lot number and expiration a product is packaged in a container too nologies described in clauses (i) and (ii), the date assigned to the product by the manufac- small or otherwise unable to accommodate a applicable data— turer or the repackager, as applicable in ac- label with sufficient space to bear the infor- ‘‘(i) shall be included in a 2-dimensional cordance with section 582. mation required for compliance with this data matrix barcode when affixed to, or im- ‘‘(29) WHOLESALE DISTRIBUTOR.—The term section; and printed upon, a package; and ‘wholesale distributor’ means a person (other ‘‘(iii) establish a process by which the Sec- ‘‘(ii) shall be included in a linear or 2-di- than a manufacturer, a manufacturer’s co-li- retary may determine other products or mensional data matrix barcode when affixed censed partner, a third-party logistics pro- transactions that shall be exempt from the to, or imprinted upon, a homogeneous case; vider, or repackager) engaged in wholesale requirements of this section. and distribution (as defined in section 503(e)(4), ‘‘(B) CONTENT.—The guidance issued under ‘‘(B) verification of the product identifier as amended by the Drug Supply Chain Secu- subparagraph (A) shall include a process for may occur by using human-readable or ma- rity Act). the biennial review and renewal of such chine-readable methods. waivers, exceptions, and exemptions, as ap- ‘‘(b) MANUFACTURER REQUIREMENTS.— ‘‘SEC. 582. REQUIREMENTS. plicable. ‘‘(1) PRODUCT TRACING.— ‘‘(a) IN GENERAL.— ‘‘(C) PROCESS.—In issuing the guidance ‘‘(A) IN GENERAL.—Beginning not later ‘‘(1) OTHER ACTIVITIES.—Each manufac- under this paragraph, the Secretary shall than January 1, 2015, a manufacturer shall— turer, repackager, wholesale distributor, and provide an effective date that is not later ‘‘(i) prior to, or at the time of, each trans- dispenser shall comply with the require- than 180 days prior to the date on which action in which such manufacturer transfers ments set forth in this section with respect manufacturers are required to affix or im- ownership of a product, provide the subse- to the role of such manufacturer, repack- print a product identifier to each package quent owner with transaction history, trans- ager, wholesale distributor, or dispenser in a and homogenous case of product intended to action information, and a transaction state- transaction involving product. If an entity be introduced in a transaction into com- ment, in a single document in an paper or meets the definition of more than one of the merce consistent with this section. electronic format; and entities listed in the preceding sentence, ‘‘(4) SELF-EXECUTING REQUIREMENTS.—Ex- ‘‘(ii) capture the transaction information such entity shall comply with all applicable cept where otherwise specified, the require- (including lot level information), transaction requirements in this section, but shall not be ments of this section may be enforced with- history, and transaction statement for each required to duplicate requirements. out further regulations or guidance from the transaction and maintain such information, ‘‘(2) INITIAL STANDARDS.— Secretary. history, and statement for not less than 6 ‘‘(A) IN GENERAL.—The Secretary shall, in ‘‘(5) GRANDFATHERING PRODUCT.— years after the date of the transaction. consultation with other appropriate Federal ‘‘(A) PRODUCT IDENTIFIER.—Not later than 2 ‘‘(B) REQUESTS FOR INFORMATION.—Upon a officials, manufacturers, repackagers, whole- years after the date of enactment of the request by the Secretary or other appro- sale distributors, dispensers, and other phar- Drug Supply Chain Security Act, the Sec- priate Federal or State official, in the event maceutical distribution supply chain stake- retary shall finalize guidance specifying of a recall or for the purpose of investigating holders, issue a draft guidance document whether and under what circumstances prod- a suspect product or an illegitimate product, that establishes standards for the interoper- uct that is not labeled with a product identi- a manufacturer shall, not later than 1 busi- able exchange of transaction information, fier and that is in the pharmaceutical dis- ness day, and not to exceed 48 hours, after re- transaction history, and transaction state- tribution supply chain at the time of the ef- ceiving the request, or in other such reason- ments, in paper or electronic format, for fective date of the requirements of this sec- able time as determined by the Secretary, compliance with this subsection and sub- tion shall be exempted from the require- based on the circumstances of the request, sections (b), (c), (d), and (e). In establishing ments of this section. provide the applicable transaction informa- such standards, the Secretary shall consider ‘‘(B) TRACING.—For a product that entered tion, transaction history, and transaction the feasibility of establishing standardized the pharmaceutical distribution supply statement for the product. documentation to be used by members of the chain prior to January 1, 2015— ‘‘(C) ELECTRONIC FORMAT.— pharmaceutical distribution supply chain to ‘‘(i) authorized trading partners shall be ‘‘(i) IN GENERAL.—Beginning not later than convey the transaction information, trans- exempt from providing transaction informa- 4 years after the date of enactment of the action history, and transaction statement to tion as required under subsections Drug Supply Chain Security Act, except as the subsequent purchaser of a product and to (b)(1)(A)(i), (c)(1)(A)(ii), (d)(1)(A)(ii), and provided under clause (ii), a manufacturer facilitate the exchange of lot level data. The (e)(1)(A)(ii); shall provide the transaction information, standards established under this paragraph ‘‘(ii) transaction history required under transaction history, and transaction state- shall take into consideration the standards this section shall begin with the owner of ment required under subparagraph (A)(i) in established under section 505D and shall such product on such date; and electronic format. comply with a form and format developed by ‘‘(iii) the owners of such product on such ‘‘(ii) EXCEPTION.—A manufacturer may a widely recognized international standards date shall be exempt from asserting receipt continue to provide the transaction informa- development organization. of transaction information and transaction tion, transaction history, and transaction ‘‘(B) PUBLIC INPUT.—Prior to issuing the statement from the prior owner as required statement required under subparagraph draft guidance under subparagraph (A), the under this section. (A)(i) in a paper format to a licensed health Secretary shall gather comments and infor- ‘‘(6) WHOLESALE DISTRIBUTOR LICENSES.— care practitioner authorized to prescribe mation from stakeholders and maintain such Notwithstanding section 581(9)(A), until the medication under State law or other licensed comments and information in a public dock- effective date of the wholesale distributor li- individual under the supervision or direction et for at least 60 days prior to issuing such censing regulations under section 583, the of such a practitioner who dispenses product guidance. term ‘licensed’ or ‘authorized’, as it relates in the usual course of professional practice. ‘‘(C) PUBLICATION.—The Secretary shall to a wholesale distributor with respect to ‘‘(2) PRODUCT IDENTIFIER.— publish the standards established under sub- prescription drugs, shall mean a wholesale ‘‘(A) IN GENERAL.—Beginning not later paragraph (A) not later than 1 year after the distributor with a valid license under State than 4 years after the date of enactment of date of enactment of the Drug Supply Chain law. the Drug Supply Chain Security Act, a man- Security Act. ‘‘(7) THIRD-PARTY LOGISTICS PROVIDER LI- ufacturer shall affix or imprint a product ‘‘(3) WAIVERS, EXCEPTIONS, AND EXEMP- CENSES.—Until the effective date of the identifier to each package and homogenous TIONS.— third-party logistics provider licensing regu- case of a product intended to be introduced ‘‘(A) IN GENERAL.—Not later than 2 years lations under section 584, a third-party logis- in a transaction into commerce. Such manu- after the date of enactment of the Drug Sup- tics provider shall be considered ‘licensed’ facturer shall maintain the product identi- ply Chain Security Act, the Secretary shall, under section 581(9)(B) unless the Secretary fier information for such product for not less by guidance— has made a finding that the third-party lo- than 6 years after the date of the trans- ‘‘(i) establish a process by which an au- gistics provider does not utilize good han- action. thorized manufacturer, repackager, whole- dling and distribution practices and pub- ‘‘(B) EXCEPTION.—A package that is re- sale distributor, or dispenser may request a lishes notice thereof. quired to have a standardized numerical waiver from any of the requirements set ‘‘(8) LABEL CHANGES.—Changes made to identifier is not required to have a unique forth in this section, which the Secretary package labels solely to incorporate the device identifier. may grant if the Secretary determines that product identifier may be submitted to the ‘‘(3) AUTHORIZED TRADING PARTNERS.—Be- such requirements would result in an undue Secretary in the annual report of an estab- ginning not later than January 1, 2015, the

VerDate Mar 15 2010 03:57 Sep 29, 2013 Jkt 029060 PO 00000 Frm 00027 Fmt 0636 Sfmt 0634 E:\CR\FM\A28SE7.007 H28SEPT1 smartinez on DSK6TPTVN1PROD with HOUSE H5952 CONGRESSIONAL RECORD — HOUSE September 28, 2013 trading partners of a manufacturer may be than 24 hours after determining or being no- fier, including the standardized numerical only authorized trading partners. tified by the Secretary or a trading partner identifier, for each sealed homogeneous case ‘‘(4) VERIFICATION.—Beginning not later that there is a high risk that such product is of such product or, if such product is not in than January 1, 2015, a manufacturer shall an illegitimate product. For purposes of this a sealed homogeneous case, verify the prod- have systems in place to enable the manu- subclause, a ‘high risk’ may include a spe- uct identifier, including the standardized nu- facturer to comply with the following re- cific high risk that could increase the likeli- merical identifier, on each package. quirements: hood that illegitimate product will enter the ‘‘(F) NONSALEABLE RETURNED PRODUCT.—A ‘‘(A) SUSPECT PRODUCT.— pharmaceutical distribution supply chain manufacturer may return a nonsaleable ‘‘(i) IN GENERAL.—Upon making a deter- and other high risks as determined by the product to the manufacturer or repackager, mination that a product in the possession or Secretary in guidance pursuant to sub- to the wholesale distributor from whom such control of the manufacturer is a suspect section (h). product was purchased, or to a person acting product, or upon receiving a request for ‘‘(iii) RESPONDING TO A NOTIFICATION.— on behalf of such a person, including a re- verification from the Secretary that has Upon the receipt of a notification from the made a determination that a product within Secretary or a trading partner that a deter- turns processor, without providing the infor- the possession or control of a manufacturer mination has been made that a product is an mation described in paragraph (1)(A)(i). is a suspect product, a manufacturer shall— illegitimate product, a manufacturer shall ‘‘(c) WHOLESALE DISTRIBUTOR REQUIRE- ‘‘(I) quarantine such product within the identify all illegitimate product subject to MENTS.— possession or control of the manufacturer such notification that is in the possession or ‘‘(1) PRODUCT TRACING.— from product intended for distribution until control of the manufacturer, including any ‘‘(A) IN GENERAL.—Beginning not later such product is cleared or dispositioned; and product that is subsequently received, and than January 1, 2015, the following require- ‘‘(II) promptly conduct an investigation in shall perform the activities described in sub- ments shall apply to wholesale distributors: coordination with trading partners, as appli- paragraph (A). ‘‘(i) A wholesale distributor shall not ac- cable, to determine whether the product is ‘‘(iv) TERMINATING A NOTIFICATION.—Upon cept ownership of a product unless the pre- an illegitimate product, which shall include making a determination, in consultation vious owner prior to, or at the time of, the validating any applicable transaction his- with the Secretary, that a notification is no tory and transaction information in the pos- longer necessary, a manufacturer shall transaction provides the transaction history, session of the manufacturer and otherwise promptly notify immediate trading partners transaction information, and a transaction investigating to determine whether the prod- that the manufacturer notified pursuant to statement for the product, as applicable uct is an illegitimate product, and, begin- clause (ii) that such notification has been under this subparagraph. ning 4 years after the date of enactment of terminated. ‘‘(ii)(I)(aa) If the wholesale distributor pur- the Drug Supply Chain Security Act, ‘‘(v) RECORDS.—A manufacturer shall keep chased a product directly from the manufac- verifying the product at the package level, records of the disposition of an illegitimate turer, the exclusive distributor of the manu- including the standardized numerical identi- product for not less than 6 years after the facturer, or a repackager that purchased di- fier. conclusion of the disposition. rectly from the manufacturer, then prior to, ‘‘(ii) CLEARED PRODUCT.—If the manufac- ‘‘(C) REQUESTS FOR VERIFICATION.—Begin- or at the time of, each transaction in which turer makes the determination that a sus- ning 4 years after the date of enactment of the wholesale distributor transfers owner- pect product is not an illegitimate product, the Drug Supply Chain Security Act, upon ship of a product, the wholesale distributor the manufacturer shall promptly notify the receiving a request for verification from an shall provide to the subsequent purchaser— Secretary, if applicable, of such determina- authorized repackager, wholesale dis- ‘‘(AA) a transaction statement, which shall tion and such product may be further dis- tributor, or dispenser that is in possession or state that such wholesale distributor, or a tributed. control of a product such person believes to member of the affiliate of such wholesale ‘‘(iii) RECORDS.—A manufacturer shall be manufactured by such manufacturer, a distributor, purchased the product directly keep records of the investigation of a suspect manufacturer shall, not later than 24 hours from the manufacturer, exclusive distributor product for not less than 6 years after the after receiving the request for verification or of the manufacturer, or repackager that pur- conclusion of the investigation. in other such reasonable time as determined chased the product directly from the manu- ‘‘(B) ILLEGITIMATE PRODUCT.— by the Secretary, based on the cir- facturer; and ‘‘(i) IN GENERAL.—Upon determining that a cumstances of the request, notify the person product in the possession or control of a making the request whether the product ‘‘(BB) subject to subclause (II), the trans- manufacturer is an illegitimate product, the identifier, including the standardized numer- action history and transaction information. manufacturer shall, in a manner consistent ical identifier, that is the subject of the re- ‘‘(bb) The wholesale distributor shall pro- with the systems and processes of such man- quest corresponds to the product identifier vide the transaction history, transaction in- ufacturer— affixed or imprinted by the manufacturer. If formation, and transaction statement under ‘‘(I) quarantine such product within the a manufacturer responding to a request for item (aa)— possession or control of the manufacturer verification identifies a product identifier ‘‘(AA) if provided to a dispenser, on a sin- from product intended for distribution until that does not correspond to that affixed or gle document in a paper or electronic for- such product is dispositioned; imprinted by the manufacturer, the manu- mat; and ‘‘(II) disposition the illegitimate product facturer shall treat such product as suspect ‘‘(BB) if provided to a wholesale dis- within the possession or control of the man- product and conduct an investigation as de- tributor, through any combination of self- ufacturer; scribed in subparagraph (A). If the manufac- generated paper, electronic data, or manu- ‘‘(III) take reasonable and appropriate turer has reason to believe the product is an facturer-provided information on the prod- steps to assist a trading partner to disposi- illegitimate product, the manufacturer shall uct package. tion an illegitimate product not in the pos- advise the person making the request of such ‘‘(II) For purposes of transactions de- session or control of the manufacturer; and belief at the time such manufacturer re- scribed in subclause (I), transaction history ‘‘(IV) retain a sample of the product for sponds to the request for verification. and transaction information shall not be re- further physical examination or laboratory ‘‘(D) ELECTRONIC DATABASE.—A manufac- quired to include the lot number of the prod- analysis of the product by the manufacturer turer may satisfy the requirements of this uct, the initial transaction date, or the ini- or Secretary (or other appropriate Federal or paragraph by developing a secure electronic tial shipment date from the manufacturer State official) upon request by the Secretary database or utilizing a secure electronic (as defined in subparagraphs (F), (G), and (H) (or other appropriate Federal or State offi- database developed or operated by another of section 581(26)). cial), as necessary and appropriate. entity. The owner of such database shall es- ‘‘(iii) If the wholesale distributor did not ‘‘(ii) MAKING A NOTIFICATION.— tablish the requirements and processes to re- purchase a product directly from the manu- ‘‘(I) ILLEGITIMATE PRODUCT.—Upon deter- spond to requests and may provide for data mining that a product in the possession or access to other members of the pharma- facturer, the exclusive distributor of the control of the manufacturer is an illegit- ceutical distribution supply chain, as appro- manufacturer, or a repackager that pur- imate product, the manufacturer shall notify priate. The development and operation of chased directly from the manufacturer, as the Secretary and all immediate trading such a database shall not relieve a manufac- described in clause (ii), then prior to, or at partners that the manufacturer has reason turer of the requirement under this para- the time of, each transaction or subsequent to believe may have received such illegit- graph to respond to a request for verification transaction, the wholesale distributor shall imate product of such determination not submitted by means other than a secure provide to the subsequent purchaser a trans- later than 24 hours after making such deter- electronic database. action statement, transaction history, and mination. ‘‘(E) SALEABLE RETURNED PRODUCT.—Begin- transaction information, in a paper or elec- ‘‘(II) HIGH RISK OF ILLEGITIMACY.—A manu- ning 4 years after the date of enactment of tronic format that complies with the guid- facturer shall notify the Secretary and im- the Drug Supply Chain Security Act (except ance document issued under subsection mediate trading partners that the manufac- as provided pursuant to subsection (a)(5)), (a)(2). turer has reason to believe may have in the upon receipt of a returned product that the ‘‘(iv) For the purposes of clause (iii), the trading partner’s possession a product manu- manufacturer intends to further distribute, transaction history supplied shall begin only factured by, or purported to be a product before further distributing such product, the with the wholesale distributor described in manufactured by, the manufacturer not later manufacturer shall verify the product identi- clause (ii)(I), but the wholesale distributor

VerDate Mar 15 2010 03:57 Sep 29, 2013 Jkt 029060 PO 00000 Frm 00028 Fmt 0636 Sfmt 0634 E:\CR\FM\A28SE7.007 H28SEPT1 smartinez on DSK6TPTVN1PROD with HOUSE September 28, 2013 CONGRESSIONAL RECORD — HOUSE H5953 described in clause (iii) shall inform the sub- wholesale distributor may disclose the trans- ‘‘(IV) retain a sample of the product for sequent purchaser that such wholesale dis- action information, including lot level infor- further physical examination or laboratory tributor received a direct purchase state- mation, transaction history, or transaction analysis of the product by the manufacturer ment from a wholesale distributor described statement of a product to the subsequent or Secretary (or other appropriate Federal or in clause (ii)(I). purchaser of the product, pursuant to a writ- State official) upon request by the manufac- ‘‘(v) A wholesale distributor shall— ten agreement between such wholesale dis- turer or Secretary (or other appropriate Fed- ‘‘(I) capture the transaction information tributor and such subsequent purchaser. eral or State official), as necessary and ap- (including lot level information) consistent Nothing in this subparagraph shall be con- propriate. with the requirements of this section, trans- strued to limit the applicability of subpara- ‘‘(ii) MAKING A NOTIFICATION.—Upon deter- action history, and transaction statement graphs (A) through (C). mining that a product in the possession or for each transaction described in clauses (i), ‘‘(2) PRODUCT IDENTIFIER.—Beginning 6 control of the wholesale distributor is an il- (ii), and (iii) and maintain such information, years after the date of enactment of the legitimate product, the wholesale distributor history, and statement for not less than 6 Drug Supply Chain Security Act, a wholesale shall notify the Secretary and all immediate years after the date of the transaction; and distributor may engage in transactions in- trading partners that the wholesale dis- ‘‘(II) maintain the confidentiality of the volving a product only if such product is en- tributor has reason to believe may have re- transaction information (including any lot coded with a product identifier (except as ceived such illegitimate product of such de- level information consistent with the re- provided pursuant to subsection (a)(5)). termination not later than 24 hours after quirements of this section), transaction his- making such determination. ‘‘(3) AUTHORIZED TRADING PARTNERS.—Be- tory, and transaction statement for a prod- ‘‘(iii) RESPONDING TO A NOTIFICATION.— ginning not later than January 1, 2015, the uct in a manner that prohibits disclosure to Upon the receipt of a notification from the trading partners of a wholesale distributor any person other than the Secretary or other Secretary or a trading partner that a deter- may be only authorized trading partners. appropriate Federal or State official, except mination has been made that a product is an ‘‘(4) VERIFICATION.—Beginning not later to comply with clauses (ii) and (iii), and, as illegitimate product, a wholesale distributor than January 1, 2015, a wholesale distributor applicable, pursuant to an agreement under shall identify all illegitimate product sub- shall have systems in place to enable the subparagraph (D). ject to such notification that is in the pos- wholesale distributor to comply with the fol- ‘‘(B) RETURNS.— session or control of the wholesale dis- lowing requirements: ‘‘(i) SALEABLE RETURNS.—Notwithstanding tributor, including any product that is sub- subparagraph (A)(i), the following shall ‘‘(A) SUSPECT PRODUCT.— sequently received, and shall perform the ac- apply: ‘‘(i) IN GENERAL.—Upon making a deter- tivities described in subparagraph (A). mination that a product in the possession or ‘‘(I) REQUIREMENTS.—Until the date that is ‘‘(iv) TERMINATING A NOTIFICATION.—Upon 6 years after the date of enactment of the control of a wholesale distributor is a sus- making a determination, in consultation Drug Supply Chain Security Act (except as pect product, or upon receiving a request for with the Secretary, that a notification is no provided pursuant to subsection (a)(5)), a verification from the Secretary that has longer necessary, a wholesale distributor wholesale distributor may accept returned made a determination that a product within shall promptly notify immediate trading product from a dispenser or repackager pur- the possession or control of a wholesale dis- partners that the wholesale distributor noti- suant to the terms and conditions of any tributor is a suspect product, a wholesale fied pursuant to clause (ii) that such notifi- agreement between the parties, and, not- distributor shall— cation has been terminated. withstanding subparagraph (A)(ii), may dis- ‘‘(I) quarantine such product within the ‘‘(v) RECORDS.—A wholesale distributor tribute such returned product without pro- possession or control of the wholesale dis- shall keep records of the disposition of an il- viding the transaction history. For trans- tributor from product intended for distribu- legitimate product for not less than 6 years actions subsequent to the return, the trans- tion until such product is cleared or after the conclusion of the disposition. action history of such product shall begin dispositioned; and ‘‘(C) ELECTRONIC DATABASE.—A wholesale with the wholesale distributor that accepted ‘‘(II) promptly conduct an investigation in distributor may satisfy the requirements of the returned product, consistent with the re- coordination with trading partners, as appli- this paragraph by developing a secure elec- quirements of this subsection. cable, to determine whether the product is tronic database or utilizing a secure elec- ‘‘(II) ENHANCED REQUIREMENTS.—Beginning an illegitimate product, which shall include tronic database developed or operated by an- 6 years after the date of enactment of the validating any applicable transaction his- other entity. The owner of such database Drug Supply Chain Security Act (except as tory and transaction information in the pos- shall establish the requirements and proc- provided pursuant to subsection (a)(5)), a session of the wholesale distributor and oth- esses to respond to requests and may provide wholesale distributor may accept returned erwise investigating to determine whether for data access to other members of the product from a dispenser or repackager only the product is an illegitimate product, and, pharmaceutical distribution supply chain, as if the wholesale distributor can associate re- beginning 6 years after the date of enact- appropriate. The development and operation turned product with the transaction infor- ment of the Drug Supply Chain Security Act of such a database shall not relieve a whole- mation and transaction statement associ- (except as provided pursuant to subsection sale distributor of the requirement under ated with that product. For all transactions (a)(5)), verifying the product at the package this paragraph to respond to a verification after such date, the transaction history, as level, including the standardized numerical request submitted by means other than a se- applicable, of such product shall begin with identifier. cure electronic database. the wholesale distributor that accepted and ‘‘(ii) CLEARED PRODUCT.—If the wholesale ‘‘(D) VERIFICATION OF SALEABLE RETURNED verified the returned product. For purposes distributor determines that a suspect prod- PRODUCT.—Beginning 6 years after the date of this subparagraph, the transaction infor- uct is not an illegitimate product, the whole- of enactment of the Drug Supply Chain Secu- mation and transaction history, as applica- sale distributor shall promptly notify the rity Act, upon receipt of a returned product ble, need not include transaction dates if it Secretary, if applicable, of such determina- that the wholesale distributor intends to fur- is not reasonably practicable to obtain such tion and such product may be further dis- ther distribute, before further distributing dates. tributed. such product, the wholesale distributor shall ‘‘(ii) NONSALEABLE RETURNS.—A wholesale ‘‘(iii) RECORDS.—A wholesale distributor verify the product identifier, including the distributor may return a nonsaleable prod- shall keep records of the investigation of a standardized numerical identifier, for each uct to the manufacturer or repackager, to suspect product for not less than 6 years sealed homogeneous case of such product or, the wholesale distributor from whom such after the conclusion of the investigation. if such product is not in a sealed homo- product was purchased, or to a person acting ‘‘(B) ILLEGITIMATE PRODUCT.— geneous case, verify the product identifier, on behalf of such a person, including a re- ‘‘(i) IN GENERAL.—Upon determining, in co- including the standardized numerical identi- turns processor, without providing the infor- ordination with the manufacturer, that a fier, on each package. mation required under subparagraph (A)(i). product in the possession or control of a ‘‘(d) DISPENSER REQUIREMENTS.— ‘‘(C) REQUESTS FOR INFORMATION.—Upon a wholesale distributor is an illegitimate prod- ‘‘(1) PRODUCT TRACING.— request by the Secretary or other appro- uct, the wholesale distributor shall, in a ‘‘(A) IN GENERAL.—Beginning July 1, 2015, a priate Federal or State official, in the event manner that is consistent with the systems dispenser— of a recall or for the purpose of investigating and processes of such wholesale distributor— ‘‘(i) shall not accept ownership of a prod- a suspect product or an illegitimate product, ‘‘(I) quarantine such product within the uct, unless the previous owner prior to, or at a wholesale distributor shall, not later than possession or control of the wholesale dis- the time of, the transaction, provides trans- 1 business day, and not to exceed 48 hours, tributor from product intended for distribu- action history, transaction information, and after receiving the request or in other such tion until such product is dispositioned; a transaction statement; reasonable time as determined by the Sec- ‘‘(II) disposition the illegitimate product ‘‘(ii) prior to, or at the time of, each trans- retary, based on the circumstances of the re- within the possession or control of the action in which the dispenser transfers own- quest, provide the applicable transaction in- wholesale distributor; ership of a product (but not including dis- formation, transaction history, and trans- ‘‘(III) take reasonable and appropriate pensing to a patient or returns) shall provide action statement for the product. steps to assist a trading partner to disposi- the subsequent owner with transaction his- ‘‘(D) TRADING PARTNER AGREEMENTS.—Be- tion an illegitimate product not in the pos- tory, transaction information, and a trans- ginning 6 years after the date of enactment session or control of the wholesale dis- action statement for the product, except of the Drug Supply Chain Security Act, a tributor; and that the requirements of this clause shall

VerDate Mar 15 2010 03:57 Sep 29, 2013 Jkt 029060 PO 00000 Frm 00029 Fmt 0636 Sfmt 0634 E:\CR\FM\A28SE7.007 H28SEPT1 smartinez on DSK6TPTVN1PROD with HOUSE H5954 CONGRESSIONAL RECORD — HOUSE September 28, 2013

not apply to sales by a dispenser to another ‘‘(4) VERIFICATION.—Beginning not later tify all illegitimate product subject to such dispenser to fulfill a specific patient need; than January 1, 2015, a dispenser shall have notification that is in the possession or con- and systems in place to enable the dispenser to trol of the dispenser, including any product ‘‘(iii) shall capture transaction informa- comply with the following requirements: that is subsequently received, and shall per- tion (including lot level information, if pro- ‘‘(A) SUSPECT PRODUCT.— form the activities described in subpara- vided), transaction history, and transaction ‘‘(i) IN GENERAL.—Upon making a deter- graph (A). statements, as necessary to investigate a mination that a product in the possession or ‘‘(iv) TERMINATING A NOTIFICATION.—Upon suspect product, and maintain such informa- control of the dispenser is a suspect product, making a determination, in consultation tion, history, and statements for not less or upon receiving a request for verification with the Secretary, that a notification is no than 6 years after the transaction. from the Secretary that has made a deter- longer necessary, a dispenser shall promptly ‘‘(B) AGREEMENTS WITH THIRD PARTIES.—A mination that a product within the posses- notify immediate trading partners that the dispenser may enter into a written agree- sion or control of a dispenser is a suspect dispenser notified pursuant to clause (ii) ment with a third party, including an au- product, a dispenser shall— that such notification has been terminated. thorized wholesale distributor, under which ‘‘(I) quarantine such product within the ‘‘(v) RECORDS.—A dispenser shall keep the third party confidentially maintains the possession or control of the dispenser from records of the disposition of an illegitimate transaction information, transaction his- product intended for distribution until such product for not less than 6 years after the tory, and transaction statements required to product is cleared or dispositioned; and conclusion of the disposition. be maintained under this subsection on be- ‘‘(II) promptly conduct an investigation in ‘‘(C) ELECTRONIC DATABASE.—A dispenser coordination with trading partners, as appli- may satisfy the requirements of this para- half of the dispenser. If a dispenser enters cable, to determine whether the product is graph by developing a secure electronic data- into such an agreement, the dispenser shall an illegitimate product. base or utilizing a secure electronic database maintain a copy of the written agreement ‘‘(ii) INVESTIGATION.—An investigation con- developed or operated by another entity. and shall not be relieved of the obligations of ducted under clause (i)(II) shall include— ‘‘(5) EXCEPTION.—Notwithstanding any the dispenser under this subsection. ‘‘(I) beginning 7 years after the date of en- other provision of law, the requirements ‘‘(C) RETURNS.— actment of the Drug Supply Chain Security under paragraphs (1) and (4) shall not apply ‘‘(i) SALEABLE RETURNS.—A dispenser may Act, verifying whether the lot number of a to licensed health care practitioners author- return product to the trading partner from suspect product corresponds with the lot ized to prescribe or administer medication which the dispenser obtained the product number for such product; under State law or other licensed individuals without providing the information required ‘‘(II) beginning 7 years after the date of en- under the supervision or direction of such under subparagraph (A). actment of such Act, verifying that the prod- practitioners who dispense or administer ‘‘(ii) NONSALEABLE RETURNS.—A dispenser uct identifier, including the standardized nu- product in the usual course of professional may return a nonsaleable product to the merical identifier, of at least 3 packages or practice. manufacturer or repackager, to the whole- 10 percent of such suspect product, which- ‘‘(e) REPACKAGER REQUIREMENTS.— sale distributor from whom such product was ever is greater, or all packages, if there are ‘‘(1) PRODUCT TRACING.— purchased, to a returns processor, or to a fewer than 3, corresponds with the product ‘‘(A) IN GENERAL.—Beginning not later person acting on behalf of such a person identifier for such product; than January 1, 2015, a repackager described without providing the information required ‘‘(III) validating any applicable trans- in section 581(16)(A) shall— under subparagraph (A). action history and transaction information ‘‘(i) not accept ownership of a product un- ‘‘(D) REQUESTS FOR INFORMATION.—Upon a in the possession of the dispenser; and less the previous owner, prior to, or at the request by the Secretary or other appro- ‘‘(IV) otherwise investigating to determine time of, the transaction, provides trans- priate Federal or State official, in the event whether the product is an illegitimate prod- action history, transaction information, and of a recall or for the purpose of investigating uct. a transaction statement for the product; a suspect or an illegitimate product, a dis- ‘‘(iii) CLEARED PRODUCT.—If the dispenser ‘‘(ii) prior to, or at the time of, each trans- penser shall, not later than 2 business days makes the determination that a suspect action in which the repackager transfers after receiving the request or in another product is not an illegitimate product, the ownership of a product, provide the subse- such reasonable time as determined by the dispenser shall promptly notify the Sec- quent owner with transaction history, trans- Secretary, based on the circumstances of the retary, if applicable, of such determination action information, and a transaction state- request, provide the applicable transaction and such product may be further distributed ment for the product; and information, transaction statement, and or dispensed. ‘‘(iii) capture the transaction information transaction history which the dispenser re- ‘‘(iv) RECORDS.—A dispenser shall keep (including lot level information), transaction ceived from the previous owner, which shall records of the investigation of a suspect history, and transaction statement for each not include the lot number of the product, product for not less than 6 years after the transaction described in clauses (i) and (ii) the initial transaction date, or the initial conclusion of the investigation. and maintain such information, history, and shipment date from the manufacturer unless ‘‘(B) ILLEGITIMATE PRODUCT.— statement for not less than 6 years after the such information was included in the trans- ‘‘(i) IN GENERAL.—Upon determining, in co- transaction. action information, transaction statement, ordination with the manufacturer, that a ‘‘(B) RETURNS.— and transaction history provided by the product in the possession or control of a dis- ‘‘(i) NONSALEABLE PRODUCT.—A repackager manufacturer or wholesale distributor to the penser is an illegitimate product, the dis- described in section 581(16)(A) may return a dispenser. The dispenser may respond to the penser shall— nonsaleable product to the manufacturer or request by providing the applicable informa- ‘‘(I) disposition the illegitimate product repackager, or to the wholesale distributor tion in either paper or electronic format. within the possession or control of the dis- from whom such product was purchased, or Until the date that is 4 years after the date penser; to a person acting on behalf of such a person, of enactment of the Drug Supply Chain Secu- ‘‘(II) take reasonable and appropriate steps including a returns processor, without pro- rity Act, the Secretary or other appropriate to assist a trading partner to disposition an viding the information required under sub- Federal or State official shall grant a dis- illegitimate product not in the possession or paragraph (A)(ii). penser additional time, as necessary, only control of the dispenser; and ‘‘(ii) SALEABLE OR NONSALEABLE PRODUCT.— with respect to a request to provide lot level ‘‘(III) retain a sample of the product for A repackager described in section 581(16)(B) information described in subparagraph (F) of further physical examination or laboratory may return a saleable or nonsaleable product section 581(26) that was provided to the dis- analysis of the product by the manufacturer to the manufacturer, repackager, or to the penser in paper format, limit the request or Secretary (or other appropriate Federal or wholesale distributor from whom such prod- time period to the 6 months preceding the re- State official) upon request by the manufac- uct was received without providing the infor- quest or other relevant date, and, in the turer or Secretary (or other appropriate Fed- mation required under subparagraph (A)(ii) event of a recall, the Secretary, or other ap- eral or State official), as necessary and ap- on behalf of the hospital or other health care propriate Federal or State official may re- propriate. entity that took ownership of such product quest information only if such recall in- ‘‘(ii) MAKING A NOTIFICATION.—Upon deter- pursuant to the terms and conditions of any volves a serious adverse health consequence mining that a product in the possession or agreement between such repackager and the or death to humans. control of the dispenser is an illegitimate entity that owns the product. ‘‘(2) PRODUCT IDENTIFIER.—Beginning not product, the dispenser shall notify the Sec- ‘‘(C) REQUESTS FOR INFORMATION.—Upon a later than 7 years after the date of enact- retary and all immediate trading partners request by the Secretary or other appro- ment of the Drug Supply Chain Security Act, that the dispenser has reason to believe may priate Federal or State official, in the event a dispenser may engage in transactions in- have received such illegitimate product of of a recall or for the purpose of investigating volving a product only if such product is en- such determination not later than 24 hours a suspect product or an illegitimate product, coded with a product identifier (except as after making such determination. a repackager described in section 581(16)(A) provided pursuant to subsection (a)(5)). ‘‘(iii) RESPONDING TO A NOTIFICATION.— shall, not later than 1 business day, and not ‘‘(3) AUTHORIZED TRADING PARTNERS.—Be- Upon the receipt of a notification from the to exceed 48 hours, after receiving the re- ginning not later than January 1, 2015, the Secretary or a trading partner that a deter- quest or in other such reasonable time as de- trading partners of a dispenser may be only mination has been made that a product is an termined by the Secretary, provide the appli- authorized trading partners. illegitimate product, a dispenser shall iden- cable transaction information, transaction

VerDate Mar 15 2010 03:57 Sep 29, 2013 Jkt 029060 PO 00000 Frm 00030 Fmt 0636 Sfmt 0634 E:\CR\FM\A28SE7.007 H28SEPT1 smartinez on DSK6TPTVN1PROD with HOUSE September 28, 2013 CONGRESSIONAL RECORD — HOUSE H5955 history, and transaction statement for the ‘‘(II) disposition the illegitimate product to a verification request submitted by means product. within the possession or control of the re- other than a secure electronic database. ‘‘(2) PRODUCT IDENTIFIER.— packager; ‘‘(E) VERIFICATION OF SALEABLE RETURNED ‘‘(A) IN GENERAL.—Beginning not later ‘‘(III) take reasonable and appropriate PRODUCT.—Beginning 5 years after the date than 5 years after the date of enactment of steps to assist a trading partner to disposi- of enactment of the Drug Supply Chain Secu- the Drug Supply Chain Security Act, a re- tion an illegitimate product not in the pos- rity Act, upon receipt of a returned product packager described in section 581(16)(A)— session or control of the repackager; and that the repackager intends to further dis- ‘‘(i) shall affix or imprint a product identi- ‘‘(IV) retain a sample of the product for tribute, before further distributing such fier to each package and homogenous case of further physical examination or laboratory product, the repackager shall verify the product intended to be introduced in a trans- analysis of the product by the manufacturer product identifier for each sealed homo- action in commerce; or Secretary (or other appropriate Federal or geneous case of such product or, if such prod- ‘‘(ii) shall maintain the product identifier State official) upon request by the manufac- uct is not in a sealed homogeneous case, information for such product for not less turer or Secretary (or other appropriate Fed- verify the product identifier on each pack- than 6 years after the date of the trans- eral or State official), as necessary and ap- age. ‘‘(f) DROP SHIPMENTS.— action; propriate. ‘‘(iii) may engage in transactions involving ‘‘(1) IN GENERAL.—A wholesale distributor ‘‘(ii) MAKING A NOTIFICATION.—Upon deter- that does not physically handle or store a product only if such product is encoded mining that a product in the possession or product shall be exempt from the provisions with a product identifier (except as provided control of the repackager is an illegitimate pursuant to subsection (a)(5)); and of this section, except the notification re- product, the repackager shall notify the Sec- ‘‘(iv) shall maintain records for not less quirements under clauses (ii), (iii), and (iv) retary and all immediate trading partners than 6 years to allow the repackager to asso- of subsection (c)(4)(B), provided that the that the repackager has reason to believe ciate the product identifier the repackager manufacturer, repackager, or other whole- may have received the illegitimate product affixes or imprints with the product identi- sale distributor that distributes the product of such determination not later than 24 fier assigned by the original manufacturer of to the dispenser by means of a drop shipment hours after making such determination. the product. for such wholesale distributor includes on ‘‘(iii) RESPONDING TO A NOTIFICATION.— ‘‘(B) EXCEPTION.—A package that is re- the transaction information and transaction quired to have a standardized numerical Upon the receipt of a notification from the history to the dispenser the contact informa- identifier is not required to have a unique Secretary or a trading partner, a repackager tion of such wholesale distributor and pro- device identifier. shall identify all illegitimate product sub- vides the transaction information, trans- ject to such notification that is in the pos- ‘‘(3) AUTHORIZED TRADING PARTNERS.—Be- action history, and transaction statement ginning January 1, 2015, the trading partners session or control of the repackager, includ- directly to the dispenser. of a repackager described in section 581(16) ing any product that is subsequently re- ‘‘(2) CLARIFICATION.—For purposes of this may be only authorized trading partners. ceived, and shall perform the activities de- subsection, providing administrative serv- ‘‘(4) VERIFICATION.—Beginning not later scribed in subparagraph (A). ices, including processing of orders and pay- than January 1, 2015, a repackager described ‘‘(iv) TERMINATING A NOTIFICATION.—Upon ments, shall not by itself, be construed as in section 581(16)(A) shall have systems in making a determination, in consultation being involved in the handling, distribution, place to enable the repackager to comply with the Secretary, that a notification is no or storage of a product.’’. with the following requirements: longer necessary, a repackager shall prompt- SEC. 203. ENHANCED DRUG DISTRIBUTION SECU- ‘‘(A) SUSPECT PRODUCT.— ly notify immediate trading partners that RITY. ‘‘(i) IN GENERAL.—Upon making a deter- the repackager notified pursuant to clause Section 582, as added by section 202, is mination that a product in the possession or (ii) that such notification has been termi- amended by adding at the end the following: control of the repackager is a suspect prod- nated. ‘‘(g) ENHANCED DRUG DISTRIBUTION SECU- uct, or upon receiving a request for ‘‘(v) RECORDS.—A repackager shall keep RITY.— verification from the Secretary that has records of the disposition of an illegitimate ‘‘(1) IN GENERAL.—On the date that is 10 made a determination that a product within product for not less than 6 years after the years after the date of enactment of the the possession or control of a repackager is conclusion of the disposition. Drug Supply Chain Security Act, the fol- a suspect product, a repackager shall— ‘‘(C) REQUESTS FOR VERIFICATION.—Begin- lowing interoperable, electronic tracing of ‘‘(I) quarantine such product within the ning 5 years after the date of enactment of product at the package level requirements possession or control of the repackager from the Drug Supply Chain Security Act, upon shall go into effect: product intended for distribution until such receiving a request for verification from an ‘‘(A) The transaction information and the product is cleared or dispositioned; and authorized manufacturer, wholesale dis- transaction statements as required under ‘‘(II) promptly conduct an investigation in tributor, or dispenser that is in possession or this section shall be exchanged in a secure, coordination with trading partners, as appli- control of a product they believe to be re- interoperable, electronic manner in accord- cable, to determine whether the product is packaged by such repackager, a repackager ance with the standards established under an illegitimate product, which shall include shall, not later than 24 hours after receiving the guidance issued pursuant to paragraphs validating any applicable transaction his- the verification request or in other such rea- (3) and (4) of subsection (h), including any re- tory and transaction information in the pos- sonable time as determined by the Sec- vision of such guidance issued in accordance session of the repackager and otherwise in- retary, based on the circumstances of the re- with paragraph (5) of such subsection. vestigating to determine whether the prod- quest, notify the person making the request ‘‘(B) The transaction information required uct is an illegitimate product, and, begin- whether the product identifier, including the under this section shall include the product ning 5 years after the date of enactment of standardized numerical identifier, that is the identifier at the package level for each pack- the Drug Supply Chain Security Act (except subject of the request corresponds to the age included in the transaction. as provided pursuant to subsection (a)(5)), product identifier affixed or imprinted by ‘‘(C) Systems and processes for verification verifying the product at the package level, the repackager. If a repackager responding of product at the package level, including including the standardized numerical identi- to a verification request identifies a product the standardized numerical identifier, shall fier. identifier that does not correspond to that be required in accordance with the standards ‘‘(ii) CLEARED PRODUCT.—If the repackager affixed or imprinted by the repackager, the established under the guidance issued pursu- makes the determination that a suspect repackager shall treat such product as sus- ant to subsection (a)(2) and the guidances product is not an illegitimate product, the pect product and conduct an investigation as issued pursuant to paragraphs (2), (3), and (4) repackager shall promptly notify the Sec- described in subparagraph (A). If the repack- of subsection (h), including any revision of retary, if applicable, of such determination ager has reason to believe the product is an such guidances issued in accordance with and such product may be further distributed. illegitimate product, the repackager shall paragraph (5) of such subsection, which may ‘‘(iii) RECORDS.—A repackager shall keep advise the person making the request of such include the use of aggregation and inference records of the investigation of a suspect belief at the time such repackager responds as necessary. product for not less than 6 years after the to the verification request. ‘‘(D) The systems and processes necessary conclusion of the investigation. ‘‘(D) ELECTRONIC DATABASE.—A repackager to promptly respond with the transaction in- ‘‘(B) ILLEGITIMATE PRODUCT.— may satisfy the requirements of paragraph formation and transaction statement for a ‘‘(i) IN GENERAL.—Upon determining, in co- (4) by developing a secure electronic data- product upon a request by the Secretary (or ordination with the manufacturer, that a base or utilizing a secure electronic database other appropriate Federal or State official) product in the possession or control of a re- developed or operated by another entity. The in the event of a recall or for the purposes of packager is an illegitimate product, the re- owner of such database shall establish the investigating a suspect product or an illegit- packager shall, in a manner that is con- requirements and processes to respond to re- imate product shall be required. sistent with the systems and processes of quests and may provide for data access to ‘‘(E) The systems and processes necessary such repackager— other members of the pharmaceutical dis- to promptly facilitate gathering the infor- ‘‘(I) quarantine such product within the tribution supply chain, as appropriate. The mation necessary to produce the transaction possession or control of the repackager from development and operation of such a data- information for each transaction going back product intended for distribution until such base shall not relieve a repackager of the re- to the manufacturer, as applicable, shall be product is dispositioned; quirement under subparagraph (C) to respond required—

VerDate Mar 15 2010 03:57 Sep 29, 2013 Jkt 029060 PO 00000 Frm 00031 Fmt 0636 Sfmt 0634 E:\CR\FM\A28SE7.007 H28SEPT1 smartinez on DSK6TPTVN1PROD with HOUSE H5956 CONGRESSIONAL RECORD — HOUSE September 28, 2013 ‘‘(i) in the event of a request by the Sec- ‘‘(ii) the necessary software and hardware guidance documents as provided for in this retary (or other appropriate Federal or State is prohibitively expensive to obtain, install, subsection. official), on account of a recall or for the and maintain for such dispensers; and ‘‘(2) SUSPECT AND ILLEGITIMATE PRODUCT.— purposes of investigating a suspect product ‘‘(iii) the necessary hardware and software ‘‘(A) IN GENERAL.—Not later than 180 days or an illegitimate product; or can be integrated into business practices, after the date of enactment of the Drug Sup- ‘‘(ii) in the event of a request by an author- such as interoperability with wholesale dis- ply Chain Security Act, the Secretary shall ized trading partner, in a secure manner that tributors, for such dispensers. issue a guidance document to aid trading ensures the protection of confidential com- ‘‘(D) PUBLICATION.—The Secretary shall— partners in the identification of a suspect mercial information and trade secrets, for ‘‘(i) publish the statement of work for the product and notification termination. Such purposes of investigating a suspect product assessment under subparagraph (A) for pub- guidance document shall— or assisting the Secretary (or other appro- lic comment prior to beginning the assess- ‘‘(i) identify specific scenarios that could priate Federal or State official) with a re- ment; significantly increase the risk of a suspect quest described in clause (i). ‘‘(ii) publish the final assessment for public product entering the pharmaceutical dis- ‘‘(F) Each person accepting a saleable re- comment not later than 30 calendar days tribution supply chain; turn shall have systems and processes in after receiving such assessment; and ‘‘(ii) provide recommendation on how trad- place to allow acceptance of such product ‘‘(iii) hold a public meeting not later than ing partners may identify such product and and may accept saleable returns only if such 180 calendar days after receiving the final as- make a determination on whether the prod- person can associate the saleable return sessment at which public stakeholders may uct is a suspect product as soon as prac- product with the transaction information present their views on the assessment. ticable; and and transaction statement associated with ‘‘(4) PROCEDURE.—Notwithstanding section ‘‘(iii) set forth the process by which manu- that product. 553 of title 5, United States Code, the Sec- facturers, repackagers, wholesale distribu- retary, in promulgating any regulation pur- ‘‘(2) COMPLIANCE.— tors, and dispensers shall terminate notifica- suant to this section, shall— ‘‘(A) INFORMATION MAINTENANCE AGREE- tions in consultation with the Secretary re- ‘‘(A) provide appropriate flexibility by— MENT.—A dispenser may enter into a written garding illegitimate product pursuant to ‘‘(i) not requiring the adoption of specific agreement with a third party, including an subsections (b)(4)(B), (c)(4)(B), (d)(4)(B), and business systems for the maintenance and authorized wholesale distributor, under (e)(4)(B). transmission of data; which the third party shall confidentially ‘‘(B) REVISED GUIDANCE.—If the Secretary ‘‘(ii) prescribing alternative methods of maintain any information and statements revises the guidance issued under subpara- compliance for any of the requirements set required to be maintained under this section. graph (A), the Secretary shall follow the pro- forth in paragraph (1) or set forth in regula- If a dispenser enters into such an agreement, cedure set forth in paragraph (5). tions implementing such requirements, in- the dispenser shall maintain a copy of the ‘‘(3) UNIT LEVEL TRACING.— cluding— ‘‘(A) IN GENERAL.—In order to enhance drug written agreement and shall not be relieved ‘‘(I) timelines for small businesses to com- of the obligations of the dispenser under this distribution security at the package level, ply with the requirements set forth in the not later than 18 months after conducting a subsection. regulations in order to ensure that such re- ‘‘(B) ALTERNATIVE METHODS.—The Sec- public meeting on the system attributes nec- quirements do not impose undue economic essary to enable secure tracing of product at retary, taking into consideration the assess- hardship for small businesses (including ment conducted under paragraph (3), shall the package level, including allowing for the small business dispensers for whom the cri- use of verification, inference, and aggrega- provide for alternative methods of compli- teria set forth in the assessment under para- ance with any of the requirements set forth tion, as necessary, the Secretary shall issue graph (3) is not met), if the Secretary deter- a final guidance document that outlines and in paragraph (1), including— mines that such requirements would result ‘‘(i) establishing timelines for compliance makes recommendations with respect to the in undue economic hardship; and system attributes necessary to enable secure by small businesses (including small busi- ‘‘(II) the establishment of a process by tracing at the package level as required ness dispensers with 25 or fewer full-time em- which a dispenser may request a waiver from under the requirements established under ployees) with such requirements, in order to any of the requirements set forth in such subsection (g). Such guidance document ensure that such requirements do not impose regulations if the Secretary determines that shall— undue economic hardship for small busi- such requirements would result in an undue ‘‘(i) define the circumstances under which nesses, including small business dispensers economic hardship; and the sectors within the pharmaceutical dis- for whom the criteria set forth in the assess- ‘‘(iii) taking into consideration— tribution supply chain may, in the most effi- ment under paragraph (3) is not met, if the ‘‘(I) the results of pilot projects, including cient manner practicable, infer the contents Secretary determines that such require- pilot projects pursuant to this section and of a case, pallet, tote, or other aggregate of ments under paragraph (1) would result in private sector pilot projects, including those individual packages or containers of product, undue economic hardship; and involving the use of aggregation and infer- from a product identifier associated with the ‘‘(ii) establishing a process by which a dis- ence; case, pallet, tote, or other aggregate, with- penser may request a waiver from any of the ‘‘(II) the public meetings held and related out opening each case, pallet, tote, or other requirements set forth in paragraph (1) if the guidance documents issued under this sec- aggregate or otherwise individually scanning Secretary determines that such require- tion; each package; ments would result in an undue economic ‘‘(III) the public health benefits of any ad- ‘‘(ii) identify methods and processes to en- hardship, which shall include a process for ditional regulations in comparison to the hance secure tracing of product at the pack- the biennial review and renewal of any such cost of compliance with such requirements, age level, such as secure processes to facili- waiver. including on entities of varying sizes and ca- tate the use of inference, enhanced ‘‘(3) ASSESSMENT.— pabilities; verification activities, the use of aggrega- ‘‘(A) IN GENERAL.—Not later than the date ‘‘(IV) the diversity of the pharmaceutical tion and inference, processes that utilize the that is 18 months after the Secretary issues distribution supply chain by providing ap- product identifiers to enhance tracing of the final guidance required under subsection propriate flexibility for each sector, includ- product at the package level, including the (h), the Secretary shall enter into a contract ing both large and small businesses; and standardized numerical identifier, or pack- with a private, independent consulting firm ‘‘(V) the assessment pursuant to paragraph age security features; and with expertise to conduct a technology and (3) with respect to small business dispensers, ‘‘(iii) ensure the protection of confidential software assessment that looks at the feasi- including related public comment and the commercial information and trade secrets. bility of dispensers with 25 or fewer full-time public meeting, and requirements under this ‘‘(B) PROCEDURE.—In issuing the guidance employees conducting interoperable, elec- section; under subparagraph (A), and in revising such tronic tracing of products at the package ‘‘(B) issue a notice of proposed rulemaking guidance, if applicable, the Secretary shall level. Such assessment shall be completed that includes a copy of the proposed regula- follow the procedure set forth in paragraph not later than 81⁄2 years after the date of en- tion; (5). actment of the Drug Supply Chain Security ‘‘(C) provide a period of not less than 60 ‘‘(4) STANDARDS FOR INTEROPERABLE DATA Act. days for comments on the proposed regula- EXCHANGE.— ‘‘(B) CONDITION.—As a condition of the tion; and ‘‘(A) IN GENERAL.—In order to enhance se- award of the contract under subparagraph ‘‘(D) publish in the Federal Register the cure tracing of a product at the package (A), the private, independent consulting firm final regulation not less than 2 years prior to level, the Secretary, not later than 18 shall agree to consult with dispensers with 25 the effective date of the regulation. months after conducting a public meeting on or fewer full-time employees when con- ‘‘(h) GUIDANCE DOCUMENTS.— the interoperable standards necessary to en- ducting the assessment under such subpara- ‘‘(1) IN GENERAL.—For the purposes of fa- hance the security of the pharmaceutical graph. cilitating the successful and efficient adop- distribution supply chain, shall update the ‘‘(C) CONTENT.—The assessment under sub- tion of secure, interoperable product tracing guidance issued pursuant to subsection paragraph (A) shall assess whether— at the package level in order to enhance drug (a)(2), as necessary and appropriate, and fi- ‘‘(i) the necessary software and hardware is distribution security and further protect the nalize such guidance document so that the readily accessible to such dispensers; public health, the Secretary shall issue the guidance document—

VerDate Mar 15 2010 03:57 Sep 29, 2013 Jkt 029060 PO 00000 Frm 00032 Fmt 0636 Sfmt 0634 E:\CR\FM\A28SE7.007 H28SEPT1 smartinez on DSK6TPTVN1PROD with HOUSE September 28, 2013 CONGRESSIONAL RECORD — HOUSE H5957 ‘‘(i) identifies and makes recommendations subsection (g), including the standards nec- ‘‘(3) The requirements set forth under sub- with respect to the standards necessary for essary for adoption in order to support the paragraphs (A)(v)(II) and (D) of subsection adoption in order to support the secure, secure, interoperable electronic data ex- (c)(1), as applied to lot level information interoperable electronic data exchange change among sectors within the pharma- only. among the pharmaceutical distribution sup- ceutical distribution supply chain. ‘‘(l) RULE OF CONSTRUCTION.—The require- ply chain that comply with a form and for- ‘‘(C) Best practices in each of the different ments set forth in subsections (g)(4), (i), and mat developed by a widely recognized inter- sectors within the pharmaceutical distribu- (j) shall not be construed as a condition, pro- national standards development organiza- tion supply chain to implement the require- hibition, or precedent for precluding or de- tion; ments of this section. laying the provisions becoming effective pur- ‘‘(ii) takes into consideration standards es- ‘‘(D) The costs and benefits of the imple- suant to subsection (g). tablished pursuant to subsection (a)(2) and mentation of this section, including the im- ‘‘(m) REQUESTS FOR INFORMATION.—On the section 505D; pact on each pharmaceutical distribution date that is 10 years after the date of enact- ‘‘(iii) facilitates the creation of a uniform supply chain sector and on public health. ment of the Drug Supply Chain Security Act, process or methodology for product tracing; ‘‘(E) Whether electronic tracing require- the timeline for responses to requests for in- and ments, including tracing of product at the formation from the Secretary, or other ap- propriate Federal or State official, as appli- ‘‘(iv) ensures the protection of confidential package level, are feasible, cost effective, cable, under subsections (b)(1)(B), (c)(1)(C), commercial information and trade secrets. and needed to protect the public health. and (e)(1)(C) shall be not later than 24 hours ‘‘(B) PROCEDURE.—In issuing the guidance ‘‘(F) The systems and processes needed to after receiving the request from the Sec- under subparagraph (A), and in revising such utilize the product identifiers to enhance retary or other appropriate Federal or State guidance, if applicable, the Secretary shall tracing of product at the package level, in- official, as applicable, or in such other rea- follow the procedure set forth in paragraph cluding allowing for verification, aggrega- sonable time as determined by the Secretary (5). tion, and inference, as necessary. based on the circumstances of the request.’’. ‘‘(5) PROCEDURE.—In issuing or revising ‘‘(G) The technical capabilities and legal any guidance issued pursuant to this sub- SEC. 204. NATIONAL STANDARDS FOR PRESCRIP- authorities, if any, needed to establish an TION DRUG WHOLESALE DISTRIBU- section or subsection (g), except the initial interoperable, electronic system that pro- guidance issued under paragraph (2)(A), the TORS. vides for tracing of product at the package (a) AMENDMENTS.— Secretary shall— level. ‘‘(A) publish a notice in the Federal Reg- (1) REQUIREMENT.—Section 503(e) (21 U.S.C. ‘‘(H) The impact that such additional re- 353(e)) is amended by striking paragraphs (1), ister for a period not less than 30 days an- quirements would have on patient safety, the nouncing that the draft or revised draft guid- (2), and (3) and inserting the following: drug supply, cost and regulatory burden, and ‘‘(1) REQUIREMENT.—Subject to section 583: ance is available; timely patient access to prescription drugs. ‘‘(B) post the draft guidance document on ‘‘(A) IN GENERAL.—No person may engage ‘‘(I) Other topics, as determined appro- in wholesale distribution of a drug subject to the Internet Web site of the Food and Drug priate by the Secretary. Administration and make such draft guid- subsection (b)(1) in any State unless such ‘‘(j) PILOT PROJECTS.— ance document available in hard copy; person— ‘‘(1) IN GENERAL.—The Secretary shall es- ‘‘(C) provide an opportunity for comment ‘‘(i)(I) is licensed by the State from which and review and take into consideration any tablish 1 or more pilot projects, in coordina- the drug is distributed; or comments received; tion with authorized manufacturers, repack- ‘‘(II) if the State from which the drug is ‘‘(D) revise the draft guidance, as appro- agers, wholesale distributors, and dispensers, distributed has not established a licensure priate; to explore and evaluate methods to enhance requirement, is licensed by the Secretary; ‘‘(E) publish a notice in the Federal Reg- the safety and security of the pharma- and ister for a period not less than 30 days an- ceutical distribution supply chain. Such ‘‘(ii) if the drug is distributed interstate, is nouncing that the final guidance or final re- projects shall build upon efforts, in existence licensed by the State into which the drug is vised guidance is available; as of the date of enactment of the Drug Sup- distributed if the State into which the drug ‘‘(F) post the final guidance document on ply Chain Security Act, to enhance the safe- is distributed requires the licensure of a per- the Internet Web site of the Food and Drug ty and security of the pharmaceutical dis- son that distributes drugs into the State. Administration and make such final guid- tribution supply chain, take into consider- ‘‘(B) STANDARDS.—Each Federal and State ance document available in hard copy; and ation any pilot projects conducted prior to license described in subparagraph (A) shall ‘‘(G) provide for an effective date of not such date of enactment, including any pilot meet the standards, terms, and conditions earlier than 1 year after such guidance be- projects that use aggregation and inference, established by the Secretary under section comes final. and inform the draft and final guidance 583. ‘‘(i) PUBLIC MEETINGS.— under paragraphs (3) and (4) of subsection ‘‘(2) REPORTING AND DATABASE.— ‘‘(1) IN GENERAL.—The Secretary shall hold (h). ‘‘(A) REPORTING.—Beginning January 1, not less than 5 public meetings to enhance ‘‘(2) CONTENT.— 2015, any person who owns or operates an es- the safety and security of the pharma- ‘‘(A) IN GENERAL.—The Secretary shall en- tablishment that engages in wholesale dis- ceutical distribution supply chain and pro- sure that the pilot projects under paragraph tribution shall— vide for comment. The Secretary may hold (1) reflect the diversity of the pharma- ‘‘(i) report to the Secretary, on an annual the first such public meeting not earlier ceutical distribution supply chain and that basis pursuant to a schedule determined by than 1 year after the date of enactment of the pilot projects, when taken as a whole, in- the Secretary— the Drug Supply Chain Security Act. In car- clude participants representative of every ‘‘(I) each State by which the person is li- rying out the public meetings described in sector, including both large and small busi- censed and the appropriate identification this paragraph, the Secretary shall— nesses. number of each such license; and ‘‘(A) prioritize topics necessary to inform ‘‘(B) PROJECT DESIGN.—The pilot projects ‘‘(II) the name, address, and contact infor- the issuance of the guidance described in under paragraph (1) shall be designed to— mation of each facility at which, and all paragraphs (3) and (4) of subsection (h); and ‘‘(i) utilize the product identifier for trac- trade names under which, the person con- ‘‘(B) take all measures reasonable and ing of a product, which may include ducts business; and practicable to ensure the protection of con- verification of the product identifier of a ‘‘(ii) report to the Secretary within a rea- fidential commercial information and trade product, including the use of aggregation sonable period of time and in a reasonable secrets. and inference; manner, as determined by the Secretary, any ‘‘(2) CONTENT.—Each of the following topics ‘‘(ii) improve the technical capabilities of significant disciplinary actions, such as the shall be addressed in at least one of the pub- each sector and subsector to comply with revocation or suspension of a wholesale dis- lic meetings described in paragraph (1): systems and processes needed to utilize the tributor license, taken by a State or the Fed- ‘‘(A) An assessment of the steps taken product identifiers to enhance tracing of a eral Government during the reporting period under subsections (b) through (e) to build ca- product; against the wholesale distributor. pacity for a unit-level system, including the ‘‘(iii) identify system attributes that are ‘‘(B) DATABASE.—Not later than January 1, impact of the requirements of such sub- necessary to implement the requirements es- 2015, the Secretary shall establish a database sections on— tablished under this section; and of authorized wholesale distributors. Such ‘‘(i) the ability of the health care system ‘‘(iv) complete other activities as deter- database shall— collectively to maintain patient access to mined by the Secretary. ‘‘(i) identify each authorized wholesale dis- medicines; ‘‘(k) SUNSET.—The following requirements tributor by name, contact information, and ‘‘(ii) the scalability of such requirements, shall have no force or effect beginning on the each State where such wholesale distributor including as it relates to product lines; and date that is 10 years after the date of enact- is appropriately licensed to engage in whole- ‘‘(iii) the capability of different sectors and ment of the Drug Supply Chain Security Act: sale distribution; subsectors, including both large and small ‘‘(1) The provision and receipt of trans- ‘‘(ii) be available to the public on the businesses, to affix and utilize the product action history under this section. Internet Web site of the Food and Drug Ad- identifier. ‘‘(2) The requirements set forth for returns ministration; and ‘‘(B) The system attributes necessary to under subsections (b)(4)(E), (c)(1)(B)(i), ‘‘(iii) be regularly updated on a schedule support the requirements set forth under (d)(1)(C)(i), and (e)(4)(E). determined by the Secretary.

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‘‘(C) COORDINATION.—The Secretary shall ‘‘(H) the distribution of a drug by the man- (3) THIRD-PARTY LOGISTICS PROVIDERS.— establish a format and procedure for appro- ufacturer of such drug; Section 503(e) (21 U.S.C. 353(e)), as amended priate State officials to access the informa- ‘‘(I) the receipt or transfer of a drug by an by paragraph (2), is further amended by add- tion provided pursuant to subparagraph (A) authorized third-party logistics provider pro- ing at the end the following: in a prompt and secure manner. vided that such third-party logistics provider ‘‘(5) THIRD-PARTY LOGISTICS PROVIDERS.— ‘‘(D) CONFIDENTIALITY.—Nothing in this does not take ownership of the drug; Notwithstanding paragraphs (1) through (4), paragraph shall be construed as authorizing ‘‘(J) a common carrier that transports a each entity that meets the definition of a the Secretary to disclose any information drug, provided that the common carrier does third-party logistics provider under section that is a trade secret or confidential infor- not take ownership of the drug; 581(22) shall obtain a license as a third-party mation subject to section 552(b)(4) of title 5, ‘‘(K) the distribution of a drug, or an offer logistics provider as described in section United States Code, or section 1905 of title to distribute a drug by an authorized repack- 584(a) and is not required to obtain a license 18, United States Code. ager that has taken ownership or possession as a wholesale distributor if the entity never ‘‘(3) COSTS.— of the drug and repacks it in accordance with assumes an ownership interest in the prod- ‘‘(A) AUTHORIZED FEES OF SECRETARY.—If a section 582(e); uct it handles.’’. State does not establish a licensing program ‘‘(L) salable drug returns when conducted (4) AFFILIATE.—Section 503(e) (21 U.S.C. for persons engaged in the wholesale dis- by a dispenser; 353(e)), as amended by paragraph (3), is fur- tribution of a drug subject to subsection (b), ‘‘(M) the distribution of a collection of fin- ther amended by adding at the end the fol- the Secretary shall license a person engaged ished medical devices, which may include a lowing: product or biological product, assembled in in wholesale distribution located in such ‘‘(6) AFFILIATE.—For purposes of this sub- kit form strictly for the convenience of the State and may collect a reasonable fee in section, the term ‘affiliate’ means a business purchaser or user (referred to in this sub- such amount necessary to reimburse the Sec- entity that has a relationship with a second paragraph as a ‘medical convenience kit’) retary for costs associated with establishing business entity if, directly or indirectly— if— and administering the licensure program and ‘‘(A) one business entity controls, or has ‘‘(i) the medical convenience kit is assem- conducting periodic inspections under this the power to control, the other business enti- bled in an establishment that is registered section. The Secretary shall adjust fee rates ty; or with the Food and Drug Administration as a as needed on an annual basis to generate ‘‘(B) a third party controls, or has the device manufacturer in accordance with sec- power to control, both of the business enti- only the amount of revenue needed to per- tion 510(b)(2); form this service. Fees authorized under this ties.’’. ‘‘(ii) the medical convenience kit does not (5) STANDARDS.—Subchapter H of chapter paragraph shall be collected and available contain a controlled substance that appears for obligation only to the extent and in the V, as added by section 202, is amended by in a schedule contained in the Comprehen- adding at the end the following: amount provided in advance in appropria- sive Drug Abuse Prevention and Control Act tions Acts. Such fees are authorized to re- ‘‘SEC. 583. NATIONAL STANDARDS FOR PRESCRIP- of 1970; TION DRUG WHOLESALE DISTRIBU- main available until expended. Such sums as ‘‘(iii) in the case of a medical convenience may be necessary may be transferred from TORS. kit that includes a product, the person that ‘‘(a) IN GENERAL.—The Secretary shall, not the Food and Drug Administration salaries manufacturers the kit— later than 2 years after the date of enact- and expenses appropriation account without ‘‘(I) purchased such product directly from ment of the Drug Supply Chain Security Act, fiscal year limitation to such appropriation the pharmaceutical manufacturer or from a establish by regulation standards for the li- account for salaries and expenses with such wholesale distributor that purchased the censing of persons under section 503(e)(1) (as fiscal year limitation. product directly from the pharmaceutical amended by the Drug Supply Chain Security ‘‘(B) STATE LICENSING FEES.—Nothing in manufacturer; and Act), including the revocation, reissuance, this Act shall prohibit States from collecting ‘‘(II) does not alter the primary container and renewal of such license. fees from wholesale distributors in connec- or label of the product as purchased from the ‘‘(b) CONTENT.—For the purpose of ensuring tion with State licensing of such distribu- manufacturer or wholesale distributor; and uniformity with respect to standards set tors.’’. ‘‘(iv) in the case of a medical convenience forth in this section, the standards estab- (2) WHOLESALE DISTRIBUTION.—Section kit that includes a product, the product is— lished under subsection (a) shall apply to all 503(e) (21 U.S.C. 353(e)), as amended by para- ‘‘(I) an intravenous solution intended for State and Federal licenses described under graph (1), is further amended by adding at the replenishment of fluids and electrolytes; section 503(e)(1) (as amended by the Drug the end the following: ‘‘(II) a product intended to maintain the Supply Chain Security Act) and shall include ‘‘(4) For the purposes of this subsection equilibrium of water and minerals in the standards for the following: and subsection (d), the term ‘wholesale dis- body; ‘‘(1) The storage and handling of prescrip- tribution’ means the distribution of a drug ‘‘(III) a product intended for irrigation or tion drugs, including facility requirements. subject to subsection (b) to a person other reconstitution; ‘‘(2) The establishment and maintenance of than a consumer or patient, or receipt of a ‘‘(IV) an anesthetic; records of the distributions of such drugs. drug subject to subsection (b) by a person ‘‘(V) an anticoagulant; ‘‘(3) The furnishing of a bond or other other than the consumer or patient, but does ‘‘(VI) a vasopressor; or equivalent means of security, as follows: not include— ‘‘(VII) a sympathomimetic; ‘‘(A)(i) For the issuance or renewal of a ‘‘(A) intracompany distribution of any ‘‘(N) the distribution of an intravenous wholesale distributor license, an applicant drug between members of an affiliate or drug that, by its formulation, is intended for that is not a government owned and operated within a manufacturer; the replenishment of fluids and electrolytes wholesale distributor shall submit a surety ‘‘(B) the distribution of a drug, or an offer (such as sodium, chloride, and potassium) or bond of $100,000 or other equivalent means of to distribute a drug among hospitals or other calories (such as dextrose and amino acids); security acceptable to the State. health care entities which are under common ‘‘(O) the distribution of an intravenous ‘‘(ii) For purposes of clause (i), the State or control; drug used to maintain the equilibrium of other applicable authority may accept a sur- ‘‘(C) the distribution of a drug or an offer water and minerals in the body, such as di- ety bond in the amount of $25,000 if the an- to distribute a drug for emergency medical alysis solutions; nual gross receipts of the previous tax year reasons, including a public health emergency ‘‘(P) the distribution of a drug that is in- for the wholesaler is $10,000,000 or less. declaration pursuant to section 319 of the tended for irrigation, or sterile water, ‘‘(B) If a wholesale distributor can provide Public Health Service Act, except that, for whether intended for such purposes or for in- evidence that it possesses the required bond purposes of this paragraph, a drug shortage jection; in a State, the requirement for a bond in an- not caused by a public health emergency ‘‘(Q) the distribution of medical gas, as de- other State shall be waived. shall not constitute an emergency medical fined in section 575; ‘‘(4) Mandatory background checks and reason; ‘‘(R) facilitating the distribution of a prod- fingerprinting of facility managers or des- ‘‘(D) the dispensing of a drug pursuant to a uct by providing solely administrative serv- ignated representatives. prescription executed in accordance with ices, including processing of orders and pay- ‘‘(5) The establishment and implementa- subsection (b)(1); ments; or tion of qualifications for key personnel. ‘‘(E) the distribution of minimal quantities ‘‘(S) the transfer of a product by a hospital ‘‘(6) The mandatory physical inspection of of drug by a licensed retail pharmacy to a li- or other health care entity, or by a whole- any facility to be used in wholesale distribu- censed practitioner for office use; sale distributor or manufacturer operating tion within a reasonable time frame from the ‘‘(F) the distribution of a drug or an offer at the direction of the hospital or other initial application of the facility and to be to distribute a drug by a charitable organiza- health care entity, to a repackager described conducted by the licensing authority or by tion to a nonprofit affiliate of the organiza- in section 581(16)(B) and registered under sec- the State, consistent with subsection (c). tion to the extent otherwise permitted by tion 510 for the purpose of repackaging the ‘‘(7) In accordance with subsection (d), the law; drug for use by that hospital, or other health prohibition of certain persons from receiving ‘‘(G) the purchase or other acquisition by a care entity and other health care entities or maintaining licensure for wholesale dis- dispenser, hospital, or other health care enti- that are under common control, if ownership tribution. ty of a drug for use by such dispenser, hos- of the drug remains with the hospital or ‘‘(c) INSPECTIONS.—To satisfy the inspec- pital, or other health care entity; other health care entity at all times.’’. tion requirement under subsection (b)(6), the

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Federal or State licensing authority may ‘‘(c) COSTS.— ‘‘(VI) ensure that any expired product is conduct the inspection or may accept an in- ‘‘(1) AUTHORIZED FEES OF SECRETARY.—If a segregated from other products and returned spection by the State in which the facility is State does not establish a licensing program to the manufacturer or repackager or de- located, or by a third-party accreditation or for a third-party logistics provider, the Sec- stroyed; inspection service approved by the Secretary retary shall license the third-party logistics ‘‘(VII) maintain the capability to trace the or the State licensing such wholesale dis- provider located in such State and may col- receipt and outbound distribution of a prod- tributor. lect a reasonable fee in such amount nec- uct, and supplies and records of inventory; ‘‘(d) PROHIBITED PERSONS.—The standards essary to reimburse the Secretary for costs and established under subsection (a) shall in- associated with establishing and admin- ‘‘(VIII) quarantine or destroy a suspect clude requirements to prohibit a person from istering the licensure program and con- product if directed to do so by the respective receiving or maintaining licensure for whole- ducting periodic inspections under this sec- manufacturer, wholesale distributor, dis- sale distribution if the person— tion. The Secretary shall adjust fee rates as penser, or an authorized government agency; ‘‘(1) has been convicted of any felony for needed on an annual basis to generate only ‘‘(D) provide for periodic inspection by the conduct relating to wholesale distribution, the amount of revenue needed to perform licensing authority, as determined by the any felony violation of subsection (i) or (k) this service. Fees authorized under this para- Secretary, of such facility warehouse space of section 301, or any felony violation of sec- graph shall be collected and available for ob- to ensure compliance with this section; tion 1365 of title 18, United States Code, re- ligation only to the extent and in the ‘‘(E) prohibit a facility from having as a lating to product tampering; or amount provided in advance in appropria- manager or designated representative any- ‘‘(2) has engaged in a pattern of violating tions Acts. Such fees are authorized to re- one convicted of any felony violation of sub- the requirements of this section, or State re- main available until expended. Such sums as section (i) or (k) of section 301 or any viola- quirements for licensure, that presents a may be necessary may be transferred from tion of section 1365 of title 18, United States threat of serious adverse health con- the Food and Drug Administration salaries Code relating to product tampering; sequences or death to humans. and expenses appropriation account without ‘‘(F) provide for mandatory background ‘‘(e) REQUIREMENTS.—The Secretary, in fiscal year limitation to such appropriation promulgating any regulation pursuant to checks of a facility manager or a designated account for salaries and expenses with such representative of such manager; this section, shall, notwithstanding section fiscal year limitation. 553 of title 5, United States Code— ‘‘(G) require a third-party logistics pro- ‘‘(2) STATE LICENSING FEES.— vider to provide the applicable licensing au- ‘‘(1) issue a notice of proposed rulemaking ‘‘(A) STATE ESTABLISHED PROGRAM.—Noth- that includes a copy of the proposed regula- thority, upon a request by such authority, a ing in this Act shall prohibit a State that list of all product manufacturers, wholesale tion; has established a program to license a third- ‘‘(2) provide a period of not less than 60 distributors, and dispensers for whom the party logistics provider from collecting fees third-party logistics provider provides serv- days for comments on the proposed regula- from a third-party logistics provider for such tion; and ices at such facility; and a license. ‘‘(H) include procedures under which any ‘‘(3) provide that the final regulation take ‘‘(B) NO STATE ESTABLISHED PROGRAM.—A effect on the date that is 2 years after the third-party logistics provider license— State that does not establish a program to ‘‘(i) expires on the date that is 3 years after date such final regulation is published.’’. license a third-party logistics provider in ac- issuance of the license; and (b) AUTHORIZED DISTRIBUTORS OF RECORD.— cordance with this section shall be prohib- Section 503(d) (21 U.S.C. 353(d)) is amended ‘‘(ii) may be renewed for additional 3-year ited from collecting a State licensing fee by adding at the end the following: periods. from a third-party logistics provider. ‘‘(3) PROCEDURE.—In promulgating the reg- ‘‘(4) In this subsection, the term ‘author- ‘‘(d) REGULATIONS.— ulations under this subsection, the Secretary ized distributors of record’ means those dis- ‘‘(1) IN GENERAL.—Not later than 2 years tributors with whom a manufacturer has es- after the date of enactment of the Drug Sup- shall, notwithstanding section 553 of title 5, tablished an ongoing relationship to dis- ply Chain Security Act, the Secretary shall United States Code— tribute such manufacturer’s products.’’. issue regulations regarding the standards for ‘‘(A) issue a notice of proposed rulemaking FFECTIVE DATE.—The amendments (c) E licensing under subsection (a), including the that includes a copy of the proposed regula- made by subsections (a) and (b) shall take ef- revocation and reissuance of such license, to tion; fect on January 1, 2015. third-party logistics providers under this ‘‘(B) provide a period of not less than 60 SEC. 205. NATIONAL STANDARDS FOR THIRD- section. days for comments on the proposed regula- PARTY LOGISTICS PROVIDERS; UNI- ‘‘(2) CONTENT.—Such regulations shall— tion; and FORM NATIONAL POLICY. ‘‘(C) provide that the final regulation takes Subchapter H of chapter V, as amended by ‘‘(A) establish a process by which a third- party accreditation program approved by the effect upon the expiration of 1 year after the section 204, is further amended by adding at date that such final regulation is issued. the end the following: Secretary shall, upon request by a third- party logistics provider, issue a license to ‘‘(e) VALIDITY.—A license issued under this ‘‘SEC. 584. NATIONAL STANDARDS FOR THIRD- each third-party logistics provider that section shall remain valid as long as such PARTY LOGISTICS PROVIDERS. third-party logistics provider remains li- ‘‘(a) REQUIREMENTS.—No third-party logis- meets the requirements set forth in this sec- tion; censed consistent with this section. If the tics provider in any State may conduct ac- Secretary finds that the third-party accredi- ‘‘(B) establish a process by which the Sec- tivities in any State unless each facility of tation program demonstrates that all appli- retary shall issue a license to each third- such third-party logistics provider— cable requirements for licensure under this party logistics provider that meets the re- ‘‘(1)(A) is licensed by the State from which section are met, the Secretary shall issue a quirements set forth in this section if the the drug is distributed by the third-party lo- license under this section to a third-party lo- gistics provider, in accordance with the regu- Secretary is not able to approve a third- gistics provider receiving accreditation, pur- lations promulgated under subsection (d); or party accreditation program because no such suant to subsection (d)(2)(A). program meets the Secretary’s requirements ‘‘(B) if the State from which the drug dis- ‘‘SEC. 585. UNIFORM NATIONAL POLICY. necessary for approval of such a third-party tributed by the third-party logistics provider ‘‘(a) PRODUCT TRACING AND OTHER REQUIRE- accreditation program; has not established a licensure requirement, MENTS.—Beginning on the date of enactment is licensed by the Secretary, in accordance ‘‘(C) require that the entity complies with of the Drug Supply Chain Security Act, no with the regulations promulgated under sub- storage practices, as determined by the Sec- State or political subdivision of a State may section (d); and retary for such facility, including— establish or continue in effect any require- ‘‘(2) if the drug is distributed interstate, is ‘‘(i) maintaining access to warehouse space ments for tracing products through the dis- licensed by the State into which the drug is of suitable size to facilitate safe operations, tribution system (including any require- distributed by the third-party logistics pro- including a suitable area to quarantine sus- ments with respect to statements of dis- vider if such State licenses third-party logis- pect product; tribution history, transaction history, trans- tics providers that distribute drugs into the ‘‘(ii) maintaining adequate security; and action information, or transaction state- State and the third-party logistics provider ‘‘(iii) having written policies and proce- ment of a product as such product changes is not licensed by the Secretary as described dures to— ownership in the supply chain, or in paragraph (1)(B). ‘‘(I) address receipt, security, storage, in- verification, investigation, disposition, noti- ‘‘(b) REPORTING.—Beginning 1 year after ventory, shipment, and distribution of a fication, or recordkeeping relating to such the date of enactment of the Drug Supply product; systems, including paper or electronic pedi- Chain Security Act, a facility of a third- ‘‘(II) identify, record, and report confirmed gree systems or for tracking and tracing party logistics provider shall report to the losses or thefts in the United States; drugs throughout the distribution system) Secretary, on an annual basis pursuant to a ‘‘(III) correct errors and inaccuracies in in- which are inconsistent with, more stringent schedule determined by the Secretary— ventories; than, or in addition to, any requirements ap- ‘‘(1) the State by which the facility is li- ‘‘(IV) provide support for manufacturer re- plicable under section 503(e) (as amended by censed and the appropriate identification calls; such Act) or this subchapter (or regulations number of such license; and ‘‘(V) prepare for, protect against, and ad- issued thereunder), or which are inconsistent ‘‘(2) the name and address of the facility dress any reasonably foreseeable crisis that with— and all trade names under which such facil- affects security or operation at the facility, ‘‘(1) any waiver, exception, or exemption ity conducts business. such as a strike, fire, or flood; pursuant to section 581 or 582; or

VerDate Mar 15 2010 03:57 Sep 29, 2013 Jkt 029060 PO 00000 Frm 00035 Fmt 0636 Sfmt 0634 E:\CR\FM\A28SE7.007 H28SEPT1 smartinez on DSK6TPTVN1PROD with HOUSE H5960 CONGRESSIONAL RECORD — HOUSE September 28, 2013 ‘‘(2) any restrictions specified in section title (including the amendments made by various legislative proposals, we better 582. this title) shall be construed as altering any understand what is needed to help pre- ‘‘(b) WHOLESALE DISTRIBUTOR AND THIRD- authority of the Secretary of Health and vent a future NECC, and we have built PARTY LOGISTICS PROVIDER STANDARDS.— Human Services with respect to a drug sub- that into this legislation. ‘‘(1) IN GENERAL.—Beginning on the date of ject to section 503(b)(1) of the Federal Food, Mr. Speaker, this bill upholds the enactment of the Drug Supply Chain Secu- Drug, and Cosmetic Act (21 U.S.C. 353(b)(1)) rity Act, no State or political subdivision of under any other provision of such Act or the current section 503(a) of the law, and a State may establish or continue any stand- Public Health Service Act (42 U.S.C. 201 et provides it with the clarity that FDA ards, requirements, or regulations with re- seq.). needs by eliminating the unconstitu- spect to wholesale prescription drug dis- The SPEAKER pro tempore. Pursu- tional provisions. The bill also requires tributor or third-party logistics provider li- ant to the rule, the gentleman from FDA to engage in meaningful commu- censure that are inconsistent with, less nication with State boards of phar- stringent than, directly related to, or cov- Michigan (Mr. UPTON) and the gen- tleman from California (Mr. WAXMAN) macy. Further, under this bill, entities ered by the standards and requirements ap- engaged in sterile drug compounding plicable under section 503(e) (as amended by each will control 20 minutes. such Act), in the case of a wholesale dis- The Chair recognizes the gentleman can voluntarily register with FDA and tributor, or section 584, in the case of a from Michigan. operate under FDA regulation. Finally and importantly, this bill protects tra- third-party logistics provider. GENERAL LEAVE ‘‘(2) STATE REGULATION OF THIRD-PARTY LO- Mr. UPTON. Mr. Speaker, I ask unan- ditional pharmacy compounding that GISTICS PROVIDERS.—No State shall regulate imous consent that all Members may occurs in community pharmacies third-party logistics providers as wholesale have 5 legislative days in which to re- across the country. That’s why the bill distributors. has the support of the National Com- vise and extend their remarks and in- ‘‘(3) ADMINISTRATION FEES.—Notwith- munity Pharmacists Association, and I sert extraneous material into the standing paragraph (1), a State may admin- would like to thank them for working ister fee collections for effectuating the RECORD on the bill. with us so closely. wholesale drug distributor and third-party The SPEAKER pro tempore. Is there I also want to thank Chairman PITTS, logistics provider licensure requirements objection to the request of the gen- Chairman MURPHY, Vice Chair BLACK- under sections 503(e) (as amended by the tleman from Michigan? BURN, Mr. LATTA, and particularly Mr. Drug Supply Chain Security Act), 583, and There was no objection. 584. Mr. UPTON. Mr. Speaker, I yield my- GRIFFITH for their outstanding leader- ‘‘(4) ENFORCEMENT, SUSPENSION, AND REV- self 3 minutes. ship on these issues. I want to com- OCATION.—Notwithstanding paragraph (1), a I rise today in strong support of H.R. mend Mr. WAXMAN, Mr. PALLONE, Mr. State— DINGELL, Ms. DEGETTE, Mr. GREEN, and ‘‘(A) may take administrative action, in- 3204, the Drug Quality and Security Act. Mr. MATHESON for their work as well. cluding fines, to enforce a requirement pro- The SPEAKER pro tempore. The mulgated by the State in accordance with I am so proud to say that this piece of legislation is a product of true bipar- time of the gentleman has expired. section 503(e) (as amended by the Drug Sup- Mr. UPTON. I yield myself an addi- ply Chain Security Act) or this subchapter; tisan and bicameral work. The Senate tional 1 minute. ‘‘(B) may provide for the suspension or rev- and the House, Republicans and Demo- I also want to thank Chairman HAR- ocation of licenses issued by the State for crats, came together to produce a bill KIN and Senator ALEXANDER for their violations of the laws of such State; that will protect American patients by ‘‘(C) upon conviction of violations of Fed- leadership, and I’ve talked with them a eral, State, or local drug laws or regulations, ensuring that they receive safe drugs. number of times over the last number may provide for fines, imprisonment, or civil This legislation will strengthen the of weeks. penalties; and prescription drug supply chain in order I want to thank our staffs on both ‘‘(D) may regulate activities of licensed en- to protect American families against sides, particularly on our side: Clay tities in a manner that is consistent with counterfeit drugs. The bill also elimi- Alspach, Paul Edattel, John Stone, and product tracing requirements under section nates and prevents increases in drug Carly McWilliams. It is because of 582. prices; it avoids additional drug short- their collaborative and tireless efforts ‘‘(c) EXCEPTION.—Nothing in this section ages; and it eliminates hundreds of mil- shall be construed to preempt State require- that we are near the resolution of last ments related to the distribution of prescrip- lions of dollars worth of duplicative year’s deadly outbreak, and their work tion drugs if such requirements are not re- government red tape on American busi- is to be applauded. lated to product tracing as described in sub- nesses, which is harming job growth. To all of the families who have lost section (a) or wholesale distributor and The supply chain provisions of the loved ones and to those who are still third-party logistics provider licensure as Drug Quality and Security Act are the suffering today—and I talked to some- described in subsection (b) applicable under product of many years of tireless work. one just within the last hour whose rel- section 503(e) (as amended by the Drug Sup- We know from stakeholders like Pfizer ative is still suffering—we are near the ply Chain Security Act) or this subchapter and Perrigo in Michigan that this is (or regulations issued thereunder).’’. resolution of last year’s deadly out- not just a patient safety issue; it’s a break. SEC. 206. PENALTIES. jobs issue. This bill will bring certainty (a) PROHIBITED ACT.—Section 301(t) (21 To those families who have lost loved U.S.C. 331(t)), is amended— to the drug supply chain and ensure ones and to those who are still suf- (1) by striking ‘‘or’’ after ‘‘the require- that patients will continue to receive fering today, with this bill, we say: ments of section 503(d),’’; and the medicine that they need without never again. (2) by inserting ‘‘, failure to comply with interruption. This bill also addresses I urge my colleagues to support the the requirements under section 582, the fail- drug compounding. bill, and I reserve the balance of my ure to comply with the requirements under H.R. 3204 is the result of the Energy time. section 584, as applicable,’’ after ‘‘in viola- and Commerce Committee’s thorough Mr. WAXMAN. Mr. Speaker, I yield tion of section 503(e)’’. investigation of the NECC meningitis myself 3 minutes. (b) MISBRANDING.—Section 502 (21 U.S.C. 352), as amended by section 103, is further outbreak, which began its devastating I rise to support the passage of the amended by adding at the end the following: spread almost a year ago today. To Drug Quality and Security Act. ‘‘(cc) If it is a drug and it fails to bear the date, the CDC has linked 64 deaths and It has been a year now since the trag- product identifier as required by section nearly 750 cases in 20 States to con- ic fungal meningitis outbreak caused 582.’’. taminated drugs from the NECC. My by the New England Compounding Cen- SEC. 207. CONFORMING AMENDMENT. home State of Michigan has been the ter in Massachusetts. At least 64 people (a) IN GENERAL.—Section 303(b)(1)(D) (21 hardest hit by the outbreak, with 19 died, and over 750 people were sickened. U.S.C. 333(b)(1)(D)) is amended by striking lives needlessly lost—three in my dis- More than 14,000 others are still wait- ‘‘503(e)(2)(A)’’ and inserting ‘‘503(e)(1)’’. trict. The sad truth is that, yes, they ing—and must live in fear for years—to (b) EFFECTIVE DATE.—The amendment made by subsection (a) shall take effect on could have been prevented. see whether they, too, will get menin- January 1, 2015. This legislation is an important step gitis. This was the largest outbreak of SEC. 208. SAVINGS CLAUSE. in helping to prevent any such tragedy health care-associated infections in Except as provided in the amendments from ever occurring again. By review- U.S. history and one of the Nation’s made by paragraphs (1), (2), and (3) of section ing countless documents, holding four worst public health disasters in recent 204(a) and by section 206(a), nothing in this committee hearings, and reviewing memory.

VerDate Mar 15 2010 04:27 Sep 29, 2013 Jkt 029060 PO 00000 Frm 00036 Fmt 0636 Sfmt 0634 E:\CR\FM\A28SE7.007 H28SEPT1 smartinez on DSK6TPTVN1PROD with HOUSE September 28, 2013 CONGRESSIONAL RECORD — HOUSE H5961 In recognizing the need to act in the Mr. PITTS. Mr. Speaker, I am very I would urge all of my colleagues to face of this tragedy, Members on both pleased that the House is considering support this commonsense, bipartisan sides of the aisle in both Houses of Con- today H.R. 3204, the Drug Quality and legislation. gress came together in the months fol- Security Act. This legislation would Mr. WAXMAN. Mr. Speaker, I yield 3 lowing the outbreak to try to figure address two important issues affecting minutes to the gentleman from New out how to solve this problem. the quality and security of America’s Jersey (Mr. PALLONE), the ranking One thing was clear: FDA’s authori- drug supply. member on the Health Subcommittee. ties over compounding pharmacies First, the bill would protect tradi- Mr. PALLONE. Thank you, Mr. WAX- were not up to the task. Divergent tional pharmacies and clarify laws re- MAN. court decisions on the underlying stat- lated to human drug compounding in Mr. Speaker, I rise in support of the ute had forced the agency to cobble to- response to last year’s nationwide men- Drug Quality and Security Act. This gether a piecemeal approach to regu- ingitis outbreak—one of the largest bill represents a bipartisan, bicameral lating compounding pharmacies that public health crises in recent memory. effort to clarify current pharma- was different in some parts of the coun- Second, the bill would strengthen the ceutical compounding laws and secure try than in others. That untenable prescription drug supply chain in order our Nation’s pharmaceutical drug sup- legal situation created loopholes that to protect American families against ply chain. It’s the culmination of sev- companies like NECC were able to ex- counterfeit drugs. eral months of hard work and tireless ploit. As we all remember, in the summer negotiations between our committee FDA was also facing a pharmacy and fall of 2012, a Massachusetts com- and the Senate Health Committee. compounding industry that had dra- pany, the New England Compounding As a result of the terrible tragedy in matically changed since 1997, the last Center, the NECC, shipped over 17,000 Massachusetts, the House Energy and time Congress passed legislation on vials of an injectable steroid solution Commerce Committee held hearings this issue. Since that time, hospitals from three contaminated lots to health and engaged with stakeholders and the have grown dependent on so-called care facilities across the country. After FDA in order to understand the exist- ‘‘outsourcers,’’ very large compounding receiving injections of NECC’s con- ing problems and the best options for pharmacies that mix batches of cus- taminated steroid, over 64 people died addressing them. What became clear from complications associated with tomized drugs for hospitals. was a need for patients and providers The legislation we are considering fungal meningitis, and 750 others were to have access to safe compounded today will take a major step toward ad- stricken with meningitis or other per- drugs. This legislation helps ensure sistent fungal infections. dressing these issues. that quality compounded drugs are Title I of H.R. 3204 is based off of First, it will correct the constitu- available to patients who need them. Representative MORGAN GRIFFITH’s tional defect in the underlying law This effort also makes clear that Compounding Clarity Act and is the that has wreaked havoc on FDA’s abil- FDA’s authorities over compounding culmination of a nearly yearlong House ity to regulate compounders. pharmacies needed to be fixed. A court Energy and Commerce Committee in- Second, it will give hospitals and split decision over the statute had vestigation. It clarifies FDA’s author- doctors the ability to access a source of hampered FDA’s ability to effectively ity over the practice of compounding compounded medicines that are made enforce their authority over drugs, and it requires FDA to engage in compounding pharmacies and ensure in a facility that is subject to stringent dialogue with State regulators to pre- the safety and effectiveness of com- FDA quality standards and oversight. vent against another tragedy like pounded medications. The bill before All other compounding pharmacies will NECC’s while protecting the role of us will fix this constitutional flaw by continue to be subject to current law. traditional pharmacies in deleting the provisions that were Third, the bill will remedy one of the compounding. major problems that surfaced in the deemed unconstitutional by the courts. NECC situation—a lack of effective b 1400 The bill will permit compounders communication between State boards Title II, based on Representative BOB who wish to practice outside the scope of pharmacy and the FDA. Specifically, LATTA’s Safeguarding America’s Phar- of traditional pharmacy to register as it will create a system in which State maceuticals Act, addresses the safety outsourcing facilities, but those who boards of pharmacy and FDA can no- of the Nation’s prescription drug sup- choose to remain traditional phar- tify each other when there are con- ply chain, as drugs travel from the macies will continue to be regulated as cerns about violations occurring at a manufacturer to the pharmacy. It cre- they are under current law. This gives particular compounding pharmacy. ates a uniform national standard for doctors and hospitals the ability to These authorities represent a signifi- drug supply chain security to protect purchase compounded drugs for their cant improvement over current law, Americans against counterfeit drugs patients made in a facility that is sub- and they will go a long way toward bet- while eliminating needless levels of bu- ject to stringent FDA quality stand- ter protecting public health. reaucracy. ards and oversight. The SPEAKER pro tempore (Mr. The Drug Quality and Security Act is In addition, the legislation offers pro- HOLDING). The time of the gentleman the result of months of bipartisan, bi- viders and patients better information has expired. cameral negotiation, and I would like about compounded drugs by directing Mr. WAXMAN. I yield myself an ad- to thank Chairman UPTON, Ranking FDA to make a list of FDA-regulated ditional 30 seconds. Member WAXMAN, Chairman Emeritus outsourcing facilities available and re- Mr. Speaker, in addition to these im- DINGELL, Representatives GRIFFITH, quiring detailed labeling on com- portant compounding authorities, this LATTA, PALLONE, DEGETTE, and GENE pounded drugs. It will also improve legislation will establish an electronic, GREEN for their work on this important communications and coordination with interoperable system at the Federal legislation, and also Senators HARKIN FDA and State authorities. level that tracks each package of drugs and ALEXANDER in the Senate. The second title of the bill estab- at the unit level and that involves the Finally, I would like to thank the lishes a uniform, national drug-tracing entire supply chain. This will help pre- staff of the Energy and Commerce framework to track prescription drugs vent Americans from being harmed by Health Subcommittee, especially Clay from the manufacturer to the phar- counterfeit and substandard medicines. Alspach, Paul Edattel, Carly macy, and raises the standards for pre- There is no question in my mind that McWilliams, Heidi Stirrup, and Monica scription drug wholesalers and third- this bill represents a step forward, and Volante. party logistic providers across the U.S. I urge all of my colleagues to support This bill is supported by PhRMA, the This is the result of several years of it. Generic Pharmaceutical Association, work to address the growing problems I reserve the balance of my time. the National Community Pharmacists of pharmaceutical theft, counter- Mr. UPTON. At this time, I yield 3 Association, the Healthcare Supply feiting, and diversion. minutes to the gentleman from Penn- Chain Association, and the Pharma- The bill before us today makes sig- sylvania (Mr. PITTS), the chairman of ceutical Distribution Security Alli- nificant improvements from the bill the Health Subcommittee. ance, among others. that passed the House earlier this year.

VerDate Mar 15 2010 03:57 Sep 29, 2013 Jkt 029060 PO 00000 Frm 00037 Fmt 0636 Sfmt 0634 E:\CR\FM\K28SE7.039 H28SEPT1 smartinez on DSK6TPTVN1PROD with HOUSE H5962 CONGRESSIONAL RECORD — HOUSE September 28, 2013 Most notably, it develops a workable I was successful in including lan- Now just one thought: why is it that pathway to unit-level, interoperable guage in the FDA user fee law to allow on legislation of this kind, this body tracing in a decade. hospital systems to repackage drugs can work together, and we are not ca- I think we should all be proud of the within a hospital system in the in- pable of dealing with massive problems work our staffs have done. I would like stance of a drug shortage. like government shutdowns and deal- to thank again Mr. WAXMAN, Mr. The SPEAKER pro tempore. The ing with continuing resolutions? Per- UPTON, as well as Chairman PITTS, Mr. time of the gentleman has expired. haps maybe a little bit of informed, in- DINGELL, Ms. DEGETTE, Mr. GREEN, Mr. Mr. UPTON. I yield the gentleman an telligent behavior by this House on MATHESON, Mr. LATTA, and Mr. GRIF- additional 30 seconds. other matters would be in order. FITH for their work on this bill. Mr. LATTA. I will continue working ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE Mr. Speaker, the American people de- with hospital systems on the issue of The SPEAKER pro tempore. The serve the peace of mind to know that permitting these systems to prepare Chair will remind all persons in the the medicines they take are safe and batches of compounded drugs in ad- gallery that they are here as guests of effective. The Drug Quality and Secu- vance of a specific physician prescrip- the House and that any manifestation rity Act is a critically important step tion or order. of approval or disapproval of pro- in protecting the public’s health, and I Mr. Speaker, I want to especially ceedings or other audible conversation urge Members to support this bipar- thank Chairman UPTON and Sub- is in violation of the rules of the tisan, bicameral legislation. committee Chairman PITTS for all House. Mr. UPTON. Mr. Speaker, I yield 2 their assistance in advancing this leg- Mr. UPTON. Mr. Speaker, I yield 3 minutes to the gentleman from Ohio islation. I want to thank the Health minutes to the gentleman from Vir- (Mr. LATTA), a member of the com- Subcommittee staff, especially my leg- ginia (Mr. GRIFFITH), who played a very mittee. islative director, Allison Witt, for all large part on the compounding side of Mr. LATTA. I thank the chairman their hard work. this legislation. for yielding. Mr. Speaker, I urge full support of Mr. GRIFFITH of Virginia. Mr. Mr. Speaker, I rise today in support H.R. 3204. Speaker, I thank Subcommittee Chair- of the Drug Quality and Security Act ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE man PITTS for giving me the freedom of 2013. The SPEAKER pro tempore. Mem- to work on this. I appreciate it very Title II of this legislation, Drug Sup- bers are advised not to traffic the well much. ply Chain Security, is based on H.R. while another Member is under rec- It has been a year since last fall’s 1919, the Safeguarding America’s Phar- ognition. fungal meningitis outbreak associated maceuticals Act of 2013, which I intro- Mr. WAXMAN. Mr. Speaker, I yield 2 with the tainted sterile compounded duced along with Congressman MATHE- minutes to the gentleman from Michi- drugs from the New England SON. H.R. 1919 was passed on the floor gan (Mr. DINGELL), the chairman emer- Compounding Center. In my district by a voice vote on June 3 of this year. itus of our committee. and in our area in Virginia, we had sev- Title II of this bill relates to the drug (Mr. DINGELL asked and was given eral deaths, we had 50 confirmed cases, supply chain, and I am pleased that a permission to revise and extend his re- and we had approximately 1,400 pa- bipartisan, bicameral agreement was marks.) tients who were notified that they reached to secure our drug supply Mr. DINGELL. Mr. Speaker, this is a could have been exposed to fungal men- chain and protect patients. Securing good bill. It’s not perfect, but it is a ingitis because they received tainted our Nation’s pharmaceutical supply huge stride forward. steroid injections. chain is extremely important, and pas- It represents a major step in securing In working on this bill, I appreciated sage of this bill is an important step our pharmaceutical supply chain and the bipartisan manner that we used to forward in protecting America’s fami- improving FDA’s authority to oversee address this and to work on this mat- lies. compounding pharmacies. It also is ter, particularly with my colleagues Pharmaceutical distribution occurs done under a bipartisan, bicameral, co- across the aisle, Representatives GENE nationwide, and it is estimated that operative, and enthusiastic effort by GREEN and DIANA DEGETTE, for whom I within the United States there are Members on both sides of the aisle and am very grateful for all of their time more than 4 billion prescriptions filled of the Capitol working together. and effort by both them and their each year. By replacing the current It addresses the problems of the dead- staffs. I should also thank my staff patchwork of multiple State laws with ly fungal meningitis outbreak of sev- member who worked on this most, a uniform national standard, we’re im- eral years ago, which were traced to which was Adam Harbison. proving safety, eliminating duplicative lots of supposedly sterile steroid injec- Having said that, I agree with Mr. regulations, and creating certainty for tions made at the New England DINGELL that it is a good bill and not a all members of the pharmaceutical Compounding Center. There were 264 perfect bill, but I am glad to see that supply chain. When anyone takes a pre- cases of fungal meningitis in my home language from the Griffith-Green- scribed medication, he or she should State and 19 deaths. This will address DeGette effort was adopted and the have full confidence that the medica- that concern in a very excellent way. FDA will be required to engage in tion is as prescribed and that no coun- It also sees to it that FDA and the meaningful communication with all of terfeit or adulterated drug has entered States are able to cooperate together, the States when potential problems are the supply chain. have better funding and more author- identified, as this has always been my To protect patient safety, the bill ity over compounding pharmacies. It priority. creates a uniform national standard for also does something else, which is very In my opinion, this was the biggest securing the drug distribution supply important: it sees to it that now we failure of the FDA in handling the chain, thereby preventing duplicative can track and trace pharmaceuticals NECC case, as they were warned about State and Federal requirements relat- through the channels of trade, a very problems by at least two States prior ing to tracing. No State can impose ad- important need. And it is for the first to this problem coming to the forefront ditional or inconsistent regulations re- time going to see to it that Americans with all of these deaths and with this lated to tracing products on supply are able to address their concerns horrible situation. Two States had sent chain members. The bill increases se- about the safety of pharmaceuticals in out a warning signal. The State of Col- curity of the supply chain by estab- these important areas. orado had said, Wait a minute, we’re lishing tracing requirements for manu- I want to thank Chairman UPTON for not going to let these folks operate facturers, wholesale distributors, phar- his leadership, Ranking Member WAX- here. The State of Ohio had notified macies, and repackagers based on the MAN, Representatives PALLONE, MATHE- the FDA that they had concerns about changes in ownership. The bill also es- SON, DEGETTE, LATTA, PITTS, and GRIF- NECC being a manufacturer, yet there tablishes a collaborative, transparent FITH, and my good friend, Mr. GREEN, was not any swift action taken on process between the FDA and stake- for their hard work on this legislation. NECC or even an attempt to alert holders to study ways to even further I hope that we can quickly send this other States, including the State of secure the drug supply chain through legislation to the President’s desk for Massachusetts, to the problems that public meetings and pilot projects. signature. were happening.

VerDate Mar 15 2010 04:27 Sep 29, 2013 Jkt 029060 PO 00000 Frm 00038 Fmt 0636 Sfmt 0634 E:\CR\FM\K28SE7.041 H28SEPT1 smartinez on DSK6TPTVN1PROD with HOUSE September 28, 2013 CONGRESSIONAL RECORD — HOUSE H5963 I know there’s a lot of concern out Act of 1997 left a loophole large enough could have been done; but, unfortu- there by some in the medical commu- to allow large drug compounders to es- nately, due to the intransigent insist- nity, particularly the doctors and some cape oversight by the FDA. The word- ence of the Senate, we are considering others, but this does not change the ex- ing of the act also led to litigation and these two issues together. isting law on office use, and it does not confusing court decisions about the Sixty American lives were lost a year change the existing law on repack- FDA’s authority over those manufac- ago. Excellent investigative work was aging. turers. done by our Subcommittee on Over- There were legal questions that This bill takes the first, albeit im- sight and Investigations. And it is dis- evolved with this situation sur- portant, step to address these issues. It turbing to me personally that not one rounding the advertising requirements incorporates important pieces of bipar- person at the Food and Drug Adminis- of the original bill. I was a little sur- tisan legislation, as you’ve heard, that tration has been held accountable for prised that the FDA had waited 10 I have introduced with the gentleman their failure to use existing authority years to bring that up, but this bill from Virginia (Mr. GRIFFITH) and the or informing the State of what they fixes that problem and takes away that gentleman from Texas (Mr. GENE knew. cloud of uncertainty as to whether or GREEN). It deletes the provisions from My test for consideration of new cat- not the whole bill was not constitu- existing law that were deemed uncon- egories of regulation is that it must tional because the advertising sections stitutional by the courts. It also en- not impact the traditional practice of were not constitutional. hances cooperation between State medicine, pharmacy, or compounding. This is a good bill. I’m just talking boards of pharmacy and the FDA; and Mr. Speaker, no bill is perfect. about the compounding sections, but it gives doctors and hospitals the abil- There’s always the risk of unintended also the track-and-trace sections are ity to purchase compounded drugs for consequences. I sincerely hope that very good. I think we are drawing a their patients made in a facility that is this language will pass this test; but if clear line defining so that the FDA can subject to stringent FDA quality it does not, I hope that our committee better determine who are the tradi- standards and oversight. Importantly, and this body will stand ready to do tional compounding pharmacies and all other compounding pharmacies the necessary oversight and correct who are really outsourcers or manufac- would continue to be subject to current any unintended consequences. turers. I think that is great that this law. Finally, the Drug Quality and Se- Mr. WAXMAN. Mr. Speaker, I am bill has that in here. curity Act will require within a decade pleased at this time to yield 2 minutes I would be remiss if I didn’t tell a the implementation of a nationwide to the gentleman from Texas, (Mr. story that struck me last week as we system for the tracking and tracing of GREEN). are on that 1-year anniversary. drugs as they move through the supply Mr. GENE GREEN of Texas. Mr. The SPEAKER pro tempore. The chain from manufacturer to pharmacy. Speaker, I rise in strong support of the time of the gentleman has expired. I believe this will go a long way to- Drug Quality and Security Act. This Mr. UPTON. I yield the gentleman an ward preventing dangerous counterfeit important bill is the result of weeks of additional 1 minute. and substandard medicines from enter- bipartisan and bicameral negotiations. Mr. GRIFFITH of Virginia. Last ing our drug supply. We still have work I want to thank my colleagues, Rep- week, I went to have lunch with my to do. We all agree with that. And I am resentatives MORGAN GRIFFITH and sons at their elementary school. As I committed to strengthening the law. DIANA DEGETTE, for joining me in our was going in, the elementary school The SPEAKER pro tempore. The efforts over many months. I also want secretary said to me, ‘‘I know I prob- time of the gentlewoman has expired. to thank Chairman UPTON, Ranking ably shouldn’t say anything, but I want Mr. WAXMAN. I yield the gentlelady Member WAXMAN, Chairman PITTS, to thank you for working on this an additional 30 seconds. Ranking Member PALLONE, Chairman compounding bill.’’ Ms. DEGETTE. I am committed to Emeritus DINGELL, and my good friend Doug Wingate, who died a year ago, strengthening this law so that we Congressman MATHESON for all their was my family’s best friend, and he and never have any other tragedy such as leadership through this process and his wife were supposed to be on a cruise what Mr. GRIFFITH discussed, where we their commitment to getting this final for their 25th anniversary and instead have a Doug Wingate who right now is product to the floor. It was a group ef- we were attending his funeral. His wife missing his 25th anniversary cruise be- fort, which is how this body should last week was on that cruise with her cause he was killed by these tainted function all the time. son, but we can never bring her hus- drugs. This bill is not perfect. We heard band back. This bill will make sure I’m proud to have worked with my those concerns, and we have tried to that we don’t have that problem again, colleagues from both sides of the aisle. address them, but the nature of com- and the other Doug Wingates of the I associate myself with the chairman promise is not getting everything. The world will not have to die in order for emeritus’ remarks that we should be Energy and Commerce Committee in- us to change the law to make a better able to do this on the continuing reso- vestigated last year’s outbreak and protected system for the American peo- lution and on the debt limit. found there were breakdowns in the ple. I also want to thank all of our staff; regulations at the State and, most con- and, in particular, my chief of staff, cerning, at the Federal level. b 1415 Lisa Cohen, who spent the entire Au- Large operators were able to sell Mr. WAXMAN. Mr. Speaker, I yield 2 gust recess working on this. And I products interstate in an unregulated minutes to the gentlelady from the thank the chairman. gray area. In the case of the NECC, State of Colorado (Ms. DEGETTE). Mr. UPTON. Mr. Speaker, I yield 2 their sterile facilities were far from Ms. DEGETTE. Mr. Speaker, almost minutes to the gentleman from Texas, sterile. They operated without fear of exactly 1 year ago, as you’ve heard, Dr. BURGESS, vice chair of both the penalties for far too long, and people there was a tragic meningitis outbreak Health and the O and I Subcommittees. died because of that. in Massachusetts; 64 people lost their Mr. BURGESS. I thank the chairman I’m proud to say that this bill fixes lives, and 750 people were sickened. for yielding. the problems that led to the fungal In the investigation of NECC, the Mr. Speaker, as an original cosponsor meningitis outbreak, and it requires compounding pharmacy, there was and as a negotiator of the House legis- the FDA to succeed where it failed in found black specks floating in the lation, I rise in the strongest support the past. Bad actors concerned more vials. There was found fungal material. of the track-and-trace provisions which with profit than with public health The factory, itself, had greenish yellow would protect the public and give con- ought not to be able to operate with residue on supposedly sterile equip- fidence to doctors in practice that the impunity again. ment and surfaces that tested positive drugs they are dispensing, in fact, I hope that the FDA uses their en- for mold and bacteria. came from the manufacturer. forcement discretion to maintain pa- In a series of hearings in our com- In regard to the language over tient access to important drugs from mittee, we learned that the Food and compounding, there is, in fact, much to nuclear pharmacies, certain repack- Drug Administration Modernization like. There was additional work that aged drugs, and drugs for ‘‘office use.’’

VerDate Mar 15 2010 04:27 Sep 29, 2013 Jkt 029060 PO 00000 Frm 00039 Fmt 0636 Sfmt 0634 E:\CR\FM\K28SE7.043 H28SEPT1 smartinez on DSK6TPTVN1PROD with HOUSE H5964 CONGRESSIONAL RECORD — HOUSE September 28, 2013 While I acknowledge there are prob- So with the passage of this bill, the for taking this traceability where you lems, it is most important that we act FDA will have the authority it needs, can track the meds all the way down to to protect the public health. Our con- will have to also make sure that they the unit level. That is going to provide stituents, when they seek care, will have the fortitude to take action on the ultimate level of security and cer- now have the confidence that a sterile any compounding pharmacy that they tainty for consumers across America compounded product really is sterile. see not up to the high level of stand- and the integrity of the drug supply We must make sure another fungal ards the FDA sets, that all citizens ex- chain. meningitis outbreak is never allowed pect. I want to thank so many people, but to occur again. This bill succeeds in The Drug Quality and Security Act I particularly want to thank Chairman that goal, and I am proud to support it. will end these problems, we hope, and UPTON and Ranking Member WAXMAN Mr. UPTON. Mr. Speaker, at this these inspection holidays and reassure for their work on this. I also would like time I yield 2 minutes to the gen- the American public that these medi- to thank a couple of colleagues who tleman from Pennsylvania, Dr. Mur- cations—wherever they are manufac- worked on this issue before who are no phy, the chairman of the Oversight and tured—and most by compounding phar- longer Members of Congress, Mr. Buyer Investigations Subcommittee. macies do a superb job of maintaining and Mr. Bilbray, who spent a lot of Mr. MURPHY of Pennsylvania. I sterile conditions. But in all cases, the time; in the current Congress, Con- thank the chairman. FDA will have the authority to make gressman LATTA and Mr. DINGELL as Mr. Speaker, we are here today in sure they have the inspections and well. part to deal with the issue of the Mr. UPTON. Mr. Speaker, I have no they have the team that can go in compounding pharmacies which allows further requests for time on our side, there and take solid action when these the FDA to have greater oversight over so I’m ready to close. centers do not adhere to those high interstate sales. Mr. WAXMAN. Mr. Speaker, at this How we got here is a tragedy. In our standards. time I yield 2 minutes to a good friend Mr. WAXMAN. Mr. Speaker, I yield 2 Oversight and Investigation Sub- from the State of Connecticut (Ms. minutes to the gentleman from Utah committee, we found that some 64 peo- DELAURO). (Mr. MATHESON). ple died from this pain medication Ms. DELAURO. Mr. Speaker, I rise in Mr. MATHESON. Mr. Speaker, the manufactured by the New England opposition to the act before us. I sup- bill before us today has two main com- Compounding Center. These patients port the track-and-trace provisions to ponents. We talk about the drug trusted that the steroids injected into prevent fake medication from entering compounding issue and also the issue their spine or their joints to relieve the drug supply, and I commend the of the drug supply chain, how we can chronic pain was perfectly safe because ranking member for his efforts. track medications through the phar- of the confidence our Nation’s health But the voluntary approach to regu- maceutical supply chain to make sure care providers place in the Food and lating large-scale compounding phar- Drug Administration. that the materials are safe and have macies in this bill is not strong enough That drug was contaminated with not been subject to counterfeit medica- to ensure the public’s safety in this fungus and hurt people dramatically. tions entering that supply chain. arena. More than 700 people received these le- I would like to speak primarily about This is a life-and-death issue. Last thal injections. Today, most are living the supply chain component of the bill. year, one single compounding phar- with the unbearable horror of not That component of the bill is a product macy in Massachusetts caused a fungal knowing whether they will survive and of several years of work and collabora- meningitis outbreak that sickened over must spend weeks in the hospital, tion between a number of Members on 700 people and caused over 60 deaths, missing work, holidays, and time with both sides of the aisle, working with, which is why I introduced legislation family, and must take large doses of beyond Members, a lot of stake- to draw a clear line between whether a morphine to ease the pain. Each day is holders—the pharmaceutical supply business is a traditional compounding lived under the deadly threat of an in- chain stakeholders, the Food and Drug pharmacy or a drug manufacturer, like fection that could reach their brains Administration, and others. And this the one in New England, and to ensure the proper mandatory FDA regulation and perhaps kill them. act, in part, is going to provide imme- This outbreak is one of the worst diate steps to help strengthen our drug of compounding drug manufacturers public health disasters in our country’s supply chain from counterfeiters and shipping mass amounts of drugs across history and a terrible tragedy and an other bad actors. It also establishes a State lines. Under this bill, large-scale, high-risk epic failure. clear and defined path toward full elec- Sadly, during our hearings, it was tronic product-level traceability. compounding manufacturers would vol- pointed out that while the FDA was You know, we’ve seen this in recent untarily register with the Food and still having multiple visits to press reports. Counterfeit meds can slip Drug Administration without meaning- ful enough penalties for failing to com- compounding pharmacies, they still into our drug supply, and it’s so tempt- ply. That New England Compounding told us they did not have the author- ing to the counterfeiters. When you Center, responsible for over 60 deaths, ity. Unfortunately, several years had think of last year alone, the prescrip- would not have to register. This vol- dragged on where the FDA heard nu- tion drug market in the United States, untary approach will continue to ex- merous complaints about the problems Americans spent $325 billion on pre- pose patients to potentially unsafe with NECC. They told us it was too scription meds. So this is a lucrative mass-produced compounded drugs that complex to act on it; but, clearly, it market, and it’s very tempting for are not approved or evaluated by the was not complex nor was it a surprise. counterfeiters. And that’s why it’s so FDA for safety, efficacy, and adequate Neither NECC nor its sister company, important we ensure the integrity of directions for use. It is an approach Ameridose, were operating in the shad- the drug supply chain, and this bill is that can do real harm, and it is time ows. They were under the nose of the going to work to do just that. for the FDA to be the regulatory agen- FDA for a decade. The field staff were The other thing that bill does is it cy it was intended to be. aware of it. There were warning signs, provides some much-needed regulatory At the very least, given that lives are alarm bells, flashing red lights, com- certainty for everyone in the supply at stake, the House should consider chain, establishing a national uniform plaints from patients, nurses, phar- this issue as a stand-alone bill, through standard for strengthening the integ- macists, doctors, pain clinics, hos- regular order, with the opportunity for rity of the supply chain. And that’s im- pitals, and drug companies. So the amendments. FDA told us they need more authority. portant, as opposed to having each This bill will grant it to them. State do their own thing. Then the par- b 1430 But I must say, in the context of ticipants in the supply chain are going It should not be on a suspension cal- this, when Dr. Hamburg told us it was to have to do 50 different sets of rules, endar; and as it is on the suspension too complex, I applaud Dr. Woodcock and that doesn’t make sense. calendar, I must oppose this bill. who told us they need to think more And, finally, the bill establishes a Mr. UPTON. Mr. Speaker, we have no like physicians and less like attorneys. collaborative process between the FDA further speakers, and I reserve the bal- That is the right attitude. and the industry to establish protocols ance of my time.

VerDate Mar 15 2010 03:57 Sep 29, 2013 Jkt 029060 PO 00000 Frm 00040 Fmt 0636 Sfmt 0634 E:\CR\FM\K28SE7.058 H28SEPT1 smartinez on DSK6TPTVN1PROD with HOUSE September 28, 2013 CONGRESSIONAL RECORD — HOUSE H5965 Mr. WAXMAN. Mr. Speaker, I yield 1 to work. It got to the bottom of a very It is my understanding that this authority is minute to the gentleman from New tragic situation that impacted some 20 to be used by the FDA to make sure that sys- York (Mr. ENGEL). States, hundreds and hundreds of peo- tems and procedures are set up so that con- Mr. ENGEL. I thank the gentleman ple, and we’ve changed that system sumers have available redress for any poten- for yielding to me, and I rise in support now. Because of their work and their tial problem with compounded prescriptions of this compromise legislation before investigation, we came back and that are shipped across state lines. I am us today. I believe that H.R. 3204 will moved legislation through the proper aware of concerns that the FDA may use this enable our country to further secure channels, regular order, through the authority to try to restrict interstate commerce our pharmaceutical distribution chain Health Subcommittee and through our rather than following the letter of the law, and help keep patients who depend on committee. We worked very closely which seeks to guarantee ‘‘appropriate inves- compounding pharmacies safe. with Republicans and Democrats in the tigation’’ on complaints and other issues that I am proud of the Energy and Com- Senate to craft this bill that would may arise. merce Committee because concerns have stopped this awful thing that hap- Mr. Speaker, I will continue to monitor the that many of us had about the previous pened a year ago. implementation of Section 503(A) in consulta- version of this track-and-trace legisla- Congress does work and can work tion with compounding pharmacies in Texas, tion have been taken care of in this when we work together, and I am proud and call on the FDA to ensure that these pro- bill. They have been addressed in this of this product. I am proud of this leg- visions are not used to restrict interstate sales bill. The previous bill was H.R. 1919, islation. I urge the Senate to take it up of compounded pharmaceuticals within all ap- and we had difficulty with it. So I look in the next day or two so we can, in plicable laws and regulations. forward to supporting this bill. We held fact, get it to the President’s desk, and The SPEAKER pro tempore. The hearings, and we are compromising on I thank every Member who worked so question is on the motion offered by both sides. I wish Congress would take hard. the gentleman from Michigan (Mr. our lead on other issues and com- We saw today certainly the personal UPTON) that the House suspend the promise, but I am happy to support impact on all of our districts and on rules and pass the bill, H.R. 3204. this bill. I urge my colleagues to vote the Members themselves. Many of us, The question was taken; and (two- ‘‘aye.’’ in fact, did know folks directly im- thirds being in the affirmative) the Mr. UPTON. I continue to reserve the pacted not only through death, but rules were suspended and the bill was balance of my time. also those who were impacted because passed. Mr. WAXMAN. Mr. Speaker, I yield of the impact on their own lives as A motion to reconsider was laid on myself the balance of my time. they still try to recuperate and sur- the table. I want to thank Chairman UPTON, vive. I urge all of my colleagues to vote f Chairman PITTS, and Ranking Member ‘‘yes.’’ PALLONE. On the Democratic staff, Tif- I yield back the balance of my time. DEPARTMENT OF STATE OPER- fany Guarascio for Mr. PALLONE; Greg Mr. POLIS. Mr. Speaker, I rise in support of ATIONS AND EMBASSY SECU- Sunstrum for Mr. DINGELL; Rachel H.R. 3204, the Drug Quality Security Act. RITY AUTHORIZATION ACT, FIS- Stauffer and Lisa Cohen for Ms. The merits of this legislation are clear: it CAL YEAR 2014 DEGETTE; Nate Tipton from Mr. provides additional oversight of the prepara- Mr. ROYCE. Mr. Speaker, I move to GREEN’s office; Joel Bailey for Mr. tion of compound medications. It institutes suspend the rules and pass the bill MATHESON; Karen Nelson, Eric Flamm, new labeling requirements and clarifies exist- (H.R. 2848) to authorize appropriations and Rachel Sher—all of these people ing ones. And it helps us track products from for the Department of State for fiscal played an essential role in getting this manufacturer to consumer. Coloradans in my year 2014, and for other purposes, as bill through. district will be safer when this bill is signed amended. I want to single out Mr. GRIFFITH into law. The Clerk read the title of the bill. who introduced the bill in the House, But Mr. Speaker, this bill also serves as a The text of the bill is as follows: along with Ms. DEGETTE and Mr. reminder that despite the differences between H.R. 2848 GREEN, that served as a foundation for Republicans and Democrats on so many the compounding debate. Mr. MATHE- issues, we still can come together to do the Be it enacted by the Senate and House of Rep- resentatives of the United States of America in SON and Mr. LATTA introduced the work of the American people. Congress assembled, House track-and-trace bill. Last year, we saw the tragic results of un- Everybody didn’t get what they regulated and unsafe compounding. This year, SECTION 1. SHORT TITLE. wanted. This bill is a compromise. This This Act may be cited as the ‘‘Department we’re seeing Congress respond by passing a of State Operations and Embassy Security institution has to reach compromises bill supported by patient advocates, the public Authorization Act, Fiscal Year 2014’’. to get things done. We cannot have health community, and stakeholders at all SEC. 2. TABLE OF CONTENTS. every issue litigated and relitigated. parts of the pharmaceutical supply chain. The table of contents for this Act is as fol- Once the law is settled, we must go on. No, this legislation isn’t perfect. But it rep- lows: And I am chagrinned that we are likely resents a significant step forward in protecting Sec. 1. Short title. to close the government because, on public health and safety, and it shows that we Sec. 2. Table of contents. the other side of the aisle, the leader- can join together to get things done. Sec. 3. Appropriate congressional commit- ship in this House wants to keep the That’s how this chamber should work, Mr. tees defined. fight going on the Affordable Care Act. Speaker, and I’m hopeful that the my col- TITLE I—AUTHORIZATION OF It is the law. It has been affirmed by leagues on both sides will continue to legislate APPROPRIATIONS the courts. It is about to be put in by seeking common ground, rather than focus- Sec. 101. Administration of foreign affairs. place. We should work together to ing on the issues that divide us. Sec. 102. Contributions to international or- solve our country’s problems, not make Mr. SESSIONS. Mr. Speaker, I rise con- ganizations. them worse by failing to compromise cerning certain provisions of H.R. 3204, legis- Sec. 103. Contributions for international and work with each other. lation addressing human drug compounding peacekeeping activities. I yield back the balance of my time. and drug supply chain security. Sec. 104. International commissions. Sec. 105. National Endowment for Democ- Mr. UPTON. Mr. Speaker, I yield my- This legislation confirms that Section racy. self the balance of my time. 503(A), originally passed in 1997, allows the Sec. 106. Prohibition on use of funds relating Mr. Speaker, this legislation that we U.S. Food and Drug Administration (FDA) to to Federal Acquisition Regula- hopefully will pass in the next few min- enter into memorandums of understanding tion. utes is very important. It clearly, I with the states to address ‘‘the distribution of Sec. 107. Prohibition on use of funds relating think, would have saved the lives of inordinate amounts of compounded products to security and training facil- those folks that were taken, and it re- interstate,’’ and to make sure that there are ity. flects the hard work of our committee procedures that provide ‘‘for appropriate inves- TITLE II—DEPARTMENT OF STATE on a bipartisan basis. tigation by a State agency of complaints relat- AUTHORITIES AND ACTIVITIES From the very start, the Oversight ing to compounded drug products distributed Subtitle A—Basic Authorities and Activities and Investigation Subcommittee went outside such State.’’ Sec. 201. Foreign Service Act of 1980.

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Sec. 202. Center for strategic counterter- foreign affairs of the United States, and for (11) INTERNATIONAL CHANCERY CENTER.—For rorism communications of the other purposes authorized by law: ‘‘International Chancery Center (ICC)’’, Department of State. (1) DIPLOMATIC AND CONSULAR PROGRAMS.— $5,450,000 for fiscal year 2014. Sec. 203. Anti-piracy information sharing. For ‘‘Diplomatic and Consular Programs’’, (12) EMBASSY SECURITY, CONSTRUCTION AND Subtitle B—Consular Services and Related $8,481,854,000 for fiscal year 2014. MAINTENANCE.—For ‘‘Embassy Security, Con- Matters (A) BUREAU OF DEMOCRACY, HUMAN RIGHTS, struction and Maintenance’’, $2,649,351,000 for AND LABOR.—Of such amounts, not less than fiscal year 2014. Sec. 211. Extension of authority to assess $26,839,000 for fiscal year 2014 is authorized to SEC. 102. CONTRIBUTIONS TO INTERNATIONAL passport surcharge. be appropriated for the Bureau of Democ- Sec. 212. Authority to restrict passports. ORGANIZATIONS. racy, Human Rights and Labor. There are authorized to be appropriated for Subtitle C—Reporting Requirements (B) WORLDWIDE SECURITY PROTECTION.—Of ‘‘Contributions to International Organiza- Sec. 221. Reporting reform. such amounts, not less than $2,182,135,000 for tions’’, $1,400,000,000 for fiscal year 2014, for TITLE III—ORGANIZATION AND fiscal year 2014 is authorized to be appro- the Department of State to carry out the au- PERSONNEL AUTHORITIES priated for worldwide security protection. thorities, functions, duties, and responsibil- (2) CAPITAL INVESTMENT FUND.—For ‘‘Cap- Sec. 301. Suspension of foreign service mem- ities in the conduct of the foreign affairs of ital Investment Fund’’, $76,900,000 for fiscal the United States with respect to inter- bers without pay. year 2014. Sec. 302. Repeal of recertification require- national organizations and to carry out (3) EDUCATIONAL AND CULTURAL EXCHANGE ment for senior foreign service. other authorities in law consistent with such PROGRAMS.—For ‘‘Educational and Cultural purposes. The Secretary shall notify the ap- Sec. 303. Limited appointments in the for- Exchange Programs’’, $535,000,000 for fiscal eign service. propriate congressional committees not less year 2014, of which funding for educational than fifteen days prior to obligating funds Sec. 304. Limitation of compensatory time and cultural programs that occur in coun- off for travel. authorized under this section to implement tries or regions that are at risk of, in, or are or establish any principle commission or or- Sec. 305. Department of State organization. in transition from, conflict or civil strife Sec. 306. Overseas comparability pay limita- ganization required by a treaty that has not should be prioritized. been ratified by the Senate. tion. (4) CONFLICT STABILIZATION OPERATIONS.— SEC. 103. CONTRIBUTIONS FOR INTERNATIONAL TITLE IV—EMBASSY SECURITY AND N GENERAL (A) I .—For ‘‘Conflict Stabiliza- PEACEKEEPING ACTIVITIES. PERSONNEL PROTECTION tion Operations’’, $45,207,000 for fiscal year There are authorized to be appropriated for 2014. Subtitle A—Review and Planning ‘‘Contributions for International Peace- (B) TRANSFER.—Subject to subparagraph Requirements keeping Activities’’, $1,942,000,000 for fiscal (C) of this paragraph, of the amount author- Sec. 411. Designation of high risk, high year 2014 for the Department of State to ized to be appropriated pursuant to para- threat posts and working carry out the authorities, functions, duties, graph (1), up to $35,000,000 is authorized to be groups. and responsibilities of the United States transferred to, and merged with, the amount with respect to international peacekeeping Sec. 412. Contingency plans for high risk, specified in subparagraph (A) of this para- activities and to carry out other authorities high threat posts. graph. Sec. 413. Strategic review of Bureau of Dip- in law consistent with such purposes, except (C) NOTIFICATION.—If the Secretary of lomatic Security. State exercises the transfer authority de- that such amounts may not be used to sup- Sec. 414. Revision of provisions relating to scribed in subparagraph (B), the Secretary port any United Nations Unmanned Aerial personnel recommendations of shall notify the Committee on Foreign Af- Systems (drone) activities or missions oper- Accountability Review Board. fairs and the Committee on Appropriations ating in United States airspace, including Subtitle B—Physical Security and Personnel of the House of Representatives and the United States territories and possessions. Requirements Committee on Foreign Relations and the Notwithstanding any other provision of law, funds authorized to be appropriated under Sec. 421. Capital security cost sharing pro- Committee on Appropriations of the Senate. this section are authorized to remain avail- gram. (5) REPRESENTATION ALLOWANCES.—For able until September 30, 2015. Sec. 422. Local guard contracts abroad under ‘‘Representation Allowances’’, $6,933,000 for diplomatic security program. fiscal year 2014. SEC. 104. INTERNATIONAL COMMISSIONS. Sec. 423. Transfer authority. (6) PROTECTION OF FOREIGN MISSIONS AND The following amounts are authorized to Sec. 424. Security enhancements for soft tar- OFFICIALS.—For ‘‘Protection of Foreign Mis- be appropriated under ‘‘International Com- gets. sions and Officials’’, $27,750,000 for fiscal year missions’’ for the Department of State to Sec. 425. Reemployment of annuitants. 2014. carry out the authorities, functions, duties, Sec. 426. Sense of Congress regarding min- (7) EMERGENCIES IN THE DIPLOMATIC AND and responsibilities in the conduct of the for- imum security standards for CONSULAR SERVICE.—For ‘‘Emergencies in the eign affairs of the United States and for temporary United States diplo- Diplomatic and Consular Service’’, $9,073,000 other purposes authorized by law: matic and consular posts. for fiscal year 2014. (1) INTERNATIONAL BOUNDARY AND WATER Sec. 427. Assignment of personnel at high (8) REPATRIATION LOANS.—For ‘‘Repatri- COMMISSION, UNITED STATES AND MEXICO.—For risk, high threat posts. ation Loans’’, $1,374,000 for fiscal year 2014. ‘‘International Boundary and Water Commis- Sec. 428. Bureau of Diplomatic Security mo- (9) PAYMENT TO THE AMERICAN INSTITUTE IN sion, United States and Mexico’’— bile biometric enrollment pro- TAIWAN.— (A) for ‘‘Salaries and Expenses’’, $44,722,000 gram. (A) IN GENERAL.—For ‘‘Payment to the for fiscal year 2014; and American Institute in Taiwan’’, $21,778,000 (B) for ‘‘Construction’’, $31,400,000 for fiscal Subtitle C—Security Training for fiscal year 2014. year 2014. Sec. 431. Security training for personnel as- (B) TRANSFER.—Subject to subparagraph (2) INTERNATIONAL BOUNDARY COMMISSION, signed to high risk, high threat (C) of this paragraph, of the amount author- UNITED STATES AND CANADA.—For ‘‘Inter- posts. ized to be appropriated pursuant to para- national Boundary Commission, United Sec. 432. Report to Congress. graph (1), up to $15,300,000 is authorized to be States and Canada’’, $2,449,000 for fiscal year Subtitle D—Expansion of the Marine Corps transferred to, and merged with, the amount 2014. Security Guard Detachment Program specified in subparagraph (A) of this para- (3) INTERNATIONAL JOINT COMMISSION.—For Sec. 441. Marine Corps Security Guard Pro- graph. ‘‘International Joint Commission’’, $7,012,000 gram. (C) NOTIFICATION.—If the Secretary of for fiscal year 2014. State exercises the transfer authority de- (4) INTERNATIONAL FISHERIES COMMIS- SEC. 3. APPROPRIATE CONGRESSIONAL COMMIT- scribed in subparagraph (B), the Secretary SIONS TEES DEFINED. .—For ‘‘International Fisheries Com- shall notify the Committee on Foreign Af- missions’’, $31,445,000 for fiscal year 2014. Except as otherwise provided in this Act, fairs and the Committee on Appropriations (5) BORDER ENVIRONMENT COOPERATION COM- the term ‘‘appropriate congressional com- of the House of Representatives and the MISSION.—For ‘‘Border Environment Co- mittees’’ means the Committee on Foreign Committee on Foreign Relations and the operation Commission’’, $2,386,000 for fiscal Affairs of the House of Representatives and Committee on Appropriations of the Senate. year 2014. the Committee on Foreign Relations of the (10) OFFICE OF THE INSPECTOR GENERAL.— Senate. SEC. 105. NATIONAL ENDOWMENT FOR DEMOC- For ‘‘Office of the Inspector General’’, RACY. TITLE I—AUTHORIZATION OF $119,056,000 for fiscal year 2014, including for There are authorized to be appropriated for APPROPRIATIONS the Special Inspector General for Iraq Recon- the ‘‘National Endowment for Democracy’’ SEC. 101. ADMINISTRATION OF FOREIGN AF- struction and the Special Inspector General for authorized activities $117,764,000 for fiscal FAIRS. for Afghanistan Reconstruction, notwith- year 2014. The following amounts are authorized to standing section 209(a)(1) of the Foreign SEC. 106. PROHIBITION ON USE OF FUNDS RE- be appropriated for the Department of State Service Act of 1980 (22 U.S.C. 3929(a)(1)) as LATING TO FEDERAL ACQUISITION under ‘‘Administration of Foreign Affairs’’ such section relates to the inspection of the REGULATION. to carry out the authorities, functions, du- administration of activities and operations No funds under this Act are authorized to ties, and responsibilities in the conduct of of each Foreign Service post. be appropriated to enter into a contract with

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any offeror or any of its principals if the of- (2) collaborate with the Bureau of Counter- (B) ADDITIONAL REPRESENTATION.—Rep- feror certifies, pursuant to the Federal Ac- terrorism of the Department of State, other resentatives from United States Government quisition Regulation, that the offeror or any Department bureaus, and other United agencies not specified in subparagraph (A) of its principals— States Government agencies. may be invited to participate in the Steering (1) within a three-year period preceding (e) DUTIES.—The CSCC may— Committee at the discretion of the Chair. this offer has been convicted of or had a civil (1) monitor and evaluate extremist nar- SEC. 203. ANTI-PIRACY INFORMATION SHARING. judgment rendered against it for commission ratives and events abroad that are relevant The Secretary of State is authorized to of fraud or a criminal offense in connection to the development of a United States stra- provide for the participation by the United with obtaining, attempting to obtain, or per- tegic counterterrorism narrative designed to States in the Information Sharing Centre lo- forming a public (Federal, State, or local) counter violent extremism and terrorism cated in Singapore, as established by the Re- contract or subcontract; violation of Federal that threaten the interests and national se- gional Cooperation Agreement on Combating or State antitrust statutes relating to the curity of the United States; Piracy and Armed Robbery against Ships in (2) develop and promulgate for use submission of offers; or commission of em- Asia (ReCAAP). bezzlement, theft, forgery, bribery, falsifica- throughout the executive branch the United Subtitle B—Consular Services and Related tion or destruction of records, making false States strategic counterterrorism narrative Matters statements, tax evasion, violating Federal developed in accordance with paragraph (1), criminal tax laws, or receiving stolen prop- and public communications strategies to SEC. 211. EXTENSION OF AUTHORITY TO ASSESS erty; or counter the messaging of violent extremists PASSPORT SURCHARGE. (2) are presently indicted for, or otherwise and terrorist organizations, especially al- Paragraph (2) of section 1(b) of the Act of criminally or civilly charged by a govern- Qa’ida and its affiliates and adherents; June 4, 1920 (41 Stat. 750; chapter 223; 22 mental entity with, commission of any of (3) identify current and emerging trends in U.S.C. 214(b)), is amended by striking ‘‘2010’’ the offenses enumerated in paragraph (1); or extremist communications and communica- and inserting ‘‘2016’’. (3) within a three-year period preceding tions by al-Qa’ida and its affiliates and ad- SEC. 212. AUTHORITY TO RESTRICT PASSPORTS. this offer, has been notified of any delin- herents in order to coordinate and provide (a) IN GENERAL.—The Secretary of State is quent Federal taxes in an amount that ex- guidance to the United States Government authorized to— ceeds $3,000 for which the liability remains regarding how best to proactively promote (1) limit to one year or such period of time unsatisfied. the United States strategic counterterrorism as the Secretary of State shall determine ap- narrative developed in accordance with para- SEC. 107. PROHIBITION ON USE OF FUNDS RE- propriate the period of validity of a passport LATING TO SECURITY AND TRAIN- graph (1) and related policies, and to respond issued to a sex offender; and ING FACILITY. to and rebut extremist messaging and nar- (2) revoke the passport or passport card of No funds under this Act are authorized to ratives when communicating to audiences an individual who has been convicted by a be appropriated for any new Department of outside the United States; court of competent jurisdiction in a foreign State security and training facility, includ- (4) facilitate the use of a wide range of country of a sex offense. ing the proposed Foreign Affairs Security communications technologies by sharing ex- (b) LIMITATION FOR RETURN TO UNITED Training Center, for which there is not a pertise and best practices among United STATES.—Notwithstanding subsection (a), in completed, independent feasibility study States Government and non-Government no case shall a United States citizen con- that has been provided to the appropriate sources; victed by a court of competent jurisdiction congressional committees, verifying that (5) identify and request relevant informa- in a foreign country of a sex offense be pre- safety and security training for all Depart- tion from United States Government agen- cluded from entering the United States due ment personnel who require such training cies, including intelligence reporting, data, to a passport revocation under such sub- cannot reasonably be provided at the exist- and analysis; section. (6) identify shortfalls in United States ca- ing Federal Law Enforcement Training Fa- (c) REAPPLICATION.—An individual whose cility. pabilities in any areas relevant to the passport or passport card was revoked pursu- TITLE II—DEPARTMENT OF STATE CSCC’s mission, and recommend necessary ant to subsection (a)(2) may reapply for a enhancements or changes; and AUTHORITIES AND ACTIVITIES passport or passport card at any time after (7) establish measurable goals, perform- Subtitle A—Basic Authorities and Activities such individual has returned to the United ance metrics, and monitoring and evaluation States. SEC. 201. FOREIGN SERVICE ACT OF 1980. plans to focus on learning, accountability, Section 501 of the Foreign Service Act of (d) DEFINITIONS.—For purposes of this sec- and policymaking. tion: 1980 (22 U.S.C. 3981) is amended by inserting (f) STEERING COMMITTEE.— (1) SEX OFFENDER.—The term ‘‘sex of- ‘‘If a position designated under this section (1) IN GENERAL.—The Secretary of State fender’’ means an individual who is listed on is unfilled for more than one single assign- may establish a Steering Committee com- the National Sex Offender Registry estab- ment cycle, such position shall be filled, as posed of senior representatives of United lished pursuant to section 119 of the Sex Of- appropriate, on a temporary basis, in accord- States Government agencies relevant to the fender Registration and Notification Act (42 ance with section 303 or 309.’’ after ‘‘Posi- CSCC’s mission to provide advice to the Sec- U.S.C. 16915). tions designated under this section are ex- retary on the operations and strategic ori- (2) SEX OFFENSE.—The term ‘‘sex offense’’ cepted from the competitive service.’’. entation of the CSCC and to ensure adequate means a sex offense as defined in section SEC. 202. CENTER FOR STRATEGIC COUNTERTER- support for the CSCC. 111(5) of the Sex Offender Registration and RORISM COMMUNICATIONS OF THE (2) MEETINGS.—The Steering Committee Notification Act (42 U.S.C. 16915). DEPARTMENT OF STATE. should meet not less often than once every (a) STATEMENT OF POLICY.—As articulated six months. Subtitle C—Reporting Requirements in Executive Order 13584, issued on Sep- (3) LEADERSHIP.—The Steering Committee SEC. 221. REPORTING REFORM. tember 9, 2011, it is the policy of the United should be chaired by the Under Secretary of (a) IN GENERAL.—The following provisions States to actively counter the actions and State for Public Diplomacy. The Coordinator of law are repealed: ideologies of al-Qa’ida, its affiliates and ad- for Counterterrorism of the Department of herents, other terrorist organizations, and (1) Subsections (c)(4) and (c)(5) of section State should serve as Vice Chair. The Coordi- violent extremists overseas that threaten 601 of Public Law 96–465. nator of the CSCC should serve as Executive the interests and national security of the (2) Section 585 of Public Law 104–208. United States. Secretary. (3) Subsections (b) and (c) of section 11 of (b) ESTABLISHMENT OF CENTER FOR STRA- (4) COMPOSITION.— Public Law 107–245. TEGIC COUNTERTERRORISM COMMUNICATIONS.— (A) IN GENERAL.—The Steering Committee (4) Section 181 of Public Law 102–138. There is authorized to be established within may include one senior representative des- (5) Section 1012(c) of Public Law 103–337. the Department of State, under the direction ignated by the head of each of the following (6) Section 527(f) of Public Law 103–236. of the Secretary of State, the Center for agencies: (7) Section 304(f) of Public Law 107–173. Strategic Counterterrorism Communications (i) The Department of Defense. (8) Subsections (a) and (b) of section 4 of (in this section referred to as the ‘‘CSCC’’). (ii) The Department of Justice. Public Law 79–264. (c) MISSION.—The CSCC may coordinate, (iii) The Department of Homeland Secu- (9) Sections 3203 and 3204(f) of Public Law orient, and inform Government-wide public rity. 106–246. communications activities directed at audi- (iv) The Department of the Treasury. (b) CONFORMING AMENDMENT.—Section 11 of ences abroad and targeted against violent ex- (v) The National Counterterrorism Center Public Law 107–245 is amended by striking tremists and terrorist organizations, espe- of the Office of the Director of National In- ‘‘(a) IN GENERAL.—’’. cially al-Qa’ida and its affiliates and adher- telligence. (c) REPORT ON UNITED STATES CONTRIBU- ents. (vi) The Joint Chiefs of Staff. TIONS TO THE UNITED NATIONS.— (d) COORDINATOR OF THE CENTER FOR STRA- (vii) The Counterterrorism Center of the (1) IN GENERAL.—Not later than 90 days TEGIC COUNTERTERRORISM COMMUNICATIONS.— Central Intelligence Agency. after the date of the enactment of this Act The head of the CSCC should be the Coordi- (viii) The Broadcasting Board of Gov- and annually thereafter, the Director of the nator. The Coordinator of the CSCC should— ernors. Office of Management and Budget shall sub- (1) report to the Under Secretary for Pub- (ix) The Agency for International Develop- mit to Congress a report on all assessed and lic Diplomacy and Public Affairs; and ment. voluntary contributions, including in-kind,

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OVERSEAS COMPARABILITY PAY LIMI- (A) The total amount of all assessed and (b) CONFORMING AND CLERICAL AMEND- TATION. voluntary contributions, including in-kind, MENTS.— (a) IN GENERAL.—Subject to the limitation of the United States Government to the (1) AMENDMENT OF SECTION HEADING.—Sec- described in subsection (b), the authority United Nations and its affiliated agencies tion 610 of the Foreign Service Act of 1980, as provided by section 1113 of the Supplemental and related bodies during the previous fiscal amended by subsection (a) of this section, is Appropriations Act, 2009 (Public Law 111–32; year. further amended, in the section heading, by 123 Stat. 1904), shall remain in effect through (B) The approximate percentage of United inserting ‘‘; SUSPENSION’’ before the period at September 30, 2014. States Government contributions to each the end. (b) LIMITATION.—The authority described United Nations affiliated agency or related (2) CLERICAL AMENDMENT.—The item relat- in subsection (a) may not be used to pay an body in such fiscal year when compared with ing to section 610 in the table of contents in eligible member of the Foreign Service (as all contributions to each such agency or section 2 of the Foreign Service Act of 1980 is defined in section 1113(b) of the Supple- body from any source in such fiscal year. amended to read as follows: mental Appropriations Act, 2009) a locality- (C) For each such United States Govern- ‘‘Sec. 610. Separation for cause; suspen- based comparability payment (stated as a ment contribution— sion.’’. percentage) that exceeds two-thirds of the (i) the amount of the contribution; SEC. 302. REPEAL OF RECERTIFICATION RE- amount of the locality-based comparability (ii) a description of the contribution (in- QUIREMENT FOR SENIOR FOREIGN payment (stated as a percentage) that would cluding whether assessed or voluntary); SERVICE. be payable to such member under section (iii) the department or agency of the Subsection (d) of section 305 of the Foreign 5304 of title 5, United States Code, if such United States Government responsible for Service Act of 1980 (22 U.S.C. 3945) is re- member’s official duty station were in the the contribution; pealed. District of Columbia. (iv) the purpose of the contribution; and SEC. 303. LIMITED APPOINTMENTS IN THE FOR- TITLE IV—EMBASSY SECURITY AND (v) the United Nations or its affiliated EIGN SERVICE. PERSONNEL PROTECTION agency or related body receiving the con- Section 309 of the Foreign Service Act of Subtitle A—Review and Planning tribution. 1980 (22 U.S.C. 3949) is amended— Requirements (3) SCOPE OF INITIAL REPORT.—The first re- (1) in subsection (a), by striking ‘‘sub- port required under this subsection shall in- SEC. 411. DESIGNATION OF HIGH RISK, HIGH section (b)’’ and inserting ‘‘subsection (b) or THREAT POSTS AND WORKING clude the information required under this (c)’’; GROUPS. section for the previous three fiscal years. (2) in subsection (b)— (a) IN GENERAL.—Title I of the Omnibus (4) PUBLIC AVAILABILITY OF INFORMATION.— (A) in paragraph (3)— Diplomatic Security and Antiterrorism Act Not later than 14 days after submitting a re- (i) by inserting ‘‘(A),’’ after ‘‘if’’; and of 1986 (22 U.S.C. 4801 et seq.; relating to dip- port under this subsection, the Director of (ii) by inserting before the semicolon at lomatic security) is amended by inserting the Office of Management and Budget shall the end the following: ‘‘, or (B), the career after section 103 the following new sections: post a public version of such report on a candidate is serving in the uniformed serv- ‘‘SEC. 104. DESIGNATION OF HIGH RISK, HIGH text-based, searchable, and publicly avail- ices, as defined by the Uniformed Services THREAT POSTS. able Internet Web site. Employment and Reemployment Rights Act ‘‘(a) INITIAL DESIGNATION.—Not later than TITLE III—ORGANIZATION AND of 1994 (38 U.S.C. 4301 et seq.), and the limited 30 days after the date of the enactment of PERSONNEL AUTHORITIES appointment expires in the course of such this section, the Secretary shall submit to SEC. 301. SUSPENSION OF FOREIGN SERVICE service’’; the appropriate congressional committees a MEMBERS WITHOUT PAY. (B) in paragraph (4), by striking ‘‘and’’ at report, in classified form, that contains an (a) SUSPENSION.—Section 610 of the Foreign the end; initial list of diplomatic and consular posts Service Act of 1980 (22 U.S.C. 4010) is amend- (C) in paragraph (5), by striking the period designated as high risk, high threat posts. ed by adding at the end the following new at the end and inserting ‘‘; and’’; and ‘‘(b) DESIGNATIONS BEFORE OPENING OR RE- subsection: (D) by adding after paragraph (5) the fol- OPENING POSTS.—Before opening or reopening ‘‘(c)(1) In order to promote the efficiency of lowing new paragraph: a diplomatic or consular post, the Secretary the Service, the Secretary may suspend a ‘‘(6) in exceptional circumstances where shall determine if such post should be des- member of the Foreign Service without pay the Secretary determines the needs of the ignated as a high risk, high threat post. when the member’s security clearance is sus- Service require the extension of a limited ap- ‘‘(c) DESIGNATING EXISTING POSTS.—The pended or when there is reasonable cause to pointment, (A), for a period of time not to Secretary shall regularly review existing believe that the member has committed a exceed 12 months (if such period of time does diplomatic and consular posts to determine crime for which a sentence of imprisonment not permit additional review by boards under if any such post should be designated as a may be imposed. section 306), or (B), for the minimum time high risk, high threat post if conditions at ‘‘(2) Any member of the Foreign Service for needed to settle a grievance, claim, or com- such post or the surrounding security envi- whom a suspension is proposed in accordance plaint not otherwise provided for in this sec- ronment require such a designation. with paragraph (1) shall be entitled to— tion.’’; and ‘‘(d) DEFINITIONS.—In this section and sec- ‘‘(A) written notice stating the specific (3) by adding at the end the following new tion 105: reasons for the proposed suspension; subsection: ‘‘(1) APPROPRIATE CONGRESSIONAL COMMIT- ‘‘(B) a period of not less than 30 days after ‘‘(c) Non-career Foreign Service employees TEES.—The term ‘appropriate congressional receipt of any notice under subparagraph (A) who have served five consecutive years under committees’ means the Committee on For- to respond orally and in writing to the pro- a limited appointment may be reappointed eign Affairs of the House of Representatives posed suspension, which period may be ex- to a subsequent limited appointment if there and the Committee on Foreign Relations of tended upon a showing of good cause; is a one year break in service between each the Senate. ‘‘(C) representation by an attorney or such appointment. The Secretary may in ‘‘(2) HIGH RISK, HIGH THREAT POST.—The other representative; and cases of special need waive the requirement term ‘high risk, high threat post’ means a ‘‘(D) a final written decision, including the for a one year break in service.’’. United States diplomatic or consular post, as specific reasons for such decision, as soon as SEC. 304. LIMITATION OF COMPENSATORY TIME determined by the Secretary, that, among practicable. OFF FOR TRAVEL. other factors, is— ‘‘(3) Any member suspended under this sec- Section 5550b of title 5, United States Code, ‘‘(A) located in a country— tion may file a grievance in accordance with is amended by adding at the end the fol- ‘‘(i) with high to critical levels of political the procedures applicable to grievances lowing new subsection: violence and terrorism; and under chapter 11. ‘‘(c) The maximum amount of compen- ‘‘(ii) the government of which lacks the ‘‘(4) In the case of a grievance filed under satory time off earned under this section ability or willingness to provide adequate se- paragraph (3)— may not exceed 104 hours during any leave curity; and ‘‘(A) the review by the Foreign Service year (as defined by regulations established ‘‘(B) with mission physical security plat- Grievance Board shall be limited to a deter- by the Office of Personnel Management).’’. forms that fall below the Department of mination of whether the provisions of para- SEC. 305. DEPARTMENT OF STATE ORGANIZA- State’s established standards. graphs (1) and (2) have been fulfilled; and TION. ‘‘SEC. 105. WORKING GROUPS FOR HIGH RISK, ‘‘(B) the Foreign Service Grievance Board The Secretary of State may, after con- HIGH THREAT POSTS. may not exercise the authority provided sultation with the appropriate congressional ‘‘(a) ESTABLISHMENT.—Before opening or under section 1106(8). committees, transfer to such other officials reopening a high risk, high threat post, the ‘‘(5) In this subsection: or offices of the Department of State as the Secretary shall establish a working group

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that is responsible for the geographic area in (b) CONTENTS OF REVIEW.—The strategic re- ment or agency has not provided to the De- which such post is to be opened or reopened. view described in subsection (a) shall include partment of State the full amount of funding ‘‘(b) DUTIES.—The duties of the working assessments of— required by paragraph (1), except that such group established in accordance with sub- (1) staffing needs for both domestic and project may include office space or other ac- section (a) shall include— international operations; commodations for members of the United ‘‘(1) evaluating the importance and appro- (2) facilities under chief of mission author- States Marine Corps.’’. priateness of the objectives of the proposed ity adhering to security standards; SEC. 422. LOCAL GUARD CONTRACTS ABROAD post to the national security of the United (3) security personnel with the necessary UNDER DIPLOMATIC SECURITY PRO- States, and the type and level of security language skills for assignment to overseas GRAM. threats such post could encounter; posts; (a) IN GENERAL.—Section 136 of the Foreign ‘‘(2) completing working plans to expedite (4) programs being carried out by personnel Relations Authorization Act, Fiscal Years the approval and funding for establishing with the necessary experience and at com- 1990 and 1991 (22 U.S.C. 4864) is amended— and operating such post, implementing phys- mensurate grade levels; (1) in subsection (c)— ical security measures, providing necessary (5) necessary security training provided to (A) in the matter preceding paragraph (1), security and management personnel, and the personnel under chief of mission authority by striking ‘‘With respect’’ and inserting provision of necessary equipment; for expected assignments and objectives; ‘‘Except as provided in subsection (d), with ‘‘(3) establishing security ‘tripwires’ that (6) balancing security needs with an ability respect’’; and would determine specific action, including to carry out the diplomatic mission of the (B) in paragraph (3), by striking ‘‘sub- enhanced security measures or evacuation of Department of State; section (d)’’ and inserting ‘‘subsection (e)’’; such post, based on the improvement or dete- (7) the budgetary implications of balancing (2) by redesignating subsections (d), (e), (f), rioration of the local security environment; multiple missions; and and (g) as subsections (e), (f), (g), and (h), re- and (8) how to resolve any identified defi- spectively; and ‘‘(4) identifying and reporting any costs ciencies in the mission or activities of the (3) by inserting after subsection (c) the fol- that may be associated with opening or re- Bureau. lowing new subsection: ‘‘(d) AWARD OF LOCAL GUARD AND PROTEC- opening such post. SEC. 414. REVISION OF PROVISIONS RELATING TIVE SERVICE CONTRACTS FOR HIGH RISK, HIGH ‘‘(c) COMPOSITION.—The working group TO PERSONNEL RECOMMENDA- should be composed of representatives of TIONS OF ACCOUNTABILITY REVIEW THREAT POSTS.—With respect to any local the— BOARD. guard contract for a high risk, high threat ‘‘(1) appropriate regional bureau; (a) IN GENERAL.—Section 304(c) of the Dip- post (as such term is defined in section 104 of ‘‘(2) Bureau of Diplomatic Security; lomatic Security Act (22 U.S.C. 4834(c)) is the Omnibus Diplomatic Security and ‘‘(3) Bureau of Overseas Building Oper- amended— Antiterrorism Act of 1986) that is entered ations; (1) in the matter preceding paragraph (1)— into after the date of the enactment of this ‘‘(4) Bureau of Intelligence and Research; (A) by striking ‘‘Whenever’’ and inserting subsection, the Secretary of State— and ‘‘If’’; and ‘‘(1) shall comply with paragraphs (1), (2), ‘‘(5) other bureaus or offices as determined (B) by striking ‘‘has breached the duty of (4), (5), and (6) of subsection (c) in the award by the Secretary. that individual’’ and inserting ‘‘has engaged of such contract; ‘‘(2) after evaluating proposals for such ‘‘(d) CONGRESSIONAL NOTIFICATION.—Not in misconduct or unsatisfactorily performed less than 30 days before opening or reopening the duties of employment of that individual, contract, may award such contract to the a high risk, high threat post, the Secretary and such misconduct or unsatisfactory per- firm representing the best value to the Gov- shall notify the appropriate congressional formance has significantly contributed to ernment in accordance with the best value committees in classified form of— the serious injury, loss of life, or significant tradeoff process described in subpart 15.1 of ‘‘(1) the decision to open or reopen such destruction of property, or the serious the Federal Acquisition Regulation (48 post; and breach of security that is the subject of the C.F.R. 6 15.101–1); and ‘‘(2) the results of the working group under Board’s examination as described in sub- ‘‘(3) shall ensure that contractor personnel subsection (b).’’. section (a)’’; under such contract providing local guard or protective services are classified— (b) CONFORMING AMENDMENT.—The table of (2) in paragraph (2), by striking ‘‘finding’’ contents of the Omnibus Diplomatic Secu- each place it appears and inserting ‘‘find- ‘‘(A) as employees of the contractor; rity and Antiterrorism Act of 1986 is amend- ings’’; and ‘‘(B) if the contractor is a joint venture, as ed by inserting after the item relating to (3) in the matter following paragraph (3)— employees of one of the persons or parties section 103 the following new items: (A) by striking ‘‘has breached a duty of constituting the joint venture; or that individual’’ and inserting ‘‘has engaged ‘‘(C) as employees of a subcontractor to the ‘‘Sec. 104. Designation of high risk, high contractor, and not as independent contrac- threat posts. in misconduct or unsatisfactorily performed the duties of employment of that indi- tors to the contractor or any other entity ‘‘Sec. 105. Working groups for high risk, performing under such contracts.’’. high threat posts.’’. vidual’’; and (B) by striking ‘‘to the performance of the (b) REPORT.—Not later than one year after SEC. 412. CONTINGENCY PLANS FOR HIGH RISK, duties of that individual’’. the date of the enactment of this Act, the HIGH THREAT POSTS. Secretary of State shall submit to the appro- (b) EFFECTIVE DATE.—The amendments Section 606(a) of the Secure Embassy Con- priate congressional committees a report struction and Counterterrorism Act of 1999 made by subsection (a) shall apply with re- spect to any case of an Accountability Re- that includes— (22 U.S.C. 4865(a); relating to diplomatic se- (1) an explanation of the implementation curity) is amended— view Board that is convened under section 301 of the Diplomatic Security Act (22 U.S.C. of subsection (d) of section 136 of the Foreign (1) in paragraph (1)(A)— Relations Authorization Act, Fiscal Years (A) by inserting ‘‘and from complex at- 4831) on or after the date of the enactment of this Act. 1990 and 1991, as amended by subsection (a)(3) tacks (as such term is defined in section 416 of this section; and of the Omnibus Diplomatic Security and Subtitle B—Physical Security and Personnel (2) for each instance in which an award is Antiterrorism Act of 1986),’’ after ‘‘attacks Requirements made pursuant to such subsection (d) of such from vehicles’’; and SEC. 421. CAPITAL SECURITY COST SHARING section 136, a written justification providing (B) by inserting ‘‘or such a complex at- PROGRAM. the basis for such award and an explanation tack’’ before the period at the end; (a) SENSE OF CONGRESS ON THE CAPITAL SE- of the inability to satisfy the needs of the (2) in paragraph (7), by inserting before the CURITY COST SHARING PROGRAM.—It is the Department of State by technically accept- period at the end the following: ‘‘, including sense of Congress that the Capital Security able, lowest price evaluation award. at high risk, high threat posts (as such term Cost Sharing Program should prioritize the SEC. 423. TRANSFER AUTHORITY. is defined in section 104 of the Omnibus Dip- construction of new facilities and the main- Section 4 of the Foreign Service Buildings lomatic Security and Antiterrorism Act of tenance of existing facilities at high risk, Act, 1926 (22 U.S.C. 295) is amended by adding 1986), including options for the deployment high threat posts. at the end the following new subsection: of additional military personnel or equip- (b) RESTRICTION ON CONSTRUCTION OF OF- ‘‘(j)(1) In addition to exercising any other ment to bolster security and rapid deploy- FICE SPACE.—Section 604(e)(2) of the Secure transfer authority available to the Secretary ment of armed or surveillance assets in re- Embassy Construction and Counterterrorism of State, and subject to paragraphs (2) and sponse to an attack’’. Act of 1999 (title VI of division A of H.R. 3427, (3), the Secretary may transfer to, and merge SEC. 413. STRATEGIC REVIEW OF BUREAU OF as enacted into law by section 1000(a)(7) of with, any appropriation for embassy secu- DIPLOMATIC SECURITY. Public Law 106–113; 113 Stat. 1501A–453; 22 rity, construction, and maintenance such (a) IN GENERAL.—The Secretary of State U.S.C. 4865 note) is amended by adding at the amounts appropriated for fiscal year 2014 for shall complete a strategic review of the Bu- end the following new sentence: ‘‘A project any other purpose related to the administra- reau of Diplomatic Security of the Depart- to construct a diplomatic facility of the tion of foreign affairs on or after October 1, ment of State to ensure that the mission and United States may not include office space 2013, if the Secretary determines such trans- activities of the Bureau are fulfilling the or other accommodations for an employee of fer is necessary to provide for the security of current and projected needs of the Depart- a Federal department or agency if the Sec- sites and buildings in foreign countries under ment of State. retary of State determines that such depart- the jurisdiction and control of the Secretary.

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BUREAU OF DIPLOMATIC SECURITY MO- ‘‘(1) development of skills to better evalu- paragraph (1)— BILE BIOMETRIC ENROLLMENT PRO- ate threats; ‘‘(A) shall not exceed 20 percent of any ap- GRAM. ‘‘(2) effective use of security resources to propriation made available for fiscal year Not later than 90 days after the date of the mitigate such threats; and 2014 for the Department of State under the enactment of this Act, the Secretary of ‘‘(3) improved familiarity of available secu- heading ‘Administration of Foreign Affairs’, State shall brief the appropriate congres- rity resources. sional committees regarding the mobile bio- and no such appropriation shall be increased ‘‘(c) OFFICIALS DESCRIBED.—Officials re- metric enrollment program of the Bureau of by more than 10 percent by any such trans- ferred to in subsection (a) are— Diplomatic Security that includes the fol- fer; and ‘‘(1) members of the Senior Foreign Service lowing: ‘‘(B) shall be merged with funds in the appointed under section 302(a)(1) or 303 of the (1) An overview of the mobile biometric en- heading to which transferred, and shall be Foreign Service Act of 1980 (22 U.S.C. rollment program and the Department of available subject to the same terms and con- 3942(a)(1) and 3943) or members of the Senior State’s use of biometric technologies to se- ditions as the funds with which merged. Executive Service (as such term is described cure access to United States diplomatic and ‘‘(3) Not later than 15 days before any in section 3132(a)(2) of title 5, United States consular posts. transfer of funds pursuant to paragraph (1), Code); (2) An assessment of the effectiveness and the Secretary of State shall notify in writing ‘‘(2) Foreign Service officers appointed uses of such biometric technologies. the Committees on Foreign Relations and under section 302(a)(1) of the Foreign Service (3) An assessment of the costs, benefits, Appropriations of the Senate and the Com- Act of 1980 (22 U.S.C. 3942(a)(1)) holding a po- and implementation time that would be in- mittees on Foreign Affairs and Appropria- sition in classes FS–1, FS–2, or FS–3; volved in extending the mobile biometric en- tions of the House of Representatives. Any ‘‘(3) Foreign Service Specialists appointed rollment program initially to all high risk, such notification shall include a description by the Secretary under section 303 of the high threat posts (as such term is defined in of the particular security need necessitating Foreign Service Act of 1980 (22 U.S.C. 3943) section 104 of the Omnibus Diplomatic Secu- the transfer at issue.’’. holding a position in classes FS–1, FS–2, or rity and Antiterrorism Act of 1986, as added SEC. 424. SECURITY ENHANCEMENTS FOR SOFT FS–3; and by section 411 of this Act), and then to all re- TARGETS. ‘‘(4) individuals holding a position in maining diplomatic and consular posts. Section 29 of the State Department Basic grades GS–13, GS–14, or GS–15. Authorities Act of 1956 (22 U.S.C. 2701) is Subtitle C—Security Training ‘‘(d) EFFECTIVE DATE.—The requirements amended, in the third sentence, by inserting SEC. 431. SECURITY TRAINING FOR PERSONNEL of this section shall take effect beginning on ‘‘physical security enhancements and’’ after ASSIGNED TO HIGH RISK, HIGH the date that is one year after the date of the ‘‘may include’’. THREAT POSTS. enactment of this section. (a) IN GENERAL.—Title IV of the Omnibus SEC. 425. REEMPLOYMENT OF ANNUITANTS. ‘‘SEC. 418. LANGUAGE REQUIREMENTS FOR DIP- Section 824(g) of the Foreign Service Act of Diplomatic Security and Antiterrorism Act LOMATIC SECURITY PERSONNEL AS- 1980 (22 U.S.C. 4064(g)) is amended— of 1986 (22 U.S.C. 4851 et seq.; relating to dip- SIGNED TO HIGH RISK, HIGH (1) in paragraph (1)— lomatic security) is amended by adding at THREAT POST. (A) in subparagraph (B)— the end the following new sections: ‘‘(a) IN GENERAL.—Diplomatic security per- (i) by striking ‘‘to facilitate the’’ and all ‘‘SEC. 416. SECURITY TRAINING FOR PERSONNEL sonnel assigned permanently to or who are that follows through ‘‘Afghanistan,’’; and ASSIGNED TO A HIGH RISK, HIGH in long-term temporary duty status as des- (ii) by inserting before the semicolon at THREAT POST. ignated by the Secretary at a high risk, high ‘‘(a) IN GENERAL.—Individuals assigned the end the following: ‘‘and, when after an threat post should receive language training permanently to or who are in long-term tem- exhaustive, open, and competitive search, no described in subsection (b) in order to pre- porary duty status as designated by the Sec- qualified, full-time, current employees (in- pare such personnel for duty requirements at retary at a high risk, high threat post shall such post. cluding members of the Civil Service) of the receive security training described in sub- ‘‘(b) LANGUAGE TRAINING DESCRIBED.—Lan- Department of State have been identified’’; section (b) on a mandatory basis in order to guage training referred to in subsection (a) and prepare such individuals for living and work- should prepare personnel described in such (B) by moving subparagraph (C) two ems to ing at such posts. subsection to— the left; and ‘‘(b) SECURITY TRAINING DESCRIBED.—Secu- (2) in paragraph (2)— rity training referred to in subsection (a)— ‘‘(1) speak the language at issue with suffi- (A) in subparagraph (A), by striking ‘‘2010’’ ‘‘(1) is training to improve basic knowledge cient structural accuracy and vocabulary to and inserting ‘‘2018’’; and and skills; and participate effectively in most formal and (B) in subparagraphs (B) and (C), by strik- ‘‘(2) may include— informal conversations on subjects germane ing ‘‘2009’’ and inserting ‘‘2018’’ each place it ‘‘(A) an ability to recognize, avoid, and re- to security; and appears. spond to potential terrorist situations, in- ‘‘(2) read within an adequate range of speed SEC. 426. SENSE OF CONGRESS REGARDING MIN- cluding a complex attack; and with almost complete comprehension on IMUM SECURITY STANDARDS FOR ‘‘(B) conducting surveillance detection; subjects germane to security.’’. TEMPORARY UNITED STATES DIPLO- ‘‘(C) providing emergency medical care; (b) CONFORMING AMENDMENT.—The table of MATIC AND CONSULAR POSTS. ‘‘(D) ability to detect the presence of im- contents of the Omnibus Diplomatic Secu- It is the sense of Congress that— provised explosive devices; rity and Antiterrorism Act of 1986 is amend- (1) the Overseas Security Policy Board’s ‘‘(E) minimal firearms familiarization; and ed by inserting after the item relating to security standards for United States diplo- ‘‘(F) defensive driving maneuvers. section 415 the following new items: matic and consular posts should apply to all ‘‘(c) EFFECTIVE DATE.—The requirements of ‘‘Sec. 416. Security training for personnel such posts regardless of the duration of their this section shall take effect upon the date assigned to a high risk, high occupancy; and of the enactment of this section. threat post. (2) such posts should comply with require- ‘‘(d) DEFINITIONS.—In this section and sec- ‘‘Sec. 417. Security management training for ments for attaining a waiver or exception to tions 417 and 418: officials assigned to a high risk, applicable standards if it is in the national ‘‘(1) COMPLEX ATTACK.—The term ‘complex high threat post. interest of the United States as determined attack’ has the meaning given such term by ‘‘Sec. 418. Language requirements for diplo- by the Secretary of State. the North Atlantic Treaty Organization as matic security personnel as- SEC. 427. ASSIGNMENT OF PERSONNEL AT HIGH follows: ‘An attack conducted by multiple signed to high risk, high threat RISK, HIGH THREAT POSTS. hostile elements which employ at least two post.’’. (a) IN GENERAL.—The Secretary of State distinct classes of weapon systems (i.e., indi- SEC. 432. REPORT TO CONGRESS. shall station key personnel for sustained pe- rect fire and direct fire, improvised explosive Not later than 18 months after the date of riods of time at high risk, high threat posts devices, and surface to air fire).’. the enactment of this Act, the Secretary of (as such term is defined in section 104 of the ‘‘(2) HIGH RISK, HIGH THREAT POST.—The State shall submit to the appropriate con- Omnibus Diplomatic Security and term ‘high risk, high threat post’ has the gressional committees a report on the imple- Antiterrorism Act of 1986, as added by sec- meaning given such term in section 104. mentation of this subtitle. tion 411 of this Act) in order to— ‘‘SEC. 417. SECURITY MANAGEMENT TRAINING Subtitle D—Expansion of the Marine Corps (1) establish institutional knowledge and FOR OFFICIALS ASSIGNED TO A situational awareness that would allow for a HIGH RISK, HIGH THREAT POST. Security Guard Detachment Program fuller familiarization of the local political ‘‘(a) IN GENERAL.—Officials described in SEC. 441. MARINE CORPS SECURITY GUARD PRO- and security environment in which such subsection (c) who are assigned to a high GRAM. posts are located; and risk, high threat post shall receive security (a) IN GENERAL.—Pursuant to the responsi- (2) ensure that necessary security proce- training described in subsection (b) on a bility of the Secretary of State for diplo- dures are implemented. mandatory basis in order to improve the matic security under section 103 of the Dip- (b) QUARTERLY BRIEFINGS.—The Secretary ability of such officials to make security-re- lomatic Security Act (22 U.S.C. 4802; enacted of State shall quarterly brief the appropriate lated management decisions. as part of the Omnibus Diplomatic Security congressional committees on the personnel ‘‘(b) SECURITY TRAINING DESCRIBED.—Secu- and Antiterrorism Act of 1986 (Public Law staffing and rotation cycles at high risk, rity training referred to in subsection (a) 99–399)), the Secretary of State, in consulta- high threat posts. may include— tion with the Secretary of Defense, shall

VerDate Mar 15 2010 04:06 Sep 29, 2013 Jkt 029060 PO 00000 Frm 00046 Fmt 0636 Sfmt 0634 E:\CR\FM\A28SE7.008 H28SEPT1 smartinez on DSK6TPTVN1PROD with HOUSE September 28, 2013 CONGRESSIONAL RECORD — HOUSE H5971 conduct an annual review of the Marine that was inadequate for Benghazi and gross- still producing a fiscally responsible Corps Security Guard Program, including— ly inadequate to deal with the attack that product. (1) an evaluation of whether the size and took place. Overall, this bill is a 9 percent cut composition of the Marine Corps Security That was the finding; the local guard from the fiscal year 2012 level, and this Guard Program is adequate to meet global force in place to protect Benghazi was diplomatic security requirements; includes a cut of nearly 22 percent, (2) an assessment of whether the Marine inadequate. that’s $2.4 billion, in Department ad- Corps security guards are appropriately de- The closure of 21 U.S. embassies in ministration costs. Further savings to ployed among United States embassies, con- August and the recent closure of our the taxpayer have been achieved by sulates, and other diplomatic facilities to re- embassy in Beirut demonstrate the placing a cap on pay for those per- spond to evolving security developments and continued threat to our facilities and sonnel stationed overseas by closing a potential threats to United States interests personnel overseas. Indeed, this week, bureaucratic loophole that allowed per- abroad; and the Department renewed its global ter- sonnel to draw both a pension and a (3) an assessment of the mission objectives rorism alert for U.S. citizens. This is of the Marine Corps Security Guard Program salary, except in the most extenuating and the procedural rules of engagement to why this bill authorizes full funding for of circumstances, by capping the protect diplomatic personnel under the Pro- embassy security. amount of paid time off for employees gram. One of the principal functions of the and authorizing current employees to (b) REPORTING REQUIREMENT.—Not later Department is to protect our facilities fill staffing vacancies. By doing it that than 180 days after the date of the enactment and personnel that are stationed over- way, we negate the need to hire more of this Act and annually thereafter for three seas. The other body, our colleagues in Foreign Service Officers. years, the Secretary of State, in consulta- the Senate, have also introduced legis- So this bill also reforms some of the tion with the Secretary of Defense, shall sub- lation on embassy security, and we mit to the appropriate congressional com- core management functions of the De- mittees an unclassified report, with a classi- have been in consultation with them partment by prohibiting those con- fied annex as necessary, that addresses the because we intend to have this signed victed of fraud or embezzlement or requirements specified in subsection (a). into law. theft or other offenses from receiving The SPEAKER pro tempore. Pursu- This legislation carries much of the government contracts in the future. ant to the rule, the gentleman from same language, including: The bill also prohibits funding for the California (Mr. ROYCE) and the gen- One, language requirements for diplo- proposed Foreign Affairs Security tleman from New York (Mr. ENGEL) matic security personnel in line with Training Center unless there’s an inde- each will control 20 minutes. the ARB report recommendations. We pendent feasibility study that’s com- The Chair recognizes the gentleman need the security personnel to be able pleted and presented to the appropriate from California. to speak that local dialect. congressional committee. Two, implementation of the expanded GENERAL LEAVE This bill also has strong bipartisan Mr. ROYCE. Mr. Speaker, I ask unan- marine security guard program, includ- support. When I say ‘‘strong,’’ Mr. imous consent that Members may have ing a plan to deploy these additional ENGEL and myself have worked with 5 legislative days in which to revise personnel and station them appro- Members on both sides of the aisle. We and extend their remarks and place priately. We need the marines at the took some 11 amendments. We’ve any extraneous material into the gate. We need to be able to guard the worked out the differences. We got bi- gate. It needs to be reinforced. RECORD on this measure. partisan support in the committee, and The SPEAKER pro tempore. Is there Three, authority to protect soft tar- I urge my colleagues to vote for this objection to the request of the gen- gets overseas. legislation so it can be promptly sent tleman from California? Four, regulations for the reemploy- to the Senate and then on to the Presi- There was no objection. ment of personnel to fill staffing gaps dent for his signature, thereby ensur- Mr. ROYCE. Mr. Speaker, I yield my- at high-risk, high-threat posts. We ing that our embassies and personnel self such time as I may consume. need that personnel to be able to get stationed abroad are protected at a Mr. Speaker, the Department of that retraining to speak the local dia- time of their greatest need. State Operations and Embassy Secu- lect in order to help protect that facil- I reserve the balance of my time. rity Authorization Act is a measure to ity. Mr. ENGEL. Mr. Speaker, I rise in provide our diplomats with the tools Importantly, this bill contains a pro- strong support of H.R. 2848, the Depart- that they need to do the job effec- vision, championed by committee ment of State Operations and Embassy tively, as efficiently as possible, as members Mr. RADEL and Ms. FRANKEL, Security Authorization Act, and I yield safely as possible, and it has been over which will award local security guard myself such time as I may consume. 10 years now since the last Department contracts now on the basis of best I want to say once again, it has been of State authorization bill was passed value rather than lowest cost. For our a pleasure to work with Chairman into law. Now in the interim, our abil- highest threat posts, we need only the ROYCE once again in a bipartisan fash- ity to exercise oversight and push for highest quality security personnel, not ion. I am very proud of what we have reform within the Department has been personnel that’s going to flee in the done on the Foreign Affairs Committee eroded. That is why it is so essential face of a threat. this year in a bipartisan fashion, and that we get this authorization into This bill also requires the Depart- this is just another example of it. Ev- law—because it is not good for Con- ment to develop contingency plans for erybody had input. All sides had cor- gress; it is not good for the Depart- increasing security at high-threat rections. We incorporated many, many ment; it is not good for the taxpayer. posts. These plans must include op- different things together, and I think Authorizing these programs is going to tions for employing additional military we have a very, very good product. increase our oversight ability. It will personnel and equipment to bolster se- This important legislation authorizes improve Members’ ability to legislate curity in response to a threat, as well the resources necessary to protect our new programs. It will save money. It as plans for a rapid deployment of as- dedicated diplomats and provides basic will reform old programs. And when we sets in response to an attack. We need authorities to the State Department to do not authorize, as you know, depart- a rapid response force to be stood up so advance United States interests and ments are less accountable; they can that they can be called into action if values around the world. The funds au- drift. there’s a threat in this part of the thorized in this bill support all of the As Members know, the Department’s world to our consulates and to our em- State Department’s global operations failings on security were laid bare in bassies. for less than 3 percent of the Defense Benghazi, Libya. The Accountability The strong emphasis on embassy se- Department’s total budget. To me, Review Board, looking into Benghazi, curity in this legislation, H.R. 2848, and that’s a very, very wise investment in found: the legislation that’s over in the Sen- U.S. national security. ate is timely and responsive to urgent Systemic failures and leadership and man- b 1445 agement deficiencies at senior levels within needs. Working in a bipartisan manner, two bureaus of the State Department re- this bill was able to authorize full As all of us know, our diplomats and sulted in a special mission security posture funding for embassy security while aid workers face unprecedented threats

VerDate Mar 15 2010 05:01 Sep 29, 2013 Jkt 029060 PO 00000 Frm 00047 Fmt 0636 Sfmt 0634 E:\CR\FM\A28SE7.008 H28SEPT1 smartinez on DSK6TPTVN1PROD with HOUSE H5972 CONGRESSIONAL RECORD — HOUSE September 28, 2013 in the Middle East, South Asia, North tions and, I would add, Mr. Speaker, pedophiles got passports. That’s every Africa, and other volatile regions of the author of important State author- year. That’s almost 50,000 over a 10- the world. The attack on our consulate ization and embassy security laws in year period—the life of a passport. And in Herat, Afghanistan, 2 weeks ago, is a past Congresses. the evidence suggests some may travel stark reminder of these very real dan- Mr. SMITH of New Jersey. Mr. to places with impunity in Bangkok gers. Speaker, I want to thank, first of all, and all over the world and abuse chil- The bill before us today fully funds Chairman ROYCE and Ranking Member dren. Poverty worldwide has made this the President’s request for diplomatic ELIOT ENGEL for drafting this extraor- exploitation even more prevalent— security. This will allow the State De- dinarily timely and important legisla- more kids now are at risk. This provi- partment to construct six new secure tion. This is an essential bill, and it sion will empower the Secretary of embassies, support 151 new diplomatic must be passed and signed into law. State and the President to mitigate security personnel and build facilities Mr. Speaker, on Tuesday of this their travel to abuse children. for 26 additional Marine Security week, my subcommittee staff director, This is an excellent bill. Again, I Guard detachments. Greg Simpkins, and I returned from a commend Chairman ROYCE and ELIOT This legislation also includes a num- 4-day trip to Nigeria, including the city ENGEL for working in such a construc- ber of other provisions to better pro- of Jos, the scene of recent fire bomb- tive, bipartisan way. tect our men and women serving ings of Christian churches by Boko Mr. ENGEL. Mr. Speaker, I yield 3 abroad, including many that were in- Haram, a terrorist organization that minutes to the gentleman from New cluded in an embassy security bill that has killed thousands of Nigerian Chris- York (Mr. MEEKS), a very senior and I introduced earlier this year. Among tians and some Muslims as well. Boko important member of the Foreign Af- other things, H.R. 2848 would enhance Haram—like al-Shabaab, the cowards fairs Committee. the coordination between the State and who slaughtered Kenyans in a shopping Mr. MEEKS. Mr. Speaker, first, let Defense Departments in times of emer- center in Nairobi last week—poses seri- me thank Chairman ROYCE and Rank- gency, require security and language ous and escalating threats to indige- ing Member ENGEL for providing lead- training for State Department employ- nous Africans and American personnel ership and working together to get this ees before they deploy to dangerous lo- overseas. bill done in a bipartisan manner. cations, and improve the process by The Embassy Security Act, like the This is a bill where everybody had which the State Department makes se- Secure Embassy Construction and their input and everybody gave some curity-related decisions. Counterterrorism Act of 1999, a law and everybody said what was involved, In addition, this legislation includes that I authored, is designed to signifi- and we were able to come up with a bill elements of a bipartisan bill introduced cantly enhance protection at our mis- that is a compromise bill that’s in the by Representatives RADEL and sions abroad. Significantly, more than best interest of all of us, especially the FRANKEL that gives the State Depart- a dozen years ago that law came to the men and women who serve us in the ment flexibility to award local guard floor on the heels of al Qaeda bombings State Department abroad. contracts at high-threat posts on the in Nairobi and Dar es Salaam at our There’s generally two groups of indi- basis of best value rather than on who embassies in 1998. viduals that we have a huge responsi- had the lowest bid. In the past, having I chaired the hearings following that bility for. They are our men and to accept the lowest bids sometimes re- tragic loss of life. Admiral Crowe, who women on the battlefield, who are in sulted in poorly trained local security led the Accountability Review Boards the military. We need to make sure forces that endangered the safety of at that time, testified. But it is clear that they have everything that they our diplomats and development ex- that the promised action following need for their protection and their suc- perts. those earlier attacks has not been fully cess in their mission. Likewise, the Finally, this legislation includes an- implemented. There are serious, sig- men and women who serve as our dip- other bipartisan provision, drafted by nificant security gaps that must be lomats, what huge and important jobs Representatives PERRY and MENG, that remedied more than a decade later. they have. We have an absolute respon- provides additional accountability for The Royce bill does that. We seem not sibility to make sure that we give State Department officials when their to have adequately learned the lessons them everything that they need to job performance is unsatisfactory. from the terror attacks against our make sure that they’re secure so their Mr. Speaker, I’d like to point out distinguished ambassador and three ex- missions can be successful. that we haven’t had a State Depart- traordinarily brave individuals in That’s what this bill does. It looks at ment authorization bill signed into law Benghazi. the security issue in a manner to make since 2002. The chairman and I are both The Royce-Engel bill before us today sure that our embassies are safe and se- convinced that this is something that contains a number of significant provi- cure. For example, it establishes work- needs to be changed. That’s another sions, including necessary security up- ing groups to ensure that new or re- reason we’re doing this very, very im- grades for our embassies and con- opening posts are provided the nec- portant bill. sulates abroad. Our embassy in Abuja, essary security measures and funding. In order for Congress to properly Nigeria, was constructed with the up- We had some before that had to be oversee the State Department’s oper- grades recommended by earlier legisla- closed. We want to make sure we look ations and activities, we need to re- tion. Greg and I saw that firsthand this at it and focus so that they get what sume the practice of passing our au- week. But so many older facilities do they need. thorization bill on a regular basis and not meet those high standards, includ- It requires a strategic review of the encourage our Senate colleagues to do ing lifesaving setbacks from roads and Bureau of Diplomatic Security to en- the same. thoroughfares. Chairman ROYCE’s bill sure that its missions and activities Again, I want to commend Chairman will address those gaps in essential se- are meeting current and projected ROYCE for his hard work on this legisla- curity features at our overseas posts. needs. That’s tremendously important. tion, and I look forward to working I’m especially appreciative that the And it authorizes the State to utilize with him to further improve the bill as Foreign Affairs committee accepted best value rather than lowest cost for it moves through the legislative proc- my amendment that originally passed security guard contracts at high-risk ess, again, in a bipartisan manner. as a provision of my International and high-threat posts. I urge my colleagues to support this Megan’s Law 3 years ago—it passed the Furthermore—which I think is abso- legislation, and I reserve the balance of House, never got through the Senate, lutely key—it gives full authorization my time. we all know that drill—which limits to for the National Endowment for De- Mr. ROYCE. Mr. Speaker, I yield 3 1 year or such time as the Secretary of mocracy, of which I once sat as a board minutes to the gentleman from New State shall determine appropriate the member, to support the work of the Jersey (Mr. SMITH), chairman of the period of validity of a passport issued four affiliated core institutes, includ- Foreign Affairs Subcommittee on Afri- to a convicted sex offender. ing the National Democratic Institute ca, Global Health, Global Human In 2008, the General Accountability and the American Center for Inter- Rights, and International Organiza- Office found that some 4,500 convicted national Labor Solidarity, to develop

VerDate Mar 15 2010 05:01 Sep 29, 2013 Jkt 029060 PO 00000 Frm 00048 Fmt 0636 Sfmt 0634 E:\CR\FM\K28SE7.051 H28SEPT1 smartinez on DSK6TPTVN1PROD with HOUSE September 28, 2013 CONGRESSIONAL RECORD — HOUSE H5973 independent media, human rights pro- those responsible for the protection of ing DHS facility in Glynco, Georgia, tections, and other democratic institu- our diplomats and their families could be used at a much lower cost to tions, values, and processes around the around the world. It’s absolutely un- the American taxpayer. world. This is great work. This is work conscionable that we are prohibiting We all understand the responsibility that will help democracy flourish the State Department from moving for- to represent our districts, but it should throughout this place that we call ward on the facility they need to pre- not come at the cost of blocking legis- Earth, making it a more peaceful and vent another Benghazi attack. lation that will answer the need, in better place for us all to get along. I urge my colleagues to vote against terms of security, for our personnel As we’ve seen recently, we’ve come a this bill. A ‘‘no’’ vote might not stop it, overseas. Again, I would point out that long way in the last 4 weeks in moving but it’ll send a message to the Senate this does not prohibit such an expendi- diplomatically and trying to resolve to fix it in conference. ture. It merely requires an independent issues together. If we give our dip- Mr. ENGEL. Mr. Speaker, I reserve feasibility study to assess whether or lomats the kind of protection they the balance of my time. not it is appropriate. need, then I believe that we can make Mr. ROYCE. Mr. Speaker, I yield my- I reserve the balance of my time. sure that this place we call Earth is self such time as I may consume. Mr. ENGEL. Mr. Speaker, at this much safer tomorrow than it is today. I want to assure the gentleman from time I yield 3 minutes to the gentle- I thank, again, the chairman and the Virginia, and all Members here, Mr. lady from New York (Ms. MENG), a very ranking member for the manner in Speaker, that this committee has been valuable member of the Foreign Affairs which they have worked to resolve and highly attentive to the Benghazi at- Committee, whose provision will hold bring this bill to the floor, and urge my tack. Indeed, that’s one of the reasons the State Department more account- colleagues to vote for it. we’re here on this bill. able, and her provision was incor- Mr. ROYCE. Mr. Speaker, I yield 2 To the gentleman from Virginia who porated into this bill. minutes to the gentleman from Vir- spoke earlier, I would just note that if Ms. MENG. Mr. Speaker, I rise today standing up a new Foreign Affairs ginia (Mr. FORBES). in strong support of H.R. 2848, the Fis- Mr. FORBES. Mr. Speaker, first of Training Center in his district, as has cal Year 2014 Department of State Op- all, I want to compliment the chairman been proposed, is a good use of our lim- erations and Embassy Security Act. and the ranking member for their hard ited fiscal resources, then he has noth- This bill authorizes funds for the State work on this bill and for the arguments ing to fear from this bill. Department to advance U.S. interests While there have been proposals to that have been presented in favor of around the world and strengthen our completely prohibit such an expendi- the bill today. But it’s because of those national security. ture, they are not included in this leg- arguments that I have to rise today in The bill fully funds the President’s islation. But what our bill does do is it grave opposition to this bill because of request for diplomatic security, as I requires an independent feasibility a provision in this bill that could seri- have long urged that it should. Impor- study first, to assess whether current ously undercut our Nation’s ability to tantly, it also makes several important facilities are inadequate, before we protect its embassies. changes to how we protect our dip- spend the better part of a billion dol- It’s been over a year since terrorists lomats and embassies abroad and how lars on a completely new facility. attacked our diplomatic mission in we ensure accountability at the State If the gentleman from Virginia is Benghazi, leaving four Americans dead. Department. suggesting he’s opposed to this legisla- In the wake of the attack, the State Mr. Speaker, this past December, an tion, then I would point out that ini- Department’s investigation board ques- accountability review board, or ARB, tial estimates by the Department of tioned the ‘‘grossly inadequate’’ secu- was convened to assess the State De- State are that this new facility could rity at the mission and recommended partment’s policies and response to the cost up to $950 million—and at least that staff at high-threat posts undergo attack in Benghazi. However, under the $450 million. extensive security training at a State current authorizing statute, an ARB Department center. b 1500 can only recommend disciplinary ac- The independent, nonpartisan Gov- I would also call attention to the tion against a State Department em- ernment Accountability Office, how- Members of this body that Congress ployee where there has been a ‘‘breach ever, has called current training facili- has not received a copy of any feasi- of duty,’’ a standard which is both very ties ‘‘inadequate’’ and has said that bility studies related to the proposed high and very hard to understand. As a they pose a ‘‘critical challenge.’’ new Foreign Assistance Training Cen- result, the Benghazi ARB was unable to The State Department has long rec- ter—FAST-C, as it’s called. recommend disciplinary action against ognized this serious deficiency and has There are valid concerns that the even a single State Department em- been looking for a dedicated training FAST-C center is not needed and the ployee. site for over 3 years. In testimony be- same functions could be achieved by On this point, Mr. Speaker, I refer fore Congress this year, Assistant Sec- collaborating with the Department of you to section 414 of the bill before us retary Gregory Starr said: Homeland Security Federal Law En- today. It is entitled the ‘‘Revision of The capacity of the current facility . . . forcement Training Facility. Further, I Provisions Relating to Personnel Rec- cannot meet our training needs . . . doesn’t would point out that the Federal Law ommendation of the ARB.’’ The section even meet our highest threat-level require- Enforcement Training Facility has was drafted and inserted by me and my ment and . . . at some point may not be quoted a price nearly 50 percent lower esteemed colleague from Pennsylvania available to us. than what it would cost to build the (Mr. PERRY). And yet this bill on the floor of the new FAST-C facility. By making it easier for future ARBs House today specifically prohibits the Now, before State moves forward, the to recommend disciplinary actions, Department of State from developing Congress needs more information, and section 414 will ensure greater account- the center it so critically needs for dip- the Department of State needs to dem- ability and responsibility at the State lomatic security. onstrate more due diligence on this en- Department in the years to come and Make no mistake about it: it’s not deavor, especially in light of the recent help prevent future Benghazis. because of cost. It’s not because of effi- facility construction debacles that This effort on the part of myself and ciency. It’s because of a protection for we’ve seen around the world, including Mr. PERRY is representative of the bi- those inadequate facilities because of in Afghanistan. partisan nature of this bill—the first the districts they’re in. I would further point out that in such bill that would pass Congress in This is an urgent need that must be July, the State Department noted ‘‘on- over a decade. accomplished in a fiscally responsible going serious fiscal challenges’’ and the On a variety of issues, including the manner, but is one that this body can- need for ‘‘additional due diligence in crucial maintenance and strengthening not or must not delay with more bu- determining how to move forward with of Iran’s sanctions, the committee has reaucracy. And that is exactly what the FAST-C facility at Fort Pickett.’’ worked effectively and constructively this bill will do. America has an obliga- Lastly, Mr. Speaker, there are seri- as our country needs it to. This is in tion that we have adequately trained ous questions about whether the exist- large part due to the stellar leadership

VerDate Mar 15 2010 04:06 Sep 29, 2013 Jkt 029060 PO 00000 Frm 00049 Fmt 0636 Sfmt 0634 E:\CR\FM\K28SE7.052 H28SEPT1 smartinez on DSK6TPTVN1PROD with HOUSE H5974 CONGRESSIONAL RECORD — HOUSE September 28, 2013 of Chairman ROYCE and Ranking Mem- tantly, they are partners for reconcili- I read that because I think, again, it ber ENGEL, and I thank them so much ation and coming together. It is evi- highlights, as so many of our col- for their mentorship. dent by their great work of where we leagues have said, that this bill is real- It is ironic that our committee are in Syria, along with the President, ly Congress at its best and the com- stands on the verge of a significant bi- and of course, most recently, some of mittee at its best. People had concerns; partisan breakthrough at this time. the outreach that has gone on with we worked together, and we thrashed Perhaps our work can inspire some Iran. them out. We put together a product much-needed reasonableness and com- But my main point for speaking that those people who were most con- promise in these Halls in the hours, today is, having physically visited a cerned with this were able to agree. I days, and weeks to come. number of the diplomatic sites in high- hope that that will be infectious, and Mr. ROYCE. Mr. Speaker, I continue risk and high-threat posts, I am ec- perhaps we can take it out of our com- to reserve the balance of my time. static about this legislation that pro- mittee and move it to the Congress on Mr. ENGEL. Mr. Speaker, I men- vides a matrix, along with working other things that we’re not having so tioned before Ms. FRANKEL had worked groups for security measures and fund- much agreement with these days. But I very hard, and we incorporated some of ing, along with the review of a diplo- again want to thank Chairman ROYCE. her work into this bill as well. So I matic security, with the support of the The State authorization, an embassy yield 2 minutes to the gentlewoman National Endowment for Democracy, security bill, is a very, very important from Florida (Ms. FRANKEL). which, when I went to oversee the Al- part of our oversight of the State De- Ms. FRANKEL of Florida. Mr. Speak- gerian election, they were very much partment. The bill will bolster the er, this is a very good example of what involved, as they are and as they were State Department’s security efforts, happens when colleagues work to- in Egypt, and as they were in many and who really can oppose that. So I urge its passage. I thank the gether. I want to thank Mr. ROYCE and other places where there are difficult chairman again, and I yield back the Mr. ENGEL very much for including in circumstances. And then of course to balance of my time. this legislation language from a bipar- be able to enhance security for the dip- Mr. ROYCE. I thank Mr. ENGEL, and tisan bill sponsored by myself and my lomatic staff and security, to protect the civilian, but also the military. Our I yield myself the balance of my time. colleague, Mr. TREY RADEL, also from Mr. Speaker, I would point out again marines are very able, as those who are Florida. that, in the past, State Department au- This particular provision would au- there at posts; they provide enhanced thorization bills that have passed the thorize the State Department to use security for those particular posts. House—even under suspension—have The SPEAKER pro tempore. The the ‘‘best value’’ contracting award failed due to inaction in the other time of the gentlewoman has expired. method in high-risk, high-threat areas body. Now, because of the strong bi- Mr. ENGEL. I yield the gentlelady 1 around the world, ensuring the safety cameral interest in embassy security, minute. of American men and women serving we have an opportunity to break this our country abroad. Ms. JACKSON LEE. One of the things that I am most excited about—and I bad habit and return to our core re- With this bipartisan effort, the State sponsibility. thank the author of the amendment— Department will be allowed to consider Congressman ENGEL from New York factors beyond only price in making se- and that is the issue of best value for and myself have discussed these issues curity contracts, giving the State De- security. That is a crucial bipartisan not only with our Members, but with partment the flexibility and tools they agreement that makes common sense; Members of the Senate. If enacted, this need to keep those who serve us abroad that on the security of our men and bill of course will only be the fourth safe from harm and ensure taxpayer women who leave these shores to be in- time in the last 17 years that Congress money is being used effectively. struments of peace, diplomatic engage- has passed a State Department author- Mr. Speaker, the attack on our em- ment, and be the face of the American ization. bassy in Benghazi was a tragic re- people in very difficult posts—whether We need to seize this opportunity to minder of the security environment in it’s Iraq, Afghanistan, or whether it move meaningful legislation at a time which many of our diplomats serve. may be Egypt, whether it may be Paki- when Members of this body and in the And it is our responsibility here in stan, and other places beyond—that it Senate understand that this is a Congress to do everything in our power is our duty to ensure that the posts chance to direct this issue of embassy to protect Americans and our embas- that they are in have the highest level security and provide that additional se- sies overseas. of security quality, both from tech- curity. Again, I thank Mr. ROYCE and Mr. nology and also from the physical I very much want to express my ap- ENGEL for their good work. bricks and mortar. preciation for the collaboration I’ve Mr. ROYCE. Mr. Speaker, I continue So I rise today because I wanted to had with Mr. ENGEL, our ranking mem- to reserve the balance of my time. first acknowledge the valiant service of ber, on this piece of legislation. This is Mr. ENGEL. It is my pleasure now to all of those who have served. I also a bipartisan bill, as he shared with you. yield 2 minutes to the gentlewoman want to make note of those who we Together, we have worked to incor- from Texas (Ms. JACKSON LEE), a have lost, who have served in the diplo- porate the ideas of the members of our former member of our committee. matic corps in places far beyond our committee. A large number of those Ms. JACKSON LEE. I want to thank borders, and to thank them and thank committee members have offered the chairman and the ranking member those who serve in the State Depart- amendments that are in this legisla- for the great work on an issue that so ment and who are serving as we speak; tion. So to conclude, I would point out many of us have noted and advocated and the United States Marines, who that H.R. 2848 is a strongly bipartisan for over the years. across the world secure these very val- measure. It is fiscally responsible; it is As a former member of this com- iant public servants. constructive in its reforms; and it is mittee during the time of the Demo- I support the legislation. Mr. ROYCE. Mr. Speaker, I reserve deliberate in its efforts to keep our per- cratic majority, I still continue to have sonnel stationed overseas as safe as we a great sense of the importance of the the balance of my time to close. Mr. ENGEL. Mr. Speaker, I yield my- can keep them. work. Having traveled to a number of self such time as I may consume to I yield back the balance of my time. countries and engaged with our diplo- conclude. The SPEAKER pro tempore. The matic staff and the State Department, I again would like to thank Chair- question is on the motion offered by let me put on the record the crucial man ROYCE for his efforts in putting the gentleman from California (Mr. work that our diplomatic corps—our this bill together. ROYCE) that the House suspend the diplomat staff, the staff at the State I have a copy of the bill in front of rules and pass the bill, H.R. 2848, as Department, the Secretary of State— me. It is H.R. 2848. It says: amended. does and is engaged in for the safety In the House of Representatives, July 30, The question was taken. and security of the American people. 2013, Mr. Royce, for himself and Mr. Engel, The SPEAKER pro tempore. In the Their work is vital. They are partners introduced the following bill; which was re- opinion of the Chair, two-thirds being with the defense; but more impor- ferred to the Committee on Foreign Affairs. in the affirmative, the ayes have it.

VerDate Mar 15 2010 04:06 Sep 29, 2013 Jkt 029060 PO 00000 Frm 00050 Fmt 0636 Sfmt 0634 E:\CR\FM\K28SE7.054 H28SEPT1 smartinez on DSK6TPTVN1PROD with HOUSE September 28, 2013 CONGRESSIONAL RECORD — HOUSE H5975 Mr. FORBES. Mr. Speaker, on that I tion shall be considered as read. The motion tive health care services as well as demand the yeas and nays. shall be debatable for one hour equally di- much-needed jobs for many, many The yeas and nays were ordered. vided and controlled by the chair and rank- hardworking Americans. ObamaCare’s The SPEAKER pro tempore. Pursu- ing minority member of the Committee on onerous medical device tax—what we Appropriations. The previous question shall ant to clause 8 of rule XX, further pro- be considered as ordered on the motion to its also call the pacemaker tax—is already ceedings on this motion will be post- adoption without intervening motion or de- causing job loss in this industry and poned. mand for division of the question except that negatively impacting innovation of f the question of adoption of the motion shall new and other lifesaving devices. be divided between the two House amend- I would like to insert into the RECESS ments. RECORD a letter from a gentleman from SEC. 2. Upon adoption of this resolution it The SPEAKER pro tempore. Pursu- Dallas, Texas, Mr. Walt Humann, CEO shall be in order to consider in the House the of OstoeMed, who came to my office ant to clause 12(a) of rule I, the Chair bill (H.R. 3210) making continuing appropria- declares the House in recess subject to tions for military pay in the event of a Gov- over a year ago in June of 2012. He the call of the Chair. ernment shutdown. All points of order spoke with me about how innovative Accordingly (at 3 o’clock and 15 min- against consideration of the bill are waived. medical devices clearly help not only utes p.m.), the House stood in recess. The bill shall be considered as read. All Americans, but doctors perform very points of order against provisions in the bill difficult and leading-edge surgeries. f are waived. The previous question shall be And I will tell you that Mr. Humann b 1944 considered as ordered on the bill and on any spoke very clearly about how this oner- amendment thereto to final passage without ous tax would literally tax the produc- AFTER RECESS intervening motion except: (1) 40 minutes of debate equally divided and controlled by the tion, not the sale, but the production The recess having expired, the House of medical devices to an industry that was called to order by the Speaker pro chair and ranking minority member of the Committee on Appropriations; and (2) one needs more and more innovation. That tempore (Mr. WOMACK) at 7 o’clock and motion to recommit. clearly explains the damaging effects 44 minutes p.m. The SPEAKER pro tempore. The gen- that this has on American businesses. f tleman from Texas is recognized for 1 His letter, Mr. Speaker, clearly out- REPORT ON RESOLUTION PRO- hour. lines how it harms not only his com- VIDING FOR CONSIDERATION OF Mr. SESSIONS. Mr. Speaker, for the pany, but the industry as a whole. The second amendment would delay THE SENATE AMENDMENT TO purpose of debate only, I yield the cus- all aspects of ObamaCare for 1 year. H.J. RES. 59, CONTINUING APPRO- tomary 30 minutes to the gentlewoman This proposal is an important step to PRIATIONS RESOLUTION, 2014, from New York (Ms. SLAUGHTER), the prevent the costly job-killing regula- AND PROVIDING FOR CONSIDER- ranking member of the committee and tions contained in President Obama’s ATION OF H.R. 3210, PAY OUR my friend, pending which I yield myself health care plan from becoming an un- MILITARY ACT such time as I may consume. During consideration of this resolution, all fortunate reality. The President has al- Mr. SESSIONS, from the Committee time yielded is for the purpose of de- ready delayed several pieces of the law; on Rules, submitted a privileged report bate only. and just as he begins to see how ill-con- (Rept. No. 113–238) on the resolution (H. GENERAL LEAVE ceived and unworkable his plan is, it’s Res. 366) providing for consideration of Mr. SESSIONS. Mr. Speaker, I ask time for us to stop it dead in its tracks. the Senate amendment to the joint res- unanimous consent that all Members So much for the hundreds of waivers olution (H.J. Res. 59) making con- may have 5 legislative days in which to that he has issued; so much for him de- tinuing appropriations for fiscal year revise and extend their remarks. laying for his friends in business; so 2014, and for other purposes, and pro- The SPEAKER pro tempore. Is there much for him delaying the pieces that viding for consideration of the bill objection to the request of the gen- he wants to, knowing that the harm (H.R. 3210) making continuing appro- tleman from Texas? will be on individuals all across Amer- priations for military pay in the event There was no objection. ica. It makes sense to delay the entire of a Government shutdown, which was Mr. SESSIONS. House Resolution 366 law for a year in an effort to protect referred to the House Calendar and or- provides for consideration of the Sen- American families from paying higher dered to be printed. ate amendment to H.J. Res. 59, the health care premiums and having fewer f Continuing Appropriations Act for Fis- options. cal Year 2014, and a closed rule for con- This is important, and the Repub- PROVIDING FOR CONSIDERATION sideration of H.R. 3210, the Pay Our lican Party is on the floor of the House OF THE SENATE AMENDMENT TO Military Act of 2013. of Representatives today on behalf of H.J. RES. 59, CONTINUING APPRO- Mr. Speaker, at midnight on Monday, taxpayers and what we believe is about PRIATIONS RESOLUTION, 2014, just 2 days from now, the Federal Gov- 60 percent of Americans who are op- AND PROVIDING FOR CONSIDER- ernment will shut down if Congress posed to this bill starting to work Oc- ATION OF H.R. 3210, PAY OUR does not act to provide the necessary tober 1. So that’s why we are here. MILITARY ACT appropriations. The legislation before Finally, this rule provides for consid- Mr. SESSIONS. Mr. Speaker, by di- us today will ensure that a shutdown eration of H.R. 3210, the Pay Our Mili- rection of the Committee on Rules, I does not happen; and, if adopted, the tary Act. This important piece of legis- call up House Resolution 366 and ask House amendments would make impor- lation is designed to ensure that our for its immediate consideration. tant steps to ensure that ObamaCare, Nation’s men and women in the mili- The Clerk read the resolution, as fol- the Affordable Care Act that President tary continue to receive their pay- lows: Obama and every Democrat voted for, checks in the event that the Senate H. RES. 366 does not have the opportunity to hurt does not adopt a responsible CR and Resolved, That upon adoption of this reso- American jobs and drag down our econ- forces our government into a shut- lution it shall be in order to take from the omy. down. Speaker’s table the joint resolution (H.J. The first of these three amendments Our Nation’s military puts their lives Res. 59) making continuing appropriations would repeal the medical device tax in- on the line, and they have throughout for fiscal year 2014, and for other purposes, cluded in ObamaCare. This medical de- the history of our country. They re- with the Senate amendment thereto, and to vice tax is also known as what might main engaged in combat operations as consider in the House, without intervention be the tax that will harm not only the we go to sleep tonight. They are pro- of any point of order, a motion offered by the creation of investment but also the tecting this great Nation, and the serv- chair of the Committee on Appropriations or products of medical devices, including ices that the men and women of the his designee that the House concur in the Senate amendment with each of the two pacemakers and other medical prod- military provide to the United States amendments printed in the report of the ucts that keep America’s health care a of America should be aided and helped, Committee on Rules accompanying this res- leading edge. The medical device indus- and we should make sure that we do olution. The Senate amendment and the mo- try provides our Nation with innova- not stop the pay to the men and women

VerDate Mar 15 2010 04:06 Sep 29, 2013 Jkt 029060 PO 00000 Frm 00051 Fmt 0636 Sfmt 0634 E:\CR\FM\K28SE7.056 H28SEPT1 smartinez on DSK6TPTVN1PROD with HOUSE H5976 CONGRESSIONAL RECORD — HOUSE September 28, 2013 of the United States military. In the level of administrative burden in order to of the medical device tax alone would event of a government shutdown, this track the ‘‘gross’’ revenues defined by this add $30 billion to the Federal deficit. body should take the necessary meas- tax. This requirement, along with the recent However, finding a solution to the ures to ensure that our servicemen and challenges imposed by the Physician Pay- crisis before us may not be the major- ment Sunshine Act, force additional levels of ity’s top priority. Based upon news re- -women continue to be compensated for administration and non value added expenses their services. that male OsteoMed less competitive and ports from earlier in the day, it seems So, Mr. Speaker, we have finished a viable. that far from responsible governing, Rules Committee meeting upstairs. We The market in which OsteoMed competes the majority is concerned with simply spoke about this, the impacts, at the is in turmoil and has become increasingly keeping their political house of cards committee hearing that allowed Mrs. competitive with many new offshore com- from falling down. petitors. As economics and recent govern- LOWEY, on behalf of the minority, and According to POLITICO, Majority ment restrictions have largely removed sur- Leader ERIC CANTOR said: Mr. HAL ROGERS, our Appropriations geons from the surgical device purchase deci- We’ve had enough disunity in our party. Committee chairman, to talk about the sion process, hospitals are now forcing in- important part of what we’re trying to The headlines are Republicans fighting Re- creasingly price concessions. Despite in- publicans. This will unite us. do today. creased raw material and labor costs, So I urge my colleagues to vote OsteoMed has been unable to raise product By now, the majority’s inability to ‘‘yes’’ on the rule and ‘‘yes’’ on the un- prices over the past several years and is now find consensus within its own ranks is derlying legislation. equally unlikely to simply pass along the de- well known. It started almost as soon I reserve the balance of my time. vice tax to our customers. as they assumed power, as extremists Like any other responsible business, within their own party refused to pro- OSTEOMED, OsteoMed must carefully manage expenses in June 5, 2012. vide relief aid to victims of Hurricane order to make profit and continue to grow Sandy for more than 3 months. Divi- Hon. PETE SESSIONS, and succeed. In order to cover the shortfall House of Representatives, the new device tax will create, OsteoMed has sions within the majority also led to Washington, DC. already started to implement cut backs in the first ever expiration of the Vio- DEAR REPRESENTATIVE SESSIONS: Thank its operations including the delay/cancella- lence Against Women Act in over 20 you for taking time to visit with me last tion of new product development projects years; most recently, a failure on the week regarding OsteoMed and my concerns and the hiring of additional personnel, in- House floor to pass a bipartisan farm about the significant ‘‘headwinds’’ we face, cluding biomedical engineering positions. It bill, which had never happened before. especially related to the 2.3% medical device should be noted that OsteoMed is also ag- tax that is scheduled for implementation in The bill had been 5 years in the mak- gressively re-directing its business focus to ing, and they couldn’t get it done. 2013. On behalf of OsteoMed’s 400 employees, international markets that provide a less I thank you for your support of H.R. 436, Unable to find consensus on even the cumbersome and lengthy regulatory path- most noncontroversial bills, the major- which would repeal this onerous provision way with revenue streams that are not sub- that otherwise will negatively impact inno- ject to the medical device tax . . . imme- ity has held more than 41 votes on the vation and job creation at a time when we diately ‘‘saving’’ 2.3% in the process. In the one issue that unites them. If we are to can least afford it. past month, OsteoMed initiated the search believe the majority leader, the one As president & CEO of OsteoMed, a dy- for sales managers in China and the Middle issue that unites them is to try to kill namic, 20 year old surgical device manufac- East to supplement recent managers hired in the health care bill for Americans. turing company based in your district, I con- Korea and Italy. Unfortunately, OsteoMed Now, polls have shown that the front the challenges that America’s has already started to effectively trade U.S. American people want action on every- innovators face every day. In addition to jobs for overseas positions as a direct result challenges with the FDA and reimburse- thing from strengthening gun laws to of the medical device tax and other govern- passing immigration reform. Yet, in- ment, this 2.3% excise tax—which is on gross mental involvement. sales, whether or not a business has any prof- The medical device industry not only pro- stead of addressing any of these issues, its—will directly impact our ability to cre- vides numerous highly skilled and attractive the majority has tried any way they ate new jobs, invest in research and develop- jobs across the U.S., but it also pays its can to repeal, defund, undermine, ment and effectively compete in the global workers on average 40% more than the typ- delay, whatever, the historic health market. ical job. We are a vibrant sector of the econ- care law. And remember that Presi- OsteoMed formed a new subsidiary com- omy and one of the few remaining industries pany a couple of years ago to develop an in- dents—most of them since the time of that produces a healthy export of products. Teddy Roosevelt—have tried to achieve novative spine product that greatly sim- Tragically, this industry has now become the plifies spine fusion surgery and improves pa- health care. focus of misguided and short-term govern- Frustration has reached a boiling tient outcomes. OsteoMed launched this ment intervention and the growth and con- product last year which quickly grew to al- tinued prosperity of this proud American in- point within the majority’s ranks. Re- most $5MM in sales in 2011 and currently em- dustry now faces great hurdles. publican Senator JOHN MCCAIN has de- ploys a number of highly skilled, high paid Again, I thank you for your service to our clared parts of his own party ‘‘whacko individuals. Due to the significant upfront country and specifically for your support of birds’’ and said: investment and on-going development costs, H.R. 436 to repeal this tax and to help Amer- Many in this group didn’t come to power to this new company is not projected to make a ica’s innovators continue to improve patient get things done. They came to power to keep profit in the near future but is nevertheless care and drive job creation. I look forward to things from getting done. subject to the device tax which will further your ability to visit OsteoMed when you are delay this subsidiary’s success. As a result, Well said, Senator. back in Dallas so you can see firsthand our By now, the majority is well aware OsteoMed has now delayed additional new great employees and the innovative products product developments and personnel in order they produce to help people around the that a 1-year delay in the Affordable to make ‘‘ends meet’’ and achieve the re- world. Please do not hesitate to contact me Care Act threatens access to secure turns initially envisioned when this com- to discuss this issue or any other issues im- and affordable health care for millions pany was created. pacting the medical device industry. of Americans and that my Democrat OsteoMed’s core business manufactures Sincerely, colleagues and I refuse to take away surgical implant systems for use in WALTER J. HUMANN, health care for American families just craniofacial, neurosurgical and small bone President & CEO, OsteoMed. because the majority is unable and un- orthopedic (upper and lower extremities) surgeries. These systems require extensive, Ms. SLAUGHTER. Mr. Speaker, I willing to find common ground. specialized instruments that are typically thank my colleague and gentleman for And oh, by the way, we’ve done noth- not sold, but are used to implant the devices yielding me the customary 30 minutes, ing about the business of the House. that drive OsteoMed’s revenue stream. The and I yield myself such time as I may We’re doing this resolution, in the first device tax will not only tax gross product consume. place, because the appropriations bills revenues, but my understanding is it will What we have before us today is not were not dealt with. also tax the instruments OsteoMed must in- a solution; it’s another attempt to un- In fact, the whole process has vest in and place into hospitals at no charge dermine the Affordable Care Act. As changed here. What used to be the com- thereby further reducing my company’s prof- written, this dangerous proposal has no mittee process and then go to Rules it opportunities and forcing expense reduc- tions in other areas in order to achieve our chance of becoming law. It is not only and then go to the floor has changed; profit goals. a political nonstarter but a bad Federal you just go directly to Rules. I would OsteoMed’s products are sold through a va- policy. According to the nonpartisan sure like to see the old days come riety of sales channels and will require a new Congressional Budget Office, a repeal back.

VerDate Mar 15 2010 05:01 Sep 29, 2013 Jkt 029060 PO 00000 Frm 00052 Fmt 0636 Sfmt 0634 E:\CR\FM\K28SE7.061 H28SEPT1 smartinez on DSK6TPTVN1PROD with HOUSE September 28, 2013 CONGRESSIONAL RECORD — HOUSE H5977 The fact of the matter is this bill will b 2000 Mr. Speaker, there is supposed to be be dead on arrival once it’s sent to the Some of the common things that an orderly, thoughtful process around Senate. Senator REID has made that have been talked about in those meet- here. Just in case any of my colleagues abundantly clear all day long. For the ings, as if we need to remind our- were asleep in high school civics the majority to continue to bring it for- selves—but I will again—in that day they taught how a bill becomes ward shows that today’s proposal is ObamaCare bill, $716 billion was cut law, let me go over it slowly. nothing more than an attempt to seek and taken away from senior health The House holds hearings and mark- ups in subcommittees and committees, political cover as Republicans shut the care to go directly to ObamaCare. But brings a bill to the floor, debates it, government down. we’ve also seen the real effects of votes on amendments, and then votes Today, Senator HARRY REID said: ObamaCare, as we know that since on final passage. The Senate does the The American people will not be extorted ObamaCare has been passed, there have same thing. Then, the House and the by Tea Party anarchists. To be absolutely been 7 part-time jobs created for every Senate meet in a conference com- clear, the Senate will reject both the 1-year one new full-time job. delay of the Affordable Care Act and the re- Mr. Speaker, we’re here on the floor mittee, agree to a final package, vote peal of the medical device tax. After weeks on that, and send it to the President of the House of Representatives be- of futile political games from Republicans, for him to either sign or veto. cause our country is in trouble. This is we are still at square one. Does any of this sound even vaguely a continually difficult time for Ameri- As if this weren’t enough, the process familiar to my Republican colleagues? cans back home not just to find work, that has led us here has trampled upon Because they did a ‘‘Schoolhouse but to keep work. the majority’s promises of an open and Rock’’ cartoon about it and every- We find that large companies, these transparent House. Unlike the process thing. large corporations that are talked that led to the passage of the Afford- Instead, here we are, just a matter of about from time to time on this floor, able Care Act, today’s legislation was days—hours, really—from a Repub- especially by our friends, are moving written behind closed doors, leaving lican-caused government shutdown. people off the health care that they’re out almost half of the Members of the Here we are with yet another com- on because it makes sense to do it, but House of Representatives, the Demo- pletely unnecessary, deeply harmful, also because of the expense. politically motivated crisis. crat Party. There was absolutely no We saw just in the last few weeks input at all from members of the mi- My Republican friends have made it large companies like UPS and clear that they will not vote for a con- nority, and that is definitely unlike Walgreens move their employees and the health care act, which went tinuing resolution unless that bill make very, very difficult decisions. strips funding to implement the Afford- through the full committee process. Just like Delta Air Lines had to make This afternoon, the majority met in able Health Care Act, or ObamaCare. a decision. They announced that But here’s the problem, Mr. Speaker. the basement of the Capitol. After a se- ObamaCare alone would cost Delta Air cretive, closed-door meeting, they Mitt Romney tried to make that same Lines over $100 million next year alone. argument in the 2012 election. And he emerged with this partisan legislation These are destructive and dev- in hand and told us to take it or leave lost badly—by 5 million votes. Repub- astating consequences of ObamaCare. licans tried to argue against it. The Republican Party is on the floor Mr. Speaker, every single one of us ObamaCare in the Senate elections. because this law is going to start very And they lost. They tried to make was elected by our fellow citizens and quickly: October 1 and January 1. Peo- told to do our part in building a more those same arguments in the House ple begin signing up October 1. elections, and they lost by about 1 mil- prosperous country. With the closed, Of course, what we’ve seen is the secretive, and partisan process that the lion votes. Thanks to some ingenious President very clearly over the last few redistricting, though, they were able to majority has repeatedly pursued, they years has given waivers to the people are shutting out half the Chamber and keep their majority. that he chose to give waivers to. He And now they’re trying to use that half of our country from participating turned around and let business off the narrow majority to undo the results of in a democratic process. hook. But he keeps the law on individ- the 2012 election. But guess what, Mr. In closing, the majority has every uals. He keeps this onerous law on indi- Speaker? It isn’t going to happen. They right to pursue their legislative prior- viduals—and it’s causing chaos and don’t have the votes. The numbers do ities, no matter how misguided we may panic. not add up. The Affordable Care Act is feel they are, but they do not have the It’s causing chaos for people like my the law of the land. It’s been in effect right to take the Nation hostage nor family and others who have children for 2 years, and it’s going to stay that threaten the full faith and credit of the that they have to take care of that are way. If Republicans don’t like it, they United States in order to get their sometimes disabled. And we are seeing can make their case to the American way. problems because now we’re not sure in people in 2014. Let me be clear: a vote for this rule this mix who will be the doctor. Will But instead of facing that reality and a vote for this bill are affirmative that be a doctor we’ve gone to in the like thoughtful, serious grownups, the votes for a government shutdown, be- past? Will that be a doctor that one Republican majority continues to cause everyone here knows there will time we may see and another time we throw temper tantrum after temper be no adequate time for any more ping- may not see? tantrum, threatening to shut the gov- ponging. I strongly urge my colleagues There is uncertainty. And this uncer- ernment down, default on the Nation’s to vote ‘‘no’’ on the rule and the under- tainty has been driven to what I be- bills, and throw the economy into a lying legislation. lieve has become reality. And the re- tailspin. It’s absurd. Unfortunately, I reserve the balance of my time. ality is, if you look, there is a CBS and it’s hurting real people. A Republican Mr. SESSIONS. Mr. Speaker, I yield New York Times poll showing that a shutdown of government would actu- myself such time as I may consume. majority of Americans disapprove of ally cost us more money, Mr. Speaker. I am intrigued by the notion today ObamaCare. And when a majority of The Senate has already acted. They that Republicans were meeting secre- Americans say this to CBS News and passed a clean continuing resolution tively. In fact, we have had several The New York Times, I think even our that keeps the government funded meetings over the past few days, and colleagues, the Democrats, should lis- through November 15. Now I don’t par- probably two or three today, and the ten. ticularly like that bill because it keeps nature of that is to make sure that our I reserve the balance of my time. in place the Republicans’ beloved se- Members, some 233 Republican Mem- Ms. SLAUGHTER. Mr. Speaker, I am quester, which is not only unreason- bers across this country, that Repub- pleased to yield 4 minutes to the gen- able but it is doing real harm to our lican leadership like myself is hearing tleman from Massachusetts (Mr. economy. But apparently that’s not from them, that we are moving to- MCGOVERN), my distinguished col- good enough for the extremists in the gether and talking about the terrible league on the Rules Committee. Republican Conference. They would and disastrous effects of ObamaCare Mr. MCGOVERN. I thank the gentle- rather drive this economy off a cliff and how we’re going to work together. lady for yielding. than make a reasonable compromise.

VerDate Mar 15 2010 04:47 Sep 29, 2013 Jkt 029060 PO 00000 Frm 00053 Fmt 0636 Sfmt 0634 E:\CR\FM\K28SE7.062 H28SEPT1 smartinez on DSK6TPTVN1PROD with HOUSE H5978 CONGRESSIONAL RECORD — HOUSE September 28, 2013 Instead, they have unveiled a bill Mr. SESSIONS. Mr. Speaker, I con- see it yet. The reason why we don’t see that includes two major changes to the tinue to reserve the balance of my it is because this President and this ad- Affordable Care Act, including a 1-year time. ministration have given out over 1,200 delay in the implementation of that Ms. SLAUGHTER. Mr. Speaker, I waivers to people, saying, It’s okay for law. Senator REID has made it clear yield 2 minutes to the gentleman from you to not have to come under this that the Senate will not consider any Colorado (Mr. POLIS), a most distin- law; what you do is okay. But it’s not of these changes, and it’s clear the Re- guished colleague on the Rules Com- okay for the American people, individ- publicans simply want to shut this gov- mittee. uals of this Nation, the men and ernment down. Mr. POLIS. Mr. Speaker, what on women who get up and go to work So that’s where we are, Mr. Speaker. Earth are we doing here? This is the every day. In closing, I would just urge my Re- wealthiest, most free, greatest Nation And let’s note, too, that we have a publican friends, Please don’t do this. I on the face of the Earth, and we’re seri- section of this bill that’s about paying have to believe that there are enough ously debating a Republican proposal the military in case we do shut down. I grownups on the other side of the aisle to close down our Federal Government? would think that our colleagues on the who are willing to stand up and say, Why are we doing this to ourselves? other side of this building would want Enough is enough. In the meantime, we I understand that a majority of the to make sure that we pay members of should reject this rule, reject the un- people in this body, the House of Rep- our military. They’re important to this derlying bill, and get back to work. resentatives, controlled by Repub- country. This body is going to do it. Mr. SESSIONS. Mr. Speaker, I re- licans, don’t like the Affordable Care Mr. Speaker, at this time I yield 4 serve the balance of my time. Act. I understand that. It’s been very minutes to the gentleman from Geor- Ms. SLAUGHTER. Mr. Speaker, I am clear. They’ve voted on repealing it 43 gia (Mr. WOODALL), a distinguished pleased to yield 2 minutes to the gen- times. That’s very, very clear. young gentleman of the Rules Com- tleman from Florida (Mr. HASTINGS), However, we have a system of gov- mittee. my distinguished colleague on the ernment established in our Constitu- Mr. WOODALL. Thank you, Mr. Rules Committee. tion. We have a separation of powers. Chairman, for yielding me the time and Mr. HASTINGS of Florida. Thank The Supreme Court has ruled on the thank you for your leadership on the you very much, Ms. SLAUGHTER, for Affordable Care Act. We have a Senate Rules Committee because when I yielding the time. that does not want to repeal the Af- signed up for Rules Committee, I knew Mr. Speaker, in the face of the Presi- fordable Care Act, and we have a Presi- I was going to get a lesson in rhetoric dent saying that he will veto any meas- dent that doesn’t want to repeal the up there. I look at some of my col- ure that seeks to defund ObamaCare Affordable Care Act. That’s clear. It leagues from the Rules Committee on and in the face of the Senate Majority was not repealed. This House can pass the other side. We have some long days Leader saying that he will accept noth- it as many times as we want. It still and some long nights up there. But 9 ing in the Senate other than a clean isn’t repealed. times out of 10, it’s about things that continuing resolution, I can’t believe So when this House doesn’t get its matter. It’s about substance. And that my colleagues on the other side way, it wants to shut down the entire that’s what it’s about today. really believe that they are going to Federal Government just because they To talk about a Republican bill to prevail and cause the President, with couldn’t get the President, who was shut down the government is obviously his signature legislation, to change his elected by the people of this country, nonsense, Mr. Speaker. I know there’s mind or that of the Senate Majority or the Senate that was elected by the not a point of order here against non- Leader. people in the 50 States of this country, sense on the House floor. If there was, The Senate doesn’t come back in to go along with what this body wants? I would have brought it up. Because until Monday at 2 o’clock, and that That’s arrogant. That’s harmful to the that’s nonsense. means the clock will run out. You say American people. That threatens to de- This is a bill to keep the government on the other side that you don’t want stroy wealth and value creation and open. It uses the exact same funding to shut the government down, and yet jobs in our country. level that the Senate just sent back to exactly what you are doing here this Whether it’s pharmaceutical compa- us. I’ve got a lot of colleagues on my evening will do exactly that. It will nies who rely on the FDA moving drugs side of the aisle who would like for shut the government down. through the approval process, whether that funding level to be lower. I prom- Now there’s a certain amount of ab- it’s our troops overseas, whether it’s ise you, if we could get the group to- surdity that carries throughout our our patent offices, the private sector gether who wanted to lower that fund- history. I would commend to my col- and the job creation engine of this ing level, we could do that here, too. leagues on the other side that they country relies on the rules that we set But we didn’t. This is a bill that brings read Jon Meacham’s book, ‘‘Thomas in the marketplace. That’s what the exactly the same funding level that the Jefferson: The Art of Power.’’ At a capitalist system is founded upon. Senate sent over to us. point in the course of that book, Jeffer- The Republican Party, by shutting What else does this bill do? This bill son becomes the President. And when down the government just because ev- empowers the government to continue he becomes the President, in his inau- erybody won’t go along with what they to pay our men and women in uniform gural address he commented about the want, is threatening to destroy wealth if, by some outside chance, our col- majority needing to protect the minor- and value creation in this country, de- leagues in the Senate abdicate respon- ity. He said, If you do not do that—this stroy jobs, and threatening our place sibility and can’t pass a bill. I think we is in his inaugural address—you be- as a global leader. all agree on that. I don’t think there’s come an oppressor. I strongly encourage my colleagues a man or woman in this Chamber that That’s exactly what’s happening. You to vote ‘‘no’’ on this Republican pro- thinks military families ought to have have one wing of your party, a rump posal to shut down the government and to worry because we can’t come to- group, that are strong and united. let’s move forward and pass the con- gether on a bill. They’re entitled to that particular un- tinuing resolution here in the House, dertaking, but all they’re doing, when by Monday, send it to President b 2015 all is said and done, is hurting Amer- Obama, and let’s keep this country We are going to come together. But ica. They’re not helping anyone but moving forward. that worry is in their hearts and their themselves. Mr. SESSIONS. Mr. Speaker, I yield minds today. We have an opportunity The simple fact of the matter is that myself such time as I may consume. to take it away, and we should. in your majority you let a mob of 40 Mr. Speaker, for every opportunity In terms of bringing people together, people—probably as many as 60—deter- that Republicans have to talk about Mr. Speaker, you know, something else mine what democracy is going to look how bad this bill is, there is an equal that’s in this bill is the repeal of the like for insurance for the rest of Amer- opportunity for our colleagues to talk medical device tax. We talk about jobs ica. I call that mobocracy, not democ- about how great it is. But the facts of bills here on the floor of the House reg- racy. the case are the American people don’t ularly. If you have a medical device

VerDate Mar 15 2010 04:47 Sep 29, 2013 Jkt 029060 PO 00000 Frm 00054 Fmt 0636 Sfmt 0634 E:\CR\FM\K28SE7.063 H28SEPT1 smartinez on DSK6TPTVN1PROD with HOUSE September 28, 2013 CONGRESSIONAL RECORD — HOUSE H5979 manufacturer in your district, let them Simply put: the Republicans want to care that’s going to cut into innova- talk to you about the impact this tax shut down the Federal Government be- tion. It’s not going to make us the is having on their business. It is killing cause they’re mad about the results of country we were. jobs. It is destroying American leader- the 2012 elections. Republicans are mad You know, there was a time when we ship in this area. that the Supreme Court held that the used to have to pay about $9,000 for This is not a divisive issue. We agree Affordable Care Act was constitu- laser surgery, and today it’s about on this issue here. Our friends in the tional. Threatening a government $1,500. That’s because of innovation; Senate, Mr. Speaker, voted 79–20 in shutdown because you don’t get your it’s because of competition. We’re favor of this very same issue. way is not how we should be going going to lose competition in the mar- I understand folks are worn out, Mr. about conducting the people’s business. ket today, Mr. Speaker. That doesn’t Speaker. It’s been a long weekend. It’s According to a CBS News poll, 80 per- make sense. been a long couple of weeks. But the cent of Americans say threatening a I would like to say a bit about this American people deserve to know the government shutdown during budget investment tax, 3.8 percent. I wonder truth of what’s going on here on the debate is not an acceptable way to ne- how many people in the country right floor tonight. gotiate. now are just waking up to the fact that The truth is the passage of this rule Our entire country will be affected by when they go sell their home, they’re and this underlying legislation keeps what is happening here. Moody’s Ana- going to pay another 3.8 percent tax. the doors of the government open; re- lytics estimates that a shutdown of 3 All that was written in that 2,000-page peals the job-killing medical device tax to 4 weeks would cut economic growth document has finally come to light, that both the House and Senate have in half. and that’s why people are so concerned. said they wanted to repeal; protects Why do this when our economy is re- We have got to change this, Mr. changes of the Affordable Care Act covering? Housing loans won’t be Speaker. That’s why I want to advo- that American families have come to made, small business loans; our na- cate that we defer this for a whole depend on, like keeping children on tional parks will be closed; lifesaving year. Let the truth come out, and then their policies; but eliminates all of the research won’t be conducted. Why do let’s make a wise decision for the uncertainty of all of the broken por- this? Why put the country through all American people. Ms. SLAUGHTER. Mr. Speaker, I am tions of the Affordable Care Act, all of this? pleased to yield 2 minutes to the gen- the broken portions of ObamaCare, all Previous government shutdowns and tlewoman from Texas (Ms. JACKSON of the portions that have already seen manufactured crises have had severe LEE). 1,200 waivers—and waivers again just consequences. During the first 1995 yesterday. It doesn’t ask to repeal it, Ms. JACKSON LEE. Mr. Speaker, shutdown, 800,000 workers were fur- many of us promised our constituents Mr. Speaker. It asks to delay it for 1 loughed. And during the debt ceiling year so all the uncertainty that’s hap- that we would come back here to Wash- fight in 2011, the Dow Jones industrial pened can be explored. ington and fight for them. I imagine average tumbled 1,700 points, or nearly Every Member in this Chamber has that there are some families in Amer- someone in his district who has lost 14 percent. ica right now holding an 8-year-old or a Let’s stop the antics and govern, not their insurance policy, Mr. Speaker. 10-year-old, maybe a teenager, with a shut down the Government of the Everyone in this Chamber has a person preexisting disease. Maybe like the lit- in their district who heard from the United States. tle girl that I heard about when we I ask my colleagues to vote against President of the United States: If you were debating the Affordable Care Act this measure and support economic like your insurance policy, you can that had leukemia, and time after time keep it. And every single one of you growth not manufactured crises. after time she was rejected by insur- Mr. SESSIONS. Mr. Speaker, you know, Mr. Speaker, that someone in ance companies until she died. know, one of the most commonsense your district has had that promise bro- And so I asked the question earlier ken for them. classes that we’ve ever had of new tonight: What is the morally right Let’s keep what’s working. Let’s stop Members of Congress has arrived in thing to do? And I want to announce what’s broken. Let’s come together. Washington. They’re in their first year, what is going to happen tonight. Let’s get this passed. We owe it to the and they’re seeing some amazing Let us be very clear. Let us not be American people. things that are happening. full of smoke and mirrors. Tonight, the Ms. SLAUGHTER. Mr. Speaker, I am I yield 2 minutes to the gentleman Republican majority will vote to shut pleased to yield 2 minutes to the gen- from North Carolina (Mr. PITTENGER), the government down. I’ll say it again: tlelady from Ohio (Ms. KAPTUR). one of these new freshman gentlemen. they will vote to shut the government Ms. KAPTUR. I thank Ranking Mem- Mr. PITTENGER. Let’s talk about down. They will look that family in the ber SLAUGHTER for yielding me the responsibility tonight, Mr. Speaker. eye, and they will say that they are de- time. You know, we’ve gotten notices from laying the Affordable Care Act—long It is clear that the Republican major- our constituents for the last many approved. But they are actually de- ity is here tonight to begin the process weeks that their premiums now, stroying it and eliminating it. A delay of shutting down the Government of they’re getting their notices, they’re is eliminating it. the United States. How irresponsible; going up. I had one doctor who wrote They will stop the American people how counterproductive; and what a po- me with his family that’s gone up 200 on October 1 from getting premiums litically manufactured crisis. percent—$11,000 deductible; yet he has between $100 and $130. They will stop The uncertainty this behavior engen- to pay $1,100 a month. Another friend seniors from being able to have help ders across our Nation, the fits and called me, his premium is 250 percent with their prescription part D, their starts, on-again-off-again approach the more. prescription drugs, choosing dog food majority is employing is not in the in- So let’s talk about responsibility. over their prescription. They will stop terest of economic growth and job cre- Let’s talk about what made America preventative care. They will stop re- ation, nor America’s standing globally. great in terms of health care. search for cancer and leukemia and Speaker BOEHNER said he would not People come from all over the world heart disease and stroke. They will bring a bill to the floor that hasn’t to our shores for great health care. Do stop the preventative care nonpay- been posted online for at least 72 hours. you know why, Mr. Speaker? Innova- ments. And they will also stop those Well, it’s obvious he and the House Re- tion. America has the greatest health young families from being able to have publicans won’t keep their promise. In care in the world; yet innovation now insurance. fact, this is the 34th time that legisla- is going to be curtailed. The great re- Remember what I said: What is the tion has been brought to the floor with search hospitals of this country now morally right thing to do? Is it morally less than 72 hours to read it. So we find are having to cut back because they right to be able to provide for the ourselves on the brink of a govern- don’t see that opportunity. American people health care that ment-wide shutdown, driven by a mi- We have changed the whole direction they’ve never had? Is it the morally nority of the majority of just one through centralized planning, through right thing to shut down the govern- House of Congress. a great bureaucracy running health ment so that seniors trying to get

VerDate Mar 15 2010 04:47 Sep 29, 2013 Jkt 029060 PO 00000 Frm 00055 Fmt 0636 Sfmt 0634 E:\CR\FM\K28SE7.066 H28SEPT1 smartinez on DSK6TPTVN1PROD with HOUSE H5980 CONGRESSIONAL RECORD — HOUSE September 28, 2013 Medicare benefits will not have any- deals with amounts that we appro- Southeastern Pennsylvania, and in body to process them, or Social Secu- priate. This budget represents great particular the Eighth Congressional rity, or the disabled, or downpayment compromise—$250 billion less than the District, is home to exceptional med- for homes for young families? President first proposed. ical device manufacturers and innova- I came here to stand for the Amer- But we are told we cannot pass this tive health care companies that are ican people. Tonight you will witness continuing resolution, we cannot keep truly making a difference. This unique the shutdown of the government. That the government open unless we repeal and essential form of manufacturing is is what the vote will be, a shutdown of or delay the Affordable Care Act, an an area in which America excels. this government. act which was fought over in the last Simply put, the medical device tax is Mr. SESSIONS. Mr. Speaker, you Presidential election, which was passed a punitive gross receipts tax. It hurts know, I would have to beg to differ by both Houses of Congress, signed by American businesses by eroding their with the gentlewoman. That’s not what the President. The President cam- competitive advantage to innovate in this bill is about. Evidently, the gen- paigned for reelection saying he would the United States. It hurts high-skilled tlewoman has not had time to read the implement it; the Republicans said workers whose companies are putting bill. We are not debating shutting down don’t. The President and the Demo- the future of their industry at risk. It the House. We are debating what is cratic Senate were reelected. discourages innovators from choosing called a continuing resolution, Mr. We think the Affordable Care Act health care as a pursuit. It drives up Speaker. So I would encourage her to will help more Americans get afford- the cost of health care for Americans. please go, and we will help her at the able health insurance. Republicans Dave Holcombe of Souderton, Penn- Rules Committee and make sure she don’t agree. So they should campaign sylvania, wrote to me: understands what the bill is about. on it in the next election. If they can Nationwide, our industry directly employ- Mr. Speaker, at this time, I yield 2 get the votes, elect enough Senators, et ees over 400,000 people and supports nearly 2 minutes to the gentleman from North cetera, repeal it. But that’s not what million related jobs. The recently imple- mented tax on medical devices will likely re- Carolina (Mr. MEADOWS), a distin- they’re doing. They are blackmailing the country. They are saying they will sult in the loss of as many as 43,000 of these guished young man. high-paying, high-skilled American jobs, re- Mr. MEADOWS. Mr. Speaker, I rise shut down the government, or worse— ducing American competitiveness and inno- today to hopefully address some of the they will destroy the full faith and vation and preventing patients from receiv- things that were just mentioned. credit of the United States in a few ing the lifesaving medical devices and care We talk about a moral obligation. weeks if we don’t repeal or delay that they need. Truly, it is troubling to me to hear so ObamaCare. Tom Molz, the president and CEO of much talk in terms of a moral obliga- This is antidemocratic. It’s like a the Stout Medical Group in my district tion when my State, the State of North 1930s gangster film—that’s a nice gov- wrote: Carolina, is about to see the largest in- ernment you got there, that’s a nice This tax will force medical device compa- crease in insurance premiums because economy you got there; pity if it nies to go to other countries, resulting in the of the Affordable Care Act in the coun- should happen to blow up if you don’t loss of jobs and the loss of all other taxes try. When we talk about 27-year-olds pay us off by giving us what we want. generated by those jobs. The medical device What if the Democratic majority in industry is one of the few industries with a that can purchase insurance today, Mr. the Senate said: we won’t approve a strong manufacturing base. It would be very Speaker, for $35 a month, and it goes to continuing resolution; we will shut disappointing to lose this base and the jobs over $180 a month, what is morally down the government unless both associated with this industry. right about that, I ask you, Mr. Speak- Houses pass a strong gun control bill, And, finally, Jeffrey Lawler of er? or an immigration bill with a fast Kintnersville, Bucks County, Pennsyl- You know, we’ve talked a whole lot track to citizenship? The Republicans vania, explained: in this Chamber about the fact that would be greatly outraged, would be Medical technology is one of the only there was a vote taken, that a Presi- rightly outraged at that blackmail. American manufacturing sectors that is a dent was elected. Indeed, we did elect a net exporter, exporting $5.4 billion more But that’s what they are doing here President a mere 9 months ago. But I than it imports. It also accounts for 40 per- today. The minority is blackmailing want to remind you, Mr. Speaker, that cent of the global technology market. But the majority of the country. I was also elected some 9 months ago. the U.S.’s lead has shrunk dramatically in This is subversive to democratic gov- the last decade, and this tax serves as a det- And we did not elect a dictator; we ernment. Government by blackmail rimental blow, helping to further shorten the elected a President. We did not have a cannot be allowed to destroy the Amer- gap. vote that did not elect Representa- ican form of government, which is The SPEAKER pro tempore. The tives. It is time that the Representa- what this attempt represents. If we time of the gentleman has expired. tives start representing the people that give into this, then the minority can Mr. SESSIONS. Mr. Speaker, I yield they were elected to uphold and pro- rule against the majority. If you want an additional minute to the gentleman tect. to repeal the Affordable Care Act, elect from Pennsylvania. You know, we’ve heard a lot in this a President, elect a majority in both Mr. FITZPATRICK. Mr. Speaker, Chamber this evening about the gov- Houses, and go do it. But we must not these are real jobs, these are real con- ernment—the government this, the give into this threat to democratic cerns, and this tax has real con- government that. When do we start fo- government and transform it into a dif- sequences. cusing on the people? Because it is the ferent type of government. That’s why The repeal of the tax is a strong way people who are losing jobs. It’s the peo- we must pass the continuing resolution to support American businesses, pro- ple who can’t keep their insurance. It’s without these subversive amendments. tect American workers, and ensure the people whose insurance premiums Americans have affordable access to are going up. It’s the people who are b 2030 world-class health care. This is an losing their jobs and being cut back on Mr. SESSIONS. Mr. Speaker, at this issue that has wide bipartisan support, hours to get part-time. time, I yield 2 minutes to the gen- as we heard earlier. Seventy-nine It is time that we stop acting like tleman from Bucks County, Pennsyl- United States Senators have already loyal subjects and start acting like the vania, Congressman FITZPATRICK. expressed support for repeal of this tax. Representatives that we were voted Mr. FITZPATRICK. Mr. Speaker, I This should be sent to the United into office to uphold and represent the thank the chairman for his leadership States Senate. people of this great country. on this continuing resolution, which, if I urge support of the rule and passage Ms. SLAUGHTER. Mr. Speaker, I am adopted, will guarantee that the gov- of the bill. pleased to yield 2 minutes to the gen- ernment continues to operate. Ms. SLAUGHTER. Mr. Speaker, I tleman from New York (Mr. NADLER). I rise this evening in support of the yield 2 minutes to the gentleman from Mr. NADLER. I thank the gentlelady rule and the repeal of the medical de- New Jersey (Mr. PALLONE). for yielding. vice tax, which is one of 20 unnecessary Mr. PALLONE. Mr. Speaker, the Re- Mr. Speaker, we are debating a con- taxes used to fund the President’s mis- publicans aren’t kidding anyone to- tinuing resolution, a budget. A budget guided health care law. night. They have the ability this

VerDate Mar 15 2010 04:47 Sep 29, 2013 Jkt 029060 PO 00000 Frm 00056 Fmt 0636 Sfmt 0634 E:\CR\FM\K28SE7.067 H28SEPT1 smartinez on DSK6TPTVN1PROD with HOUSE September 28, 2013 CONGRESSIONAL RECORD — HOUSE H5981 evening to take up the continuing reso- our neighbors back home and small got mostly stiffed, and the taxpayers picked lution that was passed in the Senate. If businesses back home that will have to up the hospital tab. they passed it here tonight, it would go deal with the consequences. We need ObamaCare. to the President, we would have a When the Tea Party Republicans Or how about this message from a budget, the President would sign it, pushed the country towards default woman in Broward County: and the government would not shut previously, they caused real economic I was never able to be insured except down. damage. America’s credit rating was through a group plan at work. When I The government is going to shut downgraded, and their previous govern- stopped working due to my health, it was down because they refuse to do that. ment shutdown cost American tax- impossible to obtain a policy. I had tried dif- They are the ones that are shutting the payers over $2 billion. Now they’re ferent companies, but was rejected each time due to my congenital heart defect. government down because they want to back for more, and they appear quite I went uninsured for about 3 years. Once debate again the Affordable Care Act. willing to cause significant economic the Affordable Care Act’s preexisting condi- Now, this is the 45th time. I’ve come damage again. tion plan started, I finally got coverage to the floor almost every time on these There is more to this story. Over the through the preexisting insurance pool. votes to try to repeal the Affordable past few months, while our neighbors Unfortunately, I just learned that I need Care Act. It is a farce. back home have been working hard at my fifth open-heart surgery again and know What is the debate? We had an elec- their jobs, getting their kids back into ObamaCare will cover me, whereas no other tion last November. The President school, the story here in Congress has private insurer will. I am willing to explain campaigned on the Affordable Care the struggles of individuals like myself who been one of dysfunction rooted in the were born with pediatric problems, but have Act. His Republican opponent said he House Republicans’ inability and re- grown into aging adults who are not poor would repeal it. The President won. fusal to negotiate an overall budget for enough for Medicaid or old enough for Medi- Now I hear my colleague from Texas the United States with the U.S. Sen- care and are always denied private indi- come here and say: oh, I’ve got a poll ate. They passed a make-believe budget vidual insurance. that says that people don’t like the Af- proposal that was so unrealistic they To deny care for those of us who were born fordable Care Act. Well, I can come up could not bring themselves to come to with a medical issue that we did not choose with any poll you want. I can bring you a budget conference with the Senate. to have, it is reckless to exempt us from being insured. a poll down here that shows people like So, without a budget, House Repub- it or don’t. Then he says: well, I’ve got licans left the country in limbo, and Mr. Speaker, what is reckless and de- all my constituents, they don’t like it, they embraced the severe and mindless structive and devastating and chaotic and they’re suffering this way, that. I sequester cuts as their spending strat- is the Republican majority’s decision can bring all my constituents that are egy. to drive this government to close. waiting for October 1 so they can sign In contrast, Democrats have offered a There has been enough delay. Too up because they don’t have health in- balanced plan authored by Congress- many Americans have been waiting far surance. man CHRIS VAN HOLLEN from Mary- too long for access to affordable health Why are we debating this tonight? land, but now we are here in the elev- care. We should not be debating the Afford- enth hour. The Tea Party Republicans Mr. SESSIONS. Mr. Speaker, I yield able Care Act for the 45th time. It is are holding the American economy myself such time as I may consume. the obligation of those who are in the hostage, and they have charted a I will remind my friends that we hear majority to govern, not to shut the course for job losses and real pain. The stories after stories about companies government down. That is what they Republicans are very poor fiscal stew- dropping their employees from their want to do—shut the government ards for American families and busi- employee-sponsored health care plans down. nesses. They are reckless and irrespon- because of the costs and the way the Then he goes on to say: oh, that’s sible. health care bill is written. okay, we are going to pay the military. I urge all my colleagues to vote ‘‘no’’ I think it is very interesting how—I Well, I’m glad that we are going to pay on their government shutdown plan. have great sympathy for individuals the military, but what about all the Mr. SESSIONS. Mr. Speaker, I con- who are having problems. They are in other functions that are involved with tinue to reserve the balance of my the district that I represent from Dal- the armed services? What about the time. las also—the vast majority of people support services? What about every- Ms. SLAUGHTER. Mr. Speaker, I am who are going to be just like them, thing else that goes on with the mili- pleased to yield 2 minutes to the gen- huge amounts of people, are now being tary? That’s all going to shut down. So tleman from Florida (Mr. DEUTCH). impacted by ObamaCare. don’t give me this argument about how Mr. DEUTCH. I thank the gentlelady. It goes back to an argument that we we are going to pay the military. Mr. Speaker, I have been sitting here made years and years ago moving for- The bottom line is he knows, and listening to the chairman talk about ward: don’t impact the people that they all know on the Republican side of the disastrous effects of ObamaCare— have health care and insurance; help the aisle, that by taking this vote to- destruction, devastation, chaos. the people that don’t have that. This is night they are forcing or they are get- I want to read some Facebook mes- a case that is happening all across this ting closer and closer to a shutdown sages that I received from members of country. that they are responsible for because the south Florida community this The problem is the President played they refuse to accept the reality that week. a Robin Hood plan. He went after ev- the Affordable Care Act is law. One man wrote: erybody that has got insurance, he I am not going to debate the Afford- Years ago, I finally scraped together went after everybody that had a job, he able Care Act anymore tonight. I know enough money to buy health insurance for went after employers. Rather than us it’s a good law; I know my constituents my family and purchased it. Months later, taking care of those that did not—and want it. But that’s not the issue. The my wife had irregular bleeding, and we went let’s say there were going to be 23 mil- issue is that you are going to risk the to see her doctor. He did a pap test, and it lion people that were going to be cov- came back normal. The bleeding stopped and ered, and I believe that that was the full faith and credit of this govern- life went on. ment. That’s what the issue is. Not long after, she began to bleed. Another number years ago—23 million people Mr. SESSIONS. Mr. Speaker, I re- pap test was done. Later the problem was fi- times about $5,000 a contribution so serve the balance of my time. nally diagnosed as cervical cancer. that they could get an insurance plan Ms. SLAUGHTER. Mr. Speaker, I am After that, I was contacted by my insur- would be far less destructive on our pleased to yield 2 minutes to the gen- ance company and told it was a preexisting economy than going after 230 million tlelady from Florida (Ms. CASTOR). condition. They dropped us, returned my pre- people and destroying their health care Ms. CASTOR of Florida. Mr. Speaker, miums, and paid nothing. plans. I was pauperized trying to pay and keep up when the American Government shuts with the surgeon for follow-up on my wife. This comes back to a simple ide- down early next week, it will be plain It took years and a willingness to walk ology, Mr. Speaker. They want a gov- that the Republicans in Congress are away from that debt to recover. The very ernment-run health care system. That responsible. Unfortunately, it will be talented surgeon that saved my wife’s life is what they are after—a government-

VerDate Mar 15 2010 04:47 Sep 29, 2013 Jkt 029060 PO 00000 Frm 00057 Fmt 0636 Sfmt 0634 E:\CR\FM\K28SE7.069 H28SEPT1 smartinez on DSK6TPTVN1PROD with HOUSE H5982 CONGRESSIONAL RECORD — HOUSE September 28, 2013 run health care system, just like they and the legislation that’s on the floor The Affordable Care Act is the law of want in other areas of the free econ- is about a continuing resolution. the land. It was passed by a majority in omy. That’s why they’ve done so many At this time, I yield 2 minutes to the this House and the Senate. It was outward things with not only student gentleman from Houston, Texas, Con- signed into law by the President, and it loans to the banking industry, health gressman CULBERSON. has been upheld by the Supreme Court. care industry, the energy industry; Mr. CULBERSON. Mr. Speaker, the To try to repeal the Affordable Care they have an attack and an assault on Democrat side of the aisle can say it Act at a time when we are talking employers and the American people. until they’re blue in the face that the about funding the government is like I have great respect for these individ- sky is green. That doesn’t make it mixing apples with oranges. I’ve heard uals that we’re talking about. I share green. It is not true. so many horror stories about the Af- their concern and I guarantee you I This legislation is designed to keep fordable Care Act, all of which are irre- and my office will help these people the government open by fully funding sponsible. Let me say some facts about and have been helping these people, it at levels that the Senate has already it. and we care about them. agreed to. I think it’s also good to get a few In my State of New York, people who But that’s not what we fixed. We did other things straight around here and enroll in the highest tiered plans our a Robin Hood plan to take from every- point out that Social Security checks, health insurance exchange will offer body else and put everybody in trouble even in the unlikeliest event the gov- can expect to see a 53 percent reduction then, including the economy, including ernment were to close down, will con- compared to this year’s individual jobs, and we are now a part-time Amer- tinue to flow because employees of all rates. The average approved rates for ican economy. mandatory programs administered by the individual silver plan in New York By the way they wrote the bill, it is the government are considered to be are 10 percent lower than previously not only expensive but it kills jobs. It essential. Social Security checks are forecasted by the CBO. These reduc- is just as effective as what their EPA obviously essential. Those employees tions don’t even take into account the war on coal is. It is an attack and as- are essential. Social Security will con- subsidies that will be available for sault on the free enterprise system and tinue to flow. many New Yorkers who are purchasing free people. My colleague from Texas said that coverage on the exchange, which will To say that the Republican Party children would be thrown off of their lead to even lower costs. doesn’t care about these individuals is parents’ insurance policies. That law It is time for Republicans to accept simply not true. We would offer a plan, took effect last year. It’s not affected reality and to allow this law to start a different way to look at it, and take by what’s before the House today. My helping the American people. The gov- the 230 million Americans that had colleague also said children or people ernment should not be shut down. This something and worry about the others. with preexisting conditions could be is a very, very dangerous course. Would That is what we have been trying to do denied coverage. That is also incorrect, you rather see small business owners all 17 years I’ve been in Congress. because that law took effect last year. struggle as the SBA will be unable to The biggest divide in this country is The bill before the House today fully review loan applications or loan guar- on taxes, and it’s on health care. Re- funds the government. We are even sep- antees? Republicans should not shut publicans want normal, regular people arately funding the military, and we the government down. to be able to have health care. That is are going to give a stark choice to the Mr. SESSIONS. I reserve the balance what we believe in. That’s the dif- President of the United States and the of my time. ference and the real story behind to- Senate: Do you want to shut down the Ms. SLAUGHTER. Mr. Speaker, I am night. government or do you want to force on I reserve the balance of my time. the American people a 2,500-page bill pleased to yield 1 minute to the gentle- Ms. SLAUGHTER. Mr. Speaker, I am that was forced through here so fast woman from Maryland (Ms. EDWARDS). pleased to yield 1 minute to the gen- that Speaker PELOSI said that we have Ms. EDWARDS. Mr. Speaker, I rise in tleman from Georgia (Mr. SCOTT). to pass the bill to find out what’s in it? opposition to this rule and to the un- Mr. DAVID SCOTT of Georgia. Mr. One of my colleagues from North derlying amendments. Speaker, I hope all of America is lis- Carolina just pointed out that many I want to be very clear. I don’t even tening tonight because we are seeing Americans are waking up today to dis- have a voice, but I want to let America one of the darkest moments in the his- cover there is a 3.8 percent tax on the know that House Republicans are shut- tory of this Congress for what we are sales of their homes. How many other ting down the government. They are about. surprises do we have in this 2,500-page doing it intentionally. They are doing b 2045 bill? it on purpose. All Republicans are asking tonight is Mr. Speaker, 1.4 million Active Duty The Republican Party is held hostage to give the Nation a year to study a personnel won’t get their paychecks. by a Senator 8 months here to under- 2,500-page bill that even Speaker About half of the Federal civilian em- mine the democratic process. Here we PELOSI didn’t have a clue as to what ployees won’t get paid. Those who do are, and they will shut down the gov- was in it. We as a Nation deserve to show up at work won’t be paid. House ernment of the United States because read and understand one of the most Republicans are shutting down the gov- we will not enforce the law. important pieces of legislation passed ernment. Even as we mourn the trag- Affordable Care is the law. in the history of Congress—which will edy at the Navy Yard here in Wash- Everything the distinguished gen- socialize the greatest health care sys- ington, Active Duty military would be tleman from Texas just said he said tem ever created. We are in the House guaranteed to receive their pay, but during debate. We’re not debating. It’s tonight, fulfilling our responsibility as their civilian counterparts, who risk the law. It’s the law of the land. It has adults to fund the government, to fund their lives in service to the mission, been upheld by the Supreme Court. It the military—and by the way, the Sen- would not. House Republicans are shut- has been debated in the elections. ate has had the Defense Department ting down the government. We are los- President Obama ran on it. Romney appropriations bill for over 90 days and ing waves of Federal employees in fur- said, if he got elected, he’d throw it the Military Construction and VA for loughs. We are undermining their bene- away. The President said, if he got 90 days each. fits and freezing their salaries. elected, he would make it work. Ms. SLAUGHTER. Mr. Speaker, I And the people spoke. yield 1 minute to the gentleman from I urge my colleagues to reject this. Make no mistake about it, my New York (Mr. ENGEL). Tonight, I want it to be known that friends, the Republicans. The American Mr. ENGEL. Mr. Speaker, by refusing the Senate won’t take it up. The Presi- people are never going to forget that it to advance a resolution that can pass dent won’t sign it. House Republicans was you who shut down the govern- the Senate, the Republican majority are shutting down the government. ment of the people. has made the reckless and irresponsible Mr. SESSIONS. Mr. Speaker, I con- Mr. SESSIONS. Mr. Speaker, it is not choice to shut down the Federal Gov- tinue to reserve the balance of my I. It will not be I. I am here to help, ernment. time.

VerDate Mar 15 2010 06:19 Sep 29, 2013 Jkt 029060 PO 00000 Frm 00058 Fmt 0636 Sfmt 0634 E:\CR\FM\K28SE7.071 H28SEPT1 smartinez on DSK6TPTVN1PROD with HOUSE September 28, 2013 CONGRESSIONAL RECORD — HOUSE H5983 To advise the gentlewoman, I am lican Party is prepared. We believe and We need to pass the clean CR approved by through with my speakers, and I will can substantiate that a ‘‘yes’’ vote is the Senate so we can fund our IT security then, as she finishes, offer a close. for making sure that we keep this gov- folks who protect us from cyber-attacks, and The SPEAKER pro tempore. The gen- ernment open—something that the our astronauts who risk their lives to push the tleman from Texas has 21⁄2 minutes re- American people want and need. That’s technical boundaries of knowledge for all man- maining. The gentlewoman from New why the Republican Party—233 kind. York has 11⁄2 minutes remaining. strong—is here tonight. I urge my col- These exceptional Americans, and the peo- Ms. SLAUGHTER. I understand that leagues to vote ‘‘yes’’ on the rule and ple who depend on them and benefit from the gentleman is prepared to close. ‘‘yes’’ on the underlying legislation. their work, do not deserve to be locked out of With that, Mr. Speaker, I am pleased I yield back the balance of my time, their workplaces on Tuesday. to yield 1 minute to the gentleman and I move the previous question on These exceptional Americans deserve a from Vermont (Mr. WELCH). the resolution. Congress that does its job and keeps America Mr. WELCH. Mr. Speaker, what you Ms. JACKSON LEE. Mr. Speaker, I rise in open for business. are proposing in this legislation—basi- strong opposition to the rule and the under- Mr. Speaker, make no mistake about it, cally shutting down the government lying resolution. given the lateness of the hour and the irre- and stiffing our creditors—is really I oppose this rule because it conditions the sponsibility of the House majority in wasting stupid, and here is why. funding needed to avoid a government shut- We have got to move on. We have had time trying to defund or impede the implemen- down on a one-year delay in the implementa- tation of the Affordable Care Act, any vote a debate about health care. Some of us tion of the Affordable Care Act and a repeal of are strongly in favor of this legislation, other than one to concur in the clean con- the excise tax on certain medical device that tinuing resolution passed yesterday by the and some of us are strongly opposed to helps defray the cost of the affordable, quality Senate is a vote to shut down the govern- it. That’s a legitimate policy debate, healthcare made available for the first time to ment. but the folks for it won in Congress; millions of Americans by the Affordable Care For these reasons and more, I oppose this they won in the Supreme Court; and Act (ACA). rule and the underlying amendments it makes they won in the last Presidential elec- I oppose this rule because the two amend- in order and urge my colleagues to join me in tion. At a certain point—I’ve been on ments it makes in order to the ‘‘clean’’ con- urging the passage of H.J. Res. 59 as amend- the losing side, by the way—it’s time tinuing resolution passed yesterday by the ed by the Senate so that Americans can rest to say, Sober up. Move on. Get on with Senate will, if approved, result in a shutdown assured that their government will be open for the program. Focus on what are the of the government. implementation challenges, and work Both President Obama and Senate Majority business and to serve them on Tuesday morn- on them together. Leader REID have it crystal clear that they will ing. But the notion that we would actu- not accept any continuing resolution con- The SPEAKER pro tempore. The ally suggest that it’s possible for us to taining any provision to delay, defund, or question is on ordering the previous consider stiffing our creditors in shut- weaken the Affordable Care Act. question. ting down the government and inflict- The Affordable Care Act, or Obamacare, The question was taken; and the ing pain on innocent people—that’s bi- was passed by both houses of Congress and Speaker pro tempore announced that zarre. It has no place in this debate. signed into law by the President three years the ayes appeared to have it. Sometimes we win debates and some- ago. It has been upheld by the Supreme Ms. SLAUGHTER. Mr. Speaker, on times we lose, but either side, we’ve Court. It is here to stay. that I demand the yeas and nays. got to move on. Mr. Speaker, you would think our friends The yeas and nays were ordered. Ms. SLAUGHTER. Mr. Speaker, in across the aisle would have gotten this mes- The SPEAKER pro tempore. Pursu- closing, I want to urge my colleagues sage by now because they have tried to re- ant to clause 8 and clause 9 of rule XX, to vote ‘‘no’’ on this rule and ‘‘no’’ on peal or undermine the Affordable Care Act this 15-minute vote on ordering the this bill because—no question about more than 40 times without success. previous question will be followed by 5- it—a ‘‘yes’’ vote on either one of them As former President Clinton would say: minute votes on adoption of the resolu- is a vote for the shutdown in the ‘‘Here’s another Obamacare score for you: tion, if ordered, and the motion to sus- House. The Senate will not take this ‘Obamacare—42, House Republicans—zero’.’’ pend on H.R. 2251. up—we are absolutely certain of it— Since it is clear that anti-Obamacare The vote was taken by electronic de- and we are on the road to a shutdown. amendments made in order by this rule are vice, and there were—yeas 229, nays The Republican Party insists on doing not going to become law, the only purpose to 192, not voting 10, as follows: that. Do not help them. Vote ‘‘no.’’ be served by this latest kamikaze mission by [Roll No. 494] I yield back the balance of my time. our friends across the aisle is to shut down YEAS—229 Mr. SESSIONS. I yield myself the the government and harm the economic re- Aderholt Coffman Gardner balance of my time. covery and disrupt the lives of millions of Amash Cole Garrett Mr. Speaker, I would like to just go Americans who provide and depend upon the Amodei Collins (GA) Gerlach through the things that we’ve talked services provide by the federal government. Bachmann Collins (NY) Gibbs Bachus Conaway Gibson about that are the attributes of why we Mr. Speaker, it is well and good that House Barletta Cook Gingrey (GA) are here tonight. majority has finally realized the importance of Barr Cotton Gohmert The cost to taxpayers: $716 billion ensuring that our troops are paid so they can Barton Cramer Goodlatte was cut from senior care, Medicare, to provide for their families. Benishek Crawford Gosar Bentivolio Crenshaw Gowdy fund ObamaCare. That harms our sen- However, this piecemeal approach of sin- Bilirakis Culberson Granger iors. gling out worthy beneficiaries on an ad hoc Bishop (UT) Daines Graves (GA) Just one example of the cost to em- basis is inadequate as it denies many other Black Davis, Rodney Graves (MO) ployers: Delta Air Lines announced Blackburn Denham Griffin (AR) critical services that Americans depend so Boustany Dent Griffith (VA) that ObamaCare will cost its company heavily on. Brady (TX) DeSantis Grimm $100 million in increased health care That is why it is grossly irresponsible for Bridenstine DesJarlais Guthrie costs over the next year. House Republicans to be wasting time on a Brooks (AL) Diaz-Balart Hall Americans are losing their current Brooks (IN) Duffy Hanna resolution like the one before us that will lead Broun (GA) Duncan (SC) Harper health care coverage. We read about it, to a government shutdown. Buchanan Duncan (TN) Harris and we know that UPS, Walgreens, and Mr. Speaker, we need to pass the clean CR Bucshon Ellmers Hartzler many other employers are losing their approved by the Senate so we can keep our Burgess Farenthold Hastings (WA) Calvert Fincher Heck (NV) health care coverage that they have promises to our veterans, as well as the doc- Camp Fitzpatrick Hensarling today. tors, nurses, and hospital workers who take Campbell Fleischmann Herrera Beutler Fewer hours and fewer full-time jobs. care of our wounded and healthy warriors. Cantor Fleming Holding Since ObamaCare was passed, there We need to pass the clean CR approved by Capito Flores Hudson Carter Forbes Huelskamp have been seven part-time jobs for the Senate so we can fund our engineers and Cassidy Fortenberry Huizenga (MI) every one full-time job that was added. technicians who maintain all of our critical mili- Chabot Foxx Hultgren Mr. Speaker, this is not a way to tary equipment to keep our troops safe and Chaffetz Franks (AZ) Hunter move our country forward. The Repub- take care of national security infrastructure. Coble Frelinghuysen Hurt

VerDate Mar 15 2010 06:10 Sep 29, 2013 Jkt 029060 PO 00000 Frm 00059 Fmt 0636 Sfmt 0634 E:\CR\FM\K28SE7.073 H28SEPT1 smartinez on DSK6TPTVN1PROD with HOUSE H5984 CONGRESSIONAL RECORD — HOUSE September 28, 2013 Issa Mulvaney Scott, Austin Sarbanes Sires Vargas Miller (FL) Roe (TN) Stutzman Jenkins Murphy (PA) Sensenbrenner Schakowsky Slaughter Veasey Miller (MI) Rogers (AL) Terry Johnson (OH) Neugebauer Sessions Schiff Smith (WA) Vela Miller, Gary Rogers (KY) Thompson (PA) Johnson, Sam Noem Shimkus Schneider Speier Vela´ zquez Mullin Rogers (MI) Thornberry Jones Nugent Shuster Schrader Swalwell (CA) Walz Mulvaney Rokita Tiberi Jordan Nunes Simpson Schwartz Takano Wasserman Murphy (PA) Rooney Tipton Joyce Nunnelee Smith (MO) Scott (VA) Thompson (CA) Schultz Neugebauer Roskam Turner Kelly (PA) Olson Smith (NE) Scott, David Thompson (MS) Waters Noem Ross Upton Serrano Tierney King (IA) Palazzo Smith (NJ) Watt Nugent Rothfus Valadao Sewell (AL) Titus King (NY) Paulsen Smith (TX) Welch Nunes Royce Wagner Kingston Pearce Shea-Porter Tonko Nunnelee Runyan Southerland Wilson (FL) Walberg Kinzinger (IL) Perry Sherman Tsongas Olson Ryan (WI) Stewart Yarmuth Walden Kline Petri Sinema Van Hollen Palazzo Salmon Stivers Walorski Labrador Pittenger Stockman NOT VOTING—10 Paulsen Sanford LaMalfa Pitts Pearce Scalise Weber (TX) Stutzman Webster (FL) Lamborn Poe (TX) Terry Davis (CA) Pelosi Visclosky Perry Schock Holt Rohrabacher Wenstrup Lance Pompeo Thompson (PA) Waxman Petri Schweikert McCarthy (NY) Ros-Lehtinen Westmoreland Lankford Posey Thornberry Pittenger Scott, Austin Meeks Rush Whitfield Latham Price (GA) Tiberi Pitts Sensenbrenner Williams Latta Radel Tipton Poe (TX) Sessions Wilson (SC) LoBiondo Reed Turner b 2118 Pompeo Shimkus Long Reichert Wittman Upton Posey Shuster Lucas Renacci Messrs. BRADY of Pennsylvania, Price (GA) Simpson Valadao Wolf Luetkemeyer Ribble PETERS of California, and CARSON of Radel Smith (MO) Wagner Womack Lummis Rice (SC) Reed Smith (NE) Walberg Indiana changed their vote from ‘‘yea’’ Woodall Marchant Rigell Reichert Smith (NJ) Walden to ‘‘nay.’’ Yoder Marino Roby Renacci Smith (TX) Walorski Yoho Massie Roe (TN) Mr. GRAVES of Missouri changed his Ribble Southerland Weber (TX) vote from ‘‘nay’’ to ‘‘yea.’’ Young (AK) McCarthy (CA) Rogers (AL) Rice (SC) Stewart Young (FL) McCaul Rogers (KY) Webster (FL) So the previous question was ordered. Rigell Stivers Young (IN) McClintock Rogers (MI) Wenstrup The result of the vote was announced Roby Stockman Westmoreland McHenry Rokita as above recorded. McKeon Rooney Whitfield NAYS—191 McKinley Roskam Williams The SPEAKER pro tempore (Mr. Andrews Grayson O’Rourke McMorris Ross Wilson (SC) RODNEY DAVIS of Illinois). The question Barber Green, Al Rodgers Rothfus Wittman Owens is on the resolution. Barrow (GA) Green, Gene Meadows Royce Wolf Pallone The question was taken; and the Bass Grijalva Meehan Runyan Womack Pascrell Speaker pro tempore announced that Beatty Gutie´rrez Messer Ryan (WI) Woodall Pastor (AZ) Becerra Hahn Mica Salmon Yoder the ayes appeared to have it. Payne Bera (CA) Hanabusa Miller (FL) Sanford Yoho Ms. SLAUGHTER. Mr. Speaker, on Perlmutter Bishop (GA) Hastings (FL) Miller (MI) Scalise Young (AK) Peters (CA) that I demand the yeas and nays. Bishop (NY) Heck (WA) Miller, Gary Schock Young (FL) Peters (MI) The yeas and nays were ordered. Blumenauer Higgins Mullin Schweikert Young (IN) Peterson Bonamici Himes The SPEAKER pro tempore. This is a Pingree (ME) Brady (PA) Hinojosa NAYS—192 5-minute vote. Pocan Braley (IA) Honda The vote was taken by electronic de- Polis Andrews Engel Lowey Brown (FL) Horsford Price (NC) Barber Enyart Lujan Grisham vice, and there were—yeas 231, nays Brownley (CA) Hoyer Barrow (GA) Eshoo (NM) 191, not voting 9, as follows: Bustos Huffman Quigley Rahall Bass Esty Luja´ n, Ben Ray [Roll No. 495] Butterfield Israel Beatty Farr (NM) Capps Jackson Lee Rangel Becerra Fattah Lynch YEAS—231 Capuano Jeffries Richmond Bera (CA) Foster Maffei Aderholt Dent Huelskamp Ca´ rdenas Johnson (GA) Roybal-Allard Bishop (GA) Frankel (FL) Maloney, Amash DeSantis Huizenga (MI) Carney Johnson, E. B. Ruiz Bishop (NY) Fudge Carolyn Amodei DesJarlais Hultgren Carson (IN) Kaptur Ruppersberger Blumenauer Gabbard Maloney, Sean Bachmann Diaz-Balart Hunter Cartwright Keating Ryan (OH) Bonamici Gallego Matheson Bachus Duffy Hurt Castor (FL) Kelly (IL) Sa´ nchez, Linda Brady (PA) Garamendi Matsui Barletta Duncan (SC) Issa Castro (TX) Kennedy T. Braley (IA) Garcia McCollum Barr Duncan (TN) Jenkins Chu Kildee Sanchez, Loretta Brown (FL) Grayson McDermott Barton Ellmers Johnson (OH) Cicilline Kilmer Sarbanes Brownley (CA) Green, Al McGovern Benishek Farenthold Johnson, Sam Clarke Kind Schakowsky Bustos Green, Gene McIntyre Bentivolio Fincher Jones Clay Kirkpatrick Schiff Butterfield Grijalva McNerney Bilirakis Fitzpatrick Jordan Cleaver Kuster Schneider Capps Gutie´rrez Meng Bishop (UT) Fleischmann Joyce Clyburn Langevin Schrader Capuano Hahn Michaud Black Fleming Kelly (PA) Cohen Larsen (WA) Schwartz Ca´ rdenas Hanabusa Miller, George Blackburn Flores King (IA) Connolly Larson (CT) Scott (VA) Carney Hastings (FL) Moore Boustany Forbes King (NY) Conyers Lee (CA) Scott, David Carson (IN) Heck (WA) Moran Brady (TX) Fortenberry Kingston Cooper Levin Serrano Cartwright Higgins Murphy (FL) Bridenstine Foxx Kinzinger (IL) Costa Lewis Sewell (AL) Castor (FL) Himes Nadler Brooks (AL) Franks (AZ) Kline Courtney Lipinski Shea-Porter Castro (TX) Hinojosa Napolitano Brooks (IN) Frelinghuysen Labrador Crowley Loebsack Sherman Chu Honda Neal Broun (GA) Gardner LaMalfa Cuellar Lofgren Sinema Cicilline Horsford Negrete McLeod Buchanan Garrett Lamborn Cummings Lowenthal Sires Clarke Hoyer Nolan Bucshon Gerlach Lance Davis, Danny Lowey Slaughter Clay Huffman O’Rourke Burgess Gibbs Lankford DeFazio Lujan Grisham Smith (WA) Cleaver Israel Owens Calvert Gibson Latham DeGette (NM) Speier Clyburn Jackson Lee Pallone Camp Gingrey (GA) Latta Delaney Luja´ n, Ben Ray Swalwell (CA) Cohen Jeffries Pascrell Campbell Gohmert LoBiondo DeLauro (NM) Takano Connolly Johnson (GA) Pastor (AZ) Cantor Goodlatte Long DelBene Lynch Thompson (CA) Conyers Johnson, E. B. Payne Capito Gosar Lucas Deutch Maffei Thompson (MS) Cooper Kaptur Perlmutter Carter Gowdy Luetkemeyer Dingell Maloney, Tierney Costa Keating Peters (CA) Cassidy Granger Lummis Doggett Carolyn Courtney Kelly (IL) Peters (MI) Chabot Graves (GA) Marchant Doyle Maloney, Sean Titus Crowley Kennedy Peterson Chaffetz Graves (MO) Marino Duckworth Matsui Tonko Cuellar Kildee Pingree (ME) Coble Griffin (AR) Massie Edwards McCollum Tsongas Cummings Kilmer Pocan Coffman Griffith (VA) Matheson Ellison McDermott Van Hollen Davis, Danny Kind Polis Cole Grimm McCarthy (CA) Engel McGovern Vargas DeFazio Kirkpatrick Price (NC) Collins (GA) Guthrie McCaul Enyart McNerney Veasey DeGette Kuster Quigley Collins (NY) Hall McClintock Eshoo Meng Vela Delaney Langevin Rahall Conaway Hanna McHenry Esty Michaud Vela´ zquez DeLauro Larsen (WA) Rangel Cook Harper McIntyre Farr Miller, George Walz DelBene Larson (CT) Richmond Cotton Harris McKeon Fattah Moore Wasserman Deutch Lee (CA) Roybal-Allard Cramer Hartzler McKinley Foster Moran Schultz Dingell Levin Ruiz Crawford Hastings (WA) McMorris Frankel (FL) Murphy (FL) Waters Doggett Lewis Ruppersberger Crenshaw Heck (NV) Rodgers Fudge Nadler Watt Doyle Lipinski Ryan (OH) Culberson Hensarling Meadows Gabbard Napolitano Waxman Duckworth Loebsack Sa´ nchez, Linda Daines Herrera Beutler Meehan Gallego Neal Welch Edwards Lofgren T. Davis, Rodney Holding Messer Garamendi Negrete McLeod Wilson (FL) Ellison Lowenthal Sanchez, Loretta Denham Hudson Mica Garcia Nolan Yarmuth

VerDate Mar 15 2010 05:32 Sep 29, 2013 Jkt 029060 PO 00000 Frm 00060 Fmt 0636 Sfmt 0634 E:\CR\FM\A28SE7.014 H28SEPT1 smartinez on DSK6TPTVN1PROD with HOUSE September 28, 2013 CONGRESSIONAL RECORD — HOUSE H5985 NOT VOTING—9 Goodlatte Maloney, Ruiz NOT VOTING—11 Gosar Carolyn Runyan Davis (CA) Meeks Ros-Lehtinen Davis (CA) McCarthy (NY) Ros-Lehtinen Gowdy Maloney, Sean Ruppersberger Holt Pelosi Rush Grijalva Meeks Granger Marchant Ryan (OH) Rush McCarthy (NY) Rohrabacher Visclosky Holt Pelosi Graves (GA) Marino Ryan (WI) Visclosky LaMalfa Rohrabacher ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE Graves (MO) Matheson Salmon Grayson Matsui Sa´ nchez, Linda b 2132 The SPEAKER pro tempore (during Green, Al McCarthy (CA) T. the vote). There are 2 minutes remain- Green, Gene McCaul Sanchez, Loretta So (two-thirds being in the affirma- ing. Griffin (AR) McClintock Sarbanes tive) the rules were suspended and the Griffith (VA) McCollum Scalise bill, as amended, was passed. b 2125 Grimm McDermott Schakowsky Guthrie McGovern Schiff The result of the vote was announced So the resolution was agreed to. Gutie´rrez McHenry Schneider as above recorded. The result of the vote was announced Hahn McIntyre Schock The title of the bill was amended so as above recorded. Hall McKeon Schrader Hanabusa McKinley Schwartz as to read: ‘‘A bill to designate the A motion to reconsider was laid on Hanna McMorris Schweikert United States courthouse and Federal the table. Harper Rodgers Scott (VA) building located at 118 South Mill Harris McNerney Scott, Austin Street, in Fergus Falls, Minnesota, as f Hartzler Meadows Scott, David Hastings (FL) Meehan Sensenbrenner the ‘Edward J. Devitt United States EDWARD J. DEVITT UNITED Hastings (WA) Meng Serrano Courthouse and Federal Building’.’’. STATES COURTHOUSE Heck (NV) Messer Sessions A motion to reconsider was laid on Heck (WA) Mica Sewell (AL) the table. The SPEAKER pro tempore (Mr. Hensarling Michaud Shea-Porter WOMACK). The unfinished business is Herrera Beutler Miller (FL) Sherman f the vote on the motion to suspend the Higgins Miller (MI) Shimkus Himes Miller, Gary CONTINUING APPROPRIATIONS rules and pass the bill (H.R. 2251) to Shuster Hinojosa Miller, George Simpson RESOLUTION, 2014 designate the United States courthouse Holding Moore Sinema located at 118 South Mill Street, in Honda Moran Sires Mr. ROGERS of Kentucky. Mr. Horsford Mullin Slaughter Speaker, pursuant to House Resolution Fergus Falls, Minnesota, as the ‘‘Ed- Hoyer Mulvaney ward J. Devitt United States Court- Smith (MO) 366, I call up the joint resolution (H.J. Hudson Murphy (FL) Smith (NE) Huelskamp Murphy (PA) Res. 59) making continuing appropria- house’’, as amended, on which the yeas Smith (NJ) Huffman Nadler and nays were ordered. Smith (TX) tions for fiscal year 2014, and for other Huizenga (MI) Napolitano Smith (WA) purposes, with a Senate amendment The Clerk read the title of the bill. Hultgren Neal Southerland Hunter Negrete McLeod thereto, and ask for its immediate con- The SPEAKER pro tempore. The Speier Hurt Neugebauer question is on the motion offered by Stewart sideration. Israel Noem Stivers The Clerk read the title of the bill. the gentleman from Pennsylvania (Mr. Issa Nolan Stockman BARLETTA) that the House suspend the Jackson Lee Nugent The SPEAKER pro tempore (Mr. Stutzman Jeffries Nunes HASTINGS of Washington). The Clerk rules and pass the bill, as amended. Swalwell (CA) Jenkins Nunnelee This is a 5-minute vote. Takano will designate the Senate amendment. Johnson (OH) O’Rourke The text of the Senate amendment is The vote was taken by electronic de- Johnson, E. B. Olson Terry vice, and there were—yeas 416, nays 4, Johnson, Sam Owens Thompson (CA) as follows: Jones Palazzo Thompson (MS) not voting 11, as follows: Thompson (PA) Strike all after the first word and insert Jordan Pallone the following: [Roll No. 496] Joyce Pascrell Thornberry Tiberi YEAS—416 Kaptur Pastor (AZ) the following sums are hereby appropriated, out Keating Paulsen Tierney of any money in the Treasury not otherwise ap- Aderholt Capuano Dent Kelly (IL) Payne Tipton propriated, and out of applicable corporate or Amash Ca´ rdenas DeSantis Kelly (PA) Pearce Titus other revenues, receipts, and funds, for the sev- Amodei Carney DesJarlais Kennedy Perlmutter Tonko Andrews Carson (IN) Deutch Tsongas eral departments, agencies, corporations, and Kildee Perry other organizational units of Government for Bachmann Carter Diaz-Balart Kilmer Peters (CA) Turner Bachus Cartwright Dingell Kind Peters (MI) Upton fiscal year 2014, and for other purposes, namely: Barber Cassidy Doggett King (IA) Peterson Valadao SEC. 101. (a) Such amounts as may be nec- Barletta Castor (FL) Doyle King (NY) Petri Van Hollen essary, at a rate for operations as provided in Barr Castro (TX) Duckworth Kingston Pingree (ME) Vargas the applicable appropriations Acts for fiscal Barrow (GA) Chabot Duffy Kinzinger (IL) Pittenger Veasey Barton Chaffetz Duncan (SC) year 2013 and under the authority and condi- Kirkpatrick Pitts Vela tions provided in such Acts, for continuing Bass Chu Duncan (TN) Vela´ zquez Kline Pocan projects or activities (including the costs of di- Beatty Cicilline Edwards Kuster Poe (TX) Wagner Becerra Clarke Ellison Labrador Polis Walberg rect loans and loan guarantees) that are not Benishek Clay Ellmers Lamborn Pompeo Walden otherwise specifically provided for in this joint Bentivolio Cleaver Engel Lance Posey Walorski resolution, that were conducted in fiscal year Bera (CA) Clyburn Enyart Langevin Price (GA) Walz 2013, and for which appropriations, funds, or Bilirakis Coble Eshoo Lankford Price (NC) Wasserman Bishop (GA) Coffman Esty other authority were made available in the fol- Larsen (WA) Quigley Schultz lowing appropriations Acts: Bishop (NY) Cohen Farenthold Waters Larson (CT) Radel (1) The Agriculture, Rural Development, Food Bishop (UT) Cole Farr Latham Rahall Watt Black Collins (GA) Fattah Latta Rangel Waxman and Drug Administration, and Related Agencies Blackburn Collins (NY) Fincher Lee (CA) Reed Weber (TX) Appropriations Act, 2013 (division A of Public Blumenauer Conaway Fitzpatrick Levin Reichert Webster (FL) Law 113–6), except section 735. Bonamici Connolly Fleischmann Lewis Renacci Welch (2) The Commerce, Justice, Science, and Re- Boustany Conyers Fleming Lipinski Ribble Wenstrup lated Agencies Appropriations Act, 2013 (divi- Brady (PA) Cook Flores LoBiondo Rice (SC) Westmoreland Brady (TX) Cooper Forbes sion B of Public Law 113–6). Loebsack Richmond Whitfield (3) The Department of Defense Appropriations Braley (IA) Costa Fortenberry Lofgren Rigell Williams Bridenstine Cotton Foster Long Roby Wilson (FL) Act, 2013 (division C of Public Law 113–6). Brooks (AL) Courtney Foxx Lowenthal Roe (TN) Wilson (SC) (4) The Department of Homeland Security Ap- Brooks (IN) Cramer Frankel (FL) Lowey Rogers (AL) Wittman propriations Act, 2013 (division D of Public Law Broun (GA) Crawford Franks (AZ) Lucas Rogers (KY) Wolf 113–6). Brown (FL) Crenshaw Frelinghuysen Luetkemeyer Rogers (MI) Womack (5) The Military Construction and Veterans Brownley (CA) Crowley Fudge Lujan Grisham Rokita Woodall Buchanan Cuellar Gabbard Affairs, and Related Agencies Appropriations (NM) Rooney Yarmuth Act, 2013 (division E of Public Law 113–6). Bucshon Culberson Gallego Luja´ n, Ben Ray Roskam Yoder Burgess Cummings Garamendi (NM) Ross Yoho (6) The Full-Year Continuing Appropriations Bustos Daines Garcia Lummis Rothfus Young (AK) Act, 2013 (division F of Public Law 113–6). Butterfield Davis, Danny Gardner Lynch Roybal-Allard Young (FL) (b) The rate for operations provided by sub- Calvert Davis, Rodney Garrett Maffei Royce Young (IN) section (a) for each account shall be calculated Camp DeFazio Gerlach to reflect the full amount of any reduction re- Campbell DeGette Gibbs NAYS—4 Cantor Delaney Gibson quired in fiscal year 2013 pursuant to— Capito DeLauro Gingrey (GA) Denham Massie (1) any provision of division G of the Consoli- Capps DelBene Gohmert Johnson (GA) Sanford dated and Further Continuing Appropriations

VerDate Mar 15 2010 06:10 Sep 29, 2013 Jkt 029060 PO 00000 Frm 00061 Fmt 0636 Sfmt 6333 E:\CR\FM\A28SE7.015 H28SEPT1 smartinez on DSK6TPTVN1PROD with HOUSE H5986 CONGRESSIONAL RECORD — HOUSE September 28, 2013 Act, 2013 (Public Law 113–6), including section distribution shall not be made, and no grants tional Oceanic and Atmospheric Administra- 3004; and shall be awarded for such programs funded by tion—Procurement, Acquisition and Construc- (2) the Presidential sequestration order dated this joint resolution that would impinge on final tion’’ may be apportioned up to the rate for op- March 1, 2013, except as attributable to budget funding prerogatives. erations necessary to maintain the planned authority made available by— SEC. 110. This joint resolution shall be imple- launch schedules for the Joint Polar Satellite (A) sections 140(b) or 141(b) of the Continuing mented so that only the most limited funding ac- System and the Geostationary Operational En- Appropriations Resolution, 2013 (Public Law tion of that permitted in the joint resolution vironmental Satellite system. 112–175); or shall be taken in order to provide for continu- SEC. 118. The authority provided by sections (B) the Disaster Relief Appropriations Act, ation of projects and activities. 1205 and 1206 of the National Defense Author- 2013 (Public Law 113–2). SEC. 111. (a) For entitlements and other man- ization Act for Fiscal Year 2012 (Public Law SEC. 102. (a) No appropriation or funds made datory payments whose budget authority was 112–81) shall continue in effect, notwithstanding available or authority granted pursuant to sec- provided in appropriations Acts for fiscal year subsection (h) of section 1206, through the ear- tion 101 for the Department of Defense shall be 2013, and for activities under the Food and Nu- lier of the date specified in section 106(3) of this used for: (1) the new production of items not trition Act of 2008, activities shall be continued joint resolution or the date of the enactment of funded for production in fiscal year 2013 or at the rate to maintain program levels under an Act authorizing appropriations for fiscal prior years; (2) the increase in production rates current law, under the authority and conditions year 2014 for military activities of the Depart- above those sustained with fiscal year 2013 provided in the applicable appropriations Act ment of Defense. funds; or (3) the initiation, resumption, or con- for fiscal year 2013, to be continued through the SEC. 119. Section 14704 of title 40, United tinuation of any project, activity, operation, or date specified in section 106(3). States Code, shall be applied to amounts made organization (defined as any project, subproject, (b) Notwithstanding section 106, obligations available by this joint resolution by substituting activity, budget activity, program element, and for mandatory payments due on or about the the date specified in section 106(3) of this joint subprogram within a program element, and for first day of any month that begins after October resolution for ‘‘October 1, 2012’’. any investment items defined as a P–1 line item 2013 but not later than 30 days after the date SEC. 120. Notwithstanding any other provision in a budget activity within an appropriation ac- specified in section 106(3) may continue to be of this joint resolution, except section 106, the count and an R–1 line item that includes a pro- made, and funds shall be available for such District of Columbia may expend local funds gram element and subprogram element within payments. under the heading ‘‘District of Columbia an appropriation account) for which appropria- SEC. 112. Amounts made available under sec- Funds’’ for such programs and activities under tions, funds, or other authority were not avail- tion 101 for civilian personnel compensation and title IV of H.R. 2786 (113th Congress), as re- benefits in each department and agency may be able during fiscal year 2013. ported by the Committee on Appropriations of (b) No appropriation or funds made available apportioned up to the rate for operations nec- the House of Representatives, at the rate set or authority granted pursuant to section 101 for essary to avoid furloughs within such depart- forth under ‘‘District of Columbia Funds—Sum- the Department of Defense shall be used to ini- ment or agency, consistent with the applicable mary of Expenses’’ as included in the Fiscal tiate multi-year procurements utilizing advance appropriations Act for fiscal year 2013, except Year 2014 Budget Request Act of 2013 (D.C. Act that such authority provided under this section procurement funding for economic order quan- 20–127), as modified as of the date of the enact- shall not be used until after the department or tity procurement unless specifically appro- ment of this joint resolution. agency has taken all necessary actions to re- SEC. 121. Notwithstanding section 101, priated later. duce or defer non-personnel-related administra- amounts are provided for ‘‘The Judiciary— SEC. 103. Appropriations made by section 101 shall be available to the extent and in the man- tive expenses. Courts of Appeals, District Courts, and Other SEC. 113. Funds appropriated by this joint res- Judicial Services—Defender Services’’ at a rate ner that would be provided by the pertinent ap- olution may be obligated and expended notwith- for operations of $1,012,000,000. propriations Act. standing section 10 of Public Law 91–672 (22 SEC. 122. For the period covered by this joint SEC. 104. Except as otherwise provided in sec- U.S.C. 2412), section 15 of the State Department resolution, section 550(b) of Public Law 109–295 tion 102, no appropriation or funds made avail- Basic Authorities Act of 1956 (22 U.S.C. 2680), (6 U.S.C. 121 note) shall be applied by sub- able or authority granted pursuant to section section 313 of the Foreign Relations Authoriza- stituting the date specified in section 106(3) of 101 shall be used to initiate or resume any tion Act, Fiscal Years 1994 and 1995 (22 U.S.C. this joint resolution for ‘‘October 4, 2013’’. project or activity for which appropriations, 6212), and section 504(a)(1) of the National Se- SEC. 123. The authority provided by section funds, or other authority were not available curity Act of 1947 (50 U.S.C. 3094(a)(1)). 532 of Public Law 109–295 shall continue in ef- during fiscal year 2013. SEC. 114. (a) Each amount incorporated by fect through the date specified in section 106(3) SEC. 105. Appropriations made and authority reference in this joint resolution that was pre- of this joint resolution. granted pursuant to this joint resolution shall viously designated by the Congress for Overseas SEC. 124. The authority provided by section cover all obligations or expenditures incurred Contingency Operations/Global War on Ter- 831 of the Homeland Security Act of 2002 (6 for any project or activity during the period for rorism pursuant to section 251(b)(2)(A) of the U.S.C. 391) shall continue in effect through the which funds or authority for such project or ac- Balanced Budget and Emergency Deficit Con- date specified in section 106(3) of this joint reso- tivity are available under this joint resolution. trol Act of 1985 or as being for disaster relief lution. SEC. 106. Unless otherwise provided for in this pursuant to section 251(b)(2)(D) of such Act is SEC. 125. (a) Any amounts made available joint resolution or in the applicable appropria- designated by the Congress for Overseas Contin- pursuant to section 101 for ‘‘Department of tions Act for fiscal year 2014, appropriations gency Operations/Global War on Terrorism pur- Homeland Security—U.S. Customs and Border and funds made available and authority grant- suant to section 251(b)(2)(A) of such Act or as Protection—Salaries and Expenses’’, ‘‘Depart- ed pursuant to this joint resolution shall be being for disaster relief pursuant to section ment of Homeland Security—U.S. Customs and available until whichever of the following first 251(b)(2)(D) of such Act, respectively. Border Protection—Border Security Fencing, In- occurs: (1) the enactment into law of an appro- (b) Of the amounts made available by section frastructure, and Technology’’, and ‘‘Depart- priation for any project or activity provided for 101 for ‘‘Social Security Administration, Limita- ment of Homeland Security—U.S. Immigration in this joint resolution; (2) the enactment into tion on Administrative Expenses’’ for the cost and Customs Enforcement—Salaries and Ex- law of the applicable appropriations Act for fis- associated with continuing disability reviews penses’’ shall be obligated at a rate for oper- cal year 2014 without any provision for such under titles II and XVI of the Social Security ations as necessary to respectively— project or activity; or (3) November 15, 2013. Act and for the cost associated with conducting (1) sustain the staffing levels of U.S. Customs SEC. 107. Expenditures made pursuant to this redeterminations of eligibility under title XVI of and Border Protection Officers, equivalent to joint resolution shall be charged to the applica- the Social Security Act, $273,000,000 is provided the staffing levels achieved on September 30, ble appropriation, fund, or authorization when- to meet the terms of section 251(b)(2)(B)(ii)(III) 2013, and comply with the last proviso under the ever a bill in which such applicable appropria- of the Balanced Budget and Emergency Deficit heading ‘‘Department of Homeland Security— tion, fund, or authorization is contained is en- Control Act of 1985, as amended, and U.S. Customs and Border Protection—Salaries acted into law. $469,639,000 is additional new budget authority and Expenses’’ in division D of Public Law 113– SEC. 108. Appropriations made and funds specified for purposes of section 251(b)(2)(B) of 6; made available by or authority granted pursu- such Act. (2) sustain border security operations, includ- ant to this joint resolution may be used without (c) Section 5 of Public Law 113–6 shall apply ing sustaining the operation of Tethered Aero- regard to the time limitations for submission and to amounts designated in subsection (a) for stat Radar Systems; and approval of apportionments set forth in section Overseas Contingency Operations/Global War (3) sustain the staffing levels of U.S. Immigra- 1513 of title 31, United States Code, but nothing on Terrorism. tion and Customs Enforcement agents, equiva- in this joint resolution may be construed to SEC. 115. Section 3003 of division G of Public lent to the staffing levels achieved on September waive any other provision of law governing the Law 113–6 shall be applied to funds appro- 30, 2013, and comply with the sixth proviso apportionment of funds. priated by this joint resolution by substituting under the heading ‘‘Department of Homeland SEC. 109. Notwithstanding any other provision ‘‘fiscal year 2014’’ for ‘‘fiscal year 2013’’ each Security—U.S. Immigration and Customs En- of this joint resolution, except section 106, for place it appears. forcement—Salaries and Expenses’’ in division those programs that would otherwise have high SEC. 116. Section 408 of the Food for Peace Act D of Public Law 113–6. initial rates of operation or complete distribu- (7 U.S.C. 1736b) shall be applied by substituting (b) The Secretary of Homeland Security shall tion of appropriations at the beginning of fiscal the date specified in section 106(3) of this joint notify the Committees on Appropriations of the year 2014 because of distributions of funding to resolution for ‘‘December 31, 2012’’. House of Representatives and the Senate on States, foreign countries, grantees, or others, SEC. 117. Amounts made available under sec- each use of the authority provided in this sec- such high initial rates of operation or complete tion 101 for ‘‘Department of Commerce—Na- tion.

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SEC. 126. In addition to the amount otherwise obligated at a rate necessary to assure timely SEC. 109. Notwithstanding any other provi- provided by section 101 for ‘‘Department of the execution of planned advanced research and de- sion of this joint resolution, except section Interior—Department-wide Programs—Wildland velopment contracts pursuant to section 319L of 106, for those programs that would otherwise Fire Management’’, there is appropriated the Public Health Service Act, to remain avail- have high initial rates of operation or com- $36,000,000 for an additional amount for fiscal able until expended, for expenses necessary to plete distribution of appropriations at the year 2014, to remain available until expended, support advanced research and development beginning of fiscal year 2014 because of dis- for urgent wildland fire suppression activities: pursuant to section 319L of the Public Health tributions of funding to States, foreign coun- Provided, That of the funds provided, Service Act (42 U.S.C. 247d–7e) and other admin- tries, grantees, or others, such high initial $15,000,000 is for burned area rehabilitation: istrative expenses of the Biomedical Advanced rates of operation or complete distribution Provided further, That such funds shall only Research and Development Authority. shall not be made, and no grants shall be become available if funds previously provided SEC. 135. Notwithstanding any other provision awarded for such programs funded by this for wildland fire suppression will be exhausted of this joint resolution, there is appropriated for joint resolution that would impinge on final imminently and the Secretary of the Interior no- payment to Bonnie Englebardt Lautenberg, funding prerogatives. tifies the Committees on Appropriations of the widow of Frank R. Lautenberg, late a Senator SEC. 110. This joint resolution shall be im- House of Representatives and the Senate in from New Jersey, $174,000. plemented so that only the most limited writing of the need for these additional funds: SEC. 136. Notwithstanding section 101, funding action of that permitted in the joint Provided further, That such funds are also amounts are provided for ‘‘Department of Vet- resolution shall be taken in order to provide available for transfer to other appropriations erans Affairs—Departmental Administration— for continuation of projects and activities. accounts to repay amounts previously trans- General Operating Expenses, Veterans Benefits SEC. 111. (a) For entitlements and other ferred for wildfire suppression. Administration’’ at a rate for operations of mandatory payments whose budget author- SEC. 127. In addition to the amount otherwise $2,455,490,000. ity was provided in appropriations Acts for provided by section 101 for ‘‘Department of Agri- SEC. 137. The authority provided by the pe- fiscal year 2013, and for activities under the culture—Forest Service—Wildland Fire Manage- nultimate proviso under the heading ‘‘Depart- Food and Nutrition Act of 2008, activities ment’’, there is appropriated $600,000,000 for an ment of Housing and Urban Development— shall be continued at the rate to maintain additional amount for fiscal year 2014, to re- Rental Assistance Demonstration’’ in division C program levels under current law, under the main available until expended, for urgent of Public Law 112–55 shall continue in effect authority and conditions provided in the ap- wildland fire suppression activities: Provided, through the date specified in section 106(3) of plicable appropriations Act for fiscal year That such funds shall only become available if this joint resolution. 2013, to be continued through the date speci- funds previously provided for wildland fire sup- This joint resolution may be cited as the fied in section 106(3). pression will be exhausted imminently and the ‘‘Continuing Appropriations Resolution, 2014’’. (b) Notwithstanding section 106, obliga- tions for mandatory payments due on or Secretary of Agriculture notifies the Committees MOTION OFFERED BY MR. ROGERS OF KENTUCKY about the first day of any month that begins on Appropriations of the House of Representa- Mr. ROGERS of Kentucky. Mr. tives and the Senate in writing of the need for after October 2013 but not later than 30 days these additional funds: Provided further, That Speaker, I have a motion at the desk. after the date specified in section 106(3) may such funds are also available for transfer to The SPEAKER pro tempore. The continue to be made, and funds shall be other appropriations accounts to repay amounts Clerk will designate the motion. available for such payments. previously transferred for wildfire suppression. The text of the motion is as follows: SEC. 112. Amounts made available under SEC. 128. The authority provided by section section 101 for civilian personnel compensa- Mr. ROGERS of Kentucky moves that the 347 of the Department of the Interior and Re- tion and benefits in each department and lated Agencies Appropriations Act, 1999 (as con- House concur in the Senate amendment to agency may be apportioned up to the rate for tained in section 101(e) of division A of Public House Joint Resolution 59 with each of the operations necessary to avoid furloughs Law 105–277; 16 U.S.C. 2104 note) shall continue two amendments printed in House Report within such department or agency, con- in effect through the date specified in section 113–238. sistent with the applicable appropriations 106(3) of this joint resolution. The text of House amendment No. 1 Act for fiscal year 2013, except that such au- SEC. 129. The authority provided by sub- to the Senate amendment to the text is thority provided under this section shall not section (m)(3) of section 8162 of the Department as follows: be used until after the department or agency of Defense Appropriations Act, 2000 (40 U.S.C. has taken all necessary actions to reduce or 8903 note; Public Law 106–79), as amended, shall In the matter proposed to be inserted by defer non-personnel-related administrative continue in effect through the date specified in the Senate amendment, strike section 105 expenses. section 106(3) of this joint resolution. and all that follows through section 129 and SEC. 113. Funds appropriated by this joint SEC. 130. Activities authorized under part A of insert the following (renumbering succeeding resolution may be obligated and expended title IV and section 1108(b) of the Social Secu- sections accordingly): notwithstanding section 10 of Public Law 91– rity Act (except for activities authorized in sec- SEC. 105. Appropriations made and author- 672 (22 U.S.C. 2412), section 15 of the State tion 403(b)) shall continue through the date ity granted pursuant to this joint resolution Department Basic Authorities Act of 1956 (22 specified in section 106(3) of this joint resolution shall cover all obligations or expenditures U.S.C. 2680), section 313 of the Foreign Rela- in the manner authorized for fiscal year 2013, incurred for any project or activity during tions Authorization Act, Fiscal Years 1994 and out of any money in the Treasury of the the period for which funds or authority for and 1995 (22 U.S.C. 6212), and section 504(a)(1) United States not otherwise appropriated, there such project or activity are available under of the National Security Act of 1947 (50 are hereby appropriated such sums as may be this joint resolution. U.S.C. 3094(a)(1)). necessary for such purpose. SEC. 106. Unless otherwise provided for in SEC. 114. (a) Each amount incorporated by SEC. 131. Notwithstanding section 101, the this joint resolution or in the applicable ap- reference in this joint resolution that was matter under the heading ‘‘Department of propriations Act for fiscal year 2014, appro- previously designated by the Congress for Labor—Mine Safety and Health Administra- priations and funds made available and au- Overseas Contingency Operations/Global War tion—Salaries and Expenses’’ in division F of thority granted pursuant to this joint resolu- on Terrorism pursuant to section 251(b)(2)(A) Public Law 112–74 shall be applied to funds ap- tion shall be available until whichever of the of the Balanced Budget and Emergency Def- propriated by this joint resolution by sub- following first occurs: (1) the enactment into icit Control Act of 1985 or as being for dis- stituting ‘‘is authorized to collect and retain up law of an appropriation for any project or ac- aster relief pursuant to section 251(b)(2)(D) of to $2,499,000’’ for ‘‘may retain up to $1,499,000’’. tivity provided for in this joint resolution; such Act is designated by the Congress for SEC. 132. The first proviso under the heading (2) the enactment into law of the applicable Overseas Contingency Operations/Global War ‘‘Department of Health and Human Services— appropriations Act for fiscal year 2014 with- on Terrorism pursuant to section 251(b)(2)(A) Administration for Children and Families—Low out any provision for such project or activ- of such Act or as being for disaster relief Income Home Energy Assistance’’ in division F ity; or (3) December 15, 2013. pursuant to section 251(b)(2)(D) of such Act, of Public Law 112–74 shall be applied to SEC. 107. Expenditures made pursuant to respectively. amounts made available by this joint resolution this joint resolution shall be charged to the (b) Of the amounts made available by sec- by substituting ‘‘2014’’ for ‘‘2012’’. applicable appropriation, fund, or authoriza- tion 101 for ‘‘Social Security Administration, SEC. 133. Amounts provided by section 101 for tion whenever a bill in which such applicable Limitation on Administrative Expenses’’ for ‘‘Department of Health and Human Services— appropriation, fund, or authorization is con- the cost associated with continuing dis- Administration for Children and Families—Ref- tained is enacted into law. ability reviews under titles II and XVI of the ugee and Entrant Assistance’’ may be obligated SEC. 108. Appropriations made and funds Social Security Act and for the cost associ- up to a rate for operations necessary to main- made available by or authority granted pur- ated with conducting redeterminations of tain program operations at the level provided in suant to this joint resolution may be used eligibility under title XVI of the Social Se- fiscal year 2013, as necessary to accommodate without regard to the time limitations for curity Act, $273,000,000 is provided to meet increased demand. submission and approval of apportionments the terms of section 251(b)(2)(B)(ii)(III) of the SEC. 134. During the period covered by this set forth in section 1513 of title 31, United Balanced Budget and Emergency Deficit joint resolution, amounts provided under section States Code, but nothing in this joint resolu- Control Act of 1985, as amended, and 101 for ‘‘Department of Health and Human tion may be construed to waive any other $469,639,000 is additional new budget author- Services—Office of the Secretary—Public Health provision of law governing the apportion- ity specified for purposes of section and Social Services Emergency Fund’’ may be ment of funds. 251(b)(2)(B) of such Act.

VerDate Mar 15 2010 05:30 Sep 29, 2013 Jkt 029060 PO 00000 Frm 00063 Fmt 0636 Sfmt 0634 E:\CR\FM\A28SE7.017 H28SEPT1 smartinez on DSK6TPTVN1PROD with HOUSE H5988 CONGRESSIONAL RECORD — HOUSE September 28, 2013 (c) Section 5 of Public Law 113–6 shall tember 30, 2013, and comply with the last principal aliens who may be provided special apply to amounts designated in subsection proviso under the heading ‘‘Department of immigrant status under this section in fiscal (a) for Overseas Contingency Operations/ Homeland Security—U.S. Customs and Bor- year 2014 during the period ending on Decem- Global War on Terrorism. der Protection—Salaries and Expenses’’ in ber 15, 2013 shall be the sum of— SEC. 115. Section 3003 of division G of Pub- division D of Public Law 113–6; ‘‘(I) the number of aliens described in sub- lic Law 113–6 shall be applied to funds appro- (2) sustain border security operations, in- section (b) whose application for special im- priated by this joint resolution by sub- cluding sustaining the operation of Tethered migrant status under this section is pending stituting ‘‘fiscal year 2014’’ for ‘‘fiscal year Aerostat Radar Systems; and on September 30, 2013; and 2013’’ each place it appears. (3) sustain the staffing levels of U.S. Immi- ‘‘(II) 2,000. SEC. 116. Section 408 of the Food for Peace gration and Customs Enforcement agents, ‘‘(ii) EMPLOYMENT PERIOD.—The 1-year pe- Act (7 U.S.C. 1736b) shall be applied by sub- equivalent to the staffing levels achieved on riod during which the principal alien is re- stituting the date specified in section 106(3) September 30, 2013, and comply with the quired to have been employed by or on behalf of this joint resolution for ‘‘December 31, sixth proviso under the heading ‘‘Depart- of the United States Government in Iraq 2012’’. ment of Homeland Security—U.S. Immigra- under subsection (b)(1)(B) shall begin on or SEC. 117. Amounts made available under tion and Customs Enforcement—Salaries and after March 20, 2003, and end on or before section 101 for ‘‘Department of Commerce— Expenses’’ in division D of Public Law 113–6. September 30, 2013. National Oceanic and Atmospheric Adminis- (b) The Secretary of Homeland Security ‘‘(iii) APPLICATION DEADLINE.—The prin- tration—Procurement, Acquisition and Con- shall notify the Committees on Appropria- cipal alien seeking special immigrant status struction’’ may be apportioned up to the rate tions of the House of Representatives and under this subparagraph shall apply to the for operations necessary to maintain the the Senate on each use of the authority pro- Chief of Mission in accordance with sub- planned launch schedules for the Joint Polar vided in this section. section (b)(4) not later than December 15, Satellite System and the Geostationary SEC. 126. In addition to the amount other- 2013.’’. Operational Environmental Satellite system. wise provided by section 101 for ‘‘Department SEC. 131. (a) REPEAL OF MEDICAL DEVICE SEC. 118. The authority provided by sec- of the Interior—Department-wide Pro- EXCISE TAX.—Chapter 32 of the Internal Rev- tions 1205 and 1206 of the National Defense grams—Wildland Fire Management’’, there enue Code of 1986 is amended by striking sub- Authorization Act for Fiscal Year 2012 (Pub- is appropriated $36,000,000 for an additional chapter E. lic Law 112–81) shall continue in effect, not- amount for fiscal year 2014, to remain avail- (b) CONFORMING AMENDMENTS.—(1) Sub- withstanding subsection (h) of section 1206, able until expended, for urgent wildland fire section (a) of section 4221 of such Code is through the earlier of the date specified in suppression activities: Provided, That of the amended by striking the last sentence. section 106(3) of this joint resolution or the funds provided, $15,000,000 is for burned area (2) Paragraph (2) of section 6416(b) of such date of the enactment of an Act authorizing rehabilitation: Provided further, That such Code is amended by striking the last sen- appropriations for fiscal year 2014 for mili- funds shall only become available if funds tence. tary activities of the Department of Defense. previously provided for wildland fire suppres- (3) The table of subchapters for chapter 32 SEC. 119. Section 14704 of title 40, United sion will be exhausted imminently and the of such Code is amended by striking the item States Code, shall be applied to amounts Secretary of the Interior notifies the Com- relating to subchapter E. made available by this joint resolution by mittees on Appropriations of the House of (c) EFFECTIVE DATE.—The amendments substituting the date specified in section Representatives and the Senate in writing of made by this section shall apply to sales 106(3) of this joint resolution for ‘‘October 1, the need for these additional funds: Provided after the date of the enactment of this joint 2012’’. further, That such funds are also available resolution. SEC. 120. Notwithstanding any other provi- for transfer to other appropriations accounts The text of House amendment No. 2 sion of this joint resolution, except section to repay amounts previously transferred for 106, the District of Columbia may expend to the Senate amendment to the text is wildfire suppression. as follows: local funds under the heading ‘‘District of SEC. 127. In addition to the amount other- Columbia Funds’’ for such programs and ac- wise provided by section 101 for ‘‘Department In the matter proposed to be inserted by tivities under title IV of H.R. 2786 (113th Con- of Agriculture—Forest Service—Wildland the Senate amendment, strike section 106 gress), as reported by the Committee on Ap- Fire Management’’, there is appropriated and all that follows through section 129 and propriations of the House of Representatives, $600,000,000 for an additional amount for fis- insert the following (renumbering succeeding at the rate set forth under ‘‘District of Co- cal year 2014, to remain available until ex- sections accordingly): lumbia Funds—Summary of Expenses’’ as in- pended, for urgent wildland fire suppression SEC. 106. Unless otherwise provided for in cluded in the Fiscal Year 2014 Budget Re- activities: Provided, That such funds shall this joint resolution or in the applicable ap- quest Act of 2013 (D.C. Act 20–127), as modi- only become available if funds previously propriations Act for fiscal year 2014, appro- fied as of the date of the enactment of this provided for wildland fire suppression will be priations and funds made available and au- joint resolution. exhausted imminently and the Secretary of thority granted pursuant to this joint resolu- SEC. 121. Notwithstanding section 101, Agriculture notifies the Committees on Ap- tion shall be available until whichever of the amounts are provided for ‘‘The Judiciary— propriations of the House of Representatives following first occurs: (1) the enactment into Courts of Appeals, District Courts, and Other and the Senate in writing of the need for law of an appropriation for any project or ac- Judicial Services—Defender Services’’ at a these additional funds: Provided further, That tivity provided for in this joint resolution; rate for operations of $1,012,000,000. such funds are also available for transfer to (2) the enactment into law of the applicable SEC. 122. For the period covered by this other appropriations accounts to repay appropriations Act for fiscal year 2014 with- joint resolution, section 550(b) of Public Law amounts previously transferred for wildfire out any provision for such project or activ- 109–295 (6 U.S.C. 121 note) shall be applied by suppression. ity; or (3) December 15, 2013. substituting the date specified in section SEC. 128. The authority provided by section SEC. 107. Expenditures made pursuant to 106(3) of this joint resolution for ‘‘October 4, 347 of the Department of the Interior and Re- this joint resolution shall be charged to the 2013’’. lated Agencies Appropriations Act, 1999 (as applicable appropriation, fund, or authoriza- SEC. 123. The authority provided by section contained in section 101(e) of division A of tion whenever a bill in which such applicable 532 of Public Law 109–295 shall continue in ef- Public Law 105–277; 16 U.S.C. 2104 note) shall appropriation, fund, or authorization is con- fect through the date specified in section continue in effect through the date specified tained is enacted into law. 106(3) of this joint resolution. in section 106(3) of this joint resolution. SEC. 108. Appropriations made and funds SEC. 124. The authority provided by section SEC. 129. (a) The authority provided by sub- made available by or authority granted pur- 831 of the Homeland Security Act of 2002 (6 section (m)(3) of section 8162 of the Depart- suant to this joint resolution may be used U.S.C. 391) shall continue in effect through ment of Defense Appropriations Act, 2000 (40 without regard to the time limitations for the date specified in section 106(3) of this U.S.C. 8903 note; Public Law 106–79), as submission and approval of apportionments joint resolution. amended, shall continue in effect through set forth in section 1513 of title 31, United SEC. 125. (a) Any amounts made available the date specified in section 106(3) of this States Code, but nothing in this joint resolu- pursuant to section 101 for ‘‘Department of joint resolution. tion may be construed to waive any other Homeland Security—U.S. Customs and Bor- (b) For the period covered by this joint res- provision of law governing the apportion- der Protection—Salaries and Expenses’’, olution, the authority provided by the pro- ment of funds. ‘‘Department of Homeland Security—U.S. visos under the heading ‘‘Dwight D. Eisen- SEC. 109. Notwithstanding any other provi- Customs and Border Protection—Border Se- hower Memorial Commission—Capital Con- sion of this joint resolution, except section curity Fencing, Infrastructure, and Tech- struction’’ in division E of Public Law 112–74 106, for those programs that would otherwise nology’’, and ‘‘Department of Homeland Se- shall not be in effect. have high initial rates of operation or com- curity—U.S. Immigration and Customs En- SEC. 130. Section 1244(c)(3) of the National plete distribution of appropriations at the forcement—Salaries and Expenses’’ shall be Defense Authorization Act for Fiscal Year beginning of fiscal year 2014 because of dis- obligated at a rate for operations as nec- 2008 (8 U.S.C. 1157 note) is amended by adding tributions of funding to States, foreign coun- essary to respectively— at the end the following: tries, grantees, or others, such high initial (1) sustain the staffing levels of U.S. Cus- ‘‘(C) FISCAL YEAR 2014.— rates of operation or complete distribution toms and Border Protection Officers, equiva- ‘‘(i) IN GENERAL.—Except as provided in shall not be made, and no grants shall be lent to the staffing levels achieved on Sep- clauses (ii) and (iii), the total number of awarded for such programs funded by this

VerDate Mar 15 2010 05:30 Sep 29, 2013 Jkt 029060 PO 00000 Frm 00064 Fmt 0636 Sfmt 0634 E:\CR\FM\A28SE7.031 H28SEPT1 smartinez on DSK6TPTVN1PROD with HOUSE September 28, 2013 CONGRESSIONAL RECORD — HOUSE H5989 joint resolution that would impinge on final stituting the date specified in section 106(3) September 30, 2013, and comply with the funding prerogatives. of this joint resolution for ‘‘December 31, sixth proviso under the heading ‘‘Depart- SEC. 110. This joint resolution shall be im- 2012’’. ment of Homeland Security—U.S. Immigra- plemented so that only the most limited SEC. 117. Amounts made available under tion and Customs Enforcement—Salaries and funding action of that permitted in the joint section 101 for ‘‘Department of Commerce— Expenses’’ in division D of Public Law 113–6. resolution shall be taken in order to provide National Oceanic and Atmospheric Adminis- (b) The Secretary of Homeland Security for continuation of projects and activities. tration—Procurement, Acquisition and Con- shall notify the Committees on Appropria- SEC. 111. (a) For entitlements and other struction’’ may be apportioned up to the rate tions of the House of Representatives and mandatory payments whose budget author- for operations necessary to maintain the the Senate on each use of the authority pro- ity was provided in appropriations Acts for planned launch schedules for the Joint Polar vided in this section. fiscal year 2013, and for activities under the Satellite System and the Geostationary SEC. 126. In addition to the amount other- Food and Nutrition Act of 2008, activities Operational Environmental Satellite system. wise provided by section 101 for ‘‘Department shall be continued at the rate to maintain SEC. 118. The authority provided by sec- of the Interior—Department-wide Pro- program levels under current law, under the tions 1205 and 1206 of the National Defense grams—Wildland Fire Management’’, there authority and conditions provided in the ap- Authorization Act for Fiscal Year 2012 (Pub- is appropriated $36,000,000 for an additional plicable appropriations Act for fiscal year lic Law 112–81) shall continue in effect, not- amount for fiscal year 2014, to remain avail- 2013, to be continued through the date speci- withstanding subsection (h) of section 1206, able until expended, for urgent wildland fire fied in section 106(3). through the earlier of the date specified in suppression activities: Provided, That of the (b) Notwithstanding section 106, obliga- section 106(3) of this joint resolution or the funds provided, $15,000,000 is for burned area tions for mandatory payments due on or date of the enactment of an Act authorizing rehabilitation: Provided further, That such about the first day of any month that begins appropriations for fiscal year 2014 for mili- funds shall only become available if funds after October 2013 but not later than 30 days tary activities of the Department of Defense. previously provided for wildland fire suppres- after the date specified in section 106(3) may SEC. 119. Section 14704 of title 40, United sion will be exhausted imminently and the continue to be made, and funds shall be States Code, shall be applied to amounts Secretary of the Interior notifies the Com- available for such payments. made available by this joint resolution by mittees on Appropriations of the House of Representatives and the Senate in writing of SEC. 112. Amounts made available under substituting the date specified in section section 101 for civilian personnel compensa- 106(3) of this joint resolution for ‘‘October 1, the need for these additional funds: Provided further, That such funds are also available tion and benefits in each department and 2012’’. for transfer to other appropriations accounts agency may be apportioned up to the rate for SEC. 120. Notwithstanding any other provi- to repay amounts previously transferred for operations necessary to avoid furloughs sion of this joint resolution, except section wildfire suppression. within such department or agency, con- 106, the District of Columbia may expend SEC. 127. In addition to the amount other- local funds under the heading ‘‘District of sistent with the applicable appropriations wise provided by section 101 for ‘‘Department Columbia Funds’’ for such programs and ac- Act for fiscal year 2013, except that such au- of Agriculture—Forest Service—Wildland thority provided under this section shall not tivities under title IV of H.R. 2786 (113th Con- Fire Management’’, there is appropriated be used until after the department or agency gress), as reported by the Committee on Ap- $600,000,000 for an additional amount for fis- has taken all necessary actions to reduce or propriations of the House of Representatives, cal year 2014, to remain available until ex- defer non-personnel-related administrative at the rate set forth under ‘‘District of Co- pended, for urgent wildland fire suppression expenses. lumbia Funds—Summary of Expenses’’ as in- activities: Provided, That such funds shall SEC. 113. Funds appropriated by this joint cluded in the Fiscal Year 2014 Budget Re- only become available if funds previously resolution may be obligated and expended quest Act of 2013 (D.C. Act 20–127), as modi- provided for wildland fire suppression will be notwithstanding section 10 of Public Law 91– fied as of the date of the enactment of this exhausted imminently and the Secretary of 672 (22 U.S.C. 2412), section 15 of the State joint resolution. Agriculture notifies the Committees on Ap- Department Basic Authorities Act of 1956 (22 SEC. 121. Notwithstanding section 101, propriations of the House of Representatives U.S.C. 2680), section 313 of the Foreign Rela- amounts are provided for ‘‘The Judiciary— and the Senate in writing of the need for tions Authorization Act, Fiscal Years 1994 Courts of Appeals, District Courts, and Other these additional funds: Provided further, That and 1995 (22 U.S.C. 6212), and section 504(a)(1) Judicial Services—Defender Services’’ at a such funds are also available for transfer to of the National Security Act of 1947 (50 rate for operations of $1,012,000,000. other appropriations accounts to repay SEC. 122. For the period covered by this U.S.C. 3094(a)(1)). amounts previously transferred for wildfire SEC. 114. (a) Each amount incorporated by joint resolution, section 550(b) of Public Law suppression. reference in this joint resolution that was 109–295 (6 U.S.C. 121 note) shall be applied by SEC. 128. The authority provided by section previously designated by the Congress for substituting the date specified in section 347 of the Department of the Interior and Re- Overseas Contingency Operations/Global War 106(3) of this joint resolution for ‘‘October 4, lated Agencies Appropriations Act, 1999 (as on Terrorism pursuant to section 251(b)(2)(A) 2013’’. contained in section 101(e) of division A of of the Balanced Budget and Emergency Def- SEC. 123. The authority provided by section Public Law 105–277; 16 U.S.C. 2104 note) shall icit Control Act of 1985 or as being for dis- 532 of Public Law 109–295 shall continue in ef- continue in effect through the date specified aster relief pursuant to section 251(b)(2)(D) of fect through the date specified in section in section 106(3) of this joint resolution. such Act is designated by the Congress for 106(3) of this joint resolution. SEC. 129. (a) The authority provided by sub- Overseas Contingency Operations/Global War SEC. 124. The authority provided by section section (m)(3) of section 8162 of the Depart- on Terrorism pursuant to section 251(b)(2)(A) 831 of the Homeland Security Act of 2002 (6 ment of Defense Appropriations Act, 2000 (40 of such Act or as being for disaster relief U.S.C. 391) shall continue in effect through U.S.C. 8903 note; Public Law 106–79), as pursuant to section 251(b)(2)(D) of such Act, the date specified in section 106(3) of this amended, shall continue in effect through respectively. joint resolution. the date specified in section 106(3) of this (b) Of the amounts made available by sec- SEC. 125. (a) Any amounts made available joint resolution. tion 101 for ‘‘Social Security Administration, pursuant to section 101 for ‘‘Department of (b) For the period covered by this joint res- Limitation on Administrative Expenses’’ for Homeland Security—U.S. Customs and Bor- olution, the authority provided by the pro- the cost associated with continuing dis- der Protection—Salaries and Expenses’’, visos under the heading ‘‘Dwight D. Eisen- ability reviews under titles II and XVI of the ‘‘Department of Homeland Security—U.S. hower Memorial Commission—Capital Con- Social Security Act and for the cost associ- Customs and Border Protection—Border Se- struction’’ in division E of Public Law 112–74 ated with conducting redeterminations of curity Fencing, Infrastructure, and Tech- shall not be in effect. eligibility under title XVI of the Social Se- nology’’, and ‘‘Department of Homeland Se- SEC. 130. Section 1244(c)(3) of the National curity Act, $273,000,000 is provided to meet curity—U.S. Immigration and Customs En- Defense Authorization Act for Fiscal Year the terms of section 251(b)(2)(B)(ii)(III) of the forcement—Salaries and Expenses’’ shall be 2008 (8 U.S.C. 1157 note) is amended by adding Balanced Budget and Emergency Deficit obligated at a rate for operations as nec- at the end the following: Control Act of 1985, as amended, and essary to respectively— ‘‘(C) FISCAL YEAR 2014.— $469,639,000 is additional new budget author- (1) sustain the staffing levels of U.S. Cus- ‘‘(i) IN GENERAL.—Except as provided in ity specified for purposes of section toms and Border Protection Officers, equiva- clauses (ii) and (iii), the total number of 251(b)(2)(B) of such Act. lent to the staffing levels achieved on Sep- principal aliens who may be provided special (c) Section 5 of Public Law 113–6 shall tember 30, 2013, and comply with the last immigrant status under this section in fiscal apply to amounts designated in subsection proviso under the heading ‘‘Department of year 2014 during the period ending on Decem- (a) for Overseas Contingency Operations/ Homeland Security—U.S. Customs and Bor- ber 15, 2013 shall be the sum of— Global War on Terrorism. der Protection—Salaries and Expenses’’ in ‘‘(I) the number of aliens described in sub- SEC. 115. Section 3003 of division G of Pub- division D of Public Law 113–6; section (b) whose application for special im- lic Law 113–6 shall be applied to funds appro- (2) sustain border security operations, in- migrant status under this section is pending priated by this joint resolution by sub- cluding sustaining the operation of Tethered on September 30, 2013; and stituting ‘‘fiscal year 2014’’ for ‘‘fiscal year Aerostat Radar Systems; and ‘‘(II) 2,000. 2013’’ each place it appears. (3) sustain the staffing levels of U.S. Immi- ‘‘(ii) EMPLOYMENT PERIOD.—The 1-year pe- SEC. 116. Section 408 of the Food for Peace gration and Customs Enforcement agents, riod during which the principal alien is re- Act (7 U.S.C. 1736b) shall be applied by sub- equivalent to the staffing levels achieved on quired to have been employed by or on behalf

VerDate Mar 15 2010 05:30 Sep 29, 2013 Jkt 029060 PO 00000 Frm 00065 Fmt 0636 Sfmt 0634 E:\CR\FM\A28SE7.032 H28SEPT1 smartinez on DSK6TPTVN1PROD with HOUSE H5990 CONGRESSIONAL RECORD — HOUSE September 28, 2013 of the United States Government in Iraq (3)(A) COORDINATION WITH PROVISIONS SUS- first changes the date back to the under subsection (b)(1)(B) shall begin on or PENDED UNDER THIS SUBSECTION.—Subsection House-passed end date of the CR of De- after March 20, 2003, and end on or before (a) shall not apply with respect to any provi- cember 15 to give us more time to pass September 30, 2013. sion of ACA to which this subsection applies. the fiscal year 2014 appropriations bills. ‘‘(iii) APPLICATION DEADLINE.—The prin- (B) COORDINATION WITH PROVISIONS NOT cipal alien seeking special immigrant status SUSPENDED UNDER SUBSECTION (a).—Para- I’ve been flexible on this issue from the under this subparagraph shall apply to the graph (1) shall not apply to— very beginning, but this longer time- Chief of Mission in accordance with sub- (i) section 9815 of the Internal Revenue frame will help us avoid the potential section (b)(4) not later than December 15, Code of 1986, need for another CR in the interim. 2013.’’. (ii) the amendments made by section The second change would make a SEC. 131. (a) ONE-YEAR DELAY IN IMPLEMEN- 1322(h) of the Patient Protection and Afford- technical change to an anomaly for the TATION OF ACA.—Notwithstanding any other able Care Act, and provision of law (including section 106 of this (iii) the amendments made by section Eisenhower Commission added by the joint resolution), to the extent that a provi- 1004(d) of the Health Care and Education Senate. This change will simply con- sion of ACA (or a change in law attributable Reconciliation Act of 2010. tinue the status quo of a hold on that to such a provision) is scheduled to and (c) IMPLEMENTATION.—The Secretaries of project. would otherwise take effect on a date during Health and Human Services and the Treas- Finally, the third will add a new the period beginning on October 1, 2013, and ury shall take such steps as may be required anomaly to extend the authority for to implement the provisions of this section ending on December 31, 2014, such provision the United States to issue special im- (or change) shall not be effective during the on a timely basis. 1-year period beginning on such date. During (d) ACA DEFINED.—In this section, the migrant visas for the length of this CR. such 1-year period, the previous sentence term ‘‘ACA’’ means— This authority is necessary to ensure shall be implemented in a manner as to con- (1) the Patient Protection and Affordable that the visas continue for Iraqis who tinue the law as in effect as of the day before Care Act (Public Law 111–148), including any assisted the U.S. during the war, many such date and shall take into account amendment made by such Act; and of whom put their lives on the line to changes that would otherwise be made with- (2) title I and subtitle B of title II of the do so. It’s become clear that since this Health Care and Education Reconciliation out regard to any such provision. Upon the CR was first introduced that this new expiration of such 1-year period, except as Act of 2010 (Public Law 111–152), including may otherwise be provided, the provisions of any amendment made by such title or sub- provision has wide bipartisan support. ACA (including the changes in law attrib- title. Mr. Speaker, one of our primary jobs utable to such provisions) shall be imple- The SPEAKER pro tempore. Pursu- as Members of Congress is to provide mented as if the previous provisions of this ant to House Resolution 366, the mo- our people with important programs subsection had not applied. Section 2713(a)(4) tion shall be debatable for 1 hour, and services only the Federal Govern- of the Public Health Service Act (42 U.S.C. equally divided and controlled by the ment can provide and to ensure that 300gg–13(a)(4)) shall not be effective for any these services are available. This bill period before January 1, 2015, with respect to chair and ranking minority member of the requirement for specific coverage for any the Committee on Appropriations. does that. However, it’s also our re- sponsor of a group health plan (or, in the The gentleman from Kentucky (Mr. sponsibility to address the Nation’s fis- case of student health plans, the institution ROGERS) and the gentlewoman from cal challenges head-on with a realistic of higher education offering such plans), New York (Mrs. LOWEY) each will con- and pragmatic approach that will allow health insurance issuer, or individual oppos- trol 30 minutes. for attainable solutions. ing such requirement for coverage based on The Chair recognizes the gentleman With the debt ceiling looming, a frag- religious or moral objections. from Kentucky. ile economy in recovery, and the threat (b)(1) INTERNAL REVENUE CODE OF 1986.—In GENERAL LEAVE the case of any amendment made by ACA to of additional, draconian sequestration the Internal Revenue Code of 1986, such Mr. ROGERS of Kentucky. Mr. cuts that will gut our national defense, amendment shall not apply to— Speaker, I ask unanimous consent that it’s essential that we come together to (A) except as otherwise provided in this all Members may have 5 legislative find common ground. One side cannot paragraph, taxable years or plan years, as days in which to revise and extend do it alone, and inaction or failure on the case may be, beginning during 2014, their remarks and include extraneous these crucial issues could lead to disas- (B) in the case of sections 36B and 4980H of material on the further consideration trous results for our people and our Na- such Code, months beginning during 2014, of H.J. Res. 59. tion for years to come. (C) in the case of section 4191 of such Code, The SPEAKER pro tempore. Is there sales during 2014, Let me take a moment now to re- (D) in the case of subchapter B of chapter objection to the request of the gen- mind us all of just a few of the con- 34 of such Code, policy and plan years begin- tleman from Kentucky? sequences if the government were to ning during 2014, There was no objection. shut down: our troops will not be paid Mr. ROGERS of Kentucky. Mr. (E) in the case of section 5000B of such and national security will be put at Speaker, I yield myself such time as I Code, services performed during 2014, risk; our borders will weaken; our most may consume. (F) in the case of sections 6055 and 6056 of vulnerable citizens, the elderly and our such Code, calendar year 2014, Mr. Speaker, I rise to move forward veterans, may not get the assistance (G) in the case of any amendment made by with H.J. Res. 59, the continuing reso- they rely upon; our businesses, facing ACA to section 6103 of such Code, disclosures lution that will keep the doors of the great uncertainty, will take a hit; our during 2014, government open after the end of the economy will suffer. (H) in the case of any amendment made by fiscal year on Monday. section 9004 of the Patient Protection and It’s unfortunate that yet again we We must act responsibly to keep our Affordable Care Act, distributions made dur- are in this situation facing yet another government open and our country on ing 2014, and stable economic footing. Now and in (I) in the case of any amendment made by shutdown showdown with no solution section 1409 of the Health Care and Edu- to our many fiscal problems in sight. the near future, we must also act as cation Reconciliation Act of 2010, trans- Funding the government with a con- productive partners to keep the Nation actions entered into during 2014. tinuing resolution should not be plan safe, provide our people with essential (2)(A) ANNUAL FEES.—Sections 9008 and A, plan B, or even plan Z. But our chal- services, rein in unsustainable entitle- 9010 of the Patient Protection and Affordable lenges are many, our timeline is short, ment programs, and secure a respon- Care Act shall not apply to annual payment so passing this CR today is absolutely sible and realistic Federal budget. dates (within the meaning of such sections) And we must remember that we do during 2014. essential. (B) PATIENT-CENTERED OUTCOMES RE- The House passed a version of this this not just for ourselves and our dis- SEARCH TRUST FUND.—Notwithstanding any bill last Friday. The Senate amended it tricts, but we do it for the Nation as a other provision of law, during 2014, no and sent it back to us to consider once whole. I hope that today—with the amount may be— again. The motion before us agrees to countdown to shutdown clocks ticking (i) appropriated, credited, or otherwise the Senate amendments with two fur- away—my colleagues will understand transferred to the Patient-Centered Out- ther amendments: one delaying that funding the government is one of comes Research Trust Fund, or those essential duties, and I ask you to (ii) transferred from such Fund. ObamaCare for a year, and one repeal- Subsections (a) and (b)(1) shall not apply to ing the medical device tax. vote ‘‘yes’’ on this continuing resolu- section 9511 of the Internal Revenue Code of Included in each amendment are tion. 1986. three changes that I’ve requested. The I reserve the balance of my time.

VerDate Mar 15 2010 07:21 Sep 29, 2013 Jkt 029060 PO 00000 Frm 00066 Fmt 0636 Sfmt 0634 E:\CR\FM\A28SE7.032 H28SEPT1 smartinez on DSK6TPTVN1PROD with HOUSE September 28, 2013 CONGRESSIONAL RECORD — HOUSE H5991 Mrs. LOWEY. Mr. Speaker, I yield Included in the amendment would be Delay it for a year. Continue to work myself such time as I may consume to the delay of the 20 new taxes of on it. Make certain that we listen to discuss the majority’s intransigence. ObamaCare. It would delay the indi- the American people and respond to The bill the House is considering to- vidual mandate and the costly surtax their wish. night takes yet another step towards for noncompliance. It would delay the Delay ObamaCare. total dysfunction. Instead of working employer mandate, the Medicaid ex- Mrs. LOWEY. Mr. Speaker, I am with Democrats to prevent a shutdown, pansions, the new exchanges, and all pleased to yield 21⁄2 minutes to the gen- the majority has gotten even more ex- those subsidies to try to get people to tlewoman from Connecticut (Ms. treme by writing a bill that has no enroll. It would delay the dozens of en- DELAURO), a distinguished ranking chance of becoming law and will be the forcement powers which ObamaCare member on the Appropriations Com- 43rd vote on repealing or undermining gives to the IRS. And it would delay mittee. the Affordable Care Act. the collection of all your personal in- Ms. DELAURO. Mr. Speaker, let me begin by quoting Sir Walter Scott: While the old saying goes, if at first formation and data by the navigators you don’t succeed, try and try again, I and those seeking to put this program What a tangled web we weave, when first we practice to deceive. say to my colleagues across the aisle into effect with these exchanges. tonight: stop trying. You will not suc- So that is what this amendment This amendment is an exercise in de- ceed in giving our medical choices back would do. ception. It is designed to shut the gov- to the insurance companies and keep- Why are we doing this? Number one, ernment down. It drastically ing health insurance costs too high for this is a program that is too expensive underfunds the fundamental priorities too many families, and it continues the to afford. We have seen that already it of the American people, and it tries yet Republican war on women by allowing has tripled in cost. From its $860 bil- again to delay families’ access to af- a woman’s employer to determine what lion estimate, it is up to $2.6 trillion. fordable health care. We do not have safe and legal health services she can We know that it is making $600 billion time for this sort of recklessness. The nonpartisan Congressional Budg- access. in cuts to Medicare. We know that it is et Office and Federal Reserve Chair- The bill the Senate returned to the not ready for prime time. There have man Ben Bernanke warned us that the House would not increase spending, but been 1,200 waivers given to this pro- automatic across-the-board cuts could one provision within the jurisdiction of gram. People that are friends of the ad- cost us as many as 750,000 jobs in 2013. Ways and Means would cost $30 billion. ministration were seeking to be opted The majority wants to make these cuts The majority is wasting time as we get out. And it’s not good for the American permanent, regardless of the job loss, closer and closer to a shutdown, be- people. damage to our economy, or harm to cause we all know this bill will be dead There have been 19 administrative on arrival in the Senate. working families across the country. and Presidential delays of this pro- Because of the deep cuts enshrined Here’s a sample of what the House gram. We also have learned that there majority shutdown will do: small busi- here, over 57,000 children lose access to are missed deadlines. We see the im- early learning through Head Start. ness owners will stop receiving Federal pact that it’s having on our hospitals. loans to hire and expand their busi- These children never get that oppor- They’re laying off people. Hospital tunity back. The biomedical research nesses; the National Institutes of doors are closing. Jobs are being lost. Health will stop receiving new pa- that saves lives is being curtailed, de- Insurance costs are escalating. They layed, or lost. Educational programs tients; veterans’ benefits will be dis- have missed 47 percent of all their rupted; and housing loans for middle are sharply reduced for over a million deadlines as they have sought to put of our most disadvantaged kids, even class families will be put on hold. this into place. And the list goes on These are the painful results of the though one in five children currently and on. Republicans’ refusal to act responsibly. live in poverty. But most important is what we hear Hundreds of thousands of unem- b 2145 from our constituents, what we hear ployed adults are losing access to job They walked out of negotiations with from the American people, and the rate training. Low-income seniors lose out the President last year. They ignored shock that is out there. And among my on 5 million congregate and home-de- the President’s deficit reduction plan constituents I have a small business livered meals. Mental health programs in his budget. They refused to go to owner who wrote me this week. Her in- are being gutted. And with this fund- conference on a budget resolution. And surance cost is going up five times over ing, labor, health, and education pro- they repeatedly voted down Democrat what it is right now; a teacher with a grams are slashed 17 percent. amendments to replace sequestration. husband and two children, 105 percent. Beyond the deep cuts, the Republican And now, when it’s time to fulfill our We also have people that are writing majority is, once again, trying to use most basic task of funding government in and they’re talking about how dis- the budget process to take the govern- operations, Republicans push us fur- appointed they are. They had a plan ment hostage unless we delay the Af- ther to the brink of a shutdown. Any- they liked, but they can’t keep it now. fordable Care Act. Because of the Af- one who votes to amend the Senate bill One said, ‘‘Our insurance would cost fordable Care Act, Americans with pre- is voting for a shutdown. more than what we make. We would be existing conditions finally have cov- Vote ‘‘no’’ on the Republican shut- paying our employer $71.50.’’ Another erage. Women’s health is finally on an down proposal, and I reserve the bal- said they have lost their insurance. equal footing. Maternity and pediatric ance of my time. The reason they were given is because care is covered, and preventive care Mr. ROGERS of Kentucky. Mr. of ObamaCare. Discontinued due to can be obtained with no out-of-pocket Speaker, I yield 5 minutes to the gen- ObamaCare. This is what we’re hearing costs. The doughnut hole is closing for tlewoman from Tennessee (Mrs. BLACK- from our constituents. seniors. Young people stay on their BURN), vice chairman of the Energy and Parents of children, a family, a child, parents’ plans. It empowers patients Commerce Committee. type 1 diabetes. They need those reim- and doctors. And yes, insurance compa- Mrs. BLACKBURN. Mr. Speaker, I bursement accounts. They’re being cut nies no longer can make the decision rise in support of amendment No. 1 to in half. They’re not able to keep that. about whether or not you will get the continuing resolution, the bill that For an employer whose employees are health insurance or not get it. is bringing us to the floor tonight, and seeing their out-of-pocket expense go The Affordable Care Act is, at last, how vital it is that we address the up, do you know what that amounts to affordable health care for more Amer- funding needs of this Nation and how for this family? It’s a $7,600 pay cut. ican families. vital it is that we do it in a manner So what we do is come to the floor We stand on the verge of a govern- that is respectful of the American peo- tonight to say it’s not ready. We are ment shutdown. Instead of behaving re- ple and of our constituents. One of the seeing the impact of delay after delay sponsibly, of working towards a reason- things they have repeatedly said is that is being done by this administra- able compromise, the majority con- they want to make certain that we tion. And what we are saying is that it tinues to put their personal, radical delay the onset of ObamaCare, and that is time, as a fairness issue to the Amer- ideology above the fundamental prior- is what we are going to do. ican people, to delay the whole thing. ities of the American people. This is

VerDate Mar 15 2010 07:21 Sep 29, 2013 Jkt 029060 PO 00000 Frm 00067 Fmt 0636 Sfmt 0634 E:\CR\FM\K28SE7.084 H28SEPT1 smartinez on DSK6TPTVN1PROD with HOUSE H5992 CONGRESSIONAL RECORD — HOUSE September 28, 2013 wrong. I urge my colleagues to vote ardize the jobs of our dedicated govern- Then number two—and very impor- against it. ment workers who provide desperately tantly—accessibility has not increased. Mr. ROGERS of Kentucky. Mr. needed services to millions of our con- Two Fortune 500 companies in my Speaker, I yield 1 minute to the gen- stituents—and who, by the way, have home State of Georgia have announced tleman from Indiana (Mr. STUTZMAN). their own families to feed? the following: one says that they will Mr. STUTZMAN. Mr. Speaker, al- Today, the Tea Party extremists who no longer cover 15,000 spouses of their most 31⁄2 years ago, many stood in this came here to shut down the govern- employees under their health care. Chamber claiming to have made his- ment will see their dream come true. The SPEAKER pro tempore. The tory by overhauling our Nation’s These dangerous amendments would time of the gentleman has expired. health care laws and subjecting one- hurt children, seniors, and families— Mr. ROGERS of Kentucky. I yield 1 sixth of our economy to Federal con- yes, the most vulnerable—and would minute to the gentleman. trol. The American people disagree. create havoc and uncertainty in so Mr. KINGSTON. I thank the gen- They understand that ObamaCare many lives. But it’s their first step to tleman. broke with history—and that’s exactly create a country, quite frankly, based Another Fortune 500 company in the problem here today. on a free-for-all—survival of the fit- Georgia has announced that 20,000 part- When government mandates that test—that none of us will recognize. every American buy insurance estab- time employees will no longer have That’s what happens when there is no company-sponsored health care. We’re lished by bureaucrats and threatens to government, Mr. Speaker. hearing this over and over again. severely tax them if they don’t, that is We should reject these irresponsible, an unconstitutional mandate. This dangerous, and un-American amend- I talked to one man who has a suc- country was founded on the principles ments. They will shut down the gov- cessful startup business. He got to 42 of limited government, personal re- ernment. And the American people, employees and he said, And I quit sponsibility, and consent of the gov- quite frankly, do not deserve this. growing because I did not want to get erned. But ObamaCare is based on lim- Mr. ROGERS of Kentucky. Mr. to 50 because not only am I concerned itless government, bureaucratic arro- Speaker, I yield 2 minutes to the gen- about the cost of ObamaCare, but I gance, and a disregard of the will of the tleman from Georgia (Mr. KINGston), don’t know how it’s going to be imple- people. the distinguished chairman of the mented. I don’t know the rules of it. That is why 31⁄2 years ago, Wash- Labor-HHS Subcommittee on Appro- So I would say this debate is well ington broke with history. Washington priations. worth having. And I would say to our ignored our country’s founding prin- Mr. KINGSTON. I thank the chair- Democrat friends, whether you’re vot- ciples. Back home, Hoosiers still know man for the time. ing for it or not, at this point it’s not what this town forgot. They know that Mr. Speaker, I want to say that we’re a matter of philosophy; it’s a matter of their freedom diminishes when govern- here tonight on a continued debate admitting that it is a matter of mis- ment raises taxes, empowers bureau- over ObamaCare for a good reason. In take to go on with ObamaCare. It has crats, and issues oppressive mandates. fact, there’s three reasons. not decreased the cost, and it has not That’s exactly why ObamaCare was un- Number one, health care is one-sixth increased the access of health care. popular 3 years ago, and it is unpopular of the economy. I think that before we Before we say good-bye to the best 3 days ahead of its implementation. turn over one-sixth of the economy to health care system in the world and The People’s House refuses to ignore the the Federal Government, we need to be one-sixth of our economy, turning it will of the American people. very clear on the path that we’re going over to the Federal Government, we Today, Senate Democrats who refuse to ac- on. Right now, the path is anything but need to stop and retool and start all knowledge ObamaCare’s mounting failures clear. In fact, to quote one of the lead- over. So it is the right thing to do to have left Washington, D.C. for the weekend ing Democrat architects from the Sen- fund the government, avoiding a shut- but families back home don’t have the luxury ate, Senator BAUCUS, he said it’s a down, but not to fund ObamaCare. of ignoring this train wreck. train wreck. Mrs. LOWEY. I just want to thank With just three days until millions of Ameri- So to me, to continue the debate on my friend, the gentleman, Mr. cans are forced onto ObamaCare’s ex- ObamaCare is the proper thing to do. KINGston, for making a good case for changes, my colleagues and I will vote to stop One-sixth of the economy, Mr. Speaker. the Affordable Care Act. You want to ObamaCare. We will vote to protect religious Think about that. turn it back over to the insurance com- freedom with strong conscience protections. Secondly, in terms of our health care panies who are raising these rates in We will vote to restore individual choice and system now, as flawed as it may be, it’s your district and my district. freedom. We will vote to return to this nation’s still the best health care system in the I’m very pleased to yield 2 minutes to founding principles. world. Indeed, 40 percent of the medical the gentlewoman from Florida (Ms. Mrs. LOWEY. Mr. Speaker, I am tourists come to America for proce- WASSERMAN SCHULTZ). pleased to yield 2 minutes to the gen- dures and operations. You can’t say Ms. WASSERMAN SCHULTZ. Mr. tlewoman from California (Ms. LEE). that about any other country. Speaker, as a member of the House Ap- Ms. LEE of California. I want to Number three, ObamaCare has failed. propriations Committee, I rise in oppo- thank the gentlelady for yielding. Two of its prime objectives were, num- sition to this, the 43rd attempt to Mr. Speaker, I rise in strong opposi- ber one, to decrease the cost of health defund, delay, or undermine the Afford- tion to the Republican amendments care, and number two, to increase the able Care Act by House Republicans. that are designed, quite frankly, to access. And let’s examine those. Do shut the government down. you know anybody whose health care What is even more disturbing is that It’s no secret that the Tea Party Re- premium has decreased this year? I this latest attempt comes with the publicans came here not as public serv- have asked this question many, many very distinct possibility for a costly ants but to destroy and decimate our times back home and on the floor of and disruptive government shutdown. government. And to add insult to in- the House. And I’ve invited people to As Members of Congress, we have a jury, they want to destroy and dis- call my office if their premiums have constitutional obligation to fund our mantle the Affordable Care Act, which in fact decreased. I haven’t heard from government. The Senate sent us a bill is the law of the land and was upheld an individual. I haven’t heard from a yesterday that would accomplish that by the Supreme Court. This is morally business. I’ve talked to many busi- goal; but rather than pass it, House Re- wrong and is lawless, quite frankly. nesses who have had 25 and 30 percent publicans are pressing their ideological And not to mention that they want to increases. My own daughter’s premium, agenda once more, pushing us closer to put insurance companies, once again, a healthy 30-year-old, went from $170 a a government shutdown. back in charge of the health care deci- month to $270 a month. Look, I get it. The Republican Con- sions that should be made by our con- ference is desperate to halt the Afford- stituents. This hostage-taking must b 2200 able Care Act because they bet against end. The premiums are not going down be- it and they came up short; but now Mr. Speaker, why in the world would cause the cost isn’t going down. they’re gambling with our entire econ- any Member of Congress want to jeop- ObamaCare has failed on that. omy. They’re desperate because they

VerDate Mar 15 2010 07:21 Sep 29, 2013 Jkt 029060 PO 00000 Frm 00068 Fmt 0636 Sfmt 0634 E:\CR\FM\K28SE7.088 H28SEPT1 smartinez on DSK6TPTVN1PROD with HOUSE September 28, 2013 CONGRESSIONAL RECORD — HOUSE H5993 bet against a law that is already bene- stunning 50 percent and cut the death jobs; and let’s ensure that America fiting millions of Americans, from sen- rate from stroke by 30 percent. But, continues to invent, continues to inno- iors on Medicare, to children with pre- Mr. Speaker, last January, a new $30 vate, and continues to develop the very existing conditions, to millions of billion medical device tax was enacted cutting-edge and lifesaving tech- Americans who are being overcharged as a part of ObamaCare. It’s not a tax nologies for our patients. by their insurance companies. And on profit; it’s a tax on revenue. It’s a Vote for the repeal of the medical de- starting January 1, millions more un- tax on sales. vice tax. insured Americans will be able to ob- Nobody can explain why this indus- SEPTEMBER 28, 2013. tain quality, affordable health insur- try was singled out, other than tens of Hon. HARRY REID, ance. In fact, just this week, it was an- billions of dollars needed to be brought Majority Leader, U.S. Senate. nounced that a family of four in my in to pay for an over-trillion-dollar Hon. JOHN BOEHNER, congressional district making $50,000 a law. But you know what, the effects Speaker of the House, U.S. House of Represent- atives. year will be able to obtain private have been devastating—10,000 job losses Hon. MITCH MCCONNELL, health insurance for as little as $24 a across the country have been an- Republican Leader, U.S. Senate. month. nounced; companies are moving their Hon. NANCY PELOSI, The Affordable Care Act is working, operations overseas. And once these Minority Leader, U.S. House of Representatives. and I urge my colleagues to stop bet- jobs move overseas, they don’t just DEAR MAJORITY LEADER REID, SPEAKER ting the same losing hand on our econ- come back. BOEHNER, MINORITY LEADER MCCONNELL AND omy. Enough already. Let it go. Countless small, privately held com- MINORITY LEADER PELOSI: As Congress nears Now, let me tell you something that the end of the calendar year, we respectfully panies, they’ve cut jobs and investment request that repeal of the medical device ex- your little stunt that you’re pulling in research and development to deal here—which has no chance of becoming cise tax be addressed as a top priority. Im- with this onerous policy; and research plementation of what was to be a $20 billion law—what it does for the millions of and development is the very lifeblood excise tax and is now estimated to collect breast cancer survivors like me. of this industry. over $30 billion in taxes—is adversely im- Ninety-five days from today, the mil- I have a letter, Mr. Speaker, from 975 pacting patient care and innovation, and will lions of survivors, the 150 million peo- organizations in support of repealing substantially increase the costs of health ple who live in this country with a pre- the device tax. The signers include the care. The Senate and House have both passed repeal legislation with strong bipartisan ma- existing condition, you are trying to Chamber of Commerce, the National rob us of the peace of mind that that jorities. On behalf of the more than 975 un- Association of Manufacturers, numer- dersigned organizations, associations, com- provision gives us. ous doctors and physicians and health What you’re trying to do is make panies, patients, providers and venture cap- care groups, and others who are di- sure that every single day, when each ital firms representing hundreds of thou- rectly impacted by the tax. I will in- sands medical technology jobs, we ask that of us who survived cancer or another clude it in the RECORD. you act to repeal the medical device tax dur- life-threatening illness, waiting for the Mr. Speaker, we know this tax is bad ing this session of Congress. other shoe to drop, what you’re trying policy. We know there is support in As you know, the medical device industry to do is say you should stay living in is a unique American success story—both for this Chamber and in the Senate to re- fear for an insurance company to boot patients and our economy. The United peal this tax. Last year, the House you off your insurance because of the States is the world leader in manufacturing passed my repeal legislation with over- possibility of you getting sick again. life-saving and life-enhancing treatments, whelming bipartisan support, but the It’s unconscionable. It’s unacceptable. and the industry is an important engine for Senate didn’t act before the end of the economic growth. The industry employs Walk a mile in our shoes. year. But this year, we have 263 cospon- more than 400,000 workers nationwide; gen- The SPEAKER pro tempore. The erates approximately $25 billion in payroll; Chair would remind Members they sors of my legislation to repeal this tax—far more than last year and more pays out salaries that are 40 percent more should address their remarks to the than the national average ($58,000 vs. $42,000); Chair. than enough to pass it in the House. and invests nearly $10 billion in research and Mr. ROGERS of Kentucky. Mr. Last April, when the Senate was de- development (R&D) annually. The industry Speaker, may I inquire of the time re- bating their budget resolution, 79 Sen- is fueled by innovative companies, the ma- maining. ators voted their intention to also re- jority of which are small businesses with 80 The SPEAKER pro tempore. The gen- peal the device tax, and 33 of those percent of companies having fewer than 50 tleman from Kentucky has 16 minutes Senators were Democrats. Mr. Speaker, employees and 98 percent with fewer than 500 how often do we have such an over- employees. remaining, and the gentlewoman from Unfortunately, the health care law imposes 3 whelming bipartisan support on an New York has 20 ⁄4 minutes remaining. over $30 billion in new excise taxes on med- Mr. ROGERS of Kentucky. Mr. issue? This is our opportunity. ical technology companies that are stifling Speaker, I yield 5 minutes to the gen- Winston Churchill is to have said innovation and U.S. competitiveness. The tleman from Minnesota (Mr. PAULSEN), that people ‘‘occasionally stumble over tax is already having an adverse impact on a very important member of the Ways the truth, but most of them pick them- R&D investment and job creation, jeopard- and Means Committee of the House. selves up and hurry off as if nothing izing the U.S. global leadership position in Mr. PAULSEN. Mr. Speaker, we all ever happened.’’ medical device innovation. If this tax is not know that the medical technology in- The truth that we all know about the repealed, it will continue to force affected dustry is one of America’s leading medical device tax is that it has de- companies to cut manufacturing operations, research and development, and employment manufacturing industries and has huge stroyed jobs, it’s destroyed innovation, levels to recoup the lost earnings due to the potential to continue being a vehicle and it has hurt patient care. These are tax. It will also adversely impact patient ac- for creating jobs. the very pillars that the health care re- cess to new and innovative medical tech- This American success story employs form was actually supposed to support. nologies. more than 400,000 workers, pays sala- Repealing this policy sends a very In short, this tax on innovation should be ries 40 percent higher than the average strong and commonsense message to repealed for the following three important national wage, is one of our country’s the American people that Congress reasons: The tax stifles innovation and has already few industries that actually exports may not always agree on what is the costs thousands of high-paying jobs. It has more than it imports; and it is an in- right path forward, but we can abso- increased the effective tax rate for medical dustry that is fueled by innovation and lutely recognize when a policy has set technology companies, thereby reducing fi- is made up of mostly small businesses. us on the wrong path; and today we nancial resources that should be used for Eighty percent of these businesses have have an opportunity to right this R&D, clinical trials and investments in man- less than 50 employees; 98 percent of wrong. ufacturing. The impact is especially hard on them have less than 500. Most impor- This amendment repeals a tax that is smaller companies whose innovations are threatening America’s global leader- not immediately profitable. tantly, however, this is an industry The tax will increase health care costs as that saves and improves lives for pa- ship in innovation. This is about saving confirmed by a report issued in April 2010 by tients. lives. It’s important that we do act the Office of the Actuary at the Centers for Medical devices helped slash the now—and today. Let’s stop the job Medicare and Medicaid Services (CMS). In death rate from heart disease by a losses. Let’s protect these high-wage some cases, the 2.3% tax will be passed on to

VerDate Mar 15 2010 07:21 Sep 29, 2013 Jkt 029060 PO 00000 Frm 00069 Fmt 0636 Sfmt 0634 E:\CR\FM\K28SE7.090 H28SEPT1 smartinez on DSK6TPTVN1PROD with HOUSE H5994 CONGRESSIONAL RECORD — HOUSE September 28, 2013 consumers, leading to higher health care Inc., Aqueous Biomedical, Inc., AcrueSys, Concert Medical, Congress of Neurological costs. Inc., ARC Medical, Inc., Ardiem Medical, Surgeons, ConMed Linvatec, CONNECT, Con- The tax is not being offset by increased de- Inc., Argenta Advisors, ARIBEX, Inc., Ari- sensus Orthopedics, Inc., ConvaTec Inc., mand for medical devices. In fact, it is im- zona BioIndustry Association, ArKal Med- Cook Medical, Core Medical Imaging, portant to note that there is no evidence ical, Inc., ARKRAY Arteriocyte, Corgenix Medical Corporation, Corin USA suggesting a device industry ‘‘windfall’’ from ARTHROSURFACE, INCORPORATED. Limited, Corindus Vascular Robotics, Corin- healthcare reform. Unlike other industries Articulinx, Asante Solutions, Inc., Aso thian Ophthalmic, Inc., Cormatrix. that may benefit from expanded coverage, LLC, Aspen Medical Products, Associated In- Corventis, Inc., COTERA, Inc., Council for the majority of device-intensive medical pro- dustries of Massachusetts (AIM), Associates Affordable Health Coverage, Covalent Med- cedures are performed on patients that are of Cape Cod, Inc., Astute Medical, AtCor ical, Inc., Covidien, Creatv MicroTech, Inc., older and already have private insurance or Medical Holdings, Ltd., ATEK Medical, Ativa Critech Research, Critical Diagnostics, Crux Medicare coverage. Where states have dra- Medical, ATL Technology Utah, Atlanta Bio- Biomedical, Cryothermic Systems, CSA Med- matically extended health coverage, such as Medical Corporation (ABC), Atlas Spine, ical, Inc., Curexo Technology Corporation, in Massachusetts where they added 400,000 Inc., Atos Medical Inc., AtriCure, Inc., Atri- Curo Medical, Inc., CurveBeam, CV Inge- new covered lives, there is no evidence of a um Medical Corporation, Aurident, Inc., Au- nuity, CVRx Inc., CyberHeart, Cyberonics, device ‘‘windfall.’’ tonomic Technologies, Inc., Auxogyn, Inc., Cynosure, CytoMedical Design Group LLC. At a time when the federal government is Avacen MOD Corporation. Cytopherx, Cytori Therapeutics, Inc., working to promote investment in U.S. in- Avantis Medical Systems, Inc., Avedro, CytoSorbents Corporation, D&D Medical, dustries of the future, it is inconsistent that Avinger, Axiom Medical, Inc., AxioMed Inc., D&R Products, Dallen Medical, dataCon a tax of this magnitude is placed on the med- Spine Corporation, AxoGen, Inc., B. Braun Inc., DataPhysics Research, Inc., DaVinci ical device industry. We must do all we can Medical, Inc., Balchem Corporation, Banyan Biomedical Research Prod., Inc., De Novo to encourage and promote research, develop- Biomarkers, BAROnova, Inc., BaroSense, Ventures, DEKA R&D Corp, Delcath Sys- ment, investment and innovation. Instead, Inc., BAˆ RRX Medical, Inc., Baxano Surgical, tems, Inc., Dental Trade Alliance (DTA), increased taxes, such as this one on the med- Inc., Baxter Healthcare, BayBio, BD, BEA- Denterprise International, Inc., DERMA ical device industry, coupled with the in- CON (Biomedical Engineering Alliance & SCiENCES, INC., Design Mentor, Devicix, creased regulatory uncertainty the industry Consortium), Beaver Visitec, Beckman DFine, Inc., DG Medical, Digirad, Direct also faces, is leading to further job losses, Coulter, Belmont Instrument Corporation. Flow Medical. hindering the development of breakthrough BeneChill, Inc., Benvenue Medical, Inc., Disposable Instrument Co., Inc., DJO Glob- treatments and delaying patient access to Berlin Heart, Inc., Berman Medical BioBDx, al, Inc., Domain Associates, L.L.C., Domain medical technology. Bioanalytical Systems, Inc., BioBDx, Surgical, Inc., Drexler Medical, Dynatronics, We respectfully request timely action on BioCardia, Inc., BioCare Systems, Inc., E. Benson Hood Laboratories, Inc., legislation to repeal this over $30 billion ex- BIOCOM, Bioconnect Systems, Inc., EarlySense Inc., eCardio Diagnostics, Ech- cise tax. BioDerm, Inc., BioElectronics, BioFlorida, elon Biosciences, Inc., Echo Therapeutics, 3C Spine, Inc., 3D Medical Manufacturing, BIOforward, BioHouston, BioMedical Life Edwards Lifesciences, EKOS Corporation, Inc., 3M Healthcare, A-dec, A.R. Hinkel Com- Systems, BioMedix, bioMerieux, Inc., Electrical Geodesics, Inc., Electromed, Inc., pany, Abaxis, Abbey Moor Medical, Abiomed, Biomerix Corporation, Biomet, Inc., Ellipse Technologies, Inc., Ellman Inter- Inc., Acacia Research Corporation, Academy Biomimedica. national, Emergence, Emergent Medical of General Dentistry, AccessClosure, BioMimetic Therapeutics, Inc., Bionix De- Partners. Accuitive Medical Ventures, Accuray Incor- velopment Corporation, BioOhio, Biophan Emerson Consultants, Inc., Endo Health porated, Acertara Acoustic Laboratories, Technologies, Inc., BIOSAFE, Inc., Bioscale, Solutions, Inc., Endo-Therapeutics, Inc., LLC, Aciont Inc., ActivaTek Inc., Active Im- Bioscience Association of Maine, BioSculp- EndoChoice, Inc., EndOclear, LLC, plants, Actus Medical, Acumen Healthcare ture Technology, Inc., BioSET, Inc., Biotest EndoGastric Solutions, EndoShape, Inc., Solutions, LLC. Laboratories, Inc., BIOTRONIK, Inc., eNeura Therapeutics, Engineered Medical Adagio Medical, Inc., Adept-Med Inter- Bioventus LLC, Birchwood Labatories Inc., Systems/Pulmodyne, Entellus Medical, EnteroMedics, Inc., EPIC Research & national, Inc., Adhezion Biomedical, LLC, Boston Healthcare Associates, Inc., Boston Diagnostics, Erchonia Corp., Essex Wood- ADM Tronics, Adroit Medical, Advanced Bio- Scientific Corporation, Botanical Labora- lands, eVent Medical, Evergreen Medical Healing, A Shire Company, Advanced Bion- tories, BrainScope Company, Inc., Breathe Technologies, Exactech, Experien Group, ics, Advanced Circulatory Systems, Inc., Ad- Technologies, Breg, BridgePoint Medical, ExploraMed Development, LLC, FAST vanced Medical Technology Association, Ad- BTE Technologies, Inc., Busse Hospital Dis- vanced Orthopaedic Solutions (AOS), Ad- Diagnostics. posables. FemCap Inc., Ferris Mfg. Corp., Fidia vanced Surgical Instruments, Advanced C.R. Bard, Inc., Cabochon Aesthetics, Inc., Pharma USA Inc., Figure 8 Surgical, Fisher Technology Ventures, AdvanDx, Aerocrine, Cadence, Inc., Caldera Medical, Inc., Cali- Wallace Laboratories, Fjord Ventures, Inc., Aesculap, Inc., AestheTec, Inc, Aethlon fornia Healthcare Institute (CHI), Calypso Flexicath, Inc., Flexuspine, Inc., Flight Med- Medical, Inc., AFC Tool, Affinity Capital, Medical, Canaan Partners, Cannuflow Inc., ical, Flocel Inc., Florida Medical Manufac- Agamatrix, Inc., Agendia, Inc., Alabama Cantel Medical Corp., Cantimer, Inc., Cape turers’ Consortium, Inc., Fluidnet Corpora- Dental Association, Cod, Inc., Carbylan Biosurgery, Inc., Cardia tion, ForSight Labs, Fortimedix USA, Inc., Albright Technologies, Alcon, A Novartis Access, Cardiac Dimensions, Inc., Cardiac FOUNDRY NEWCO XI, Fresenius Medical Group Company, Aleeva Medical Inc, Align Science, CardiacAssist, Inc., CardiAQ Valve Care NA, Freshmedx, Frontier Scientific Technology, Inc., Alkaline Corporation, Al- Technologies, Inc., Cardinal Health, Cardinal Inc., FTSI, FUJIFILM SonoSite Inc., legro Diagnostics Corp., Allergan, Allvivo Scale Manufacturing Company. Fujirebio Diagnostics, Inc., Galil Medical. Vascular, Inc., ALPCO Diagnostics, Alphatec CardioDx, Inc., CardioFocus, Inc., Galt Medical, Gambro, GE Healthcare, Spine, Inc., Alta Partners, ALung Tech- CardioKinetix Inc., CardioMEMS, Inc., Genesis Plastics Welding, GENICON, Gentis nologies, Inc., AlvaMed Inc., Alverix, Inc., CardioNexus Corporation, Cardiovascular Inc., Georgia Bio, Georgia Dental Associa- Ambio Health, Ambu, Inc., Amedica Systems, Inc., CareFusion Corporation, tion, GI Dynamics, Inc., Gilero, LLC, Analogic Corp, America’s Blood Centers Carmell Therapeutics Corporation, Glaukos Corporation, Glenveigh Medical, (ABC), American Academy of Facial Plastic CarrierCOM, Carrot Medical, Carticept Med- Globe Composite Solutions, Ltd., Globus & Reconstructive Surgery. ical, Cartiva, Inc., Case Medical, Inc., Cath- Medical, GluMetrics, Gradient Technologies, American Academy of Pediatric Dentistry, eter Connections, Inc., Cayenne Medical, LLC, Great Lakes NeuroTechnologies Inc., American Academy of Periodontology, CEA Medical Manufacturing, CEA Tech- Greatbatch Medical, Ground Zero Pharma- American Association of Endodontists, nologies, Inc., Celleration, Cellestis Inc., ceuticals, GT Urological, LLC, Gulden American Association of Neurological Sur- Center for Medical Device Innovations. Opthalmics, geons, American Association of Oral and Cepheid, CeQur, Cerephex Corporation, Haemonetics Corp., Halo Healthcare Inc., Maxillofacial Surgeons, American Associa- Ceterix Orthopaedics, Checkpoint Surgical, HALT Medical, Inc., Hausmann Industries, tion of Orthodontists, American College of CHF Solutions, Inc., Christcot Medical Com- Inc., Health Industry Distributors Associa- Prosthodontists, American College of Radi- pany, Cianna medical, Circadiance, City Hill tion (HIDA), Health IT Now Coalition, ology, American Dental Association, Amer- Ventures, LLC, CivaTech Oncology, Claret HealthCare Institute of New Jersey, ican Medical Systems, American Society of Medical, Inc., Clarity Medical Systems, Inc., HealthpointCapital, HeartFlow, HeartWare Cataract and Refractive Surgery, American Claro Scientific, LLC, Clarus Medical, LLC, International, Inc., Heidelberg Engineering, Society of Dentist Anesthesiologists, Amer- ClarVista Medical, Cleveland Medical De- HEMERUS, Hemosphere, Hill-Rom, Hispanic ican Society of Plastic Surgeons, Andersen vices Inc., Clinical Research Consultants, Dental Association (HDA), HITACHI MED- Products, Andover Healthcare, Andrew Tech- Inc., CoAlign Innovations, Inc., CoAxia, Inc., ICAL SYSTEMS AMERICA, INC., Holaira, nologies, Angel Medical Systems, Cochlear. Hologic/Gen-Probe, Home Dialysis Plus, AngioDynamics. Cohera Medical, Inc., Coherex Medical, Hospira Inc., Hotspur-Cardiac Care. AngioScore Inc., Anulex Technologies, Colorado Bioscience Association (CBSA), Hotspur Technologies, Inc., HoverTech Inc., AOTI Inc., Apnex Medical, Inc., Apollo Colorado Dental Association (CDA), Colum- International, Hull Associates, Hycor Bio- Endosurgery, Applied Dexterity, Inc., Ap- bus Chamber of Commerce, Command Med- medical, Inc., Hydrocision, ibiliti-iCAD, Inc., plied Research & Photonics, Inc., Aptus ical Products, Inc., COMPASS International ICAP Patent Brokerage, Ichor Medical Sys- Endosystems, Inc., Aqueduct Neurosciences, Innovations, Compression Therapy Concepts, tems, ICONACY Orthopedic Implants, LLC,

VerDate Mar 15 2010 08:01 Sep 29, 2013 Jkt 029060 PO 00000 Frm 00070 Fmt 0636 Sfmt 0634 E:\CR\FM\A28SE7.034 H28SEPT1 smartinez on DSK6TPTVN1PROD with HOUSE September 28, 2013 CONGRESSIONAL RECORD — HOUSE H5995 ICU Medical, Inc., IKARIA, Illinois Bio- Mitralign, Inc., Molecular Detection, Inc., Relievant Medsystems, Inc., ReShape Med- technology Industry Organization—iBIO, Il- Monebo TEchnologies, Inc., Moog Medical ical Inc., ResMed, Respicardia, Inc., Respira linois State Dental Society, IlluminOss Med- Devices. Therapeutics, Inc., Respiratory Motion, Inc., ical, Inc., ImaCor, Imalux Corporation, Morgenthaler Ventures, Morris Innovative, Respiratory Research, Inc., Respiratory IMARC Research, ImpediMed. Mound Laser & Photonics Center, MOXI En- Technologies Inc., Response Biomedical Cor- Impliant, Inc., ImThera Medical, Inc., terprises, LLC, Moximed, MPM Capital, poration, ReVent Medical, Inc., Reverse InaVein, LLC, Incept LLC, Incline Thera- MPR Product Development, Mustang Med- Medical, ReVision Optics, Inc., peutics, Indiana Chamber of Commerce, Indi- ical, Mustang Vacuum Systems, RhinoSystems, Inc., Rhythmlink Inter- ana Dental Association, Indiana Health In- MyoCardioCare, Inc., Myomo, Inc., Myo national, LLC, Richmond Products Inc., dustry Forum, Indiana Manufacturers Asso- Science, nanoMAG LLC, nanoMR, Nanostim, Rinovum Women’s Health, Inc., RITM Amer- ciation, Indiana Medical Device Manufactur- Nasiff Associates Inc., National Association ica. ers Council, InfoBionic, Infraredx, Inc., for the Support of Long Term Care (NASL), Robomedica, Inc., Roche Diagnostics, InfraScan, Inc., InjectiMed, Inc., Innovative National Association of Manufacturers Rochester Electro-Medical, Inc., Rodman Pulmonary Solutions, Inc., Innovative Sur- (NAM), National Federation of Independent Media Corp, RODO Medical, Inc., Round- gical Designs, Inc., Innovative Trauma Care Business, National Venture Capital Associa- Table Healthcare Partners, ROX Medical, Inc, Innovent Medical Solutions, Ltd., tion (NVCA), Natus Medical Incorporated, Royal Oak Medical Devices, LLC, Inogen, Insight Medical, inSite Medical NaviMed Capital. RxFunction, Inc., s2a molecular, inc., Safe- Technologies. Naviscan, Inc., NDH Medical, Nebraska guard Scientifics, Inc., Sakura Finetek USA, Instratek, Inc., Insulet Corporation, Dental Association, Nelson Laboratories, Inc., Saladax Biomedical, Inc., Salix Phar- Insurgical LLC, Intact Vascular, Inc., Inc., Neocure, Neodyne Biosciences, Neograft maceuticals, Inc., SandBox Medical LLC, Integra LifeSciences, International Fran- Technologies, Inc., Neomend, Inc., Sanofi, SCBIO, Scientific Imaginetics, SDRS chise Association, International Medical In- NeoMetrics, Inc., NeoTract, Inc., Neovista LLC, Sebacia Inc., Second Sight Medical dustries, Inc., International Sterilization Inc., Neuro Kinetics, Inc., Neuro Resource Products, Inc., Sekisui Diagnostics. Laboratory LLC, Intersect ENT, InterValve, Group, Inc., Neuro-Fitness LLC, Sensable, Sequent Medical Inc., SI-BONE, Inc., Interventional Autonomics Corpora- Neuronetics, Inc., NeuroPace, NeuroTherm, Inc., Siemens Healthcare, Sight Sciences tion, IntraPace, IntriCon, IntriMed Tech- NeuroTronik, NeuroVista Corportation, Inc., SightLine Partners, SIGNUS Medical, nologies, Intrinsic Therapeutics, Intuitive NeuroWave Systems Inc., Neuvomedica Ltd., LLC, Silere Medical Technology, Inc, Silicon Marketing Strategists, Intuity Medical, Inc., NeuWave Medical. Valley Leadership Group, Silver Bullet Ionix Medical, Inc., Iowa Dental Association, Nevada Dental Association, Nevro, New Therapeutics, Inc., Sirtex Medical Inc, Sky- iRhythm Technologies, Inc., Irvine Chamber Enterprise Associates, New Hampshire Den- line Ventures, Small Bone Innovations, Inc., of Commerce. tal Society, New Jersey Life Sciences Ven- Smart Perfusion, LLC, Smith & Nephew, iSonea, Limited, ISTO Technologies, Inc., dors Alliance, New Leaf Venture Partners, Inc., Smiths Medical, Soft Tissue Regenera- Ivantis, Inc., Ivera Medical Corporation, NexDx, Inc., NinePoint Medical, Niveus Med- tion, Inc., Solace Therapeutics, Solta Med- Ivivi Health Sciences LLC, iWalk, J.H. ical, Nocimed, LLC, Non-Invasive Medical ical, Inc., Solvonics Medical. Sonendo, Inc., Sonitus Medical Inc., Garver Consulting, LLC, Jabil, Jack Saladow Systems, Nonin Medical, Norris Capital, Inc., Sonoma Orthopedics, SonoSite Inc., Sorin & Associates, Kalypto Medical, KCI, Kensey North Carolina Biosciences Organization, Group USA, Inc., Soteira, Inc., Sotera Wire- Nash Corporation, KFx Medical Corporation, North Carolina Dental Society, Nova Bio- less, South Carolina Dental Association Kimberly-Clark Health Care, Kinamed Inc., medical, NovaSom, Novasys Medical, NRG, (SCDA), Southeastern Medical Device Asso- Knee Creations, LLC, KRONUS, Inc., Kspine, NuMED, Inc., NuOrtho Surgical, Inc., ciation, Southern California Biomedical Inc., LAAx, Inc., Laser Peripherals, LLC, NuVasive. Council (SoCalBio), SP Surgical, SPE Med- LeukoDx Ltd., LFI Medical. Nuvimedix LLC, NxStage Medical, Inc., ical, SpectraScience, Inc, Spherlngenics, Life Core Technologies, Life Science Ten- NxThera, Inc, O.E. Meyer Co., Obalon Thera- Inc., Spinal Kinetics, Spinal Modulation, nessee, Life Spine, Inc., Life Technologies, peutics, OBMedical Company, OCTANe, Ohio Inc., Spinal Ventures, LLC, SpinalMotion, Lifecore Biomedical, LLC, LifeScience Alley, Chamber of Commerce, Ohio Manufacturers’ Inc., Spine Wave, Inc., SpineAlign Medical LifeScience Plus, Inc., LifeWave, Lightstone Association, OmniGuide Surgical, Inc., SpineGuard. Ventures, Linde Healthcare, LipoScience, OmniGuide, Inc., OMNIlife science, Inc., On- Spineology Inc., Spinofix, Inc., Spiracur Inc., LogicMark, LLC, Logikos, Inc., X Life Technologies, Inc., Onciomed, Inc., Inc., Spiration, Inc., SPIWay, LLC Split Lonestar Heart, Inc., Louisiana Dental Asso- OncoHealth, ONSET Ventures, OPHTEC Rock Partners, St. Jude Medical, STAAR ciation, Luminex Corporation, Lutonix, Inc., USA, Inc., OptiMedica, OptiScan Biomedical, Surgical Company, STD Med, Inc., SteriPack Mack Medical, MacuCLEAR, Inc., Magellan Inc., Orange County Business Council. USA, Ltd, Steris Corporation, Stimwave, Technologies, Inc., Magnolia Medical Tech- OraSure Technologies, Inc., Oraya Thera- Stout Medical Group, Strada Consulting, nologies, Inc., Maine Standards Company, peutics, Orbital Research Inc., Orchid Ortho- Streamline, Inc., Streck, Inc., Strohl Med- LLC. pedic Solutions, Oregon Bioscience Associa- ical, Stryker, Sunshine Heart, SunShine Mammotome, Manufacturers Association tion, Orlucent, Ortho Kinematics, OrthoCor Medical LLC. of Maine, Mardil Medical, Inc., MarketLab, Medical, Orthodontic Manufacturers Asso- superDimension, Ltd., Surface Solutions Masimo, Massachusetts Dental Society, Mas- ciation, Orthofix International N.V., Labs, Inc., SurgeOptix, SurModics, Inc., sachusetts Medical Device Industry Council OrthogenRx, Inc., Orthopaedic Implant Com- Svelte Medical Systems, Inc., Swan Valley MedIC, MassBio, Materna Medical, Mauna pany (OIC), OrthoSensor, OrthoWorx, Medical, Incorporated, Sylvan Fiberoptics, Kea Technologies, MB Venture Partners, OsteoMed, Ostial Corporation, Ottobock U.S. Synapse Biomedical, Inc., Synarc, Inc., LLC, MBio Diagnostics, Inc., MBL Inter- HealthCare, Owens & Minor, Palo Alto SynCardia Systems, Inc., Synecor, LLC, national Corporation, Mectra Labs Inc., Health Sciences, Inc., Paracor Medical, Inc., Synergy Life Science Partners, Syntermed, MED-EL Corporation, Medafor, Inc., MedDx Paradigm Spine, LLC, PasticsOne. Inc., Sysdyne Corporation, Tactile Systems Capital Advisors, Medenovo, LLC, Medical Pathfinder Therapeutics, Inc., Pathway Technology, Inc., Tandem Diabetes, Device Consultants, Inc., Medical Device Medical Technologoes, Patient Pocket, LLC, Targeson, Inc.,Target Discovery, Inc., Tarsus Manufacturers Association, Medical Engi- Penn-Century, Inc., Pennsylvania Bio, Penn- Medical Inc., TearScience, Inc., TEI Bio- neering Innovations, Inc., Medical Imaging & sylvania Dental Association, Penumbra, Inc., sciences Inc., TEKNA Manufacturing, LLC. Technology Alliance. PercSys, Percutaneous Systems, Philips Teleflex Incorporated, Temptime, Tenaxis Medical innovations Intl. Inc., Medical Electronics North America, Phillips Con- Medical, Inc., Teratech Corporation, Terumo Polymers, Inc., Mediclever, Medigroup, Inc., sulting Group, LLC, Phlebotics, Inc., BCT, Inc., Terumo Medical, Tethys Bio- MediStim USA, Inc., MedOne Surgical, Inc., PhotoMed Technologies, Inc., PhotoThera, science, Inc.,Texas Healthcare and Bio- Medrobiotics Corporation, MedShape, Inc., Pioneer Surgical, Pittsburgh Life science Institute, The Eclipse Group, The MedTech Association of New York, Med Sciences Greenhouse, Pittsburgh Technology Foundry, The Innovation Factory, The Plas- Waves, Inc., Megadyne, Mercury Medical, Council Pivot Medical Inc., Plasma Tech- tics Industry Trade Association (SPI), The Merit Medical Systems, Inc., Metric Medical nologies, Inc., Plexus Corp., Pluromed, Inc., Spectranetics Corporation, The Tech Council Devices, Inc., Metronom Health, Inc., Poilgrim Software, Inc., Portaero. of Maryland, The Vertical Group, Thera- Mettler Electronics Corp., Mevion Medical Preceptis Medical, Inc., Precise-Pak Inc., peutic Resources, Inc., TheraTogs, Inc., Systems, Inc., MGC Diagnostics, Micardia Pressure Biosciences, Inc. (PBIO), Presymtec ThermalTherapeutic Systems, Inc. Corporation, Micell Technologies, MichBio, Medical, Prism VentureWorks, Prizm Med- Thermo Fisher Scientific, ThermoGenesis Michigan Dental Association. ical, Inc., Pro2Med Inc., ProMedTek, Corp., Therox, THI, Inc., Thoratec Corpora- MicroCube, Microline Surgical, Inc., Prosolia, Inc., Prospect Venture Partners, tion, Three Arch Partners, ThreeWire, Micronics, Inc., MicroTransponder Inc., Prospex Medical, Proteus Bimedical, Inc., Thubrikar Aortic Valve, Inc., TIDI Products, Midmark Corporation, Mighty Oak Medical, PuriCore, QHeart Medical Inc., Qualcomm Tissue Regenix USA Inc., Titan Spine, LLC, Millar Instruments, Inc., MIM Software Inc., Life, Inc., QualPro Consulting, Quasar Bio- Toshiba America Medical Systems, Inc., Minerva Medical, Minnesota Dental Associa- Tech Inc., Quidel Corporation, RBC Capital Tosoh Bioscience Inc., Trademark Medical, tion, Minnetronix, Mirabilis Medica, Inc., Markets, Redpoint Corporation. Transcend Medical, Transcorp Mirador Biomedical, Miramar Labs, Mis- Regenesis Bomedical, Inc., Regulatory & Spine,TransEnterix, TransMedics, Inc., sissippi Dental Association, Missouri Bio- Quality Solutions LLC, Reichert Tech- Transonic Systems, Inc., Trillium technology Association, MitraGen, nologies, Reimbursement Strategies, LLC, Diagnostics, LLC, Trillium Engineering.

VerDate Mar 15 2010 08:01 Sep 29, 2013 Jkt 029060 PO 00000 Frm 00071 Fmt 0636 Sfmt 0634 E:\CR\FM\A28SE7.036 H28SEPT1 smartinez on DSK6TPTVN1PROD with HOUSE H5996 CONGRESSIONAL RECORD — HOUSE September 28, 2013 TriReme Medical, Inc., TriVascular, Inc., plus years, multiple Presidents, has At this point I would again ask for Twin Star Medical, TYRX, Inc., U.S. Cham- come to the conclusion that when support of the bill. ber of Commerce, Ulthera, UltiMed, Unilife there are Americans who need access Mrs. LOWEY. Mr. Speaker, I am very medical solutions, Uresil, Urologix, Inc., to health care, that there’s going to be Uromedica, Inc., Uroplasty, Inc., Urovalve, pleased to yield 3 minutes to the dis- Inc., USGI Medical, Inc., USHIFU, LLC, a way for them to get it. tinguished whip from Maryland (Mr. Those changes are going to open on Utah Dental Association, Utah Technology HOYER). Council, Valeritas, Inc., Valley Ventures, October 1 no matter what we do. The ValveXchange, Inc., Vapotherm. majority needs to speak a little hard Mr. HOYER. I thank the gentlelady Vascular Solutions, Inc., Vector Resources, truth in the mirror to itself on this for yielding. Vector Surgical, LLC, VectraCor, Inc., matter. The sooner the better. Mr. Speaker, the gentleman from Velico Medical, Inc., Velomedix, Inc., Ven- Mr. ROGERS of Kentucky. Mr. Georgia said that this health care was Tel Plastics Corporation, VENITI, Inc., Ve- Speaker, I yield 2 minutes to the dis- about one-sixth of the economy; he’s nous Health, Ventus Medical, Inc., Veracyte, tinguished gentleman from Pennsyl- Verax Biomedical Incorporated, Veritomyx, right. This continuing resolution is vania (Mr. DENT), who is the vice chair- Inc., Versant Ventures, VertiFlex® Inc., about 100 percent of the economy. man of the Appropriations Sub- Vertos Medical Inc., Vibrynt, Inc., VIDA Why are we here, Mr. Speaker? The Diagnostics, Vidacare, Viking Systems, Inc., committee on State and Foreign Oper- Virginia Bio. ations. American people are asking them- Virginia Biotechnology Association, Vir- Mr. DENT. Mr. Speaker, I want to selves: What is this debate about? We ginia Dental Association, VirtualScopics, say very clearly: I certainly oppose passed a budget in this House setting Inc., Viscogliosi Bros., LLC, Vision-Sciences, shutting down the government. I cer- spending at $967 billion. The Senate Inc., VisionCare Ophthalmic Technologies, tainly oppose defaulting on this coun- passed a budget at $1.058 trillion. VisionQuest Industries, Inc., Vital Images, try’s obligations. We have an obliga- There’s a $91 billion difference between Inc., Vital Therapies, Inc., Vital/Med Sys- tion to govern; I take that very seri- tems Corporation, Vitalcor, Viveve, Volcano the Senate and the House. This House, Corporation, VueTek Scientific, LLC, W. L. ously. I do support the underlying bill which talks about negotiations, has re- Gore & Associates, Warsaw-Kosciusko Coun- under consideration here today, spe- fused to go to conference. ty Chamber of Commerce, Washington Bio- cifically because of the repeal of the technology. & Biomedical Association, medical device tax, which in my dis- b 2215 Water Street Healthcare Partners, Waters trict is real. Corporation, WaterStreet. The medical device tax is stifling in- So we have not reached an agreement WaveTec Vision, Welch Allyn, Wenzel novation; it is costing us jobs; and it is on a number; that’s why we are here. Spine, Inc., Wescor, White Pine Medical, raising costs, which unfortunately ap- Nor have we passed two-thirds of the Inc., Wilson Sonsini Goodrich & Rosati, Wis- pears to be the health care law consin Dental Association, Woolfson Eye In- appropriations bills through this stitute, Wright Medical, Wyoming Dental trifecta—raising costs, stifling innova- House. In fact, one was brought to the Association, X-Spine, Xlumena, Yukon Med- tion, and destroying jobs. floor and pulled off the floor because at ical, ZELTIQ, Zilico Limited, Zimmer, Inc., Specifically, one company in my dis- the $967 billion Republican budget, you Zoe Medical, Inc., ZOLL Medical, Zyga Tech- trict, with nearly 2,000 employees, said cannot pass those appropriations bills nologies, Zynex. that there are no raises for their em- if there were no Democrat in the Mrs. LOWEY. Mr. Speaker, I am very ployees because of this tax this year. House. My friend, Mr. ROGERS, knows pleased to yield 2 minutes to the gen- Another small company called me up. that. tleman from Pennsylvania (Mr. He makes prosthetic limbs for many My friend, Mr. ROGERS, talked about FATTAH), the distinguished ranking folks, including troops who come back responsibility. We ought to be respon- member of the Appropriations Com- from the wars. He said, you know, sible. I believe that on the Republican mittee. we’ve been in business for 100 years; we Mr. FATTAH. I thank the gentlelady. have a little over 50 people. We’re prob- side of the aisle there are at least 150 Mr. Speaker, I’ve been here for 10 ably not going to make it because of Members who believe that we ought to terms, and I’ve seen a lot. I was here this. They need our help. They’re cry- be responsible, who believe this con- when most of the Members of my party ing out for help. stant harping on the Affordable Care voted against the prescription drug Look, I understand we have to keep Act, which was the central part of the program offered by the other team. the government open, but we know last election, and you want to deny the President Bush pushed it through, and that 79 Senators are on record in sup- fact that elections make a difference. it created a $7 trillion hole in the budg- port of repealing this tax, Republican One of the speakers got up and said et. It wasn’t paid for. and Democrat, States from Minnesota this mandate is unconstitutional, so he But after we won the majority, we to Massachusetts to New Jersey to also wants to deny the fact that the won the Presidency, we didn’t go back Pennsylvania. This is a very big deal, Supreme Court of the United States to try to undo it. We actually worked but we need to do it. has specifically said it is constitu- to fix it a little bit—we got rid of the I also know there is a delay of the tional. But it doesn’t comport with doughnut hole—and we embraced it law in this bill. I fully expect that your view; and, therefore, you reject it and moved forward. when this is sent over to the Senate, as you have rejected the results of the There seems to be a problem on the the Senate will likely pull that out, election. other side. They don’t seem to want to but they will likely seriously consider come to grips with the fact that the the medical device tax. Let’s get that Mr. Speaker, as the Representatives game is over, that the teams have left done. It’s imperative for us to do so. of 316 million Americans, we have a the field, and that this question about Again, so many people’s livelihoods are special obligation to see past the poli- the affordable health care bill is set- dependent on this. tics of the moment and embrace the tled law; that is to say, that this con- We make things in this country; we spirit of cooperation for the sake of the sistency would be admirable except it’s make medical devices in this country; public good, not our good, not our poli- somewhat of a kind of foolish consist- and we ought to make sure that we tics. Not a single one of us is here be- ency to come 40-plus times, attempting don’t do anything to harm them. Many cause we were thought to be the best at to delay or to repeal the ObamaCare of these manufacturers are going to be doing nothing or saying no. Each of us Act, as they refer to it. It doesn’t make moving operations overseas. We know was sent here because our neighbors any sense. this. Let’s not let it happen. believe we have something positive to We’re not in negotiations with the America has an advantage in this contribute, that we could do what is President. We’re trying to pass a bill area; let’s try to maintain it. A 2.3 per- right for our country. that the Senate will pass, and the Sen- cent tax really is harming these small The SPEAKER pro tempore. The ate has made it clear that they have no startup companies that need access to time of the gentleman has expired. intention of retreating or equivocating capital. It’s going to be much harder one inch on this matter. So all we’re for folks. I can take you to the Univer- Mrs. LOWEY. I yield an additional doing is spinning our wheels. sity of Pennsylvania and show you minute to the gentleman from Mary- So to delay health care, I would say startups that are helping us deal with land. this: health care delayed is health care concussions, that are not going to be Mr. HOYER. Not for our politics, but denied. And our country, after some 90- able to bring their product to market. for our country and for our people.

VerDate Mar 15 2010 08:01 Sep 29, 2013 Jkt 029060 PO 00000 Frm 00072 Fmt 0636 Sfmt 0634 E:\CR\FM\A28SE7.039 H28SEPT1 smartinez on DSK6TPTVN1PROD with HOUSE September 28, 2013 CONGRESSIONAL RECORD — HOUSE H5997 We have not a matter of days, but Mrs. LOWEY. Mr. Speaker, I am guished gentleman from Minnesota hours left to prevent our government pleased to yield 1 minute to the gen- (Mr. ELLISON). from shutting down. A shutdown is not tleman from New Jersey (Mr. AN- Mr. ELLISON. Mr. Speaker, this bill a tactic; it is not a strategy. It is a DREWS), the distinguished leader of the shuts down the government. The Sen- failure for this country. Let us not be Steering and Policy Committee of the ate passed a clean CR. We could take it the country whose representatives can- House of Representatives. up right now, we could pass it, and we not work together to fulfill the most (Mr. ANDREWS asked and was given could keep the government open. basic function of government. permission to revise and extend his re- But if we do something to change My friends across the aisle voted over marks.) this Senate bill and we amend it and 40 times to derail the Affordable Care Mr. ANDREWS. Mr. Speaker, imag- send it back, the time that would be Act without success. When do you say ine you lived in a town where the needed to avoid a shutdown would be enough is enough, let us move on re- mayor and the council were fighting gone. No matter what your views are sponsibly to make government work— over a tax increase of the budget, and on these amendments, a vote for them at, by the way, your level? The Presi- the mayor of the town said: If I don’t is a shutdown, make no mistake about dent has said he would sign a bill at get my way, I’m going to stop paying it. The Republican majority knows this. your level, not a negotiated level, at the police department, close the They are well aware what they’re doing your level. You’ve won, but you can’t schools, turn off the street lights and is designed to shut down the govern- take yes for an answer. The Senate re- not pick up the trash. That mayor ment. They’re shutting it down. The jected it, as they will reject this new would get recalled by the end of the only question before the American peo- attempt. week. ple now is will they continue to tol- Instead, now is the time to try a dif- That is what the Republican major- erate this kind of behavior. ferent approach. ity is doing to the country here to- We are here to govern; we are here to The SPEAKER pro tempore. The night. They made it very clear they look after the American people. We are time of the gentleman has again ex- don’t like the Affordable Care Act. here to make sure that the full faith of pired. Forty-six times they voted to repeal it. this government maintains, and not Mrs. LOWEY. I yield an additional 30 Now they’re saying something a lit- just in the financial sense but in the seconds to the gentleman from Mary- tle bit different. They’re saying to the mental sense. People have to believe in land. country: you can either have a budget us. Mr. HOYER. Mr. Speaker, it is time that makes the country run without When they shut this government to let this House and not just a small the Affordable Care Act, or you can’t down, they do something fundamental. faction of the House, which I tell my have a country with a budget that They shake the confidence of this Na- responsible friends on the Republican runs. tion. It is wrong. We should oppose it. side of the aisle, you ought to reject, This is not the way to legislate; this Vote ‘‘no’’ on all these amendments. you ought to say enough is enough, you is not the way to do the people’s busi- Mr. ROGERS of Kentucky. Mr. ought to say let’s move on, you’ve had ness. We should have the Senate bill on Speaker, I yield 1 minute to the gen- your votes, we lost. the floor and vote on it. This will sure- tleman from California (Mr. ROHR- Let us live up to the responsibility ly cause a shutdown of the govern- ABACHER). that our Founders instilled in this ment. Mr. ROHRABACHER. Mr. Speaker, I great people’s House and continue to be It is an outrage, it is an abandon- have been listening to this debate, and the democracy that is the envy of the ment of responsibility, and all Mem- we are not coming to grips with what world. Let us make sure that when peo- bers should oppose these amendments the central issue is. ple look at America they look at Amer- so we can keep this government open. The bottom line is we understand ica as a country that works, at an Mr. ROGERS of Kentucky. Mr. that on this side we have people who America that can be united, at an Speaker, I yield 1 minute to the gentle- believe the ObamaCare legislation will America that believes ‘‘e pluribus lady from Indiana (Mrs. BROOKS). be very detrimental to the people of unum’’ still is our motto. Mrs. BROOKS of Indiana. Mr. Speak- the United States. We have people on The SPEAKER pro tempore. The er, I rise today in support of this this side of the aisle who believe it will Chair would remind Members to ad- amendment. be very good for the people of the dress their remarks to the Chair. When the Affordable Care Act was United States. Mrs. LOWEY. Mr. Speaker, I’m very passed, I am certain that the other side How do we work this out in a demo- pleased to yield 3 minutes to the gen- did not intend that so many jobs would cratic process? We try to find a com- promise. This bill is not about whether tleman from Michigan (Mr. LEVIN), the be lost. Over 10,000 device jobs have al- ObamaCare is going to come in or not. distinguished ranking member of the ready been lost or announced lost in What we are voting on is whether or Ways and Means Committee. this country. The tax on medical inno- not you will accept the compromise (Mr. LEVIN asked and was given per- vation in place since the beginning of mission to revise and extend his re- which we have reached out to offer to this year has already killed these jobs, say, look, there’s apprehension in the marks.) jobs like 1,700 at Abbott Labs; 2,400 an- Mr. LEVIN. Mr. Speaker, I urge that private sector and the government peo- nounced by Boston Scientific; 300 to 400 we need to pause to consider the real ple tell us they aren’t even ready to en- in my State, Cook Medical in Indiana; meaning of what’s happening tonight. force ObamaCare; let’s postpone it for a 200, Hill-Rom; Medtronic, 1,000 jobs This is more than about a vote or two. year. lost; Zimmer, 450. I think this is a fateful occasion. It sig- That’s what this vote is all about: Twenty thousand Hoosiers are em- nifies this: Will you accept the compromise? If ployed by the medical device industry The Republican Party in the House is this government shuts down, it’s be- in Indiana—many all across the coun- being thoroughly radicalized. There are cause you have not accepted the com- try. The average wage is $60,000. This Republicans cheering as the U.S. ship promise that Republicans have reached tax can result in a loss of over 45,000 of state goes over the cliff. out to you and offered. A House Republican colleague of ours jobs nationwide. We have to understand, in this demo- said this, as reported today: It is hurting people with diseases. cratic process it’s not like the Presi- These innovations that these compa- I do believe Republicans will be blamed. dent says: There will be no negotia- There are some, I think, who would relish a nies produce help save lives. They do tions, no negotiations. He will nego- showdown. I think that’s unfortunate. It’s help people with their diseases and tiate with foreign dictators before he worse than unfortunate. It’s historically with things that are happening with will negotiate with us. reckless and radical. This is an eventful and, their bodies. It is not an exaggeration We have reached out with a com- I think, shameful night for the Republican to say that this tax has deadly results. promise. Please accept the compromise Party in the House of Representatives. For months, I’ve heard there’s bipar- and keep the government open. Mr. ROGERS of Kentucky. Mr. tisan support. Where is it? The SPEAKER pro tempore. The Speaker, I reserve the balance of my Mrs. LOWEY. Mr. Speaker, I am Chair would once again remind Mem- time. pleased to yield 1 minute to the distin- bers to address their remarks to the

VerDate Mar 15 2010 07:21 Sep 29, 2013 Jkt 029060 PO 00000 Frm 00073 Fmt 0636 Sfmt 0634 E:\CR\FM\K28SE7.093 H28SEPT1 smartinez on DSK6TPTVN1PROD with HOUSE H5998 CONGRESSIONAL RECORD — HOUSE September 28, 2013 Chair and not to others in the second Mrs. LOWEY. Mr. Speaker, I am ical devices? Medicare. By expanding person. pleased to yield 1 minute to the gen- the Affordable Care Act, we are going Mrs. LOWEY. Mr. Speaker, I am very tleman from California (Mr. WAXMAN). to have more customers who are going pleased to yield 1 minute to the distin- Mr. WAXMAN. Mr. Speaker and my to purchase more medical devices. guished gentleman from Georgia (Mr. colleagues, the Republicans would not That’s the reality actuarially of what SCOTT). work with us and figure out how we are discussing tonight. Mr. DAVID SCOTT of Georgia. Mr. ObamaCare should meet the needs of This notion that you can separate Speaker, let’s say exactly what this is. the American people, but it was passed the revenue portion from the overall This is about a shutdown being ordered into law. The courts approved it. The legislation is ill-considered, and every- by the Republican Party. It is your ini- electorate voted and approved the body knows it. This was negotiated in tiative. President, who supported it. And now the full light of day—thoroughly dis- The reason for that is because you the Republicans say they are offering a cussed. have been hijacked by a small group of compromise? Return to the argument I made a mo- extreme folks who simply hate this Their compromise would deny people ment ago. If you’re interested in not President. That’s all that this is about. for a year health care because of pre- killing jobs, stop this ruse that you’re The American people reject it be- existing conditions, and it would make playing on the American people to- cause we had the election and the ma- sure that the people who can’t afford night and with the full faith and credit jority of the American people elected health care can’t get it for a year, but of the United States—with the debt ob- President Obama. You hate that when it does worse than that. It takes people ligations that we have. you see that because—shake your head on Medicare, and it keeps them from Mr. ROGERS of Kentucky. Mr. if you want to—you cannot separate getting the break on their prescription Speaker, I yield 1 minute to the gen- ObamaCare from the President of the drugs and keeps their doctors from get- tleman from Pennsylvania (Mr. United States. It’s one and the same. ting the increase in reimbursement for ROTHFUS). Mr. ROTHFUS. Mr. Speaker, some- You’re the ones that are offering the their services. It would stop the expan- times I wonder if we are discussing the shutdown. sion of Medicaid for very low-income same bill. The SPEAKER pro tempore. The gen- people. This is a bill that is to keep the gov- tleman will suspend. This isn’t just postponing it. It is un- ernment open. I looked at the Afford- The Chair has on at least three occa- dercutting the Affordable Care Act, able Care Act. The President made a sions reminded Members to address and the tax provision on medical de- guarantee, a simple guarantee: If you their remarks to the Chair. The Chair vices will only widen the deficit. Their like your health care plan, you can would advise the gentleman to address provision will cost us money. If they keep it. his remarks to the Chair. shut down the government, it will hurt When I go to a store and I buy a prod- Mr. DAVID SCOTT of Georgia. Mr. a lot of people, not just government uct and it comes with a guarantee and Speaker, Alexander Hamilton and employees but people all across the it doesn’t work, you take it back; you Thomas Jefferson hated each other so country. get your money back; and you look for much. But that hate that they had for Reject this Republican proposal, and a new product. People are losing their each other did not come before the love let’s improve funding for the govern- health care plans. of their country. Your hate for this ment. Now is the time to take some time President is coming before the love of Mr. ROGERS of Kentucky. Mr. for what would be bipartisan health this country because if you loved this Speaker, I yield 1 minute to the gen- care reform, not a bill that was country, you would not be closing it tleman from Colorado (Mr. COFFMAN). rammed through on a party-line vote down. Mr. COFFMAN. Thank you, Mr. so that we could pass it to find out The SPEAKER pro tempore. Once Chairman. what was in it. The American people again, the Chair would ask Members to Mr. Speaker, Mr. WAXMAN just got up are finding out what’s in it. It’s time address their remarks to the Chair. and eloquently spoke about the need to for a new product, and it’s time for bi- Mr. ROGERS of Kentucky. Mr. keep these insurance reforms in place, partisan health care reform. Speaker, I yield 1 minute to the gen- particularly about preexisting condi- I ask for the folks across the aisle to tleman from North Carolina (Mr. tions. I would encourage him to read come together, and let’s do something MEADOWS). the bill—and it does that. that empowers the American people Mr. MEADOWS. Mr. Speaker, my re- What the bill, in fact, does say is and not the elites at HHS here in marks will change based on the last re- that those insurance reforms that were Washington, D.C. marks that were just given. in place in the provisions of Mrs. LOWEY. Mr. Speaker, I am I think it’s important that we do not ObamaCare prior to 1 October will re- pleased to yield 2 minutes to the gen- challenge in this Chamber the love main in place and that the rest of it tleman from New York (Mr. ISRAEL). that each Member here has for their will, in fact, be delayed. Mr. ISRAEL. I thank the distin- country. Many of us have made great Mrs. LOWEY. Mr. Speaker, I am guished ranking member. sacrifices to represent the people, Mr. pleased to yield 1 minute to the distin- Mr. Speaker, for people who are tun- Speaker, that we represent. guished gentleman from Massachusetts ing in to this debate, I want to make To question that is certainly looking (Mr. NEAL). sure there is no confusion. This is not at history with a very myopic view. Be- (Mr. NEAL asked and was given per- ‘‘Saturday Night Live.’’ This is the Re- cause if we were to blame this just on mission to revise and extend his re- publican majority at work. Only they the Tea Party or some extreme group, marks.) are not working—it is a game. It is a we would be ignoring history. This gov- Mr. NEAL. The job killer that we are game that they have played since day ernment has been shut down 17 times, threatening tonight has nothing to do one. This has been the Congress of Mr. Speaker, and 13 of those times it with the medical device tax. It has to chronic chaos since day one, and to- was when a Democrat was in that do with our giving up our responsibil- night is just another episode, my col- chair. ities. The idea that we would threaten leagues, of that Congress of chronic the full faith and credit of the United chaos. b 2230 States is the issue that’s in front of us. Forget ‘‘Saturday Night Live,’’ Mr. I think it’s clear that, under Tip We negotiated that medical device Speaker. When I grew up on Long Is- O’Neill, it was shut down more than tax. It was originally proposed at 5 per- land, I used to watch one of my favor- anybody else, and it’s important that cent, and we cut it to 2.3 percent, in ad- ite cartoons, the ‘‘Road Runner.’’ Do we make sure that it’s clarified to- dition to which, based upon an industry you remember the ‘‘Road Runner,’’ Mr. night. request, we extended it to foreign com- Speaker? In every episode, another One other clarification: the motto be- petition. cliff. They have turned governing into hind you, Mr. Speaker, is not what was Now, an issue that has been conven- an old cartoon of the ‘‘Road Runner.’’ put forth by the whip from the other iently left out of this discussion is: This is not a game. The American side. It says, ‘‘In God we trust.’’ Who is the biggest purchaser of med- people deserve better than this. This is

VerDate Mar 15 2010 07:21 Sep 29, 2013 Jkt 029060 PO 00000 Frm 00074 Fmt 0636 Sfmt 0634 E:\CR\FM\K28SE7.095 H28SEPT1 smartinez on DSK6TPTVN1PROD with HOUSE September 28, 2013 CONGRESSIONAL RECORD — HOUSE H5999 not about the Affordable Care Act, Mr. with the House of Representatives— Mrs. LOWEY. Mr. Speaker, I am Speaker. This is not about ObamaCare, with the majority that was elected by pleased to yield 1 minute to the gentle- Mr. Speaker. This is about whether we our constituents to do everything in woman from Texas (Ms. JACKSON LEE). govern. This is about whether they are our power to delay, defund, or stop Ms. JACKSON LEE. I thank the gen- willing to hold this economy hostage ObamaCare. tlelady from New York. to their ideology. This is about wheth- The last time we sent this bill to the Mr. Speaker, I would like to an- er they are willing to put people out of Senate, it was a complete and total nounce breaking news. Texas happens work because of their extremism—and defunding of ObamaCare. It stopped it to be a very diverse State, and my good they use the Affordable Care Act as a cold. We have compromised as the friend from Texas just stood up and subterfuge. democratic process requires. Tonight, made an absurd proclamation—abso- Mitt Romney said they’re going too we offer the Democrat minority a com- lutely absurd. far. Karl Rove said they’re going too promise. Let’s just delay it for a year. In coming from a State where there far. The Chamber of Commerce said Let’s give the Nation a chance to see are 6 million-plus uninsured individ- they’re going too far. The Wall Street what’s in that 2,500-page bill that uals, he knows full well that tonight, Journal said they’re going too far. And NANCY PELOSI had no idea what it was. when we vote to shut down the govern- what are they doing tonight? Going At the time, she said that we have to ment, he will, in fact, also eliminate farther. They’re doubling down. pass the law before we find out what’s the Affordable Care Act, not delay it. The American people have gone from in it. We are discovering every day new What he will do is he will then tell deep disappointment in this dysfunc- horror stories. those who have a preexisting disease tional majority to absolute outrage The American people deserve to have that the law is delayed. He will tell with this dysfunctional majority. Mr. time to see what this monstrosity will children who need preventative care Speaker, the American people who are do before it is implemented. We are that the law is delayed. Further, he watching this and watching this Con- simply offering a compromise of a will tell our creditors that we are irre- gress want reasonable leaders with rea- year’s delay. We are even fully funding sponsible as a country, and he will tell sonable solutions and commonsense the troops—another compromise. the American people, whose jobs de- ideas for this country, not shutdowns, That’s the way it works in the demo- pend upon the government operating, not showdowns, not cliffs, not chaos, cratic process, but it’s hard to do it that you don’t count. I don’t want to live in a Nation where not cartoons, which we get tonight and with people who won’t even talk to someone can say to the Nation and say which we have gotten every single you. to the people that you don’t count. night since this majority became the Mrs. LOWEY. Mr. Speaker, I am I have said it before, and I am saying majority. When this government shuts pleased to yield 1 minute to the gentle- it again: When we vote tonight, we will down because of them, Mr. Speaker, woman from Illinois (Ms. SCHA- be voting to shut down the govern- Americans are going to have to con- KOWSKY). ment. You will be voting to ignore the tinue to pay their taxes. Ms. SCHAKOWSKY. Mr. Speaker, we States and the responsibilities of this Mr. ROGERS of Kentucky. Mr. are just 2 days away from a Republican country in paying its debt. Speaker, I yield 2 minutes to the gen- government shutdown. Now, you can Mr. Speaker, I rise in strong opposition to tleman from Texas (Mr. CULBERSON), try to deny it, but you’re going to have the amendment, which is another attempt to who is the chairman of the Appropria- to wear the jacket. veer away from the responsibilities of running tions Subcommittee on the MilCon and The Fiscal Times says that it’s going the country and into the ditch of selfishness VA. to cost $150 million a day to shut down and bitterness which is truly the realm of the Mr. CULBERSON. Thank you, Mr. the government. un-Patriotic! Chairman. The Chicago Tribune says that the I oppose this amendment because it puts an Mr. Speaker, as we say in Texas, it’s National Park Service would close all anchor on a clean continuing resolution which time to get a few things straight 401 national parks, and approximately unnecessarily and perniciously weighs down around here. half the government’s civilian work- the hopes and dreams of my constituents in We in the House of Representatives force—about 1.2 million employees—is Houston and the American people. It condi- passed a Defense Department appro- expected to have furloughs. tions the funding needed to avoid a govern- priations bill back in June. We passed The Washington Post said that the ment shutdown on a repeal of the excise tax a Military Construction-VA appropria- Department of Veterans Affairs told on certain medical devices that helps defray tions bill back in June to make sure congressional officials last Friday that the cost of the affordable, quality healthcare our veterans were taken care of. We all benefit checks it issues, including made available for the first time to millions of passed legislation to protect our home- disability claims and pension pay- Americans by the Affordable Care Act (ACA). land. The Department of Homeland Se- ments, will be disrupted if a govern- I oppose this rule because the amendment curity is fully funded. Everything the ment shutdown lasts for a while. it makes ‘‘in order’’ to the ‘‘clean’’ continuing President asked for and everything the ABC News talks about the suspension resolution passed yesterday by the Senate agencies asked for passed out of the of approval of applications for small will, if approved, result in a shutdown of the House earlier this summer. We even business loans and about medical re- government. Both President Obama and Sen- passed an Energy and Water appropria- search being interrupted. ate Majority Leader Reid have it crystal clear tions bill. The Wall Street Journal has a warn- that they will not accept any continuing resolu- They are sitting in the Senate, and ing, too. It says that some Republicans tion containing any provision to delay, defund, they could have been passed back over think they are sure to hold seats in the or weaken the Affordable Care Act. here very, very easily because the Sen- House in 2014—no matter what hap- The ACA was carefully crafted so that it will ate has been known to move like light- pens—because of gerrymandering, but not add to the budget deficit. To help pay for ning when they need to. They’ve even even those levees won’t hold if there is the expansion of health coverage to 27 million deemed the bills before they’ve passed. a wave of revulsion against the GOP. uninsured Americans, the ACA either reduces Yet, in the democratic process, all of Marginal seats still matter for control- Medicare payments or increases taxes for a us have learned ever since elementary ling Congress. The kamikazes could wide range of industries that will benefit from school that the democratic process re- end up ensuring the return of all- health reform, including hospitals, home health quires compromise: two sides that dis- Democratic rule. agencies, clinical laboratories, health insur- agree find a way to come closer to- Mr. ROGERS of Kentucky. Might I ance providers, drug companies, and manu- gether. inquire of the time remaining, Mr. facturers of medical devices. For the first time today since 1979, Speaker. The concept of ‘‘shared sacrifice’’ is some- the President of the United States The SPEAKER pro tempore. The gen- thing that every American should embrace; reached out to the dictator in Tehran, tleman from Kentucky has 31⁄2 minutes and the medical device tax is part of that sac- who has sworn to erase Israel from the remaining, and the gentlewoman from rifice in which we all share—a true embodi- map. The President of the United New York has 5 minutes remaining. ment of this sacred notion. States will talk to the dictator of Mr. ROGERS of Kentucky. I reserve A 2.3–percent excise tax is imposed on the Tehran, but he won’t even negotiate the balance of my time. sale of any taxable medical device by the

VerDate Mar 15 2010 07:21 Sep 29, 2013 Jkt 029060 PO 00000 Frm 00075 Fmt 0636 Sfmt 9920 E:\CR\FM\K28SE7.096 H28SEPT1 smartinez on DSK6TPTVN1PROD with HOUSE H6000 CONGRESSIONAL RECORD — HOUSE September 28, 2013 manufacturer or importer of the device starting effect between October 1, 2013 and Decem- people and pass a clean CR and keep the in 2013. Eyeglasses, contact lenses, hearing ber 31, 2014. government open to do the people’s business. aids, or any other medical device that the pub- I oppose this amendment for several rea- I urge all my colleagues to join me in voting lic generally buys at retail for individual use sons. First, the amendment will lead to a gov- against the Blackburn Amendment. are exempted. Sales for further manufacture ernment shutdown because it imposes a con- Mr. ROGERS of Kentucky. I continue or for export are also tax-exempt. dition that House Republicans know the Sen- to reserve the balance of my time. Last year the House passed H.R. 436, ate and the President will not accept. Mrs. LOWEY. Mr. Speaker, I am which would have repealed the tax, and bills Second, I oppose the amendment because pleased to yield 1 minute to the gentle- to repeal the tax have been introduced in both it is bad for America and Americans. The pro- lady from Wisconsin (Ms. MOORE). the House and Senate this year. Nobody likes ponents of the Blackburn Amendment claim b 2245 higher taxes but—this tax was thoroughly de- the amendment only delays the imposition of bated—and let us be clear—it is not as if the the Affordable Care Act’s individual mandate Ms. MOORE. Mr. Speaker, be not de- medical device industry did not have its voice for one year. They are wrong. ceived. The people are not mocked. In heard—and it is clear that they still have some In fact, the amendment delays the effective- 24 hours, if we don’t send an exact bill influence since bills have been introduced to ness of any provision that takes effect be- back to the Senate, not a colon, not a repeal. tween October 1, 2013 and December 31, semicolon, not a paragraph, not a word As the end of the fiscal year quickly ap- 2014. Thus, the amendment operates directly different, the government will shut proaches, the sad truth remains unchanged: on the following benefits of the Affordable down. the Speaker has surrendered the gavel to the Care Act: This debate is not about medical de- tea party’s desperate attempts to force a Re- 1. The ban on pre-existing condition dis- vices, about birth control, about publican government shutdown to put insur- crimination for adults; ObamaCare, the Affordable Care Act; it ance companies back in charge of Americans’ 2. The ban on gender rating (charging is about continuing to have our govern- health care. women more than men for the same policy); ment operate for another few days. We Democrats have an alternative, introduced 3. The 3:1 age rating, which limits the have 24 hours for this Congress to agree by my colleague, Mr. VAN HOLLEN, to fund the amount charged to older people for insurance; on the exact bill. And I agree with my government and end the devastating, across- 4. The elimination of annual limits on other colleagues, this whole debate is a the-board cuts of the sequester with a mix of healthcare costs; and subterfuge and a proxy for a strong de- spending cuts and revenue increases in order 5. The availability of health insurance pre- sire to bring this Nation to its knees to reduce the deficit in a responsible way. mium tax credits and other provisions that and to punish the people for electing I agree with President Obama that the full would save millions of middle class families Barack Obama President of the United faith and credit of the United States is non-ne- hundreds of billions of dollars. States. gotiable. The United States has been the Mr. Speaker, this marks the the 43rd time Mrs. LOWEY. Mr. Speaker, I’m worldwide standard bearer for many years and House Republicans have tried to repeal, pleased to yield 1 minute to the gen- many other nations have been comfortable defund, or delay the Affordable Care Act. To tleman from California (Mr. SHERMAN). holding our paper, but now our preeminent fi- date the record is: ObamaCare—42, House Mr. SHERMAN. Mr. Speaker, soon nancial status is in jeopardy. Republicans—zero. the government of the world’s greatest Mr. Speaker, you may recall that two years Mr. Speaker, the Blackburn Amendment is country will shut down, and it will re- ago the Nation’s credit rating was downgraded misguided, ill-considered, and harmful to open only when the public decides that for the first time ever because of politicized America, and especially my constituents in the one party is uncompromising and un- negotiations and the initial failure to reach an 18th Congressional District of Texas. Specifi- reasonable. agreement—and now we risk that and more cally, the Blackburn Amendment would allow A CR sets our spending level. This CR because an odd lot of Members in this body insurers to continue denying coverage to sets the spending level right there at and one, perhaps two in our bicameral twin, those with pre-existing conditions. Were this the Republican Ryan budget level: $250 wish ill on the American people out of some amendment to become law, up to 17 million billion below the President’s request misguided principle. children nationally, and 46,000 in my congres- and $72 billion below Senate Demo- Refusing to raise the debt ceiling poses a sional district, could again be denied coverage crats. When it comes to spending lev- cataclysmic danger to the stability of our mar- by insurers due to a pre-existing conditions els, we have compromised. It is mani- kets and the economic security of our middle and it would allow insurers to continue dis- festly unreasonable to say you’re going class and complete devastation for the poor. criminating against women and those with to shut down the government to As Federal Reserve Chairman Ben medical conditions in setting premiums. achieve a legislative objective. Bernanke stated last week: ‘‘A government Were the Blackburn Amendment to become What if Democrats said, We’re going shutdown, and perhaps even more so a failure law, employers would be permitted to refuse to shut down the government if we to raise the debt limit, could have very serious to offer insurance that covers preventive serv- don’t get immigration reform, gay consequences for the financial markets and ices, including contraception for 50,000 rights, or gun control? We are as pas- for the economy . . .’’ women in my district, that they object to on sionately dedicated to those issues as Here are some of those consequences: any religious or moral grounds. our colleagues on the other side of the Higher interest rates for mortgages, auto Were the Blackburn Amendment to become aisle are to their ceaseless desire to re- loans, student loans, and credit cards. Higher law, it would take away tax credits and sub- peal ObamaCare, but we will not shut interest rates and less access to business sidies to help Americans purchase insurance down the government. We will not de- loans needed to finance payrolls, build inven- which would adversely affect 446,800 persons stroy the American economy to get our tories, or invest in equipment & construction. in Harris County and more than 2.5 million way. We will not take hostages. We Families’ retirement savings in 401(k)s drop- persons in my home State of Texas. will prevail when we persuade Repub- ping as the stock market plummets. Were the Blackburn Amendment to become licans or elect Democrats. We will not 3.4 million veterans not receiving disability law, it would take away tax credits and sub- hurt this country to get our objectives. benefits. sidies to help Americans purchase insurance. Mr. ROGERS of Kentucky. Mr. 10 million Americans not receiving their So- This would adversely affect 153,000 persons Speaker, I yield 1 minute to the gen- cial Security check on time in just the first in my district and 105 million Americans na- tleman from North Carolina (Mr. week. tionally. PITTENGER). Drug reimbursements under Medicare stop- Were the Blackburn Amendment to become Mr. PITTENGER. Thank you, Mr. ping, and doctors and hospitals not getting law, it would delay an increase in tax credits Chairman. paid. to help small businesses buy insurance for Mr. Speaker, this discussion tonight Mr. Speaker, let’s get to work on behalf of their employees. This provision has already reminds me of a courtroom scene with the American people and pass a clean CR helped 360,000 small businesses provide in- Jack Nicholson in ‘‘A Few Good Men’’: and raise the debt limit—now! The people ex- surance to more than 2 million persons. The truth? You can’t handle the truth. pect nothing less, and time is of the essence. Mr. Speaker, instead of debating amend- Mr. Speaker, we have shown the Mr. Speaker, I rise in strong opposition to ments that have no chance of becoming law other side how premiums are going up, the Blackburn Amendment, which delays for and will hurt Americans and our economy, let 200 percent and 300 percent. We’ve told one year any provision of the ACA that takes us work together on behalf of the American them about the loss of jobs, that we

VerDate Mar 15 2010 07:21 Sep 29, 2013 Jkt 029060 PO 00000 Frm 00076 Fmt 0636 Sfmt 0634 E:\CR\FM\A28SE7.027 H28SEPT1 smartinez on DSK6TPTVN1PROD with HOUSE September 28, 2013 CONGRESSIONAL RECORD — HOUSE H6001 lost full-time jobs; the unions don’t People all over this country are tell- $200 billion over 10 years and more than $1 like it; we’ve lost innovation; we have ing all of us how much they are wor- trillion over its first 20 years. I fought against enormous tax increases. They just ried about this ObamaCare that they’re including the medical device tax during debate don’t hear it. Mr. Speaker, the Amer- having to contend with starting this on the ACA and remain opposed to it now, but ican people are not lemmings, and they Monday. They’re saying, Please, give I am also committed to fiscal responsibility. don’t want to follow the lemmings us a break. Give us some time to adjust I’ve been consistent in pushing for major legis- going off the cliff. to this. Even the President admitted lation to be paid for so that we don’t leave our Mr. Speaker, it’s time that we re- that the law was not for prime time for debts to our children and grandchildren. In check this and stop this crazy, delu- the business community, and he gave 2003, I opposed the Republican Part D Pre- sional idea that nationalized, central- businesses an extra year. He’s excused scription Plan because the legislation wasn’t ized planning will work. so many other people that we don’t paid for. That legislation added hundreds of Mrs. LOWEY. Mr. Speaker, how even know about, and yet the indi- billions of dollars to the deficit. I’m dis- much time do I have remaining? vidual mandate, the requirement of the appointed that the House Republican majority The SPEAKER pro tempore. The gen- law that individuals must comply with, is again trying to take the easy way out by in- tlewoman has 2 minutes remaining, he will not yield on. creasing the deficit. and the gentleman from Kentucky has That’s what this bill does. It says I reluctantly vote no on this amendment to 21⁄2 minutes remaining. let’s take a year off and let’s work this repeal the device tax because it fails to pay Mrs. LOWEY. Mr. Speaker, my thing, let’s get the computers which for what is an important policy objective—re- friend, Mr. ROGERS, and I have been are not working to work. Let’s get the peal of the medical device tax. I will continue trying to pass a bill that would reflect computers working right. Let’s get the working with my Republican colleagues and the needs of the people of the United staff in the field. Let’s get people out our friends in the Senate to repeal the device States of America. there who can sign people up. That tax but we need to do so in a fiscally respon- My friends know that this bill is de- takes time, Mr. Speaker. That’s what sible way. I stand ready to work with my col- lusionary. It just reflects the dysfunc- this bill is all about. It says delay for leagues to find a bipartisan way to accomplish tion of my friends on the other side of just 1 year the individual mandate, that objective. the aisle. To allow the extreme wing of which is really all that’s left that’s Mr. GENE GREEN of Texas. Mr. Speaker, the Republican Party to control this still in force. Let’s take a year and per- it is time we end these games and pass a debate does not make sense at all. fect, if you can, this bill for the indi- clean continuing resolution. The American The truth is we are 2 days away from vidual. people and our economy deserve the certainty a shutdown. My friends know that this To say that what we’re after tonight of knowing that our government will remain bill is not going to be accepted by the is to shut down the government is just open for business. Senate. They sent over a bill that we not so. This is a continuing resolution. I am disappointed that a topic of such im- could have all passed, sit down and This continues the government. Like it portance: the medical device tax repeal, is work together, and keep this govern- or not, that’s what it does. So I urge a being reduced to the level of political squab- ment from shutting down. ‘‘yes’’ vote. bling over the CR. I fully support repealing this The dysfunction that is occurring be- I yield back the balance of my time. tax. I didn’t support it being included in the cause of the Republican wing of the Mr. KIND. Mr. Speaker, I rise today in sup- ACA and do believe it is bad policy. party does not make sense to me at all. port of the repeal of the medical device tax, But, to repeal this tax should be part of a You’re bowing to the extremists, the but in opposition to this partisan effort to re- larger effort to improve the ACA, not a half baked political stunt. This topic deserves Tea Party, who really don’t want to see peal the device tax without fully paying for it. thoughtful and careful debate. It should not be this process move forward. As lead Democratic sponsor on the Protect We know that the Affordable Care Medical Innovation Act that repeals the device paired with delaying the individual mandate, which is a provision, upheld by the Supreme Act is the law of the land. We know it’s tax, I have been, and continue to be, strongly Court and critical to the success of the ACA, been affirmed by the Supreme Court of supportive of repealing the medical device tax. and used to take hostage funding for our gov- the United States. Let’s move on. Let’s There are over 8,000 medical device firms in the United States that employ over 420,000 ernment. not waste time. People are out of work. I am voting no on the tax repeal, not be- people, including thousands of high paying Children are not getting what they cause I oppose the policy, but because I do manufacturing and research and development need in school. The National Institutes not support this type of political stunt when we jobs in Wisconsin. The medical device industry of Health are not getting the resources have a job to do. that they need. Let’s stop this game. is one of the most innovative and creative in We must avoid a government shutdown. Let’s stop the dysfunction. Let’s stop the U.S. economy today. Their innovation is Our constituents expect for us to act respon- playing games. the key to providing cutting edge, life-saving sibly and rationally. Vote no on the amend- This is the reality. Let’s work to- technology to patients. Some of the greatest ment and let’s move a clean CR and show the gether and pass a bill, a continuing res- cost savings we’ve seen in the health care American people that we can work together. olution, and then I’m sure Chairman system have come through technological Then, we can reconvene next week and de- ROGERS and I could pass an omnibus breakthroughs in the medical device and bio- bate the merits of the device tax repeal. bill with the Senate to move forward technology industries. The device tax will limit Instead, I fear, we will never see the Protect with the work that we are elected to the innovation that has extended lives and Medical Innovation Act, H.R. 523, again, be- accomplish. help cut health care costs due to the squeeze cause this is not a serious attempt at fixing a I yield back the balance of my time. that the tax creates on R&D budgets. Innova- real problem. H.R. 523 has 263 cosponsors, Mr. ROGERS of Kentucky. Mr. tive start-up companies that typically lose including me. It is clearly enough to pass this Speaker, I yield myself the balance of money in their early years are especially chamber. Mr. Speaker, bring that bill to the my time. threatened since the tax is based on revenue, floor, and I will strongly support it. We’ve heard time and again tonight regardless of profit. It is important to protect Prove to the American people and to the from the other side that this debate American manufacturing and research jobs in medical device manufacturers, who drive inno- and vote is about shutting down the this vital industry by repealing the medical de- vation, that this is an important issue that you government. Pardon me. I thought we vice tax. However, the proper and responsible are committed to. were voting on a continuing resolution. method of repeal is to fully pay for it without Bring H.R. 523 to the floor and let’s pass What do you think a continuing resolu- adding to the deficit. What we are doing today that as soon as we pass a clean CR. tion is? It’s to continue the govern- is nothing more than political theater. Mr. MARCHANT. Mr. Speaker, I rise to sup- ment. After years of listening to Republicans be- port the Continuing Resolution and its delay Those on the other side also want to rate Democrats for ‘‘out of control government and defunding of Obamacare for one year and say that we’re defunding ObamaCare. spending’’, the House is voting today to repeal all of the taxes assessed to pay for We’re not. We did that in the first bill the device tax without any measure to pay for Obamacare. The President’s health care law we sent over to the Senate. The Senate it. The President and House Democrats were has already produced a significant drag on our rejected that and sent it back. Now committed to ensuring that the Affordable economy, making it harder for employers to this side of the aisle is offering a peace- Care Act (ACA) was fully paid for, and in fact, hire workers and those in need of work to find able offer. the ACA reduces the deficit, saving more than employment.

VerDate Mar 15 2010 08:01 Sep 29, 2013 Jkt 029060 PO 00000 Frm 00077 Fmt 0636 Sfmt 9920 E:\CR\FM\K28SE7.100 H28SEPT1 smartinez on DSK6TPTVN1PROD with HOUSE H6002 CONGRESSIONAL RECORD — HOUSE September 28, 2013 We must defund Obamacare before it can The government would stop issuing permits event of a Government shutdown, and do additional damage to our economy and to conduct drilling operations on Federal ask for its immediate consideration. health care system. Health insurance pre- lands, and would stop or delay environmental The Clerk read the title of the bill. miums across the country are skyrocketing, reviews of planned transportation and energy- The SPEAKER pro tempore (Mr. POE and employers are shifting workers from full related projects, keeping companies from of Texas). Pursuant to House Resolu- time status to part time. Employers have been working on these projects. tion 366, the bill is considered read. given an extension in complying with the law, If this CR were to become law, defunding but individuals are still subject to the mandate. the Affordable Care Act, not only would it put The text of the bill is as follows: This double standard is not fair and must be health insurance companies back in charge of H.R. 3210 our health care, it would end free preventive changed. Be it enacted by the Senate and House of Rep- This resolution also repeals the medical de- services that 105 million Americans including resentatives of the United States of America in vice tax, a very unpopular tax created by 71 million Americans in private plans and 34 Congress assembled, Obamacare that is stifling future medical re- million seniors in Medicare have received. search and development. I encourage my col- The list of those who would lose under this SECTION 1. SHORT TITLE. league to join me in defunding Obamacare bill is too long to enumerate. The Affordable This Act may be cited as the ‘‘Pay Our and support this resolution. Care Act is law. Elections have con- Military Act’’. Ms. Kaptur. Mr. Speaker, I rise in strong op- sequences. SEC. 2. CONTINUING APPROPRIATIONS FOR MEM- position to the bill before us. We all know this bill is dead on arrival in the BERS OF THE ARMED FORCES. The United States has been the world’s Senate and the President has said he would (a) IN GENERAL.—There are hereby appro- shining example in how democracy can work. veto it should it reach his desk. We are wast- priated for fiscal year 2014, out of any money Our history shows that the nation is stronger ing our time. Instead we should pass a clean in the Treasury not otherwise appropriated, when we come together to govern and solve CR and get on with the business of the Amer- for any period during which interim or full- the serious issues that face our country. ican people. year appropriations for fiscal year 2014 are Yet, tonight we find ourselves on the preci- In closing, I urge my colleagues to vote not in effect— pice of a government shutdown. Make no mis- against this measure and urge my Republican (1) such sums as are necessary to provide take, the bill we considering at this late hour colleagues to accept reality and not shut the pay and allowances to members of the Armed essentially ensures that the government will Forces (as defined in section 101(a)(4) of title government down. 10, United States Code), including reserve shut down. Ms. BROWN of Florida. Mr. Speaker, I rise We cannot continue to ‘‘govern’’ by stag- components thereof, who perform active today in complete disgust and opposition to service during such period; gering from manufactured crisis to manufac- the House Republicans misguided plan to (2) such sums as are necessary to provide tured crisis. The madness must stop. shutdown the government. As the current con- pay and allowances to the civilian personnel It seems we have learned nothing from re- tinuing resolution is set to expire on Monday of the Department of Defense (and the De- cent history. To use just one example, during at midnight, the sad truth remains that Speak- partment of Homeland Security in the case the fiscal cliff in December of 2012, the Dow er Boehner has surrendered the gavel to the of the Coast Guard) whom the Secretary con- fell more than 400 points or 3.1 percent. Tea Party’s hopeless attempts to defund or cerned determines are providing support to These sudden drops in the stock market delay the Affordable Care Act. With the Afford- members of the Armed Forces described in have real impacts, particularly for individuals paragraph (1); and able Care Act, passing both chambers of the who have substantial amounts of their family’s (3) such sums as are necessary to provide United States Congress, being signed into law hard earned savings in the market for retire- pay and allowances to contractors of the De- by the President of the United States, upheld ment. partment of Defense (and the Department of Our economy is still in the process of recov- by the United States Supreme Court, and se- Homeland Security in the case of the Coast ering from the Great Recession. We should be curing the approval of the American people Guard) whom the Secretary concerned deter- during the last election, it is now time for mines are providing support to members of debating ways to spur economic growth, not the Armed Forces described in paragraph (1). debating a shutdown that will slow economic House Republicans to accept reality and dis- growth. continue their obstructionist tactics of trying to (b) SECRETARY CONCERNED DEFINED.—In For the entire country, the Republican shut- prevent a law that is beneficial for millions of this section, the term ‘‘Secretary concerned’’ Americans across this country. As House Re- means— down proposal will have real immediate nega- (1) the Secretary of Defense with respect to tive consequences. publicans continue to use the Affordable Care matters concerning the Department of De- The impacts will be felt in our economy and Act as the hostage that will trigger a govern- fense; and in the services that the Federal Government ment shutdown, the fact remains that even if (2) the Secretary of Homeland Security provides, which the taxpayers pay for. the government shuts down, the Affordable with respect to matters concerning the Coast According to the Administration: Care Act will continue to be implemented with Guard. Nearly 1.4 million active duty military per- the health insurance exchanges opening on SEC. 3. TERMINATION. sonnel deployed at home and overseas de- Tuesday, October 1, 2013. Earlier this week, Appropriations and funds made available fending our nation’s interests would not be the Senate passed legislation that will keep paid for their work until after the shutdown and authority granted pursuant to this Act the government funded and prevent a govern- shall be available until whichever of the fol- ends. ment shutdown, if the Republican leadership lowing first occurs: (1) the enactment into Hundreds of thousands of Federal employ- was serious about keeping its commitment to law of an appropriation (including a con- ees would be immediately and indefinitely fur- the American people, the House should imme- tinuing appropriation) for any purpose for loughed, and many Federal employees and diately schedule a vote on the legislation which amounts are made available in section contractors that continue to work would not be passed in the Senate. 2; (2) the enactment into law of the applica- paid during the shutdown. The American people have seen enough. ble regular or continuing appropriations res- Housing loans to low and middle-income The time has come for Republicans to aban- olution or other Act without any appropria- tion for such purpose; or (3) January 1, 2015. families in rural communities would be put on don their reckless and irresponsible agenda hold, as would start-up business loans for and in Democrats to honor America’s commit- The SPEAKER pro tempore. The gen- farmers and ranchers. ments, create jobs, and strengthen the middle tleman from Georgia (Mr. KINGston) SBA would stop approving applications for class. and the gentleman from Virginia (Mr. small businesses to obtain loans and loan The SPEAKER pro tempore. All time MORAN) each will control 20 minutes. guarantees. In a typical month, SBA approves for debate has expired. over $1 billion in loan assistance to small busi- The Chair recognizes the gentleman Pursuant to House Resolution 366, from Georgia. nesses. the previous question is ordered. All facilities and services in our national Pursuant to clause 1(c) of rule XIX, GENERAL LEAVE. parks would be closed, as would the Smithso- further consideration of the motion of- Mr. KINGSTON. Mr. Speaker, I ask nian, impacting the hundreds of thousands of fered by the gentleman from Kentucky unanimous consent that all Members people that visit these sites daily. is postponed. may have 5 legislative days in which to This would have severely negative impacts f on the surrounding local communities that rely revise and extend their remarks and in- on the revenue generated by travel and tour- PAY OUR MILITARY ACT clude extraneous material on the con- ism to these destinations. Mr. KINGSTON. Mr. Speaker, pursu- sideration of H.R. 3210. Important government research into life- ant to House Resolution 366, I call up The SPEAKER pro tempore. Is there threatening diseases, environmental protec- the bill (H.R. 3210) making continuing objection to the request of the gen- tion, and other areas would be halted. appropriations for military pay in the tleman from Georgia?

VerDate Mar 15 2010 08:01 Sep 29, 2013 Jkt 029060 PO 00000 Frm 00078 Fmt 0636 Sfmt 0634 E:\CR\FM\A28SE7.025 H28SEPT1 smartinez on DSK6TPTVN1PROD with HOUSE September 28, 2013 CONGRESSIONAL RECORD — HOUSE H6003 There was no objection. funded if the government is shut down. our national security in an ever-chang- Mr. KINGSTON. Mr. Speaker, I yield And because of the action that really ing and unstable region by degrading myself such time as I may consume. the majority will take tonight, it looks Israel’s ability to maintain a quali- H.R. 3210 is called the Pay Our Mili- increasingly likely that will happen at tative military advantage. tary Act, and it’s been introduced by the beginning of next week. These cuts will also have a direct im- Representative MIKE COFFMAN and Mr. Speaker, when we finish tonight, pact on the industrial base throughout Representative LOUIE GOHMERT, along we will set in motion a situation where the United States, costing countless with a number of other Members of military medical treatment facilities jobs that are funded through Israel’s Congress. The purpose of it is to au- will have to scale back operations. purchase of goods and services. Addi- thorize the Secretary of Defense and They will try not to impact inpatient tionally, a shutdown will have a direct the Secretary of Homeland Security to care or acute and emergency out- impact on our counterterrorism ef- continue to provide pay and allowances patient care; but routine medical and forts, will halt programs that combat without interruption to the 1.4 million dental procedures, elective surgery is transnational crime, terrorism, and members of the Army, Navy, Air Force, likely to be stopped. Most maintenance proliferation of weapons of mass de- Marine Corps, and Coast Guard, the activities would stop. Military mem- struction. This could severely impact men and women who perform services bers would continue to receive private activities supporting our homeland se- during any potential funding gap. sector care under TRICARE, but med- curity. It will stop counterdrug, Without this action, their pay could be ical provider bills are going to go un- anticrime, and border security efforts delayed. paid until appropriations are enacted. in Mexico and Central America that se- Our troops should not suffer for New contracts, including contract re- cure our own borders, as well as pro- Washington’s failure to act. As the rep- newals and extensions and the issuance grams that advance democracy, includ- resentative of more than 35,000 troops of task orders, those are not likely to ing civil society and the rule of law. who are in and out of war zones, I know be executed. Any new contract will not When the government shuts down, that they and their families cannot af- be paid until appropriations are en- overseas operations are heavily af- ford to miss one paycheck. Regardless acted. Death benefits to the family fected. It would put at risk the phys- of what happens in politics, we as members of military personnel killed ical protection for diplomatic per- Democrats and Republicans should be in the line of duty are not likely to be sonnel and facilities overseas and se- able to come together and ensure that paid until appropriations are enacted; verely limit the ability of the State our sailors, soldiers, and airmen are all in other words, they won’t be if the Department to provide for and main- paid and paid on time. government is shut down. tain missions in increasingly dan- During the government shutdown in Almost all travel for temporary duty gerous locations. With all the rhetoric 1995, soldiers were paid because the De- and some permanent change of station about Benghazi—and we share the con- partment of Defense had already been moves would be delayed, canceled, or cern about what happened—this, again, funded for the year. Their appropria- cut short. Many professional training puts people at risk overseas. tion bill had already been passed by and educational activities would be It would stop commercial export both Houses and signed into law by the stopped. sales. A shutdown would force the President of the United States. That is The bill fails to fund the materiel State Department to impose indis- not the case today; therefore, H.R. 3210 support needed to conduct training and criminate cuts to embassy security and is essential. Not only would it pay our ensure the readiness of our forces at protection of personnel, thereby erod- troops, but it would permit the pay- home. Regular training exercises, in- ing the security of the United States ment of civilian personnel and contrac- cluding large-scale training rotations Government diplomatic facilities and tors whom the Secretary determines that are absolutely essential, depend making it all but impossible to meet are providing support to the Members on equipment that is in proper working the requirements to provide safe and secure embassies overseas. of our armed services. order, facilities that have been prop- I reserve the balance of my time. All national parks would be closed, erly maintained, and the supplies need- Mr. MORAN. Mr. Speaker, I yield memorials and museums. There are 401 ed to support soldiers, sailors, airmen, myself such time as I may consume to of these locations throughout the coun- and marines. address this bill in general. try. Cumberland Island National Sea- The bill fails to fund the procure- This bill is an act of political the- shore would be closed. The Martin Lu- ment and research accounts that main- ater. It attempts to cover up the under- ther King National Historic Site would tain the technological advantage of lying problem of a government shut- be closed. The Chattahoochee River U.S. forces. It fails to fund the ships, down with what in essence is a rhetor- National Recreational Area would be ical gimmick. The bill claims to sup- the aircraft, ground equipment, sen- closed. Fort Frederica National Monu- port our troops, which the majority sors, and ammunition that our troops ment on St. Simmons Island would be knows that the minority party wants rely upon in combat. My friend from closed. And that’s just to mention a to do at least as much as they do. Georgia knows that about 40 percent of few Federal facilities that I suspect the There’s no disagreement in terms of the DOD appropriations bill goes to ac- gentleman who is managing this bill is the desire to make sure that all of our quire and enhance this equipment. fully familiar with. noble men and women in uniform and Failure to fund these accounts hurts We’ll let go of 4,000 weather fore- the civilians who work for the Defense the readiness of U.S. forces and de- casters. We could go on and on. The Department and the contractors that grades our defense industrial base. Smithsonian will be closed. The Lin- Now let me mention some of the contribute to our national security are coln Memorial will be shut down. The other activities that will not be ex- all paid. We all want to do that. So National Zoo, Yellowstone. empted, notwithstanding the fact that why do we have this bill? What are we doing this for? This Well, this bill attempts to reassure this bill will be passed virtually over- doesn’t make sense. All the wildlife the public, who might be confused, as whelmingly. The Department of Vet- refuges will be closed for hunting. This to what the adverse impacts of a gov- erans Affairs personnel charged with is hunting season. ernment shutdown might be. claims processing for veterans, includ- You know, this may not seem like a ing those returning from the last 12 big deal; but I think the American peo- b 2300 years of combat, will not be paid. This ple, when this is done, are going to re- Mr. Speaker, it’s important that the legislation will nullify the progress alize the same thing they did back in public understand that even with this that has been made by the VA on re- 1995: wait a minute, we want these Fed- bill, what we will do tonight, what the ducing the unacceptably high claims eral activities. We need these Federal majority will do tonight will, neverthe- backlog. facilities. We need these jobs. Open up less, fail to provide the materials es- A shutdown cuts foreign military fi- our government. And any Congress sential to support and maintain the nancing to Israel, a vital partner and that acts to close it down is disserving readiness of our U.S. forces. ally that depends upon $3.1 billion the American public. I’ll list any number of activities that being provided at the beginning of the We are not fulfilling our responsibil- will, notwithstanding this bill, go un- fiscal year; and, thus, it undermines ities if we allow this government to

VerDate Mar 15 2010 07:21 Sep 29, 2013 Jkt 029060 PO 00000 Frm 00079 Fmt 0636 Sfmt 0634 E:\CR\FM\K28SE7.103 H28SEPT1 smartinez on DSK6TPTVN1PROD with HOUSE H6004 CONGRESSIONAL RECORD — HOUSE September 28, 2013 shut down, but that’s exactly what we so irresponsible as to put the men and issues. We have debated this issue; and are doing with the action that the ma- women who defend our country at risk. by the way, we won the debate in the jority will be taking tonight. And I might say, I believe every one election—not on this floor, in the elec- I reserve the balance of my time, Mr. of us in this House is going to vote for tion. But you refuse to accept the re- Speaker. this bill. But my friend from Virginia sults of the election. Mr. KINGSTON. Mr. Speaker, I can’t (Mr. WOLF), who is my good friend and We are all going to vote for this bill; imagine why HARRY REID and the Sen- with whom I have worked side by side but I will tell my friends on both sides ate would shut down all these things in a bipartisan way effectively for of the aisle, it is time for us to give re- for a health care bill called ObamaCare many, many interests—he’s right. spect to our nonuniformed Federal per- which is raising the cost of medicine Now let me say that on the 16th of sonnel because they are critical to the and decreasing access to it. September, 10 people were struck down success of this country, to the success I yield 11⁄2 minutes to the gentleman working for the defense of this coun- of our people. And we can argue about from Virginia (Mr. WOLF). try. I understand you will say, Oh, your how large or how small our govern- Mr. WOLF. I thank the chair. bill covers them. I have attended two ment is, but we should not argue about Mr. Speaker, the government should funerals, one on Wednesday and one the quality of people that we want in stay open. I support the legislation, today. I have spoken at both. With Mr. the government. We should not argue but it can be improved. WOLF, I went to the marine barracks about the fact that we want their mo- All employees who work without pay this past Sunday. The Commander in rale to be high because they feel re- should be paid on time, including, for Chief, President Obama, spoke. Sec- spected, because they feel wanted and example, the CIA. I went to the memo- retary Hagel, the Secretary of the De- worthwhile and that the missions they rial service where the CIA employees partment of Defense, spoke. Secretary perform, whatever their role, are ap- were killed in Khost; and they’re side Mabus, the Secretary of the Navy, preciated as important for the Amer- by side with the American military. spoke. CNO Admiral Greenert spoke. ican people. The FBI, who is on the scene in Kenya And NAVSEA commander, which is lo- Any corporate head that you talk of now, investigating al-Shabab and the cated, of course, at the Navy Yard, and talk to and talk about will tell you attack; DEA, Customs and Border Pa- Vice Admiral Bill Hilarides, spoke. you want to make sure your people un- trol agents, prison guards, doctors and They spoke about one Navy—uniform, derstand that you believe in their nurses at VA hospitals, air traffic con- civilian—working as a team. But they worth. Because if you do not, you will trollers, and Federal firefighters, many spoke more broadly than that in that not get what you want. We will all sup- who gave their lives fighting wildfires all Federal employees are one team, port this bill, but it is selective respon- around the country. Otherwise, they joined together to make our govern- sibility and will not excuse your ramp- would be working without pay if the ment work as effectively as it can. ant irresponsibility. government closes. We are the board of directors of that b 2315 I believe that all Federal employees government; and I can’t believe there Mr. KINGSTON. Mr. Speaker, I yield should be paid. We should not forget is one of us, Mr. Speaker, that would 2 minutes to the chairman of the Army that several Federal employees were serve on a board of directors and treat Caucus, Judge JOHN CARTER from killed at the Navy Yard. I went to the a large portion of our employees with Texas. memorial service and saw the pain of such disrespect, with such lack of con- Mr. CARTER. Mr. Speaker, this rhet- their families. And the CNO, who sideration, with such contempt at oric is wonderful and I’m enjoying it, spoke, said they were supporting the times as we treat our civilian employ- but I represent Fort Hood, Texas. Fort fleet. ees. Hood has put more human beings in So in closing, I am going to support This bill does not cover the FBI. It the fight in the last 10 or 11 years than this amendment; but Federal employ- doesn’t cover CIA. Now you will argue, any place on Earth. ees and their families should not be Oh, well, they’re in the defense, and Not only soldiers go to war, but wives punished because the administration they’ll be critical employees. But only or husbands or spouses and children and the Congress cannot agree. some. It doesn’t cover the National In- stay home. And they have the same Mr. MORAN. Mr. Speaker, I want to stitutes of Health to try to make human problems that everybody, every associate myself with the comments of America a healthier Nation. You want one of us have. I would venture to bet my good friend from Virginia (Mr. to defund ObamaCare; you want to that every Member of this Congress WOLF). I completely agree with him defund NIH. And you will say, Of when they’re away from their spouse at that we want both DOD personnel and course not, Mr. HOYER. This isn’t a some time has a conversation with the personnel of our other Federal shutdown of government. It’s a con- their spouse to find out that the water agencies to be able to continue to come tinuing resolution. heater went out or the air conditioner to work. I appreciate his comments. Well, we know it has some poison isn’t working or the kids have a prob- Mr. Speaker, at this time, I yield 4 pills in it. We know the Senate won’t lem in school or some other thing. You minutes to the gentleman from Mary- buy it. We know that time is running know, it weighs on us even when we land (Mr. HOYER), the very distin- out, but we’re going to do it anyway. have this job in this beautiful Cham- guished minority whip of the Congress This bill won’t help the Food and ber. But think about the soldier on the who not only has substantial military Drug Administration. It won’t help the line in Afghanistan, with every waking activity within his district but very Centers for Disease Control. It won’t and sleeping minute he’s there, some- ably represents tens of thousands of help Homeland Security, except in cer- one is trying to take his life; and yet Federal employees. tain narrow instances. they talk now freely with their fami- Mr. HOYER. Mr. Speaker, I thank The SPEAKER pro tempore (Mr. POE lies back home, and that same weight my friend from Virginia (Mr. MORAN) of Texas). The time of the gentleman on them is magnified a thousand times. for yielding. has expired. This bill tonight is about human For 33 years, the gentleman from Mr. MORAN. I yield the gentleman beings, the fighting warriors of the Virginia who just spoke and I have an additional 2 minutes. United States of America and their sought equity and fairness for our Fed- Mr. HOYER. It won’t affect the Bor- families. And this bill tries to make eral employees, whether they be in uni- der Patrol. It won’t affect the FAA, ex- sure that, in the outside chance that form or in civilian clothes. cept in certain limited instances. we ‘‘reasonable people’’ in this Cham- I refer to this bill as ‘‘selective re- What do you think the morale of the ber and the other Chamber can come to sponsibility.’’ They know that the people who work for us, the board of di- a compromise to keep this government shutdown of government is irrespon- rectors, is at this point in time? I will going, and in the outside chance that sible; and they know that neither the tell you: it’s on the floor. That’s not nobody wants, that this government President nor the Senate is to agree, as good for our country. shuts down for whatever period of they have not over and over and over This is selective responsibility. Re- time, that the fighting men and women again, to the proposal they have made. sponsibility would be, let’s fund gov- of this Nation and their families at They know that they don’t want to be ernment, and then let’s debate these home will have a paycheck.

VerDate Mar 15 2010 07:21 Sep 29, 2013 Jkt 029060 PO 00000 Frm 00080 Fmt 0636 Sfmt 0634 E:\CR\FM\K28SE7.104 H28SEPT1 smartinez on DSK6TPTVN1PROD with HOUSE September 28, 2013 CONGRESSIONAL RECORD — HOUSE H6005 I think that this is such a small Then let’s put 435 green lights on the There’s a way to resolve this, but it’s token to put before people who risk board and let’s show the country that not to resolve it by delaying for 1 year their lives, it would be almost a shame we’re united in this. all of the good that is in the Affordable to debate any other way. I move that Just today, 300 men and women from Care Act, all of the insurance reform— we pass this bill, and I hope, as my col- Moody Air Force Base, which my col- and I was the insurance commissioner league said, 100 percent of us vote for league represents as well as I do, many and I can tell you how important it is it. of the families down there in Georgia that the insurance reform is there—and Mr. MORAN. Does my friend from said good-bye to their families and all of the Medicaid programs and the Georgia have many other speakers? friends and got on a plane. Why? Be- millions of Americans that have the Mr. KINGSTON. Mr. Speaker, how cause we asked them to. opportunity, all of those children that much time do we have remaining? Over 90 days ago, this House right are now being covered. For what? For The SPEAKER pro tempore. The gen- here passed an appropriations bill that the 42nd, 43rd time, another failed ef- tleman from Georgia has 141⁄2 minutes fulfilled our promise to pay our sol- fort, instead of sitting down and work- remaining, and the gentleman from diers in a timely manner and did all of ing to solve the problem. Virginia has 41⁄2 minutes remaining. the things that you said needed to be It’s a tragedy that we are about to go Mr. KINGSTON. Mr. Speaker, I yield done with research and equipment and through this process. For what? So 2 minutes to the gentleman from Vir- the other things. This House did that, that some of the wealthiest, most prof- ginia (Mr. WITTMAN). and the Senate chose not to take ac- itable business in America can have a Mr. WITTMAN. Mr. Speaker, I would tion. Because of the Senate’s inaction $30 billion tax reduction? I suppose like to thank the gentleman from on the bill, the House is again working that’s important. So that you can say Georgia for yielding. to do the right thing while, again, the once again the Affordable Care Act, I have come to the floor many times Senate is at home, and we are working ObamaCare, is wrong? this year to remind my colleagues that to pay our men and women who are de- I remember the days when the Nation our Nation has no greater asset than fending our freedom. shut down its government. It was bad. the folks serving our Nation, including Now, I know many of my col- Mr. KINGSTON. Mr. Speaker, I yield those who make up our Department of leagues—it sounds like maybe all of my myself such time as I may consume colleagues on both sides of the aisle— Defense, both military and civilian just to clarify one thing. alike. And today I am glad to support are going to support the legislation in Under the current President, the na- this bill, and I am pleased to see the this House. All we’re asking is for the tional debt now is 100 percent of the House is moving to ensure that our Senate, HARRY REID, and the President GDP. For every $1 we spend, 42 cents is to have enough honor to make sure the servicemembers and civilian Depart- borrowed. That’s bad enough, but now families of our soldiers are not used as ment of Defense employees and con- the President offers no reform to bend political leverage and guaranteed that tractors will be paid, but we must also the spending curve whatsoever. In- they are paid on time. This amendment not forget all of the other Federal em- stead, he pushes forward a failed health ployees who serve our Nation on a does just that. Mr. MORAN. Mr. Speaker, I yield 1 care policy that has a price tag of $1.7 daily basis. They do a fantastic job minute to the distinguished gentleman trillion. It does not decrease the cost of also. medicine, and it does not increase the from California (Mr. GARAMENDI), who I am proud to represent tens of thou- has real-life practical experience in access to medicine, which were the two sands of Federal employees and retir- knowing what it’s like to administer primary objectives which we heard ees who live in the First District of an agency—in this case, the Interior over and over again by the other party. Virginia. These hardworking patriots Department—during a shutdown. That’s why we’re here tonight. This is serve our Nation on a daily basis, Mr. GARAMENDI. Mr. Speaker, 18 one-sixth of the economy. And yet we whether it be keeping our skies safe for years and 3 days ago, I was Deputy Sec- hear the same dogma over and over travelers with the FAA, or supporting retary at the United States Depart- again. That’s why this debate is taking our troops on the front lines of the war ment of the Interior. It was a vibrant place. on terror through the FBI and CIA, or place. The attorneys were doing their We have passed a continuing resolu- the nurses and doctors in our veterans’ work. The accountants were busy. The tion to keep the government funded so hospitals. national parks were open, and the that these civilian employees and all I firmly believe that the government rangers were at the gates. They were other government employees that we must continue to operate to ensure our explaining the great wonders of this hear so much about can continue to re- servicemembers and all of our Federal land. The Fish & Wildlife Service was ceive their paychecks. But HARRY REID employees continue to be paid and the caring for those creatures that we care and the Senate does not want to keep government operations that folks so much about. The researchers at the the government open because they’re count on each and every day are not in- U.S. Geological Survey were doing insisting on supporting a $1.7 trillion terrupted. The American public and their thing, and then Congress failed to addition to the national debt, a health the Nation’s public servants deserve pass an appropriation bill. The next care policy which increases the cost of our extraordinary efforts to make sure day it was silent. The entire building medicine and decreases the access. this happens. They deserve our best. was empty. The rangers shut the doors With that, Mr. Speaker, I yield 2 Mr. KINGSTON. Mr. Speaker, I yield to the national parks. The research minutes to the gentleman from Penn- 2 minutes to the gentleman from Geor- ceased. sylvania (Mr. PERRY), an Active Duty gia (Mr. SCOTT), the Representative of To this day, I don’t believe there’s a member of the United States Army the Warner Robins Air Force Base and person in this room or in this Capitol who has the rank of colonel. a member of the Armed Services Com- that can remember what the fight was Mr. PERRY. Mr. Speaker, I thank mittee. about, but America can remember the the gentleman for yielding me time. Mr. AUSTIN SCOTT of Georgia. Mr. shutdown of the government. And here We’re talking this evening about a Speaker, I thank my colleague from today, we’re in it once again. And the continuing resolution, continuing to Georgia for his leadership on this bill. question that the American people will fund our government. I find it odd that Mr. Speaker, the House is at work ask is: What is this all about? And the the other side is complaining about our and the Senate is at home. The Presi- end result of it is that the status of plan, yet their plan is pass it clean. dent is absent again. But none of us this House will diminish once more. That’s the Senate and the President: would be debating the future of this The SPEAKER pro tempore. The Pass it clean. I’m not going to nego- country without the men and women in time of the gentleman has expired. tiate. Pass it clean. the United States military. That’s Mr. MORAN. I yield an additional 1 We’re $17 trillion in debt, spending an what makes theirs special and dif- minute to the gentleman. average of $1 trillion more in the last ferent. Mr. GARAMENDI. Mr. Speaker, the 41⁄2, 5 years than we take in. And so the Now, I listened as some argued one result of all this will be a further answer is just continue. That’s a plan. against this bill and then said we diminution in the status of the Con- So we’ve offered a plan. And we get would all support this bill. Good. Good. gress. it; we get it that you don’t like it. We

VerDate Mar 15 2010 07:21 Sep 29, 2013 Jkt 029060 PO 00000 Frm 00081 Fmt 0636 Sfmt 0634 E:\CR\FM\K28SE7.107 H28SEPT1 smartinez on DSK6TPTVN1PROD with HOUSE H6006 CONGRESSIONAL RECORD — HOUSE September 28, 2013 don’t like your plan, but we’re here of the aisle are going to vote with us, The SPEAKER pro tempore. The gen- trying to compromise, and this amend- it sounds like. And as far as the effort tleman from Virginia has 11⁄2 minutes ment is part of that compromise. Yet to have civilians that work for the De- remaining. The gentleman from Geor- you say work with us to make partment of Defense paid, I would hope gia has 5 minutes remaining. ObamaCare better, Mr. Speaker. Work that my colleagues across the aisle Mr. KINGSTON. Mr. Speaker, I yield with us. Yet on this, you want to com- saved a little bit of righteous indigna- myself 11⁄2 minutes. plain. We’re saying work with us to tion for the Democrats at the other end I just want to remind everybody make the CR better. Make sure our of the hall. we’re here not because of the House Re- troops and contracts, kinetic activity, They have had the Department of De- publican Appropriations Committee are paid. Make sure that we take care fense appropriations bill for months. but because of the Senate Democrat of the one thing in the Constitution, They’ve been sitting on it. It would get Appropriations Committee which, to the one thing that says ‘‘provide’’—be- everybody paid. It would take care of date, has not passed one single bill. cause words mean things, Mr. Speak- all those things we’ve been hearing our We’ve passed the Defense bill. We’ve er—‘‘provide for the common defense.’’ military is not going to able to do be- passed Homeland Security. We passed ‘‘Provide.’’ cause we’re not passing the bill. So we Military Construction. The other phrase is ‘‘promote.’’ So need to get the Senate to pass the DOD What have HARRY REID and the we’re here to make and set priorities. bill and that’ll take care of that—civil- Democrats, the Members of your party So we’re saying as the House of Rep- ians and everybody. done? Zero. Not one bill. What did they resentatives, paying our military is a We passed the Department of Defense do last year? We passed seven appro- priority, as it should be. bill, we passed the Energy and Water priations bills. What did HARRY REID Mr. Speaker, I have embarked with bill, we passed the Department of and the Democrats do in the Senate? those soldiers, men and women over- Homeland Security. They haven’t They passed one. That’s why we’re here seas, and watched them leave their taken up anything. We passed a vet- debating the continuing resolution. It families, watched them leave their ba- erans’ bill. They haven’t taken up any is not our desire to be here on this. We bies behind. I have watched them. of those. They’ve been sitting around would rather have regular order. In- Theirs, as we say, is not to question talking about how the Republicans are deed, we have worked hard for regular why; theirs is to do and die. out of control at the end of the hall. order. And yet we have Democrats in this b 1130 But, Mr. Speaker, I have the honor of town that say we’ll be flexible with representing Moody Air Force Base; Please work with us. Please do not Putin; we’ll be flexible and sit down the Townsend Bombing Range; the argue. Please join us and pass this and talk with Iran, even though they 224th Signal Group in Brunswick, Geor- amendment. want to destroy our way of life. But oh, gia; the 165th Air Wing in Savannah, Mr. MORAN. Mr. Speaker, I reserve no, the Republicans, won’t talk with Georgia; the Combat Readiness Train- the balance of my time. them. I know we share a love for Amer- Mr. KINGSTON. Mr. Speaker, may I ing Center in Savannah, Georgia; Fort ica and wanting to do the right thing, Stewart in Hinesville, Georgia; Hunter inquire how much time we have left? but for heaven’s sake, have as much Army Airfield in Savannah, George; The SPEAKER pro tempore. The gen- flexibility with the Republicans as you Kings Bay Naval Base in St. Mary’s, tleman from Georgia has 8 minutes re- do with the Russians and Iranians. Georgia; and members of the 48th Bri- maining, and the gentleman from Vir- That shouldn’t be too much to ask. 1 gade all over my district. I have ma- ginia has 2 ⁄2 minutes remaining. George Washington had a prayer. He Mr. KINGSTON. Mr. Speaker, I yield prayed we would never forget those rines. I have three Coast Guard sta- 3 minutes to the gentleman from Texas who serve in the field. And I’m glad tions. On their behalf, we cannot let (Mr. GOHMERT), a coauthor of this leg- this bill will remember them. their pay be interrupted. islation for many years. Mr. MORAN. Mr. Speaker, I yield 1 The things that these fighting men Mr. GOHMERT. Mr. Speaker, this is minute to the very distinguished gen- and women in uniform are doing for an important bill, and I appreciate so tlelady from New York (Mrs. LOWEY), the United States of America should be much my friend who knows about serv- the ranking member of the full Appro- off the table. That’s why we’re here in ing in the military, MIKE COFFMAN, priations Committee. support of this bill. getting this to floor. Mrs. LOWEY. Mr. Speaker, it is 48 I reserve the balance of my time. My friend and I, JACK KINGSTON, had hours, 30 minutes before the Repub- Mr. MORAN. Mr. Speaker, since I 1 pushed this over 21⁄2 years ago, when it licans plan to shut down this govern- have only 1 ⁄2 minutes, I think I’ll let became clear that both parties were ment. the gentleman from Georgia yield to going to use our military to get people Of course, there will be bipartisan further speakers, but I do want to ask to vote for a CR they might not other- support for this bill. However, this bill if the gentleman would yield some wise have voted for. We had, I think, to continue funding the military is a time, though, if he has time available, over 200 cosponsors on our bill. But as farce. The bill claims to support the to engage in a colloquy. But on his far as the discharge petition that troops, but fails to provide the mate- time. would have forced it to the bill, he riel essential to support forces and Mr. KINGSTON. Mr. Speaker, how wanted to sign on but they didn’t want maintain the readiness of our deployed much time do we have remaining? to go against our leadership. forces. The SPEAKER pro tempore. The gen- So I’m very grateful this bill is on In FY 2014, the administration re- tleman from Georgia has 31⁄2 minutes the floor now. I’m very grateful. And I quested funds for operation and main- remaining, and the gentleman from appreciate the Speaker for letting it tenance and procurement accounts Virginia has 11⁄2 minutes remaining. come forward. Because there’s one that provide supplies, maintenance, Mr. KINGSTON. Mr. Speaker, I have thing the military doesn’t need, and ammunition, and equipment needed for our last speaker, who’s going to close that is to be in harm’s way and have to the troops. The bill by the majority to for us. Mr. COFFMAN is going to con- worry about whether their loved ones fund the troops would not provide this sume 3 minutes. So if the gentleman are going to get the check that will materiel to support the troops. from Virginia wants to talk in 30 sec- allow them to pay their rent or for So, again, I say to my colleagues on onds, I will accommodate my friend. their car, or is it going to get repos- the other side of the aisle, Aren’t we I yield 30 seconds to the gentleman sessed. embarrassed to be part of this dysfunc- from Virginia. From my 4 years in the military at tional Congress, with all the work that Mr. MORAN. Let me ask my very Fort Benning, I’m told it hasn’t must be done in our districts back good friend from Georgia if he knows changed much from this standpoint: home? why over in the Senate the minority people live from month to month. They We should begin to work together, has insisted upon the cloture rule; in don’t get paid all that much. So this is not just say that it’s inevitable that other words, filibustering the appro- critical to get this done. we’re going to close the government priation rules, and why they have not I’m glad the bill is coming. I’m glad down. Let’s do it. We can do it. And do appointed conferees to the budget con- to hear our colleagues on the other side it now. ference?

VerDate Mar 15 2010 07:21 Sep 29, 2013 Jkt 029060 PO 00000 Frm 00082 Fmt 0636 Sfmt 0634 E:\CR\FM\K28SE7.108 H28SEPT1 smartinez on DSK6TPTVN1PROD with HOUSE September 28, 2013 CONGRESSIONAL RECORD — HOUSE H6007 Mr. KINGSTON. Reclaiming my bility of a government shutdown, I time needed to debate and pass this legisla- time, I would only say this. It’s hard to have introduced this legislation in tion in the House and Senate and present it to figure out what the United States is order to ensure that our military is not the President if the House would simply pass doing at all under HARRY REID’s leader- used as a political pawn in negotiations the clean continuing resolution passed yester- ship. between the United States House and day by the Senate. Mr. MORAN. Mr. Speaker, I yield 1 the Senate. The CR approved by the Senate funds the minute to my good friend from North My legislation, H.R. 3210, the Pay government and avoids a shutdown. President Carolina (Mr. PRICE), the ranking Our Military Act, ensures that until Obama has stated that he will sign it into law. member of the Homeland Security Ap- such time as the President signs a con- The clean CR passed by the Senate en- propriations Subcommittee. tinuing resolution, our military and sures that all the employees of the Federal Mr. PRICE of North Carolina. I the Department of Defense civilians Government are paid for the valuable and im- thank the gentleman. and contractors who support our men portant service they provide to our Nation. Mr. Speaker, most of us will vote for and women in uniform will continue to Mr. Speaker, instead of exempting certain this bill, but it’s not going to fix the be paid, regardless of a shutdown. groups and persons from the harm caused by damage to our country of a shutdown, I’ve had five overseas deployments a government shutdown, we should instead be nor can it mask what’s going on here during my military career between the focused on avoiding a shutdown, which helps tonight: another chapter of Republican Army and the Marine Corps. I returned no one and hurts our economy. hostage-taking, threatening to shut from my last assignment with the Ma- Those of who were serving in this body 17 down the government, or to refuse to rine Corps in Iraq in 2006. I fully under- years ago remember the harm caused when pay the country’s bills, if they don’t stand the stresses that our men and the Republicans shut down the government on get their way politically. women in uniform face on a day-to-day two different occasions, which directly cost It’s been pretty confusing tonight basis, particularly when we are still a taxpayers $1.4 billion. That is $2.1 billion in to- with all this talk about who’s willing Nation at war. day’s dollars. to negotiate. Republicans know very Things are very different today than The last time Republicans engineered a well that it is they who have refused to it was when I was a Marine Corps light shutdown of the government: 368 national go to conference with the Senate on armored infantry officer during the park sites were closed; 200,000 applications the budget. They also know that it’s first Gulf war. We didn’t have the for passports went unprocessed; $3.7 billion of their leaders who cut off discussions of Internet. All of our communications $18 billion in local contracts went unpaid. a comprehensive budget deal with the from home were delivered by regular My state of Texas would be hit very hard President back in December. mail that could take weeks to reach us. and suffer unnecessarily if a government shut- What they’re doing tonight is the op- Back then, you literally checked out down is not prevented. posite of negotiate—take-it-or-leave-it when you left your family and checked Within days Texas would begin experiencing politics, threatening government col- back in when you came back home. the impact of cutbacks in the $64.7 billion in Today, most of our deployed military lapse and economic ruin in pursuit of a Federal spending that it receives annually, in- personnel, whether sailors aboard a political agenda they could not ad- cluding the loss of: ship in the Persian Gulf or soldiers and vance by legitimate means. $518 million in Federal highway funds, $411 marines at forward operating bases in We need to get back to the basics: million for interstate highway maintenance, Afghanistan, have some level of access keep the government open, pay the $130 million in home energy assistance for the to instant communications with their country’s bills, and negotiate a real poor, $71 million in Homeland Security grants, families. Today, a marine rifleman can $55 million in coordinated border infrastruc- and comprehensive budget plan. literally be out on a combat patrol, re- Mr. KINGSTON. Mr. Speaker, I re- ture, and $97 million in Federal adoption as- turn to his base camp, and then be on serve the balance of my time. sistance. the Internet communicating with his Mr. MORAN. I yield myself the bal- As a senior member of the Homeland Secu- family in real-time. ance of my time. When things don’t go well at home, rity Committee, I am particularly concerned Mr. Speaker, the problem with this the stress that our deployed men and over the impact of a government shutdown on bill is that it assumes a government women are already under is multiplied, operations and activities that protect and se- shutdown. If it didn’t assume a govern- particularly if their families go with- cure the homeland Impacts of shutdown in ment shutdown, then it wouldn’t sepa- out an income and suffer financial Texas on homeland security. rate Department of Defense personnel hardships due to a government shut- For example, a shutdown would adversely from non-Department of Defense per- down. In the event of a government affect the following: sonnel. Why would you need it if we shutdown, we must ensure that the Law Enforcement and Other Training: Law were assuming that we’re going to be men and women who defend our Nation enforcement training would cease, including able to fund the government? That’s in the armed services, and their fami- those conducted through the Federal Law En- the underlying problem with this bill. lies, will continue to be paid. forcement Training Center and the Secret We’re going to vote for it because we Mr. Speaker, regardless of what hap- Service’s J. Rowley Training Center. This feel that Department of Defense per- pens in the days ahead, this is a bill would impact CBP, ICE, Secret Service, the sonnel ought to be paid. Of course, we that should receive unanimous support. Federal Air Marshal Service, and would delay do. Of course, we’re going to vote for I urge my colleagues on both sides of their ability to bring new hires into operational this. But why are you doing it? You’re the aisle to support this legislation, service. TSA would also not be able to con- only doing it because you assume that and hope that the Senate will act on it duct training for screeners, Behavior Detection you’re going to shut the government before it might be too late. Officers or canine units. down. That’s the problem with this Mr. KINGSTON. Mr. Speaker, I yield Frontline Personnel Hardships: The majority bill. There’s no other purpose for this back the balance of my time. of the workforces in Custom and Border Pro- bill. Ms. JACKSON LEE. Mr. Speaker, I rise to tection’s (CBP) Border Patrol, Immigration and I yield back the balance of my time. speak in support of H.R. 3210, the so-called Customs Enforcement, (ICE) enforcement ef- Mr. KINGSTON. Mr. Speaker, if the ‘‘Pay Our Troops Act,’’ which is intended to forts, Transportation Security Administration HARRY REID Democrat Senate would ensure that our troops are paid in the event (TSA) aviation passenger screening, and the pass the Defense appropriations bill, we House Republicans succeed in shutting down Coast Guard, who are heavily reliant upon re- would not be here tonight having this the government. ceiving biweekly paychecks, would not be paid debate. The men and women of the Armed Forces biweekly during a Federal funding hiatus. With that, I yield the balance of my who risk their lives to protect our freedoms Grant Programs for State and Local Pre- time to the gentleman from Colorado surely are deserving of the support and re- paredness: All DHS and Federal Emergency (Mr. COFFMAN), the author of the bill, a sources needed to perform their duties, and Management Agency (FEMA) personnel work- retired marine—although marines that includes being paid in full and on time so ing on grants programs would be furloughed, never retire. they can provide for their families and loved ceasing any further activity intended to help Mr. COFFMAN. Mr. Speaker, as we ones. build state and local resiliency. Should a Fed- near the final days of the fiscal year Mr. Speaker, it would not be necessary to eral funding hiatus be prolonged, state and and come face-to-face with the possi- have to devote the considerable amount of local communities may have to eliminate jobs

VerDate Mar 15 2010 07:21 Sep 29, 2013 Jkt 029060 PO 00000 Frm 00083 Fmt 0636 Sfmt 9920 E:\CR\FM\K28SE7.110 H28SEPT1 smartinez on DSK6TPTVN1PROD with HOUSE H6008 CONGRESSIONAL RECORD — HOUSE September 28, 2013 that are dependent upon grants funding. Fur- The question was taken; and the Thompson (PA) Walden Wittman Thornberry Walorski Wolf ther activity under the Securing the Cities pro- Speaker pro tempore announced that Tiberi Weber (TX) Womack gram would be suspended. the ayes appeared to have it. Tipton Webster (FL) Woodall In addition, a government shutdown will hurt Mr. MORAN. Mr. Speaker, on that I Turner Wenstrup Yoder children, seniors, working families, and the demand the yeas and nays. Upton Westmoreland Yoho Valadao Whitfield Young (AK) economically vulnerable: The yeas and nays were ordered. Wagner Williams Young (FL) Military Readiness: In Texas, approximately The SPEAKER pro tempore. Pursu- Walberg Wilson (SC) Young (IN) 52,000 civilian Department of Defense em- ant to clause 8 and clause 9 of rule XX, NAYS—174 ployees would be furloughed, reducing gross this 15-minute vote on the first portion Andrews Grayson Nolan pay by around $274.8 million in total. of the divided question will be followed Bass Green, Al O’Rourke Law Enforcement and Public Safety Funds by 5-minute votes on the remaining Beatty Green, Gene Pallone Becerra for Crime Prevention and Prosecution: Fund- portion of the divided question, if or- Grijalva Pascrell ing will be halted to Texas on an annualized Bera (CA) Gutie´rrez Pastor (AZ) dered, passage of H.R. 3210, and the mo- Bishop (GA) Hahn Payne portion of the $1,103,000 in Justice Assistance tion to suspend the rules on H.R. 2848. Bishop (NY) Hanabusa Perlmutter Grants that support law enforcement, prosecu- The vote was taken by electronic de- Blumenauer Hastings (FL) Peters (MI) Bonamici Heck (WA) Peterson tion and courts, crime prevention and edu- vice, and there were—yeas 248, nays cation, corrections and community corrections, Brady (PA) Himes Pingree (ME) 174, not voting 9, as follows: Braley (IA) Hinojosa Pocan drug treatment and enforcement, and crime Brown (FL) Honda [Roll No. 497] Polis victim and witness initiatives. Brownley (CA) Horsford Price (NC) Vaccines for Children: In Texas around YEAS—248 Butterfield Hoyer Quigley Capps Huffman 9,730 fewer children will not receive vaccines Aderholt Gerlach Messer Rangel Capuano Israel Richmond Amash Gibbs Mica Ca´ rdenas Jackson Lee for diseases such as measles, mumps, rubel- Roybal-Allard Amodei Gibson Miller (FL) Carney Jeffries la, tetanus, whooping cough, influenza, and Ruiz Bachmann Gingrey (GA) Miller (MI) Carson (IN) Johnson (GA) Ruppersberger Hepatitis B due to reduced funding for per- Bachus Gohmert Miller, Gary Cartwright Johnson, E. B. Ryan (OH) sonnel who administer programs that provide Barber Goodlatte Mullin Castor (FL) Kaptur Sa´ nchez, Linda Barletta Gosar Mulvaney Castro (TX) Keating funding for vaccinations. T. Barr Gowdy Murphy (FL) Chu Kelly (IL) Nutrition Assistance for Seniors: Texas Sanchez, Loretta Barrow (GA) Granger Murphy (PA) Cicilline Kennedy Sarbanes would lose approximately $3,557,000 in funds Barton Graves (GA) Neugebauer Clarke Kildee Schakowsky that make it possible to provide meals for sen- Benishek Graves (MO) Noem Clay Kilmer Schiff Bentivolio Griffin (AR) Nugent Cleaver Kind iors. Bilirakis Griffith (VA) Nunes Schwartz For these reasons, we should be working to Clyburn Kirkpatrick Bishop (UT) Grimm Nunnelee Cohen Kuster Scott (VA) pass H.J. Res. 59 as amended by the Senate. Black Guthrie Olson Connolly Langevin Scott, David That is the best way to keep faith with all per- Blackburn Hall Owens Conyers Larsen (WA) Serrano Sewell (AL) sons who serve the American people as em- Boustany Hanna Palazzo Cooper Larson (CT) Brady (TX) Harper Paulsen Costa Lee (CA) Shea-Porter ployees of the Federal Government, and those Bridenstine Harris Pearce Courtney Levin Sherman who depend upon the services they provide. Brooks (AL) Hartzler Perry Crowley Lewis Sires Brooks (IN) Hastings (WA) Peters (CA) Cuellar Lipinski Slaughter b 2345 Broun (GA) Heck (NV) Petri Cummings Loebsack Smith (WA) The SPEAKER pro tempore. All time Buchanan Hensarling Pittenger Davis, Danny Lofgren Speier Bucshon Herrera Beutler Pitts Swalwell (CA) for debate has expired. DeFazio Lowenthal Burgess Holding Poe (TX) DeGette Lowey Takano Pursuant to House Resolution 366, Bustos Hudson Pompeo DeLauro Lujan Grisham Thompson (CA) the previous question is ordered on the Calvert Huelskamp Posey DelBene (NM) Thompson (MS) bill. Camp Huizenga (MI) Price (GA) Deutch Luja´ n, Ben Ray Tierney Campbell Hultgren Radel Titus The question is on the engrossment Dingell (NM) Cantor Hunter Rahall Doggett Lynch Tonko and third reading of the bill. Capito Hurt Reed Doyle Maloney, Tsongas The bill was ordered to be engrossed Carter Issa Reichert Edwards Carolyn Van Hollen and read a third time, and was read the Cassidy Jenkins Renacci Ellison Matsui Vargas Chabot Johnson (OH) Ribble Engel McCollum Veasey third time. Chaffetz Johnson, Sam Rice (SC) Eshoo McDermott Vela The SPEAKER pro tempore. The Coble Jones Rigell Esty McGovern Vela´ zquez question is on the passage of the bill. Coffman Jordan Roby Farr Meng Walz The question was taken; and the Cole Joyce Roe (TN) Fattah Michaud Wasserman Collins (GA) Kelly (PA) Rogers (AL) Foster Miller, George Schultz Speaker pro tempore announced that Collins (NY) King (IA) Rogers (KY) Frankel (FL) Moore Waters the ayes appeared to have it. Conaway King (NY) Rogers (MI) Fudge Moran Watt Mr. KINGSTON. Mr. Speaker, on that Cook Kingston Rohrabacher Gabbard Nadler Waxman Cotton Kinzinger (IL) Rokita I demand the yeas and nays. Gallego Napolitano Welch Cramer Kline Rooney Garamendi Neal Wilson (FL) The yeas and nays were ordered. Crawford Labrador Ros-Lehtinen Garcia Negrete McLeod Yarmuth The SPEAKER pro tempore. Pursu- Crenshaw LaMalfa Roskam ant to clause 8 of rule XX, further pro- Culberson Lamborn Ross NOT VOTING—9 Daines Lance Rothfus ceedings on this question will be post- Davis (CA) McCarthy (NY) Rush Davis, Rodney Lankford Royce Higgins Meeks Schrader poned. Delaney Latham Runyan Holt Pelosi Visclosky f Denham Latta Ryan (WI) Dent LoBiondo Salmon b 0010 DeSantis Long Sanford CONTINUING APPROPRIATIONS Mr. PAYNE changed his vote from RESOLUTION, 2014 DesJarlais Lucas Scalise Diaz-Balart Luetkemeyer Schneider ‘‘yea’’ to ‘‘nay.’’ The SPEAKER pro tempore. Pursu- Duckworth Lummis Schock Messrs. DELANEY and GIBSON ant to clause 1(c) of rule XIX, further Duffy Maffei Schweikert Duncan (SC) Maloney, Sean Scott, Austin changed their vote from ‘‘nay’’ to consideration of the motion offered by Duncan (TN) Marchant Sensenbrenner ‘‘yea.’’ the gentleman from Kentucky will re- Ellmers Marino Sessions So the first portion of the divided sume. Enyart Massie Shimkus question was adopted. Farenthold Matheson Shuster The Clerk read the motion. Fincher McCarthy (CA) Simpson The result of the vote was announced The SPEAKER pro tempore. The Fitzpatrick McCaul Sinema as above recorded. question of adoption of the motion is Fleischmann McClintock Smith (MO) The SPEAKER pro tempore. The sec- divided between the two House amend- Fleming McHenry Smith (NE) ond portion of the divided question is: Flores McIntyre Smith (NJ) ments. Forbes McKeon Smith (TX) Will the House concur in the Senate The first portion of the divided ques- Fortenberry McKinley Southerland amendment with House amendment tion is: Will the House concur in the Foxx McMorris Stewart No. 2 printed in House Report 113–238? Senate amendment with House amend- Franks (AZ) Rodgers Stivers The question was taken; and the Frelinghuysen McNerney Stockman ment No. 1 printed in House Report Gardner Meadows Stutzman Speaker pro tempore announced that 113–238? Garrett Meehan Terry the ayes appeared to have it.

VerDate Mar 15 2010 07:21 Sep 29, 2013 Jkt 029060 PO 00000 Frm 00084 Fmt 0636 Sfmt 0634 E:\CR\FM\A28SE7.045 H28SEPT1 smartinez on DSK6TPTVN1PROD with HOUSE September 28, 2013 CONGRESSIONAL RECORD — HOUSE H6009 Mr. ROGERS of Kentucky. Mr. Braley (IA) Hanna Pascrell [Roll No. 499] Speaker, on that I demand the yeas Brown (FL) Hastings (FL) Pastor (AZ) Brownley (CA) Heck (WA) Payne YEAS—423 and nays. Bustos Himes Perlmutter Aderholt Deutch Kaptur Butterfield Hinojosa The yeas and nays were ordered. Peters (CA) Amash Diaz-Balart Keating Capps Honda Peters (MI) Amodei Dingell Kelly (IL) The SPEAKER pro tempore. This Capuano Horsford Peterson Andrews Doggett Kelly (PA) will be a 5-minute vote. Ca´ rdenas Hoyer Pingree (ME) Bachmann Doyle Kennedy The vote was taken by electronic de- Carney Huffman Pocan Carson (IN) Israel Bachus Duckworth Kildee vice, and there were—yeas 231, nays Polis Barber Duffy Kilmer Cartwright Jackson Lee Price (NC) 192, not voting 8, as follows: Castor (FL) Jeffries Barletta Duncan (SC) Kind Quigley Barr Duncan (TN) King (IA) [Roll No. 498] Castro (TX) Johnson (GA) Rahall Chu Johnson, E. B. Barrow (GA) Edwards King (NY) Rangel Barton Ellison Kingston YEAS—231 Cicilline Kaptur Richmond Clarke Keating Bass Ellmers Kinzinger (IL) Aderholt Griffin (AR) Pittenger Roybal-Allard Clay Kelly (IL) Beatty Engel Kirkpatrick Amash Griffith (VA) Pitts Ruiz Cleaver Kennedy Becerra Enyart Kline Amodei Grimm Poe (TX) Ruppersberger Clyburn Kildee Benishek Eshoo Kuster Bachmann Guthrie Pompeo Ryan (OH) Cohen Kilmer Bentivolio Esty Labrador Bachus Hall Sa´ nchez, Linda Posey Connolly Kind Bera (CA) Farenthold LaMalfa Barletta Harper T. Price (GA) Conyers Kirkpatrick Bilirakis Farr Lamborn Barr Harris Sanchez, Loretta Radel Cooper Kuster Bishop (GA) Fattah Lance Barton Hartzler Sarbanes Reed Costa Langevin Bishop (NY) Fincher Langevin Benishek Hastings (WA) Schakowsky Reichert Courtney Larsen (WA) Bishop (UT) Fitzpatrick Lankford Bentivolio Heck (NV) Schiff Renacci Crowley Larson (CT) Black Fleischmann Larsen (WA) Bilirakis Hensarling Schneider Ribble Cuellar Lee (CA) Blackburn Fleming Larson (CT) Bishop (UT) Herrera Beutler Schrader Rice (SC) Cummings Levin Blumenauer Flores Latham Black Holding Schwartz Rigell Davis, Danny Lewis Bonamici Forbes Latta Blackburn Hudson Scott (VA) Roby DeFazio Lipinski Boustany Fortenberry Lee (CA) Boustany Huelskamp Roe (TN) DeGette Loebsack Scott, David Brady (PA) Foster Levin Brady (TX) Huizenga (MI) Rogers (AL) Delaney Lofgren Serrano Brady (TX) Foxx Lewis Bridenstine Hultgren Rogers (KY) DeLauro Lowenthal Sewell (AL) Braley (IA) Frankel (FL) Lipinski Brooks (AL) Hunter Rogers (MI) DelBene Lowey Shea-Porter Bridenstine Franks (AZ) LoBiondo Brooks (IN) Hurt Rohrabacher Deutch Lujan Grisham Sherman Brooks (AL) Frelinghuysen Loebsack Broun (GA) Issa Rokita Dingell (NM) Sinema Brooks (IN) Fudge Lofgren Buchanan Jenkins Doggett Luja´ n, Ben Ray Sires Broun (GA) Gabbard Long Bucshon Johnson (OH) Rooney Doyle (NM) Slaughter Brown (FL) Gallego Lowenthal Burgess Johnson, Sam Ros-Lehtinen Duckworth Lynch Smith (WA) Brownley (CA) Garamendi Lowey Calvert Jones Roskam Edwards Maffei Speier Buchanan Garcia Lucas Camp Jordan Ross Ellison Maloney, Swalwell (CA) Bucshon Gardner Luetkemeyer Campbell Joyce Rothfus Engel Carolyn Takano Burgess Garrett Lujan Grisham Cantor Kelly (PA) Royce Enyart Maloney, Sean Thompson (CA) Bustos Gerlach (NM) Capito King (IA) Runyan Eshoo Matsui Thompson (MS) Butterfield Gibbs Luja´ n, Ben Ray Carter King (NY) Ryan (WI) Esty McCollum Tierney Calvert Gibson (NM) Cassidy Kingston Salmon Farr McDermott Titus Camp Gingrey (GA) Lummis Chabot Kinzinger (IL) Sanford Fattah McGovern Tonko Campbell Gohmert Lynch Chaffetz Kline Scalise Foster McNerney Tsongas Cantor Goodlatte Maffei Coble Labrador Schock Frankel (FL) Meng Van Hollen Capito Gosar Maloney, Coffman LaMalfa Schweikert Fudge Michaud Vargas Capps Gowdy Carolyn Cole Lamborn Scott, Austin Gabbard Miller, George Veasey Capuano Granger Maloney, Sean Collins (GA) Lance Sensenbrenner Gallego Moore Vela Ca´ rdenas Graves (GA) Marchant Collins (NY) Lankford Sessions Garamendi Moran Vela´ zquez Carney Graves (MO) Marino Conaway Latham Shimkus Garcia Murphy (FL) Walz Carson (IN) Grayson Massie Cook Latta Shuster Gibson Nadler Wasserman Carter Green, Al Matheson Cotton LoBiondo Simpson Grayson Napolitano Schultz Cartwright Green, Gene Matsui Cramer Long Smith (MO) Green, Al Neal Waters Cassidy Griffin (AR) McCarthy (CA) Crawford Lucas Smith (NE) Green, Gene Negrete McLeod Watt Castor (FL) Griffith (VA) McCaul Crenshaw Luetkemeyer Smith (NJ) Grijalva Nolan Waxman Castro (TX) Grijalva McClintock Culberson Lummis Smith (TX) Gutie´rrez O’Rourke Welch Chabot Grimm McCollum Daines Marchant Southerland Hahn Owens Wilson (FL) Chaffetz Guthrie McDermott Davis, Rodney Marino Stewart Hanabusa Pallone Yarmuth Chu Gutie´rrez McGovern Denham Massie Stivers Cicilline Hahn McHenry Dent Matheson Stockman NOT VOTING—8 Clarke Hall McIntyre DeSantis McCarthy (CA) Stutzman Davis (CA) McCarthy (NY) Rush Clay Hanabusa McKeon DesJarlais McCaul Cleaver Hanna McKinley Terry Higgins Meeks Visclosky Diaz-Balart McClintock Thompson (PA) Clyburn Harper McMorris Duffy McHenry Holt Pelosi Thornberry Coble Harris Rodgers Duncan (SC) McIntyre Tiberi Coffman Hartzler McNerney Duncan (TN) McKeon b 0016 Tipton Cohen Hastings (FL) Meadows Ellmers McKinley Turner So the second portion of the divided Cole Hastings (WA) Meehan Farenthold McMorris Upton question was adopted. Collins (GA) Heck (NV) Meng Fincher Rodgers Collins (NY) Heck (WA) Messer Fitzpatrick Meadows Valadao The result of the vote was announced Wagner Conaway Hensarling Mica Fleischmann Meehan as above recorded. Connolly Herrera Beutler Michaud Fleming Messer Walberg Walden A motion to reconsider was laid on Conyers Himes Miller (FL) Flores Mica Cook Hinojosa Walorski Miller (MI) Forbes Miller (FL) the table. Cooper Holding Miller, Gary Weber (TX) Fortenberry Miller (MI) Costa Honda Miller, George Webster (FL) f Foxx Miller, Gary Cotton Horsford Moore Wenstrup Franks (AZ) Mullin Courtney Hoyer Moran Westmoreland Frelinghuysen Mulvaney PAY OUR MILITARY ACT Cramer Hudson Mullin Whitfield Gardner Murphy (PA) The SPEAKER pro tempore. The un- Crawford Huelskamp Mulvaney Garrett Neugebauer Williams Crenshaw Huffman Murphy (FL) Gerlach Noem Wilson (SC) finished business is the vote on passage Crowley Huizenga (MI) Murphy (PA) Gibbs Nugent Wittman of the bill (H.R. 3210) making con- Cuellar Hultgren Nadler Gingrey (GA) Nunes Wolf tinuing appropriations for military pay Culberson Hunter Napolitano Gohmert Nunnelee Womack in the event of a Government shut- Cummings Hurt Neal Goodlatte Olson Woodall Daines Israel Negrete McLeod Gosar Palazzo Yoder down, on which the yeas and nays were Davis, Danny Issa Neugebauer Gowdy Paulsen Yoho ordered. Davis, Rodney Jackson Lee Noem Granger Pearce Young (AK) The Clerk read the title of the bill. DeFazio Jeffries Nolan Graves (GA) Perry Young (FL) DeGette Jenkins Nugent Graves (MO) Petri Young (IN) The SPEAKER pro tempore. The Delaney Johnson (GA) Nunes question is on the passage of the bill. DeLauro Johnson (OH) Nunnelee NAYS—192 This is a 5-minute vote. DelBene Johnson, E. B. O’Rourke Andrews Beatty Bishop (NY) The vote was taken by electronic de- Denham Johnson, Sam Olson Barber Becerra Blumenauer Dent Jones Owens Barrow (GA) Bera (CA) Bonamici vice, and there were—yeas 423, nays 0, DeSantis Jordan Palazzo Bass Bishop (GA) Brady (PA) not voting 8, as follows: DesJarlais Joyce Pallone

VerDate Mar 15 2010 07:21 Sep 29, 2013 Jkt 029060 PO 00000 Frm 00085 Fmt 0636 Sfmt 0634 E:\CR\FM\K28SE7.114 H28SEPT1 smartinez on DSK6TPTVN1PROD with HOUSE H6010 CONGRESSIONAL RECORD — HOUSE September 28, 2013 Pascrell Runyan Thompson (CA) Becerra Fortenberry Luja´ n, Ben Ray Ryan (WI) Smith (TX) Vela´ zquez Pastor (AZ) Ruppersberger Thompson (MS) Benishek Foster (NM) Salmon Smith (WA) Wagner Paulsen Ryan (OH) Thompson (PA) Bentivolio Frankel (FL) Lynch Sa´ nchez, Linda Southerland Walberg Payne Ryan (WI) Thornberry Bera (CA) Frelinghuysen Maffei T. Speier Walden Pearce Salmon Tiberi Bilirakis Fudge Maloney, Sanchez, Loretta Stewart Walorski Perlmutter Sa´ nchez, Linda Tierney Bishop (GA) Gabbard Carolyn Sarbanes Stivers Walz Perry T. Tipton Bishop (NY) Gallego Maloney, Sean Scalise Stockman Wasserman Peters (CA) Sanchez, Loretta Titus Black Garamendi Marchant Schakowsky Stutzman Schultz Peters (MI) Sanford Tonko Schiff Swalwell (CA) Blackburn Garcia Marino Waters Peterson Sarbanes Tsongas Schneider Takano Blumenauer Gerlach Matheson Watt Petri Scalise Turner Matsui Schock Terry Bonamici Gibbs Waxman Pingree (ME) Schakowsky Upton Boustany McCarthy (CA) Schrader Thompson (CA) Gibson Webster (FL) Pittenger Schiff Valadao Brady (PA) McCaul Schwartz Thompson (MS) Gingrey (GA) Welch Pitts Schneider Van Hollen Brady (TX) McClintock Scott, Austin Thompson (PA) Gosar Wenstrup Pocan Schock Vargas Braley (IA) Gowdy McCollum Scott, David Thornberry Serrano Tiberi Westmoreland Poe (TX) Schrader Veasey Bridenstine Granger McDermott Polis Schwartz Vela Sessions Tierney Whitfield Brooks (IN) Graves (GA) McGovern Pompeo Schweikert Vela´ zquez Sewell (AL) Tipton Wilson (FL) Brown (FL) Graves (MO) McHenry Posey Scott (VA) Wagner Shea-Porter Titus Wilson (SC) Brownley (CA) Grayson McIntyre Price (GA) Scott, Austin Walberg Sherman Tonko Wolf Buchanan Green, Al McKeon Price (NC) Scott, David Walden Shimkus Tsongas Womack Bucshon Green, Gene McKinley Quigley Sensenbrenner Walorski Shuster Turner Yarmuth Bustos Griffin (AR) McMorris Radel Serrano Walz Simpson Upton Yoder Butterfield Grijalva Rodgers Rahall Sessions Wasserman Calvert McNerney Sinema Valadao Yoho Rangel Sewell (AL) Schultz Grimm Sires Van Hollen Camp Guthrie Meadows Young (AK) Reed Shea-Porter Waters Capito Meehan Slaughter Vargas Young (FL) Gutie´rrez Smith (NE) Reichert Sherman Watt Capps Meng Veasey Young (IN) Renacci Shimkus Waxman Hahn Smith (NJ) Vela Capuano Hall Messer Ribble Shuster Weber (TX) Ca´ rdenas Mica Rice (SC) Simpson Webster (FL) Hanabusa NAYS—37 Carney Hanna Michaud Richmond Sinema Welch Carson (IN) Miller (FL) Amash Gohmert Posey Rigell Sires Wenstrup Harper Carter Miller (MI) Bishop (UT) Goodlatte Ribble Roby Slaughter Westmoreland Harris Cartwright Miller, Gary Brooks (AL) Griffith (VA) Rigell Roe (TN) Smith (MO) Whitfield Hartzler Cassidy Miller, George Broun (GA) Huelskamp Sanford Rogers (AL) Smith (NE) Williams Hastings (FL) Castor (FL) Moore Burgess Hultgren Schweikert Rogers (KY) Smith (NJ) Wilson (FL) Hastings (WA) Castro (TX) Mullin Campbell Hurt Scott (VA) Rogers (MI) Smith (TX) Wilson (SC) Heck (NV) Chabot Murphy (FL) Duncan (TN) Jones Sensenbrenner Rohrabacher Smith (WA) Wittman Heck (WA) Chaffetz Murphy (PA) Fleming Lamborn Smith (MO) Rokita Southerland Wolf Hensarling Chu Nadler Forbes Lummis Rooney Speier Womack Herrera Beutler Weber (TX) Cicilline Napolitano Foxx Massie Ros-Lehtinen Stewart Woodall Himes Wittman Clarke Neal Franks (AZ) Moran Roskam Stivers Yarmuth Hinojosa Woodall Negrete McLeod Gardner Mulvaney Ross Stockman Yoder Clay Holding Neugebauer Garrett Nunnelee Rothfus Stutzman Yoho Cleaver Honda Noem Roybal-Allard Swalwell (CA) Young (AK) Clyburn Horsford NOT VOTING—10 Coble Nolan Royce Takano Young (FL) Hoyer Cantor McCarthy (NY) Visclosky Ruiz Terry Young (IN) Coffman Hudson Nugent Cohen Nunes Davis (CA) Meeks Williams Huffman Higgins Pelosi NOT VOTING—8 Cole Huizenga (MI) O’Rourke Collins (GA) Olson Holt Rush Davis (CA) McCarthy (NY) Rush Hunter Collins (NY) Owens Higgins Meeks Visclosky Israel Conaway Palazzo b 0029 Holt Pelosi Issa Connolly Jackson Lee Pallone So (two-thirds being in the affirma- Conyers Jeffries Pascrell b 0022 Cook Pastor (AZ) tive) the rules were suspended and the Jenkins bill, as amended, was passed. So the bill was passed. Cooper Johnson (GA) Paulsen Costa Johnson (OH) Payne The result of the vote was announced The result of the vote was announced Cotton Pearce Johnson, E. B. as above recorded. as above recorded. Courtney Perlmutter Johnson, Sam Cramer Perry A motion to reconsider was laid on A motion to reconsider was laid on Jordan Crawford Peters (CA) the table. the table. Joyce Crenshaw Peters (MI) Kaptur Crowley Peterson f f Keating Cuellar Petri Kelly (IL) Culberson Pingree (ME) HOUR OF MEETING ON MONDAY, DEPARTMENT OF STATE OPER- Kelly (PA) Cummings Pittenger SEPTEMBER 30, 2013 Kennedy ATIONS AND EMBASSY SECU- Daines Pitts Kildee RITY AUTHORIZATION ACT, FIS- Davis, Danny Pocan Ms. ROS-LEHTINEN. Mr. Speaker, I Kilmer CAL YEAR 2014 Davis, Rodney Poe (TX) ask unanimous consent that when the DeFazio Kind Polis House adjourns today, it adjourn to The SPEAKER pro tempore. The un- King (IA) DeGette Pompeo meet at 10 a.m. on Monday, September finished business is the vote on the mo- Delaney King (NY) Price (GA) Kingston 30, 2013. tion to suspend the rules and pass the DeLauro Price (NC) DelBene Kinzinger (IL) Quigley The SPEAKER pro tempore. Is there bill (H.R. 2848) to authorize appropria- Kirkpatrick Denham Radel objection to the request of the gentle- tions for the Department of State for Dent Kline Rahall woman from Florida? fiscal year 2014, and for other purposes, DeSantis Kuster Rangel DesJarlais Labrador Reed There was no objection. as amended, on which the yeas and Deutch LaMalfa Reichert nays were ordered. Diaz-Balart Lance Renacci f The Clerk read the title of the bill. Dingell Langevin Rice (SC) Lankford SAFE CLIMATE CAUCUS The SPEAKER pro tempore. The Doggett Richmond Doyle Larsen (WA) Roby (Mr. WAXMAN asked and was given question is on the motion offered by Duckworth Larson (CT) Roe (TN) the gentleman from California (Mr. Duffy Latham Rogers (AL) permission to address the House for 1 ROYCE) that the House suspend the Duncan (SC) Latta Rogers (KY) minute.) Lee (CA) rules and pass the bill, as amended. Edwards Rogers (MI) Mr. WAXMAN. Mr. Speaker, on Fri- Ellison Levin Rohrabacher day, the world’s best scientists ren- This is a 5-minute vote. Ellmers Lewis Rokita The vote was taken by electronic de- Engel Lipinski Rooney dered a conclusive verdict: climate vice, and there were—yeas 384, nays 37, Enyart LoBiondo Ros-Lehtinen change is real, it is caused by human Eshoo Loebsack Roskam not voting 10, as follows: activity, and its consequences will be Esty Lofgren Ross catastrophic. [Roll No. 500] Farenthold Long Rothfus Farr Lowenthal Roybal-Allard What the scientists are telling us is YEAS—384 Fattah Lowey Royce that evidence is now just as strong that Aderholt Bachus Barrow (GA) Fincher Lucas Ruiz carbon pollution is causing climate Amodei Barber Barton Fitzpatrick Luetkemeyer Runyan Andrews Barletta Bass Fleischmann Lujan Grisham Ruppersberger change as is the claim that cigarettes Bachmann Barr Beatty Flores (NM) Ryan (OH) cause cancer. They are sounding the

VerDate Mar 15 2010 07:21 Sep 29, 2013 Jkt 029060 PO 00000 Frm 00086 Fmt 0636 Sfmt 0634 E:\CR\FM\A28SE7.042 H28SEPT1 smartinez on DSK6TPTVN1PROD with HOUSE September 28, 2013 CONGRESSIONAL RECORD — HOUSE H6011 fire alarm, and the President is sending U.S.C. 801(a)(1)(A); to the Committee on salary of Members of Congress and deem in the firefighters. EPA, the Energy Transportation and Infrastructure. Members of Congress as ‘‘non-essential’’ em- Department, Interior, and the State f ployees during a government shutdown; to the Committee on House Administration, Department are all working to bring REPORTS OF COMMITTEES ON and in addition to the Committee on Over- down emissions and protect this plan- PUBLIC BILLS AND RESOLUTIONS sight and Government Reform, for a period et. But here in Congress, House Repub- to be subsequently determined by the Speak- licans are denying the science and ig- Under clause 2 of rule XIII, reports of er, in each case for consideration of such pro- noring the scientists. They are living committees were delivered to the Clerk visions as fall within the jurisdiction of the in a fantasy land and drafting bills to for printing and reference to the proper committee concerned. tie the hands of the rescue squad. calendar, as follows: By Mr. KINGSTON (for himself and Mr. This is willful ignorance. It is endan- Mr. GOODLATTE: Committee on the Judi- GOHMERT): ciary. H.R. 2122. A bill to reform the process H.R. 3216. A bill to ensure that members of gering the world our children and fu- the Armed Forces and Federal law enforce- ture generations will inherit. This is by which Federal agencies analyze and for- mulate new regulations and guidance docu- ment officers continue to receive their pay wrong and immoral. We must not be- ments (Rept. 113–237). Referred to the Com- and allowances despite a shutdown of the come the last bastion of the Flat Earth mittee of the Whole House on the state of Federal Government or in the event that the debt of the United States Government Society. We need to act and we need to the Union. reaches the statutory limit; to the Com- act now. Mr. SESSIONS: Committee on Rules. mittee on Ways and Means, and in addition House Resolution 366. Resolution providing f to the Committees on Armed Services, and for consideration of the Senate amendment the Judiciary, for a period to be subse- ADJOURNMENT to the joint resolution (H.J. Res. 59) making quently determined by the Speaker, in each continuing appropriations for fiscal year Mr. FORTENBERRY. Mr. Speaker, I case for consideration of such provisions as 2014, and for other purposes, and providing move that the House do now adjourn. fall within the jurisdiction of the committee for consideration of the bill (H.R. 3210) mak- concerned. The motion was agreed to; accord- ing continuing appropriations for military By Mr. LAMBORN: ingly (at 12 o’clock and 33 minutes pay in the event of a Government shutdown a.m.), under its previous order, the H.R. 3217. A bill to ensure the pay and al- (Rept. 113–238). Referred to the House Cal- lowances of members of the Armed Forces in House adjourned until Monday, Sep- endar. the event that the debt limit is reached or tember 30, 2013, at 10 a.m. f during a funding gap, and for other purposes; f to the Committee on Ways and Means, and in PUBLIC BILLS AND RESOLUTIONS addition to the Committees on Armed Serv- EXECUTIVE COMMUNICATIONS, Under clause 2 of rule XII, public ices, and Transportation and Infrastructure, ETC. bills and resolutions of the following for a period to be subsequently determined Under clause 2 of rule XIV, executive titles were introduced and severally re- by the Speaker, in each case for consider- communications were taken from the ation of such provisions as fall within the ju- ferred, as follows: risdiction of the committee concerned. Speaker’s table and referred as follows: By Mr. COFFMAN (for himself, Mr. By Mr. NUGENT (for himself, Ms. CAS- 3138. A letter from the Director, Regu- KINGSTON, Mr. GOHMERT, Mr. TOR of Florida, Mr. ROONEY, Ms. ROS- latory Management Division, Environmental LATHAM, and Mrs. WALORSKI): LEHTINEN, Mr. BILIRAKIS, Mr. GARCIA, Protection Agency, transmitting the Agen- H.R. 3210. A bill making continuing appro- Mr. YOUNG of Florida, Mr. MILLER of cy’s final rule — Designation of Areas for Air priations for military pay in the event of a Florida, Mr. POSEY, Mr. WEBSTER of Quality Planning Purposes; California; Government shutdown; to the Committee on Florida, Mr. ROSS, and Mr. YOHO): Morongo Band of Mission Indians [EPA-R09- Appropriations. considered and passed. H.R. 3218. A bill to delay increases in flood OAR-2012-0936; FRL-9901-13-Region 9] re- By Mr. HUIZENGA of Michigan (for insurance premium rates under the national ceived September 17, 2013, pursuant to 5 himself, Mr. MEEKS, Mr. ROYCE, Mr. flood insurance program until completion of U.S.C. 801(a)(1)(A); to the Committee on En- DAVID SCOTT of Georgia, Mr. STIVERS, the pending study regarding the affordability ergy and Commerce. Mr. PETERS of Michigan, Mr. BACHUS, of such rates and congressional consider- 3139. A letter from the Director, Regu- Ms. MCCOLLUM, Mr. MURPHY of Flor- ation of reforms to make such rates afford- latory Management Division, Environmental ida, and Mr. DOYLE): able, and for other purposes; to the Com- Protection Agency, transmitting the Agen- H.R. 3211. A bill to amend the Truth in mittee on Financial Services, and in addi- cy’s final rule — Quinoxyfen; Pesticide Tol- Lending Act to improve upon the definitions tion to the Committee on Rules, for a period erances [EPA-HQ-OPP-2012-0911; FRL-9398-9] provided for points and fees in connection to be subsequently determined by the Speak- received September 17, 2013, pursuant to 5 with a mortgage transaction; to the Com- er, in each case for consideration of such pro- U.S.C. 801(a)(1)(A); to the Committee on En- mittee on Financial Services. visions as fall within the jurisdiction of the ergy and Commerce. By Mr. SMITH of New Jersey (for him- committee concerned. 3140. A letter from the Director, Regu- self, Mr. MORAN, Mr. WOLF, Mr. f latory Management Division, Environmental MEADOWS, Mr. KENNEDY, Mr. SHER- Protection Agency, transmitting the Agen- MAN, Mr. LIPINSKI, Mr. HOLDING, and CONSTITUTIONAL AUTHORITY cy’s final rule — Revision to the Washington Mr. BURGESS): STATEMENT State Implementation Plan; Approval of H.R. 3212. A bill to ensure compliance with Pursuant to clause 7 of rule XII of Motor Vehicle Emission Budgets and Deter- the 1980 Hague Convention on the Civil As- the Rules of the House of Representa- mination of Attainment for the 2006 24-Hour pects of International Child Abduction by Fine Particulate Standard; Tacoma-Pierce countries with which the United States en- tives, the following statements are sub- County Nonattainment Area [EPA-R10-OAR- joys reciprocal obligations, to establish pro- mitted regarding the specific powers 2012-0760; FRL-9901-02-Region 10] received cedures for the prompt return of children ab- granted to Congress in the Constitu- September 17, 2013, pursuant to 5 U.S.C. ducted to other countries, and for other pur- tion to enact the accompanying bill or 801(a)(1)(A); to the Committee on Energy and poses; to the Committee on Foreign Affairs. joint resolution. Commerce. By Mr. GRAYSON: By Mr. COFFMAN: 3141. A letter from the Paralegal Spe- H.R. 3213. A bill making appropriations for H.R. 3210. cialist, Department of Transportation, trans- all departments and agencies of the Federal Congress has the power to enact this legis- mitting the Department’s final rule — Air- Government for fiscal year 2014, and for lation pursuant to the following: worthiness Directives; Airbus Airplanes other purposes; to the Committee on Appro- The principal constitutional authority for [Docket No.: FAA-2012-1038; Directorate iden- priations, and in addition to the Committee this legislation is clause 7 of section 9 of ar- tifier 2011-NM-166-AD; Amendment 39-17537; on Ways and Means, for a period to be subse- ticle I of the Constitution of the United AD 2013-15-21] (RIN: 2120-AA64) received Sep- quently determined by the Speaker, in each States (the appropriation power), which tember 9, 2013, pursuant to 5 U.S.C. case for consideration of such provisions as states: ‘‘No Money shall be drawn from the 801(a)(1)(A); to the Committee on Transpor- fall within the jurisdiction of the committee Treasury, but in Consequence of Appropria- tation and Infrastructure. concerned. tions made by Law . . .’’ In addition, clause 3142. A letter from the Paralegal Spe- By Mr. GALLEGO: 1 of section 8 of article I of the Constitution cialist, Department of Transportation, trans- H.R. 3214. A bill making continuing appro- (the spending power) provides: ‘‘The Con- mitting the Department’s final rule — Air- priations for personnel critical to national gress shall have the Power . . . to pay the worthiness Directives; The Boeing Company security during a Government shutdown; to Debts and provide for the common Defence Airplanes [Docket No.: FAA-2012-0637; Direc- the Committee on Appropriations. and general Welfare of the United torate Identifier 2012-NM-006-AD; Amend- By Mr. GALLEGO: States. . . .’’ Together, these specific con- ment 39-17532; AD 2013-15-16] (RIN: 2120-AA64) H.R. 3215. A bill to amend the Legislative stitutional provisions establish the congres- received September 9, 2013, pursuant to 5 Reorganization Act of 1946 to suspend the sional power of the purse, granting Congress

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the authority to appropriate funds, to deter- Congress has the power to enact this legis- WASSERMAN SCHULTZ, Ms. DEGETTE, Ms. mine their purpose, amount, and period of lation pursuant to the following: ESHOO, Mrs. LOWEY, Mr. BARTON, Mr. DANNY availability, and to set forth terms and con- Article I, Section 9, Clause 7: ‘‘No Money K. DAVIS of Illinois, and Mr. GARAMENDI. ditions governing their use. shall be drawn from the Treasury but in Con- H.R. 1658: Mr. KIND. By Mr. HUIZENGA of Michigan: sequence of Appropriations made by H.R. 1717: Mr. REICHERT. H.R. 3211. Law.. . .’’ H.R. 1779: Mr. BUCSHON and Mr. WHITFIELD. Congress has the power to enact this legis- Article I, Section 8, Clause 1: ‘‘The Con- H.R. 1825: Mr. PITTENGER. lation pursuant to the following: gress shall have the Power . . . to pay the H.R. 1971: Mr. ROTHFUS. Congress has the power to enact this legis- Debts and provide for the common Defence H.R. 2016: Mr. COHEN. lation pursuant to Article I, Section 8, and general Welfare of the United States. H.R. 2415: Mr. HASTINGS of Florida, Mrs. Clause 3. . . .’’ KIRKPATRICK, Ms. JENKINS, Mr. BRALEY of By Mr. SMITH of New Jersey: Article I, Section 8, Clauses 12 and 13: Con- Iowa, Mr. FOSTER, Mr. NEAL, Ms. LOFGREN, H.R. 3212. gress shall have power ‘‘[t]o raise and sup- Mrs. DAVIS of California, Mr. YOUNG of Indi- Congress has the power to enact this legis- port Armies . . .’’ and ‘‘[t]o provide and lation pursuant to the following: ana, and Mr. COSTA. maintain a Navy.’’ H.R. 2482: Mr. LOEBSACK. Article I, Section 8. By Mr. LAMBORN: H.R. 2632: Ms. PINGREE of Maine. By Mr. GRAYSON: H.R. 3217. H.R. 2717: Mr. RANGEL. H.R. 3213. Congress has the power to enact this legis- Congress has the power to enact this legis- H.R. 2760: Ms. MATSUI. lation pursuant to the following: H.R. 2876: Mr. JOHNSON of Ohio, Mr. GIBBS, lation pursuant to the following: The U.S. Constitution, Article 1, Section 8, Article I, Section 9, Clause 7 and Mr. BROUN of Georgia. Clause 1: ‘‘No Money shall be drawn from the Treas- H.R. 2904: Mr. KENNEDY. ‘‘The Congress shall have Power To lay and ury, but in Consequence of Appropriations collect Taxes, Duties, Imposts and Excises, H.R. 2905: Mr. KENNEDY. made by Law...: to pay the Debts and provide for the common H.R. 2957: Mrs. KIRKPATRICK, Mr. Article I, Section 8, Clause 1 BARLETTA, and Mr. LOEBSACK. ‘‘The Congress shall have Power . . . to pay Defence and general Welfare of the United States.’’ H.R. 2974: Ms. BROWNLEY of California. the Debts and provide for the common H.R. 3076: Mr. RIBBLE. Defence and general Welfare of the United By Mr. NUGENT: H.R. 3218. H.R. 3111: Mr. O’ROURKE. States. . .’’ H.R. 3152: Mr. BARROW of Georgia. By Mr. GALLEGO: Congress has the power to enact this legis- H.R. 3160: Mr. BENISHEK, Mr. RUNYAN, Mr. H.R. 3214. lation pursuant to the following: BUCHANAN, and Mr. JOHNSON of Ohio. Congress has the power to enact this legis- Article 1, Section 8 of the United States H.R. 3175: Mr. GIBBS, Mr. GINGREY of Geor- lation pursuant to the following: Constitution. gia, Mr. HUELSKAMP, Mr. JONES, Mr. THE U.S. CONSTITUTION ARTICLE I, f SECTION 8: MULVANEY, Mr. SANFORD, Mr. WOODALL, and POWERS OF CONGRESS CLAUSE 18 ADDITIONAL SPONSORS Mr. Yoder. The Congress shall have power . . . To Under clause 7 of rule XII, sponsors H.R. 3189: Mr. COFFMAN and Mrs. LUMMIS. make all laws which shall be necessary and H.R. 3207: Ms. SCHAKOWSKY and Mr. were added to public bills and resolu- FALEOMAVAEGA. proper for carrying into execution the fore- tions as follows: going powers, and all other powers vested by H.J. Res. 66: Mr. RIBBLE. this Constitution in the government of the H.R. 318: Mr. RYAN of Ohio. H. Res. 302: Mr. PALLONE. United States, or in any department or offi- H.R. 567: Mr. STOCKMAN. cer thereof. H.R. 721: Mr. POCAN. f By Mr. GALLEGO: H.R. 724: Mr. LAMBORN, Mr. CRAMER, Mr. H.R. 3215. TIPTON, and Mr. AMODEI. Congress has the power to enact this legis- H.R. 800: Ms. SHEA-PORTER. CONGRESSIONAL EARMARKS, LIM- lation pursuant to the following: H.R. 915: Mr. GIBSON, Mr. SCHNEIDER, and ITED TAX BENEFITS, OR LIM- THE U.S. CONSTITUTION ARTICLE I, Mr. MEADOWS. ITED TARIFF BENEFITS SECTION 8: H.R. 1077: Mr. FARENTHOLD and Mr. POWERS OF CONGRESS CLAUSE 18 PALAZZO. Under clause 9 of rule XXI, lists or The Congress shall have power . . . To H.R. 1094: Ms. BROWN of Florida and Mr. statements on congressional earmarks, make all laws which shall be necessary and FATTAH. limited tax benefits, or limited tariff proper for carrying into execution the fore- H.R. 1146: Mr. LOEBSACK. benefits were submitted as follows: going powers, and all other powers vested by H.R. 1148: Mr. FARR and Mr. BARLETTA. this Constitution in the government of the H.R. 1252: Mr. GRAYSON and Ms. SHEA-POR- OFFERED BY MR. ROGERS OF KENTUCKY United States, or in any department or offi- TER. H.R. 3210, the Pay Our Military Act, does cer thereof. H.R. 1281: Mr. JONES, Mr. MCKEON, Mr. not contain any congressional earmarks, By Mr. KINGSTON: PIERLUISI, Mr. SCHIFF, Mr. NEAL, Mr. LAN- limited tax benefits, or limited tariff bene- H.R. 3216. GEVIN, Mr. DOYLE, Mr. TONKO, Ms. fits as defined in clause 9 of rule XXI.

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OUR UNCONSCIONABLE NATIONAL areas of American life such as the military, Baderinwa, Yves Bollanga, Lola Ogunnaike, DEBT health-care, arts, education, community serv- Pamela Anchang, Celestin Ngoa, Omoyele ice and public policy; and Sowore; HON. MIKE COFFMAN Whereas, raising awareness about African Whereas, there have been many achieve- ments of Americans of recent African immi- OF COLORADO immigrant heritage is crucial to effectively fighting disparities within the greater Black grant descent in fashion, which include: Imam, IN THE HOUSE OF REPRESENTATIVES population in the American narrative and is es- Kibonen Nfi, Oluchi, Bertini Wandja Heumegni, Saturday, September 28, 2013 sential to building a stronger community and a Liya Kebede, BeBe Zahara Benet, and Mr. COFFMAN. Mr. Speaker, on January stronger America; and Betrand Fote; 20, 2009, the day President Obama took of- Whereas, during the 17th, 18th, and 19th Whereas, there have been many achieve- fice, the national debt was centuries, a significant number of slaves from ments of Americans of recent African immi- $10,626,877,048,913. Africa region were brought to the United grant descent who are successful entre- Today, it is $16,738,443,175,473.97. We’ve States; preneurs, which include: Jessica Matthews, added $6,111,566,126,560.89 to our debt in 5 Whereas, African immigrants from Cape Kase Lukman Lawal, Christopher Che, Elon years. This is $6.1 trillion in debt our Nation, Verde first came to the United States in the Musk, and Noah A. Samara; our economy, and our children could have 1790s, The Cape Verdean immigrants arrived Whereas, there have been many achieve- avoided with a balanced budget amendment. aboard New England whaling ships, which ments of Americans of recent African immi- grant descent in government, such as Mem- f would often pick up crewmen off the coast of Cape Verde in Africa and their descendants bers of the Montgomery County Executive’s EXPRESSING THE SENSE THAT include the legendary Lena Home and sailors African Advisory Group (MD), Washington, DC THERE SHOULD BE ESTAB- who fought in the Union Navy; Mayor’s Commission of African Affairs, the LISHED A NATIONAL AMERICANS Whereas, In 1922, the US government re- Newark Mayor’s African Commission (NJ the OF AFRICAN IMMIGRANT HERIT- stricted the immigration of peoples of color, Philadelphia Mayor’s African and Caribbean AGE MONTH (AFRICAN IMMI- greatly reducing Cape Verdean immigration. Commission (PA), the Bronx Borough Presi- GRANT HERITGE MONTH) The new regulations also prevented Cape dent’s African Advisory Council (NY), Council Verdean Americans from visiting Africa for fear Member Edoaurd Haba, and Judge Nina HON. YVETTE D. CLARKE of being denied reentry into the United States; Ashenafi Richardson; Whereas, there have been many achieve- OF NEW YORK Whereas, In the 1960s to 1970s, due to the ments of Americans of recent African immi- IN THE HOUSE OF REPRESENTATIVES more racially inclusive regulations of the Immi- gration and Nationality Act of 1965, more Afri- grant descent as African immigrant activists, Saturday, September 28, 2013 can immigrants from across the continent which include: Tsehaye Teferra of Ethiopian Ms. CLARKE. Mr. Speaker, today I rise to came to the US primarily as students; Community and Development Center and recognize September as National Americans Whereas, In the 1980s and 1990s, Africans Sylvie Bello of Cameroon American Council; of African Immigrant Heritage Month and to in the US were primarily refugees, who were Whereas, the 44th President of the United celebrate the significant contributions of Amer- fleeing hardships from countries such as Ethi- States, Barack Hussein Obama, is of Kenyan icans of African Immigrant Heritage who have opia, Liberia, Sierra Leone, Somalia, Sudan; descent; Whereas, Americans of recent African immi- enriched the history of the United States: Whereas, In the 2000s Africans in the US grant heritage have played an active role in Whereas, people of recent African immi- were primarily beneficiaries of the highly pop- the civil rights movement and other social and grant heritage are found in every State of the ular State Department program known as the political movements in the United States; Union; Diversity Visa lottery program; Whereas, Americans of recent African immi- Whereas, the history of Americans of Afri- Whereas, much like the United States, the grant heritage have contributed greatly to edu- can Immigrant Heritage in the United States is countries in Africa faced obstacles of in coun- cation, fine arts, business, literature, jour- inextricably tied to the story of the United try-slavery and colonialism and struggled for nalism, sports, fashion, politics, government, States; independence; the military, music, science, technology, and Whereas, the community of Americans of Whereas, the independence movements in other areas in the United States; African immigrant heritage is an inherently di- many countries in Africa during the 1960s and Whereas, Americans of recent African immi- verse population comprised of more than 45 the consequential establishment of inde- grant heritage share their culture through art, distinct ethnicities and more than 500 lan- pendent democratic countries in Africa fashion, festivals, music, dance, film, and lit- guage dialects; strengthened ties between the region and the erature that enrich the cultural landscape of Whereas, Americans of African immigrant United States; the United States; heritage in the United States come from all re- Whereas, there have been many influential Whereas, the countries in Africa are impor- gions in Africa and do not constitute a homo- Americans of recent African immigrant herit- tant economic partners of the United States; geneous group, including people from different age in the history of the United States, includ- Whereas, the people of Africa share the national, linguistic, ethnic, racial, cultural and ing in Academia: Jem Spectar, Elfatih A.B. hopes and aspirations of the people of the social backgrounds; Eltahir, Ahmed Zewail; United States for peace and prosperity Whereas, Americans of African immigrant Whereas, there have been many achieve- throughout the world; heritage came to the United States voluntarily, ments of Americans of recent African immi- Whereas, there remains much to be done to and are distinct from African Americans, the grant descent in sports, which include: Betty ensure that Americans of recent African immi- latter of whom are descendants of mostly Okino, Yoakim Noah, Hakeem Olajuwon, grant heritage have access to resources and West and Central Africans who were involun- Ndamukong Suh, Luc Mbah a Mboute, Freddy a voice in the Government of the United tarily brought to the United States by means of Adu, Alfred Aboya; States and continue to advance in the political, the historic Atlantic slave trade; Whereas, there have been many achieve- social, and economic landscape of the United Whereas, the month of September has been ments of Americans of recent African immi- States; celebrated by the Africans of Montgomery grant descent in the arts, which include: Akon, Whereas, celebrating African Immigrant Her- County, Maryland since 2008, because, Afri- Charlize Theron, Dave Matthews, Djimon itage Month provides the people of the United can Union Day is on September 9th; Hounsou, Karine Plantadit, Idris Elba, Wale, States with an opportunity to recognize the Whereas, recent African immigrants have and Anika Noni Ross; achievements, contributions, and history of made significant contributions to American cul- Whereas, there have been many achieve- and to appreciate the challenges faced by ture such as having high educational and in- ments of Americans of recent African immi- Americans of recent African immigrant herit- come levels, as well as contributing to many grant descent in media, which include: Sade age; and

∑ 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.

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Upon returning to Columbia, Mr. cans of African Immigrant Heritage Month Throughout her life, Mary Ann has taught Clarkson entered USC School of Law—at- should be established to celebrate the signifi- everyone she meets the importance of hard tending class and working as an accountant cant contributions of Americans of recent Afri- work. She has continued to work around her by day while studying law at night. He was can Immigrant Heritage to the history of the house and church, the St. James A.M.E. graduated in 1955 and admitted to the S.C. United States, and believe the people of the Church in Goodwater, Alabama. Bar and the Federal Bar including ulti- mately the United States Supreme Court. In United States should observe the month with On October the 6th, St. James A.M.E. 1979 Mr. Clarkson retired from the Navy as appropriate ceremonies, celebrations, and ac- Church Family will be holding a celebration for Captain USNR. tivities. Mrs. Knight during their church service. They From 1958 to 1966 Mr. Clarkson was a mem- Americans of recent African Immigrant Herit- will recognize her dedication to her family, ber and executive secretary of the S.C. Legis- age strengthen the United States and enhance friends, community and church. lative Tax Study Commission—authoring its rich diversity; it is time we formally cele- Mr. Speaker, please join me in celebrating most of the tax legislation enacted during Mrs. Mary Ann Knight’s 110th birthday. 110 this period. In 1960 Mr. Clarkson moved A.C. brate this fact. Clarkson and Company to partnership form f years is quite a milestone, and I am honored as Clarkson, Harden, and Gantt, CPAs. This today to help pay recognition to it. firm grew to nine partners and over seventy RECOGNIZING THE LIFE OF REV- f employees engaged in all facets of account- EREND CLARENCE BOOKER ing practice. In 1985 Clarkson Harden and TALIAFERRO SMITH A. CRAWFORD CLARKSON, JR., A Gantt was acquired by Arthur Young and TRUE SOUTHERN GENTLEMAN Company. Mr. Clarkson retired from the ac- HON. EDDIE BERNICE JOHNSON counting practice in 1987 and was appointed HON. JOE WILSON as a commissioner of the S.C. Tax Commis- OF TEXAS sion (now the S.C. Department of Revenue). OF SOUTH CAROLINA IN THE HOUSE OF REPRESENTATIVES He served South Carolina in this position for IN THE HOUSE OF REPRESENTATIVES Saturday, September 28, 2013 eight years, the last two years as Chairman. Saturday, September 28, 2013 For this service Governor Carroll Campbell Ms. EDDIE BERNICE JOHNSON of Texas. awarded Mr. Clarkson the Order of the Pal- Mr. Speaker, I rise today to recognize the life Mr. WILSON of South Carolina. Mr. Speak- metto. Upon leaving the Tax Commission of Reverend Clarence Booker Taliaferro er, yesterday South Carolina lost one of its Mr. Clarkson was associated with the ac- Smith, the late pastor of the Golden Gate Mis- most beloved citizens, A. Crawford Clarkson, counting firm Bauknight Pietras and Storm- sionary Baptist Church in Dallas. The street on Jr., who exemplifies a true Southern Gen- er, P.A. Mr. Clarkson’s deep family roots in South which the Golden Gate Missionary Baptist tleman. The following obituary is from Shives Funeral Home of Columbia, South Carolina. Carolina led to a sustained interest in the Church is located will be renamed in his honor wellbeing of her citizens as seen in his active for his unwavering commitment and dedication As Campaign Manager six times for Con- gressman Floyd Spence with Crawford as involvement in many civic, cultural, reli- to his community. gious, and political organizations. He was Rev. Smith was best known for his remark- Campaign Treasurer I appreciated firsthand honored to have been a member of the able energy, unyielding devotion to the faith, his profound Scottish frugality. diaconate at First Presbyterian Church and and his humility and love toward his neigh- Andrew Crawford Clarkson, Jr. of Colum- subsequently a member of the vestry at bors. He grew up in San Antonio where he bia, SC died on September 27, 2013. He was Trinity Episcopal Cathedral; President of the the son of Andrew Crawford Clarkson, Sr. of local council of Boy Scouts of America said the life-changing decision to pursue a life Columbia, SC and Jennie Louise Taber of (Eagle and Silver Beaver); Campaign Chair- of faith came to him in a dream. Fort Motte, SC. Born in Columbia December man of the United Way; founding board Rev. Smith served as pastor for 45 memo- 17, 1919, he was educated in the Columbia member of Patriots Point Naval Museum in rable years, first assuming the position in Jan- city schools graduating in 1937 from Colum- Charleston; founding member of the Colum- uary 1943. As a devoted member of the com- bia High School. In 1941 he was graduated in bia Sailing Club; treasurer and fundraiser for munity, Rev. Smith remained loyal to his fol- absentia from the University of South Caro- Congressman Floyd Spence; chairman of lowers. In a decisive moment, Rev. Smith re- lina having received a commission as Ensign Governor Carroll Campbell’s committee that fused to relocate the church out of Oak Cliff USNR. In 1949 he married Sarah Fairbanks successfully negotiated a treaty with the Ca- Bull of Georgetown, SC. tawba Nation; treasurer of the SC Society of and into a more prestigious locale. Although Crawford Clarkson’s life was animated by the Cincinnati; member of the Correctional Rev. Smith stepped down as pastor in 1997, an abiding love for country, his native state, Development Foundation from which came he remained active in his community. Nation- and his family. He was a lively conversa- the pretrial intervention procedure in effect ally, Rev. Smith is recognized as an arche- tionalist, a tireless encourager of his chil- today. typal follower of the faith and a model for his dren, lover of travel, and treasured his Scot- Mr. Clarkson was especially concerned in peers. tish heritage. An accomplished businessman, promoting the good of the University of Mr. Speaker, Rev. Smith was an inspiring his steady wisdom and consummate profes- South Carolina. He was instrumental in the sionalism made him a behind the scenes and devoted individual. He prided himself on formation of the USC Educational Founda- trusted advisor to politicians, governors, tion, led the way, at the direction of Coach his faith and others frequently turned to Rev. university presidents, church leaders, busi- Paul Dietzel, in acquiring a major bequest Smith for spiritual guidance. His passing is a ness colleagues, clients, and his own chil- resulting in the expansion of the football great loss to the community; however, his in- dren. stadium giving to it its new name Williams- valuable contributions to his friends and neigh- A passion for sailing, developed as a Sea Brice Stadium, and, finally, was pivotal, bors will be immortalized in renaming this Scout on Lake Murray, was reflected in Mr. along with Dean James Kane, and Jerry street in his honor. Clarkson’s service as a naval officer during Beasley, in inspiring the vision for formation World War II and the Korean conflict. He of the Master of International Business pro- f served aboard the high speed destroyer mine- gram at USC. IN RECOGNITION OF THE 110TH sweeper USS Stansbury (DMS 8) July 1941 to In addition, Mr. Clarkson was a member of BIRTHDAY OF MARY ANN KNIGHT July 1943, and then aboard the USS Howard the American Bar Association; the South (DMS 7) as executive officer and navigator. Carolina Bar; the American Institute of Tasked with keeping supply lanes open de- CPAs; South Carolina Association of CPAs HON. MIKE ROGERS spite threats from German U-boats, Mr. (Award for Distinguished Public Service); OF ALABAMA Clarkson’s convoy duty ranged the North At- the Federation of Tax Administrators (board lantic, the Caribbean and later the Pacific. of trustees); the Columbia Rotary Club IN THE HOUSE OF REPRESENTATIVES He also saw action during the landings at the (president, 1958–1959); the Columbia Chamber Saturday, September 28, 2013 Naval Battle at Casablanca, French Morocco of Commerce (director, 1959–1961); South Carolina Chamber of Commerce (board of di- Mr. ROGERS of Alabama. Mr. Speaker, I in November 1942. During the Howard’s Leyte Gulf operations in the Philippines, Mr. rectors) which awarded him the Sgt. William ask for the House’s attention today to honor Clarkson saw his first kamikazes. Jasper Freedom Award; the United States Mrs. Mary Ann Knight on her 110th birthday. After World War II ended, Mr. Clarkson re- Chamber of Commerce (Taxation Committee, Mrs. Knight was born October 3rd, 1903 in turned to Columbia and joined his father, 1963–1965); Columbia City Ballet (trustee); Camphill, Alabama to Mr. Robert Lee Trimble holder of CPA SC certificate #1, at A.C. Forest Lake Club; Quadrille Club; Cotillion

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Your clubs are carrying on the OF TEXAS Sarah Fairbanks Bull Clarkson, his wife of mission in 19 countries and territories world- IN THE HOUSE OF REPRESENTATIVES sixty-four years and by his six children: Jen- wide, as well. Soroptimist organizations are to Friday, September 27, 2013 nie Taber Clarkson Olbrych (husband John be congratulated for contributing to the better- and their children John Crawford, Ruslan, Mr. FLORES. Mr. Speaker, I rise today in Christiana, Oksana, Maxim, and Susan) of ment of the community and to the women and girls who benefited by your generosity through strong support of the Senate Amendment to Charleston, Sarah Bull Clarkson (husband H.R. 1412. John Herre and their children Margaret and educational grants. We know that in 2010– Caroline) of Norfolk, Va., Susan Cornish 2011 your organization distributed $1.5 million This bill extends many expiring authorities Clarkson Keller (husband Kent) of Charles- in educational grants to 1,221 women. As we for needed veteran programs, and I am glad ton, Margaret Crawford Clarkson (husband acknowledge your work in Bucks County we to see it on the floor today. Peter Roney and their daughter Margaret also extend our gratitude to the founders and I would like to specifically highlight two pro- Crawford) of Arlington, Va., Andrew current members who surely will continue this visions that passed out of the Subcommittee Crawford Clarkson III (wife Caroline) of Co- service into the future. on Economic Opportunity, which I have the lumbia, and Thomas Boston Clarkson of At- distinct honor of chairing. lanta, Georgia. He is also survived by nieces f Ann Crawford Dreher and Jane Dreher Emer- The first provision was originally proposed in son both of Columbia. The family deeply ap- NATIONAL DAY OF THE REPUBLIC Mr. Coffman’s bill, H.R. 1402, which would ex- preciates the caregivers from Solutions at OF CHINA tend the authority for VA to operate an adapt- Home of Still Hopes and most especially Ms. ive sport program under an agreement with Donna Turner, and all who cared for HON. JOHN R. CARTER the U.S. Paralympic Committee. Crawford with love and professionalism. Mr. Speaker, under this agreement the U.S. Friends are invited to call at the Clarkson OF TEXAS Paralympic Committee provides grants to family home, 4339 Chicora Street, Monday IN THE HOUSE OF REPRESENTATIVES evening between 5:00 and 7:00 p.m. community based programs helping disabled Funeral services will be held at 11:00 a.m. Saturday, September 28, 2013 veterans further their rehabilitation through Tuesday, October 1, Trinity Episcopal Cathe- Mr. CARTER. Mr. Speaker, I rise today in adaptive sports. dral in Columbia, 1100 Sumter Street, with support of the upcoming National Day of the This is an important program for our wound- burial in the churchyard. The family will re- Republic of China; an important day which led ed warriors. It not only helps with their reha- ceive friends in Satterlee Hall following the bilitation, but more importantly, many would burial. In lieu of flowers, donations may be to the establishment of the Republic of China made to the Trinity Foundation, 1100 Sumter in 1912. say it helps with their self-confidence and spir- Street, Columbia SC 29201, or Indian Waters Taiwan and the United States have been it. Council BSA, P.O. Box 144, Columbia SC good friends and strong trading partners for I am pleased to see that we are re-author- 29202. Honorary pallbearers will be members many years. Both countries share common izing the program, and remain hopeful we can of the St. Andrews Society of the City of Co- values and desires. Taiwan has proven to be work with our Senate colleagues to pass a lumbia. a valuable trading partner to the United States longer extension of this program in the near f and it is time to formalize the U.S.-Taiwan future. IN HONOR OF SOROPTIMIST trading relationship through a Bilateral Invest- The second provision is a one year exten- INTERNATIONAL OF BUCKS ment Agreement with Taiwan. sion of the Homeless Veteran Reintegration COUNTY As a trading leader in the Asia Pacific re- Program. This is a successful program that gion, I encourage my colleagues to support provides grant funding for job training to local HON. MICHAEL G. FITZPATRICK Taiwan in their efforts to join the Trans-Pacific veteran homeless providers. I was proud to be Partnership. Taiwan is a trusted trading part- an original co-sponsor of Mr. Cook’s original OF PENNSYLVANIA ner and an economic leader; their inclusion bill to reauthorize the program and I am IN THE HOUSE OF REPRESENTATIVES would bring credibility to the partnership and pleased to see it is included in the bill before Saturday, September 28, 2013 enhance their reputation. us today. Mr. FITZPATRICK. Mr. Speaker, Soroptimist In closing, I encourage United States and I thank Chairman MILLER and Ranking Mem- International of Bucks County is celebrating its Taiwanese leadership to continue their cultural ber MICHAUD for their efforts to move this bill 75th anniversary and we gratefully acknowl- exchange by diplomatic visits to further forward and I encourage all members to sup- edge this milestone, and the mission of this strengthen this important relationship. port the Senate amendment to H.R. 1412.

VerDate Mar 15 2010 03:46 Sep 29, 2013 Jkt 029060 PO 00000 Frm 00003 Fmt 0626 Sfmt 9920 E:\CR\FM\A28SE8.005 E28SEPT1 rfrederick on DSK6VPTVN1PROD with REMARKS Saturday, September 28, 2013 Daily Digest Senate Chamber Action Committee Meetings The Senate was not in session and stands ad- No committee meetings were held. journed until 2:00 p.m. on Monday, September 30, 2013. h House of Representatives and relating to consideration of the Senate Chamber Action amendment to the bill (H.R. 2642) to provide for Public Bills and Resolutions Introduced: 9 public the reform and continuation of agricultural and bills, H.R. 3210–3218, were introduced. Page H6011 other programs of the Department of Agri- Additional Cosponsors: Page H6012 culture through fiscal year 2018: The House agreed to H. Res. 361, to waive a requirement of Reports Filed: Reports were filed today as follows: clause 6(a) of rule XIII with respect to consideration H.R. 2122, to reform the process by which Fed- of certain resolutions reported from the Committee eral agencies analyze and formulate new regulations on Rules and relating to consideration of the Senate and guidance documents (H. Rept. 113–237) and amendment to the bill (H.R. 2642) to provide for H. Res. 366, providing for consideration of the the reform and continuation of agricultural and other Senate amendment to the joint resolution (H. J. Res. programs of the Department of Agriculture through 59) making continuing appropriations for fiscal year fiscal year 2018, by a yea-and-nay vote of 226 yeas 2014, and for other purposes, and providing for con- to 191 nays, Roll No. 493, after the previous ques- sideration of the bill (H.R. 3210) making con- tion was ordered without objection. Pages H5938–46 tinuing appropriations for military pay in the event of a Government shutdown (H. Rept. 113–238). Pursuant to section 2 of the rule, upon adoption of H. Res. 361, the House (1) takes from the Speak- Page H6011 er’s table H.R. 2642, to provide for the reform and Speaker: Read a letter from the Speaker wherein he continuation of agricultural and other programs of appointed Representative Stewart to act as Speaker the Department of Agriculture through fiscal year pro tempore for today. Page H5925 2018, and for other purposes, with the Senate Recess: The House recessed at 11:28 a.m. and re- amendment thereto; and (2) concurs in the Senate convened at 12 noon. Page H5935 amendment with an amendment substituting for the Mexico-United States Interparliamentary matter proposed to be inserted by the Senate amend- Group—Appointment: The Chair announced the ment the text of H.R. 2642, as passed by the House, Speaker’s appointment of the following Members on modified by the insertion of a new title IV con- the part of the House to the Mexico-United States sisting of the text of H.R. 3102, as passed by the Interparliamentary Group: Representatives Pastor, House, with designations, short titles, and cross-ref- Linda T. Sa´nchez (CA), Gene Green (TX), Polis, and erences conformed accordingly. Page H5938 Gallego. Page H5938 Suspensions: The House agreed to suspend the rules Waiving a requirement of clause 6(a) of rule and pass the following measures: XIII with respect to consideration of certain res- Amending the Federal Food, Drug, and Cos- olutions reported from the Committee on Rules metic Act with respect to human drug D921

VerDate Mar 15 2010 07:57 Sep 29, 2013 Jkt 029060 PO 00000 Frm 00001 Fmt 0627 Sfmt 0627 E:\CR\FM\D28SE3.REC D28SEPT1 rfrederick on DSK6VPTVN1PROD with DIGEST D922 CONGRESSIONAL RECORD — DAILY DIGEST September 28, 2013 compounding and drug supply chain security: H.R. Pay Our Military Act: The House passed H.R. 3204, to amend the Federal Food, Drug, and Cos- 3210, making continuing appropriations for military metic Act with respect to human drug compounding pay in the event of a Government shutdown, by a and drug supply chain security and Pages H5946–65 yea-and-nay vote of 423 yeas with none voting Department of State Operations and Embassy ‘‘nay’’, Roll No. 499. Pages H6002–08, H6009–10 Security Authorization Act, Fiscal Year 2014: H. Res. 366, the rule providing for consideration H.R. 2848, amended, to authorize appropriations for of the Senate amendment to the joint resolution (H. J. Res. 59) and providing for consideration of the the Department of State for fiscal year 2014, by a 2 bill (H.R. 3210) was agreed to by a yea-and-nay ⁄3 yea-and-nay vote of 384 yeas to 37 nays, Roll vote of 231 yeas to 191 nays, Roll No. 495, after No. 500. Pages H5965–75, H6010 the previous question was ordered by a yea-and-nay Recess: The House recessed at 3:15 p.m. and recon- vote of 229 yeas to 192 nays, Roll No. 494. vened at 7:44 p.m. Page H5975 Pages H5975–85 Suspension—Proceedings Resumed: The House Meeting Hour: Agreed that when the House ad- agreed to suspend the rules and pass the following journs today, it adjourn to meet at 10 a.m. on Mon- measure which was debated yesterday, September day, September 30th. Page H6010 27th: Quorum Calls—Votes: Eight yea-and-nay votes de- Edward J. Devitt United States Courthouse veloped during the proceedings of today and appear Designation Act: H.R. 2251, amended, to designate on pages H5945, H5983–84, H5984–85, H5985, the United States courthouse located at 118 South H6008, H6009, H6009–10, and H6010. There were Mill Street, in Fergus Falls, Minnesota, as the ‘‘Ed- no quorum calls. ward J. Devitt United States Courthouse’’, by a 2⁄3 Adjournment: The House met at 10 a.m. and ad- yea-and-nay vote of 416 yeas to 4 nays, Roll No. journed at 12:33 a.m. on Sunday, September 29th. 496. Page H5985 Agreed to amend the title so as to read: ‘‘To des- Committee Meeting ignate the United States courthouse and Federal building located at 118 South Mill Street, in Fergus CONSIDERATION OF THE SENATE Falls, Minnesota, as the ‘Edward J. Devitt United AMENDMENT TO CONTINUING States Courthouse and Federal Building’.’’. APPROPRIATIONS RESOLUTION, 2014; AND Page H5985 PAY OUR MILITARY ACT Continuing Appropriations Resolution, 2014: The Committee on Rules: Full Committee held a hearing on House concurred in the Senate amendment with consideration of the Senate amendment to H.J. Res. amendments, made in order by the rule and printed 59, Continuing Appropriations Resolution, 2014; and H.R. 3210, the ‘‘Pay Our Military Act’’. The in H. Rept. 113–238, to H. J. Res. 59, making con- Committee granted, by record vote of 8–4, a rule, tinuing appropriations for fiscal year 2014. Pursuant which provides for consideration of the Senate to the rule, the question of adoption of the motion amendment to H.J. Res. 59. The rule makes in to concur was divided between the two House order a motion offered by the chair of the Com- amendments. Pages H5985–H6002, H6008–09 mittee on Appropriations or his designee that the Agreed to House amendment No. 1 (printed in House concur in the Senate amendment to H.J. Res. H. Rept. 113–238) to the Senate amendment, by a 59 with each of the two amendments printed in the yea-and-nay vote of 248 yeas to 174 nays, Roll No. Rules Committee report. The rule provides one hour 497. Page H6008 of debate on the motion equally divided and con- Agreed to House amendment No. 2 (printed in trolled by the chair and ranking minority member H. Rept. 113–238) to the Senate amendment, by a of the Committee on Appropriations. The rule pro- yea-and-nay vote of 231 yeas to 192 nays, Roll No. vides that the Senate amendment and the motion 498. Pages H6008–09 shall be considered as read. The rule waives all H. Res. 366, the rule providing for consideration points of order against consideration of the motion. of the Senate amendment to the joint resolution (H. The rule provides that the question of adoption of J. Res. 59) and providing for consideration of the the motion shall be divided between the two House bill (H.R. 3210) was agreed to by a yea-and-nay amendments. In Section 2, the rule provides a closed vote of 231 yeas to 191 nays, Roll No. 495, after rule for H.R. 3210. The rule provides 40 minutes the previous question was ordered by a yea-and-nay of debate equally divided and controlled by the chair vote of 229 yeas to 192 nays, Roll No. 494. and ranking minority member of the Committee on Pages H5975–85 Appropriations. The rule waives all points of order

VerDate Mar 15 2010 07:57 Sep 29, 2013 Jkt 029060 PO 00000 Frm 00002 Fmt 0627 Sfmt 0627 E:\CR\FM\D28SE3.REC D28SEPT1 rfrederick on DSK6VPTVN1PROD with DIGEST September 28, 2013 CONGRESSIONAL RECORD — DAILY DIGEST D923 against consideration of the bill and provides that it vironmental Protection Agency (EPA) on its investigation shall be considered as read. The rule waives all of career employee John Beale, 4 p.m., SD–406. points of order against provisions in the bill. The Committee on Homeland Security and Governmental Affairs: rule provides one motion to recommit. Testimony business meeting to consider the nominations of Stevan was heard from Chairman Rogers (KY); and Rep- Eaton Bunnell, of the District of Columbia, to be General resentatives Lowey; DeLauro; Wasserman Schultz; Counsel, and Suzanne Eleanor Spaulding, of Virginia, to Jackson Lee; Gohmert; and Moran. be Under Secretary for National Protection and Programs, both of the Department of Homeland Security, and Carol Waller Pope, of the District of Columbia, Ernest W. Joint Meetings Dubester, of Virginia, and Patrick Pizzella, of Virginia, No joint committee meetings were held. all to be a Member of the Federal Labor Relations Au- f thority, Time to be announced, S–216, Capitol. COMMITTEE MEETINGS FOR MONDAY, House SEPTEMBER 30, 2013 No hearings are scheduled. (Committee meetings are open unless otherwise indicated) Senate Committee on Environment and Public Works: to receive a briefing by the Office of the Inspector General of the En-

VerDate Mar 15 2010 07:57 Sep 29, 2013 Jkt 029060 PO 00000 Frm 00003 Fmt 0627 Sfmt 0627 E:\CR\FM\D28SE3.REC D28SEPT1 rfrederick on DSK6VPTVN1PROD with DIGEST D924 CONGRESSIONAL RECORD — DAILY DIGEST September 28, 2013

Next Meeting of the SENATE Next Meeting of the HOUSE OF REPRESENTATIVES 2 p.m., Monday, September 30 10 a.m., Monday, September 30

Senate Chamber House Chamber Program for Monday: After the transaction of any Program for Monday: To be announced. morning business (not to extend beyond 5 p.m.), the Ma- jority Leader will be recognized.

Extensions of Remarks, as inserted in this issue

HOUSE Foster, Bill, Ill., E1395 Marino, Tom, Pa., E1389 Garcia, Joe, Fla., E1391 Miller, Candice S., Mich., E1395 Bonamici, Suzanne, Ore., E1392 Graves, Sam, Mo., E1391, E1392, E1393, E1393 Norton, Eleanor Holmes, D.C., E1391 Bustos, Cheri, Ill., E1389 Hanna, Richard L., N.Y., E1394 Pittenger, Robert, N.C., E1390 Cartwright, Matt, Pa., E1394 Johnson, Eddie Bernice, Tex., E1390 Poe, Ted, Tex., E1392 Chu, Judy, Calif., E1390 Kelly, Mike, Pa., E1395 Conyers, John, Jr., Mich., E1393 Kilmer, Derek, Wash., E1389 Roby, Martha, Ala., E1389 Cook, Paul, Calif., E1395 Langevin, James R., R.I., E1394 Thornberry, Mac, Tex., E1393 Davis, Susan A., Calif., E1393, E1395 Latham, Tom, Iowa, E1389, E1390 Van Hollen, Chris, Md., E1393 Edwards, Donna F., Md., E1392 McGovern, James P., Mass., E1391 Wolf, Frank R., Va., E1390, E1395

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