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

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

Vol. 157 WASHINGTON, THURSDAY, JUNE 23, 2011 No. 91 House of Representatives The House met at 10 a.m. and was even with nations like Iran working REPUBLICAN WOMEN IN called to order by the Speaker pro tem- with the United States in that critical CONGRESS pore (Mr. FITZPATRICK). 2001–2002 post-9/11 era. The SPEAKER pro tempore. The f It was a tragic mistake not to finish Chair recognizes the gentlewoman from the job and withdraw with global sup- DESIGNATION OF SPEAKER PRO Tennessee (Mrs. BLACKBURN) for 5 min- port. Instead, the Bush administration, TEMPORE utes. sadly, with support from too many in Mrs. BLACKBURN. Mr. Speaker, ear- The SPEAKER pro tempore laid be- Congress, started a reckless, flawed lier this week my Republican female fore the House the following commu- and ultimately tragic war in Iraq. colleagues spent an hour on the floor of nication from the Speaker: President Obama reasonably says this great Chamber talking about why WASHINGTON, DC, that we won’t try to make Afghanistan they have chosen to come to Congress, June 23, 2011. a perfect place. We won’t because we talking about why they have chosen to I hereby appoint the Honorable MIKE leave the private sector and come to FITZPATRICK to act as Speaker pro tempore can’t. America has already invested on this day. enough, direct costs of over 1,500 Amer- the public sector, and talked about JOHN A. BOEHNER, ican lives, approaching one-half tril- why it is so important, so vitally im- Speaker of the House of Representatives. lion dollars. Indirect and long-term portant that they chose to come as Re- f will be much greater. Bear in mind, we publican women. have invested $2 trillion in the war I think that as you listened to that MORNING-HOUR DEBATE against terror, and the long-term costs debate, their stories were inspiring. The SPEAKER pro tempore. Pursu- are going to be between $4 trillion and You realized the diversity of the back- ant to the order of the House of Janu- $6 trillion. ground of the Republican women that ary 5, 2011, the Chair will now recog- In Afghanistan, ultimately there will have come to this Chamber, the rich- nize Members from lists submitted by be a negotiated settlement with the ness of the experiences, the life experi- the majority and minority leaders for least, worst guys, the Taliban and war- ences that they have brought with morning-hour debate. lords, assorted tribal strongmen. It’s them. You also realized how solidly The Chair will alternate recognition already started. and firmly committed they are to between the parties, with each party strengthening and preserving this We cannot afford to continue this ef- limited to 1 hour and each Member great Nation. fort, not when crying needs are here in other than the majority and minority I think it’s fair to say that our Re- America to rebuild and renew our leaders and the minority whip limited publican philosophy of government country. to 5 minutes each, but in no event shall centers on faith, family, freedom, hope, debate continue beyond 11:50 a.m. Last week, the American mayors got opportunity, and preserving those te- it right when they called this question f nets that really underpin this Nation. and called for renewed investment here I can say that, as a wife, a mother, a TROOP WITHDRAWAL FROM at home. The tragedy is that it’s not grandmother, a small business owner, AFGHANISTAN ultimately going to make that much I’ve had the blessing of learning first- The SPEAKER pro tempore. The difference the longer we’re there and hand how very important it is that we Chair recognizes the gentleman from the more we fight. Whether it’s going take our conservative philosophy of Oregon (Mr. BLUMENAUER) for 5 min- to be 1 year, 2 years, 10 years, far in the life and government into the public utes. future, it’s not going to look that sector of our Nation. Daily we work to Mr. BLUMENAUER. Mr. Speaker, much different in terms of the ultimate preserve opportunities for all of our it’s time, after a decade, to wind down outcome in Afghanistan. children and our grandchildren. this American-Afghanistan adventure. America needs to be engaged in this We work to make certain that each With his speech last night, President dangerous region. It needs to help Af- and every child in our presence knows Obama started a process America needs ghanistan. It needs to help the Paki- the value of, and realizes there is an to accelerate, removing 100,000 combat stani people. It needs to be involved, opportunity for them to achieve the troops from Afghanistan. both diplomatically and with develop- American Dream; that it is a good I supported the initial move 10 years ment assistance. No longer do we need thing, a healthy thing for them to ago against the Taliban in Afghani- to have combat troops being a part of dream big dreams and to work very stan. It began on a very hopeful note, that mission. hard to make those dreams come true.

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 00:18 Jun 24, 2011 Jkt 099060 PO 00000 Frm 00001 Fmt 7634 Sfmt 0634 E:\CR\FM\A23JN7.000 H23JNPT1 rfrederick on DSKD9S0YB1PROD with HOUSE H4464 CONGRESSIONAL RECORD — HOUSE June 23, 2011 We know, and we teach our children moral issue. Trillions of dollars are MESSAGES FROM THE PRESIDENT in our families and our extended fami- spent on undeclared wars, but who’s Messages in writing from the Presi- lies, in our classrooms, that if you paying for it? The poorest among us, dent of the United States were commu- work hard, you exercise discipline, you the lesser among us—in health care, in nicated to the House by Mr. Pate, one show integrity, and you put others education, in homelessness, in jobless- of his secretaries. first, that inevitably, you’re going to ness. And now the wealthiest of Ameri- prevail and enjoy seeing your dreams cans have the lowest tax rates since f come true in the marketplace of prod- 1950. And really, it just bothers people THE FAIR TAX ucts and ideas. when you say they, too, should make We all know, and we work hard so some sacrifices, not just for the war The SPEAKER pro tempore. The that our children don’t have to work that I don’t support, but for the secu- Chair recognizes the gentleman from harder. We work hard so that we’re giv- rity, the economic security of this Na- Georgia (Mr. WOODALL) for 5 minutes. ing more opportunities to the next gen- tion, where the debt ceiling is going to Mr. WOODALL. Mr. Speaker, I am eration. be an issue, and yet those that are pay- pleased to rise today after the former That is why you’re going to see our ing for the cuts have nothing to do chairman of the Ways and Means Com- Republican Conference women con- with the crisis that we’re in. mittee. I want to talk about taxes tinue to lead the fight on preserving So I conclude, I’ll be back in support today, but I want to associate myself jobs, rebuilding jobs, rebuilding this of H.R. 1152. And I will ask you to con- with the previous speaker’s comments economy, making certain that the 21st sider that as we wind down from our in- about how we make different decisions century economy is jobs-rich for our volvement in the Middle East, think when we have skin in the game because children and our grandchildren. about giving some relief to our volun- that is absolutely something that we That is why we have taken the lead teers. Think about asking young Amer- are losing in this country. We are los- on the issue of health care. Women are icans to make some type of commit- ing what used to be that common value the drivers when it comes to health ment. Think about having an America that we rise and we fall together. care decisions, and we are committed that says, yes, I support the involve- I see my colleague from the Rules to making certain that we reverse this ment and am prepared to make sac- Committee, Mr. MCGOVERN, sitting in course that we are on with ObamaCare, rifices, which includes my family, my the Chamber today. And he tells the that we push to repeal that law, and community, and our great Nation. committee on a regular basis that we that we make certain we preserve ac- We should not just have professional need to pay for those things that we do. cess to affordable health care for ev- volunteers; it is not American, it is not We’re involved in wars, and we need to eryone in this Nation. moral. When our country is involved, pay. We need to have a populace that We are committed to strengthening everyone should be prepared either to believes in what we’re doing in such a our Nation, our economy, jobs, stand up and be counted or don’t sup- way that they are willing to sacrifice strengthening our people, and making port this type of involvement. It is not not just their time but their treasure certain that we secure freedom for fu- just costly financially, but how Amer- to support those measures. When we ture generations. ica looks throughout the world, espe- don’t have folks who have skin in the f cially among our young people—most game, we make different decisions. REINSTATING THE DRAFT of whom do not know any period of When a minority of the folks get the time that we haven’t been involved in benefit or a minority of the folks are The SPEAKER pro tempore. The bearing the burden, we make different Chair recognizes the gentleman from a war. So if we’re not prepared to be honest decisions. New York (Mr. RANGEL) for 5 minutes. Now the former chairman of the Mr. RANGEL. My colleagues, once enough to call a war a war, if we’re not Ways and Means Committee is abso- again I come before this House to ask prepared to have the Congress put lutely right; we have the lowest tax you to reconsider establishing the every President, Republican or Demo- rates among the highest earning indi- draft. I know some of you think politi- crat, on the line for constitutional rea- viduals that we’ve had in this country cally this doesn’t make sense. But sons, for God’s sake, let’s find some since 1950. Now what the gentleman did after listening to the President last fairness as we ask people to put their not mention is that we also have the night, the only people that I saw that lives on the line for our great Nation. lowest tax rates that we’ve had in this were making sacrifices in these wars And it’s not just their lives, it’s not country for the lowest income individ- that have been undeclared have been just how they come back home, but the uals that we’ve ever had. We have our troops. They have volunteered. mental disturbance and problems that fewer Americans paying income tax They come from communities that we are bringing to our great country is today than at any time since the 1950s, most of them are not wealthy. But going to be not just trillions of dollars since the expansion of the income tax when they get there, they defend the but adversely affect our ability to deal that happened during World War II, flag. with education and training and tech- and I hear that. We have the wealthiest Every war, every time our Nation is nology and research while we try so paying the least that they have ever threatened, all of the American people desperately hard to bring these people paid as a percent, as a marginal rate. should be prepared to make some sac- to some type of normality for the sac- They’re actually paying more than rifice. Those of us in Congress, when we rifices they’ve made to our country. they’ve ever paid as a percentage of all authorize troops to go overseas, should So H.R. 1152 only says, if we have to the Federal receipts in this country. not say that we have volunteers willing be involved, don’t have just a small We have the lowest income individuals to do it. We should say that we have segment of our great Nation pay the paying the least they’ve ever paid as a Americans; they come from our fami- ultimate sacrifice while others make percentage of the income that comes lies, our communities, our States, and no sacrifice at all. Please consider a into this country. And I say to you, Mr. their wealth should not even be an bill that mandates that everybody Speaker, that much like we make bad issue. Everyone should be up at bat. from 18 to 25, 26 do some type of mandatory service for our great country, decisions about foreign policy when we b 1010 and we will only select those people don’t all have skin in the game, we Now that the President has dramati- that we need for the military. And if make bad decisions about economic cally reduced the need for all of these indeed it is a transition that we sup- policy when we don’t have skin in the volunteers, why don’t we mandate that port, it means that they can support game. every American make some sacrifice. our country, our national security, Now when we talk about Iraq and Af- Let them be trained during this transi- support our Armed Forces, and not ghanistan, I’ll tell you, Mr. Speaker, tion as we withdraw our troops. Let really—hopefully—be in harm’s way. those are complicated solutions. It is them be able to do something to make Please consider it, and please rest as- not obvious to me how we move from certain that America remains strong. sured I will return with this plea from today to peace. I don’t know how we This is too serious an issue. It’s not a time to time. I thank this House for get that done. We have externalities at Democrat or Republican issue; it’s a the opportunity. play there that we don’t have control

VerDate Mar 15 2010 00:18 Jun 24, 2011 Jkt 099060 PO 00000 Frm 00002 Fmt 7634 Sfmt 0634 E:\CR\FM\K23JN7.003 H23JNPT1 rfrederick on DSKD9S0YB1PROD with HOUSE June 23, 2011 CONGRESSIONAL RECORD — HOUSE H4465 over, but not so with our Tax Code. sumer, because every single tax we national credit card. Our kids and our Folks, when you look at the American have rolls downhill. grandkids will pay the price. Each day economy, there is nothing that is going Do you want to charge that corpora- we remain in Afghanistan increases on with the American economy that we tion tax? Do you want to charge Wal- that burden. did not do to ourselves. Think about Mart an excise tax? What do you think We currently are having debates that. Mr. Speaker, do you have any is going to happen at Wal-Mart? Prices about how to reduce our deficit and constituents back home who have lost are going to go up. Do you want to debts. There are some who have advo- their jobs to corporations that have charge Coke a sugar tax? What do you cated deep cuts in programs that help moved overseas? I do. And yet we con- think is going to happen to the price of the poor, in Pell Grants, and in infra- tinue to have the highest corporate tax your Coke? The price of Coke is going structure. For those who support the rate in the world in America. Now who to go up. There is one taxpayer in this status quo in Afghanistan, let me ask, decides that? We do. We decide that’s country, the American consumer. where is the sense in borrowing money the kind of country we want to live in, That is a radical idea, I won’t kid to build a bridge or a school in Afghan- and we can change it. Folks, there is you. And by radical I mean it is the istan that later gets blown up, while nothing wrong with America that we same one Thomas Jefferson had. By telling our cities and towns that we collectively can’t fix. radical I mean it is the same one Alex- have no money to help them with their Now I’ve introduced a bill that I be- ander Hamilton had. By radical I mean needs? It is nuts. Some of our biggest lieve is going to make a dramatic im- we haven’t done it in the last 100 years. problems, Mr. Speaker, are not halfway pact in that direction. It’s called the But we can do it today, Mr. Speaker, around the world. They are halfway Fair Tax. It’s H.R. 25 in the House, it’s with H.R. 25 and S. 13. down the block. S. 13 in the Senate. And Mr. Speaker, f Americans are willing to do whatever as you know, it is the most broadly co- is necessary to ensure our national se- CHANGE COURSE NOW IN sponsored piece of tax reform legisla- curity, but let me remind my col- AFGHANISTAN tion in either body. In fact, it is the leagues that national security includes most widely cosponsored piece of legis- The SPEAKER pro tempore. The economic security. It means jobs. It lation on tax reform in both bodies. Chair recognizes the gentleman from means rather than nation-building in a And what the Fair Tax does is this— Massachusetts (Mr. MCGOVERN) for 5 far-off land, we need to do some more it’s no magic solution, Mr. Speaker; it minutes. nation-building right here at home. doesn’t have some sort of clever math Mr. MCGOVERN. Mr. Speaker, last Contrary to the tired and ugly rhet- that’s going to make everything okay. night the President outlined his strat- oric employed by Senator MCCAIN yes- It simply goes into the American Tax egy for Afghanistan, which included a terday towards thoughtful critics of Code and erases it. It says, if you could drawdown of 10,000 troops by the end of our current strategy in Afghanistan start with a blank sheet of paper, what this year and an additional 23,000 by and its consequences, I am not an iso- would you do? the end of next year. I believe this is lationist. As my colleagues know, I And Mr. Speaker, we can. We can insufficient and I fear that it means firmly support human rights and the start with a blank sheet of paper. We more of the same for the next 18 U.S. being engaged around the world. can choose our own destiny. We can months. The same strategy means the Those who advocate a political solu- make sure that we’re making the best same costs, and I am sad to say even tion in Afghanistan are not isolation- decisions for jobs and the economy in more casualties, more American sol- ists. this country. The Fair Tax does this. It diers losing their lives in support of an I don’t believe we should walk away will eliminate the income tax code, Afghan government that is terribly from the Afghan people, but tens of that income tax code that punishes corrupt and incompetent. thousands of U.S. boots on the ground people for what they earn, and it We have been doing this for 10 years. in Afghanistan does little in my view changes that Tax Code with a Tax Code It is the longest war in our history, Mr. to advance the cause of peace, protect that collects taxes based on what peo- Speaker. Enough. Our focus should be the rights of women and ethnic minori- ple spend. on encouraging a negotiated settle- ties or strengthen civil society. If you I’ll tell you, Mr. Speaker, it pains me ment, a political solution, and bringing want to protect Afghan women, we every time I open up The Wall Street our troops home where they belong. must end the violence. You end the vio- Journal and it bemoans the fact that Our troops are incredible men and lence by ending the war. You end the American consumerism is in decline. women. I am in awe of their dedication war through a political solution. Why can’t we celebrate American sav- and their commitment. They don’t be- I have great respect for President ings? Why do we have to celebrate long in the middle of mountains and Obama. I believe he has the potential American consumption? The reason is deserts fighting a cruel war. to be a great President. I also realize, because we have been building an econ- According to the Pentagon’s own fig- as Lyndon Johnson once said, ‘‘It’s omy based on an income tax code that ures, U.S. and coalition casualties in easy to get into war—hard as hell to is based on debt and refinancing and Afghanistan are steadily rising. Last get out of one.’’ It is not easy to end debt and refinancing, but we can month was a record high for the num- this war. It won’t be neat or pretty, but change that today, Mr. Speaker. We ber of coalition forces killed. March I believe with all my heart it is in our have 1 billion new consumers coming and April were also the worst respec- national security interest to focus on online in China, 1 billion new con- tive months of the war in terms of cas- al Qaeda and not waste our precious sumers coming online in India, and ualties for U.S. forces, coalition forces, blood and treasure in a conflict that they want what we produce. and Afghan civilians. can only be ended through a political The Fair Tax erases the income tax A poll last month by the Inter- solution. code that forces American productivity national Council on Security and De- Rather than crafting a compromise overseas, forces American jobs over- velopment found that Afghans are and trying to chart a middle course, I seas, and it returns us to our roots as overwhelmingly opposed to the current believe we need to change course. I a country, our roots as a country that U.S. strategy, with nearly eight in 10 urge the President of the United States reward productivity, that encourage believing that U.S. and coalition oper- to rethink our Afghan policy, rethink folks to stay. ations are ‘‘bad for their country.’’ it in a way that brings our troops home These are serious matters, serious con- sooner rather than later. b 1020 sequences of the strategy the U.S. will [From the Washington Post, June 9, 2011] There is only one taxpayer in this pursue at least through next year. A PLAN FOR AFGHANISTAN: DECLARE country. I know we have a corporate We need a change in direction now, VICTORY—AND LEAVE income tax. I know we have taxes on Mr. Speaker, not 18 months from now. (By Eugene Robinson) goods and services and excise taxes, We are borrowing nearly $10 billion a Slender threads of hope are nice but do not and on and on and on. But there is only month to pay for military operations constitute a plan. Nor do they justify con- one taxpayer in the American econ- in Afghanistan. Borrowing. We are not tinuing to pour American lives and resources omy, and that is the American con- paying for it. We are putting it on our into the bottomless pit of Afghanistan.

VerDate Mar 15 2010 00:18 Jun 24, 2011 Jkt 099060 PO 00000 Frm 00003 Fmt 7634 Sfmt 0634 E:\CR\FM\K23JN7.005 H23JNPT1 rfrederick on DSKD9S0YB1PROD with HOUSE H4466 CONGRESSIONAL RECORD — HOUSE June 23, 2011 Ryan Crocker, the veteran diplomat nomi- ernment that answers to its constituents at militate against American ‘‘success,’’ what- nated by President Obama to be the next the polls, and we did. We wanted to smash al- ever that might mean. Creation of an effec- U.S. ambassador in Kabul, gave a realistic Qaeda’s infrastructure of training camps and tive central government? Afghanistan has assessment of the war in testimony Wednes- havens, and we did. We wanted to kill or cap- never had one. U.S. Ambassador Karl day before the Senate Foreign Relations ture Osama bin Laden, and we did. Eikenberry hopes for a ‘‘renewal of trust’’ of Committee. Here I’m using ‘‘realistic’’ as a Even so, say the hawks, we have to stay in the Afghan people in the government, but synonym for ‘‘bleak.’’ Afghanistan because of the dangerous insta- the Economist describes President Hamid Making progress is hard, Crocker said, but bility across the border in nuclear-armed Karzai’s government—his vice presidential ‘‘not impossible.’’ Pakistan. But does anyone believe the war in running mate is a drug trafficker—as so Not impossible. Afghanistan has made Pakistan more stable? ‘‘inept, corrupt and predatory’’ that people What on earth are we doing? We have more Perhaps it is useful to have a U.S. military sometimes yearn for restoration of the war- than 100,000 troops in Afghanistan risking presence in the region. This could be accom- lords, ‘‘who were less venal and less brutal life and limb, at a cost of $10 billion a month, plished, however, with a lot fewer than than Mr. Karzai’s lot.’’ to pursue ill-defined goals whose achieve- 100,000 troops—and they wouldn’t be scat- Mullen speaks of combating Afghanistan’s ment can be imagined, but just barely? tered across the Afghan countryside, en- ‘‘culture of poverty.’’ But that took decades The hawks tell us that now, more than gaged in a dubious attempt at nation-build- in just a few square miles of the South ever, we must stay the course—that finally, ing. Bronx. Gen. Stanley McChrystal, the U.S. after Obama nearly tripled U.S. troop levels, The threat from Afghanistan is gone. Bring commander in Afghanistan, thinks jobs pro- we are winning. I want to be fair to this ar- the troops home. grams and local government services might gument, so let me quote Crocker’s expla- entice many ‘‘accidental guerrillas’’ to leave nation at length: [From the Washington Post] the Taliban. But before launching New Deal ‘‘What we’ve seen with the additional TIME TO GET OUT OF AFGHANISTAN 2.0 in Afghanistan, the Obama administra- forces and the effort to carry the fight into (By George F. Will) tion should ask itself: If U.S. forces are there enemy strongholds is, I think, tangible to prevent reestablishment of al-Qaeda ‘‘Yesterday,’’ reads the e-mail from Allen, progress in security on the ground in the bases—evidently there are none now—must a Marine in Afghanistan, ‘‘I gave blood be- south and the west. This has to transition— there be nation-building invasions of Soma- cause a Marine, while out on patrol, stepped and again, we’re seeing a transition of seven lia, Yemen and other sovereignty vacuums? provinces and districts to Afghan control—to on a [mine’s] pressure plate and lost both U.S. forces are being increased by 21,000, to sustainable Afghan control. So I think you legs.’’ Then ‘‘another Marine with a bullet 68,000, bringing the coalition total to 110,000. can already see what we’re trying to do—in wound to the head was brought in. Both Ma- About 9,000 are from Britain, where support province by province, district by district, es- rines died this morning.’’ for the war is waning. Counterinsurgency tablish the conditions where the Afghan gov- ‘‘I’m sorry about the drama,’’ writes Allen, theory concerning the time and the ratio of ernment can take over and hold ground.’’ an enthusiastic infantryman willing to die forces required to protect the population in- Sen. Jim Webb (D–Va.), a Vietnam veteran ‘‘so that each of you may grow old.’’ He says: dicates that, nationwide, Afghanistan would and former secretary of the Navy, pointed ‘‘I put everything in God’s hands.’’ And: need hundreds of thousands of coalition out the obvious flaw in this province-by- ‘‘Semper Fi!’’ troops, perhaps for a decade or more. That is province strategy. ‘‘International ter- Allen and others of America’s finest are inconceivable. rorism—and guerrilla warfare in general—is also in Washington’s hands. This city should So, instead, forces should be substantially intrinsically mobile,’’ he said. ‘‘So securing keep faith with them by rapidly reversing reduced to serve a comprehensively revised one particular area . . . doesn’t necessarily the trajectory of America’s involvement in policy: America should do only what can be guarantee that you have reduced the capa- Afghanistan, where, says the Dutch com- done from offshore, using intelligence, bility of those kinds of forces. They are mo- mander of coalition forces in a southern drones, cruise missiles, airstrikes and small, bile; they move.’’ province, walking through the region is potent Special Forces units, concentrating It would require far more than 100,000 U.S. ‘‘like walking through the Old Testament.’’ on the porous 1,500-mile border with Paki- troops to securely occupy the entire country. U.S. strategy—protecting the population— stan, a nation that actually matters. As Webb pointed out, this means we can end is increasingly troop-intensive while Ameri- Genius, said de Gaulle, recalling Bis- up ‘‘playing whack-a-mole’’ as the enemy cans are increasingly impatient about ‘‘dete- marck’s decision to halt German forces short pops back up in areas that have already been riorating’’ (says Adm. Mike Mullen, chair- of Paris in 1870, sometimes consists of know- pacified. man of the Joint Chiefs of Staff) conditions. ing when to stop. Genius is not required to If our intention, as Crocker said, is to The war already is nearly 50 percent longer recognize that in Afghanistan, when means leave behind ‘‘governance that is good than the combined U.S. involvements in two now, before more American valor, such as enough to ensure that the country doesn’t world wars, and NATO assistance is reluc- Allen’s, is squandered. degenerate back into a safe haven for al- tant and often risible. f Qaeda,’’ then there are two possibilities: Ei- The U.S. strategy is ‘‘clear, hold and ther we’ll never cross the goal line, or we al- build.’’ Clear? Taliban forces can evaporate AMERICAN ANGELS ABROAD and then return, confident that U.S. forces ready have. The SPEAKER pro tempore. The According to NATO’s timetable, Afghan will forever be too few to hold gains. Hence forces are supposed to be in charge of the nation-building would be impossible even if Chair recognizes the gentleman from whole country by the end of 2014. Will the we knew how, and even if Afghanistan were Texas (Mr. POE) for 5 minutes. deeply corrupt, frustratingly erratic Afghan not the second-worst place to try: The Mr. POE of Texas. Mr. Speaker, we government be ‘‘good enough’’ three years Brookings Institution ranks Somalia as the have a group of people in the United from now? Will Afghan society have banished only nation with a weaker state. States who are all volunteers that I the poverty, illiteracy and distrust of central Military historian Max Hastings says call the American Angels Abroad. They authority that inevitably sap legitimacy Kabul controls only about a third of the are those thousands of Peace Corps vol- from any regime in Kabul? Will the Afghan country—‘‘control’’ is an elastic concept— unteers throughout the world that are and ‘‘ ‘our’ Afghans may prove no more via- military, whatever its capabilities, blindly helping Third World countries in many pursue U.S. objectives? Or will the country’s ble than were ‘our’ Vietnamese, the Saigon civilian and military leaders determine their regime.’’ Just 4,000 Marines are contesting different ways. They go to remote self-interest and act accordingly? control of Helmand province, which is the areas of the world, far from home, far Democrats on the Senate Foreign Rela- size of West Virginia. The New York Times from their families. They work in very tions Committee issued a report this week reports a Helmand official saying he has only primitive conditions. Yet there are warning that the nearly $19 billion in foreign ‘‘police officers who steal and a small group those angels that are trying to help aid given to Afghanistan during the past dec- of Afghan soldiers who say they are here for other people throughout the world, and ade may, in the end, have little impact. ‘‘The ‘vacation.’ ’’ Afghanistan’s $23 billion gross they are called the Peace Corps volun- unintended consequences of pumping large domestic product is the size of Boise’s. Coun- amounts of money into a war zone cannot be terinsurgency doctrine teaches, not very teers. underestimated,’’ the report states. helpfully, that development depends on secu- The Peace Corps started as an idea of The fact is that in 2014 there will be no rity, and that security depends on develop- President Kennedy back in 1960 when guarantees. Perhaps we will believe it increment. Three-quarters of Afghanistan’s poppy he spoke to the University of Michigan mentally less likely that the Taliban could production for opium comes from Helmand. and encouraged those students to vol- regain power and invite al-Qaeda back. But In what should be called Operation Sisyphus, unteer to help America abroad. Fi- that small increment of security does not U.S. officials are urging farmers to grow nally, in 1961 he started the Peace justify the blood and treasure that we will other crops. Endive, perhaps? Corps. Since then, over 200,000 Ameri- expend between now and then. Even though violence exploded across Iraq I take a different view. We should declare after, and partly because of, three elections, cans, mainly young people, mainly fe- victory and leave. Afghanistan’s recent elections were called males, have volunteered to go around We wanted to depose the Taliban regime, ‘‘crucial.’’ To what? They came, they went, the world representing the United and we did. We wanted to install a new gov- they altered no fundamentals, all of which States.

VerDate Mar 15 2010 04:57 Jun 24, 2011 Jkt 099060 PO 00000 Frm 00004 Fmt 7634 Sfmt 0634 E:\CR\FM\A23JN7.005 H23JNPT1 rfrederick on DSKD9S0YB1PROD with HOUSE June 23, 2011 CONGRESSIONAL RECORD — HOUSE H4467 It is very hard work being a Peace us somewhere in the world, when a have endured great sacrifice. But after Corps volunteer. They deal with issues crime is committed against them, we nearly a decade of war, they’re weary that most Americans never deal with. need to take their side. We need to be of losing their bravest men and women Just simple basic necessities such as of supportive of those individuals. And we and their hard-earned tax dollars to a electricity and water and matters such don’t assume they did anything wrong, policy that simply has not achieved its as that, they do without, or they are because they did not do anything goals. difficult to find in the remote areas wrong when they became a victim of We are not more secure. The Afghani- where they are because they are help- crime. They were just victims of crime, stan leadership wants us out and their ing other people that don’t have those and the person that should be held ac- people do not appreciate our sacrifice. things we have in the United States. countable is the criminal, and not to This is not a partisan issue. When Generally, they work alone when they blame the victim. asked, the majority of Americans want are in foreign countries. Mr. Speaker, rape is never the fault our troops to come home. And not sev- But all is not well with the Peace of the victim. It is always the fault of eral years into the future. No, they Corps, Mr. Speaker, because during the the perpetrator. want our troops to come home now. time since President Kennedy started But Jess got no satisfaction from the Abandoning this military policy does the Peace Corps and those wonderful Peace Corps. No one did anything. not mean that we will abandon the peo- people go overseas, many times those When she got home, she was told to tell ple of Afghanistan. A smart security volunteers, those young Americans, be- other people that she was coming back plan would provide for development come victims of crime in these foreign to the United States for medical rea- and reconciliation. It would bring the countries; and when they become vic- sons, to have her wisdom teeth pulled, international community together and tims of crime, in some cases our own not for the sexual assault that was help the Afghan people move towards a country abandons them. committed against her. sustainable future through economic Between 2000 and 2009, the Peace and domestic support, among other b 1030 Corps itself says there were over 221 means. rapes and attempted rapes, almost 150 This was Jess’s case. A few others Mr. Speaker, more than 1,600 lives major sexual attacks and 700 other sex- were brought to light recently by ABC have been lost. Where will it end? When ual assaults. That is 1,000 crimes News and 20/20. And now, more and will our sons and daughters, mothers against American Peace Corps volun- more of these Peace Corps volunteers and fathers, friends and people we teers. Recently, the Peace Corps has over the years are coming forward and know in the community come home announced that there is an average of telling us about their stories. Mainly, from Afghanistan? How many empty 22 rapes a year against American Peace they are women. We recently had a chairs are there at the dinner table to- Corps volunteers somewhere in another hearing in Foreign Affairs about this night? When will the heartbreak end? country. situation. Their stories were heart- Let’s talk about the economic cost. This is not acceptable, Mr. Speaker. wrenching. So now it’s time to pass My colleagues on the other side of the We are talking about real people. They legislation to protect these women and aisle like to talk about dollars and are real stories and they are real vic- to give them basic victim services, and cents, about how this and other actions tims. that is what we will be doing in the we take are costing us too much I would like to mention just one of next few days, along with the Senate. money. Well, while we stand here, those persons that I know personally. I Mr. Speaker, people cry, Peace, money is flying out of our Treasury to have got to know Jess Smochek since peace, but there can be no peace for support this war. Try $10 billion a this crime against her has occurred. American angels abroad until they are month. Imagine what we could do with She joined the Peace Corps in 2004. On treated with the dignity that they de- $10 billion a month. Just last week, her first day as a Peace Corps volun- serve and the support of the United this House voted to take food from the teer in Bangladesh, a group of men States. We need to help the Peace mouths of pregnant women and their started sexually groping her as she was Corps readjust itself to become a better children. We’re supposed to pinch pen- walking to the house that she was to institution. nies on important investments like our live in. But no one in the Peace Corps And that’s just the way it is. children and other American projects did anything about this assault. She f while we waste huge sums on a failed told the Peace Corps staff over and A MISSED OPPORTUNITY FOR war. This boggles the mind and it over again that she felt unsafe in Ban- AFGHANISTAN shortchanges the needs we have right gladesh and the situation she was in, here at home. but the Peace Corps didn’t do any- The SPEAKER pro tempore. The It is long past time, Mr. Speaker, thing. Chair recognizes the gentlewoman from that we put an end to this madness. It Months later, she came in contact California (Ms. WOOLSEY) for 5 min- is time to bring our troops home—all of with the same men, who then kid- utes. our troops—safely home. Ms. WOOLSEY. Mr. Speaker, like napped her. They beat her. They sexu- f ally assaulted her. But they weren’t many Americans, I was profoundly dis- through. They abandoned her and appointed in President Obama’s an- VICTORY IN AFGHANISTAN threw her in an alley somewhere in nouncement last night. I had hoped The SPEAKER pro tempore. The Bangladesh. And no one did anything. that he would offer an Afghanistan Chair recognizes the gentleman from According to Jess, the Peace Corps troop drawdown that was significant, Illinois (Mr. KINZINGER) for 5 minutes. did everything they could to cover this swift, and sizable. Sadly, the proposal Mr. KINZINGER of Illinois. There’s up because they seemed to be more failed on all three counts. Now is the something that I’ll personally never worried about America’s relationship time for bold action and decision-mak- forget. That occurred in April, 2007. I’ll with Bangladesh than they were about ing to bring our Nation’s Afghanistan get to why that is something I’ll never this American volunteer that was as- policy in line with what the American forget in a second. That’s when the ma- saulted, a victim of crime. Jess says people want, while recognizing the deep jority leader, Senator HARRY REID, said that the Peace Corps not only didn’t do and grave toll this war has taken on of Iraq, ‘‘I believe myself that the Sec- anything, they blamed her for the con- our global credibility and our national retary of State, Secretary of Defense duct of others. They blamed her for security. Instead, the administration’s and—you have to make your own deci- being a sexual assault victim. choice was to largely stay the course. sions as to what the President knows— Mr. Speaker, a rape victim is never Instead, President Obama chose to per- know this war is lost and that the to be blamed for the crime that is com- petuate a war that is not only bank- surge is not accomplishing anything, mitted against her. It is the fault of rupting us morally but fiscally as well. as indicated by the extreme violence in the criminal offender, whether it oc- The loss of blood and treasure cannot Iraq.’’ curs in the United States or abroad. We be underestimated. As in 2007, Senate Majority Leader need to understand that these precious The American people have been enor- REID was in a rush to the exits in Iraq people who go overseas and represent mously patient, Mr. Speaker. They and a rush to declare the war had been

VerDate Mar 15 2010 00:18 Jun 24, 2011 Jkt 099060 PO 00000 Frm 00005 Fmt 7634 Sfmt 0634 E:\CR\FM\K23JN7.045 H23JNPT1 rfrederick on DSKD9S0YB1PROD with HOUSE H4468 CONGRESSIONAL RECORD — HOUSE June 23, 2011 lost. Why was that important to me? we begin to see victory. Or, we can just her pain. During those 3 decades, they Because I was in Afghanistan at that give up. have tried all sorts of powerful ap- time—or a nation by Afghanistan—get- I can tell you that as a military proved and legal narcotics—to no avail. ting ready to fly a KC–135 aircraft into member and the military members I’ve The only thing that has relieved her combat in Afghanistan. As I was on the talked to, we don’t want to have to be pain without side effect and makes her treadmill exercising, I saw what the there another day. But we also don’t life better is medical marijuana. Again, number four most powerful guy in poli- want to come home in any condition unfortunately, for Bob and his wife, tics said, and I felt it in my soul. I felt less than total victory. Let us finish their State does not have access to anger. I knew that there was cele- the job. Let the generals on the ground medical marijuana like my home State brating in the caves in Iraq and in the have the tools they need to finish the of Colorado does and 14 other States. caves in Afghanistan because the job. How we get good news and turn Bob ends the story about his wife by United States said we were going to that into an immediate pullout of Af- saying, ‘‘She is 65 years old and can lose. Well, guess what? It took the ghanistan is beyond me. only look forward to pain and agony.’’ brave leadership of somebody to say we Mr. President, I did not hear you I’m sure there are many folks in our will not lose in Iraq and we’re on the once last night mention the word ‘‘vic- country in the same situation. Releas- verge of victory. We had a surge in tory’’ in your speech. I hope that was a ing them from the threat of arrest and Iraq. And today, it appears to be a needless and sad omission from your incarceration simply for trying to live more stabilizing situation, and hope- speech and did not reflect what you be- a pain-free life would be a godsend for fully in 10 years Iraq will be an exam- lieve in Afghanistan. Ladies and gen- these patients and their caregivers. ple of democracy in the Middle East. tlemen, we can win. America only loses Is this the reason that we’re waging a Last night, I heard the President say when we choose to. America will win in war on drugs—to ensure that sick peo- nothing of the word victory in Afghani- Afghanistan. ple continue to suffer from pain unnec- stan but talked about how this is the essarily or are driven to buy stronger, f beginning of the end. General more powerful and more addictive nar- McChrystal recommended to the Presi- ANNOUNCEMENT BY THE SPEAKER cotics? dent that to win in Afghanistan, we PRO TEMPORE Now, there are a lot of views on what need 80,000 additional troops. Mr. Presi- The SPEAKER pro tempore. Mem- a more sensible marijuana policy dent, at a bare minimum, we need bers are reminded to address their re- might look like. My own approach is 40,000 additional troops. The President marks to the Chair. support for legalization and creating a gave 30,000. And in giving the 30,000, he regulatory system similar to what we f immediately gave a timeline for with- have for alcohol and tobacco. We can drawal. b 1040 regulate access, make sure people are Now, I will tell you the Taliban are not driving under the influence, pre- FAILED DRUG WAR used to fighting for long periods of vent minors from accessing drugs, tax time, and they know that if they sim- The SPEAKER pro tempore. The drugs, and engage in public outreach ply have to wait a couple of years, that Chair recognizes the gentleman from and education campaigns about the is an encouragement to them. But I Colorado (Mr. POLIS) for 5 minutes. dangers of marijuana. supported and support what the Presi- Mr. POLIS. Mr. Speaker, it’s hard to Taxing and regulating marijuana dent was doing in Afghanistan up until believe that the war on drugs has would save taxpayers billions of dollars last night, even though I believe he lasted 40 years. The stories of Ameri- and would generate revenue. In fact, should have given the troops required cans who have suffered because of the each year, the Federal Government for victory. But last night I saw that war on drugs continue to flood my in- spends $8 billion arresting and locking all the surge troops are going to be box. Even veterans who served our up nonviolent marijuana users—again, pulled out of Afghanistan, magically, country are victims of our senseless not marijuana dealers, not marijuana by Election Day. As a military pilot drug war. growers. There is $8 billion spent lock- and an Air National Guard pilot, I can For instance, Alex from Franklin, ing up nonviolent marijuana users. For tell you the soldiers are weary of war. Ohio, wrote in to me. Alex is a U.S. instance, Alex, the veteran, or Bob’s The American people are weary of war. Army veteran with chronic pain and wife in Georgia could very well fall vic- But leadership is not about saying, muscle spasms due to his service to our tim to that if they’re in the wrong We’re tired, we’re going to quit. It’s country. After returning from his de- place at the wrong time. about standing up for freedom and ployment, he was put on opiate muscle Taxing and regulating marijuana standing against those that would de- relaxers from the VA clinic, which would also make our communities stroy our way of life. didn’t work well for him. Following a safer. Removing marijuana from the I was in Afghanistan just a month friend’s recommendation, he tried med- criminal market would free up police ago talking to generals on the ground ical marijuana, and it worked for him. time so officers can focus on violent who say we literally have turned a cor- However, he was forced to quit in order crimes, property crimes, people driving ner in Afghanistan. It is bewildering to to accept a new job, and his pain re- under the influence of alcohol or mari- me that yesterday we send a message turned. He returned to the VA over and juana or any other substance. Tax dol- that we’re wrapping this thing up and over again, searching for something to lars could be used to incarcerate real it’s the beginning of the end before we relieve the pain. Their only answer was criminals who threaten public safety have seen that victory arrive. Let me to prescribe stronger and stronger opi- rather than veterans like Alex who are ask you, do you believe last night in ates, far stronger narcotics than mari- simply using marijuana as a less pow- the President’s speech that the Taliban juana. When that didn’t work, he was erful narcotic alternative to deal with was sad to hear what he was saying or sent to physical therapists, who didn’t their pain than the opiates that are that they were happy to hear it? have an answer either; but because he fully legal under the law and prescribed Ladies and gentlemen, just as Senate lives in a State that doesn’t offer ac- at the VA. Majority Leader HARRY REID couldn’t cess to medical marijuana, he is forced Instead of reaping these benefits, our have been in a bigger hurry for the to have a very difficult decision be- country continues to suffer under the exits to Iraq, he was proven wrong. So, tween living with his pain or violating failed war on drugs. We need to put an too, if we stick this out will those that the law. end to this war on drugs, which has say we cannot win be proven wrong Another person who wrote in is Bob, caused so much needless suffering. The again. America has a vested interest in from Fulton, Georgia, who wrote me to government should treat its citizens seeing an Afghanistan that can stand share the story of his wife, who has suf- like responsible adults instead of inter- up against terrorism, that can begin to fered from systemic lupus for over 30 fering in their lives, and it should offer defend itself against terrorists who years. Lupus has slowly deteriorated to help those suffering addiction in- seek to overthrow their country, who her body, destroying her hip joint and stead of incarcerating them. The prop- seek to overthrow Pakistan, and can do shoulders. Multiple doctors have said er front to win the war against nar- so with limited U.S. help. That is how there is nothing they can do to relieve cotics abuse in this country is a health

VerDate Mar 15 2010 00:18 Jun 24, 2011 Jkt 099060 PO 00000 Frm 00006 Fmt 7634 Sfmt 0634 E:\CR\FM\K23JN7.008 H23JNPT1 rfrederick on DSKD9S0YB1PROD with HOUSE June 23, 2011 CONGRESSIONAL RECORD — HOUSE H4469 war, not a war of violence. We are los- sively create a better climate and IT IS TIME TO FOCUS ON NATION- ing this war. Addicts continue to suffer change that atmosphere. I can tell you BUILDING HERE AT HOME needlessly every day. Those who would we’re trying to do that here in the The SPEAKER pro tempore. The benefit from medical marijuana are House. We just need some partners Chair recognizes the gentleman from continually forced to violate the law or across the other side of the Capitol and Oregon (Mr. DEFAZIO) for 5 minutes. to live their lives in pain. in the administration as well. Mr. DEFAZIO. The United States’ ob- We can do better as a Nation. Many Recently, the House Republicans had jective in Afghanistan was to root out, States are leading the way, and we at an opportunity to meet with the Presi- destroy, al Qaeda, Osama bin Laden, the Federal level need to pursue the di- dent at the White House. My good and their Taliban hosts. That job is rection that has been followed by an friend and chairman of the Small Busi- done. Afghanistan has been superseded increasing number of States, and we ness and Job Creators Caucus, of which now as a haven for terrorists by tribal need to regulate the use of marijuana I’m a member, my friend from Wis- areas in Pakistan, Yemen, and Sudan. in a way that is compassionate, that consin, REID RIBBLE, got up and indi- The inter- and intratribal disputes in discourages usage among minors, and cated to the President that we need to Afghanistan are rooted in ancient his- we need to make sure that we have a do three things for success. tory, and 12 to 36 more months of a health aspect in dealing with addiction One, we need to have consumer con- large U.S. troop footprint is not going where it exists. fidence. That means, whether they’re to resolve centuries-old conflicts the people up in the balcony or those f among the Afghan tribes. There never who are watching on TV right now, has been, there never will be, a strong WHEN AND HOW WILL AMERICA with the money that they have in their central government in Afghanistan. GET BACK TO WORK? pockets, they feel confident enough So I disagree with the President’s The SPEAKER pro tempore. The that they’re going to have a little plan for a snail-pace partial drawdown Chair recognizes the gentleman from extra, that they can go out and spend of U.S. troops over the next few years. Michigan (Mr. HUIZENGA) for 5 minutes. some money on an appliance or on a We should do it much more quickly and Mr. HUIZENGA of Michigan. Mr. car, which is very important for those leave only a residual force to prevent a Speaker, I appreciate the opportunity of us from Michigan, or maybe on a va- terrorist takeover. There were only a to rise and come before this body to cation. We need to have some consumer few thousand troops there when we talk about something that I think is a confidence, and they don’t have that drove out the Taliban and when we key question that the American people right now. pursued Osama bin Laden. Unfortu- The other thing is we need to have have. We are dealing with a lot of nately, we lost an early opportunity to credit available to those small business weighty issues these days—Afghani- capture and kill him because of mis- creators, those job creators, who are stan, Libya, the debt ceiling, the Tax takes by then-Secretary Donald Rums- out there, who are cash-flowing, who Code and tax reform—but I believe the feld. key question that we have before us is are continuing to make those tough de- But that being done, the President and the key question that the Amer- cisions to stay in the black, but they’re did say something last night with now finding out that they can’t access ican people have for us is: which I strongly agree. He said, Amer- credit because of the unreasonable reg- When and how will America get back ica, it is time to focus on nation-build- ulations that the Dodd-Frank banking to work? ing here at home. I couldn’t agree Mr. Speaker, it’s far more than just bill has put in front of them. Lastly and thirdly and maybe most more. I’ve been trying to do that for creating a bill and labeling it ‘‘job cre- 1 importantly, we need certainty. We the last 2 ⁄2 years but running into ation bill’’ or a whole package of those need a stability that has not been there roadblocks down at the White House or a stimulus package of government for a number of years now. We need when I try and rebuild the Nation’s spending that, frankly, hasn’t worked stability in our Tax Code. We need sta- transportation infrastructure. and even admitted to and joked about Now, let’s just think for a minute. bility in our regulations. People basi- by the President recently when he said We’re borrowing and spending $120 bil- cally need to know what the rules of those shovel-ready jobs and those shov- lion a year in Afghanistan, both to sup- the game are so that they can make el-ready projects maybe weren’t so long-term business decisions to again port our troops and to engage in na- shovel-ready. create those jobs. Now, Mr. Speaker, tion-building, building them schools, No, they weren’t. that’s one of the reasons why I support building them highways, building them But it’s far more than just creating a the House’s plan for American job cre- bridges, while our own schools, our own bill and labeling it ‘‘job creation.’’ It’s ators, and I encourage you to go to my highways, our own bridges are crum- about creating an atmosphere for pri- Web site ‘‘Huizenga.house.gov’’ to see bling and collapsing; $120 billion bor- vate sector growth. more about that. rowed and spent in Afghanistan, what You see, Mr. Speaker, the private Again, it’s not just about a bill that’s could we do with that here at home? sector creates prosperity, not the gov- labeled ‘‘job creation.’’ It’s about an We could begin to address the back- ernment sector. The government sector attitude that we need to have. In this log of 150,000 bridges on our national can give a job, but the private sector package, we know that we need to re- highway system that need repair or re- creates wealth and creates prosperity, move redtape and the excessive regula- placement; the $70 billion backlog on and it’s not just in our Tax Code and tions that are out there. We know that our transit systems for basic capital how that’s being applied; it’s also in we need to expand American domestic maintenance, let alone new investment the regulatory atmosphere that we energy production. That’s a ‘‘must do’’ in new transit systems to more effi- present to those job creators. for us. We need to fix and streamline ciently transport our people; to deal I can tell you, Mr. Speaker, that this our Tax Code. We need to expand new with the 40 percent of the pavement on House is trying to inject some reason- markets abroad for the goods that our the national highway system that’s ableness into a system that has gone manufacturers make. substandard; to deal with congestion in awry. Whether it’s the EPA creating But again, Mr. Speaker, it’s not just our major cities and our ports; to move out of whole cloth regulations that we a bill. It’s an attitude. We need to have freight and Americans more effec- have not dictated should happen or an attitude of, ‘‘Yes, we will work with tively. whether it’s the National Labor Rela- you to help create those jobs,’’ not, And in addressing that with $120 bil- tions Board coming up with hurdle ‘‘No, it doesn’t matter what your ques- lion that we’re borrowing and spending after hurdle for these job creators, this tion is. The answer is ‘no.’ We are not in Afghanistan today and instead administration has continually over- going to help.’’ spending that money here at home, we stepped the bounds of reasonableness, could put over 3 million to work, not and it’s our job, Mr. Speaker, to rein b 1050 just construction workers. People say that in. You would think with 429,000 That, unfortunately, Mr. Speaker, to me, well, Congressman, I don’t work new jobless claims last week—let me has been the dominant attitude of this in construction. It’s not just construc- repeat that—with 429,000 new jobless administration and of this government, tion. We have the strongest buy-Amer- claims we would try to more aggres- and it’s time that we change that. ica requirement in transportation of

VerDate Mar 15 2010 00:18 Jun 24, 2011 Jkt 099060 PO 00000 Frm 00007 Fmt 7634 Sfmt 0634 E:\CR\FM\K23JN7.010 H23JNPT1 rfrederick on DSKD9S0YB1PROD with HOUSE H4470 CONGRESSIONAL RECORD — HOUSE June 23, 2011 any part of the government. That choices in our city budget. When will job creators. What they really did like, means when you buy a transit vehicle, the Federal Government do the same? by the way, was the Republican plan it’s going to be made in America. At the Conroe Rotary Club, Angela for America’s job creators to get the That’s manufacturing, that’s software, Allen told me she wants Washington to Tax Code out of the way of our small that’s engineering, design. It goes all pay down the debt, go after fraud in business people, to get higher energy across the economy. It’s small business Medicare, and above all, get out of the and health care costs out of the way of suppliers, minority suppliers under the way of our job creators. our job creators. They want to lower laws. We could put millions to work In Orange, Texas, small the barriers so America competes and and stimulate our economy if that businesspeople flat out rejected more finds new customers around the world, money were spent here. borrowed stimulus. They insist Con- get those barriers out of the way, and Last week, I confronted the Presi- gress not raise the debt ceiling unless they want a better business climate, dent’s deputy economic adviser, Mr. we begin cutting up Washington’s cred- more patent reform, more lawsuit re- Furman, over these issues; and he did it cards. form, get those extra costs out of the admit that instead of more tax cuts, And local hospital administrator way of our small businesses, and they which isn’t putting anybody back to Jarren Garrett said it as bluntly as can want us to get our financial house in work—that’s their one nostrum which be: Control spending. order. In Huntsville, Texas, I heard how seems to have been adopted by the concerned people over our huge job- b 1100 Obama administration—hasn’t worked killing Tax Code. Sandra Sherman not for a decade, but if we cut them even Mr. President, get out of the White only wants us to stop the spending. She more, that will then. It doesn’t work. House, listen to our job creators. They wants government out of so many Investment works. We know it works. don’t want more government jobs bills. areas of our lives from housing, and Let’s invest. But the President’s dep- They want you and this Congress out of banking, and medicine, and energy, in- uty economic adviser said we can’t do the way of what they know they want surance, and other sectors. to do. And with that, we will bring that, we can’t get the money to do E.V. Blissard sent a loud message that, but we can do a Social Security jobs, bring the unemployment rate that we should not give in to the big down, and bring us back to the strong- tax holiday and borrow $200 billion spenders. E.V. is right. We can’t give more and not put people back to work. est economy in the world, not just for up the fight for a fair tax or to save a few years but for the entire century. Come on. Let’s follow up on what the Medicare and Social Security for our President said last night. Let’s get se- young people. f rious about it, and let’s make the in- I heard that same message in Living- ANNOUNCEMENT BY THE SPEAKER vestments here. America, it is time to ston, Texas, and New Caney, Texas, PRO TEMPORE focus on nation-building here at home where they said forcing fewer and fewer The SPEAKER pro tempore. The and put our people back to work and taxpayers to carry more and more of Chair will remind Members that re- ensure prosperity for future genera- the Federal Government burden is a marks in debate must be addressed to tions. sure way to kill the golden goose of the Chair. f prosperity. f JOB CREATORS IN TEXAS ‘‘JUST Fear and uncertainty of what’s com- SAY NO’’ TO MORE GOVERNMENT ing next from Washington, including THANKING THE NATIONAL LABOR HELP higher taxes, higher health care costs, RELATIONS BOARD FOR ITS higher energy costs is keeping these LEADERSHIP The SPEAKER pro tempore. The employers from putting out that ‘‘Help Chair recognizes the gentleman from Wanted’’ sign we’re all looking for. The SPEAKER pro tempore. The Texas (Mr. BRADY) for 5 minutes. In every town hall, roundtable, and Chair recognizes the gentleman from Mr. BRADY of Texas. Good morning, civic club in my district the four letter Ohio (Mr. RYAN) for 5 minutes. America. President Reagan once said word on the lips of everyone’s tongue Mr. RYAN of Ohio. Mr. Speaker, I the nine most terrifying words in the was ‘‘debt.’’ Mr. President, in Texas rise today to thank the National Labor English language were: I’m from the the businesses that can help America Relations Board for moving in a direc- government and I’m here to help. pull out of its economic slump say it’s tion with a recent proposed change Recently, I met with job creators, time to cut up America’s credit cards that will actually strengthen a work- small businesses and mid-size busi- and end the spending spree in Wash- er’s ability in the United States to nesses in my east Texas district to talk ington. They will tell you if Wash- unite, to work within a system that about jobs, and I wish the President ington doesn’t back away from the cliff has more transparency, that is fairer, would have been with me to listen to of more debt, more spending, more reg- that is streamlined so that we can re- the men and women who create jobs in ulation, and more taxes, they fear we turn a little bit more power here in the my district, and they’re like the men might cease to recognize our great Na- United States of America to the work- and women who create jobs across tion in the future. er. America. In meeting after meeting, job Today, 2 years after that economic Representing a district in northeast creators in my district made their recovery supposedly started years after Ohio and cities like Akron and Youngs- voices heard loud and clear. They don’t we spent $820 billion against our Re- town, and in a region that includes want another Washington jobs bill. publican objections, that stimulus, we Cleveland and Canton and is not too far They don’t want government that have fewer Americans working today from Pittsburgh, we have had a long, taxes more, spends more, regulates than when the stimulus began, one-half proud history in our region of a strong more, and borrows more. They aren’t million fewer people working than middle class that, in many ways, was looking to Washington for more incen- when all that stimulus was supposed to provided by union representation, to tives or tools to start hiring. jump-start the economy. Manufac- bring some balance to an economic sys- Want more jobs, they ask? Then get turing is down, factory orders are tem, quite frankly, right now that is your finances in order and get Wash- down, consumer confidence is down. We run by major global multinational in- ington out of the way of our economic were promised our unemployment rate terests that will do whatever is nec- recovery. They want this Congress to right now would be 61⁄2 percent. Well, it essary to drive down wages for average cut now and cut deep, and when this is almost 9 percent. We have the larg- workers. Congress thinks it’s cut enough waste- est number of people out of work, un- I love this economic theory that we ful and nonessential government spend- employed. It’s almost at historic lev- hear many times from our friends on ing, they want this Congress to cut els. We have fewer people working the other side that if the minimum more. In other words, they want their today than almost a quarter of a cen- wage just wasn’t so high, if workers lawmakers to do what it takes to get tury ago, fewer people in the workforce just weren’t making as much money, our Nation back on sound footing. in almost a generation. that maybe the economy would start In Willis, city council member Anna The stimulus failed. It is time for a humming. Let’s reduce taxes on the Ross asked, We’re making the tough new approach. It’s time to listen to the wealthiest people in the United States

VerDate Mar 15 2010 00:18 Jun 24, 2011 Jkt 099060 PO 00000 Frm 00008 Fmt 7634 Sfmt 0634 E:\CR\FM\K23JN7.012 H23JNPT1 rfrederick on DSKD9S0YB1PROD with HOUSE June 23, 2011 CONGRESSIONAL RECORD — HOUSE H4471 when they’ve had a boom for 20 years else will take care of itself. That’s the OLD-FASHIONED ECONOMIC of an increase in income. But if we re- kind of country that this decision is COMMON SENSE duce wages for middle class people, moving us towards, and I would like to The SPEAKER pro tempore. The that somehow this economy will just thank them. Chair recognizes the gentleman from turn right around. f Georgia (Mr. BROUN) for 5 minutes. And let me remind my friends on the Mr. BROUN of Georgia. Mr. Speaker, other side, we are currently living SYRIAN VIOLENCE my constituents know that Wash- under the President Bush tax system. ington could learn a lot from using just If this tax system of cutting taxing for The SPEAKER pro tempore. The Chair recognizes the gentleman from some good old-fashioned Georgia com- the wealthiest worked had created mon sense. I want to tell you a quick jobs, we wouldn’t have the problems we Michigan (Mr. WALBERG) for 5 minutes. Mr. WALBERG. Mr. Speaker, while story. Earlier this month after one of have right now. Think about it. We are my town hall meetings, a mayor from living under President Bush’s tax sys- our President telegraphs to our enemies a timeline for ending the war a small town in my district came up to tem. This system, in ’01 and ’03, was tell me about the hard times that her supposed to lead to tremendous growth that they are certainly willing to continue to commit to, while military ef- city has been dealing with recently. and job creation in the American econ- Unemployment has shot through the omy. It hasn’t worked. America works forts continue in Libya with uncertain, undisclosed, and unsuccessful outcomes roof, and many businesses in Hoschton, when we reinvest back into our people, Georgia, have been forced to downsize when we make sure people are trained led by our administration under NATO command, greater atrocities per- or shut down completely. The mayor and educated. told me about how tough times have I am for a reduction in the corporate petrated against freedom seekers in also required her to make some bold tax. We do need to keep business taxes Syria go unaddressed, unannounced, choices about Hoschton’s budget. Ulti- low so that we can be more competi- unconsidered by our President. Why? mately in efforts to keep the town tive. But when you start making hun- What’s the reason? What’s the time afloat, she ended up slashing their dreds of millions of dollars and billions limit? It is known that Syria has been budget by a whopping 67 percent. The of dollars, like Warren Buffett and Bill a continuing threat to freedom and a mayor said to me, ‘‘Everything has to Gates, you’ve got to pay a little bit strong supporter and sustainer of un- be put on the table. Nothing can be im- more in taxes. And we need that rev- rest and terrorism in the Middle East and around the world. They’re a strong possible to cut.’’ enue so that we can rebuild our infra- My liberal Democrat colleagues need structure in the United States, so that ally of Iran and a constant threat to our friend Israel. to take note. It’s long past time for the we can make college more affordable in Obama administration to stop spending the United States, so that average fam- As freedom-seeking citizens of Syria join, Mr. Speaker, many others in the money like there’s no tomorrow. There ilies in Youngstown, in Niles can send is a tomorrow, even though right now, their kids to college to become engi- Middle East in calling for political reforms, respect for human rights, and with over 9 percent unemployment, neers. That revenue can be used to that tomorrow is looking pretty bleak. make sure that every American has af- regime change, the government of fordable health care, so that no family Syria and President Bashar Al-Assad is b 1110 in the United States has to make a de- violently and sadistically suppressing America’s runaway spending has got- cision or stare at the ceiling when they the Syrian people, his own people. ten so far out of control that it’s hard are laying in bed at night, worrying Tanks, snipers, goon squads, violent at- get a grasp on the amount of debt our about whether or not their children tacks on women and children, starva- Nation is in or how long it will take us will have proper health care, or that if tion and dehydration, inhuman impris- to repay the almost $141⁄2 trillion that one of their kids gets sick, they may onment, torture, and worse has been we have borrowed. not be able to afford health care. That the norm for the Syrian people for too Americans don’t want excuses any- shouldn’t happen in the United States long—without a strong and principled more; they want solutions. They want of America. response from our President and our less spending and more jobs. They want What the NLRB has done is said, Nation. Why? We’re not calling for a burdensome regulations removed from Let’s give more fairness, more trans- war. We’re not calling for troops on the the backs of small businesses who can parency, a more streamlined process so ground. We’re not calling for anything put so many more people back to work. that workers can unite together and right now except to take a stand They want more free choice and less have some little bit of leverage against against this atrocity. big government when it comes to their the massive corporate interests. I’ve Other nations have stood and voiced day-to-day lives. been down here 9 years now in this their concerns that President Assad Washington needs to follow the lead Congress, and it seems to me that has violated its international obliga- of small cities, small businesses, and whatever the oil industry wants, they tions, including the International Cov- families who are tightening their belts get; whatever the insurance industry enant on Civil and Political Rights and all across this country. That small wants, they get; whatever the multi- the United Nations Convention against Georgia town in my district that cut 67 nationals want, they get. And if we Torture and Other Cruel, Inhuman or percent of their budget to deal with don’t begin as a country to empower Degrading Treatment or Punishment. their financial crisis ought to be a average people to make a good middle Isn’t it time for our President and this model and a blueprint for the Obama class wage, we are not going to be the administration to stand and speak as administration and for Congress. America any of us want. We are going the world leader and call on President f to be weaker. Assad to step down and for the Syrian You want to talk about family val- Government to end its cruel crimes RECESS ues—these are family values. What the against humanity? The SPEAKER pro tempore. Pursu- NLRB has done is move us closer to I am firmly convinced that the rest ant to clause 12(a) of rule I, the Chair having some family values. So I rise of the peace-loving world will respond declares the House in recess until noon today, Mr. Speaker, to say thank you to our leadership. They are looking for today. to the leadership of the NLRB for some it. They expect it. They are asking for Accordingly (at 11 o’clock and 12 of these proposed changes. I hope they it, and the Syrian people will be en- minutes a.m.), the House stood in re- continue to move forward. And I hope couraged and defended. And liberty’s cess until noon. this is just one small step where we, as cause will be promoted in this earth- f a country, say, You know, the middle quake zone called the Middle East. b 1200 class is working, if we’re manufac- It’s time to speak up. May God grant turing things in the United States, if our President and this administration AFTER RECESS we work together with a common and our government the courage to do The recess having expired, the House cause, a common purpose, if we’re so. Because it is for humanity and peo- was called to order by the Speaker at healthy, if we’re educated, everything ple like ourselves that we speak. noon.

VerDate Mar 15 2010 00:18 Jun 24, 2011 Jkt 099060 PO 00000 Frm 00009 Fmt 7634 Sfmt 0634 E:\CR\FM\K23JN7.014 H23JNPT1 rfrederick on DSKD9S0YB1PROD with HOUSE H4472 CONGRESSIONAL RECORD — HOUSE June 23, 2011 PRAYER the resignation of Anthony D. Weiner as New MEDICARE TURNS 46 The Chaplain, the Reverend Patrick York’s 9th Congressional District Represent- (Ms. BASS of California asked and ative in the United States House of Rep- J. Conroy, offered the following prayer: resentatives. The New York State Depart- was given permission to address the O Lord our God, we give You thanks ment of State filed the letter today. A copy House for 1 minute.) for giving us another day. You have of his letter of resignation is attached. Ms. BASS of California. In July, kept us in life, sustained us, and al- Sincerely, Medicare will be 46 years old. This is an lowed us to reach this moment. CESAR A. PERALES, opportunity for all of us to take a look Bless the Members of the People’s Secretary of State. at history. House that You have gifted to serve In 1965, 44 percent of Americans over our Nation. Preserve them this day and HOUSE OF REPRESENTATIVES, the age of 65 had no health insurance. for the coming day. Supply their needs Washington, DC, June 20, 2011. Many seniors were pushed into poverty Hon. CESAR PERALES, according to Your riches and prompt by medical costs. In 1965, when Medi- Secretary of State, New York Department of care was first passed, out of 200 Repub- them to work harmoniously with one State, State Street, Albany, NY. another. Give them a heart for the Hon. ANDREW CUOMO, lican Members of Congress, less than needs of all people and help them to Governor, Executive Chamber, State Capitol, Al- half voted for it. Future Presidents reason together for the public good. bany, NY. Bush and Reagan called Medicare so- Should they be tempted by rancor, ease DEAR SECRETARY PERALES AND GOVERNOR cialized medicine. So it should be no their passion and grant them the re- CUOMO: I hereby resign as the Member of the surprise that Republicans are still try- spectful desire to see past differences House of Representatives for New York’s ing to end Medicare. Today, it’s called Ninth Congressional District effective at saving Medicare—we should end it in toward accomplishments worthy of midnight, Tuesday, June 21, 2011. It has been Your desire for the benefit of all. order to save it. an honor to serve the people of Queens and Seventy percent of the public does May all that is done this day be for Brooklyn. Your greater honor and glory. Sincerely, not support the Republican plan to end Amen. ANTHONY D. WEINER, Medicare. And so it is a sad fact that a f Member of Congress. month before the 46th anniversary of Medicare, Republican Members of the THE JOURNAL f House are not celebrating the Nation’s The SPEAKER. The Chair has exam- ANNOUNCEMENT BY THE SPEAKER commitment to ensure that our seniors ined the Journal of the last day’s pro- The SPEAKER. Under clause 5(d) of have health care but are instead trying ceedings and announces to the House rule XX, the Chair announces to the to end Medicare before the 46th anni- his approval thereof. House that, in light of the resignation versary. Pursuant to clause 1, rule I, the Jour- of the gentleman from New York (Mr. f nal stands approved. WEINER), the whole number of the Mr. HULTGREN. Mr. Speaker, pursu- HERE THEY GO AGAIN: NLRB AND House is 432. ant to clause 1, rule I, I demand a vote UNIONS ARE KILLING JOBS on agreeing to the Speaker’s approval f (Mr. WILSON of South Carolina asked and was given permission to ad- of the Journal. ANNOUNCEMENT BY THE SPEAKER The SPEAKER. The question is on dress the House for 1 minute and to re- the Speaker’s approval of the Journal. The SPEAKER. The Chair will enter- vise and extend his remarks.) The question was taken; and the tain up to 15 requests for 1-minute Mr. WILSON of South Carolina. Mr. Speaker announced that the ayes ap- speeches on each side of the aisle. Speaker, the NLRB, under the influ- peared to have it. f ence of union bosses, on Tuesday acted Mr. HULTGREN. Mr. Speaker, I ob- again to restrict workers’ rights. The ject to the vote on the ground that a BRING HOME TROOPS IN VICTORY NLRB proposed new rules that would quorum is not present and make the (Mr. JOHNSON of Ohio asked and speed up elections for unionization. In point of order that a quorum is not was given permission to address the doing so, unions would force workers present. House for 1 minute and to revise and into union memberships before fully The SPEAKER. Pursuant to clause 8, extend his remarks.) considering both the advantages and rule XX, further proceedings on this Mr. JOHNSON of Ohio. Last night, disadvantages of membership. By im- question will be postponed. we heard President Obama’s plan for plementing a shorter voting period, The point of no quorum is considered withdrawing our troops from Afghani- U.S. Chamber Vice President Randy withdrawn. stan. While I share the President’s goal Johnson has revealed this is a cleverly f of wanting to bring home our brave disguised mandate to pressure workers into joining a union without making PLEDGE OF ALLEGIANCE troops as soon and as safely as possible, I’m concerned that political consider- an informed decision. The SPEAKER. Will the gentleman Moreover, the NLRB wants to delay ations were given more weight in this from Pennsylvania (Mr. ALTMIRE) come litigation over many voter eligibility decision than military strategy. forward and lead the House in the issues. As Chairman JOHN KLINE stated, As a military veteran of 27 years, I Pledge of Allegiance. ‘‘Big Labor has found faithful friends understand how important it is to base Mr. ALTMIRE led the Pledge of Alle- on the Obama NLRB.’’ decisions like this on the guidance of giance as follows: The job-killing influence of unions our commanders in the field. Our mili- I pledge allegiance to the Flag of the over the NLRB must be stopped before United States of America, and to the Repub- tary commanders are the best military it tramples the rights of American lic for which it stands, one nation under God, strategists in the world, and they are workers, killing jobs at Boeing in indivisible, with liberty and justice for all. the ones in a position to know how South Carolina, and now killing jobs f many and what type of troops they across America. need to do their mission. In conclusion, God bless our troops, RESIGNATION FROM THE HOUSE When the President announced his OF REPRESENTATIVES and we will never forget September the troop surge, he included the lasting in- 11th in the global war on terrorism. The SPEAKER laid before the House fluence of Taliban among his reasons. f the following resignation from the The Taliban remains allied with al House of Representatives: Qaeda, and both terrorist networks RELIGIOUS VIOLENCE IN EGYPT STATE OF NEW YORK, would rather see Afghanistan de- (Mr. SIRES asked and was given per- DEPARTMENT OF STATE, stroyed than lose their influence over mission to address the House for 1 Albany, NY, June 20, 2011. the Afghan people. minute.) JOHN BOEHNER, Speaker of the House, Mr. Speaker, we’ve learned that Mr. SIRES. Mr. Speaker, I rise today The Capitol, Washington DC. fighting our Nation’s wars from the to express my concern for the esca- DEAR SPEAKER BOEHNER: As New York Oval Office does not work. Let’s make lating persecution of the Christian State’s Secretary of State, I have received sure our troops come home in victory. community in Egypt.

VerDate Mar 15 2010 00:18 Jun 24, 2011 Jkt 099060 PO 00000 Frm 00010 Fmt 7634 Sfmt 0634 E:\CR\FM\K23JN7.018 H23JNPT1 rfrederick on DSKD9S0YB1PROD with HOUSE June 23, 2011 CONGRESSIONAL RECORD — HOUSE H4473 We were all inspired by the call for Yesterday, I was proud to join 158 of millions of dollars over the past 10 freedom and democracy in Egypt this my House colleagues—women and years, sending government officials winter, but for some in Egypt, the men—in cosponsoring this simple con- abroad most recently to study bill- transition has led to more threats, stitutional guarantee that ‘‘equality of boards in five different countries, over more fear, and more violence. While rights’’ shall not be denied or abridged 17 days, at a cost of $300,000 to the tax- Mubarak is gone, extremist groups in on account of one’s gender. The ERA payers. Egypt are using the newly opened po- was passed by Congress in 1972, and Rightly, Secretary LaHood responded litical space to escalate their war won approval from 35 States before to our letter by immediately sus- against Christians. Churches are burn- falling just three short of ratification. pending the program, but the question ing and people are being murdered in Since then, women have gained signifi- remains: Why did it exist in the first the streets over their religious beliefs. cant protections in society, in the place, and how many others like it If these groups get their way, the op- workplace and at home; but it is clear exist throughout the Federal bureauc- portunity for a democratic and free that much more must be done. racy? Egypt would be lost. Earlier this year, a sitting member of We must continue to scrutinize the As the United States partners with the U.S. Supreme Court stated his view budgets at all Federal agencies so we Egyptian communities to support de- that the Constitution does not prohibit can put an end to this type of wasteful mocracy in this time of transition, it is ‘‘discrimination on the basis of sex.’’ spending once and for all. Hopefully, imperative that human rights viola- While many legal scholars were quick the suspension of this billboard pro- tions are not pushed aside. The United to disagree, his words illustrate clearly gram is just a sign of things to come. States must demand that any Egyptian the need for explicit constitutional Government protect the rights and f protections. Without them, Congress lives of its citizens before any U.S. dol- ENCOURAGING JOB CREATION AND has—and has already attempted to— lars are given to that government. THE AMERICAN ENTREPRE- roll back these gains. The respect of human rights, includ- NEURIAL SPIRIT ing religious freedoms, is imperative I urge my colleagues to join me in supporting the ERA and in standing up (Mr. STUTZMAN asked and was for the future and stability of Egypt given permission to address the House and the region. for the constitutional protection for women and families. for 1 minute.) f Mr. STUTZMAN. Mr. Speaker, I rise f MR. PRESIDENT, DON’T PLAY POL- today as the proud Representative of ITICS: SUPPORT AMERICAN EN- REDUCING THE CORPORATE TAX Indiana’s hardworking Third District ERGY RATE and as an original member of the Job (Mr. HULTGREN asked and was (Mr. BARTLETT asked and was given Creators Caucus. I have come to the given permission to address the House permission to address the House for 1 floor today to talk about what makes for 1 minute and to revise and extend minute and to revise and extend his re- America great and what we can do to his remarks.) marks.) encourage job creation and America’s Mr. HULTGREN. The cost of gasoline Mr. BARTLETT. Mr. Speaker, I am entrepreneurial spirit. is devastating American family budg- very pleased to rise to support my col- America’s curiosity, passion for ex- ets, destroying jobs, and debilitating league DONNA EDWARDS and her bill to cellence and drive for efficiency moves our economy. Gas prices in my home reduce the corporate tax in order to every small business owner and entre- State of Illinois are among the highest create more jobs in this country. preneur in our Nation. Mom-and-pop in the Nation. The corporate tax is, perhaps, the grocery stores, local mechanics, inde- It’s clear that America needs an en- most regressive tax we have because, in pendent insurance agents, farmers, and ergy policy that will take advantage of reality, you cannot tax a corporation. countless others make our Nation America’s vast supplies of oil, gas, and It simply becomes a part of the cost of great. Make no mistake. Our greatness other resources. But instead of choos- doing business, and they pass it on to is not attributed to our prosperity. ing to boost domestic energy produc- the consumer, who pays the tax, which Rather, America is prosperous because tion, which would create jobs and help makes everything cost more that the she is great, and she is great because get our economy moving again, the consumer buys, so the consumer will be she is free. President has chosen the shortsighted, benefited in several ways when we re- As a small business owner and a politically expedient, and financially duce the corporate tax rate. farmer, I have firsthand knowledge of expensive route of tapping our Stra- Corporations will grow, and there our Nation’s unique and wonderful de- tegic Petroleum Reserve. I urge him to will be more jobs. More corporations sign. Business owners are free to make reconsider his decision and embrace will move to this country, creating the countless decisions that they face the legislation we have passed to in- more jobs. By the way, the revenue each and every day. Unfortunately, crease domestic energy production. stream from this increase in the size of that entrepreneurial spirit is under at- I have been proud to support the bills corporations and in the number of cor- tack. Individual Americans are still we’ve passed because they will not only porations may actually increase as a restless for opportunity, but a threat reduce our reliance on unstable and un- result of reducing the tax rate. There comes from an excessive government friendly regions of the world, they will will be more jobs for our consumers, that limits opportunities and stifles also create good-paying jobs here at and the things they buy will cost less. job growth. home. So instead of tapping the SPR to This is a win-win-win for everybody. In 1913, the Ford Motor Company re- help his reelection campaign, the Thank you, Congresswoman duced its production time from 14 President should do what is truly best EDWARDS, for your leadership. hours to 11⁄2 hours. Today, a massive for America and support our efforts to f bureaucratic machine produces job- increase domestic energy production killing regulations at a speed that and create the jobs hardworking Amer- WASTEFUL SPENDING WITHIN THE would make Henry Ford shudder. icans are looking for. FHA’S INTERNATIONAL SCAN Every year, unelected bureaucrats PROGRAM f issue more than 3,000 final rules, close (Mr. ALTMIRE asked and was given to 10 rules a day. b 1210 permission to address the House for 1 I have proudly cosponsored the SUPPORTING THE EQUAL RIGHTS minute.) REINS Act, which would reverse the AMENDMENT Mr. ALTMIRE. Mr. Speaker, this harmful onslaught of regulation that (Ms. TSONGAS asked and was given week, I cosigned a letter to Transpor- cripples businesses and thwarts job cre- permission to address the House for 1 tation Secretary LaHood expressing ation. I know that when government minute.) concern about the waste of taxpayer gets out of the way it allows Ameri- Ms. TSONGAS. Mr. Speaker, I rise dollars at the Federal Highway Admin- cans to realize their full potential. today in strong support of the Equal istration’s International Scan Pro- The American entrepreneurial spirit Rights Amendment. gram. This program has likely wasted is not dead. Men and women across the

VerDate Mar 15 2010 00:18 Jun 24, 2011 Jkt 099060 PO 00000 Frm 00011 Fmt 7634 Sfmt 0634 E:\CR\FM\K23JN7.020 H23JNPT1 rfrederick on DSKD9S0YB1PROD with HOUSE H4474 CONGRESSIONAL RECORD — HOUSE June 23, 2011 Nation are ready. They want to know if THE 375TH ANNIVERSARY OF b 1220 Washington is, too. PROVIDENCE IT’S TIME TO GET AMERICANS f (Mr. CICILLINE asked and was given BACK TO WORK permission to address the House for 1 (Ms. EDWARDS asked and was given WE MUST SUSTAIN AND PROTECT minute.) permission to address the House for 1 SOCIAL SECURITY AND MEDICARE Mr. CICILLINE. Mr. Speaker, I rise minute and to revise and extend her re- today to commemorate the 375th anni- (Mr. AL GREEN of Texas asked and marks.) versary of the founding of the city of was given permission to address the Ms. EDWARDS. Mr. Speaker, it’s Providence, Rhode Island’s magnificent House for 1 minute and to revise and time to talk turkey about jobs. Too capital city. extend his remarks.) many Americans are unemployed, and Providence, fondly known as the cre- Mr. AL GREEN of Texas. Mr. Speak- it’s time to get Americans back to ative capital, the Renaissance city and er, in these times of great difficulty work. As we enter this new decade in the beehive of industry, has embodied and uncertainty, our senior citizens the 21st century, research and develop- American values since its founding in want to know where we stand, and I ment is critical to rebuilding American 1636. When Roger Williams founded the want the senior citizens to know that I manufacturing and to creating jobs. In city of Providence, he could not have stand with them. I will not vote to today’s global economy, manufacturing known what it would become: the city, voucherize Medicare, and I will not here in the United States and innova- built upon Roger Williams’ tradition of vote to socialize to the extent that we tion remains a linchpin for economic diversity, welcoming immigrants from privatize Social Security. growth that is being challenged rigor- around the world into vibrant urban Medicare has been there for millions ously by our competitors around the neighborhoods. of our senior citizens. It is a program world. Having served for 8 years as mayor of on which they can depend. In their Today, I rise to highlight legislation this great city, I am aware of its well- minds, Medicare is better care. We I introduced with my colleague from earned reputation as the arts and cul- have 40 million seniors depending on Maryland, ROSCOE BARTLETT, to spur ture center of New England. Provi- Medicare. We cannot take that from innovation and economic development. dence has been recognized as one of the them. Many of the seniors in my dis- Mr. Speaker, H.R. 682, the 21st Century coolest cities in America, one of the 25 trict depend on Social Security to the Investment Act, would encourage com- best cities for arts and culture and one extent that, if they don’t have Social panies to co-locate their research and of the 100 best cities for young people— Security, they do not ‘‘have.’’ development activities with job cre- to name just a few accolades. It has These two programs mean a lot to ation here in the United States. We’d also been recognized by the U.S. Con- the people that I represent. No privat- make permanent the research and de- ference of Mayors for its innovative ization of Social Security and no velopment tax credit and increase the after-school programs, its world-class voucherizing of Medicare. I will vote to domestic manufacturing tax credit to arts and entertainment and its restora- sustain them and protect them. 15 percent. Those are jobs here in the tion of city rivers, the creation of United States. f downtown warfront parks and spectac- The time was that we were the global ular historic preservation. leader and the architect of research CREATING A SOUND ENERGY Three hundred seventy-five years and development, but not true today. POLICY after its founding, Providence is, with- We can and we must do better because (Mr. FLEMING asked and was given out question, one of America’s greatest of whatever that is we’re down to, permission to address the House for 1 cities, and it is a true honor to com- about number 17 or 21. We can do bet- minute.) memorate its founding. ter; and so by joining Mr. BARTLETT Mr. FLEMING. Mr. Speaker, Presi- and me, Mr. Speaker, H.R. 689 will re- f dent Obama announced today that he claim the mantle of innovation and is releasing 30 million barrels of oil create jobs. YORK RIVER WILD AND SCENIC from the Strategic Petroleum Reserve RIVER STUDY ACT f to alleviate supply disruptions that he LEGALIZING MARIJUANA claims are as a result of the conflict in (Ms. PINGREE of Maine asked and Libya. The irony here is obvious: Who was given permission to address the (Mr. COHEN asked and was given per- attacked Libya and created the disrup- House for 1 minute.) mission to address the House for 1 tions in the first place? Ms. PINGREE of Maine. Mr. Speaker, minute.) Furthermore, this is the same Presi- last month, when I was standing on the Mr. COHEN. Mr. Speaker, in June the dent whose policies and regulations banks of the York River in Maine, I Global Conference on Drug Policy, a 19- over the past 2 years have systemati- learned that the river serves as a home member group that included former cally choked our domestic energy pro- for species like the New England Cot- U.N. Secretary General Kofi Annan, duction, stifled job creation and re- tontail, the Eastern Box Turtle and the Ronald Reagan’s Secretary of State sulted in record energy prices for the threatened Harlequin Duck; but the George Schultz and Paul Volcker said American public. Releasing oil from York River is also a place where people that the drug war was a failure, that it the SPR is an obvious political move to are making their livings. needed to be readdressed with new pri- cover up the high gasoline prices cre- Fishermen depend on the good qual- orities, and suggested that this coun- ated by the President’s policies. ity of the water and access to the wa- try get out of the Federal marijuana Mr. President, if you were truly seri- terfront, and farmers in the York River possession business. ous about increasing the supply of oil Watershed grow pumpkins, potatoes It is for that reason and others that and lowering prices, you would stop and other produce that keep Maine I will be joining today with being the candidate-in-chief and begin communities healthy. The natural Congresspeople RON PAUL, JOHN CON- taking leadership on a sound energy beauty of the river draws visitors to YERS, BARNEY FRANK, JARED POLIS and policy, parts of which the House has al- the area from around the State and others to introduce a bill to get the ready passed. around the country. Federal Government out of possession Mr. Speaker, later today, I am intro- of marijuana and into interstate and f ducing the York River Wild and Scenic international shipments of marijuana River Study Act, which would commis- and allowing the States to decide, like ANNOUNCEMENT BY THE SPEAKER sion a feasibility study to find out if they do with alcohol, how they should PRO TEMPORE the river qualifies as a ‘‘Wild and Sce- deal with marijuana. Better they The SPEAKER pro tempore (Mr. POE nic Partnership River’’—a designation should deal with it as a health policy of Texas). Members are advised to ad- that would help preserve the river as and not a criminal policy and not stig- dress the Chair and not the administra- an economic and natural resource for matize young people for life with tion. generations to come. marks on their record that might deny

VerDate Mar 15 2010 00:44 Jun 24, 2011 Jkt 099060 PO 00000 Frm 00012 Fmt 7634 Sfmt 0634 E:\CR\FM\K23JN7.021 H23JNPT1 rfrederick on DSKD9S0YB1PROD with HOUSE June 23, 2011 CONGRESSIONAL RECORD — HOUSE H4475 them employment and taking police of- should not be dismantling safety net declared in Executive Order 13466 of ficers’ work away from violent crimes, programs like Medicare and Medicaid. June 26, 2008, expanded in scope in Ex- where they should be better be used. Let’s stop the politics. Let’s work to- ecutive Order 13551 of August 30, 2010, f gether. Let’s work on a plan to protect and addressed further in Executive our seniors and be responsible to lower Order 13570 of April 18, 2011, is to con- SUPERINTENDENT JANE RUSSO’S the deficit. tinue in effect beyond June 26, 2011. RETIREMENT The existence and the risk of pro- f (Ms. LORETTA SANCHEZ of Cali- liferation of weapons-usable fissile ma- fornia asked and was given permission NOW IS THE TIME TO PASS THE terial on the Korean Peninsula, and the to address the House for 1 minute and PENDING FREE TRADE AGREE- actions and policies of the Government to revise and extend her remarks.) MENTS of North Korea that destabilize the Ko- rean Peninsula and imperil U.S. Armed Ms. LORETTA SANCHEZ of Cali- (Mr. DOLD asked and was given per- Forces, allies, and trading partners in fornia. Mr. Speaker, I rise today to mission to address the House for 1 the region, continue to constitute an honor a very dedicated leader from my minute.) unusual and extraordinary threat to community, our superintendent Jane Mr. DOLD. Mr. Speaker, for more Russo. She has served the Santa Ana the national security, foreign policy, than a short period of time, we’ve had and economy of the United States. For Unified School District for over 25 an opportunity to talk about free trade years. As the first woman super- these reasons, I have determined that agreements, and when we talk about it, it is necessary to continue the national intendent for Santa Ana Unified, she it’s about jobs, jobs in the economy. has been a visionary for the commu- emergency with respect to these More than 57 million jobs in America threats and maintain in force the nity. are directly supported by international Superintendent Russo has built part- measures taken to deal with that na- trade. Free trade with other nations tional emergency. nerships with parents, with community not only creates more jobs for Ameri- leaders, with government, and with BARACK OBAMA. cans; it creates more opportunity THE WHITE HOUSE, June 23, 2011. business leaders. She has taken leader- around the world. f ship roles she has mentored and she In my district, over 58,000 jobs are di- has shown parents and faculty and ad- rectly supported by exports. In fact, CONTINUATION OF THE NATIONAL ministrators, the business community, last year almost $20 billion worth of EMERGENCY WITH RESPECT TO all of us, what it is to truly collaborate merchandise was exported from my dis- THE WESTERN BALKANS—MES- and work together. trict alone. If Washington is serious SAGE FROM THE PRESIDENT OF With approximately 58,000 students, about creating more jobs, then we THE UNITED STATES (H. DOC. 61 schools, 4,500 employees, Super- should immediately pass the pending NO. 112–41) intendent Russo manages the second free trade agreements with Korea, Co- The SPEAKER pro tempore laid be- largest employer in Santa Ana and the lombia, and Panama. fore the House the following message largest school district in Orange Coun- New jobs are created in our local from the President of the United ty and the sixth largest school district communities when our Nation in- States; which was read and, together in California. creases free trade. Free trade also low- with the accompanying papers, referred Her accomplishments have been rec- ers prices for the American consumer. to the Committee on Foreign Affairs ognized at the State and national lev- When burdensome tariffs are lifted, the and ordered to be printed: els. Under her leadership for the school average American family of four sees To the Congress of the United States: district’s academic performance index, an increased purchasing power of ap- Section 202(d) of the National Emer- it increased by nearly 100 points, and proximately $10,000. gencies Act (50 U.S.C. 1622(d)) provides she received the highest score on State Now is not the time to play political for the automatic termination of a na- compliance report cards for special games with these free trade agree- tional emergency unless, prior to the education and the highest increase in ments. Now is the time to pass these anniversary date of its declaration, the State testing for English language pending free trade agreements so that President publishes in the Federal Reg- learners scoring proficient and above. we can create jobs here at home and ister and transmits to the Congress a Ms. Russo will leave a lasting legacy help ease the burden on American fam- notice stating that the emergency is to in our district. She has shaped and ilies. continue in effect beyond the anniver- made our community even better, and sary date. In accordance with this pro- I am honored to recognize such a great f vision, I have sent to the Federal Reg- member of our community, and I con- CONTINUATION OF THE NATIONAL ister for publication the enclosed notice gratulate her on her retirement. EMERGENCY WITH RESPECT TO stating that the Western Balkans f NORTH KOREA—MESSAGE FROM emergency is to continue in effect be- MEDICARE THE PRESIDENT OF THE UNITED yond June 26, 2011. STATES (H. DOC. NO. 112–40) The crisis constituted by the actions (Mr. BACA asked and was given per- of persons engaged in, or assisting, mission to address the House for 1 The SPEAKER pro tempore laid be- sponsoring, or supporting (i) extremist minute.) fore the House the following message violence in the Republic of Macedonia Mr. BACA. Mr. Speaker, next week from the President of the United and elsewhere in the Western Balkans marks the 45th anniversary of imple- States; which was read and, together region, or (ii) acts obstructing implementing Medicare. On this occasion, it with the accompanying papers, referred mentation of the Dayton accords Bos- is right that Congress work together to to the Committee on Foreign Affairs nia, United Nations Security Council protect and strengthen Medicare for and ordered to be printed: Resolution 1244 of June 10, 1999, in our future generations. Sadly, instead To the Congress of the United States: Kosovo, or the Ohrid Framework of preserving Medicare, my Republican Section 202(d) of the National Emer- Agreement of 2001 in Macedonia, that colleagues have approved a plan to de- gencies Act (50 U.S.C. 1622(d)) provides led to the declaration of a national stroy it. for the automatic termination of a na- emergency on June 26, 2001, in Execu- The Republican budget privatizes tional emergency unless, prior to the tive Order 13219, and to amendment of Medicare programs, turning control anniversary date of its declaration, the that order in Executive Order 13304 of over to the insurance industry; ends President publishes in the Federal Reg- May 28, 2003, has not been resolved. The guaranteed Medicare coverage for sen- ister and transmits to the Congress a acts of extremist violence and obstruc- iors, replacing it with a voucher sys- notice stating that the emergency is to tionist activity outlined in Executive tem; doubles out-of-pocket medical continue in effect beyond the anniver- Order 13219, as amended, are hostile to costs for seniors. sary date. In accordance with this pro- U.S. interests and continue to con- I ask my colleagues, where are your vision, I have sent to the Federal Reg- stitute an unusual and extraordinary priorities? We should be creating jobs ister for publication the enclosed notice threat to the national security and for- and helping middle class families. We stating that the national emergency eign policy of the United States. For

VerDate Mar 15 2010 04:57 Jun 24, 2011 Jkt 099060 PO 00000 Frm 00013 Fmt 7634 Sfmt 0634 E:\CR\FM\K23JN7.024 H23JNPT1 rfrederick on DSKD9S0YB1PROD with HOUSE H4476 CONGRESSIONAL RECORD — HOUSE June 23, 2011 these reasons, I have determined that have 5 legislative days to revise and ex- country. We can’t stretch our resources it is necessary to continue the national tend their remarks. so thin that we ultimately end up emergency declared with respect to the The SPEAKER pro tempore. Is there tying the hands of our troops. Western Balkans and maintain in force objection to the request of the gen- Finally, Mr. Speaker, I would like to the sanctions to respond to this threat. tleman from Florida? take a minute to discuss the rule’s BARACK OBAMA. There was no objection. commitment to budgetary trans- THE WHITE HOUSE, June 23, 2011. Mr. NUGENT. Mr. Speaker, I rise parency. The budget resolution adopted f today in support of H. Res. 320 and the earlier this year included specifically underlying legislation, H.R. 2219, which b 1230 delineated funds for operations related appropriates funds for the Department to the global war on terror. This fund PROVIDING FOR CONSIDERATION of Defense for fiscal year 2012. is capped at $126 billion. The intent of OF H.R. 2219, DEPARTMENT OF The rule is a truly open rule, one the budget language was to preserve DEFENSE APPROPRIATIONS ACT, which provides for ample debate on the these funds specifically for the war on 2012 bill and gives Members of both the mi- terror and to ensure that the money Mr. NUGENT. Mr. Speaker, by direc- nority and the majority the oppor- wasn’t diverted for unrelated pro- tion of the Committee on Rules, I call tunity to participate in debates. Any grams. up House Resolution 320 and ask for its Member can submit an amendment to Previous majorities have used simi- immediate consideration. H.R. 2219 as long as it’s germane, in lar constructs for the exact same pur- The Clerk read the resolution, as fol- keeping with the rules of the House. pose. Additionally, in previous Con- lows: As a member of the Rules Com- gresses, the Budget Committee chair- H. RES. 320 mittee, I’m proud of the transparency, man was prepared to advise the Chair Resolved, That at any time after the adop- the openness, and the free-flowing de- that in terms of spending levels, it is tion of this resolution the Speaker may, pur- bate that we’ve seen thus far in the impermissible to use funding for the suant to clause 2(b) of rule XVIII, declare the 112th Congress, especially in the appro- global war on terror to offset increases House resolved into the Committee of the priations process. One way we can show in spending elsewhere in this bill. The Whole House on the state of the Union for our commitment to the change we consideration of the bill (H.R. 2219) making same is true this Congress. Section 2 of appropriations for the Department of De- promised the American people is by the rule codifies the budget resolu- fense for the fiscal year ending September 30, supporting open rules like this one. tion’s intent and the past practices of 2012, and for other purposes. The first read- The underlying bill keeps our promise this House. The rule prohibits funding ing of the bill shall be dispensed with. All to bring an end to wasteful pet for the global war on terror from being points of order against consideration of the projects. In keeping with the House used to pay for operations of any other bill are waived. General debate shall be con- earmark ban, H.R. 2219 doesn’t contain fined to the bill and shall not exceed one kind. This provides transparency and hour equally divided and controlled by the a single earmark. accountability as to exactly how much chair and ranking minority member of the Now, as a father of three sons all cur- money is being spent on the global war Committee on Appropriations. After general rently serving in the United States on terror, rather than counting the debate the bill shall be considered for Army, this bill is of special importance funds as an off-budget emergency amendment under the five-minute rule. to me. It’s important to the Blue Star spending program. Points of order against provisions in the bill moms and dads whose kids have an- With that, I encourage my colleagues for failure to comply with clause 2 of rule swered the call of duty and are serving to vote ‘‘yes’’ on the rule and to vote XXI are waived. During consideration of the their country in uniform. But this leg- bill for amendment, the chair of the Com- ‘‘yes’’ on the underlying legislation. mittee of the Whole may accord priority in islation isn’t just important to the I reserve the balance of my time. recognition on the basis of whether the moms and dads and husbands and wives Mr. HASTINGS of Florida. I yield Member offering an amendment has caused of the loved ones serving overseas. This myself such time as I may consume. it to be printed in the portion of the Con- legislation is important to all Ameri- Mr. Speaker, H.R. 2219, the Defense gressional Record designated for that pur- cans. This appropriations bill ensures Department Appropriations Act for fis- pose in clause 8 of rule XVIII. Amendments that the men and women in our Armed cal year 2012, represents $530 billion in so printed shall be considered as read. When Forces are equipped with the tools and the committee rises and reports the bill back regular discretionary spending, $8.9 bil- to the House with a recommendation that the resources they need to get the job lion below the President’s request, but the bill do pass, the previous question shall done. It’s a bill that ensures we can $17 billion above the fiscal year 2011 en- be considered as ordered on the bill and continue to go to bed at night and be acted level. amendments thereto to final passage with- safe and sound in our homes, knowing Before going further into my re- out intervening motion except one motion to our troops are protecting our Nation marks, I would like to thank my friend recommit with or without instructions. and our way of life. and fellow Floridian for yielding time SEC. 2. (a)(1) During the 112th Congress, it Mr. Speaker, I had the honor and shall not be in order to consider an amend- to me, and I extend a personal thanks ment to a general appropriation bill pro- privilege of visiting Iraq and Afghani- to him and his family, and particularly posing both a decrease in an appropriation stan and Pakistan during the last con- his three sons that are serving in the designated pursuant to section 301 of House stituent work week. While there, I got Army. I don’t have three sons, but I Concurrent Resolution 34 and an increase in to meet many military leaders, our al- had three uncles who served in the an appropriation not so designated, or vice lies, but, most importantly, our troops Army in another era, in the Second versa. on the ground. I saw with my own eyes World War. And as I was proud of them, (2) Paragraph (1) shall not apply to an the equipment they’re working with amendment between the Houses. I am also proud of Mr. NUGENT’s sons (b) With respect to H.R. 2219, subsection (a) and the environment that they’re and the many families and servicemen shall apply only in the Committee of the working in. I saw what they had and and -women in our military. Whole. heard about what they needed to get From pay raises for military oper- The SPEAKER pro tempore. The gen- their jobs done. And this legislation is ations, this legislation offers a basi- tleman from Florida is recognized for 1 vital to giving our men and women in cally reasonable and comprehensive ap- hour. uniform the resources they need to per- proach to our Nation’s defense activi- Mr. NUGENT. For the purpose of de- form their mission and, more impor- ties. bate only, I yield the customary 30 tantly, to get them home safely. minutes to the gentleman from Florida Mr. Speaker, while I support our b 1240 (Mr. HASTINGS), pending which I yield troops no matter where the President Yet I’m deeply concerned by really myself such time as I may consume. sends them, I also believe we need to the staggering amounts of money this During consideration of this resolu- focus on the wars we’re already fight- country continues to devote to the tion, all time yielded is for the purpose ing. To that end, I’m sorry there aren’t military. At a time of fiscal austerity of debate only. restrictions on using these funds in when the majority is slashing tens of GENERAL LEAVE Libya. I thank Chairman YOUNG and billions of dollars from essential social Mr. NUGENT. Mr. Speaker, I ask Ranking Member DICKS for not appro- programs, it’s, in my view, absurd that unanimous consent that all Members priating for further hostilities in that we continue to exempt the Department

VerDate Mar 15 2010 00:44 Jun 24, 2011 Jkt 099060 PO 00000 Frm 00014 Fmt 7634 Sfmt 0634 E:\CR\FM\A23JN7.010 H23JNPT1 rfrederick on DSKD9S0YB1PROD with HOUSE June 23, 2011 CONGRESSIONAL RECORD — HOUSE H4477 of Defense from the same scrutiny that gether at a refugee camp in Nemili and A recent article in the New Yorker we apply to our domestic programs. previous to that in Mombasa, Kenya. magazine noted that the Pakistani For all of the rhetoric that I have I’ve seen our food aid around the world military submits expense claims every heard through the years from my col- reduce the kind of anti-American ex- month to the United States Embassy leagues on the other side of the aisle tremism that often festers in these rein Islamabad. No receipts are provided about runaway spending, the fact of gions and manifests itself into con- and none are even requested. We’re the matter is that Republicans actu- flicts that we wind up having to go and sending money out the door into one of ally increased spending in this bill. fight about. the most conflict-ridden regions of the While they insist that more families So the reality, Mr. Speaker, is that world without so much as an under- must go hungry, fewer students need to food aid is actually critical to our na- standing of where that money is going, go to college, fewer firefighters and tional security. And the spending that what exactly it is being used for, who teachers need to work in our cities, and we do to preempt or prevent conflicts in Pakistan is giving it to whom, and fewer jobs need to be created, the Re- means the less money that we have to why someone is receiving it. We know publican majority believes that $649 spend later fighting them. that the Pakistani military and intel- billion still isn’t quite enough. We’re doing a disservice to our serv- ligence community support some of the The United States accounts for 43 icemen and -women by cutting pro- extremist groups that are engaged percent of all military spending on grams that reduce the risk of war while against United States interests and Earth. We already outspend Russia and adding billions to programs that create which have committed acts of ter- China, the next biggest spenders, by a ever-more powerful methods to wage rorism against civilians. factor of six. We tell teachers they war. At the same time, we need to rec- So again, Mr. Speaker, I come around can’t get classroom supplies, but we ognize that the increasing amounts we to the point that we spend absolutely don’t tell admirals that they can’t spend on the military means the less too much money on military and de- have more submarines. We tell mayors money we have here at home to address fense matters that we do not give half that they can’t have more cops, but we our pressing domestic concerns. the same attention to debating as we All of us heard the President of the don’t tell generals that they can’t have do about cutting nutrition support, as United States last night speak to this more ballistic missiles. And we tell is proposed for women, infants and issue, that while it may appear and Americans that they can’t get their children or financial aid to college stu- might readily be perceived as nation dents. roads fixed or their levies strength- building that we are doing in some ened, but here we are funding a next countries, it is time for us, as the b 1250 generation of nuclear weapons, not to President said, to begin domestic When Belle Glade, Florida, in the mention that we already have enough building. congressional district that I serve, nuclear weapons to kill everybody on When I went to Iraq a few years ago, comes looking for less than $1 million Earth 25 times over. they showed us the remains of a water to fix their infrastructure and provide Mr. Speaker, we need to recognize treatment plant. We spent 14 million jobs for their local residents, the Re- that our priorities are askew and our U.S. dollars building that plant, and publican majority has a whole long list spending on defense is unsustainable. just as soon as it was finished, some- of reasons of why we can’t afford it. Let me give you an example: body came and blew it up. Mr. Speaker, And yet, before us today, I see $5 bil- The Republican majority recently I see us building water treatment lion for two submarines, $2 billion for cut one-third, or proposed cutting one- plants in Basra and in Baghdad, in one destroyer, and $6 billion for 32 third of the budget—almost $500 mil- Kandahar and Kabul. But I don’t see us fighter jets. lion—from the Food for Peace program. building much-needed water treatment I maintain, Mr. Speaker, that our Over the course of almost 50 years, this plants in the cities of the Glades that level of defense spending is on an program has delivered lifesaving food I represent—Belle Glade, Pahokee, and unsustainable course. And at a time supplies to over 3 billion people. As Clewiston—as well as others, Deerfield when we are demanding that the Amer- John F. Kennedy correctly noted when Beach, and Miramar, my hometown, ican people do more with much, much he was running for President, ‘‘food is I’ve had requests for water treatment less, we also have to make choices and peace.’’ Yet these cuts mean that mil- matters, as well as Riviera Beach. set priorities when it comes to our Na- lions of people in vulnerable and under- Every year cities and counties in the tion’s military spending. developed regions of the world will not congressional district that I’m privi- Mr. Speaker, I reserve the balance of receive food aid from the United leged to serve come begging and asking my time. States. for money to support infrastructure Mr. NUGENT. Mr. Speaker, I want to The Arab Spring uprisings that arose projects that no one is likely to blow thank the gentleman from Florida (Mr. in Tunisia were largely because of the up, and yet we don’t fund them. HASTINGS). I agree with a lot of what concerns for food, and that is true else- I don’t say that we shouldn’t help the he said. where in the Middle East and North Af- Iraqi or the Afghan people develop We talk about Pakistan, and I just rica. And this particular year should be their country, but I do say that we came from there. We talk about the a reminder that conflict erupts when ought to be mindful that in our own threat that the Taliban that are hiding people go without their most basic country we have bridges collapsing, in Pakistan pose to our troops in Af- needs, including food. dams breaking, levies failing, roads ghanistan, and we talk about that At the same time when people see crumbling, and water utilities leaking every day. We talk about the inaction that the food they receive is coming away. We simply cannot justify to the of the Pakistani military and the ISI from the United States—and I’ve had American people our willingness to in particularly rooting out those that the good fortune of visiting around the spend tens of billions of dollars in Iraq are killing more U.S. troops in Afghan- world, having served over a period of and Afghanistan while neglecting those istan than anything else. time, 8 years over a period of 10 years same efforts here at home. I would like to see more direct in- on the Intelligence Committee here in Finally, Mr. Speaker, this measure volvement as relates to Pakistan and Congress and having served previous to contains several billion dollars in aid their military on accountability issues that on the Foreign Affairs Committee to Pakistan. As I have said before, you that Mr. HASTINGS brought up, about and now serving on the Committee for can’t readily say the word ‘‘Afghani- the ability for us to make sure that if Security and Cooperation in Europe, I stan’’ without also saying the word they’re going to be allies in this fight have had an opportunity to see first- ‘‘Pakistan.’’ To the extent that we are against terrorism and particularly hand in Germany countless amounts of involved in Afghanistan, we also are in- against the Taliban, that they truly food stamped with ‘‘USA’’ on them, volved in Pakistan. But we send bil- are. and I’ve seen them in camps, and I suf- lions of dollars to Pakistan only to see But in regards to this bill, the under- fer with the people now in southern large sums of that money being used lying legislation, this is $9 billion less Sudan. My colleague, DONALD PAYNE, against American interests, funding than what the President of the United and a former colleague, Harry John- the very same extremist groups that States requested for military DOD allo- ston from West Palm Beach, were to- we are trying to eliminate. cations this year, for 2012, $9 billion

VerDate Mar 15 2010 00:44 Jun 24, 2011 Jkt 099060 PO 00000 Frm 00015 Fmt 7634 Sfmt 0634 E:\CR\FM\K23JN7.029 H23JNPT1 rfrederick on DSKD9S0YB1PROD with HOUSE H4478 CONGRESSIONAL RECORD — HOUSE June 23, 2011 less than the President’s request. And mothers that we won’t pay for food We cut social services programs here some of it is to restock our National stamps. We cannot pay for war while at home and around the world at our Guard and Reserve units that have our bridges and our roads are crum- own peril. For when people lack food, been decimated over the years in re- bling. lack resources, lack dignity, lack a fu- gards to fighting wars in two different We cannot afford to make bombs and ture and lack hope, their nations will countries. It’s about giving our troops guns. We must use our resources to much more easily succumb to the kind a pay raise. It’s about taking care of solve the problems of humankind, to of extremism, violence, and instability their medical needs and research in rebuild and not to tear down, to reconcile that we are spending billions fighting. gards to providing medical care for and not to divide, to love and not to I have no quarrel with providing the those that are in the military. And hate, to heal and not to kill. necessary funding to support our serv- guess what? That also then bleeds out If we want to create a beloved com- icemen and -women or to carry out into the civilian world in regards to munity, create a beloved world, a world their missions. Our Nation needs a lean those applications that are developed that is at peace with itself, if that is and powerful and effective military. in the military. our goal, our way must be love, peace, And we owe a debt of gratitude—as has It is about our core mission. The and nonviolence, skilled diplomacy not been expressed and likely will be con- Constitution is clear about our core military might. tinuously throughout this appropria- mission in regards to national defense. We must lay down the tools and in- tions process—to the members of the It talks specifically about this Nation struments of war and violence. Stop military and their families for the sac- and what this responsibility is of this paying for war. Believe in the power of rifices they make and the devotion to Congress in regards to national de- peace and end this war. duty they demonstrate. When they are Mr. NUGENT. I have no further re- fense. sent on difficult missions overseas, it’s quests for time, and I reserve the bal- I said earlier what does trouble me is our duty to see that they have our full ance of my time. that, in this, our chairman did a great Mr. HASTINGS of Florida. Thank and complete support. job of not putting funding in to fund But we also have great needs in this you, Mr. NUGENT. Again, I appreciate any more incursions into Libya, but it your complimentary remarks regard- country, and we cannot continue to doesn’t restrict it right now. And ing mine, and I compliment you with slash funding for essential programs there’s going to be discussion on Libya regard to yours. I don’t think we have here at home in favor of ever-increas- coming up later today. a single bit of daylight between us ing funding for wars abroad. We cannot But I’ve got to give credit to the when it comes to the support of the continue spending money overseas that chairman of the committee, of the sub- men and women that are in the mili- will go to waste when water treatment committee, in regards to appropria- tary. plants get blown up. We can’t continue tions that they really have crafted a I do quarrel with, across the 14th funding dubious efforts in regions piece of legislation that has bipartisan Street bridge, the amount of money where our money trickles down to the support in that committee. There’s bi- that we spend at the Pentagon. I have very extremists it is supposed to be de- partisan support across the board in re- personally seen generals serving gen- feating. And we cannot keep increasing gards to where we need to go in regards erals. And somewhere along the line, our military budget year after year to keeping this Nation safe against that just does not add up to frugality. while devastating essential programs threats, known and unknown, in the fu- Mr. Speaker, the legislation before us are left by the wayside here at home. ture. provides a comprehensive accounting I do have one concern about this rule, I reserve the balance of my time. of our Nation’s military activities and and that is the new section that was Mr. HASTINGS of Florida. Mr. includes much deserved pay raises for added to this rule at the last minute Speaker, I am very, very pleased to our troops, critical funding for health that set forth restrictions on the yield 4 minutes to my very good friend, programs, and disease research. amendment process. the gentleman from Georgia (Mr. Let’s make it very clear. The only At this time, Mr. Speaker, I yield LEWIS), an icon in this Nation and a thing that we could afford was a less back the balance of my time. passionate person on the subject at than 2 percent raise for our troops. And Mr. NUGENT. Mr. Speaker, I support hand. I personally, and I believe Chairman the rule and the underlying legislation, Mr. LEWIS of Georgia. Mr. Speaker, YOUNG of the subcommittee and the and I encourage my colleagues to sup- I rise today because the American peo- distinguished Floridian who has served port it as well. ple have grown weary of war. War de- on this committee for a protracted pe- I know that since I’ve come to the stroys the dreams, the hopes, the aspi- riod of time and has no peer when it House, I’ve gotten up here and talked rations, and the longings of a people. comes to support of the military—he time and time again about our govern- A wise man once said, ‘‘Every gun did have one peer that I know ex- ment’s core mission. There is no doubt that is made, every warship launched, tremely well, and he does as well, and there is nothing more central to the every rocket fired signifies, in the final that’s Ike Skelton, who was not re- purpose of government than to provide sense, a theft from those who hunger elected. for our Nation’s defenses. It’s in the and are not fed, those who are cold and Preamble of the Constitution: Provide are not clothed. This world in arms is b 1300 for the common defense. It’s in the not spending money alone. It is spend- We miss Ike and the extraordinary oath we took when we were sworn into ing the sweat of its laborers, the genius service that he put forward on behalf of office to defend the Constitution of the of its scientists, hopes of its children.’’ this country, first as a soldier and then United States against all enemies, for- These are not the words of Dr. Martin as a Congressperson. eign and domestic. Luther King, Jr. These are not the We can come up with the necessary H.R. 2219 fulfills our constitutional words of Gandhi. These are the words expenditures to keep our military well- duty to provide for our Nation’s de- of a five-star General, President equipped, well-trained, and superior to fense. Additionally, H. Res. 320 ensures Dwight Eisenhower. any other force, but at the same time that we will review this legislation We have spent billions of dollars. we need to devote greater attention to completely in an open and transparent Thousands of our sons and daughters the use of these precious resources. I manner that all American people de- have been left dead on the battlefield wish that the Republican majority serve to see. and scarred by the brutality of war. would have devoted as much concern Mr. Speaker, I yield back the balance I’m glad that the President is bringing for the non-defense portion of our of my time, and I move the previous 10,000 soldiers home from Afghanistan, budget as they do to the vast level of question on the resolution. but we must do more to end this war spending contained in this measure. We The SPEAKER pro tempore. The and start investing in our future. need to appreciate that spending question is on ordering the previous We cannot continue to fund this war money on conflict prevention, as my question. while we tell our seniors there is no friend Mr. LEWIS pointed out, is far, far The question was taken; and the money for Medicare. We cannot fund cheaper in the long run than spending Speaker pro tempore announced that war and tell our children and young money on conflict engagement. the ayes appeared to have it.

VerDate Mar 15 2010 00:44 Jun 24, 2011 Jkt 099060 PO 00000 Frm 00016 Fmt 7634 Sfmt 0634 E:\CR\FM\K23JN7.030 H23JNPT1 rfrederick on DSKD9S0YB1PROD with HOUSE June 23, 2011 CONGRESSIONAL RECORD — HOUSE H4479 Mr. NUGENT. Mr. Speaker, on that I Boswell Heinrich Payne 320—the Rule for H.R. 2219—Department of Brady (PA) Higgins Pelosi demand the yeas and nays. Braley (IA) Himes Perlmutter Defense Appropriations Act, 2012. The yeas and nays were ordered. Brown (FL) Hinchey Peters The SPEAKER pro tempore. The The vote was taken by electronic de- Butterfield Hinojosa Peterson question is on the resolution. Capps Hochul Pingree (ME) The question was taken; and the vice, and there were—yeas 247, nays Capuano Holt Polis 168, not voting 16, as follows: Cardoza Honda Price (NC) Speaker pro tempore announced that [Roll No. 479] Carnahan Hoyer Quigley the ayes appeared to have it. Carson (IN) Inslee Rahall RECORDED VOTE YEAS—247 Castor (FL) Israel Reyes Chandler Jackson (IL) Richardson Mr. NUGENT. Mr. Speaker, I demand Adams Gibbs Nugent Chu Jackson Lee Richmond Aderholt Gibson Nunes a recorded vote. Cicilline (TX) Rothman (NJ) Akin Gohmert Nunnelee A recorded vote was ordered. Clarke (MI) Johnson (GA) Roybal-Allard Alexander Goodlatte Olson Clarke (NY) Johnson, E. B. Ruppersberger The vote was taken by electronic de- Altmire Gosar Palazzo Clay Kaptur Rush Amash Gowdy Paul vice, and there were—ayes 251, noes 173, Cleaver Keating Ryan (OH) Austria Granger Paulsen not voting 7, as follows: Cohen Kildee Sa´ nchez, Linda Bachmann Graves (GA) Pearce Connolly (VA) Kind T. [Roll No. 480] Bachus Graves (MO) Pence Conyers Kucinich Sanchez, Loretta Barletta Griffin (AR) Petri AYES—251 Cooper Langevin Sarbanes Bartlett Griffith (VA) Pitts Costa Larsen (WA) Schakowsky Adams Gallegly McMorris Barton (TX) Grimm Platts Costello Lee (CA) Schiff Aderholt Gardner Rodgers Bass (NH) Guinta Poe (TX) Courtney Levin Schrader Akin Garrett Meehan Benishek Guthrie Pompeo Critz Lewis (GA) Schwartz Alexander Gerlach Mica Berg Hall Posey Crowley Lipinski Scott (VA) Altmire Gibbs Miller (FL) Biggert Hanna Price (GA) Cuellar Loebsack Scott, David Amash Gibson Miller (MI) Bilbray Harper Quayle Cummings Lofgren, Zoe Serrano Austria Gohmert Miller, Gary Bilirakis Harris Reed Davis (CA) Lowey Sewell Bachus Goodlatte Mulvaney Bishop (UT) Hartzler Rehberg Davis (IL) Luja´ n Sherman Barletta Gosar Murphy (PA) Black Hastings (WA) Reichert DeFazio Lynch Sires Bartlett Gowdy Myrick Blackburn Hayworth Renacci DeGette Maloney Slaughter Barton (TX) Granger Neugebauer Bonner Heck Ribble DeLauro Markey Speier Bass (NH) Graves (GA) Noem Bono Mack Hensarling Rigell Deutch Matsui Stark Benishek Graves (MO) Nugent Boren Herger Rivera Dingell McCarthy (NY) Sutton Berg Griffin (AR) Nunes Boustany Herrera Beutler Roby Doggett McCollum Thompson (CA) Biggert Griffith (VA) Nunnelee Brady (TX) Huelskamp Roe (TN) Doyle McGovern Thompson (MS) Bilbray Grimm Olson Brooks Huizenga (MI) Rogers (AL) Edwards McIntyre Tierney Bilirakis Guinta Palazzo Broun (GA) Hultgren Rogers (KY) Ellison McNerney Tonko Bishop (GA) Guthrie Paul Buchanan Hunter Rogers (MI) Engel Meeks Towns Bishop (UT) Hall Paulsen Bucshon Issa Rohrabacher Eshoo Michaud Tsongas Black Hanna Pearce Buerkle Jenkins Rokita Farr Miller (NC) Van Hollen Blackburn Harper Pence Burgess Johnson (IL) Rooney Fattah Miller, George Vela´ zquez Bonner Harris Peterson Burton (IN) Johnson (OH) Ros-Lehtinen Filner Moore Visclosky Bono Mack Hartzler Petri Calvert Johnson, Sam Roskam Frank (MA) Moran Walz (MN) Boren Hastings (WA) Pitts Camp Jones Ross (AR) Fudge Murphy (CT) Wasserman Boustany Hayworth Platts Campbell Jordan Ross (FL) Gonzalez Nadler Schultz Brady (TX) Heck Poe (TX) Canseco Kelly Royce Green, Al Neal Watt Brooks Hensarling Pompeo Cantor King (IA) Runyan Green, Gene Olver Waxman Broun (GA) Herger Posey Capito King (NY) Ryan (WI) Grijalva Owens Welch Buchanan Herrera Beutler Price (GA) Carney Kingston Scalise Gutierrez Pallone Wilson (FL) Bucshon Huelskamp Quayle Carter Kinzinger (IL) Schilling Hanabusa Pascrell Wu Buerkle Huizenga (MI) Reed Cassidy Kissell Schmidt Hastings (FL) Pastor (AZ) Yarmuth Burgess Hultgren Rehberg Chabot Kline Schock Burton (IN) Hunter Reichert Chaffetz Labrador Schweikert NOT VOTING—16 Calvert Inslee Renacci Clyburn Lamborn Scott (SC) Camp Issa Ribble Coble Lance Scott, Austin Ackerman Hirono Rangel Bass (CA) Holden Stivers Campbell Jenkins Rigell Coffman (CO) Landry Sensenbrenner Canseco Johnson (IL) Rivera Becerra Hurt Waters Cole Lankford Sessions Cantor Johnson (OH) Roby Garamendi Larson (CT) Woolsey Conaway Latham Shimkus Capito Johnson, Sam Roe (TN) Cravaack LaTourette Shuler Giffords McDermott Gingrey (GA) Napolitano Carter Jones Rogers (AL) Crawford Latta Shuster Cassidy Jordan Rogers (KY) Crenshaw Lewis (CA) Simpson b 1334 Chabot Kelly Rogers (MI) Culberson LoBiondo Smith (NE) Chaffetz King (IA) Rohrabacher Davis (KY) Long Smith (NJ) Messrs. WATT and GENE GREEN of Chandler King (NY) Rokita Denham Lucas Smith (TX) Texas changed their vote from ‘‘yea’’ Coble Kingston Rooney Dent Luetkemeyer Smith (WA) to ‘‘nay.’’ Coffman (CO) Kinzinger (IL) Ros-Lehtinen DesJarlais Lummis Southerland Cole Kissell Roskam Diaz-Balart Lungren, Daniel Stearns Messrs. GOHMERT, ROYCE and Conaway Kline Ross (AR) Dicks E. Stutzman KINGSTON changed their vote from Cravaack Labrador Ross (FL) Dold Mack Sullivan ‘‘nay’’ to ‘‘yea.’’ Crawford Lamborn Royce Donnelly (IN) Manzullo Terry So the previous question was ordered. Crenshaw Lance Runyan Dreier Marchant Thompson (PA) Culberson Landry Ryan (WI) Duffy Marino Thornberry The result of the vote was announced Davis (KY) Lankford Scalise Duncan (SC) Matheson Tiberi as above recorded. Denham Larsen (WA) Schilling Duncan (TN) McCarthy (CA) Tipton Stated against: Dent Latham Schmidt Ellmers McCaul Turner Ms. HIRONO. Mr. Speaker, on rollcall No. DesJarlais LaTourette Schock Emerson McClintock Upton Diaz-Balart Latta Schweikert Farenthold McCotter Walberg 479, had I been present, I would have voted Dicks Lewis (CA) Scott (SC) Fincher McHenry Walden ‘‘no.’’ Dold LoBiondo Scott, Austin Fitzpatrick McKeon Walsh (IL) Ms. WOOLSEY. Madam Speaker, I was un- Donnelly (IN) Long Sensenbrenner Flake McKinley Webster avoidably detained and was unable to record Dreier Lucas Sessions Fleischmann McMorris West Duffy Luetkemeyer Shimkus Fleming Rodgers Westmoreland my vote for rollcall No. 479. Had I been Duncan (SC) Lummis Shuler Flores Meehan Whitfield present I would have voted: rollcall No. 479: Duncan (TN) Lungren, Daniel Shuster Forbes Mica Wilson (SC) ‘‘No’’—On Ordering the Previous Question. Ellmers E. Simpson Fortenberry Miller (FL) Wittman Emerson Mack Smith (NE) Foxx Miller (MI) Wolf Mr. BECERRA. Mr. Speaker, earlier today I Farenthold Manzullo Smith (NJ) Franks (AZ) Miller, Gary Womack was unavoidably detained and missed rollcall Fincher Marchant Smith (TX) Frelinghuysen Mulvaney Woodall vote 479. If present, I would have voted ‘‘no’’ Fitzpatrick Marino Smith (WA) Gallegly Murphy (PA) Yoder on rollcall vote 479. Flake Matheson Southerland Gardner Myrick Young (AK) Fleischmann McCarthy (CA) Stearns Garrett Neugebauer Young (FL) Mrs. NAPOLITANO. Mr. Speaker, on Thurs- Fleming McCaul Stutzman Gerlach Noem Young (IN) day, June 23, 2011, I was absent during roll- Flores McClintock Sullivan Forbes McCotter Terry NAYS—168 call vote No. 479 in order to attend my grandson’s graduation. Had I been present, I Fortenberry McHenry Thompson (PA) Andrews Barrow Bishop (GA) Foxx McIntyre Thornberry Baca Berkley Bishop (NY) would have voted ‘‘no’’ on the Motion on Or- Franks (AZ) McKeon Tiberi Baldwin Berman Blumenauer dering the Previous Question on H. Res. Frelinghuysen McKinley Tipton

VerDate Mar 15 2010 02:08 Jun 24, 2011 Jkt 099060 PO 00000 Frm 00017 Fmt 7634 Sfmt 0634 E:\CR\FM\K23JN7.033 H23JNPT1 rfrederick on DSKD9S0YB1PROD with HOUSE H4480 CONGRESSIONAL RECORD — HOUSE June 23, 2011 Turner West Woodall amendment and I registered my vote as such. Bilirakis Guthrie Paulsen Upton Westmoreland Yoder Unfortunately, due to a staffing error, it was Bishop (GA) Hall Pearce Visclosky Whitfield Young (AK) Bishop (UT) Hanabusa Pence Walberg Wilson (SC) Young (FL) still the same rollcall vote 480, and my ‘‘aye’’ Black Hanna Perlmutter Walden Wittman Young (IN) was mistakenly changed to ‘‘no.’’ To be clear, Blackburn Harper Peterson Walsh (IL) Wolf I do support the rule providing for consider- Bonner Harris Petri Webster Womack Bono Mack Hastings (WA) Pitts ation of the FY2012 Department of Defense Boren Hayworth Platts NOES—173 Appropriations Bill. Boswell Heck Poe (TX) Ackerman Fudge Owens Stated against: Boustany Hensarling Pompeo Andrews Garamendi Pallone Ms. NAPOLITANO. Mr. Speaker, on Thurs- Brady (TX) Herger Price (GA) Baca Gonzalez Pascrell Braley (IA) Herrera Beutler Price (NC) Bachmann Green, Al Pastor (AZ) day, June 23, 2011, I was absent during roll- Buchanan Himes Quayle Baldwin Green, Gene Payne call vote No. 480 in order to attend my Bucshon Hinchey Quigley Barrow Grijalva Pelosi grandson’s graduation. Had I been present, I Buerkle Hochul Rahall Bass (CA) Gutierrez Burgess Hoyer Reed Perlmutter would have voted ‘‘no’’ on H. Res. 320—Rule Becerra Hanabusa Peters Burton (IN) Huelskamp Rehberg Berkley Hastings (FL) Pingree (ME) providing for consideration of H.R. 2219—De- Butterfield Huizenga (MI) Reichert Berman Heinrich Polis partment of Defense Appropriations Act, 2012. Calvert Hultgren Renacci Bishop (NY) Higgins Price (NC) Camp Inslee Ribble Blumenauer Himes Quigley f Campbell Issa Richardson Boswell Hinchey Rahall Canseco Jackson Lee Richmond Brady (PA) Hinojosa Reyes AMERICA INVENTS ACT Cantor (TX) Rigell Braley (IA) Hirono Richardson Capito Jenkins Rivera Brown (FL) Hochul Capuano Johnson (GA) Roby Richmond The SPEAKER pro tempore (Mr. Butterfield Holt Carnahan Johnson (OH) Roe (TN) Rothman (NJ) WOODALL). Pursuant to House Resolu- Capps Honda Carney Johnson, Sam Rogers (AL) Roybal-Allard Capuano Hoyer tion 316 and rule XVIII, the Chair de- Carter Jordan Rogers (KY) Ruppersberger Cardoza Israel clares the House in the Committee of Cassidy Keating Rogers (MI) Rush Carnahan Jackson (IL) Chabot Kelly Rokita Ryan (OH) the Whole House on the State of the Carney Jackson Lee Chaffetz King (NY) Rooney Sa´ nchez, Linda Carson (IN) (TX) Union for the further consideration of Chandler Kingston Ros-Lehtinen T. Castor (FL) Johnson (GA) the bill, H.R. 1249. Cicilline Kinzinger (IL) Roskam Sanchez, Loretta Chu Johnson, E. B. Coble Kissell Ross (AR) Sarbanes Cicilline Kaptur 1351 Coffman (CO) Kline Ross (FL) Schakowsky b Clarke (MI) Keating Cohen Labrador Rothman (NJ) Clarke (NY) Kildee Schiff IN THE COMMITTEE OF THE WHOLE Cole Lamborn Runyan Clay Kind Schrader Conaway Langevin Ruppersberger Schwartz Accordingly, the House resolved Cleaver Kucinich itself into the Committee of the Whole Connolly (VA) Lankford Rush Clyburn Langevin Scott (VA) Cooper Larsen (WA) Ryan (WI) Cohen Larson (CT) Scott, David House on the State of the Union for the Costello Larson (CT) Sa´ nchez, Linda Connolly (VA) Lee (CA) Serrano further consideration of the bill (H.R. Courtney Latham T. Sewell Conyers Levin 1249) to amend title 35, United States Cravaack LaTourette Sarbanes Cooper Lewis (GA) Sherman Crawford Latta Scalise Costa Lipinski Sires Code, to provide for patent reform, Crenshaw Lewis (CA) Schilling Costello Loebsack Slaughter with Mr. POE of Texas (Acting Chair) in Critz LoBiondo Schmidt Courtney Lofgren, Zoe Speier the chair. Crowley Loebsack Schrader Stark Critz Lowey The Clerk read the title of the bill. Cuellar Long Schwartz Crowley Luja´ n Sutton Culberson Lowey Schweikert Cuellar Lynch Thompson (CA) The Acting CHAIR. When the Com- Davis (KY) Lucas Serrano Cummings Maloney Thompson (MS) mittee of the Whole rose on Wednes- DeLauro Luetkemeyer Sessions Davis (CA) Markey Tierney day, June 22, 2011, a request for a re- Denham Lummis Sewell Davis (IL) Matsui Tonko Dent Lungren, Daniel Shimkus DeFazio McCarthy (NY) Towns corded vote on amendment No. 1 print- DesJarlais E. Shuler DeGette McCollum Tsongas ed in part B of House Report 112–111 of- Diaz-Balart Maloney Shuster DeLauro McDermott Van Hollen fered by the gentleman from Texas Dicks Marchant Simpson Deutch McGovern Vela´ zquez Dold Marino Sires (Mr. SMITH) had been postponed. Dingell McNerney Walz (MN) Donnelly (IN) Matheson Smith (NE) Doggett Meeks Wasserman AMENDMENT NO. 1 OFFERED BY MR. SMITH OF Dreier McCarthy (CA) Smith (NJ) Doyle Michaud Schultz TEXAS Duffy McCarthy (NY) Smith (TX) Edwards Miller (NC) Waters The Acting CHAIR. Pursuant to Duncan (TN) McCaul Smith (WA) Ellison Miller, George Watt Ellmers McCollum Southerland Engel Moore Waxman clause 6 of rule XVIII, proceedings will Emerson McCotter Stutzman Eshoo Moran Welch now resume on the amendment printed Engel McGovern Sullivan Farr Murphy (CT) Wilson (FL) in part B of House Report 112–111 on Farenthold McHenry Thompson (PA) Fattah Nadler Woolsey Fattah McIntyre Thornberry Filner Neal Wu which further proceedings were post- Fincher McKeon Tiberi Frank (MA) Olver Yarmuth poned. Fitzpatrick McKinley Tipton Fleischmann McMorris Upton NOT VOTING—7 The unfinished business is the demand for a recorded vote on the Fleming Rodgers Visclosky Giffords Hurt Stivers Flores Meehan Walberg Gingrey (GA) Napolitano amendment offered by the gentleman Forbes Meeks Walden Holden Rangel from Texas (Mr. SMITH) on which fur- Fortenberry Mica Walsh (IL) ther proceedings were postponed and Foxx Michaud Wasserman ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE Frelinghuysen Miller (MI) Schultz The SPEAKER pro tempore (during on which the noes prevailed by voice Gallegly Miller, Gary Welch the vote). There are 2 minutes remain- vote. Gardner Moran West ing in this vote. The Clerk will redesignate the Gerlach Mulvaney Westmoreland amendment. Gibbs Murphy (CT) Whitfield b 1351 Gibson Murphy (PA) Wilson (FL) The Clerk redesignated the amend- Gohmert Myrick Wilson (SC) Mr. BERMAN changed his vote from ment. Goodlatte Neal Wittman Gosar Neugebauer Wolf ‘‘aye’’ to ‘‘no.’’ RECORDED VOTE Gowdy Noem Womack Mr. MCINTYRE changed his vote The Acting CHAIR. A recorded vote Granger Nugent Woodall from ‘‘no’’ to ‘‘aye.’’ has been demanded. Graves (GA) Nunes Wu So the resolution was agreed to. A recorded vote was ordered. Graves (MO) Nunnelee Yarmuth Griffin (AR) Olson Yoder The result of the vote was announced The vote was taken by electronic de- as above recorded. Griffith (VA) Olver Young (AK) vice, and there were—ayes 283, noes 140, Grimm Owens Young (FL) A motion to reconsider was laid on not voting 8, as follows: Guinta Palazzo Young (IN) the table. Stated for: [Roll No. 481] NOES—140 Mrs. BACHMANN. Mr. Speaker, when roll- AYES—283 Akin Bass (CA) Blumenauer call vote 480 was called, I registered my vote Ackerman Austria Barton (TX) Amash Becerra Brady (PA) as ‘‘aye’’ and then proceeded to an Intel- Adams Bachus Bass (NH) Andrews Berg Brooks Aderholt Barletta Benishek Baca Berman Broun (GA) ligence briefing. When I returned to the floor, Alexander Barrow Berkley Bachmann Bilbray Brown (FL) it was my intention to vote ‘‘no’’ on the next Altmire Bartlett Biggert Baldwin Bishop (NY) Capps

VerDate Mar 15 2010 02:08 Jun 24, 2011 Jkt 099060 PO 00000 Frm 00018 Fmt 7634 Sfmt 0634 E:\CR\FM\A23JN7.009 H23JNPT1 rfrederick on DSKD9S0YB1PROD with HOUSE June 23, 2011 CONGRESSIONAL RECORD — HOUSE H4481 Cardoza Hinojosa Pelosi order containing the President’s finding that filing a patent behind the inventor’s Carson (IN) Hirono Peters major patenting authorities have adopted a back. Yet the only way for American Castor (FL) Holt Pingree (ME) grace period having substantially the same Chu Honda inventors to benefit from the grace pe- Polis effect as that contained under the amend- Clarke (MI) Hunter Posey riod provision contained in 1249 is to ments made by this section; and Clarke (NY) Israel Reyes ensure that the foreign countries adopt Clay Jackson (IL) (B) shall apply to all applications for pat- Rohrabacher a similar grace period as well. Cleaver Johnson (IL) Roybal-Allard ent that are filed on or after the effective Clyburn Johnson, E. B. Royce date under subparagraph (A). The amendment would encourage Conyers Jones Ryan (OH) (2) DEFINITIONS.—In this subsection: other countries to adopt a similar pe- Costa Kaptur Sanchez, Loretta (A) MAJOR PATENTING AUTHORITIES.—The riod in their patent system consistent Cummings Kildee Schakowsky term ‘‘major patenting authorities’’ means with a recommendation by the Na- Davis (CA) Kind Schiff Davis (IL) King (IA) at least the patenting authorities in Europe tional Academy’s National Research Schock and Japan. DeFazio Kucinich Scott (SC) Council. Current law in the United DeGette Lance RACE PERIOD Scott (VA) (B) G .—The term ‘‘grace pe- Deutch Landry States allows a grace period of 1 year, Scott, David riod’’ means the 1-year period ending on the Dingell Lee (CA) during which an applicant can disclose Sensenbrenner effective filing date of a claimed invention, Doggett Levin Sherman during which disclosures of the subject mat- or commercialize an invention before Doyle Lewis (GA) Slaughter filing for a patent. Japan offers a lim- Duncan (SC) Lipinski ter by the inventor or a joint inventor, or by Edwards Lofgren, Zoe Speier others who obtained the subject matter dis- ited grace period, and Europe provides Ellison Luja´ n Stark closed directly or indirectly from the inven- none. Stearns Eshoo Lynch tor or a joint inventor, do not qualify as If the first-to-file provision in the Farr Mack Sutton prior art to the claimed invention. Filner Manzullo Terry bill is implemented, we must ensure Thompson (CA) (C) EFFECTIVE FILING DATE.— The term ‘‘ef- Flake Markey fective filing date of a claimed invention’’ that American inventors are not dis- Frank (MA) Matsui Thompson (MS) advantaged. Small American inventors Tierney means, with respect to a patenting authority Franks (AZ) McClintock and universities are disadvantaged Fudge McDermott Tonko in another country, a date equivalent to the Garamendi McNerney Towns effective filing date of a claimed invention as abroad in those nations where there is Garrett Miller (FL) Tsongas defined in section 100(i) of title 35, United no grace period. Gonzalez Miller (NC) Turner States Code, as added by subsection (a) of The grace period provision within H.R. 1249 Green, Al Miller, George Van Hollen this section. Green, Gene Moore Vela´ zquez would grant an inventor a one-year period be- (3) RETENTION OF INTERFERENCE PROCE- Grijalva Nadler Walz (MN) tween the time he first publishes his invention DURES WITH RESPECT TO APPLICATIONS FILED Gutierrez Pallone Waters to the time when he is required to file a pat- BEFORE EFFECTIVE DATE.—In the case of any Hartzler Pascrell Watt ent. Hastings (FL) Pastor (AZ) Waxman application for patent that is filed before the Heinrich Paul Webster effective date under paragraph (1)(A), the During this time, this would prohibit anyone Higgins Payne Woolsey provisions of law amended by subsections (h) else from seeing this publication, stealing the NOT VOTING—8 and (i) shall apply to such application as idea, and quickly filing a patent behind the in- such provisions of law were in effect on the ventor’s back. Giffords Hurt Scott, Austin day before such effective date. Yet, the only way for American inventors to Gingrey (GA) Napolitano Stivers Page 11, lines 21-23, strike ‘‘upon the expi- Holden Rangel benefit from the grace period provision con- ration of the 18-month period beginning on ANNOUNCEMENT BY THE ACTING CHAIR the date of the enactment of this Act,’’ and tained in H.R. 1249 is to ensure that foreign countries adopt a grace period, as well. The Acting CHAIR (Mrs. CAPITO) insert ‘‘on the effective date provided in sub- Small American inventors and universities (during the vote). There are 2 minutes section (n)’’. are disadvantaged abroad in those nations remaining in this vote. The Acting CHAIR. Pursuant to House Resolution 316, the gentleman where there is no grace period. As a result, b 1410 from Michigan (Mr. CONYERS) and a they often lose the right to patent because Mr. MACK changed his vote from Member opposed each will control 5 these other countries do not care about pro- ‘‘aye’’ to ‘‘no.’’ minutes. tecting small business and university research. Messrs. BARTLETT and MULVANEY The Chair recognizes the gentleman The United States needs to do more to pro- changed their vote from ‘‘no’’ to ‘‘aye.’’ from Michigan. tect the small inventor and universities not just So the amendment was agreed to. Mr. CONYERS. I ask unanimous con- here but abroad. The result of the vote was announced sent that the gentleman from Cali- Unfortunately, other countries will not do it as above recorded. fornia, DANA ROHRABACHER, be added to on their own even though they want the Stated against: this amendment as a cosponsor. United States to convert to a ‘‘first-to-file’’ sys- Mr. AUSTIN SCOTT of Georgia. Madam The Acting CHAIR. The Chair would tem. Chair, on rollcall No. 481 I was unavoidably advise the gentleman that amendments If H.R. 1249 passes without my Amend- detained. Had I been present, I would have do not have cosponsors. ment, we will be giving away a critical bar- voted ‘‘nay.’’ Mr. CONYERS. I yield myself 21⁄2 gaining chip that we can use to encourage Mrs. NAPOLITANO. Madam Chair, on minutes. other countries to follow our lead. Thursday, June 23, 2011, I was absent during Ladies and gentlemen, this bipar- My Amendment ensures that the only way rollcall vote No. 481 in order to attend my tisan amendment adds an important to benefit from the grace period in H.R. 1249 grandson’s graduation. Had I been present, I provision to H.R. 1249. It would permit is to have foreign countries adopt a grace pe- would have voted ‘‘nay’’ on the Smith (TX) the conversion of the United States to riod. Manager’s Amendment. a first-to-file system only upon a Presi- Without this Amendment, we will be unilater- dential finding that other nations have ally transitioning the United States to a ‘‘first- AMENDMENT NO. 2 OFFERED BY MR. CONYERS adopted a similar one-year grace pe- to-file’’ system with a weak grace period with- The Acting CHAIR. It is now in order riod. This one-year grace period pro- out any incentive for foreign countries to adopt to consider amendment No. 2 printed in tects the ability of an inventor to dis- a grace period. part B of House Report 112–111. cuss or write about his or her ideas for I should also note that identical language Mr. CONYERS. Madam Chairman, I a patent up to a year before he or she was included in H.R. 1908, the ‘‘Patent Re- have an amendment at the desk. actually files for patent protection. form Act of 2007,’’ which the House passed The Acting CHAIR. The Clerk will And without this grace period, an in- on September 7, 2007. designate the amendment. ventor could lose his or her own pat- Accordingly, I urge my colleagues to support The text of the amendment is as fol- ent. this Amendment. lows: This grace period provision within Mr. SMITH of Texas. I rise in opposi- Page 24, strike line 3 and all that follows H.R. 1249 would grant an inventor a tion to the amendment. through page 25, line 12, and insert the fol- one-year period between the time he The Acting CHAIR. The gentleman is lowing: first publishes his invention to the recognized for 5 minutes. (n) EFFECTIVE DATE.— (1) IN GENERAL.—The amendments made by time when he’s required to file a pat- Mr. SMITH of Texas. Madam Chair, this section— ent. During this time, this would pro- the Conyers amendment to tie the (A) shall take effect 90 days after the date hibit anyone else from seeing this pub- changes proposed in the America In- on which the President issues an Executive lication, stealing the idea, and quickly vents Act to future changes that would

VerDate Mar 15 2010 02:08 Jun 24, 2011 Jkt 099060 PO 00000 Frm 00019 Fmt 7634 Sfmt 0634 E:\CR\FM\A23JN7.012 H23JNPT1 rfrederick on DSKD9S0YB1PROD with HOUSE H4482 CONGRESSIONAL RECORD — HOUSE June 23, 2011 be made in foreign law is unworkable. So the first-to-file change makes it that foreign countries adopt the same I oppose providing a trigger in U.S. law easier and less complicated for U.S. in- grace period. And that’s what this that leaves our patent system at the ventors to get patent protection amendment would do. It would say our mercy of actions to be taken at a fu- around the world. And it eliminates bill, which will make our inventors ture date by the Chinese, Russians, the legal bills that come with the in- vulnerable to foreign theft, will not go French, or any other country. It is our terference proceedings under the cur- into place until those foreign countries constitutional duty to write the laws rent system. It is a key provision of have put in place a similar grace pe- for this great land. We cannot delegate this bill that should not be contingent riod, which then would prevent them that responsibility to the whims of for- upon actions by foreign powers and and their citizens from coming in and eign powers. delay what would be positive reforms stealing our technology. Ms. LOFGREN I know that this idea has been float- for independent inventors and our pat- detailed last night in great detail how ed in the past, but after working on ent system. that would work. several pieces of patent legislation The first-inventor-to-file provision is I call this bill basically the Unilat- over the past several Congresses, and necessary for U.S. competitiveness and eral Disclosure Act, if not the Patent particularly this year on H.R. 1249, it innovation. It makes our patent sys- Rip-Off Act, because we are disclosing has become clear that this type of trig- tem stronger, increases patent cer- to the world what we’ve got. And our ger idea is simply not workable and is tainty, and reduces the cost of frivo- people can’t follow up on it because counterproductive. lous litigation. there’s a grace period here, but over- The move to a first-inventor-to-file However, if you support the U.N. hav- seas they don’t have that same grace system creates a more efficient and re- ing military control over our troops, or period. So what we’re saying is, to pre- liable patent system that benefits all if you support the concept of an inter- vent foreigners from stealing American inventors, including independent in- national court at The Hague, then you technology, this will not go into effect ventors. The bill provides a more trans- would support this amendment’s pro- until the President has issued a state- parent and certain grace period, a key posal of a trigger that subjects U.S. do- ment verifying that the other coun- feature of U.S. law, and a more definite mestic law to the whims of govern- tries of the world have a similar grace filing date that enables inventors to ments in Europe, China, or Russia. period so they can’t just at will rip off promote, fund, and market their tech- It really would be unprecedented to America’s greatest entrepreneurs and nology, while making them less vulner- hold U.S. law hostage to legal changes inventors. able to costly patent challenges that made overseas, and would completely The Acting CHAIR. The question is disadvantage independent inventors. go against what this great country on the amendment offered by the gen- Under first-inventor-to-file, an inven- stands for and what our Founders tleman from Michigan (Mr. CONYERS). tor submits an application to the Pat- fought for: the independent rights and The question was taken; and the Act- ent Office that describes their inven- liberties we have today. ing Chair announced that the noes ap- tion and how to make it. That, along For these reasons, Madam Chair, I peared to have it. with a $110 fee, gets them a provisional am strongly opposed to the amend- Mr. CONYERS. Madam Chair, I de- application and preserves their filing ment. mand a recorded vote. date. This allows the inventor an en- I yield back the balance of my time. The Acting CHAIR. Pursuant to tire year to complete the application, clause 6 of rule XVIII, further pro- b 1420 while retaining the earlier filing date. ceedings on the amendment offered by By contrast, the cost of an interference Mr. CONYERS. I yield the balance of the gentleman from Michigan will be proceeding before the PTO often runs my time to the gentleman from Cali- postponed. to $500,000. fornia (Mr. ROHRABACHER). AMENDMENT NO. 3 OFFERED BY MS. BALDWIN The current first-to-invent system The Acting CHAIR. The gentleman The Acting CHAIR. It is now in order harms small businesses and inde- from California is recognized for 21⁄2 to consider amendment No. 3 printed in pendent inventors. Former PTO Com- minutes. part B of House Report 112–111. missioner Gerald Mossinghoff con- Mr. ROHRABACHER. Let’s just note Ms. BALDWIN. Madam Chair, I have ducted a study that proves smaller en- that Ms. LOFGREN last night presented an amendment at the desk. tities are disadvantaged in PTO inter- a case to this body which I felt dem- The Acting CHAIR. The Clerk will ference proceedings that arise from dis- onstrated the danger that we have in designate the amendment. putes over patent ownership under the this law. A move to first-to-file system, The text of the amendment is as fol- current system. Independent inventors which is what this bill would do, with- lows: and small companies lose more often out a corresponding 1-year grace period Strike section 5 (‘‘Defense to Infringement than they win in these disputes, plus in other countries dramatically under- Based on Prior Commercial Use’’), as amend- bigger companies are better able to ab- mines the patent protection of Amer- ed, and redesignate succeeding sections and sorb the cost of participating in these ican inventors. Some of us believe references thereto (and conform the table of that’s the purpose of this bill because contents) accordingly. protracted proceedings. Page 68, line 9, strike ‘‘section 18’’ and in- In addition, many inventors also they want to harmonize American law sert ‘‘section 17’’. want protection for their patents out- with the weak systems overseas. Page 115, line 10, strike ‘‘6(f)(2)(A)’’ and inside the United States. If you plan on Well, without this amendment that sert ‘‘5(f)(2)(A)’’. selling your product overseas, you need we are talking about right now, with- The Acting CHAIR. Pursuant to to secure an early filing date. If you out the Conyers-Rohrabacher amend- House Resolution 316, the gentlewoman don’t have a clear filing date, you can ment, if an inventor discloses his dis- from Wisconsin (Ms. BALDWIN) and a be shut off from the overseas market. coveries, perhaps to potential inves- Member opposed each will control 5 A change to first-inventor-to-file will tors, his right to patent protection is minutes. help our businesses grow and ensure essentially gone. It’s not gone from The Chair recognizes the gentle- that American goods and services will just Americans. Yes, he would be pro- woman from Wisconsin. be available in markets across the tected under American law; but from Ms. BALDWIN. I yield myself 31⁄2 globe. all those people in foreign countries minutes. In the last 7 years, only one inde- without a similar grace period to what Madam Chair, I rise to urge adoption pendent inventor out of 3 million pat- we have here in our system, these peo- of the Baldwin-Sensenbrenner amend- ent applications filed has prevailed ple are not restricted. Thus, they ment that strikes section 5 in the over the inventor who filed first. One could, once an American inventor dis- America Invents Act. Section 5 ex- out of 3 million. So there is no need for closes it, at any time they can go and pands the prior-user rights defense this amendment. Independent inven- file a patent and steal our inventors’ from its present narrow scope to broad- tors lose to other applicants with deep- discoveries. ly apply to all patents with minimal er pockets that are better equipped to The only way for American inventors exceptions. exploit the current complex legal envi- to benefit from a grace period here, As we work to rebuild our economy, ronment. which this bill is all about, is to ensure Congress should be doing all that it can

VerDate Mar 15 2010 02:08 Jun 24, 2011 Jkt 099060 PO 00000 Frm 00020 Fmt 7634 Sfmt 0634 E:\CR\FM\K23JN7.041 H23JNPT1 rfrederick on DSKD9S0YB1PROD with HOUSE June 23, 2011 CONGRESSIONAL RECORD — HOUSE H4483 to foster small business innovation and ple or companies who could later claim facturing jobs and could benefit from investment. I believe that section 5 ‘‘prior use’’? this provision. Without this provision, will do just the opposite. Expanding The Acting CHAIR. The time of the businesses say they may be unable to prior-user rights will be disastrous for gentlewoman has expired. expand their factories and hire Amer- small American innovators, as well as Ms. BALDWIN. I yield myself 15 addi- ican workers if they are prevented university researchers, and ultimately tional seconds. from continuing to operate their facili- slow job creation. If we let section 5 stand, it is unclear ties the way they have for years. Despite current challenges, the U.S. to me whether a similar company b 1430 patent system remains the envy of the would ever secure the funding that world. Since the founding of our Na- they need to grow. For many manufacturers, the patent tion, inventions have been awarded ex- I urge my colleagues to adopt the system presents a catch-22. If they pat- clusive rights in exchange for public Baldwin-Sensenbrenner amendment. ent a process, they disclose it to the disclosure. This system also creates in- I reserve the balance of my time. world and foreign manufacturers will centives for investing in new ideas, fos- Mr. SMITH of Texas. I rise in opposi- learn of it and, in many cases, use it in tering new ways of thinking, and en- tion to the amendment. secret without paying licensing fees. couraging further advancement and The Acting CHAIR. The gentleman is The patents issued on manufacturing disclosures. It promotes progress. recognized for 5 minutes. processes are very difficult to police, If proponents of expanding prior-user Mr. SMITH of Texas. Madam Chair, and oftentimes patenting the idea sim- rights have their way with this legisla- this amendment strikes the prior-user ply means giving the invention away to tion, they will give new rights to those rights provision from the bill. I strong- foreign competitors. On the other who have previously developed and ly oppose this amendment. hand, if the U.S. manufacturer doesn’t used the same process or product even The bill expands prior-user rights—a patent the process, then under the cur- if they never publicly divulged their in- strong, pro-job, pro-manufacturing pro- rent system a later party can get a pat- novation and never even applied for a vision. This provision will help bring ent and force the manufacturer to stop patent. It will transform our patent manufacturing jobs back to this coun- using a process that they independ- system from one that values trans- try. It allows factories to continue ently invented and used. parency to one that rewards secrecy. using manufacturing processes without In recent years, it has become easier To understand why expanding prior- fear of costly litigation. It is abso- for a factory owner to idle or shut user rights runs counter to the public lutely a key component of this bill. down parts of his plant and move oper- interest, it is important to reiterate This provision has the strong support ations and jobs overseas rather than how critical exclusive rights are for in- of American manufacturers and the risk their livelihood through an interventions to gain marketplace value and support of all the major university as- ference proceeding before the PTO. The acquire capital. For start-ups and sociations and technology-transfer as- America Invents Act does away with small businesses, raising necessary sociations. These include the Associa- these proceedings and includes the pro- capital is vital and challenging. The tion of American Universities, Amer- manufacturing and constitutional pro- expansion of prior-user rights would ican Council on Education, Association vision of prior-user rights. only make that task all the more dif- of American Medical Colleges, Associa- This provision creates a powerful in- ficult. tion of Public and Land Grant Univer- centive for manufacturers to build new Under the system proposed in the sities, Association of University Tech- plants and new facilities in the United American Invents Act, investors would nology Managers, and the Council on States. Right now, all foreign countries have no way of determining whether Government Relations representing the recognize prior-user rights, and that anyone had previously developed and vast majority of American Univer- has played a large role in attracting used the process or product that they sities. Prior-user rights ensure that the American manufacturing jobs and fa- were seeking to patent. In such a sce- first inventor of a new process or prod- cilities to these countries. H.R. 1249 fi- nario, a patent might be valuable or uct using manufacturing can continue nally corrects this imbalance and relatively worthless; and the inventor to do so. strongly encourages businesses to cre- and potential investors would have no This provision has been carefully ate manufacturing jobs in this country. means of determining which was true. crafted between stakeholders and the The prior-user rights provision pro- Madam Chairwoman, I would like to university community. The language motes job creation in America. Prior- boast for a moment if I could about provides an effective exclusion for user rights will help manufacturers, Stratatech, a fiercely innovative small most university patents, so this provi- small business and other innovative in- business in Madison run by a top re- sion focuses on helping those in the dustries strengthen our economy. It searcher at the University of Wisconsin private sector. will help our businesses grow and allow who, through her research there, devel- The prior-use defense is not overly innovation to flourish. oped a human living skin substitute. expansive and will protect American I strongly support prior-user rights, This living skin is a groundbreaking manufacturers from having to patent and so I oppose this amendment. treatment method that we hope will ul- the hundreds or thousands of processes I yield back the balance of my time. timately save the lives of American they already use in their plants. Ms. BALDWIN. I yield the balance of troops who have suffered burns while After getting initial input from the my time to the gentleman from Wis- serving in Iraq and Afghanistan. university community, they rec- consin (Mr. SENSENBRENNER). The company was recently awarded ommended that we make the addi- The Acting CHAIR. The gentleman nearly $4 million to continue clinical tional changes reflected in this bill to from Wisconsin is recognized for 11⁄4 trials for their tissue product. And ensure that prior-user rights will work minutes. what can save lives in a desert combat effectively for all private sector stake- Mr. SENSENBRENNER. Madam setting abroad will assuredly transform holders. Chair, this expansion of prior-user the way doctors save lives of burn vic- Prior-user rights are important as rights is a step in the wrong direction. tims in hospitals around our country part of our change to a first-to-file sys- It goes against what this House deter- and around the world. tem. I believe it is important to ensure mined 4 years ago when we last debated Now, I wonder if Stratatech would that we include these rights to help our this issue, and also it is different than have been able to drive this phe- job-creating manufacturers across the what the Senate has done in March of nomenal innovation and life-saving United States. The philosophical objec- this year. technology as far as they have with a tions of a lone tech-transfer office in The fundamental principle of patent patent that provides only conditional Wisconsin should not counter the po- law is disclosure, and the provision in exclusivity. Would investors have felt tential of this provision for job cre- this bill that the amendment seeks to as secure advancing this technology in ation throughout America. strike goes directly against disclosure a system shrouded in secrecy? What if There are potentially thousands or and instead encourages people who Stratatech’s patent was subject to the hundreds of thousands of unemployed may invent not to even file for a pat- claims of an unlimited number of peo- Americans who are looking for manu- ent, and that will slow down research

VerDate Mar 15 2010 02:08 Jun 24, 2011 Jkt 099060 PO 00000 Frm 00021 Fmt 7634 Sfmt 0634 E:\CR\FM\K23JN7.044 H23JNPT1 rfrederick on DSKD9S0YB1PROD with HOUSE H4484 CONGRESSIONAL RECORD — HOUSE June 23, 2011 and expanding the knowledge of hu- ber of Commerce and to the National fice that, despite their not having to do mans. Minority Enterprise Development Con- it, they do reach out to women and mi- The gentleman from Texas talks ferences to try to increase diversity nority communities to try to get them about manufacturing. I am all for man- with utilizing the patent process. But to utilize the Patent Office. ufacturing. I think we all are all for some recent data have raised concern I can say that the ability to innovate manufacturing. But what this does is it that minorities and women-owned busi- and create is just one part of the equa- helps old manufacturing, which we nesses are just not keeping up with the tion. The key to success for minorities need to help, but it also puts new man- patent process. in our community as a whole also de- ufacturing in the deep freeze because Preliminary data from a 2009 pends upon the ability to get protec- they use the disclosures that are re- Kauffman Foundation survey of new tion for their intellectual property. quired as a part of a patent applica- businesses show that minority-owned I urge the body to vote for this tion. technology companies hold fewer pat- amendment. You vote for the amendment if you ents and copyrights after the fifth year I would yield back the balance of my want disclosure and advancement of of starting than comparable non- time. human knowledge. You vote against minority businesses. In fact, the The Acting CHAIR. The question is the amendment if you want secrecy in Kauffman data show that minority- on the amendment offered by the gen- this process. owned firms with patents hold only tlewoman from Wisconsin (Ms. MOORE). The Acting CHAIR. All time has ex- two on average, compared with the The amendment was agreed to. pired. eight of their counterparts. Another AMENDMENT NO. 5 OFFERED BY MS. JACKSON The question is on the amendment survey uses National Science Founda- LEE OF TEXAS The Acting CHAIR. It is now in order offered by the gentlewoman from Wis- tion data to suggest that women com- to consider amendment No. 5 printed in consin (Ms. BALDWIN). mercialize their patents 7 percent less part B of House Report 112–111. The question was taken; and the Act- than their male counterparts. Ms. JACKSON LEE of Texas. I have ing CHAIR announced that the noes ap- Now, the best example I can think of an amendment at the desk. peared to have it. this is the late great George Wash- Ms. BALDWIN. Madam Chair, I de- The Acting CHAIR. The Clerk will ington Carver, who we all know discov- designate the amendment. mand a recorded vote. ered 300 uses for peanuts and hundreds The Acting CHAIR. Pursuant to The text of the amendment is as more for other plants. He went on to follows: clause 6 of rule XVIII, further pro- help local farmers with many improve- ceedings on the amendment offered by Page 139, insert the following after line 12 ments to their farm equipment, ingre- and redesignate succeeding sections (and the gentlewoman from Wisconsin will dients, and chemicals. However, Carver be postponed. conform the table of contents) accordingly: only applied for three patents. SEC. 29. SENSE OF CONGRESS. AMENDMENT NO. 4 OFFERED BY MS. MOORE Some historians have written on It is the sense of Congress that the patent The Acting CHAIR. It is now in order whether or not Eli Whitney was, in- system should promote industries to con- to consider amendment No. 4 printed in deed, the original inventor of the cot- tinue to develop new technologies that spur part B of House Report 112–111. ton gin or whether the invention could growth and create jobs across the country Ms. MOORE. Madam Chair, I have an have originated from the slave commu- which includes protecting the rights of small businesses and inventors from predatory be- amendment at the desk. nity. At the time, slaves were unable The Acting CHAIR. The Clerk will havior that could result in the cutting off of to register an invention with the Pat- innovation. designate the amendment. ent Office, and the owner could not The text of the amendment is as fol- The Acting CHAIR. Pursuant to patent on their behalf because of the lows: House Resolution 316, the gentlewoman requirement to be an original inventor. Page 139, insert the following after line 12 from Texas (Ms. JACKSON LEE) and a Now, African Americans and women Member opposed each will control 5 and redesignate succeeding sections (and have a long history of inventing some conform the table of contents) accordingly: minutes. of the most influential products in our SEC. 29. ESTABLISHMENT OF METHODS FOR The Chair recognizes the gentle- STUDYING THE DIVERSITY OF AP- society, but we also simply do not have woman from Texas. PLICANTS. enough information to further explore Ms. JACKSON LEE of Texas. Madam The Director shall, not later than the end and explain these results. And as our Chair, as I rise to offer my amendment, of the 6-month period beginning on the date government and industry leaders look I take just a moment of personal privi- of the enactment of this Act, establish meth- into these problems and possibly fix ods for studying the diversity of patent ap- lege to say that, whatever side Mem- plicants, including those applicants who are these deficiencies, they run into a bers are on on this issue, I know that minorities, women, or veterans. The Director major hurdle. Members want to protect the genius of shall not use the results of such study to pro- Currently, the Patent and Trade Of- America. vide any preferential treatment to patent ap- fice only knows the name and general I would like to thank my ranking plicants. location of a patent applicant. In most member, Mr. CONYERS, for that com- The Acting CHAIR. Pursuant to cases, only the physical street address mitment, as he comes from one of the House Resolution 316, the gentlewoman that the office collects is for the listed original genius proponents, and that is from Wisconsin (Ms. MOORE) and a patent attorney on the application. the auto industry that propelled Amer- Member opposed each will control 5 Such limited information prevents us ica into the job creation of the cen- minutes. from fully understanding the nature tury, and to the chairperson of the The Chair recognizes the gentle- and scope of the underrepresentation of committee, Mr. SMITH, who ventured woman from Wisconsin. minority communities in intellectual out in efforts to provide opportunities Ms. MOORE. Madam Chair, I yield property. Until we can truly under- for protecting, again, the opportunities myself such time as I may consume. stand the nature of this problem, we for invention and genius. My amendment would ensure that we cannot address it or do the appropriate have the proper data to identify and outreach. b 1440 work with sectors of the U.S. economy Mr. SMITH of Texas. Will the gentle- My amendment speaks, I think, in that are participating in the patent woman yield? particular to the vast population of process at significantly lower rates. Ms. MOORE. I yield to the gentleman startups and small businesses that are Specifically, my amendment allows from Texas. impacted by this legislation. In par- the USPTO to develop methods for Mr. SMITH of Texas. Madam Chair, I ticular, it is a reinforcement of Con- ways to track the diversity of patent just want to say to the gentlewoman gress’ position that indicates that the applicants. It also specifically pro- from Wisconsin that I appreciate her patent system should promote indus- hibits the office from using any such offering the amendment, and I urge my tries to continue to develop new tech- results for any preferential treatment colleagues to support it. nologies that spur growth and create in the application process. Ms. MOORE. I certainly again want jobs across the country, which includes I certainly do applaud the USPTO for to commend efforts from Director protecting the rights of small busi- their outreach to the Women’s Cham- Kappos and the Patent and Trade Of- nesses and inventors from predatory

VerDate Mar 15 2010 02:08 Jun 24, 2011 Jkt 099060 PO 00000 Frm 00022 Fmt 7634 Sfmt 0634 E:\CR\FM\K23JN7.049 H23JNPT1 rfrederick on DSKD9S0YB1PROD with HOUSE June 23, 2011 CONGRESSIONAL RECORD — HOUSE H4485 behavior that could result in the cut- ment adds a section to the end of the bill ex- Produce 13 times more patents per em- ting off of innovation. pressing the sense of Congress that ‘‘the pat- ployee than large patenting firms; these pat- We recognize that small and minor- ent system should promote industries to con- ents are twice as likely as large firm patents ity businesses and women-owned busi- tinue to develop new technologies that spur to be among the one percent most cited. nesses, which dominate the landscape growth and create jobs across the country, Many successful business owners will credit of America, are really major job cre- which includes protecting the rights of small at least part of their success to the ability to ators. Small business is thriving in my businesses and inventors from predatory be- innovate—in technologies, in strategies, and in own home State of Texas, as well. havior that could result in the cutting off of in- business models. A huge part of this innova- There were 386,422 small employers in novation.’’ tion comes from the ability to create and pat- Texas in 2006, accounting for 98.7 per- We must always be mindful of the impor- ent ideas. cent of the State’s employers and 46.8 tance of ensuring that small companies have According to a study conducted by Business of its private sector employment. We the same opportunities to innovate and have Week, half of all business innovation re- know that there are a large number of their inventions patented and that the laws will sources are dedicated to creating new prod- women-owned businesses and as well continue to protect their valuable intellectual ucts or services. growing African American and Latino. property. Several studies, including those by Patents are the driving force behind this But we need more growth—with Asian the National Academy of Sciences and the product innovation, and without strong patent businesses, small businesses, Hispanic, Federal Trade Commission, recommended re- protection, businesses will lack the incentive to Native American, African American— form of the patent system to address what attract customers and contribute to economic all forms of businesses that are part of they thought were deficiencies in how patents growth. growing this economy. are currently issued. While I am happy to be here debating this Small business makes up a large por- The U.S. Department of Commerce defines all important amendment to this bill, it is unfor- tion of our employer network. It is im- small businesses as businesses which employ tunate that some of my other amendments portant to understand how they will be less than 500 employees. supporting small businesses and acknowl- impacted as a result of patent reform. According to the Department of Commerce edging the ‘‘takings clause’’ in the U.S. Con- In this first-to-file, for example, small in 2006 there were 6 million small employers stitution were not accepted. In yesterday’s businesses may in fact be concerned representing around 99.7% of the nation’s em- Rules Committee meeting, I offered a number about trying to get investors. As they ployers and 50.2% of its private-sector em- of amendments: get investors, they may have to dis- ployment. I offered amendments that ensure the inclu- close. This sense of Congress will put In 2002 the percentage of women who sion of minority and women owned businesses us on notice that we need to be careful owned their business was 28% while black in the definition of ‘‘small entities’’ to ensure that we allow at least the opportunity owned was around 5%. Between 2007 and they receive the benefits of reduced user fees. for these investors, and that we con- 2008 the percent change for black females I also offered an amendment ensuring the tinue to look at the bill to ensure that who were self employed went down 2.5% inclusion of Historically Black Colleges and it responds to that opportunity. We while the number for men went down 1.5%. Universities and Hispanic Serving Institutions must recognize again, as I said, that Small business is thriving in my home state amongst entities that receive fee discounts. small businesses create jobs. And the of Texas as well. There were 386,422 small Another pro-small business amendment I of- number of new jobs that they have cre- employers in Texas in 2006, accounting for fered would have extended the grace period ated are 64 percent of net jobs over the 98.7% of the state’s employers and 46.8% of for small businesses from one year to 18 past 15 years. My amendment, again, its private-sector employment. months, enabling them enough time to secure reinforces the idea that small busi- In 2009, there were about 468,000 small financial support and develop their invention in nesses can survive in this climate. women-owned small businesses compared to order to bring it to market. I did offer an amendment which pro- over 1 million owned by men. Section 18 of the bill, which creates a transi- vided for a transitional review program 88,000 small business owners are black, tional review program for business method for 5 years or add for that to be 77,000 are Asian, 319,000 are Hispanic, and patents, has raised concerns about the poten- sunsetted. It was all about trying to 16,000 are Native Americans. tial to create situations which could run afoul protect our small businesses. But I be- Since small businesses make up such a of the ‘‘takings clause’’ in the U.S. Constitu- lieve this amendment, with its firm large portion of our employer network, it is im- tion. To address these concerns, I offered a statement, gathers Congress around portant to understand how they will be im- number of amendments: the idea that nothing in this bill will pacted as a result of patent reform. One of my amendments would have short- inhibit small businesses from being Given the current state of the economy, we ened the sunset on Section 18 from 10 years creative. We can as well recognize all cannot afford to overlook the opportunities for to 5 years. of the growth that has come about job growth that small businesses create. I also introduced an amendment that would from the ideas of small businesses. According to the Bureau of Labor Statistics, have required the Director of the USPTO to I think my amendment also rein- between the 1992 and 2005, small businesses make a determination of whether or not a con- forces that we do not wish to engage in accounted for 65% of quarterly net employ- dition causing an unlawful taking is created by any undue taking of property because ment growth in the private sector. this section. we indicate that we want to see the in- Even in unsteady economic times, small Lastly, I introduced a sense of Congress novativeness of American businesses businesses can be counted on for job cre- amendment that affirms that no provisions in continue. I believe this is an important ation. Between 1992 and 2004, the net job this bill should create a unconstitutional taking. statement, because the bill is about in- creation rate was the highest at the smallest Despite my concerns with certain provisions novation, genius, creation, job cre- establishments. in this bill, overall, I believe H.R. 1249 will ation, and it should be about small Small Businesses Create Jobs. It is a fact. usher in the reforms needed to improve the businesses. Small businesses should be According to the Small Business Administra- patent system, making it more effective and as comfortable with going to the Pat- tion, small businesses: efficient, and therefore encouraging innovation ent Office as our large businesses. In Represent 99.7 percent of all employer and job creation. years to come, because of this major firms. I yield back the balance of my time. reform, we should see small businesses Employ just over half of all private sector Mr. SMITH of Texas. Madam Chair, I creating opportunity for growth as employees. claim the time in opposition, although they develop not into small-and me- Generated 64 percent of net new jobs over I support the amendment. dium-sized but huge international com- the past 15 years. The Acting CHAIR. Without objec- panies. Create more than half of the nonfarm pri- tion, the gentleman is recognized for 5 So I am asking my colleagues to sup- vate gross domestic product (GDP). minutes. port this amendment, and as well I am Hire 40 percent of high tech workers (such There was no objection. recognizing that we do have the oppor- as scientists, engineers, and computer pro- Mr. SMITH of Texas. Madam Chair, I tunity to turn the corner and to put a grammers). understand the underlying point of the stamp of new job creation on America. Made up 97.3 percent of all identified ex- Member’s amendment, and I want to I rise today to offer an amendment to H.R. porters and produced 30.2 percent of the make it clear that my interpretation of 1249, the ‘‘America Invents Act.’’ My amend- known export value in FY 2007. this amendment and its intent is to

VerDate Mar 15 2010 02:08 Jun 24, 2011 Jkt 099060 PO 00000 Frm 00023 Fmt 7634 Sfmt 0634 E:\CR\FM\K23JN7.054 H23JNPT1 rfrederick on DSKD9S0YB1PROD with HOUSE H4486 CONGRESSIONAL RECORD — HOUSE June 23, 2011 highlight the problem posed by entities dation of our economy but do not al- b 1450 that pose as financial or technological ways have the resources that larger AMENDMENT NO. 7 OFFERED BY MR. PETERS businesses but whose sole purpose is corporations or institutions have to as- The Acting CHAIR. It is now in order not to create but to sue. I am talking sist them in obtaining a patent. By im- to consider amendment No. 7 printed in about patent trolls—those entities that proving access to the United States part B of House Report 112–111. vacuum up patents by the hundreds or Patent and Trademark Office, satellite Mr. PETERS. I have an amendment thousands and whose only innovations offices have the potential to help small at the desk. occur in the courtroom. This sense of businesses and independent inventors The Acting CHAIR. The Clerk will Congress shows how these patent trolls navigate the patent application proc- designate the amendment. can hurt small businesses and inde- ess. However, this bill essentially pro- The text of the amendment is as fol- pendent inventors before they even vides no guidance to determine the lo- lows: have a chance to get off the ground. cation of such satellites offices. Page 139, insert the following after line 12 This bill is designed to help all inven- While the language in the bill con- and redesignate succeeding sections (and tors and ensure that small businesses tains stated purposes for satellite of- conform the table of contents) accordingly: fices, it does not specify that these pur- SEC. 29. USPTO STUDY ON INTERNATIONAL PAT- will continue to be a fountain for job ENT PROTECTIONS FOR SMALL creation and innovation. poses be part of the selection process. BUSINESSES. For these reasons, Madam Chair, I This amendment makes it explicit that (a) STUDY REQUIRED.—The Director, in con- support the amendment. the purposes of the satellite offices, sultation with the Secretary of Commerce I yield back the balance of my time. which are included in the underlying and the Administrator of the Small Business The Acting CHAIR. The question is bill, such as increasing outreach activi- Administration, shall, using the existing resources of the Office, carry out a study— on the amendment offered by the gen- ties to better connect patent filers and (1) to determine how the Office, in coordi- tlewoman from Texas (Ms. JACKSON innovators with the USPTO, be part of nation with other Federal departments and LEE). the selection process. It also specifies agencies, can best help small businesses with The question was taken; and the Act- that the economic impact to the region international patent protection; and ing Chair announced that the ayes ap- be considered, as well as the avail- (2) whether, in order to help small busi- peared to have it. ability of knowledgeable personnel, so nesses pay for the costs of filing, maintain- Ms. JACKSON LEE of Texas. Madam that the new patent examiners can be ing, and enforcing international patent applications, there should be established ei- Chair, I demand a recorded vote. hired at minimal recruitment costs, ther— The Acting CHAIR. Pursuant to saving taxpayers money. (A) a revolving fund loan program to make clause 6 of rule XVIII, further pro- The selection of USPTO satellite of- loans to small businesses to defray the costs ceedings on the amendment offered by fices should be done in a way that sup- of such applications, maintenance, and en- the gentlewoman from Texas will be ports economic growth and puts inves- forcement and related technical assistance; postponed. tors and inventors on a path to success. or (B) a grant program to defray the costs of AMENDMENT NO. 6 OFFERED BY MR. LUJA´ N I think this is a commonsense amendment, and I urge the adoption. such applications, maintenance, and enforce- The Acting CHAIR. It is now in order ment and related technical assistance. to consider amendment No. 6 printed in I reserve the balance of my time. (b) REPORT.—Not later than 120 days after part B of House Report 112–111. Mr. SMITH of Texas. Madam Chair, I the date of the enactment of this Act, the Mr. LUJA´ N. Madam Chair, I have an rise to claim the time in opposition, Director shall issue a report to the Congress amendment at the desk. though I am in favor of the amend- containing— (1) all findings and determinations made in The Acting CHAIR. The Clerk will ment. The Acting CHAIR. Without objec- carrying out the study required under sub- designate the amendment. section (a); The text of the amendment is as fol- tion, the gentleman is recognized for 5 minutes. (2) a statement of whether the determina- lows: tion was made that— There was no objection. (A) a revolving fund loan program de- Page 135, line 22, strike the period and in- Mr. SMITH of Texas. Madam Chair, sert a semicolon. scribed under subsection (a)(2)(A) should be Page 135, after line 22, insert the following: section 23 of the bill requires the PTO established; (C) shall evaluate and consider the extent Director to establish three or more sat- (B) a grant program described under sub- to which the purposes of satellite offices list- ellite offices in the United States, subsection (a)(2)(B) should be established; or ed under subsection (b) will be achieved; ject to available resources. The provi- (C) neither such program should be estab- (D) shall consider the availability of sci- sion lists criteria that the Director lished; and entific and technically knowledgeable per- must take into account when selecting (3) any legislative recommendations the sonnel in the region from which to draw new each office. This is a good addition to Director may have developed in carrying out such study. patent examiners at minimal recruitment H.R. 1249, and I urge my colleagues to cost; and The Acting CHAIR. Pursuant to support it. I also hope that one of those (E) shall consider the economic impact to House Resolution 316, the gentleman offices is in Austin, Texas. the region. from Michigan (Mr. PETERS) and a I yield back the balance of my time. Page 136, line 9, insert before the semicolon Member opposed each will control 5 Mr. LUJA´ N. Madam Chair, I yield the following: ‘‘, including an explanation of minutes. how the selected location will achieve the back the balance of my time. The Chair recognizes the gentleman purposes of satellite offices listed under sub- The Acting CHAIR. The question is section (b) and how the required consider- from Michigan. on the amendment offered by the gen- Mr. PETERS. While the America In- ations listed under subsection (c) were met’’. ´ tleman from New Mexico (Mr. LUJAN). vents Act makes a number of impor- The CHAIR. Pursuant to House Reso- The amendment was agreed to. tant changes to our patent system lution 316, the gentleman from New Ms. JACKSON LEE of Texas. Madam which are targeted at reducing the ´ Mexico (Mr. LUJAN) and a Member op- Chair, because of the graciousness of USPTO’s backlogs and driving innova- posed each will control 5 minutes. the ranking member, Mr. CONYERS, and tion, I believe that we must do more to The Chair recognizes the gentleman the chairman, Mr. SMITH, of agreeing help our Nation’s small businesses from New Mexico. to my amendment, Jackson Lee No. 5 compete in the global marketplace. ´ Mr. LUJAN. Madam Chair, I rise that was just debated, I ask unanimous Success in the global economy depends today in support of my amendment to consent to withdraw my request for a more and more on IP assets. America’s H.R. 1249, the America Invents Act. record vote. IP-intensive industries employ nearly The America Invents Act provides for The Acting CHAIR. Is there objection 18 million workers at all education and the creation of United States Patent to the request of the gentlewoman skill levels and represent 60 percent of and Trademark Office satellite offices. from Texas? U.S. exports. For many small businesses and inde- Without objection, the request for a While obtaining a U.S. patent is a pendent inventors, navigating the pat- recorded vote on amendment No. 5 is critical first step for our innovators to- ent application process can be chal- withdrawn and the amendment stands wards recouping their R&D costs, cap- lenging. Small businesses, entre- adopted by the voice vote thereon. italizing on their inventions and cre- preneurs, and innovators are the foun- There was no objection. ating jobs, a U.S. patent only provides

VerDate Mar 15 2010 02:08 Jun 24, 2011 Jkt 099060 PO 00000 Frm 00024 Fmt 7634 Sfmt 0634 E:\CR\FM\K23JN7.055 H23JNPT1 rfrederick on DSKD9S0YB1PROD with HOUSE June 23, 2011 CONGRESSIONAL RECORD — HOUSE H4487 protection against infringement here their home nations. China, for exam- be the focus of the study. The results of at home. If inventors do not register in ple, is becoming increasingly aggres- this study will show that small busi- a foreign market, such as China, they sive at protecting their innovators’ in- ness outreach and educational and have no protection there if the Chinese tellectual property rights and is sub- technical assistance programs are the economy begins production of their sidizing applications for foreign pat- most effective tools for small business patented inventions. Not only is a for- ents. We must develop a way here at and independent inventors. eign patent protection necessary to en- home to make American small busi- I think that the PTO needs to con- sure the ability to enforce patent nesses equally competitive in the for- tinue its efforts to reach out to small rights abroad; it is necessary to defend eign marketplace. In order to compete businesses and independent inventors. American inventors against foreign with China, we have to stand behind This bill includes a provision which lawsuits. our innovators with equal force. creates a permanent small business High costs, along with language and Our amendment simply directs the ombudsman at the PTO to work with technical barriers, prevent many U.S. Patent and Trademark Office to small businesses to help them secure American small businesses from filing conduct a joint study with the Small their patent rights. The PTO also con- for foreign patent protection. Lack of Business Administration to issue rec- ducts small business outreach pro- patent protection both at home and ommendations on how America can do grams throughout the country, teach- abroad increases uncertainty for just that. Furthermore, this study is to ing small businesses about IP enforce- innovators and the likelihood of pi- be completed within 120 days, giving ment and how to protect their intellec- racy. While we must reduce backlogs at the 112th Congress ample time to im- tual property both at home and abroad. the USPTO to make domestic patent plement its recommendations. Though I do not agree with the pol- protection more attainable, we must Not only are jobs and the economy icy outline in the second part of the also look forward to find ways to help paramount, but promoting American study and will strongly recommend our manufacturers and other IP-inten- innovation is also important. Innova- that the PTO and SBA determine that sive industries compete globally. tion is about much more than eco- such a program should not be estab- This is why I am offering a common- nomic growth. It breaks boundaries, lished, I will support this amendment sense, bipartisan amendment to the connects people from distant lands, to initiate the study, and I hope that America Invents Act along with my fires the imagination, and sends a mes- the bulk of it will focus on how to bet- colleague, Representative RENACCI, sage of hope to those who need it most. ter utilize existing government re- whom I would also like to thank for Americans should be on the cutting sources for education and technical as- working with me on this important edge of innovation, and this amend- sistance to help small businesses with issue. ment is a good first step toward that international patent protection. This amendment mandates a USPTO- direction. Before I yield back the balance of my led study with SBA to determine the I would again like to thank Mr. time, I hope that the movers of this best method to help small businesses PETERS as well as Chairman SMITH and amendment might be willing to reas- obtain, maintain and enforce foreign Ranking Member CONYERS. I urge sup- sure me and others about the intent patents. This study is to be conducted port of the amendment. and goals of this study. using existing resources at no cost to Mr. SMITH of Texas. Madam Chair, I I yield back the balance of my time. the taxpayers, and does not alter the claim the time in opposition, although The Acting CHAIR. The gentleman score of the bill. I believe our amend- I support the amendment. from Michigan has 15 seconds remain- ment will help Congress and the The Acting CHAIR. Without objec- ing. USPTO determine the best ways to tion, the gentleman is recognized for 5 Mr. PETERS. I just appreciate the help American small businesses protect minutes. support for this amendment. It is an their IP assets, compete globally and There was no objection. important amendment that will give us boost exports. Mr. SMITH of Texas. Madam Chair, I information we can then use to support I would like to thank Chairman understand the underlying point of the our small businesses as they’re doing SMITH and Ranking Member CONYERS Member’s amendment, but other legis- business abroad, and I urge its adop- for working with us on this amend- lation and patent reform in particular tion. ment; and I urge passage of the Peters- have taught us that even small changes I yield back the balance of my time. Renacci amendment. can have unintended consequences un- The Acting CHAIR. The question is I yield my remaining time to my col- less they have been vetted and have on the amendment offered by the gen- league from Ohio, Representative gone through the regular committee tleman from Michigan (Mr. PETERS). RENACCI. process. The amendment was agreed to. The Acting CHAIR. The gentleman The problem is in the details. This AMENDMENT NO. 8 OFFERED BY MR. POLIS from Ohio is recognized for 21⁄2 min- amendment is drafted as a study. I The Acting CHAIR. It is now in order utes. agree with the first part of the amend- to consider amendment No. 8 printed in Mr. RENACCI. I thank the gentleman ment but not the second because its ob- part B of House Report 112–111. for yielding and also for his hard work jectives are written very much like a Mr. POLIS. I have an amendment at on the amendment on behalf of Amer- piece of legislation. It seeks to create the desk. ican small businesses. support for a new program whereby The Acting CHAIR. The Clerk will I rise today in strong support of the taxpayer funds would be used to pay designate the amendment. Peters-Renacci amendment—a com- patent fees in foreign countries. The text of the amendment is as monsense, no-cost study to determine I am strongly committed to helping follows: the best method for American small our small businesses and independent Page 108, beginning on line 18, strike businesses to obtain and enforce patent inventors secure their rights and have ‘‘pending on, or filed on or after,’’ and insert protections in foreign countries. a level playing field abroad, but I can’t ‘‘filed on or after’’. Industries that rely on intellectual support a result that could create a The Acting CHAIR. Pursuant to property employ nearly 18 million new entitlement program, a new bu- House Resolution 316, the gentleman American workers and represent 60 per- reaucracy and the transferring of tax- from Colorado (Mr. POLIS) and a Mem- cent of American exports. As these in- payer dollars directly to the treasuries ber opposed each will control 5 min- dustries continue to grow globally, for- of foreign governments. We should not utes. eign patent protection will become in- use taxpayer funds to pay patent filing The Chair recognizes the gentleman creasingly important to protect these fees to foreign governments. from Colorado. workers’ jobs, promote exports and ex- I do agree with the first part of this Mr. POLIS. Madam Chair, H.R. 1249 pand our economy. study, and am interested to see how correctly changes the policy involving Our economy is becoming more glob- the PTO, in coordination with other tax strategy patents. Under current al by the day, with foreign innovators agencies, can figure out ways to help law, although it was current law that testing the outer reaches of imagina- small businesses with international was never specifically contemplated by tion and enjoying the strong support of patent protection. I hope that this will lawmakers, tax strategy methods are

VerDate Mar 15 2010 04:57 Jun 24, 2011 Jkt 099060 PO 00000 Frm 00025 Fmt 7634 Sfmt 0634 E:\CR\FM\K23JN7.060 H23JNPT1 rfrederick on DSKD9S0YB1PROD with HOUSE H4488 CONGRESSIONAL RECORD — HOUSE June 23, 2011 patentable. Now these tax strategy ing a conscious choice, said, hey, in Tax Code, while also preserving the patents have complicated the tax filing favor of disclosing, I will then accept a ability of U.S. technology companies to process and have allowed commonsense 17-year monopoly, and are now being develop innovative tax preparation and filing techniques to be patentable, so penalized for making what was a very financial management solutions. I be- H.R. 1249 removes this complication by reasonable decision. lieve the language in H.R. 1249 does mandating that tax strategies are Restore equity to the America In- just that. deemed insufficient to differentiate a vents Act by supporting my amend- This amendment would allow any tax claimed invention from the prior art. ment. I hope Members on both sides of strategy patent that was filed as of the I strongly support this provision. the aisle will support this, which effec- date of enactment of the bill to move However, there are a number of folks tively addresses only those 160 applica- toward issuance by the PTO. However, who are currently involved with the tions that are in effect now. It cer- tax strategy patents are bad public pol- process of applying for tax strategy tainly continues and am in support of icy whether they were filed the day be- patents, and in effect, we risk changing the ban on future patents for tax strat- fore or the day after this bill happens the rules of the game retroactively for egies, but there seem to be very few al- to be enacted. The effective date in the them, a form of takings. There are cur- ternatives or remedies to the takings underlying bill rightly applies to any rently 160 tax strategy patent applica- that would otherwise occur under this patent applications pending on the tions in the process. Many of the inven- bill unless my amendment is incor- date of enactment. tors have decided to devote thousands porated. In order to reduce the cost of filing of hours of time to disclose their inno- I strongly urge a ‘‘yes’’ vote on the taxes for all Americans and to restore vations. Again, had this window of pat- amendment. common sense to our patent system, I entability never been opened—and it I yield back the balance of my time. urge my colleagues to oppose this never should have been—this would not Mr. SMITH of Texas. Madam Chair, I amendment. Mr. SMITH of Texas. Madam Chair, I have been an issue because these inven- rise in opposition to the amendment. yield 1 minute to the gentleman from tors would have retained their innova- The Acting CHAIR. The gentleman is California (Mr. SHERMAN). tions as trade secrets. recognized for 5 minutes. Mr. SMITH of Texas. I yield 2 min- Mr. SHERMAN. I have tremendous b 1500 utes to the gentleman from Virginia respect for the gentleman from Colo- However, you can’t blame them for (Mr. GOODLATTE), who is the chairman rado, but I rise in opposition to this saying, okay, there’s a window on pat- of the Intellectual Property Sub- amendment. This amendment would cover not entability; I will disclose so that I can committee of the Judiciary Com- only those patent applications that have the 17-year exclusive. And now mittee. the risk is that that calculation that Mr. GOODLATTE. Madam Chairman, were on file yesterday but, as I under- they made to disclose is being changed I rise in strong opposition to this stand it, also those that are filed tomorrow. Tax strategy patents are a bad retroactively insofar as they will no amendment. longer have the ability to protect their Increasingly, individuals and compa- idea, as the American Institute of Cer- innovation as a trade secret. nies are filing patents to protect tax tified Public Accountants states. ‘‘It’s bad public policy. No one should be In their patent applications, these strategies. When one individual or granted a monopoly over a form of applicants have described how to make business is given the exclusive right to compliance with the Federal Tax and use their invention. Many have a particular method of complying with Code.’’ even provided computer programs, in- the Tax Code, it increases the costs and This amendment is opposed not only cluding code, to carry them out. The complexity for every other citizen or by the American Institute of Certified patent applications have been pub- tax preparer to comply with the Tax Public Accountants but also my col- lished, and some of them are pending Code. It is not difficult to foresee a sit- league, co-chair of the CPA Caucus, for many years. Changing the law mid- uation where taxpayers are forced to MIKE CONAWAY, and a majority of the stream fundamentally hurts these ap- choose between paying a royalty in CPA and accountants caucus, together plicants who did all that was proper order to reap the best tax treatment with the American College of Trusts under the law at the time they filed and complying with the Tax Code in and Estate Counsel and the Certified their patent application. another, less favorable way. Tax strat- Financial Planner Board of Standards. The underlying bill as drafted would egy patents add additional costs and Keep in mind, the purpose of a patent make those patent applications use- complications to an already overly is to encourage innovation. What inter- less; and because the patent applica- complex process, and this is not what est does the Federal Government have tions have been published, the patent Congress intended when it passed the in encouraging innovative ways to applicant will get nothing for dis- Federal tax laws or the patent laws. avoid paying taxes to the Federal Gov- closing their secrets, except the ex- The problem of tax strategy patents ernment? It is now time to draw a line pense of pursuing a patent and of has been a growing concern for over a against patents on tax compliance. course the ability of others to replicate decade. Over 140 tax strategy patents Mr. SMITH of Texas. I yield myself their innovation. Competitors will be have already been issued, and more ap- the balance of my time. free to use their disclosures in the pub- plications are pending. Tax strategy Madam Chair, I oppose the amend- lished patent application process. patents have the potential to affect ment to change the effective date for Changing the law midstream simply tens of millions of everyday taxpayers, the tax strategy method section of the sends the wrong message to inventors many who do not even realize these bill. that one cannot trust the law that is in patents exist. The Tax Code is already It is possible to patent tax strategy place when they file a patent. Congress complicated enough without also ex- methods, but it is bad policy. It is not would be sending a message, unless my pecting taxpayers and their advisers to fair to permit patents on techniques amendment is incorporated into the become ongoing experts in patent law. regularly used to satisfy a government underlying bill, that all inventors on That is why I advocated for inclusion mandate, such as one that requires in- any subject matter may have their dis- in H.R. 1249 of a provision to ban tax dividuals and businesses to pay taxes. closures taken away from them after strategy patents. H.R. 1249 contains Tax preparers, lawyers, and planners they have made the decision to apply such a provision which deems tax have a long history of sharing their for a patent by retroactively negating strategies insufficient to differentiate knowledge regarding how to file re- the possibility of them receiving a pat- a claimed invention from the prior art. turns, plan estates, and advise clients. ent. This will help ensure that no more tax They maintain that allowing the pat- Tax strategy patents should never strategy patents are granted by the entability of tax strategy methods will have been allowed under the law. I PTO. complicate the tax filing process and think there’s broad agreement among Importantly, the House worked hard inhibit the ability of preparers to pro- all of us in this Chamber on that topic. to find a compromise that will ensure vide quality services for their clients. It’s unfortunate that there was a win- Americans have equal access to the The effective date applies to any pat- dow. However, rational inventors, mak- best methods of complying with the ent application that is pending on, or

VerDate Mar 15 2010 03:15 Jun 24, 2011 Jkt 099060 PO 00000 Frm 00026 Fmt 7634 Sfmt 0634 E:\CR\FM\K23JN7.063 H23JNPT1 rfrederick on DSKD9S0YB1PROD with HOUSE June 23, 2011 CONGRESSIONAL RECORD — HOUSE H4489 filed on or after, the date of enactment deadline for patent term extension ap- know the consequences of what they and to any patent that is issued on or plications, this amendment provides are voting on. after that date. the certainty necessary to encourage To summarize, Madam Chair, we The gentleman’s amendment elimi- costly investments in life-saving med- should not interfere with ongoing liti- nates the application of this provision ical research. It also is consistent with gation which may be unprecedented, to those applications pending on the the only court case to address this and we should give this issue regular date of enactment. These applications issue entitled, The Medicines Co. v. process in the Judiciary Committee. have not been approved so I disagree Kappos. As a result of this amendment, I oppose the amendment and urge my with excluding these patents-in-wait- all applications and cases will be treat- colleagues to defeat it. ing. ed henceforth in the same manner. I yield back the balance of my time. It was a mistake for the PTO to issue I also want to point out that this Mr. CONYERS. I would like to yield these patents in the first place, given exact language has passed the House 1 minute to the distinguished gen- their potential to harm individual tax- overwhelmingly on a voice vote in the tleman from Massachusetts, ED MAR- payers and tax return preparers. We past, and the prior version of the provi- KEY, of the Energy and Commerce Com- shouldn’t leave the door ajar by allow- sion was unanimously passed by the mittee. ing more applications in. This just House on two previous occasions and Mr. MARKEY. Madam Chairman, compounds the very problem we’re try- was also in another instance voted out this amendment eliminates confusion ing to solve. by the Senate Judiciary Committee on regarding the deadline for filing patent I oppose the gentleman’s amendment, a bipartisan basis. It was also accepted term extensions under the Hatch-Wax- and I urge my colleagues to vote in a voice vote by the House Judiciary man Act and provides the certainty against it. Committee at a markup earlier this needed to encourage critical medical I yield back the balance of my time. year. research. It also promotes good government by ensuring that the Patent Of- The Acting CHAIR. The question is b 1510 on the amendment offered by the gen- fice and the FDA adopt consistent in- tleman from Colorado (Mr. POLIS). Madam Chair, I reserve the balance terpretations of the very same statu- The amendment was rejected. of my time. tory language. And finally, this amend- Mr. SMITH of Texas. Madam Chair, I AMENDMENT NO. 9 OFFERED BY MR. CONYERS ment is consistent with the only court rise in opposition to the amendment. decision addressing this issue. The The Acting CHAIR. It is now in order The Acting CHAIR. The gentleman is to consider amendment No. 9 printed in court stated that the interpretation recognized for 5 minutes. that is reflected in this amendment— part B of House Report 112–111. Mr. SMITH of Texas. Madam Chair, Mr. CONYERS. Madam Chairman, I this is from the court—is ‘‘consistent in 2001, a biotech entity called the with the statute’s text, structure, and have an amendment at the desk. Medicines Company, or MedCo, sub- The Acting CHAIR. The Clerk will purpose.’’ mitted an application for a patent ex- Right now, America’s next Lipitor or designate the amendment. tension that the PTO ruled was 1 day Prozac could be bottled up at the Pat- The text of the amendment is as fol- late. This application would have ex- ent Office and never made available be- lows: tended patent protection for a drug the cause of uncertainty regarding the pat- Add at the end the following new section company developed called Angiomax. ent term extension process. In order to (and conform the table of contents accord- In August 2010, a U.S. district court or- ingly): uncork American innovation and in- dered the PTO to use a more consistent vention, we need a patent extension SEC. 32. CALCULATION OF 60-DAY PERIOD FOR APPLICATION OF PATENT TERM EX- way of determining whether the patent process that is clear, consistent, and TENSION. holder submitted a timely patent ex- fair. That’s exactly what the Conyers (a) IN GENERAL.—Section 156(d)(1) of title tension application. The PTO is imple- amendment does. It enjoys broad bipar- 35, United States Code, is amended by adding menting that decision and believes the tisan support, and it confirms and at the end the following flush sentence: court’s decision resolves the problem clarifies existing law. It is cost-neu- ‘‘For purposes of determining the date on for MedCo. Because of this ongoing liti- tral. which a product receives permission under gation, the manager’s amendment I urge support for the amendment. the second sentence of this paragraph, if struck language pertaining to MedCo. Mr. CONYERS. I yield, unfortunately such permission is transmitted after 4:30 The Conyers amendment seeks to re- only 75 seconds, to my good friend, also P.M., Eastern Time, on a business day, or is transmitted on a day that is not a business insert that provision. from Massachusetts, Mr. RICHARD day, the product shall be deemed to receive The Conyers amendment essentially NEAL. such permission on the next business day. codifies the district court’s decision, Mr. NEAL. Madam Chair, I under- For purposes of the preceding sentence, the but it ignores the fact that this case is stand Mr. SMITH’s position here, but term ‘business day’ means any Monday, on appeal. We need to let the courts re- the truth is that when he suggests that Tuesday, Wednesday, Thursday, or Friday, solve the pending litigation. It is we’re doing things that are interfering excluding any legal holiday under section standard practice for Congress not to with ongoing court tests, there have 6103 of title 5.’’. interfere when there is ongoing litiga- been a series of votes here already (b) APPLICABILITY.—The amendment made tion. If the Federal circuit rules by subsection (a) shall apply to any applica- about the health care law and guaran- tion for extension of a patent term under against MedCo, generic manufacturers teed to have more coming in this insti- section 156 of title 35, United States Code, of the drug could enter the market- tution. So I’m not going to spend a lot that is pending on, that is filed after, or as place immediately rather than waiting of time on that suggestion. to which a decision regarding the application another 5 years. This has the potential But I rise today in support of the is subject to judicial review on, the date of to save billions of dollars in health amendment. It addresses the deadline the enactment of this Act. care expenses. While the amendment is for filing patent term extension appli- The Acting CHAIR. Pursuant to drafted so as to apply to other compa- cations under the Hatch-Waxman Act. House Resolution 316, the gentleman nies similarly situated, as a practical By adopting a clear standard, the from Michigan (Mr. CONYERS) and a matter, this is a special fix for one amendment would provide the oppor- Member opposed each will control 5 company. tunity and certainty needed to allow minutes. Finally, it would be more appropriate innovators to conduct the time-con- The Chair recognizes the gentleman for this to be considered as a private suming and expensive medical research from Michigan. relief bill. Private relief bills are de- necessary to bring new lifesaving drugs Mr. CONYERS. This bipartisan signed to provide benefits to a specific to market. amendment makes a technical revision individual or corporate entity. The The amendment clarifies the law in a to H.R. 1249. It addresses the confusion House and the Judiciary Committee manner that tracks the only court de- regarding the calculation of the filing have procedures in place to ensure that cision to have addressed this particular period for patent term extension appli- such bills are properly vetted. This provision. It will ensure that all applications under the Hatch-Waxman Act. amendment ignores those procedures cations and all cases are treated the By eliminating confusion regarding the and denies Members the opportunity to same. Because the amendment merely

VerDate Mar 15 2010 03:15 Jun 24, 2011 Jkt 099060 PO 00000 Frm 00027 Fmt 7634 Sfmt 0634 E:\CR\FM\K23JN7.067 H23JNPT1 rfrederick on DSKD9S0YB1PROD with HOUSE H4490 CONGRESSIONAL RECORD — HOUSE June 23, 2011 confirms existing law, it is budget-neu- AMENDMENT NO. 10 OFFERED BY MS. SPEIER The public’s interest in fostering in- tral. The Acting CHAIR. It is now in order novation requires that the derivation The amendment enjoys broad support to consider amendment No. 10 printed proceedings be equitable to both par- on both sides of the aisle. I hope that in part B of House Report 112–111. ties and that the PTO have a complete all of my colleagues will join me in Ms. SPEIER. Madam Chair, I have an record of evidence on which to make supporting it. amendment at the desk. its decision. Inventors must have a fair Mr. CONYERS. Madam Chair, I am The Acting CHAIR. The Clerk will chance to prove their claim, and de- proud now to yield 30 seconds to the designate the amendment. fending parties must be able to provide distinguished gentleman from Kansas, The text of the amendment is as fol- evidence to rebut claims. This amend- lows: MIKE POMPEO. ment accomplishes these goals by re- Mr. POMPEO. I rise in support of this Page 16, line 3, insert before the period the quiring the PTO to provide rules for amendment. following: ‘‘, including requiring parties to provide sufficient evidence to prove and the exchange of relevant information As a former business owner, compli- rebut a claim of derivation’’. and evidence by both parties. ance with senseless government regula- The Acting CHAIR. Pursuant to b 1520 tions was one of my biggest frustra- House Resolution 316, the gentlewoman tions and, honestly, one of the primary I reserve the balance of my time. from California (Ms. SPEIER) and a reasons I ran for Congress. But it is im- Mr. SMITH of Texas. Madam Chair, I Member opposed each will control 5 possible to comply with regulations claim the time in opposition, although minutes. I support the amendment. when you get two different interpreta- The Chair recognizes the gentle- tions from two different agencies, and The Acting CHAIR. Without objec- woman from California. tion, the gentleman is recognized for 5 that’s what we have here with this in- Ms. SPEIER. Madam Chair, my tellectual property rule. minutes. amendment enhances the derivations There was no objection. The PTO and the FDA have estab- proceedings provision in the first-in- Mr. SMITH of Texas. Madam Chair, I lished two different standards, and this ventor-to-file section of the bill. think this is a good amendment. I urge amendment simply seeks to fix that, to As we know, the U.S. Patent Office is my colleagues to support it. give an identical outcome from two dif- a vital tool that facilitates universities I yield back the balance of my time. ferent agencies that resulted from dif- and businesses of all sizes to turn ideas Ms. SPEIER. Madam Chair, I yield ferent interpretations of the Hatch- and discoveries into successful prod- the balance of my time to the gen- Waxman Act of 1984. ucts. Having said that, we must ensure tleman from Maryland (Mr. HOYER). Inventors shouldn’t have to guess. that our patent system provides strong The Acting CHAIR. The gentleman We can make a clean deadline. I urge and predictable intellectual property from Maryland is recognized for 21⁄2 my colleagues to support this amend- protections. minutes. ment. This act creates a new process called Mr. HOYER. I thank the gentle- Mr. CONYERS. I yield the balance of ‘‘derivation,’’ by which a party can de- woman for yielding. my time to the distinguished gen- feat an earlier filed patent application Madam Chair, I rise in support of this tleman from New Jersey, SCOTT GAR- by showing that the invention in the legislation. RETT. earlier application was derived from I am a strong supporter, as many of The Acting CHAIR. The gentleman the party’s invention or concept. The you know, of what we call our Make It from New Jersey is recognized for 45 bill requires a party to support a peti- In America agenda. ‘‘Make It In Amer- seconds. tion for derivation by ‘‘substantial evi- ica’’ simply means that we’re going to Mr. GARRETT. Madam Chair, the dence’’ in order to initiate a pro- provide jobs, we’re going to provide op- Hatch-Waxman Act provides for the exceeding. portunities, and we’re going to build tension of patent terms covering drug The derivation proceedings in this the manufacturing sector of our econ- products that must be approved by the legislation must be a process that is omy. In order to do that, we also need FDA. And the extension that we’re fair, reliable, and permits the Patent to enhance the inventive, innovative, talking about here, while seemingly and Trademark Office to make a deci- and development phases of our econ- straightforward, the Patent Office and sion based on a solid record of relevant omy. This bill, I think, will facilitate the FDA have interpreted it, as we evidence. This amendment helps to ac- this. have said, in two different ways, cre- complish this by requiring the PTO to I congratulate the gentlewoman from ating uncertainty that has led to mis- provide rules for the exchange of rel- California for this amendment as well, calculations. evant information by both parties. which I think improves this bill, and I So our amendment, consistent with a The substantial evidence threshold at rise in strong support and urge my col- court ruling, will clarify that when the the petition stage of the proceedings leagues to support this piece of legisla- FDA provides the final approval after may not be reasonable in some cir- tion. I congratulate all of those who normal business hours, the 60-day cumstances. For example, consider a have worked on this legislation. clock begins on the next business day. situation where an inventor discloses It is, obviously, not perfect. But then So by doing this, by ensuring that pat- an invention to a venture capitalist again, no piece of legislation that we ent holders will not lose their rights who declines to invest in it. The ven- adopt is perfect. It is, however, a sig- prematurely, what this amendment ture capitalist has conversations with nificant step forward to make sure that does is it will not only resolve a long- several other VCs about the invention, America remains the inventive, inno- standing problem but will encourage and eventually a company funded by vative, development capital of the the development of innovative new one of those VCs files a patent applica- world. In order to do that, we need to drugs as well. tion for something very much like the manufacture goods here in America; With that, I urge the adoption of this original invention. If a company funded manufacture the goods that we invent, very commonsense amendment. by the original VC has filed the appli- innovate, and develop. Because if we The Acting CHAIR. The question is cation, the inventor would be able to continue to take them to scale over- on the amendment offered by the gen- show substantial evidence of derivation seas, then the inventors, innovators, tleman from Michigan (Mr. CONYERS). through the disclosure to the VC and and developers will themselves move The question was taken; and the Act- the link between the VC and the com- overseas. ing Chair announced that the noes ap- pany filing the application. However, So I thank Mr. SMITH, I thank Mr. peared to have it. in the instance when an inventor did WATT, and I thank others who have Mr. CONYERS. Madam Chair, I de- not personally make a disclosure to worked so hard on this legislation, Ms. mand a recorded vote. other VCs or the company that filed an LOFGREN as well, who have dedicated The Acting CHAIR. Pursuant to application, it would be difficult for themselves to try to make sure that we clause 6 of rule XVIII, further pro- the inventor to show substantial evi- have a context and environment in ceedings on the amendment offered by dence, particularly relevant to disclo- America which will facilitate the in- the gentleman from Michigan will be sures about which the inventor is un- ventive, innovative sector of our econ- postponed. aware. omy.

VerDate Mar 15 2010 03:15 Jun 24, 2011 Jkt 099060 PO 00000 Frm 00028 Fmt 7634 Sfmt 0634 E:\CR\FM\K23JN7.071 H23JNPT1 rfrederick on DSKD9S0YB1PROD with HOUSE June 23, 2011 CONGRESSIONAL RECORD — HOUSE H4491 The Acting CHAIR. The question is AMENDMENT NO. 12 OFFERED BY MR. countries’ first-to-file systems. There’s on the amendment offered by the gen- SENSENBRENNER no reason to do that. tlewoman from California (Ms. SPEIER). The Acting CHAIR. It is now in order Our patent system is the strongest in The amendment was agreed to. to consider amendment No. 12 printed the world, and it’s based upon the first AMENDMENT NO. 11 OFFERED BY MR. WATT in part B of House Report 112–111. recognition of the Constitution in any The Acting CHAIR. It is now in order Mr. SENSENBRENNER. Madam country that inventors should be pro- to consider amendment No. 11 printed Chair, I have an amendment at the tected. I think that the Constitution in part B of House Report 112–111. desk. empowers Congress to give patents Mr. WATT. Madam Chair, we were The Acting CHAIR. The Clerk will only to inventors. We had a significant expecting Congresswoman WATERS. I designate the amendment. constitutional argument on this issue would ask unanimous consent that this The text of the amendment is as fol- yesterday. If the amendment is not amendment be delayed until we can de- lows: adopted, the issue will be litigated all termine whether she is still planning Strike section 3 (‘‘First Inventor to File’’), the way up to the Supreme Court. to offer it. as amended, beginning on page 5, line 1, and The current first-to-invent system The Acting CHAIR. The Committee redesignate succeeding sections and ref- has been key in encouraging entrepre- of the Whole is unable to reorder the erences thereto (and conform the table of neurial innovation and evens the play- contents) accordingly. ing field for individual inventors who amendments. Page 68, line 9, strike ‘‘section 18’’ and all Mr. WATT. In that case, I offer the that follows through ‘‘3(n)(1)’’ on line 11 and are not represented by a major indus- amendment as the designee of the gen- insert ‘‘section 17 and in paragraph (3), shall try. The first-inventor-to-file system tlewoman from California. apply to any patent for which an application violates the Constitution because it The Acting CHAIR. The Clerk will is filed on or after that effective date’’. would award a patent to the winner of designate the amendment. Page 74, line 3, strike ‘‘derivation’’ and in- the race to the PTO and not the actual The text of the amendment is as fol- sert ‘‘interference’’. inventor who makes the first dis- lows: Page 74, line 7, strike ‘‘derivation’’ and in- covery. sert ‘‘interference’’. Page 139, insert the following after line 12 If we change to a first-to-file system, Page 76, line 7, strike ‘‘DERIVATION’’ and and redesignate succeeding sections (and insert ‘‘INTERFERENCE’’. inventors who believe they do not have conform the table of contents) accordingly: Page 76, lines 7 and 8, strike ‘‘a derivation’’ sufficient resources to win the race to SEC. 29. SEVERABILITY. and insert ‘‘an interference’’. the PTO will not have any motivation If any provision of this Act or amendment Page 76, lines 12 and 25, strike ‘‘derivation’’ at all to continue developing the new made by this Act, or the application of a pro- and insert ‘‘interference’’. invention. This will stifle innovation, vision or amendment to any person or cir- Page 77, line 6, strike ‘‘a derivation’’ and and given the current state of our cumstance, is held to be unconstitutional, insert ‘‘an interference’’. the remainder of this Act and amendments economy, that’s the last thing we need. Page 77, line 10, strike ‘‘derivation’’ and in- The Acting CHAIR. The time of the made by this Act, and the application of the sert ‘‘interference’’. provisions and amendment to any person or Page 77, line 23, strike ‘‘a derivation’’ and gentleman has expired. circumstance, shall not be affected by the insert ‘‘an interference’’. Mr. SENSENBRENNER. I yield my- holding. In section 7 (‘‘Patent Trial and Appeal self an additional 15 seconds. The Acting CHAIR. Pursuant to Board’’), as amended, strike subsection (d) First-to-file also invites excessive fil- House Resolution 316, the gentleman (‘‘Conforming Amendments’’) and insert the ing and will add to the burden of the from North Carolina (Mr. WATT) and a following: USPTO by increasing the examiner’s Member opposed each will control 5 (d) CONFORMING AMENDMENTS.— workload. We already have financing (1) AMENDMENTS TO TITLE 35.—Sections 134, problems there. If this amendment is minutes. 145, 146, 154, and 305 of title 35, United States The Chair recognizes the gentleman Code, are each amended by striking ‘‘Board not adopted, it will be worse. from North Carolina. of Patent Appeals and Interferences’’ each I reserve the balance of my time. Mr. WATT. Madam Chair, I yield my- place that term appears and inserting ‘‘Pat- Mr. SMITH of Texas. I rise in opposi- self such time as I may consume solely ent Trial and Appeal Board’’. tion to the amendment. to say that this is a straightforward (2) ATOMIC ENERGY ACT OF 1954.—Section 152 The Acting CHAIR. The gentleman is amendment that provides that if one of the Atomic Energy Act of 1954 (42 U.S.C. recognized for 5 minutes. part of the bill is determined to be un- 2182) is amended, in the third undesignated Mr. SMITH of Texas. Madam Chair, paragraph, by striking ‘‘Board of Patent Ap- constitutional, it can be severable from the gentleman’s amendment strikes peals and Interferences’’ each place it ap- the first-inventor-to-file provisions the rest of the bill and it doesn’t bring pears and inserting ‘‘Patent Trial and Appeal the rest of the provisions down. That’s Board’’. from the bill. I strongly oppose the a standard policy to put in most legis- (3) TITLE 51.—Section 20135 of title 51, amendment. lation. United States Code, is amended, in sub- The move to a first-inventor-to-file With that, I reserve the balance of sections (e) and (f), by striking ‘‘Board of system creates a more efficient and re- my time. Patent Appeals and Interferences’’ each liable patent system that benefits all Mr. SMITH of Texas. Madam Chair, I place it appears and inserting ‘‘Patent Trial inventors, including independent in- rise to claim the time in opposition, al- and Appeal Board’’. ventors. This provision provides a more Page 113, line 20, strike ‘‘as in effect’’ and transparent and certain grace period, a though I support the amendment. all that follows through ‘‘3(n)(1),’’ on line 22. The Acting CHAIR. Without objec- Page 113, line 25, strike ‘‘(as in’’ and all key feature of U.S. law, and a more tion, the gentleman is recognized for 5 that follows through ‘‘date)’’ on page 114, definite filing date that enables inven- minutes. line 1. tors to promote, fund, and market There was no objection. Page 114, line 9, strike ‘‘(as in effect’’ and their technology while making them Mr. SMITH of Texas. I thank the gen- all that follows through ‘‘3(n)(1)’’ on line 11. less vulnerable to costly patent chal- tleman for offering the amendment, Page 115, line 10, strike ‘‘6(f)(2)(A)’’ and in- lenges that disadvantage independent and I urge my colleagues to support it. sert ‘‘5(f)(2)(A)’’. inventors. I yield back the balance of my time. The Acting CHAIR. Pursuant to The first-inventor-to-file system is Mr. WATT. Madam Chair, I have just House Resolution 316, the gentleman absolutely consistent with the Con- been advised that we were mistaken in from Wisconsin (Mr. SENSENBRENNER) stitution’s requirement that patents be the desire of Ms. WATERS to offer the and a Member opposed each will con- awarded to the inventor. Former At- amendment. She didn’t want me to trol 5 minutes. torney General Michael Mukasey has offer it in her stead, and that’s why she The Chair recognizes the gentleman stated that the ‘‘provision is constitu- didn’t show up. from Wisconsin. tional and helps assure that the patent I would just ask unanimous consent Mr. SENSENBRENNER. I yield my- laws of this country accomplish the to withdraw the amendment, unless self 11⁄2 minutes. goal set forth in the Constitution: ‘to the chairman has an objection. Madam Chair, section 3 of this bill promote the Progress of Science and The Acting CHAIR. Without objec- creates a first-to-file patent system. useful Arts.’ ’’ tion, the amendment is withdrawn. The sponsors believe that the United Under first-inventor-to-file, patent There was no objection. States should harmonize with other rights are reserved to someone who

VerDate Mar 15 2010 03:15 Jun 24, 2011 Jkt 099060 PO 00000 Frm 00029 Fmt 7634 Sfmt 0634 E:\CR\FM\K23JN7.075 H23JNPT1 rfrederick on DSKD9S0YB1PROD with HOUSE H4492 CONGRESSIONAL RECORD — HOUSE June 23, 2011 independently conceived of an inven- In the last 7 years, only one inde- underlying legislation. Section 3 shifts our pat- tion before it was in the public domain. pendent inventor out of 3 million patent system from our unique First to Invent sys- And under the Constitution, that is ent applications filed has proved an tem to a First to File system. As I speak to in- what is required to be considered an earlier date of invention than the inventors, startups, venture capitalists and angel ‘‘inventor.’’ ventor who filed first. investors in California, I am convinced that the b 1530 Madam Chair, let me repeat that: in proposed transition to First to File would be the last 7 years, only one independent harmful to innovation and burdensome to the In fact, early American patent law, inventor out of 3 million patent appli- most dynamic and innovative sector of our that of our Founders’ generation, did cations filed has proved an earlier date economy. not concern itself with who was the of invention than the inventor who With the shift to First to File, the rush to the first to invent. The U.S. operated under filed first. Independent inventors lose patent office will lead to new costs for small a first-inventor-to-register system for to other applicants with deeper pockets businesses as they prepare applications for in- nearly half a century, starting in 1790. that are better equipped to exploit the ventions that they ultimately find impractical. The first-inventor-to-register system is current complex legal environment. The result will be more and lower quality pat- similar to first-inventor-to-file, a sys- So the first-inventor-to-file change ent applications, undermining the improved tem that the Founders themselves sup- makes it easier and less complicated patent quality H.R. 1249 seeks to achieve. For ported early in our Nation’s history. for U.S. inventors to secure their pat- The courts did not even concern small startups, the costs of retaining outside ent rights, and it protects their patents themselves with who was the first per- counsel for this purpose will be a drain on son to invent until 1870, with the cre- overseas. And it eliminates the legal their limited resources, and it will mean less ation of interference proceedings. bills that come with interference pro- money for hiring and the actual act of inven- Those proceedings are the ones that ceedings under the current system. It tion. disadvantage independent inventors is a key provision of this bill. Supporters of First to File argue that it will and small businesses. And over the Madam Chair, the amendment should increase certainty in the patent process, but I years, and in subsequent revisions of not be approved, and I urge my col- am skeptical that any such gains in efficiency the law, those proceedings have leagues to vote against it. will result. The interference proceedings at the morphed into a costly litigation tactic. I yield back the balance of my time. PTO that are used to resovle disputes regard- Under first-inventor-to-file, an inven- Mr. SENSENBRENNER. Madam ing patent rights are rare, representing only a tor submits an application to the Pat- Chair, I yield 1 minute to the gen- tiny fraction of patent filings. Moreover, there ent Office that describes their inven- tleman from California (Mr. SCHIFF). is an established, century old body of law on tion and how to make it. That, along Mr. SCHIFF. Madam Chair, I find FIrst to Invent. It will take years, if not dec- with just a $110 fee, gets them a provi- myself in reluctant opposition to my ades, for similar clarity to develop on a First sional application and preserves their colleague from Texas in support of the to File. filing date. This allows the inventor an Sensenbrenner amendment. Section 3 Supporters of First to File argue that inven- entire year to complete the applica- shifts our patent system from the tors can turn to provisional applications to pro- tion, while retaining the earlier filing unique first-to-invent system to a first- tect their patent rights. That sounds good in date. By contrast, the cost of an inter- to-file system. theory, but from talking to small inventors I ference proceeding in today’s law could As I speak to inventors, startups, have learned that good provisional applica- run an inventor $500,000. venture capitalists and angel investors tions require substantial legal fees and time in- Accusations that the bill doesn’t pre- in California, I’m convinced that the vestment on the part of the inventor to make serve the 1-year grace period are sim- proposed transition to first-to-file them sufficiently detailed to be of any use ply false. This bill provides a stronger, would be harmful to innovation and should another entity file a similar patent appli- more transparent and certain 1-year burdensome to the most dynamic and cation. grace period for disclosures. This en- innovative sector of our economy. Madam Chair, I appreciate the hard work hances protection for inventors who With the shift to first-to-file, the that has gone into this bill and the leadership have made a public or private disclo- rush to the Patent Office will lead to of the gentleman from Texas. However, I re- sure of their invention during the grace new costs for small businesses as they main deeply concerned that the shift to First to period. prepare applications for inventions File will have lasting negative consequences The grace period protects the ability that they may ultimately find imprac- for small inventors, and I urge the House to of an inventor to discuss or write about tical. For small startups, the cost of improve the bill by adopting the Sensen- their ideas for a patent up to 1 year be- retaining outside counsel for this pur- brenner amendment. fore they file for patent protection. pose will be a drain on their limited re- Mr. SENSENBRENNER. Madam These simple requirements create a sources and mean less money for hiring Chair, I yield 1 minute to the gentle- priority date that is fixed and public so and the actual act of innovation. woman from California (Ms. ZOE LOF- that everyone in the world can meas- Supporters of first-to-file argue in- GREN). ure the patent against competing ap- ventors can turn to provisional appli- Ms. ZOE LOFGREN of California. plications and patents and relevant cations to protect their patent rights. Madam Chair, I rise in support of the prior art. But from talking to small inventors, I Sensenbrenner amendment. Actually, I In addition, many inventors also have learned that good provisional ap- don’t agree that first-to-file is uncon- want protection for their patents out- plications require substantial legal fees stitutional, and I, in general, am not side of the United States. If you plan and time investment on the part of the opposed to the idea of first-to-file. on selling your product overseas, you inventor to make them sufficiently de- But, unfortunately, the bill is flawed, need to secure an early filing date. If tailed to be of use. and you cannot have first-to-file with- you don’t have a clear filing date, you The Acting CHAIR. The time of the out robust prior-user rights and a can be shut out from the overseas mar- gentleman has expired. broad prior-user rights used in the ket. A change to a first-inventor-to-file Mr. SENSENBRENNER. I yield the grace period. We don’t have that in this system will help our businesses grow gentleman an additional 15 seconds. bill. and ensure that American goods and Mr. SCHIFF. I appreciate the hard And so what we will have are estab- services will be available in markets work that has gone into the bill by the lished businesses having to either re- across the globe. gentleman from Texas. However, I re- veal trade secrets or be held up, have The current first-to-invent system main deeply concerned that the shift to to license their own trade secrets. For seriously disadvantages small busi- first-to-file will have lasting negative startups this is a very serious problem. nesses and independent inventors. consequences for small investors, and I And coming from Silicon Valley, I’ll Former PTO Commissioner Gerald urge the House to improve the bill by tell you I’ve heard from a lot of Mossinghoff conducted a study that adopting the Sensenbrenner amend- startups and the venture world that proved smaller entities are disadvan- ment. supports them that this provision is de- taged in PTO interference proceedings Madam Chair, following is my statement in fective. that arise from disputes over patent its entirety: I rise in support of the Sensen- There were other remedies. They ownership under the current system. brenner amendment to strike Section 3 of the were not adopted. All we can do now is

VerDate Mar 15 2010 04:57 Jun 24, 2011 Jkt 099060 PO 00000 Frm 00030 Fmt 7634 Sfmt 0634 E:\CR\FM\K23JN7.077 H23JNPT1 rfrederick on DSKD9S0YB1PROD with HOUSE June 23, 2011 CONGRESSIONAL RECORD — HOUSE H4493 to strike the first-to-file provision. I do The Chair recognizes the gentleman Although the PTO has the ability to that without any reluctance. It will from Illinois. set certain fees by regulation, most serve our economy best. And I thank Mr. MANZULLO. Madam Chair, there fees are set by Congress. History has the gentleman for offering his amend- are a lot of problems with this bill as shown that such a scheme does not ment. we have heard about already. In fact, allow the PTO to respond to the chal- Mr. SENSENBRENNER. I yield my- on the wall of my office here in Wash- lenges that confront it. self the balance of the time. ington, I have two pictures, among The PTO, most stakeholders, and the Madam Chair, the reason that first- many. One is a picture of W. Edwards Judiciary Committee have agreed for to-invent is important is that it allows Deming and myself, taken just before years that the agency must have fee- an inventor to talk to investors, con- he passed away in 1993—the real inven- setting authority to address its grow- duct trial and error innovation and tor of Lee Manufacturing. The other is ing workload. This need is critical. The deal with leaks, because commercially of Dr. Ray Damadian, the inventor of agency’s backlog exceeds 1 million pat- important patent rights are deter- the MRI who, when examining this leg- ent applications. This means it takes 3 mined by ordinary, nonburdensome islation, said if the new changes had years to get a patent in the United business activities. taken place in the patent law, had they States—far too long. The wasted time Where this hurts the ordinary inven- been part of the patent system when he leads to lost commercial opportunities, tor by going to first-to-file is that he invented the MRI, the MRI never would fewer jobs, and fewer new products for needs to get his venture capital to- have been invented. He knows more American consumers. Moreover, the gether, and then go ahead and file for a than anybody how flawed this bill is. new fee structure will not only retain patent. With first-to-file, he has to put I want to focus in particular on sec- the existing 50 percent discount for all of the money up front to file in tion 10 of the bill, which allows the Di- small businesses, it creates a new 75 order to protect himself; and what that rector of the Patent Office to set fees. percent discount for micro entities. will do is have a chilling effect on the I’m very concerned about this because, This benefit helps independent inven- small inventor who needs to get capital in the last patent fight, in 2004, when I tors and small businesses. in order to perfect a patent and in chaired the House Small Business Com- The bill allows the PTO to set or ad- order to market it. That’s why this mittee, in return for supporting higher just all of its fees, including those re- amendment should be adopted. I urge fees with a reduced rate structure for lated to patents and trademarks, so the Members to do so. small businesses, the provision in that long as they do no more than reason- I yield back the balance of my time. bill allowing the PTO Director to set ably compensate the agency for the The Acting CHAIR. The question is fees was removed. services performed. on the amendment offered by the gen- To the charge that we are aban- b 1540 tleman from Wisconsin (Mr. SENSEN- doning our oversight of the process, I BRENNER). This new bill abrogates that hard- urge the Members to review the over- The question was taken; and the Act- won compromise and allows the direc- sight mechanisms in the bill. For ex- ing Chair announced that the noes ap- tor of the PTO to set the fees. It is not ample, prior to setting such fees, the peared to have it. wise for the legislative branch to give director must give notice to and re- Mr. SENSENBRENNER. Madam up more power and authority to the ex- ceive input from the Patent Public Ad- Chair, I demand a recorded vote. ecutive branch. I know it’s inconven- visory Committee or the Trademark The Acting CHAIR. Pursuant to ient to have Congress set fees, but Public Advisory Committee. The direc- clause 6 of rule XVIII, further pro- that’s the job of Congress, not the job tor may also reduce fees for any given ceedings on the amendment offered by of an unelected bureaucrat. fiscal year, but only after consultation the gentleman from Wisconsin will be When I chaired the House Small with the advisory committees. postponed. Business Committee, I continued the The bill details the procedures for AMENDMENT NO. 13 OFFERED BY MR. MANZULLO tradition of preventing the SBA from how the director shall consult with the The Acting CHAIR. It is now in order unilaterally being able to set fees to advisory committees, which includes to consider amendment No. 13 printed whatever level they sought. I don’t see providing for public hearings and the in part B of House Report 112–111. why we have to do this with the PTO. dissemination to the public of any rec- Mr. MANZULLO. Madam Chair, I Now in the present bill, section 11 actu- ommendations made by either advisory have an amendment at the desk. ally lowers fees for small business peo- committee. The Acting CHAIR. The Clerk will ple and has a good patent fee structure. Fees shall be prescribed by rule. Any designate the amendment. However, section 10 would allow the proposed fee change shall be published The text of the amendment is as fol- PTO Director to proceed with the ad- in the Federal Register and include the lows: ministrative process to eviscerate that specific rationale and purpose for the Strike section 10 (beginning on page 81, section and impose its own fees. proposed change. line 14; ‘‘Fee Setting Authority’’), as amend- To compound the problem, the Pat- The director must seek public com- ed, and insert the following (and conform the ent Office has been saying for years ments for no less than 45 days. The di- table of contents accordingly): that if they had the authority to raise rector must also notify Congress of any SEC. 10. ELECTRONIC FILING INCENTIVE. fees, they would. In 2002, the PTO stra- final decision regarding proposed fees. (a) IN GENERAL.—An additional fee of $400 tegic plan said they needed to have a shall be established for each application for Congress shall have no more than 45 an original patent, except for a design, plant, fee based upon a progressive system days to consider and comment on any or provisional application, that is not filed aimed at limiting applications. In 2010, proposed fee, but no proposed fee shall by electronic means as prescribed by the Di- in the white paper on patent reform, be effective prior to the expiration of rector. The fee established by this subsection they said the same thing. this 45-day period. shall be reduced by 50 percent for small enti- The Patent Office’s idea of cutting Congress will remain part of the ties that qualify for reduced fees under sec- back on the backlog is to raise fees. process, but PTO is better able to re- tion 41(h)(1) of title 35, United States Code. That doesn’t make sense. But let’s spond to their own resource needs, All fees paid under this subsection shall be eliminate that authority from the Pat- deposited in the Treasury as an offsetting re- which, after all, will benefit patent ceipt that shall not be available for obliga- ent Office. Let’s leave that authority holders and subsequently the economy. tion or expenditure. with the United States Congress. I urge my colleagues to oppose the (b) EFFECTIVE DATE.—This section shall I reserve the balance of my time. amendment. take effect upon the expiration of the 60-day Mr. SMITH of Texas. Madam Chair, I Madam Chair, I yield the balance of period beginning on the date of the enact- rise in opposition to the amendment. my time to the gentleman from Vir- ment of this Act. The Acting CHAIR. The gentleman is ginia (Mr. GOODLATTE), the chairman of The Acting CHAIR. Pursuant to recognized for 5 minutes. the Intellectual Property Sub- House Resolution 316, the gentleman Mr. SMITH of Texas. Madam Chair, I committee. from Illinois (Mr. MANZULLO) and a oppose the gentleman’s amendment to The Acting CHAIR. The gentleman Member opposed each will control 5 strike the PTO fee-setting authority from Virginia is recognized for 21⁄2 min- minutes. from H.R. 1249. utes.

VerDate Mar 15 2010 03:15 Jun 24, 2011 Jkt 099060 PO 00000 Frm 00031 Fmt 7634 Sfmt 0634 E:\CR\FM\K23JN7.079 H23JNPT1 rfrederick on DSKD9S0YB1PROD with HOUSE H4494 CONGRESSIONAL RECORD — HOUSE June 23, 2011 Mr. GOODLATTE. I thank the chair- amendment is to protect the little guy even more limited personnel and man for yielding. to make sure those fees are not raised, money. Added procedures add to the Madam Chairman, I rise in opposi- and also to make sure that the people gridlock at the PTO, at the Patent Of- tion to this amendment. in this country elect representatives in fice, and it will also do what? It will The Senate-passed patent bill grant- Congress because it’s our job to set the break the back of small inventors and ed the PTO fee-setting authority into fees, not the job of an unelected person, startup companies who are trying to perpetuity. The Senate’s goal was laud- the person in charge of the Patent Of- get a new product on the market. able. It wanted to allow the PTO to fice. b 1550 have control over the fees that it I would therefore urge my colleagues charges so that it would have more cer- to vote for the Manzullo amendment, It will empower the multinational tainty about rolling out new programs to support the little inventor, to sup- and foreign corporations who can grind and hiring new examiners to deal with port the spirit of entrepreneurship in down the little guy, because what we pendency and quality issues. We have, this country. are doing in this bill is adding even fur- as you know, a very long backlog—3 Madam Chair, I yield back the bal- ther procedures they have to go years, 1 million patents. However, I ance of my time. through, even after they have got their had strong concerns with granting this The Acting CHAIR. The question is patent issued to them. much authority to a government agen- on the amendment offered by the gen- This is the big guy versus little guy cy. tleman from Illinois (Mr. MANZULLO). legislation. That was even pointed out Currently, the PTO must come before The question was taken; and the Act- by the Hoover Institution, which did an Congress to request any fee increases. ing Chair announced that the noes ap- analysis of this bill and said, ‘‘The This forces the PTO to use its current peared to have it. American Invents Act will protect resources in the most efficient manner Mr. MANZULLO. Madam Chair, I de- large entrenched companies at the ex- and also strengthens Congress’ hand mand a recorded vote. pense of market challenging competi- when it comes to oversight over the The Acting CHAIR. Pursuant to tors.’’ agency. Thus, I worked to get a provi- clause 6 of rule XVIII, further pro- ‘‘A patent should be challenged in court, not sion into the House bill that would ceedings on the amendment offered by in the U.S. Patent Office.’’ sunset the PTO’s fee-setting authority. the gentleman from Illinois will be ‘‘A politicized patent system will further en- The bill now terminates the fee-setting postponed. trench those companies with the largest lob- authority after 7 years unless Congress AMENDMENT NO. 14 OFFERED BY MR. bying shops on K Street.’’ proactively acts to extend it. This will ROHRABACHER ‘‘The bill wreaks havoc on property rights, allow the PTO sufficient time to struc- The Acting CHAIR. It is now in order and predictable property rights are essential ture its fees but will ensure that Con- to consider amendment No. 14 printed for economic growth.’’ gress continues to have a strong influ- in part B of House Report 112–111. ‘‘If America weakens its patent enforcement ence over that process. Mr. ROHRABACHER. Madam Chair- at home, it will set a dangerous precedent And I might add that the manager’s man, I have an amendment at the desk. overseas.’’ amendment to the bill also strengthens The Acting CHAIR. The Clerk will ‘‘The America Invents Act would inject mas- Congress’ hand and limits the objective designate the amendment. sive uncertainty into the patent system.’’ of the PTO to arbitrarily raise its fees The text of the amendment is as fol- This is a travesty. It is an attack on because the Congress still appropriates lows: American well-being, because we de- the funds and can only escrow funds— Page 73, after line 2, insert the following pend on our small inventors to come up can’t divert them to another purpose, new subsection: with the ideas. The Kaptur-Rohr- but escrows them. PTO will have to (i) INAPPLICABILITY OF POST-GRANT REVIEW abacher amendment limits this new come back to the Congress and justify TO CERTAIN SMALL ENTITIES.— burden. If we can’t get rid of it, at least additional funds it receives. (1) IN GENERAL.—Notwithstanding any we can limit this new burden of all I believe the bill, as it is written other provision of law, a patent granted to a these post-grant reviews they are going right now, strikes the right balance. United States citizen, an individually law- to add to companies that have more fully admitted for permanent residence in than 100 employees. It frees up the Pat- And I urge Members to oppose this the United States, or a United States com- amendment, which would altogether pany with less than 100 employees shall not ent Office personnel to do their job, eliminate PTO fee-setting authority. be subject to any form of post-grant review helps with that gridlock, and protects Mr. MANZULLO. I yield myself the or reexamination. the small business man and small in- balance of my time. (2) RULEMAKING.—The Director shall issue ventors at the same time. Madam Chair, you don’t strike the such regulations as may be necessary to I would ask my colleagues to support right balance between an inventor’s carry out this subsection. the Kaptur-Rohrabacher amendment. constitutional right to file for an in- The Acting CHAIR. Pursuant to I yield such time as she may consume vention and giving a patent czar the House Resolution 316, the gentleman to the gentlewoman from Ohio (Ms. authority to keep him out of the box from California (Mr. ROHRABACHER) and KAPTUR). by allowing him to raise the fees. Mr. a Member opposed each will control 5 Ms. KAPTUR. I thank the gentleman SMITH from Texas said it himself; he minutes. for yielding and urge my colleagues to coupled patent backlog with the ability The Chair recognizes the gentleman support the Rohrabacher-Kaptur of the patent director to set the fees. from California. amendment, which ensures fairness for That can only lead to one conclusion: Mr. ROHRABACHER. In this debate, small and independent inventors. With- They’re going to raise the fees in order Madam Chairman, we have heard over out it, this bill will destroy American to cut down on the patent backlog. It and over and over again about the grid- job creation and innovation since it doesn’t make sense. lock at the Patent Office, which is sup- throws out 220 years of patent protec- This is the people’s House. The Pat- posedly what we’re trying to correct tions for individual inventors. ent Office is the people’s house for the with this legislation, H.R. 1249, which I Our amendment addresses a major little inventor. He must have every op- have been contending is not designed shortcoming of the bill by eliminating portunity to exercise his constitutional to help the Patent Office, but to har- the burden of post-grant reviews and right and file that patent. But if Con- monize American law with the rest of reexaminations on individual inventors gress cedes the authority to set those the world and make it weaker patent and small businesses with 100 or fewer fees to a new authority of the patent protection for our people. employees. director—or we can call him now the But what does it do about the back- The new procedures and regulations patent czar—that patent czar will con- log, if that’s really what people are in this bill will make it extremely dif- trol for 7 years, at the minimum, the concerned about? H.R. 1249 would actu- ficult for the average citizen to ever flow of traffic coming through his of- ally tremendously add to the PTO get a patent or defend one without our fice. And you know who gets slowed? backlog by requiring further post-grant amendment. Our amendment clearly Do you know who gets hurt? It’s the review proceedings at the Patent Of- gives the Patent Office the authority little guy. And the purpose of my fice, proceedings which would consume to issue appropriate regulations that

VerDate Mar 15 2010 03:15 Jun 24, 2011 Jkt 099060 PO 00000 Frm 00032 Fmt 7634 Sfmt 0634 E:\CR\FM\K23JN7.083 H23JNPT1 rfrederick on DSKD9S0YB1PROD with HOUSE June 23, 2011 CONGRESSIONAL RECORD — HOUSE H4495 ensure that the new regulatory burdens of patentability than costly litigation and more certain by surviving a post- in this bill do not disproportionately in Federal court, which can run into grant review. impact individual inventors. This the millions of dollars and last for The amendment would exempt small amendment is about ensuring fairness years. This amendment is an immunity businesses from the post-grant opposi- for small inventors. agreement for patent trolls, those enti- tion proceeding. However, the quality We urge our colleagues to support ties who do not create jobs or innova- of a patent examination does not hinge the Kaptur-Rohrabacher amendment so tion but simply game the legal system. on the size of the applicant, whether it all inventors in America have a chance Additionally, this amendment ap- was a small business, an independent to realize their dreams, and, in real- pears to violate our international obli- inventor, or a large corporation. It izing their dreams, assuring that we gations under the TRIPS agreement. hinges on the PTO job of scrutinizing will have robust innovation and job Under TRIPS, we are obligated not to that patent. A bogus patent held by an creation in our country. discriminate against any field of tech- independent inventor is no less deserv- The Acting CHAIR. The gentleman nology or categories of patent holders. ing of a second look than a bogus pat- from California has 11⁄2 minutes re- By providing an exemption from all re- ent held by a Fortune 500 company. maining. examination proceedings for techno- For these reasons, I urge opposition Mr. ROHRABACHER. Let me just logical patents granted to patent trolls to this very bad amendment. note, our amendment empowers the Di- or nonpracticing entities, this would The Acting CHAIR. The gentleman rector of the Patent Office to extend create a clear violation of our legal ob- from California has 30 seconds remain- this 100-employee standard to other ligations. ing. small businesses and individual inven- Our patent system should be designed Mr. ROHRABACHER. I yield the bal- tors overseas if this is required by a to ensure that it produces strong pat- ance of my time to the gentlewoman treaty; yes, small businesses and indi- ents and patent certainty. The PTO re- from Ohio (Ms. KAPTUR). vidual inventors overseas. So our examination proceedings help ensure Ms. KAPTUR. I would like to refute amendment does nothing to violate that these important goals are accom- Mr. SMITH’s argument. In fact, he has any treaty obligations by giving our plished. This amendment bars any form manufactured an argument against our own people special rights over foreign of reexam for U.S.-owned patents and, amendment that says it will violate individuals. thus, would also prevent U.S. inventors WTO obligations, specifically citing What it does do, however, is prevent themselves from using supplemental TRIPS. He seems to object to the use foreign corporations from grinding examination to even be able to correct of references to American citizens and down our inventors here, like they errors in the record about their own U.S. companies, but obviously failed to grind down their inventors overseas. patents. read the entire amendment which al- This is what we are doing to prevent a This amendment creates a huge loop- lows the Patent Office to issue relevant harmonization of our laws, because we hole in our patent system by exempt- regulations for properly implementing don’t want weaker patent protection ing entities with 100 or fewer employ- this amendment. And if he was so con- for our people. They already got it ees. This will not help small businesses cerned about WTO compliance, he overseas against their foreign corpora- but will allow patent troll entities, for- should strike section 18 of his own bill tions that grind them down. We want eign companies, and foreign govern- which is clearly WTO noncompliant be- to protect our own people. ments to manipulate our patent sys- cause it creates a special class for only I reserve the balance of my time. tem. It would bar use of the business- one industry, the banking industry. Mr. SMITH of Texas. Madam Chair, I methods transitional proceeding I urge my colleagues to vote against rise in opposition to the amendment. against most business-method patents. the bill and for the Rohrabacher-Kap- The Acting CHAIR. The gentleman is This amendment is a recipe for al- tur amendment. recognized for 5 minutes. lowing patent trolls and foreign compa- The Acting CHAIR. The question is Mr. SMITH of Texas. Madam Chair, nies and their governments to bypass on the amendment offered by the gen- almost everyone in Congress wants to normal post-grant challenges and en- tleman from California (Mr. ROHR- help small businesses. They are the ables weak or questionable patents to ABACHER). foundation of our economy and are the bypass further scrutiny. There is no le- The question was taken; and the Act- primary job creators. But this amend- gitimate public policy objective in ex- ing Chair announced that the noes ap- ment includes certain terms or phrases empting large numbers of those who peared to have it. that have nothing to do with the un- manipulate our patent system from the Mr. ROHRABACHER. Madam Chair, I derlying goal that it purports to rules of the road. It is for these reasons demand a recorded vote. achieve. that I strongly oppose this amendment. The Acting CHAIR. Pursuant to This amendment appears to focus on I yield the balance of my time to the clause 6 of rule XVIII, further pro- small businesses, but in reality the gentleman from Virginia (Mr. GOOD- ceedings on the amendment offered by amendment attempts to provide the LATTE). the gentleman from California will be trial lawyer lobby and patent trolls The Acting CHAIR. The gentleman postponed. with an exemption from PTO reexam- from Virginia is recognized for 2 min- AMENDMENT NO. 15 OFFERED BY MR. SCHOCK ination, allowing them to continue utes. The Acting CHAIR. It is now in order suing job creators using frivolous or Mr. GOODLATTE. Madam Chairman, to consider amendment No. 15 printed questionable patents. This amendment I rise in strong opposition to this in part B of House Report 112–111. has nothing to do with small busi- amendment, which is a bad idea. Post- Mr. SCHOCK. Madam Chairwoman, I nesses and everything to do with pro- grant review is one of the most impor- have an amendment at the desk. viding an exemption for some of the tant provisions in this bill. It allows The Acting CHAIR. The Clerk will worst offenders of our patent system. third parties, for a limited window of 9 This amendment will not help inde- months after a patent is issued, to sub- designate the amendment. pendent inventors or small businesses. mit evidence that the patent should The text of the amendment is as fol- Small businesses need the PTO reex- not have been granted in the first lows: amination proceedings. Those pro- place. Page 112, strike line 18 and all that follows ceedings strengthen patents, and This allows third parties, many of through page 118, line 2, and redesignate succeeding sections and references thereto (and strong patents are what investors look whom will be small businesses them- conform the table of contents) accordingly. for when making decisions about selves who are familiar with the sub- Page 68, line 9, strike ‘‘in section 18 and’’. whether or not to provide venture cap- ject matter, to provide a check on pat- ital funding. ent examiners. If the evidence shows b 1600 The argument that reexam pro- that the patent is indeed invalid, then The Acting CHAIR. Pursuant to ceedings harass or hurt small busi- the patent applicant should never have House Resolution 316, the gentleman nesses is just plain wrong. The reexam received the patent in the first place. If from Illinois (Mr. SCHOCK) and a Mem- proceedings are a cheaper, quicker, the evidence shows that the patent is ber opposed each will control 5 min- better alternative to resolve questions valid, then the patent is made stronger utes.

VerDate Mar 15 2010 03:15 Jun 24, 2011 Jkt 099060 PO 00000 Frm 00033 Fmt 7634 Sfmt 0634 E:\CR\FM\K23JN7.088 H23JNPT1 rfrederick on DSKD9S0YB1PROD with HOUSE H4496 CONGRESSIONAL RECORD — HOUSE June 23, 2011 The Chair recognizes the gentleman Madam Chair, I now yield 1 minute the too-big-to-fail banks have at- from Illinois. to the gentleman from New York (Mr. tempted to eliminate their patent in- Mr. SCHOCK. I thought when we GRIMM), a member of the Financial fringement liabilities to smaller com- started this Congress that we had Services Committee. panies and inventors that have pat- agreed to no more earmarks, no more Mr. GRIMM. I rise today to call on ented financial services-related busi- handouts, no more special privileges my colleagues to oppose the Schock- ness method patents. They are now for any specific industry. But based on Waters amendment. This amendment coming to Congress in hopes that you reading H.R. 1249, it’s obvious to see would strike one of the legislation’s will help them steal a specific type of that it includes controversial language most important reforms, a crackdown innovation and legislatively take other which does just that—section 18, which on low-quality business method pat- financial services-related business sets forth a new and different process ents, which have weakened the patent method patents referenced in H.R. 1249, for certain business method patents for system and cost companies and their section 18. This is simply wrong. any other patents seeking approval. customers millions of dollars. Infa- Elected Members of Congress should Section 18 carves out a niche of busi- mous patent trolls—people who aggres- not allow the banks to use us to steal ness method patents covering tech- sively try to enforce patents through legally issued and valid patents. Finan- nology used specifically in the finan- courts in friendly venues—have made cial services-related business method cial industry and would create a spe- business method patents their spe- patents have saved financial services cial class of patents in the financial cialty in recent years. These same pat- companies billions of dollars. But services field subject to their own dis- ent trolls have funded an elaborate that’s not enough for the banks. Be- tinctive post-grant administrative re- propaganda campaign targeting the re- cause the banks have failed at every view. This new process allows for retro- forms in section 18. attempt to void these patents, they’re active reviews of already-proven pat- Let us simply set the record straight. attempting to use their power to write ents that have undergone initial scru- Section 18 allows patent experts to re- into law what they could not achieve tiny, review, and have even been examine through temporary pilot pro- at PTO or in the courts. upheld in court. Now these patents will grams legally questionable business Don’t be tricked, don’t be fooled, and be subjected to an unprecedented new method patents, a problem that the don’t be used. I urge my colleagues to level of interrogation. Patent Office has already said it is listen to the floor debates. The other side will argue that some- ready and willing to tackle. Opponents Mr. SMITH of Texas. Madam Chair, I how magically a number of these finan- have asserted that the measure would yield 11⁄2 minutes to the gentleman cially related patents breezed through help only the banks. This isn’t true. from New York (Mr. CROWLEY), who is the patent office and thus must be re- The National Retail Federation and a member of the Ways and Means Com- viewed. Well, nothing could be further the U.S. Chamber of Commerce have mittee. from the truth. In fact, the allowance endorsed this provision. Companies im- Mr. CROWLEY. I thank the gen- rate for these business method patents pacted include McDonald’s, Walmart, tleman for yielding. is the smallest of any of the art forms. Costco, Home Depot, Best Buy, and Madam Chair, I rise in strong opposi- In fact, roughly 10 percent of those Lowes. These don’t sound like banks to tion to the amendment that would business method patents applied for are me. eliminate section 18 of the underlying actually approved. patent reform bill. Section 18 empow- At a time when these small entre- Opponents also claim that this sec- ers the Patent and Trademark Office to preneurs and innovators need to be tion is unconstitutional. review the validity of so-called busi- dedicating their resources and new ad- The Acting CHAIR. The time of the ness method patents. This language vancements to innovation, they will in- gentleman has expired. was drafted in close cooperation with stead, because of section 18, be required Mr. SMITH of Texas. I yield the gen- the Patent and Trademark Office and to divert research funds to lawyers to tleman an additional 15 seconds. the Department of Commerce. It also fight the deep pockets of Wall Street, Mr. GRIMM. Again, there has been a enjoys the wide bipartisan support of who will now attempt to attack their tremendous propaganda campaign basi- the Judiciary Committee, which de- right to hold these financially related cally to sell untruths that we simply patents. need to get past. The truth is, this is feated a similar amendment during With that, Madam Chair, I reserve best for the small guy. If we really care committee consideration of this bill. the balance of my time. about the small inventors that create Further, this amendment does not Mr. SMITH of Texas. Madam Chair, I innovation in this country, then we hurt any legitimate inventors. It only rise in opposition to the amendment. should oppose this amendment. allows for the review of abstract pat- The Acting CHAIR. The gentleman is Don’t take my word for it—read the words of ents issued since 1988 when a Federal recognized for 5 minutes. Judge Michael McConnell—once the most in- court ruled that business methods Mr. SMITH of Texas. I yield myself 1 fluential federal appeal court judge in the na- could be patented—a ruling which the minute. tion—and now the head of the Constitutional U.S. Supreme Court limited signifi- Madam Chair, I strongly oppose this Law Center at Stanford Law School: cantly last year. amendment. It strikes a useful provi- He said, ‘‘There is nothing novel or unprece- What are these business methods I’m sion that would provide a way to re- dented, much less unconstitutional, about the talking about? In one case, a business view the validity of certain business procedures proposed,’’ and ‘‘we can state with method patent was issued for inter- method patents. The proceeding would confidence that the proposed legislation is active fund-raising across a data pack- create an inexpensive and faster alter- supported by settled precedent.’’ et transferring computer network. native to litigation, allowing parties to I think it is time we stop listening to patent Once obtained, the patent holder sued resolve their disputes rather than trolls who abuse our court system, and start the Red Cross for soliciting charitable spending millions of dollars that litiga- listening to the businesses that drive job cre- contributions on the Internet, claiming tion now costs. In the process, the pro- ation and economic growth in this country. that his patent covers this entire field. ceeding would also prevent nuisance or Madam Chairman, I strongly urge my col- In another example, a patent was extortion lawsuits. leagues to support this bill and oppose the granted covering the printing of mar- This provision is strongly supported Schock-Waters amendment to strike Section keting materials on billing statements. by community banks, credit unions, 18. These patents, and many others in and other institutions that are an im- Mr. SCHOCK. Madam Chair, I yield 1 this space, are not legitimate patents portant source of lending to home- minute to my friend, the cosponsor of that help advance America. They are owners and small businesses. Finally, this amendment, the gentlewoman nuisance patents used to sue legitimate this bill only creates a new mechanism from California (Ms. WATERS). businesses and nonprofit business orga- for reviewing the validity of business Ms. WATERS. As a member of the nizations like the Red Cross or any method patents. It does not alter the Judiciary Committee, I rise in strong other merchants who engage in normal validity of those patents. Under settled support of the Schock-Boren-Waters- activity that should never be patented. precedent, the transitional review pro- Sensenbrenner-Franks-Kaptur amend- In fact, this language will not go after gram is absolutely constitutional. ment to strike section 18. For years, any legitimate patent, but only allow a

VerDate Mar 15 2010 03:15 Jun 24, 2011 Jkt 099060 PO 00000 Frm 00034 Fmt 7634 Sfmt 0634 E:\CR\FM\K23JN7.092 H23JNPT1 rfrederick on DSKD9S0YB1PROD with HOUSE June 23, 2011 CONGRESSIONAL RECORD — HOUSE H4497 review of illegitimate patents, like I urge Members to reject this amend- nological innovation over the prior art and are those looking to patent the ‘‘office ment, which strikes an important liti- concerned with a technical problem which is water cooler discussion.’’ No legitimate gation reform provision in the under- solved with a technical solution. The techno- inventor needs to worry about a post- lying bill. logical innovation exception does not exclude grant review. In fact, under this sec- Mr. SCHOCK. Mr. Chairman, I would a patent simply because it recites technology. tion, the PTO cannot even look at a like to inquire of my time remaining. Inventions related to manufacturing and ma- patent unless they determine that it The Acting CHAIR. The gentleman chines that do not simply use known tech- ‘‘more likely than not’’ would be in- from Illinois has 11⁄2 minutes remain- nology to accomplish a novel business proc- valid. That’s a very high standard. ing. ess would be excluded from review under Let’s help America grow and succeed Mr. SCHOCK. I now yield 1 minute to Section 18. and oppose this amendment. my friend from California (Mr. LUN- Section 18 would not cover patents related Mr. SCHOCK. Mr. Chairman, I yield GREN). to the manufacture and distribution of machin- 30 seconds to my friend and cosponsor Mr. DANIEL E. LUNGREN of Cali- ery to count, sort, and authenticate currency. of this amendment, the gentleman fornia. Mr. Chairman, I might just say It is the intention of Section 18 to not review from Oklahoma (Mr. BOREN). that, in answer to the question raised mechanical inventions related to the manufac- Mr. BOREN. Mr. Chairman, I rise by my friend from Virginia ‘‘why would ture and distribution of machinery to count, today in support of the amendment anyone oppose this?’’ it is because of sort and authenticate currency like change that I’ve coauthored with Mr. SCHOCK. the Constitution. sorters and machines that scan currency During my time in Congress I have This provision, section 18, is clearly whose novelty turns on a technological inno- been a consistent supporter of small violative of the Constitution. It would vation over the prior art. These types of pat- businesses. Here on the House floor we have you believe that you could go to ents would not be eligible for review under this are told nearly every day that small court, an article III court, and have a program. businesses are the engine of our Na- final decision—a final judgment—ren- Mr. SHUSTER. Mr. Chair, I would like to tion’s economy, and there’s no dis- dered by a court, including a jury. place in the record my understanding that the counting that fact. Then after that, there’s not an appeal definition of ‘‘covered business method pat- If included in the final bill, I believe to an appellate court but an appeal ent,’’ Section 18(d)(1) of H.R. 1249, the Amer- section 18 will pose a devastating somehow back to an administrative ica Invents Act, is intended to be narrowly threat to America’s small business agency? construed to target only those business meth- community. Business method patents Does anybody sense there is a viola- od patents that are unique to the financial already endure a lengthy approval tion of the separation of powers? Does services industry in the sense that they are process, and section 18 would only anybody understand what the Court patents which only a financial services pro- make it more difficult for inventors to said in the Plaut case, which said that vider would use to furnish a financial product defend their patents. the Constitution gives the Federal ju- or service. The example that I have been I ask my colleagues to support this diciary the power to not merely rule on given is a patent relating to electronic check amendment. cases but to decide them subject to re- scanning, which is the type of invention that Mr. SMITH of Texas. Mr. Chairman, I only the financial services industry would uti- yield the balance of my time to the view only by superior courts in article III hierarchy? lize as a means of providing improved or more gentleman from Virginia (Mr. GOOD- You can argue all you want, but efficient banking services. In contrast, Section LATTE). that’s what the Supreme Court says. 18 would not encompass a patent that can be The Acting CHAIR (Mr. YODER). The used in other industries, but which a financial gentleman from Virginia is recognized This is an obvious, blatant violation of the Constitution. That’s the answer services provider might also use. Lastly, it is for 11⁄4 minutes. also my understanding from discussions with Mr. GOODLATTE. Mr. Chairman, I to my friends who say we have to have this provision. Yes, it may be that the the Committee that Section 18 is targeted only rise in opposition to this amendment. towards patents for non-technological inven- There is no doubt that the PTO has U.S. Constitution is the inconvenient truth here. We are not allowed to vio- tions. issued business method patents of ques- Mr. GRIMM. Mr. Chair, I rise in strong sup- late it even though we do it with the tionable merit over the years. Many of port of the America Invents Act. This is a his- best of intentions. these patents are still on the books. toric bill. It will drive innovation, create jobs, The Acting CHAIR. The gentleman Unfortunately, many of these patents improve patent quality, and reduce frivolous from Illinois is recognized for 30 sec- are being used by aggressive trial law- litigation. This is a good bill for current and fu- onds. yers to extort money from deep pock- ture patent holders—big and small. ets. Section 18 of the bill simply cre- Mr. SCHOCK. Mr. Chairman, for so I do rise today with some disappointment, ates a process that allows experts at many reasons, this provision of the bill however, that opponents of this bill have reck- the PTO to reexamine the types of is flawed. I ask my colleagues to join lessly spread misinformation about the bill and business method patents that the PTO me in supporting the repeal of section some of its most important provisions. The believes to be of the poorest quality. 18, and simply ask this: move to first inventor to file is wholly constitu- This section was drafted in close co- Regardless of where your support lies tional and it will strengthen the patent system ordination with the USPTO and is a as to the underlying bill, why are we for entrepreneurs and small businesses. They pilot program that simply allows them doing something separate for financial will no longer have to compete with big busi- to review certain business methods services patents? Why are we doing ness to prove the validity of their patents after patents against the best prior art in a something separate for the business filing. reexamination process. method patents? Shouldn’t all reforms Mr. Chair, I would also like to speak to one affect all patents and all industries? of the legislation’s most important reforms—a 1610 b I would argue this is an earmark and crackdown on low-quality business-method Why would anyone oppose a process a special provision for one industry, patents, which have weakened the patent sys- that allows low-quality patents, as and for so many reasons would ask for tem and cost companies and their customers identified by the USPTO, to be re- a ‘‘yes’’ vote on my amendment. millions of dollars in extra fees. Infamous ‘‘pat- viewed by the experts? Mr. SMITH of Texas. Mr. Chair, I want to ent trolls’’—people who aggressively try to en- Business method patents on financial clarify that Section 18 is designed to address force patents through the courts in friendly activities are the type of patents that the problem of low-quality business method venues—have made business-method patents are the subject of lawsuits and abuse patents that are commonly associated with the their specialty in recent years. most often. They are litigated at a rate Federal Circuit’s 1998 State Street decision. These same patent trolls have funded an 39 times greater than any other pat- Not all business method patents are eligible elaborate propaganda campaign targeting the ents. Section 18 is designed to correct a for review by the patent office under Section reforms in Section 18. Let us set the record fundamental flaw in the system that is 18. Towards that end, Section 18 of the bill straight—Section 18 simply allows patent ex- costing consumers millions each year. specifically exempts ‘‘patents for technological perts to re-examine—through a temporary, The provision is supported by a broad inventions’’ from review. pilot program—legally questionable business- bipartisan coalition that includes the Patents for technological inventions are method patents. A problem the patent office U.S. Chamber of Commerce. those patents whose novelty turns on a tech- has said it is ready and willing to tackle.

VerDate Mar 15 2010 03:15 Jun 24, 2011 Jkt 099060 PO 00000 Frm 00035 Fmt 7634 Sfmt 9920 E:\CR\FM\K23JN7.093 H23JNPT1 rfrederick on DSKD9S0YB1PROD with HOUSE H4498 CONGRESSIONAL RECORD — HOUSE June 23, 2011 Opponents have asserted that the measure A recorded vote was ordered. Larsen (WA) Nunes Schweikert Larson (CT) Nunnelee Scott (SC) would help only banks. That isn’t true. The The vote was taken by electronic de- Latham Olson Scott (VA) National Retail Federation and the U.S. Cham- vice, and there were—ayes 105, noes 316, LaTourette Olver Scott, Austin ber of Commerce have endorsed this bill. not voting 10, as follows: Latta Owens Scott, David Levin Palazzo Companies impacted include Wal-Mart, [Roll No. 482] Serrano Costco, McDonalds, Best Buy, Home Depot, Lewis (CA) Pallone Sessions AYES—105 Lewis (GA) Pascrell Shimkus and Lowes. Do any of these companies sound LoBiondo Paulsen Akin Garrett Paul Shuler Loebsack Pearce like banks to you? They don’t to me, either. Andrews Gohmert Payne Shuster Lowey Pence Opponents also claim that this section too is Bachmann Gonzalez Pelosi Simpson Lucas Perlmutter Baldwin Graves (GA) Petri Sires unconstitutional—another untruth. Don’t take Luetkemeyer Peters Bartlett Green, Al Pingree (ME) Smith (NE) my word for it—read the words of Judge Mi- Lummis Peterson Bass (CA) Green, Gene Polis Smith (NJ) Lungren, Daniel Pitts chael McConnell—once the most influential Becerra Grijalva Posey Smith (TX) E. Platts federal appeal court judge in the nation—and Benishek Hanabusa Rehberg Smith (WA) Lynch Poe (TX) Berman Hartzler Rohrabacher Speier now the head of the Constitutional Law Center Mack Pompeo Bilirakis Hirono Roybal-Allard Stark at Stanford Law School: He said, ‘‘There is Maloney Price (GA) Brady (PA) Honda Royce Stearns Marchant Price (NC) nothing novel or unprecedented, much less Broun (GA) Huelskamp Rush Stutzman Marino Quayle unconstitutional, about the procedures pro- Carson (IN) Huizenga (MI) Ryan (OH) Matheson Quigley Sullivan Clarke (MI) Hultgren Sanchez, Loretta posed,’’ and ‘‘we can state with confidence McCarthy (CA) Rahall Terry Clyburn Hunter Schiff that the proposed legislation is supported by McCarthy (NY) Reed Thompson (PA) Coffman (CO) Jackson (IL) Schilling McCaul Reichert Thornberry settled precedent.’’ Conyers Johnson, E. B. Schock McCollum Renacci Tiberi I think it is time we stop listening to patent Costa Jones Sensenbrenner McCotter Reyes Tipton Costello Kaptur Sewell trolls who abuse our court system, and start McDermott Ribble Tonko Cravaack Kildee Sherman listening to the businesses that drive job cre- McGovern Richardson Tsongas Cummings King (IA) Slaughter McHenry Richmond Upton ation and economic growth in this country. Davis (CA) Kucinich Southerland McIntyre Rigell Van Hollen Support this bill and oppose the Schock- Davis (IL) Lee (CA) Sutton McKeon Rivera Vela´ zquez DeFazio Lipinski Thompson (CA) Waters amendment to strike Section 18. McKinley Roby Walberg DeLauro Lofgren, Zoe Thompson (MS) Mr. SCHOCK. I yield back the bal- McMorris Roe (TN) Walden Doyle Long Tierney ance of my time. Rodgers Rogers (AL) Walsh (IL) Duncan (TN) Luja´ n Towns Meehan Rogers (KY) Walz (MN) The Acting CHAIR. The question is Edwards Manzullo Turner Meeks Rogers (MI) Wasserman on the amendment offered by the gen- Ellison Markey Visclosky Mica Rokita Schultz Emerson Matsui Waters tleman from Illinois (Mr. SCHOCK). Michaud Rooney Watt Eshoo McClintock Waxman The question was taken; and the Act- Miller (FL) Ros-Lehtinen Webster Farr McNerney West Miller (MI) Roskam Welch ing Chair announced that the ayes ap- Filner Miller, George Wolf Miller (NC) Ross (AR) Westmoreland peared to have it. Frelinghuysen Moore Woolsey Miller, Gary Ross (FL) Whitfield Mr. SMITH of Texas. Mr. Chairman, I Fudge Pastor (AZ) Yarmuth Moran Rothman (NJ) Wilson (FL) demand a recorded vote. NOES—316 Mulvaney Runyan Wilson (SC) The Acting CHAIR. Pursuant to Murphy (CT) Ruppersberger Wittman clause 6 of rule XVIII, further pro- Ackerman Chu Gosar Murphy (PA) Ryan (WI) Womack Adams Cicilline Gowdy ceedings on the amendment offered by Myrick Sarbanes Woodall Aderholt Clarke (NY) Granger Nadler Scalise Wu the gentleman from Illinois will be Alexander Clay Graves (MO) Neal Schakowsky Yoder postponed. Altmire Cleaver Griffin (AR) Neugebauer Schmidt Young (AK) Amash Coble Griffith (VA) ANNOUNCEMENT BY THE ACTING CHAIR Noem Schrader Young (FL) Austria Cohen Grimm Nugent Schwartz Young (IN) The Acting CHAIR. Pursuant to Baca Cole Guinta clause 6 of rule XVIII, proceedings will Bachus Conaway Guthrie NOT VOTING—10 Barletta Connolly (VA) Gutierrez now resume on those amendments ´ Barrow Cooper Hall Berg Hinchey Sanchez, Linda printed in part B of House Report 112– Barton (TX) Courtney Hanna Dold Holden T. 111 on which further proceedings were Bass (NH) Crawford Harper Giffords Napolitano Stivers postponed, in the following order: Berkley Crenshaw Harris Gingrey (GA) Rangel Biggert Critz Hastings (FL) Amendment No. 2 by Mr. CONYERS of ANNOUNCEMENT BY THE ACTING CHAIR Michigan. Bilbray Crowley Hastings (WA) Bishop (GA) Cuellar Hayworth The Acting CHAIR (during the vote). Amendment No. 3 by Ms. BALDWIN of Bishop (NY) Culberson Heck The Chair notes a disturbance in the Wisconsin. Bishop (UT) Davis (KY) Heinrich Amendment No. 9 by Mr. CONYERS of Black DeGette Hensarling gallery in contravention of the laws Michigan. Blackburn Denham Herger and rules of the House. The Sergeant at Blumenauer Dent Herrera Beutler Arms will remove those persons re- Amendment No. 12 by Mr. SENSEN- Bonner DesJarlais Higgins BRENNER of Wisconsin. Bono Mack Deutch Himes sponsible for the disturbance and re- Amendment No. 13 by Mr. MANZULLO Boren Diaz-Balart Hinojosa store order to the gallery. of Illinois. Boswell Dicks Hochul Boustany Dingell Holt ANNOUNCEMENT BY THE ACTING CHAIR Amendment No. 14 by Mr. ROHR- Brady (TX) Doggett Hoyer The Acting CHAIR (during the vote). ABACHER of California. Braley (IA) Donnelly (IN) Hurt The Chair notes a disturbance in the Amendment No. 15 by Mr. SCHOCK of Brooks Dreier Inslee Illinois. Brown (FL) Duffy Israel gallery in contravention of the laws The Chair will reduce to 2 minutes Buchanan Duncan (SC) Issa and rules of the House. The Sergeant at Bucshon Ellmers Jackson Lee Arms will remove those persons re- the time for any electronic vote after Buerkle Engel (TX) the first vote in this series. Burgess Farenthold Jenkins sponsible for the disturbance and re- AMENDMENT NO. 2 OFFERED BY MR. CONYERS Burton (IN) Fattah Johnson (GA) store order to the gallery. Butterfield Fincher Johnson (IL) ANNOUNCEMENT BY THE ACTING CHAIR The Acting CHAIR. The unfinished Calvert Fitzpatrick Johnson (OH) business is the demand for a recorded Camp Flake Johnson, Sam The Acting CHAIR (during the vote). vote on the amendment offered by the Campbell Fleischmann Jordan The Chair notes a disturbance in the gentleman from Michigan (Mr. CON- Canseco Fleming Keating Cantor Flores Kelly gallery in contravention of the laws YERS) on which further proceedings Capito Forbes Kind and rules of the House. The Sergeant at were postponed and on which the noes Capps Fortenberry King (NY) Arms will remove those persons re- prevailed by voice vote. Capuano Foxx Kingston sponsible for the disturbance and re- The Clerk will redesignate the Cardoza Frank (MA) Kinzinger (IL) Carnahan Franks (AZ) Kissell store order to the gallery. amendment. Carney Gallegly Kline ANNOUNCEMENT BY THE ACTING CHAIR The Clerk redesignated the amend- Carter Garamendi Labrador ment. Cassidy Gardner Lamborn The Acting CHAIR (during the vote). Castor (FL) Gerlach Lance RECORDED VOTE The Chair notes a disturbance in the Chabot Gibbs Landry The Acting CHAIR. A recorded vote Chaffetz Gibson Langevin gallery in contravention of the laws has been demanded. Chandler Goodlatte Lankford and rules of the House. The Sergeant at

VerDate Mar 15 2010 03:17 Jun 24, 2011 Jkt 099060 PO 00000 Frm 00036 Fmt 7634 Sfmt 0634 E:\CR\FM\A23JN7.036 H23JNPT1 rfrederick on DSKD9S0YB1PROD with HOUSE June 23, 2011 CONGRESSIONAL RECORD — HOUSE H4499 Arms will remove those persons re- But this game is our opportunity to Courtney Jordan Price (NC) sponsible for the disturbance and re- come together as women, as sisters, as Cravaack Keating Quayle Crawford Kelly Rahall store order to the gallery. a bipartisan representation in the fight Crenshaw King (NY) Reed ANNOUNCEMENT BY THE ACTING CHAIR against breast cancer. We invite you Crowley Kingston Reichert The Acting CHAIR (during the vote). all out to come to the game tonight, 7 Cuellar Kinzinger (IL) Renacci Culberson Kissell The Chair notes a disturbance in the p.m. at Watkins Recreation Center, Reyes Cummings Kline Richardson gallery in contravention of the laws and watch us beat the Capitol press Davis (CA) Labrador Richmond and rules of the House. The Sergeant at corps. Davis (IL) Lamborn Rigell Davis (KY) Lance Arms will remove those persons re- AMENDMENT NO. 3 OFFERED BY MS. BALDWIN Rivera DeFazio Landry sponsible for the disturbance and re- Roby The Acting CHAIR. Without objec- DeGette Langevin Roe (TN) store order to the gallery. tion, 2-minute voting will continue. DeLauro Lankford Rogers (AL) Denham Larsen (WA) b 1641 There was no objection. Rogers (KY) Dent Latham Rogers (MI) The Acting CHAIR. The unfinished DesJarlais LaTourette Messrs. AUSTRIA, WHITFIELD, Rokita business is the demand for a recorded Deutch Latta BLUMENAUER, Mrs. CAPPS, Messrs. Rooney Diaz-Balart Levin vote on the amendment offered by the Ros-Lehtinen GARAMENDI, NUGENT, FLEMING, Dicks Lewis (CA) gentlewoman from Wisconsin (Ms. Roskam MEEHAN, BRALEY, Ms. SCHA- Dingell Lewis (GA) Ross (AR) BALDWIN) on which further proceedings Doggett Lipinski KOWSKY, Messrs. DICKS and LAN- Ross (FL) were postponed and on which the noes Dold LoBiondo GEVIN changed their vote from ‘‘aye’’ Rothman (NJ) prevailed by voice vote. Donnelly (IN) Loebsack to ‘‘no.’’ Roybal-Allard The Clerk will redesignate the Doyle Lofgren, Zoe Ms. ESHOO, Messrs. HONDA, PAUL, Dreier Lowey Runyan amendment. Ruppersberger MCNERNEY, and Mrs. BACHMANN Duncan (SC) Lucas The Clerk redesignated the amend- Eshoo Luetkemeyer Ryan (OH) changed their vote from ‘‘no’’ to ‘‘aye.’’ Sarbanes ment. Farenthold Luja´ n So the amendment was rejected. Farr Lungren, Daniel Scalise The result of the vote was announced RECORDED VOTE Fattah E. Schakowsky as above recorded. The Acting CHAIR. A recorded vote Fincher Lynch Schmidt Schock Stated against: has been demanded. Fitzpatrick Mack Flake Maloney Schwartz Mr. DOLD. Mr. Chairman, on rollcall No. A recorded vote was ordered. Fleischmann Marchant Schweikert 482, I was unavoidably detained. Had I been The Acting CHAIR. This will be a 2- Fleming Marino Scott (SC) present, I would have voted ‘‘no.’’ minute vote. Flores Markey Scott (VA) Scott, Austin Mrs. NAPOLITANO. Mr. Chair, on Thursday, The vote was taken by electronic de- Forbes Matheson Fortenberry Matsui Scott, David June 23, 2011, I was absent during rollcall vice, and there were—ayes 81, noes 342, Foxx McCarthy (CA) Serrano vote No. 482 in order to attend my grandson’s not voting 8, as follows: Frank (MA) McCarthy (NY) Sessions Sewell graduation. Had I been present, I would have [Roll No. 483] Frelinghuysen McCaul voted ‘‘no’’ on the Conyers (MI)/Rohrabacher Gallegly McCollum Sherman AYES—81 Shimkus (CA) Amendment (No. 2). Gardner McCotter Bachmann Green, Gene Quigley Gerlach McDermott Shuler (By unanimous consent, Mrs. EMER- Shuster Baldwin Hartzler Rehberg Gibbs McGovern Simpson SON was allowed to speak out of order.) Bartlett Hinchey Ribble Gohmert McHenry Sires CONGRESSIONAL WOMEN’S SOFTBALL GAME Bilirakis Hirono Rohrabacher Goodlatte McIntyre McKeon Slaughter Broun (GA) Huelskamp Royce Gowdy Mrs. EMERSON. Mr. Chairman, I am McKinley Smith (NE) Buerkle Hultgren Rush Granger happy to have an announcement that’s Graves (GA) McMorris Smith (NJ) Cardoza Hunter Ryan (WI) Graves (MO) Rodgers Smith (TX) not quite as exciting as that which Carson (IN) Jackson (IL) Sa´ nchez, Linda Clarke (MI) Jones Green, Al Meehan Smith (WA) we’ve just been watching. However, T. Clarke (NY) Kaptur Griffin (AR) Meeks Speier Sanchez, Loretta this is the Congressional Women’s Coffman (CO) Kildee Griffith (VA) Mica Stearns Schiff Softball Team, and JOE BACA is an hon- Conyers Kind Grimm Michaud Stutzman Schilling Critz King (IA) Guinta Miller (FL) Sullivan orary member of the team. He is one of Schrader Duffy Kucinich Guthrie Miller (MI) Sutton our coaches. Sensenbrenner Duncan (TN) Larson (CT) Gutierrez Miller (NC) Thompson (CA) EBBIE ASSERMAN CHULTZ D W S and I, Edwards Lee (CA) Southerland Hall Miller, Gary Thompson (MS) who are the cocaptains, wanted to, Ellison Long Stark Hanabusa Miller, George Thompson (PA) number one, tell you all that we will be Ellmers Lummis Terry Hanna Moran Thornberry playing the Washington news media to- Emerson Manzullo Towns Harper Mulvaney Tiberi Engel McClintock Turner Harris Murphy (CT) Tierney night at 7 o’clock at Watkins Recre- Filner McNerney Waters Hastings (FL) Murphy (PA) Tipton Franks (AZ) Moore ation Park up at 12th and D Streets Webster Hastings (WA) Myrick Tonko Fudge Payne Southeast. West Hayworth Nadler Tsongas Garamendi Pearce Woodall Heck Neal Upton We invite everybody to come and Garrett Petri Neugebauer Woolsey Heinrich Van Hollen cheer us on. We are going to win this Gibson Pingree (ME) Hensarling Noem Wu Vela´ zquez Gonzalez Polis Herger Nugent year. We’re good. Yarmuth Visclosky Gosar Posey Herrera Beutler Nunes Probably more than anything else, Walberg Higgins Nunnelee NOES—342 Walden this has been a wonderful opportunity Himes Olson Walsh (IL) for us to really bond as friends and as Ackerman Bishop (UT) Capito Hinojosa Olver Walz (MN) colleagues, not in any partisan way. Adams Black Capps Hochul Owens Wasserman And we’re just very excited and happy Aderholt Blackburn Capuano Holt Palazzo Akin Blumenauer Carnahan Honda Pallone Schultz that we’re playing tonight. We need all Alexander Bonner Carney Hoyer Pascrell Watt of your support. Altmire Bono Mack Carter Huizenga (MI) Pastor (AZ) Waxman I yield to the gentlewoman from Amash Boren Cassidy Hurt Paul Welch Andrews Boswell Castor (FL) Westmoreland Florida, DEBBIE WASSERMAN SCHULTZ. Inslee Paulsen Austria Boustany Chabot Israel Pelosi Whitfield Ms. WASSERMAN SCHULTZ. Mr. Baca Brady (PA) Chaffetz Issa Pence Wilson (FL) Chair, I want to thank all the women Bachus Brady (TX) Chandler Jackson Lee Perlmutter Wilson (SC) and our male coaches. We’ve been prac- Barletta Braley (IA) Chu (TX) Peters Wittman Barrow Brooks Cicilline ticing for 3 months, two or three times Jenkins Peterson Wolf Barton (TX) Brown (FL) Clay Johnson (GA) Pitts Womack a week at 7 in the morning, all to raise Bass (CA) Buchanan Cleaver Johnson (IL) Platts Yoder money for a great cause, for the Young Bass (NH) Bucshon Clyburn Johnson (OH) Poe (TX) Young (AK) Survival Coalition, which helps young Becerra Burgess Coble Johnson, E. B. Pompeo Young (FL) Benishek Burton (IN) Cohen Johnson, Sam Price (GA) Young (IN) women who are struggling with breast Berkley Butterfield Cole cancer or who have survived breast Berman Calvert Conaway NOT VOTING—8 cancer. All of you know that I am a Biggert Camp Connolly (VA) Bilbray Campbell Cooper Berg Grijalva Rangel breast cancer survivor, along with SUE Bishop (GA) Canseco Costa Giffords Holden Stivers MYRICK on the other side of the aisle. Bishop (NY) Cantor Costello Gingrey (GA) Napolitano

VerDate Mar 15 2010 03:17 Jun 24, 2011 Jkt 099060 PO 00000 Frm 00037 Fmt 7634 Sfmt 0634 E:\CR\FM\K23JN7.099 H23JNPT1 rfrederick on DSKD9S0YB1PROD with HOUSE H4500 CONGRESSIONAL RECORD — HOUSE June 23, 2011 ANNOUNCEMENT BY THE ACTING CHAIR the end that the question be put de Sutton Van Hollen Welch ´ The Acting CHAIR (during the vote). novo. Terry Velazquez Wilson (FL) Thompson (CA) Visclosky Wolf There is 1 minute remaining in this There was no objection. Thompson (MS) Walz (MN) Woodall vote. The Acting CHAIR. The Clerk will re- Tierney Wasserman Woolsey designate the amendment. Tonko Schultz Wu b 1648 Towns Waters The Clerk redesignated the amend- Yarmuth Tsongas Watt Yoder So the amendment was rejected. ment. Turner Webster The result of the vote was announced The Acting CHAIR. The question is NOES—198 as above recorded. on the amendment. Ackerman Gibson Nunes Stated against: The question was taken; and the Act- Adams Goodlatte Nunnelee Mrs. NAPOLITANO. Mr. Chair, on Thursday, ing Chair announced that the noes ap- Aderholt Gosar Olson Akin Gowdy June 23, 2011, I was absent during rollcall peared to have it. Owens vote No. 483 in order to attend my grandson’s Altmire Granger Palazzo RECORDED VOTE Amash Graves (MO) Paulsen graduation. Had I been present, I would have Austria Griffin (AR) Mr. HOYER. Mr. Chairman, I demand Pearce voted ‘‘no’’ on the Baldwin (WI)/Sensen- Bachus Grimm Peterson brenner (WI) Amendment. a recorded vote. Barletta Guinta Pingree (ME) Barrow Guthrie Pitts AMENDMENT NO. 9 OFFERED BY MR. CONYERS A recorded vote was ordered. Barton (TX) Hanna Platts The Acting CHAIR. Without objec- Bass (NH) Harper The Acting CHAIR. The unfinished Price (NC) Benishek Hartzler tion, 2-minute voting will continue. Quayle business is the demand for a recorded Berkley Hastings (WA) There was no objection. Reed vote on the amendment offered by the Biggert Hayworth Reichert gentleman from Michigan (Mr. CON- The vote was taken by electronic de- Bilbray Heck vice, and there were—ayes 223, noes 198, Bilirakis Herger Ribble YERS) on which further proceedings Rigell not voting 10, as follows: Bishop (UT) Herrera Beutler were postponed and on which the noes Black Himes Rivera prevailed by voice vote. [Roll No. 485] Bonner Hochul Roby Roe (TN) The Clerk will redesignate the AYES—223 Bono Mack Huizenga (MI) Boren Hurt Rogers (AL) amendment. Alexander Fitzpatrick Matsui Boswell Inslee Rogers (KY) The Clerk redesignated the amend- Andrews Fortenberry McCarthy (CA) Brady (TX) Issa Rokita ment. Baca Frank (MA) McClintock Brooks Johnson (IL) Rooney Bachmann Franks (AZ) McDermott Buchanan Johnson (OH) Ros-Lehtinen RECORDED VOTE Baldwin Frelinghuysen McGovern Bucshon Johnson, Sam Ross (AR) The Acting CHAIR. A recorded vote Bartlett Fudge McHenry Burgess Jordan Ross (FL) has been demanded. Bass (CA) Gallegly McNerney Butterfield Kelly Runyan Becerra Garamendi Meehan Camp King (NY) Ruppersberger A recorded vote was ordered. Berman Garrett Michaud Campbell Kinzinger (IL) Ryan (WI) The Acting CHAIR. This is a 2- Bishop (GA) Gohmert Miller (MI) Canseco Kline Scalise minute vote. Bishop (NY) Gonzalez Miller (NC) Capito Labrador Schilling Blackburn Graves (GA) Miller, George The vote was taken by electronic de- Carney Lamborn Schmidt Blumenauer Green, Al Moore Carter Landry Schock Boustany Green, Gene Moran vice, and a result was announced, when Cassidy Lankford Schrader Brady (PA) Griffith (VA) Nadler the following occurred. Chabot LaTourette Schwartz Braley (IA) Grijalva Neal Chaffetz Latta Schweikert POINT OF ORDER Broun (GA) Gutierrez Olver Chandler LoBiondo Scott (SC) Brown (FL) Hanabusa Pallone Mr. JACKSON of Illinois. Mr. Chair- Coble Loebsack Scott, Austin Buerkle Harris Pascrell man, point of order. Conaway Lowey Shimkus Burton (IN) Hastings (FL) Pastor (AZ) Cravaack Lucas The Acting CHAIR. The gentleman Calvert Heinrich Paul Shuler Crawford Luetkemeyer Shuster will state his point of order. Cantor Hensarling Payne Crenshaw Lummis Capps Higgins Pelosi Simpson Mr. JACKSON of Illinois. The gentle- Culberson Mack Sires Capuano Hinchey Pence Marchant lady was in the well attempting to cast Denham Smith (TX) Cardoza Hinojosa Perlmutter Dent Marino Stearns her vote. The Chair did not acknowl- Carnahan Hirono Peters DesJarlais Matheson Stutzman edge that the gentlelady was in the Carson (IN) Holt Petri Diaz-Balart McCarthy (NY) Sullivan Castor (FL) Honda Poe (TX) Dold McCaul well and continued to conclude the Thompson (PA) Chu Hoyer Polis Donnelly (IN) McCollum vote. I think it’s appropriate that the Thornberry Cicilline Huelskamp Pompeo Dreier McCotter House of Representatives, consistent Clarke (MI) Hultgren Posey Duffy McKeon Tiberi with its rules, and Lord knows, I’ve Clarke (NY) Hunter Price (GA) Duncan (SC) McKinley Tipton been in your position many times, and Clay Israel Quigley Ellmers McMorris Upton Cleaver Jackson (IL) Rahall Engel Rodgers Walberg I’ve had to stop the vote because a Clyburn Jackson Lee Rehberg Farenthold Meeks Walden Member was in the well. Coffman (CO) (TX) Renacci Fincher Mica Walsh (IL) It is the tradition of the House to ac- Cohen Jenkins Reyes Flake Miller (FL) West Cole Johnson (GA) Richardson knowledge a Member in the well when Fleischmann Miller, Gary Westmoreland Connolly (VA) Johnson, E. B. Richmond Fleming Mulvaney Whitfield they are casting their ballot, and it Conyers Jones Rogers (MI) Flores Murphy (CT) Wilson (SC) does not get shut off. Cooper Kaptur Rohrabacher Forbes Murphy (PA) Wittman I would like to make a motion that Costa Keating Roskam Foxx Myrick Womack Costello Kildee Rothman (NJ) Gardner Neugebauer Young (AK) we reconsider the vote. Courtney Kind Roybal-Allard Gerlach Noem Young (FL) The Acting CHAIR. The Chair is con- Critz King (IA) Royce Gibbs Nugent Young (IN) strained to advise the gentleman that a Crowley Kingston Rush Cuellar Kissell Ryan (OH) NOT VOTING—10 motion to reconsider is not available in Cummings Kucinich Sa´ nchez, Linda Berg Holden Stivers the Committee of the Whole. Davis (CA) Lance T. Giffords McIntyre Waxman Ms. ZOE LOFGREN of California. Mr. Davis (IL) Langevin Sanchez, Loretta Gingrey (GA) Napolitano Davis (KY) Larsen (WA) Sarbanes Hall Rangel Chairman, I would ask unanimous con- DeFazio Larson (CT) Schakowsky sent that the vote be retaken. We had DeGette Latham Schiff b 1659 DeLauro Lee (CA) Scott (VA) a tremendous effort that consumed So the amendment was agreed to. money and time for a similar incident Deutch Levin Scott, David Dicks Lewis (CA) Sensenbrenner The result of the vote was announced in a previous Congress. The smart Dingell Lewis (GA) Serrano as above recorded. thing to do would be to recognize this Doggett Lipinski Sessions Stated for: was error, and redo the vote so that we Doyle Lofgren, Zoe Sewell Ms. NAPOLITANO. Mr. Chair, on Thursday, Duncan (TN) Long Sherman can all move forward in comity. Edwards Luja´ n Slaughter June 23, 2011, I was absent during rollcall Mr. CANTOR. Mr. Chairman, I sup- Ellison Lungren, Daniel Smith (NE) vote #485 in order to attend my grandson’s port the request for unanimous con- Emerson E. Smith (NJ) graduation. Had I been present, I would have sent. Eshoo Lynch Smith (WA) Farr Maloney Southerland voted ‘‘aye’’ on the Conyers (MI)/Markey (MA)/ The Acting CHAIR. Without objec- Fattah Manzullo Speier Neal (MA)/Pompeo (KS)/Garrett (NJ) Amend- tion, the proceedings are vacated to Filner Markey Stark ment (#9).

VerDate Mar 15 2010 03:17 Jun 24, 2011 Jkt 099060 PO 00000 Frm 00038 Fmt 7634 Sfmt 9920 E:\CR\FM\K23JN7.103 H23JNPT1 rfrederick on DSKD9S0YB1PROD with HOUSE June 23, 2011 CONGRESSIONAL RECORD — HOUSE H4501 AMENDMENT NO. 12 OFFERED BY MR. Critz Keating Renacci Mrs. NAPOLITANO. Mr. Chair, on Thursday, SENSENBRENNER Crowley Kelly Reyes Cuellar Kind Ribble June 23, 2011, I was absent during rollcall The Acting CHAIR. The unfinished Culberson King (NY) Richardson vote No. 486 in order to attend my grandson’s business is the demand for a recorded Cummings Kinzinger (IL) Richmond graduation. Had I been present, I would have vote on the amendment offered by the Davis (IL) Kissell Rigell voted ‘‘nay’’ on the Sensenbrenner (WI) DeGette Kline Rivera EN gentleman from Wisconsin (Mr. S - DeLauro Lamborn Roby Amendment. SENBRENNER) on which further pro- Denham Lance Roe (TN) AMENDMENT NO. 13 OFFERED BY MR. MANZULLO ceedings were postponed and on which Dent Langevin Rogers (AL) The Acting CHAIR. The unfinished the noes prevailed by voice vote. DesJarlais Lankford Rogers (KY) Deutch Larsen (WA) Rogers (MI) business is the demand for a recorded The Clerk will redesignate the Diaz-Balart Larson (CT) Rokita vote on the amendment offered by the amendment. Dicks Latham Rooney gentleman from Illinois (Mr. MAN- Dingell LaTourette Ros-Lehtinen The Clerk redesignated the amend- ZULLO) on which further proceedings Doggett Latta Roskam ment. Dold Levin Ross (AR) were postponed and on which the noes RECORDED VOTE Donnelly (IN) Lewis (CA) Ross (FL) prevailed by voice vote. Dreier Lewis (GA) Rothman (NJ) The Clerk will redesignate the The Acting CHAIR. A recorded vote Duffy LoBiondo Roybal-Allard has been demanded. Duncan (SC) Loebsack Runyan amendment. A recorded vote was ordered. Ellison Lowey Ruppersberger The Clerk redesignated the amend- Engel Lucas The Acting CHAIR. This will be a 2- Ryan (WI) ment. Farenthold Luetkemeyer Sa´ nchez, Linda RECORDED VOTE minute vote. Fattah Lynch T. The vote was taken by electronic de- Fincher Mack Sarbanes The Acting CHAIR. A recorded vote Fitzpatrick Maloney Scalise vice, and there were—ayes 129, noes 295, Fleischmann Marino has been demanded. Schakowsky A recorded vote was ordered. not voting 7, as follows: Fleming Matheson Schrader Flores McCarthy (CA) [Roll No. 486] Schwartz The Acting CHAIR. This will be a 2- Forbes McCarthy (NY) Schweikert minute vote. Foxx McCaul AYES—129 Scott (SC) Frank (MA) McCollum The vote was taken by electronic de- Aderholt Gonzalez Paul Scott (VA) Fudge McDermott vice, and there were—ayes 92, noes 329, Akin Gosar Payne Scott, David Gallegly McGovern Amash Graves (GA) Serrano not voting 10, as follows: Pearce Gardner McHenry Bachmann Green, Gene Sessions Pelosi Gerlach McIntyre [Roll No. 487] Baldwin Grijalva Sewell Petri Gibbs McKeon Bartlett Hanabusa Sherman AYES—92 Pingree (ME) Goodlatte McKinley Benishek Harper Shimkus Adams Franks (AZ) Pearce Pitts Gowdy McMorris Bilbray Hartzler Shuler Amash Frelinghuysen Poe (TX) Granger Rodgers Petri Bilirakis Hinchey Shuster Baldwin Garrett Polis Graves (MO) Meehan Polis Bishop (UT) Hirono Simpson Bartlett Gibson Posey Green, Al Meeks Posey Blackburn Honda Sires Barton (TX) Gosar Rehberg Griffin (AR) Mica Rehberg Brady (PA) Huelskamp Smith (NJ) Benishek Gowdy Rohrabacher Griffith (VA) Michaud Ribble Brooks Huizenga (MI) Bilbray Graves (GA) Grimm Miller (MI) Smith (TX) Rohrabacher Broun (GA) Hultgren Royce Bilirakis Harris Guinta Miller (NC) Smith (WA) Rokita Buerkle Hunter Rush Boren Hartzler Guthrie Miller, Gary Stark Royce Burgess Johnson, E. B. Ryan (OH) Brooks Huelskamp Gutierrez Moran Stearns Ryan (WI) Burton (IN) Jones Sanchez, Loretta Broun (GA) Huizenga (MI) Hall Mulvaney Stutzman Sanchez, Loretta Chaffetz Kaptur Schiff Buerkle Hultgren Hanna Murphy (CT) Sutton Schilling Clarke (MI) Kildee Schilling Burgess Hunter Harris Murphy (PA) Thompson (CA) Schmidt Coble King (IA) Schmidt Burton (IN) Jenkins Hastings (FL) Myrick Thompson (MS) Schock Coffman (CO) Kingston Schock Cardoza Jones Hastings (WA) Nadler Thornberry Cole Kucinich Chaffetz Kaptur Scott (SC) Scott, Austin Hayworth Neal Tiberi Conyers Labrador Coffman (CO) Kingston Scott, Austin Sensenbrenner Heck Neugebauer Tipton Costello Landry Cole Landry Sensenbrenner Slaughter Heinrich Noem Tonko Cravaack Lee (CA) Conyers Lipinski Stutzman Smith (NE) Hensarling Nugent Towns Davis (CA) Lipinski Costa Long Terry Southerland Herger Nunes Tsongas Davis (KY) Lofgren, Zoe Cravaack Lummis Thompson (PA) Speier Herrera Beutler Olson Upton DeFazio Long Davis (IL) Mack Towns Sullivan Higgins Olver Van Hollen Doyle Luja´ n Dold Manzullo Turner Terry Himes Owens Vela´ zquez Duncan (TN) Lummis Duffy McClintock Walsh (IL) Thompson (PA) Hinojosa Palazzo Walberg Edwards Lungren, Daniel Duncan (SC) McCotter Webster Tierney Hochul Pallone Walden Ellmers E. Duncan (TN) Miller (FL) West Turner Holt Pascrell Walsh (IL) Emerson Manzullo Ellmers Moore Westmoreland Visclosky Hoyer Paulsen Walz (MN) Eshoo Marchant Emerson Mulvaney Wilson (SC) Webster Hurt Pence Wasserman Farr Markey Engel Nugent Wolf Inslee Perlmutter Schultz Filner Matsui West Farenthold Nunnelee Young (FL) Israel Peters Waters Flake McClintock Westmoreland Flake Paul Young (IN) Issa Peterson Watt Fortenberry McCotter Wilson (FL) Jackson (IL) Platts Waxman Franks (AZ) McNerney Wilson (SC) NOES—329 Jackson Lee Pompeo Welch Frelinghuysen Miller (FL) Wolf (TX) Price (GA) Whitfield Ackerman Brady (PA) Cleaver Garamendi Miller, George Woodall Jenkins Price (NC) Wittman Aderholt Brady (TX) Clyburn Garrett Moore Woolsey Johnson (GA) Quayle Womack Akin Braley (IA) Coble Gibson Nunnelee Young (AK) Johnson (IL) Quigley Wu Alexander Brown (FL) Cohen Gohmert Pastor (AZ) Young (FL) Johnson (OH) Rahall Yarmuth Altmire Buchanan Conaway Andrews Bucshon Connolly (VA) NOES—295 Johnson, Sam Reed Yoder Jordan Reichert Young (IN) Austria Butterfield Cooper Ackerman Bonner Carney Baca Calvert Costello Adams Bono Mack Carson (IN) NOT VOTING—7 Bachmann Camp Courtney Alexander Boren Carter Berg Holden Stivers Bachus Campbell Crawford Altmire Boswell Cassidy Giffords Napolitano Barletta Canseco Crenshaw Andrews Boustany Castor (FL) Gingrey (GA) Rangel Barrow Cantor Critz Austria Brady (TX) Chabot Bass (CA) Capito Crowley Baca Braley (IA) Chandler Bass (NH) Capps Cuellar Bachus Brown (FL) Chu b 1703 Becerra Capuano Culberson Barletta Buchanan Cicilline Mr. THOMPSON of California Berkley Carnahan Cummings Barrow Bucshon Clarke (NY) Berman Carney Davis (CA) Barton (TX) Butterfield Clay changed his vote from ‘‘aye’’ to ‘‘no.’’ Biggert Carson (IN) Davis (KY) Bass (CA) Calvert Cleaver So the amendment was rejected. Bishop (GA) Carter DeFazio Bass (NH) Camp Clyburn The result of the vote was announced Bishop (NY) Cassidy DeGette Becerra Campbell Cohen Bishop (UT) Castor (FL) DeLauro Berkley Canseco Conaway as above recorded. Black Chabot Denham Berman Cantor Connolly (VA) Stated for: Blackburn Chandler Dent Biggert Capito Cooper Mr. WOODALL. Mr. Chair, on rollcall No. Blumenauer Chu DesJarlais Bishop (GA) Capps Costa 486, had I been present, I would have voted Bonner Cicilline Deutch Bishop (NY) Capuano Courtney Bono Mack Clarke (MI) Diaz-Balart Black Cardoza Crawford ‘‘yes.’’ Boswell Clarke (NY) Dicks Blumenauer Carnahan Crenshaw Stated against: Boustany Clay Dingell

VerDate Mar 15 2010 03:17 Jun 24, 2011 Jkt 099060 PO 00000 Frm 00039 Fmt 7634 Sfmt 0634 E:\CR\FM\K23JN7.107 H23JNPT1 rfrederick on DSKD9S0YB1PROD with HOUSE H4502 CONGRESSIONAL RECORD — HOUSE June 23, 2011 Doggett Labrador Renacci grandson’s graduation. Had I been present, I Fincher Lowey Rogers (KY) Donnelly (IN) Lamborn Reyes Fitzpatrick Lucas Rogers (MI) Doyle Lance Richardson would have voted ‘‘nay’’ on the Manzullo (IL) Fleischmann Luetkemeyer Rokita Dreier Langevin Richmond Amendment. Fleming Luja´ n Rooney Edwards Lankford Rigell AMENDMENT NO. 14 OFFERED BY MR. Flores Lummis Ros-Lehtinen Ellison Larsen (WA) Rivera Forbes Lungren, Daniel Roskam ROHRABACHER Eshoo Larson (CT) Roby Fortenberry E. Ross (AR) Farr Latham Roe (TN) The Acting CHAIR. The unfinished Foxx Lynch Ross (FL) Fattah LaTourette Rogers (AL) business is the demand for a recorded Frank (MA) Mack Rothman (NJ) Filner Latta Rogers (KY) vote on the amendment offered by the Fudge Maloney Roybal-Allard Fincher Lee (CA) Rogers (MI) Gallegly Marchant Runyan Fitzpatrick Levin Rooney gentleman from California (Mr. ROHR- Gardner Marino Ruppersberger Fleischmann Lewis (CA) Ros-Lehtinen ABACHER) on which further proceedings Gerlach Matheson Rush Fleming Lewis (GA) Roskam were postponed and on which the noes Gibbs Matsui Ryan (WI) Flores LoBiondo Ross (AR) Gonzalez McCarthy (CA) prevailed by voice vote. Sa´ nchez, Linda Forbes Loebsack Ross (FL) Goodlatte McCarthy (NY) T. Fortenberry Lofgren, Zoe Rothman (NJ) The Clerk will redesignate the Gowdy McCaul Sarbanes Foxx Lowey Roybal-Allard amendment. Granger McClintock Scalise Frank (MA) Lucas Runyan Graves (GA) McCollum The Clerk redesignated the amend- Schakowsky Fudge Luetkemeyer Ruppersberger Graves (MO) McDermott Schiff Gallegly Luja´ n Rush ment. Green, Al McGovern Schmidt Garamendi Lungren, Daniel Ryan (OH) Griffin (AR) McHenry RECORDED VOTE Schock Gardner E. Sa´ nchez, Linda Griffith (VA) McIntyre Schrader Gerlach Lynch T. The Acting CHAIR. A recorded vote Grimm McKeon Schwartz Gibbs Maloney Sarbanes has been demanded. Guinta McKinley Schweikert Gohmert Marchant Scalise A recorded vote was ordered. Guthrie McMorris Scott (SC) Gonzalez Marino Schakowsky Gutierrez Rodgers Scott (VA) Goodlatte Markey Schiff The Acting CHAIR. This will be a 2- Hanabusa Meehan Scott, David Granger Matheson Schrader minute vote. Hanna Meeks Serrano Graves (MO) Matsui Schwartz The vote was taken by electronic de- Harper Mica Sessions Green, Al McCarthy (CA) Schweikert Hastings (FL) Michaud Sewell Green, Gene McCarthy (NY) Scott (VA) vice, and there were—ayes 81, noes 342, Hastings (WA) Miller (MI) Sherman Griffin (AR) McCaul Scott, David Hayworth Miller (NC) not voting 8, as follows: Shimkus Griffith (VA) McCollum Serrano Heck Miller, Gary Shuler Grijalva McDermott Sessions [Roll No. 488] Heinrich Miller, George Shuster Grimm McGovern Sewell Hensarling Moore AYES—81 Simpson Guinta McHenry Sherman Herger Moran Akin Gohmert Miller (FL) Sires Guthrie McIntyre Shimkus Herrera Beutler Mulvaney Bachmann Gosar Pastor (AZ) Slaughter Gutierrez McKinley Shuler Higgins Murphy (CT) Baldwin Green, Gene Paul Smith (NE) Hall McNerney Shuster Himes Murphy (PA) Bartlett Grijalva Pearce Smith (NJ) Hanabusa Meehan Simpson Hinchey Myrick Barton (TX) Hall Petri Smith (TX) Hanna Meeks Sires Hinojosa Nadler Benishek Harris Polis Harper Mica Slaughter Hochul Neal Smith (WA) Bilbray Hartzler Posey Hastings (FL) Michaud Smith (NE) Honda Neugebauer Speier Bilirakis Hirono Rehberg Hastings (WA) Miller (MI) Smith (NJ) Hoyer Noem Stark Bishop (UT) Holt Reyes Hayworth Miller (NC) Smith (TX) Hurt Nugent Stearns Brady (PA) Huelskamp Rohrabacher Heck Miller, Gary Smith (WA) Israel Nunes Sullivan Burgess Huizenga (MI) Royce Heinrich Miller, George Southerland Issa Nunnelee Terry Coffman (CO) Hultgren Ryan (OH) Hensarling Moran Speier Jackson (IL) Olson Thompson (CA) Cole Hunter Sanchez, Loretta Herger Murphy (CT) Stark Jackson Lee Olver Thompson (MS) Conyers Inslee Schilling Herrera Beutler Murphy (PA) Stearns (TX) Owens Thornberry Costello Jones Scott, Austin Higgins Myrick Sullivan Jenkins Palazzo Tiberi Duncan (SC) Kaptur Sensenbrenner Himes Nadler Sutton Johnson (GA) Pallone Tierney Duncan (TN) King (IA) Southerland Hinchey Neal Thompson (CA) Johnson (IL) Pascrell Tipton Edwards Kingston Stutzman Hinojosa Neugebauer Thompson (MS) Johnson (OH) Paulsen Towns Ellison Kissell Sutton Hirono Noem Thornberry Johnson, E. B. Payne Tsongas Emerson Kucinich Thompson (PA) Hochul Nunes Tiberi Johnson, Sam Pelosi Upton Fattah Landry Tonko Holt Olson Tierney Jordan Pence Van Hollen Filner Latham Turner Honda Olver Tipton Keating Perlmutter Vela´ zquez Flake Lipinski Walsh (IL) Hoyer Owens Tonko Kelly Peters Visclosky Franks (AZ) Manzullo Waters Hurt Palazzo Tsongas Kildee Peterson Walberg Frelinghuysen Markey Webster Inslee Pallone Upton Kind Pingree (ME) Walden Garamendi McCotter West Israel Pascrell Van Hollen King (NY) Pitts Walz (MN) Gibson McNerney Wolf Issa Pastor (AZ) Vela´ zquez Kinzinger (IL) Platts Wasserman Jackson (IL) Paulsen Visclosky NOES—342 Kline Poe (TX) Schultz Jackson Lee Payne Walberg Labrador Pompeo Watt (TX) Pelosi Walden Ackerman Bucshon Costa Lamborn Price (GA) Waxman Johnson (GA) Pence Walz (MN) Adams Buerkle Courtney Lance Price (NC) Welch Johnson (IL) Perlmutter Wasserman Aderholt Burton (IN) Cravaack Langevin Quayle Westmoreland Johnson (OH) Peters Schultz Alexander Butterfield Crawford Lankford Quigley Whitfield Johnson, E. B. Peterson Waters Altmire Calvert Crenshaw Larsen (WA) Rahall Wilson (FL) Johnson, Sam Pingree (ME) Watt Amash Camp Critz Larson (CT) Reed Wilson (SC) Jordan Pitts Waxman Andrews Campbell Crowley LaTourette Reichert Wittman Keating Platts Welch Austria Canseco Cuellar Latta Renacci Womack Kelly Poe (TX) Whitfield Baca Cantor Culberson Lee (CA) Ribble Woodall Kildee Pompeo Wilson (FL) Bachus Capito Cummings Levin Richardson Woolsey Kind Price (GA) Wittman Barletta Capps Davis (CA) Lewis (CA) Richmond Wu King (IA) Price (NC) Womack Barrow Capuano Davis (IL) Lewis (GA) Rigell Yarmuth King (NY) Quayle Woolsey Bass (CA) Cardoza Davis (KY) LoBiondo Rivera Yoder Kinzinger (IL) Quigley Wu Bass (NH) Carnahan DeFazio Loebsack Roby Young (AK) Kissell Rahall Yarmuth Becerra Carney DeGette Lofgren, Zoe Roe (TN) Young (FL) Kline Reed Yoder Berkley Carson (IN) DeLauro Long Rogers (AL) Young (IN) Kucinich Reichert Young (AK) Berman Carter Denham Biggert Cassidy Dent NOT VOTING—8 NOT VOTING—10 Bishop (GA) Castor (FL) DesJarlais Berg Gingrey (GA) Rangel Bishop (NY) Chabot Deutch Berg McKeon Rangel Garrett Holden Stivers Giffords McMorris Stivers Black Chaffetz Diaz-Balart Giffords Napolitano Gingrey (GA) Rodgers Woodall Blackburn Chandler Dicks Holden Napolitano Blumenauer Chu Dingell b 1712 Bonner Cicilline Doggett b 1707 Bono Mack Clarke (MI) Dold So the amendment was rejected. Boren Clarke (NY) Donnelly (IN) The result of the vote was announced So the amendment was rejected. Boswell Clay Doyle The result of the vote was announced Boustany Cleaver Dreier as above recorded. as above recorded. Brady (TX) Clyburn Duffy Stated against: Stated against: Braley (IA) Coble Ellmers Mrs. NAPOLITANO. Mr. Chair, on Thursday, Mrs. NAPOLITANO. Mr. Speaker, on Thurs- Brooks Cohen Engel June 23, 2011, I was absent during rollcall Broun (GA) Conaway Eshoo day, June 23, 2011, I was absent during roll- Brown (FL) Connolly (VA) Farenthold vote No. 488 in order to attend my grandson’s call vote No. 487 in order to attend my Buchanan Cooper Farr graduation. Had I been present, I would have

VerDate Mar 15 2010 03:17 Jun 24, 2011 Jkt 099060 PO 00000 Frm 00040 Fmt 7634 Sfmt 9920 E:\CR\FM\A23JN7.048 H23JNPT1 rfrederick on DSKD9S0YB1PROD with HOUSE June 23, 2011 CONGRESSIONAL RECORD — HOUSE H4503 voted ‘‘nay’’ on the Rohrabacher (CA)/Kaptur Brooks Harper Olson graduation. Had I been present, I would have Broun (GA) Hastings (FL) Owens (OH) Amendment. Buchanan Hastings (WA) Palazzo voted ‘‘yea’’ on the Schock (IL)/Boren (OK)/ AMENDMENT NO. 15 OFFERED BY MR. SCHOCK Bucshon Hayworth Paulsen Waters (CA)/Sensenbrenner (WI)/Franks (AZ)/ The Acting CHAIR. The unfinished Burton (IN) Heck Pence Kaptur (OH) Amendment. Butterfield Heinrich Perlmutter The Acting CHAIR. The question is business is the demand for a recorded Calvert Hensarling Peters vote on the amendment offered by the Camp Herger Peterson on the committee amendment in the gentleman from Illinois (Mr. SCHOCK) Campbell Herrera Beutler Pitts nature of a substitute, as amended. Canseco Higgins Platts The amendment was agreed to. on which further proceedings were Cantor Himes Pompeo postponed and on which the ayes pre- Capito Hinojosa Posey The Acting CHAIR. Under the rule, vailed by voice vote. Capuano Hochul Price (GA) the Committee rises. Cardoza Holt Price (NC) Accordingly, the Committee rose; The Clerk will redesignate the Carnahan Hoyer Quayle amendment. Carney Huizenga (MI) Reed and the Speaker pro tempore (Mr. The Clerk redesignated the amend- Carter Hultgren Reichert LATHAM) having assumed the chair, Mr. ment. Cassidy Hurt Renacci YODER, Acting Chair of the Committee Castor (FL) Issa Reyes of the Whole House on the State of the RECORDED VOTE Chabot Jenkins Ribble Union, reported that that Committee, The Acting CHAIR. A recorded vote Chaffetz Johnson (GA) Richardson Cicilline Johnson (IL) Richmond having had under consideration the bill has been demanded. Clarke (NY) Johnson (OH) Rigell (H.R. 2149) to amend title 35, United A recorded vote was ordered. Clay Johnson, E. B. Rivera Cleaver Johnson, Sam Roby States Code, to provide for patent re- The Acting CHAIR. This will be a 2- Clyburn Jordan Roe (TN) form, and, pursuant to House Resolu- minute vote. Coble Keating Rogers (AL) tion 316, reported the bill back to the The vote was taken by electronic de- Cohen Kelly Rogers (KY) House with an amendment adopted in vice, and there were—ayes 158, noes 262, Conaway Kind Rooney Connolly (VA) King (NY) Ros-Lehtinen the Committee of the Whole. answered ‘‘present’’ 1, not voting 10, as Cooper Kinzinger (IL) Roskam The SPEAKER pro tempore. Under follows: Costa Kissell Ross (FL) the rule, the previous question is or- Courtney Kline Royce [Roll No. 489] Cravaack Lamborn Runyan dered. AYES—158 Crenshaw Lance Ruppersberger Is a separate vote demanded on any Crowley Landry Rush Aderholt Gonzalez Pearce amendment to the amendment re- Cuellar Langevin Ryan (WI) Akin Gosar Pelosi Culberson Larson (CT) Scalise ported from the Committee of the Amash Grijalva Petri Cummings Latham Schmidt Whole? Andrews Gutierrez Pingree (ME) Davis (KY) LaTourette Schrader Baca Hanabusa If not, the question is on the com- Poe (TX) DeGette Latta Schwartz Bachmann Harris Polis DesJarlais Lewis (CA) Schweikert mittee amendment in the nature of a Baldwin Hartzler Quigley Deutch Lewis (GA) Scott (SC) substitute, as amended. Bartlett Hinchey Rahall Diaz-Balart LoBiondo Scott (VA) Becerra Hirono The amendment was agreed to. Rehberg Dicks Loebsack Scott, David Berman Honda Rogers (MI) Dold Lowey Sessions The SPEAKER pro tempore. The Bilirakis Huelskamp Rohrabacher Donnelly (IN) Lucas Sewell question is on the engrossment and Bishop (UT) Hunter Rokita Dreier Luetkemeyer Sherman Bono Mack Inslee third reading of the bill. Ross (AR) Duffy Lynch Shuler Boren Israel The bill was ordered to be engrossed Rothman (NJ) Duncan (SC) Mack Shuster Brady (PA) Jackson (IL) Roybal-Allard Engel Maloney Simpson and read a third time, and was read the Brown (FL) Jackson Lee Ryan (OH) Farenthold Marchant Sires Buerkle (TX) third time. Sa´ nchez, Linda Fincher Marino Smith (NJ) Burgess Jones T. Fitzpatrick Matheson Smith (TX) MOTION TO RECOMMIT Capps Kaptur Sanchez, Loretta Fleischmann McCarthy (CA) Stearns Carson (IN) Kildee Mr. MILLER of North Carolina. Mr. Sarbanes Fleming McCarthy (NY) Sullivan Chandler King (IA) Speaker, I have a motion to recommit Schakowsky Flores McCaul Terry Chu Kingston Schiff Forbes McCollum Thompson (MS) at the desk. Clarke (MI) Kucinich Foxx McCotter Thornberry The SPEAKER pro tempore. Is the Coffman (CO) Labrador Schilling Frank (MA) McGovern Tiberi Cole Lankford Schock gentleman opposed to the bill? Frelinghuysen McHenry Tipton Conyers Larsen (WA) Scott, Austin Gardner McIntyre Tonko Mr. MILLER of North Carolina. I am, Costello Lee (CA) Sensenbrenner Gerlach McKeon Towns in its current form. Crawford Levin Serrano Gibbs McMorris Upton Critz Lipinski Shimkus The SPEAKER pro tempore. The Gibson Rodgers Vela´ zquez Davis (CA) Lofgren, Zoe Slaughter Clerk will report the motion to recom- Gohmert Meehan Walberg Davis (IL) Long Smith (NE) Goodlatte Meeks Walden mit. DeFazio Luja´ n Smith (WA) Gowdy Mica Walsh (IL) DeLauro Lummis Southerland The Clerk read as follows: Granger Miller (MI) Walz (MN) Denham Lungren, Daniel Speier Graves (GA) Miller, Gary Wasserman Mr. MILLER of North Carolina moves to Dent E. Stark Graves (MO) Moran Schultz recommit the bill H.R. 1249 to the Com- Dingell Manzullo Stutzman Green, Al Mulvaney Westmoreland mittee on the Judiciary with instructions to Doggett Markey Sutton Green, Gene Murphy (CT) Whitfield Doyle Matsui Thompson (CA) report the same back to the House forthwith Griffin (AR) Murphy (PA) Wilson (FL) Duncan (TN) McClintock Thompson (PA) with the following amendment: Griffith (VA) Myrick Wilson (SC) Edwards McDermott Tierney Add at the end of the bill the following Grimm Nadler Wittman Ellison McNerney Tsongas (and conform the table of contents accord- Guinta Neal Womack Ellmers Michaud Turner Guthrie Neugebauer Woodall ingly): Emerson Miller (FL) Van Hollen Hall Noem Wu SEC. 34. PRIORITY IN PROCESSING PATENT AP- Eshoo Miller (NC) Visclosky Hanna Nugent Yoder PLICATIONS. Farr Miller, George Waters Fattah Moore Waxman ANSWERED ‘‘PRESENT’’—1 (a) PRIORITY.—The Director shall prioritize Filner Nunes Webster patent applications filed under title 35, Watt Flake Nunnelee West United States Code, by entities that pledge Fortenberry Olver Wolf NOT VOTING—10 to develop or manufacture their products, Franks (AZ) Pallone Woolsey Bass (CA) Holden Stivers processes, and technologies in the United Fudge Pascrell Yarmuth Berg McKinley Gallegly Pastor (AZ) Young (AK) Welch States, including, specifically, those filed by Giffords Napolitano Garamendi Paul Young (FL) small businesses and individuals. Gingrey (GA) Rangel Garrett Payne Young (IN) (b) DENIAL OF PRIORITY.—The Director b 1715 shall not grant prioritization for patent ap- NOES—262 plications filed under title 35, United States Ackerman Barton (TX) Black So the amendment was rejected. Code, by foreign entities that are nationals Adams Bass (NH) Blackburn The result of the vote was announced of any country that the Director has found Alexander Benishek Blumenauer as above recorded. to deny— Altmire Berkley Bonner Stated for: Austria Biggert Boswell (1) adequate and effective protection for Bachus Bilbray Boustany Mrs. NAPOLITANO. Mr. Chair, on Thursday, patent rights; or Barletta Bishop (GA) Brady (TX) June 23, 2011, I was absent during rollcall (2) fair and equitable access for persons Barrow Bishop (NY) Braley (IA) vote No. 489 in order to attend my grandson’s that rely on patent protection.

VerDate Mar 15 2010 03:17 Jun 24, 2011 Jkt 099060 PO 00000 Frm 00041 Fmt 7634 Sfmt 0634 E:\CR\FM\A23JN7.054 H23JNPT1 rfrederick on DSKD9S0YB1PROD with HOUSE H4504 CONGRESSIONAL RECORD — HOUSE June 23, 2011 b 1720 The SPEAKER pro tempore. The gen- Ellison Loebsack Rush tleman is recognized for 5 minutes. Engel Lowey Ryan (OH) The SPEAKER pro tempore. The gen- Fattah Luja´ n Sa´ nchez, Linda tleman from North Carolina is recog- Mr. SMITH of Texas. Mr. Speaker, I Filner Lynch T. nized for 5 minutes. oppose the motion to recommit and Fudge Maloney Sanchez, Loretta Mr. MILLER of North Carolina. The urge my colleagues to defeat it. The Garamendi Markey Sarbanes Green, Al Matsui consideration of this bill has been bi- America Invents Act is the culmina- Schakowsky Green, Gene McCarthy (NY) Schiff partisan to this point, and that cer- tion of 6 years of effort. During this Grijalva McCollum Schrader tainly does not need to change now. time, the House and Senate Judiciary Gutierrez McDermott Schwartz Hanabusa McGovern Scott, David This motion to recommit does not real- Committees conducted 23 hearings on Hastings (FL) McIntyre Serrano ly send it back to committee. It cer- patent reform and brokered numerous Heinrich McNerney tainly doesn’t kill it. It is consistent negotiations among Members and Higgins Meeks Sewell Sherman with the spirit of the bill. This is sim- stakeholders. H.R. 1249 has garnered bi- Himes Michaud Hinchey Miller (NC) Shuler ply the last amendment and should be partisan and widespread support. This Hinojosa Miller, George Sires considered in the same bipartisan way bill improves patent integrity in PTO Hirono Moore Slaughter all the other amendments have been operations. The bill helps businesses Hochul Moran Smith (WA) considered. from a broad range of industries, inde- Honda Murphy (CT) Speier Mr. Speaker, our future prosperity Hoyer Nadler Stark pendent inventors, and universities. Inslee Neal Sutton does depend upon our being the most But the biggest winners are the Israel Olver Thompson (CA) innovative country in the world, the American people. They will get more Jackson (IL) Owens Thompson (MS) Jackson Lee Pallone most innovative economy in the world. job opportunities and greater consumer Tierney American scientists and American en- (TX) Pascrell Tonko choices. This amendment would mean Johnson (GA) Pastor (AZ) gineers are doing great work. We are Towns that U.S. companies and inventors Johnson, E. B. Payne Tsongas Jones doing some of the most advanced, so- Pelosi Van Hollen would be discriminated against all over Kaptur Perlmutter phisticated research in the world. For Vela´ zquez the world when they file. It would be Keating Peters instance, we lead the world in solar cell Visclosky open season on American innovators Kildee Pingree (ME) research. We are making some of the Walz (MN) and businesses. We would no longer be Kind Polis greatest breakthroughs in that tech- Kissell Price (NC) Wasserman able to sell products abroad, and IP Schultz nology. Much of it is funded by the De- Kucinich Quigley theft of U.S. goods would become ramp- Langevin Rahall Waters partment of Energy or by other Fed- ant. Larsen (WA) Richardson Waxman eral research programs. But 80 percent Larson (CT) Richmond Welch of the manufacturing of solar cells is Mr. Speaker, this motion to recom- Lee (CA) Ross (AR) Wilson (FL) being done in Asia, mostly in China. mit also consigns our patent system to Levin Rothman (NJ) Woolsey the one created in the 1952 Patent Act, Lewis (GA) Roybal-Allard Wu What is happening is that firms are Lipinski Ruppersberger Yarmuth getting Federal funds to do research to an era of landline telephones, TVs that improve solar cell technology. They’re offered three fuzzy black-and-white NOES—251 channels, and the manual typewriter. developing advanced technology, but Adams Denham Herrera Beutler when the time comes to manufacture a We need to update our patent system, Aderholt Dent Holt product coming out of that research, and we need to do it now. Akin DesJarlais Huelskamp Oppose the motion to recommit and Alexander Diaz-Balart Huizenga (MI) those firms are contracting with Chi- Amash Dold Hultgren nese manufacturers to make the prod- support H.R. 1249. Austria Dreier Hunter ucts. That is just one example of com- I yield back the balance of my time. Bachmann Duffy Hurt panies that are doing research here but The SPEAKER pro tempore. Without Bachus Duncan (SC) Issa Barletta Duncan (TN) Jenkins manufacturing somewhere else when objection, the previous question is or- Bartlett Ellmers Johnson (IL) American workers need good manufac- dered on the motion to recommit. Barton (TX) Emerson Johnson (OH) turing jobs. There was no objection. Bass (NH) Eshoo Johnson, Sam Mr. Speaker, the benefit of innova- The SPEAKER pro tempore. The Benishek Farenthold Jordan Berman Farr Kelly tion should not just be higher profits question is on the motion to recommit. Biggert Fincher King (IA) for American corporations. The benefit The question was taken; and the Bilbray Fitzpatrick King (NY) should be good jobs for American work- Speaker pro tempore announced that Bilirakis Flake Kingston ers. Under this motion to recommit, Bishop (UT) Fleischmann Kinzinger (IL) the noes have it. Black Fleming Kline those companies will still get their RECORDED VOTE Blackburn Flores Labrador patents, but they don’t go to the front Mr. MILLER of North Carolina. Mr. Bonner Forbes Lance of the line. The people who go to the Bono Mack Fortenberry Landry Speaker, I demand a recorded vote. front of the line are those who will Boren Foxx Lankford A recorded vote was ordered. Boustany Frank (MA) Latham pledge that they will do their manufac- The SPEAKER pro tempore. Pursu- Brady (TX) Franks (AZ) LaTourette turing here in the United States, cre- Brooks Frelinghuysen Latta ating good jobs for American workers. ant to clause 9 of rule XX, the Chair Broun (GA) Gallegly Lewis (CA) Second, we all know that there are will reduce to 5 minutes the minimum Buchanan Gardner LoBiondo time for any electronic vote on the Bucshon Garrett Lofgren, Zoe countries in the world that don’t really Buerkle Gerlach Long respect American patent rights and question of passage. Burgess Gibbs Lucas that don’t treat American inventors The vote was taken by electronic de- Burton (IN) Gibson Luetkemeyer vice, and there were—ayes 172, noes 251, Calvert Gohmert Lummis fairly when they try to get patents in Camp Gonzalez Lungren, Daniel those countries. This motion to recom- not voting 8, as follows: Campbell Goodlatte E. mit will still allow those inventors, [Roll No. 490] Canseco Gosar Mack people from those countries, to get pat- Cantor Gowdy Manzullo AYES—172 Capito Granger Marchant ents. We will treat them better than Ackerman Capps Costello Carter Graves (GA) Marino their countries treat American inven- Altmire Capuano Courtney Cassidy Graves (MO) Matheson tors. But they go to the back of the Andrews Cardoza Critz Chabot Griffin (AR) McCarthy (CA) Baca Carnahan Crowley Chaffetz Griffith (VA) McCaul line. They do not get priority when it Baldwin Carney Cummings Coble Grimm McClintock comes time to have their patents con- Barrow Carson (IN) Davis (CA) Coffman (CO) Guinta McCotter sidered. Bass (CA) Castor (FL) Davis (IL) Cohen Guthrie McHenry Help American workers share in the Becerra Chandler DeFazio Cole Hall McKeon Berkley Chu DeGette Conaway Hanna McKinley prosperity that comes from American Bishop (GA) Cicilline DeLauro Cooper Harper McMorris innovation from our research, from our Bishop (NY) Clarke (MI) Deutch Costa Harris Rodgers innovation. Support this motion to re- Blumenauer Clarke (NY) Dicks Cravaack Hartzler Meehan commit. Boswell Clay Dingell Crawford Hastings (WA) Mica Brady (PA) Cleaver Doggett Crenshaw Hayworth Miller (FL) I yield back the balance of my time. Braley (IA) Clyburn Donnelly (IN) Cuellar Heck Miller (MI) Mr. SMITH of Texas. Mr. Speaker, I Brown (FL) Connolly (VA) Doyle Culberson Hensarling Miller, Gary rise in opposition to the motion. Butterfield Conyers Edwards Davis (KY) Herger Mulvaney

VerDate Mar 15 2010 03:17 Jun 24, 2011 Jkt 099060 PO 00000 Frm 00042 Fmt 7634 Sfmt 0634 E:\CR\FM\K23JN7.116 H23JNPT1 rfrederick on DSKD9S0YB1PROD with HOUSE June 23, 2011 CONGRESSIONAL RECORD — HOUSE H4505 Murphy (PA) Roby Southerland Chabot Huizenga (MI) Price (NC) Eshoo Landry Royce Myrick Roe (TN) Stearns Chandler Hurt Quayle Farr Lee (CA) Rush Neugebauer Rogers (AL) Stutzman Chu Inslee Quigley Filner Lipinski Ryan (OH) Noem Rogers (KY) Sullivan Cicilline Israel Rahall Flake Lofgren, Zoe Sanchez, Loretta Nugent Rogers (MI) Terry Clarke (NY) Issa Reed Fortenberry Luja´ n Schiff Nunes Rohrabacher Thompson (PA) Clay Jackson (IL) Reichert Franks (AZ) Lummis Schilling Nunnelee Rokita Thornberry Cleaver Jackson Lee Renacci Garamendi Lungren, Daniel Schock Olson Rooney Tiberi Clyburn (TX) Reyes Garrett E. Scott, Austin Palazzo Ros-Lehtinen Gibson Mack Tipton Coble Jenkins Ribble Sensenbrenner Paul Roskam Cohen Johnson (GA) Gohmert Manzullo Turner Richardson Sherman Paulsen Ross (FL) Cole Johnson (IL) Gonzalez Marchant Upton Richmond Slaughter Pearce Royce Conaway Johnson (OH) Rigell Gosar Markey Walberg Smith (NE) Pence Runyan Connolly (VA) Johnson, E. B. Rivera Graves (GA) Matsui Walden Southerland Peterson Ryan (WI) Cooper Johnson, Sam Roby Green, Gene McClintock Walsh (IL) Stark Petri Scalise Costa Jordan Roe (TN) Grijalva McCotter Pitts Schilling Watt Courtney Keating Rogers (AL) Hartzler McNerney Sutton Platts Schmidt Webster Crawford Kelly Rogers (KY) Hinchey Miller (FL) Terry Poe (TX) Schock West Crenshaw King (NY) Rogers (MI) Hirono Miller, George Thompson (PA) Pompeo Schweikert Westmoreland Critz Kinzinger (IL) Rokita Honda Moore Tsongas Posey Scott (SC) Whitfield Crowley Kissell Rooney Huelskamp Nunnelee Turner Price (GA) Scott (VA) Wilson (SC) Cuellar Kline Ros-Lehtinen Hultgren Pastor (AZ) Vela´ zquez Quayle Scott, Austin Wittman Culberson Labrador Roskam Hunter Paul Visclosky Reed Sensenbrenner Wolf Cummings Lance Ross (AR) Jones Payne Waters Rehberg Sessions Womack Davis (CA) Langevin Ross (FL) Kaptur Pearce Waxman Reichert Shimkus Woodall Davis (IL) Lankford Rothman (NJ) Kildee Pelosi Webster Renacci Shuster Yoder DeLauro Larsen (WA) Roybal-Allard Kind Petri West Reyes Simpson King (IA) Young (AK) Dent Larson (CT) Runyan Pingree (ME) Wolf Ribble Smith (NE) DesJarlais Kingston Posey Young (FL) Latham Ruppersberger Woolsey Rigell Smith (NJ) Deutch LaTourette Kucinich Rehberg Young (IN) Ryan (WI) Young (FL) Rivera Smith (TX) Diaz-Balart Latta Sa´ nchez, Linda Lamborn Rohrabacher Dicks Levin NOT VOTING—8 T. NOT VOTING—10 Dingell Lewis (CA) Sarbanes Berg Holden Rangel Doggett Lewis (GA) Scalise Berg Meeks Rangel Giffords Lamborn Stivers Dold LoBiondo Schakowsky Giffords Napolitano Stivers Gingrey (GA) Napolitano Donnelly (IN) Loebsack Schmidt Gingrey (GA) Pitts Doyle Long Schrader Holden Polis ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE Dreier Lowey Schwartz Duffy Lucas b 1749 The SPEAKER pro tempore (during Schweikert Ellison Luetkemeyer the vote). There are 2 minutes remain- Scott (SC) Ellmers Lynch So the bill was passed. Scott (VA) ing in this vote. Engel Maloney The result of the vote was announced Scott, David Farenthold Marino Serrano as above recorded. Fattah Matheson Sessions A motion to reconsider was laid on b 1743 Fincher McCarthy (CA) Sewell Fitzpatrick McCarthy (NY) the table. Mr. FRANK of Massachusetts Shimkus Fleischmann McCaul Stated for: changed his vote from ‘‘aye’’ to ‘‘no.’’ Shuler Fleming McCollum Mrs. NAPOLITANO. Mr. Speaker, on Thurs- So the motion to recommit was re- Flores McDermott Shuster Simpson day, June 23, 2011, I was absent during roll- jected. Forbes McGovern Sires call vote No. 491 in order to attend my The result of the vote was announced Foxx McHenry Frank (MA) McIntyre Smith (NJ) grandson’s graduation. Had I been present, I as above recorded. Smith (TX) Frelinghuysen McKeon would have voted ‘‘yea’’ on H.R. 1249—Amer- Stated for: Fudge McKinley Smith (WA) Speier ica Invents Act. Mrs. NAPOLITANO. Mr. Speaker, on Thurs- Gallegly McMorris Gardner Rodgers Stearns Mr. GINGREY of Georgia. Mr. Speaker, on day, June 23, 2011, I was absent during roll- Stutzman Gerlach Meehan rollcall No. 491 on final passage of H.R. 1249, call vote No. 490 in order to attend my Gibbs Mica Sullivan the America Invents Act, I am not recorded grandson’s graduation. Had I been present, I Goodlatte Michaud Thompson (CA) Thompson (MS) because I was absent due to a death in my would have voted ‘‘yea’’ on the Motion to Re- Gowdy Miller (MI) Granger Miller (NC) Thornberry family which required me to immediately return commit H.R. 1249—America Invents Act. Tiberi Graves (MO) Miller, Gary to Georgia. Had I been present, I would have The SPEAKER pro tempore (Mr. Green, Al Moran Tierney Tipton vote ‘‘aye.’’ YODER). The question is on the passage Griffin (AR) Mulvaney Griffith (VA) Murphy (CT) Tonko f of the bill. Grimm Murphy (PA) Towns The question was taken; and the Guinta Myrick Upton AUTHORIZING THE CLERK TO Speaker pro tempore announced that Guthrie Nadler Van Hollen MAKE CORRECTIONS IN EN- the ayes appeared to have it. Gutierrez Neal Walberg Hall Neugebauer Walden GROSSMENT OF H.R. 1249, AMER- RECORDED VOTE Hanabusa Noem Walsh (IL) ICA INVENTS ACT Mr. SMITH of Texas. Mr. Speaker, I Hanna Nugent Walz (MN) Harper Nunes Wasserman Mr. SMITH of Texas. Mr. Speaker, I demand a recorded vote. Harris Olson Schultz ask unanimous consent that the clerk A recorded vote was ordered. Hastings (FL) Olver Watt be authorized to make technical cor- The SPEAKER pro tempore. This Hastings (WA) Owens Welch rections in the engrossment of H.R. will be a 5-minute vote. Hayworth Palazzo Westmoreland Heck Pallone Whitfield 1249, to include corrections in spelling, The vote was taken by electronic de- Heinrich Pascrell Wilson (FL) punctuation, section numbering and vice, and there were—ayes 304, noes 117, Hensarling Paulsen Wilson (SC) cross-referencing, the insertion of ap- not voting 10, as follows: Herger Pence Wittman Herrera Beutler Perlmutter Womack propriate headings, and the insertion of [Roll No. 491] Higgins Peters Woodall the word ‘‘written’’ in the appropriate AYES—304 Himes Peterson Wu place in the instruction in amendment Hinojosa Platts Yarmuth No. 1 to strike material on lines 23 Ackerman Bilbray Butterfield Hochul Poe (TX) Yoder Adams Bishop (GA) Calvert Holt Pompeo Young (AK) through 25 on page 114. Alexander Bishop (NY) Camp Hoyer Price (GA) Young (IN) The SPEAKER pro tempore. Is there Altmire Black Campbell objection to the request of the gen- Austria Blackburn Canseco NOES—117 Baca Blumenauer Cantor tleman from Texas? Bachus Bonner Capito Aderholt Brady (PA) Costello There was no objection. Barletta Bono Mack Capps Akin Brooks Cravaack Barrow Boren Capuano Amash Broun (GA) Davis (KY) f Barton (TX) Boswell Cardoza Andrews Buerkle DeFazio THE JOURNAL Bass (CA) Boustany Carnahan Bachmann Burgess DeGette Bass (NH) Brady (TX) Carney Baldwin Burton (IN) Denham The SPEAKER pro tempore. Pursu- Becerra Braley (IA) Carson (IN) Bartlett Chaffetz Duncan (SC) ant to clause 8 of rule XX, the unfin- Berkley Brown (FL) Carter Benishek Clarke (MI) Duncan (TN) Berman Buchanan Cassidy Bilirakis Coffman (CO) Edwards ished business is the question on agree- Biggert Bucshon Castor (FL) Bishop (UT) Conyers Emerson ing to the Speaker’s approval of the

VerDate Mar 15 2010 03:17 Jun 24, 2011 Jkt 099060 PO 00000 Frm 00043 Fmt 7634 Sfmt 0634 E:\CR\FM\A23JN7.056 H23JNPT1 rfrederick on DSKD9S0YB1PROD with HOUSE H4506 CONGRESSIONAL RECORD — HOUSE June 23, 2011 Journal, which the Chair will put de ment of Defense for the fiscal year end- vious wars, the troop would probably novo. ing September 30, 2012, and for other not have survived. But because of ad- The question is on the Speaker’s ap- purposes, with Mr. WESTMORELAND in vancements in medical care, because of proval of the Journal. the chair. the research, because of advancements Pursuant to clause 1, rule I, the Jour- The Clerk read the title of the bill. in medicines, because of the ability to nal stands approved. The CHAIR. Pursuant to the rule, the remove the casualty from the battle- f bill is considered read the first time. field quickly and get to a hospital The gentleman from Florida (Mr. quickly, we’re saving the lives of many REMOVAL OF NAME OF MEMBER YOUNG) and the gentleman from Wash- of our troops that would probably not AS COSPONSOR OF H.J. RES. 47 ington (Mr. DICKS) each will control 30 have survived in previous wars. Mr. PETERSON. Mr. Speaker, I ask minutes. We include funding for the construc- unanimous consent to remove myself The Chair recognizes the gentleman tion of 10 Navy ships. We include as a cosponsor of H.J. Res. 47. from Florida. money for 32 Joint Strike Fighter air- The SPEAKER pro tempore. Is there Mr. YOUNG of Florida. Mr. Chair- craft. We include $3.3 billion for 28 F–18 objection to the request of the gen- man, I yield myself such time as I may Super Hornets and 12 EA–18 Growlers, tleman from Minnesota? consume. $2.8 billion for 116 H–60 Blackhawk heli- There was no objection. I first would like to thank the gen- copters, and $699 million for the Reaper tleman from Washington (Mr. DICKS), UAV, which is an advancement of the f the former chairman of the sub- Predator. I’m trying not to go into too REPORT ON RESOLUTION PRO- committee, for the complete coopera- much detail because it is a very VIDING FOR CONSIDERATION OF tion that we had with each other in lengthy bill. H.J. RES. 68, AUTHORIZING LIM- preparing this very nonpartisan, non- The reductions that we made in order ITED USE OF ARMED FORCES IN political Defense appropriations bill for to achieve the $9 billion in savings, we LIBYA; AND PROVIDING FOR 2012. took favorable contract pricing adjust- CONSIDERATION OF H.R. 2278, The base budget of this bill is $530 ments, contract and schedule delays re- LIMITING USE OF FUNDS FOR billion, which is $9 billion below the sulting in fiscal year 2012 savings, un- ARMED FORCES IN LIBYA President’s budget request. It was not justified cost increases, or funding re- easy to find the savings, but we were quested ahead of the anticipated or his- Mr. WOODALL, from the Committee determined to find those savings with- torical underexecution of contracts, re- on Rules, submitted a privileged report out having any adverse effect on the scissions of unneeded prior year funds, (Rept. No. 112–114) on the resolution (H. warfighter or the readiness of our Na- and reductions that were authorized in Res. 328) providing for consideration of tion. the House-passed 2012 National Defense the joint resolution (H.J. Res. 68) au- The base bill is $530 billion. In addi- Authorization Act under the chairman- thorizing the limited use of the United tion to that, rather than having a sup- ship of Chairman MCKEON. Specific re- States Armed Forces in support of the plemental for Iraq and Afghanistan, we ductions include $435 million in savings NATO mission in Libya; and providing included a section that is referred to as from those contract and production for consideration of the bill (H.R. 2278) OCO, the Overseas Contingency Oper- delays in the AMRAAM system. We to limit the use of funds appropriated ation, which is $119 billion. The bill in- will provide for the RECORD the details to the Department of Defense for cludes no earmarks for Members’ dis- of all of the areas where we took the United States Armed Forces in support tricts. The bill contains no money for savings. of North Atlantic Treaty Organization Libya because none was requested. The All in all, it is a good bill for the Operation Unified Protector with re- administration did not request money money that we had available. There are spect to Libya, unless otherwise spe- for Libya. We asked numerous times things that we would have added. We cifically authorized by law, which was what their plans were, how long it would have increased the military pay referred to the House Calendar and or- might take, what the cost might be. raise. We just didn’t have the money. dered to be printed. We did not get an answer until just So we went to the authorized level. f very recently. And they said, No, they There’s much more to be said that will did not request any funding, and they be said as we read this bill for amend- GENERAL LEAVE were basically going to make up the ments, which will probably not happen Mr. YOUNG of Florida. Mr. Speaker, balances by a reprogramming. They now until we come back after next I ask unanimous consent that all Mem- would not ask for a supplemental, but week’s recess. bers may have 5 legislative days in they would reprogram some of the ex- I reserve the balance of my time. Mr. DICKS. I yield myself such time which to revise and extend their re- isting funds. marks and include extraneous material It’s a good bill. I wish it had more as I may utilize. (Mr. DICKS asked and was given per- on the bill (H.R. 2219) and that I may money in it for certain areas. I would mission to revise and extend his re- include tabular material on the same. like to have seen a much larger pay marks.) The SPEAKER pro tempore. Is there raise. We provided the necessary fund- objection to the request of the gen- Mr. DICKS. It has, once again, been ing for the 1.6 percent pay raise for the an honor to work with my friend from tleman from Florida? military, which was the authorized There was no objection. Florida, Chairman BILL YOUNG, to pre- level and the requested level, but we pare the Defense appropriations bill for f just had to find that $9 billion. The FY 2012. In the longstanding tradition staff had to work extremely hard to of this committee, the bill has been DEPARTMENT OF DEFENSE make sure that we did not have an ad- APPROPRIATIONS ACT, 2012 prepared on a bipartisan basis, and I verse effect on any of our soldiers or support the bill. I know that Chairman The SPEAKER pro tempore. Pursu- our overall readiness. ROGERS will be glad to hear that. ant to House Resolution 320 and rule The bill provides $32 billion for the I am happy to report that the bill XVIII, the Chair declares the House in Defense Health Program. We under- provides the funds necessary to support the Committee of the Whole House on stand the needs of our soldiers that are our troops both at home and in the the State of the Union for the consider- wounded. There are, unfortunately, too field. It also makes the investment in ation of the bill, H.R. 2219. many of them. We have provided what research and development and acquisi- we think is adequate money to care for b 1752 tion needed to fully equip our troops whatever their medical requirements, and maintain our Nation’s techno- IN THE COMMITTEE OF THE WHOLE their medical needs are. And it in- logical edge. Accordingly, the House resolved cludes considerable research into med- itself into the Committee of the Whole ical issues. The research is important b 1800 House on the State of the Union for the because a lot of the injuries that came Within the funds provided, and after consideration of the bill (H.R. 2219) out of Iraq and we are seeing come out careful review, the committee exer- making appropriations for the Depart- of Afghanistan are such that in pre- cised its constitutional responsibility

VerDate Mar 15 2010 03:17 Jun 24, 2011 Jkt 099060 PO 00000 Frm 00044 Fmt 7634 Sfmt 0634 E:\CR\FM\K23JN7.121 H23JNPT1 rfrederick on DSKD9S0YB1PROD with HOUSE June 23, 2011 CONGRESSIONAL RECORD — HOUSE H4507 to allocate resources to those programs we’ve replaced the equipment. This is occurred at the end of the Soviet occu- that best support the requirements of another example. pation in 1989. Even with these cau- our military forces. Special Operation Command short- tions in mind, I believe it is time to In writing this bill, the committee falls: this is one thing we had in our begin the process of bringing the level had to make hard choices. The alloca- bill in 2011, and this year an increase of of deployed U.S. troops in line with a tion for this bill is $530 billion, $9 bil- $250 million is added to address un- new assessment of our security inter- lion below the request. While this is $17 funded requirements identified by the ests in the region. billion above the fiscal year 2011-en- Special Operations Command. I look forward to hearing from Gen- acted level, much of the increase is ab- National Guard and Reserve equip- eral Petraeus and General Odierno. We sorbed by the military pay, operation ment: $1.5 billion is included to fund worked with them on the surge in Iraq, and maintenance, and the Defense equipment shortfalls in National Guard which turned out to be very successful. Health Program accounts. and Reserve equipment. The military has done a very good job The bill also provides the funds need- Intelligence surveillance and recon- in Helmand and Kandahar and has ed to support U.S. service personnel. naissance: $50 million is included above dominated the Taliban in recent times, Examples of this include the military the request to continue to fill gaps in which is very positive. pay accounts fund at a 1.6 percent DOD ISR equipment. We still have a problem on the east- raise, consistent with the budget re- Israeli missile defense programs: $130 ern front between Afghanistan and quest and the level included in the million is added to enhance Israeli mis- Pakistan, and we need to continue to House-passed fiscal year 2012 armed sile defense programs including the put pressure on al Qaeda, though the services authorization bill. Arrow missile defense system. capture and death of Osama bin Laden The bill also provides $32.3 billion for Small business innovative research: was something that all the troops that the Defense Health Program, including $50 million is included to continue the have served here since 2001 should take $125 million above the request to con- committee’s efforts for SBIR Phase III satisfaction in, the person who led the tinue the committee’s longstanding ef- transition. effort against the United States in one forts to improve research and treat- Historically Black Colleges and Uni- of the most horrific acts and one of the ment of traumatic brain injury and versities: $20 million is added to con- most economic destabilizing acts that psychological health conditions. The tinue defense research at Historically has ever occurred to our country. bill also includes funding increases for Black Colleges and Universities. While I have concerns about our Na- several research efforts including peer- Energy efficiency improvements: the tion’s policies in Afghanistan and reviewed breast cancer, prostate can- bill includes $82 million above the re- Pakistan, I strongly support this bill. cer, ovarian cancer, and lung cancer request to field equipment that will re- It’s a bipartisan bill, and it provides search. duce the energy footprint of deployed the resources needed by our troops. I The bill fully funds $2.3 billion re- Marine Corps units. The bill also in- urge your support for the bill. I also want to thank the staff. I know quested for family programs and adds cludes $10 million above the request for Chairman YOUNG will join me in this. funding for several initiatives includ- pilot programs to improve DOD energy We have a tremendous staff that works ing $250 million to replace schools efficiency. together. They worked together when I owned by local education authorities The bill provides $118.7 billion for op- was chairman. They’re working to- and $40 million for Impact Aid. erations in Afghanistan and Iraq and gether now that Chairman YOUNG has— The bill addresses many of DOD’s for continuing the withdrawal of U.S. he had been chairman before and has most pressing investment needs. It forces from Iraq. The bill ensures that now regained his chairmanship. And funds 10 ships, as requested in the troops have essential force protection the staff has done an extraordinary job. budget, and 32 Joint Strike Fighter air- and provides the means for the Afghans It’s a major piece of work to put to- craft. I would like to have seen more to provide their own security. The bill gether a $530 billion bill and know all Strike Fighter aircraft because I be- includes $12.8 billion to train Afghani- these programs, and I commend them lieve they’re doing a much better job stan’s National Security Forces. for their good work. on this program. Last year it was in While the bill provides essential sup- I reserve the balance of my time. some trouble. This year Admiral port for our troops, I remain concerned Mr. YOUNG of Florida. Mr. Chair- Venlet has said repeatedly that about our Nation’s direction in Paki- man, I am happy to yield 5 minutes to they’re, in fact, ahead of the training stan and ongoing operations in Afghan- the very distinguished chairman of the schedule. So I think this is very good istan. There is cause to question the Appropriations Committee, the gen- news. reliability of our partnership with both tleman from Kentucky (Mr. ROGERS). The bill also adds funding to fill gaps countries. In the light of recent events, Mr. ROGERS of Kentucky. I thank in DOD capabilities. Some examples in- we must reassess the extent of U.S. Chairman YOUNG for yielding me this clude the M1A2 System Enhancement military involvement and the objec- time. Package: $272 million is included to tives of U.S. foreign policy in that part And thank you and your other part- prevent a break in production of tanks. of the world, reexamining whether U.S. ner, this dynamic duo that we have And this is something that our com- national security requires a continued here between Chairman YOUNG and mittee agreed with on an over- deployment of over 100,000 U.S. service Chairman DICKS. Thank you for your whelming basis, that shutting down personnel. good work. the tank line in Ohio would be a ter- I welcome President Obama’s deci- The nearly $649 billion in total fund- rible mistake because we’d lose the sion to start the withdrawals, and I ing within this bill will provide our skilled workers and then we’re going to also urge a ceasefire and a political Armed Forces with the resources they reopen this tank line in 2 or 3 years, settlement. After a careful review of need for the Nation’s missions abroad and it would just be a waste of money. the security situation, I believe it is and the protection of our people here So we bridged that gap. time to significantly accelerate the at home. HMMWV Force Protection: $50 mil- withdrawal of U.S. forces. This bill sustains our military readi- lion is added to develop and test and To accomplish this objective respon- ness, facilitating the continued mod- improve armor and other blast protec- sibly will take some care. By necessity, ernization of our national defense sys- tion technologies on the HMMWV. a political solution in Afghanistan will tems and preserving the American Long Range Strike: $100 million is involve negotiations with Taliban rep- Armed Forces as the greatest military added to reduce technical risk and resentatives. It will also demand tak- in the world. schedule risks for this program. We’re ing into account the interests of sur- As our soldiers and marines continue moving ahead on a replacement for the rounding nations to ensure that those to put their lives on the line to elimi- Trident submarine. The C–17 replace- neighbors do not fight with one an- nate terrorism and protect freedom ment is included to replace the oper- other along sectarian or tribal divides around the globe, Congress must pro- ational loss of a C–17 aircraft. The com- within Afghanistan. vide the necessary support and funding mittee has steadfastly replaced—when Finally, we must guard against cre- to keep them safe and well equipped, there have been operational losses, ating a vacuum similar to the one that and we must do so in a timely manner.

VerDate Mar 15 2010 03:17 Jun 24, 2011 Jkt 099060 PO 00000 Frm 00045 Fmt 7634 Sfmt 0634 E:\CR\FM\K23JN7.123 H23JNPT1 rfrederick on DSKD9S0YB1PROD with HOUSE H4508 CONGRESSIONAL RECORD — HOUSE June 23, 2011 These efforts include adequate fund- It continues our longstanding com- A while ago, my friend NORM DICKS ing for equipment procurement, base mitment to our troops and their fami- mentioned 1989 and Afghanistan and operations, and military pay. To im- lies by including a pay raise for the the challenges there. At that point in prove our defense capabilities and pre- troops, strengthening health care serv- time, the Soviet Union was attempting pare for future challenges, we’ve pro- ices for servicemembers and their fami- to take over all of Afghanistan as a vided funding for research and develop- lies, and providing $2.3 billion for fam- way of taking over the Middle East and ment into new technology. ily support and advocacy programs. to extend their desire to take over the The bill protects our troops in harm’s b 1810 world. A stop to that came by way of way by providing $3.2 billion for Mine this committee’s work and leadership This legislation also provides essen- Resistant Ambush Protected vehicles, from this committee. tial funding for health and quality-of- $2.8 billion for combating IEDs in Af- If you have not taken the time to life programs for the men and women ghanistan and Iraq, and a total of $453 read about Charlie Wilson’s war, you of the armed services and their fami- million for the modernization of the should, and recognize that that war led lies. M1 Abrams tanks. to the chants for freedom in Afghani- But, as in all of our appropriations The bill also includes an additional stan. bills, this year especially, this legisla- $1.5 billion for the National Guard and The CHAIR. The time of the gen- tion reflects hard decisions to cut Reserve equipment, $633 million for tleman has expired. lower-priority programs, reduce spend- military medical research, including Mr. YOUNG of Florida. I yield the ing in programs that can be scaled $233 million for cancer research, $125 gentleman an additional 1 minute. back, and target funds where they’re million for psychological health and Mr. LEWIS of California. If one needed most so that our Nation can traumatic brain injury research. would recognize, as of Charlie Wilson’s continue on the path to fiscal recovery. I’m pleased that the committee in- war’s time, we were successful at stop- No bill, no Department, including the cluded $141 million for University and ping the Soviet Union. But as we had Pentagon, should be immune from Industry Research Centers, of which that success, America did what it often scrutiny during these precarious finan- $20 million was included for Histori- does overseas: We walked away and left cial times. This legislation identifies cally Black Colleges and Universities a vacuum in Afghanistan. And it was fiscally responsible savings, savings for research. that vacuum that allowed the terror- that will in no way impair the safety As a former member of the sub- ists, al Qaeda and others, to extend committee, I’m reminded of my dear or effectiveness of our troops, the suc- themselves and train themselves and friend and colleague, former Chairman cess of our military operations, or our put us in the pressure box that we are Jack Murtha, who followed one central military readiness. in today in the country. The bill also increases oversight of creed and principle in developing an America must constantly be aware annual House Defense appropriations Defense programs and funds to ensure that we are the force for freedom and, bill, and that was to create a bill which that tax dollars are being spent wisely working together, we will continue to provided our servicemen and -women and efficiently. We’ve taken a critical help freedom in the world. eye and increased scrutiny on some all the resources and tools they need to Having said that, Mr. Chairman, I do their job as effectively and effi- programs to ensure American tax- want to extend my deepest congratula- ciently as possible. I believe this bill payers are receiving the proper bene- tions to these two gentlemen, these does just that. And I do earnestly be- fits for their defense investments. two leaders of this committee, BILL lieve that Chairman Murtha would be I want to thank, again, Chairman YOUNG and NORM DICKS, extremely tal- very proud of this bill. And I’m pleased YOUNG and Ranking Member DICKS for ented people who are bringing our com- their tireless work. In fact, it’s a very to support its passage. Mr. YOUNG of Florida. Mr. Chair- mittee and the Congress back to reg- bipartisan spirit and commitment, and man, I am happy to yield 2 minutes to ular order so that we can work with that’s the rule of this subcommittee the gentleman from California (Mr. one another and make changes in bills over the decades of time, and their like this with free debate on the floor. LEWIS), the former chairman of this commitment to crafting a very respon- subcommittee and the former chair- Indeed, that is the strength of our Con- sible Defense bill. And of course the man of the Appropriations Committee. gress. staff has worked tirelessly to make Mr. LEWIS of California. Mr. Chair- If the people will be patient with us, this day possible. man, I thank very much Mr. YOUNG of we’ll actually accomplish some things. Mr. Chairman, I urge all of our col- Florida and Mr. DICKS of Washington Indeed, freedom will continue to be a leagues to support this bill. It’s a good for the fabulous work they’ve done force in the world because of the work one. working together and developing this of these gentlemen. And our congratu- Mr. DICKS. Mr. Chairman, I yield 2 measure, which is something over $500 lations, as well as our best wishes, go minutes to the gentleman from Geor- billion. And the public certainly will out to their continued work and suc- gia (Mr. BISHOP), who is a former mem- know that that’s no small amount of cess. ber of the Defense Subcommittee and money. But certainly, also they’ll Mr. DICKS. Mr. Chairman, I yield 3 now is the ranking Democrat on the know it is the reason for us to have a minutes to the gentlewoman from Cali- Military Construction-VA Sub- Federal Government—funding avail- fornia (Ms. LEE), a member of the Ap- committee. able to preserve our Nation. propriations Committee and someone Mr. BISHOP of Georgia. Mr. Chair- And as we leave this weekend to cele- who is a very dynamic leader on our man, I am pleased to rise in support of brate the 4th of July and the history of committee and that I enjoy working the committee’s recommended FY12 our country and the history of free- with. Defense appropriations bill. dom, not just here but also available Ms. LEE. Mr. Chairman, first let me I’d first like to commend Sub- around the world, we know it’s the thank our ranking member, Mr. DICKS, committee Chairman YOUNG, Ranking work of this subcommittee and people for your leadership for this time, but Member DICKS, Chairman ROGERS, the like these leaders that have allowed us also for your patriotism and for your subcommittee members and staff on to continue to be on the point of the commitment to our country and to our both sides of the aisle for continuing spear for freedom around the world. troops. And it is an exciting com- the fine tradition of bipartisan co- Indeed, if there’s a reason for us to mittee, and it’s a very important com- operation and teamwork in producing have a Federal Government, it is to be mittee. And I want to thank Chairman this bill. able to preserve our freedom and to ROGERS for your leadership, and for Of note, the bill provides $530.5 bil- provide opportunities for others else- also his service and for the attempts to lion in total for the DOD in fiscal year where in the world. bring this committee together in the 2012, $17 billion more than the current Having said that, Mr. Chairman, it’s spirit of bipartisanship. level. In addition, the bill provides also very, very important for me to While I think everyone knows that I $118.7 billion for contingency funding point out that we are about serious and respect and support the President and I for the ongoing military operations in difficult challenges, especially in the applaud him for his tremendous leader- Iraq and Afghanistan. Middle East at this moment. ship on so many issues, like many of

VerDate Mar 15 2010 03:17 Jun 24, 2011 Jkt 099060 PO 00000 Frm 00046 Fmt 7634 Sfmt 0634 E:\CR\FM\K23JN7.124 H23JNPT1 rfrederick on DSKD9S0YB1PROD with HOUSE June 23, 2011 CONGRESSIONAL RECORD — HOUSE H4509 my colleagues, I was tremendously dis- there. So I want to offer an amendment earlier, $1.5 billion for the National appointed to hear the President’s an- to take that war slush fund, $5 billion, Guard equipment for both overseas and nouncement last night. and apply it to deficit reduction. home State missions. Remarkably, this Especially in this time of deficits and b 1820 money was not requested by the ad- a struggling economy, I hope we can all ministration. Almost three out of four Americans agree that we should not be handing I also want to take a minute to re- want to bring our troops home from Af- the Pentagon a $5 billion blank check flect on the collective bipartisan frus- ghanistan, and this was far from the for a war slush fund that has little ac- tration many are feeling with the ad- significant reduction that the Amer- countability and runs counter to our ministration’s handling of the Libyan ican people were expecting. A token constitutional duty to control the operation, another of what we might troop reduction of 10,000 by the end of purse strings through this Congress. call ‘‘overseas contingency oper- this year and waiting another year to We also cannot forget about the ations.’’ We will debate the nature of remove another 23,000, which in total 45,000 troops in Iraq. I will be offering our national interest on Libya tomor- would merely reverse the 2009 troop es- an amendment to ensure that all of row as we consider measures that go to calation, is really, for me, unaccept- them are brought home at the end of the heart of Congress’ constitutional able; and quite frankly, it flies in the the year as agreed to in our Status of role to declare war. face of the growing bipartisan calls Forces Agreement. My friend and col- But here this evening this committee across our war-weary Nation to exit league from Illinois, Congresswoman is in the process of developing an in- Afghanistan and to refocus on our pri- JAN SCHAKOWSKY, and myself will offer credible spending program for fiscal orities here at home. an amendment to simply require the year beginning in October. I under- Now, I voted against this original au- Department of Defense to provide stand there are no funds designated for thorization in 2001, which was a very audit-ready financial statements. Libyan operations in this bill. How- difficult vote for me to cast because I That’s a pretty simple request, I would ever, in reality, this Libyan mission, ended up being the only one to cast a think. Now, this $648 billion budget is whether NATO-led or not, is heavily ‘‘no’’ vote. But I knew then that that $17 billion above last year’s budget. It dependent on U.S. assets, and these as- authorization was an authorization could be cut at least by $75 billion to sets must be accounted for by our com- that was a blank check to wage war for $100 billion without, mind you, jeopard- mittee. any reason, against any nation, for any izing our troops or our national secu- We are all aware that our chairman, length of time. And this has now be- rity. Mr. YOUNG—and he referred to it in his come the longest war in American his- As the daughter of a military vet- remarks—since April 1 sought informa- tory. eran, let me just say that I support tion from the administration about, As we spend over $2 billion a week on each and every dollar in this budget for first, the nature of the mission in this decade-long war, critical pro- our troops because they deserve our Libya; two, the cost of the mission; grams—like programs for women and support for their safety and their pro- three, the length of the mission; and, children, nutrition programs, food tection and their economic security; four, any anticipated changes to the stamps and Medicare—are on the chop- but we should be cutting waste, fraud mission. We are also aware that the ping block. So enough is enough. and abuse out of the Pentagon. And we President finally responded with his There is no military solution in Af- should begin to cut these Cold War-era June 15 letter to Congress in which he ghanistan. And in a world where ter- weapon systems that have no mission, reports that the Department of Defense rorism can emanate from the tribal re- no reason to be developed in this new has spent over $750 million over the gions of Yemen or a hotel room in Ger- world of terrorism when we see our- last 3 months, $10 million a day in many, we cannot adequately address selves faced with asymmetrical war- Libya. Mr. Chairman, the President these challenges through a military- fare. It just doesn’t make any sense. So errs when he fails to provide this com- first, boots-on-the-ground strategy. It $648 billion is too much; it’s much too mittee with accurate, timely, and pre- is clear that occupying states and na- much. We can ensure our national se- cise information about any mission. tion-building does not make for effec- curity, protect our troops, and reinvest In closing, Mr. Chairman, I support tive counterterrorism, and the finan- some of these dollars to create jobs at this mark, I support this bill, and I cial and human costs of continuing this home with a rational defense budget. thank the chairman and the ranking war are indefensible. We will never pay down our debt as member and the committee staff for With over 1,600 troops killed and tens long as the military budget continues the great work they’ve done. of thousands more seriously wounded to soar. Mr. DICKS. I reserve the balance of in Afghanistan, the human toll con- Mr. YOUNG of Florida. Mr. Chair- my time. tinues to mount each and every day. So man, I yield 4 minutes to a very distin- Mr. YOUNG of Florida. Mr. Chair- we need to bring our troops home and guished senior member of the Defense man, I yield 2 minutes to a very impor- use the savings for our economic chal- Appropriations Committee and also tant member of the Defense Sub- lenges here at home, especially for job chairman of the Subcommittee on En- committee, the gentleman from Cali- creation. That’s why I’m going to offer ergy and Water, the gentleman from fornia (Mr. CALVERT). some amendments to this bill to end New Jersey (Mr. FRELINGHUYSEN). Mr. CALVERT. Mr. Chairman, I cer- funding for combat operations in Af- Mr. FRELINGHUYSEN. Mr. Chair- tainly rise in strong support of this fis- ghanistan and to provide, though, fund- man, I would like to associate myself cal year 2012 Defense appropriation ing for the protection and the safe and with your remarks and those of the bill. I want to particularly thank orderly withdrawal of our young men ranking member. This is a good bipar- Chairman YOUNG and Ranking Member and women as quickly as possible. I tisan bill carved out of an allocation DICKS and their staffs for a fantastic urge Members to support this amend- that I would have preferred be higher; job. Thank you very much for your ment. but we, too, on this subcommittee hard work and a great bill. I will also be offering an amendment must do our part to lower the Federal This bill is a great example, when it to transfer the $5 billion Pentagon war deficit. comes to our national defense, that we slush fund to a deficit reduction. This bill deserves our strong support work together as Americans, not as The CHAIR. The time of the gentle- because, as the chairman said, and oth- Democrats, not as Republicans, but as woman has expired. ers, it has an important pay raise in Americans. At a time that we’re in a Mr. DICKS. I yield the gentlewoman there for all of our troops who are vol- number of conflicts around the world, 2 additional minutes. unteering. It also provides more first- it’s important that we show that we Ms. LEE. I want to explain these class medical care for those that are stand united in support of our troops amendments today during general de- injured. It provides more money for and against our enemies. bate, so I appreciate the time because I ships, 10 new ships—two of them being There was a point made about what’s think this is important for the public Virginia class submarines—additional the longest war. I would say the long- to know that there is a $5 billion Pen- money for fighter aircraft, which are est war in American history is the Cold tagon war slush fund just sitting over badly needed, and as was mentioned War. We were in that war for well over

VerDate Mar 15 2010 03:17 Jun 24, 2011 Jkt 099060 PO 00000 Frm 00047 Fmt 7634 Sfmt 0634 E:\CR\FM\K23JN7.126 H23JNPT1 rfrederick on DSKD9S0YB1PROD with HOUSE H4510 CONGRESSIONAL RECORD — HOUSE June 23, 2011 40 years, and we’re at war today which are within the overall spending We have to look at this in terms of against terrorism and radical elements level approved by the House budget res- Egypt and the other countries in the out there that are trying to kill us and olution. area. Thousands and thousands of peo- to maim us and to harm our national The bill itself includes $530 billion for ple are fleeing from Libya, and this is interests. the normal operations of the Depart- going to cause a major problem in the This is a long-term commitment, and ment and $118.7 billion for the conduct countries that surround Libya. I certainly congratulate this com- of the global war on terror. It includes Ronald Reagan attacked Libya. I mittee for doing the job that’s nec- a 1.6 percent pay raise for the troops. It think he called Qadhafi a ‘‘mad dog,’’ essary. has $453 million for the procurement of and I don’t remember him coming to Mr. Chairman, I rise in strong support of the additional updated Abrams tanks, and Congress before he let the bombers go fiscal year 2012 Defense Appropriations bill. it has $2.7 billion for the continued de- in there and attack him. Chairman YOUNG, Ranking Member DICKS and velopment of the F–35 Joint Strike So I am one who is very restrained at the staff on both sides have worked together Fighter, a weapons system that is crit- the use of force, but in this case I think to produce a very good bill that supports our ical to maintaining air superiority for the President had to act, and he had warfighters, plans for the future, and funds the United States Air Force. the United Nations, the Arab League, current operations in Afghanistan and Iraq, Additionally, the bill will withhold 75 NATO, he had the French and the Brit- while also taking into account the fiscal re- percent of the funding for the Pakistan ish demanding action. straints of the current economy. Counterinsurgency Capability Fund I think we have to look at the result I think every Member would agree that our until the Secretary of Defense provides here, too. I think right now the rebels troops deserve the absolute best we can give lawmakers with a report detailing the have a very good chance of succeeding, and this bill reflects that they are our top pri- strategy and metrics for the use of and I hope they can do it in a timely way. We would all like to see this over ority by providing a 1.6 percent pay increase. those funds. The committee also adopt- as quickly as possible. But remember The bill also provides for important health reed an amendment that would provide $1 Kosovo. That took a significant search—from traumatic brain injury to psycho- million for the creation of a bipartisan amount of time before that worked logical treatment—in order to help troops tran- commission to make policy rec- out. There were a lot of critics, a lot of sition from battle to home. ommendations on Afghanistan and critics of President Clinton when he The defense funding bill also ensures our Pakistan. did that, but in the end it turned out military has the necessary equipment to suc- Mr. Chairman, this is a strong piece very well for everyone. In Libya, I ceed not only in the present, but in the future of legislation, one that I fully believe think Qadhafi should be replaced. I as well. The bill replaces the C–17 that went we should support, and I would ask all wish we were more candid about that, down in Alaska last summer, provides for the Members to do so. Mr. YOUNG of Florida. I would like and the President has said that. procurement of 32 Joint Strike Fighter aircraft, So I hope we look at this fairly and to advise the Chair that I have no fur- funds the building of 10 Navy ships, and pro- realize the damage that would be done ther speakers. I do have a brief closing vides for the purchase of 48 Reaper UAVs. to the North Atlantic Treaty Organiza- statement after Mr. DICKS, when he is Finally the bill accounts for the current oper- tion if the United States all of a sudden ations in Iraq and Afghanistan, ending the bad prepared to close. Mr. DICKS. Mr. Chairman, first of pulled all of its forces out of this. They habit of ‘‘emergency’’ funding bills that were would not be able to continue. This all, I would like to again thank the rarely subjected to regular order and often would be a worldwide embarrassment chairman for his great work and the loaded up with non-emergency items. The bill to the United States of America, to our is $9 billion less than the President’s re- work of the staff. The President did lay out the ration- great country and to our military. quest—a reflection of our times and the real- I think we have to look at all of the ale for why we got involved in Libya. ization that no department in the Federal Gov- ramifications of this issue. This is a se- He said that we were there to help pro- ernment is exempt from budget cuts. rious matter and should not be politi- tect the Libyan people. There were two Again, I rise in strong support of the FY12 cized. Senator Jackson from my State Defense Appropriations bill. I commend Chair- resolutions adopted by the United Na- used to say, when it comes to national man YOUNG and Ranking Member DICKS for tions. And it wasn’t just the United Na- defense, the best politics is no politics. their hard work and urge my colleagues to tions. You had the Arab League and Call it on the merits and do it in the vote in support of the bill. NATO involved in this. And, yes, I best interests of our country and in the Mr. YOUNG of Florida. Mr. Chair- think the President would have been best interests of people serving our man, I yield 2 minutes to another very better advised to have asked for au- military. important member of the Defense ap- thorization, but this was a situation I yield back the balance of my time. propriations subcommittee, the gen- where the Libyan people were going to Mr. YOUNG of Florida. Mr. Chair- tleman from Oklahoma (Mr. COLE). be slaughtered and the President felt man, I yield myself the balance of my that he had to act. b 1830 time. Some of us just got back from a trip. Again, I want to thank Mr. DICKS for Mr. COLE. Thank you for yielding, We saw the men and women who han- being such a good partner and working Mr. Chairman. dle the equipment, who fly in there, do in a bipartisan way to guarantee that Mr. Chairman, I rise today in support the jamming, all the different things we did the best we could with the of the fiscal 2012 Defense Appropria- that are done. They have done a phe- money we had available to provide for tions Act and urge all Members to ex- nomenal job. And now the President the national defense. I would say again, tend their support as well. This is a has turned the leadership of this over we have not had any impact adversely fine bill that the committee worked on to NATO and they are taking the lead, on any of our troops and we have not in an open fashion, and it includes though the gentleman from New Jersey adversely affected the readiness of our input from both sides of the aisle. is quite correct; they cannot do all country, while we have taken some of Thanks to Chairman YOUNG and Rank- these things without tankers, without those slush funds and some of those ing Member DICKS, it is a strong, bipar- other things, some of the special intel- wasteful funds, we did take some of tisan bill that will do much good for ligence and reconnaissance that we those, in order to achieve the $9 billion the defense of our country. have that just isn’t out there for any- in savings that we were required to Mr. Chairman, we will have many body else. achieve. spirited debates on amendments during So I hope that tomorrow’s debate The bill is lengthy. As you can hear the course of the consideration of this will be on the merits. Let’s look at this from the various speakers, there are legislation, and that is a good thing. thing; let’s talk about it. I think this many, many, many parts of this bill. But, rest assured, at the end of the day will be a worthwhile discussion. But re- The specific details of the bill have this legislation is and will remain a member, there was going to be a no-fly been available for over 2 weeks so that very good product. zone, an embargo. We were going to Members have had every opportunity The spending levels in the bill do not protect the people. I think the Presi- to study the bill. exceed the 302(b) allocations adopted dent laid out exactly what this was In order to get where we are, it took by the Appropriations Committee, about. a lot of work, because, number one, we

VerDate Mar 15 2010 03:17 Jun 24, 2011 Jkt 099060 PO 00000 Frm 00048 Fmt 7634 Sfmt 0634 E:\CR\FM\K23JN7.128 H23JNPT1 rfrederick on DSKD9S0YB1PROD with HOUSE June 23, 2011 CONGRESSIONAL RECORD — HOUSE H4511 had to finish last year’s bill. That was sideration the bill (H.R. 2219) making have seen it for its true value and its no fault of Mr. DICKS. He worked hard appropriations for the Department of attempts to end Medicare, so much so as chairman last year to produce an- Defense for the fiscal year ending Sep- that we have dubbed it the ‘‘road to other very good bipartisan bill, cooper- tember 30, 2012, and for other purposes, ruin,’’ a situation that would undo a ating totally with us on the minority had come to no resolution thereon. Medicare program, and it is why signs side, the minority at that time. But we f such as this next to me here would didn’t get that bill to the floor. I wish greet many of us when we arrive in our TEXAS TORT REFORM that we had, but it didn’t quite make district for district work period or on it. (Mr. OLSON asked and was given per- weekends as we break from session So this year we finished the work for mission to address the House for 1 here in the House of Representatives: FY 2011, and now this is the bill for FY minute and to revise and extend his re- ‘‘Hands off my Medicare.’’ It’s very 2012. Again, it is a strong, bipartisan, marks.) bold, it’s very straightforward, and it’s no-politics good defense bill. But in Mr. OLSON. Mr. Speaker, our Na- very understood. The message is real, order to get to this point, to get where tion’s medical liability system is bro- and it has reached us because it talks we are, required tremendous dedication ken. It has put limits on patient access about an attempt here to end Medicare on the part of all of the members of the to health care and has increased costs. in this House. It would force seniors to subcommittee, as well and very specifi- But since 2003, my home State of Texas find their own insurance in the private cally as well as the staff. The profes- has been a leader on medical liability market. They would be asked to shop sional staff of our Defense Sub- reform. As a result of tort reform, from with a coupon in hand. The money that committee is very, very special and 2003 to 2009, Texas has seen an increase the government would kick in for cov- works extremely hard. I would like to of roughly 60 percent in new physician erage, part of that coupon would not call attention to that staff. licensure applications. And since 2003, nearly keep pace with the actual On the minority side, Paul Juola, Texas had 21,640 new physicians li- costs—the costs that seniors would be who also worked on the majority side censed. That means more doctors to forced to pay. at one point, and Becky Leggieri. On treat patients—especially in rural Of course, as 32 cents—which has the majority staff, Brooke Boyer, Wal- areas with limited access to health been the on-average expectation of the ter Hearne, Jennifer Miller, Tim care. All major physician liability car- coupon—for every $1 of premium costs Prince, Adrienne Ramsay, Ann Reese, riers in Texas have cut their rates, giv- would be the outcome, that means that Megan Rosenbusch, Paul Terry, B.G. ing Texas doctors affordable premiums the risk would shift from our senior Wright, Sherry Young, and the chief of and allowing them to focus on quality population to have them dig into their staff, Tom McLemore. of care. pockets, and the risk would be removed They have done a tremendous job. I Texas is a model for tort reform for from government and placed in the know that oftentimes when the House the Nation. I urge the Congress to hands of seniors. It would take away finished its business and Members adopt a similar policy to increase pa- what is a stable, dependable system would retire to their respective homes, tient access to care and save our Na- and put a profit-driven insurance arena staff stayed and they did the analysis tion billions in defensive medicine of companies in charge of rationing that had to be done to achieve the sav- costs. care for our seniors. ings that we achieved, but also to f This is a very unacceptable outcome, make sure that we accomplished what HANDS OFF MEDICARE Representative GARAMENDI, and I’m had to be accomplished to provide for glad that you have joined us this our troops, to provide for their welfare, The SPEAKER pro tempore. Under evening in this Special Order, where to provide for the readiness of the the Speaker’s announced policy of Jan- we’ll focus on the Ryan Roadmap and Nation. uary 5, 2011, the gentleman from New what it really means, what it cal- York (Mr. TONKO) is recognized for 60 b 1840 culates to do, and the impact it has on minutes as the designee of the minor- so many elements of the population I said in my opening remarks there ity leader. out there. And thank you, Representa- were other items, other things, other Mr. TONKO. This evening I will be tive GARAMENDI, for joining us this parts of this bill that I would like to joined by my colleague from Cali- evening as we talk about this attempt have increased. I would like to have fornia, Representative GARAMENDI. He to end Medicare and shift the risk from been able to increase the pay raise that and I will discuss for this next hour the government to seniors. goes to our military. The money just issue that deals with a program that is Mr. GARAMENDI. Representative wasn’t there. But we did insist on fund- tremendously popular in this country, TONKO, thank you so very much for the ing the full 1.6 percent, which doesn’t that deals with our senior population opportunity to join you this evening on sound like a lot. At least it’s not a reas they have the resources through a this critical issue. We often call this duction. program dubbed ‘‘Medicare’’ that en- the Ryan Roadmap, but it really is the Mr. Chairman, this is a good bill. ables them to enjoy with dignity their Republican budget proposal. It’s not We’re not going to vote on this bill to- senior years and to be able to have the only the chairman of the budget com- night. We will read this bill—it’s my security of knowing that there is af- mittee that put this out, but every Re- understanding now from leadership— fordability and accessibility for their publican in this House voted for it. So for amendment under the 5-minute rule health care needs. Obviously, as our they really have adopted this as their the week after next and we’ll be pre- senior population continues to grow roadmap, as their solution to the prob- pared to, again, in a bipartisan way, and the longevity curve continues to lems that face this Nation. deal with any issues that might come climb upward, our senior population up at that time. has reminded us that their dignity and I yield back the balance of my time. their quality of life has been addressed b 1850 The CHAIR. All time for general de- in a very strong way as the calculated You spoke very eloquently about the bate has expired. curve for life expectancy continues to way in which this proposal would Mr. YOUNG of Florida. Mr. Chair- mount, which is a positive force in the change who pays and how it’s going to man, I move that the Committee do lives of all Americans. be paid for. It shifts the burden away now rise. The efforts that we see afloat in this from all of us. It shifts the burden onto The motion was agreed to. House at this Capitol range across a individual seniors. Accordingly, the Committee rose; number of cuts and reforms that people One of the things that I found very and the Speaker pro tempore (Mr. are proposing for the future budget for interesting was: How much does it cost GRIFFITH of Virginia) having assumed this country. There is this Ryan Road- an individual senior? the chair, Mr. WESTMORELAND, Chair of map which has been developed and Now, recognize that those who are the Committee of the Whole House on dubbed the ‘‘path to prosperity’’ by the seniors today also suffer. It’s not just the state of the Union, reported that author and by the Republican majority those who will become seniors but that Committee, having had under con- in the House. However, many of us those who are seniors today, and I’ll

VerDate Mar 15 2010 03:17 Jun 24, 2011 Jkt 099060 PO 00000 Frm 00049 Fmt 7634 Sfmt 0634 E:\CR\FM\K23JN7.132 H23JNPT1 rfrederick on DSKD9S0YB1PROD with HOUSE H4512 CONGRESSIONAL RECORD — HOUSE June 23, 2011 come back to that during this discus- element within the Medicare eligible the talks today simply because they sion because that’s a very, very impor- community was, I think, providing sta- want certain revenues at that negoti- tant part. Our Republican friends have bility in the fund. I think it disrupts ating table to be exempt, or certain often said this doesn’t affect anyone on even the actuarial outcome of that uni- proposals. Medicare. Well, the Medicare portion verse as you no longer allow the entry So we’re saying, look, this has to be doesn’t, but the Medicaid does because of new populations with time. a bipartisan approach that has a tender it does cut Medicaid. We’ll come back Mr. GARAMENDI. That’s absolutely balance here: that you cannot drop out to that. What I want to focus on is the true. of that balance certain impacts to the shift of responsibility here and what I was the insurance commissioner in economy, like $800 billion worth, which it’s going to cost an individual. California for 8 years. Actually, that’s is the price tag for the wealthy in this If you are not yet 55, then you’re the way insurance works. It’s a large country, where they want that dollar going to be in a system that is not pool, all of whom share the risk. If amount to be absolutely cast in stone. Medicare. As you say, it’s a voucher your risk pool, as you just described it, Mr. GARAMENDI. Let me see if I un- program. It’s a program in which the becomes older and older—— derstand. government will give you a voucher, a Mr. TONKO. With no younger seniors What you’re saying is that, in the ne- ticket, and say, ‘‘Go buy your insur- coming in. gotiations, the Republicans are saying ance.’’ What’s going to make up the Mr. GARAMENDI. Exactly. they are willing to cut services to sen- balance? The individual is going to Suddenly, you’ve got a very, very ex- iors—Medicare. We also know that make up the balance, and this little pensive pool. there is a proposal by Mr. SESSIONS, a chart lays it out pretty clearly. Mr. TONKO. Right. Republican, to terminate Social Secu- If you’re 55, then you’d better start Mr. GARAMENDI. Now, on the other rity. So they want to reduce the bene- finding $182,000 right now because, hand, the very same thing occurs on fits to seniors or even the availability when you become 65 and go on the non- the private insurance side. of the programs to seniors, but they Medicare program, you’re going to On the private insurance side, we’re don’t want any new taxes on the super have to come up with $182,000 in order going to see in the Republican budget wealthy. to be able to buy the insurance that plan, the Ryan plan, a whole popu- Mr. TONKO. Exactly. We’re saying as Democrats in the you need. Similarly, if you’re 50, you’re lation of people who have become 65 House and as Democrats on the Hill going to have to have $231,900 in order who are no longer eligible for Medi- care. Now they’re going into the insur- what must be on the table. We need to to be able to purchase the private in- have on the table discussions about oil surance coverage. It goes on. If you’re ance sector, the private insurance sector. breaks, which trace their roots over a 40, you’ll need $343,800. So you’ve got to hundred years’ worth of policy deci- put that money away because, when Mr. TONKO. A community for whom we have not done insurance writing. sions. Tax breaks for the wealthiest 2 you become 65 and the Medicare is not percent of Americans must be on the there for you, you’ll be having to make The actuarial science has not been applied. We’ve had 45 years of reprieve. table. These are the important things. up the difference. Big Oil profits, which are historically The bottom line on all of this is—I Mr. GARAMENDI. Exactly. So will the insurance companies want to see the largest, are the reason, in order to love this one. I think you’ll recognize afford those sorts of handouts and it, Mr. TONKO. We used this some time those people? No, they won’t because those people are now 65. They’re at an wealthy tax cuts, they need to carve ago. It’s the tombstone. ‘‘Medicare, into a program like Medicare. It’s in 1965–2011, Created by LBJ, Destroyed age where they’re going to have higher medical expenses. order to make it all balance. So we’re by GOP?’’ saying no, no, no, that these things They are destroying Medicare. You’re asking the private insurance Medicare is a program that has been companies to take this whole new pop- must be on the table. Mr. GARAMENDI. All that we do around since 1965. It guarantees that ulation of older, more expensive people here is make choices. All of these laws every individual in America who has into their private insurance companies, are choices about solving this inter- turned 65 will have this health insur- into that pool, the result of which is national problem. Do we want to solve ance policy—a policy that guarantees that private insurance company’s pool it this way or that way? It’s about them benefits, doctors’ visits, hospital will become more expensive. They choices. This issue of how we’re going visits, and under the new Affordable know those people who are now 65 in to deal with the budget and the budget Health Care Act, an expansion of serv- the private insurance pool are going to deficit is about choices. ices, a whole series of preventative get ill, that they’re going to be more The Republicans have made a very services available without cost to sen- expensive, and so their doors are going clear choice. They are deciding that iors. It actually saves us money. It’s to be subtly slammed shut. As to the their choice is to reduce the benefits to very, very interesting that if you spend availability, while presumably guaran- seniors—Medicare, Medicaid benefits, money up front for prevention, as we teed by law, advertising won’t be there, an almost $900 billion cut in the Medi- do in the Affordable Health Care Act, and the insurance agents won’t be care program that provides support for which, incidentally, every Republican there to serve that population, and seniors who are in nursing homes—and voted against and voted to repeal, that there is going to be all kinds of not-so- to terminate Medicare so that you’re benefit that goes to seniors free saves subtle discrimination, making it not forced into a private insurance market. taxpayers money and keeps seniors only expensive for the individual but That’s the choice that they’ve made healthy. difficult to get quality insurance. In rather than to go and get our money Mr. TONKO. You point out the line in fact, there is no guarantee about the back from Big Oil. the sand drawn for 55 and over and 55 benefits in the Republican proposal. and under and that there is a different Mr. TONKO. Right. If you’ll suffer an b 1900 treatment. People would try to sug- interruption here and allow me to just Choices, they have refused both here gest, if you’re 65, say, and you’re quali- share what, I think, both of us have on the floor, refused to take back the fying for Medicare, if you go forward, talked about, people at home, because subsidies that were given to the big oil the folks below 55 will never join the this is such a drastic proposal, can’t companies, I suppose arguing that system, and that will cause fluctua- believe that it’s a real proposal. We somehow these oil companies are hurt- tions in the crowd that’s 65 and over have to remind people it is very much ing, that they’re not profitable. Well, today. As that happens, as they grow alive and it has legs, so much so today not so. older and as the life expectancy keeps that the majority leader of the House, Just take a look here just this last strengthening and going north, not who was at the Vice President BIDEN year. ExxonMobil saw a 69 percent in- south, there is no replenishing of the table for negotiations on the debt ceil- crease in their profits, $10.7 billion younger eligible Medicare community. ing bill today, walked, along with a Re- profit; Oxy, 46 percent, $1.6 billion; As you climb the age chart, the cor- publican Senator spokesperson for that Conoco, 43 percent increase, $2.1 bil- relation with health care and your House, for their conference, the Repub- lion; Chevron, 36 percent, $6.2 billion; need for services rises. So the younger lican Conference. They dropped out of BP, 16 percent increase, $7.2 billion.

VerDate Mar 15 2010 04:03 Jun 24, 2011 Jkt 099060 PO 00000 Frm 00050 Fmt 7634 Sfmt 0634 E:\CR\FM\K23JN7.135 H23JNPT1 rfrederick on DSKD9S0YB1PROD with HOUSE June 23, 2011 CONGRESSIONAL RECORD — HOUSE H4513 Oh, by the way, you know who’s bil- Take it to a million. But just raise what happened. They reduced these lion dollars those are? Those are the their tax rate on that upper income taxes for millionaires and billionaires, folks that buy gasoline and diesel at above $250,000 3 percent, not talking 8.2 million jobs lost, and the American the pumps. That’s money right out of about a huge increase, a 3 percent in- economy brought to its knees, when in the pockets of consumers, and, in addi- crease, and yet our Republican friends fact, now, the people have said, look, tion, they get billions of dollars of our say, oh, no, we can’t do that. We have our top priority is jobs. We heard it. tax money that you and I pay in addi- to whack the elderly. We’ve got to go All of us that serve in this wonderful tion to the gasoline tax. They get that after the elderly. We’ve got to take Chamber heard it in the last election of for additional profit. away their Medicare benefits. November of 2010. It couldn’t have reso- It is wrong. It’s about choices. The This is unconscionable. It is terrible nated more boldly, more clearly. It’s Republicans have made a very clear economic policy. It is unconscionable about jobs. It’s about growing the choice here: take away from the sen- that anyone would make such a economy. iors, take away their Medicare, and choice—give the wealthy more; take it Stop shrinking the middle class. make sure that the oil companies conaway from the seniors. What would Start growing the economy. That was tinue to receive their subsidies. lead a person to do that? the directive, and so what they wanted Mr. TONKO. You know, you talk Mr. TONKO. Not only do they talk was to make certain that we would about choices, and the choices are do about these choices over and above the allow for dignity to continue, that we continue Medicare—and obviously senior community, but they’ve made it health care costs would be contained. the Democrats in the House want to clear that their negotiations at the As we did the reforms to health care, improve, they want to strengthen table begin and end with this destruc- we included improvements for Medi- Medicare, not deny it, not end it— tion of Medicare while protecting sub- care. They wanted that Medicare pro- make it more stable, make it an even sidies for Big Oil and to include the tax gram to continue. And when you listen stronger program. There’s a choice. breaks for millionaires. That, you to the American public out there—and Their choice would be to have tax ear- know, is very clear. That is the direc- we’ll talk about this in a minute—the marks for what sort of things? For cor- tive. That is part of a line drawn in the polling, most recent, today that was porate jets, for golf bags, for snow sand on negotiations, which makes it released indicates there is strong sup- globes. These are the choices. And be- very difficult, because what it tells us port for continuing Medicare. They yond choice, there are contrasts. is that they’re willing to put at risk support strengthening Medicare, and Now, this chart here somewhat incor- the full faith and credit of these United they have denounced this attempt to porates what you’re talking about States on the line. bring an end to Medicare. They are there with Big Oil. We have $131 billion And we know we have just struggled angry about it, not just for their gen- that is given away yearly to Big Oil to crawl out of a situation, a recession eration. And I’m saying ‘‘they’’ as sen- and millionaires, handouts, tax cuts. that’s found 8.2 million jobs lost in iors. They are concerned because they Mr. GARAMENDI. How much? America. We’re just climbing that hill want their children and grandchildren Mr. TONKO. $131 billion. to recovery, and they’re willing to put to enjoy that same order of security Mr. GARAMENDI. A year? the full faith and credit of the United that has served them so well with their Mr. TONKO. Yes. Contrasted with the States at risk and perhaps, most like- health care needs. $165 billion that are yearly cuts to ly, cause a new economic calamity. Mr. GARAMENDI. How well you’ve Medicare. So it’s almost an equal swap. Mr. GARAMENDI. We often talk said it, Representative TONKO. The And we see that you need to end Medi- about this, and what you’re referring choices are very, very clear. We do care in order to provide for the wealthy to is the deficit reduction negotiations have a deficit problem, and you and I tax cuts for millionaires and billion- that are going on between the Vice should spend some time talking about aires and handouts, mindless handouts President and the leadership of the how we got into that in the first place to oil companies sitting on historic House and the Senate, and that’s good. and how we can get out of it. record profits. This year alone, in the Negotiations have to take place. But in But to put this Nation’s financial first quarter, we’re at about $36 billion the negotiation, it’s very clear where strength on the table and say, as Re- in profits. the two parties come down. You’ve de- publicans are, they are willing to let So why, if we’d done just this mind- scribed it so very, very well that in this Nation go into default on its obli- lessly for nearly a century’s worth, those negotiations, it appears as gations, first time ever, and if that why would we continue that and put at though our Republican colleagues are were to happen, it would kick off an- risk a program that will be celebrating willing to put the full faith and credit other financial crisis around the world its 45th anniversary in a few days? Why of the United States—this is our wor- because the rest of the world depends would we do that when the quality of thiness, our financial worthiness as a upon the willingness of the United life for the many, many, the many in Nation—on the line so that they can States to pay its debts, because that’s the masses of Medicare eligibility are cut benefits to seniors, so that they the security in the banks around the being put at risk for the far fewer who can cut programs that provide food for world. are going to get the millionaire, bil- pregnant women and children, so that lionaire tax cuts and the oil handouts? they can make cuts in the school lunch b 1910 Mr. GARAMENDI. It’s about choices. programs, so that they can make cuts And if the United States isn’t willing It’s about where do you stand. Do you in the infrastructure, in the education to do that, suddenly, this Nation’s stand with the seniors and Medicare programs that keep this country mov- going to be in deep trouble, and the and the continuation of Medicare and ing forward, in exchange for no taxes world economy along with it. And the benefits that they need literally to on the wealthy. They’re willing to put guess what? It’s going to cost us a lot survive or do you stand with the Big this entire Nation’s financial strength of money because the interest rates Oil companies? It’s very, very clear. at risk so that they can reward the will go up. If the United States isn’t Just look at the way the votes come superwealthy in this country. trustworthy, it’s risky; therefore, you down here on this House floor. Over the Mr. TONKO. And if someone could at have to pay higher interest. last 5 months, we’ve seen vote after least rationalize the benefit of that So we need to understand that this is vote after vote where the Democrats program, if they could at least quan- a default crisis. It’s not the debt ceil- have suggested that we eliminate these tify good, societal good that comes ing. It is a default crisis that we’re fac- subsidies, all of them, the subsidy to with that sort of thinking. In recent ing. And to use it as a lever to harm Big Oil, that we install the higher in- history, twice over in recent history seniors is unconscionable. But yet come tax for the superwealthy. We’re we’ve witnessed that relief, that that that’s what they’re doing as they con- not talking about the working stiff out top income strata has not caused and tinue to call for cuts in Medicare and there in the plant. We’re talking about inspired a trickle down that produced the Medicare program. We shouldn’t let the superwealthy, those that have an jobs, that enabled people to see invest- it happen. adjusted gross income—that’s after all ments made in an economic recovery. We do have—well, before we go there, of the deductions—of over $250,000. In fact, the reverse was true. We saw I keep coming back to this. In 1965, the

VerDate Mar 15 2010 04:03 Jun 24, 2011 Jkt 099060 PO 00000 Frm 00051 Fmt 7634 Sfmt 0634 E:\CR\FM\K23JN7.137 H23JNPT1 rfrederick on DSKD9S0YB1PROD with HOUSE H4514 CONGRESSIONAL RECORD — HOUSE June 23, 2011 United States decided that we were sort of compassion and the determina- on every dollar that you need. And going to end poverty among the sen- tion and the outright leadership to they’re saying very clearly: Hands off iors. The seniors were the most impov- make certain that we make it stronger. my Medicare. The message couldn’t be erished part of the American popu- What they’ve said today—I was in a clearer: Hands off my Medicare. lation. And added to the Social Secu- hearing on the Budget Committee—is Mr. GARAMENDI. I want to pick up rity program was a health insurance that, well, look, the way we’re going to one more issue. I know my Republican program called Medicare, an extraor- do this is sharpen the pencil. There is friends over here are constantly say- dinary expression of the American going to be this competition, and ev- ing, oh, but in the Affordable Health compassion, an extraordinary expres- eryone’s going to fight to serve the Care Act you took $500 billion out of sion of the American desire to take senior citizen for her or his health care Medicare. Let’s understand what that’s care of their parents and to provide the needs. With the market taking over, all about. necessary health care services. Here we they’re going to drive down the costs In 2003, in that program, the Medi- are in 2011 with a proposal by the Re- and provide the benefits. care part D program, two programs publican Party to terminate Medicare. Since Medicare was initiated, the pri- were actually put in place. One was the How can it be? How could we have vate sector premium costs have risen drug benefit. Another is what is called come to this? And to say that it’s the by 5,000 percent. Medicare is far below Medicare Advantage. This is the sup- deficit that’s causing this to happen is, that curve. There isn’t that marketing plemental program for Medicare. The I think, wrong. program. There isn’t that administra- Medicare Advantage program, when it Before we turn to the deficit, I just tive overcharge that really has driven was put in, to entice the insurance think that we—you and I have talked these prices to go out of sight. And companies, the private insurance com- about this, Representative TONKO, and what we have here is an attempt to put panies to participate, they were given a we should cover it. We’ve talked about the insurance company into the driv- 16 percent bonus over and above their it a little bit. We know that the cost of er’s seat. cost. So for 8 years or 7 years, they en- Medicare is going up. And it is some- Mr. GARAMENDI. Well, as the insur- joyed a built-in additional profit of thing that is of concern to you and me ance commissioner in California for 8 some 16 percent, which—— and, I think, to everybody in this Na- years, let me just pick that issue up. Mr. TONKO. Just to get the concept tion. But Medicare costs go up along The insurance companies are extraor- up and running. with the total inflation in health care. dinarily inefficient compared to Medi- Mr. GARAMENDI. Just to get it up It’s the whole health care system that care. I know that a lot of people think and going. goes up, and Medicare rides along in that government is inefficient. It is not And they continued to receive that that inflation. It is not the cause of the the case in Medicare. Medicare collects additional 16 percent, additional profit, inflation. There are many other causes the money and distributes, pays the guaranteed profit. When we did the Af- of the inflation in health care. bills for about 3 percent of the cost. fordable Health Care Act, we said, Wait In order to deal with the cost to The private insurance companies are a minute. They don’t need that any Medicare, you don’t destroy Medicare about 30 percent. longer. The program is up. It’s going. and throw Medicare into the insurance Now, on the other end, you’ve got the The advertising and everything else is market. What you have to do is to con- cost of administration. It may be an- in place, the administrative system. So trol the underlying costs of health other 7, 8 percent administrative costs we want to take back that additional care. There are some things that you for the doctors and hospitals for Medi- profit given to the insurance compa- can actually do in Medicare. care. But on the private insurance side, nies. For example, Medicare part D, which because there are so many different That’s where the $500 billion is over a is the pharmaceutical portion of Medi- policies, so many different forms, so 10-year period. That’s money that was care, passed by the Republican Con- many different coverages—this is cov- saved by creating an efficiency and, gress in 2003 without any way to pay ered, that’s not covered; this is ex- once again, ending an unnecessary sup- for it, all borrowed money. Well, okay. empted; this is the copay for this and a plement. It did not in any way, shape, So much for the Republicans’ desire to different copay for that—it is utter or form change any of the benefits that pay as you go. But it was all borrowed chaos for the provider. So about 15 per- seniors received in the Affordable money. And into the law the Repub- cent of that 30 percent, about half of Health Care Act. There was a sentence. licans wrote a provision that prohib- that 30 percent is administrative costs It said, ‘‘No benefit changes,’’ period. ited the Federal Government from ne- and commissions and sales and adver- Mr. TONKO. Right. gotiating drug prices. The Federal Gov- tising on the part of the insurance And where we saw overpayment for ernment is a price taker. Whatever the companies, and the other 15 percent is services provided, where there was un- drug companies want to charge, the the administrative costs on the part of necessary profit accrued in certain Federal Government has to pay. We the providers, the hospitals and doc- areas, we said enough is enough. The could save tens, hundreds of billions of tors. taxpayers shouldn’t pay for adding to dollars over 10 years by simply allow- It is absolutely the most inefficient the profit column beyond reason for ing the Federal Government to nego- way to deliver medical services and to those private sector types that said tiate the prices of drugs for seniors. pay for them. Medicare is one-half the they can do it cheaper, which was the Mr. TONKO. And you know, you are administrative cost both for the pro- claim. We can do it cheaper. Let us so right. That preclusion that came in vider as well as for the collection and have this Medicare Advantage model, that measure was an outright avoid- the payment of the bills. and we will show you how we can pro- ance of providing a benefit to the sen- Mr. TONKO. And I think it’s prob- vide benefits. It didn’t require such ior community. I know the number be- ably what underlies the thinking of vast overpayment. cause we talked about it today in an- Americans out there, because when b 1920 other session. It’s $156 billion that they were polled just recently with the could be saved over that 10-year poll that was shared with people today, Mr. GARAMENDI. No more subsidies. stretch just by bulk purchasing the there is overwhelming opposition to Now that I’m on a roll, in that Af- pharmaceutical needs for the Medicare the GOP plan to end Medicare. So fordable Care Act, there was additional program. much so that in that effort by the GOP money for the Internal Revenue Serv- Mr. GARAMENDI. But the Repub- to convert Medicare to a voucher sys- ice, the IRS, specifically to go after licans wouldn’t allow it. tem, 57-plus percent said ‘‘no’’ to that Medicare fraud. We know it’s a prob- Mr. TONKO. Exactly. idea. And when you look at inde- lem. In the previous years, the Repub- And it’s not just a savings to the gov- pendent voters out there as a separate lican budgets reduced the effort of the ernment, but it’s also a savings of $27 bloc of measurement, it closes into 60 Medicare program to go after fraud. So billion to individual seniors. So right percent, at 58-point-some percent. we put money into the Affordable there is an opportunity to provide for So people are saying overwhelmingly, Health Care Act to go after fraud. stability and to rein in costs within the We do not want to convert this into a Guess what happened when the Repub- Medicare program. But it takes the voucher system, where you get 32 cents licans came to power. They eliminated

VerDate Mar 15 2010 04:03 Jun 24, 2011 Jkt 099060 PO 00000 Frm 00052 Fmt 7634 Sfmt 0634 E:\CR\FM\K23JN7.139 H23JNPT1 rfrederick on DSKD9S0YB1PROD with HOUSE June 23, 2011 CONGRESSIONAL RECORD — HOUSE H4515 the money that the IRS needed to add Electronic medical records, elimi- the empowerment of the most powerful additional agents to go after Medicare nated or attempted to be eliminated by at the expense of the masses of those fraud. the Republicans. All of these things are who have received quality of care and Mr. TONKO. Right. good for health. The preventative care. dignity addressing their golden years, Mr. GARAMENDI. What’s that all Mr. TONKO. And the annual check- that has to be sacrificed just so that about? ups. Don’t forget those. And just this stubbornness of negotiation can Mr. TONKO. In situations where we undoing the requirement for copay- continue where you’re going to have found recently—and there was an arti- ment or deductibles for those this Darwinistic outcome. cle in a major paper, The New York screenings and annual checkups. There Mr. GARAMENDI. Representative Times, that reported that there were was this compassionate, reasonable, TONKO, we do have a deficit problem. CT chest scans done two times over at thoughtful approach to contain costs, We have to address that. We’ve talked many locations where they were recov- provide for the continuation of a pro- about ways that that can be done in ering those dollars through Medicare gram that has grown immensely valu- the health care sector without harming and found that to cost some $25 million able in the lives and the fabric of our Medicare. But one of the most impor- worth of waste, of fraud in the system. senior community. tant things in addressing the deficit Now, that’s just one small example of And you know what’s interesting problem is to put people back to work. one small bit of opportunity and activ- too? This ‘‘hands off my Medicare’’ is Americans want to work. They want ity in the health care field. not just resonating with today’s sen- to earn a living. They want to have Think of it. If you have the agents, iors. In the recent poll that I just cited, enough money to pay for their home or as you suggested, and if they are fund- 61 percent of those age 35, Representa- their rent and food and take care of ed in a way that produces dollars of tive GARAMENDI, and older and 63 per- their children so their kids can go to savings simply by having the infra- cent of those age 55 and older said they school. We need a jobs program. We structure, the human infrastructure, to would be worse off under this GOP need a jobs program in America. We go out and chase this fraud down, we plan. Worse off. So the more people need to be able to put people back to can then benefit. There are systems check this out, all age groups—under work. We’re into almost the end of the here that we developed that have the 55, under 35, over 65—are all saying, sixth month of this session. Not one checks and balances, that have the Hands off my Medicare. It’s no wonder jobs bill put forward by the Republican bells and whistles, that have the pre- that the message has been resound- Party. Not one. They talk about cuts ventative element. Even the efforts ingly delivered throughout this coun- in taxes as though that’s somehow that we made in the Affordable Care try, no matter what region. You’re on going to create jobs, and there’s abso- Act to not require copayments or the west coast. I’m on the east coast. lutely no evidence that it does. deductibles for any of the screenings We’re hearing it from coast to coast. Mr. TONKO. What does grow jobs is and the annual checkups for our sen- Mr. GARAMENDI. And everything in strengthening purchasing power so iors—wonderful concepts to, again, between, Hands off my Medicare, Hands that as the middle class of America, contain the costs of health care within off my children’s Medicare. which is the engine that drives the the Medicare model, which we thought However, we’re saying that. The pub- economy, has the available cash to pur- was a wonderful thing to do. lic is saying that. Democrats say we chase things, to be out there and allow And you’re right, there’s no move will not give an inch on Medicare. We for the upper strata to have their prod- here. When you end Medicare and make will control the cost within the total ucts sold, purchased, you’re going to no adjustments and just hand it over to health care system, but we will not destroy purchasing power of many the private sector and say, Keep on allow the destruction of Medicare. households, senior households, those your trend of being much more expen- Keep your hands off Medicare. The pub- who have to save $182,000 before they sive than Medicare and go out there lic is saying that. qualify as seniors. That’s going to and sharpen the pencil, without And what are our Republican friends drain this economy. changes that they want to induce into saying? They’re saying, Keep your Mr. GARAMENDI. That’s money di- the program, nothing changes; but the hands off Big Oil subsidies. Hello. rectly out of the pockets, and that’s cost increases for the seniors. What’s that all about? They’re saying money that has to be set aside. Mr. GARAMENDI. So if you’re look- don’t touch the subsidies, the billions What I would like to take a few mo- ing at the deficit and dealing with the of dollars annually that the oil indus- ments on, with your permission, is to deficit, you don’t have to destroy Medi- try gets, our tax dollars given to the talk about a program that you and I care to save money. In fact, it will cost oil industry. Don’t touch that. Keep and our colleagues on the Democratic us more money, not directly in taxes your hands off those subsidies. But side have been working on now for the but out of the individual pocket. No they want to put their hands onto last, almost a year now, and we call it doubt about it. Medicare and literally destroy Medi- Make It In America. It’s that great The other thing is that there are care. American middle class, the heart and many, many ways to bring down the Mr. TONKO. So you’re saying that— soul of this country, the men and cost of health care. Many of those are to quote your dollar figure from ear- women that went to work every day in the Affordable Care Act, which our lier—if you’re 54, 55 years old, save an- and made something. They made cars. Republican friends want to repeal. And other $182,000 to cover your health care They made jet airplanes. They made let me just go through them: costs with the end to Medicare because engines. They were out in the fields. There’s the end of the subsidies for the system has to pay oil subsidies to They made the tractors. America was the insurance companies, which we just the historically profit-rich oil indus- the great manufacturing center of the talked about. There’s the money for try. world. And in the last 20 to 30 years, the IRS agents to go after fraud. There So they’re saying, okay, garner up we’ve allowed that to dissipate. is in the legislation a provision that those dollars, save somehow the We want it back, and we know we can says that hospitals will not be paid for $182,000 additionally that you will re- get it back. We have the ability in this reinfections. One of the most expensive quire for your health care coverage be- Nation to rebuild the manufacturing things in the hospital system is when a cause we have to give this mindless base of America; and when we do, we patient gets an infection in a hospital handout to the oil companies. Or guess will rebuild the middle class of Amer- and comes back into the hospital. what, $6,000 more out of your pocket ica. We call this Make It In America. These are very, very simple things per year for your health care coverage And it’s so important. called ‘‘cleanliness’’ and ‘‘hygiene’’ at because we won’t have the dollars if You come from an area that still is a the hospital to bring down the infec- you don’t do that to pay the oil compa- great manufacturing sector and was tion rate. And in the Affordable Care nies or to give the millionaires and bil- once the greatest center of it. Act, it said, no, no, if there’s a reinfec- lionaires their tax cut. Mr. TONKO. Absolutely. The 21st tion in the hospital, we’re not going to These are the priorities that need to Congressional District of New York, in pay you a second time around, forcing be addressed thoughtfully at a negoti- the capital region, Mohawk Valley of the hospitals to keep it clean. ating table. And the ridiculousness of upstate New York, hosts the original

VerDate Mar 15 2010 04:03 Jun 24, 2011 Jkt 099060 PO 00000 Frm 00053 Fmt 7634 Sfmt 0634 E:\CR\FM\K23JN7.141 H23JNPT1 rfrederick on DSKD9S0YB1PROD with HOUSE H4516 CONGRESSIONAL RECORD — HOUSE June 23, 2011 infrastructure of the Erie and Barge tinue is very harmful to our economy, the basic understanding of the human Canals, the route that gave birth to a to the workers of this country. gene, of understanding how we can necklace of communities called mill You know, the working families have solve medical problems? Why would towns that became the epicenters of in- taken it on the chin. The middle class anybody propose a reduction in the re- vention and innovation that inspired a of America needs that purchasing search for medical care? westward movement, that inspired an power, that enhancement of purchasing I don’t know. But they did. And they industrial revolution. power. Then you see economic recov- succeeded in reducing the budget for ery. Then you see people putting people medical research. b 1930 to work because, as that activity con- So energy, medical research, auto- That pioneer spirit is the DNA of tinues to grow and snowball, you will motive, transportation research, they America. Give us the opportunity to require the investment in jobs in all, reduce it in the budget and they expect invest in ideas, and we turn that into from service sector on over to manu- our economy to grow, to be competi- manufacturing and we go forward. facturing on over to R&D. And where tive? I don’t get it, but that’s what But it begins and ends with a quality you plant R&D as a center of inven- they have done. workforce. And the cuts proposed in tion, of ideas of innovation, there will Mr. TONKO. There are quantifiable Head Start, with a quarter of a million come to be next door to that planting benefits that come not just with job children being denied Head Start op- the manufacturing elements that will creation, but with service delivery. If portunities, the huge cuts to title I allow our manufacturing sector to you provide for this sort of basic re- funding to get resources to our schools, prosper. search, you’re providing for cures to especially those in most difficult situa- Mr. GARAMENDI. Well, R&D, re- illnesses that have continued to haunt tions, would destroy the workforce of search and development. In the con- the fabric and quality of life of individ- the future. Without investment in edu- tinuing resolutions pushed forward by uals. And if we can discover and un- cation, there is not a strong and vi- the Republican party and successfully leash that potential, there is a quality brant workforce that can continue to enacted and signed into law by their of life that’s addressed. There’s hope carry our strength as a Nation in this intransigence to deal with any new rev- that’s delivered to the doorsteps of global economy. So that is a start. enues, the research budgets of the families across this country. And so it And then also, I have witnessed in United States were significantly re- goes well beyond job creation. But my region, where we’re the third-fast- duced at a time when we actually need you’re absolutely right. These are jobs est growing hub in this Nation for more research. that are of high quality, that require, science and tech jobs, high tech jobs, Research into energy. We know we again, the investment of America’s that when you start cutting away at have an energy crisis. We know we know-how. They are opportunities for R&D, you’re going to destroy the op- need to move to new energy sources. intellectual capacity that we, as a Na- portunity that we have as we continue And yet the Republican budget reduced tion, invest in higher ed, and this is to cluster with these science and tech- the energy research for this Nation. putting that higher ed product to related jobs. Automotive research. We’re just now work. Mr. GARAMENDI. Representative beginning to claw back and rebuild our Mr. GARAMENDI. Let’s take another TONKO, I come from the San Francisco automotive industry, and so research example. And this comes up on the en- Bay area. We are the first great science into batteries and new efficient auto- ergy policies of this Nation. research technology. We’ll let you be mobiles—eliminated by the Repub- I think we all understand that the oil number 3. But we’re number 1. licans. What are they thinking? industry has done rather well, and we Mr. TONKO. Not for long. Mr. TONKO. And when you talk continue to subsidize the oil industry. Mr. GARAMENDI. But the point here about battery manufacturing, ad- Efforts to eliminate those subsidies is that our strategy of ‘‘Make it in vanced battery manufacturing taking and to shift those to the new green America’’ includes a half a dozen dif- place in my district, you’re talking technologies have been blocked by our ferent specific programs, one of which about the linchpin. You’re talking Republican friends. you talked about, which is the edu- about that connector to all of the op- Now, we do have money going to sub- cation system. portunities out there that transition us sidize, to provide incentives for the Why in the world, when we need, as into alternative technologies. It begins clean energy industry, wind turbines you just said, to build the ability of the and ends with that battery develop- and solar photovoltaic systems. I have American worker to compete, smart, ment. And we have those opportuni- a bill in, actually two bills, that say capable, would we reduce the education ties. We’ve invested in those. We need that our tax money must be spent on funding? But that’s precisely what our to continue to take that curve north- American-made equipment. Republican friends have done. They’ve ward so that you put the money down For example, I have two big wind taken money out of the Pell Grants for that will grow jobs. That’s investing. farms in my district, the Altamont and college, very significant, Head Start. There is the rightful expectation that the Solano wind farms. They’re huge, All of the Federal education programs there will be lucrative dividends from huge pieces of equipment, towers 400 are being reduced by the Republicans that investment. And when you look at feet high with blades that are a foot- at a time when we have to build it. So the global race, this is much similar to ball field across, made overseas in Eu- if we’re going to make it in America, the global race on space in the early rope and China. And I’m looking at it we need a well-educated work force. sixties, when we got knocked on the and I’m going, wait a minute; our tax This one up here we call trade. Lis- seat of our pants in the late fifties with money’s being used to help build these ten, China’s cheating. China is cheat- the Sputnik moment, and that woke us systems? And yet they’re not Amer- ing on their currency. And no matter up, and we involved ourselves, and we ican-made? I said, no, no, no, no. If our how creative, how competitive we are, embraced with great passion getting tax money’s going to be used in this how hard our workers work, it’s vir- that race done in winning style. And way, it’s going to be used to buy Amer- tually impossible to compete against we won it. ican-made equipment. That bill is in. China because of their currency cheat- Today we have more competitors. It’s now being slowed down, blocked in ing. The Democrats want to put on this You’ve got China, Brazil, India, Ger- the various Republican committees floor, send to the President a demand many, Japan, all investing in a global here. But it seems to me foolishness to that the United States take action, race on clean energy and innovation, allow our tax money to be sent off- against China on their currency issue and we’re going to tie our hands behind shore. so that we could have a fair trade situ- our back. We also, all of us, pay 181⁄2 cents ex- ation. Mr. GARAMENDI. Take away the re- cise tax for gasoline. That money is Mr. TONKO. Absolutely. The cur- source money and see what happens. used to build roads, highways, bridges, rency issue is epicenter to the solution We lose the race. and to buy trains and buses and light that’s required. Fair trade is what real- We know we all get sick, right? Why rail systems. My legislation says that ly allows us to compete effectively. would you ever put forward a policy to that money must be used to buy Amer- This imbalance that’s been able to con- reduce research in medical services and ican-made equipment. Those trains,

VerDate Mar 15 2010 04:03 Jun 24, 2011 Jkt 099060 PO 00000 Frm 00054 Fmt 7634 Sfmt 0634 E:\CR\FM\K23JN7.142 H23JNPT1 rfrederick on DSKD9S0YB1PROD with HOUSE June 23, 2011 CONGRESSIONAL RECORD — HOUSE H4517 those buses, those light rails, the steel where we take care of Americans who With that, I thank the Speaker for in the bridges, will be American-made. are working in America. the opportunity, and I yield back the Why don’t we bring those jobs back Mr. TONKO. And you know, Rep- balance of my time. home? We can do this using money resentative GARAMENDI, just about an f that is already available, already being hour ago we were talking about it all FRESHMAN CLASS ON JOBS AND spent, but sometimes all too often being about principles, values, prior- DEBT spent on foreign-made equipment. ities, contrasts, and choices. Well, if we Mr. TONKO. And talk about this sort go with the choice to not make it in The SPEAKER pro tempore. Under of innovation economy where you in- America, not invest in innovation, re- the Speaker’s announced policy of Jan- vest in America, you make certain that search for medical purposes, means uary 5, 2011, the gentlewoman from our infrastructure that moves goods that we may not be able to contain Alabama (Mrs. ROBY) is recognized for and people is as sound as it can be. But those costs of medical needs, of health 60 minutes as the designee of the ma- as we invest in the growth of jobs and care, because we will avoid the dis- jority leader. ‘‘Make it in America,’’ and you talk covery of better treatments, new cures, GENERAL LEAVE about the clean energy economy, the prevention elements that all come with Mrs. ROBY. Mr. Speaker, I ask unan- alternative technologies, the innova- the medical research and medical inno- imous consent that all Members may tion that comes with advanced battery vation that can be made in America. have 5 legislative days in which to re- manufacturing, that stops the trail, And then we have opportunities to vise and extend their remarks and in- eventually, of dollars that are exported keep Medicare alive, not destroy it, by clude extraneous material on the topic out of this Nation, going into the Mid- containing costs for health care and al- of my Special Order regarding the debt east, $400 billion plus a year to main- lowing for the dignity of life and the and jobs. tain this fossil-based economy that has quality of care to go forward without The SPEAKER pro tempore. Is there us gluttonously dependent on fossil- this treatment to end Medicare. And objection to the request of the gentle- based fuels that are imported from un- the choice is to avoid powerful indus- woman from Alabama? friendly nations to the United States. tries like the oil industry, giving them There was no objection. Mrs. ROBY. Mr. Speaker, I am joined b 1940 mindless handouts, or do we invest in education, higher education, job cre- here tonight by Members of the fresh- There has to be a cleaner way, a ation, quality of life issues, housing op- man class once again to focus this dis- more innovative way, one that em- portunities? These are the choices cussion on jobs, and I immediately had braces the American intellect and the we’re talking about. just one glaring road sign in my mind ingenuity that enables us to grow prod- as I sat here and listened to the Demo- This hour has been, I think, an oppor- ucts that are not on the radar screen. crats talk about their so-called plan, tunity for us to exchange, with a clear- That’s how a great nation continues its ‘‘Make It In America,’’ and it’s ‘‘stop,’’ er expression, what the contrast is on greatness; that’s how it continues to s-t-o-p. This has to stop. The American the floor of the House of Representa- become even greater, by putting to people deserve the truth. And what you tives and what it is between this Path work its brainpower and developing just listened to, what was just pre- to Prosperity that we have seen as a products that are kinder to the envi- sented to you is not that. Road to Ruin, one that would end ronment, strong in their manufac- We have got to focus in and look at— Medicare, continue handouts to record turing element that produces here in which we’re going to do tonight in a profit oil industries, to continue to ad- these United States and draws upon the very good discussion—this job-killing vocate for millionaire and billionaire workforce and the R&D potential of ev- legislation that has been presented by tax cuts at the expense of America’s eryone from trades up to the Ph.D.s in- the very side that just stood up and middle class that needs a stronger pur- volved in that equation of success. I told the American people that we’re chasing power and needs to know that think it’s a way to empower us across out to kill Medicare and so on and so her children and grandchildren will the board. forth. People can’t make it in America have the opportunities, equal opportu- Mr. GARAMENDI. As we come to the right now because of the heavy hand of nities for quality education and a col- conclusion of this, the Make It In government that is bearing down on lege degree. America agenda is a powerful agenda them, because of this job-killing legis- to rebuild the American manufacturing Mr. GARAMENDI. Thank you very lation and overreaching regulation base to put middle class America back much, Representative TONKO. that continues to be promoted by the to work so that they can have the Our promise to the American seniors other side. And we’ve had enough. So home that they want, so that they can and those who want to become seniors let’s stop. Let’s stop the demagoguery. take care of their children’s education, is that this tombstone that the Repub- Let’s get down to the truth. We’re so that they can have, once again, lican Party wants to put out there— going to have that discussion here to- pride in this Nation. We can do it. And that is, the termination of Medicare— night. these are the policies—a fair trade pol- will not happen. We will not let this The average unemployed American icy in which we tell China, no, no, no, happen. Medicare is part of the Amer- has been searching for a job for 39 we’re not going to let you cheat on ican agenda. It is part of what is good weeks, the longest average time in his- your currency any longer, where the about America, and it will not be ter- tory to be looking for a job. Twenty- tax policy makes sense. minated by anybody. That’s our prom- one million jobs are still needed by 2020 This one. An example. Somewhere in ise. That’s where we draw our line in to return our Nation to a full job re- the last 30 years, built into the tax the sand. covery. Companies in the United States laws was an incentive for American Thank you very much for this oppor- of America are hitting the brakes on corporations to shift jobs offshore. tunity. hiring and production. They take a job; they send it offshore; Mr. TONKO. Thank you very much, I want to start our discussion here they got a tax break. I don’t know Representative GARAMENDI. It has been and I want to hit on three points. I am where it came from. I know it was in a great opportunity to share this hour going to talk very quickly about the Codes. And what we did in the tax with you. health care, about boiler MACT, and bill last December was to eliminate We only ask that thoughtfulness about energy and jobs. And that’s that tax break for American corpora- guide the negotiations—either on a def- going to lead for the discussion here to- tions sending jobs offshore. It passed. icit ceiling bill or on budgets as we go night. The President signed it, but our Repub- forward—thoughtfulness and a desire On May 19, a small business owner re- lican colleagues, to a person, voted to grow opportunity for all Americans. ceived documents from his insurance against it. They voted to keep that tax We’re at our best when the inclusive- carrier stating that, due to ObamaCare break for American corporations to ness of this process enables everyone to the coverage in his policy would be up- shift jobs offshore. Doesn’t make sense be empowered and not just the special dated with the new terms of the law on to me, but it’s gone. And that’s the interests, the wealthy oil industry that the anniversary of his enrollment. kind of policy we want to put in place, has set record profits 2 years in a row. Four days later, this small business

VerDate Mar 15 2010 04:03 Jun 24, 2011 Jkt 099060 PO 00000 Frm 00055 Fmt 7634 Sfmt 0634 E:\CR\FM\K23JN7.144 H23JNPT1 rfrederick on DSKD9S0YB1PROD with HOUSE H4518 CONGRESSIONAL RECORD — HOUSE June 23, 2011 owner received a statement from the ment containing the new benefits outlined going to dip into our own energy oil re- same insurance carrier stating that his above. serves right here in the United States monthly premium would increase by 25 If you have any questions, please call the and yet does everything he can to Member Service telephone number listed on percent. And I have those documents your member ID card. Our service hours are stand in the way of energy production here with me tonight. Monday—Friday from 7:00 am—7:00 pm. right here in the United States. We Why does the administration con- Please have your ID card available so that have got to lessen our dependence on tinue to state that Americans will not we may serve you as quickly as possible. Middle Eastern oil. see significant increases in their health Sincerely, Americans deserve the truth, and I care coverage when it is already hap- ANDREW F. SULLIVAN, hope tonight’s discussion will provide pening right now? Senior Vice President, that opportunity. Consumer Direct Services Unit. Mr. Speaker, I would like to submit At this time I would like to yield to The Obama administration is encour- these documents into the CONGRES- my friend from Illinois as much time aging employers to retain coverage. SIONAL RECORD. as he would consume. CAREFIRST How can a small business owner retain coverage if it forces them into bank- Mr. KINZINGER of Illinois. I thank BLUECROSS BLUESHIELD, the gentlelady for yielding. Washington, D.C., May 23, 2011. ruptcy? DEAR MEMBER: the purpose of this letter is And I’m going to point you again to I think she said it perfectly. I’m a to inform you of your premium rate for the Don Cox. He’s a small business owner. young guy. I remember in the eighties upcoming year. Please take a moment to re- He owns 15 Pizza Huts in Alabama, and watching the ‘‘Where’s the Beef’’ com- view this important information. he is very proud of his products and his mercials. Everybody remembers that. Your current monthly premium is $174.00. employees. The health care regulation Well, here is the question: Where’s the Beginning 08/01/2011, your monthly premium jobs? Where’s the jobs? will change to $218.00. Please note that this is on the top of his list. In 2014, Don is a change in your monthly rate. would have to provide all of his em- I remember a little over 2 years ago We regret this increase is necessary, but it ployees with health insurance. Sadly, the President promising that if we reflects the cost of providing you the cov- only five Pizza Huts will be able to passed an $800 billion stimulus, unem- erage called for in your policy. As a not for stay afloat; 10 out of the 15 will go ployment would not exceeded 8 per- profit organization, we operate on the small- bankrupt due to this health care law. cent. Well, where did that get us? In est possible margins, consistent with finan- They stand on the floor tonight and fact, if you look at the President’s own cial soundness. they submit to you that we need to charts, they said that by this time Our service hours are Monday – Friday under this stimulus plan unemploy- from 7:00 am – 7:00 pm. So that we may serve make it in America, and we can’t make you as quickly as possible, please have your it in America due to their job-killing ment would be about 6.5 percent. ID card available. You can also access your health care legislation. If Don provides I will tell you, that is compelling plan information from the convenience of health insurance to all of his employ- when you see that on a chart. When your home computer by visiting ees, then 10 Pizza Huts go bankrupt. you are a country facing a huge eco- www.carefirst.com/myaccount. And although when we’re looking at nomic crisis in a slide, that is very Sincerely, his balance sheet he is making a profit, compelling. But it didn’t work. It was RICH MACHA, almost all of the profits were returned a waste. We wasted $800 billion of hard- Senior Director, Customer Service & Technical Support. back into the business. earned money, most of which was bor- Last week, when we stood on this rowed, on something that didn’t work. CAREFIRST, BLUECHOICE, CARE- floor a couple of weeks ago, I talked Now, Americans are still feeling the FIRST, BLUECROSS BLUE SHIELD, about Rheem Manufacturing, who pain. In fact, unemployment went up May 19, 2011. spent $1 million adding on to their al- towards 10 percent. Counties in my dis- DEAR MEMBER, the Patient Protection and ready 700,000-square-foot facility in trict in Illinois have unemployment Affordable Care Act (PPACA), also known as Montgomery, Alabama, where they upwards of 11 percent. It didn’t work at the Federal Health Reform law, requires that provide over 1,000 jobs. That $1 million all. And now I have actually heard our the coverage policy you purchased be made investment was to comply with Federal compliant with the terms of the new law on colleagues on the other side of the aisle your first contract anniversary date. These regulations. float a second stimulus. They say, well, new benefits will improve the benefits under b 1950 $800 billion wasn’t enough. It probably your plan. The changes to your coverage are The Environmental Protection Agen- needed to be more. Well, why don’t we outlined below and are effective as of your just make it $5 trillion or $10 trillion. next anniversary date, with the exception of cy has been an agency that has been particularly troublesome in overbur- If we can just print money and borrow the removal of the lifetime maximum limit it, tax, borrow, and spend our way to which took effect on October 1, 2010. dening businesses and placing road- prosperity, make it $10 trillion. That is No Lifetime Maximum: If your plan was blocks to domestic energy production. subject to a lifetime maximum limit, this I want to talk about the EPA’s pro- ludicrous. We know that is ludicrous. limit was removed effective October 1, 2010. posed boiler MACT rule and what that I hail from Illinois. Illinois is the You now have benefits with no lifetime max- would do to small businesses. I have President’s home State. Illinois has a imum dollar limit. had people in my office all week talk- huge problem with folks looking for No Annual Dollar Limit on Essential ing about this. Next week I am going work that can’t find it. Illinois used to Health Benefits: PPACA requires that cer- be a manufacturing economic power- tain benefits provided in your coverage plan to be touring an International Paper be considered ‘‘Essential Health Benefits’’. mill in Prattville, Alabama, and boiler house in the United States. It is not Any annual dollar amount limits applicable MACT impacts 42 boilers and four proc- hard to drive around and see abandoned to these benefits will be removed, except any ess heaters at 19 IP facilities. Their warehouses or abandoned factories. Jo- annual visit limits that may apply to spe- compliance costs for just boiler MACT liet, Illinois, a city in my district, cific services under your coverage plan and the commercial and industrial in- knows that all too well. They under- which will remain in effect. cinerator rule are $600 million. stand that. No Cost-Sharing for Preventive Services: This is not rocket science. We are So what do we do? Well, recently Illi- An expanded range of preventive services, in- nois came up with a decision. Well, the cluding recommended immunizations and standing around and our friends on the screenings, will become available from other side of the aisle are asking us, budget is bad. Yeah, the budget is bad, CareFirst participating providers with no where is our jobs bill? And yet I would because you are running business out cost-sharing to you—no deductible, copay- like to return the question to them and of your State. As a result they say, we ment or coinsurance. say, where is yours? All you have done have to raise taxes, so in Springfield Emergency Services: Due to the require- for the past 2 years or more is do your they raised the individual income tax ments of the new law, your share of the costs best to stifle job creation, American rate and then they raised the corporate of emergency services you may obtain from tax rate. an out-of-network provider will be the same job creation right here in the United as if you saw an in-network provider. States. Enough is enough. This must Now, there has got to be some good In the near future you will receive a letter stop. news to this, right? Well, the State of with your renewal rates. You will also re- Then, of course, today we learn that Illinois has had $300 million in in- ceive a new ID card and a contract amend- the President has decided that he is creased tax revenues that they have

VerDate Mar 15 2010 04:57 Jun 24, 2011 Jkt 099060 PO 00000 Frm 00056 Fmt 7634 Sfmt 0634 E:\CR\FM\K23JN7.146 H23JNPT1 rfrederick on DSKD9S0YB1PROD with HOUSE June 23, 2011 CONGRESSIONAL RECORD — HOUSE H4519 seen from this corporate tax increase. tate values are declining, demand for here in America. Quit relying on these Oh, but if you read The Wall Street our products is declining, and the value other countries to produce things. But Journal just shortly ago, you would of the dollar on world markets is de- you know what has to happen? We have read that $240 million has already been clining. All of these factor into the un- to create an environment that makes given away to these corporations to certainty of business today. In the long it easier for people to do business here incentivize them to stay in Illinois be- term, I can’t see any expansion until in America. cause they were looking at leaving be- regulations are eased and the health Let me give you a few names: Tom cause of this high tax rate. care bill is killed.’’ Cook, he owns Taco Bell franchises in I will tell you, the definition of in- Now, you want to talk about whether my neck of the woods; Cliff McMillen, sanity is doing the same thing over and or not we have a jobs plan? This is owner of Vancouver Pizza; Sherry over and over again, but expecting dif- their jobs plan. What this businessman Malfait, owner of Washougal Flowers. ferent results. We cannot tax, borrow, in Greenville, Alabama, is facing is ex- What do all these folks have in com- and spend our way to prosperity. actly what the other side of the aisle mon? They’re small business owners, You talk to any small businessman has proposed, and he can’t create jobs. number one. They’re creating jobs in out there, small businesswoman or job We have time and time again shown our community. Secondly, they’re all creator, owner of a factory that is just leadership here in the House, in the facing government-initiated problems, trying to take their products to mar- majority, trying to repeal this job-kill- whether it’s higher gas prices because ket, and they will tell you the biggest ing legislation, and we run into road- of this administration’s refusal to ex- hindrance, one of the biggest hin- block after roadblock with the Senate plore for American energy here in the drances, besides a lack of confidence, is majority and with the White House. United States; whether it’s a regu- the government. I would now like to yield time to the latory environment like the health I have talked to a lot of people and gentlelady from Washington. care bill that the gentlelady from Ala- said, how much better would your life Ms. HERRERA BEUTLER. Thank bama talked about. It’s one of the be if you weren’t forced to sit around you. I am excited to be here this number one issues I hear about from small employers. They are unsure what day after day and just fill out govern- evening to talk about something that regulation, what shoe is going to drop ment paperwork? You could take that our country has too few of—jobs. next when it comes to this health care employee and make them productive. In my neck of the woods in southwest bill. They may be able to go out and sell Washington State just about every These business owners are fighting to goods. They may be able to go out and county, save one, has double-digit un- survive; and we need to make it easier expand the business. employment, and we have had those for them to survive, which is why this Nope. We have got to tax and regu- disappointing numbers now for many House passed over four solutions for late in this town. This town is really months, almost 30-plus. So we are at a gas prices. We heard from small busi- good at taxing and regulating, at put- place right now where families are ness owners and employers across ting things through a bureaucracy and hurting. Moms who are paying the bills America, and we responded. We have letting bureaucrats have their way. at night thinking about health care now passed no less than four bills that We are going off a cliff, and it is time payments, thinking about getting the allow Americans to explore for Amer- to pump the brakes. It is absolutely kids to school, how much it is going to ican energy using American workers time for us to get deadly serious about cost to fill up the gas tank, what the here in America. Four bills. We call on reducing the size of the Federal govern- cost of meeting the mortgage is going the Senate to step up and pass those ment, cutting spending, and getting to be. bills so that we can create those jobs Americans back to work. These are the real challenges that and we can bring gas prices down so Our colleagues on the other side of middle America is facing right now, these business owners that I’ve talked the aisle like to say, where is your jobs and that is why we are here. That is about can compete with businesses not plan? Well, we have put forward plenty why we are fighting. That is why we just in the United States but globally. of jobs plans. One of them includes want to rein in spending, because, as Talk about regulations? I think drilling for oil here at home, which we this chart actually shows, less govern- about Tidewater Barge, which is lo- will get into, which my good friend ment means lower unemployment. cated on the Columbia River. The Co- here actually that will be speaking Less government spending means, if lumbia River is the fourth largest river soon sponsored, and I commend him for you look at this, and this is from 1980 system in the United States. It is right that. to 2010, they have almost tracked in my backyard. Tidewater Barge are But there is a fundamental difference equally, our unemployment numbers barge operators. They move freight up between the two parties here. The and the Federal Government spending and down the Columbia River. Every Democrats believe that government or outlays. The red line is just that, it time I have the opportunity to talk to creates jobs. You hear that all the time is government spending. The blue line either those employees or the employer in what they say. Listen closely. They is unemployment rate. there, they just ask me what’s going to say, we just need a jobs bill. We need It is very easy to see that when the happen next. What regulation are you $800 billion in more spending. We need Federal Government actually spends going to send our way that’s going to this program. less and leaves that money in the pock- make it more difficult for us to com- What you are going to hear tonight is ets of that mom who is trying to make pete. the Republican view. The Federal Gov- her mortgage payment, or that single Health care is a big issue for them. ernment doesn’t create jobs. The Fed- dad who is attempting to get food on They offer a tremendous health care eral Government can’t make jobs. We the table, put shoes on the kids, pay plan to their employees—vision, den- can take tax money and put it through for the housing, pay for the transpor- tal, you name it. I got the chance to a bureaucracy and spit out a paycheck. tation costs, it means that when we let meet with those employees last sum- Jobs are created in the free market. We them keep more of their hard-earned mer. One of the things that they shared can create an environment for job cre- money, we actually improve the econ- with me—in fact, I had a sweet lady ation, and that is what our freshman omy nationally. come to me, middle-aged, worked for class came here to do, and we aim to do the company for a while, came to me in b 2000 it. tears because she was so afraid of the Mrs. ROBY. I thank the gentleman And that’s what we need to do. When cuts to Medicare that the Obama ad- from Illinois. Your comments are right I travel southwest Washington, over ministration was putting forward. Over on. the last few months I have had the op- $500 billion. She knew what that meant Before we move on, I want to share portunity to talk with many, many infor her mother and her mother’s health with you, I heard from a gentleman dividuals, businesses, families. And care. She was terrified. today, a businessman in Greenville there’s really a common theme: Let us So, on one hand, I have the employee Alabama, and I am going to quote him: succeed. I believe in making it in saying this is impacting us individ- ‘‘Economic conditions being what they America. I believe in having things ually, and then I have the owner say- are, we are in a situation where real es- manufactured here and doing things ing, Look, this health care bill is going

VerDate Mar 15 2010 04:03 Jun 24, 2011 Jkt 099060 PO 00000 Frm 00057 Fmt 7634 Sfmt 0634 E:\CR\FM\K23JN7.148 H23JNPT1 rfrederick on DSKD9S0YB1PROD with HOUSE H4520 CONGRESSIONAL RECORD — HOUSE June 23, 2011 to cost my employees this tremendous thing you said tonight, but I have to alone. We’re going to borrow a trillion health care plan. It’s going to jeop- disagree with you on one point. With dollars every year for the next 10 years. ardize it. regard to Medicare, the President does As the gentleman from Illinois said, we Why are we making it harder for have a plan. I talk to seniors all over are cascading towards a cliff and these businesses to operate? We should my district. One of the things that there’s a road sign that says: Danger: be making it easier for them to oper- makes our seniors so angry is that over Pump the breaks. You’re about to go ate, not harder. That’s part of what the course of their lifetime, the money over. That’s what we’re going to do. we’re doing here. We’re going to hold that they have put in their Social Se- Our job creators are saying, Listen, this administration—or anybody, real- curity accounts, it’s been robbed. It’s with this massive debt, it creates un- ly; it’s not a Republican or Democrat been taken out and spent for other certainty. It creates uncertainty be- issue—we’re going to hold anybody’s things. cause we don’t know what interest feet to the fire. If you work in the Fed- So what the President does in rates are going to be in the very near eral Government and you’re making it ObamaCare is he takes half a trillion future. We’re concerned about inflation harder for businesses to survive, guess dollars out of Medicare and uses it to because government is printing money what, we have our eye on you. And spend for ObamaCare. Everyone agrees to purchase our debt. They’re con- we’re going to work to advance policies that we have to fix Medicare. The cerned about punishing tax increases. off this House floor like the American President agrees there’s a problem, Bill They’re concerned about health care energy bills I mentioned earlier. We’ve Clinton agrees there’s a problem, Re- costs with ObamaCare. As the gentle- also put in place and are fighting to publicans agree there’s a problem. How lady from Alabama said, they’re con- put in place a replacement bill for the do we fix it? Well, what the President cerned about regulation. disastrous health care bill that was does is says, I’m going to institute the b 2010 passed last year. IPAD board, the Independent Payment One of those things that I support Advisory Board. This is a board that’s In my district, we have a great forest and it’s making it way through com- going to look at prices that we pay our product industry. We make paper in mittee right now is purchase of health health care providers, and it’s going to my district. Boiler MACT is going to insurance across State lines. That reduce those reimbursements—reim- kill jobs in central Wisconsin and send would allow individuals who are right bursements that are already incredibly them to China where they have no reg- in one of the most costly insurance low. ulation. markets to purchase health insurance. What does that mean? It’s going to All these things have come together You get on your computer, just like affect the access to care for our current to create uncertainty, which means our they do for auto insurance—everybody seniors. That is absolutely unaccept- job creators aren’t reinvesting; they’re can think of the lizard or the cave- able. We have a plan in place that’s not expanding; they’re not growing; man—get on your computer and choose going to save Medicare, it’s going to they’re not innovating. Do you know a health care plan from any State in protect Medicare, and we’re going to what? It doesn’t hurt the job creator. It the Union. It has to be regulated by continue this great program for future hurts the families in our communities one of those States. Pick one that best generations. Let’s not be mistaken. because they have a lack of oppor- meets your needs and your pocketbook. The President has a plan that is going tunity for jobs. That will drive down costs imme- to kill Medicare and provide a lack of I want to just point to a chart that diately. And it’s not going to grow gov- service to our seniors. we have here. ernment, and it’s not going to cost tax- I do want to move from that to jobs, When we have recessions, there is payers. though, because that is what is on ev- what’s called ‘‘symmetry.’’ If you have These are commonsense solutions eryone’s mind. As I travel central and a U-shaped decline in this recession, that get us where we need to go. northern Wisconsin, people are con- you’ll have a U-shaped recovery. If you They’re going to grow jobs in America, cerned about jobs. There’s a lack of op- have a V-shaped decline, you’ll have a and they’re going to return and em- portunity. There’s a lack of prosperity. V-shaped recovery. That’s our history, power families and individuals and And so I want to review what the and you’ll see that in this chart. What business owners, not the government. Democrats did, which is they talked to has happened differently in this reces- It’s the right solution. I invite my col- folks who will come up with abstract sion, the great recession, is we’ve had a leagues on the other side of the aisle to theories. They went and talked to uni- V-shaped decline; the recovery has join us. ticked up a little bit, and then it has Mrs. ROBY. I thank the gentlelady versity professors, and they came up flat-lined. Why has it flat-lined?—be- from Washington. Again, you make with an $800 billion-plus stimulus bill. cause of the uncertainty that has been great points. And what we all know as Remember, that was their jobs plan: created coming from Washington: from we travel around our districts and we $800 billion of government spending. our Democrat colleagues on the other talk to business owners is that it’s that They said government spending will side of the aisle and this administra- very uncertainty associated with lead to economic growth, prosperity, tion. It’s causing a lack of willingness ObamaCare that is preventing these job wealth, and sustainable jobs. for our job creators to reinvest. creators to create jobs. They’re sitting We know that government spending I want to bring up one last point. in their boardrooms, they’re sitting doesn’t lead to sustainable jobs. It has I continually hear how our friends around the table in the break room and never worked. It doesn’t work. And they’re saying, How do we plan for 2014 that’s why when they promised that we want to increase taxes on our job cre- when we don’t know how this is going would have unemployment of only 8 ators. I think anyone who looks at that to affect us? All of the regulations that percent and we would create millions says we will not create jobs by taxing have yet to be written. Yet, right be- of jobs, the alternative happened. the job creator. I think it’s a good ex- fore we have this hour to share to- We’ve lost millions of jobs, and we’ve ample. If those who say we should raise gether and to share with America, we had unemployment reach almost 10 taxes are concerned about jobs going see posters of a tombstone where we’re percent. overseas, it’s a pretty simple example out to kill Medicare. Yet ObamaCare What we’ve done is not talk to the that I use: alone cuts Medicare by $500 billion. professors who sit in the classroom. You have Wal-Mart and Target and We have a plan. They don’t have a I’ve gone out and talked to job cre- Kmart—all the big-box retailers. They plan. Their plan is the status quo and ators, people who are actually putting compete against one another, right? Medicare dies. That’s their plan. Our people in my community back to work. They’re competing. Yet Kmart is not plan sustains Medicare for this genera- And what do they say? Why aren’t they doing so well. They’re laying people tion and future generations. creating jobs? They continually talk off. They’re closing stores, right? Thank you so much. about uncertainty in the marketplace. My friends on the other side of the I now yield to the gentleman from What does that mean? When they talk aisle, the Democrats, they would come Wisconsin. about uncertainty, they talk about a in and they would advise Kmart. Mr. DUFFY. I thank the gentlelady $14.3 trillion debt, the fact that we’re They’d say, Listen. You have to bring for yielding. I agree with most every- going to borrow $12.5 trillion this year in more revenue. You have to keep

VerDate Mar 15 2010 04:03 Jun 24, 2011 Jkt 099060 PO 00000 Frm 00058 Fmt 7634 Sfmt 0634 E:\CR\FM\K23JN7.150 H23JNPT1 rfrederick on DSKD9S0YB1PROD with HOUSE June 23, 2011 CONGRESSIONAL RECORD — HOUSE H4521 these people employed. You have to families and America’s working fami- came to me with a similar theme: what keep these stores open. You need more lies succeed? is happening to them with overregula- revenue. To bring in more revenue, all Yesterday, a report was issued by the tion and their concern that they won’t you have to do is raise your prices. If Congressional Budget Office, but I have the opportunity to pass on their you raise your prices, you’ll bring in don’t know how many people saw or legacies to future generations because more revenue. took the time to listen to or to read of a government that has decided it We all know that’s not what will hap- what the Congressional Budget Office knows best and knows more than they. pen. If you raise your prices at Kmart, report had to say. It talked about the I want to talk a little bit about what you will drive more shoppers to Wal- fact that we have a $1.6 trillion deficit the gentlelady from Alabama said Mart and Target. If you raise the cost in this country and that we have a $14 when she was referring to the tomb- of doing business in America, you are trillion debt, all of this at the same stone that we saw shown earlier by the going to send more of our jobs to time that our unemployment levels in minority, which said ‘‘ending Medi- China, India, Mexico, Vietnam; but this country have crept back up over 9 care’’ on the tombstone. you’re going to outsource these jobs percent—unacceptably high. Today in committee, we had an op- because you’re raising the cost of doing Those of us in the Chamber tonight portunity to vote on an amendment business in America. were sent here in November because we that said we will oppose and vote Let’s make sure we make America a believe that we have more important against any amendment, any bill, any competitive place where our job cre- work to do than simply spending legislation that would end Medicare. ators can do what they do best, which money that we don’t have, than pass- Do you know what our colleagues on is to create jobs and to put our hard- ing regulations that kill jobs. The the Democrat side of the aisle did? working families back to work. work that we were sent here to do in They voted ‘‘present.’’ They voted Mrs. ROBY. Thank you so much. I November is work to get our economy ‘‘present,’’ refusing to stand up for appreciate your comments. back on track. Medicare because they know, when we As I did, you brought up Boiler The report from the Congressional ask where their plan is, they don’t MACT. I do want to point out that we Budget Office indicates that the situa- have one. When we ask them where the have a colleague from Virginia, the tion of our economy is actually worse jobs are, they don’t know. When we ask gentleman from Virginia, Representa- than many have been led to believe. them for leadership, they run and hide. tive MORGAN GRIFFITH, who introduced Our national debt will grow to be larg- Why?—because they’re voting legislation just yesterday—again show- er than the entire U.S. economy this ‘‘present’’ when it comes to saving ing leadership on this side of the year. We officially owe more than the Medicare. aisle—about deregulating the EPA to entire country produces in a year. That Mrs. ROBY. Thank you so much. I would now like to yield to the gen- issue achievable standards for indus- will happen at the end of this year. If tleman from New York. trial, commercial and institutional this isn’t a wake-up call to what is Mr. REED. I thank the gentlelady boilers, process heaters, incinerators, happening in our economy, to what is from Alabama for yielding time, and I and for other purposes. For that, we happening in our spending, I don’t thank my colleagues for coming to the are very grateful for his leadership. know what will be. We cannot afford to floor of the House tonight to stand I would now like to yield time to the wait and delay. We’ve got to solve this with us as we have a discussion with gentleman from Colorado. problem now. the American people—an honest and Mr. GARDNER. I thank the gentle- I want to read a quote from the Con- open discussion. That’s what we were lady from Alabama for her leadership gressional Budget Office report: The called to do in November of this past on this matter and for the time and op- sooner that long-term changes to year with the great election that portunity tonight to speak about jobs, spending and revenues are agreed on brought this majority to this Chamber, our economy and what’s happening to and the sooner they are carried out because we were sick and tired of the our country. once the economic weakness ends, the smoke and mirrors, of the gamesman- Something that really startled me a smaller will be the damage to the econ- ship and of the political rhetoric of little bit tonight was when the gentle- omy from the growing Federal debt. yesterday. lady from Washington made this state- The report didn’t say we can avoid ment. In speaking to her constituents, the damage. The report didn’t say b 2020 in speaking to businesses around her there won’t be any damage. The report We are here today to lead. We are district, she mentioned that one of said the smaller will be the damage. A here today to talk in an honest and them said, Let us succeed. I was taken $14 trillion debt. A $1.6 trillion deficit. open fashion about not talking points aback when she said that, that some- That is damaging our economy; it’s generated from a political party but a body would actually come to her and damaging our country, and it’s dam- philosophy that will bring America say, All we want the government to do, aging our opportunity to create jobs back to be the land of opportunity, not all we want our policymakers to do, all and long-term economic stability. It is only for us but for our kids and for our we want our regulations to do is to let a clear call to action from the Congres- grandchildren. us succeed. sional Budget Office. We’ve got to be You know, I love hearing the stories Isn’t it amazing that we have trans- bulldogs around this Chamber when it that my colleagues are offering about formed our economy from a time when comes to reducing our spending. We constituents from their home district, people could go out and achieve what have to make sure that we are standing about people that are suffering and they wanted to achieve by working up to the regulators who want to put that are looking for jobs, that are in hard, by sacrificing, by taking risks, people out of business simply because the ranks of the unemployed. But I and now they’re concerned because they’re sitting behind a desk and think also think of the people that are pres- their government is in a place where it they can. ently in a job, people like Brad Pfister won’t let them succeed. I’m glad that Tom Blach is a constituent of mine and his wife, Tammy, who are raising a you mentioned that tonight because I who came to me 2 years ago and said, beautiful young girl by the name of think that’s at the very heart of what I’m worried that I’ll lose my business Alexa, and they sit in their living every single one of us has talked about because of overregulation. Do you rooms, watching their daughter play tonight and what we will continue to know what he saw over the course of with the family toys, the Slinky, all talk about over the next months and the last 2 years? He saw the people he the things that, you know, we think of years to come: did business with, the people he as the American Dream, the things How do we make sure that the poli- partnered with leave the State of Colo- that we enjoy with our families. And cies that we put in place in this coun- rado because of overregulation. what he’s worried about is will he have try aren’t government-driven decisions Last Saturday, I had the opportunity a job, not just tomorrow, but will he that dictate what we’re going to do for to tour Roggen, Colorado, Haxtun, Col- have a job 6 months from now? Will he people’s businesses or lives?—but in- orado, Akron, Colorado, in the Eastern have a job a year from now? stead get government out of the way so Plains to talk to farmers, wheat grow- That uncertainty, that fear is some- that we can let our businesses, our ers, cattlemen, ag businessmen, all who thing that the men and women and

VerDate Mar 15 2010 04:03 Jun 24, 2011 Jkt 099060 PO 00000 Frm 00059 Fmt 7634 Sfmt 0634 E:\CR\FM\K23JN7.152 H23JNPT1 rfrederick on DSKD9S0YB1PROD with HOUSE H4522 CONGRESSIONAL RECORD — HOUSE June 23, 2011 children of America should not have to stable source of energy here in Amer- $75,000, enough to hire a full-time weld- live in because we are the strongest ica, we will create a marketplace in er. Nation on the face of the Earth. We are America that can rely on long-term, He has expressed the need to make the land of opportunity. So, when you stable, low-cost sources of energy. the regulatory barriers to raising pri- hear us talking here tonight, it is not I can tell you as a small developer vate investor startup money for inno- about political posturing. It is about myself, when I looked at putting a vative entrepreneurial companies like articulating a philosophy to America project together, there were always Staxxon much lower while maintaining that we, each of us, hold dear, and the three things I looked at in the private reasonable protections for private in- philosophy can really be summed up in sector. I said, what are the taxes, what vestors and large banking and invest- four points. are the insurance costs, and what are ment companies. You hear us talk a lot about the na- the utility costs? And as a mayor of a It is easier for an individual to get a tional debt, and I’ve been asked at small city, the city of Corning, my credit card with a $30,000 limit or a town hall meetings on a regular basis, hometown in New York, when I met home equity loan for $30,000 than it is why is that such a fundamental issue? with developers who were looking to for the same person in this country, Why, other than the threat that it pre- locate into our community, utility the United States of America, to decide sents to us as a Nation, because every- costs were always in the top three of to invest $30,000 in a United States one gets that, why is it so important concern. startup company like Staxxon, which that we get the national debt under So, if we can adopt and commit our- goes directly to the point that you’re control? And my response has always selves to a domestic orientated, com- making. been that if you’re going to create the prehensive energy plan, I am confident Again, House Republicans continue confidence in the American market in we can lower those costs so the Amer- to lead, but we don’t see the same lead- the people that are going to expend ican market can become competitive ership on the other side of the aisle. millions, billions of dollars to create again. That means bringing back our I would now like to yield time to the that new manufacturing base in Amer- manufacturers. That means building gentleman from Arkansas. ica, they’ve got to have the confidence things here in America. And as my col- Mr. GRIFFIN of Arkansas. I thank that the American market, that the leagues have articulated over and over the gentlelady from Alabama. fiscal house of the United States Gov- again, government is not here to create One of the ways that we in the House ernment, is in order so that they can jobs. That is not what our Founding are focused on creating an environment make that investment in a safe and se- Fathers envisioned. What the Founding so the private sector can create jobs is cure market. So that’s issue number Fathers envisioned was a government by pushing the President to do someone. that preserved and protected the right thing about the pending trade agree- Not only do we have to balance the to have the opportunity to succeed in ments. There are three pending trade books and get our fiscal house in order, one’s life, not a guarantee to succeed, agreements: one with Panama, one we have to have an honest conversa- not one where the government is the with Colombia, and one with South tion about removing the excessive reg- one signing the front of the paycheck, Korea. And all three of them are just ulations that are being promulgated but, rather, the individual is going out sitting there, sitting there while other out of Washington, D.C., and in our and earning that paycheck without in- countries are developing relationships State capitals throughout the entire terference from the government and and increasing exports to these coun- Nation. And when we talk about that, from sources in the private sector. tries. what we’re talking about is not going I am so happy to be here with my col- Now, in January of last year Presi- in and repealing all regulation. It’s leagues this evening, and I join you dent Obama said, ‘‘If America sits on about having commonsense, reasonable proudly in this fight, in this philosophy the sidelines while other Nations sign regulatory oversight, but not going to of leadership that we have brought to trade deals, we will lose the oppor- the point that we’re seeing out of Washington, D.C., and will continue tunity to create jobs on our shores.’’ Washington, D.C., that is letting go of this fight and continue the leadership b 2030 common sense and regulating, in my out of this House Chamber to stand for opinion, for the sake of just regulating. America, for our kids and our grand- I couldn’t agree more. The President That is not good government. children, and make it again the land of recognized last year that we need to We also believe that our Tax Code in opportunity that we have all enjoyed. move quickly with regard to these America needs to be reformed. We have Mrs. ROBY. I thank the gentleman agreements that will increase exports. talked greatly about it, not only be- from New York. Why? Because if we increase exports, cause it’s the right thing to do, but Before I call on the gentleman from we increase jobs. Some estimates say also to create a marketplace in Amer- Arkansas, I just want to make a point that if we pass these three trade agree- ica that’s going to be competitive to your story about a company here in ments, that we will create hundreds of worldwide because we are in the world the United States trying to achieve ex- thousands of jobs. So it’s not just im- economy. That is the reality of our actly what you’re talking about. We portant that we pass them. It’s impor- world, and we need to recognize it, and know the private sector creates jobs. tant that we pass them quickly. we need to give our private sector Our friends on the other side of the Why? Well, I sat down this past week those tools or that environment that aisle, all they’re doing is standing in with the Ambassador from Colombia, allows us to compete on the world eco- the way. We continue to lead, to de- and he was talking about how his coun- nomic stage. regulate. try has greatly increased trade with The fourth point that I think many Recently, a startup company named Europe while they’re waiting on the of my colleagues here tonight hold Staxxon based in Ohio developed proto- administration here in the United near and dear, just like I do, is that we types and patented an innovative new States to move on the agreement with have to adopt and commit our Nation technology for shipping containers their country so that we can increase to a comprehensive, domestic ori- that could save U.S. manufacturers, re- our exports and do business more effi- entated energy plan. Why is that im- tailers, and sea, rail, and truck carriers ciently, create jobs in this country. He portant? Not only because of the na- millions of dollars annually by reduc- said, We’re waiting. We’re waiting for tional security interests that so many ing the cost of moving and storing the administration to take action. We people can inherently latch on to—you shipping containers. Staxxon raised keep hearing, It’s coming. It’s coming. know, we are importing about 9 million about $1 million, all private money, to We’re working on it. But he knows that barrels of oil a day, coming from coun- hire 5 people, buy supplies, hire local those are just words. We need to get tries and sources that are publicly ad- welders, and build prototypes. The these trade deals passed and in place so verse and sworn enemies of the United third party costs—attorneys, account- that we can compete. States of America. So it just doesn’t ants, filing fees, printing, et cetera, of Right now, businesses from Europe make sense. But a second issue that compliance with the relevant security are visiting South Korea, they’re vis- needs to be articulated on the energy regulations to raise $1 million in $30,000 iting Colombia, they’re visiting Pan- plan is that if we can grow a domestic, units from private individuals was over ama, and they’re doing business. And

VerDate Mar 15 2010 04:03 Jun 24, 2011 Jkt 099060 PO 00000 Frm 00060 Fmt 7634 Sfmt 0634 E:\CR\FM\K23JN7.154 H23JNPT1 rfrederick on DSKD9S0YB1PROD with HOUSE June 23, 2011 CONGRESSIONAL RECORD — HOUSE H4523 the problem that we have, even if we for us. This is the greatest opportunity Everyone is tightening their belts in ultimately get these agreements that we will have to change the way this country but for the Federal Gov- passed—and I certainly hope we will— Washington works. ernment. we will have lost valuable time. It’s We talk a lot about the debt that we I would like to yield to the gentle- not like flipping a switch. When the are facing here in this country, $14 tril- lady from Washington. agreements are passed, everything is lion of debt. We have a debt ceiling, a Ms. HERRERA BEUTLER. You equal. We’re competing with Europe for vote that’s coming up here before long. know, it’s really interesting. There are the business of Colombia or Panama or We’ve almost maxed out the credit two different philosophies competing South Korea. It’s not that easy. cards. And there’s just no discussion, here. One is government does it best, Why? Because while we are sitting on no real fortitude to deal with the and the one you hear tonight is that the sidelines waiting for these deals to spending habits of Washington, D.C. the American people do it best. be passed, the Europeans and others Now, I can tell you that taxes and This last week in the Small Business around the world are developing rela- debt kill jobs, and if we want to get Committee, Treasury Secretary Tim tionships. They’re flying to these coun- people back to work, we need to tackle Geithner was there defending how tries. They’re meeting for lunch. both of those and address them in a slowly they have moved to make credit They’re touring their factories. meaningful way that will produce work available to small business. When I They’re exchanging business cards. for Americans. think about small business owners— They’re signing contracts, all while we I was in a Budget Committee meeting Steak Burger in Vancouver, you can sit idly by, waiting on the President to today, and it just is so surprising to me get a great steak burger there, steak do something. and it just shows the position of so sandwich—you know, these are small The President talked about doing many Washington politicians, that businesses that are hiring young peo- something on these deals last year. He they’re out of touch with reality. And ple, high schoolers, kids in college. And recognized that if we don’t do some- that when you have a $1.5 trillion def- as they are trying to keep some of thing, we’re going to lose the ability to icit, the quickest way for politicians in these part-time, minimum-wage kids compete. But what has he done? Noth- Washington is, well, let’s just raise in jobs, right, it’s making it harder for ing. Talk is cheap, Mr. President. We taxes. Well, if any taxes go up in this them when the Treasury Secretary be- are waiting on you to move these trade economy, it’s going to kill job cre- lieves that raising taxes is how we deals with Colombia, with South ation. meet the spending binge here. It’s just As my friend from Wisconsin was Korea, and with Panama. You want to ridiculous. It’s two fundamentally dif- talking earlier about the comparison do something that sends a signal to ferent beliefs. between Walmart and Kmart, he hit this country that you are serious about We here on the House floor tonight the nail on the head. You raise prices, job creation, Mr. President? Then get believe that Americans can grow jobs people are going to go somewhere else. those deals passed. Get those deals and manage their own money much And the solution to the Democrats passed. Get out of the way of our busi- better than the Treasury Secretary or here in Washington is, well, let’s just nesses and let them compete with Eu- than Washington, D.C. It’s just plain raise taxes to pay for the deficit that rope and other countries around the simple. world so that they can create jobs. we have. So, thank you. We’re ready in this House. We’re ready. Let me just give you a quick com- We will help you get them passed. Just parison—and I will end briefly here—is Mrs. ROBY. I yield to the gentleman join us, Mr. President. that if you are making about $2,000 a from Illinois. Mrs. ROBY. I thank the gentleman month but you are spending $3,500 a Mr. KINZINGER of Illinois. I want to from Arkansas. month, you are in a pretty deep hole. say, look, this is a great example of I would now like to yield to the gen- And every American knows it. We all freshmen that have come here from all tleman from Indiana. know that if you are spending $1,500 different backgrounds for the purpose Mr. STUTZMAN. I thank the gentle- more than what you are taking in a of saving our country, saving our woman. month, that’s a recipe for disaster and Union. And we’ve seen a great diverse It’s good to be with you all this bankruptcy. That’s where we are at in group here from different States, from evening and talking about the situa- Washington. The Federal Government different backgrounds, and it really is tion that we are currently in in our is spending $1,500 a month more in amazing. country. I will tell you, what a sober- comparison to what we’re taking in in I’ve got to just say, standing here, I ing moment, being first elected to a month. am inspired by what I am seeing for Washington and coming and finding Now, their solution is taxes. Their the future of America, and I really out about the budget situation that we solution is to increase the debt. Nei- think we are going to go some places. currently face. This is about our kids’ ther one of those is the right solution. and our grandkids’ futures. And I know I believe for us to get jobs back in our b 2040 for myself and for all of you that that economy and job creators who are is why you run for office, that is why working, whether it’s down at the I think we cannot be second-best you ran to come to Washington is to McDonald’s and it’s those who are anymore. I don’t think people have to address the challenges that we have going to be, you know, making the Big say that America is going to be second- here in Washington. Macs there at McDonald’s and pro- best. We can always stay best. It’s hard to comprehend the budg- viding a job for a high school kid or for Mrs. ROBY. And, again, at forums eting that has been taking place over a college kid, that’s what people are like this tonight, as I stated at the be- the past several years here in Wash- looking for. They are looking for con- ginning, Americans deserve the truth, ington, D.C. When we’re all back at fidence in this market. and the strongest truth comes directly home and we’re facing a tough econ- Ladies and gentlemen, it’s good to be from the mouths of Americans who are omy, we’re facing a job market that is with you this evening. I’m thrilled that feeling the pain in their homes and in not that strong, our friends and family, you are here and that you are spread- their businesses. we have people that we know person- ing the message of what needs to hap- I yield to the gentleman from Wis- ally that are out of work and are try- pen here in Washington. I look forward consin. ing to survive in a very fragile econ- to more discussion. Mr. DUFFY. I agree. Americans are omy, yet it seems like we come to Mrs. ROBY. Thank you. sick of being lied to. We’re going to Washington and we explain the situa- And as we move into a discussion level with the American people. tion back home and it continues to fall now, with the little bit of time we have We just had a joint economic hearing on deaf ears. It falls on deaf ears at the left, it’s like owning a business that a couple of days ago, and we learned White House. It falls on deaf ears on brings in $100,000 worth of profit, yet that it is 18 percent more expensive to the other side of the aisle. It falls on you owe the bank $400,000. That, again, manufacture in America as opposed to deaf ears in the Senate. And ladies and goes to the example that you made other countries, and that’s outside of gentlemen, I believe that this is a time about your household, our businesses. wages. That’s our Tax Code and our

VerDate Mar 15 2010 04:57 Jun 24, 2011 Jkt 099060 PO 00000 Frm 00061 Fmt 7634 Sfmt 0634 E:\CR\FM\K23JN7.156 H23JNPT1 rfrederick on DSKD9S0YB1PROD with HOUSE H4524 CONGRESSIONAL RECORD — HOUSE June 23, 2011 regulations. It’s more expensive to dent has tapped into that reserve. I Acquisition Amendments (DFARS Case 2011- manufacture in America. Those are the think that’s absolutely unacceptable D017) (RIN: 0750-AH16) received June 6, 2011, policies right here in Washington that for political purposes, especially, as we pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- mittee on Armed Services. are making it more expensive. That’s know, that real risks come up that can 2154. A letter from the Secretary, Depart- absolutely wrong. cause us a need for that energy supply. ment of Defense, transmitting notification I’ve got to tell you I had a chance to Mrs. ROBY. Thank you. that the President approved a new Unified listen to our colleagues on the Demo- I yield to the gentleman from Arkan- Command Plan; to the Committee on Armed crat side of the aisle go on about tax sas very quickly. Services. breaks for big oil companies. I don’t Mr. GRIFFIN of Arkansas. I would 2155. A letter from the Director, Defense Procurement and Acquisition Policy, De- know if anyone heard their great con- just like to say there have been a lot of partment of Defense, transmitting the De- versation about tax breaks for big oil topics covered tonight, from Medicare partment’s final rule — Defense Federal Ac- companies. to debt to energy. They all relate to quisition Regulation Supplement; Agency But I just got here in January. I’m a jobs. Whether we’re talking about re- Office of the Inspector General (DFARS Case freshman. I’m new to this, but I don’t ducing the regulatory burden, revising 2011-D006) (RIN:0750-AG97) received June 3, recall our passing any bills that had the Tax Code, passing trade agree- 2011, pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on Armed Services. tax breaks for oil companies. And they ments, working on energy development 2156. A letter from the Assistant Secretary, had control of this House for 4 years. and becoming more energy inde- Department of Defense, transmitting a pro- Where were their bills to deal with tax pendent, or paying down the debt, they posed change to the U.S. Army Reserve Fis- breaks for big oil companies? I never all relate to job creation and making cal Year 2009 National Guard and Reserve saw them. this a country where the private sector Equipment Appropriation procurement; to I hear this commentary that tries to can create jobs. the Committee on Armed Services. get people ginned up, and it takes our 2157. A letter from the Chief Counsel, De- Mrs. ROBY. Again, thank you to all partment of Homeland Security, transmit- eye off the ball, which is true job cre- of the freshmen who are here tonight ting the Department’s final rule — Suspen- ation and making us more competitive and the States you represent, the dis- sion of Community Eligibility [Docket ID: in a global economy. tricts you represent. We all are here to FEMA-2011-0002] [Internal Agency Docket Mrs. ROBY. And becoming less de- work for America and American jobs. No.: FEMA-8181] received June 7, 2011, pursu- pendent on Middle Eastern oil is all Thank you for your time, and I look ant to 5 U.S.C. 801(a)(1)(A); to the Committee about these very energy bills, that, on Financial Services. forward to doing this again soon. 2158. A letter from the Deputy to the again, we have shown consistent lead- f Chairman, Federal Deposit Insurance Cor- ership on just in the 6 months that poration, transmitting the Corporation’s we’ve been in the majority. LEAVE OF ABSENCE final rule — Securities of Nonmember In- I go to the gas pump. I pump gas in sured Banks (RIN: 3064-AD67) received June By unanimous consent, leave of ab- 7, 2011, pursuant to 5 U.S.C. 801(a)(1)(A); to my car. I know how much it costs. I’m sence was granted to: in the grocery store. I see the rising the Committee on Financial Services. Mr. BERG (at the request of Mr. CAN- 2159. A letter from the General Counsel, costs of food as it relates to these en- TOR) for today from 4 p.m. and for the Federal Housing Finance Agency, transmit- ergy costs. And yet again today we see balance of the week on account of ting the Agency’s final rule — Record Reten- the President dip into our oil reserves, flooding in his district. tion for Regulated Entities and Office of Fi- which should be for emergencies, yet nance (RIN: 2590-AA10) received June 7, 2011, Mrs. NAPOLITANO (at the request of we’re using it for politics at a time pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- Ms. PELOSI) for today and June 24. when this country must become less mittee on Financial Services. Mr. RANGEL (at the request of Ms. 2160. A letter from the Secretary, Depart- dependent on Middle Eastern oil. PELOSI) for today on account of official ment of Health and Human Services, trans- I yield to the gentleman from Colo- business. mitting the thirty-first annual report on the rado. implementation of the Age Discrimination Mr. GARDNER. I thank the gentle- f Act of 1975 by departments and agencies which administer programs of Federal finan- woman. ADJOURNMENT And what’s amazing about the argu- cial assistance, pursuant to 42 U.S.C. ment, today the President releases the Mrs. ROBY. Mr. Speaker, I move that 6106a(b); to the Committee on Education and oil from our emergency reserve. Yet the House do now adjourn. the Workforce. The motion was agreed to; accord- 2161. A letter from the Chief, Planning and yesterday on this very floor, a number Regulatory Affairs Branch, Department of of people were arguing that, no, we ingly (at 8 o’clock and 44 minutes Agriculture, transmitting the Department’s don’t need new expansions in produc- p.m.), the House adjourned until to- final rule — Direct Certification and Certifi- tion. We don’t need more oil being put morrow, Friday, June 24, 2011, at 9 a.m. cation of Homeless, Migrant and Runaway Children for Free School Meals [FNS-2008- online in this country because that f 0001] (RIN: 0584-AD60) received May 23, 2011, won’t lower the price of fuel. So yester- pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- day they were saying that more sup- EXECUTIVE COMMUNICATIONS, ETC. mittee on Education and the Workforce. plies won’t reduce the price of fuel, but 2162. A letter from the Secretary, Depart- today they’re saying release this stra- Under clause 2 of rule XIV, executive ment of Health and Human Services, trans- tegic petroleum reserve because it will communications were taken from the mitting the Department’s report on the reduce the price of fuel. A very con- Speaker’s table and referred as follows: Community Services Block Grant Report to fused argument. Congress for Fiscal Year 2008; to the Com- 2151. A letter from the Director, Defense mittee on Education and the Workforce. Mrs. ROBY. Very. Thank you so Procurement and Acquisition Policy, De- 2163. A letter from the Deputy Director for much. partment of Defense, transmitting the De- Policy, Pension Benefit Guaranty Corpora- Mr. DUFFY. Will the gentlewoman partment’s final rule — Defense Federal Ac- tion, transmitting the Corporation’s final yield? quisition Regulation Supplement (DFARS) rule — Benefits Payable in Terminated Sin- Mrs. ROBY. I yield to the gentleman (RIN: 0750-AG74) received June 7, 2011, pursu- gle-Employer Plans; Interest Assumptions from Wisconsin. ant to 5 U.S.C. 801(a)(1)(A); to the Committee for Paying Benefits received June 7, 2011, on Armed Services. Mr. DUFFY. And if you look at tap- pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- 2152. A letter from the Director, Defense mittee on Education and the Workforce. ping into these oil reserves, what does Procurement and Acquisition Policy, De- 2164. A letter from the Secretary, Depart- that do to endanger the security of this partment of Defense, transmitting the De- ment of Commerce, transmitting a six- country? As the gentlelady knows, in partment’s final rule — Defense Federal Ac- month report prepared by the Department of the South, whether it’s tornadoes or quisition Regulations Supplement (RIN: 0750- Commerce’s Bureau of Industry and Security whether it’s floods or whether it’s hur- AH23) received June 7, 2011, pursuant to 5 on the national emergency declared by Exec- ricanes, things happen in the gulf U.S.C. 801(a)(1)(A); to the Committee on utive Order 13222 of August 17, 2001, and con- where we would have to tap into the re- Armed Services. tinued through August 12, 2010 to deal with 2153. A letter from the Director, Defense the threat to the national security, foreign serve because our energy supply could Procurement and Acquisition Policy, De- policy, and economy of the United States be at risk. And here for political pur- partment of Defense, transmitting the De- caused by the lapse of the Export Adminis- poses to try to drive prices down over partment’s final rule — Defense Federal Ac- tration Act of 1979, pursuant to 50 U.S.C. the summer driving season, the Presi- quisition Regulation Supplement; Foreign 1641(c); to the Committee on Foreign Affairs.

VerDate Mar 15 2010 04:57 Jun 24, 2011 Jkt 099060 PO 00000 Frm 00062 Fmt 7634 Sfmt 0634 E:\CR\FM\K23JN7.158 H23JNPT1 rfrederick on DSKD9S0YB1PROD with HOUSE June 23, 2011 CONGRESSIONAL RECORD — HOUSE H4525 2165. A letter from the Secretary, Depart- ting a report pursuant to the Federal Vacan- NMFS, National Oceanic and Atmospheric ment of the Treasury, transmitting as re- cies Reform Act of 1998; to the Committee on Administration, transmitting the Adminis- quired by section 401(c) of the National Oversight and Government Reform. tration’s final rule — Fisheries of the North- Emergencies Act, 50 U.S.C. 1641(c), and sec- 2180. A letter from the Assistant Attorney eastern United States; Northeast Skate tion 204(c) of the International Emergency General, Department of Justice, transmit- Complex Fishery; Framework Adjustment 1 Economic Powers Act, 50 U.S.C. 1703(c), and ting a report pursuant to the Federal Vacan- [Docket No.: 110218142-1276-02] (RIN: 0648- pursuant to Executive Order 13313 of July 31, cies Reform Act of 1998; to the Committee on BA91) received June 7, 2011, pursuant to 5 2003, a six-month periodic report on the na- Oversight and Government Reform. U.S.C. 801(a)(1)(A); to the Committee on Nat- tional emergency with respect to the West- 2181. A letter from the Assistant Attorney ural Resources. ern Balkans that was declared in Executive General, Department of Justice, transmit- 2191. A letter from the Deputy Assistant Order 13219 of June 26, 2001, pursuant to 50 ting a report pursuant to the Federal Vacan- Administrator for Regulatory Programs, U.S.C. 1641(c); to the Committee on Foreign cies Reform Act of 1998; to the Committee on NMFS, National Oceanic and Atmospheric Affairs. Oversight and Government Reform. Administration, transmitting the Adminis- 2166. A letter from the Acting Assistant 2182. A letter from the Senior Vice Presi- tration’s final rule — Magnuson-Stevens Act Secretary, Legislative Affairs, Department dent and Chief Financial Officer, Federal Provisions; Fisheries Off West Coast States; of State, transmitting pursuant to section Home Loan Bank of New York, transmitting Pacific Coast Groundfish Fishery; Biennial 3(d) of the Arms Export Control Act, as the 2010 management report of the Federal Specifications and Management Measures amended, certification regarding the pro- Home Loan Bank of New York, pursuant to [Docket No.: 100804324-1265-02] (RIN: 0648- posed transfer of major defense equipment 31 U.S.C. 9106; to the Committee on Over- BA01) received June 7, 2011, pursuant to 5 (Transmittal No. RSAT-10-2253); to the Com- sight and Government Reform. U.S.C. 801(a)(1)(A); to the Committee on Nat- mittee on Foreign Affairs. 2183. A letter from the Chairman, Federal ural Resources. 2167. A letter from the Secretary, Depart- Maritime Commission, transmitting the 2192. A letter from the Asssitant Attorney ment of Health and Human Services, trans- Commission’s semiannual report from the of- General, Department of Justice, transmit- mitting the semiannual report on the activi- fice of the Inspector General for the period ting the Department’s report detailing ac- ties of the Office of Inspector General for the October 1, 2010 through March 31, 2011, pursu- tivities under the Civil Rights of Institu- period ending March 31, 2011, pursuant to 5 ant to 5 U.S.C. app. (Insp. Gen. Act) section tionalized Persons Act during Fiscal Year U.S.C. app. (Insp. Gen. Act) section 5(b); to 8G(h)(2); to the Committee on Oversight and 2010, pursuant to 42 U.S.C. 1997f; to the Com- the Committee on Oversight and Govern- Government Reform. mittee on the Judiciary. ment Reform. 2184. A letter from the General Counsel, 2168. A letter from the Federal Co-Chair, Federal Retirement Thrift Investment f Appalachian Regional Commission, trans- Board, transmitting the Board’s final rule — mitting the Commission’s semiannual report REPORTS ON COMMITTEES ON Court Orders and Legal Processes Affecting PUBLIC BILLS AND RESOLUTIONS from the office of the Inspector General for Thrift Savings Plan Accounts received June the period October 1, 2010 through March 31, 6, 2011, pursuant to 5 U.S.C. 801(a)(1)(A); to Under clause 2 of rule XIII, reports of 2011, pursuant to Section 5(b) of the Inspec- the Committee on Oversight and Govern- committees were delivered to the Clerk tor General Act of 1978; to the Committee on ment Reform. for printing and reference to the proper Oversight and Government Reform. 2185. A letter from the President, Inter- calendar, as follows: 2169. A letter from the Assistant Attorney American Foundation, transmitting the General, Department of Justice, transmit- Foundation’s annual report for FY 2010 pre- Mr. WOODALL: Committee on Rules. ting a report pursuant to the Federal Vacan- pared in accordance with Title II of the Noti- House Resolution 328. Resolution providing cies Reform Act of 1998; to the Committee on fication and Federal Employee Antidiscrimi- for consideration of the joint resolution (H.J. Oversight and Government Reform. nation and Retaliation Act of 2002 (No FEAR Res 68) authorizing the limited use of the 2170. A letter from the Assistant Attorney Act), Public Law 107-174; to the Committee United States Armed Forces in support of General, Department of Justice, transmit- on Oversight and Government Reform. the NATO mission in Libya; and providing ting a report pursuant to the Federal Vacan- 2186. A letter from the Director, Office of for consideration of the bill (H.R. 2278) to cies Reform Act of 1998; to the Committee on Personnel Management, transmitting the Of- limit the use of funds appropriated to the Oversight and Government Reform. fice’s semiannual report from the office of Department of Defense for United States 2171. A letter from the Assistant Attorney the Inspector General and the Management Armed Forces in support of North Atlantic General, Department of Justice, transmit- Response for the period October 1, 2010 Treaty Organization Operation Unified Pro- ting a report pursuant to the Federal Vacan- through March 31, 2011, pursuant to 5 U.S.C. tector with respect to Libya, unless other- cies Reform Act of 1998; to the Committee on app. (Insp. Gen. Act) section 5(b); to the wise specifically authorized by law (Rept. Oversight and Government Reform. Committee on Oversight and Government 112–114). Referred to the House Calendar. 2172. A letter from the Assistant Attorney Reform. Mr. ISSA: Committee on Oversight and General, Department of Justice, transmit- 2187. A letter from the Acting Director, Of- Government Reform. H.R. 828. A bill to ting a report pursuant to the Federal Vacan- fice of Sustainable Fisheries, NMFS, Na- amend title 5, United States Code, to provide cies Reform Act of 1998; to the Committee on tional Oceanic and Atmospheric Administra- that persons having seriously delinquent tax Oversight and Government Reform. debts shall be ineligible for Federal employ- 2173. A letter from the Assistant Attorney tion, transmitting the Administration’s final rule — Fisheries of the Northeastern United ment; with an amendment (Rept. 112–115). General, Department of Justice, transmit- Referred to the Committee of the Whole ting a report pursuant to the Federal Vacan- States; Summer Flounder Fishery; Quota Transfer [Docket No.: 101029427-0609-02] (RIN: House on the State of the Union. cies Reform Act of 1998; to the Committee on Mr. ISSA: Committee on Oversight and Oversight and Government Reform. 0648-XA403) received June 7, 2011, pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on Government Reform. H.R. 1470. A bill to 2174. A letter from the Assistant Attorney amend title 5, United States Code, to extend General, Department of Justice, transmit- Natural Resources. 2188. A letter from the Deputy Assistant the probationary period applicable to ap- ting a report pursuant to the Federal Vacan- pointments in the civil service, and for other cies Reform Act of 1998; to the Committee on Administrator for Operations, NMFS, Na- tional Oceanic and Atmospheric Administra- purposes; with an amendment (Rept. 112–116). Oversight and Government Reform. Referred to the Committee of the Whole 2175. A letter from the Assistant Attorney tion, transmitting the Administration’s final House on the State of the Union. General, Department of Justice, transmit- rule — Fisheries of the Caribbean, Gulf of Mr. SMITH of Texas: Committee on the Ju- ting a report pursuant to the Federal Vacan- Mexico, and South Atlantic; Reef Fish Fish- diciary. House Joint Resolution 1. Resolu- cies Reform Act of 1998; to the Committee on ery of the Gulf of Mexico; Red Snapper Man- tion proposing a balanced budget amend- Oversight and Government Reform. agement Measures [Docket No.: 110207101- 2176. A letter from the Assistant Attorney 1257-02] (RIN: 0648-BA54) received June 7, ment to the Constitution of the United General, Department of Justice, transmit- 2011, pursuant to 5 U.S.C. 801(a)(1)(A); to the States; with an amendment (Rept. 112–117). ting a report pursuant to the Federal Vacan- Committee on Natural Resources. Referred to the House Calendar. cies Reform Act of 1998; to the Committee on 2189. A letter from the Deputy Assistant f Oversight and Government Reform. Administrator for Regulatory Programs, 2177. A letter from the Assistant Attorney NMFS, National Oceanic and Atmospheric PUBLIC BILLS AND RESOLUTIONS General, Department of Justice, transmit- Administration, transmitting the Adminis- Under clause 2 of rule XII, public ting a report pursuant to the Federal Vacan- tration’s final rule — Magnuson-Stevens Act bills and resolutions of the following Provisions; Fisheries Off West Coast States; cies Reform Act of 1998; to the Committee on titles were introduced and severally re- Oversight and Government Reform. Pacific Coast Groundfish Fishery; Biennial 2178. A letter from the Assistant Attorney Specifications and Management Measures ferred, as follows: General, Department of Justice, transmit- [Docket No.: 110311192-1279-02] (RIN: 0648- By Ms. HAYWORTH: ting a report pursuant to the Federal Vacan- BA01 and 0648-BA95) received June 7, 2011, H.R. 2305. A bill to amend title 38, United cies Reform Act of 1998; to the Committee on pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- States Code, to make memorial headstones Oversight and Government Reform. mittee on Natural Resources. and markers available for purchase on behalf 2179. A letter from the Assistant Attorney 2190. A letter from the Deputy Assistant of members of reserve components who per- General, Department of Justice, transmit- Administrator for Regulatory Programs, formed inactive duty training or active duty

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for training but did not serve on active duty; excise tax on investment income of private Mr. BONNER, Ms. HAYWORTH, Mr. to the Committee on Veterans’ Affairs. foundations; to the Committee on Ways and FORBES, Mr. CROWLEY, Mr. FORTEN- By Mr. FRANK of Massachusetts (for Means. BERRY, Mr. CONAWAY, Mr. CARTER, himself, Mr. PAUL, Mr. CONYERS, Ms. By Mr. JONES (for himself and Mr. Mr. FARENTHOLD, Mr. TIPTON, Mr. LEE of California, Mr. POLIS, and Mr. KISSELL): BUCHANAN, Mr. BURGESS, and Mr. COHEN): H.R. 2312. A bill to amend title 10, United NEUGEBAUER): H.R. 2306. A bill to limit the application of States Code, to provide a special rule with H.R. 2318. A bill to amend title 38, United Federal laws to the distribution and con- respect to purchases by the Department of States Code, to authorize the Secretary of sumption of marihuana, and for other pur- Defense of textile and apparel products of Veterans Affairs to increase the amount of poses; to the Committee on Energy and Com- Federal Prison Industries; to the Committee the Medal of Honor special pension provided merce, and in addition to the Committee on on Armed Services. under that title by up to $500; to the Com- the Judiciary, for a period to be subse- By Mrs. MCMORRIS RODGERS (for mittee on Veterans’ Affairs. quently determined by the Speaker, in each herself, Mr. DUNCAN of Tennessee, By Mr. BRADY of Texas: case for consideration of such provisions as Mrs. BLACKBURN, Mr. GOWDY, Mr. H.R. 2319. A bill to cap noninterest Federal fall within the jurisdiction of the committee CHAFFETZ, Mr. LATTA, Mr. HARRIS, spending as a percentage of full employment concerned. Mr. KINGSTON, Mr. NEUGEBAUER, Mr. GDP, to require that budgets and budget res- By Mr. HERGER (for himself, Mr. HASTINGS of Washington, Mr. SIMP- olutions adhere to these caps, to enforce CROWLEY, Mr. SAM JOHNSON of Texas, SON, Mrs. HARTZLER, Mr. COFFMAN of these caps, to increase financial trans- Mr. STARK, Mr. NUNES, Mr. BLU- Colorado, Mr. JONES, Mr. REHBERG, parency for mandatory programs, to provide MENAUER, Mr. FLAKE, Mr. COSTA, Mrs. and Mr. LONG): for a line-item adjustment, to require the BONO MACK, Mr. LARSEN of Wash- H.R. 2313. A bill to repeal the authority to parings of significant spending increases and ington, Mr. GOODLATTE, Mr. MATHE- provide certain loans to the International adjustments to the debt ceiling, and to pro- SON, Mr. LANCE, Mr. WELCH, and Mr. Monetary Fund, the increase in the United vide for a Federal Sunset commission to as- WOMACK): States quota in that Fund, and certain other sist Congress in eliminating Federal agen- H.R. 2307. A bill to repeal the tax credits authorities, and to rescind related appropria- cies and programs that no longer serve a for ethanol blenders, to repeal the tariff on tions; to the Committee on Financial Serv- public need or reforming those that are inef- imported ethanol, and for other purposes; to ices, and in addition to the Committee on ficient or ineffective in serving a public the Committee on Ways and Means. Appropriations, for a period to be subse- need, and for other purposes; to the Com- By Mr. GARRETT (for himself, Mr. quently determined by the Speaker, in each mittee on the Budget, and in addition to the BACHUS, Mr. HENSARLING, Mr. NEUGE- case for consideration of such provisions as Committees on Rules, Ways and Means, Ap- BAUER, Mr. JONES, Mr. MCHENRY, Mr. fall within the jurisdiction of the committee propriations, and Oversight and Government CONAWAY, Mr. KING of New York, Mr. concerned. Reform, for a period to be subsequently de- CAMPBELL, Mr. SCHWEIKERT, Mr. By Mr. DAVIS of Kentucky (for himself termined by the Speaker, in each case for STIVERS, Mr. DOLD, Mr. MANZULLO, and Mr. TIERNEY): consideration of such provisions as fall with- Mr. HURT, Mr. CANSECO, and Mr. H.R. 2314. A bill to increase the efficiency in the jurisdiction of the committee con- YODER): and effectiveness of the Government by pro- cerned. H.R. 2308. A bill to improve the consider- viding for greater interagency experience ation by the Securities and Exchange Com- By Mr. YOUNG of Alaska: among national security and homeland secu- mission of the costs and benefits of its regu- H.R. 2320. A bill to amend the Internal Rev- rity personnel through the development of a lations and orders; to the Committee on Fi- enue Code of 1986 to permanently extend ex- national security and homeland security nancial Services. isting elective tax treatment for Alaska Na- human capital strategy and interagency ro- By Mr. ISSA (for himself and Mr. ROSS tive Settlement Trusts; to the Committee on tational service by employees, and for other of Florida): Ways and Means. H.R. 2309. A bill to restore the financial purposes; to the Committee on Oversight and By Mr. BACHUS (for himself, Ms. SE- solvency of the United States Postal Service Government Reform, and in addition to the WELL, Mr. BROOKS, Mr. BONNER, Mr. and to ensure the efficient and affordable na- Committees on Armed Services, Homeland ROGERS of Alabama, Mr. LONG, Mr. tionwide delivery of mail; to the Committee Security, Foreign Affairs, and Intelligence ROSS of Arkansas, Mr. HARPER, Mr. on Oversight and Government Reform, and (Permanent Select), for a period to be subse- JONES, Mr. WESTMORELAND, Mr. in addition to the Committee on Rules, for a quently determined by the Speaker, in each PALAZZO, Mr. DUNCAN of Tennessee, period to be subsequently determined by the case for consideration of such provisions as Mr. CARNAHAN, Mrs. ROBY, Mr. CLAY, Speaker, in each case for consideration of fall within the jurisdiction of the committee Mr. AUSTIN SCOTT of Georgia, Mr. such provisions as fall within the jurisdic- concerned. WOMACK, Mr. CRAWFORD, Mr. ROE of tion of the committee concerned. By Mr. POLIS (for himself, Ms. Tennessee, Mrs. HARTZLER, Mr. By Ms. SPEIER (for herself, Ms. BALD- DELAURO, Mr. MORAN, Ms. NORTON, LUCAS, Mr. COLE, Mr. FINCHER, Mr. WIN, Mr. ROTHMAN of New Jersey, Mr. Ms. MOORE, Mr. OLVER, Ms. GRIFFIN of Arkansas, Mr. GUTHRIE, HONDA, Mr. MORAN, Ms. CASTOR of SCHWARTZ, Ms. CLARKE of New York, Mr. DESJARLAIS, and Mr. NUNNELEE): Florida, Mr. BLUMENAUER, Mr. Mrs. CAPPS, Mr. ELLISON, Ms. BROWN H.R. 2321. A bill to provide temporary tax TOWNS, Mr. MCGOVERN, Mr. ACKER- of Florida, Mr. NADLER, Mr. HINCHEY, relief for areas damaged by 2011 South- MAN, Mr. BRADY of Pennsylvania, Ms. Ms. DEGETTE, Ms. FUDGE, Ms. RICH- eastern severe storms, tornados, and flood- BERKLEY, Mr. GEORGE MILLER of Cali- ARDSON, Mr. BLUMENAUER, Mr. WU, ing, and for other purposes; to the Com- fornia, Mr. ISRAEL, Mr. FRANK of Ms. PINGREE of Maine, and Mr. mittee on Ways and Means, and in addition Massachusetts, Ms. CHU, Mr. HIGGINS, SERRANO): to the Committee on Appropriations, for a Mr. HINCHEY, Ms. PINGREE of Maine, H.R. 2315. A bill to promote the economic period to be subsequently determined by the Ms. MOORE, Mr. POLIS, Mr. PALLONE, self-sufficiency of low-income women Speaker, in each case for consideration of Mr. RYAN of Ohio, Mr. DEUTCH, Mrs. through their increased participation in such provisions as fall within the jurisdic- MALONEY, Ms. BROWN of Florida, Mr. high-wage, high-demand occupations where tion of the committee concerned. ENGEL, Mr. CICILLINE, Ms. NORTON, they currently represent 25 percent or less of By Mr. BENISHEK (for himself and Mr. Mr. BERMAN, Mr. SHERMAN, Mr. CON- the workforce; to the Committee on Edu- KILDEE): YERS, Mr. MICHAUD, Mrs. CAPPS, Mr. cation and the Workforce. H.R. 2322. A bill to reaffirm and clarify the SERRANO, Ms. RICHARDSON, Mr. By Mr. SCOTT of Virginia (for himself, Federal relationship of the Burt Lake Band OLVER, Ms. LORETTA SANCHEZ of Cali- Mr. PAUL, Mr. CONYERS, Mr. BART- as a distinct federally recognized Indian fornia, Mr. STARK, Ms. ZOE LOFGREN LETT, Mr. HASTINGS of Florida, and Tribe, and for other purposes; to the Com- of California, Mr. LANGEVIN, Mr. Mr. ELLISON): mittee on Natural Resources. HANNA, Mr. GRIJALVA, Mr. GUTIER- H.R. 2316. A bill to apply reduced sentences By Mrs. CAPITO: REZ, Mr. CAPUANO, Ms. LEE of Cali- for certain cocaine base offenses retro- H.R. 2323. A bill to amend title 23, United fornia, Mr. NADLER, and Mr. HOLT): actively for certain offenders, and for other States Code, to permit the State of West Vir- H.R. 2310. A bill to provide for equal access purposes; to the Committee on the Judici- ginia to allow the operation of certain vehi- to COBRA continuation coverage; to the ary. cles for the hauling of coal and coal by-prod- Committee on Education and the Workforce, By Mr. WU (for himself and Ms. EDDIE ucts on Interstate Route 77 in Kanawha and in addition to the Committees on Energy BERNICE JOHNSON of Texas): County, West Virginia; to the Committee on and Commerce, and Ways and Means, for a H.R. 2317. A bill to promote green transpor- Transportation and Infrastructure. period to be subsequently determined by the tation infrastructure through research and By Mrs. CAPITO (for herself, Mr. Speaker, in each case for consideration of development, and for other purposes; to the SHULER, and Mr. SARBANES): such provisions as fall within the jurisdic- Committee on Science, Space, and Tech- H.R. 2324. A bill to prevent drunk driving tion of the committee concerned. nology. injuries and fatalities, and for other pur- By Mr. PAULSEN (for himself and Mr. By Mr. SESSIONS (for himself, Mr. poses; to the Committee on Transportation DAVIS of Illinois): WEST, Mr. MACK, Mr. STUTZMAN, Mr. and Infrastructure. H.R. 2311. A bill to amend the Internal Rev- MARCHANT, Mr. JONES, Mr. GRIFFITH By Mr. CARNEY (for himself, Mr. enue Code of 1986 to modify the tax rate for of Virginia, Mr. YOUNG of Florida, LOBIONDO, Mr. HOLT, Mr. HINCHEY,

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Mr. FITZPATRICK, Mr. DENT, Mr. RUN- H.R. 2332. A bill to amend the Public House of Representatives, the Lobbying Dis- YAN, Mr. ANDREWS, Ms. SCHWARTZ, Health Service Act to establish a program of closure Act of 1995, and the Federal Funding and Mr. MEEHAN): research regarding the risks posed by the Accountability and Transparency Act of 2006 H.R. 2325. A bill to direct the Secretary of presence of dioxin, synthetic fibers, and to improve access to information in the leg- the Interior to establish a program to build other additives in feminine hygiene prod- islative and executive branches of the Gov- on and help coordinate funding for restora- ucts, and to establish a program for the col- ernment, and for other purposes; to the Com- tion and protection efforts of the 4-State lection and analysis of data on toxic shock mittee on Oversight and Government Re- Delaware River Basin region, and for other syndrome; to the Committee on Energy and form, and in addition to the Committees on purposes; to the Committee on Natural Re- Commerce. Rules, House Administration, the Judiciary, sources, and in addition to the Committee on By Mrs. MCCARTHY of New York: and Ethics, for a period to be subsequently Transportation and Infrastructure, for a pe- H.R. 2333. A bill to enhance safety of indi- determined by the Speaker, in each case for riod to be subsequently determined by the viduals by banning the use of hand-held mo- consideration of such provisions as fall with- Speaker, in each case for consideration of bile devices while driving, and for other pur- in the jurisdiction of the committee con- such provisions as fall within the jurisdic- poses; to the Committee on Transportation cerned. tion of the committee concerned. and Infrastructure. By Ms. LINDA T. SA´ NCHEZ of Cali- By Mrs. DAVIS of California (for her- By Mr. MORAN (for himself, Ms. BERK- fornia (for herself, Mr. BRALEY of self and Mr. HOLT): LEY, Mr. HASTINGS of Florida, and Iowa, Ms. DELAURO, Ms. EDWARDS, H.R. 2326. A bill to amend the Elementary Mr. WOLF): Mr. FILNER, Mr. GRIJALVA, Mr. and Secondary Education Act of 1965 to es- H.R. 2334. A bill to amend the Public GUTIERREZ, Mr. HASTINGS of Florida, tablish the National Education Innovation Health Service Act to specifically include, in Mr. HONDA, Mr. KILDEE, Mr. LAN- Network and the National Innovation Corps; programs of the Substance Abuse and Mental GEVIN, Mr. MCGOVERN, Mr. MICHAUD, to the Committee on Education and the Health Services Administration, programs to Ms. MOORE, Mr. PASCRELL, Mr. PERL- Workforce. research, prevent, and treat the harmful con- MUTTER, Ms. PINGREE of Maine, Ms. By Mr. GINGREY of Georgia (for him- sequences of pathological and other problem RICHARDSON, Ms. ROYBAL-ALLARD, self, Mr. KING of Iowa, Mr. BROUN of gambling, and for other purposes; to the Ms. SCHAKOWSKY, Ms. SUTTON, and Georgia, Mr. WESTMORELAND, Mr. Committee on Energy and Commerce. Mr. WU): CULBERSON, Mr. THOMPSON of Penn- By Mrs. NOEM (for herself, Mr. KLINE, H.R. 2341. A bill to amend the Fair Labor sylvania, Mr. JONES, Mrs. BONO Mr. LEWIS of California, Mr. COLE, Standards Act with regard to certain exemp- MACK, Mr. BARTLETT, Mr. MACK, and Mr. PAUL, and Mr. MCCLINTOCK): tions under that Act for direct care workers Mr. BILBRAY): H.R. 2335. A bill to clarify the rights of In- and to improve the systems for the collec- H.R. 2327. A bill to amend the Internal Rev- dians and Indian tribes on Indian lands under tion and reporting of data relating to the di- enue Code of 1986 to exclude from gross in- the National Labor Relations Act; to the rect care workforce, and for other purposes; come gain from the conversion of property Committee on Education and the Workforce. to the Committee on Energy and Commerce, by reason of eminent domain; to the Com- By Ms. PINGREE of Maine (for herself and in addition to the Committee on Edu- mittee on Ways and Means. and Mr. MICHAUD): cation and the Workforce, for a period to be By Mr. HINCHEY (for himself, Mr. H.R. 2336. A bill to amend the Wild and subsequently determined by the Speaker, in WELCH, Mr. DEFAZIO, Mr. GRIJALVA, Scenic Rivers Act to designate segments of each case for consideration of such provi- Mr. OLVER, and Mr. STARK): the York River and associated tributaries for sions as fall within the jurisdiction of the H.R. 2328. A bill to require the Chairman of study for potential inclusion in the National committee concerned. the Commodity Futures Trading Commission Wild and Scenic Rivers System; to the Com- By Mr. SCOTT of Virginia (for himself to impose unilaterally position limits and mittee on Natural Resources. and Mr. CUMMINGS): margin requirements to eliminate excessive By Mr. POE of Texas (for himself, Mr. H.R. 2342. A bill to establish and operate a oil speculation, and to take other actions to BERMAN, Ms. ROS-LEHTINEN, Mr. National Center for Campus Public Safety; ensure that the price of crude oil, gasoline, COSTA, Mr. FARR, Ms. TSONGAS, Mr. to the Committee on the Judiciary. diesel fuel, jet fuel, and heating oil accu- ROHRABACHER, Mr. CONNOLLY of Vir- By Mr. SCOTT of Virginia (for himself rately reflects the fundamentals of supply ginia, Mr. FALEOMAVAEGA, Ms. and Mr. CONYERS): and demand, to remain in effect until the BUERKLE, Ms. WILSON of Florida, Mr. H.R. 2343. A bill to amend title 18, United date on which the Commission establishes DOGGETT, Mr. CAPUANO, and Ms. States Code, to award credit toward the serv- position limits to diminish, eliminate, or SPEIER): ice of a sentence to prisoners who participate prevent excessive speculation as required by H.R. 2337. A bill to amend the Peace Corps in designated educational, vocational, treat- title VII of the Dodd-Frank Wall Street Re- Act to require sexual assault risk-reduction ment, assigned work, or other developmental form and Consumer Protection Act, and for and response training, the development of programs, and for other purposes; to the other purposes; to the Committee on Agri- sexual assault protocol and guidelines, the Committee on the Judiciary. culture. establishment of victims advocates, the es- By Mr. SCOTT of Virginia (for himself By Mr. JOHNSON of Ohio (for himself, tablishment of a Sexual Assault Advisory and Mr. CONYERS): Mr. BASS of New Hampshire, Mr. Council, and for other purposes; to the Com- H.R. 2344. A bill to amend title 18, United LATOURETTE, Mr. UPTON, Mrs. EMER- mittee on Foreign Affairs. States Code, with respect to the good time SON, Mr. COBLE, Mr. PITTS, Mrs. By Mr. POSEY (for himself, Mr. MIL- credit toward service of sentences of impris- SCHMIDT, and Mr. BROOKS): LER of Florida, Mr. SOUTHERLAND, onment; to the Committee on the Judiciary. H.R. 2329. A bill to amend the Ms. BROWN of Florida, Mr. CRENSHAW, By Mr. STUTZMAN: Servicemembers Civil Relief Act to provide Mr. NUGENT, Mr. STEARNS, Mr. MICA, H.R. 2345. A bill to amend title 38, United for certain requirements for financial insti- Mr. WEBSTER, Mr. BILIRAKIS, Mr. States Code, to extend the authorization of tutions that are creditors for obligations and YOUNG of Florida, Ms. CASTOR of appropriations for the Secretary of Veterans liabilities covered by that Act; to the Com- Florida, Mr. ROSS of Florida, Mr. Affairs to pay a monthly assistance allow- mittee on Veterans’ Affairs. BUCHANAN, Mr. MACK, Mr. ROONEY, ance to disabled veterans training or com- By Mr. LOEBSACK: Ms. WILSON of Florida, Ms. ROS- peting for the Paralympic Team and the au- H.R. 2330. A bill to establish a National LEHTINEN, Mr. DEUTCH, Ms. thorization of appropriations for the Sec- Flood Research and Education Consortium WASSERMAN SCHULTZ, Mr. DIAZ- retary of Veterans Affairs to provide assist- to plan, coordinate, conduct, and share re- BALART, Mr. WEST, Mr. HASTINGS of ance to United States Paralympics, Inc; to search on flooding, flood prevention, and Florida, Mrs. ADAMS, and Mr. RI- the Committee on Veterans’ Affairs. other flood-related issues, and for other pur- VERA): By Ms. WOOLSEY (for herself, Mr. poses; to the Committee on Science, Space, H.R. 2338. A bill to designate the facility of STARK, Mrs. MALONEY, Ms. DELAURO, and Technology, and in addition to the Com- the United States Postal Service located at Mr. GEORGE MILLER of California, Ms. mittee on Transportation and Infrastruc- 600 Florida Avenue in Cocoa, Florida, as the SCHAKOWSKY, Mr. DAVIS of Illinois, ture, for a period to be subsequently deter- ‘‘Harry T. and Harriette Moore Post Office’’; Ms. LEE of California, Mr. CONYERS, mined by the Speaker, in each case for con- to the Committee on Oversight and Govern- Ms. WATERS, Mr. OLVER, Ms. HIRONO, sideration of such provisions as fall within ment Reform. Mr. HASTINGS of Florida, Mr. BRADY the jurisdiction of the committee concerned. By Mr. QUIGLEY (for himself and Mr. of Pennsylvania, Mr. FILNER, Ms. By Mrs. MALONEY (for herself, Mr. POLIS): MOORE, Mr. PAYNE, Mr. JACKSON of Il- STARK, and Ms. HIRONO): H.R. 2339. A bill to create a Lobbying Dis- linois, Mr. RUSH, Mr. MCDERMOTT, H.R. 2331. A bill to assist States in making closure Act Task Force, and to make certain Ms. CHU, Mr. ELLISON, Mr. HINCHEY, voluntary high quality universal prekinder- modifications to the Lobbying Disclosure Mr. GRIJALVA, Ms. BROWN of Florida, garten programs available to 3- to 5-year- Act of 1995; to the Committee on the Judici- Mr. HONDA, Ms. NORTON, Ms. FUDGE, olds for at least 1 year preceding kinder- ary. and Mr. SERRANO): garten; to the Committee on Education and By Mr. QUIGLEY (for himself and Ms. H.R. 2346. A bill to improve the lives of the Workforce. SPEIER): working families by providing family and By Mrs. MALONEY (for herself, Mr. H.R. 2340. A bill to amend the Ethics in medical need assistance, child care assist- FARR, and Mr. CONYERS): Government Act of 1978, the Rules of the ance, in-school and afterschool assistance,

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Congress has the power to enact this legis- by the Speaker, in each case for consider- Congress has the power to enact this legislation pursuant to the following: ation of such provisions as fall within the ju- lation pursuant to the following: Article 1, Section 8 risdiction of the committee concerned. Article I, Section 8, Clauses 1 (‘‘The Con- By Mr. BRADY of Texas: By Mr. YOUNG of Alaska: gress shall have Power To lay and collect H.R. 2319. H.R. 2347. A bill to authorize the Secretary Taxes, Duties, Imposts and Excises, to pay Congress has the power to enact this legis- of the Interior to convey a railroad right of the Debts and provide for the common De- lation pursuant to the following: way between North Pole, Alaska, and Delta fense and general Welfare of the United The constitutional authority on which this Junction, Alaska, to the Alaska Railroad States; but all Duties, Imposts and Excises bill rests is enumerated in: (1) Article I, Sec- Corporation; to the Committee on Natural shall be uniform throughout the United tion 5, Clause 2 of the United States Con- Resources. States’’), 3 (‘‘To regulate Commerce with for- stitution; (2) Article I, Section 8, Clauses 1– By Mr. GOODLATTE (for himself, Mr. eign Nations, and among the several States, 2, 14 of the United States Constitution; and WOLF, Mr. MORAN, Mr. WITTMAN, Mr. and with the Indian Tribes’’), and 18 (‘‘To (3) Article I, Section 9, Clause 7 of the United SCOTT of Virginia, and Mr. CONNOLLY make all Laws which shall be necessary and States Constitution. of Virginia): proper for carrying into-Execution the fore- By Mr. YOUNG of Alaska: H. Con. Res. 62. Concurrent resolution to going Powers, and all other Powers vested by H.R. 2320. commemorate the 75th anniversary of the this Constitution in the Government of the Congress has the power to enact this legis- dedication of Shenandoah National Park; to United States, or in any Department or Offi- lation pursuant to the following: the Committee on Natural Resources. cer thereof’’). Article 1, Section 8, Clause 3 and Article 1, By Mr. MCGOVERN (for himself, Mr. By Mr. ISSA: Section 8, Clause 1. H.R. 2309. HASTINGS of Florida, Mr. WOLF, Mr. By Mr. BACHUS: Congress has the power to enact this legis- PITTS, and Mrs. MYRICK): H.R. 2321. H. Res. 327. A resolution expressing the lation pursuant to the following: Congress has the power to enact this legis- Article 1, Section 8, Clause 7, which em- sense of the House of Representatives that lation pursuant to the following: powers Congress ‘‘To establish Post Offices the trial and subsequent convictions of Mi- This bill is enacted pursuant to the power and post Roads khail Khodorkovsky and Platon Lebedev by granted to Congress under Article I, Section By Ms. SPEIER: the Government of the Russian Federation 8 of the United States Constitution. H.R. 2310. By Mr. BENISHEK: constitute a politically motivated case of se- Congress has the power to enact this legis- lective arrest and prosecution which put in H.R. 2322. lation pursuant to the following: Congress has the power to enact this legis- serious doubt the rule of law and the inde- This bill is enacted pursuant to the power pendence of Russia’s judicial system; to the lation pursuant to the following: granted to Congress under Article 1, Section Article I Section 8 Clause 3 of the Con- Committee on Foreign Affairs. 8 of the United States Constitution. By Mr. GINGREY of Georgia (for him- stitution By Mr. PAULSEN: By Mrs. CAPITO: self, Mr. KING of Iowa, Mr. BROUN of H.R. 2311. Georgia, Mr. WESTMORELAND, Mr. H.R. 2323. Congress has the power to enact this legis- Congress has the power to enact this legis- CULBERSON, Mr. THOMPSON of Penn- lation pursuant to the following: lation pursuant to the following: sylvania, Mr. JONES, Mrs. BONO Article 1 Section 8 Clause 1. Article I, section 8, cl 1 of the United MACK, Mr. BARTLETT, Mr. MACK, and By Mr. JONES: States Constitution. Mr. WEBSTER): H.R. 2312. By Mrs. CAPITO: H. Res. 329. A resolution expressing support Congress has the power to enact this legis- H.R. 2324. for the private property rights protections lation pursuant to the following: Congress has the power to enact this legis- guaranteed by the 5th Amendment to the Article I, Section 8 of the Constitution pro- lation pursuant to the following: Constitution on the 6th anniversary of the vides that Congress shall have the power ‘‘to Article I, section 8, cl 1 of the United Supreme Court’s decision of Kelo v. City of raise and support Armies’’ and ‘‘to provide States Constitution. New London; to the Committee on the Judi- for organizing, arming, and disciplining the By Mr. CARNEY: ciary. Militia’’. H.R. 2325. By Mr. PETERS: By Mrs. MCMORRIS RODGERS: Congress has the power to enact this legis- H. Res. 330. A resolution amending the H.R. 2313. Rules of the House of Representatives to re- Congress has the power to enact this legislation pursuant to the following: quire that legislation and conference reports lation pursuant to the following: Article I, section 8 and Article IV, section be available on the Internet for 72 hours be- This bill is enacted pursuant to Congress’ 3 of the Constitution of the United States. fore consideration by the House, and for legislative powers under Article I, Section 9, By Mrs. DAVIS of California: H.R. 2326. other purposes; to the Committee on Rules. that no money shall be drawn from the Congress has the power to enact this legis- f Treasury but in consequence of Appropria- tions made by Law, and a regular Statement lation pursuant to the following: CONSTITUTIONAL AUTHORITY and Account of the Receipts and Expendi- Article I, Section 8, Clause 1 STATEMENT tures of all public Money shall be made from By Mr. GINGREY of Georgia: H.R. 2327. Pursuant to clause 7 of rule XII of time to time. By Mr. DAVIS of Kentucky: Congress has the power to enact this legis- the Rules of the House of Representa- H.R. 2314. lation pursuant to the following: tives, the following statements are sub- Congress has the power to enact this legis- Article I, Section 8, Clause 1 that states, mitted regarding the specific powers lation pursuant to the following: ‘‘The Congress shall have Power To lay and granted to Congress in the Constitu- Article I, section 8, clause 14 (‘‘to make collect Taxes, Duties, Imposts, and Excises’’ Rules for the Government’’), and Article I, By Mr. HINCHEY: tion to enact the accompanying bill or H.R. 2328. joint resolution. section 8, clause 1 (‘‘to provide for the Com- mon Defense and General Welfare’’). Congress has the power to enact this legis- By Ms. HAYWORTH: By Mr. POLIS: lation pursuant to the following: H.R. 2305. H.R. 2315. Section 8 : Powers of Congress Congress has the power to enact this legis- Congress has the power to enact this legis- To regulate Commerce with foreign Na- lation pursuant to the following: lation pursuant to the following: tions, and among the several States, and Article I Section 8, of the United States Article I, Section 1, with the Indian Tribes; Constitution reserves to Congress the power All legislative Powers herein granted shall By Mr. JOHNSON of Ohio: to raise and support Armies and provide and be vested in a Congress of the United States, H.R. 2329. maintain a Navy, as well as make Rules for which shall consist of a Senate and House of Congress has the power to enact this legis- the Government and Regulation of the land Representatives. lation pursuant to the following: and naval Forces. By Mr. SCOTT of Virginia: This bill is enacted pursuant to Article I, By Mr. FRANK of Massachusetts: H.R. 2316. Section 1, clause 18 of the United States Con- H.R. 2306. Congress has the power to enact this legis- stitution. Congress has the power to enact this legislation pursuant to the following: By Mr. LOEBSACK: lation pursuant to the following: Article I, Section 8, Clause 3. H.R. 2330. Article I, Section 8, Clause 1 of the Con- By Mr. WU: Congress has the power to enact this legis- stitution. H.R. 2317. lation pursuant to the following:

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Article I, section 8, clause 1 to pay the Debts and provide for the common H.R. 735: Mr. GRAVES of Georgia, Mr. BAR- By Mrs. MALONEY: Defense and general Welfare of the United TON of Texas, Mr. CASSIDY, and Mrs. H.R. 2331. States; but all Duties, Imposts and Excises HARTZLER. Congress has the power to enact this legis- shall be uniform throughout the United H.R. 743: Mr. JOHNSON of Ohio. lation pursuant to the following: States. H.R. 750: Mrs. CAPITO and Mr. BERG. Article I, Section 8, Clause 3 By Mr. SCOTT of Virginia: H.R. 756: Mr. WU. The Congress shall have Power * * * To H.R. 2342. H.R. 763: Mr. GARDNER and Mr. CONAWAY. regulate Commerce with foreign Nations, Congress has the power to enact this legis- H.R. 795: Mr. GOSAR and Mr. LUJA´ N. and among the several States, and with the lation pursuant to the following: H.R. 807: Mr. HEINRICH. Indian Tribes. Clause 1 of section 8 of article I of the Con- H.R. 894: Ms. SPEIER. By Mrs. MALONEY: stitution H.R. 936: Mr. PETERS. H.R. 2332. Clause 18 of section 8 of article I of the H.R. 938: Mr. COHEN. Congress has the power to enact this legis- Constitution H.R. 949: Mr. CONYERS. lation pursuant to the following: By Mr. SCOTT of Virginia: H.R. 973: Mr. HERGER. Article 1, Section 8, Clause 3, which reads: H.R. 2343. H.R. 990: Mr. HUNTER. To regulate Commerce with foreign Nations, Congress has the power to enact this legis- H.R. 991: Mr. THOMPSON of Pennsylvania, and among the several States, and with In- lation pursuant to the following: Mr. PITTS, and Mr. HUNTER. dian Tribes. Article I, Section 8, Clause 3 & Clause 18 of H.R. 998: Mr. MILLER of North Carolina. By Mrs. MCCARTHY of New York: the Constitution. H.R. 1041: Mr. KEATING and Mr. LOBIONDO. H.R. 2333. By Mr. SCOTT of Virginia: H.R. 1048: Mr. DAVIS of Illinois. Congress has the power to enact this legis- H.R. 2344. H.R. 1057: Ms. PINGREE of Maine. lation pursuant to the following: Congress has the power to enact this legis- H.R. 1093: Mr. FINCHER and Mr. GUTHRIE. Article I, Section 8 of the U.S. Constitu- lation pursuant to the following: H.R. 1103: Mr. GRIJALVA. tion, which enumerates the power of Con- Article I, Section 8, Clause 3 & Clause 18 of H.R. 1106: Mr. SABLAN. gress to regulate interstate commerce. the Constitution. H.R. 1161: Mr. WALBERG. By Mr. MORAN: By Mr. STUTZMAN: H.R. 1173: Mr. LONG. H.R. 2334. H.R. 2345. H.R. 1179: Mr. MCCAUL. Congress has the power to enact this legis- Congress has the power to enact this legis- H.R. 1188: Mr. MORAN. lation pursuant to the following: lation pursuant to the following: H.R. 1218: Mrs. CAPITO. This bill is enacted pursuant to the power Pursuant to clause 3(d)(1) of rule XIII of H.R. 1236: Mr. PERLMUTTER, Mr. GRAVES of granted to Congress under Article I, Section the Rules of the House of Representatives, Missouri, Ms. CASTOR of Florida, Mr. THOMP- 8, Clause 3 of the United States Constitution. the Committee finds that the Constitutional SON of Pennsylvania, Mr. WALDEN, and Mrs. By Mrs. NOEM: authority for H.R. XXX is provided by Arti- CAPPS. H.R. 2335. cle I, section 8 of the Constitution of the H.R. 1240: Ms. NORTON and Mr. GENE GREEN Congress has the power to enact this legis- United States. of Texas. lation pursuant to the following: By Ms. WOOLSEY: H.R. 1259: Mr. AMASH, Mr. SOUTHERLAND, Article I, Section 8, Clause 3. H.R. 2346. Mr. LABRADOR, and Mr. CALVERT. By Ms. PINGREE of Maine: Congress has the power to enact this legis- H.R. 1265: Mr. BURTON of Indiana, Mr. H.R. 2336. lation pursuant to the following: WELCH, Mr. POSEY, Mr. JOHNSON of Ohio, and Congress has the power to enact this legis- This bill is introduced under the powers Mr. BOUSTANY. lation pursuant to the following: granted to Congress under Article 1 of the H.R. 1269: Mr. WITTMAN, Ms. HIRONO, Mr. Article I, Section 8, Clause 1—The Con- Constitution. HINCHEY, Mrs. NOEM, and Mr. MICHAUD. gress shall have Power To lay and collect By Mr. YOUNG of Alaska: H.R. 1272: Mr. PAULSEN. Taxes, Duties, Imposts and Excises, to pay H.R. 2347. H.R. 1283: Mr. GERLACH. the Debts and provide for the common De- Congress has the power to enact this legis- H.R. 1317: Ms. BASS of California. fense and general Welfare of the United lation pursuant to the following: H.R. 1322: Mr. KILDEE, Mr. MEEKS, and Mr. States; but all Duties, Imposts and Excises Article 1, Section 8, Clause 1 and Article 4, ROTHMAN of New Jersey. shall be uniform throughout the United Section 3, Clause 2 H.R. 1370: Mr. MILLER of Florida and Mr. States; and Article 1, Section 8, Clause 3— TERRY. f The Congress shall have Power . . . To regu- H.R. 1397: Ms. LORETTA SANCHEZ of Cali- late Commerce with foreign Nations, and ADDITIONAL SPONSORS fornia. among the several States, and with the In- Under clause 7 of rule XII, sponsors H.R. 1416: Mr. BILBRAY. dian Tribes. H.R. 1417: Mr. COHEN, Ms. SCHAKOWSKY, and By Mr. POE of Texas: were added to public bills and resolu- Mr. GUTIERREZ. H.R. 2337. tions as follows: H.R. 1426: Mr. CARSON of Indiana, Mr. Congress has the power to enact this legis- H.R. 104: Mr. RICHMOND. CICILLINE, Mr. PAULSEN, and Mr. LARSEN of lation pursuant to the following: H.R. 179: Mr. GERLACH. Washington. Article 1, Section 8 H.R. 181: Mr. GERLACH. H.R. 1451: Mr. HONDA. By Mr. POSEY: H.R. 190: Mr. LEWIS of Georgia. H.R. 1456: Ms. WOOLSEY. H.R. 2338. H.R. 284: Mrs. CHRISTENSEN. H.R. 1466: Mr. JOHNSON of Georgia. Congress has the power to enact this legis- H.R. 287: Mr. COHEN, Mr. GENE GREEN of H.R. 1546: Mr. FARR, Mr. WITTMAN, Mr. lation pursuant to the following: Texas, and Ms. MOORE. NEAL, Mr. SHUSTER, Mr. LATHAM, Mr. KUCI- Article 1, Section 8, Clause 7 (power to es- H.R. 329: Mr. BRALEY of Iowa. NICH, Mr. BISHOP of Utah, Mr. CICILLINE, and tablish Post Offices) and Article 1, Section 8, H.R. 374: Mr. MARINO, Mr. BARLETTA, and Mr. FRANK of Massachusetts. Clause 18 (the Necessary and Proper Clause). Mr. HUIZENGA of Michigan. H.R. 1558: Mr. OLSON, Mr. BISHOP of Geor- By Mr. QUIGLEY: H.R. 436: Mr. MACK and Mr. COBLE. gia, and Mr. PITTS. H.R. 2339. H.R. 452: Mr. CASSIDY, Mr. GERLACH, Mr. H.R. 1574: Mr. FATTAH. Congress has the power to enact this legis- BARLETTA, Mr. THORNBERRY, and Mr. WEB- H.R. 1585: Mr. SULLIVAN, Mr. HARRIS, and lation pursuant to the following: STER. Mr. NUNNELEE. Article I, Section 8 H.R. 591: Mr. YARMUTH. H.R. 1588: Mr. LUCAS, Mr. FARENTHOLD, and By Mr. QUIGLEY: H.R. 607: Ms. SLAUGHTER. Mrs. HARTZLER. H.R. 2340. H.R. 639: Mr. BARROW, Ms. CLARKE of New H.R. 1633: Mr. KINGSTON, Mr. SMITH of Congress has the power to enact this legis- York, Mr. GONZALEZ, Mr. OLVER, and Mr. Texas, Mr. HENSARLING, Mr. DESJARLAIS, Mr. lation pursuant to the following: SHIMKUS. BERG, and Mr. TIPTON. Article I, Section 8 H.R. 645: Mr. MCKINLEY and Mr. GUTHRIE. H.R. 1639: Mr. MILLER of Florida and Mr. By Ms. LINDA T. SA´ NCHEZ of Cali- H.R. 674: Mr. BISHOP of Georgia, Mr. WESTMORELAND. fornia: DESJARLAIS, Mr. GRIMM, Mr. WOODALL, and H.R. 1651: Mr. CUMMINGS. H.R. 2341. Mr. HEINRICH. H.R. 1666: Ms. BROWN of Florida and Mr. Congress has the power to enact this legis- H.R. 676: Ms. EDDIE BERNICE JOHNSON of HEINRICH. lation pursuant to the following: Texas. H.R. 1675: Mr. BISHOP of Georgia. Article I, Section 8, Clause 3 H.R. 679: Mr. GENE GREEN of Texas. H.R. 1687: Mr. CARSON of Indiana. The Congress shall have Power to regulate H.R. 687: Mr. FARENTHOLD. H.R. 1688: Mr. SMITH of New Jersey. Commerce with foreign Nations, and among H.R. 719: Ms. SCHAKOWSKY, Mr. ALEXANDER, H.R. 1697: Mr. WALBERG and Mr. SHULER. the several States, and with the Indian Mr. ACKERMAN, Mr. POLIS, and Mr. GARDNER. H.R. 1704: Mr. THOMPSON of California, Mr. Tribes. H.R. 721: Mr. SOUTHERLAND. FILNER, Mr. REYES, Mr. LARSEN of Wash- Article I, Section 8, Clause 1 H.R. 724: Mr. GENE GREEN of Texas. ington, Mr. KILDEE, Mr. PETRI, and Mr. PAS- The Congress shall have Power to lay and H.R. 733: Mr. GUTHRIE, Mr. PALAZZO, and TOR of Arizona. collect Taxes, Duties, Imposts and Excises, Mr. AKIN. H.R. 1723: Mr. CALVERT.

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H.R. 1744: Mr. ROKITA and Mr. SCOTT of H.R. 2229: Mr. RYAN of Ohio. Joint Resolution 68, authorizing the limited South Carolina. H.R. 2233: Mr. BISHOP of Georgia. use of the United States Armed Forces in H.R. 1755: Mr. GRIMM. H.R. 2250: Mr. MICHAUD, Mr. GIBBS, Ms. Support of the NATO mission in Libya, do H.R. 1781: Mr. FILNER. HERRERA BEUTLER, Mr. WHITFIELD, and Mrs. not contain any congressional earmarks, H.R. 1798: Mrs. NAPOLITANO. MYRICK. limited tax benefits, or limited tariff bene- H.R. 1803: Mr. DEUTCH and Mr. HINCHEY. H.R. 2298: Mr. SIRES. fits as defined in clause 9 of rule XXI of the H.R. 1811: Mr. LAMBORN, Mr. KISSELL, Mr. H.R. 2299: Mr. LANKFORD, Mr. ROGERS of Rules of the House of Representatives. LOBIONDO, Mr. MORAN, Mr. WESTMORELAND, Alabama, and Mr. GALLEGLY. and Mr. FARENTHOLD. H. Con. Res. 21: Mr. POE of Texas, Mr. f H.R. 1815: Mr. POLLS, Ms. SUTTON, Mr. GRAVES of Georgia, Mr. CHABOT, Mr. BUR- PETERS, and Mr. HANNA. GESS, Mr. ROGERS of Kentucky, Mr. GRIFFIN DELETIONS OF SPONSORS FROM H.R. 1821: Mr. COHEN. of Arkansas, Mr. RIBBLE, Mr. SCHOCK, Mr. PUBLIC BILLS AND RESOLUTIONS H.R. 1848: Ms. FOXX and Mr. ROONEY. HANNA, Mr. FRELINGHUYSEN, and Mr. GIBBS. H.R. 1852: Ms. HIRONO, Mr. PETRI, Mr. H. Con. Res. 25: Mr. KING of New York. Under clause 7 of rule XII, sponsors FITZPATRICK, Mr. COHEN, Mr. CARDOZA, Mr. H. Con. Res. 39: Mr. HINCHEY, Mr. LONG, were deleted from public bills and reso- DAVIS of Illinois, Mr. LEWIS of Georgia, Mr. Mr. SMITH of Texas, Mr. ROE of Tennessee, lutions as follows: ICKS OHNSON ISHOP D , Mr. J of Ohio, and Mr. B and Mr. BENISHEK. H.J. Res. 47: Mr. PETERSON. of Georgia. H. Res. 13: Ms. EDWARDS and Mrs. CAPITO. H.R. 1856: Mr. TOWNS. H. Res. 25: Mr. CRENSHAW and Mr. BARROW. f H.R. 1861: Mr. TIBERI. H. Res. 60: Mr. BILBRAY. H.R. 1865: Mr. BARLETTA, Mr. FARENTHOLD, H. Res. 111: Mr. MILLER of North Carolina. AMENDMENTS and Mr. HUNTER. H. Res. 137: Mr. ELLISON. H.R. 1880: Mr. DEUTCH. H. Res. 183: Mr. AUSTIN SCOTT of Georgia. Under clause 8 of rule XVIII, pro- H.R. 1903: Ms. BORDALLO and Mr. RANGEL. H. Res. 265: Ms. ESHOO. posed amendments were submitted as H.R. 1905: Mrs. ADAMS, Mr. BILIRAKIS, Mr. H. Res. 268: Mr. GRAVES of Georgia, Mr. follows: FILNER, Mr. FRANKS of Arizona, Mr. LEWIS of RICHMOND, Mr. WOMACK, Mr. FARENTHOLD, H.R. 2219 California, Mr. ROHRABACHER, Mr. AUSTIN Mrs. BONO MACK, Mr. CAMP, Mr. MCHENRY, SCOTT of Georgia, Ms. SUTTON, Mr. WALDEN, Mr. HECK, Mr. BARTON of Texas, Mr. RIBBLE, OFFERED BY: MR. CARTER Mr. CALVERT, Mr. MATHESON, Mr. PASCRELL, Mrs. NOEM, Mr. GUTIERREZ, Mr. HINOJOSA, AMENDMENT NO. 31: Strike section 8127 Mr. DIAZ-BALART, Mr. SARBANES, Mrs. BACH- Mr. JACKSON of Illinois, Ms. MATSUI, Ms. (page 122, lines 6 through 9), relating to mili- MANN, Ms. BUERKLE, Ms. CASTOR of Florida, SLAUGHTER, Mr. CARNAHAN, Mr. FRELING- tary musical units. Mr. FORBES, Mr. LANDRY, Mr. LATOURETTE, HUYSEN, and Mrs. CHRISTENSEN. H.R. 2219 Mr. PRICE of Georgia, Mr. WAXMAN, Mr. H. Res. 298: Mr. CLEAVER and Mr. CARNA- OFFERED BY: MR. GOHMERT RIBBLE, Ms. BASS of California, Mrs. BONO HAN. MACK, Mr. FORTENBERRY, Mr. GRAVES of H. Res. 317: Mr. MCKINLEY, Mr. TOWNS, Mr. AMENDMENT NO. 32: At the end of the bill Georgia, Ms. JENKINS, Mr. LIPINSKI, Mr. ISRAEL, Ms. BERKLEY, Mr. AUSTIN SCOTT of (before the short title), add the following: LUETKEMEYER, Mr. KIND, Mr. MCHENRY, Mr. Georgia, Mr. DEUTCH, Mr. GRIMM, Mr. SEC. ll. None of the funds made available WELCH, Mr. POMPEO, and Mr. BILBRAY. SHULER, and Mr. DOLD. by this Act may be obligated, expended, or used in any manner to support operations, H.R. 1940: Mr. SARBANES and Mr. CALVERT. f H.R. 1974: Ms. SPEIER. including NATO or United Nations oper- H.R. 1978: Mr. MARCHANT, Ms. BASS of Cali- CONGRESSIONAL EARMARKS, LIM- ations, against Libya. fornia, Mr. MCGOVERN, Mr. PAYNE, and Mr. ITED TAX BENEFITS, OR LIM- H.R. 2219 BLUMENAUER. ITED TARIFF BENEFITS OFFERED BY: MR. BENISHEK H.R. 2033: Mr. LATHAM, Mr. PLATTS, and Under clause 9 of rule XXI, lists or AMENDMENT NO. 33: Page 16. line 13, strike Mr. LARSON of Connecticut. ‘‘: Provided further’’ and all that follows H.R. 2040: Mr. FLORES. statements on congressional earmarks, through ‘‘this Act’’ on line 20. H.R. 2042: Mr. MCDERMOTT. limited tax benefits, or limited tariff H.R. 2051: Mr. HERGER. benefits were submitted as follows: H.R. 2219 H.R. 2069: Mr. FILNER. OFFERED BY: MR. MCKEON OFFERED BY: MR. BENISHEK H.R. 2077: Mr. BUCSHON. The provisions that warranted a referral to AMENDMENT NO. 34: Page 14. line 24, strike H.R. 2092: Mr. DAVIS of Kentucky and Mr. the Committee on Armed Services in H.R. ‘‘: Provided further’’ and all that follows LONG. 2278, to limit the use of funds appropriated to through ‘‘this Act’’ on page 15, line 5. H.R. 2107: Mr. ALTMIRE. the Department of Defense for United States H.R. 2108: Mr. WHITFIELD. H.R. 2219 Armed Forces in support of North Atlantic H.R. 2140: Mr. PAUL. OFFERED BY: MR. BENISHEK Treaty Organization Operation Unified Pro- H.R. 2145: Mrs. ADAMS. tector with respect to Libya, unless other- AMENDMENT NO. 35: Page 14. line 4, strike H.R. 2146: Mrs. MALONEY. wise specifically authorized by law, do not ‘‘: Provided further’’ and all that follows H.R. 2159: Mr. KISSELL, Mr. MEEKS, Mr. contain any congressional earmarks, limited through ‘‘this Act’’ on line 10. BISHOP of Georgia, and Mr. GRIJALVA. tax benefits, or limited tariff benefits as de- H.R. 2219 H.R. 2171: Mr. SOUTHERLAND. fined in clause 9 of rule XXI. H.R. 2173: Mr. SOUTHERLAND. OFFERED BY: MR. BENISHEK H.R. 2186: Ms. CHU. OFFERED BY: MS. ROS-LEHTINEN AMENDMENT NO. 36: Page 15. line 19, strike H.R. 2226: Mr. PAYNE, Ms. CHU, Mr. LUJA´ N, The provisions that warranted a referral to ‘‘: Provided further’’ and all that follows and Ms. JACKSON LEE of Texas. the Committee on Foreign Affairs in House through ‘‘this Act’’ on line 25.

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Vol. 157 WASHINGTON, THURSDAY, JUNE 23, 2011 No. 91 Senate The Senate met at 10 a.m. and was Mr. REID. Mr. President, I suggest Luckily, it appears so far that only called to order by the Honorable TOM the absence of a quorum. property was damaged and no lives UDALL, a Senator from the State of The ACTING PRESIDENT pro tem- were lost or people injured. The horses New Mexico. pore. The clerk will call the roll. are all OK too, for that matter, which The legislative clerk proceeded to is extremely important to us in Ken- PRAYER call the roll. tucky. The Chaplain, Dr. Barry C. Black, of- Mr. MCCONNELL. Mr. President, I We are thinking of those who have fered the following prayer: ask that the order for the quorum call been affected by these storms and will Eternal Savior, creator of the world, be rescinded. continue to keep a close eye on the give us this day a sense of Your maj- The ACTING PRESIDENT pro tem- city of Louisville and make sure the esty. Fill our lawmakers with faith in pore. Without objection, it is so or- people have everything they need to Your power to help them solve the dered. clean up and rebuild. pressing problems of our time. Lord, f DEBT LIMIT enable them to meet their responsibil- RECOGNITION OF THE MINORITY Mr. President, this morning I would ities with courage and optimism, look- LEADER like to address what I view as a worri- ing always to You as a guardian and some development in connection with guide. When life’s pressures overwhelm, The ACTING PRESIDENT pro tem- the ongoing debt limit talks, but first give them patience and the joy of expe- pore. The minority leader is recog- I think it is important to remind our- riencing Your peace and love. nized. selves what the purpose of these talks We pray in Your great Name. Amen. f is. f KENTUCKY STORMS From the very beginning, the goal has been clear: to come up with a seri- PLEDGE OF ALLEGIANCE Mr. MCCONNELL. Mr. President, ous and significant plan for reducing The Honorable TOM UDALL led the people in my hometown of Louisville, the deficit as a condition for any agree- Pledge of Allegiance, as follows: KY, are still recovering this morning ment to raise the limit. Without such a I pledge allegiance to the Flag of the from a series of storms and possible plan, we are told, America could very United States of America, and to the Repub- tornadoes last night that inflicted con- quickly face an economic calamity of lic for which it stands, one nation under God, siderable damage across the city, in- historic proportions, at a time when indivisible, with liberty and justice for all. cluding at the historic Churchill Downs millions of Americans are still trying f racetrack, home of the Kentucky to recover from the last one. APPOINTMENT OF ACTING Derby. As one of the major credit agencies PRESIDENT PRO TEMPORE More than 600 Louisvillians were recently put it: without power this morning after thou- The rating outlook [of the U.S.] will de- The PRESIDING OFFICER. The sands lost power yesterday. The storms clerk will please read a communication pend on the outcome of negotiations on def- did their worst at Churchill Downs in icit reduction . . . a credible agreement on to the Senate from the President pro South Louisville, where there were re- substantial deficit reduction would support a tempore (Mr. INOUYE). ports of funnel clouds, and some barns continued stable outlook; lack of such an The legislative clerk read the fol- were destroyed, sending many horses agreement would prompt Moody’s to change lowing letter: running loose. In many parts of the its outlook to negative on the AAA rating. U.S. SENATE, city, there were downed power lines. This is serious stuff, and many of us PRESIDENT PRO TEMPORE, The storms also did considerable dam- have been hoping for and working to- Washington, DC, June 23, 2011. age near my alma mater, the Univer- ward a serious bipartisan solution, a To the Senate: sity of Louisville, and in the plan that would convince the American Under the provisions of rule I, paragraph 3, of the Standing Rules of the Senate, I hereby Jeffersontown area. people, the markets, and the world appoint the Honorable TOM UDALL, a Senator The National Weather Service plans that America is capable of getting its from the State of New Mexico, to perform to be in Louisville today to survey the fiscal house in order. Let’s be clear the duties of the Chair. damage and determine if the city was about something else: We all know DANIEL K. INOUYE, indeed struck by tornadoes. The town what such a plan would look like. Ev- President pro tempore. is bracing itself for another round of eryone, including the President, knows Mr. UDALL of New Mexico thereupon severe weather with severe thunder- we cannot rein in our debt without a assumed the chair as Acting President storms, high winds, and even hail in reform of long-term entitlements. It pro tempore. the forecast for today. cannot be done. And everyone knows

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

S4037

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That is ferring to the continuing silence of the are looking at that now. also why it is so concerning to many of one person who matters most to its A number of Senators have a problem us that some have begun to suggest a outcome. with two votes. We may only have one. different goal for these talks. For weeks, lawmakers have worked We don’t have that worked out yet, but Over the past several days, some around the clock to hammer out a plan we will notify all Senators when we do. have suggested in various news stories that would help us avert a crisis we all We are going to very likely have a that the real goal of these talks is to know is coming. Do you remember number of rollcall votes right after the devise a plan that satisfies one side by what Admiral Mullen, the Chairman of noon hour today, starting around 2 reducing the debt and satisfies the the Joint Chiefs of Staff, said when o’clock. Other votes are expected. other side by raising taxes. The sugges- asked what our biggest national secu- f tion here is that all this is all just rity threat was? He said: Our debt. Er- THE DEBT some quid pro quo exercise between the skine Bowles, Bill Clinton’s Chief of two parties. This is a dangerous trend, Staff, Cochairman of the deficit reduc- Mr. REID. Mr. President, for the last and it is wrong. It is important that we tion commission, called it the most month or 6 weeks the Vice President of dispel it. predictable crisis in American history. the United States, JOE BIDEN, who The central issue in these talks, as We all know this crisis is coming, served in this body for 36 years, has every serious person knows, is our Na- knowing at some point the President been assigned by the President of the tion’s massive deficit and debt and the will have to sign on to some solution. United States to work with people who disastrous long-term consequences for So it is worth asking, where in the have been assigned by me, Senator jobs and the economy that would result world has President Obama been for MCCONNELL, the minority leader in the if we do absolutely nothing about it. the last month? Where is he? What House, and the Speaker to meet with We have this problem for one very undoes he propose? What is he willing to Senator BIDEN to work out problems derstandable reason: The government do to reduce the debt and to avoid this that we have facing our country with spends too much. The way to solve it is crisis that is building on his watch? He this huge debt. Senator BIDEN has been to spend less. is the one in charge. I think most working very hard. There have been It is mystifying, really, that at the Americans think it is about time he numerous meetings with this group of eleventh hour some would now propose started acting like it. people that we assigned. Progress is tax hikes as a condition to any agree- It is not enough for the President to being made. Whether it is enough ment. It is mystifying not only because step in front of a microphone every progress remains to be seen. of the absurdity of proposing a tax hike once in a while and say a few words The President of the United States as a way to help the economy and cre- that somebody hands him to say about gets up early every morning, gets an ate jobs, it is mystifying above all be- the jobs situation and our economy. intelligence report about what is going cause we know quite well that a tax Americans want to see that he is actu- on around the world—there are a lot of hike would never make it through Con- ally doing something about it. What things going on around the world that gress, not because of Republican oppo- they see instead is more bad economic he has to keep his eye on, and that is sition but because of Republican and news every day, a gathering crisis that an understatement. We have had many Democratic opposition. We have al- threatens to make current problems issues come about this last month on ready had the votes to prove it. Six even worse, and a President who is ei- which he has had to focus. No one can months ago, Democrats couldn’t even ther unwilling or unable to recognize suggest in any way the President is not muster enough votes to pass a tax hike that our Nation’s economy is in very engaged in what is going on in the on upper income Americans when they serious trouble. He is the President. He country. He is briefed at least once a had 59 seats in the Senate, a 40-seat needs to lead. He needs to show that he day by the Vice President as to these majority in the House, and a Democrat recognizes the problem. He needs to do negotiations. Following that, almost in the White House. They couldn’t get something about it. We are not in the every day he meets with his advisers as that done 6 months ago. Less than 2 majority. We can’t sign anything into to what should be the next step. weeks later, right after that effort to law. That is the President’s job. That I think it is unfair to say things such raise taxes, which they couldn’t get is his job. Yet, until now, he has stood as, ‘‘Where is the President?’’ I think it done, they voted almost 4 to 1 in favor in the background. He has acted as if it is fair to take a little look at history. of keeping the current tax rates in is not his problem. Well, it is his prob- When George Bush became President, place. That was when the Democrats lem. This is his problem to solve. following that time of 8 years of Presi- had a huge majority in the Senate, a America is waiting. dent Clinton, he was given reports at huge majority in the House, and a I yield the floor. his desk in the White House that showed there was about a $7 trillion President of the United States. They f couldn’t raise taxes. surplus over the next 10 years. We had So there is one of two things going RECOGNITION OF THE MAJORITY developed, during the years of Presi- on here: Either someone on the other LEADER dent Clinton, a number of procedures. side has forgotten that there is strong The ACTING PRESIDENT pro tem- One was the pay-go rules. We made bipartisan opposition in Congress to pore. The majority leader is recog- sure if there was a new program that raising taxes or someone involved is nized. we couldn’t pay for, we would take acting in bad faith. We have known f some money from another program, from the beginning that tax hikes take the money we used for that and would be a poison pill to any deficit re- SCHEDULE use it to take care of the new program. duction proposal. Those who are pro- Mr. REID. Mr. President, following It was a time of economic vibrancy in posing them now either know this or any leader remarks, the Senate will be this country that we have never seen they need to realize it very quickly. in a period of morning business until before. That is to say nothing of those who 11:30 today, with the majority control- President Bush got rid of the pay-go are now proposing more spending as a ling the first half and the Republicans rules and decided to do something solution to our debt crisis. This isn’t controlling the final half. Following unique. He decided to do everything on just mystifying, it is absolutely far- morning business, the Senate will re- credit—two unfunded wars that are cical. Most Americans had to wonder if sume consideration of the Presidential now approaching $2 trillion in cost, they were dreaming this morning when Appointment Efficiency and Stream- none of which is paid for, money we they saw this headline: ‘‘Democrats lining Act, with 30 minutes of debate borrowed from Saudi Arabia and China

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EDA investments from the richest man in the world, said it is lion Americans out of work today, in- the last 5 years are expected to support unfair that he pays less taxes percent- cluding many from Tennessee and more than 5,000 jobs in Oklahoma. He age-wise than his secretary. So this $7 every other State in our country, is such a big supporter he was an origi- trillion surplus we had over 10 years, would disagree with the Senator from nal cosponsor of the legislation, but he the Bush administration wiped that Tennessee. voted to kill it. out with all these wars unpaid for and He also went on to say, this junior These are only 3 of 23 Republican all these tax and other actions that Senator from Tennessee—I repeat, who Senators who lauded the importance of were taken. is a Republican—he went on to say that this legislation and then voted against When President Obama became this worthy legislation, our fourth jobs it. President, there had been 8 million jobs bill of this Congress, was nothing more Nevada has been hit harder by this lost, and he found himself in a big hole. than an attempt to ‘‘kill time.’’ He terrible recession than any other I think one of the things we should do said it is an attempt to kill time. He State. EDA investments from the last 5 is stop denigrating the economy of our went on also, I repeat, to say it was un- years are responsible for creating al- country. Is it vibrant and strong? Of important. most 5,000 jobs in Nevada. The legisla- course not, but it is improving. It is Republicans may consider job cre- tion Republicans killed this week could getting better—not fast enough, not ation a waste of time, but Democrats have created hundreds of thousands good enough, but it is improving. disagree and Americans disagree— more jobs all across America. I take it So I say to my friend, my counter- Democrats, Republicans, and Independ- very seriously when a Republican Sen- part, the Republican leader, who says ents alike. We are not going to stop ator says putting thousands of people the only place we can solve the prob- fighting to get Americans back to work to work is a waste of time. The real lems of this country is just to basically until we get our economy back on waste of time is this endless obstruc- cut domestic programs significantly, track. We cannot solve our problems tionism by Republican Senators. They we know we are going to have to do a without jobs creation. Congress has no waste the Senate’s time when they put better job of balancing the budget be- more important task than creating partisan politics ahead of our economic cause of the cards that were given to jobs. There is no better way for us to recovery. President Obama. We are going to be spend our time, there is no issue more Americans have told us time and doing our very best to do that. But the important than job development. This time again, putting 14 million people one interesting point my friend failed legislation, which, again, would have back to work is their No. 1 priority. to mention as he talked about the supported 314,000 jobs, as it did in the Democrats share that priority. Obvi- Bowles-Simpson debt reduction pro- last 5 years, is an important part of ously, the Republicans do not. Their gram is they said, among other things: that effort. goal is to change Medicare as we know Of course, we have to make significant But don’t take my word for it. The it, to end it. Believe me, thousands of cuts in domestic discretionary spend- junior Senator from Tennessee said Nevadans who are working today being, in defense, in mandatory pro- this about the Economic Development cause of EDA don’t think our efforts to grams. They looked at some of the Administration 2 years ago. This is create jobs are nothing of importance, work we needed to do with entitle- what he said prior to his saying that it as the junior Senator from Tennessee ments. But they also said there had to was a waste of time, prior to his saying said. In fact, we have heard from out- be something done with revenue. My that it was not of importance. Here is of-work people in Nevada and every friend ignores what they said about what he said. This is a direct quote, other State in this great country that that. less than 2 years ago: there is absolutely nothing more im- They also said; that is, Bowles-Simp- In the midst of an economic crisis, projects portant than job creation. son, together with the people who were like these are just the kinds of things that Would the Chair now announce morn- on that Commission—and I made a will renew confidence and reinvigorate pri- ing business, please. number of appointments to that Com- vate investment in the area. mission—they said: Yes, we need to do That is what he said. He said ‘‘EDA f some cutting, but these next few years funds protect jobs and support eco- we have to spend some money to create nomic growth.’’ Why, then, didn’t he RESERVATION OF LEADER TIME jobs. We hear not a word from my Re- vote that way? No wonder the junior The ACTING PRESIDENT pro tem- publican colleagues about creating Republican Senator from Tennessee pore. Under the previous order, the jobs. had such high praise for the program. leadership time is reserved. The House of Representatives, all EDA investments over the last 5 years they do is flex their muscles on things will support an estimated 7,000 jobs in f they want to eliminate. But the one Tennessee. But in spite of his previous thing they do not talk about is cre- support, he voted to kill this worthy MORNING BUSINESS ating jobs—not a word. legislation anyway. And he is not the The ACTING PRESIDENT pro tem- This week my Republican colleagues only Republican whose words don’t pore. Under the previous order, the killed their fourth jobs bill this year. match their actions. Senate will be in a period of morning The Economic Development Adminis- His counterpart, the senior Senator business until 11:30 a.m., with Senators tration reauthorization was common- from Tennessee, also a Republican, also permitted to speak therein for up to 10 sense legislation with a proven track supported EDA and those 7,000 jobs minutes each, with the time equally di- record of spurring innovation and hir- once. He did it before. He said an EDA vided and controlled between the two ing by private companies because for grant would ‘‘bring a much needed leaders or their designees, with the ma- every dollar we spent as a government, boost to the local economy.’’ Just a jority controlling the first half and the $7 came back in return from the pri- few days ago he voted to kill the pro- Republicans controlling the final half. vate sector. They killed our fourth jobs gram. The Senator from Hawaii is recog- bill this year. It seems Republicans Last month, the junior Senator from nized. don’t care about putting Americans Texas, also a Republican, said an EDA Mr. AKAKA. I thank the Chair. back to work. They don’t even pay lip grant in his State would ‘‘pave the way (The remarks of Mr. AKAKA per- service to the issue. for the creation of new jobs.’’ He said it taining to the introduction of S. 1262 Americans have said they care more would ‘‘strengthen the region’s econ- are located in today’s RECORD under about creating jobs than anything else. omy.’’ EDA investments from the last 5 ‘‘Statements on Introduced Bills and In fact, yesterday the junior Senator years are expected to support more Joint Resolutions.’’)

VerDate Mar 15 2010 01:56 Jun 24, 2011 Jkt 099060 PO 00000 Frm 00003 Fmt 0624 Sfmt 0634 E:\CR\FM\G23JN6.003 S23JNPT1 tjames on DSKG8SOYB1PROD with SENATE S4040 CONGRESSIONAL RECORD — SENATE June 23, 2011 COLLEGE LIFE ACT borrow to pay for school. These trends out those lessons coming at their own Mr. AKAKA. Mr. President, yester- have led to over $100 billion in Federal expense. day I introduced the College Literacy educational loans being originated Financial literacy counseling under in Finance and Economics Act—the each year. When these borrowers grad- the College LIFE Act would teach the College LIFE Act. This bill is a re- uate, they do so with significant stu- financial education core com- sponse to the dire need in our country dent loan debt, with the median over petencies—earning, spending, saving, for greater financial literacy among $23,000. The Department of Education borrowing, and protection—developed young adults. estimates that over 36 million Ameri- by the Financial Literacy and Edu- To be financially literate is to pos- cans have outstanding Federal student cation Commission. Existing loan sess one of the most empowering life loan debt that, when combined, totals counseling already provides student skills that an individual can have. over $740 billion. And yet, because of borrowers with valuable information Those who have a sound understanding the steep upward trend in college tui- about the terms, features, and common of personal finance and economics are tion, which in the last decade has risen pitfalls of educational loans. This fi- better prepared for the many pivotal each year by 5.6 percent beyond infla- nancial literacy counseling would com- moments that they encounter in life tion, students commonly rely on credit plement existing activities, and the where decisions about money must be cards on top of their student loans to College LIFE Act specifies that finan- made. Sound decisionmaking in those pay their way through college. Even as cial literacy loan counseling may be instances separate the financially lit- far back as 7 years ago, 56 percent of provided in conjunction with current erate from the financially illiterate. dependent students had a credit card in counseling requirements. Those who effectively evaluate their fi- their own name. I thank my colleague in the House of nancial choices, wisely manage their The consequences of this culture of Representatives, Congresswoman SHEI- personal finances, and budget and save borrowing in higher education are clear LA JACKSON LEE of Texas, for joining live more financially stable and secure and concerning. The most recent come as the House sponsor of this bill. I lives. Those who make poor decisions hort default rate, CDR, on Federal stu- also thank my colleague from Iowa, about money live without financial dent loans was 7 percent, indicating Senator HARKIN, who chairs the Com- certainty and become vulnerable to that large numbers of young adults are mittee on Health, Education, Labor, anticonsumer business practices and failing to effectively manage their and Pensions, for lending his expertise unscrupulous lenders. debt. The average CDR for proprietary to this bill in the areas of financial lit- Financial independence begins during colleges alone is 22.3 percent. Mean- eracy and student debt in higher edu- or immediately after college for many while, the average student credit card cation, including at for-profit colleges. of us and brings with it new opportuni- balance rose from around $1,400 in 2002 I will continue to work with my col- ties and challenges. Before we buy a to $2,000 today. Given what we know leagues to enact the College LIFE Act. home, put a child through school, or about student financial literacy and I call on them to join me in support of retire, we make choices about pur- capability, this is not surprising. For this legislation and other efforts to im- chasing a car, buying with credit in example, a Charles Schwab study in prove financial literacy in America. lieu of cash, and balancing our ‘‘wants’’ 2007 found that only 45 percent of teens Thank you, Mr. President. and ‘‘needs’’ while struggling to ex- know how to use a credit card and even The ACTING PRESIDENT pro tem- tract rent out of our first few pay- fewer—just 26 percent—understand pore. The Senator from Colorado is rec- checks. From that point on, financial credit card fees and the concept of in- ognized. choices increase in cost and magnitude. terest. f Financial decisions made and habits The increase in Federal educational developed as young adults dictate lending and student debt can be inter- THE BUDGET whether we go through life on sound fi- preted positively. I am happy to see Mr. BENNET. Mr. President, I rise nancial footing and are prepared for young people continuing on to college today to implore my colleagues and to unforeseen financial obstacles. in numbers that I would never have implore the negotiators who are work- Given the tremendous importance of imagined when I graduated from the ing on this budget issue to come to a early adulthood financial choices and University of Hawaii in 1952. For our comprehensive solution that meaning- actions, it is extremely troubling how best and brightest, college continues to fully addresses our deficit and our debt. unprepared young adults are for these be a stepping stone on their paths to If all you knew about our politics challenges. Too few students have op- becoming future leaders. For millions was what you see on the television at portunities to learn about personal fi- of others today, however, college sim- night, you would think we were com- nance or economics before they enter ply and rightfully represents an oppor- mitted to an endless stream of invec- college. The Council for Economic Edu- tunity for better lives for themselves tive, of name-calling, of division, that cation’s most recent Survey of the and their families. But, the ever-rising we had absolutely no interest or desire States found that only 21 States re- cost of education is a reality that we to solve the Nation’s problems or solve quire students to take a class in eco- must address. We are allowing—and the Nation’s challenges, and you would nomics as a requirement for graduation even encouraging—students to become be right to sort of give up all hope we and only 13 require a course in personal borrowers and consumers. It is our re- could actually honor the heritage of finance. Parents, moreover, are often sponsibility, therefore, to ensure that our parents and our grandparents and unreliable sources of financial edu- these young adults have the knowl- make sure we are not the first genera- cation because many are financially il- edge, skills, and capability to manage tion of Americans to leave less oppor- literate themselves. For example, the the consequences that come with their tunity, not more, to our kids and our National Foundation for Credit financial decisions. Unfortunately, we grandkids. That is what you might Counseling’s fifth annual Financial are not doing enough. think if all you knew about our coun- Literacy Survey found that 76 percent The College LIFE Act begins to ad- try was what you saw on the TV at of adults recognized that they could dress this clear and urgent void in night. benefit from the advice of a financial early adulthood financial literacy and Fortunately, I have had the privilege, professional regarding everyday finan- economic education. It would provide as has everybody in this body, to travel cial questions. financial literacy counseling to all uni- my State and to learn that actually Even as we acknowledge widespread versity-level students who take out the American people are nowhere near financial illiteracy among young federal educational loans when they as divided as Washington, DC, or as adults, we allow students in higher begin and leave school. First receipt of what you see on television at night. In education to take on alarming levels of a student loan and departure from fact, we share an awful lot in common debt during college. Borrowing to pay school are two prime teachable mo- in my State of Colorado whether we for school has become the norm. Two ments in the lives of young adults. In are Republicans, Democrats, or Inde- out of every three undergraduates re- addition, they are two opportunities pendents, and part of that is because ceive some type of financial aid. At for- for individuals to learn the importance we are coming out of the worst reces- profit colleges, 96 percent of students of responsible financial behavior with- sion since the Great Depression.

VerDate Mar 15 2010 01:56 Jun 24, 2011 Jkt 099060 PO 00000 Frm 00004 Fmt 0624 Sfmt 0634 E:\CR\FM\G23JN6.005 S23JNPT1 tjames on DSKG8SOYB1PROD with SENATE June 23, 2011 CONGRESSIONAL RECORD — SENATE S4041 By the end of the discussion I was bate was about. Now we come to the prehensive deficit reduction package based having during the campaign over the debt ceiling debate where people are upon the recommendations of the Fiscal last couple of years, there were about saying: We are not going to vote to Commission. While we may not agree with four things people thought might be raise the debt ceiling. every aspect of the Commission’s recommendations, we believe that its work rep- good ideas. They thought it would be Somebody in a townhall meeting said resents an important foundation to achieve good to have an economy in this coun- to me: MICHAEL, don’t you know my meaningful progress on our debt. The Com- try where median family income was neighbor and I are having to figure out mission’s work also underscored the scope rising instead of falling, that we were how to pay as we go? We have to figure and breadth of our nation’s long-term fiscal creating jobs in the United States rath- out how to pull in our purse strings to challenges. er than shipping them overseas. They make sure we can afford to do what we Beyond FY2011 funding decisions, we urge thought it would be a good idea if our need to do? I said: I absolutely agree you to engage in a broader discussion about energy would not require us to send a comprehensive deficit reduction package. with you. He said: Why aren’t you guys Specifically, we hope that the discussion will billions of dollars a week to the Per- showing the same restraint? And I said: include discretionary spending cuts, entitle- sian Gulf to buy oil. They thought it We need to show the same restraint, ment changes and tax reform. would be a good idea—and as a former but that is not about the debt ceiling. By approaching these negotiations com- school superintendent, I agree with The debt ceiling is about bills we have prehensively, with a strong signal of support them—to educate our kids for the 21st already incurred; it is not about cut- from you, we believe that we can achieve century. They thought it would be a ting up your credit card. It would be consensus on these important fiscal issues. This would send a powerful message to good idea if we were actually willing to great if it were. That is not what it is make hard choices to deal with our Americans that Washington can work to- about. It is about saying: I have a cable gether to tackle this critical issue. debt and our deficit. bill this month, and I am just not Thank you for your attention to this mat- There is a lot of disagreement around going to pay it. I got my mortgage this ter. here that I do not really understand, month, but I am just not going to pay Sincerely, but in Colorado, the way they would it. MICHAEL F. BENNET. like us to do that is to see a com- That is not fiscally responsible. In MIKE JOHANNS. prehensive plan that materially ad- fact, do you know what happens to peo- Mr. BENNET. We sent it around to dresses the problem. They know we ple who do that? Their interest rates people, and it was a letter to the Presi- cannot solve it overnight, but they go up because lenders say to you: You dent that in part said: would like to see us materially address are not a good risk because you didn’t Specifically, we hope that the discussion the problem. They want to know we pay your mortgage on time. You are will include discretionary spending cuts, en- are all in it together. They are not in- not a good risk because you didn’t pay titlement changes and tax reform. terested in the Washington game of your cable bill on time. That is what A comprehensive plan. Sixty-four whose ox is going to get gored; they our lenders are going to say to the Fed- Senators signed that letter—more than want to know we are all in this to- eral Government of the United States a majority of the Senate. It is more gether, that all of us have something if we are willing to jeopardize the full than the 60-vote threshold necessary to to contribute to solving this problem. faith and credit of the United States. It pass legislation around here—a major- They emphatically want it to be bipar- is fiscally and politically irresponsible ity of Republicans and a majority of tisan, which is good because we have a for us to do that. Democrats recognizing what is divided Congress now, and it needs to In this context, we are having a de- blindingly obvious to the American be bipartisan to get this work done. bate about dealing with the fact that people, which is that we need a com- The reason is that they do not trust ei- we now have a $1.5 trillion deficit and prehensive plan because the math does ther party’s go-it-alone strategy. I a $15 trillion debt. not work otherwise. And we need peo- think they are right to believe we are By the way, I would say on the debt ple of good will to come together and better off compromising on a set of ceiling that at least this Senator would say: We understand we are not going to comprehensive proposals than con- settle for raising it just the amount be able to solve this problem if we continuing to fight. the Ryan plan would increase our debt. tinue to fight with each other. We are I would add a corollary to it, which is I would be happy with the Ryan plan, not going to be able to solve this prob- that whatever we do, we better satisfy which is the House Republican plan, to lem if we continue to pretend there are the capital markets that their paper is raise the debt by about $5.4 trillion. some magical mathematics out there worth what they paid for it. If they are Everybody over there voted for it. A that allows us to solve the debt crisis not satisfied, we are going to be in an lot of people here voted for it implic- based on political ideology rather than interest rate environment that is going itly; therefore, they are suggesting the our working together. to make all of the discussions we have debt ceiling ought to be raised by at People ask me sometimes what they had about cuts seem trivial in terms of least that amount, and I would be can do to help with this discussion. the effect on the deficit and debt. happy to support that and cosponsor What I say to them is they ought to be Then I come here, and we have these that. But what I want us to do is come holding the people in this body to the phony conversations about solving the together in a comprehensive way. same standard they hold our local offi- problem. We had a discussion, you will Mr. President, MIKE JOHANNS from cials back in Colorado—that mayor in remember, about whether we ought to Nebraska and I circulated a letter on Alamosa or a superintendent in Den- shut the government down. And I did March 15. I ask unanimous consent ver—who never in their wildest dreams the math on the bid ask spread that di- that letter be printed in the RECORD. would think they were going to phony vided the two parties over whether we There being no objection, the mate- up the math and go back to people and are going to shut the government rial was ordered to be printed in the say: Sorry, we could not make it work, down, and that math equalled about 4 RECORD, as follows: so we are going to shut down or, sorry, cents on the $20 meal at Applebee’s. It we could not make it work, so we are would be like you and me, Mr. Presi- U.S. SENATE, Washington, DC, March 15, 2011. going to destroy our credit rating, so dent, fighting over that 4 cents because President BARACK OBAMA, you end up spending more money on in- we couldn’t figure out how to pay the The White House, terest instead of on the services you bill. It would be like the city of Washington, DC. care about. Alamosa in my State, in the San Luis DEAR PRESIDENT OBAMA: As the Adminis- Our job is to fix this problem. It is Valley, where my predecessor, Ken tration continues to work with Congres- not going to be easy. It is going to take Salazar, came from—it would be like sional leadership regarding our current budg- people on both sides of the aisle to the mayor saying: We can’t agree on et situation, we write to inform you that we think differently about what is pos- $27,000, so we are going to shut the gov- believe comprehensive deficit reduction sible. My own view is the Deficit and measures are imperative and to ask you to ernment down, we are not going to support a broad approach to solving the Debt Commission gave us a roadmap pick up your trash, we are not going to problem. here. It was a bipartisan group. The educate your kids. The American peo- As you know, a bipartisan group of Sen- final result got the vote of DICK DUR- ple should know that is what that de- ators has been working to craft a com- BIN, one of the most liberal members of

VerDate Mar 15 2010 01:56 Jun 24, 2011 Jkt 099060 PO 00000 Frm 00005 Fmt 0624 Sfmt 0634 E:\CR\FM\G23JN6.006 S23JNPT1 tjames on DSKG8SOYB1PROD with SENATE S4042 CONGRESSIONAL RECORD — SENATE June 23, 2011 the Democratic Party, and one of the are going to have to join Democrats ‘‘S&P’’—the major rating agency— most conservative members of the Re- and be responsible. And being respon- ‘‘Signals Top Credit Rating Is in Dan- publican Party, TOM COBURN, who sible means doing some things that are ger, Stoking Political Battle on Def- signed onto a plan that said: Let’s take tough. icit.’’ ‘‘U.S. Warned on Debt Load.’’ So a quarter of it from discretionary Republicans and Democrats are going nobody in this Chamber, nobody across spending, let’s take a quarter of it from to have to do some things that are the Capitol in the House of Representa- entitlements, let’s take a quarter of it tough. Why? Because we are borrowing tives, can claim they did not know from interest savings, and let’s get a 40 cents of every dollar we spend. That what was coming. We have been quarter from tax reform. That sounds cannot be continued much longer. warned, and we have been warned re- about right to me. If you look at the historic relation- peatedly. If we could produce a plan here that ship between spending and revenue, What happens if we do not act and satisfied the test I mentioned earlier, I here it is, as shown on this chart, going there is a reaction in the interest rate could go back to the townhalls in Colo- back to 1950. The red line is the spend- environment for the U.S. debt? I would rado, and I guarantee you what people ing line. The green line is the revenue remind my colleagues, a 1-percentage would say is: Thank you for finally line. What you see is spending as a point increase in interest rates will add working together. Thank you for pro- share of national income is the highest $1.3 trillion to the debt over the next 10 ducing something that is credible. it has been in 60 years. Revenue is the years. A 1-percentage point change in Let’s now move on to the other busi- lowest it has been in 60 years. interest rates will add $1.3 trillion to ness in this country to make sure we When I hear my Republican friends the debt over the next 10 years. can compete and win in the 21st cen- say this is just a spending problem, People say: Well, we are not going to tury. they have it half right. It is in part a extend the debt, we are not going to ex- I would say I hope, to the extent any- spending problem. Spending is the tend the debt limit of the United body is listening to the floor today, highest it has been in 60 years—or very States. Do you know what happens? they would think again about the im- close to it. But revenue is the lowest it The creditors say: Oh, really? Well, we portance of using this moment to try has been in 60 years. So let’s get real. are not going to lend you more money to create a comprehensive plan, to try Let’s get honest. This is a spending then. Do you know what happens then? to figure out what the compromises problem and a revenue problem. It is Interest rates go up in order to attract are. I for one am happy to work with the difference between the two that other lenders. And what happens? anybody on either side of the aisle to leads to record deficits and a debt that Every 1-percentage point increase in make sure we get this done. is spiraling out of control. the interest rates adds $1.3 trillion to I see the chairman of our Budget Here is what the head of our Armed the debt in just 10 years. Committee is in the Chamber. I thank Forces—Admiral Mike Mullen, the Here are the remarks of 10 of the pre- him for his efforts on the Deficit Com- Chairman of the Joint Chiefs of Staff— vious chairs of the President’s Council mission, and also for the work he has said last year at about this time: of Economic Advisers. Headline: been doing with the Gang of Six—the Our national debt is our biggest national ‘‘Unsustainable Budget Threatens Na- Gang of Five, trying, month after security threat. tion.’’ This is their conclusion, the top month after month, for the last 18 Colleagues, are you listening? Are economic advisers to former Presi- months, to produce a comprehensive you listening? We are moving at warp dents, Democrats and Republicans. The plan that actually addresses the prob- speed toward a fiscal crisis. Nobody can previous 10 unanimously said this: lems. tell us when it will happen. What ev- There are many issues on which we don’t With that, I yield the floor. agree. Yet we find ourselves in remarkable eryone is telling us is that it will hap- unanimity about the long-run federal budget The ACTING PRESIDENT pro tem- pen. pore. The Senator from North Dakota deficit: It is a severe threat that calls for se- Here is where we are, as shown on rious and prompt attention. . . . We all is recognized. this chart. This is the gross debt of the strongly support prompt consideration of the Mr. CONRAD. Mr. President, I thank United States. We are now, at the end Fiscal Commission’s proposals. The the Senator from Colorado for his re- of this year, going to be over 100 per- unsustainable long-run budget outlook is a marks and for his leadership. He has cent of our gross domestic product. growing threat to our well-being. Further been right on point with respect to That is going to be the gross debt of stalemate and inaction would be irrespon- what has to be done in this country to the United States—all the bills we owe. sible. get the debt threat under control. The black line shown on the chart is I served on that commission. There Make no mistake, we do face a debt the 90-percent threshold line. Why does were 18 of us. Eleven of us agreed to threat of ominous proportions. that matter? Because we have just had the recommendations—five Democrats, Yesterday, the Congressional Budget the definitive economic study done on five Republicans, and one Independent. Office again warned us: ‘‘Debt crisis deficits and debt and economic growth. That proposal would reduce the debt looms absent major policy changes.’’ It was done by Professor Carmen from what it would otherwise be by $4 You go to the end of this article that Reinhart at the University of Mary- trillion. Mr. President, 5 Democrats, 5 was from the Associated Press, by Mr. land—she is no longer there; she was at Republicans, and 1 Independent—11 of Andrew Taylor, a respected writer, and the University of Maryland—and Pro- the 18 agreed to support the rec- it says: fessor Ken Rogoff at Harvard. Here is ommendations. We cut spending. We CBO says the debt increases the prob- what they concluded: cut domestic nondefense spending. We ability of a fiscal crisis in which investors cut defense spending. We took on the We examine the experience of 44 countries lose faith in U.S. bonds and force policy- spanning up to two centuries of data on cen- entitlements. And, yes, we raised rev- makers to make drastic spending cuts or tax tral government debt, inflation and growth. enue by $1 trillion over the next 10 hikes. Our main finding is that across both ad- years—not by raising tax rates. In fact, That is where we are headed if we do vanced countries and emerging markets, we cut tax rates. But we still got more not respond. And it is going to require high debt/GDP levels (90 percent and above) revenue because we expanded the tax a bipartisan response with Republicans are associated with notably lower growth base by reducing tax expenditures that and Democrats, because Republicans outcomes [for the future]. are now running $1.1 trillion a year. control the House of Representatives, This is not just about numbers on a Over the next 10 years, the tax ex- Democrats control the Senate, and page. This is about the future economic penditures of this country are going to there is a Democratic White House. prospects of our Nation. A failure to be $15 trillion. Let me repeat that. The So when Republicans—as I just heard act will consign us to a more limited tax expenditures in this country over on this floor—blame it all on the Presi- future. Fewer jobs, less economic the next 10 years—special loopholes, dent, that is not going to work. That is growth, less economic activity, a weak- deductions, exclusions, all the gim- not going to work, because Republicans er position for the United States in the micks that are in the Code—$15 tril- can block anything in this Chamber, world—that is where we are headed. lion. and Republicans control the House of We have been warned repeatedly. Not only did the Fiscal Commission Representatives. So guess what. They Quoting from the Wall Street Journal: come up with a recommendation of

VerDate Mar 15 2010 01:56 Jun 24, 2011 Jkt 099060 PO 00000 Frm 00006 Fmt 0624 Sfmt 0634 E:\CR\FM\G23JN6.008 S23JNPT1 tjames on DSKG8SOYB1PROD with SENATE June 23, 2011 CONGRESSIONAL RECORD — SENATE S4043 about $4 trillion, almost every other hance economic growth and stability in the cision in May of 2010 to enact a 6- group that has made a recommenda- long run, but could also yield substantial month moratorium on new oil drilling tion has called for debt reduction of near-term benefits in terms of lower long- in the gulf. His business continues to about $4 trillion over the next 10 years term interest rates and increased consumer struggle today because of the Depart- and business confidence. from what it would otherwise be: the ment of the Interior’s decision to slow Fiscal Commission, the Bipartisan Pol- This is a defining moment for our walk new drilling permits. Before these icy Center, the American Enterprise country. We can either continue to run actions, he had a thriving small busi- Institute, the Center for American head-long toward a debt crisis, or we ness that not only provided for his fam- Progress, the Heritage Foundation, the can join together, Republicans and ily but also for his employees. Roosevelt Institute—all of them saying Democrats, in a comprehensive plan to Today, they are barely staying we need to get this debt down. get our debt under control. That will afloat, and will likely close unless the Here is where we are headed, accord- require a comprehensive plan, one that administration changes course and ac- ing to the Congressional Budget Office. addresses spending—spending must be tually begins taking steps toward re- This is not the gross debt. This is the reduced. But it needs to be reduced covery instead of continued rhetoric. publicly held debt. It is headed for 233 when this economy is stronger. That is Another big drag on the economy is percent of the gross domestic product what every one of the bipartisan com- the amount of spending and debt. Yes- of the country if we fail to act. If, in- missions has concluded. Yes, spending terday the Congressional Budget Office stead, we would adopt the commission has to be cut, but not right this released their long-term budget out- proposal, you can see, as shown on this minute. It has to be part of a plan that look. This was certainly sobering read- chart, we would actually work the debt assures it will be cut, and it has to be ing. They pointed out that under the down, the publicly held debt, to 30 per- every part of spending: domestic dis- alternative fiscal scenario, in 2024, in- cent of GDP. cretionary spending, defense spend- terest costs, Social Security, and Every part of the budget has to be ing—yes, the entitlements have to be major health spending would exceed all scrutinized and has to generate sav- right-sized and we have to have the ad- of the revenue coming into the govern- ings. Here is what has happened to de- ditional revenue given the fact, the ment. fense spending since 1997. It has gone simple fact, that revenue is the lowest The need for action is clear. The Con- straight up, from $254 billion a year to it has been in 60 years as a share of our gressional Budget Office states that $688 billion a year. GDP, far lower than it has been in these levels of debt will cause incomes Secretary of Defense Gates said this: every one of the 5 years we have bal- to be between 7 percent and 18 percent [T]he budget of the Pentagon almost dou- anced the budget out of the last 40. lower in 2035 than they would be other- bled during the last decade. But our capabili- I urge my colleagues on both sides, wise. ties didn’t particularly expand. A lot of that now is the time for principled com- Another study by economists money went into infrastructure and over- promise. Now is the time to come to- Reinhart and Rogoff found that coun- head and, frankly, I think a culture that had gether to put in place a plan that deals tries with a debt-to-GDP level that is an open checkbook. with this debt threat, fundamentally greater than 90 percent—I would em- I think he got it right. When we look and assuredly. We have that oppor- phasize that we are currently at 95 per- at this growing debt, where did it come tunity. We should not let this oppor- cent—but that countries with a debt- from? The Washington Post had this tunity slip by. to-GDP level greater than 90 percent report on May 1: I yield the floor. grow at 1 percentage point less than The biggest culprit, by far, has been an The PRESIDING OFFICER (Mr. they would otherwise. In other words, erosion of tax revenue triggered largely by BROWN of Ohio). The Senator from when you are carrying this kind of a two recessions and multiple rounds of tax South Dakota. debt load, 90 percent debt to GDP, for a cuts. Together, the economy and the tax Mr. THUNE. Mr. President, I ask bills enacted under former president George sustained period of time, you are bleed- W. Bush, and to a lesser extent by President unanimous consent to enter into a col- ing about 1 percent of economic growth Obama, wiped out $6.3 trillion in anticipated loquy with my Republican colleagues every single year. revenue. That’s nearly half of the $12.7 tril- for up to 20 minutes. As we know from the President’s own lion swing from projected surpluses to real The PRESIDING OFFICER. Without economic advisers, a 1-percent reduc- debt. objection, it is so ordered. tion—1-percent drop in growth—trans- If we look back on the five times we Mr. THUNE. Mr. President, as we all lates into about 1 million lost jobs. One have balanced the budget in the last 40 know, the most important issues that of the places we see that has been hard years, revenue has been close to 20 per- are facing our country today are the hit in our country by the downturn is cent of GDP: 19.7 in 1969; 19.9 in 1998; economy, job creation, the national the State of Ohio. My colleague from 19.8 in 1999; 20.6 in 2000; 19.5 in 2001. debt, and excessive government spend- Ohio Senator PORTMAN is here. I would Where is revenue today? It is 14.8 per- ing. One of the things that is having a be interested perhaps in hearing from cent of GDP. And our friends across the huge effect on job creation and the him on whether he has seen the evi- aisle say it is only a spending problem. economy right now is regulation. dence of the recovery that was prom- Let’s get real. It is a spending problem The administration continues to ised by the administration or does his and it is a revenue problem. Let’s be overreach and overstep in the imple- economy in Ohio still reflect an econ- honest with the American people. mentation of dozens of new regula- omy that is held back by excessive reg- Martin Feldstein, the distinguished tions, be it the EPA regulating green- ulation, debt and spending. I would be conservative economist, said this: house gases, or the DOT’s recent pro- interested in the perspective of the Cutting tax expenditures is really the best posal that would require commercial Senator from Ohio on that particular way to reduce government spending . . . drivers’ licenses for farmers who drive subject. [E]liminating tax expenditures does not in- tractors. The PRESIDING OFFICER. The Sen- crease marginal tax rates or reduce the re- These oversteps have real con- ator from Ohio is recognized. ward for saving, investment or risk-taking. sequences in the form of jobs. Take, for Mr. PORTMAN. First of all, I thank It would also increase overall economic effi- instance, Mr. Thomas Clements from my colleague from South Dakota for ciency by removing incentives that distort Youngsville, LA, who is testifying private spending decisions. And eliminating coming to the floor today to talk about or consolidating the large number of over- today in front of the Senate Health, the economy and jobs. It is clearly a lapping tax-based subsidies would also great- Education, Labor and Pensions Com- top issue on the minds of folks in Ohio. ly simplify tax filing. In short, cutting tax mittee. Mr. Clements is a small busi- And, no, the Ohio economy is still expenditures is not at all like other ways of ness owner since 2008. He owns Oilfield hurting. We are not creating the jobs raising revenue. CMC Machining with his wife. They we hoped to create. Mr. Bernanke, the Chairman of the produce metal parts and systems for If you look at it nationally, there are Federal Reserve, has said this, and I offshore oil rigs. now 14 million Americans who are out will conclude on this point: His run-in with our overreaching ad- of work, and more than 1 million want Acting now to develop a credible program ministration started after the tragic to work but have given up looking for to reduce future deficits would not only en- 2010 BP oilspill with the President’s de- work. So when you look at what is

VerDate Mar 15 2010 01:56 Jun 24, 2011 Jkt 099060 PO 00000 Frm 00007 Fmt 0624 Sfmt 0634 E:\CR\FM\G23JN6.009 S23JNPT1 tjames on DSKG8SOYB1PROD with SENATE S4044 CONGRESSIONAL RECORD — SENATE June 23, 2011 going on out there, you add the 8.5 mil- impact employment, getting the econ- The question is, is this helping or lion Americans who are getting by omy back on track through smart hurting our economy? If you look at a with part-time jobs—even though they progrowth policies. recent Bloomberg poll, it found 65 per- would like to work full time—that is I know the Senator from South Da- cent of Americans think the debt is a about 23 million Americans suffering kota has done a lot of thinking about major reason why our unemployment from a lack of the full-time job they how do we get out of this mess we are rate is so high. The answer from the want. This unemployment issue con- in, instead of the spending. But I do American people is clear. tinues to be the No. 1 issue in Ohio and not know if the Senator has any I guess what I say to my colleague nationally. We have got to address it. thoughts about what the debt and the from Ohio—and he and I have worked You talked a little bit today about spending is doing to our economy. He together on ideas on how to get the some of the ways that we need to ap- mentioned the Rogoff and Reinhart economy going again and create an en- proach it, including the regulatory study showing that our economy would vironment conducive to job growth—is overreach and its impact on jobs and be growing much faster than it is now that, clearly, getting spending under small businesses. But let me talk about but for this big overhang of spending control here is a huge factor. As he even a deeper concern in Ohio. That is and deficit and debt. pointed out, there is lots of research the length of time people have been out I wonder if the Senator has addi- out there that demonstrates of work. The average unemployment tional thoughts. connectivity between spending and Mr. THUNE. I appreciate my col- now is 40 weeks. That is about 9 debt and the economy. I simply add league’s observations regarding his months. It is 9 months of stress, 9 that ratings agencies, such as Standard State, which is a pivotal State when it months of uncertainty, 9 months of & Poor’s and Moody’s, all gave a nega- comes to whether we are going to see wondering how to make ends meet. tive assessment to our credit rating; the economy recover. It is a State that This is, I am told, the worst statistic in and if that led to a downgrade in our feels the impact right away when you terms of length of being unemployed credit rating, it would reflect much have a down economy and job losses that we have had since the records higher interest rates for another nega- and all of the negative things that go were kept. So it is not just about these tive impact. with that. So I appreciate his perspec- Spending and debt have a profound terrible unemployment numbers, it is tive on it. Obviously, I wish I could say negative impact on our ability to grow the fact that when have you been out this administration’s policies have the economy and create jobs. The Sen- that long, you lose some of your job made the situation better. Unfortu- ator from Ohio has been a great leader skills, you have a gap in your resume, nately, the evidence overwhelmingly getting out there in talking about solu- and it is harder to get a job. This is not points to the President and his policies tions that would lead to job creation. I what was promised, by the way. making this situation worse—much am interested in hearing about some of If you look at what the President and worse. For example, the Senator men- what we might be able to do that is his economists promised when the tioned nondefense discretionary spend- clearly not being done today and, stimulus was passed, they said that un- ing, which is the part of spending that frankly, what I hope is contrary to the employment today would be about 6.7 the President has to sign into law policies put forward by this adminis- percent. Instead, it is over 9 percent— every year. It went up 4.1 percent. That tration, which are costing jobs. 9.1 percent. So it has not worked. The is astounding when you consider infla- Mr. PORTMAN. That is right. There President has called it a bump in the tion was about 2 percent over that are a number of things that can be road. Unfortunately, I think it is a lot time. Government spending was grow- done. There is no reason it can’t be more than that. ing 10 times the rate of inflation. done on a bipartisan basis. The Chairman of the Federal Reserve What is even more amazing, this I left a hearing in the Government talked about this yesterday, that he doesn’t include the increases in discre- Affairs Committee, where we talked was very concerned now about some of tionary spending attributed to stim- about regulations and their impact on the economic projections. He thinks we ulus. That was supposed to have the economy. Today, the cost of regu- are not in as good a shape as even the brought the unemployment rate down lations to the economy—in particular, projections—which were not very opti- to 6.7 percent. Clearly, we are over 9 small businesses—is about $1.75 tril- mistic—show. There was 1.8 percent percent today. lion. That is more than the IRS col- growth in the first quarter. At this There is no correlation between addi- lects in income taxes. There were both point in the last deep recession we had, tional spending and job creation. We Democrats and Republicans talking the growth was 7 percent. have clearly demonstrated that. That about proposals and who are concerned This chart is interesting because it spending level doesn’t include spending about the administration’s continued shows Federal spending as a percent of on the ‘‘Cash for Clunkers’’ program, regulations. The President said some of the economy, which as we all know has which was supposed to create jobs. It the right things, but there are more gone up significantly, and part of that doesn’t include ‘‘un-offset’’ increases in regulations that have a bigger impact. is because of the stimulus package and spending on mandatory programs that In Washington, it is tough to get this then the unemployment rate. Unfortu- are signed into law, such as additional under control without changing the nately, when you look at this, there unemployment insurance, Medicaid, or law, in my view. We need to have a bet- has not been an increase in spending trade adjustment assistance. It doesn’t ter process in the agencies to force and a decrease in unemployment. include the spending increases the them to look at cost-benefit analyses There has been an increase in spending President fought for but has been un- and force them to use the least-cost and an increase in unemployment. So successful in passing. burdensome alternatives. I talked this simple notion that you cannot Because of this exorbitant spending, about legislation in that area today, as spend your way to prosperity, which is we are at a point where 40 cents out of did Democrats and Republicans alike. a commonsense notion that most every dollar the Federal Government There are things we have to do. Re- Americans agree with, has been proven spends is borrowed. While most people garding the Senator’s point about the to be true. would look at this situation and say it impact of the debt and deficit on the Unfortunately, the stimulus package is time to do something about it to im- job front, the Senator is right. The poll did not lead to the kind of progress the prove the situation, the President he talked about indicated that 65 per- President and his team predicted. We clearly punted over the medium and cent of Americans think the debt and are all paying the price for it. So, in- long term, and his proposed budget deficit is a major factor in high unem- stead, we need to approach it in a dif- makes the situation even worse. In ployment. They are right. The study ferent way. fact, his proposed fiscal 2012 budget the Senator talked about said if the Again, as Senator THUNE mentioned would spend $46 trillion over a 10-year debt gets past 90 percent, it will cost earlier, part of the answer to this is time period, add $9.47 trillion to the our economy about a million jobs. We dealing with the regulations, dealing debt, and raise taxes by $1.6 trillion. So are now at about 100 percent, and it with our tax system, dealing with their prescription continues to be more will be 105 percent in 2012—next year. these high energy costs, dealing with spending, more borrowing, and higher This is what is happening. We are the high health care costs, which do taxes. going into that period where our debt

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That is something to deal with the deficit and debt issue, There are solutions. We talked about we ought to do. Again it is bipartisan. frankly, I think most Americans be- regulations. That is one of them. My Somehow we cannot seem to get lieve—and I believe they are right— hope is that this Senate can vote on these three relatively small trade this is overwhelmingly a spending sensible regulatory reform—and soon. agreements that we have already done issue. The story the Senator told earlier through the process. We need to do If you look at our 40-year average about the oil and gas industry, we that right now, because of this eco- spending, up until 2008 it was 20.6 per- should display that all over. The recent nomic crisis we face of unemployment cent of our GDP. The budget would proposed regulations from the EPA on and long-term unemployment. This have to spend about 24.3 percent of emissions from powerplants in terms of would help, in combination with a GDP. If you look at what we need to mercury—all of us want clean air. We more competitive workforce. focus on, I say to my colleague from know you have to have regulations, but On energy, another part of our seven- Ohio, it is clearly in the area of spend- the question is, how do you regulate? point plan—and this is a jobs plan to ing and debt control and dealing with These are very onerous and will have a get us back—we have to use our own that issue as opposed to the issue of big impact on my State. There is a resources. There is natural gas in revenue. I look forward to working study out saying it is going to result in places such as Ohio, and South Dakota with him on these issues. I hope we can thousands of jobs being lost, and a few and North Dakota have a lot of natural put policies into place that will grow powerplants being shut down, and elec- gas. We have the technology. Let’s use the economy and get people in this tricity costs increasing 10, 15 percent it. We may have the greatest resources country back to work. in our State. We cannot afford that. of natural gas in the world, based on The PRESIDING OFFICER. The Sen- But there is more than that. There is geological finds. We need to use that ator from Georgia is recognized. the Tax Code. We should, again, as a now, and we can help us get less de- Mr. ISAKSON. Mr. President, how body, and the House and the adminis- pendent on foreign oil. much time remains? Finally, health care costs. We talked The PRESIDING OFFICER. There is tration should reform our Tax Code to 1 about this earlier. There are some com- 2 ⁄2 minutes. make it simpler and more progrowth. Mr. ISAKSON. Mr. President, I ask monsense things we can do now to get It can be done. Economists across the unanimous consent that that be ex- health care costs down, including stop- spectrum say this current code is a tended by 3 minutes. mess. It doesn’t work because you are ping frivolous lawsuits, which we all The PRESIDING OFFICER. Without encouraging businesses to make invest- pay for, through sensible medical mal- objection, it is so ordered. ments and allocate resources based on practice reform. Some States do it f Tax Code-motivated interests rather well. It should be done on a national than business reasons. Getting rid of level to get the costs down. We should ACTIONS, NOT WORDS these preferences and clearing out the allow people to buy insurance across Mr. ISAKSON. Mr. President, I come Code, as happened in 1986, you could State lines. Several insurance compa- to the floor to talk about jobs, and also get more economic growth through the nies could compete for the business. to talk about an admonition I got from Tax Code reform. This would help get spending under my father when I was growing up: I think the time is here, and the control. We should reform the Tax Judge a man by his actions, not his President’s fiscal commission rec- Code, have regulatory relief, a more words. ommended this when they said, how do competitive workforce, increase jobs I intend to apply that, as well. We you look at the next 20, 30 years and through exports, enforce the trade should all be judged by our actions, not come up with a way to deal with the agreements, power America’s economy just our words. I am very disappointed deficit and debt? Economic growth with our own energy, and have sensible in what this administration is doing needs to be part of it. And part of it solutions to getting costs of health now. On the one hand, they are talking was tax reform, and making our work- care down, which will help create jobs. about jobs being the most important force more competitive. All of these things are proposals the thing America needs. Yet every single Today, we do spend money at the Senator has been working on, and I ap- action of the agencies is a job killer. Federal level on workforce develop- preciate that. Here is an example: The most recent ment. Yet it is not spent very effi- I ask the Senator a question. If the nominee to be the new Commerce Sec- ciently. There are some organizations Senator is focused on getting at this retary of the United States is a former that do it better than others. We issue, does he think we have a problem director of the Boeing Aircraft Com- should take their best practices and on the debt and deficit because of the pany. That aircraft corporation is now apply them generally. There are nine lack of revenue through taxation or is under a suit from the interim general different agencies and departments en- it through overspending? Does he have counsel of the NLRB to stop them from gaged in looking at how to improve our any thoughts or suggestions as to how opening a new plant that will employ workforce through the 21st century. It we deal with that? 1,000 people in the State of South Caro- is a Federal program that, when con- Mr. THUNE. I appreciate that. That lina, alleging they built the plant there nected with businesses, works; when it was a great description by the Senator. to strike back at the unions in Wash- is not, it doesn’t work well. There are The Senator from Ohio hit upon all the ington State, when in fact the opportunities to reform that program. relevant issues, if we are going to get Dreamliner, their main airliner, which It should be bipartisan. the economy going, creating jobs they have tremendous orders for, is I hear from communities and busi- again—talking about getting trade being built in Washington, but they nesses what is working and what is not deals done, and energy policy that re- had to expand another plant to meet working. Flexibility is the key. There lies upon American energy production, the demand for orders. They decided, in is a lot of redtape and bureaucracy. We keeping taxes and regulations low, the interest of the company, to have need to enforce our trade agreements common sense when it comes to energy one on the east coast and one on the and the international rules. Enforce- regulations, and getting spending and west coast. They weren’t retaliating. ment is critical. But we need to open debt under control. Those are all part They were trying to create jobs for a markets to our products. Every coun- of a solution that will grow the econ- great American product. The NLRB try is engaged in opening markets for omy. wants to stop 1,000 jobs from being cre- their products, workers, and service What I say to my colleague with re- ated on an allegation that it is some providers. We need to be more aggres- gard to the issue of taxing and spend- type of retribution. That is dead sive in forcing other countries to open ing is that a lot of people believe some- wrong.

VerDate Mar 15 2010 01:56 Jun 24, 2011 Jkt 099060 PO 00000 Frm 00009 Fmt 0624 Sfmt 0634 E:\CR\FM\G23JN6.015 S23JNPT1 tjames on DSKG8SOYB1PROD with SENATE S4046 CONGRESSIONAL RECORD — SENATE June 23, 2011 The NLRB this week came out with a time for this administration, and it is The Senator from Louisiana is recog- new admonition. That is, they are time for the Congress to do what the nized. going to change election rules so new American people have done: put our AMENDMENT NO. 499 elections, instead of being required to shoulder to the grindstone and do those Mr. VITTER. Mr. President, I would take 38 to 42 days, can have quickie things that bring American business like to close on my czar amendment union elections in 10 to 12 days, mak- back, our economy back, and bring jobs and encourage strong bipartisan sup- ing it much more difficult for manage- back to the greatest country on the port. ment to react to a union vote or a face of this Earth—the United States of Mr. President, we have a bill before union movement. America. us about the Senate advice and consent All these things are job creators. I Mr. President, I suggest the absence process—the Senate confirmation proc- am not here to demagogue unions or to of a quorum. ess—and I think it would be a tragedy demagogue this President for that mat- The PRESIDING OFFICER. The to consider any bill on that subject and ter. I just think fair is fair. If you say clerk will call the roll. not, in fact, address the biggest issue, you want to create jobs, don’t stop job The bill clerk proceeded to call the the biggest problem with that process creation. If you say you want the econ- roll. that exists now—certainly also in the omy to recover, do those things nec- Ms. COLLINS. Mr. President, I ask eyes of the American people—and that essary to empower business. unanimous consent that the order for is the abuse by the Executive, over sev- Let me take another example; that the quorum call be rescinded. eral administrations but culminating is, the National Mediation Board. The The PRESIDING OFFICER. Without in this administration, of appointing National Mediation Board is the agen- objection, it is so ordered. cy that regulates employment from the so-called czars as an end run around standpoint of airlines and railroads and f the U.S. Constitution, as an end run transportation entities. The NMB is 75 CONCLUSION OF MORNING around the powers of the Senate and years old. For 75 years, their rule on a BUSINESS the balance of power of advice and con- union election in a covered company is The PRESIDING OFFICER. Morning sent and confirmation. that 51 percent of the number of people business is closed. My amendment would fix that. It employed who would be unionized had f would defund czars and their offices. It to vote in order for a union to become is carefully crafted, it is carefully de- established. PRESIDENTIAL APPOINTMENT EF- fined, and it would say we are not Summarily, 11 days after their ap- FICIENCY AND STREAMLINING going to allow these czars to operate pointment under the new administra- ACT OF 2011 when they are essentially taking the tion, that 75-year-old rule was struck The PRESIDING OFFICER. Under place and the function of what should to become only a simple majority of the previous order, the Senate will re- be a Senate-confirmed position. Again, the number of people who vote, regard- sume consideration of S. 679, which the the language is careful. It is carefully less of how many people are going to be clerk will report. thought out, it is carefully crafted, and covered in employment. Now, that was The bill clerk read as follows: there are exceptions in the language specifically targeted at Delta Air- A bill (S. 679) to reduce the number of exec- which are important, so I commend all lines—an Atlanta company that be- utive positions subject to Senate confirma- my colleagues to look at that. But the came the largest airline in the world tion. main point is simple and clear and im- after buying Northwest and merging Pending: portant: We shouldn’t allow any Execu- the two. DeMint amendment No. 501, to repeal the tive, any administration, to end-run Northwest had union flight attend- the U.S. Constitution, to end-run the ants, Delta did not. Delta’s flight at- authority to provide certain loans to the International Monetary Fund, the increase Senate’s important and appropriate tendants had twice in the last decade in the United States quota to the Fund, and role of confirmation, or advice and con- rejected unionization in a vote of 50 certain other related authorities, and rescind sent. percent plus 1 of all employees covered. related appropriated amounts; So I encourage all of my colleagues The change in this rule was specifically DeMint amendment No. 510, to strike the to support this amendment. targeted to try to force Delta to go provision relating to the Director, Bureau of from a nonunion shop in their flight at- Justice Statistics; In closing, I thank several Members tendants to a union shop. But even DeMint amendment No. 511, to enhance ac- who have cosponsored the amend- after an aggressive change in law and countability and transparency among var- ment—Senators PAUL and HELLER and by the unions, the flight attendants ious Executive agencies; GRASSLEY—and I also thank very much Vitter amendment No. 499, to end the ap- Senator COLLINS, who has been a leader still voted—under the new rule, which pointments of Presidential czars who have is much easier—not to unionize. on this effort and has freestanding leg- not been subject to the advice and consent of islation on the topic which I support. Still not satisfied, the National Medi- the Senate and to prohibit funds for any sal- ation Board has now filed an action aries and expenses for appointed czars; We have and will continue to consult against Delta alleging improper activi- Coburn amendment No. 500, to prevent the on this issue until we properly get the ties. I find this very ironic since in the creation of duplicative and overlapping Fed- job done. FAA conference committee, which I eral programs; Mr. President, I reserve the remain- am a part of today, we are trying to Portman amendment No. 509, to provide der of my time. get a chance for airlines and those cov- that the provisions relating to the Assistant Ms. COLLINS. Mr. President, I sug- ered to be able to have a legal action Secretary (Comptroller) of the Navy, the As- sistant Secretary (Comptroller) of the Army, gest the absence of a quorum, and I ask against a ruling of the NMB if they and the Assistant Secretary (Comptroller) of unanimous consent that the time dur- suspect the NMB ruled unfairly. The the Air Force, the chief financial officer po- ing the quorum call be equally allo- NMB has rejected that entirely, the sitions, and the Controller of the Office of cated to both sides. leadership of this body has rejected it Management and Budget shall not take ef- The PRESIDING OFFICER. Without entirely, and that conference report fect; objection, it is so ordered. languishes—all over an issue that Cornyn amendment No. 504, to strike the The clerk will call the roll. would create jobs, but instead they provisions relating to the Comptroller of the Army, the Comptroller of the Navy, and the The bill clerk proceeded to call the want to retard jobs. roll. My message in coming to the floor is Comptroller of the Air Force. very simple. Actions count, words The PRESIDING OFFICER. Under Mr. DEMINT. Mr. President I ask don’t matter, simply talking about cre- the previous order, there will be up to that the quorum call be suspended. ating jobs don’t mean a thing if we are 30 minutes of debate, with the Senator The PRESIDING OFFICER. Without taking actions that stymie business or from Louisiana, the Senator from objection, it is so ordered. punish people from making invest- South Carolina, the Senator from Ne- The Senator from South Carolina. ments that bring about employment. vada, or his designee, and the Senator Mr. DEMINT. I would like to speak It is time for this President, it is from Kentucky, or his designee, each on my amendment which will be voted time for each of us in the Senate, it is controlling 71⁄2 minutes. on in a few minutes.

VerDate Mar 15 2010 01:56 Jun 24, 2011 Jkt 099060 PO 00000 Frm 00010 Fmt 0624 Sfmt 0634 E:\CR\FM\G23JN6.016 S23JNPT1 tjames on DSKG8SOYB1PROD with SENATE June 23, 2011 CONGRESSIONAL RECORD — SENATE S4047 AMENDMENT NO. 510 policy decisions. If the agency becomes of statistics, where they are dissemi- This amendment would strike the Di- a tool of the party in power, that will nating information all over the coun- rector of the Bureau of Justice Statis- no longer be the case. try that so many respond to, needs to tics from the list of the Senate-con- When James Lynch, the nominee for be credible and independent. I encour- firmed positions that would be removed the Director of the Bureau of Justice age my colleagues to keep this one po- from the confirmation process. I wish Statistics, was asked in his confirma- sition in the confirmation process so to explain why this is important be- tion hearing what the biggest chal- we will have an opportunity to make cause this seems to be something that lenge for the Bureau of Justice Statis- sure that, regardless of which party is maybe would not be important to pull tics moving forward was, he responded: in power, we have a credible, inde- out from this long list of nominees who ‘‘I think the biggest challenges of the pendent voice dealing with these sta- no longer need be confirmed. It is very Bureau of Justice Statistics moving tistics. important that this particular posi- forward are the perennial challenges to I thank the President for yielding me tion, this nominee for this position, be a statistical agency; that is to say, to a little more time. I yield back. vetted and confirmed by the Senate. maintain its credibility as an inde- The PRESIDING OFFICER. The Sen- It is often said statistics don’t lie; pendent Federal statistical agency.’’ ator from Louisiana. people do. Particularly in this busi- It is important we hear that. It is im- AMENDMENT NO. 499 ness, we have seen one set of statistics portant Americans hear that, and we Mr. VITTER. Mr. President, I ask be interpreted and publicized in totally will not have that opportunity if this unanimous consent that Senator BAR- different ways, and that is why this po- position is no longer confirmed. RASSO be added as a cosponsor. sition is so important. The role they It is not often that you hear a nomi- The PRESIDING OFFICER. Without have is critical. In a democracy and in nee suggest that the No. 1 challenge he objection, it is so ordered. a free country, one of the most impor- faces in assuming a position is to main- The Senator from Maine is recog- tant aspects to protect against is that tain the credibility and independence nized. Ms. COLLINS. Mr. President, I just risk of the government becoming a of the agency he is about to run. But, wish to indicate my support for the propaganda machine. as Dr. Lynch said, that is the nature of amendment offered by the Senator I wish to read what this particular a statistical agency, and it is precisely position does: The Bureau of Justice from Louisiana. the reason why we should not remove Although it is drafted a little dif- Statistics collects, analyzes, publishes, this position from the confirmation ferently than I would have done it, it and disseminates information on process. does address a real problem; that is, crime, criminal offenders, crime vic- The questions at the live hearing and when the President—this President or tims, and criminal justice operations. the submitted written questions appro- any President—creates a new position It is very important. This informa- priately focused almost exclusively on within the White House that is duplication is acted on by local, State, and this issue of credibility, independence, tive of a Cabinet member’s responsibil- Federal officials. Lots of our laws are and accountability. ities, the result is we lose our ability shaped and based on this information. How do we protect the Director from to exercise accountability for the poli- Statistics are only as valuable as the political influence and tampering by cies that individual comes up with. Let reputation of the statistician, and that the executive? There was discussion me give you a specific example. is what this position is. about ways to restructure the office to EPA is a Senate-Presidential ap- Every Member of this body knows make it more independent and further pointee, Senate-confirmed position, the how to write a question so you get the reinforce its independent roll. There Administrator of the EPA. Yet Presi- answer you want. If we are going to was discussion of moving the director dent Obama created a position within have a Bureau of Justice Statistics, to a 6-year term to further reinforce the White House where there is essen- don’t we want the public to have some his independence, a proposal that the tially an environmental czar, and this level of trust in the data they publish? nominee supports. Of course, a 6-year individual—Carol Browner, who has If we just put some political hack in term would imply Senate confirma- since left, actually negotiated a deal this position—as, unfortunately, has tion. with the automobile industry having to happened over administrations of both In every way possible, the committee do with emissions. Well, the problem parties, not necessarily for this posi- and nominee discussed ways to solidify with that is, it is circumventing tion but we know in some positions—it the independence of the position and Congress’s ability to hold accountable would totally discredit what this per- protect it from political influence. In the person who is involved in making son does. So do we want the public to the context of these discussions, it was and coordinating that policy. think they are cooking the books to once suggested that we remove the po- What the Senator from Louisiana is promote policy ends on issues such as sition from the confirmation process. trying to get at is the creation of these gun control, hate crimes, racial The PRESIDING OFFICER. The Sen- unaccountable czars within the White profiling, immigration, drug policy, ator’s time has expired. House who are doing the job that is and so forth? If we cannot absolutely Mr. DEMINT. Mr. President, I ask supposed to be done by a Cabinet offi- trust the impartiality of the manage- unanimous consent for 2 more minutes. cial, by a Presidentially appointed, ment of the Bureau, we should abolish The PRESIDING OFFICER. Without Senate-confirmed official. it and give the money back to the tax- objection, it is so ordered. So I support the amendment. payers. Mr. DEMINT. With all the nominees I yield the floor. We know we are $14 trillion in debt. who are confirmed in the Senate with The PRESIDING OFFICER. The sen- Our Nation is on the brink of financial no debate or vote, it would seem the ior Senator from New York is recog- collapse. My constituents have no in- confirmation process is serving a pur- nized. terest in borrowing money from the pose. Mr. SCHUMER. Mr. President, before Chinese to fund the Bureau to compile First, there are things that happen I get into the substance of my remarks, crime statistics if we can’t trust the behind the scenes to vet and review I ask unanimous consent that notwith- numbers. If there is even a hint of bias these nominees and their backgrounds. standing the previous order, the vote in of a political agenda or of the head of Unfortunately, as we have seen, the relation to the Vitter amendment No. this Bureau being friendly to the per- President, in some cases, with what we 499 occur at 12:30 and the vote in rela- spective of whatever party is in the call czars in other positions and recess tion to the DeMint amendment No. 510 White House, then we should abolish appointments, has sidestepped that. occur at 2 p.m, with the remaining pro- the agency. That has reduced the credibility in visions of the previous order remaining In the past, those on the right have these positions, but let me just focus in effect. been suspicious that the Bureau of Jus- again on this one position. The PRESIDING OFFICER. Is there tice Statistics has had a bias against We never want the American Govern- objection? gun rights and against the first amendment to be accused of being a propa- Ms. COLLINS. Mr. President, I want ment. Whether that is true, who ganda machine, as we see from govern- to make sure this has been cleared knows. BJS statistics are used to form ments all over the world. This one area with the Senator from South Carolina?

VerDate Mar 15 2010 01:56 Jun 24, 2011 Jkt 099060 PO 00000 Frm 00011 Fmt 0624 Sfmt 0634 E:\CR\FM\G23JN6.018 S23JNPT1 tjames on DSKG8SOYB1PROD with SENATE S4048 CONGRESSIONAL RECORD — SENATE June 23, 2011 Mr. SCHUMER. It has. index fingers to the wind, we carefully some of her colleagues signaled their Ms. COLLINS. I have no objection. debated the nuances of the changes intention to introduce a discharge res- The PRESIDING OFFICER. Without that were ultimately proposed. olution for a vote on H.R. 639, the Cur- objection, it is so ordered. The change the Senator from South rency Reform for Fair Trade Act. I ap- Mr. SCHUMER. Mr. President, it is Carolina finds fault with involves the plaud those in this body and in the our intention to work on setting up ad- Bureau of Justice Statistics. Let me House of Representatives who want to ditional votes this afternoon following tell you about this position. The Direc- push on currency reform and encourage the vote on the DeMint amendment No. tor of the Bureau of Justice Statistics the Speaker and House leadership to 510. reports to the Senate-confirmed Assist- support this position. Mr. President, I rise in strong opposi- ant Attorney General for the Office of Similar legislation to this passed tion to the amendment offered by my Justice Programs, who then reports to overwhelmingly with strong biparti- colleague from Louisiana, Senator VIT- the Senate-confirmed Associate Attor- sanship in the last Congress. Senator TER. As you know, the underlying bill ney General, who then reports to the SNOWE from Maine and I introduced is the product of a bipartisan gentle- Senate-confirmed Deputy Attorney that legislation in the Senate. It would men’s agreement reached earlier this General, who—you guessed it—reports strengthen countervailing duty laws to year that seeks to streamline and oth- to the Attorney General, also con- consider undervalued currency as an erwise improve the efficiency of the firmed. How much more oversight do unfair subsidy in determining duty Senate’s confirmation process. The we need for one man? Is four levels of rates. Senator from Maine, the Senator from congressional oversight not enough? What does that mean? What that Tennessee, the Senator from Con- It is clear to me that this amend- means is that in essence we have lost necticut, and myself, as well as the ment is really designed to hamper our jobs in this country because too often leaders, Leader REID and Leader goal of improving the way the Senate the playing field in our trade relationship with the People’s Republic of MCCONNELL, have been heavily in- functions. After all, there are four volved in this process. similar positions at the Department of China is simply not level. We know that China in far too many cases sub- The amendment offered by Mr. VIT- Justice with parallel lines of reporting sidizes energy. We know they subsidize TER runs counter to the spirit of com- that we plan to remove from Senate land. We know they subsidize capital. ity behind this important bill. It is a confirmation, but the Senator from We know they subsidize production in poison pill designed to handcuff the South Carolina does not take aim at various ways. We also know in terms of President’s ability to assemble a team those. Simply put, this is a prime ex- currency that China does not play fair- of topflight advisers and aides. The ample of the type of amendment that amendment is nothing new. It has been ly. slows the Senate down, the type of When an industry such as the coated- introduced several times in several amendment that is really aimed at pre- paper industry in Hamilton, OH, in iterations. venting the passage of this bill. southwest Ohio, north of Cincinnati, or Now is the time to move forward. It The number of Senate-confirmed po- the aluminum industry in western is one of those moments when we can sitions has increased by hundreds over Ohio, in Sidney, or the steel industry bridge the partisan divide and make the last few decades. As you know, this in Lorain, OH—when an industry peti- the Senate a more efficient body. It is proliferation has slowed the confirma- tions the International Trade Commis- not the time or place to relitigate old tion process to a near standstill. What sion for relief against unfair subsidies, and, frankly, silly political battles used to be a flowing, functioning faucet currency manipulation would be part about so-called czars. now trickles. of that investigation. That bill would It is our constitutionally mandated This position is one of those midlevel make sure that happens. It is simple, it duty as Senators to ensure that the positions that should be removed to is straightforward, and it is achievable. most important positions in govern- free up our process so we can focus our It sends a signal to our trading partment are confirmed in a timely man- time on the positions that are more ners that we will not accept unfair ad- ner. With the underlying bill, we fi- senior, that do not report to so many vantage over American workers and nally begin to break the logjam that other levels of Senate-confirmed posi- American businesses. I can’t count the holds up senior positions by taking tions. Removing Senate confirmation number of times—I know that in North midlevel, nonpolicy positions off the for this position does not in any way Carolina the Presiding Officer has seen docket. weaken our constitutional advice and the same situation in textiles and I oppose the amendment and urge my consent power or give any extra power other industries—where, simply put, colleagues to vote against it. to the President. This power was given American workers have trouble com- I yield the floor. to us to be used to confirm the most peting and American businesses have The PRESIDING OFFICER. The Sen- senior policymaking positions, and the trouble selling their products because ator from Maine. President has power to appoint his of unfair trade advantages that coun- Ms. COLLINS. Mr. President, I sug- midlevel and lower level appointees. tries and companies in those countries gest the absence of a quorum. I oppose this amendment, which will have inflicted on the United States. The PRESIDING OFFICER. The be voted on after our respective Don’t forget the stakes. We are all clerk will call the roll. lunches, and urge my colleagues to join concerned about the budget deficit, to The bill clerk proceeded to call the me in voting against it. be sure, and we heard Senator CONRAD roll. I yield the floor. earlier talking about that in a con- Mr. SCHUMER. Mr. President, I ask I suggest the absence of a quorum. vincing and persuasive way. Cut the unanimous consent that the order for The PRESIDING OFFICER (Mrs. budget. Set it up long term, medium the quorum call be rescinded. HAGAN). The clerk will call the roll. term. Don’t do it right now, as Chair- The PRESIDING OFFICER. Without The legislative clerk proceeded to man Bernanke, a Republican ap- objection, it is so ordered. call the roll. pointee, says. That will cost us jobs. AMENDMENT NO. 510 Mr. BROWN of Ohio. Madam Presi- But build in deficit reductions. Think Mr. SCHUMER. Mr. President, I also dent, I ask unanimous consent that the about the budget deficit, but don’t for- rise now because of the change in the order for the quorum call be rescinded. get the trade deficit. time schedule to speak against the The PRESIDING OFFICER. Without Over the last 10 years, particularly amendment offered by Mr. DEMINT. objection, it is so ordered. since most favored nation with China Like the Vitter amendment, this Mr. BROWN of Ohio. I ask unanimous and NAFTA and the Bush administra- amendment is opposed to the great consent to speak in morning business tion’s trade agenda on CAFTA and the spirit of comity behind the underlying for no more than 10 minutes. other trade agreements and lack of en- bill. The PRESIDING OFFICER. Without forcement on those trade agreements, I would like to remind my colleague objection, it is so ordered. we have seen job losses because of from South Carolina that the bipar- CURRENCY MANIPULATION those trade agreements. tisan working group labored over every Mr. BROWN of Ohio. Mr. President, President Bush once said that $1 bil- decision we made. Far from lifting our last week Minority Leader PELOSI and lion in trade surplus or trade deficit

VerDate Mar 15 2010 01:56 Jun 24, 2011 Jkt 099060 PO 00000 Frm 00012 Fmt 0624 Sfmt 0634 E:\CR\FM\G23JN6.019 S23JNPT1 tjames on DSKG8SOYB1PROD with SENATE June 23, 2011 CONGRESSIONAL RECORD — SENATE S4049 translates into 13,000 jobs. Why is that? working. Currency reform is one major AMENDMENT NO. 514 If you have a budget surplus of $1 bil- step in fixing that. It is something that Mr. TOOMEY. Madam President, I lion, you have 13,000 more jobs in your I hope this Senate takes up sooner have an amendment at the desk, and I country. If you have a trade deficit of rather than later and that the House of ask for its immediate consideration. $1 billion, you have 13,000 fewer. The Representatives does the same. The PRESIDING OFFICER. The reason is clear: If you have a $1 billion I yield the floor. clerk will report the amendment. trade deficit, it means you are buying I suggest the absence of a quorum. The legislative clerk read as follows: $1 billion worth of goods more from The PRESIDING OFFICER. The The Senator from Pennsylvania [Mr. country X—China, let’s say—than you clerk will call the roll. TOOMEY] proposes an amendment numbered are selling to China. That means $1 bil- The legislative clerk proceeded to 514. lion worth of more production is tak- call the roll. Mr. TOOMEY. I ask unanimous con- ing place in China than in the United Ms. COLLINS. Madam President, I sent that the reading of the amend- States. That is OK, but when the num- ask unanimous consent that the order ment be dispensed with. bers are hundreds of billions of dol- for the quorum call be rescinded. The PRESIDING OFFICER. Without lars—our trade deficit is fluctuating The PRESIDING OFFICER. Without objection, it is so ordered. between $400 and $750 billion, between objection, it is so ordered. The amendment is as follows: $1 billion a day and $2 billion a day— Under the previous order, the ques- (Purpose: To strike the provision relating to that is real jobs. Multiply those job tion occurs on agreeing to amendment the Governors and alternate governors of numbers—13,000 for $1 billion—and you No. 499, offered by the Senator from the International Monetary Fund and the see the kind of job losses we have in Louisiana, Mr. VITTER. International Bank for Reconstruction and Development) the United States of America, espe- Ms. COLLINS. Madam President, I cially in manufacturing, hitting those ask for the yeas and nays. On page 63, strike lines 3 through 18. communities such as Lorain or Mans- The PRESIDING OFFICER. Is there a Mr. TOOMEY. Madam President, I field or Springfield or Dayton or sufficient second? ask unanimous consent to add Senator Youngstown or Cleveland or cities in There is a sufficient second. VITTER as a cosponsor of this amend- western New York, in Syracuse or The clerk will call the roll. ment. Rochester or cities in North Carolina. The legislative clerk called the roll. The PRESIDING OFFICER. Without You can see what it has done in small Mr. KYL. The following Senators are objection, it is so ordered. towns and urban areas alike to our job necessarily absent: the Senator from Mr. TOOMEY. I rise to offer an growth. Arkansas (Mr. BOOZMAN) and the Sen- amendment to retain the Senate con- In April 2011, our total trade deficit ator from Kansas (Mr. MORAN). firmation process for two positions: the in that month alone was $54 billion. The PRESIDING OFFICER. Are there position of Governor and Alternate Our trade deficit with China in that any other Senators in the Chamber de- Governor of the IMF and the Inter- month alone was $21 billion. siring to vote? national Bank for Reconstruction and Paul Krugman, a columnist with the The result was announced—yeas 47, Development. New York Times, said: nays 51, as follows: The Board of Governors at the IMF is If you want a trade policy that helps em- [Rollcall Vote No. 95 Leg.] the highest level of governance of the IMF. Currently, the Governor and the ployment, it has to be a policy that induces YEAS—47 other countries to run bigger deficits or Alternative Governor are both subject Alexander Graham McConnell smaller surpluses. A countervailing duty on to Senate confirmation. This bill would Ayotte Grassley Murkowski Chinese exports would be job creating; a deal Barrasso Hatch Nelson (NE) change that. This bill would remove with South Korea, not. Blunt Heller Paul them from the Senate confirmation I am not here today to argue or de- Brown (MA) Hoeven Portman process. Burr Hutchison bate or even be critical of the free- Risch I think I understand the rationale be- Chambliss Inhofe Roberts trade agreement with South Korea. I Coats Isakson Rubio hind that thinking. It is probably be- Coburn Johanns think it is a bad idea. I hear the prom- Sessions cause, by custom, the United States Cochran Johnson (WI) Shelby has appointed the Secretary of the ises of administration after adminis- Collins Kirk Snowe tration. This administration at least Corker Kyl Treasury as the Governor designate to has not overpromised, as the Bush and Cornyn Lee Thune the IMF and the Chairman of the Fed- Toomey Clinton administrations did, on the Crapo Lugar eral Reserve as the Alternate Gov- DeMint Manchin Vitter creation of jobs and trade, but we know Enzi McCain Wicker ernor. So since those folks have al- that every time there is a trade agree- ready been through a Senate confirma- ment, the trade deficit goes up and job NAYS—51 tion process, no doubt the thought was loss accelerates, especially in manufac- Akaka Gillibrand Murray that we did not need to have a separate Baucus Hagan Nelson (FL) turing. Begich Harkin Pryor one. The point is that one major thing we Bennet Inouye Reed Here is the reason for my amend- can do about this is what the House of Bingaman Johnson (SD) Reid ment; that is, the decision to appoint Representatives is trying to do; that is, Blumenthal Kerry Rockefeller these two individuals to these two Boxer Klobuchar Sanders pass the Currency Reform for Fair Brown (OH) Kohl Schumer posts has been by custom, and there is Trade Act. It will simply mean that Cantwell Landrieu Shaheen nothing in statute or otherwise that re- China and the United States are on a Cardin Lautenberg Stabenow quires the President to appoint these Carper Leahy Tester more even, more level playing field, a Casey Levin Udall (CO) two individuals. The President—any fu- more even relationship. It will save and Conrad Lieberman Udall (NM) ture President—could choose to nomi- help to increase manufacturing jobs. Coons McCaskill Warner nate anyone he or she may like. I think We know manufacturing jobs are a Durbin Menendez Webb it is very important in that event the Feinstein Merkley Whitehouse ticket to the middle class. Franken Mikulski Wyden Senate would continue to have the In Germany, 20 percent of its work- oversight that comes with the advice force is in manufacturing. Only 10 per- NOT VOTING—2 and consent that my amendment would cent of our workforce is in manufac- Boozman Moran retain. turing. Germany has higher unioniza- The PRESIDING OFFICER. On this The truth is, the United States is the tion rates, higher wages, and a trade vote the yeas are 47, the nays are 51. largest lender to the IMF, and right surplus. Under the previous order requiring 60 now the IMF is in the process of using The United States has, as I pointed votes for the adoption of this amend- U.S. taxpayer dollars to bail out out, almost a $1 billion-a-day trade def- ment, the amendment is not agreed to. Greece and perhaps other countries. At icit with China—somewhat less than Under the previous order, the motion a time when Greece and Europe are vir- that; not much—and up to a $2 billion- to reconsider is considered made and tually drowning in debt, I do not think a-day trade deficit with the world as a laid upon the table. the Senate should be conceding its con- whole. Clearly our trade policy is not The Senator from Pennsylvania. firmation authority and potentially

VerDate Mar 15 2010 01:56 Jun 24, 2011 Jkt 099060 PO 00000 Frm 00013 Fmt 0624 Sfmt 0634 E:\CR\FM\G23JN6.021 S23JNPT1 tjames on DSKG8SOYB1PROD with SENATE S4050 CONGRESSIONAL RECORD — SENATE June 23, 2011 thereby reducing its oversight over the In 2010, the IMF bailout of Greece words, noncombat activities—meaning key IMF officials responsible for over- was more than 3,000 percent of Greece’s no limited strike missions to suppress seeing tens of billions of U.S. taxpayer IMF quota. Typically, the size of loans air defenses or predator strikes against dollars. such as this is no more than 200 to 600 Qadhafi forces, which we are doing very I think we all know, the United percent of a nation’s quota. This was little of already. The only military ac- States does not even have its own fis- 3,000 percent. tions for which the Commander in cal house in order. One of the biggest problems with Chief could commit our Armed Forces Yet here we are giving over $100 bil- going down this road of having multi- would be supporting missions from lion to the IMF for them to, in turn, national institutions bailing out insol- search and rescue to aerial refueling to lend money to insolvent governments. vent countries is the moral hazard. intelligence. That doesn’t make sense to me. We are There are a number of countries Those are the provisions in what is running a $1.5 trillion deficit, nearly 10 around Europe that are in substantial very likely to be voted on and passed percent of our entire economy. Our trouble, with varying degrees of fiscal by the House of Representatives tomor- debt is at 69 percent of our GDP and problems, and some are teetering on row. rising rapidly. It seems to me that the edge of insolvency. What is the Some may not see a connection be- American taxpayers should not be message we are sending to those gov- tween these decisions, but the connec- asked to bail out European govern- ernments if multinationals come in tion is profound. We are having a profound debate in this country right now ments that clearly haven’t been able to and bail out Greece? The message is: that I suspect will continue for some get their act together. But recently, we Don’t make the tough decisions now time. Critical questions are being actually expanded the liability U.S. and impose the kinds of austerity you asked and discussed: How should we in taxpayers have to the IMF. need because someday somebody will the United States define our national Let me comment for a minute spe- come along and bail you out of this interests? What is the proper role for cifically on this idea of bailing out problem. That is a very bad policy. America in the world? How do we bal- Greece because I think it is a very bad Most of all, we ought not to be put- ance our commitments abroad and the idea. Greek debt exceeds 150 percent of ting U.S. taxpayers in this position of global demands for U.S. leadership their total economy now. The Brook- taking on this liability, which I am with an American public that is justifi- ings Institute estimates that bribery afraid is not going to be repaid. The re- ably war weary after a decade of con- and corruption alone amount to 8 per- ality is, Congress has very limited flict and that is rightly concerned with cent of GDP annually. The Greek oversight over IMF, by design—very our unsustainable levels of government workforce has a very low productivity limited authority. One of the few spending and national debt? rate. There is a very low percentage of checks we do have is the ability to pro- These are vital questions. They will their population engaged in the work- vide or to withhold our consent with determine the future of our Nation force. By any measure, this is an econ- respect to those who are nominated to and, indeed, the future of the world. omy that is in a downward spiral. that powerful governing board. I don’t Reasonable Americans can disagree Despite that and despite a $160 billion think, at a time when the IMF is going over what the right answers are. Al- bailout last May, in 2011, the Greek out putting tens of billions of U.S. tax- though our disagreements may be heat- Government decided to increase its payer dollars at risk, bailing out irre- ed and passionate, we should always re- total expenditures. While running this sponsible and insolvent foreign coun- member that we are all Americans, staggering and unsustainable govern- tries—at a time such as this, I don’t that we are all patriotic, and that we ment, their government’s decision was think we should be doing anything to all want to do what is best for the Na- to increase spending. The fact is, unfor- relinquish that authority we have, to tion we love. tunately, no loan, no matter how large, diminish the opportunity we would The discussions we are now having no matter from where it comes, is have to provide that advice and con- over Libya and Afghanistan go right to going to solve Greece’s problems. It is sent. the heart of this broader debate, and not that Greece has a problem with li- With that, I yield the floor and sug- this is where we see the real practical quidity; their problem is solvency. gest the absence of a quorum. impact of the decisions all of us in pub- Greece is insolvent. It cannot, and The PRESIDING OFFICER. The lic life must make and be accountable therefore will not, repay all its debt. clerk will call the roll. for. We are all trying to define Amer- The danger is going down this road The assistant legislative clerk pro- ica’s interests and role in the world, to and having the IMF and other multi- ceeded to call the roll. separate that which we can and must nationals lending money to Greece Mr. MCCAIN. Mr. President, I ask do from that which is beyond our ca- now, and we are effectively replacing unanimous consent that the order for pacity and our benefit to try to accom- the existing loans made by private the quorum call be rescinded. plish. We are all striving for a balanced banks—essentially European banks— The PRESIDING OFFICER (Mr. approach to America’s interests with taxpayer dollars provided by these COONS). Without objection, it is so or- abroad, and it is for that reason I am big institutions. dered. very concerned about both the Presi- Essentially, the Greek Government is Mr. MCCAIN. Mr. President, I ask dent’s decision on Afghanistan and the going to default on the debt. The only unanimous consent that I be recog- House’s pending vote on Libya. question is, Upon whose debt? Will it nized for the purpose of speaking as in I agree with the President that, be that of the private banks that lent morning business. thanks especially to the sacrifice and them the money, as I believe it ought The PRESIDING OFFICER. Without courage of our fighting men and to be—those are the people who made objection, it is so ordered. women, we are making amazing the imprudent decision when they ex- LIBYA AND AFGHANISTAN progress in Afghanistan. This progress tended money to a fundamentally in- Mr. MCCAIN. Mr. President, I speak is real and it is remarkable. But as our solvent government—or will it be tax- today on a day that appears to be posi- commanders on the ground all point payer-funded institutions because tioned between two very consequential out, it is also fragile and reversible. those institutions have taken out the decisions. Our commanders also say what will be debt of the private banks? Yesterday, the President announced decisive is the fighting season next I am afraid that is where we are his plan to draw down U.S. forces in Af- year—the warmer spring and summer heading, and that will include U.S. tax- ghanistan, pledging to pull out 10,000 months—when the insurgency histori- payer dollars. I think it is a big mis- troops this year and the remaining cally picks up its operations after rest- take. It is also an unusual transaction 23,000 surge forces by September of ing and regrouping a bit during the for IMF, primarily for two reasons. It 2012. colder months. This will be our oppor- is unusual to lend money to developed Tomorrow, the House of Representa- tunity to consolidate our gains in economies. Usually, this kind of pro- tives will likely vote on a measure to southern Afghanistan and begin gram goes to developing nations. But it limit the use of U.S. funding for U.S. transitioning more and more of that is even more unusual in the magnitude, military operations in Libya to only fight to our Afghan friends, while in- the sheer scale of this. ‘‘nonkinetic activities’’—in other creasing numbers of U.S. forces shift

VerDate Mar 15 2010 01:56 Jun 24, 2011 Jkt 099060 PO 00000 Frm 00014 Fmt 0624 Sfmt 0634 E:\CR\FM\G23JN6.031 S23JNPT1 tjames on DSKG8SOYB1PROD with SENATE June 23, 2011 CONGRESSIONAL RECORD — SENATE S4051 their main effort to eastern Afghani- administration has shown Congress, to say we must act wherever and when- stan where the Haqqani network, al- their bizarre assertion we are not real- ever our ideals are threatened. This is Qaida, and other regional militant ly engaged in the hostilities in Libya, not to say military action is always groups are still present and operating to the lack of resolve with which they the right answer, nor is this a recipe actively. have prosecuted this fight and made for endless conflict and commitment. The reason our commanders had to the public case for it, the administra- America is powerful, but we are not take this sequential approach is be- tion has done an unfortunate amount omnipotent. We must make hard cause they did not get all the forces to earn the ire of Congress. But we choices about where to spend our blood they requested in 2009—40,000 troops as can’t forget the main point: In the and treasure. opposed to the 33,000 the President midst of the most ground-breaking geo- There will be more occasions than gave them. What this means in prac- political event in two decades, at least, not when we will choose not to inter- tice is that our commanders in Afghan- as peaceful protests for democracy vene, either because our interests do istan still need next year’s fighting were sweeping the Middle East, with not warrant it or because we don’t have season to deal the same crushing blow Qadhafi’s forces to strike at the gates the capacity to do so or because great- to al-Qaida and the Taliban in the east of Benghazi, and with Arabs and Mus- er American involvement will not im- as our forces have dealt them in the lims in Libya and across the region prove the situation. When we choose south. However, under the President’s pleading for the U.S. military to stop not to intervene forcefully in places plan, which calls for having all of our the bloodshed, the United States and where the cause of justice is calling out surge units out of Afghanistan by Sep- our allies took action and prevented to us, be it Sudan or the Congo or tember, those troops will begin flowing the massacre that Qadhafi had prom- Syria or countless other places where I out of Afghanistan right at the time ised to commit in a city of 700,000 peo- and others have argued against inter- the Taliban, al-Qaida, and their allies ple. vention, we will be assailed as hypo- begin stepping up their operations, es- By doing so, they began creating con- critical and inconsistent. That is un- pecially in eastern Afghanistan. ditions that are increasing the pressure fair, but it is nothing new for America. This is the irony of it all. The Presi- on Qadhafi to give up power. Yes, the What we can never forget is that our dent’s decision in December 2009 had progress toward this goal has been Nation’s interests are forever colored the effect of making this war longer slower than many had hoped, and the by our values. America has always be- and costlier by forcing our com- administration is doing less to achieve lieved that the success of freedom and manders to tackle our enemies in it than I and others would like. But democracy in other lands does not just southern and eastern Afghanistan se- here are the facts: We are succeeding in make our world more just; it makes it quentially over 2 years rather than si- Libya. Qadhafi is going to fall. It is a safer, more secure, and better place multaneously in one decisive action just a matter of time. for Americans and our children. over 1 year. Now, just at the moment So I would ask my colleagues: Is this We can never afford to define our in- when our troops could finish our main the time for Congress to turn against terests so narrowly that we would have objective and begin ending our combat this policy? Is this the time to ride to sat back as an anti-American tyrant operations in a responsible way, just the rescue of an anti-American tyrant, slaughtered his own people, thereby de- when they are 1 year away from turn- when the writing is on the wall that he stroying one of the most historic ating over a battered and broken enemy is collapsing? tempts by millions of Arabs and Mus- in both southern and eastern Afghani- Is this the time for Congress to de- lims to build better and more stable stan to our Afghan partners, the Presi- clare to the world and to Qadhafi and governments. That would have served dent has now decided to deny them the his inner circle, to Qadhafi’s opponents neither our moral nor our strategic in- forces our commanders believe they who are fighting for their freedom, and terests. Similarly, once we are engaged need to accomplish their objective. to our NATO allies who are carrying a in a fight, as we are now in Libya and I hope I am wrong, I hope the Presi- far heavier burden in this conflict than Afghanistan, and when we still have a dent is right, that this decision will we are, is this the time for America to clear path to succeed, as we do in both not endanger the hard-won gains our tell all of these people that our heart is countries, it is in our moral and stra- troops have made with the decisive not in this and that we won’t see this tegic interests to finish the job even if progress they still need to make next mission through; that we will abandon it is difficult and costly and unpopular. year. I hope that proves correct. But I our best friends and allies on a whim? Failure is the only cost we truly can- am very concerned the President’s de- This all comes back to how we, as not afford. cision poses an unnecessary risk to the Americans, define our national inter- America cannot make the world per- progress we have made thus far to our ests and act on them. We can all agree fect, but we can make it better, freer, mission and to our men and women in that none of us are averse to doing more just, more prosperous. That is uniform. what is necessary to defend America what has always made us an excep- Our troops are not exhausted. They and our allies when we face a clear tional nation. That is what has always are excited that after 10 years we fi- threat in the world. been the greatest source of our na- nally have a winning strategy that is In that way, we are like any other tional security. That is what has al- turning this war around. Anyone who nation in history. But what sets us ways made us America. And that is says that our troops are exhausted apart from those other nations, what how we must remain. should go out and talk to them. They makes us exceptional, what makes us Mr. President, I ask unanimous con- want to stay at this until the job is the United States of America is that sent that the following articles be done. We have sacrificed too much. we define our interests more broadly printed in the RECORD: the Wall Street America has a vital national interest than that. Our interests also encom- Journal article from this morning enti- in succeeding in Afghanistan. After all pass the fact that we are the leader of tled ‘‘Libya and Republicans,’’ the that we have given to this mission, the the free world; that the circle of na- Washington Post editorial from this money we have committed to it, the tions that want us to play that role is morning entitled ‘‘End of a Surge,’’ and decade we have devoted to it, and the growing, not diminishing; and that this the Wall Street Journal article enti- precious lives we have lost throughout position of leadership also confers re- tled ‘‘Unplugging the Afghan Surge.’’ it, why would we do anything now that sponsibilities that are greater than our There being no objection, the mate- puts our mission at greater risk of fail- own immediate and material self-inter- rial was ordered to be printed in the ure? ests. It is the responsibility we have to RECORD, as follows: I would offer the same counsel to my the universal ideals of freedom and jus- [From the Washington Post, June 23, 2011] Republican friends in the House with tice and human rights, of which our END OF A SURGE regard to our mission in Libya. I know Nation is both the greatest embodi- THE MISMATCH BETWEEN PRESIDENT OBAMA’S my colleagues in Congress are angry ment and the greatest champion in STRATEGY AND HIS TROOP WITHDRAWAL TIME- with the administration and its Libya human history. TABLE policy, and they have every right to be. That is not to say we can or should President Obama failed to offer a con- From the disrespect and disregard the be involved everywhere. That is not to vincing military or strategic rationale for

VerDate Mar 15 2010 01:56 Jun 24, 2011 Jkt 099060 PO 00000 Frm 00015 Fmt 0624 Sfmt 0634 E:\CR\FM\G23JN6.033 S23JNPT1 tjames on DSKG8SOYB1PROD with SENATE S4052 CONGRESSIONAL RECORD — SENATE June 23, 2011 the troop withdrawals from Afghanistan that ‘‘Exercise a no-fly zone this evening,’’ he cynical. But such nuances will be missed in he announced Wednesday night. In several told Fox News Channel. ‘‘Communicate to Tripoli, where the Gadhafi family will take ways, they are at odds with the strategy the Libyan military that Gadhafi is gone. it as a sign to hold out longer. There’s a rea- adopted by NATO, which aims to turn over . . . Provide help to the rebels to replace son the dictator sent a thank-you missive to the war to the Afghan army by the end of him. I mean, the idea that we’re confused Speaker John Boehner after the House Libya 2014. For that plan to succeed, military com- about a man who has been an anti-American vote three weeks ago. manders believe that U.S. and allied forces dictator since 1969 just tells you how inept For half a century, and especially since must hold the areas in southern Afghanistan this Administration is. . . . We don’t need to Vietnam, the Republican Party has stood for that have been cleared of the Taliban have the United Nations. All we have to say a strong national defense and the projection through this summer’s fighting season as is that we think slaughtering your own citi- of military power to defend U.S. interests well as that of 2012. They also must sweep zens is unacceptable.’’ and to spread freedom around the world. eastern provinces that have not yet been Mr. Gingrich has since, er, clarified his po- Running to the left of Nancy Pelosi and John reached by the counterinsurgency campaign. sition, so that today the former Speaker is Kerry is not the way to win elections, much By withdrawing 5,000 U.S. troops this sum- one of several prominent Republicans, along less to enhance America’s security. mer and another 5,000 by the end of the year, with fellow Presidential candidates Michele Mr. Obama will make those tasks harder. By Bachmann and Jon Huntsman, opposing [From the Wall Street Journal, June 23, 2011] setting September 2012 as a deadline for President Obama for doing most of what he UNPLUGGING THE AFGHAN SURGE withdrawing all of the 33,000 reinforcements advised a few months ago. Add the House PRESIDENT OBAMA DECLARES VICTORY BEFORE he ordered in late 2009, the President risks vote expected Friday seeking to limit fund- IT’S BEEN ACHIEVED undermining not only the war on the ground ing for the Libya effort, and we are wit- President Obama delivered a remarkable but also the effort to draw elements of the nessing at the very least some unsightly po- speech last night, essentially unplugging the Taliban into a political settlement; the mili- litical opportunism, if not yet the rebirth of Afghanistan troop surge he proposed only 18 tants may prefer to wait out a retreating pre-Eisenhower GOP isolationism. months ago and doing so before its goals enemy. It also may be harder to gain co- We understand the argument—we’ve made have been achieved. We half expected to see operation from Pakistan, whose willingness it often ourselves—that Mr. Obama has pros- a ‘‘mission accomplished’’ banner somewhere to break with the Taliban is linked to its ecuted the Libya campaign half-heartedly. in the background. perception of U.S. determination to remain The major part of the U.S. combat mission Not long ago, Secretary of Defense Robert engaged in the region. U.S. allies, which lasted days and has been over for months. Gates spoke about only a token drawdown have committed 40,000 troops to the 2014 The U.S. is supplying logistical help to this year, but he’s now on his way out of the plan, may revise their own exit strategies. NATO, but the alliance hasn’t been able to Pentagon. This time Mr. Obama overruled An accelerated withdrawal of American dislodge Moammar Gadhafi. U.S. aid to the his military advisers and sided instead with forces would make more sense if Mr. Obama Libyan rebels has been of the ‘‘non-lethal’’ Vice President Joe Biden and his political had decided to abandon the modified coun- variant—mainly MRE rations—when what generals who have their eye on the mission terinsurgency plan he adopted at the end of they most need are guns and munitions. of re-election. His real generals, the ones in 2009, which was later expanded and endorsed About a dozen countries, most recently the field, will now have to scramble to fulfill by NATO. Vice President Biden, among oth- Germany, have formally recognized the their counterinsurgency mission, if that is ers, has pressed for a more limited counter- Benghazi-based Transitional National Coun- still possible. terrorism strategy focused on combating al- cil as Libya’s legitimate government. But Mr. Obama said the U.S. will start to re- Qaeda. But Mr. Obama offered no indication the U.S. hasn’t done so, and only now is Con- move troops next month, returning 10,000, or in Wednesday’s speech that he has altered gress advancing the legislation that would three or four brigades, by the end of the his objectives. Instead, he argued that the allow Gadhafi’s frozen assets to be sent to year. The entire 33,000-soldier Obama surge reduction is possible because ‘‘we are achiev- Libya’s people in the form of humanitarian will be gone by next summer, and with- ing our goals. . . . We are starting this draw- aid. The evidence we’ve seen does not sug- drawals will continue ‘‘at a steady pace’’ down from a position of strength.’’ gest, beyond isolated examples, that the after that. So the full surge force will have Mr. Obama correctly pointed out that the rebels are linked to al Qaeda, while Gadhafi’s been in Afghanistan for only a single fight- killing of Osama bin Laden and operations in record in promoting terrorism is clear. ing season, and even the remaining 68,000 Pakistan have weakened al-Qaeda and lim- But all of this is an argument for prodding troops are heading out. Mr. Obama reiter- ited its ability to attack the United States. Mr. Obama to win the wars he starts, not to ated NATO’s previously agreed on date of But a Taliban resurgence in Afghanistan, cut off funding and guarantee defeat. It is 2014 for the full transfer of combat oper- which Mr. Obama’s withdrawals risk, would also an opportunity for Republicans to point ations to Afghan forces, but that date now be deeply destabilizing for a region that in- out that Gadhafi has the blood of hundreds of seems notional. cludes nuclear-armed Pakistan and India. If Americans on his hands, and that to allow The President rightly pointed to the coalition progress against the Taliban in the Afghan government or army crumbles, him to remain in power would give the vin- Helmand and Kandahar provinces in the there would be a considerable chance that dictive tyrant a chance to strike back. It south, in building up an Afghan army and the United States would lose the bases it would also likely mean the collapse of NATO eliminating terrorist sanctuaries in Paki- now uses for drone attacks against al-Qaeda. as a credible military alliance. These are the Perhaps the best justification for Mr. kind of U.S. security interests that Repub- stan. But the military knows these gains are Obama’s decision is U.S. domestic opinion. licans have defended as a core party prin- tentative, and it pressed the White House to As senior administration officials have ciple for decades. keep all the fighting brigades in Afghanistan pointed out, Americans have grown weary of Instead on Libya, Republicans are wrap- to press the advantage. We don’t envy the the war; polls show that a majority support ping themselves in the 1973 War Powers Res- task of Lt. General John Allen, who is tak- a rapid withdrawal of U.S. forces, and that olution, a Watergate-era law the constitu- ing over the Afghan command this summer view is increasingly reflected in Congress tionality of which no President has recog- from General David Petraeus. He’ll now have and even among Republican presidential can- nized, and which Mr. Gingrich rightly at- to take the battle to the remaining Taliban didates. Many in Congress cite the cost of tempted to have repealed in the 1990s, saying strongholds in the east, while protecting the the war—though the few billion dollars saved at the time that ‘‘I want to strengthen the gains made in the south and elsewhere, even through a faster withdrawal will have little current Democratic President because he is as he also manages the withdrawals. The ex- impact on a deficit measured in trillions. the President of the United States.’’ panding Afghan forces will be able to fill in By announcing these pullouts, Mr. Obama Trying to defund U.S. military operations only some of the gaps, and the U.S. troops may ease some of the political pressure has been the habit of Democrats in Congress who remain will be exposed to greater risks. while still allowing his commanders enough going back to the Vietnam era, to no good The burden of long deployments is hard on forces to complete the 2014 transition plan. end. In 1975, they slashed support for our al- the troops, but those we talk to would rather The president’s supporters point out that at lies in South Vietnam, signaling to the finish the job than leave too soon and risk the end of 2012, there will still be twice as North that it was open season to invade. Sai- having their sacrifice washed away in a many U.S. troops in Afghanistan—68,000—as gon fell, and a generation of detention and Taliban resurgence. In justifying the withdrawal, Mr. Obama when Mr. Obama took office. We hope those murder descended on Southeast Asia. repeatedly stressed the damage we’ve done prove sufficient. But Mr. Obama’s with- In the 1980s, Democrats cut off funds for to al Qaeda. Yet most of those successes drawal decision, with no clear basis in strat- the contra rebels in Nicaragua, delaying have been mounted from Afghanistan, in- egy, increases the risk of failure. their liberation from Communist Sandinista rule. And most recently, they tried to shut cluding the killing of Osama bin Laden. Mr. [From the Wall Street Journal, June 23, 2011] down the war in Iraq, emboldening the ter- Obama stressed that he’ll continue to press rorist insurgents until the GOP-backed surge Pakistan to cooperate in attacking terrorist LIBYA AND REPUBLICANS defeated them. Is this the kind of example havens, but his accelerated withdrawal CUTTING OFF FUNDS IS WHAT DEMOCRATS DO TO that Republicans want to follow? schedule will make that persuasion harder. GOP PRESIDENTS It’s true that the Senate probably won’t The Pakistan military will now almost sure- Back in the day—this would be March 7, join any fund cut-off, and Mr. Obama can ly not act against the Afghan Taliban. The 2011—Newt Gingrich offered a compelling veto the bill. In that sense the House vote is Pakistanis will press instead for a ‘‘rec- case for intervening militarily in Libya: purely symbolic—and even more politically onciliation’’ between the Afghan government

VerDate Mar 15 2010 01:56 Jun 24, 2011 Jkt 099060 PO 00000 Frm 00016 Fmt 0624 Sfmt 0634 E:\CR\FM\A23JN6.008 S23JNPT1 tjames on DSKG8SOYB1PROD with SENATE June 23, 2011 CONGRESSIONAL RECORD — SENATE S4053 and Taliban leaders, who will be the most re- the number of American forces was go to RC-East, where the Haqqani Net- lieved by last night’s speech. about 30,000. That wasn’t enough to work exists, and fight the Taliban in The President wanted to accentuate the help build the Afghan Army, train and the south at the same time. So we took progress of the surge last night to explain his decision to short-circuit it. But the real equip the Afghan Army, control the our full force of the surge and put it message was political and could not have population, provide safety, and give against the Taliban in the south. We been clearer: ‘‘America,’’ he said, ‘‘it is time governance a chance to flourish broke their back. We have been holding to focus on nation building here at home.’’ through better security. That is why RC-East, and the game plan was to And ‘‘the tide of war is receding.’’ we needed more troops. take those surge forces out of the Mr. Obama was laying out his re-election To all the commanders before Gen- south and go to RC-East next summer theme as a Commander in Chief who ended eral Petraeus, you were holding Af- and deliver a decisive blow to the George W. Bush’s wars and brought the ghanistan together, in many ways with Haqqani Network. That way, the two troops home from Iraq and Afghanistan. He duct tape. could bring the troops home from Iraq be- forces undermining Afghanistan would cause Mr. Bush had already won the surge I believe Iraq is a pivotal moment in be put at bay. before Mr. Obama took office. Let’s hope the war on terror, but it is a fair obser- Because of the President’s decision America’s generals can still conjure a simi- vation to make that because of the war and the rejection of General Petraeus’ lar success from Afghanistan, despite a pre- in Iraq, resources were taken away advice, come next summer the surge empted surge and a Presidential march to from Afghanistan. The truth is that forces will be all gone by September, the exits. even though we have been there almost and General Allen is in a box. How does Mr. MCCAIN. I note my friend from 10 years, we really have only been he hang on to the security gains in RC- South Carolina here today. The Sen- there with the capacity to bring about South? Because the enemy’s will has ator from South Carolina, as many of change for the last 18 months. been broken, they have been put on us know, is a reserve colonel—a ter- So what has happened in the last 18 their knees, but they are not yet de- rible mistake by the promotion months? The 30,000 surge forces were feated because they can go across the boards—in the U.S. Air Force JAG sent to the southern part of Afghani- border to Pakistan. So next summer, Corps. He has spent more time in Af- stan. This really is a Pashtun civil war. the surge forces we were going to have ghanistan than any Member of Con- It is a fight between the Taliban, a rad- available for General Allen are going gress, including more than most Mem- ical element of the Pashtun commu- to be gone, and RC-East cannot be en- bers of Congress combined. He has ob- nity, and a majority of Pashtuns and gaged in the same fashion as RC-South. served closely in Afghanistan the other Afghans who want a different What does that all matter? That surge, its success, its impediments. I way. means one of the enemies of the Af- ask unanimous consent to engage in Kandahar is in the south. It is the ghan people is getting a reprieve and colloquy with the Senator from South spiritual home of Mullah Omar. That is the ability to develop security forces Carolina. the place he lived, and there is an all over the country so that when we The PRESIDING OFFICER. Without American operating base within a mile leave, they can fight and win has been objection, it is so ordered. of his compound. You can get up on the compromised. Counterinsurgency re- Mr. MCCAIN. I wonder if my friend roof of a prison there, and you can see quires math. You need a certain saw General Keene, the architect of the Mullah Omar’s compound. So the argu- amount of soldiers against the enemy. surge in Iraq, on one of the networks ment is, if we can win in the south, we I was asked last night: There are this morning describing his views on can win anywhere. So we took 30,000 only 50 al-Qaida. Why do you need so the President’s decision concerning troops into the southern part of Af- many troops? One Navy SEAL could drawing down our troops from Afghani- ghanistan, and we broke the enemy’s defeat 50 al-Qaida. stan. back. We have allowed the Afghan Those who suggest that simplistic Mr. GRAHAM. I did. And if I could Army and security forces to develop. formula don’t understand what we are respond to my colleague about his In September 2009, there were 800 trying to do. We are trying to take a statement on the floor, I would like to people a month joining the Afghan country that has been beaten down and associate myself with it. I thought it Army and 2,000 a month leaving. I am involved in civil war for 30 years and was a very well articulated statement not very good at math, but that is not provide better governance through bet- about the times in which we live. a way to build an army. From Decem- ter security. For about 18 months, we have had ad- ber 2009 to the present, we have been The way you beat the Taliban is you ditional military capacity that was recruiting 6,000 a month in the army, go and take them on with an over- never known to Afghanistan, all be- 3,000 in the police. What happened? whelming show of force. You inspire cause of President Obama’s decision to Better pay and a sense that we were the local population to come your way send 33,000 troops at General Petraeus’ going to win. So in 17 months, we have and get off the sidelines because they request. Now, the request was for built up the Afghan security forces by don’t want the Taliban to win, but they 40,000, but at the time, I said: I do ap- 90,000. We will have 305,000 by the end are afraid that at the end of the day we preciate President Obama giving the of this year. are going to leave and the Taliban will commander the resources that could do What is the problem with the Presi- take over. Because of this surge, the the job, but you have to do it dif- dent’s drawdown of forces? Why can’t people in the south jumped our way. ferently. you do it with the numbers we have? And this is what is so heartbreaking. General Keene is the architect of Counterinsurgency is a very labor-in- We are on the verge of being able in counterinsurgency. He is a mentor of tensive operation. Its goal is to provide two summers to deliver decisive blows General Petraeus. He and General population security and focus on train- to two enemies of ours and the Afghan Petraeus and others came up with the ing by fighting with a unit. Instead of people—the radical element of the strategy that succeeded in Iraq. Here is training them during the day and hop- Taliban and the Haqqani Network in what has happened, from my point of ing they do well at night, you literally the east. But because of this adjust- view. go out and live with the police and the ment in strategy, I think we now have I go about every 3 months. About 2 army. It is a very labor-intensive activ- lost capability, and General Allen is years ago, I was very afraid we were ity, but it is the best way to provide going to have a much more difficult going to lose. training and build capacity. job. How could the Taliban come back Here is the problem. The surge forces Things to watch. with about 100,000 NATO forces in Af- under President Obama’s withdrawal Mr. MCCAIN. According to the Wash- ghanistan? The truth was that the plan are now going to compromise next ington Post this morning, the editorial rules of engagement for NATO really summer. Drawing 10,000 down this year ‘‘End Of A Surge. The mismatch be- were law enforcement rules. The NATO is going to make it hard to finish out tween President Obama’s strategy and forces could not engage the enemy in the fighting season we are engaged in his troop withdrawal timetable’’: an effective way. now. Mr. Obama’s withdrawal decision, with no We were looking at this from the But here is General Allen’s dilemma. clear basis in strategy, increases the risk of eyes of a law enforcement activity, and Because we had 30, not 40, we couldn’t failure.

VerDate Mar 15 2010 01:56 Jun 24, 2011 Jkt 099060 PO 00000 Frm 00017 Fmt 0624 Sfmt 0634 E:\CR\FM\A23JN6.010 S23JNPT1 tjames on DSKG8SOYB1PROD with SENATE S4054 CONGRESSIONAL RECORD — SENATE June 23, 2011 The only other issue—and I think the One final thought. This is a con- say about a dictator and a brutal killer Senator from South Carolina is very sequential week. The negotiations and murderer such as Qadafi that it is well qualified to describe it—I hear dealing with our national debt have our policy that he be removed from over and over, especially from those broken down. My colleagues in the power, we are either unwilling or un- who are opposed to our involvement in House, whom I respect, are about to able to do so. this conflict, the troops are exhausted, vote to cut off funding, which will send I again caution my colleagues on the the troops are exhausted. Yet General a signal to Muammar Qadafi that I other side of the aisle, I hope they Keene, this morning on one of the news think is unhealthy. At the end of the would not do anything that would en- channels, said: They are not exhausted. day, the decisions we make here in hance the ability of this brutal dic- They are exhilarated because they are Congress are going to affect our Nation tator to remain in power and continue winning. They know they have sac- long after you and I leave this body. to perpetrate the murders and crimes rificed so many of their comrades, Qadafi is on the ropes. NATO has lim- for which he is so well known. killed and wounded. They are not ex- ited capacity, but if the American Con- I yield the floor. hausted. But they certainly, certainly gress tells Qadafi we are out of the The PRESIDING OFFICER. The Sen- don’t want to come home in defeat, fight, I am afraid that is going to give ator from Connecticut. something that I saw a long time ago. him a sense of hope he does not have GASOLINE PRICES Mr. GRAHAM. That is a very good today. Mr. BLUMENTHAL. Mr. President, I question. Who are these people and What does it matter if he stays? I am honored to follow that very articu- what makes them tick? Why would think logically you can expect, if he late colloquy between my colleagues people who could leave by just not re- outlasts NATO, the Arab spring is over. from Arizona and South Carolina and enlisting keep going back to Iraq and We can’t go into Syria, but he will take certainly draw inspiration from what Afghanistan? My view of our forces is it out on his people. I think it will af- they have outlined in that colloquy, that they see the face of the enemy, fect the price of oil. That will be the the consequences internationally and they believe they have a strategy that end of NATO, because with NATO tak- at home in this very important week. I is working, and they don’t want their ing on Qadafi and losing, it is going to rise to call attention to developments kids to go back. So when you use the be very hard for that organization to in an area that is among those con- troops as a reason to shortcut this war, go off to another war and be taken seri- sequences—the price of gasoline, the I don’t think you are really listening ously. supply of fuel internationally and at to what they say and what they do. If I hope we can survive this week, that home. they were exhausted and hopeless, they cooler heads will prevail. I am going to would change careers. tell Mike Mullen, when you come to I rise to commend the President of I have never seen Afghanistan change get confirmed for this job, please let us the United States for releasing today as much as I have in the last year, and know if you are having to make hard some 30 million barrels of oil over the my fear is that the successes we have decisions because of a lack of re- next 30 days, which already has achieved are going to be compromised sources. Give the President that infor- brought down the price of oil by about for no good reason. Both of us believe mation and let Congress know so we $5 per barrel on the New York Mer- that you could, at the end of 2012, if can adjust the strategy. I hope the cantile Exchange. This consequence you do this right, remove all of the President is right and that we are both certainly cannot be the end of the cam- surge forces. But what we have been wrong. But General Keene and General paign that we must continue to wage. I trying to argue to the President and Petreaus have come up with a strategy commend the President for heeding the anyone else who will listen is that this that I think, given time and patience, calls from myself and my colleagues to fighting season and the next fighting will work. This new strategy is some- address the pain felt across Con- season are the best chance we will have thing that is untested, that is unneces- necticut and the country as prices rein our lifetime to bring about perma- sarily risky. main too high, at close to $4 a gallon. nent, sustainable change. And I think The way to keep America safe, Ron- The drop we have seen today should be General Petraeus has been trying to ald Reagan said, the way to prevent a followed by additional reductions. That tell the country and the President: war—he said: When people who love can happen only if the administration Give General Allen the ability to take freedom are strong, not weak, that is and this body continue to campaign to the fight to the east like we did to the the best way to prevent war. achieve those lower prices. south. Mr. MCCAIN. Can I say in summary— This development follows the deci- From the troops’ point of view, the and I thank the Senator from Con- sion by the Federal Trade Commission reason they go to Afghanistan and Iraq necticut for his forbearance—I agree to conduct an investigation, again over and over is they understand this with the Senator from South Carolina, heeding calls from me and my col- enemy better than you and I. They see obviously. I say to my friends on the leagues, that a searching, penetrating, what the enemy is capable of doing. other side of the Capitol, although it comprehensive investigation is nec- They saw it in Anbar, where children may fall on deaf ears at this moment, essary to forestall and prevent manipu- were killed in front of their parents by I hope they know that we understand lation and speculation on the markets. al-Qaida. They see what happens when their frustration about the President’s We have seen over these months that the Taliban hangs a 9-year-old boy be- failure to recognize the War Powers supply and demand is not the cause of cause they believe he is providing in- Act exists, and the failure of the ad- increases in the price of oil inter- formation to the coalition forces. ministration to consult and brief Mem- nationally or here at home. It is di- I think our troops understand the bers of Congress on the situation in rectly and substantially a consequence danger America faces, to the point that Libya, about many aspects of the way of speculation by traders and the hedge they are willing to leave their families this conflict has been conducted where funds, as well as potentially illegal ma- time and time again to protect all of us America is ‘‘leading from behind.’’ nipulation. back here at home. But I want to repeat what the Sen- The FTC investigation is in response If you do not believe Afghanistan ator from South Carolina said: This to those calls we have made, based on matters, then I think you are going to could mean the end of NATO. If NATO what we have seen in those markets. be in for a rude awakening. If it goes cannot defeat a third-rate military Clearly the FTC is reacting, for exam- bad in Afghanistan, if the Taliban can power, then NATO is probably going to ple, to the fact that U.S. refiners’ mar- survive and wait us out and they begin go out of business. If we do not succeed gins have increased more than 90 per- to reemerge, a lot of people who helped in Libya and oust Qadafi, as is the cent since the beginning of 2011. Over us, I say to Senator MCCAIN, are going President’s policy, you will see a cen- that same period of time the amount of to get killed. And when America goes ter for terrorist activities, you will see capacity has been reduced by 7 percent. off to some future conflict to help the a return of al-Qaida to Libya—cer- It is 81.7 percent over this same period oppressed, we are going to be seen as tainly a dramatically increased influ- of time, a 7-percent reduction from the an unreliable ally and our enemies are ence. And, frankly, it will send a mes- same period in 2010. Those indicia of going to be stronger. sage to the world that even though we potential forces in the market that

VerDate Mar 15 2010 01:56 Jun 24, 2011 Jkt 099060 PO 00000 Frm 00018 Fmt 0624 Sfmt 0634 E:\CR\FM\G23JN6.036 S23JNPT1 tjames on DSKG8SOYB1PROD with SENATE June 23, 2011 CONGRESSIONAL RECORD — SENATE S4055 have nothing to do with supply and de- The result was announced—yeas 41, This administration has been in of- mand are certainly more than suffi- nays 57, as follows: fice for roughly 21⁄2 years now. If we cient basis for the FTC investigation. [Rollcall Vote No. 96 Leg.] look throughout the Federal Govern- Combined with the release of product YEAS — 41 ment, the executive branch of the gov- from the Strategic Petroleum Reserve, Ayotte Graham McConnell ernment, most of the positions that re- they have helped to bring down prices. Barrasso Grassley Paul quire Presidential nominations and But the campaign must continue. We Blunt Hatch Portman Senate confirmation have now been must deter speculation and illegal ma- Brown (MA) Heller Risch filled. But a number, including a num- nipulation. We must send a message to Burr Hoeven Roberts Chambliss Hutchison ber that are in highly important, high- those speculators and manipulators Rubio Coats Inhofe Sessions ly critical positions, have not been. who are on the wrong side of these Coburn Isakson Shelby Until fairly recently this administra- Cochran Johanns markets, who are on the wrong side of Snowe Corker Johnson (WI) tion looked like what I describe as ‘‘ex- history: You will lose and you will lose Thune Cornyn Kirk ecutive branch Swiss cheese.’’ Toomey big time This kind of message is what Crapo Lee People sometimes wonder why the Vitter is necessary to protect Connecticut and DeMint Lugar Federal Government in Washington Enzi McCain Wicker national consumers. We have seen in does not work better and maybe why Connecticut that the price is still NAYS — 57 does it not work as well as our States. above $4 on average in many places. Akaka Gillibrand Murkowski I want to take a moment, if I can, to This issue is not just one that affects Alexander Hagan Murray compare the approach we used in Dela- consumers, it is an economic issue with Baucus Harkin Nelson (NE) ware. I know Senator ALEXANDER is a broad and far-reaching ramifications. Begich Inouye Nelson (FL) Bennet Johnson (SD) Pryor former Governor. It is probably the ap- It affects small business people who Bingaman Kerry Reed proach they use in Tennessee, to fill have to drive their cars to get to work, Blumenthal Klobuchar Reid key leadership positions in the execu- to deliver product, to arrive at places Boxer Kohl Rockefeller where they are working and spending Brown (OH) Kyl Sanders tive branch of those State govern- time. It has ripple effects throughout Cantwell Landrieu Schumer ments. Cardin Lautenberg Shaheen In my State, for example, the Gov- our economy. It is crushing to families Carper Leahy Stabenow ernor nominates people to serve as cab- and small businesses. Casey Levin Tester The rise in prices in this country for Collins Lieberman Udall (CO) inet secretaries in a dozen or so dif- fuel and gasoline has been crushing Conrad Manchin Udall (NM) ferent departments. Those nominations Coons McCaskill Warner have to be confirmed before the senate. families and small businesses. It had Durbin Menendez Webb ramifications throughout the economy Feinstein Merkley Whitehouse They hold hearings and generally re- that these two steps, release of product Franken Mikulski Wyden port those nominations favorably. In through the Strategic Petroleum Re- NOT VOTING — 2 fact, in my 8 years as Governor, we never had the senate fail to report and serve and the FTC investigation, will Boozman Moran help to counter. to vote for one of our nominees for an The PRESIDING OFFICER. On this More is necessary—stronger enforce- executive branch department—for ex- ment and regulatory steps to stop and vote, the yeas are 41, the nays are 57. ample, secretary of transportation, sec- prevent abusive speculation and manip- The amendment is rejected. retary of education, those kinds of ap- ulation. I will be announcing a number The Senator from Delaware. pointments. Within those various de- of proposals for my part that I hope AMENDMENT NO. 517 partments of State government, the di- will be followed in the next days and Mr. CARPER. Mr. President, I would vision directors are appointed by the weeks. like to take a few minutes, if I could, Governor without confirmation by the These two steps are important, but just to speak on—— senate. The rest of our line depart- they must be followed by others, they Mr. REID. Would the Senator from ments within State government in must be the beginning, not the end, of Delaware yield? Delaware are not appointed by the a comprehensive strategy to bring Mr. CARPER. I would be happy to Governor; they are literally chosen down the price of fuel—not just gaso- yield. through the merit system and report line but soon heating oil—for Con- Mr. REID. Mr. President, we are try- up the chain of command through the necticut families as well as consumers ing to arrive at an end to this legisla- director of the division to the secretary across the country. This pattern must tion. We are not there yet. We hope of the department. That is the way it continue. there will be no more votes today. We works. I suggest the absence of a quorum. feel positive there will not be, but we I remember when I was about to be The PRESIDING OFFICER. The are not ready to make that decision sworn in as Governor. I met with the clerk will call the roll. right now. We should within the next senate—it was a Democrat majority at The bill clerk proceeded to call the hour. the time—and they were interested in roll. The PRESIDING OFFICER. The Sen- knowing who I was going to nominate Mr. ENZI. Mr. President, I ask unani- ator from Delaware. to different positions. I explained who mous consent that the order for the Mr. CARPER. Mr. President, I would we had in mind. They said: We do not quorum call be rescinded. like to begin my remarks this after- know some of those people. Some of The PRESIDING OFFICER. Without noon by congratulating several of our them are from other States. We are not objection, it is so ordered. colleagues who have worked long and sure that we ought to be confirming VOTE ON AMENDMENT NO. 510 hard on this legislation, and their them. Mr. ENZI. Mr. President, I ask for staffs who have worked equally long I asked them: Look, why don’t we the yeas and nays. and hard: Senator SCHUMER and Sen- make a deal. Give me the team I feel The PRESIDING OFFICER. Is there a ator ALEXANDER; I see Senator COLLINS that as Governor I am entitled to have, sufficient second? is on the floor; Senator LIEBERMAN; our There appears to be a sufficient sec- make sure they are honorable people, leaders, Democrat and Republican ond. smart people, that sort of thing. But at The question is on agreeing to leaders, Senator REID and Senator the end of the day, let me have my amendment No. 510. MCCONNELL. team and go forward and try to govern The clerk will call the roll. Anyone watching this debate from in partnership with the legislative The bill clerk called the roll. across America on C–SPAN might be branch, and judge us in the end on how Mr. KYL. The following Senators are wondering why is this important? Why we perform. necessarily absent: the Senator from are they doing this? Why are we spend- To their credit, that is what the Arkansas (Mr. BOOZMAN) and the Sen- ing several days, literally, in session in State senate decided to do. That is the ator from Kansas (Mr. MORAN). the Senate to focus on a nominations way we operated for 8 years. They were The PRESIDING OFFICER (Mr. bill? Why? For those folks who might 9 very good years. I was fortunate to be SANDERS). Are there any other Sen- be wondering why, let me just offer Governor at the same time that Bill ators in the Chamber desiring to vote? these thoughts. Clinton was President, and we managed

VerDate Mar 15 2010 01:56 Jun 24, 2011 Jkt 099060 PO 00000 Frm 00019 Fmt 0624 Sfmt 0634 E:\CR\FM\G23JN6.037 S23JNPT1 tjames on DSKG8SOYB1PROD with SENATE S4056 CONGRESSIONAL RECORD — SENATE June 23, 2011 to balance our budget for 8 years in a with a Democratic President and a Re- I said: How many direct reports did row. We actually cut taxes 7 years in a publican Senator. But I want to tell you have once you got into your job— row. We got ourselves a AAA credit you, that conversation could have hap- how many folks were directly reporting rating for the first time in State his- pened 4 years ago with a Democratic to you? tory and still have it. That is the way Senator and a Republican President. A He said: There are six direct reports we operated. lot of folks have used for years the to me in that job but only two of them It does not look that way or operate ability to put a hold, to stop a nomina- were filled. that way here, and there are a number tion from moving forward, in order to Just think about that. Here we are, of reasons this administration, the last gain some kind of political advantage, the Department of Defense, hundreds of administration, and I suspect the one which has nothing to do maybe with billions of dollars of weapons systems before that, a year or 2 years even into the nominee or the nominee’s ability to oversee in acquisitions, and argu- those administrations, the executive to serve. ably the No. 2 person in acquisitions in branch—if we look through the senior The other point I want to make—I the Department of Defense, that posi- ranks of the leadership of the various shared this with some of our colleagues tion was vacant for 18 months—18 departments—looked too much like ex- in our caucus, the Senate Democratic months. ecutive branch Swiss cheese. caucus, the other day. I talked to my When he finally got confirmed, of the Senator ALEXANDER and Senator colleagues about the work of the Gov- six direct reports, only two were filled. SCHUMER, to their credit, are trying to ernment Accountability Office, GAO. No wonder we have these huge weapons change that. I commend them for their Every year they publish, as most of us systems cost overruns—and it is not efforts. I think it is enormously impor- know, something called a High Risk just an isolated incident. We brought tant. List. And a high risk is just a whole lot in Jim Finley’s counterpart today in If you are trying to be the President of initiatives or problems that exist this administration, a fellow named and lead this country, you need your throughout the Federal Government Frank Kendall. Good man. He testified team. It is important that they be ca- that either are costing us a lot of earlier this year. Again, it is Bob pable people, honorable people. But at money or are going to cost us a lot of Gates, the Secretary. Now it is Ashton the end of the day, a President of ei- money unless we do something dif- Carter who is the top acquisition per- ther party needs a good team, a strong ferent. son in DOD. Then we have Frank Ken- team, filled sooner rather than later. One of the top items on the GAO’s dall. There are a number of reasons it is so High Risk List for years now has been I said to Mr. Kendall: How long have difficult to get many of these vacancies major weapons systems cost overruns. you been in the job? filled. One of them is a reluctance on In 2000, GAO determined that major He told me how many months. the part of some people to go through weapons systems cost overruns—De- I said: What kind of turnover did you the process, the confirmation process. partment of Defense—was $42 billion. get from your predecessor? It takes forever in some cases. These That is a lot of money. He said: My predecessor left 15 nominees are asked to bare, not their They update that list every year. months before I got here. souls but largely bare their lives to go They updated it for 2010 not long ago, My friends, I do not know how good through a process where they can be and they concluded that major weap- we all are at connecting the dots, but maybe not crucified but certainly ex- ons systems cost overruns in 2010 had when we have one of the top two people posed to anything they have ever done gone from $42 billion—10 years ago—to at the Department of Defense respon- wrong in their lives. None of us is per- $402 billion in 2010. sible for riding herd on the defense in- fect. I chair a subcommittee called Fed- dustry, all our contractors, and these I think that in itself deters people eral Financial Management, part of contracts are for very expensive weap- from wanting to go through this proc- Homeland Security Government Af- ons systems—when we have a vacancy ess. I was once nominated when I was fairs. We have held a number of hear- for 18 months in one administration, Governor to serve on the Amtrak board ings in recent years to try to figure out the next administration, pretty much by President Clinton. I remember how how we can get better results for less like a vacancy for 15 months—that is long it took just to fill out the paper- money—how we get better results for no good. That is an invitation for dis- work—one set of paperwork for the ex- taxpayers for less money or better re- aster. ecutive branch, a totally different set sults for maybe not much more money. When we see the major weapons sys- of paperwork for the legislative branch. As we drilled down on major weapons tems cost overruns go from $42 billion I remember saying to my wife, after systems cost overruns, here is one of in 2000 to $400 billion 10 years later, I spending a weekend just to fill out the the things we found out. Through testi- would suggest one of the reasons is be- paperwork: I am not sure it is really mony offered by a fellow from—one of cause of this confirmation process, the worth doing all of this. I am really not the top three people in acquisition in vetting process. Really, the biggest sure it is worth it. I am sure for other the Department of Defense, a fellow problem of all is the administration. folks who go through this process they named Jim Finley, who reported to The administration takes forever to probably reach the same conclusion at John Young, the top acquisition guy in identify people to go in these positions, least once during the time they go the last administration, who reported to vet these positions and actually give through the paperwork. to Bob Gates, the Secretary. us a name. We need to have not separate ques- We brought in Jim Finley for testi- There are no silver bullets in terms tionnaires, we need to synchronize, ho- mony on major weapons systems cost of solving this problem. We need a lot mogenize at least the paperwork, and overruns. Again, this is Secretary of silver BBs. One of the good things hopefully put it in an electronic form Gates, John Young, top acquisition guy about the legislation before us is it so we can do it electronically—those at the Pentagon, and then Jim Finley. provides a number of very helpful tools nominees can do it electronically one We asked Mr. Finley—I asked him a to expedite the consideration of nomi- time and be done with it and send it off question: How long have you been in nees, to better ensure that the next ad- to the right folks to look at. your job? ministration, or even this administra- One of the reasons we go slowly is— He told me how many months he had tion a year or two from now if the I will share with you—I was riding in served in his job. President is reelected, that we do not Afghanistan or Pakistan, one of those I asked him what kind of turnover he end up with more and more executive countries a couple of months ago, got from his predecessor. branch Swiss cheese, which really riding around with a codel on a bus He said: My predecessor left 18 translates to the taxpayers an enor- going from place to place. One of the months before I was confirmed for this mous cost, costs we cannot afford with folks on the bus said they were looking position. the budget deficit of over $1 trillion. for somebody to put a hold on a nomi- So I said: You mean, for like 18 The last thing I want to say, if I may, nation in order to get some leverage on months, there was no confirmed person I know people are offering amend- something that Senator was trying to in your position for acquisition to ments. I am going to call up an amend- get from the administration—that is oversee the major weapons systems? ment to this bill in just a moment. It

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It would re- (B) converting certain covered positions to barely survived this week because they career positions or positions in the Senior quire GAO to investigate and conduct a Executive Service that are not career re- have had to initiate austerity meas- survey on the number of Presidentially served positions; and ures, cutbacks in spending that aren’t appointed positions that are not Sen- (C) converting any categories of covered politically popular. If they didn’t, they ate confirmed in each agency, a cat- positions to career positions; were going to watch the Greek credit egory of jobs that also routinely go un- (4) the identification of— rating fall further and the cost of bor- filled for extended periods of time. (A) covered positions described under para- rowing money go up even higher. The study would provide rec- graph (3)(A) and (B); and So when the time comes on August 2, ommendations as to whether elimi- (B) categories of covered positions de- our deadline on our basic debt ceiling, scribed under paragraph (3)(C); and nating or converting certain ap- (5) any other recommendations relating to our creditors around the world will pointees to career positions would be covered positions. look and see what happens. What hap- more efficient. In addition, the survey pens, without fail, in the history of the Mr. CARPER. I yield the floor. should evaluate whether it is beneficial United States, is we do the right thing The PRESIDING OFFICER. The Sen- to reduce and convert specialized cat- and extend the debt ceiling. They say: ator from Illinois is recognized. egories of appointees, such as inspector Fine, so the full faith and credit of the generals, chief financial officers, or ac- U.S. CREDIT SCORE United States can be relied on con- quisition officers to career status, not Mr. DURBIN. Madam President, most fidently. They can say they made an- as politically appointed. Americans have a credit score. We other payment as they said they would, The purpose of the amendment is don’t know much about it until we and we can go forward with our busi- that the proposal, we believe, would start to borrow money. Then you find ness. provide an analysis of what is an effi- out what your score is, and that will Now there is a hue and cry, primarily cient amount of Presidentially ap- determine whether you are going to get from the other party, that we should pointed positions governmentwide. It a loan and, if you get one, how much not pay any attention to this debt ceil- also would provide recommendations interest you will pay for it. ing. We should ignore it. Many of them on how to further reduce or convert Several years ago, I got a phone call have made arguments which, frankly, these positions. from a bill collection agency to my are stunning. As far as I can tell, it is not a con- home in Springfield, saying: DURBIN, Just to give you a couple of exam- troversial proposal. GAO does a lot of we finally caught up with you; I don’t ples, a colleague from the State of good work for us to help figure out how know how you thought you could get Pennsylvania, Senator PAT TOOMEY, to operate more efficiently, also to use away from us, but the charges that you said today that ‘‘failure to raise the some common sense. My hope is that have run up here at Home Depot in debt limit upon the deadline submitted my colleagues will see fit to support it. Denver, CO, haven’t been paid for by the Treasury Secretary does not That having been said, I ask unani- months. I said I had never been to the equate to a default on our debt at all.’’ mous consent to call up amendment Home Depot in Denver, CO. I will remind him what Ronald No. 517, which I filed earlier today. Well, I was a victim of identity theft. Reagan said: The PRESIDING OFFICER (Mrs. Somebody got enough information The full consequences of a default—or even MCCASKILL). Is there objection? With- about me to apply for an account there the serious prospect of default—by the out objection, it is so ordered. and run up some charges. They said: United States are impossible to predict and The clerk will report. Prove it. So I sent them some informa- awesome to contemplate. . . . The Nation The assistant bill clerk read as fol- tion and they came back and said: We can ill afford to allow such a result. lows: are satisfied you weren’t the person Senator DEMINT of South Carolina, a The Senator from Delaware [Mr. CARPER] who ran up the charges, and you better Republican, said: proposes an amendment numbered 517. check with your credit agencies to see Republicans must do everything they can Mr. CARPER. Madam President, I what your credit score is now because to block an increase in the debt limit. ask unanimous consent that reading of everybody has been reporting this de- Here is what the Chairman of the the amendment be dispensed with. fault on payment on the Home Depot Federal Reserve, Ben Bernanke, said: The PRESIDING OFFICER. Without in Denver, CO. I checked and, sure Failing to raise the debt ceiling in a time- objection, it is so ordered. enough, my credit scores, which I never ly way will be self-defeating if the objective The amendment is as follows: pay any attention to because I don’t is to chart a course for the better fiscal situ- (Purpose: To provide that the Government borrow a lot of money, were terrible. I ation for our Nation. Accountability Office shall conduct a went through about 3 months of recon- Congressman PAUL RYAN, chairman study and submit a report on presi- structing what happened and clearing of the House Republican Budget Com- dentially appointed positions to Congress my record, and at the end they said ev- mittee, said that holders of U.S. Gov- and the President) erything is fine. It can be done. ernment debt would be willing to miss At the appropriate place, insert the fol- Why do I bring up this example? The payments ‘‘for a day or two or three or lowing: credit score of the United States is now four.’’ SEC. lll. REPORT ON PRESIDENTIALLY AP- POINTED POSITIONS. in question. On August 2, the Secretary Tim Geithner, the Treasury Sec- (a) DEFINITIONS.—In this section— of the Treasury tells us that if we don’t retary, said this: (1) the term ‘‘agency’’ means an Executive extend the debt ceiling of the United Even a very short-term or limited default agency defined under section 105 of title 5, States, we are going to be in a terrible would have catastrophic economic con- United States Code; and financial situation. sequences that would last for decades. (2) the term ‘‘covered position’’ means a What is the debt ceiling? The debt Mr. President, I am not sure you fol- position in an agency that requires appoint- ceiling is America’s mortgage—the low the stock market, but if you did, ment by the President without the advice amount of money we borrow as a gov- and consent of the Senate. today you know it is off. It is off be- (b) IN GENERAL.—Not later than 180 days ernment, as a nation, to sustain our- cause news about employment is not after the date of enactment of this Act, the selves. We borrow a lot of money—40 encouraging. Too many Americans are Government Accountability Office shall con- cents for every $1 we spend, whether it out of work. So there is a question duct a study and submit a report on covered is on a missile or a food stamp. The mark about this economy and where it positions to Congress and the President. creditors—our creditors around the is headed. We are doing our best to (c) CONTENTS.—The report submitted under world—of course, get paid interest for turn it around, and I think we have this section shall include— loaning us money to cover our debt. (1) a determination of the number of cov- done some good, but we need to do ered positions in each agency; The level of interest they are paid re- more. We can talk more about that. (2) an evaluation of whether maintaining flects their confidence that we will ul- If we, for some reason, do not extend the total number of covered positions is nec- timately make payments and be good the debt limit of the United States, the essary; for the debt. credit rating of the United States

VerDate Mar 15 2010 03:05 Jun 24, 2011 Jkt 099060 PO 00000 Frm 00021 Fmt 0624 Sfmt 0634 E:\CR\FM\G23JN6.041 S23JNPT1 tjames on DSKG8SOYB1PROD with SENATE S4058 CONGRESSIONAL RECORD — SENATE June 23, 2011 would go down in the eyes of people speeches and come together and work walkout from the budget negotiation. who loan us money. What would hap- it out, this is it. What it means is that We need to work in good faith to solve pen next? As predictable as I stand both sides—our side, the Democrats, the problems of this country. After all, here, interest rates would go up. People and their side, the Republicans—have that is why we were elected. loaning money to the United States to come together and put everything Mr. President, I suggest the absence would say: If they are not going to ex- on the table. It means that some of the of a quorum. tend the debt ceiling when they are things we hold dearest, such as Medi- The PRESIDING OFFICER. The supposed to, then we want to cover our care and Social Security and entitle- clerk will call the roll. bets and have a higher interest rate. ment programs, we need to talk about The legislative clerk proceeded to What happens when the interest rate their future in honest terms. It means call the roll. paid by the United States of America that the Republican side has to come Mr. REID. Madam President, I ask on its debt goes up? All interest rates forward and accept the reality that we unanimous consent that the order for go up. Interest rates would go up on will need some new revenue to deal the quorum call be rescinded. people buying homes and cars and on with our budget deficit situation. That The PRESIDING OFFICER. Without businesses that want to expand or buy is the reality. objection, it is so ordered. more inventory. I only know this a little better than Mr. REID. Madam President, I ask Can you think of a worse thing at some because I spent the last year and unanimous consent that all first-degree this moment in our economic history? a half working on it—on the Presi- amendments to S. 679, with the excep- Where the Federal Reserve has an- dent’s deficit commission and with a tion of the managers’ amendment, nounced this week that they are going group of four or five other Senators must be offered prior to the close of to try to keep interest rates down so from both parties trying to come up business today. we can get out of this recession, Con- with some kind of agreement. That is The PRESIDING OFFICER. Without gress, if it fails to meet its responsi- where we are today. objection, it is so ordered. bility on the debt ceiling, would end up This breakdown of the discussions on Mr. REID. Madam President, there raising interest rates—exactly the op- the Biden budget negotiations, because will be no further rollcall votes today. posite of what the Federal Reserve says of the walkout of Congressman CANTOR The next vote will be Tuesday before we need to get the economy back on its and Senator KYL, is not promising. the caucus. There will be no votes on feet and get America back to work. Next week, the Senate will be back in Monday or tomorrow. This is the introduction to a point I session, the House will not. It is one of I ask unanimous consent that the wish to make that has a lot to do with their recess weeks. The following week, pending Coburn amendment No. 500 be a speech made on the floor today. Sen- after the Fourth of July, we are out of withdrawn; that when the Senate con- ator MCCONNELL, the Republican lead- session, and the House is back in. So siders S. Res. 116, it be in order for Sen- er, came to the floor this morning to for 2 weeks now, we are not going to ator COBURN to offer his duplication explain he has decided the Republicans have both Houses in Washington. That amendment to the resolution; that will walk away from the budget nego- will make it more difficult to reach an there be up to 1 hour of debate on the tiations with Vice President BIDEN. agreement, but we have to do it. amendment, equally divided between Congressman CANTOR, a leader in the As bad as things are with this econ- Senator COBURN and the majority lead- House of Representatives, and today omy, if we send a signal that we are er or their designees; that the amend- Senator KYL, one of our leaders in the unable to responsibly lead on a bipar- ment be subject to a two-thirds thresh- Senate, have said that after weeks of tisan basis, I am afraid we are going to old; that the amendment not be divis- sitting in the room with the Vice have very negative consequences. I im- ible; that no amendments, motions or President trying to work out some plore the Republican leaders to recon- points of order be in order prior to any kind of agreement on the budget def- sider their position. Walking away vote in relation to the Coburn amend- icit, they were walking out, and they from their congressional responsibility ment other than budget points of order did. The two Republican leaders in the to negotiate for a good budget agree- and the applicable motions to waive; room walked away from it. ment and to extend the debt ceiling is and that all other provisions of the pre- Senator MCCONNELL said this this the height of economic irrespon- vious order with respect to the resolu- morning in explaining it: sibility. It would create a disaster that tion remain in effect. We’re not in the majority. We can’t sign would touch innocent people across the The PRESIDING OFFICER. Without anything into law. That’s the President’s United States and around the world. objection, it is so ordered. job. That’s his job. He has acted as if it is not What we need to do—and it is so hard Mr. REID. I suggest the absence of a his problem. This is his problem to solve. in this town—is to try to put this par- quorum. As if that wasn’t bad enough, the tisanship aside. At one point early in The PRESIDING OFFICER. The House majority leader announced soon the session, the Republican leader said clerk will call the roll. after that he will no longer participate the most important thing we can The legislative clerk proceeded to in the bipartisan negotiations. achieve during the course of this ses- call the roll. Congressman CANTOR said: sion—I will quote him: Mr. CORKER. Mr. President, I ask It is up to the President to come in and The single most important thing we want unanimous consent that the order for talk to the Speaker. We’ve reached the end to achieve is for President Obama to be a the quorum call be rescinded. of this phase. one-term President. The PRESIDING OFFICER. Without How does this break down? How does That was a quote Senator MCCON- objection, it is so ordered. the Republican walkout on budget ne- NELL made several months ago. We are Mr. CORKER. Madam President, I gotiations and the extension of the all partisan to some extent, but that ask unanimous consent to speak as in debt ceiling come together? We can’t isn’t the most important thing Senator morning business. extend the debt ceiling without the MCCONNELL or Senator DURBIN can The PRESIDING OFFICER. Without support of the House Republican ma- achieve. The most important thing to objection, it is so ordered. jority and without the support of Re- do is to deal with our debt responsibly THE BUDGET publicans in the Senate. They have and get the economy moving forward Mr. CORKER. Madam President, this said they will not vote for it unless we in a bipartisan way. Running up fili- is very much out of character, what I have an agreement on the budget. busters on bill after bill on the floor of am getting ready to do, but this morn- Well, the clock is ticking. At this the Senate may give somebody a quick ing I was in a Foreign Relations hear- point, we know August 2 is looming, temporary victory, but it doesn’t solve ing on Afghanistan and Pakistan and and we know if we fail to extend the the problems we face. We need to work my staff tells me the majority leader debt ceiling, it will be the worst thing together to create jobs and pass legis- came down and happened to castigate we can do for the American economy at lation, get a budget agreement to- me for speaking about the fact we had this moment in time. If there were ever gether, and extend the debt ceiling. not taken up some of the Nation’s most a time when both political parties I urge my colleagues on the other important business this year; that we ought to stop making some of these side of the aisle to reconsider this have spent a lot of time on bills that

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While Iraq imagine there is anybody who is proud I have tried to offer some construc- and Afghanistan differ, the military of what we have been able to accom- tive solutions to our problem. I know challenge was the same: to train and plish this year as it relates to address- the Presiding Officer has tried to offer deploy a local army that could sustain ing our country’s most pressing prob- some constructive solutions. To me, a fight until victory. lems. And that was the point of the those are the kinds of things we here in Starting with nothing, the United speech I made yesterday on the floor the Senate should be dealing with States and our NATO allies set a goal which, I might add, a number of Demo- today. The markets, rightfully so—and of building an Afghan Army and police crats have since come up to me and very soon, as they should—will become force to eventually number 400,000. By said they could not agree with me very volatile. It is my opinion we are reaching this goal, the combat mission more. close to a potential trainwreck. I know of the U.S. and other NATO forces The point is we need to deal with our people have pulled away from the Blair would disappear. We would remain Nation’s No. 1 crisis today, which is House negotiations, and my sense is helpful with supplies, repair and intel- spending. I talked a little bit about the two sides are very much in disarray ligence, but not frontline combat. what is happening with the Blair House at this point. There have been numbers I agreed with President Obama’s de- negotiations and the fact that, basi- of public comments that have been put cision to surge to Afghanistan, and I cally, the goal the Blair House nego- forth. Again, I come back to the Sen- was in the audience to show my sup- tiators have attempted to achieve— ate, where we have gone 785 days with- port when he delivered a historic ad- their aspirational goal—probably is not out even taking up a budget. dress at West Point. By following the strong enough for most people on ei- So again, I know the majority leader recommendations of General Petraeus, ther side of the aisle to support, and so is defensive and embarrassed, and I un- Secretary Gates and others, President we need to be far more serious about derstand why he would be, but I stand Obama gave the United States and our our country’s spending problems. by my comments yesterday. NATO allies the time needed to vastly However, I know we are not busy, and With that, Madam President, I yield expand the Afghan police and army. when we are not busy, sometimes we the floor, and I suggest the absence of Unfortunately, the President has say things we don’t mean and we get a quorum. changed course from establishing a suf- ourselves in trouble. It is my under- The PRESIDING OFFICER. The ficient Afghan security force before standing, again, that the majority clerk will call the roll. scaling down our military presence. To leader came to the floor and found a The assistant legislative clerk pro- date, the Afghan police and army are quote I had made 2 years ago about ceeded to call the roll. short of their 400,000-man goal. As of EDA to try to, if you will, castigate me Mr. WHITEHOUSE. Madam Presi- April, there were 284,000 in both serv- for the comments I made yesterday, dent, I ask unanimous consent that the ices, well over 100,000 people short. which he said were out of line. order for the quorum call be rescinded. Overall, the Afghan Army loses 32 I know we haven’t taken up a budget The PRESIDING OFFICER. Without percent of its personnel a year, while in 785 days in the Senate. We have not objection, it is so ordered. its police lose 23 percent. To expand taken up a budget. Two years ago a (The remarks of Mr. WHITEHOUSE per- the security forces, losses must be held budget was passed out of committee, taining to the introduction of S. 1271 to 24 percent annually. Therefore, ac- but there was an unwillingness to take are located in today’s RECORD under cording to our National Military Train- up that budget on the floor. This year, ‘‘Statements on Introduced Bills and ing Mission in Afghanistan, the com- the Budget Committee didn’t even pass Joint Resolutions.’’) mander of that training effort, General a budget out of committee. So here we The PRESIDING OFFICER. The Sen- Caldwell, must train 23 Afghans for have a country that is spending $1.5 ator from Illinois. every 10 to be deployed. We find key shortfalls in the officer corps and trillion a year that we don’t have—and AMENDMENT NO. 493 among noncommissioned officers. To borrowing 40 cents of every dollar we Mr. KIRK. On behalf of Senator spend—but here in the Senate we are date, 82 percent of Afghan officer bil- MCCAIN, I call up amendment No. 493. lets are not filled, along with 85 per- basically hoping others will solve this The PRESIDING OFFICER. The cent of noncommissioned sergeants and problem for us. Candidly, I hope that clerk will report. happens. I do hope we come to a con- The bill clerk read as follows: corporals. The Afghan Army is also clusion sometime soon. short of recruits from the communities I understand how the majority leader The Senator from Illinois [Mr. KIRK], for where the fighting is most difficult. Mr. MCCAIN, proposes an amendment num- would be defensive. He is the majority bered 493. Only 3 percent of the Afghan Army was leader of the Senate—the greatest de- born in the southern Pashtun regions Mr. KIRK. Madam President, I ask liberative body in the world, some where Afghan leaders traditionally unanimous consent that further read- say—and we haven’t even taken up a originate. ing of the amendment be dispensed budget to account for the $3.7 trillion The Afghan Army is also lacking in with. we spend of our country’s money each literacy. In 2008, only 14 percent of Af- The PRESIDING OFFICER. Without year. So I know he is embarrassed; I ghan military personnel could read or objection, it is so ordered. know he is defensive; and I understand write. Now, thanks to General The amendment is as follows: that. But I would say that my words— Caldwell, that number has grown to 85 the essence of what I said yesterday— (Purpose: To preserve congressional over- percent in both the police and Army. sight into the budget overruns of the Office One of the critical factors in training still stand. This body has not done the of Navajo and Hopi Relocation) serious work the Senate should do. We an Afghan Army that can win this war Strike section 2(w). have a looming crisis coming before us, is the number of NATO trainers. To with a debt ceiling vote coming up on Mr. KIRK. I ask to be recognized for date the training command lacks over August 2 and, to my knowledge, there 10 minutes as in morning business. 700 trainers due to personnel shortfalls has been no public debate about solu- The PRESIDING OFFICER. Without among our NATO allies. Each of these tions toward that. objection, it is so ordered. facts paints a clear picture of a work in The Presiding Officer and myself AFGHANISTAN progress but one that is about to be have offered a bill called the CAP Act Mr. KIRK. Madam President, under strained by the President’s decision to to try to deal with that. It is the only General Petraeus, the deployment of a leave Afghanistan 2 years too early. bipartisan, bicameral act that has been local army is critical to winning a war. Under the original Petraeus plan, the introduced in both bodies. It certainly In Iraq he used extra U.S. troops to United States and NATO would have is not the total solution to our prob- sustain military momentum against an deployed an Afghan police and military

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Unfortunately, the President has re- are at a pivotal moment in American I know the Presiding Officer has jected his general’s recommendations history, and decisions that will be made the point about the gross inequi- and decided to leave early—with- made in the Senate, decisions that will ties and unfairness in our tax system, drawing one U.S. brigade combat team be made in the House, decisions that that while the middle class is sinking, right away. Our NATO allies express will be made in the White House re- the people on top have been able to quiet concern about this departure. garding the budget and how we deal enjoy effective tax rates that are the U.S. and local commanders will have with the debt ceiling will impact vir- lowest in recorded history, that jani- about 12 percent of their combat power tually every American—our children, tors, cops, nurses—working people taken off the battlefield right away. working families, seniors—virtually today—are paying an effective tax rate The President will then remove two every American for decades to come. that is higher than millionaires and more brigade combat teams by the The stakes are huge. The debate is not billionaires. election day in 2012, leaving U.S. and just about a budget but the question of That is the reality economically this local commanders with only 66 percent which direction America goes forward country faces today, and then that is of the current combat power. in. the reality we have to deal with as we These actions will severely strain the Today, the Republican leaders—ERIC move toward a budget. Afghan police and Army, just as Af- CANTOR in the House, JON KYL in the Every single poll I have seen says ghanistan prepares for a new Presi- Senate—withdrew from the bipartisan dential election. It also provides some what is obvious: that if we are going to budget talks that have been led by Vice address the deficit crisis, it must be hope for the Taliban, whose strategy President BIDEN. Senator MITCH may be a 12-month rest and refit of done in a way that is fair, that every- MCCONNELL, the Republican leader in body participates in. their operations to then reenter the the Senate, and Senator KYL said: Our Republican friends have a very battlefield against a much weaker The White House and Democrats are insist- enemy in 2013. ing on job-killing tax hikes and new spend- unusual idea about how to solve the We learned a painful lesson when we ing. deficit crisis. Yes, they say the rich are ignored Afghanistan in 1992. Without President Obama needs to decide between getting richer. Yes, they say corpora- any domestic oil or a coastline, the his goal of higher taxes or a bipartisan plan tions are doing phenomenally well. United States paid no attention to the to address our deficit. He can’t have both. Some are making billions of dollars in rise of the Taliban and al-Qaida, and But we need to hear from him. profits, not paying a nickel in taxes. we paid an awful price for that policy We need to hear from the President. Yes, they understand the gap between on September 11, 2001. In my view, the I agree with Senator KYL and Sen- the very rich and everybody else is lesson of that day should move us to ator MCCONNELL that we need—the growing wider, and their quaint and in- realize that the Petraeus plan should American people need, the Senate teresting idea, in the midst of that con- have been fully implemented and not needs—to hear from President Obama text, is that while the rich get richer, ended early. on this enormously important issue. they should not be asked to contribute Separately, I would like to take a But I believe we need to hear from the one nickel—not one penny—for deficit moment to applaud our Treasury De- President in a very different way than reduction. partment and especially our Acting what Senator KYL and Senator MCCON- Quite the contrary, under the Repub- Under Secretary, David Cohen, for NELL and Congressman CANTOR want to lican budget passed in the House, the moving decisively today to designate hear. so-called Ryan budget, while the rich Iran Air and a major Iranian port oper- Here is where we are in America get richer and corporations enjoy rec- ator, Tidewater, responsible for facili- today, and this is what the debate is ordbreaking profits, their budget pro- tating Iran’s transfer of weapons and about: Virtually every American un- poses $1 trillion more in tax breaks for other proliferation activities. derstands that, to a very significant the rich and large corporations. Both of these Treasury designations degree, the middle class in this country Meanwhile, while the middle class will significantly restrict shipping to is disappearing. Median family income disappears and poverty increases, their and from Iran and will put even more has gone down by $2,500 in the last 10 idea for deficit reduction is to make pressure on the Iranian economy. years. Many millions of workers today savage cuts in programs the middle Under Secretary Cohen has proven are earning lower wages than they used class and working families depend upon himself to be a worthy successor to to earn. They are moving in the wrong to survive—to survive. former Under Secretary Levey, and he direction. Under the Republican budget, they has my confidence. In a recent 25-year period, ending in would end Medicare as we know it in a In the weeks ahead, I urge the admin- 2005, 80 percent of all new income did 10-year period. They propose to give a istration to move forward with our al- not go to the middle class. It went to senior citizen an $8,000 check, a vouch- lies in Europe and Asia to implement a the people on top. So the overall dy- er, and have that senior go out and get comprehensive strategy to collapse the namic of America now: The middle an insurance plan with a private insur- Central Bank of Iran. The Central class is collapsing, poverty is increas- ance company. Bank of Iran facilitates the operations ing, young people are finding it very of the Iranian Revolutionary Guard difficult to get decent-paying jobs. Tell me what kind of plan a 70-year- Corps and the Ministry of Intelligence While all that is going on, the people old person dealing with cancer or an- Services and lies at the center of Iran’s on top have never had it so good. Al- other illness is going to get with an strategy to circumvent international most all new income is going to the top $8,000 voucher? Are they living in the sanctions. It is time for the United 1 percent. real world? Do they know what hos- States and our allies to decapitate the There was an interesting piece in the pital care costs today? You eat up Central Bank of Iran and to place un- Washington Post this Sunday talking $8,000 in the first day. Yet that is what precedented stress on the Iranian econ- about the growing gap between the a senior is supposed to live on for omy. very rich and everybody else. Wall health care for 1 year. With that, I yield back. Street, whose thievery and illegal be- But it is not only ending Medicare as The PRESIDING OFFICER (Mr. havior and recklessness caused this re- we know it in order to give tax breaks WHITEHOUSE). The Senator from cession, is now making more money for to billionaires; it is savage cuts in Med- Vermont. their executives than they did before icaid. Half the people on Medicaid are Mr. SANDERS. Mr. President, I ask the recession they helped cause. children. We are the only country unanimous consent to speak as in The top 1 percent is earning more in- today in the industrialized world that morning business. come than the bottom 50 percent. The does not guarantee health care to all

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They have to pay their ment’’ means when the President talks they get the care? I guess we have to fair share of taxes. about needing to invest more Federal do that in order to give a tax break to I can go on and on in terms of loop- Government money. a large corporation that already is not holes that exist for corporate America On the same day the President spoke, paying anything in taxes. which have to be closed, the absurdity the Congressional Budget Office re- Let me mention, for a moment, what of the richest people in this country leased a report that shows the Federal is a fair way—a fair way—to move to- having an effective, a real tax rate Government spending spree is not sus- ward deficit reduction in a way the lower than middle-class people. tainable, and the Nation’s fiscal posi- American people overwhelmingly sup- But here is the issue if the Repub- tion is getting worse. I do not think port. You go out and you ask the licans walk away from those negotia- that is breaking news. I think most American people: Do you think it tions. The President of the United Americans could tell you that was the makes sense, in terms of addressing the States has to accept that challenge. He case, at least intuitively already. serious problem with deficit reduction, has to go out to the American people. Over the last 2 years, the Nation’s to give $1 trillion in tax breaks to the He has to rally the American people debt has dramatically worsened. Gross richest people and make savage cuts in around a deficit reduction program Federal debt is expected to equal 100 programs that working people need in which calls for shared sacrifice. That is percent of our entire economy in just 3 health care, education, nutrition, envi- what the call of the moment is. I hope months—well past the 90-percent ronmental protection? The over- the President does that. threshold where many economists be- whelming majority of the American AMENDMENT NO. 512 lieve the debt will seriously undermine people say that is nuts; it does not Mr. SANDERS. Mr. President, on be- economic growth. Some studies show make any sense; we must not go in half of Senator AKAKA, I call up amend- that this increased debt, which crowds that direction. ment No. 512. out private investment and borrowing, So when my Republican friends in The PRESIDING OFFICER. The may result in the loss of at least 1 mil- the leadership say: There is a lot of re- clerk will report. lion jobs a year. sponsibility now on the President, the The bill clerk read as follows: But getting back to my initial point President has to decide which direction about this stimulus notion in the nego- The Senator from Vermont [Mr. SANDERS], tiations with Vice President BIDEN he wants this country to go, they are for Mr. AKAKA, proposes an amendment num- right. My hope is the President of the bered 512. over raising the debt ceiling, it seems that many have forgotten the trillion- United States listens to the American Mr. SANDERS. Mr. President, I ask dollar stimulus package passed back in people and demands that deficit reduc- unanimous consent that the reading of 2009, that the ‘‘green shoots’’ predicted tion consist of shared sacrifice, that we the amendment be dispensed with. never materialized, that the ‘‘recovery move toward deficit reduction not just The PRESIDING OFFICER (Mr. summer’’ never happened, and, as I say, on the backs of the elderly and the BEGICH). Without objection, it is so or- it failed to keep unemployment below children and the sick and the poor but dered. that everybody—I know even people The amendment is as follows: the targeted rate of 8 percent. Indeed, who make large campaign contribu- now it hovers nationwide at a rate of (Purpose: To preserve Senate confirmation 9.1 percent. It is much worse in many tions—I know that is heresy to say on of the Commissioner of the Administration the floor of the Senate—but maybe for Native Americans) regions of the country. Only in Wash- ington, DC, would someone advocate a even large corporations that buy and On page 48, strike lines 4 through 9. sell politicians, maybe they should be repetition of a program that we know The PRESIDING OFFICER. The Sen- asked to contribute toward deficit re- has failed to meet its stated goals and ator from Texas. duction. Maybe billionaires, who have was, I believe, a total flop. First of all, more money than they are going to ANOTHER STIMULUS it was borrowed money, so it wasn’t spend in 100 lifetimes, might be asked Mr. CORNYN. Mr. President, I am even spending money that we had, it to pay somewhat more in taxes before reading in press reports that some of was exacerbating an already dan- we throw children off our health insur- my colleagues across the aisle are ad- gerously high debt. The first stimulus ance or deny nutrition to low-income vocating another stimulus package, failed for one reason—because of our seniors. sometimes called government invest- massive deficits in jobs and our budget. There are many ways to go forward ment, otherwise called spending tax- We know the American people be- in addressing the deficit crisis that is payers’ money that we do not have and lieve, as the Gallup organization tells fair, that does not decimate programs borrowing it from our children and us, a large majority of Americans be- working families depend on, especially most immediately from the Chinese, lieve that spending too much money on in the middle of a severe recession. who own $1 trillion of our national unneeded and wasteful government Let me mention very few. We should debt. It is astonishing to me that after programs is to blame for Federal budg- not extend the tax breaks President the last stimulus package early in 2009 et deficits. And if you ask any business Bush gave the wealthiest people in this failed to meet the President’s own stat- owner—anyone, really, outside of the country. That is it. We have a $1.5 tril- ed target of keeping unemployment to beltway—the reason why jobs are just lion deficit, a $14 trillion-plus national 8 percent or lower, some of our col- not coming back, it is in large part be- debt. Sorry, we cannot afford it. These leagues are trying to double down on a cause of the uncertainty of what is guys have already received huge tax bad deal by advocating more stimulus, coming out of Washington, not only breaks. No more. We cannot afford it. when 43 cents out of every dollar that legislatively but as a regulatory mat- We have to take a hard look at our is being spent in America today is bor- ter, whether it is the Environmental defense budget. We have to begin bring- rowed money. Protection Agency, the Department of ing the troops home from Iraq and Af- I mention that the President in his Labor—all the alphabet soup of Federal ghanistan a lot faster than the Presi- speech on Afghanistan last night said agencies that exist here in Washington, dent has indicated. The defense budget the Federal Government needs to in- DC. has tripled since 1997. It has tripled. It vest more. Well, I do not think any- Instead of passing another unpaid-for is time to make cuts in the defense body should be fooled by what he really stimulus plan or issuing more job-kill- budget. We can do that while maintain- means when he says the Federal Gov- ing regulations, our focus should re- ing our strong defense capabilities. ernment must invest. The only money main on ways to reduce and reform There are studies which indicate that the Federal Government has is the government spending and thereby help large corporations and wealthy individ- money that comes from your wallet, get the economy moving again. In fact,

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Where is your plan to save addressing these problems we have forts here over the next couple of Medicare, which the Medicare trustees been sent here to try to fix the best we months as we tackle not only this have said will go insolvent—that can under the circumstances. unsustainable debt and these huge an- means there is more money going out It is beyond unbelievable when I hear nual deficits but as we look for ways to than coming in—by the year 2024? How some of our colleagues across the put a straitjacket on the Federal Gov- do we keep the promise to our most aisle—the senior Senator from New ernment to make sure it doesn’t keep vulnerable seniors that Medicare will York, among others—talking about an- spending money it does not have. No be there for them if we don’t do some- other stimulus spending as part of this families, no business—as a matter of thing to shore up this insolvent pro- debt reduction deal. fact, 49 States have balanced budget re- gram? Beyond that, we have the chairman quirements. Only the Federal Govern- Unfortunately, I believe the Presi- of the Senate Finance Committee mak- ment and only Congress can continue dent is listening too closely to his po- ing clear that an insistence on tax in- to spend money we don’t have. litical advisers rather than listening to creases was a central element of any A balanced budget amendment to the those who are telling him: Mr. Presi- deal on raising the debt limit. The Vice U.S. Constitution would permanently dent, we have a problem we need to President himself was quoted as say- change Washington’s behavior. So far, solve. The first place he ought to look ing, in the Politico publication: 47 Senators in the Senate on this side for a proposed solution is his own bi- The piece that is most important to us of the aisle have endorsed and cospon- partisan fiscal commission that re- Democrats—revenue. sored a balanced budget amendment. ported back in December in a report, 66 The word ‘‘revenue’’ is Washington- We would invite our colleagues across pages long. It is scary but important speak for tax increases. The President the aisle to join us in this effort. reading. The title of that is ‘‘The Mo- and Republicans and Democrats got to- In summary, we need to unburden ment of Truth.’’ gether after the last election and the economy from regulatory uncer- We have reached a crossroads in this agreed to extend expiring tax provi- tainty or in some cases the certainty country where we simply cannot kick sions because all of us agreed, on a bi- that the bureaucracy will overreach the can down the road, where we can- partisan basis, that the worst thing we and make it harder, not easier, to cre- not keep spending money we don’t could do for a fragile, recovering econ- ate jobs. We need to pass free-trade have, where we cannot keep relying omy was to raise taxes on small busi- agreements that should be pending be- upon Communist China to buy our debt nesses, which are the engine of job cre- fore the Senate to help create more and to bail us out. We simply cannot ation, and on individuals who would be jobs here at home by producing things continue to pass these responsibilities able to then invest that money into here that we can then sell abroad. Then on to our children and grandchildren. starting a business or growing an exist- we need to develop our domestic energy We have important promises to keep to ing business. production with the great gifts we have our seniors, to make sure that safety There is a reason the private sector been given in this country. I know the net of Medicare and Social Security is is afraid of Washington, DC. They see Presiding Officer, coming from an en- going to be there for them, but we these mounting debts and deficits, and ergy-producing State—Alaska—agrees can’t do it unless we have willing part- they realize one of the things we might with me that we need to produce more ners join us across the aisle. be tempted to do is raise their taxes. domestic energy, which will also have Right now, the only one in this coun- Do you know what. The business model the added benefit of creating jobs right try who is in a position to make this for their small business may not be here in America rather than con- happen is the President of the United able to withstand that tax increase or tinuing the bad habit and the dan- States, but so far the President has the regulatory overreach of some Fed- gerous habit of importing about 60 per- been AWOL on this issue. After his bi- eral Washington bureaucrat. So they cent of our energy from abroad, from partisan fiscal commission issued the are scared, and they are sitting on the some dangerous parts of the world. report I referred to a moment ago in sidelines. I wish to close with a couple of other December of 2010, in his State of the The two things we need to do the thoughts. Union speech, the President barely most are to bring down that spending Listening to my colleague from mentioned, if at all, this mounting curve by reducing Federal Government Vermont calling for shared sacrifice in debt crisis and the problems with the spending and begin to attack that debt meeting some of the deficit reduction pending insolvency of Medicare and So- and make sure we don’t have to keep plans, I would just suggest to the dis- cial Security. raising the credit limit on the Nation’s tinguished Senator that 9.1-percent un- The budget that the President pro- credit card but, rather, we can bring it employment reflects a lot of sacrifice posed was never acted on by the major- down, and within sustainable limits. among a lot of people who can’t find ity leader or the Budget Committee on Second, we need to take our boot off jobs in this bad economy. That is which I sit. And being in the minority, the neck of the private sector, the free shared sacrifice, but that is a sacrifice we can’t force this issue; it can only enterprise system in America, so it can which I know they and we would prefer happen if the chairman of the Budget create jobs, grow businesses, and pay they did not have to share. When you Committee marks up a budget and if taxes. We can begin to close the gap be- don’t have a job, it is pretty hard to the majority leader, Senator HARRY tween what the Federal Government is make your mortgage payments, and REID across the aisle, will put it on the spending and what it brings in in terms when you can’t make your mortgage floor of the Senate where we can de- of revenue. payments or you can’t move because bate it and offer amendments. But they In 2007, when our Democratic friends your mortgage is more expensive than chose not to do so, relying instead on took control of the House and Senate, the value of your home—your home is their political consultants who said: President Bush was still President of underwater—you are simply stuck. A You know, if you offer a constructive the United States, and our annual def- lot of people are finding themselves de- proposal, there may be some across the icit was roughly 1.2 percent of our faulting on their mortgages and losing aisle who will criticize it, and, you GDP, our entire economy. Today, it is their homes, which is usually the larg- know what, you may just have to take roughly 10 percent. The reason it was est single investment any of us will some hard votes. 1.2 percent is not because we weren’t make. Well, anybody who has come to the spending a significant amount of I want to close on this thought. I Senate who isn’t willing to vote their money; we were. It was because the want to ask my colleagues across the convictions, whatever those convic- economy was booming and revenue to aisle who have been so critical of the tions are, and be held accountable by the Federal Treasury was at an all- proposals that have been made by the their constituents back home doesn’t time high. That should tell us that we House of Representatives and others, deserve to be in the Congress. We are need to do two things: cut spending,

VerDate Mar 15 2010 01:56 Jun 24, 2011 Jkt 099060 PO 00000 Frm 00026 Fmt 0624 Sfmt 0634 E:\CR\FM\G23JN6.055 S23JNPT1 tjames on DSKG8SOYB1PROD with SENATE June 23, 2011 CONGRESSIONAL RECORD — SENATE S4063 not just raise taxes so Washington can negotiations over the debt ceiling un- changed except the date when the spend some more and throw a wet blan- derscores the inherent problems with money is paid. These so gimmicks are ket on the economy and the job cre- this kind of nonpublic meetings, de- unacceptable. Any plan that is pre- ators, we need to cut spending and fix signed to come up with some global, sented on this floor, however it comes these entitlement programs so we can comprehensive settlement of appar- forward, must be free of gimmicks and keep our promise to our seniors who ently all our financial difficulties. It is accounting tricks. It must be an hon- are relying on these programs. We also just not easy. est, fact-based budget. Additionally, need to get the economy moving again I think it underscores additionally a raising the debt ceiling should not be by growing jobs in the private sector very important fact: that a President accomplished by tax hikes. A punishing and by adopting a national energy pol- cannot lead from behind in dealing tax increase would not only threaten icy that says we prefer domestic, or with the most pressing crisis our Na- the growth we have to have in our American, energy sources rather than tion faces—our exploding debt and the economy, but it would also give a free those from abroad. increasing damage that the debt is pass to the egregious overspending of Mr. President, we need to do it soon. doing to the American economy right Washington. It would bail out the big I am saddened to see that as a result of now. It is taking too long for a pro- spending excesses that have been put in the insistence on the part of the Vice posal to be presented to the Congress, place here. This overspending behavior President and our friends across the and it is clear now that optimistic is morally and economically culpable aisle that tax increases must be a part statements about progress have been for our current crisis. of any package of debt reduction; that too generous. It will be unacceptable Federal Government spending al- the majority leader in the House of for the White House talks, or any ready controls nearly 25 percent of our Representatives and the assistant mi- talks, to produce a controversial agree- economy. It amounts to that much— nority leader in the Senate, Senator ment at the eleventh hour and to then the highest we have ever had. Some of KYL, have reached an impasse and said come before Congress in a panic and that is because the economy is down. they don’t see any point in continuing say: You have to enact this solution we Some of it is because spending is up. the negotiations at this point. came up with in secret, or the country But 25 percent of the economy is now I hope the Vice President, or indeed will have a serious debt crisis. driven by the Federal Government, the President of the United States him- That is the path we are heading with tax money and borrowed money. self, who is the only Democrat who can down, just as we did with the CR—the Sixty percent of what they spend is tax get this deal done, will reconsider their continuing resolution—that was money; 40 percent-plus is borrowed. We approach and work with Republicans to passed. That is not what the American take in $2.2 trillion, and we spend $3.7 live within our means, reduce spending, people want; that is not what they de- trillion. That is why all the experts tell and try to get our economy moving serve. They want regular order. They us this is unsustainable—and we know again so we can alleviate our children want Congress to have the opportunity it is true. That is why we cannot do from the debt burden they are inher- to debate and vote. If it takes weeks— business as usual. That is why we have iting from us. and it should take weeks for us to work to do something. And that is why the Every child born in America today through a challenge as serious as this House of Representatives produced a will come into this world with $46,000, one—then so be it. It just takes weeks. budget that cut spending. Some people roughly, in debt. That is because of If it takes hundreds of votes, with peo- didn’t like it, but unless we have mas- what we have not been doing, which is ple going on record and being criticized sive tax increases—tax increase that living within our means. It is time to back home by one group or another for will damage the economy—we have to do that, and we need to work together the vote they cast, so be it. That is reduce spending; right? Certainly this to solve the problem. what we are paid to do, and we are not is correct. So that is where we are. I yield the floor and suggest the ab- guaranteed reelection. That seems The difficulty is the spending and the sence of a quorum. basic to me. resulting debt that is projected by the The PRESIDING OFFICER. The Congress and the American people Congressional Budget Office—at least clerk will call the roll. deserve an opportunity to fully review as they have analyzed the budget pre- The legislative clerk proceeded to and consider any debt limit deal that is sented by the President. The current call the roll. struck behind closed doors. spending path, if it is just continued, is Mr. SESSIONS. Mr. President, I ask It has also been reported—in one pub- very dangerous. They are setting us on unanimous consent that the order for lication at least—that in order to make an even worse path. the quorum call be rescinded. the numbers look better, we are going Now, the President did submit a The PRESIDING OFFICER. Without to resort to certain budget gimmicks. budget to the Congress. I offered it, and objection, it is so ordered. In other words, let’s say we eliminate a it was voted down 97 to 0. It made the THE BUDGET $100 million program. Well, we have already unacceptable debt path we Mr. SESSIONS. Mr. President, we been talking about how much that were on much worse. Indeed, it would heard an announcement today that the would save over 10 years, whether it have doubled the country’s debt, from so-called ‘‘Biden talks’’ have broken would save $100 million over 10 years. $13 trillion to $27 trillion in 10 years. down. It is not something that sur- That would be $1 billion. One of the That is the path they projected, and prises me terribly. I have always said gimmicks that was floated around, and the debt in the out years would be in- that I didn’t think this was the right was in fact used in the President’s debt creasing, not decreasing; an approach—to negotiate in secret some plan, was to say that we are going to unsustainable path. of the most important decisions this do it over 12 years instead of 10 years So, ultimately, the numbers we have Nation has to make. as the deficit commission rec- been hearing—like $2 trillion in cuts— In truth, we have never been in a ommended. So we haven’t actually cut are not sufficient. It is only a part of more severe financial condition than any more; we have just added a couple what we would have to do to get our we are today. Many remember the gov- of years to the timeframe that we are country on a sound fiscal path. We hear ernment shutdown in the 1990s and the considering to make it seem like we this figure—that we need $2 trillion in fact the Nation ended up, out of that reached the goal. cuts. A lot of people don’t realize that difficult contentious time, balancing We have had gimmicks in which a big the House budget reduces spending by the budget in 3 years. Well, I serve on military payment to soldiers or a So- $6 trillion over the next 12 years. By the Budget Committee—the Presiding cial Security payment falling near the the way, over the next 12 years we are Officer is an able member of the Budg- end of the month is pushed over to the projected to add $13 trillion to the na- et Committee—and we know it is not next fiscal year—so it is due on Sep- tional debt, doubling it. So cutting $6 going to be easy. It is going to be very tember 30, and they make it payable trillion is pretty significant. It re- difficult to get this country on the October 1—and the numbers look bet- quires us to take firm action. right financial course. So I think the ter. We don’t show the expenditure, but This makes some people uneasy. decision of the House majority leader it is still there. The money is still They think we can’t cut that much. and Senator KYL to withdraw from the going to be spent. Nothing has been But many of our States and cities and

VerDate Mar 15 2010 01:56 Jun 24, 2011 Jkt 099060 PO 00000 Frm 00027 Fmt 0624 Sfmt 0634 E:\CR\FM\G23JN6.056 S23JNPT1 tjames on DSKG8SOYB1PROD with SENATE S4064 CONGRESSIONAL RECORD — SENATE June 23, 2011 counties have been cutting more than Democratic majority will do about a In other words, they explained that that on a percentage basis, and they budget. the debt trajectory we are on guaran- are going to survive. They know they Higher debt leads to slower economic tees an economic crisis. The question is have to live within their means, but growth. Empirical studies show that when. Washington has not gotten that mes- high levels of government debt inhibit So that is why we have to change. We sage. economic growth by creating uncer- don’t want to have to cut any spending. It is rumored that an unseen draft of tainty, displacing needed private in- The last thing politicians want to do is the Senate Democratic budget proposes vestment and placing upward pressure cut spending. The reason we are talk- only $1.5 trillion in cuts. This is ac- on interest rates and raising burden on ing about this is because we have to. I cording to reports. They have tried to the government itself through interest do believe President Obama deserves make the number bigger by counting payments on the debt. severe criticism for not being out front interest savings, including those from For example, the very well-respected leading on this, not telling the Amer- tax hikes. This is a gimmick, because and much commented-on study by ican people what his own experts are $1 in spending cuts is not equivalent to Reinhart and Rogoff, Harvard and Uni- telling him. This was his expert, Mr. $1 in tax hikes. It just simply is not. versity of Maryland economists, found Bowles, and his Treasury Secretary, Cutting spending restores economic that in advanced economies with gross Mr. Geithner, telling us we have to confidence and makes room for private government debt above 90 percent of change the debt path we are on. He sector growth. Studies show that this GDP—in other words, a total debt needs to help explain to the American approach results in more significant equal to 90 percent or above the size of people why this is necessary, while it deficit reduction. Cutting spending al- the American economy—median eco- will be painful in the short run, but it lows us to pursue a more competitive nomic growth tends to be between 1 can put us on the road to prosperity Tax Code. Hiking taxes is a less suc- and 2 percent lower, depending on the and not on the road to decline. cessful way to trim the deficit. That is time period analyzed, when compared Other studies, including Caner, the reality. Hiking taxes punishes fam- to countries with lower debt-to-GDP Grennes, and Koehler-Geib’s 2010 study ilies for the waste of Washington, and ratios. of 99 countries between 1980 and 2008, it enables a bloated government that What do we mean by 1 percent to 2 reached a similar conclusion about needs to be trimmed and whipped into percent lower? In the first quarter of debt. Successful debt-reduction measures shape. this year, we were expecting almost 3 relying on spending cuts, not tax in- Raising taxes to pay for excessive percent growth. In reality, it was creases, have consistently resulted in government spending is a refusal to shockingly lower. It adversely im- stronger economic growth. Research recognize there are limits to how much pacted the stock market. What did it from Harvard economist Alberto we can spend and how much we can come in at? 1.8 percent. The second Alesina, as well as a Goldman Sachs re- tax. There is a limit to how much we quarter may not be so good either. We port, found that fiscal consolidations— can spend and how much we can tax if are already above 90 percent of debt to reductions in spending—that focused we want to be a government of demo- GDP; so presumably, if this study is ac- on cutting government spending, in- cratic ideals, freedom, and free mar- curate, we should have been at 2.8 per- cluding on subsidies, transfer pay- kets; and limited government is what cent growth. In a sense, it is not a 1- ments, and government worker pen- our Founders intended. percent reduction; it is 36 percent less sions, were successful in cutting fiscal A plan to reduce the deficit by $4 tril- than the growth we need to have. imbalances, typically boosted eco- lion and only cut $2 trillion in actual Another study has shown that 1 per- nomic growth, and were followed by spending contains only a fraction of cent growth in the gross domestic improved equity—that is the stock the savings we can and must achieve. product, 1 percent growth in our econ- market—and bond market perform- That is my firm view, and I think we omy, creates 1 million jobs. ance. That is what their study found, When asked about this Reinhart- have many people in Washington, in- an empirical study by Goldman Sachs Rogoff study, President Obama’s Sec- cluding, I have to say, our President, and a professor from Harvard, econo- who are in denial about the challenges retary of the Treasury, Timothy mist Alberto Alesina—not JEFF SES- and difficulties we face. Geithner, told the Budget Committee SIONS. These are independent analyses. This is not a situation in which a few he considered it an excellent study— Examples of successful spending re- little cuts here and there can put us on not only that, he told us in the com- ductions include Canada, which is in the path to fiscal solvency and get us mittee he thought it underestimated some ways doing far better than we off the path to fiscal destruction. It is the problem. Because when you get are. We are at 9.1 percent unemploy- going to take stronger steps, the kind debt the size of 90 to 100 percent of ment and our unemployment numbers of steps they are taking in New York GDP—and we are projected to reach 100 still seem to be going up; whereas, Can- State, the kind of steps Governor percent of GDP as our debt by the end ada is at about 7.1 percent and going Christie is taking in New Jersey. We of this year—he said it creates the dan- down. are not even reaching the level of cuts ger of an economic crisis, some sort of New Zealand had a dramatic turn- Governor Brown has achieved in Cali- spasm like we had when we had the fi- around in the early 1990s. They went fornia or what the English are doing in nancial crisis or even something simi- from 22 consecutive years of deficit the U.K. We have to wise up. We cannot lar to Greece. Something that could spending to now 16 years of surpluses. continue down this path. put us into another recession, which It was a deliberate, systematic decision Let me share a few other thoughts would be the worst thing that could by the people of New Zealand through about debt because debt is a dangerous happen to our economy. their government to change what they thing. It hurts us right now. Most of us That is why this is serious business. were doing. They reduced spending. have gotten into the habit of saying we We are feeling the impact of this debt They created ways to make sure the are worried about our children and our right now. It is pulling down economic government was productive and saved grandchildren, and certainly we are growth. It is costing us jobs. It is cre- money. They privatized a lot of activi- worried about their future because of ating uncertainty and fear in the mar- ties the government had taken over the debt burden we are placing on their ketplace. We have to get off of it. that didn’t need to be government shoulders. But the truth is, the debt President Obama appointed the fiscal functions, and the country has been threatens us right now. It is a danger commission, cochaired by Alan Simp- progressing solidly ever since. to our economy. It is a danger and it is son, a former Senator, and Erskine Financial markets have issued dire a drag on the economy. Let me explain Bowles, former chief of staff to Presi- warnings about the consequences of how debt destroys jobs and why this dent Clinton. Erskine Bowles and Sen- our inaction. Against the backdrop of a Senate should pass a budget. ator Simpson told the Budget Com- spreading euro zone debt crisis, the The House of Representatives has mittee we are facing the most predict- International Monetary Fund—cer- passed a budget; they have made it able debt crisis in this Nation’s his- tainly not a rightwing organization— public and they have defended it and tory—the most predictable economic the International Monetary Fund re- explained it. Let’s see what the Senate crisis in our Nation’s history. cently urged the United States to act

VerDate Mar 15 2010 01:56 Jun 24, 2011 Jkt 099060 PO 00000 Frm 00028 Fmt 0624 Sfmt 0634 E:\CR\FM\G23JN6.061 S23JNPT1 tjames on DSKG8SOYB1PROD with SENATE June 23, 2011 CONGRESSIONAL RECORD — SENATE S4065 swiftly to address its soaring budget job creators, investors, and taxpayers foolish for us to produce a budget. We deficits saying: ‘‘You cannot afford to with a solid blueprint for our fiscal fu- are not going to produce a budget. Did have a world economy where these im- ture. A blueprint in which the Amer- he mean it is foolish for America? No, portant decisions are postponed.’’ ican people can see we have gotten it, he meant it is foolish for political rea- The credit rating agencies Moody’s we understand the debt course we are sons. He meant it was foolish for us as and S&P have warned that they may on is unsustainable, and now we have a Democrats to step forward and lay out place the U.S. Government’s AAA bond plan to get us on the right track. an honest plan because, wow, that plan rating under review for a possible Why wouldn’t the people who wanted may include tax increases. It might in- downgrade within months. to be in the majority, who asked to clude spending reductions. It may not Bill Gross, the head of PIMCO, the lead, step forward and lead? Why will reduce the deficit very much, and we largest bond fund in the world, with they not lay forth a plan that can be would have to defend that to the Amer- hundreds of billions of dollars invested, analyzed and shown to the American ican people and we might not be able to has ceased buying U.S. Government people? Why aren’t they proud to defend it and people might be unhappy Treasurys. None of that is in his port- present their vision for what America with us, as they were in the last elec- folio. He said recently that what we are should be like and how we should han- tion. So let’s be clever, let’s not doing with our economy through the dle their future? produce a budget, let’s let Mr. RYAN I will say in conclusion that the Fed, with this quantitative easing, and and the House lead with their chin, let breakdown of the talks does not sur- the government with its worthless them come out and make a plan and we prise me. The Gang of Six tried. Those stimulus package, is what he called a will attack it. That is the Democratic talks seem to have fallen apart. Then sugar high, not real, a temporary surge leadership we have seen in this Senate. we went to the Biden talks. Once that has not changed the cir- It is not legitimate, it is not justified again, people said that we were about cumstances we are in. He is a man who leadership. It is irresponsible and the to reach an agreement any minute, deals every day with investments, and President has not been engaged. He that all the rest of us Senators could he has ceased to invest in U.S. Treas- does not want to talk about it. He has relax and all we needed to do is walk urys. not explained it in his State of the up and sign our name to what these Yet the Nation has operated without Union Address. He has not talked to wise few have decided our financial fu- a budget now for 785 days. The Demo- the American people consistently cratically led Senate, even when they ture should be like. I think most of us realize we were about why his own debt commission had a huge majority last year, perhaps elected. We are Senators. We are not chairman, Mr. Erskine Bowles, says we the biggest majority in my lifetime—I rubberstamps for Vice President BIDEN are facing the most predictable eco- can’t remember a party having 60 votes and some of our fine colleagues. The nomic crisis in our history. No, he in the Senate, when that last oc- Presiding Officer is an independent doesn’t want to talk about that. Why? curred—didn’t pass a budget. You can American citizen. He is going to make Because once you talk about it, it be- pass a budget with just 50 votes. It was up his own mind. So am I. But when comes obvious that spending needs to given priority. We know we need a you are talking about a budget, a fi- be cut and because it is obvious that budget. So we set up a Budget Act that nancial plan, a program to raise the you cannot fix your way out of this by allows even a bare majority of Sen- debt ceiling in this Congress, we ought raising taxes. If you are a tax and ators to pass a budget, and set a plan to read it, we ought to know what is in spender, you don’t want to deal with for our Congress. it. Not only us, the American people that reality, in my view. The Senate has not even allowed the should know what is in it. They need to I am worried about it. I don’t know Budget Committee to meet this year to have time to absorb what it means for where we are heading today. Senator mark up a budget resolution. The them and their future, that there will REID is a good man. Senator MCCON- Budget Act calls for the Budget Com- be no gimmicks or tricks, and it will be NELL is a good leader on our side. I mittee to hold a markup by April 1. It honestly presented. That takes some don’t know what Speaker BOEHNER is calls for the Congress to pass a budget time. going to do, what Vice President BIDEN by April 15. The House passed their I am worried and have been worried if will do. But the time, as old Snuffy budget by April 15. We have not yet they reach an agreement, even if it is a Smith, the mountaineer, used to say, even had a markup to work on a budget somewhat good agreement—I don’t ex- ‘‘Time’s a-wastin’.’’ The deadline is resolution, and the leadership in the pect it to be a great one, but if a decent coming closer and closer. We are going Senate has refused to pass a budget agreement is made, it is going to be to have to figure out something to help since April 29, 2009, 785 days ago. We brought forward and we will have to secure the future of this country and I wonder why this country is in a finan- pass it within days because of a panic hope we can do it sooner rather than cial crisis when we will not even get to- that we will have an economic problem later. gether to pass a budget, as every city, if we do not raise the debt limit and we I yield the floor and suggest the ab- county, and State has. I don’t know of cannot spend so much money. I don’t sence of a quorum. a single one that hasn’t. think we should head that way. The PRESIDING OFFICER (Mr. Over this time that we haven’t I don’t know what is going to happen FRANKEN). The clerk will call the roll. passed a budget, the Nation has spent now. It is late, I will acknowledge, for The assistant editor of the Daily Di- $7.1 trillion and added $3.2 trillion to us to go back to the regular order and gest proceeded to call the roll. the gross Federal debt. have Budget Committee hearings and Mr. SESSIONS. Mr. President, I ask The majority leader, my friend, amendments in the Budget Committee unanimous consent that the order for HARRY REID—I know he has a tough and have people stand up before the the quorum call be rescinded. job, but he made a big mistake. He re- world and explain their view and offer The PRESIDING OFFICER. Without cently said it would be foolish for the amendments. I don’t think it is nec- objection, it is so ordered. Democrats to produce a budget. essarily too late. I do not know where AMENDMENTS NOS. 502 AND 503 Foolish to produce a budget? Is this it will go. But this has not been a shin- Mr. SESSIONS. Mr. President, on be- the kind of leadership the American ing hour for the Senate, and after this half of Senator PAUL, I call up amend- people expect out of Washington, that last election in which Senators and ments Nos. 502 and 503, and ask unani- the No. 1 Senator, the leader of the ma- House Members took a shellacking by mous consent that they be reported by jority party, who has the power to con- the American people, who were very number. trol the flow of legislation in this body, unhappy with us, the House I think ap- The PRESIDING OFFICER. Without says he is not about to produce a budg- pears to at least have gotten the mes- objection, it is so ordered. et? Indeed, he says it is foolish to sage. They put forth an honest budget The clerk will report. produce one, and he has basically sent that changes the debt trajectory and The assistant editor of the Daily Di- word to the Budget Committee we are they put it forth and explained it and gest read as follows: not to even have committee hearings. defended it. The Senator from Alabama [Mr. SESSIONS], I think nothing could be more foolish What do we have in the Senate? We for Mr. PAUL, proposes amendments en bloc than refusing to provide the Nation’s have the majority leader saying it is numbered 502 and 503.

VerDate Mar 15 2010 01:56 Jun 24, 2011 Jkt 099060 PO 00000 Frm 00029 Fmt 0624 Sfmt 0634 E:\CR\FM\G23JN6.062 S23JNPT1 tjames on DSKG8SOYB1PROD with SENATE S4066 CONGRESSIONAL RECORD — SENATE June 23, 2011 The amendments are as follows: dertake, and it is questionable whether I know my U.S. Senate colleagues AMENDMENT NO. 502 spending time confirming, for instance, join me is saying Mr. Clyde Brock, who (Purpose: To strike the provision relating to the Alternate Federal Cochairman, Ap- can look back with pride at a full life the Treasurer of the United States) palachian Regional Commission, is the well lived, is an inspiration to us all. On page 55, strike lines 12 through 22. most appropriate use of our limited He is not only a living treasure to Lon- don, but a living treasure to the State AMENDMENT NO. 503 time and resources. Prioritizing our work for the American people, by of Kentucky. (Purpose: To strike the provision relating to Mr. President, the Laurel County the Director of the Mint) eliminating some Senate-confirmed positions, does not diminish the Senate’s Sentinel Echo recently published an ar- On page 55, line 23, strike all through page ticle illuminating Mr. Clyde Brock’s 56, line 5. authority. f long life and career. I ask unanimous VOTE EXPLANATION consent that the full article be printed Mr. MORAN. Mr. President, today, I MORNING BUSINESS in the RECORD. was unavoidably absent for votes No. 95 There being no objection, the article and No. 96. At the time of the votes, I was ordered to be printed in the TRIBUTE TO CLYDE BROCK was attending a memorial service at RECORD, as follows: Fort Riley, KS, for six soldiers of the Mr. MCCONNELL. Mr. President, I [From the Laurel County Sentinel Echo, 2nd Brigade, 1st Infantry Division. Had rise today to honor one of Kentucky’s May 11, 2011] I been present, I would have voted yea inspirational treasures. Ninety-four- LONDON’S LIVING TREASURES: PART 1 on the Vitter amendment No. 499 and year-old Clyde Brock is one of four (Transcribed by Tara Kaprowy) the DeMint amendment No. 510 to S. residents of Laurel County, KY, who Following is the life story of 94-year-old 679. was chosen to share his remarkable Clyde Brock, who is one of four Laurel Mr. BROWN of Massachusetts. Mr. story as part of London, KY’s Living Countians chosen to be part of London’s Liv- President, I rise today to speak in sup- Treasures Project. Looking back, Clyde ing Treasures project. Over a two-hour inter- port of the Presidential Appointment Brock has remembered for us the mon- view, while sitting in an easy chair in his Bush-area home, Brock shared many memo- Efficiency and Streamlining Act of umental events and cherished memories, from the day he saw his first car to the 2011. This is a good, commonsense piece ries that helped shape his life. day his beloved wife Ada died ‘‘with just a of legislation that has bipartisan sup- Born April 9, 1917, in a small town curtain between them.’’ port. called Roots Branch in Clay County, ‘‘I was born April 9, 1917 in Clay County in When President Kennedy came to of- KY, Clyde Brock was the eldest of 10 a place called Roots Branch because so many fice, he had 286 positions to fill with children of Johnny and Mary Brock. Roots lived there. I was born in a big log the titles of Secretary, Deputy Sec- house. I was the first of 10 children to a Suffering from a staph infection in his young couple called Johnny and Mary Brock. retary, Under Secretary, Assistant Sec- leg, Clyde endured a childhood of doc- My dad bought a farm, I was about 5 years retary, and Administrator. By the end tor visits and constant operations. old when we moved from there. Then he de- of the Clinton administration, there Though his disability left him with one cided to leave the farm and got a public job were 914 positions with these titles. leg shorter than the other, Clyde re- and we moved to Corbin. It must have been Today, there are more than 1,200 po- fused to let it hinder his ability to ex- about 1924. I went to school one year there, sitions appointed by the President that Felts School. perience life to the fullest. He can re- I remember my grandfather had a brother require the advice and consent of the call the excitement of seeing his first that fought on the southern side during the Senate. Model T Ford, the growth and develop- Civil War. I just remember him. He’d come The large number of positions requir- ment of his hometown, the constant to see my grandfather and he had a mule and ing confirmation causes long delays in changes in prices, the Great Depres- I just remember that. He didn’t draw a pen- selecting, vetting, and nominating sion, and the effects of war. After being sion. Then I saw one soldier that fought on these appointees. turned down for the draft, due to his the northern side and he drew $100 a month. In 1926, I had the misfortune of getting a I strongly believe the confirmation leg, Brock went on to pursue a career staph germ. It was one Sunday evening, I process must be thorough enough for in teaching after graduating Sue Ben- was just out fooling around outside and it hit the Senate to fulfill its constitutional nett College in 1940. me, all at twice. The next morning there was duty, but it should not be so onerous as Clyde also took the position of post- a knot in my leg. to deter qualified people from public master and remembers well when cus- Well, they took me to Corbin Hospital. service. tomers would bring eggs to pay for They scraped the bone, but it didn’t help. The Presidential Appointment Effi- their stamps instead of money. Three Brought me to London, you know where the First National Bank is now. There was a lit- ciency and Streamlining Act removes eggs paid for a letter; eggs sold for 12 tle bank and it had a little hospital over it. the need for Senate confirmation for cents a dozen back then. Clyde also ran Well, they took me in there and my tempera- only 205 positions by converting these a rationing board during World War II. ture was 105.5. This doctor, he saved my life, positions to Presidential appointment- He can remember folks standing in line Dr. H.V. Pennington. The kind of surgical only. They include positions involved half a day to get their pound of lard. tools he used was a hammer and chisel to with internal agency management and Soon after, Clyde married his late chisel bone out. positions that are already accountable wife Ada Brown and they had three I stayed there a month until they got the new hospital over on the hill. There was to other Senate-confirmed positions, children. Sadly, Ada passed away ear- eight of us moved into that new building. such as internal management and ad- lier this year after suffering a severe There was four doctors in it: Dr. J.W. Crook, ministrative positions and deputies or stroke. After many years together, Dr. G.S. Brock, Dr. O.D. Brock and Dr. Pen- nonpolicy-related Assistant Secre- Clyde says that his greatest accom- nington. I had two more surgeries there, and taries who report to individuals who plishment in life was getting her to I stayed there from last of March in 1926 are Senate-confirmed. marry him. until some time in August. With staph going Some have argued that, through this After 32 successful years at eight dif- on up, they performed surgery on my knee. bill, the Senate cedes some of its con- ferent schools teaching history and That didn’t check it, and it got to my hip. They come in, all four of them one day with stitutional power to the executive civics, Mr. Brock retired. While recol- a big needle, they went into my hip and they branch. However, this bill actually rep- lecting his memories of walking to found it had got up there. So, they told my resents an exercise of the Senate’s con- school through the snow and the enjoy- mother and my father to come up because stitutional prerogatives. ment of seeing his students become ex- they’d have to perform surgery again. My The Constitution gives Congress the cited about learning, it’s clear Clyde dad picked me up in his arms and carried me authority to decide whether a par- Brock still has a passion for teaching. to the operating surgery table. They took ticular position should be categorized Clyde is a member of Providence the ball out, I don’t have that ball in my hip. as an inferior officer that need not go Baptist Church, where he is a deacon It made my leg shorter so they put a 10- pound weight on a roller on the foot of the through the Senate confirmation proc- and trustee. Realizing that life is bed and held it six weeks to try to pull it ess. short, Mr. Brock says that it has only down. It didn’t work. They didn’t have ther- The Senate has a number of impor- been ‘‘by the grace of God’’ that he has apy then, they didn’t have penicillin then, so tant responsibilities that it must un- been able to live for so long. that staph, it left my leg short and stiff.

VerDate Mar 15 2010 03:05 Jun 24, 2011 Jkt 099060 PO 00000 Frm 00030 Fmt 0624 Sfmt 0634 E:\CR\FM\G23JN6.057 S23JNPT1 tjames on DSKG8SOYB1PROD with SENATE June 23, 2011 CONGRESSIONAL RECORD — SENATE S4067 We moved to Cane Creek and I had C. War started. In addition to being post- I have three children, Larry, Janice and Frank Bentley as a teacher at Union Grade master, I was also deputy clerk. People had Gary. School. Then my father, he wanted a bigger to come to register when they rationed ev- I was about 25 or 26 when I got my first farm so he swapped that farm in to one erything. They’d come and sign up and you’d car, a 1936 Chevrolet. I didn’t know how to about 200 acres and we moved there. I start give them a ration book with stamps in it. drive. On Monday morning I started out and Bush School in the seventh grade. I had Coffee was rationed and people used lard I had to go up a little bank. Well, I says, ‘‘I’ll eight brothers and sisters graduated from back then. They’d stand in line about a half put it up in second.’’ Well, I didn’t put it in Bush. I was about an average student—no, I a day to get about a pound of lard. second, I put it in reverse. It went back with didn’t shine. I was called in January before the War me. I had a time driving. THE GREAT DEPRESSION started. With my leg, I got so I could work In 1946, that’s when I built this house. I Let me tell you a bit about the Great De- and do things, I didn’t have to go on crutch- was going to build it out of wood. Couldn’t pression. If you live down on the farm, it es. I done about anything anybody else used find it, couldn’t get wood. Corbin had a ce- didn’t affect you because you didn’t have any to do. I’d a liked to go, I told them they ment block factory, and I got a man to lay bills to pay. Everybody had their own meat could use me anywhere, I’d have gone. I was the block 50 cents an hour. Rationing was so and killed their own hogs, they had their the second one called in the county before bad, you couldn’t buy a car. When we got the cows where they got their butter or their the War started, but I was turned down. A house up, we couldn’t get any windows. It milk, they had their chickens, had their teacher I was teaching with, he told me I was a year before I could get windows. eggs. You was almost independent. would pass. He said, ‘‘They don’t want you to THROUGH FAITH AND GRACE run, you’re not supposed to run when you’re My job was to go to the mill on Saturday We got saved in 1951, been members of in a war.’’ evenings. We’d shell a bushel of corn on Fri- Providence Baptist Church now for 60 years. day night. I’d take that corn to mill and ev- LOVE OF A GOOD WOMAN I taught Sunday school for 36 years. And you erybody else did too and get it ground into In 1940, I met a girl that meant more to me know they gave me an honor? They named meal and it made that good, ole cornbread. It than all the rest that I knew. Named Ada the class after me. And I’m still a deacon and was over here on Black water Road, Henry Brown, who lived over in Pigeon Roost in a trustee. Hale run the mill. I’d ride on a mule. You ei- Clay County. We married in 1941, I must have In 1955, we started raising chickens. I guess ther walked or rode a mule or horse. been about 20. I had a good friend I’d run we raised chickens 20 years and we always I saw my first car when I was about 5 years around with, and he was dating her sister. had chicken to eat. Then we raised tobacco. old. It had come over from London to Man- We went to Freedom United Church one chester. A man come along walking. He said, And Ada always had a big garden, and she al- Wednesday night, and after church he and ways had a big freezer. She froze everything. ‘‘There’s a car coming up here.’’ Well, I was her sister was walking in front. He was down out to see it in the yard and here it comes. I retired in 1972, taught 32 years. I taught leading a mule. I was riding behind this at eight schools, Blackwater, Darl Jones, One of those old Model-T Fords in the wagon other one and she was walking by herself. I tracks. Bennett Branch, Lake, White Hall, Pace’s asked about getting down, and we got to- I got out of high school, I went to Sue Ben- Creek, Boggs, Head Beech Creek and Bush gether. That was the best thing that hap- nett College, 1938. London used to be a lot of Junior High. I liked teaching history and wooden buildings down each side there. Over pened to me in my life, she marrying me. We civics, but not English, didn’t like diagram- on Broad Street, straight across from the went to Jellico, Tenn., went into the clerk’s ming and analyzing. I couldn’t tell a dan- courthouse where those annex buildings are office to get the license. He said $10, $5 for gling modifier now from anything else. But I now, there used to be two dwelling houses the license, $5 for the preacher. liked when I could see progress in some of We had a four-room house and about four there. And they had a theater up there that them, you knew you was doing maybe some- acres of ground and had a cook stove. Then you could go to the movies, 15 cents in 1938, thing good. Those little fellers, I’d like to we had a kitchen cabinet, a little dining ’39. You went in and had to go up some steps watch them. They’d get up to the board, we room set, we had two beds and a few chairs. and it had about two rows of seats, aisle loved going to the board and make ABCs down the middle. Next block over from Wea- SEVEN MILES IN THE SNOW back then. Now you don’t do that, you don’t ver’s pool room. You could get you a ham- The second year I started teaching, they memorize nothing now. burger and a bottle of pop there and it would sent me to a school called Darl Jones, and it A lot of my students came to me when I cost about 15 cents. was about seven miles away. I had to get a was up in that nursing home in December WAGES AND WAR horse, cost me about $75. In wintertime, one last year. They said, ‘‘You had a lot of company.’’ Some of them come in there with old, They had Hackney’s, Daniel’s, Woody’s, 10 morning, I got up and you had to be there at grey beards, and I didn’t recognize them. cents stores, they had a lot of them. Then 8 o’clock. I thought, ‘‘It’s too cold to ride, they had pool rooms. Laurel County was wet it’s way below zero,’’ so I said, ‘‘I’m going to They said, ‘‘Well, I went to school with you.’’ at one time, about ’38, ’39. ’40, they had beer walk.’’ I left walking, snow on the ground, I stayed about 31 days up there. I was there joints. Where Scoville’s office is, when you moon shining bright, I walked that seven with Ada. go down in a hole, that was called Under- miles. You know what I was wishing? I In 1992, one day my wife, she cooked a big world, they had a beer joint down there. wished that someone would ask me to stay dinner. We ate dinner, we watched Price Is Then they had one in east London over by all night with them. Just about before we Right, she says, ‘‘I’m going in here to freeze Benge Supply, used to be a liquor store. Go turned out for lunch, a fellow by the name of some beans.’’ I got up and went through in and bottles were sitting up on the counter. Willie Martin that lived in the community, there and she laid on the floor. No response. There used to be a lot of people go to he come in and sit down and he said, ‘‘I want I called 9-1-1 and when they come they church on Sunday because they didn’t have you to stay all night with me.’’ He didn’t thought it was a stroke and that’s what it anywhere else to go. They’d stay outside and have to twist my arm. was. It took her speech and paralyzed her fight and things; I was outside too. There’d In 1941, I had 44 students in school, 16 in right side. be more people outside than there were in. the sixth grade. Now, a lot of them’s already She stayed in the hospital and nursing Blackwater Church, I’ve seen the preacher passed on. On Friday afternoon, used to home. From the time she went in to the day come right out and his son and the other young people would come around because she passed away was 18 years, six months and preacher’s son were fighting right at the after school you had a ballgame or you had 9 days. And she stayed in Laurel Heights in door. He just walked out and tried to get a ciphering match. We’d see which side could London 18 years. I had already retired. We them separated. add the columns the quickest. Well one Fri- was together for about 51 good years. She Going to Sue Bennett, I stayed in the day night, a man come there and when it was a quilter and a good cook. She was noted dorm, the boys would sit up all night and started to rain he went outside and got his for her fried apple pies. She’d take them to play poker, blackjack for a penny. Cigarettes gun, a pump shotgun, and set it in the corner the homecomings at church. She’d made 60 used to you could buy for 11 cents, you could of the schoolhouse. We paid no attention to pies one morning. get Camels, Lucky’s for 15 cents. On Sunday, that. When it quit raining, he got his gun After I got sick this December, I had to go if you want to get out, if you got a pack of and went up the road. for rehab and they had me go to Laurel cigarettes and a pack of chewing gum, you The day my first son was born, I was gone Heights. The lady that was in with Ada was doing pretty good. up to get my pay that day at a teacher’s passed away and they said, ‘‘You go be in the I graduated from Sue Bennett in 1940 and meeting. My brother had to go and get the room with your wife.’’ So I went. They’d get got my teaching diploma. That was the doctor. He had an old bicycle, but one pedal me up in the wheelchair. They let me sit by quickest thing you could do then. That was was broken off, it just had that rod that her on Sunday. After I’d been there a while, after the Depression. I made $73.74 a month. came out, and his foot kept slipping off and she passed away, just a curtain between us. When I was about 23, I got to be postmaster. it would cut his leg. And it was hot, it was That was the 22nd day of January this year. There would be people to bring three eggs to in September, he rode all the way and back See I’m 94 years old now. My wife was 88. the post office to mail a letter. Eggs was 12 with that old bicycle and burned up and he Now I stay here by myself. But I gave up cents a dozen at one time. My dad had a always said, ‘‘And look what we got.’’ Well, driving. Just six months ago. I thought I’d store and he’d take the eggs and he’d sell I felt good, and you know I had a pay day better quit while I was ahead. them and put 3 cents in. He could get all the that day. You know how much it cost? $20. How does it feel to be 94? You know one men he wanted to work for 50 cents a day He’s a pretty good boy, never had to go to thing, you know your time is getting short- and their dinner. the jailhouse or anything like that. er, and you don’t have too long to stay here.

VerDate Mar 15 2010 01:56 Jun 24, 2011 Jkt 099060 PO 00000 Frm 00031 Fmt 0624 Sfmt 0634 E:\CR\FM\A23JN6.014 S23JNPT1 tjames on DSKG8SOYB1PROD with SENATE S4068 CONGRESSIONAL RECORD — SENATE June 23, 2011 I say it’s been by the grace of God that I’ve [From the Appalachian News Express, May Phillip said the winter of ’44, during the been blessed to live this long. I don’t want to 28, 2011] Battle of the Bulge, was the coldest winter of take any honor or anything, as if I’ve done MARVIN CLEVINGER: A WORLD WAR II HERO the 20th century and Marvin got frostbit, as something myself to stay healthy. It’s all for (By Nancy M. Goss) did most of the men in his unit. the grace of God.’’ Besides the battle at Schoden and the Bat- BELCHER.—Over 66 years ago 89-year-old tle of the Bulge, Martin also fought in the Marvin ‘‘Garl’’ Clevinger of Belcher fought f Battle of Bastogne, and at the Saar-Moselle in the European Campaign during World War Triangle, Trier, Berdorf, Consdorf, II. Echtemach, Landau, Oehringer, Heilbronn, TRIBUTE TO MARVIN CLEVINGER Because he suffered a stroke 10 years ago Ulm, Inst, Oberammergau and countless that affected his ability to converse fluently, other sites. Mr. MCCONNELL. Mr. President, I Marvin allowed family members to tell his Marvin was born March 18, 1922, the son of rise today to honor the heroic efforts of story, adding comments from time to time. the late James and Dollie May Clevinger. He an honored Kentuckian. Known for his His nephew, Phillip Ratliff, is an authority was raised at Belcher, close to where he lives service and his allegiance to his coun- on his uncle’s role in World War II and pro- now, and according to Paul, attended Belch- try, PFC Marvin Clevinger is a true vided most of this information. er Grade School up to seventh grade. He had ‘‘I fought in Germany,’’ Marvin said. Then to quit to help on the family’s farm. He is World War II hero in Pike County, KY. added, ‘‘I was shot three times.’’ the oldest of eight children. He, his sister ‘‘Marvin never really talked about his war Born March 18, 1922, to James and Faye Potter, and Paul, are the only ones liv- time experiences when I was young, but I’m Dollie May Clevinger, Marvin was the ing. familiar with the battles he was in,’’ Phillip eldest of eight. Growing up on a farm Before Marvin went to war, he timbered said. ‘‘I was always fascinated by soldiers in eastern Kentucky, Mr. Clevinger, and farmed. After the war, he was employed and military stuff so I just read a lot and in the preparation plant at the Russell Fork also known as ‘‘Garl’’ around his fam- later on, I had the little campaign book Garl Coal Company, owned by A.T. Massey, where ily, was an intelligent young man who brought back from the war and I read it a he worked for 32 years. He was a member of dropped out of the 7th grade to help couple times.’’ United Mine Workers of America, Local 8338, provide for his family. Working as a Marvin is mentioned in the book by the at Beaver, which closed many years ago. nickname his platoon gave him, ‘‘Zeke’’ timber man and a farmer before his Marvin said he remembers working at the Clevinger. days as a soldier, ‘‘Garl’’ did all he coal company. Phillip said there were probably only about could to help his family as well as his ‘‘He would come home from work at the 200 copies of the campaign booklet of community. tipple and hoe corn until dark,’’ Phillip said. Marvin’s company’s actions during the war; ‘‘For his size, Garl was the strongest guy and After enrolling in the war, Private they were given to the men at the end of the the hardest working man I ever saw.’’ First Class Clevinger, also known as fighting. ‘‘He had been out pulling brush and trees Marvin’s rank and unit: PFC Marvin ‘‘Zeke’’ to his platoon, fought in nu- down on the road on the day he had the Clevinger, 1st Rifle Squad, 2nd Platoon, merous battles, putting his life on the stroke,’’ said Gloria Sweeney, Marvin’s cous- Company B, 61st Armored Infantry Bat- line for his country. Clevinger was said in and caretaker. talion, 10th Armored Division, 3rd Army, to be amongst the strongest and most ‘‘And he knew the woods,’’ Phillip said. ‘‘If USA. agile of the soldiers and was honored He was also a scout for his platoon. you went into the woods any time of the with the privilege of being a scout for ‘‘Only a couple men in a platoon were year with him, whether there were leaves on his platoon. In one battle, when his scouts,’’ Phillip explained. ‘‘Back then, if the trees or not, he could look at the tree platoon found itself pinned by German there was a man like Marvin, who was agile and tell you, ‘‘that’s a black oak, that’s a chestnut oak, that’s a red oak . . .’’. machine gun fire, Private First Class and able to move through heavy woods and rough terrain, he was pretty much sought ‘‘He was an expert on ginseng, too,’’ added Clevinger advanced 150 yards under in- his nephew Jason Clevinger. ‘‘Every time we tense fire and threw several grenades out.’’ Many of the men were city boys and not went into the woods—and he was much older to silence the enemy. He received a used to tramping through woods as was than I—he could find much more than I Bronze Star for his heroic actions. Marvin, who grew up in the mountains of could.’’ Private First Class Clevinger spent a Eastern Kentucky. Marvin was an active member of DAV Chapter 140, Elkhorn City, until he had the month in the hospital in Paris after re- ‘‘Garl was a deadly shot when he was a young man and came back from the war,’’ stroke and is a member of the Ferrells Creek ceiving multiple wounds in his legs Church of Christ. during battle. He received numerous Phillip said. ‘‘I feel sorry for any human that got in front of his rifle sight because you’re ‘‘You’ll never find a more humble man medals, awards, and decorations, in- talking about a man who could shoot squir- than this one right here,’’ Gloria said. ‘‘Best cluding the Bronze Star with Three rels out of a tree with a 22 rifle. And in the man in the world.’’ Oak Leaf Clusters, the Purple Heart, army, those men were pretty valuable, I’d ‘‘He was always my hero,’’ Phillip said. the Good Conduct Medal, the Rifle say.’’ Then he added, ‘‘There’s a much larger Sharpshooter Badge, the Combat Infan- ‘‘He got the medal for sharp shooter,’’ story here really, even than Garl. He deserves to be the centerpiece because of what tryman Badge, the American Campaign added Marvin’s brother Paul. ‘‘And the Pur- ple Heart and Bronze Star.’’ he did, but Garl had two first cousins and Ribbon, the World War II Victory they all grew up in this holler here. One of Medal Ribbon, and the European/Afri- According to a paper accompanying his Bronze Star: his cousins was named Clyde Clevinger and can/Middle Eastern Theatre Campaign ‘‘Private First Class Marvin Clevinger, he was killed in action during the first Allied Ribbon. Company B, Armored Infantry Battalion, landings in North Africa. His other first Marvin Clevinger returned to Belch- United States Army. For heroic achievement cousin’s name was Gordon ‘‘Bennett’’ er, KY, after the war and worked for in connection with military operations Clevinger. Bennett enlisted in the Navy and against an enemy of the United States in was on an American submarine right after the Russell Fork Coal Company Prepa- Pearl Harbor and was captured by the Japa- ration Plant for 32 years. Currently, Germany on March 26, 1945. During an attack on Schoden, Germany, an infantry platoon nese. He spent about three and a half years Marvin is an active member of was suddenly pinned down by machine gun in a Japanese prisoner of war camp. But he Ferrell’s Creek Church of Christ, and and sniper fire from a well-concealed pillbox. did survive and came home. he serves as an inspiration to his fam- Private First Class Clevinger, scout, ad- ‘‘Of those three boys who grew up in this ily. Because of his hard work and all he vanced 150 yards under the intense fire to little narrow holler here, all of them were has achieved and overcome in his 89 within five yards of the enemy position from heroes. You can’t find men like that any- years, Marvin Clevinger is a hero to us where he threw grenades through an embra- more,’’ Phillip said. all. sure in the pillbox, silencing the enemy fire. f PFC Clevinger’s intrepid action reflects Mr. President, the Appalachian News great credit upon himself and the military NLRB Express recently published an article forces of the United States. Entered the mili- Mr. CARDIN. Mr. President, I rise highlighting Marvin Clevinger’s life tary service from Belcher, Kentucky.’’ today to praise the National Labor Re- and service. I ask unanimous consent Marvin was shot twice in one leg and once lations Board for issuing new proposed that the full article be printed in the in the other, but still managed to walk and rules that will modernize the process RECORD. crawl about three miles to an aid station that was back down the side of the moun- that workers use to form a union. There being no objection, the article tain. He spent a month and a half in Paris at These new rules will improve the con- was ordered to be printed in the the hospital and then went straight back to sistency and efficiency of the election RECORD, as follows: the front lines and saw heavy action again. process, protect workers’ right to a

VerDate Mar 15 2010 03:05 Jun 24, 2011 Jkt 099060 PO 00000 Frm 00032 Fmt 0624 Sfmt 0634 E:\CR\FM\A23JN6.016 S23JNPT1 tjames on DSKG8SOYB1PROD with SENATE June 23, 2011 CONGRESSIONAL RECORD — SENATE S4069 timely vote, and limit opportunities FBI Director Mueller’s time in office in a a judge declaring an action taken by Direc- for possible coercion by both employers way that is universally agreed to be con- tor Mueller to be unauthorized. Given the and unions. stitutionally unimpeachable. In contrast, a opinions of Professor Harrison and other America’s middle class is struggling. prominent legal scholar has called into ques- eminent scholars in addition to the lack of a tion the constitutionality of the method of U.S. Supreme Court decision directly on Hard-working families are finding it appointment that S. 1103 proposes. Setting point, they cannot credibly claim there is no hard to make ends meet. We are recov- aside the question of our duty to ensure the realistic chance at all. Indeed, at the Com- ering from the deepest recession since constitutionality of all legislation approved mittee’s June 16, 2011 business meeting, Sen- the Great Depression, and there are by our chamber of Congress, the practical ator Whitehouse stated that ‘‘with respect to workers who are trying to achieve for consequences of a court declaring void Direc- the Appointments Clause, we are in a con- their families what we all want: finan- tor Mueller’s extension could have wide- stitutionally gray area’’ and that he could see a judge ‘‘going either way.’’ Senator cial stability that keeps our families spread ramifications. Any litigation challenging the constitutionality of S. 1103 would Schumer said this was a ‘‘fuzzy issue,’’ secure. However, as workers see their call into question the authority of the head ‘‘there are merits on either side,’’ and ‘‘it is benefits, hours, and pay being cut, they of one of America’s most important domestic a close question.’’ Senator Coburn’s simple feel powerless. Meanwhile, executives counterterrorism and law enforcement agen- alternative removes the gray fuzz, thus pre- can and do negotiate their employment cies. Potential litigants could be numerous serving our national security and law en- contracts. Where is the fairness? given the substantial number of suspects forcement infrastructure from potential con- Unions can level the playing field for seeking to avoid criminal liability and those fusion. workers, but the process for choosing a seeking to undermine our terrorism inves- 2. S. 1103 VIOLATES THE APPOINTMENTS CLAUSE OF THE CONSTITUTION union is outdated. Current NRLB elec- tigations and national security apparatus. For example, at the hearing, James Madison The Appointments Clause’s four methods tion procedures produce extensive Distinguished Professor of Law at the Uni- delays, encourage litigious stall tac- The Appointments Clause of the Constitu- versity of Virginia School of Law John Har- tion requires all Executive Branch appoint- tics, and provide opportunities for in- rison was asked about potential legal chal- ments to be made by the President with the timidation. Further, the organizational lenges to the validity of Section 215 orders Advice and Consent of the Senate with only structure of the NLRB has created infor sensitive business records. Pursuant to three exceptions: ‘‘[T]he Congress may by consistencies in the processing of the the 2005 extension to the Patriot Act, these Law vest the Appointment of such inferior election petitions. It is time for the Section 215 orders must be authorized by one Officers, as they think proper, in the Presi- of three top government officials or their NLRB to address these important pro- dent alone, in the Courts of Law, or in the deputies. Professor Harrison testified that Heads of Departments.’’ Congressional ap- cedural shortcomings, and I am encour- 215 orders were a good example of the poten- pointments are not among the exceptions, aged by their response. tial problem that could result from chal- and the majority report properly points out The new rules do not advantage nor lenges to Director Mueller’s extension be- that Congress cannot make appointments of do they disadvantage unions. The rules cause a judge might find that orders signed Executive Branch officials and that the FBI merely create a uniform process for re- by him were unauthorized. Director is an Executive Branch official. The solving pre- and post-election disputes. Since at least one prominent legal scholar question, then, is whether or not S. 1103 Both sides are given the opportunity to has testified that S. 1103 would unconsti- would allow Congress to extend the FBI Di- tutionally appoint Director Mueller to a new rector’s statutory ten year term for two ad- present arguments to allow a fair and term, it is easy to imagine at least a few of ditional years. well-informed vote. It is also impor- our 677 Federal District Court judges coming Professor Harrison testified that, ‘‘An ap- tant to note that these streamlining to the same conclusion. In fact, even Sen- pointment is a legal act that causes someone rules apply equally to both elections ators Schumer and Whitehouse agreed this to hold an office that otherwise would be va- seeking to certify a union and elections legislation is of questionable constitu- cant or held by someone else. . . . A statu- seeking to decertify a union. tionality. Senator Whitehouse said, ‘‘with tory extension of the term of an incumbent Workers deserve the right to choose a respect to the Appointments Clause, we are causes the current incumbent to hold an office that otherwise would be vacant upon the union or not to choose a union with a in a constitutionally gray area,’’ and he said he could see the judicial decision ‘‘going ei- expiration of the incumbent’s term. It is fair, timely, and well-informed up-or- ther way.’’ Senator Whitehouse continued thus a statutory appointment. . . . It is just down vote. The right to vote is central that if he ‘‘were a clerk for a judge and was like a statute that provides that a named to our democracy, and we must con- asked to’’ he could ‘‘write it going both person is hereby appointed to a specified of- tinue to ensure that American workers ways.’’ Senator Schumer agreed stating it is fice.’’ We believe Professor Harrison’s inter- are afforded this right without impedi- a ‘‘fuzzy issue’’ and ‘‘there are merits on ei- pretation has merit and thus conclude that ther side’’ and ‘‘it is a close question.’’ extending Director Mueller’s term and caus- ment or fear. Thus, I applaud the ing him to hold an office that otherwise NLRB for their actions. Even assuming that such a ruling were overturned on appeal, during the intervening would be vacant on August 4, 2011, could vio- f period, FBI operations could be stagnated as late the Appointments Clause. all official acts of the FBI Director since his The law currently requires Director MINORITY VIEWS—S. 1103 Mueller to step down after his ten-year term extension began would be of questionable va- ends and forbids his reappointment by the Mr. COBURN. Mr. President, because lidity. This scenario could lead to a failure President. Thus, it could be argued that S. our minority views were not included to gather critical intelligence or to the re- 1103 reappoints Director Mueller to a new in the Senate Judiciary Committee’s lease of dangerous criminal and terrorism two-year term by legislative decree in viola- report on S. 1103, I ask unanimous con- suspects. tion of the Appointments Clause. The Su- The Majority argues that constitutional sent to have them printed in the preme Court has recognized that Congress concerns are nonexistent because only one RECORD. We hope these views will be of cannot make Executive appointments, even witness at the June 8, 2011 hearing raised if the President signs the law making those use to Members of the Senate if this constitutional concerns about S. 1103; how- legislation is considered on the Senate appointments. It is irrelevant that the Presi- ever, the Minority would point out that due dent and almost all members of Congress floor. to longstanding committee practice, the mi- There being no objection, the mate- wish Director Mueller to continue in office. nority is allocated a limited number of wit- Constitutional formalities must be followed. rial was ordered to be printed in the nesses. In this case, the ratio on the panel For example, if all members of both houses RECORD, as follows. was three to one. Our one witnesses testified of Congress sent a letter to the President MINORITY VIEWS OF SENATORS HATCH, as to concerns and these concerns are likely saying they thereby willed a certain bill to SESSIONS, GRAHAM, LEE, AND COBURN shared by other legal scholars who were not become law, and the President sent a letter invited to testify. Notwithstanding, even if We fully support the President’s request to in return saying that he too willed the bill to there is only a small chance that a judge extend FBI Director Mueller’s time in office become law through his letter, it would not might find S. 1103 unconstitutional, we be- by two years, followed by a return to the pre- become law, and no court would treat it as lieve that the Senate has a duty to avoid vious practice of one ten-year term for each law. We have a written Constitution for this that contingency, which carries with it po- subsequent FBI Director. We also are com- very reason and Congress and the president tentially severe consequences. must comply with its specific procedures. mitted to implementing this extension be- Fortunately, we have an ironclad alter- fore Director Mueller’s current ten-year The Constitution requires that both houses native that would accomplish the same goals vote on a bill and present it to the President term expires in August. The Senate must, as S. 1103 in the form of the amendment Sen- for his signature before it can become law. however, pursue this extension in a constitu- ator Coburn offered to S. 1103. We believe the The majority’s emphasis on the President’s tional manner. supporters of S. 1103 have the burden of proof desire that the FBI Director continue in of- 1. CONSTITUTIONAL CONCERNS to show why we should not follow the fice is immaterial. The President’s only con- Senators Hatch, Cornyn, Graham, Lee, and undisputedly constitutional course, even if stitutional method of placing someone in of- Coburn have proposed a method of extending they believe there is only a small chance of fice is by appointment.

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3. THE CASELAW case-by-case basis. This is not only not the 6. THE SOLUTION The caselaw on statutory extensions of Ex- government of laws that the Constitution es- We see a simple resolution to our disagree- ecutive officials’ terms is unclear, making a tablished; it is not a government of laws at ment that accomplishes the goals shared by clearly constitutional bill from Congress all all. the Majority, the President, and almost all the more imperative. The best the majority The Morrison Court did not uphold con- members of Congress, including ourselves. report could produce is In re Benny, a Ninth gressional appointments as constitutional, The amendment cosponsored by five mem- Circuit Court of Appeals case. In re Benny which of course they are not, because it did bers of the Judiciary Committee would cre- suffers from three flaws: it is binding in only not address that question. Moreover, a rea- ate a new two-year term to begin on or after one circuit, the circuit most often over- sonable argument could be made that the the day that Director Mueller’s current term turned by the Supreme Court; it came down Court would have considered the appoint- expires. After this one-time two-year term before the Supreme Court’s Morrison v. ment of the FBI Director under S. 1103 to be concludes, the FBI directorship would return Olson decision on the subject of appoint- unconstitutional under its analysis. The to the previous statutory ten-year term, and ments and thus did not integrate the rea- Court held that if the official in question had Director Mueller would not be eligible to soning of that decision into its own; and as been a ‘‘principal’’ or ‘‘superior’’ officer in- serve beyond the new two-year term. The the majority admits, one of the concurring stead of an ‘‘inferior’’ officer, ‘‘then the Act President may nominate Director Mueller to opinions in In re Benny does not support S. [would be] in violation of the Appointments this two-year term or whomever else he 1103’s constitutionality. Judge Norris’ opin- Clause.’’ It is hard to imagine a court chooses. We are committed to expediting ion in In re Benny flatly states, ‘‘My prin- classifying the Director of the FBI as an ‘‘in- Senate confirmation of Director Mueller’s cipal disagreement with the majority’s posi- ferior’’ officer under the Appointments nomination and ensuring there is no gap in tion is that I believe the Appointments Clause rather than a ‘‘superior’’ one given service at the top of the FBI. We are willing Clause precludes Congress from extending the appointment process since 1968. to waive a confirmation hearing for Director the terms of incumbent officeholders. I am As further evidence of the Court’s willing- Mueller and also the Committee question- simply unable to see any principled distinc- ness to challenge the actions of those whose naire. And, we will do what we can to ensure tion between congressional extensions of the appointments are of questionable constitu- a speedy vote by the full Senate. To our terms of incumbents and more traditional tionality, in Ryder v. United States the knowledge, no one has raised any constitu- forms of congressional appointments.’’ Court reversed the lower courts and threw tional objections that could call into ques- The disagreement even among the concur- out the conviction of a member of the Coast tion Director Mueller’s authority if our al- ring judges in the Committee majority’s list Guard because two of his judges were ap- ternative is followed, and the experts we of supporting caselaw demonstrates the like- pointed contrary to the requirements of the have consulted unanimously agree that there lihood of litigation and the possibility of Appointments Clause. The Court had also in- is no constitutional difficulty. As former negative decisions in this ‘‘gray’’ and validated most of the powers of the members Deputy Attorney General James Comey tes- ‘‘fuzzy’’ area of law. of the Federal Election Commission, as cre- tified regarding the constitutionality of ex- Further, In re Benny misinterpreted Su- ated by the Federal Election Campaign Act, tending Mueller’s tenure, ‘‘If you can do it in preme Court caselaw. As Professor Harrison because they were not appointed in con- a way that makes it bulletproof, especially points out, that case relied on Wiener v. formity with the Appointments Clause. against the kind of litigation that you’ve United States, which merely allowed legisla- 4. DEPARTMENT OF JUSTICE OPINIONS spoken of, that would be better.’’ tion restricting the President’s ability to re- Given the lack of precedential caselaw and CONCLUSION move quasi-judicial officers to stand. Pro- the novelty of the issues presented in S. 1103, fessor Harrison also notes legislation extend- the series of DOJ legal opinions that the ma- We do not assert that S. 1103 is clearly un- ing the life of an agency or commission is jority cites in favor of S. 1103’s constitu- constitutional. We assert that its constitu- not the same as extending the term of an ap- tionality cannot be held to be determinative. tionality has been called into question by re- pointee because it does ‘‘not extend the term Further, these opinions are inconsistent. As spected experts and could expose Director of an officer who otherwise would have been the CRS report on which the Majority relies Mueller’s authority to dangerous litigation. replaced by a new appointee.’’ says, ‘‘In 1994, the OLC [Office of Legal Coun- We further assert that we have a duty to Morrison is similarly gray and fuzzy. That sel] addressed the second five-year extension enact a constitutionally airtight alternative case demonstrates the U.S. Supreme Court of the parole commissioners’ tenure and ex- that would achieve the same goals. takes very seriously challenges to federal of- plicitly disavowed an earlier 1987 opinion, f ficials’ authority based on the Appointments which viewed the first extension of the Pa- Clause and the Court is willing to con- role [sic] commissioners’ terms of office as ADDITIONAL STATEMENTS template voiding the actions of an official unconstitutional, finding it in contradiction whose appointment violates the clause. In with its 1951 opinion.’’ Hence, the OLC en- Morrison, the Court undertakes an extensive dorsed the constitutionality of extensions, RECOGNIZING THE PEKIN NOODLE analysis of what authority the appointed of- then repudiated it, then endorsed it again. PARLOR ficial has, how that authority could interfere Regardless of OLC opinions, very few cases ∑ with presidential duties and prerogatives if have been litigated concerning legislative Mr. BAUCUS. Mr. President, today I that official was not appointed by the Presi- extensions of officials’ tenures. Unlike the wish to recognize a Butte institution. dent or by someone under the President’s appointees whose terms were extended by The Pekin Noodle Parlor has served control, and who appoints the official and legislation cited by the majority, the FBI Di- generations of Montanans from all from what section of the Constitution the rector is a ‘‘principal’’ or ‘‘superior’’ officer, walks of life. My good friends, Danny appointing persons derive their authority to which may cause the courts to view his case and Sharon Tam, and their family have appoint. Rather than relying on bright-line differently, and we still have not heard any- run the parlor for an astounding 100 rules, the Court weighs and examines many thing definitive from the Supreme Court on years. For generations, the parlor has aspects of the Act involved and its practical this question. been a centerpiece of Chinatown and an effects in order to come to many of its con- 5. THE RATIONALE clusions. The Morrison Court upheld the con- evolving Butte community. The res- The jealous guarding of the President’s taurant specializes in Chinese and stitutionality of having courts of law ap- power to appoint is crucial to preserving the point independent counsels, but simple for- separation of powers and promoting good American fare, and the lower level has mulae are not employed to construct this de- government. As Alexander Hamilton wrote housed a wide array of activities—from cision, which is a distinct encouragement to in Federalist No. 76, Chinese social organizations to herbal future litigation since attorneys have many The sole and undivided responsibility of medicine. I also want to recognize the pathways to plausibly arguing unconsti- one man will naturally beget a livelier sense Butte-Silver Bow Public Archives for tutionality. of duty and a more exact regard to reputa- Justice Scalia in his dissent went so far as their unparalleled work collecting and tion. He will on this account feel himself preserving the treasured history of to assert that the Court had laid down no under stronger obligations, and more inter- real guidance at all, and that decisions about ested to investigate with care the qualities Butte-Silver Bow. In particular, their the constitutionality of appointments would requisite to the stations to be filled, and to efforts to protect the cherished nar- from now on be made ad hoc by the Court, prefer with impartiality the persons who rative of the Pekin Noodle Parlor will certainly an invitation to future litigation: may have the fairest pretensions to them. be recognized for years to come. I ask Having abandoned as the basis for our deci- The President has an absolute veto over that their commemoration of the sion-making the text of Article II that ‘‘the Executive Branch nominations because he Pekin Noodle Parlor below be printed executive Power’’ must be vested in the initiates them, which also means he must in the RECORD. President, the Court does not even attempt take responsibility for them. Eliminating One hundred years ago, Hum Yow to craft a substitute criterion—a ‘‘justiciable the formalities of the confirmation process standard’’.... Evidently, the governing which require a nomination by the president opened his Pekin Noodle Parlor on the standard is to be what might be called the undermines that connection between presi- second floor of the building at 115/117/ unfettered wisdom of a majority of this dent and nominee the assignment of political 119 South Main. The restaurant’s offer- Court, revealed to an obedient people on a responsibility. ings of local favorites, Yatcamein—wet

VerDate Mar 15 2010 01:56 Jun 24, 2011 Jkt 099060 PO 00000 Frm 00034 Fmt 0624 Sfmt 0634 E:\CR\FM\A23JN6.047 S23JNPT1 tjames on DSKG8SOYB1PROD with SENATE June 23, 2011 CONGRESSIONAL RECORD — SENATE S4071 noodles—and chop suey, were eaten by erings. As gambling drew in other ethnic 100,000th client. In 1953, Baltimore City miners, the ‘‘after-theater’’ crowd, and groups to Chinatown, the gambling parlors built its new People’s Court Building prominent citizens alike. It always ca- eventually gained entrances on Main Street at Fallsway and Gay streets, with the tered to non-Chinese clientele, many of proper. On the face of the Pekin building, it third floor dedicated to Legal Aid’s was in the form of a ‘‘cigar store’’ called the whom in the early days were curious to London Company at 119 South Main. Hum’s use. get a glimpse of Chinatown. Over time, Pekin Noodle Parlor and Tam’s London Com- The 1960s were a period of change. In the noodle parlor came to incorporate pany gambling hall were staples of Butte’s 1964, Congress passed the Economic Op- a good complement of American food Chinatown until gambling was closed across portunities Act and launched the war on its menu, while retaining its Chi- Montana in 1952. on poverty, funneling funds for legal nese food specialties. Among the at- Unlike many of his countrymen in Butte, services to the Nation’s cities. In 1971, tractions were the narrow, beadboard Hum Yow married while in the U.S. His wife, Legal Aid established three offices out- booths which allowed semiprivate din- Sui (Bessie) Wong, was born and raised in side of Baltimore and later in the dec- San Francisco. Shortly after marrying in ing. A seating arrangement that is 1915, the Hums began their family, raising ade, across the State. maintained to this day by Hum Yow’s their three children in the Pekin building. In 1974, one of President Nixon’s last nephew, Ding Tam, who is also known Tam Kwong Yee, on the other hand, had left acts in office was to sign into law the as Danny Wong. his wife and children behind in China but re- National Legal Services Corporation While the restaurant business contin- mained close to them, providing financially Act; the next year the Legal Services ued upstairs, items from previous es- for both basic needs and advanced education. Corporation, LSC, was established, and tablishments were stored below. This As a model of his family values, Tam had legal services organizations across the rare collection of artifacts, some dat- been trained as an herbal doctor in China before emigrating to the U.S. It was many country continued a rapid expansion. ing as early as the 1910s, narrates the years, however, before he had the oppor- Starting in the late 1970s, Legal Aid position of the Hum/Tam family in tunity to practice his trade in Butte. There began to champion the cause of mi- Butte and among Chinese communities were several Chinese herbal doctors in Butte grant farm workers, sued the steel in- in the western United States and over the years. The most well-known of dustry to eliminate practices that pre- China. Butte-Silver Bow Public Ar- those from the early twentieth century was vented women and minorities from get- chives presents in the exhibit, One Huie Pock, who had his business in the next ting higher paying jobs, and targeted Family-One Hundred Years, a story of block of South Main from the Pekin. Several the cause of mentally disabled people. family commitment, rather than an years after Huie’s death in 1927, Tam ac- quired his collection of Chinese herbs. In the 1980s, President Reagan sought emphasis on Chinese illegal drugs and By 1942, Tam opened his business, ‘‘Joe to eliminate LSC, submitting seven prostitution. Displays provide insight Tom’s Herbs,’’ on the first floor of the Pekin straight budgets without an appropria- into Chinese social organizations, gam- Noodle Parlor building (at the 115 South tion for the corporation. While some of bling, herbal medicine, and the con- Main address). The business name suggests the funding was restored by a sympa- tinuing Chinese influence in Butte, that Tam specialized in dispensing herbs thetic Congress, Legal Aid lost $1.2 MT, by the Pekin Noodle Parlor. rather than diagnoses. His on-site adver- million in funding in 1982, forcing staff- The information follows: tising, however, promoted ‘‘free consulta- ing cuts in most offices. In response to tion’’ as well. A LOOK INSIDE THE EXHIBIT In 1947, Tam’s grandson, Ding Tam joined the cuts, under my leadership, the The Tam family’s roots in Montana extend the older man in Butte. Just as thousands of Maryland General Assembly estab- to the 1860s, almost 50 years before the open- Chinese immigrants before him, Ding came lished the Maryland Legal Services ing of the Pekin Noodle Parlor. Although his to the U.S. to make money to support his Corporation and provided funding name has been forgotten, the first family family back home. He quickly became through the Interest on Lawyer Trust member to come to the U.S. delivered sup- known by the more Americanized name of Accounts, IOLTA, Program to provide plies to the Chinese camps and communities Danny Wong, the last name taken from Bes- at various places in the American West. additional funding to Legal Aid and sie Wong’s family. Several years later he other legal services programs rep- Butte was among those camps. By the late took over the Pekin Noodle Parlor while his 1890s, his son came to Butte, where he and grandfather continued working as a Chinese resenting the poor. others ran a laundry on South Arizona herbal doctor. Danny married Sharon Chu on Under the leadership of Wilhelm H. Street for many years. The Quong Fong August 9, 1963, and raised five children in Joseph, Jr., who took the helm in 1996, Laundry was a staple on Arizona well into Butte, passing down the Tam family’s appre- Legal Aid has grown to be one of the the mid-1950s even after the Tam family ciation for higher education, commitment to Nation’s largest and most respected member had returned to China. hard work, and business savvy.∑ The next generation of family immigrants legal services organizations. Today, gained considerable prominence in China- f there are more than 250 staff members town and the community of Butte at large. 100TH ANNIVERSARY OF in 13 offices statewide. Last year, more Hum Yow and Tam Kwong Yee, close rel- MARYLAND LEGAL AID than 60,000 people from across the atives from the same district near Canton, State were served, including residents ∑ China, forged a successful alliance that Mr. CARDIN. Mr. President, today I of subsidized and public housing, the spanned most of the first half of the twen- wish to recognize the 100th anniversary elderly, migrant farm workers, and ne- tieth century. After erecting a building at of the Legal Aid Bureau in Baltimore, glected and abused children. the east edge of Chinatown at 115/117/119 MD. Legal Aid was founded in 1911 in South Main, Hum Yow & Co. established a I would ask my colleagues to join me Baltimore to provide legal representa- in congratulating Legal Aid for its out- Chinese mercantile there, to at least the late tion for the poor. In 1929, Baltimore at- 1910s. By 1914, a Sanborn map shows Hum standing achievements and service to Yow’s noodle parlor on the second floor, torneys H. Hamilton Hackney and John the people of Maryland over the past while Tam Kwong Yee managed a club room A. O’Shea took over leadership of Legal 100 years, reminding us of the impor- on the first floor facing onto China Alley. Aid. Mr. Hackney believed that justice tance of the words inscribed over the The inhabitants of Butte’s Chinatown should not be a matter of charity. He entrance to the U.S. Supreme Court, formed social clubs that were similar to believed that people should be secure ‘‘Equal Justice for All.’’∑ other fraternal organizations of that time. in the knowledge ‘‘that their poverty The purpose of these organizations, accord- does not necessarily mean that they f ing to their articles of incorporation, was to will be in a position of inequality be- provide for ‘‘. . . mutual helpfulness, mental TRIBUTE TO WILLIAM A. HAWKINS and moral improvement, mental recreation fore the law.’’ As a result of Hackney . . .’’ and so on. Artifacts from three known and O’Shea’s efforts, Legal Aid evolved ∑ Ms. KLOBUCHAR. Mr. President, Chinese clubs were found in the basement of from a charity organization to an inde- today I honor and pay tribute to a true the Pekin. Along with the clubs’ signs, such pendent, private, nonprofit corpora- leader from my home state of Min- items as membership rosters, instruments, tion. nesota, William A. Hawkins. Bill most maps and photos tell part of the story of During the Great Depression, Legal recently retired with distinction as the these long-gone associations. Aid’s poverty practice mushroomed. By chairman and CEO of Medtronic, the In the new country, where the Chinese population was predominantly single men who 1932, it was serving 3,200 clients a year. world’s leading medical technology knew little English, gambling was not only a In 1941, the staff consisted of five law- company. He is an individual whose life tradition that continued but also became a yers. In 1949, the caseload had grown to personifies the Medtronic Mission major form of recreation during social gath- 7,000 a year and Legal Aid helped its Statement.

VerDate Mar 15 2010 01:56 Jun 24, 2011 Jkt 099060 PO 00000 Frm 00035 Fmt 0624 Sfmt 0634 E:\CR\FM\G23JN6.053 S23JNPT1 tjames on DSKG8SOYB1PROD with SENATE S4072 CONGRESSIONAL RECORD — SENATE June 23, 2011 The Medtronic mission, in part, Bill serves on the board of visitors colorful past and saw its heyday during states, ‘‘To contribute to human wel- for the Duke University School of En- the prohibition era. When nearby fare by application of biomedical engi- gineering and the board of directors for towns imposed prohibition laws, neering in the research, design, manu- the Guthrie Theater and the University Ferney refused, earning itself a reputa- facture, and sale of instruments or ap- of Minnesota Foundation. tion as a ‘‘liquor town.’’ During this pliances that alleviate pain, restore I know that my colleagues join me, time Ferney’s saloons and local estab- health, and extend life.’’ his friends, family, and colleagues in lishments were booming businesses and Not every CEO gets the privilege to commending Bill Hawkins on his nu- among the first to reopen after the re- lead a company that makes lifesaving merous accomplishments and wishing peal of prohibition. Today, Ferney is products, but for Bill the Medtronic him well as he begins a new phase of known for its excellent hunting mission is very personal and is a source his career. grounds and friendly people. of encouragement for his distinguished Congratulations, Bill Hawkins.∑ I would like to offer my congratula- career. Several members of his own f tions to the citizens of Ferney on this family received medical technology milestone occasion and wish them con- products developed and manufactured ARMOUR, SOUTH DAKOTA tinued prosperity in the years to by the very company he has led. In 2008 ∑ Mr. THUNE. Mr. President, today I come.∑ when he was made chairman, he re- recognize Armour, SD. The town of Ar- f called the personal feeling he experi- mour will commemorate its 125th anni- enced during an assembly for employ- versary this year. STRANDBURG, SOUTH DAKOTA ees. Included in the audience were the Located in Douglas County, Armour ∑ Mr. THUNE. Mr. President, today I family members who had received coro- was founded in 1886 and named after recognize Strandburg, SD. The town of nary stents, a heart valve and a pace- Philip Armour, owner of the famed Strandburg will commemorate its 125th maker, and a deep brain stimulator to meatpacking giant Armour & Com- anniversary this year. control tremors caused by a World War pany. Philip Armour served on the Strandburg was founded in 1886 and II injury. board of directors of the railroad dur- was named after John Strandburg, an I have most especially appreciated ing the time the railroad was being original settler and the man who would Bill Hawkins in my role as chair of the constructed in Douglas County. Today, become the first postmaster. Located Subcommittee on Competitiveness, In- the community of Armour is known for in Grant County, Strandburg has been novation, and Export Promotion, its outstanding health care facilities a successful and thriving community where my focus has been creating an and its school district’s strong record for the past 125 years, and I am con- innovation agenda that can help grow of academic and athletic accomplish- fident that it will continue to serve as our economy and create jobs in Amer- ment. an example of South Dakota values and ica. Bill has a true passion for advanc- Armour has been a successful and traditions. ing innovation to make the world thriving community for the past 125 I would like to offer my congratula- healthier and has been a major influ- years, and I am confident that it will tions to the citizens of Strandburg on ence on all of Medtronic’s innovation- continue to serve as an example of this historic milestone.∑ related policies. I could not have asked South Dakota values and traditions. I f for a more inspired or committed part- would like to offer my congratulations ner with which to work during the last to the citizens of Armour on this im- TRIPP, SOUTH DAKOTA few years. portant milestone.∑ ∑ Mr. THUNE. Mr. President, today I Bill has nearly 35 years of career ex- recognize Tripp, SD. The town of Tripp perience in the medical device indus- f will commemorate its 125th anniver- try, serving in leadership positions at CLAREMONT, SOUTH DAKOTA sary this year. Novoste Corporation, American Home ∑ Tripp was founded in 1886 and was Products, Johnson & Johnson, Guidant Mr. THUNE. Mr. President, today I named after Judge Bartlett C. Tripp, Corporation, and Eli Lilly. He began recognize Claremont, SD. The town of who served as President of Dakota Ter- his medical technology career with Claremont is commemorating its 125th ritory’s first Territorial Constitutional Carolina Medical Electronics in 1977. anniversary this year. He joined Medtronic in 2002 as senior Claremont was founded in 1886 and Convention. Located in Hutchinson vice president and president of the named by rail workers after a town of County, today Tripp is home to beau- company’s vascular business before the same name in the state of New tiful prairies and excellent hunting. serving as corporate president and Hampshire. Located in Brown County, Tripp has been a successful and thriv- chief operating officer. Bill Hawkins Claremont was built along the rail line ing community for the past 125 years, was named chief executive officer of which ran from Rutland, ND to Aber- and I am confident that it will con- Medtronic in 2007 and assumed the ad- deen, SD. This resulted in rapid growth tinue to serve as an example of South ditional role of chairman in 2008. Under for the budding town. Settlers quickly Dakota values and traditions. I would his guidance, Medtronic’s capacity to realized the excellent farming poten- like to offer my congratulations to the serve patients extended further to pro- tial in the area and a booming agricul- citizens of Tripp on this landmark ∑ vide an array of diagnostic, preventive, tural industry was born. date. and chronic disease management solu- Claremont has been a successful and f thriving community for the past 125 tions. During his decade of service and MESSAGES FROM THE PRESIDENT leadership, the company launched years, and I am confident that it will many important new technologies, continue to serve as an example of Messages from the President of the made major investments in quality and South Dakota values and traditions. I United States were communicated to innovation, and successfully navigated would like to offer my congratulations the Senate by Mr. Pate, one of his sec- through an increasingly challenging to the citizens of Claremont on this retaries. ∑ environment. I have been pleased to landmark occasion. f work with Bill on health care and FDA f reform and a host of matters that have EXECUTIVE MESSAGES REFERRED ensured improved patient access to ad- FERNEY, SOUTH DAKOTA As in executive session the Presiding vanced medical technology. ∑ Mr. THUNE. Mr. President, today I Officer laid before the Senate messages In March of 2010 Bill received the recognize Ferney, SD. The town of from the President of the United Biomedical Engineering Society’s Dis- Ferney commemorates its 125th anni- States submitting sundry nominations tinguished Achievement Award. This versary this year. which were referred to the Committee award is given to recognize those who Located in Brown County, Ferney on the Judiciary. have made great contributions to the was founded in 1886 and named after a (The nominations received today are field of biomedical engineering/bio- town in France, which was the home of printed at the end of the Senate pro- engineering. a railway worker’s wife. Ferney has a ceedings.)

VerDate Mar 15 2010 01:56 Jun 24, 2011 Jkt 099060 PO 00000 Frm 00036 Fmt 0624 Sfmt 0634 E:\CR\FM\G23JN6.014 S23JNPT1 tjames on DSKG8SOYB1PROD with SENATE June 23, 2011 CONGRESSIONAL RECORD — SENATE S4073 REPORT ON THE CONTINUATION anniversary date of its declaration, the S. 1276. A bill to repeal the authority to OF THE NATIONAL EMERGENCY President publishes in the Federal Reg- provide certain loans to the International THAT WAS ORIGINALLY DE- ister and transmits to the Congress a Monetary Fund, the increase in the United CLARED IN EXECUTIVE ORDER notice stating that the emergency is to States quota to the Fund, and certain other related authorities, to rescind related appro- 13466 OF JUNE 26, 2008, WITH RE- continue in effect beyond the anniver- priated amounts, and for other purposes. SPECT TO THE CURRENT EXIST- sary date. In accordance with this pro- ENCE AND RISK OF THE PRO- vision, I have sent to the Federal Reg- f LIFERATION OF WEAPONS-USA- ister for publication the enclosed notice ENROLLED BILLS PRESENTED BLE FISSILE MATERIAL ON THE stating that the Western Balkans The Secretary of the Senate reported KOREAN PENINSULA—PM 12 emergency is to continue in effect be- that on today, June 23, 2011, she had The PRESIDING OFFICER laid beyond June 26, 2011. presented to the President of the The crisis constituted by the actions fore the Senate the following message United States the following enrolled of persons engaged in, or assisting, from the President of the United bills: sponsoring, or supporting (i) extremist States, together with an accompanying violence in the Republic of Macedonia S. 349. An act to designate the facility of report; which was referred to the Com- the United States Postal Service located at and elsewhere in the Western Balkans mittee on Banking, Housing, and 4865 Tallmadge Road in Rootstown, Ohio, as region, or (ii) acts obstructing imple- Urban Affairs: the ‘‘Marine Sgt. Jeremy E. Murray Post Of- mentation of the Dayton accords in fice’’. To the Congress of the United States: Bosnia, United Nations Security Coun- S. 655. An act to designate the facility of Section 202(d) of the National Emer- cil Resolution 1244 of June 10, 1999, in the United States Postal Service located at gencies Act (50 U.S.C. 1622(d)) provides Kosovo, or the Ohrid Framework 95 Dogwood Street in Cary, Mississippi, as for the automatic termination of a na- Agreement of 2001 in Macedonia, that the ‘‘Spencer Byrd Powers, Jr. Post Office’’. tional emergency unless, prior to the led to the declaration of a national f anniversary date of its declaration, the emergency on June 26, 2001, in Execu- EXECUTIVE AND OTHER President publishes in the Federal Reg- tive Order 13219, and to amendment of COMMUNICATIONS ister and transmits to the Congress a that order in Executive Order 13304 of notice stating that the emergency is to May 28, 2003, has not been resolved. The The following communications were continue in effect beyond the anniver- acts of extremist violence and obstruc- laid before the Senate, together with sary date. In accordance with this pro- tionist activity outlined in Executive accompanying papers, reports, and doc- vision, I have sent to the Federal Reg- Order 13219, as amended, are hostile to uments, and were referred as indicated: ister for publication the enclosed notice U.S. interests and continue to con- EC–2244. A communication from the Direc- stating that the national emergency stitute an unusual and extraordinary tor of the Regulatory Management Division, declared in Executive Order 13466 of threat to the national security and for- Office of Policy, Environmental Protection Agency, transmitting, pursuant to law, the June 26, 2008, expanded in scope in Ex- eign policy of the United States. For report of a rule entitled ‘‘2-methyl-2,4- ecutive Order 13551 of August 30, 2010, these reasons, I have determined that pentanediol; Exemption from the Require- and addressed further in Executive it is necessary to continue the national ment of a Tolerance’’ (FRL No. 8875–9) re- Order 13570 of April 18, 2011, is to con- emergency declared with respect to the ceived in the Office of the President of the tinue in effect beyond June 26, 2011. Western Balkans and maintain in force Senate on June 20, 2011; to the Committee on The existence and the risk of pro- the sanctions to respond to this threat. Agriculture, Nutrition, and Forestry. liferation of weapons-usable fissile ma- BARACK OBAMA. EC–2245. A communication from the Direc- terial on the Korean Peninsula, and the THE WHITE HOUSE, June 23, 2011. tor of Regulations and Policy Management actions and policies of the Government Staff, Food and Drug Administration, De- f partment of Health and Human Services, of North Korea that destabilize the Ko- MESSAGES FROM THE HOUSE transmitting, pursuant to law, the report of rean Peninsula and imperil U.S. Armed a rule entitled ‘‘Information Required in Forces, allies, and trading partners in ENROLLED BILLS SIGNED Prior Notice of Imported Food’’ (Docket No. the region, continue to constitute an At 10:03 a.m., a message from the FDA–2011–N–0179) received in the Office of unusual and extraordinary threat to House of Representatives, delivered by the President of the Senate on June 22, 2011; the national security, foreign policy, Mrs. Cole, one of its reading clerks, an- to the Committee on Agriculture, Nutrition, and economy of the United States. For nounced that the Speaker has signed and Forestry. these reasons, I have determined that the following enrolled bills: EC–2246. A communication from the Under S. 349. An act to designate the facility of Secretary of Defense (Personnel and Readi- it is necessary to continue the national ness), transmitting, pursuant to law, the an- emergency with respect to these the United States Postal Service located at 4865 Tallmadge Road in Rootstown, Ohio, as nual report of the National Security Edu- threats and maintain in force the cation Program for fiscal year 2010; to the measures taken to deal with that na- the ‘‘Marine Sgt. Jeremy E. Murray Post Of- fice’’. Committee on Armed Services. tional emergency. S. 655. An act to designate the facility of EC–2247. A communication from the Chief BARACK OBAMA. the United States Postal Service located at Counsel, Federal Emergency Management THE WHITE HOUSE, June 23, 2011. 95 Dogwood Street in Cary, Mississippi, as Agency, Department of Homeland Security, transmitting, pursuant to law, the report of f the ‘‘Spencer Byrd Powers, Jr. Post Office’’. a rule entitled ‘‘Suspension of Community REPORT ON THE CONTINUATION The enrolled bills were subsequently Eligibility’’ ((44 CFR Part 64) (Docket No. OF THE NATIONAL EMERGENCY signed by the President pro tempore FEMA–2011–0002)) received in the Office of THAT WAS ORIGINALLY DE- (Mr. INOUYE). the President of the Senate on June 22, 2011; CLARED IN EXECUTIVE ORDER to the Committee on Banking, Housing, and At 12:16 p.m., a message from the Urban Affairs. 13219 OF JUNE 26, 2001, WITH RE- House of Representatives, delivered by EC–2248. A communication from the Chief SPECT TO THE WESTERN BAL- Mr. Novotny, one of its reading clerks, Counsel, Federal Emergency Management KANS—PM 13 announced that the House passed the Agency, Department of Homeland Security, The PRESIDING OFFICER laid be- following bill, in which it requests the transmitting, pursuant to law, the report of fore the Senate the following message concurrence of the Senate: a rule entitled ‘‘Suspension of Community Eligibility’’ ((44 CFR Part 64) (Docket No. from the President of the United H.R. 2021. An act to amend the Clean Air FEMA–2011–0002)) received in the Office of Act regarding air pollution from Outer Con- States, together with an accompanying the President of the Senate on June 22, 2011; tinental Shelf activities. report; which was referred to the Com- to the Committee on Banking, Housing, and mittee on Banking, Housing, and f Urban Affairs. Urban Affairs: MEASURES READ THE FIRST TIME EC–2249. A communication from the Chief Counsel, Federal Emergency Management To the Congress of the United States: The following bills were read the first Agency, Department of Homeland Security, Section 202(d) of the National Emer- time: transmitting, pursuant to law, the report of gencies Act (50 U.S.C. 1622(d)) provides H.R. 2021. An act to amend the Clean Air a rule entitled ‘‘Changes in Flood Elevation for the automatic termination of a na- Act regarding air pollution from Outer Con- Determinations’’ ((44 CFR Part 65) (Docket tional emergency unless, prior to the tinental Shelf activities. No. FEMA–2011–0002)) received in the Office

VerDate Mar 15 2010 01:56 Jun 24, 2011 Jkt 099060 PO 00000 Frm 00037 Fmt 0624 Sfmt 0634 E:\CR\FM\A23JN6.020 S23JNPT1 tjames on DSKG8SOYB1PROD with SENATE S4074 CONGRESSIONAL RECORD — SENATE June 23, 2011 of the President of the Senate on June 22, 22, 2011; to the Committee on Commerce, mulgation of Implementation Plans; South 2011; to the Committee on Banking, Housing, Science, and Transportation. Carolina: Prevention of Significant Deterio- and Urban Affairs. EC–2259. A communication from the Senior ration and Nonattainment New Source Re- EC–2250. A communication from the Chief Program Analyst, Federal Aviation Adminis- view; Fine Particulate Matter and Nitrogen Counsel, Federal Emergency Management tration, Department of Transportation, Oxides as a Precursor to Ozone’’ (FRL No. Agency, Department of Homeland Security, transmitting, pursuant to law, the report of 9322–6) received in the Office of the President transmitting, pursuant to law, the report of a rule entitled ‘‘Amendment of Class E Air- of the Senate on June 20, 2011; to the Com- a rule entitled ‘‘Changes in Flood Elevation space; Cocoa, FL’’ ((RIN2120–AA66) (Docket mittee on Environment and Public Works. Determinations’’ ((44 CFR Part 65) (Docket No. FAA–2011–0070)) received in the Office of EC–2268. A communication from the Direc- No. FEMA–2011–0002)) received in the Office the President of the Senate on June 22, 2011; tor of the Regulatory Management Division, of the President of the Senate on June 22, to the Committee on Commerce, Science, Office of Policy, Environmental Protection 2011; to the Committee on Banking, Housing, and Transportation. Agency, transmitting, pursuant to law, the and Urban Affairs. EC–2260. A communication from the Senior report of a rule entitled ‘‘Approval and Pro- EC–2251. A communication from the Chief Program Analyst, Federal Aviation Adminis- mulgation of Implementation Plans; State of Counsel, Federal Emergency Management tration, Department of Transportation, Idaho; Regional Haze State Implementation Agency, Department of Homeland Security, transmitting, pursuant to law, the report of Plan and Interstate Transport Plan’’ (FRL transmitting, pursuant to law, the report of a rule entitled ‘‘Modification of Class E Air- No. 9321–4) received in the Office of the Presi- a rule entitled ‘‘Final Flood Elevation Deter- space; Newcastle, WY’’ ((RIN2120–AA66) dent of the Senate on June 20, 2011; to the minations’’ ((44 CFR Part 67) (Docket No. (Docket No. FAA–2011–0252)) received in the Committee on Environment and Public FEMA–2011–0002)) received in the Office of Office of the President of the Senate on June Works. the President of the Senate on June 22, 2011; 22, 2011; to the Committee on Commerce, EC–2269. A communication from the Direc- to the Committee on Banking, Housing, and Science, and Transportation. tor of the Regulatory Management Division, Urban Affairs. EC–2261. A communication from the Senior Office of Policy, Environmental Protection EC–2252. A communication from the Assist- Program Analyst, Federal Aviation Adminis- Agency, transmitting, pursuant to law, the ant Secretary for Export Administration, tration, Department of Transportation, report of a rule entitled ‘‘Hazardous Waste Bureau of Industry and Security, Depart- transmitting, pursuant to law, the report of Manifest Printing Specifications Correction ment of Commerce, transmitting, pursuant a rule entitled ‘‘Establishment of Class E Rule’’ (FRL No. 9321–8) received in the Office to law, the report of a rule entitled ‘‘Export Airspace; Brunswick, ME’’ ((RIN2120–AA66) of the President of the Senate on June 20, Controls for High Performance Computers: (Docket No. FAA–2011–0116)) received in the 2011; to the Committee on Environment and Wassenaar Arrangement Agreement Imple- Office of the President of the Senate on June Public Works. mentation for ECCN 4A003 and Revisions to 22, 2011; to the Committee on Commerce, EC–2270. A communication from the Direc- License Exception’’ (RIN0694–AF15) received Science, and Transportation. tor of the Regulatory Management Division, in the Office of the President of the Senate EC–2262. A communication from the Senior Office of Policy, Environmental Protection on June 22, 2011; to the Committee on Bank- Program Analyst, Federal Aviation Adminis- Agency, transmitting, pursuant to law, the ing, Housing, and Urban Affairs. tration, Department of Transportation, report of a rule entitled ‘‘MINNESOTA: EC–2253. A communication from the Presi- transmitting, pursuant to law, the report of Final Authorization of State Hazardous dent and Chief Financial Officer, Federal a rule entitled ‘‘Standard Instrument Ap- Waste Management Program Revision’’ (FRL Home Loan Bank of Topeka, transmitting, proach Procedures (88); Amdt. No. 3429’’ No. 9323–4) received in the Office of the Presi- pursuant to law, the Bank’s management re- (RIN2120–AA65) received in the Office of the dent of the Senate on June 20, 2011; to the ports and statements on system of internal President of the Senate on June 22, 2011; to Committee on Environment and Public controls for fiscal year 2010; to the Com- the Committee on Commerce, Science, and Works. EC–2271. A communication from the Direc- mittee on Banking, Housing, and Urban Af- Transportation. tor of the Regulatory Management Division, fairs. EC–2263. A communication from the Ad- Office of Policy, Environmental Protection EC–2254. A communication from the ASC ministrator, Energy Information Adminis- Agency, transmitting, pursuant to law, the Chairman, Appraisal Subcommittee, Federal tration, Department of Energy, transmit- report of a rule entitled ‘‘Approval and Pro- Financial Institutions Examination Council, ting, pursuant to law, a report entitled ‘‘An- mulgation of Air Quality Implementation transmitting, pursuant to law, the Appraisal nual Energy Outlook 2011’’; to the Com- Plans; Virginia; Adoption of the Revised Ni- Subcommittee’s 2010 Annual Report; to the mittee on Energy and Natural Resources. trogen Dioxide Standard’’ (FRL No. 9321–5) Committee on Banking, Housing, and Urban EC–2264. A communication from the Direc- received in the Office of the President of the Affairs. tor of the Regulatory Management Division, Senate on June 20, 2011; to the Committee on EC–2255. A communication from the Senior Office of Policy, Environmental Protection Environment and Public Works. Program Analyst, Federal Aviation Adminis- Agency, transmitting, pursuant to law, the EC–2272. A communication from the Chair- tration, Department of Transportation, report of a rule entitled ‘‘Approval and Pro- man, Medicare Payment Advisory Commis- transmitting, pursuant to law, the report of mulgation of Implementation Plans and Des- sion, transmitting, pursuant to law, a report a rule entitled ‘‘Amendment of Federal Air- ignations of Areas for Air Quality Planning entitled, ‘‘Report to the Congress: Medicare ways; Alaska’’ ((RIN2120–AA66) (Docket No. Purposes; Georgia: Atlanta; Determination and the Health Care Delivery System’’; to FAA–2011–0010)) received in the Office of the of Attainment for the 1997 8-Hour Ozone the Committee on Finance. President of the Senate on June 22, 2011; to Standards’’ (FRL No. 9322–4) received in the EC–2273. A communication from the Board the Committee on Commerce, Science, and Office of the President of the Senate on June Members, Railroad Retirement Board, trans- Transportation. 20, 2011; to the Committee on Environment mitting, pursuant to law, a report relative to EC–2256. A communication from the Senior and Public Works. the actuarial status of the railroad retire- Program Analyst, Federal Aviation Adminis- EC–2265. A communication from the Direc- ment system; to the Committee on Finance. tration, Department of Transportation, tor of the Regulatory Management Division, EC–2274. A communication from the Board transmitting, pursuant to law, the report of Office of Policy, Environmental Protection of Trustees, National Railroad Retirement a rule entitled ‘‘Amendment of Class E Air- Agency, transmitting, pursuant to law, the Investment Trust, transmitting, pursuant to space; Duluth, MN’’ ((RIN2120–AA66) (Docket report of a rule entitled ‘‘Mandatory Report- law, the 2011 annual report on the financial No. FAA–2011–0123)) received in the Office of ing of Greenhouse Gases: Additional Sources status of the railroad unemployment insur- the President of the Senate on June 22, 2011; of Fluorinated GHGs: Extension of Best ance system; to the Committee on Finance. to the Committee on Commerce, Science, Available Monitoring Provisions for Elec- EC–2275. A communication from the Dep- and Transportation. tronic Manufacturing’’ (FRL No. 9322–1) re- uty Director, Directorate of Standards and EC–2257. A communication from the Senior ceived in the Office of the President of the Guidance, Occupational Safety and Health Program Analyst, Federal Aviation Adminis- Senate on June 20, 2011; to the Committee on Administration, transmitting, pursuant to tration, Department of Transportation, Environment and Public Works. law, the report of a rule entitled ‘‘Standards transmitting, pursuant to law, the report of EC–2266. A communication from the Direc- Improvement Project—Phase III’’ (RIN1218– a rule entitled ‘‘Amendment of Class E Air- tor of the Regulatory Management Division, AC19) received in the Office of the President space; Waynesboro, VA’’ ((RIN2120–AA66) Office of Policy, Environmental Protection of the Senate on June 22, 2011; to the Com- (Docket No. FAA–2010–1232)) received in the Agency, transmitting, pursuant to law, the mittee on Health, Education, Labor, and Office of the President of the Senate on June report of a rule entitled ‘‘Approval and Pro- Pensions. 22, 2011; to the Committee on Commerce, mulgation of Air Quality Implementation EC–2276. A communication from the Ad- Science, and Transportation. Plans; State of Louisiana’’ (FRL No. 9323–7) ministrator of the Small Business Adminis- EC–2258. A communication from the Senior received in the Office of the President of the tration, transmitting, pursuant to law, the Program Analyst, Federal Aviation Adminis- Senate on June 20, 2011; to the Committee on Semiannual Report from the Office of the In- tration, Department of Transportation, Environment and Public Works. spector General for the period from October transmitting, pursuant to law, the report of EC–2267. A communication from the Direc- 1, 2010 through March 31, 2011; to the Com- a rule entitled ‘‘Amendment of Class E Air- tor of the Regulatory Management Division, mittee on Homeland Security and Govern- space; Bozeman, MT’’ ((RIN2120–AA66) Office of Policy, Environmental Protection mental Affairs. (Docket No. FAA–2011–0249)) received in the Agency, transmitting, pursuant to law, the EC–2277. A communication from the Direc- Office of the President of the Senate on June report of a rule entitled ‘‘Approval and Pro- tor, National Legislative Commission, The

VerDate Mar 15 2010 01:56 Jun 24, 2011 Jkt 099060 PO 00000 Frm 00038 Fmt 0624 Sfmt 0634 E:\CR\FM\A23JN6.023 S23JNPT1 tjames on DSKG8SOYB1PROD with SENATE June 23, 2011 CONGRESSIONAL RECORD — SENATE S4075 American Legion, transmitting, pursuant to REPORTS OF COMMITTEES David L. McNulty, of New York, to be law, a report relative to the financial condi- United States Marshal for the Northern Dis- tion of The American Legion as of December The following reports of committees trict of New York for the term of four years. were submitted: 31, 2010; to the Committee on the Judiciary. *Nomination was reported with rec- EC–2278. A communication from the Direc- By Mr. LEAHY, from the Committee on ommendation that it be confirmed sub- tor of the Regulation Policy and Manage- the Judiciary, with an amendment in the na- ment Office, Veterans Health Administra- ture of a substitute: ject to the nominee’s commitment to tion, Department of Veterans Affairs, trans- S. 1145. A bill to amend title 18, United respond to requests to appear and tes- mitting, pursuant to law, the report of a rule States Code, to clarify and expand Federal tify before any duly constituted com- entitled ‘‘Reimbursement Offsets for Medical criminal jurisdiction over Federal contrac- mittee of the Senate. Care or Services’’ (RIN2900–AN55) received in tors and employees outside the United (Nominations without an asterisk the Office of the President of the Senate on States, and for other purposes. were reported with the recommenda- June 22, 2011; to the Committee on Veterans’ f tion that they be confirmed.) Affairs. f f EXECUTIVE REPORTS OF COMMITTEES INTRODUCTION OF BILLS AND PETITIONS AND MEMORIALS The following executive reports of JOINT RESOLUTIONS The following petition or memorial nominations were submitted: The following bills and joint resolu- was laid before the Senate and was re- By Mr. KERRY for the Committee on For- tions were introduced, read the first ferred or ordered to lie on the table as and second times by unanimous con- indicated: eign Relations. *Gary Locke, of Washington, to be Ambas- sent, and referred as indicated: POM–47. A resolution adopted by the Sen- sador Extraordinary and Plenipotentiary of By Mr. AKAKA (for himself, Mr. JOHN- ate of the State of Rhode Island urging the the United States of America to the People’s SON of South Dakota, and Mr. members of the Rhode Island Congressional Republic of China. INOUYE): Delegation to join as cosponsors of the Main Nominee: Gary F. Locke. S. 1262. A bill to improve Indian education, Street Fairness Act and the President of the Post: U.S. Ambassador to China. and for other purposes; to the Committee on United States to sign into law the Main (The following is a list of all members of Indian Affairs. Street Fairness Act, upon its passage from my immediate family and their spouses. I By Mr. KOHL (for himself and Mr. Congress; to the Committee on Finance. have asked each of these persons to inform MANCHIN): SENATE RESOLUTION NO. 11R280(11–S0976) me of the pertinent contributions made by S. 1263. A bill to encourage, enhance, and Whereas, the 1967 Bellas Hess and the 1992 them. To the best of my knowledge, the in- integrate Silver Alert plans throughout the Quill U.S. Supreme Court decisions denied formation contained in this report is com- United States and for other purposes; to the states the authority to require collection of plete and accurate.) Committee on the Judiciary. sales and use taxes by out-of-state sellers Contributions, amount, date, and donee: By Mrs. FEINSTEIN (for herself, Mr. that have no physical presence in the taxing 1. Self and 2. Spouse Mona Lee Locke: KERRY, Mr. REID, Mr. LEAHY, and Mr. state; and $250.00, 7/23/2008, Darcy Burner for Congress; DURBIN): Whereas, the combined weight of the in- $2,000.00, 10/8/2008, Obama Victory Fund. S. 1264. A bill to require the Secretary of ability to collect sales and use taxes on re- 3. Children and Spouses: $0. Emily Nicole Veterans Affairs to permit facilities of the mote sales through traditional carriers and Locke: $0. Dylan James Locke: $0. Madeline Department of Veterans Affairs to be des- the tax erosion due to electronic commerce Lee Locke: $0. ignated as voter registration agencies, and threatens the future viability of the sales 4. Parents: Julie Locke: $0. Jimmy Locke— for other purposes; to the Committee on Vet- tax as a stable revenue source for state and deceased: $0. erans’ Affairs. local governments; and 5. Grandparents: Deceased: $0. Deceased: $0. By Mr. BINGAMAN (for himself, Mr. Whereas, according to the National Con- 6. Brothers and Spouses: Jeff Locke & BAUCUS, Mr. WYDEN, Mr. UDALL of ference of State Legislatures, states lost an Doris Locke: $0. Colorado, and Mr. TESTER): estimated $8.6 billion in 2010, and total rev- Sisters and Spouses: Marian Locke Monwai S. 1265. A bill to amend the Land and enue loss is projected to balloon to $37 bil- & Pete Monwai: $0. Rita Locke Yoshihara & Water Conservation Fund Act of 1965 to pro- lion from 2009 to 2012; and Joe Yoshihara: $0. Jannie Locke Chow & Ed vide consistent and reliable authority for, Whereas, according to the National Con- Chow: $0. and for the funding of, the land and water ference of State Legislatures, Rhode Island conservation fund to maximize the effective- will lose an estimated $70.4 million in Fiscal *Ryan C. Crocker, of Washington, Personal ness of the fund for future generations, and Year 2012 because of this inability to require Rank of Career Ambassador, to be Ambas- for other purposes; to the Committee on En- remote sellers to collect our state’s sales and sador Extraordinary and Plenipotentiary of ergy and Natural Resources. use taxes; and the United States of America to the Islamic By Mr. CARPER (for himself, Mr. Whereas, Rhode Island is one of twenty- Republic of Afghanistan. COONS, Mr. MENENDEZ, Mr. LAUTEN- four states complying with the Streamlined Nominee: Ryan Clark Crocker. BERG, Mr. SCHUMER, Mrs. GILLIBRAND, Sales and Use Tax Agreement; and Post: Afghanistan. and Mr. CASEY): Whereas, The Main Street Fairness Act has (The following is a list of all members of S. 1266. A bill to direct the Secretary of the been introduced in the 112th Congress to my immediate family and their spouses. I Interior to establish a program to build on grant those states that comply with the have asked each of these persons to inform and help coordinate funding for the restora- agreement the authority to require all sell- me of the pertinent contributions made by tion and protection efforts of the 4-State ers, regardless of nexus, to collect those them. To the best of my knowledge, the in- Delaware River Basin region, and for other states’ sales and use taxes: Now, therefore be formation contained in this report is com- purposes; to the Committee on Environment it plete and accurate.) and Public Works. Resolved, That this Senate of the State of Contributions, amount, date, and donee: By Mr. ROCKEFELLER: Rhode Island and Providence Plantations 1. Self: None. S. 1267. A bill to strengthen United States calls upon the members of our Congressional 2. Spouse: None. trade laws, and for other purposes; to the Delegation to join as cosponsors of the Main 3. Children and Spouses: N/A—no children. Committee on Finance. Street Fairness Act to support its swift 4. Parents: None living. By Mr. LIEBERMAN (for himself, Ms. adoption by the Congress of the United 5. Grandparents: None living. COLLINS, and Mr. AKAKA): States; and be it further 6. Brothers and Spouses: N/A—no brothers. S. 1268. A bill to increase the efficiency and Resolved, That this Senate urges President 7. Sisters and Spouses: N/A—no sisters. effectiveness of the Government by pro- Barack Obama to sign the Main Street Fair- viding for greater interagency experience ness Act into law, upon its passage by the *William J. Burns, of Maryland, a Career among national security and homeland secu- Congress; and be it further Member of the Senior Foreign Service with rity personnel through the development of a Resolved, That the Secretary of State be the Personal Rank of Career Ambassador, to national security and homeland security and he hereby is authorized and directed to be Deputy Secretary of State. human capital strategy and interagency ro- transmit duly certified copies of this resolu- By Mr. LEAHY for the Committee on the tational service by employees, and for other tion to the President of the United States, Judiciary. purposes; to the Committee on Homeland Se- the President and Secretary of the United Major General Marilyn A. Quagliotti, curity and Governmental Affairs. States Senate, the Speaker and the Clerk of USAF (Ret.), of Virginia, to be Deputy Direc- By Ms. SNOWE (for herself, Mrs. MUR- the United States House of Representatives, tor for Supply Reduction, Office of National RAY, and Mr. BINGAMAN): the Chair of the Senate Committee on Fi- Drug Control Policy. S. 1269. A bill to amend the Elementary nance, the Chair of the House Committee on Alfred Cooper Lomax, of Missouri, to be and Secondary Education Act of 1965 to re- Ways and Means, and Rhode Island’s Con- United States Marshal for the Western Dis- quire the Secretary of Education to collect gressional Delegation. trict of Missouri for the term of four years. information from coeducational secondary

VerDate Mar 15 2010 01:56 Jun 24, 2011 Jkt 099060 PO 00000 Frm 00039 Fmt 0624 Sfmt 0634 E:\CR\FM\A23JN6.024 S23JNPT1 tjames on DSKG8SOYB1PROD with SENATE S4076 CONGRESSIONAL RECORD — SENATE June 23, 2011 schools on such schools’ athletic programs, tional Music Education Week’’; to the Com- (Mr. BLUMENTHAL) was added as a co- and for other purposes; to the Committee on mittee on the Judiciary. sponsor of S. 606, a bill to amend the Health, Education, Labor, and Pensions. By Ms. MIKULSKI (for herself and Ms. Federal Food, Drug, and Cosmetic Act By Mr. WHITEHOUSE (for himself, Mr. MURKOWSKI): to improve the priority review voucher BROWN of Ohio, and Ms. MURKOWSKI): S. Res. 215. A resolution designating the S. 1270. A bill to prohibit the export from month of June 2011 as ‘‘National incentive program relating to tropical the United States of certain electronic Cytomegalovirus Awareness Month’’; consid- and rare pediatric diseases. waste, and for other purposes; to the Com- ered and agreed to. S. 643 mittee on Environment and Public Works. By Mrs. BOXER (for herself and Mr. At the request of Ms. STABENOW, the By Mr. WHITEHOUSE: DEMINT): name of the Senator from California S. 1271. A bill to amend the Internal Rev- S. Res. 216. A resolution encouraging wom- (Mrs. BOXER) was added as a cosponsor enue Code of 1968 to provide a temporary en’s political participation in Saudi Arabia; credit for hiring previously unemployed to the Committee on Foreign Relations. of S. 643, a bill to amend title XIX of workers; to the Committee on Finance. By Mr. WEBB (for himself and Mr. the Social Security Act to direct Med- By Mr. UDALL of New Mexico (for WARNER): icaid EHR incentive payments to feder- S. Con. Res. 24. A concurrent resolution himself and Mr. BINGAMAN): ally qualified health centers and rural commemorating the 75th anniversary of the S. 1272. A bill to require the Secretary of dedication of Shenandoah National Park; to health clinics. Veterans Affairs to submit to Congress a re- the Committee on Energy and Natural Re- S. 673 port on the feasibility and advisability of es- sources. At the request of Mr. BEGICH, the tablishing a polytrauma rehabilitation center or polytrauma network site of the De- f name of the Senator from Oregon (Mr. WYDEN) was added as a cosponsor of S. partment of Veterans Affairs in the southern ADDITIONAL COSPONSORS New Mexico and El Paso, Texas, region, and 673, a bill to require the conveyance of for other purposes; to the Committee on Vet- S. 136 the decommissioned Coast Guard Cut- erans’ Affairs. At the request of Mrs. FEINSTEIN, the ter STORIS. By Mr. CASEY (for himself, Mr. HAR- name of the Senator from Connecticut S. 752 KIN, and Mr. SANDERS): (Mr. BLUMENTHAL) was added as a co- At the request of Mrs. FEINSTEIN, the S. 1273. A bill to amend the Fair Labor sponsor of S. 136, a bill to establish re- Standards Act with regard to certain exemp- quirements with respect to bisphenol name of the Senator from Oregon (Mr. tions under that Act for direct care workers A. WYDEN) was added as a cosponsor of S. and to improve the systems for the collec- 752, a bill to establish a comprehensive S. 362 tion and reporting of data relating to the di- interagency response to reduce lung At the request of Mr. WHITEHOUSE, rect care workforce, and for other purposes; cancer mortality in a timely manner. to the Committee on Health, Education, the name of the Senator from Mis- S. 798 Labor, and Pensions. sissippi (Mr. COCHRAN) was added as a By Mr. ENZI (for himself, Mr. ISAKSON, cosponsor of S. 362, a bill to amend the At the request of Mr. TESTER, the and Mrs. SHAHEEN): Public Health Service Act to provide names of the Senator from Montana S. 1274. A bill to provide for a biennial ap- for a Pancreatic Cancer Initiative, and (Mr. BAUCUS) and the Senator from propriations process with the exception of for other purposes. Virginia (Mr. WEBB) were added as co- defense spending and to enhance oversight S. 412 sponsors of S. 798, a bill to provide an and the performance of the Federal Govern- At the request of Mr. LEVIN, the amnesty period during which veterans ment; to the Committee on the Budget. and their family members can register By Mr. DURBIN (for himself, Mr. KOHL, name of the Senator from Virginia (Mr. and Mr. BINGAMAN): WEBB) was added as a cosponsor of S. certain firearms in the National Fire- S. 1275. A bill to require the Secretary of 412, a bill to ensure that amounts cred- arms Registration and Transfer Health and Human Services to remove social ited to the Harbor Maintenance Trust Record, and for other purposes. security account numbers from Medicare Fund are used for harbor maintenance. S. 834 identification cards and communications S. 414 At the request of Mr. CASEY, the provided to Medicare beneficiaries in order At the request of Mr. DURBIN, the name of the Senator from Michigan to protect Medicare beneficiaries from iden- name of the Senator from Maine (Ms. tity theft; to the Committee on Finance. (Ms. STABENOW) was added as a cospon- COLLINS) was added as a cosponsor of S. By Mr. DEMINT (for himself, Mr. VIT- sor of S. 834, a bill to amend the Higher TER, Mr. CORNYN, Mr. CRAPO, Mr. 414, a bill to protect girls in developing Education Act of 1965 to improve edu- INHOFE, Mr. HATCH, and Mr. RISCH): countries through the prevention of cation and prevention related to cam- S. 1276. A bill to repeal the authority to child marriage, and for other purposes. pus sexual violence, domestic violence, provide certain loans to the International S. 418 dating violence, and stalking. Monetary Fund, the increase in the United At the request of Mr. HARKIN, the S. 838 States quota to the Fund, and certain other name of the Senator from Louisiana related authorities, to rescind related appro- At the request of Mr. TESTER, the (Ms. LANDRIEU) was added as a cospon- name of the Senator from North Caro- priated amounts, and for other purposes; sor of S. 418, a bill to award a Congres- read the first time. lina (Mrs. HAGAN) was added as a co- sional Gold Medal to the World War II By Ms. CANTWELL (for herself, Mr. sponsor of S. 838, a bill to amend the members of the Civil Air Patrol. GRASSLEY, Ms. KLOBUCHAR, Mr. Toxic Substances Control Act to clar- BLUNT, Mr. HARKIN, Mrs. MURRAY, S. 591 ify the jurisdiction of the Environ- and Mr. FRANKEN): At the request of Mr. BROWN of Ohio, mental Protection Agency with respect S. 1277. A bill to amend the Internal Rev- the name of the Senator from New to certain sporting good articles, and enue Code of 1986 to modify the incentives York (Mrs. GILLIBRAND) was added as a to exempt those articles from a defini- for the production of biodiesel; to the Com- cosponsor of S. 591, a bill to amend the tion under that Act. mittee on Finance. Internal Revenue Code of 1986 to extend At the request of Mr. THUNE, the By Ms. SNOWE (for herself, Mr. ROB- the qualifying advanced energy project ERTS, Mr. CORNYN, Mr. BOOZMAN, Mr. credit. name of the Senator from Mississippi BLUNT, and Mr. BARRASSO): (Mr. COCHRAN) was added as a cospon- S. 595 S. 1278. A bill to amend the Internal Rev- sor of S. 838, supra. enue Code of 1986 to repeal the excise tax on At the request of Mr. THUNE, the S. 958 indoor tanning services; to the Committee name of the Senator from Oklahoma on Finance. (Mr. INHOFE) was added as a cosponsor At the request of Mr. CASEY, the name of the Senator from Maryland f of S. 595, a bill to amend title VIII of the Elementary and Secondary Edu- (Ms. MIKULSKI) was added as a cospon- SUBMISSION OF CONCURRENT AND cation Act of 1965 to require the Sec- sor of S. 958, a bill to amend the Public SENATE RESOLUTIONS retary of Education to complete pay- Health Service Act to reauthorize the The following concurrent resolutions ments under such title to local edu- program of payments to children’s hos- and Senate resolutions were read, and cational agencies eligible for such pay- pitals that operate graduate medical referred (or acted upon), as indicated: ments within 3 fiscal years. education programs. By Mrs. MURRAY: S. 606 S. 968 S. Res. 214. A resolution designating the At the request of Mr. CASEY, the At the request of Mr. LEAHY, the week of June 24 through 28, 2011, as ‘‘Na- name of the Senator from Connecticut names of the Senator from Kansas (Mr.

VerDate Mar 15 2010 01:56 Jun 24, 2011 Jkt 099060 PO 00000 Frm 00040 Fmt 0624 Sfmt 0634 E:\CR\FM\A23JN6.049 S23JNPT1 tjames on DSKG8SOYB1PROD with SENATE June 23, 2011 CONGRESSIONAL RECORD — SENATE S4077 MORAN) and the Senator from Mis- (Mr. PRYOR) was added as a cosponsor COLLINS) was added as a cosponsor of S. sissippi (Mr. COCHRAN) were added as of S. 1181, a bill to require the Sec- Con. Res. 23, a concurrent resolution cosponsors of S. 968, a bill to prevent retary of the Treasury to mint coins in declaring that it is the policy of the online threats to economic creativity commemoration of the National Fu- United States to support and facilitate and theft of intellectual property, and ture Farmers of America Organization Israel in maintaining defensible bor- for other purposes. and the 85th anniversary of the found- ders and that it is contrary to United S. 996 ing of the National Future Farmers of States policy and national security to At the request of Mr. ROCKEFELLER, America Organization. have the borders of Israel return to the the name of the Senator from New S. 1188 armistice lines that existed on June 4, York (Mrs. GILLIBRAND) was added as a At the request of Mr. BROWN of Ohio, 1967. cosponsor of S. 996, a bill to amend the the name of the Senator from West S. RES. 213 Internal Revenue Code of 1986 to extend Virginia (Mr. ROCKEFELLER) was added At the request of Mr. DEMINT, the the new markets tax credit through as a cosponsor of S. 1188, a bill to re- names of the Senator from North Da- 2016, and for other purposes. quire the purchase of domestically kota (Mr. HOEVEN), the Senator from S. 1002 made flags of the United States of Nevada (Mr. HELLER), the Senator from At the request of Mr. SCHUMER, the America for use by the Federal Govern- Tennessee (Mr. CORKER), the Senator name of the Senator from Illinois (Mr. ment. from Pennsylvania (Mr. TOOMEY) and KIRK) was added as a cosponsor of S. S. 1189 the Senator from Indiana (Mr. LUGAR) 1002, a bill to prohibit theft of medical At the request of Mr. PORTMAN, the were added as cosponsors of S. Res. 213, products, and for other purposes. name of the Senator from Arizona (Mr. a resolution commending and express- S. 1009 KYL) was added as a cosponsor of S. ing thanks to professionals of the intel- At the request of Mr. RUBIO, the 1189, a bill to amend the Unfunded ligence community. name of the Senator from Arizona (Mr. Mandates Reform Act of 1995 (2 U.S.C. AMENDMENT NO. 499 KYL) was added as a cosponsor of S. 1501 et seq.) to provide for regulatory At the request of Mr. VITTER, the 1009, a bill to rescind certain Federal impact analyses for certain rules, con- name of the Senator from Wyoming funds identified by States as unwanted sideration of the least burdensome reg- (Mr. BARRASSO) was added as a cospon- and use the funds to reduce the Federal ulatory alternative, and for other pur- sor of amendment No. 499 proposed to debt. poses. S. 679, a bill to reduce the number of S. 1025 S. 1236 executive positions subject to Senate At the request of Mr. LEAHY, the At the request of Mrs. FEINSTEIN, the confirmation. names of the Senator from Ohio (Mr. name of the Senator from New Mexico AMENDMENT NO. 510 BROWN) and the Senator from Massa- (Mr. UDALL) was added as a cosponsor At the request of Mr. DEMINT, the chusetts (Mr. BROWN) were added as co- of S. 1236, a bill to reduce the traf- name of the Senator from Iowa (Mr. sponsors of S. 1025, a bill to amend title ficking of drugs and to prevent human GRASSLEY) was added as a cosponsor of 10, United States Code, to enhance the smuggling across the Southwest Border amendment No. 510 proposed to S. 679, national defense through empowerment by deterring the construction and use a bill to reduce the number of execu- of the National Guard, enhancement of of border tunnels. tive positions subject to Senate con- the functions of the National Guard S. 1249 firmation. Bureau, and improvement of Federal- At the request of Mr. UDALL of Colo- State military coordination in domes- f rado, the name of the Senator from tic emergency response, and for other STATEMENTS ON INTRODUCED North Carolina (Mrs. HAGAN) was added purposes. BILLS AND JOINT RESOLUTIONS as a cosponsor of S. 1249, a bill to S. 1048 amend the Pittman-Robertson Wildlife By Mr. AKAKA (for himself, Mr. At the request of Mr. MENENDEZ, the Restoration Act to facilitate the estab- JOHNSON of South Dakota, and names of the Senator from Maryland lishment of additional or expanded Mr. INOUYE): (Mr. CARDIN), the Senator from South public target ranges in certain States. S. 1262. A bill to improve Indian edu- Carolina (Mr. GRAHAM) and the Senator S. 1258 cation, and for other purposes; to the from Nebraska (Mr. NELSON) were Committee on Indian Affairs. added as cosponsors of S. 1048, a bill to At the request of Mr. MENENDEZ, the name of the Senator from California Mr. AKAKA. Mr. President, I rise expand sanctions imposed with respect today to introduce the Native culture, to the Islamic Republic of Iran, North (Mrs. BOXER) was added as a cosponsor of S. 1258, a bill to provide for com- language, and access for success in Korea, and Syria, and for other pur- schools bill, Native CLASS. poses. prehensive immigration reform, and for other purposes. As a former educator, I understand S. 1094 the critical role of education, not just S.J. RES. 17 At the request of Mr. MENENDEZ, the to the life of a young person, but also name of the Senator from Maryland At the request of Mr. MCCONNELL, to the future of a culture and a com- (Ms. MIKULSKI) was added as a cospon- the names of the Senator from munity. For too long, the Native peo- sor of S. 1094, a bill to reauthorize the Vermont (Mr. SANDERS), the Senator ple of this country have lived with a Combating Autism Act of 2006 (Public from Oregon (Mr. WYDEN), the Senator substandard education system that Law 109–416). from Oklahoma (Mr. INHOFE) and the lacks cultural relevance and is bur- Senator from Oklahoma (Mr. COBURN) S. 1107 dened with administrative challenges At the request of Mr. MENENDEZ, the were added as cosponsors of S.J. Res. and severe underfunding. name of the Senator from Connecticut 17, a joint resolution approving the re- Three major reports by the Federal (Mr. BLUMENTHAL) was added as a co- newal of import restrictions contained Government on Native education since sponsor of S. 1107, a bill to authorize in the Burmese Freedom and Democ- 1928 have demonstrated little, if any, and support psoriasis and psoriatic ar- racy Act of 2003. improvement in the education of Na- thritis data collection, to express the S.J. RES. 21 tive people in the past 80 years. This sense of the Congress to encourage and At the request of Mr. MENENDEZ, the ailing system has resulted in some of leverage public and private investment name of the Senator from Maryland the worst education outcomes in the in psoriasis research with a particular (Ms. MIKULSKI) was added as a cospon- country. On average, in the States with focus on interdisciplinary collaborative sor of S.J. Res. 21, a joint resolution the highest Native populations, the research on the relationship between proposing an amendment to the Con- graduation rates for Native students psoriasis and its comorbid conditions, stitution of the United States relative are lower than the graduation rates for and for other purposes. to equal rights for men and women. all other racial/ethnic groups, hovering S. 1181 S. CON. RES. 23 well below 50 percent. We can no longer At the request of Mr. GRASSLEY, the At the request of Mr. HATCH, the tolerate this, especially because our name of the Senator from Arkansas name of the Senator from Maine (Ms. Federal Government has a unique trust

VerDate Mar 15 2010 03:05 Jun 24, 2011 Jkt 099060 PO 00000 Frm 00041 Fmt 0624 Sfmt 0634 E:\CR\FM\A23JN6.034 S23JNPT1 tjames on DSKG8SOYB1PROD with SENATE S4078 CONGRESSIONAL RECORD — SENATE June 23, 2011 obligation to provide a quality edu- Subtitle E—Indian, Native Hawaiian, and (A) in subsection (a), by inserting ‘‘rep- cation to its Native people. Alaska Native Education resentatives of Indian tribes located in the Native languages and cultures are Sec. 151. Purpose. State,’’ after ‘‘other staff,’’; the roots of all Native peoples, and to Sec. 152. Purpose of formula grants. (B) in subsection (b)(8), by striking oki, to cut those roots is to inherently Sec. 153. Grants to local educational agen- ‘‘1112(c)(1)(D)’’ and inserting ‘‘1112(c)(1)(E)’’; harm the Native peoples. The com- cies and tribes. (C) in subsection (c)— (i) in paragraph (13), by striking ‘‘and’’; prehensive legislation I am introducing Sec. 154. Amount of grants. Sec. 155. Applications. (ii) in paragraph (14), by striking the pe- today puts forward a new vision of Na- Sec. 156. Authorized services and activities. riod at the end and inserting ‘‘; and’’; and tive education, one that is grounded in Sec. 157. Student eligibility forms. (iii) by adding at the end the following: culture, language, and local commu- Sec. 158. Technical assistance. ‘‘(15) the State educational agency has en- nity control. The bill provides for Sec. 159. Amendments relating to tribal col- gaged in timely and meaningful consultation many new access opportunities for leges and universities. with representatives of Indian tribes located tribes to be partners in their own edu- Sec. 160. Tribal educational agency coopera- in the State in the development of the State cation systems and paves the way for tive agreements. plan to serve local educational agencies innovative language and culture-based Sec. 161. Tribal education agencies pilot under the State’s jurisdiction, in order to— project. instruction programs. Additionally, it ‘‘(A) improve the coordination of activities Sec. 162. Improve support for teachers and under this Act; provides much stronger accountability administrators of native amer- by agencies to native communities for ‘‘(B) meet the purpose of this title; and ican students. ‘‘(C) meet the unique cultural, language, the administration of their children’s Sec. 163. National board certification incen- and educational needs of Indian students.’’; education. The provisions of this bill tive demonstration program. and are the result of consultation and input Sec. 164. Tribal language immersion schools. (D) in subsection (m), by adding at the end with a wide range of American Indian, Sec. 165. Coordination of Indian student in- the following: Alaska Native and Native Hawaiian formation. ‘‘(4) If such school has been approved, in stakeholders. Sec. 166. Authorization of appropriations. accordance with section 1116(g), for use of an The introduction of this bill is only Subtitle F—Impact Aid alternative definition of adequate yearly the beginning of a dialogue about this Sec. 171. Impact aid. progress, the school may adopt an appro- new vision of Native education. We will Subtitle G—General Provisions priate assessment that— ‘‘(A) is developed in consultation with, and continue to work with our Native Sec. 181. Highly qualified definition. with the approval of, the Secretary of the In- stakeholders to improve this bill and Sec. 182. Applicability of ESEA to Bureau of terior; and Indian Education schools. ensure that it builds strong roots and ‘‘(B) is consistent with the requirements of Sec. 183. Increased access to resources for meets the unique needs of all our na- this section.’’; tribal schools, schools served tive students. (2) in section 1112— by the Bureau of Indian Edu- I thank Mr. JOHNSON and Mr. INOUYE (A) in subsection (b)(1)— cation, and Native American for sponsoring this bill. I urge my (i) by redesignating subparagraphs (F) students. other colleagues to join me in sup- through (Q) as subparagraphs (G) through porting the passage of this legislation. TITLE II—AMENDMENTS TO OTHER (R), respectively; and Mr. President, I ask unanimous con- LAWS (ii) by inserting after subparagraph (E), the sent that the text of the bill be printed Sec. 201. Amendments to the American Re- following: covery and Reinvestment Act ‘‘(F) a description of the procedure that in the RECORD. There being no objection, the text of of 2009 to provide funding for the local educational agency will use to en- Indian programs. gage in timely, ongoing, and meaningful con- the bill was ordered to be printed in Sec. 202. Qualified scholarships for edu- sultation with representatives of Indian the RECORD, as follows: cation and cultural benefits. tribes located in the area served by the local S. 1262 Sec. 203. Tribal education policy advisory education agency in the development of the Be it enacted by the Senate and House of Rep- group. local plan, in order to— resentatives of the United States of America in Sec. 204. Division of budget analysis. ‘‘(i) improve the coordination of activities Congress assembled, Sec. 205. Qualified school construction bond under this Act; SECTION 1. SHORT TITLE; TABLE OF CONTENTS. escrow account. ‘‘(ii) meet the purpose of this title; and (a) SHORT TITLE.—This Act may be cited as Sec. 206. Equity in Educational Land-Grant ‘‘(iii) meet the unique cultural, language, the ‘‘Native Culture, Language, and Access Status Act of 1994. and educational needs of Indian students;’’; for Success in Schools Act’’. Sec. 207. Workforce Investment Act of 1998. (B) in subsection (c)(1)— (b) TABLE OF CONTENTS.—The table of con- Sec. 208. Technical amendments to Tribally (i) by redesignating subparagraphs (D) tents for this Act is as follows: Controlled Schools Act of 1988. through (O) as subparagraphs (E) through Sec. 1. Short title; table of contents. TITLE III—ADDITIONAL EDUCATION (P), respectively; and TITLE I—ELEMENTARY AND SECONDARY PROVISIONS (ii) by inserting after subparagraph (C), the EDUCATION ACT OF 1965 Sec. 301. Native American student support. following: Subtitle A—Improving the Academic Sec. 302. Ensuring the survival and con- ‘‘(D) engage in timely and meaningful con- Achievement of the Disadvantaged tinuing vitality of Native sultation with representatives of Indian tribes located in the area served by the local Sec. 111. Improving the education of stu- American languages. education agency;’’; and dents. Sec. 303. In-school facility innovation pro- Sec. 112. Standards-based assessments. gram contest. (C) in subsection (d)(1), by striking ‘‘and Sec. 113. Native language teaching. Sec. 304. Retrocession or reassumption of other appropriate school personnel,’’ and in- Sec. 114. Prevention and intervention pro- certain school funds. serting ‘‘other appropriate school personnel, grams for children and youth Sec. 305. Department of the Interior and De- representatives of Indian tribes located in who are neglected, delinquent, partment of Education Joint the area served by the local educational or at-risk. Oversight Board. agency,’’; Subtitle B—Preparing, Training, and Re- Sec. 306. Feasibility study to transfer the (3) in section 1115(b)(2)(A), by inserting ‘‘, cruiting High Quality Teachers and Prin- Bureau of Indian Education to Indian children,’’ after ‘‘migrant children’’; cipals the Department of Education. (4) in section 1116— (A) in subsection (b)(3)(A)— Sec. 121. Preparing, training, and recruiting Sec. 307. Tribal self governance feasibility (i) in the matter preceding clause (i), by in- high quality teachers and prin- study. serting ‘‘representatives of Indian tribes lo- cipals. Sec. 308. Establishment of Center for Indige- nous Excellence cated in the area served by the school,’’ after Subtitle C—Native American Languages ‘‘school staff,’’; Programs TITLE I—ELEMENTARY AND SECONDARY (ii) in clause (ix), by striking ‘‘and’’ after Sec. 131. Improvement of academic success EDUCATION ACT OF 1965 the semicolon; of Indian students through Na- Subtitle A—Improving the Academic (iii) in clause (x), by striking the period at tive American languages pro- Achievement of the Disadvantaged the end; and grams. SEC. 111. IMPROVING THE EDUCATION OF STU- (iv) by adding at the end the following: Sec. 132. State and tribal education agency DENTS. ‘‘(xi) provide an assurance that, if the agreements. Part A of title I of the Elementary and school receives funds described in title VII, Subtitle D—21st Century Schools Secondary Education Act of 1965 (20 U.S.C. the school will continue to direct such funds Sec. 141. Safe and healthy schools for Native 6301 et seq.) is amended— to the activities described in title VII.’’; American students. (1) in section 1111— (B) in subsection (c)(7)(A)—

VerDate Mar 15 2010 01:56 Jun 24, 2011 Jkt 099060 PO 00000 Frm 00042 Fmt 0624 Sfmt 0634 E:\CR\FM\G23JN6.034 S23JNPT1 tjames on DSKG8SOYB1PROD with SENATE June 23, 2011 CONGRESSIONAL RECORD — SENATE S4079 (i) in the matter preceding clause (i), by in- application described in subparagraph (F) to ‘‘(iii) in the case of an Indian school that is serting ‘‘representatives of Indian tribes lo- be in noncompliance, the Secretary of the In- a secondary school that does award a high cated in the area served by the local edu- terior shall issue a final determination school diploma— cation agency,’’ after ‘‘school staff,’’; that— ‘‘(I) is in the bottom 5 percent of the (ii) in clause (vii), by striking ‘‘and’’ after ‘‘(i) cites the specific provisions in the ap- State’s public secondary schools that award the semicolon; plication that are not in compliance; a high school diploma; or (iii) in clause (viii), by striking the period ‘‘(ii) provides a detailed explanation of the ‘‘(II) has a graduation rate below 60 per- at the end and inserting ‘‘; and’’; and basis for the finding of noncompliance for cent. (iv) by adding at the end the following: each provision found to be noncompliant; ‘‘(2) REPORT.—If a school is identified by a ‘‘(ix) incorporate, as appropriate, activities and State under paragraph (1), the State shall that meet the unique cultural, language, and ‘‘(iii) offers assistance to overcome the notify the tribe on whose Indian lands any educational needs of Indian students eligible finding of noncompliance. such school is located that the school has to be served under title VII of this Act.’’; ‘‘(H) FAILURE TO RESPOND.—If the entity or been identified as a low-performing school. (C) in subsection (g)(1)— entities described in subparagraph (B) do not ‘‘(d) GRANTS AUTHORIZED.— (i) in subparagraph (B)— respond to the notification of the Secretary ‘‘(1) IN GENERAL.—The Secretary shall (I) by striking ‘‘The tribal governing body of the Interior described in subparagraph (E) or’’ and inserting ‘‘An Indian tribe,’’; within a 30-day period after receipt of such award grants, on a competitive basis, to In- (II) by inserting ‘‘, or consortium of such notification, the application shall be deemed dian tribes or tribal education agencies to entities’’ after ‘‘Bureau of Indian Affairs’’; to be disapproved.’’; enable such tribes or agencies to carry out (III) by striking ‘‘body or school board’’ (5) by inserting after section 1116 the fol- the activities described in subsection (g). and inserting ‘‘Indian tribe, school board, or lowing: ‘‘(2) DURATION.— consortium of such entities’’; and ‘‘(A) IN GENERAL.—A grant awarded under ‘‘SEC. 1116A. INDIAN SCHOOL TURN AROUND PRO- this section shall be for a period of 4 years. (IV) by inserting ‘‘of the Interior’’ after GRAM. ‘‘such alternative definition unless the Sec- ‘‘(B) RENEWAL.—The Secretary may renew ‘‘(a) PURPOSE.—The purpose of this section retary’’; a grant under this section for an additional is to significantly improve outcomes for In- (ii) in subparagraph (C), by striking ‘‘a 4-year period if the Indian tribe or tribal dian students in persistently low-performing tribal governing body or school board of a education agency demonstrates sufficient schools by— school funded by the Bureau of Indian Af- progress, as defined by the State, on the core ‘‘(1) enabling Indian tribes or tribal edu- fairs’’ and inserting ‘‘an Indian tribe, school academic indicators and leading indicators cation agencies to turn around low-per- board of a school funded by the Bureau of In- described in subsection (h)(1)(B). dian Affairs, or consortium of such entities’’; forming schools operated by a local edu- ‘‘(e) APPLICATION.— and cational agency on Indian lands; ‘‘(1) IN GENERAL.—Each Indian tribe or (iii) by adding at the end the following: ‘‘(2) building the capacity of tribes and tribal education agencies to improve student tribal education agency that desires to re- ‘‘(D) DEEMED APPROVAL.—A proposed alternative definition of adequate yearly progress academic achievement in low-performing ceive a grant under this section shall submit submitted pursuant to subparagraph (B) and persistently low-performing schools; and an application to the Secretary at such time, shall be deemed to be approved by the Sec- ‘‘(3) supporting tribes and tribal education in such manner, and containing such infor- retary of the Interior unless the Secretary of agencies in implementing school interven- mation as the Secretary may reasonably re- the Interior issues the notification set forth tion models. quire. At a minimum, each application shall in subparagraph (E) prior to the expiration ‘‘(b) DEFINITIONS.—In this section: include— of the 30-day period beginning on the date on ‘‘(1) INDIAN LANDS.—The term ‘Indian ‘‘(A) an analysis of the school described which the Secretary of the Interior received lands’ has the meaning given the term in under subsection (c)(1) that the Indian tribe the proposed alternative definition of ade- section 8013. or tribal education agency proposes to serve, quate yearly progress. ‘‘(2) INDIAN SCHOOL.—The term ‘Indian and an appropriate intervention model for ‘‘(E) NOTIFICATION.—If the Secretary of the school’ means any school located on Indian such school; Interior finds that the application is not in lands. ‘‘(B) a budget, which shall demonstrate compliance, in whole or in part, with this ‘‘(3) INDIAN TRIBE.—The term ‘Indian tribe’ sufficient funds to implement fully and effec- subpart, the Secretary of the Interior shall— means any Indian tribe, band, nation, or tively the selected intervention model; and ‘‘(i) notify the entity or entities described other organized group or community (includ- ‘‘(C) a description of how the Indian tribe in subparagraph (B) of the finding of non- ing any Native village, Regional Corpora- or tribal education agency will— compliance and, in such notification, shall— tion, or Village Corporation as defined in, or ‘‘(i) help develop a pipeline of teachers and ‘‘(I) cite the specific provisions in the ap- established pursuant to, the Alaska Native leaders for the school; plication that are not in compliance; Claims Settlement Act), that is recognized ‘‘(ii) collect and report data; ‘‘(II) provide an explanation of the basis of as eligible for the special programs and serv- ‘‘(iii) support effective extended learning the non-compliance; ices provided by the United States to Indians time strategies; and ‘‘(III) request additional information only because of their status as Indians. ‘‘(iv) build capacity in the tribe or tribal as to the noncompliant provisions needed to ‘‘(4) TRIBAL EDUCATION AGENCY.—The term education agency for assisting schools de- make the proposal compliant; ‘tribal education agency’ means the author- scribed under subsection (c)(1). ‘‘(IV) provide a description of the steps ized governmental agency of a federally-rec- ‘‘(2) ADDITIONAL APPLICATION REQUIREMENTS that the entity or entities need to take to ognized American Indian or Alaska Native IF SUBGRANTS ARE AWARDED.—If an Indian make the application compliant; and tribe (as defined in section 4 of the Indian tribe or tribal education agency proposes to ‘‘(V) provide assistance to overcome the Self-Determination and Education Assist- issue subgrants, as described under sub- finding of noncompliance; and ance Act (25 U.S.C. 450b)) that is primarily section (g)(3), such tribe or agency shall in- ‘‘(ii) provide the entity or entities de- responsible for regulating, administering, or clude in the application, in addition to the scribed in subparagraph (B) with the oppor- supervising the formal education of tribal requirements described under paragraph (1), tunity for a hearing, which shall be com- members. A tribal education agency includes the following: pleted not more than 60 days after such enti- tribal education departments, tribal divi- ‘‘(A) A copy of the application form and in- ty or entities receive the notice of oppor- sions of education, tribally sanctioned edu- structions that the Indian tribe or tribal tunity for a hearing, or at such later date as cation authorities, tribal education adminis- education agency will provide to potential agreed to by the submitting entity or enti- trative planning and development agencies, recipients of subgrants. ties. and tribal administrative education entities. ‘‘(B) A description of how the Indian tribe ‘‘(F) RESPONSE.—If the entity or entities ‘‘(c) IDENTIFICATION OF LOW PERFORMING or tribal education agency will set priorities described in subparagraph (B) resubmit the INDIAN SCHOOLS.— for awarding subgrants. application in an effort to overcome the find- ‘‘(1) IN GENERAL.—Each State that receives ‘‘(C) A description of how the Indian tribe ing of noncompliance not more than 30 days funds under this part shall annually identify or tribal education agency will monitor each after the date the notification was received, any Indian school operated by a local edu- entity that is awarded a subgrant. the Secretary of the Interior shall approve or cational agency that— disapprove the resubmitted application not ‘‘(A) is a school identified under section ‘‘(f) STATE EDUCATIONAL AGENCY AND more than 30 days after the resubmitted ap- 1116(b); and LOCAL EDUCATION AGENCY RESPONSIBIL- plication is received, or not more than 30 ‘‘(B)(i) in the case of an Indian school that ITIES.— days after the conclusion of a hearing, is an elementary school, is in the lowest 5 ‘‘(1) IN GENERAL.—If an Indian tribe or trib- whichever is later. If the Secretary of the In- percent of the State’s public elementary al education agency receives a grant under terior fails to approve or disapprove the re- schools; this section for an Indian school that has submitted application within such time pe- ‘‘(ii) in the case of an Indian school that is been identified under subsection (c)(1), the riod, the resubmitted application shall be a secondary school that does not award a Secretary shall notify the State in which the deemed approved. high school diploma, is in the lowest 5 per- school is located, and the State educational ‘‘(G) RESUBMISSION RESPONSE.—If the Sec- cent of the State’s public secondary schools agency and the local educational agency retary of the Interior finds the resubmitted that do not award a high school diploma; or that serve such school shall—

VerDate Mar 15 2010 01:56 Jun 24, 2011 Jkt 099060 PO 00000 Frm 00043 Fmt 0624 Sfmt 0634 E:\CR\FM\A23JN6.042 S23JNPT1 tjames on DSKG8SOYB1PROD with SENATE S4080 CONGRESSIONAL RECORD — SENATE June 23, 2011 ‘‘(A) maintain funding for the school at not ‘‘(D) develop pipelines of teachers and lead- ‘‘(I) do not increase student achievement; less than the amount supplied in the aca- ers that are trained to work in schools that ‘‘(II) if applicable, do not increase sec- demic year immediately preceding the aca- are low-performing schools, such as the ondary school graduation rates; and demic year for which the grant under this schools identified in subsection (c)(1); ‘‘(III) have not demonstrated effectiveness section applies; ‘‘(E) collect and report data; according to the tribe or tribal education ‘‘(B) at the request of the Indian tribe or ‘‘(F) build capacity in the Indian tribe or agency’s evaluation system; tribal education agency, enter into a cooper- tribal education agency for assisting schools ‘‘(C) provides staff with ongoing, high qual- ative agreement to authorize the Indian identified under subsection (c)(1); or ity, job-embedded professional development tribe or tribal education agency to plan, con- ‘‘(G) carry out other activities designed to that— duct, consolidate, and administer programs, build Indian tribe or tribal education agency ‘‘(i) is aligned with the school’s instruction services, functions, and activities, or por- capacity to support school improvement. program and evaluation system; tions thereof, administered by the State edu- ‘‘(h) DATA COLLECTION AND REPORTING.— ‘‘(ii) facilitates effective teaching and cational agency or the local educational ‘‘(1) IN GENERAL.—Each Indian tribe or learning; and agency on behalf of the school; and tribal education agency receiving a grant ‘‘(iii) supports the implementation of ‘‘(C) authorize the Indian tribe or tribal under this section shall— school-reform strategies; education agency to reallocate funds for ‘‘(A) comply with the reporting and ac- ‘‘(D) implements strategies (such as finan- such programs, services, functions, and accountability requirements of this part for cial incentives, increased opportunities for tivities, or portions thereof, as necessary. each school that such Indian tribe or tribal promotion and career growth, and more ‘‘(2) MAINTENANCE OF EFFORT REQUIRE- education agency serves; and flexible work conditions) that are designed MENT.—If the maintenance of effort require- ‘‘(B) monitor and collect data about the to recruit, place, and retain staff who have ment described in paragraph (1)(A) is not students that such Indian tribe or tribal edu- the skills necessary to meet the needs of stu- met, the Secretary may withhold funding cation agency serves at each school that is dents in the school; under title I from the State until such reserved by the grant program, including the ‘‘(E) uses data to identify and implement a quirement is met. following data: research-based instruction program that— ‘‘(3) DISAGREEMENT.—If an Indian tribe or ‘‘(i) Core academic indicators, such as— ‘‘(i) is aligned with State or tribal chal- tribal education agency and the State edu- ‘‘(I) the percentage of students at each lenging academic content standards and cational agency or local educational agency school who are at or above the proficient challenging student academic achievement cannot reach an agreement, the tribe or trib- level on State academic assessments in read- standards under section 1111(b); and al education agency may submit to the Sec- ing or language arts and mathematics; ‘‘(ii) has been proven to raise student aca- retary information that such tribe or agency ‘‘(II) student progress toward core academic achievement by not less than 10 per- deems relevant, and the Secretary may make demic benchmarks; cent in 1 year; a determination on the disputed issue. ‘‘(III) the average score for students in ‘‘(F) establishes schedules and strategies ‘‘(g) USE OF FUNDS.— each school on State academic assessments that provide increased learning time (which ‘‘(1) SCHOOL INTERVENTION MODEL.— in reading or language arts and mathe- may include offering full-day kindergarten ‘‘(A) IN GENERAL.—An Indian tribe or tribal matics; or a high-quality preschool program or using education agency that receives a grant under ‘‘(IV) secondary school graduation rates; a longer school day, week, or year that in- this section shall use not less than 90 percent and creases the total number of hours at school of the grant funds to implement a school ‘‘(V) rates of student enrollment in an infor the school year by not fewer than 300 intervention model described in subsection stitution of higher education. hours) in order to significantly increase the (i), either directly or through a turn around ‘‘(ii) Leading indicators, such as— total number of school hours to include time partner that is awarded a subgrant, in a ‘‘(I) student attendance rates; for— school identified under subsection (c)(1). ‘‘(II) the number and percentage of stu- ‘‘(i) instruction core subjects, such as ‘‘(B) USE OF FUNDS FOR COMPREHENSIVE dents completing advanced coursework; English, reading or language arts, mathe- SERVICES.—The Indian tribe or tribal edu- ‘‘(III) student participation in State assess- matics, science, foreign language (which cation agency, in implementing any of the ments in reading or language arts and math- may include a Native American language), school intervention models described in sub- ematics under section 1111(b)(3); civics and government, economics, arts, his- section (i) in any school served under the ‘‘(IV) school dropout rates; tory, and geography; grant— ‘‘(V) discipline incident rates; ‘‘(ii) instruction in traditional and cultural ‘‘(i) shall identify and address issues that ‘‘(VI) teacher attendance rates; programs; may contribute to low academic achieve- ‘‘(VII) the distribution of teachers by per- ‘‘(iii) instruction in other subjects; and ment in the schools identified under sub- formance level, based on the teacher evalua- ‘‘(iv) enrichment activities, such as phys- section (c)(1); and tion system established by the Indian tribe ical education, service learning, and experi- ‘‘(ii) may use funds under this section to or tribal education agency; and ential work-based opportunities; provide comprehensive services to address ‘‘(VIII) reduction in the percentage of stu- ‘‘(G) promotes the continuous use of stu- the issues described in subparagraph (A) and dents in the lowest level of achievement on dent data to provide instruction that meets meet the full range of student needs. State assessments in reading or language the academic needs of individual students, ‘‘(2) SUBGRANTS.—An Indian tribe or tribal arts and mathematics under section 1111. which may include, in elementary school, in- education agency that receives a grant under ‘‘(2) REPORT.—Each Indian tribe or tribal dividual students’ levels of school readiness; this section may award subgrants. education agency receiving a grant under ‘‘(H) provides ongoing mechanisms for fam- ‘‘(3) TRIBE OR TRIBAL EDUCATION AGENCY AC- this section shall prepare and submit a re- ily, community, and tribal involvement; TIVITIES.—If an Indian tribe or tribal edu- port to the Secretary, which shall include ‘‘(I) ensures that the school receives ongo- cation agency that receives a grant under the data described in paragraph (1)(B). ing, intensive technical assistance and re- this section does not use all of the grant ‘‘(i) SCHOOL INTERVENTION MODELS.—Each lated support from the tribe or tribal edu- funds to carry out the activities described in tribe or tribal education agency that re- cation agency; and paragraphs (1) through (3) in each school to ceives a grant under this section may choose ‘‘(J) provides appropriate social-emotional be served under the grant, such tribe or trib- to implement 1 or more of the following and community-oriented support services for al education agency shall use any remaining school intervention models: students, and at the discretion of the tribe or funds to— ‘‘(1) TRANSFORMATION MODEL.—A trans- tribal education agency, uses not more than ‘‘(A) provide technical assistance and other formation model is a school intervention 10 percent of the total grant funds for such support, either directly or through the cre- model in which the Indian tribe or tribal services. ation of a school turn around office or a turn education agency— ‘‘(2) RESTART MODEL.—A restart model is a around partner, to schools identified under ‘‘(A) replaces a principal (if such principal school intervention model in which the In- subsection (c)(1), which may include— has led the school for 2 or more years) with dian tribe or tribal education agency— ‘‘(i) the use of school quality review teams; a new principal who has demonstrated effec- ‘‘(A) converts a school— or tiveness in turning around a low-performing ‘‘(i) under a charter or school operator and ‘‘(ii) regular site visits to monitor the im- school; charter management organization; plementation of selected intervention mod- ‘‘(B) uses rigorous, transparent, and equi- ‘‘(ii) under an education management orga- els; table evaluation systems to— nization; or ‘‘(B) evaluate Indian tribe or tribal edu- ‘‘(i) identify and reward school leaders, ‘‘(iii) as an autonomous or redesigned cation agency implementation of school teachers, and other staff who, in imple- school; intervention models and other improvement menting the model, increase student ‘‘(B) implements a rigorous review process activities; achievement and, if applicable, secondary to select such a charter or school operator ‘‘(C) use the results of the evaluations de- school graduation rates; and and charter management organization, or an scribed in subparagraph (B) to improve In- ‘‘(ii) identify and remove school leaders, education management organization, as ap- dian tribe or tribal education agency strate- teachers, and other staff who, after ample plicable, which includes an assurance that gies for supporting, and providing flexibility opportunities have been provided for such in- such operator or organization will make sig- for, targeted schools that are identified dividuals to improve their professional prac- nificant changes in the leadership and staff- under subsection (c)(1); tice— ing of the school; and

VerDate Mar 15 2010 01:56 Jun 24, 2011 Jkt 099060 PO 00000 Frm 00044 Fmt 0624 Sfmt 0634 E:\CR\FM\A23JN6.042 S23JNPT1 tjames on DSKG8SOYB1PROD with SENATE June 23, 2011 CONGRESSIONAL RECORD — SENATE S4081 ‘‘(C) enrolls in the school any former stu- ‘‘(2) restart the school using the restart SEC. 114. PREVENTION AND INTERVENTION PRO- dent who wishes to attend the school and model described in subsection (i)(2). GRAMS FOR CHILDREN AND YOUTH who is within the grades the school services. WHO ARE NEGLECTED, DELIN- ‘‘(k) RESERVATION OF FUNDS.—From the QUENT, OR AT-RISK. ‘‘(3) TURNAROUND MODEL.—A turnaround Part D of title I of the Elementary and model is a school intervention model in amount appropriated each fiscal year for Secondary Education Act of 1965 (20 U.S.C. which the Indian tribe or tribal education grants to State educational agencies and 6421 et seq.) is amended— agency— local educational agencies for school im- (1) in section 1401— ‘‘(A) replaces a principal (if such principal provement actions under this part, the Sec- (A) in subsection (a)(3), by inserting ‘‘and has led the school for 2 or more years) with retary shall reserve not less than 10 percent the involvement of their families and their a new principal who has demonstrated effec- of such amount for grants under this sec- communities.’’ after ‘‘their continued edu- tiveness in turning around a low-performing tion.’’; and cation’’; and school; (6) in section 1118— (B) in subsection (b), by inserting ‘‘subject ‘‘(B) gives a new principal sufficient oper- (A) in subsection (a)(2)— to section 1402(c),’’ after ‘‘section 1002(d)’’; ational flexibility (including flexibility in (i) in subparagraph (E) by striking ‘‘and’’ (2) in section 1402, by adding at the end the staffing, the school day and school calendar, after the semicolon; following: and budgeting) to fully implement a com- (ii) by redesignating subparagraph (F) as ‘‘(c) RESERVATION FOR THE SECRETARY OF prehensive approach to improve student out- subparagraph (G); and THE INTERIOR.—From the amount appro- comes; (iii) by inserting after subparagraph (E) priated for this part for any fiscal year, the ‘‘(C) uses a comprehensive evaluation sys- the following: Secretary shall reserve 4 percent of such tem to evaluate staff, including the use of ‘‘(F) with respect to an agency that serves funds for the Secretary of the Interior to student achievement data to measure the ef- provide educational services for at-risk In- fectiveness of staff; Indian children, identify the barriers to effective involvement of the parents of such dian children, including Indian youth in cor- ‘‘(D) screens all staff who are employed at rectional facilities operated by the Secretary the school as of the time when the turn- children; and’’; and (B) in subsection (e)— of the Interior or by an Indian tribe.’’; around model is implemented and retains (3) in section 1414(c)— (i) by redesignating paragraphs (6) through not more than 50 percent of such staff; (A) in paragraph (9), by inserting ‘‘, Indian (14) as paragraphs (7) through (15), respec- ‘‘(E) requires the principal to justify per- tribes, tribal education agencies,’’ after tively; and sonnel decisions (such as hiring, dismissal, ‘‘local educational agencies’’; (ii) by inserting after paragraph (5), the and rewards) based on the results of the com- (B) by redesignating paragraphs (12) prehensive evaluation system; following: through (19) as paragraphs (13) through (20), ‘‘(F) provides staff with ongoing, high qual- ‘‘(6) in consultation with Indian tribes and respectively; ity, job-embedded professional development parents of Indian children who are served by (C) by inserting after paragraph (11), the that— any school that is served by the agency, following: ‘‘(i) is aligned with the school’s instruction shall establish mechanisms to overcome bar- ‘‘(12) describe the procedure that the State program and evaluation system; riers to effective Indian parental involve- agency will use to consult, on an ongoing ‘‘(ii) facilitates effective teaching and ment, which may include— basis, with Indian tribes in the State to de- learning; and ‘‘(A) providing literacy programs and use termine the needs of Indian children and ‘‘(iii) supports the implementation of of technology training, as needed, for such youth who are neglected, delinquent, or at- school-reform strategies; parents at locations accessible to the homes risk, including such children and youth in a ‘‘(G) uses data to— of such parents; correctional facility or institution;’’; ‘‘(i) identify and implement a research- ‘‘(B) providing or paying the reasonable (D) in paragraph (19), as redesignated by based instructional program; costs of transportation and child care to en- subparagraph (B), by striking ‘‘and’’ after ‘‘(ii) evaluate school improvement strate- able such parents to participate in literacy the semicolon; gies; and programs, use of technology training, and (E) in paragraph (20), as redesignated by ‘‘(iii) inform differentiated instruction, in school-related meetings; subparagraph (B), by striking the period at order to meet the academic needs of indi- ‘‘(C) providing training regarding the roles, the end and inserting ‘‘; and’’; and vidual students; rights and responsibilities of such parents, (F) by adding at the end the following: ‘‘(H) encourages the use of extended learn- including information about culture-based ‘‘(21) provides an assurance that the pro- ing time partnerships; education; and gram under this subpart will utilize cur- ‘‘(I) establishes schedules and strategies ‘‘(D) contracting with an Indian tribe or riculum that is culturally appropriate, based that provide increased learning time (which tribal education agency to provide the serv- on the demographics of the neglected or de- may include offering full-day kindergarten ices described in subparagraphs (A), (B) and linquent children and youth served by such or a high-quality preschool program or using (C);’’. program.’’; a longer school day, week, or year that in- (4) in section 1416— creases the total number of hours at school SEC. 112. STANDARDS-BASED ASSESSMENTS. (A) in paragraph (7), by striking ‘‘and’’ for the school year by not fewer than 300 Section 1111(b)(3) of the Elementary and after the semicolon; hours) in order to significantly increase the Secondary Education Act of 1965 (20 U.S.C. (B) in paragraph (8), by striking the period total number of school hours to include time at the end and inserting ‘‘; and’’; and 6311(b)(3)) is amended by adding at the end for— (C) by adding at the end the following: ‘‘(i) instruction core subjects, such as the following: ‘‘(9) includes an assurance that the State English, reading or language arts, mathe- ‘‘(E) STANDARDS-BASED EDUCATION ASSESS- agency has consulted with Indian tribes in matics, science, foreign language (which MENTS.—Notwithstanding any other provi- the State in the development of the com- may include a Native American language), sion of this Act, a State shall develop stand- prehensive plan under this part.’’; civics and government, economics, arts, his- ards-based education assessments and class- (5) in section 1418— tory, and geography; room lessons to accommodate diverse learn- (A) by striking paragraph (1) of subsection ‘‘(ii) instruction in traditional and cultural ing styles, which assessments may be used (a) and inserting the following: programs; by the State in place of the general assess- ‘‘(1) projects that facilitate the transition ‘‘(iii) instruction in other subjects; ments described in subparagraph (A).’’. of children and youth from State-operated ‘‘(iv) enrichment activities, such as phys- SEC. 113. NATIVE LANGUAGE TEACHING. institutions, or institutions in the State op- ical education, service learning, and experi- erated by the Secretary of the Interior or In- ential work-based opportunities; or Section 1119 of the Elementary and Sec- dian tribes, to schools served by local edu- ‘‘(v) teachers to collaborate, plan, and en- ondary Education Act of 1965 (20 U.S.C. 6319) cational agencies or to schools funded by the gage in professional development within and is amended by adding at the end the fol- Bureau of Indian Education; or’’; across grades and subjects; lowing: (B) in subsection (b), by inserting ‘‘Indian ‘‘(J) provides ongoing mechanisms for fam- tribes,’’ after local educational agencies; ‘‘(m) QUALIFICATIONS FOR NATIVE LAN- ily, community, and tribal involvement; and (C) by redesignating subsection (c) as sub- ‘‘(K) provides appropriate social and emo- GUAGE TEACHERS.— section (d); and tional community-oriented support services ‘‘(1) IN GENERAL.—Notwithstanding any (D) by inserting after subsection (b) the for students. other provision of law, the requirements of following: ‘‘(j) INSUFFICIENT PROGRESS.—If an Indian subsection (a) on local educational agencies ‘‘(c) CONSULTATION WITH INDIAN TRIBES.— tribe or tribal education agency fails to dem- and States with respect to highly qualified The State agency shall consult with Indian onstrate sufficient progress, as defined by teachers, shall not apply to a teacher of a tribes in the State in the development of the State, on the core academic indicators Native language. transition projects, and coordinate such and leading indicators described in sub- ‘‘(2) ALTERNATIVE LICENSURE OR CERTIFI- State projects with transition and reentry section (h)(1)(B), such tribe or agency shall CATION.—Each State educational agency re- projects operated by such tribes.’’; be required to— ceiving assistance under this part shall de- (6) in section 1419(2), by inserting ‘‘and In- ‘‘(1) modify the existing school interven- velop an alternative licensure or certifi- dian tribal programs’’ after ‘‘State agency tion model; or cation for teachers of a Native language.’’. programs’’;

VerDate Mar 15 2010 01:56 Jun 24, 2011 Jkt 099060 PO 00000 Frm 00045 Fmt 0624 Sfmt 0634 E:\CR\FM\A23JN6.042 S23JNPT1 tjames on DSKG8SOYB1PROD with SENATE S4082 CONGRESSIONAL RECORD — SENATE June 23, 2011 (7) in section 1421— the correctional program to further edu- who will be returning from correctional fa- (A) in the matter preceding paragraph (1), cation or employment. cilities and, as appropriate, other at-risk In- by inserting ‘‘, including correctional facili- ‘‘(b) GRANTS AUTHORIZED.— dian children and youth expected to be ties in the State operated by the Secretary ‘‘(1) IN GENERAL.—From the amount reserved by the program. of the Interior or Indian tribes’’ after ‘‘lo- served for the Secretary of the Interior ‘‘(9) As appropriate, a description of how cally operated correctional facilities’’; and under section 1402(c), and subject to para- the program will coordinate with existing so- (B) in paragraph (3), by inserting ‘‘, includ- graph (2), the Secretary of the Interior shall cial, health, and other services to meet the ing schools funded by the Bureau of Indian award grants, on a competitive basis, to In- needs of students returning from correc- Education,’’ after ‘‘local schools’’; dian tribes with high numbers or percentages tional facilities, including— (8) in section 1422— of children and youth in juvenile detention ‘‘(A) prenatal health care; (A) in subsection (a), by striking ‘‘(includ- facilities that are operated by the Secretary ‘‘(B) nutrition; ing facilities involved in community day of the Interior or Indian tribes in order to ‘‘(C) mental health and substance abuse programs).’’ and inserting ‘‘(including facili- enable such Indian tribes to carry out the ac- services; ties involved in community day programs tivities described in section 1434. ‘‘(D) targeted reentry and outreach pro- and facilities in the State that are operated ‘‘(2) CONTRACT IN LIEU OF GRANT.—At the grams; and by the Secretary of the Interior or Indian request of an Indian tribe, the Secretary of ‘‘(E) referrals to community resources re- tribes).’’; and the Interior shall enter into a contract under lated to the health of the child or youth. (B) in subsection (d), by inserting ‘‘, the Indian Self-Determination and Edu- ‘‘(10) A description of partnerships with schools funded by the Bureau of Indian Edu- cation Assistance Act for operation of a pro- tribal, State, private or public organizations, cation,’’ after ‘‘returning to local edu- gram under this subpart in lieu of making a or corporations to develop vocational train- cational agencies’’; grant to such tribe. ing, curriculum-based youth entrepreneur- (9) in section 1423— ‘‘(3) NOTIFICATION.—The Secretary of the ship education, and mentoring services for (A) in paragraph (2)— Interior shall notify Indian tribes of the participating students. (i) in subsection (A), by inserting ‘‘and, as availability of funding under this subpart. ‘‘(11) As appropriate, a description of how ‘‘(c) TRIBAL APPLICATIONS.—Each Indian appropriate, an Indian tribe in the State’’ the program will involve parents in efforts tribe desiring to receive a grant under this after ‘‘program to be assisted’’; and to— subpart shall submit an application to the (ii) in subsection (B), by inserting ‘‘, in- ‘‘(A) improve the educational achievement cluding such facilities operated by the Sec- Secretary of the Interior at such time, in such manner, and accompanied by such in- of their children; retary of the Interior and Indian tribes’’ ‘‘(B) assist in dropout prevention activi- after ‘‘juvenile justice system’’; formation as the Secretary of the Interior may require. Each such application shall in- ties; and (B) by redesignating paragraphs (4) ‘‘(C) prevent the involvement of their chil- through (13) as paragraphs (5) through (14), clude the following: ‘‘(1) A description of the program that will dren in delinquent activities. respectively; ‘‘(12) A description of how the program (C) by inserting after paragraph (3) the fol- be assisted with grant funds under this subpart. under this subpart will be coordinated with lowing: other Federal, State, tribal, and local pro- ‘‘(4) a description of the process for con- ‘‘(2) A description of any formal agree- grams, such as programs under title I of Pub- sultation and coordination with Indian ments regarding the program, between the lic Law 105-220 and vocational and technical tribes in the State regarding services pro- Indian tribe and, as appropriate— education programs serving at-risk children vided under the program to Indian children ‘‘(A) 1 or more local educational agencies; and youth. and youth;’’; ‘‘(B) 1 or more schools funded by the Bu- ‘‘(13) A description of how the program will (D) in paragraph (13), as redesignated by reau of Indian Education; be coordinated with programs operated subparagraph (B), by striking ‘‘and’’ after ‘‘(C) correctional facilities operated by the under the Juvenile Justice and Delinquency the semicolon; Secretary of the Interior or Indian tribes; Prevent Act of 1974 and other comparable (E) in paragraph (14), as redesignated by ‘‘(D) alternative school programs serving programs, if applicable. subparagraph (B), by striking the period at Indian children and youth who are involved the end and inserting ‘‘; and’’; and with the juvenile justice system; or ‘‘(14) A description of the efforts partici- (F) by adding at the end the following: ‘‘(E) tribal, State, private, or public orga- pating schools will make to ensure that cor- ‘‘(15) a description of the demographics of nizations or corporations providing edu- rectional facilities working with children the children and youth served and an assur- cation, skill-building, or reentry services. and youth are aware of any existing individ- ance that the curricula and co-curricular ac- ‘‘(3) As appropriate, a description of how ualized education programs for such children tivities will be culturally appropriate for participating entities will coordinate with or youth. such children and youth.’’; facilities working with delinquent Indian ‘‘(15) As appropriate, a description of the (10) in section 1424 (20 U.S.C. 6454)— children and youth to ensure that such chil- steps participating schools will take to find (A) in paragraph (4), by striking ‘‘and’’ dren and youth are participating in an edu- alternative placements for children and after the semicolon; cation program comparable to the education youth who are interested in continuing their (B) in paragraph (5), by striking the period program in the local school that such youth education but unable to participate in a reg- at the end and inserting ‘‘; and’’; and would otherwise attend. ular school program. (C) by adding at the end the following: ‘‘(4) A description of how the program will ‘‘(16) As appropriate, a description of how ‘‘(6) programs for at-risk Indian children develop culturally appropriate academic cur- the program under this subpart will be co- and youth, including such individuals in cor- ricula and co-curricular activities to supple- ordinated with other Federal, State, tribal, rectional facilities in the area served by the ment the educational program provided by a and local programs serving at-risk children local educational agency that are operated facility working with delinquent Indian chil- and youth. by the Secretary of the Interior or Indian dren and youth. ‘‘(17) As appropriate, a description of how tribes.’’; ‘‘(5) A description of the program that the the program will coordinate with probation (11) by redesignating subpart 3 as subpart Indian tribe will carry out for Indian chil- officers to assist in meeting the needs of 4; dren and youth returning from correctional children and youth returning from correc- (12) by redesignating sections 1431 and 1432 facilities. tional facilities. as sections 1441 and 1442, respectively; ‘‘(6) As appropriate, a description of the ‘‘(d) USES OF FUNDS.—Funds provided to In- (13) by inserting after subpart 2 the fol- types of services that such tribe will provide dian tribes under this subpart may be used lowing: for such children and youth and other at-risk for the purposes described in section 1424. ‘‘Subpart 3—Education Programs for Indian children and youth, either directly or in co- ‘‘(e) PROGRAM REQUIREMENTS FOR CORREC- Children and Youth operation with local educational agencies TIONAL FACILITIES RECEIVING FUNDS UNDER ‘‘SEC. 1432. GRANTS TO INDIAN TRIBES. and schools funded by the Bureau of Indian THIS SUBPART.—Each correctional facility ‘‘(a) PURPOSE.—The purpose of this section Education. entering into an agreement with an Indian is to authorize an educational program to be ‘‘(7) A description of the characteristics tribe under section 1432(2) to provide services known as the ‘Indian Children and Youth At- (including learning difficulties, substance to Indian children and youth under this sub- Risk Education Program’, which shall— abuse problems, and other special needs) of part shall— ‘‘(1) carry out high quality and culturally the Indian children and youth who will be re- ‘‘(1) if feasible, ensure that educational appropriate education programs to prepare turning from correctional facilities and, as programs in the correctional facility are co- Indian children and youth who are in correc- appropriate, other at-risk Indian children ordinated with the student’s home school, tional facilities (or enrolled in community and youth expected to be served by the pro- particularly in the case of a student with an day programs for neglected or delinquent gram. individualized education program under part children and youth) operated by the Sec- ‘‘(8) A description of how the tribe will co- B of the Individuals with Disabilities Edu- retary of the Interior or Indian tribes for ordinate the program with existing education Act; secondary school completion, training, em- cational programs of local educational agen- ‘‘(2) if a child or youth is identified as in ployment, or further education; and cies and schools funded by the Bureau of In- need of special education services while in ‘‘(2) to provide activities to facilitate the dian Education to meet the unique edu- the correctional facility, notify such child’s transition of such children and youth from cational needs of Indian children and youth local school;

VerDate Mar 15 2010 01:56 Jun 24, 2011 Jkt 099060 PO 00000 Frm 00046 Fmt 0624 Sfmt 0634 E:\CR\FM\A23JN6.042 S23JNPT1 tjames on DSKG8SOYB1PROD with SENATE June 23, 2011 CONGRESSIONAL RECORD — SENATE S4083 ‘‘(3) provide transition assistance to help Self-Determination and Education Assist- program’s success, consistent with the pur- the child or youth stay in school, including ance Act (25 U.S.C. 450b). poses of this section; and coordination of services for the family, coun- ‘‘(c) PROGRAM AUTHORIZED.— ‘‘(2) prepare and submit a report con- seling, assistance in accessing drug and alco- ‘‘(1) IN GENERAL.—Subject to paragraph (2), taining the information described in para- hol abuse prevention programs, tutoring, and the Secretary is authorized to award grants graph (1) to the Secretary, the Coordinating family counseling; to eligible entities having applications ap- Council on Juvenile Justice and Delinquency ‘‘(4) provide support programs that encour- proved under this section to enable such en- Prevention, and Indian tribes. age children and youth who have dropped out tities to carry out the activities described in ‘‘(g) DEFINITION.—The term ‘‘tribal edu- of school to reenter school once their term subsection (d). cation agency’’ means— at the correctional facility has been com- ‘‘(2) CONTRACTS.—At the request of an In- pleted, or provide such children and youth dian tribe, the Secretary shall transfer pro- ‘‘(1) the authorized governmental agency of with the skills necessary to gain employ- gram funding to the Secretary of the Inte- a federally-recognized American Indian and ment or seek a secondary school diploma or rior, who shall enter into a contract under Alaska Native tribe (as defined in section 4 its recognized equivalent; the Indian Self-Determination and Edu- of the Indian Self-Determination and Edu- ‘‘(5) work to ensure that the correctional cation Assistance Act with the tribe for op- cation Assistance Act (25 U.S.C. 450b)) that is facility is staffed with teachers and other eration of a program under this section in primarily responsible for regulating, admin- qualified staff who are trained to work with lieu of making a grant to such tribe. istering, or supervising the formal education of tribal members; and children and youth with disabilities, taking ‘‘(3) DURATION.—Grants awarded under this into consideration the unique needs of such section shall be for a period of not less than ‘‘(2) includes tribal education departments, children and youth; 3 years and not more than 5 years. tribal divisions of education, tribally sanc- ‘‘(6) ensure that education programs in the ‘‘(d) AUTHORIZED ACTIVITIES.—Grant funds tioned education authorities, tribal edu- correctional facility aim to help students under this section shall be used for activities cation administrative planning and develop- meet high academic achievement standards; to provide educational alternatives for In- ment agencies, tribal education agencies, ‘‘(7) to the extent possible, use technology dian youth who have been sentenced to in- and tribal administrative education entities. to assist in coordinating educational pro- carceration or juvenile detention, in a man- ‘‘(h) AUTHORIZATION OF APPROPRIATIONS.— grams between the correctional facility and ner consistent with the purposes of this sec- For the purpose of carrying out this subpart, tion. Such activities may include— participating program partners; there are authorized to be appropriated ‘‘(8) where feasible, involve parents in ef- ‘‘(1) half- or full-day alternative education $2,000,000 for fiscal year 2012 and such sums forts to improve the educational achieve- programs for disruptive youth who are tem- ment of their children and prevent the fur- porarily suspended; as may be necessary for each of the 5 suc- ther involvement of such children in delin- ‘‘(2) school-based drug and substance abuse ceeding fiscal years.’’; quent activities; prevention programs; (14) in section 1441, as redesignated by ‘‘(9) coordinate funds received under this ‘‘(3) truancy prevention programs; paragraph (12)— subpart with other local, State, tribal, and ‘‘(4) multi-year alternative educational (A) in subsection (a)— Federal funds available to provide services programs; and (i) in the matter preceding paragraph (1), to participating children and youth, such as ‘‘(5) home or community detention pro- by striking ‘‘Each State agency or local edu- funds made available under title I of Public grams. cational agency that conducts a program Law 105-220, and vocational and technical ‘‘(e) APPLICATION.—Each eligible entity de- under subpart 1 or 2 shall’’ and inserting education funds; siring a grant under this section shall sub- ‘‘Each State agency, local educational agen- ‘‘(10) coordinate programs operated under mit an application to the Secretary at such cy, or Indian tribe that conducts a program this subpart with activities funded under the time, in such manner, and accompanied by evaluation under subpart 1, 2, or 3 shall’’; Juvenile Justice and Delinquency Preven- such information as the Secretary may re- and tion Act of 1974 and other comparable pro- quire. Each such application shall include (ii) in paragraph (3), by inserting ‘‘or grams, if applicable; and the following: school funded by the Bureau of Indian Edu- ‘‘(11) work with local partners to develop ‘‘(1) A description of the program that will cation’’ after ‘‘local educational agency’’; training, curriculum-based youth entrepre- be assisted with grant funds under this sub- (B) in subsection (c), by striking ‘‘a State neurship education, and mentoring programs part. agency or local educational agency’’ and infor children and youth. ‘‘(2) A description of any formal agree- serting ‘‘a State agency, local educational ‘‘(f) TECHNICAL ASSISTANCE.—At the re- ments regarding the program, between the agency, or Indian tribe’’; and quest of an Indian tribe that receives assist- Indian tribe and, as appropriate— (C) by striking subsection (d) and inserting ance under this subpart, the Secretary of the ‘‘(A) 1 or more local educational agencies; the following: ‘‘(B) 1 or more schools funded by the Bu- Interior may, to the extent resources are ‘‘(d) EVALUATION RESULTS.— reau of Indian Education; available, provide technical assistance— ‘‘(1) IN GENERAL.—Each State agency, local ‘‘(1) to improve the performance of a pro- ‘‘(C) correctional facilities operated by the educational agency, and Indian tribe shall— gram funded under this subpart; Secretary of the Interior or Indian tribes; or ‘‘(A) submit evaluation results to the State ‘‘(2) to recruit and retain qualified edu- ‘‘(D) tribal, State, private, or public orga- educational agency and the Secretary; and cational professionals to assist in the deliv- nizations or corporations providing edu- ‘‘(B) use the results of evaluations under ery of services under such program; and cation, skill-building, or reentry services. this section to plan and improve subsequent ‘‘(3) to perform the program evaluations ‘‘(3) As appropriate, a description of how programs for participating children and required by section 1441. the program will develop culturally appro- youth. priate academic curriculum and co-cur- ‘‘SEC. 1433. EDUCATIONAL ALTERNATIVES TO DE- ‘‘(2) INDIAN TRIBES.—Each Indian tribe TENTION. ricular activities. shall also submit evaluation results to the ‘‘(a) PURPOSES.—The purposes of this sec- ‘‘(4) As appropriate, a description of the Secretary of the Interior. tion are— types of services that the eligible entity will ‘‘(1) to decrease the number of incarcerated provide to at-risk Indian children, youth, ‘‘(e) EVALUATION OF PROGRAMS FOR AT-RISK Indian children and youth; and families. INDIAN YOUTH.— ‘‘(2) to decrease the rate of high school ‘‘(5) As appropriate, a description of any ‘‘(1) IN GENERAL.—Not later than 4 years dropouts among Indian youth; partnerships with tribal, local, or State law after the date of enactment of the Native ‘‘(3) to provide educational alternatives to enforcement or judicial systems to provide Culture, Language, and Access for Success in incarceration for at-risk Indian children and education alternatives to detention and wrap Schools Act, the Secretary and the Sec- youth; and around services, which may include— retary of the Interior, in collaboration with ‘‘(4) to increase community and family in- ‘‘(A) behavioral health services; the Attorney General, shall prepare a report volvement in the education of at-risk Indian ‘‘(B) family counseling; that— children and youth. ‘‘(C) teen pregnancy counseling; ‘‘(A) compiles demographic information ‘‘(b) ELIGIBLE ENTITIES.—In this section, ‘‘(D) substance abuse services; about at-risk Indian youth, including Indian the term eligible entity means— ‘‘(E) alcohol abuse services; or youth in correctional facilities operated by ‘‘(1) an Indian tribe, tribal education agen- ‘‘(F) job training. the Department of the Interior and Indian cy, or tribal organization; ‘‘(6) As appropriate, a description of eval- tribes; ‘‘(2) a Bureau-funded school, as defined in uation activities to develop educational ‘‘(B) evaluates existing educational pro- section 1141 of the Education Amendments of plans for at-risk Indian children and youth grams for at-risk Indian youth; and 1978 (25 U.S.C. 2021); who are transitioning back to a local edu- ‘‘(C) provides recommendations for im- ‘‘(3) a correctional facility, in consortium cational agency or earning a secondary provement of such educational programs. with a tribe, tribal education agency, or trib- school diploma, or the recognized equivalent ‘‘(2) SUBMISSION TO CONGRESSIONAL COMMIT- al organization; or of a secondary school diploma. TEES.—The Secretary and the Secretary of ‘‘(4) a State educational agency or local ‘‘(f) EVALUATION.—Each eligible entity that the Interior shall submit the report de- educational agency in consortium with a receives a grant under this section shall— scribed in paragraph (1) to the Health, Edu- tribe, tribal education agency or tribal orga- ‘‘(1) evaluate the grant program, not less cation, Labor and Pensions Committee and nization, as defined in section 4 of the Indian than once every 3 years, to determine the the Indian Affairs Committee of the Senate,

VerDate Mar 15 2010 01:56 Jun 24, 2011 Jkt 099060 PO 00000 Frm 00047 Fmt 0624 Sfmt 0634 E:\CR\FM\A23JN6.042 S23JNPT1 tjames on DSKG8SOYB1PROD with SENATE S4084 CONGRESSIONAL RECORD — SENATE June 23, 2011 the Committee on Education and the Work- responsive teaching and learning strategies education or school administration at an ap- force and the Committee on Natural Re- for Indian children into the educational pro- propriately accredited institution of higher sources of the House of Representatives, and gram.’’; and education; to Indian tribes.’’; (ii) in subsection (c), by inserting ‘‘, in the ‘‘(C) submit an application to participate (15) in section 1442, as redesignated by case of a local educational agency that in the Indian educator scholarship program paragraph (12), by inserting at the end the serves an Indian tribal community, rep- at such time and in such manner as the Sec- following: resentatives of Indian tribes,’’ after ‘‘part A retary shall determine; and ‘‘(5) INDIAN TRIBE.—The term ‘Indian tribe’ of title I’’; ‘‘(D) sign and submit to the Secretary at means any Indian tribe, band, nation, other (E) in section 2123 (20 U.S.C. 6623)— the time that such application is submitted, organized group or community, including (i) in subsection (a)(3)— a written contract, as described in sub- any Alaska Native village or Regional Cor- (I) in subparagraph (B)— section (c). poration or Village Corporation as defined in (aa) in clause (ii), by inserting ‘‘students ‘‘(c) CONTENTS OF CONTRACT.— or established pursuant to the Alaska Native from Indian reservation communities,’’ after ‘‘(1) IN GENERAL.—The written contract be- Claims Settlement Act (42 U.S.C. 1601 et ‘‘(including students who are gifted and tal- tween the Secretary and the individual, as seq.), which is recognized as eligible for the ented),’’; described in subsection (b)(2)(D), shall con- special programs and services provided by (bb) in clause (iv), by striking ‘‘limited tain the following: the United States to Indians because of their English proficient and immigrant children; ‘‘(A) A statement that the Secretary status as Indians.’’; and and’’ and inserting ‘‘children from Indian agrees to provide the individual with a schol- (16) in section 1903(b)(2)— reservation communities, limited English arship, as described in subsection (d), in each (A) in subparagraph (F), by striking ‘‘and’’ proficient children, and immigrant chil- school year or years for a period during after the semicolon; dren;’’ which such individual is pursuing a course of (B) in subparagraph (G), by striking the pe- (cc) in clause (v), by striking the period at study in elementary and secondary edu- riod and inserting ‘‘; and’’; and the end and inserting ‘‘; and’’; and cation or school administration at an appro- (C) by adding at the end the following: (dd) by inserting at the end the following: priately accredited institution of higher edu- ‘‘(H) representatives of Indian tribes lo- ‘‘(vi) in the case of a local educational cation. cated in the State.’’. agency that serves Indian children, provide ‘‘(B) A statement that the individual agrees— Subtitle B—Preparing, Training, and Recruit- training in effective incorporation of culturally responsive teaching and learning ‘‘(i) to accept provision of the Indian edu- ing High Quality Teachers and Principals cator scholarship; strategies for Indian children.’’; and SEC. 121. PREPARING, TRAINING, AND RECRUIT- ‘‘(ii) to maintain enrollment in such course (II) in subparagraph (D), by inserting ‘‘In- ING HIGH QUALITY TEACHERS AND of study until the individual completes the dian students,’’ after ‘‘disadvantaged fami- PRINCIPALS. course of study; lies,’’; and Title II (20 U.S.C. 6601 et seq.) is amended— ‘‘(iii) while enrolled in such course of (ii) by adding at the end the following: (1) in part A— study, to maintain an acceptable level of ‘‘(c) BUREAU OF INDIAN EDUCATION (A) by striking paragraph (3) of section 2102 academic standing (as determined by the SCHOOLS.—A school funded by the Bureau of (20 U.S.C. 6602) and inserting the following: Secretary, taking into account the require- Indian Education that receives funds re- ‘‘(3) HIGH-NEED LOCAL EDUCATIONAL AGEN- ments of the educational institution offering served under section 2111(b)(1)(A)(ii) shall CY.—The term ‘high-need local educational such course of study); and use such funds to carry out 1 or more of the agency’ means— ‘‘(iv) to serve through full-time employ- activities described in subsection (a), and ‘‘(A) a local educational agency— ment at an eligible school for a time period may use such funds to improve housing, as ‘‘(i)(I) that serves not fewer than 10,000 (referred to in this section as the ‘period of needed to recruit and retain highly-qualified children from families with incomes below obligated service’) equal to the greater of— teachers and principals.’’; the poverty line; or ‘‘(I) 1 year for the equivalent of each school ‘‘(II) for which not less than 20 percent of (F) in section 2131(1) (20 U.S.C. 6631(1))— year for which the individual was provided a the children served by the agency are from (i) in subparagraph (A)(i) by inserting ‘‘, or scholarship under the Indian educator schol- families with incomes below the poverty a tribally controlled college or university (as arship program; or line; and defined in section 2 of the Tribally Con- ‘‘(II) 2 years. ‘‘(ii)(I) for which there is a high percentage trolled Colleges and Universities Assistance ‘‘(C) A statement of the damages to which of teachers not teaching in the academic Act of 1978 (25 U.S.C. 1801))’’ after ‘‘prin- the United States is entitled, under sub- subjects or grade levels that the teachers cipals’’; and section (e), for the individual’s breach of the were trained to teach; or (ii) in subparagraph (B) by inserting ‘‘an contract. ‘‘(II) for which there is a high percentage Indian tribe,’’ after ‘‘principal organiza- ‘‘(D) Such other statement of the rights of teachers with emergency, provisional, or tion,’’; and liabilities of the Secretary and of the in- temporary certification or licensing; or (G) by inserting after subpart 5, the fol- dividual, in accordance with the provisions ‘‘(B) a school funded by the Bureau of In- lowing: of this section. dian Education.’’; ‘‘Subpart 6—Indian Educator Scholarship ‘‘(2) PERIOD OF OBLIGATED SERVICE.— (B) by striking clause (ii) of section Program ‘‘(A) ELIGIBLE SCHOOLS.—An individual 2111(b)(1)(A) (20 U.S.C. 6611(b)(1)(A)) and in- ‘‘SEC. 2161. INDIAN EDUCATOR SCHOLARSHIP shall meet the requirement for the period of serting the following: PROGRAM. obligated service under the written contract ‘‘(ii) 5 percent for the Secretary of the In- ‘‘(a) GRANTS AUTHORIZED.—In order to between the individual and the Secretary, as terior to be distributed to schools operated carry out the United States trust responsi- described in paragraph (1), if such individual or funded by the Bureau of Indian Education, bility for the education of Indian children, is employed full-time— as provided in section 2123(c).’’; and to provide a more stable base of edu- ‘‘(i) in a school funded by the Bureau of In- (C) in section 2113(c)(18) (20 U.S.C. cation professionals to serve in public ele- dian Education; or 6613(c)(18))— mentary schools and secondary schools with ‘‘(ii) in a public school that serves a sig- (i) in subparagraph (A) by striking ‘‘and’’ a significant number of Indian students and nificant number of Indian students. after the semicolon; schools funded by the Bureau of Indian Edu- ‘‘(B) DEFERMENT FOR ADVANCED STUDY.—At (ii) in subparagraph (B) by striking the pe- cation, the Secretary shall make scholarship the request of an individual who has entered riod and inserting ‘‘; and’’; and grants to Indians who are enrolled full- or into a contract described in this subsection (iii) by inserting at the end the following: part-time in appropriately accredited insti- and who has receive a baccalaureate degree ‘‘(C) provides access to clearinghouse infor- tutions of higher education and pursuing a in education, the Secretary shall defer the mation to schools in the State that are fund- course of study in elementary and secondary period of obligated service of such individual ed by the Bureau of Indian Education.’’; education or school administration. Such under such contract to enable such indi- (D) in section 2122 (20 U.S.C. 6622)— scholarships shall be designated Indian edu- vidual to complete a course of study leading (i) in subsection (b)— cator scholarships and shall be made in ac- to an advanced degree in education, or need- (I) in paragraph (2), by inserting ‘‘, includ- cordance with this section. ed to become certified for an appropriate pe- ing Indian students,’’ after ‘‘minority stu- ‘‘(b) ELIGIBILITY.— riod (in years, as determined by the Sec- dents’’; and ‘‘(1) IN GENERAL.—The Secretary shall de- retary), subject to the following conditions: (II) in paragraph (9)— termine the applicants who will receive ‘‘(i) A period of advanced study shall not be (aa) in subparagraph (C) by striking ‘‘and’’ scholarships under subsection (a). counted as satisfying any period of obligated after the semicolon; ‘‘(2) CRITERIA.—In order to be eligible for service that is required under this section. (bb) in subparagraph (D) by striking the participation in the Indian educator scholar- ‘‘(ii) The period of obligated service of the period at the end and inserting ‘‘; and’’; and ship program, an individual must— individual shall commence at the later of— (cc) by adding at the end the following: ‘‘(A) be an Indian, as defined in section ‘‘(I) 90 days after the completion of the ad- ‘‘(E) for teachers in schools that serve In- 7151; vanced course of study; dian children, become familiar with the In- ‘‘(B) be accepted for enrollment, or be en- ‘‘(II) at the commencement of the first dian communities served by the local edu- rolled, as a full- or part-time student in a school year that begins after the completion cational agency and incorporate culturally course of study in elementary and secondary of the advanced course of study; or

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‘‘(III) by a date specified by the Secretary. such individual is enrolled not to accept pay- ‘‘(A) REQUIRED WAIVER.—The Secretary ‘‘(C) PART-TIME STUDY.—In the case of an ment, under this section. shall provide for the partial or total waiver individual receiving a scholarship under this ‘‘(2) FAILURE TO COMPLETE THE PERIOD OF or suspension of any obligation of service or section who is enrolled part-time in an ap- OBLIGATED SERVICE.— payment of a recipient of an Indian educator proved course of study— ‘‘(A) IN GENERAL.—Subject to paragraph scholarship, if the Secretary determines ‘‘(i) a scholarship under this section shall (C), if for any reason not specified in para- that— be for a period of years not to exceed the graph (1), an individual breaches the written ‘‘(i) it is not possible for the recipient to part-time equivalent of 4 years, as deter- contract under this section by failing either meet the obligation or make the payment; mined by the Secretary; to begin such individual’s period of obligated ‘‘(ii) requiring the recipient to meet the ‘‘(ii) the period of obligated service shall be service or failing to complete such obliga- obligation or make the payment would re- equal to the greater of— tion, the United States shall be entitled to sult in extreme hardship to the recipient; or ‘‘(I) the part-time equivalent of 1 year for recover from the individual an amount de- ‘‘(iii) the enforcement of the requirement each year for which the individual was pro- termined in accordance with the following to meet the obligation or make the payment vided a scholarship, as determined by the formula: would be unconscionable. Secretary; or ‘‘A=3Z(t - s/t) ‘‘(B) PERMISSIBLE WAIVER.—Notwith- ‘‘(II) 2 years; and ‘‘in which— standing any other provision of law, in any ‘‘(iii) the amount of the monthly stipend ‘‘(i) ‘A’ is the amount the United States is case of extreme hardship or for other good specified in subsection (d) shall be reduced entitled to recover; cause shown, the Secretary may waive, in pro rata, as determined by the Secretary, ‘‘(ii) ‘Z’ is the sum of the amounts paid whole or in part, the right of the United based on the number of hours of study in under this section to, or on behalf of, the in- States to recover funds made available under which such individual is enrolled. dividual and the interest on such amounts this section. ‘‘(d) SCHOLARSHIP.— which would be payable if, at the time the ‘‘(6) BANKRUPTCY.— ‘‘(1) IN GENERAL.—A scholarship provided amounts were paid, they were loans bearing ‘‘(A) IN GENERAL.—Subject to subparagraph to a student under the Indian educator schol- interest at the maximum legal prevailing (B), and notwithstanding any other provision arship program for a school year shall con- rate, as determined by the Treasurer of the of law, with respect to a recipient of an In- sist of payment to, or in accordance with United States; dian educator scholarship, no obligation for paragraph (2), on behalf of, the student in ‘‘(iii) ‘t’ is the total number of months in payment may be released by a discharge in the amount of— the individual’s period of obligated service in bankruptcy under title 11. ‘‘(A) the tuition of the student for the accordance with subsection (c)(2) of this sec- ‘‘(B) EXCEPTION.—The prohibition de- school year or, for a part-time student, the tion; and scribed in subparagraph (A) shall not apply tuition for the appropriate portion of the ‘‘(iv) ‘s’ is the number of months of such if— school year; period served by such individual in accord- ‘‘(i) such discharge is granted after the ex- ‘‘(B) all other reasonable educational ex- ance with this section. piration of the 5-year period beginning on penses, including fees, books, and laboratory ‘‘(B) AMOUNTS NOT PAID.—Amounts not the initial date on which that payment is expenses, incurred by the student in such paid within such period shall be subject to due; and school year; and collection through deductions in Medicare ‘‘(ii) the bankruptcy court finds that the ‘‘(C) a stipend of $800 per month (adjusted payments pursuant to section 1395ccc of title nondischarge of the obligation would be un- in accordance with paragraph (3)) for each of 42. conscionable. the 12 consecutive months beginning with ‘‘(C) DELAY IN THE PERIOD OF OBLIGATED ‘‘(f) PLACEMENT ASSISTANCE.—The Sec- the first month of such school year. SERVICE.—An individual who has entered into retary shall assist the recipient of an Indian ‘‘(2) PAYMENT TO AN INSTITUTION OF HIGHER a written contract with the Secretary under educator scholarship in learning about place- EDUCATION.—The Secretary may contract this section may petition the Secretary to ment opportunities in eligible schools by with an institution of higher education in delay the date on which the individual would transmitting the name and educational cre- which a participant in the Indian educator otherwise be required to begin the period of dentials of such recipient to— scholarship program is enrolled for the pay- obligated service if such individual has not ‘‘(1) State educational agency clearing- ment to such institution of the amounts of succeeded in obtaining employment required houses for recruitment and placement of tuition and other reasonable educational ex- by this section. In support of such petition, kindergarten, elementary school, and sec- penses described in subparagraph (A) and (B) the individual shall supply such reasonable ondary school teachers and administrators of paragraph (1). Payment to such institu- information as the Secretary may require. in States with a substantial number of In- tion may be made without regard to section The Secretary shall retain full discretion dian children; 3324(a) and (b) of title 31. whether to grant or decline such a delay and ‘‘(2) elementary schools and secondary ‘‘(3) STIPEND.—The amount of the monthly to determine the duration of any delay that schools funded by the Bureau of Indian Edu- stipend described in paragraph (1)(C) shall be is granted. cation; and increased by the Secretary for each school ‘‘(3) REPAYMENT.— ‘‘(3) tribal education agencies (as defined year ending in a fiscal year beginning after ‘‘(A) IN GENERAL.—Any amount of damages in section 1116A(b)). September 30, 2011, by an amount (rounded which the United States is entitled to re- ‘‘(g) OTHER PROVISIONS.—Notwithstanding to the next highest multiple of $1) equal to cover under this subsection shall be paid to any other provision of this title, sections the amount of such stipend multiplied by the the United States within the 1-year period 2101, 2102, 2103, and subparts 1 through 5 of overall percentage (under section 5303 of beginning on the date of the breach or such this part shall not apply to a grant or schol- title 5) of the adjustment (if such adjustment longer period beginning on such date as shall arship awarded under this section. is an increase) in the rates of pay under the be specified by the Secretary. ‘‘(h) AUTHORIZATION OF APPROPRIATIONS.— General Schedule made effective in the fiscal ‘‘(B) RECOVERY OF DAMAGES.—If damages For the purpose of carrying out this section, year in which such school year ends. described in subparagraph (A) are delinquent there are authorized to be appropriated ‘‘(e) LIABILITY; FAILURE TO COMPLETE THE for 3 months, the Secretary shall, for the $50,000,000 for fiscal year 2012, and each of the PERIOD OF OBLIGATED SERVICE; REPAYMENT.— purpose of recovering such damages— 5 succeeding fiscal years.’’. ‘‘(1) LIABILITY.—An individual who has en- ‘‘(i) utilize collection agencies contracted (2) in part B, by striking subparagraph (B) tered into a written contract with the Sec- with by the Administrator of the General of section 2202(a)(2) (20 U.S.C. 6662(a)(2)) and retary under this section shall be liable to Services Administration; or inserting the following: the United States for the amount which has ‘‘(ii) enter into contracts for the recovery ‘‘(B) ALLOTMENT.—From the amount made been paid to, or on behalf of, such individual of such damages with collection agencies se- available under this part for a fiscal year and under the contract, if such individual— lected by the Secretary. not reserved under subparagraph (A)(i), the ‘‘(A) fails to maintain an acceptable level ‘‘(C) CONTRACTS FOR RECOVERY OF DAM- Secretary shall allot— of academic standing in the institution of AGES.—Each contract for recovering damages ‘‘(i) one-half of one percent to the Sec- higher education in which the individual is pursuant to this subsection shall provide retary of the Interior for grants involving enrolled (as determined by the Secretary that the contractor will, not less than once schools funded by the Bureau of Education; taking into account the requirements of the every 6 months, submit to the Secretary a and educational institution offering such course status report on the success of the con- ‘‘(ii) the amount remaining after funds are of study); tractor in collecting such damages. Section distributed in accordance with clause (i), to ‘‘(B) is dismissed from such institution of 3718 of title 31 shall apply to any such con- the State educational agencies in proportion higher education for disciplinary reasons; tract to the extent not inconsistent with this to the number of children aged 5 to 17, who ‘‘(C) voluntarily terminates the training in subsection. are from families with incomes below the such institution of higher education for ‘‘(4) DEATH.—Upon the death of an indi- poverty line and reside in a State for the which such individual is provided a scholar- vidual who receives, or has received, an In- most recent fiscal year for which satisfac- ship under such contract before the comple- dian educator scholarship, any obligation of tory data are available, as compared to the tion of such training; or such individual for service or payment that number of such children who reside in all ‘‘(D) fails to accept payment, or instructs relates to such scholarship shall be canceled. such States for such year.’’; and the institution of higher education in which ‘‘(5) WAIVER.— (3) in part C—

VerDate Mar 15 2010 01:56 Jun 24, 2011 Jkt 099060 PO 00000 Frm 00049 Fmt 0624 Sfmt 0634 E:\CR\FM\A23JN6.043 S23JNPT1 tjames on DSKG8SOYB1PROD with SENATE S4086 CONGRESSIONAL RECORD — SENATE June 23, 2011 (A) in section 2302(b)(2) by striking ‘‘or use the grant funds for the following activi- $15,000,000 for fiscal year 2012 and each of the public charter schools’’ and inserting ‘‘, pub- ties: 5 succeeding fiscal years.’’. lic charter schools, or schools funded by the ‘‘(A) Native American language programs, SEC. 132. STATE AND TRIBAL EDUCATION AGEN- Bureau of Indian Education’’; which are site-based educational programs CY AGREEMENTS. (B) in section 2304— that— Title III of the Elementary and Secondary (i) in subsection (a)(1)(B), by inserting ‘‘or ‘‘(i) provide instruction through the use of Education Act of 1965 (20 U.S.C. 6801 et seq.) with a school funded by the Bureau of Indian a Native American language for not less is amended by adding at the end the fol- Education,’’ after section ‘‘2101’’; and than 10 children for an average of not less lowing: (ii) in subsection (d)(3), in the matter pre- than 500 hours; ‘‘Subpart 5—State and Tribal Education ceding subparagraph (A), by striking ‘‘or ‘‘(ii) provide for the involvement of parents Agency Agreements public charter school’’ and inserting ‘‘public (or legal guardians) of students participating charter school, or school funded by the Bu- ‘‘SEC. 3151. STATE AND TRIBAL EDUCATION in such a program; AGENCY AGREEMENTS. reau of Indian Education’’. ‘‘(iii) develop instructional courses and ‘‘(a) PURPOSE.—The purpose of this section Subtitle C—Native American Languages materials for learning Native American lan- is to facilitate efforts by tribal education Programs guages and for instruction through the use of agencies and State educational agencies to SEC. 131. IMPROVEMENT OF ACADEMIC SUCCESS Native American languages; partner with each other in order to— OF INDIAN STUDENTS THROUGH NA- ‘‘(iv) provide for teacher training; and ‘‘(1) improve the academic achievement of TIVE AMERICAN LANGUAGES PRO- ‘‘(v) work toward a goal of all students par- Indian children and youth who reside on res- GRAMS. ticipating in such a program achieving— ervations and tribal lands; and Subpart 1 of part A of title III of the Ele- ‘‘(I) fluency in a Native American lan- mentary and Secondary Education Act of ‘‘(2) promote tribal self-determination in guage; and education. 1965 (20 U.S.C. 6821 et seq.) is amended by ‘‘(II) academic proficiency in mathematics, adding at the end the following: ‘‘(b) DEFINITION.—The term ‘tribal edu- English, reading (or language arts), and cation agency’ means an agency or adminis- ‘‘SEC. 3117. IMPROVEMENT OF ACADEMIC SUC- science. trative unit of an Indian tribe that is author- CESS OF INDIAN STUDENTS ‘‘(B) Native American language restoration THROUGH NATIVE AMERICAN LAN- ized by the tribe to have primary responsi- GUAGES PROGRAMS. programs, which are educational programs bility for regulating, administering, or su- ‘‘(a) PURPOSES.—The purposes of this sec- that— pervising early learning or elementary and tion are— ‘‘(i) provide instruction in at least 1 Native secondary education on reservations or trib- ‘‘(1) to improve the academic achievement American language; al lands. of American Indian and Alaska Native stu- ‘‘(ii) provide training programs for teach- ‘‘(c) AUTHORITY FOR ELIGIBLE TRIBAL EDU- dents through Native American languages ers of Native American languages; CATION AGENCIES.— programs; and ‘‘(iii) develop instructional materials for ‘‘(1) IN GENERAL.—In order to receive the ‘‘(2) to foster the acquisition of Native the programs; and authority and funds authorized under para- American languages. ‘‘(iv) work toward a goal of increasing pro- graph (3), an eligible tribal education agency ‘‘(b) DEFINITIONS.—In this section: ficiency and fluency for participating stu- shall enter into an agreement, subject to ap- ‘‘(1) AVERAGE.—The term ‘average’, when dents in at least 1 Native American lan- proval by the Secretary, with the appro- used with respect to the number of hours of guage. priate State educational agency to assume instruction through the use of a Native ‘‘(2) PERMISSIBLE USES.—An eligible entity the State educational agency’s responsi- American language, means the aggregate that receives a grant under this section may bility for carrying out activities specified in number of hours of instruction through the use the grant funds for— the agreement under 1 or more of the pro- use of a Native American language to all stu- ‘‘(A) Native American language and cul- grams identified in paragraph (3)(B)(ii) on dents enrolled in a Native American lan- ture camps; the eligible tribal education agency’s res- guage program during a school year divided ‘‘(B) Native American language programs ervation or tribal lands. by the total number of students enrolled in provided in coordination and cooperation ‘‘(2) ELIGIBILITY.—In order for a tribal edu- the program. with educational entities; cation agency to receive the authority or ‘‘(2) ELIGIBLE ENTITY.—The term ‘eligible ‘‘(C) Native American language programs funds described in paragraph (3), pursuant to entity’ means— provided in coordination and cooperation an agreement with the State educational ‘‘(A) a local educational agency; with local institutions of higher education; agency— ‘‘(B) an Indian tribe; ‘‘(D) Native American language programs ‘‘(A) the eligible tribal education agency’s ‘‘(C) an Indian organization; that use a master-apprentice model of learn- tribe must have a reservation or tribal lands ‘‘(D) a federally supported elementary ing languages; (which may be an Alaska Native village), as school or secondary school for Indian chil- ‘‘(E) Native American language programs recognized under Federal or State law, on dren; provided through a regional program to bet- which 1 or more publicly administered ‘‘(E) an Indian institution (including an In- ter serve geographically dispersed students; schools are operating under State law; and dian institution of higher education); or ‘‘(F) Native American language teacher ‘‘(B) not less than 50 percent of the stu- ‘‘(F) a consortium of any of the entities de- training programs, such as training pro- dents enrolled in each such school must be scribed in subparagraphs (A) through (E). grams in Native American language trans- Indians. ‘‘(c) GRANTS AUTHORIZED.— lation for fluent speakers, training programs ‘‘(3) ELIGIBLE TRIBAL EDUCATION AGENCY ‘‘(1) IN GENERAL.—The Secretary shall for Native American language teachers, WITH AN APPROVED AGREEMENT.—In the case award grants to eligible entities to enable training programs for teachers in schools to of an eligible tribal education agency that such entities to carry out the activities de- utilize Native American language materials, has an approved agreement in place, as described in this section. tools, and interactive media to teach a Na- scribed in paragraph (1), the Secretary shall, ‘‘(2) DURATION.— tive American language; and consistent with the agreement— ‘‘(A) IN GENERAL.—The Secretary shall ‘‘(G) the development of Native American ‘‘(A) treat the eligible tribal education award grants under this section on a multi- language materials, such as books, audio and year basis for a duration of not less than 4 agency as a State educational agency for the visual tools, and interactive media pro- purposes of— years. grams. ‘‘(B) RENEWAL.—Grants awarded under this ‘‘(i) carrying out on the reservation or ‘‘(f) ASSURANCE.—A eligible entity awarded section may be renewed. tribal lands, the activities specified in the a grant under this section shall provide an ‘‘(d) APPLICATIONS.— agreement under 1 or more of the programs assurance that each instructor of a Native ‘‘(1) IN GENERAL.—Each eligible entity de- listed in subparagraph (B)(ii); and siring a grant under this section shall sub- American language under a program sup- ‘‘(ii) section 444 of the General Education mit an application to the Secretary at such ported with grant funds under this section is Provisions Act (20 U.S.C. 1232g, commonly time, in such manner, and accompanied by certified to teach such language by the In- known as the ‘Family Educational Rights such information as the Secretary may rea- dian tribe whose language will be taught. and Privacy Act of 1974’); and sonably require, in addition to the informa- ‘‘(g) EVALUATION.—After the completion of ‘‘(B) provide, or have the State educational tion required in this section. the fourth year of a grant awarded under this agency provide, to the eligible tribal edu- ‘‘(2) CONTENTS.—An application submitted section, the Secretary shall— cation agency a proportion of the funds that under paragraph (1) shall include a certifi- ‘‘(1) carry out a comprehensive evaluation are available to— cation from the eligible entity that the enti- of the programs carried out by the grantee ‘‘(i) carry out State-level activities; and ty has not less than 3 years of experience in with grant funds; and ‘‘(ii) as applicable, award subgrants under 1 operating and administering a Native Amer- ‘‘(2) provide a report on the evaluation to or more of the following programs, as pro- ican language program or any other edu- the grantee, the tribe or tribes whose chil- vided for in the agreement: cational program in which instruction is dren are served by the program, and parents ‘‘(I) State grants under part A of title I. conducted in a Native American language. of the children served. ‘‘(II) Grants under this Act that support ‘‘(e) USES OF GRANT FUNDS.— ‘‘(h) AUTHORIZATION OF APPROPRIATIONS.— school turnaround efforts. ‘‘(1) REQUIRED USES.—An eligible entity For the purpose of carrying out this section, ‘‘(III) Grants under this Act for the purpose that receives a grant under this section shall there are authorized to be appropriated of assessing achievement.

VerDate Mar 15 2010 01:56 Jun 24, 2011 Jkt 099060 PO 00000 Frm 00050 Fmt 0624 Sfmt 0634 E:\CR\FM\A23JN6.043 S23JNPT1 tjames on DSKG8SOYB1PROD with SENATE June 23, 2011 CONGRESSIONAL RECORD — SENATE S4087 ‘‘(IV) The teacher and principal training ‘‘(C) the proposed process and time period SEC. 152. PURPOSE OF FORMULA GRANTS. and recruiting fund under part A of title II. for entering into the agreement described Section 7111 of the Elementary and Sec- ‘‘(V) Grants under the English Language under subsection (c)(1). ondary Education Act of 1965 (20 U.S.C. 7421) Acquisition, Language Enhancement, and ‘‘(e) SPECIAL RULE.—If the tribal education is amended to read as follows: Academic Achievement Act under part A of agency and State educational agency are un- ‘‘SEC. 7111. PURPOSE. title III. able to reach an agreement that the Sec- ‘‘It is the purpose of this subpart to sup- ‘‘(VI) The education of migratory children retary approves, the Secretary may, at the port the efforts of local educational agencies program under part C of title I. request of either agency and for a reasonable to develop elementary school and secondary ‘‘(VII) Grants provided for the education of period, use all or a portion of the State’s ad- school programs for Indian students that are homeless children and youth. ministrative funds for the program listed in designed to meet the unique cultural, lan- ‘‘(VIII) Prevention and intervention pro- subsection (c)(3)(B)(ii) for which an applica- guage and educational needs of such stu- grams for children and youth who are ne- tion is made, in order to facilitate an agree- dents.’’. glected, delinquent, or at-risk under part D ment (such as through alternative dispute SEC. 153. GRANTS TO LOCAL EDUCATIONAL of title I. resolution). AGENCIES AND TRIBES. ‘‘(IX) Programs under this Act for rural ‘‘(f) REVIEW AND REPORTING.— Section 7112 of the Elementary and Sec- and low-income schools. ‘‘(1) REVIEW.—The Secretary shall require ondary Education Act of 1965 (20 U.S.C. 7422) ‘‘(4) ELIGIBLE TRIBAL EDUCATION AGENCY an eligible tribal education agency and a is amended— WITHOUT AN APPROVED AGREEMENT.—In the State educational agency that have an ap- (1) in subsection (a)— case of an eligible tribal education agency proved agreement to— (A) by striking ‘‘The Secretary’’ and in- that has not yet entered into an agreement, ‘‘(A) periodically review the agreement; serting the following: as described in paragraph (1), the Secretary and ‘‘(1) GRANT AWARDS.—The Secretary’’; and may provide technical assistance to the eli- ‘‘(B) if appropriate, revise the agreement (B) by adding at the end the following: gible tribal education agency in order to fa- and submit the revised agreement to the ‘‘(2) CONSORTIA.— cilitate such an agreement. Secretary for approval. N GENERAL ‘‘(d) APPLICATIONS.— ‘‘(A) I .—Two or more local edu- ‘‘(2) REPORT.—An eligible tribal education ‘‘(1) IN GENERAL.—An eligible tribal educational agencies may form a consortium to cation agency that desires to receive the au- agency and a State educational agency that apply for and carry out a program under this thority or funds described in paragraph have an approved agreement shall report to subpart, as long as each local educational (c)(3), pursuant to an agreement with a State the Secretary every 2 years about the effec- agency participating in the consortium— educational agency, shall submit an applica- tiveness of the agreement.’’. ‘‘(i) provides an assurance to the Secretary tion to the Secretary at such time, in such Subtitle D—21st Century Schools that the eligible Indian children served by manner, and containing such information such local educational agency receive the SEC. 141. SAFE AND HEALTHY SCHOOLS FOR NA- services of the programs funded under this and assurances as the Secretary may re- TIVE AMERICAN STUDENTS. quire. subpart; and Subpart 2 of part A of title IV of the Ele- ‘‘(2) APPLICATION FROM AN ELIGIBLE TRIBAL ‘‘(ii) shall be subject to all requirements, mentary and Secondary Education Act of EDUCATION AGENCY THAT HAS AN AGREE- assurances, and obligations applicable to 1965 (20 U.S.C. 7131 et seq.) is amended by MENT.—An application from an eligible tribal local educational agencies under this sub- adding at the end the following: education agency that has an agreement in part. place with the State educational agency and ‘‘SEC. 4131. SAFE AND HEALTHY SCHOOLS FOR ‘‘(B) APPLICABILITY.—The Secretary shall is seeking the Secretary’s approval of such NATIVE AMERICAN STUDENTS. treat each consortium described in subpara- agreement, in order to gain the authority ‘‘From funds made available to carry out graph (A) as if such consortium were a local and funds described under subsection (c)(3), this subpart, the Secretary shall— educational agency for purposes of this sub- shall— ‘‘(1) establish a program to improve school part.’’; ‘‘(A) describe the eligible tribal education environments and student skill development (2) in subsection (b)— agency’s current role and responsibilities on for healthy choices for Native American stu- (A) by striking paragraph (1) and inserting the reservation or tribal lands; and dents, including— the following: ‘‘(B) provide a copy of the agreement de- ‘‘(A) prevention regarding— ‘‘(1) ENROLLMENT REQUIREMENTS.— scribed under subsection (c)(1), which shall, ‘‘(i) alcohol and drug misuse; ‘‘(A) IN GENERAL.—Subject to subparagraph at a minimum— ‘‘(ii) suicide; (B), a local educational agency shall be eligi- ‘‘(i) identify each program listed in sub- ‘‘(iii) violence; ble for a grant under this subpart for any fis- section (c)(3)(B)(ii) for which the applicant ‘‘(iv) pregnancy; and cal year if the number of Indian children eli- will assume some or all of the State-level re- ‘‘(v) obesity; gible under section 7117 who were enrolled in sponsibility on the reservation or tribal ‘‘(B) nutritious eating programs; and the schools of the agency, and to whom the lands under the agreement; ‘‘(C) anger and conflict management pro- agency provided free public education, dur- ‘‘(ii) describe the State-level activities grams; ing the preceding fiscal year— that the tribal education agency will carry ‘‘(2) establish a program for school dropout ‘‘(i) was at least 10; or out under such program, and the division of prevention for Native American students; ‘‘(ii) constituted not less than 25 percent of roles and responsibilities between the tribal and the total number of individuals enrolled in education agency and the State educational ‘‘(3) collaborate with the Secretary of Agri- the schools of such agency. agency in carrying out such activities, in- culture to establish tribal-school specific ‘‘(B) SPECIAL RULE.—Notwithstanding any cluding, if applicable, any division of respon- school gardens and nutrition programs that other provision of this Act, in any case sibility for awarding subgrants to local edu- are within the tribal cultural context.’’. where an Indian tribe that represents a plu- cational agencies; Subtitle E—Indian, Native Hawaiian, and rality of the eligible Indian children who are ‘‘(iii) identify the administrative and fiscal Alaska Native Education served by a local educational agency eligible resources that the applicant will have avail- for a grant under this subpart requests that able to carry out such activities; and SEC. 151. PURPOSE. the local educational agency enter into a co- ‘‘(iv) provide evidence of any other collabo- Section 7102 of the Elementary and Sec- operative agreement with such tribe to as- ration with the State educational agency in ondary Education Act of 1965 (20 U.S.C. 7402) sist in the planning and operation of the pro- administering State-level activities for the is amended— gram funded by such grant, the local edu- programs listed in subsection (c)(3)(B)(ii). (1) by striking subsection (a) and inserting cational agency shall enter into such an ‘‘(3) APPLICATION FROM AN ELIGIBLE TRIBAL the following: agreement as a condition for receiving funds EDUCATION AGENCY THAT HAS NOT YET EN- ‘‘(a) PURPOSE.—It is the purpose of this under this subpart.’’; and TERED INTO AN AGREEMENT WITH A STATE EDU- subpart to support the efforts of local edu- (B) in paragraph (2), by striking ‘‘a res- CATIONAL AGENCY.—An application from an cational agencies, Indian tribes and organi- ervation’’ and inserting ‘‘an Indian reserva- eligible tribal education agency that has not zations, postsecondary institutions, and tion’’; yet entered into an agreement with a State other entities to improve the academic (3) in subsection (c)— educational agency, as described under sub- achievement of American Indian and Alaska (A) in paragraph (1), by striking ‘‘such section (c)(1), shall include a description of— native students by meeting their unique cul- grant, an’’ and inserting the following: ‘‘such ‘‘(A) the program authority that the eligi- tural, language, and educational needs.’’; and grant— ble tribal education agency would like to ob- (2) in subsection (b)— ‘‘(A) an Indian tribe that represents a plu- tain and the State-level activities that the (A) by redesignating paragraphs (3) and (4) rality of the eligible Indian children who are eligible tribal education agency would like as paragraphs (4) and (5), respectively; and served by such local educational agency may to carry out; (B) by inserting after paragraph (2) the fol- apply for such grant; or ‘‘(B) the eligible tribal education agency’s lowing: ‘‘(B) a consortium of Indian tribes rep- role and responsibilities on the reservation ‘‘(3) strengthening American Indian and resenting a plurality of the eligible Indian or tribal lands and administrative and fiscal Alaska Native students’ knowledge of their children who are served by such local edu- capability and resources at the time of the languages, history, traditions, and cul- cational agency may apply for such grant.’’; application; and tures;’’. and

VerDate Mar 15 2010 01:56 Jun 24, 2011 Jkt 099060 PO 00000 Frm 00051 Fmt 0624 Sfmt 0634 E:\CR\FM\A23JN6.043 S23JNPT1 tjames on DSKG8SOYB1PROD with SENATE S4088 CONGRESSIONAL RECORD — SENATE June 23, 2011 (B) in paragraph (2)— ‘‘(C) determine the extent to which such ‘‘(3) the local educational agency identifies (i) by inserting ‘‘or consortium of Indian activities address the unique cultural, lan- in its application how the use of such funds tribes’’ after ‘‘each Indian tribe’’; guage, and educational needs of Indian stu- in a schoolwide program will produce bene- (ii) by inserting ‘‘or such consortium’’ dents;’’; fits to the Indian students that would not be after ‘‘such Indian tribe’’; and (D) in paragraph (4)(C) (as redesignated by achieved if the funds were not used in a (iii) by inserting ‘‘or consortium’’ after paragraph (1)), by striking ‘‘and teachers,’’ schoolwide program.’’. ‘‘any such tribe’’; and and inserting ‘‘teachers, and representatives SEC. 157. STUDENT ELIGIBILITY FORMS. (4) by adding at the end the following: of Indian tribes with reservations located Section 7117(e) of the Elementary and Sec- ‘‘(d) INDIAN COMMITTEE.—If neither a local within 50 miles of any of the schools (if any ondary Education Act of 1965 (20 U.S.C. educational agency pursuant to subsection such tribe has children in any such school)’’; 7427(e)) is amended— (b), nor an Indian tribe or consortium of In- (E) in paragraph (5)— (1) by striking ‘‘For purposes’’ and insert- dian tribes pursuant to subsection (c), ap- (i) in subparagraph (A)— ing the following: plies for a grant under this subpart, a com- (I) by redesignating clauses (ii) and (iii) as ‘‘(1) IN GENERAL.—For purposes’’; and mittee of Indian individuals in the commu- clauses (iii) and (iv), respectively; and (2) by adding at the end the following: nity of the local educational agency may (II) by inserting after clause (i) the fol- ‘‘(2) RECORDS.—Once a child is determined apply for such grant and the Secretary shall lowing: to be an Indian eligible to be counted for apply the special rule in subsection (c)(2) to ‘‘(ii) representatives of Indian tribes with such grant award, the local educational such committee in the same manner as such reservations located within 50 miles of any of agency shall maintain a record of such deter- rule applies to an Indian tribe or consortium the schools, if any such tribe has children in mination and the local educational agency of Indian tribes.’’. any such school;’’; and Secretary shall not require a new or du- SEC. 154. AMOUNT OF GRANTS. (ii) in subparagraph (B), by inserting ‘‘and plicate determination to be made for such Section 7113 of the Elementary and Sec- representatives of Indian tribes described in child for a subsequent application for a grant ondary Education Act of 1965 (20 U.S.C. 7423) subparagraph (A)(ii), if applicable’’ before under this subpart.’’. is amended— the semicolon at the end; and SEC. 158. TECHNICAL ASSISTANCE. (1) in subsection (b)— (iii) in subparagraph (D)— Subpart 1 of part A of title VII of the Ele- (A) in paragraph (1), by striking ‘‘$3,000’’ (I) in clause (i), by striking ‘‘and’’ after the mentary and Secondary Education Act of and inserting ‘‘$10,000’’; semicolon; and 1965 (20 U.S.C. 7421 et seq.) is further amend- (B) in paragraph (2)— (II) by adding at the end the following: ed by adding at the end the following: (i) by inserting ‘‘and Indian tribes’’ after ‘‘(iii) determined that the program will di- ‘‘SEC. 7120. TECHNICAL ASSISTANCE. ‘‘Local educational agencies’’; and rectly enhance the educational experience of ‘‘The Secretary shall, directly or through a (ii) by inserting ‘‘and operating programs’’ American Indian and Alaska Native stu- contract, provide technical assistance to a after ‘‘obtaining grants’’; and dents; and’’; and local educational agency upon request (in (C) by striking ‘‘$4,000’’ and inserting (3) by adding at the end the following: addition to any technical assistance available under any other provision of this Act or ‘‘$15,000’’; and ‘‘(d) OUTREACH.—The Secretary shall mon- (2) in subsection (d)— itor the applications for grants under this available through the Institute of Education Sciences) to support the services and activi- (A) in the subsection heading, by striking subpart to identify eligible local educational ties provided under this subpart, including ‘‘AFFAIRS’’ and inserting ‘‘EDUCATION’’; and agencies and schools operated by the Bureau technical assistance for— (B) in paragraph (1)(A)(i), by striking ‘‘Af- of Indian Education that have not applied for ‘‘(1) the development of applications under fairs’’ and inserting ‘‘Education’’. grants, and shall undertake appropriate out- this subpart; reach activities to encourage and assist such SEC. 155. APPLICATIONS. ‘‘(2) improvement in the quality of imple- entities to submit applications.’’. Section 7114 of the Elementary and Sec- mentation, content of activities, and evalua- ondary Education Act of 1965 (20 U.S.C. 7424) SEC. 156. AUTHORIZED SERVICES AND ACTIVI- tion of activities supported under this sub- is amended— TIES. part; and (1) in subsection (b)— Section 7115 of the Elementary and Sec- ‘‘(3) integration of activities under this (A) in paragraph (2)— ondary Education Act of 1965 (20 U.S.C. 7425) title with other educational activities estab- (i) in subparagraph (A), by striking ‘‘is is amended— lished by the local educational agency.’’. consistent with the State and local’’ and in- (1) in subsection (b)— SEC. 159. AMENDMENTS RELATING TO TRIBAL serts ‘‘supports the State, tribal, and local’’; (A) by redesignating paragraphs (1) COLLEGES AND UNIVERSITIES. and through (11) as paragraphs (2) through (12), Subpart 2 of part A of title VII of the Ele- (ii) in subparagraph (B), by striking ‘‘, that respectively; mentary and Secondary Education Act of are’’ and all that follows through ‘‘all chil- (B) by inserting before paragraph (2) (as re- 1965 (20 U.S.C. 7441 et seq.) is amended— dren’’; and designated by subparagraph (A)) the fol- (1) in section 7121(b), by striking ‘‘Indian (B) in paragraph (3), by striking ‘‘, espe- lowing: institution (including an Indian institution cially programs carried out under title I,’’; ‘‘(1) the activities that support Native of higher education)’’ and inserting ‘‘Tribal (C) in paragraph (5)— American language programs and Native College or University, as defined in section (i) in subparagraph (A), by striking ‘‘and’’ American language restoration programs, 316(b) of the Higher Education Act of 1965’’; after the semicolon; such as those programs described in section and (ii) by adding at the end the following: 7123;’’; (2) in section 7122— ‘‘(C) the parents of Indian children and rep- (C) in paragraph (4) (as redesignated by (A) in subsection (b)— resentatives of Indian tribes on the com- subparagraph (A)), by striking ‘‘and directly (i) by striking paragraph (1) and inserting mittee described in subsection (c)(5) will par- support the attainment of challenging State the following: ticipate in the planning of the professional academic content and student academic ‘‘(1) a Tribal College or University, as de- development materials; and’’; and achievement standards’’; fined in section 316(b) of the Higher Edu- (D) in paragraph (6)(B)— (D) in paragraph (5) (as redesignated by cation Act of 1965;’’; and (i) in clause (i), by striking ‘‘and’’ after the subparagraph (A)), by striking ‘‘that meet (ii) in paragraph (4), by striking the period semicolon; and the needs of Indian children and their fami- and inserting ‘‘, in consortium with not less (ii) by adding at the end the following: lies’’ and inserting ‘‘, including programs than 1 Tribal College or University, as de- ‘‘(iii) each Indian tribe whose children are that promote parental involvement in school fined in section 316(b) of the Higher Edu- served by the local educational agency; activities and promote parental involvement cation Act of 1965.’’; and and’’; to increase student achievement, in order to (B) in subsection (f)— (2) in subsection (c)— meet the unique needs of Indian children and (i) by redesignating paragraphs (1) and (2) (A) by redesignating paragraphs (2) their families;’’ as paragraphs (2) and (3), respectively; through (4) as paragraphs (3) through (5), re- (E) in paragraph (6) (as redesignated by (ii) by inserting after ‘‘the Secretary—’’ spectively; subparagraph (A)); the following: (B) by inserting after paragraph (1) the fol- (F) in paragraph (10) (as redesignated by ‘‘(1) shall give priority to tribally-char- lowing: subparagraph (A)), by striking ‘‘, consistent tered institutions of higher education;’’; ‘‘(2) the local educational agency will use with State standards’’; and (iii) in paragraph (2), as redesignated, by funds received under this subpart only for (G) in paragraph (12) (as redesignated by striking ‘‘shall’’ and inserting ‘‘may’’; and activities described and authorized in this subparagraph (A)), by striking ‘‘, and incor- (iv) in paragraph (3), as redesignated, by subpart;’’; porate appropriately qualified tribal elders striking ‘‘basis of—’’ and all that follows (C) in paragraph (3) (as redesignated by and seniors’’; and through ‘‘grants’’ and inserting ‘‘basis of the subparagraph (1))— (2) in subsection (c)— length of any period during which the eligi- (i) in subparagraph (A), by striking ‘‘and’’ (A) in paragraph (1), by striking ‘‘and’’ ble entity has received a grant or grants’’. after the semicolon; after the semicolon; and SEC. 160. TRIBAL EDUCATIONAL AGENCY COOP- (ii) in subparagraph (B), by inserting ‘‘and’’ (B) in paragraph (2), by striking the period ERATIVE AGREEMENTS. after the semicolon; and and inserting ‘‘; and’’; and Subpart 2 of part A of title VII of the Ele- (iii) by adding at the end the follow (C) by adding at the end the following: mentary and Secondary Education Act of

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1965 (20 U.S.C. 7441 et seq.) is amended by more than 5 qualifying Indian tribes per year ‘‘(e) GEOGRAPHICAL DIVERSITY.—In award- adding at the end the following: to be eligible to receive grants with the Sec- ing grants under this section, the Secretary ‘‘SEC. 7123. TRIBAL EDUCATION AGENCY COOP- retary to administer State educational agen- shall ensure that grants are provided and ERATIVE AGREEMENTS. cy functions authorized under this Act for grant amounts are used in a manner that re- ‘‘(a) IN GENERAL.—Notwithstanding any schools that meet the eligibility criteria de- sults in national geographic diversity among other provision of this Act, an Indian tribe scribed in subsection (e). These functions in- Indian tribes applying for grants under this may enter into a cooperative agreement with clude all grants, including grants allocated section. a State educational agency or a local edu- through formulas and discretionary grants ‘‘(f) CONSORTIUM OF TRIBES.—Nothing in cation agency that serves a school within allocated on a competitive basis, that are this section shall preclude the development the Indian lands of such Indian tribe. awarded under this Act. and submission of a single tribal education ‘‘(b) PLANNING PHASE.— ‘‘(b) COOPERATIVE AGREEMENT.—Upon the agencies pilot project by the participating request of an Indian tribe that includes, ‘‘(1) IN GENERAL.—Each Indian tribe seek- Indian tribes of an intertribal consortium. within the Indian lands of the tribe, a school ing to participate in the Tribal Education ‘‘(g) REPORTING REQUIREMENTS.—The Sec- served by a State educational agency or a Agencies Pilot Project shall complete a plan- retary shall submit to Congress a written re- local educational agency that receives as- ning phase. The planning phase shall in- port 3 years after the date of enactment of sistance under this Act, the State edu- clude— this Act that— cational agency or local educational agency ‘‘(A) the development of an education plan ‘‘(1) identifies the relative costs and bene- shall enter into a cooperative agreement for the schools that meet the eligibility cri- fits of tribal education agencies, as dem- with the Indian tribe with respect to such teria described in subsection (e) and that will onstrated by the grants; school. The Indian tribe and the State edu- be served under the pilot project; and ‘‘(2) identifies the funds transferred to each cational agency or local educational agency, ‘‘(B) demonstrated coordination and col- tribal education agency and the cor- as the case may be, shall determine the laboration partnerships, including coopera- responding reduction in the Federal bureauc- terms of the agreement, and the agreement tive agreements with each local educational racy; and may— agency that serves a school meeting the cri- ‘‘(3) includes the separate views of each In- ‘‘(1) authorize the tribal education agency teria described in subsection (e). dian tribe participating in the pilot project. of the Indian tribe to plan, conduct, consoli- ‘‘(2) EXEMPTION.—The Secretary may waive ‘‘(h) DEFINITIONS.—In this section: date, and administer programs, services, the planning phase, upon the application of ‘‘(1) INDIAN LAND.—The term ‘Indian land’ functions, and activities, or portions thereof, an Indian tribe, if the Indian tribe has— has the meaning given that term in section administered by the State educational agen- ‘‘(A) been operating a tribal education 8013. cy or local educational agency; and agency successfully for 2 or more years; and ‘‘(2) INDIAN TRIBE.—The term ‘Indian tribe’ ‘‘(2) authorize the tribal education agency ‘‘(B) can demonstrate compliance with the means any Indian tribe, band, nation, other to reallocate funds for such programs, serv- fiscal accountability provision of 5(f)(1) of organized group or community, including ices, functions, and activities, or portions the Indian Self-Determination and Edu- any Native village or Regional Corporation thereof as necessary. cation Assistance Act (25 U.S.C. 450c(f)(1)), or Village Corporation as defined in or estab- relating to the submission of a single-agency ‘‘(c) DISAGREEMENT.—If an Indian tribe has lished pursuant to the Alaska Native Claims requested a cooperative agreement under audit report required by chapter 75 of title Settlement Act, that is recognized as eligi- subsection (b) with a State educational agen- 31, United States Code. ble for the special programs and services pro- ‘‘(c) FUNDING AGREEMENT.—After an Indian cy or local educational agency that receives vided by the United States to Indians be- tribe has successfully completed the plan- assistance under this Act, and the Indian cause of their status as Indians. ning phase, the Secretary shall award a ‘‘(i) AUTHORIZATION OF APPROPRIATIONS.— tribe and State educational agency or local grant and enter into a funding agreement to educational agency cannot reach an agree- There are authorized to be appropriated to the Indian tribe to enable the tribal edu- carry out this section $25,000,000 for fiscal ment, the Indian tribe may submit to the cation agency of the tribe to administer all Secretary the information that the Sec- year 2012 and each of the 5 succeeding fiscal State educational agency functions de- years.’’. retary determines relevant to make a deter- scribed in subsection (a) for the schools that SEC. 162. IMPROVE SUPPORT FOR TEACHERS mination. The Secretary shall provide notice meet the eligibility criteria described in sub- the affected State educational agency or AND ADMINISTRATORS OF NATIVE section (e). Each funding agreement shall— AMERICAN STUDENTS. local educational agency not later than 30 ‘‘(1) identify the programs, services, func- days after receiving the Indian tribe’s sub- Subpart 2 of part A of title VII of the Ele- tions, and activities that the tribal edu- mentary and Secondary Education Act of mission. After such notice is made, the State cation agency will be administering for such educational agency or local educational 1965 (20 U.S.C. 7441 et seq.) is amended by schools; adding at the end the following: agency has 30 days to submit information ‘‘(2) determine the amount of funds to be ‘‘SEC. 7125. TEACHER AND ADMINISTRATOR PIPE- that the Secretary determines relevant in re- provided to the Indian tribe by the alloca- lation to the disagreement. After the 30 days LINE FOR TEACHERS AND ADMINIS- tions or grant amounts that would otherwise TRATORS OF NATIVE AMERICAN provided to the State educational agency or be provided to the State educational agency, STUDENTS. local educational agency has elapsed, the as appropriate; and ‘‘(a) GRANTS AUTHORIZED.—The Secretary Secretary shall make a determination. ‘‘(3) ensure that the Secretary provides shall award grants to eligible entities to en- ‘‘(d) CONSORTIUM OF TRIBES.—Nothing in such funds directly to the tribe to admin- able such entities to create or expand a this section shall preclude the development ister such programs. teacher or administrator, or both, pipeline and submission of a single tribal education ‘‘(d) ELIGIBILITY.—In order to serve a for teachers and administrators of Native agencies pilot project cooperative agreement school through a funding agreement under American students. by the participating Indian tribes of an this section, the Indian tribe shall dem- ‘‘(b) ELIGIBLE ENTITY.—In this section, the intertribal consortium. onstrate— term ‘eligible entity’ means— ‘‘(e) DEFINITIONS.—In this section: ‘‘(1) that the school meets 1 or more of the ‘‘(1) a local educational agency; ‘‘(1) INDIAN LAND.—The term ‘Indian land’ following criteria: ‘‘(2) an institution of higher education; or has the meaning given that term in section ‘‘(A) The school is funded by the Bureau of ‘‘(3) a nonprofit organization. 8013. Indian Affairs, whether directly or through a ‘‘(c) PRIORITY.—In awarding grants under ‘‘(2) INDIAN TRIBE.—The term ‘Indian tribe’ contract or compact with an Indian tribe or this section, the Secretary shall give pri- means any Indian tribe, band, nation, other a tribal consortium. ority to Tribal Colleges and Universities (as organized group or community, including ‘‘(B) The school receives payments under defined in section 316 of the Higher Edu- any Native village or Regional Corporation title VII because of students living on Indian cation Act of 1965). or Village Corporation as defined in or estab- land. ‘‘(d) ACTIVITIES.—An eligible entity that lished pursuant to the Alaska Native Claims ‘‘(C) The school is located on Indian land. receives a grant under this section shall cre- Settlement Act, that is recognized as eligi- ‘‘(D) A majority of the students in the ate a program that shall prepare, recruit, ble for the special programs and services pro- school are American Indian or Alaska Na- and provide continuing education for teach- vided by the United States to Indians be- tive; and ers and administrators of Native American cause of their status as Indians.’’. ‘‘(2) that the Indian tribe— students, in particular for teachers of— SEC. 161. TRIBAL EDUCATION AGENCIES PILOT ‘‘(A) has the capacity to administer the ‘‘(1) science, technology, engineering, and PROJECT. functions for which the tribe applies for such mathematics;, Subpart 2 of part A of title VII of the Ele- school, including compliance with the fiscal ‘‘(2) subjects that lead to health profes- mentary and Secondary Education Act of accountability provision of 5(f)(1) of the In- sions; and 1965 (20 U.S.C. 7441 et seq.) is further amend- dian Self-Determination and Education As- ‘‘(3) green skills and ‘middle skills’, included by adding at the end the following: sistance Act (25 U.S.C. 450c(f)(1)), relating to ing electrical, welding, technology, plumb- ‘‘SEC. 7124. TRIBAL EDUCATION AGENCIES PILOT the submission of a single-agency audit re- ing, and green jobs. PROJECT. port required by chapter 75 of title 31, United ‘‘(e) INCENTIVES FOR TEACHERS AND ADMIN- ‘‘(a) PURPOSE.—There is established a pilot States Code; and ISTRATORS.—An eligible entity that receives project to be known as the ‘Tribal Education ‘‘(B) satisfies such other factors that the a grant under this section may provide in- Agency Pilot Project’ that authorizes not Secretary deems appropriate. centives to teachers and principals who

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An eligible entity that receives a grant schools’) in order to increase the number of ‘‘(3) A demonstration of the capacity to under this section shall develop an evidence- American Indian, Alaska Native, and Native have native language speakers provide the based, culturally-based school and commu- Hawaiian graduates at all levels of edu- basic education offered by the school for the nity orientation for new teachers and admin- cation, and to increase the proficiencies of minimum 900 hours per academic year as re- istrators of Native American students.’’. these students in the curriculum being quired under the grant. taught. SEC. 163. NATIONAL BOARD CERTIFICATION IN- ‘‘(f) ACTIVITIES AUTHORIZED.—The fol- ROGRAM UTHORIZED CENTIVE DEMONSTRATION PRO- ‘‘(b) P A .—From the lowing activities are the activities that may GRAM. amounts made available to carry out this be carried out by the eligible schools that re- Subpart 2 of part A of title VII of the Ele- section, the Secretary may award grants to ceive a grant under this section: mentary and Secondary Education Act of eligible schools to develop and maintain, or ‘‘(1) Development of an articulated instruc- to improve and expand, programs that sup- 1965 (20 U.S.C. 7441 et seq.) is further amend- tional curriculum for the language of the port articulated Native language learning in ed by adding at the end the following: tribe, American Indian, Alaska Native, or kindergarten through postsecondary edu- Hawaiian community served by the school ‘‘SEC. 7126. NATIONAL BOARD CERTIFICATION IN- cation programs. applying for the grant. CENTIVE DEMONSTRATION PRO- ‘‘(c) ELIGIBLE SCHOOL; DEFINITION.—In this GRAM. section— ‘‘(2) In-service and preservice development ‘‘(a) PURPOSES.—The purposes of this sec- ‘‘(1) the term ‘eligible school’ means a of teachers and paraprofessionals who will be tion are— school that provides elementary or sec- providing the instruction in the native lan- ‘‘(1) to improve the skills of qualified indi- ondary education or a Tribal College or Uni- guage involved. viduals that teach Indian people; and versity, including an elementary or sec- ‘‘(3) Development of contextual, experien- ‘‘(2) to provide an incentive for qualified ondary school operated by a Tribal College tial programs, and curriculum materials re- teachers to continue to utilize their en- or University, that has, or can present a plan lated to the indigenous language of the com- hanced skills in schools serving Indian com- for development of, an immersion school or munity which the immersion school serves. munities. courses in which instruction is provided for a ‘‘(g) NUMBER, AMOUNT, AND DIVERSITY OF ‘‘(b) ELIGIBLE ENTITIES.—For the purpose minimum 900 hours per academic year; and LANGUAGES IN GRANTS.—Based on the of this section, the term ‘eligible entity’ ‘‘(2) the term ‘Tribal College or University’ amount appropriated by Congress as author- means— has the meaning given that term in section ized by this section, and the number of eligi- ‘‘(1) a State educational agency or local 316(b) of the Higher Education Act of 1965. ble schools applying for a grant under this educational agency, in consortium with an ‘‘(d) APPLICATION.—An eligible school seek- section, the Secretary may determine the institution of higher education; ing a grant under this section shall submit amounts and length of each grant made ‘‘(2) an Indian tribe or organization, in con- an application to the Secretary at such time under this section and shall ensure, to the sortium with a local educational agency; or and in such manner as the Secretary may re- maximum extent practicable, that diversity ‘‘(3) a Bureau-funded school (as defined in quire, that includes the following informa- in languages is represented in such grants. section 1146 of the Education Amendments of tion: ‘‘(h) REPORT TO SECRETARY.—Each eligible 1978). ‘‘(1) The number of students attending the school receiving a grant under this section ‘‘(c) PROGRAM AUTHORIZED.—For fiscal school. shall provide an annual report to the Sec- years 2012 through 2018, the Secretary is au- ‘‘(2) The number of present hours of tribal retary at such time, in such manner, and thorized to award grants to eligible entities language instruction being provided to stu- containing such information as the Sec- having applications approved under this sec- dents at the school, if any. retary may require. tion to enable those entities to— ‘‘(3) The status of school with regard to ‘‘(i) AUTHORIZATION OF APPROPRIATIONS.— ‘‘(1) reimburse individuals who teach In- any applicable Tribal Education Department Notwithstanding any other section author- dian people with out-of-pocket costs associ- or agency, public education system, or ac- izing funds to be appropriated for carrying ated with obtaining National Board Certifi- crediting body. out the purposes of this title, there is au- cation; and ‘‘(4) A statement that the school is en- thorized to be appropriated to carry out this ‘‘(2) providing a minimum of $5,000 but not gaged in meeting targeted proficiency levels section $5,000,000 for the first full fiscal year more than a $10,000 increase in annual com- for students as may be required by applicable following the date of enactment of this sec- pensation for National Board Certified indi- Federal, State, or tribal law. tion, and such sums as are necessary in the viduals for the duration of the Demonstra- ‘‘(5) A statement identifying how the pro- 4 following fiscal years.’’. tion Project. ficiency levels for students being educated, SEC. 165. COORDINATION OF INDIAN STUDENT ‘‘(d) APPLICATION.—Each eligible entity de- or to be educated, at the tribal language im- INFORMATION. siring a grant under this section shall sub- mersion school are, or will be, assessed. Subpart 3 of part A of title VII of the Ele- mit an application to the Secretary at such ‘‘(6) A list of the instructors at the tribal mentary and Secondary Education Act of time, in such manner, and accompanied by language immersion school and their quali- 1965 (20 U.S.C. 7451 et seq.) is amended by such information, as the Secretary may re- fications. adding at the end the following: quire. In reviewing applications under this ‘‘(7) A list of any partners or subcontrac- tors with the tribal language immersion ‘‘SEC. 7137. COORDINATION OF INDIAN STUDENT section, the Secretary shall ensure that the INFORMATION. eligible entities— school who may assist in the provision of instruction in the immersion setting, and the ‘‘(a) PURPOSE.—Consonant with the United ‘‘(1) are located within the boundaries of a States’ unique and continuing trust respon- reservation; and role of such partner or subcontractor. ‘‘(8) Any other information that the Sec- sibility to Indian people for the education of ‘‘(2) maintain an average enrollment of at Indian children as described in section 7101, least 30 percent of students that reside with- retary may require. ‘‘(e) ADDITIONAL ELIGIBILITY REQUIRE- it is the purpose of this section to enable the in the boundaries of a reservation. MENTS.—When submitting an application for Secretary to establish or improve the effec- ‘‘(e) RESTRICTIONS ON COMPENSATION IN- a grant under this section, each eligible tiveness and efficiency of programs for co- CREASES.—The Secretary shall require and school shall submit: ordination among educational agencies and ensure that National Board Certified individ- ‘‘(1) A certificate from a federally recog- schools for the linkage and exchange of stu- uals continue to teach at the eligible entity nized Indian tribe, or a letter from any orga- dent records of Indian children. as a condition of receiving annual compensa- nized American Indian, Alaska Native, or ‘‘(b) GRANTS AUTHORIZED.— tion increases provided for in this section. Native Hawaiian community, on whose lands ‘‘(1) IN GENERAL.—The Secretary, in con- ‘‘(f) PROGRESS REPORTS.—In fiscal years the school is located, or which is served by sultation with the Secretary of the Interior, 2015 and 2018, the Comptroller General of the the school, or from a tribally controlled col- the States, and Indian tribes, is authorized United States shall provide a report on the lege or university (as defined in section 2 of to make grants to, or enter into contracts progress of the entities receiving awards in the Tribally Controlled College or University with, State educational agencies, local edu- meeting applicable progress standards.’’. Assistance Act of 1978) that is operating the cational agencies, Indian tribes, Indian orga- SEC. 164. TRIBAL LANGUAGE IMMERSION school, indicating that the school has the ca- nizations, tribal education agencies, institu- SCHOOLS. pacity to provide language immersion edu- tions of higher education, other public and Subpart 2 of part A of title VII of the Ele- cation and that there are sufficient native private nonprofit organizations, and con- mentary and Secondary Education Act of speakers at the school or available to be sortia of all such entities, to improve the 1965 (20 U.S.C. 7441 et seq.) is further amend- hired by the school who are trained as edu- collection, coordination, and electronic ex- ed by adding at the end the following: cators who can provide the education serv- change of Indian student records between ‘‘SEC. 7127. TRIBAL LANGUAGE IMMERSION ices required by the school in the native lan- State educational agencies, local edu- SCHOOLS. guage used at the immersion school and who cational agencies, and elementary schools ‘‘(a) PURPOSE.—It is the purpose of this will satisfy any requirements of any applica- and secondary schools funded by the Bureau section to establish a grant program to per- ble law for educators generally. of Indian Education.

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‘‘(2) PREFERENCE.—In awarding grants ‘‘(3) NO COST FOR CERTAIN TRANSFERS.—A change of student records of Indian children. under this section, the Secretary shall give State educational agency or local edu- To facilitate such establishment and partici- preference to— cational agency receiving assistance under pation by such schools, the Secretary of the ‘‘(A) entities that are Indian tribes, Indian this Act, or an elementary school or sec- Interior shall, at the request of any such organizations, tribal education agencies; or ondary school funded by the Bureau of In- school, supply technical assistance. Amounts ‘‘(B) consortia that include 1 or more such dian Education, shall make student records required to be supplied to elementary and entities. available at request of any other educational secondary schools operated by Indian tribes ‘‘(3) GRANT DURATION.—Each grant awarded agency or school at no cost to the requesting or tribal organizations pursuant to contracts under this section shall be for a duration of agency or school if the request is made in issued under authority of the Indian Self-De- not more than 5 years. order to meet the needs of an Indian child termination and Education Assistance Act who is enrolled, or was enrolled, in the ‘‘(c) ASSISTANCE.— (25 U.S.C. 450 et seq.) or pursuant to grants school receiving assistance under this Act. ‘‘(1) IN GENERAL.—The Secretary shall as- issued under authority of the Tribally Con- ‘‘(d) REPORT TO CONGRESS.— sist the Secretary of the Interior, the States, trolled Schools Act (25 U.S.C. 2501 et seq.) ‘‘(1) IN GENERAL.—Not later than 2 years and elementary schools and secondary shall be added to the respective contracts or after the date of enactment of this section, schools funded by the Bureau of Indian Edu- grants of such tribes or tribal organizations. the Secretary shall prepare and submit, to cation in developing effective methods for— ‘‘(f) DATA COLLECTION.—The Secretary the Committee on Health, Education, Labor, ‘‘(A) the electronic transfer of student shall direct the National Center for Edu- and Pensions and the Committee on Indian records of Indian children; cation Statistics to collect data on Indian Affairs of the Senate, and the Committee on children. ‘‘(B) the determination of the number of Education and the Workforce of the House of Indian children in each State, disaggregated ‘‘(g) AUTHORIZATION OF APPROPRIATIONS.— Representatives a report— For the purpose of carrying out this section, by the local educational agency in which ‘‘(A) describing the status of the imple- such children reside; and there are authorized to be appropriated mentation of this section; and $20,000,000 for fiscal year 2012 and each of the ‘‘(C) the determination of the extent to ‘‘(B) including recommendations from the which Indian children under the age of 18 5 succeeding fiscal years.’’. Secretary and the Secretary of the Interior SEC. 166. AUTHORIZATION OF APPROPRIATIONS. who have not achieved a secondary school di- regarding the collection, coordination and ploma are not enrolled in any school. Section 7152 (20 U.S.C. 7492) is amended to exchange of health and educational informa- read as follows: ‘‘(2) INFORMATION SYSTEMS.— tion on Indian children by the Secretary of ‘‘(A) IN GENERAL.—Using amounts made the Interior, the States, and elementary ‘‘SEC. 7152. AUTHORIZATIONS OF APPROPRIA- TIONS. available under subsection (e), the Sec- schools and secondary schools funded by the ‘‘(a) SUBPART 1.—For the purpose of car- retary, in consultation with the Secretary of Bureau of Indian Education. rying out subpart 1, there are authorized to the Interior, the States, and elementary ‘‘(2) REQUIRED CONTENTS.—The Secretary be appropriated $130,000,000 for fiscal year schools and secondary schools funded by the shall include in the report and recommenda- 2012 and such sums as may be necessary for Bureau of Indian Education, shall award tions described in paragraph (1)— each of the 5 succeeding fiscal years. grants or contracts to, or enter agreements ‘‘(A) a report on the progress made by the ‘‘(b) SUBPART 2.—For the purpose of car- with, State educational agencies and local Secretary of the Interior, the States, and el- rying out subpart 2, there are authorized to educational agencies, and provide funds to ementary schools and secondary schools be appropriated $50,000,000 for fiscal year 2012 the Secretary of the Interior in accordance funded by the Bureau of Indian Education in and such sums as may be necessary for each with subsection (d) in order to ensure the developing and linking electronic records of the 5 succeeding fiscal years. linkage of Indian student records systems for transfer systems; ‘‘(c) SUBPART 3.—For the purpose of car- the purpose of electronically exchanging, ‘‘(B) recommendations for the develop- rying out subpart 3, there are authorized to among and between State educational agen- ment, linkage, and maintenance of such sys- be appropriated $25,000,000 for fiscal year 2012 cies, local educational agencies, and schools, tems; and such sums as may be necessary for each health and educational information regard- ‘‘(C) recommendations for measures that of the 5 succeeding fiscal years.’’. ing all Indian students. The Secretary of may be taken to ensure the continuity and Education shall ensure such linkage occurs enhancement of services to Indian students; Subtitle F—Impact Aid in a cost-effective manner, and to the extent ‘‘(D) a report from the Secretary of the In- SEC. 171. IMPACT AID. practicable, utilizes systems, if any, used terior describing the extent to which funding Section 8004 of the Elementary and Sec- prior to the date of enactment of this sec- supplied to elementary schools and secondary Education Act of 1965 (20 U.S.C. 7704) tion. ondary schools funded by the Bureau of In- is amended— ‘‘(B) DATA ELEMENTS.—The Secretary shall dian Education pursuant to subsection (1) in subsection (a)— identify the data elements that each State (e)(2)(B) is sufficient to enable those schools (A) in paragraph (2), by inserting ‘‘, prior receiving assistance under this subsection to develop and operate electronic records to any final decision by the agency on how and the Secretary of the Interior shall col- transfer systems; and funds received under section 8003 will be lect and maintain for each Indian student ‘‘(E) a report on recommendations made by spent’’ after ‘‘benefits of such programs and enrolled in a school, which, at a minimum, Indian tribes, Indian organizations, tribal de- activities’’; shall include— partments of education, and elementary (B) in paragraph (5)— ‘‘(i) the student’s enrollment and schools and secondary schools funded by the (i) by inserting ‘‘local education’’ after ‘‘to disenrollment in any elementary and sec- Bureau of Indian Education, and consortia of such’’; and ondary school, and the grade levels success- such entities, regarding implementation of (ii) by inserting ‘‘, prior to any final deci- fully completed at such school; this section and the extent to which such sion by the agency on how funds received ‘‘(ii) the student’s immunization records recommendations were taken into account. under section 8003 will be spent’’ after ‘‘edu- and other health information; ‘‘(3) PUBLICATION IN FEDERAL REGISTER.— cational program’’; ‘‘(iii) the student’s elementary and sec- Not later than 14 days after the report de- (2) by redesignating subsections (c) ondary academic history (including partial scribed in paragraph (1) is submitted to Con- through (f) as subsections (d) through (g), re- credit), credit accrual, and results from any gress, the Secretary shall publish such respectively; assessments required by Federal law; port in the Federal Register. (3) by inserting after subsection (b) the fol- ‘‘(iv) other academic information essential ‘‘(e) AVAILABILITY OF FUNDS.— lowing: to ensuring that Indian children achieve ‘‘(1) RESERVATION.—For the purpose of car- ‘‘(c) ANNUAL SUMMARY.—On an annual high standards; and rying out this section in any fiscal year, the basis, a local educational agency that claims ‘‘(v) the student’s eligibility for services Secretary shall reserve $20,000,000 of the children residing on Indian lands for the pur- under the Individuals with Disabilities Edu- amount appropriated pursuant to subsection pose of receiving funds under section 8003 cation Act. (c) of section 7152. shall provide Indian tribes with— ‘‘(C) NOTICE AND COMMENT.—After fulfilling ‘‘(2) ALLOTMENT FOR THE SECRETARY OF THE ‘‘(1) a summary of programs and activities the consultation required under subpara- INTERIOR.— that were created for the claimed children, graph (A), the Secretary shall publish a no- ‘‘(A) IN GENERAL.—From the amounts re- or in which the claimed children participate; tice in the Federal Register seeking public served pursuant to paragraph (1), the Sec- and comment on the proposed data elements that retary shall transfer to the Secretary of the ‘‘(2) the funding received under section 8003 the Secretary of the Interior and each State Interior $8,000,000 for each fiscal year to be in the prior and current fiscal years attrib- shall be required to collect for purposes of used as described in subparagraph (B). utable to such claimed children.’’; and electronic transfer of Indian student infor- ‘‘(B) DISTRIBUTION AND USE OF FUNDS.—The (4) by inserting after subsection (g), as so mation with respect to schools assisted Secretary of the Interior shall distribute all redesignated, the following: under this Act and the requirements the Sec- funds transferred pursuant to subparagraph ‘‘(h) TIMELY PAYMENTS.— retary of the Interior and the States shall (A) to elementary schools and secondary ‘‘(1) IN GENERAL.—Subject to paragraph (2), meet for immediate electronic access to such schools funded by the Bureau of Indian Edu- the Secretary shall pay a local educational information. Such publication shall occur cation for use by such schools to pay the agency that claims children residing on In- not later than 180 days after the date of en- costs of establishing and participating in dian lands for the purpose of receiving funds actment of this section. systems for the orderly linkage and ex- under section 8003 the full amount that the

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agency is eligible to receive under this title the Elementary and Secondary Education ‘‘(1) IN GENERAL.—Except as otherwise pro- for a fiscal year not later than September 30 Act of 1965 (20 U.S.C. 7901 et seq.) is amended vided in this subsection, gross income does of the second fiscal year following the fiscal by adding at the end the following: not include the value of— year for which such amount has been appro- ‘‘SEC. 9537. TECHNICAL ASSISTANCE AND CAPAC- ‘‘(A) any qualified Indian education ben- priated if, not later than 1 calendar year fol- ITY BUILDING FOR TRIBAL SCHOOLS efit, or lowing the fiscal year in which such amount AND SCHOOLS SERVED BY THE BU- ‘‘(B) any qualified Indian cultural benefit. has been appropriated, such local edu- REAU OF INDIAN EDUCATION. ‘‘(2) QUALIFIED INDIAN EDUCATION BENEFIT.— cational agency submits to the Secretary all ‘‘Notwithstanding any other provision of For purposes of this subsection, the term the data and information necessary for the this Act, the Secretary shall ensure that any ‘qualified Indian education benefit’ means— Secretary to pay the full amount that the program supported with funds provided ‘‘(A) any educational grant or benefit pro- agency is eligible to receive under this title under this Act that awards grants, contracts, vided, directly or indirectly, to a member of for such fiscal year. or other assistance to public schools, pro- an Indian tribe, including a spouse or de- ‘‘(2) PAYMENTS WITH RESPECT TO FISCAL vides a 1 percent reservation for technical pendent of such a member, by the Federal YEARS IN WHICH INSUFFICIENT FUNDS ARE AP- assistance or capacity building for tribal government through a grant to or a contract PROPRIATED.—For a fiscal year in which the schools or schools served by the Bureau of or compact with an Indian tribe or tribal or- amount appropriated under section 8014 is in- Indian Education to ensure such tribal ganization or through a third-party program sufficient to pay the full amount a local edu- schools or schools served by the Bureau of funded by the Federal government, and cational agency is eligible to receive under Indian Education are provided the assistance ‘‘(B) any educational grant or benefit pro- this title, paragraph (1) shall be applied by to compete for such grants, contracts, or vided or purchased by an Indian tribe or trib- substituting ‘is available to pay the agency’ other assistance.’’. al organization to or for a member of an In- for ‘the agency is eligible to receive’ each TITLE II—AMENDMENTS TO OTHER LAWS dian tribe, including a spouse or dependent place it appears.’’. SEC. 201. AMENDMENTS TO THE AMERICAN RE- of such a member. Subtitle G—General Provisions COVERY AND REINVESTMENT ACT ‘‘(3) QUALIFIED INDIAN CULTURAL BENEFIT.— OF 2009 TO PROVIDE FUNDING FOR SEC. 181. HIGHLY QUALIFIED DEFINITION. For purposes of this subsection, the term INDIAN PROGRAMS. Section 9109(23) of the Elementary and Sec- ‘qualified Indian cultural benefit’ means— Title XIV of Division A of the American ondary Education Act of 1965 (20 U.S.C. ‘‘(A) any grant or benefit provided, directly Recovery and Reinvestment Act of 2009 (Pub- 7801(23)) is amended— or indirectly, to a member of an Indian tribe, lic Law 111–5; 123 Stat. 279) is amended— (1) in subparagraph (B)(ii)(II), by striking including a spouse or dependent of such a (1) by striking subsection (a) of section ‘‘; and’’ and inserting a semicolon; member, by the Federal government through 14001 and inserting the following: (2) in subparagraph (C)(ii)(VII), by striking a grant to or a contract or compact with an ‘‘(a) OUTLYING AREAS; BUREAU OF INDIAN the period and inserting ‘‘; and’’; and Indian tribe or tribal organization or EDUCATION.— (3) by adding at the end the following: through a third-party program funded by the ‘‘(1) OUTLYING AREAS.—From the amount ‘‘(D) when used with respect to any public Federal government, for the study of the lan- appropriated to carry out this title, the Sec- elementary school or secondary school guage, culture, and ways of life of the tribe, retary of Education shall first allocate up to teacher teaching Native American language, and one-half of one percent to the outlying areas history, or culture in a State or any Bureau ‘‘(B) any grant or benefit provided or pur- on the basis of their respective needs, as de- of Indian Affairs funded or operated school, chased by an Indian tribe or tribal organiza- termined by the Secretary, in consultation means a teacher certified by an Indian tribe tion to or for a member of an Indian tribe, with the Secretary of the Interior, for activi- as highly qualified to teach such subjects.’’. including a spouse or dependent of such a ties consistent with this title under such SEC. 182. APPLICABILITY OF ESEA TO BUREAU OF member, for the study of the language, cul- INDIAN EDUCATION SCHOOLS. terms and conditions as the Secretary may ture, and ways of life of the tribe. Section 9103 (20 U.S.C. 7821) is amended to determine. ‘‘(4) DEFINITIONS.—For purposes of this sub- read as follows: ‘‘(2) BUREAU OF INDIAN EDUCATION.—From section— ‘‘SEC. 9103. APPLICABILITY TO BUREAU OF IN- the amounts appropriated to carry out sec- ‘‘(A) INDIAN TRIBE.—The term ‘Indian tribe’ DIAN EDUCATION SCHOOLS. tion 14006 and section 14007, the Secretary of has the meaning given such term by section ‘‘(a) IN GENERAL.—For the purpose of any Education shall allocate not less than 1 per- 45A(c)(6). competitive program under this Act, a cent, but not more than 5 percent, to the ‘‘(B) TRIBAL ORGANIZATION.—The term school described in subsection (b) shall have schools funded by the Bureau of Indian Edu- ‘tribal organization’ has the meaning given the same eligibility for and be given the cation on the basis of their respective needs, such term by section 4(l) of the Indian Self- same consideration as a local educational as determined by the Secretary of Edu- Determination and Education Assistance agency with regard to such program. cation, in consultation with the Secretary of Act. ‘‘(b) DESCRIPTION OF SCHOOLS.—A school the Interior, for activities consistent with ‘‘(C) DEPENDENT.—The term ‘dependent’ described in this subsection is— such sections under such terms and condi- has the meaning given such term by section ‘‘(1) a school funded by the Bureau of In- tions as the Secretary may determine.’’; and 152, determined without regard to sub- dian Education (including a school operated (2) in section 14005(d), by striking para- sections (b)(1), (b)(2), and (d)(1)(B) thereof. under a contract or grant with the Bureau of graph (6) (as added by section 1832(b) of the ‘‘(5) DENIAL OF DOUBLE BENEFIT.—This sub- Indian Education), or a consortium of such Department of Defense and Full-Year Con- section shall not apply to the amount of any schools; or tinuing Appropriations Act, 2011 (Public Law qualified Indian education benefit or quali- ‘‘(2) a school funded by the Bureau of In- 112–10, 125 Stat. 164)) and inserting the fol- fied Indian cultural benefit which is not indian Education in consortium with an Indian lowing: cludible in gross income of the beneficiary of tribe, institution of higher education, tribal ‘‘(6) IMPROVING EARLY CHILDHOOD CARE AND such benefit by reason of any other provision organization or community organization. EDUCATION.—The State will take actions to— of this title, or to the amount of any such ‘‘(c) OUTREACH.—The Secretary shall per- ‘‘(A) increase the number and percentage benefit for which a deduction is allowed to form outreach to schools and consortia de- of low-income and disadvantaged children in such beneficiary under any other provision scribed in subsection (b) to encourage such each age group of infants, toddlers, and pre- of this title.’’. schools and consortia to apply for each com- schoolers who are enrolled in high-quality (b) EFFECTIVE DATE.—The amendment petitive program under this Act, and shall early learning programs; made by this section shall apply to amounts provide technical assistance as needed to en- ‘‘(B) design and implement an integrated received after the date of the enactment of able such schools and consortia to submit system of high quality early learning pro- this Act. applications for such programs. grams and services; and SEC. 203. TRIBAL EDUCATION POLICY ADVISORY ‘‘(d) COLLABORATION.—The Secretary shall ‘‘(C) in collaboration with Indian tribes in GROUP. collaborate with the Secretary of the Inte- the State, ensure that the actions described Section 1126 of the Education Amendments rior to provide training and technical assist- of 1978 (25 U.S.C. 2006) is amended by adding ance to the Bureau of Indian Education, In- in (A) and (B) are taken to ensure that high- at the end the following: dian tribes, and schools operated under con- quality early learning programs and services ‘‘(h) TRIBAL EDUCATION POLICY ADVISORY tracts and grants from the Bureau of Indian are provided to Indian children in the State, GROUP.— Education, regarding— which may be accomplished through sub- ‘‘(1) ESTABLISHMENT.—Not later than 120 ‘‘(1) curriculum selection, including devel- grants to such tribes; and days after the date of enactment of this sub- opment of culturally appropriate curricula; ‘‘(D) ensure that any use of assessments section, the Secretary, acting through the ‘‘(2) the development and use of appro- conforms with the recommendations of the Assistant Secretary for Indian Affairs, shall priate assessments; and National Research Council’s reports on early establish a Tribal Education Policy Advisory ‘‘(3) effective instructional practices.’’. childhood.’’. SEC. 202. QUALIFIED SCHOLARSHIPS FOR EDU- Group (referred to in this subsection as the SEC. 183. INCREASED ACCESS TO RESOURCES ‘TEPAG’) to advise the Secretary and the FOR TRIBAL SCHOOLS, SCHOOLS CATION AND CULTURAL BENEFITS. SERVED BY THE BUREAU OF INDIAN (a) IN GENERAL.—Section 117 of the Inter- Assistant Secretary on all policies, guide- EDUCATION, AND NATIVE AMERICAN nal Revenue Code of 1986 is amended by add- lines, programmatic issues, and budget de- STUDENTS. ing at the end the following new subsection: velopment for the school system funded by (a) TECHNICAL ASSISTANCE AND CAPACITY ‘‘(e) INDIAN EDUCATION AND CULTURAL BEN- the Bureau of Indian Education. BUILDING.—Subpart 2 of part E of title IX of EFITS.— ‘‘(2) DUTIES.—

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‘‘(A) IN GENERAL.—The Secretary shall con- SEC. 204. DIVISION OF BUDGET ANALYSIS. ‘‘(4) shall reserve 1.5 percent to carry out sult with the TEPAG prior to proposing any Section 1129 of the Education Amendments section 244, except that the amount so re- regulations, establishing or changing any of 1978 (25 U.S.C. 2009) is amended— served shall not exceed $8,000,000.’’; and policies, or submitting any budget proposal (1) in subsection (c)— (3) by inserting after section 243 the fol- applicable to the Bureau of Indian Education (A) in the matter preceding paragraph (1), lowing: school system. by striking ‘‘Assistant Secretary for Indian ‘‘SEC. 244. AMERICAN INDIAN TRIBAL COLLEGE ‘‘(B) RECOMMENDATIONS.—The Secretary Affairs’’ and inserting ‘‘Secretary’’; OR UNIVERSITY ADULT EDUCATION shall include in the proposed budget devel- (B) in paragraph (2), by striking ‘‘and’’ AND LITERACY PROGRAM. oped annually for the Bureau of Indian Edu- after the semicolon; ‘‘(a) ESTABLISHMENT AND PURPOSE.—The cation any recommendations made by the (C) by redesignating paragraph (3) as para- Secretary shall establish and carry out an TEPAG resulting from the consultation graph (4); and American Indian Tribal College and Univer- under subparagraph (A). (D) by inserting after paragraph (2) the fol- sity Adult Education and Literacy Grant ‘‘(C) SUPPLEMENT, NOT SUPPLANT.—The lowing: Program to enable Tribal Colleges or Univer- consultation required by subparagraph (A) ‘‘(3) a determination of the amount nec- sities to develop and implement innovative, shall be in addition to and shall not replace essary to sustain academic and residential effective, and replicable programs designed the consultation requirement of section 1131. programs at Bureau-funded schools, cal- to enhance life skills and transition individ- ‘‘(3) COMPOSITION.— culated pursuant to subpart H of part 39 of uals to employability and postsecondary ‘‘(A) IN GENERAL.—The TEPAG shall be title 25, Code of Federal Regulations (or suc- education and to provide technical assist- composed of 26 members, who shall be se- cessor regulations); and’’; and ance to such institutions for program admin- lected in accordance with subparagraphs (B) (2) in subsection (d), by striking ‘‘Assistant istration. through (D). Secretary for Indian Affairs’’ and inserting ‘‘(b) APPLICATION.—To be eligible to re- ‘‘(B) TRIBAL MEMBERS.— ‘‘Secretary’’. ceive a grant under this section, a Tribal ‘‘(i) IN GENERAL.—The TEPAG shall be College or University shall submit to the composed of 22 elected or appointed tribal of- SEC. 205. QUALIFIED SCHOOL CONSTRUCTION Secretary an application at such time and in BOND ESCROW ACCOUNT. ficials (or designated employees of the offi- such manner as the Secretary may reason- cials with authority to act on behalf of the Part B of title II of the Indian Self-Deter- ably require. The Secretary shall, to the ex- officials), 1 from each education line office of mination and Education Assistance Act (25 tent practicable, prescribe a simplified and the Bureau of Indian Education, who shall U.S.C. 458) is amended by adding at the end streamlined format for such applications act as principal members of the TEPAG. the following: that takes into account the limited number ‘‘(ii) SELECTION PROCESS.—The tribes and ‘‘SEC. 205. AUTHORIZATION TO ESTABLISH of institutions that are eligible for assist- schools served by each education line office QUALIFIED SCHOOL CONSTRUCTION ance under this section. BOND ESCROW ACCOUNT. shall establish a process to select the prin- ‘‘(c) ELIGIBLE ACTIVITIES.—Activities that cipal member and alternate member of that ‘‘(a) IN GENERAL.—Pursuant to the author- may be carried out under a grant awarded education line office to TEPAG. ity granted under section 54F(d)(4) of the In- under this section include— ‘‘(iii) ALTERNATES.—The alternate member ternal Revenue Code of 1986, the Secretary ‘‘(1) adult education and literacy services, of an education line office selected under shall establish a qualified school construc- including workplace literacy services; clause (ii) may participate in TEPAG meet- tion bond escrow account for the purpose of ‘‘(2) family literacy services; ings in the absence of the principal member implementing section 54F of the Internal ‘‘(3) English literacy programs, including of that education line office. Revenue Code of 1986. limited English proficiency programs; ‘‘(C) NATIONAL TRIBAL ORGANIZATION MEM- ‘‘(b) TRANSFER TO ESCROW ACCOUNT.— ‘‘(4) civil engagement and community par- BER.—The Secretary shall appoint a prin- ‘‘(1) IN GENERAL.—The Secretary shall allo- ticipation, including U.S. citizenship skills; cipal member and an alternate member to cate to the escrow account described in sub- ‘‘(5) opportunities for American Indians the TEPAG from among national organiza- section (a) amounts described in section and Alaska Natives to qualify for a sections comprised of Indian tribes, who shall 54F(d)(4) of the Internal Revenue Code of ondary school diploma, or its recognized be elected or appointed tribal officials (or 1986. equivalent; and designated employees of the officials with ‘‘(2) OTHER FUNDS.—The Secretary shall ac- ‘‘(6) demonstration and research projects authority to act on behalf of the officials). cept and disburse to the escrow account de- and professional development activities de- ‘‘(D) FEDERAL MEMBERS.—The Secretary, scribed in subsection (a) amounts received to signed to develop and identify the most suc- the Assistant Secretary for Indian Affairs, carry out this section from other sources, in- cessful methods and techniques for address- and the Director of the Bureau of Indian cluding other Federal agencies, non-Federal ing the educational needs of American In- Education shall be ex-officio members of the public agencies, and private sources.’’. dian adults. TEPAG. SEC. 206. EQUITY IN EDUCATIONAL LAND-GRANT ‘‘(d) GRANTS AND CONTRACTS.—Funding ‘‘(4) ADMINISTRATION.— STATUS ACT OF 1994. shall be awarded under this section to Tribal ‘‘(A) MEETINGS.—The TEPAG shall meet in Section 532 of the Equity in Educational Colleges or Universities on a competitive person not less than 3 times per fiscal year Land-Grant Status Act of 1994 (7 U.S.C. 301 basis through grants, contracts, or coopera- and may hold additional meetings by tele- note) is amended by— tive agreements of not less than 3 years in phone conference call. (1) redesignating paragraphs (15) through duration. ‘‘(B) PROTOCOLS.—The Secretary and the (34) as paragraphs (16) through (35), respec- ‘‘(e) CONSIDERATION AND INCLUSION.—In TEPAG shall jointly develop protocols for making awards under this section, the Sec- the operation and administration of TEPAG. tively; and (2) by inserting after paragraph (14) the fol- retary may take into account the consider- ‘‘(C) NONAPPLICABILITY OF FACA.—The Fed- lowing: ations set forth in section 231(e). In no case eral Advisory Committee Act (5 U.S.C. App.) shall the Secretary make an award to a Trib- shall not apply to the TEPAG. ‘‘(15) Keweenaw Bay Ojibwa Community College.’’. al College or University that does not in- ‘‘(D) SUPPORT.— clude in its application a description of a ‘‘(i) IN GENERAL.—The Secretary shall be SEC. 207. WORKFORCE INVESTMENT ACT OF 1998. multiyear strategy, including performance responsible for all costs associated with car- Title II of the Workforce Investment Act of measures, for increasing the number of adult rying out the functions of the TEPAG, in- 1998 (20 U.S.C. 9201 et seq.) is amended— American Indian or Alaska Natives that at- cluding reimbursement for the travel, lodg- (1) in section 203— tain a secondary diploma or recognized ing, and per diem expenses of each principal (A) in paragraph (5)(D), by inserting ‘‘, in- equivalent.’’. or alternate TEPAG member selected under cluding a Tribal College or University’’ after SEC. 208. TECHNICAL AMENDMENTS TO TRIB- subparagraphs (B) and (C) of paragraph 3. ‘‘education’’; ALLY CONTROLLED SCHOOLS ACT ‘‘(ii) ADDITIONAL REQUEST.— (B) in paragraph (15), by amending sub- OF 1988. ‘‘(I) IN GENERAL.—To facilitate the work of paragraph (B) to read as follows: (a) GRANTS AUTHORIZED.—Section 5203(b)(3) the TEPAG, the Secretary may request addi- ‘‘(B) a Tribal College or University; or’’; of the Tribally Controlled Schools Act of 1988 tional funding in the annual budget submis- (C) by redesignating paragraph (18) as para- (25 U.S.C. 2502(b)(3)) is amended— sion of the Secretary to support technical graph (19); and (1) by striking ‘‘as defined in section and substantive assistance to the TEPAG. (D) by inserting after paragraph (17) the 1128(h)(1)’’ and inserting ‘‘as defined in sec- ‘‘(II) RECOMMENDATIONS.—If the Secretary following: tion 1128(a)(1)’’; and requests additional funding under subclause ‘‘(18) TRIBAL COLLEGE OR UNIVERSITY.—The (2) by striking ‘‘under section 1128 of such’’ (I), the Secretary shall take into consider- term ‘Tribal College or University’ has the and inserting ‘‘under section 1128(c) of that’’. ation the amount of funding requested by meaning given the term in section 316(b) of (b) AMENDMENTS TO GRANTS.—Section 5203 the TEPAG for technical and substantive as- the Higher Education Act of 1965.’’; of the Tribally Controlled Schools Act of 1988 sistance when making the additional funding (2) in section 211(a)— (25 U.S.C. 2502) is amended by adding at the request. (A) in paragraph (2), by striking ‘‘; and’’ end the following: ‘‘(5) AUTHORIZATION OF APPROPRIATIONS.— and inserting a semicolon; ‘‘(h) AMENDMENTS TO GRANTS.— There are authorized to be appropriated such (B) in paragraph (3), by striking the period ‘‘(1) IN GENERAL.—At the request of the sums as are necessary to carry out this sub- and inserting ‘‘; and’’; and school board of a tribally controlled school, section.’’. (C) by adding at the end the following: the Secretary shall approve a request to

VerDate Mar 15 2010 01:56 Jun 24, 2011 Jkt 099060 PO 00000 Frm 00057 Fmt 0624 Sfmt 0634 E:\CR\FM\A23JN6.044 S23JNPT1 tjames on DSKG8SOYB1PROD with SENATE S4094 CONGRESSIONAL RECORD — SENATE June 23, 2011 amend a grant issued to that school board sure the survival and continuing vitality of (IV) work toward a goal of increasing pro- under this part unless the Secretary, not Native American languages. ficiency and fluency in at least 1 Native later than 90 days after the date of receipt of (c) USE OF AMOUNTS.— American language; and the request, provides written notification to (1) IN GENERAL.—An eligible entity may use (V) provide instruction in at least 1 Native the school board that contains a specific amounts received under this section to carry American language. finding that clearly demonstrates, or is sup- out activities that ensure the survival and (2) NATIVE AMERICAN LANGUAGE RESTORA- ported by a controlling legal authority, continuing vitality of Native American lan- TION PROGRAMS.—An eligible entity carrying that— guages, including— out a program described in paragraph ‘‘(A) the services to be rendered to the eli- (A) the establishment and support of com- (1)(G)(iii) may use amounts made available gible Indian students under the proposed munity Native American language projects under this section to carry out— amendment to the grant do not meet the redesigned to bring older and younger Native (A) Native American language programs, quirements of this part; Americans together to facilitate and encour- including— ‘‘(B) adequate protection of trust resources age the transfer of Native American lan- (i) Native American language immersion is not assured; guage skills from one generation to another; programs; ‘‘(C) the grant or the proposed amendment (B) the establishment of projects that train (ii) Native American language and culture camps; to the grant cannot be properly completed or Native Americans to— (iii) Native American language programs maintained; (i) teach a Native American language to provided in coordination and cooperation ‘‘(D) the amount of funds proposed under others; or with educational entities; the amendment is in excess of the applicable (ii) serve as interpreters or translators of a (iv) Native American language programs funding level for the grant, as determined Native American language; provided in coordination and cooperation under section 5204; or (C) the development, printing, and dissemi- with local institutions of higher education; ‘‘(E) the program, function, service, or ac- nation of materials to be used for the teach- (v) Native American language programs tivity (or portion of the program, function, ing and enhancement of a Native American that use a master-apprentice model of learn- service, or activity) that is the subject of the language; proposed amendment is beyond the scope of ing languages; and (D) the establishment or support of a (vi) Native American language programs programs, functions, services, or activities project to train Native Americans to produce covered under this part because the proposed provided through a regional program to bet- or participate in television or radio pro- ter serve geographically dispersed students; amendment includes activities that cannot grams to be broadcast in a Native American lawfully be carried out by the grantee. (B) Native American language teacher language; training programs, including— ‘‘(2) APPEALS.—The Secretary shall provide (E) the compilation, transcription, and the school board of a tribally controlled (i) training programs in Native American analysis of oral testimony to record and pre- language translation for fluent speakers; school with a hearing on the record in the serve a Native American language; same manner as provided under section 102 of (ii) training programs for Native American (F) the purchase of equipment, including language teachers; the Indian Self-Determination and Edu- audio and video recording equipment, com- cation Assistance Act (25 U.S.C. 450f).’’. (iii) training programs for teachers in the puters, and software, required to carry out a use of Native American language materials, (c) COMPOSITION OF GRANTS.—Section Native American language project; and tools, and interactive media to teach Native 5204(b) of the Tribally Controlled Schools (G)(i) the establishment of Native Amer- Act of 1988 (25 U.S.C. 2503(b)) is amended— American language; and ican language nests, which are site-based (C) the development of Native American (1) in paragraph (4)(B)(iv), by striking ‘‘sec- educational programs that— tion 5209(e)’’ and inserting ‘‘section 5208(e)’’; language materials, including books, audio (I) provide instruction and child care and visual tools, and interactive media pro- and through the use of a Native American lan- grams. (2) in paragraph (5)(B), by striking ‘‘section guage for at least 10 children under the age (d) APPLICATIONS.— 5209(e)’’ and inserting ‘‘section 5208(e)’’. of 7 for an average of at least 500 hours per (1) IN GENERAL.—Subject to paragraph (2), (d) DURATION OF ELIGIBILITY DETERMINA- year per student; in awarding a grant under this section, the TION.—Section 5206(c) of the Tribally Con- (II) provide classes in a Native American Secretary shall select applicants from trolled Schools Act of 1988 (25 U.S.C. 2505(c)) language for parents (or legal guardians) of among eligible entities on the basis of appli- is amended— students enrolled in a Native American lan- cations submitted to the Secretary at such (1) in paragraph (2), by striking ‘‘section guage nest (including Native American lan- time, in such form, and containing such in- 5206(b)(1)(A)’’ and inserting ‘‘section guage-speaking parents); and formation as the Secretary requires. 5205(b)(1)(A)’’; and (III) ensure that a Native American lan- (2) REQUIREMENTS.—An application under (2) in paragraph (4)(A), by striking ‘‘section guage is the dominant medium of instruction paragraph (1) shall include, at a minimum— 5206(f)(1)(C)’’ and inserting ‘‘section in the Native American language nest; (A) a detailed description of the current 5205(f)(1)(C)’’. (ii) the establishment of Native American status of the Native American language to TITLE III—ADDITIONAL EDUCATION language survival schools, which are site- be addressed by the project for which a grant PROVISIONS based educational programs for school-age is requested, including a description of exist- SEC. 301. NATIVE AMERICAN STUDENT SUPPORT. students that— ing programs and projects, if any, in support (a) SUPPORT.—The Secretary of Education (I) provide an average of at least 500 hours of that language; shall expand programs for Native American of instruction through the use of 1 or more (B) a detailed description of the project for school children— Native American languages for at least 15 which the grant is requested; (1) to provide support for learning in their students for whom a Native American lan- (C) a statement that the objectives of the Native language and culture; and guage survival school is the principal place project are in accordance with the purposes (2) to provide English language instruc- of instruction; of this section; tion. (II) develop instructional courses and ma- (D) a detailed description of the plan of the (b) RESEARCH.—The Secretary of Education terials for learning Native American lan- applicant to evaluate the project; shall conduct research on culture- and languages and for instruction through the use of (E) if appropriate, an identification of op- guage-based education to identify the factors Native American languages; portunities for the replication or modifica- that improve education and health out- (III) provide for teacher training; tion of the project for use by other Native comes. (IV) work toward a goal of all students Americans; SEC. 302. ENSURING THE SURVIVAL AND CON- achieving— (F) a plan for the preservation of the prod- TINUING VITALITY OF NATIVE (aa) fluency in a Native American lan- ucts of the Native American language AMERICAN LANGUAGES. guage; and project for the benefit of future generations (a) DEFINITIONS.—In this section: (bb) academic proficiency in mathematics, of Native Americans and other interested (1) DIRECTOR.—The term ‘‘Director’’ means reading (or language arts), and science; and persons; and the Director of the Bureau of Indian Edu- (V) are located in areas that have high (G) in the case of an application for a grant cation. numbers or percentages of Native American to carry out any purpose specified in sub- (2) ELIGIBLE ENTITY.—The term ‘‘eligible students; and section (c)(1)(G)(iii), a certification by the entity’’ means any agency or organization (iii) the establishment of Native American applicant that the applicant has not less that is eligible for financial assistance under language restoration programs, which are than 3 years of experience in operating and section 803(a) of the Native American Pro- educational programs that— administering a Native American language grams Act of 1974 (42 U.S.C. 2991b(a)). (I) operate at least 1 Native American lan- survival school, a Native American language (3) SECRETARY.—The term ‘‘Secretary’’ guage program for the community which the nest, or any other educational program in means the Secretary of the Interior, acting educational program serves; which instruction is conducted in a Native through the Director. (II) provide training programs for teachers American language. (b) ESTABLISHMENT OF GRANT PROGRAM.— of Native American languages; (3) PARTICIPATING ORGANIZATIONS.—If an The Secretary shall establish a program to (III) develop instructional materials for applicant determines that the objectives of a provide eligible entities with grants for the the Native American language restoration proposed Native American language project purpose of assisting Native Americans to en- programs; would be accomplished more effectively

VerDate Mar 15 2010 01:56 Jun 24, 2011 Jkt 099060 PO 00000 Frm 00058 Fmt 0624 Sfmt 0634 E:\CR\FM\A23JN6.045 S23JNPT1 tjames on DSKG8SOYB1PROD with SENATE June 23, 2011 CONGRESSIONAL RECORD — SENATE S4095 through a partnership with an educational (iii) providing to the Secretary a list of of Indian Education, and engineering and fis- entity, the applicant shall identify the edu- recommendations for the approval of appli- cal advisors. cational entity as a participating organiza- cations in accordance with— (b) SUBMISSION OF FINALISTS TO THE INDIAN tion in the application. (I) regulations issued by the Secretary; and AFFAIRS COMMITTEE.—The Secretary of the (e) LIMITATIONS ON FUNDING.— (II) the relative need for the project; and Interior shall submit the finalists to the (1) FEDERAL SHARE.—The Federal share of (iv) reviewing evaluations submitted to Committee on Indian Affairs of the Senate. the total cost of a program under this sec- comply with subsection (d)(2)(C). (c) WINNERS.—The Secretary of the Inte- tion shall not exceed 80 percent. (3) PRODUCTS GENERATED BY PROJECTS.— rior shall— (2) NON-FEDERAL SHARE.— (A) IN GENERAL.—Subject to subparagraph (1) determine the winners of the program (A) IN GENERAL.—The non-Federal share of (B), for preservation and use in accordance contest conducted under this section; and the cost of a program under this section may with the responsibilities of the respective or- (2) award the winners appropriate recogni- be provided in cash or fairly evaluated in- ganization under Federal law, a copy of any tion and reward. kind contributions, including facilities, product of a Native American language SEC. 304. RETROCESSION OR REASSUMPTION OF equipment, or services. project for which a grant is made under this CERTAIN SCHOOL FUNDS. (B) SOURCE OF NON-FEDERAL SHARE.—The section— Notwithstanding any other provision of non-Federal share— (i) shall be transmitted to the Institute of law, beginning July 1, 2008, any funds (in- (i) may be provided from any private or American Indian and Alaska Native Culture cluding investments and interest earned, except for construction funds) held by a Public non-Federal source; and and Arts Development; and Law 100–297 grant or a Public Law 93–638 con- (ii) may include amounts (including inter- (ii) may be transmitted, at the discretion tract school shall, upon retrocession to or re- est) distributed to an Indian tribe— of the grantee, to national and regional reassumption by the Bureau of Indian Edu- (I) by the Federal Government pursuant to positories of similar material. cation, remain available to the Bureau for a the satisfaction of a claim made under Fed- (B) EXEMPTION.— eral law; period of 5 years from the date of retroces- (i) IN GENERAL.—In accordance with the sion or reassumption for the benefit of the (II) from amounts collected and adminis- Federal recognition of the sovereign author- tered by the Federal Government on behalf programs approved for the school on October ity of each Indian tribe over all aspects of 1, 1995. of an Indian tribe or the members of an In- the culture and language of that Indian tribe SEC. 305. DEPARTMENT OF THE INTERIOR AND dian tribe; or and subject to clause (ii), an Indian tribe (III) by the Federal Government for gen- DEPARTMENT OF EDUCATION JOINT may make a determination— OVERSIGHT BOARD. eral tribal administration or tribal develop- (I) not to transmit a copy of a product ment under a formula or subject to a tribal (a) IN GENERAL.—The Secretary of Edu- under subparagraph (A); budgeting priority system, including— cation and the Secretary of the Interior shall (II) not to permit the redistribution of a (aa) amounts involved in the settlement of jointly establish a Department of the Inte- copy of a product transmitted under sub- land or other judgment claims; rior and Department of Education Joint paragraph (A); or (bb) severance or other royalty payments; Oversight Board, that shall— (III) to restrict in any manner the use or or (1) be co-chaired by both Departments; and redistribution of a copy of a product trans- (cc) payments under the Indian Self-Deter- (2) coordinate technical assistance, re- mitted under subparagraph (A). mination Act (25 U.S.C. 450f et seq.) or a trib- source distribution, and capacity building (ii) RESTRICTIONS.—Clause (i) does not au- al budget priority system. between the 2 departments on the education thorize an Indian tribe— (3) DURATION.— of and for Native American students. (I) to limit the access of the Secretary to (b) INFORMATION TO BE SHARED.—The Joint (A) IN GENERAL.—Subject to subparagraph (B), the Secretary may make grants made a product described in subparagraph (A) for Oversight Board shall facilitate the commu- under this section on a 1-year, 2-year, or 3- purposes of administering this section or nication, collaboration, and coordination be- year basis. evaluating the product; or tween the 2 departments of education poli- (II) to sell a product described in subpara- cies, access to and eligibility for Federal re- (B) NATIVE AMERICAN LANGUAGE RESTORA- sources, and budget and school leadership de- TION PROGRAM.—The Secretary shall only graph (A), or a copy of that product, for prof- make a grant available under subsection it to the entities referred to in subparagraph velopment, and other issues, as appropriate. (c)(1)(G)(iii) on a 3-year basis. (A). SEC. 306. FEASIBILITY STUDY TO TRANSFER BU- REAU OF INDIAN EDUCATION TO DE- (f) ADMINISTRATION.— (g) AUTHORIZATION OF APPROPRIATIONS.— PARTMENT OF EDUCATION. (1) IN GENERAL.—The Secretary shall carry There are authorized to be appropriated to (a) IN GENERAL.—Not later than 1 year out this section through the Bureau of In- carry out this section such sums as are nec- after the date of enactment of this section, dian Education. essary for each of fiscal years 2013 through the Government Accountability Office shall XPERT PANEL.— 2018. (2) E carry out a study that examines the feasi- (h) REPEAL; CONFORMING AMENDMENTS.— (A) IN GENERAL.—Not later than 180 days bility of transferring the Bureau of Indian (1) REPEAL.—Section 803C of the Native after date of enactment of this section, the Education from the Department of the Inte- Secretary shall appoint a panel of experts for American Programs Act of 1974 (42 U.S.C. 2991b-3) is repealed. rior to the Department of Education. the purpose of assisting the Secretary to re- (b) CONTENTS.—The study shall include an (2) CONFORMING AMENDMENTS.—Section 816 view— assessment of the impacts of a transfer de- of the Native American Programs Act of 1974 (i) applications submitted under subsection scribed in subsection (a) on— (42 U.S.C. 2992d) is amended— (d); (1) affected students; (A) in subsection (a), by striking ‘‘sections (ii) evaluations carried out to comply with (2) affected faculty, staff, and other em- 803(d), 803A, 803C, 804, subsection (e) of this subsection (d)(2)(C); and ployees; section’’ and inserting ‘‘sections 803(d), 803A, (iii) the preservation of products required (3) the organizational and operating struc- and 804, subsection (d)’’; by subsection (d)(2)(F). ture of the Bureau of Indian Education; (B) in subsection (b), by striking ‘‘other (B) COMPOSITION.— (4) applicable Federal laws, including laws than sections 803(d), 803A, 803C, 804, sub- (i) IN GENERAL.—The panel shall include— relating to Indian preference; and section (e) of this section’’ and inserting (I) a designee of the Institute of American (5) intergovernmental agreements. ‘‘sections 803(d), 803A, and 804, subsection Indian and Alaska Native Culture and Arts SEC. 307. TRIBAL SELF GOVERNANCE FEASI- Development; (d)’’; and BILITY STUDY. (C) by striking subsection (e). (II) representatives of national, tribal, and (a) STUDY.—The Secretary of Education regional organizations that focus on Native SEC. 303. IN-SCHOOL FACILITY INNOVATION PRO- shall conduct a study to determine the feasi- American language or Native American cul- GRAM CONTEST. bility of entering into self governance com- tural research, development, or training; and (a) IN GENERAL.—The Secretary of the In- pacts and contracts with Indian tribal gov- (III) other individuals who are recognized terior shall— ernments who wish to operate public schools as experts in the area of Native American (1) establish an in-school facility innova- that reside within their lands. language. tion program contest in which institutions (b) CONSIDERATIONS.—In conducting the (ii) RECOMMENDATIONS.—Recommendations of higher education, including a Tribal Col- study described in subsection (a), the Sec- for appointments to the panel shall be solic- lege or University (as defined in section 316 retary of Education shall consider the feasi- ited from Indian tribes and tribal organiza- of the Higher Education Act of 1965 (20 U.S.C. bility of— tions. 1059c)), are encouraged to consider solving (1) assigning and paying to an Indian tribe (C) DUTIES.—The duties of the panel shall the problem of how to improve school facili- all expenditures for the provision of services include— ties for tribal schools and schools served by and related administration funds that the (i) making recommendations regarding the the Bureau of Indian Education for problem- Secretary would otherwise pay to a State development and implementation of regula- based learning in their coursework and educational agency and a local educational tions, policies, procedures, and rules of gen- through extracurricular opportunities; and agency for 1 or more public schools located eral applicability with respect to the admin- (2) establish an advisory group for the con- on the Indian lands of such Indian tribe; istration of this section; test described in paragraph (1) that shall in- (2) providing assistance to Indian tribes in (ii) reviewing applications received under clude students enrolled at a Tribal College or developing capacity to administer all pro- subsection (d); University, a representative from the Bureau grams and services that are currently under

VerDate Mar 15 2010 01:56 Jun 24, 2011 Jkt 099060 PO 00000 Frm 00059 Fmt 0624 Sfmt 0634 E:\CR\FM\A23JN6.045 S23JNPT1 tjames on DSKG8SOYB1PROD with SENATE S4096 CONGRESSIONAL RECORD — SENATE June 23, 2011 the jurisdiction of the State educational (b) IN GENERAL.—There shall be established By Mr. KOHL (for himself and agency or local educational agency; and a Center for Indigenous Excellence to— Mr. MANCHIN): (3) authorizing the Secretary to treat an (1) support Native American governments, S. 1263. A bill to encourage, enhance, Indian tribe as a State for the purposes of communities, schools, and programs in the carrying out programs and services funded development and demonstration of Native and integrate Silver Alert plans by the Secretary that are currently under American language and culture-based edu- throughout the United States and for the jurisdiction of the State. cation from the preschool to graduate edu- other purposes; to the Committee on (c) REPORT.—Not later than 2 years after cation levels as appropriate for their distinc- the Judiciary. the date of the enactment of this Act, the tive populations, circumstances, visions, and Mr. KOHL. Mr. President, I rise Secretary of Education shall submit, to the holistic approaches for the benefit of the en- Committee on Indian Affairs and the Com- today with Senator MANCHIN to intro- tire community; duce the Silver Alert Act of 2011. This mittee on Health, Education, Labor and Pen- (2) provide direction to Federal, State, and sions of the Senate and the Education and local government entities relative to Native legislation increases the chances of the Workforce Committee of the House of American language and culture-based edu- quickly locating missing senior citi- Representatives, a report that includes— cation; zens by establishing a national commu- (1) the results of the study conducted (3) demonstrate nationally and inter- nications network to help regional and under subsection (a); nationally recognized educational best prac- local search efforts. (2) a summary of any consultation that oc- tices through integrated programming in Na- curred between the Secretary and Indian Every year, thousands of adults go tive American language and culture-based missing from their homes or care fa- tribes in conducting this study; education from the preschool to graduate (3) projected costs and savings associated cilities due to diminished mental ca- education levels that benefits the entire spe- with the Department of Education entering cific indigenous group regardless of its geo- pacity, dementia, Alzheimer’s disease, into self governance contracts and compacts graphic dispersal, including— or other circumstances. As the popu- with Indian tribes, and any estimated impact (A) teacher certification; lation of the United States ages, that on programs and services described in para- (B) curriculum and materials development; number is likely to increase. Over five graphs (2) and (3) of subsection (a) in relation (C) distance education support; to probable costs and savings; and million Americans currently suffer (D) research; and (4) legislative actions that would be re- from Alzheimer’s disease, and it is esti- (E) holistic approaches; quired to authorize the Secretary to enter mated that 60 percent of these men and (4) serve as an alternative pathway of into self governance compacts and contracts women are likely to wander away from with Indian tribes to provide such programs choice for meeting federally mandated academic assessments, teacher qualifications, their homes. Disorientation and confu- and services. sion may keep many from finding their (d) DEFINITIONS.—In this section: and curriculum design for Native American way back home. The safe return of (1) INDIAN TRIBE.—The term ‘‘Indian Tribe’’ language nests and Native American lan- means any Indian tribe, band, nation, other guage survival schools; and missing persons often depends upon organized group or community, including (5) serve as a coordinating entity and de- them being found quickly. If not found any Native village or Regional Corporation pository for federally funded research into within 24 hours, roughly half risk seri- or Village Corporation as defined in or estab- Native American language and culture-based ous illness, injury, or death. Only four lished pursuant to the Alaska Native Claims education including STEM applications that percent of those Alzheimer’s sufferers Settlement Act, that is recognized as eligi- will address workforce needs of Native Amer- ican communities. who leave home are able to get back ble for the special programs and services pro- without some assistance. vided by the United States to Indians be- (c) ELIGIBLE ENTITIES.—For the purpose of cause of their status as Indians. determining the site of the Center for Indige- Our bill would create a national pro- (2) INDIAN LANDS.—The term ‘‘Indian nous Excellence, the Secretary shall con- gram to coordinate existing state- lands’’ has the meaning given that term in sider the following to be an eligible entity: based Silver Alert plans so that miss- section 8013 of the Elementary and Sec- (1) A tribally sanctioned educational au- ing seniors can be returned safely to ondary Education Act of 1965 (20 U.S.C. 7713). thority. their homes and families. Not only will SEC. 308. ESTABLISHMENT OF CENTER FOR IN- (2) A Native American language college. a federal network increase the success DIGENOUS EXCELLENCE. (3) A Native Hawaiian or Native American of efforts to find missing seniors, but it (a) DEFINITIONS.—In this section: Pacific Islander native language educational (1) INSTITUTION OF HIGHER EDUCATION.—The also eliminates duplicative search ef- organization. forts, saving the public time and term ‘‘institution of higher education’’ shall (4) An institution of higher education with have the meaning given such term in section a commitment to serve Native American money. The Silver Alert Act creates 101 of the Higher Education Act of 1965 (20 communities. this needed Federal network. U.S.C. 1001). (5) A local educational agency with a com- The Amber Alert system, which the (2) NATIVE AMERICAN AND NATIVE AMERICAN mitment to serve Native American commu- Silver Alert Act is modeled after, has a LANGUAGE.—The terms ‘‘Native American’’ nities. track record of success. The Amber and ‘‘Native American language’’ shall have the meanings given such terms in section 103 (d) CRITERIA FOR SELECTION.—The Sec- Alert Act created a similar Federal of the Native American Languages Act (25 retary shall determine the site of the Center program that filters information and U.S.C. 2902). for Indigenous Excellence based on— transmits relevant details to the ap- (1) a record of excellence, on a national and (3) NATIVE AMERICAN LANGUAGE NESTS AND propriate authorities as quickly as pos- international level, with regard to Native SURVIVAL SCHOOLS.—The terms ‘‘Native sible. Just as with missing and ab- American language and culture-based edu- American language nest’’ and ‘‘Native Amer- ducted children, timely notification ican language survival school’’ shall have cation; (2) a high representation of Native Ameri- and dissemination of appropriate infor- the meanings given such terms in section mation about missing seniors greatly 803C(b)(7) of the Native American Programs cans among its personnel; Act of 1974 (42 U.S.C. 2991b-3). (3) a high representation of speakers of 1 or improves the chances that they will be more Native American languages among its (4) NATIVE HAWAIIAN OR NATIVE AMERICAN found before they are seriously personnel; and PACIFIC ISLANDER NATIVE LANGUAGE EDU- harmed. Silver Alert plans use the (4) a location in a community with a high CATIONAL ORGANIZATION.—The term ‘‘Native same infrastructure as Amber Alert Hawaiian or Native American Pacific Is- representation of Native Americans. plans, so this Act enables us to protect lander native language educational organiza- (e) ESTABLISHMENT OF PARTNERSHIPS AND another vulnerable group in our popu- tion’’ shall have the meaning given such CONSORTIA.— lation, at very little additional cost. term in section 3301 of the Elementary and (1) IN GENERAL.—Once established, the Cen- Over half of States have responded to Secondary Education Act of 1965 (20 U.S.C. ter for Indigenous Excellence may develop 7011). partnerships or consortia with other entities the problem of missing seniors by es- (5) SECRETARY.—The term ‘‘Secretary’’ throughout the United States with expertise tablishing Silver Alert plans. These means the Secretary of Education. appropriate to the mission of the Center and plans have created public notification (6) STEM.—The term ‘‘STEM’’ means a include such entities in its work. systems triggered by the report of a science, technology, engineering, and mathe- (2) ASSISTANCE TO PARTNERS.—The Center missing senior. Postings on highways, matics program. shall provide assistance to partners, to the radio, television, and other forms of (7) TRIBALLY SANCTIONED EDUCATIONAL AU- extent practicable, in curriculum develop- media broadcast information about the THORITY.—The term ‘‘tribally sanctioned ment, technology development, teacher and missing senior to locate him or her, educational authority’’ shall have the mean- staff training, research, and sustaining Na- ing given such term in section 3301 of the El- tive American language nests, Native Amer- and return the senior safely home. ementary and Secondary Education Act of ican survival schools, and Native American I urge my colleagues to support this 1965 (20 U.S.C. 7011). language schools. important legislation.

VerDate Mar 15 2010 01:56 Jun 24, 2011 Jkt 099060 PO 00000 Frm 00060 Fmt 0624 Sfmt 0634 E:\CR\FM\A23JN6.045 S23JNPT1 tjames on DSKG8SOYB1PROD with SENATE June 23, 2011 CONGRESSIONAL RECORD — SENATE S4097 By Mrs. FEINSTEIN (for herself, ployees assist veterans with election- (1) IN GENERAL.—The Secretary shall ac- Mr. KERRY, Mr. REID, Mr. related forms if necessary, in the same cept completed voter registration applica- LEAHY, and Mr. DURBIN): way that these employees assist vet- tion forms for transmittal to the appropriate S. 1264. A bill to require the Sec- erans with other forms. State election official. (2) TRANSMITTAL DEADLINE.— retary of Veterans Affairs to permit fa- It would allow nonpartisan voter (A) IN GENERAL.—Subject to subparagraph cilities of the Department of Veterans groups and election officials to provide (B), a completed voter registration applica- Affairs to be designated as voter reg- voter information and registration tion form accepted at a medical center, com- istration agencies, and for other pur- services to veterans in a time, place, munity living center, community-based out- poses; to the Committee on Veterans’ and manner that makes sense for the patient center, or domiciliary of the Depart- Affairs. facilities. ment shall be transmitted to the appropriate Mrs. FEINSTEIN. Mr. President, I It would give the Attorney General State election official not later than 10 days rise to introduce, together with Sen- authority to enforce these provisions. after the date of acceptance. (B) EXCEPTION.—If a completed voter reg- ator KERRY, the Veteran Voting Sup- It is a cornerstone of our democracy istration application form is accepted within port Act of 2011. We are joined by Sen- that every eligible citizen is able to 5 days before the last day for registration to ators REID, LEAHY, and DURBIN. register and cast their vote. These vote in an election, the application shall be This bill would take important steps rights should never be denied, by fiat transmitted to the appropriate State elec- to improve veterans’ access to voter or as a matter of practicality, to those tion official not later than 5 days after the registration services. Our veterans who have given the very most for our date of acceptance. have served our Nation at great risk country. (d) REQUIREMENTS OF VOTER REGISTRATION and sacrifice. I believe we should do ev- I believe it is time that the VA pro- INFORMATION AND ASSISTANCE.—The Sec- erything in our power to ensure that retary shall ensure that the information and vides veterans with the support they assistance with voter registration that is they play a central role in our demo- need and deserve to register, cast their provided under subsection (b) will not— cratic process, that their votes are cast votes, and have those votes counted. (1) seek to influence an applicant’s polit- and their voices heard. I hope my colleagues will join me in ical preference or party registration; Almost 4 years ago, during the pre- supporting the Veteran Voting Support (2) display any such political preference or vious administration, I learned that a Act of 2011. party allegiance; Department of Veterans Affairs facility Mr. President, I ask unanimous con- (3) make any statement to an applicant or in California had been barring voter sent that the text of the bill be printed take any action the purpose or effect of registration groups from accessing vet- which is to discourage the applicant from in the RECORD. registering to vote; or erans in the facility. Similar reports There being no objection, the text of (4) make any statement to an applicant or emerged in Connecticut and other the bill was ordered to be printed in take any action the purpose or effect of parts of the country. the RECORD, as follows: which is to lead the applicant to believe that Since that time, Senator KERRY and S. 1264 a decision to register or not register has any I have been working, together with our bearing on the availability of services or Be it enacted by the Senate and House of Rep- benefits. cosponsors, to make sure that our Gov- resentatives of the United States of America in (e) LIMITATION ON USE OF INFORMATION.—No ernment works to provide veterans Congress assembled, information relating to registering to vote, with voter registration services, not to SECTION 1. SHORT TITLE. prevent them from receiving election- or a declination to register to vote, under This Act may be cited as the ‘‘Veteran this section may be used for any purpose related materials. Voting Support Act of 2011’’. other than voter registration. We have written letters and our SEC. 2. FINDINGS. (f) ENFORCEMENT.— staffs have held meetings with the VA Congress makes the following findings: (1) NOTICE.— to establish a fair, nonpartisan policy (1) Veterans have performed a great service (A) NOTICE TO THE FACILITY DIRECTOR OR to facilitate voter registration for vet- to, and risked the greatest sacrifice in the THE SECRETARY.—A person who is aggrieved erans who receive services from VA fa- name of, our country, and should be sup- by a violation of this section or section 4 cilities. ported by the people and the Government of may provide written notice of the violation We have made significant progress. the United States. to the Director of the facility of the Depart- After much negotiation, in 2008, the (2) Veterans are especially qualified to un- ment health care system involved or to the derstand issues of war, foreign policy, and Secretary. The Director or the Secretary VA established a new and substantially government support for veterans, and they shall respond to a written notice provided improved policy that allows state and should have the opportunity to voice that under the preceding sentence within 20 days local election officials, as well as non- understanding through voting. of receipt of such written notice. partisan groups, to access VA facilities (3) The Department of Veterans Affairs (B) NOTICE TO THE ATTORNEY GENERAL AND for voter registration under terms and should assist veterans to register to vote and THE ELECTION ASSISTANCE COMMISSION.—If the conditions set by the facility. This is to vote. violation is not corrected within 90 days an improvement, and we have not SEC. 3. VOTER REGISTRATION AND ASSISTANCE. after receipt of a notice under subparagraph heard serious complaints in recent (a) IN GENERAL.—The Secretary of Vet- (A), the aggrieved person may provide writ- erans Affairs shall provide a mail voter reg- ten notice of the violation to the Attorney years. General and the Election Assistance Com- However, legislation remains nec- istration application form to each veteran— (1) who seeks to enroll in the Department mission. essary. First, this voluntary policy of Veterans Affairs health care system (in- (2) ATTORNEY GENERAL.—The Attorney could be rescinded or rolled back in the cluding enrollment in a medical center, a General may bring a civil action in an appro- future; Federal law cannot. Second, community living center, a community- priate district court for such declaratory or more should be done to ensure not only based outpatient center, or a domiciliary of injunctive relief as is necessary to carry out that outside groups can register voters the Department of Veterans Affairs health this section or section 4. in a nonpartisan manner in VA facili- care system), at the time of such enrollment; SEC. 4. ASSISTANCE WITH ABSENTEE BALLOTS. ties but also that veterans who live in and (a) IN GENERAL.—Consistent with State and use these facilities have easy ac- (2) who is enrolled in such health care sys- and local laws, each director of a community tem— living center, a domiciliary, or a medical cess to voter registration and absentee (A) at any time when there is a change in center of the Department of Veterans Affairs ballot forms, even when no group or of- the enrollment status of the veteran; and health care system shall provide assistance ficial comes by. (B) at any time when there is a change in in voting by absentee ballot to veterans re- The Veteran Voting Support Act of the address of the veteran. siding in the community living center or 2011 would require the VA to provide (b) PROVIDING VOTER REGISTRATION INFOR- domiciliary or who are inpatients of the voter registration forms to veterans MATION AND ASSISTANCE.—The Secretary medical center, as the case may be. when they enroll in the VA health care shall provide to each veteran described in (b) ASSISTANCE PROVIDED.—The assistance system, or change their status or ad- subsection (a) the same degree of informa- provided under subsection (a) shall include— dress in that system. tion and assistance with voter registration (1) providing information relating to the as is provided by the Department with re- opportunity to request an absentee ballot; The bill would also ensure that vet- gard to the completion of its own forms, un- (2) making available absentee ballot appli- erans who live in VA facilities have ac- less the applicant refuses such assistance. cations upon request, as well as assisting in cess to absentee ballots when they (c) TRANSMITTAL OF VOTER REGISTRATION completing such applications and ballots; want to cast votes, and that VA em- APPLICATION FORMS.— and

VerDate Mar 15 2010 02:00 Jun 24, 2011 Jkt 099060 PO 00000 Frm 00061 Fmt 0624 Sfmt 0634 E:\CR\FM\A23JN6.039 S23JNPT1 tjames on DSKG8SOYB1PROD with SENATE S4098 CONGRESSIONAL RECORD — SENATE June 23, 2011 (3) working with local election administra- By Mr. LIEBERMAN (for himself, to Hurricane Katrina in 2005, and the tion officials to ensure proper transmission Ms. COLLINS, and Mr. AKAKA): government’s failure to share informa- of absentee ballot applications and absentee S. 1268. A bill to increase the effi- tion and coordinate action prior to the ballots. ciency and effectiveness of the Govern- attack at Fort Hood, Texas, in 2009, for SEC. 5. INFORMATION PROVIDED BY NON- PARTISAN ORGANIZATIONS. ment by providing for greater inter- examples of failure of interagency co- The Secretary of Veterans Affairs shall agency experience among national se- ordination and their costs in terms of permit nonpartisan organizations to provide curity and homeland security per- lives, money, and the national interest. voter registration information and assist- sonnel through the development of a The challenge of integrating the ance at facilities of the Department of Vet- national security and homeland secu- agencies of the Executive Branch into erans Affairs health care system, subject to rity human capital strategy and inter- a whole-of-government approach has reasonable time, place, and manner restric- agency rotational service by employ- been recognized by Congressionally tions, including limiting activities to regular business hours and requiring advance ees, and for other purposes; to the chartered commissions for more than a notice. Committee on Homeland Security and decade. Prior to 9/11, the Commission SEC. 6. ASSISTANCE PROVIDED BY ELECTION OF- Governmental Affairs. led by former Senators Gary Hart and FICIALS AT DEPARTMENT OF VET- Mr. LIEBERMAN. Mr. President, I Warren Rudman, entitled the U.S. ERANS AFFAIRS FACILITIES. rise today, with my colleagues Senator Commission on National Security in (a) DISTRIBUTION OF INFORMATION.— COLLINS and Senator AKAKA, to intro- the 21st Century, issued reports recom- (1) IN GENERAL.—Subject to reasonable duce legislation to improve the effi- time, place, and manner restrictions, the mending fundamental reorganization Secretary of Veterans Affairs shall not pro- ciency and effectiveness of our Govern- to integrate government capabilities, hibit any election administration official, ment by fostering greater integration including for homeland security. whether State or local, party-affiliated or among the personnel who work on crit- In 2004, the 9/11 Commission, led by non-party affiliated, or elected or appointed, ical national security and homeland se- former Governor Tom Kean and former from providing voting information to vet- curity missions. Representative Lee Hamilton, found erans at any facility of the Department of The national security and homeland that the U.S. Government needed re- Veterans Affairs. security challenges that our nation form in order to foster a stronger, fast- (2) VOTING INFORMATION.—In this sub- faces in the 21st century are far more er, and more efficient government-wide section, the term ‘‘voting information’’ complex than those of the last century. means nonpartisan information intended for effort against terrorism. the public about voting, including informa- Threats such as terrorism, prolifera- In 2008, the Commission on the Pre- tion about voter registration, voting sys- tion of nuclear and biological weapons, vention of Weapons of Mass Destruc- tems, absentee balloting, polling locations, insurgencies, and failed states are be- tion Proliferation and Terrorism, led and other important resources for voters. yond the capability of any single agen- by former Senators Bob Graham and (b) VOTER REGISTRATION SERVICES.—The cy of our Government, such as the De- Jim Talent, called for improving inter- Secretary shall provide reasonable access to partment of Defense, DOD, the Depart- agency coordination in our Nation’s de- facilities of the Department health care sys- ment of State, or the intelligence com- tem to State and local election officials for fenses against bioterrorism and other the purpose of providing nonpartisan voter munity, to counter on its own. weapons of mass destruction. registration services to individuals, subject In addition, threats such as terrorism Congress has long recognized that a to reasonable time, place, and manner re- and organized crime know no borders key way to better integrate our Gov- strictions, including limiting activities to and instead cross the so-called ‘‘for- ernment’s capabilities is to provide regular business hours and requiring advance eign/domestic divide,’’ the bureau- strong incentives for personnel to do notice. cratic, cultural, and legal division be- rotational assignments across bureau- SEC. 7. ANNUAL REPORT ON COMPLIANCE. tween agencies that focus on threats cratic stovepipes. The personnel who The Secretary of Veterans Affairs shall from beyond our borders and those that submit to Congress an annual report on how serve in our Government are our Na- the Secretary has complied with the require- focus on threats from within. tion’s best-and-brightest, and they ments of this Act. Such report shall include Finally, a new group of government have and will respond to incentives the following information with respect to agencies is now involved in national that we institute in order to improve the preceding year: and homeland security. These agencies coordination across our government. (1) The number of veterans who were bring to bear critical capabilities, such In 1986, Congress enacted the Gold- served by facilities of the Department of as interdicting terrorist finance, en- water-Nichols Department of Defense Veterans Affairs health care system. forcing sanctions, protecting our crit- Reorganization Act. That legislation (2) The number of such veterans who re- ical infrastructure, and helping foreign quested information on or assistance with sought to break down stovepipes and voter registration. countries threatened by terrorism to foster jointness across the military (3) The number of such veterans who rebuild their economies and legal sys- services by requiring that military of- ceived information on or assistance with tems, but many of them have rel- ficers have served in a position outside voter registration. atively little experience of involve- of their service as a requirement for (4) Information with respect to written no- ment with the traditional national se- promotion to general or admiral. tices submitted under section 3(f), including curity agencies. Some of these agencies Twenty-five years later, this require- information with respect to the resolution of have existed for decades or centuries, ment has produced a sea change in the violations alleged in such written no- such as the Departments of Treasury, military officers’ mindsets and created tices. Justice, and Health and Human Serv- a dominant military culture of SEC. 8. RULES OF CONSTRUCTION. (a) NO INDIVIDUAL BENEFIT.—Nothing in ices, HHS, while others are new since 9/ jointness. this Act may be construed to convey a ben- 11, such as the Department of Home- In 2004, Congress enacted the Intel- efit to an individual veteran. land Security, DHS, and the Office of ligence Reform and Terrorism Preven- (b) NO EFFECT ON OTHER LAWS.—Nothing in the Director of National Intelligence, tion Act at the 9/11 Commission’s rec- this Act may be construed to authorize or re- ODNI. ommendation and required a similar quire conduct prohibited under any of the As a result, our government needs to rotational requirement for intelligence following laws, or to supersede, restrict, or be able to apply all instruments of na- limit the application of such laws: personnel. The Director of National In- (1) The Voting Rights Act of 1965 (42 U.S.C. tional power, including military, diplo- telligence has since instituted rota- 1973 et seq.). matic, intelligence, law enforcement, tions across the Intelligence Commu- (2) The Voting Accessibility for the Elderly foreign aid, homeland security, and nity as an eligibility requirement for and Handicapped Act (42 U.S.C. 1973ee et public health, in a whole-of-govern- promotion to senior intelligence posi- seq.). ment approach to counter these tions, and this requirement is helping (3) The Uniformed and Overseas Citizens threats. We only need to look at our to integrate the 16 agencies and ele- Absentee Voting Act (42 U.S.C. 1973ff et seq.). government’s failure to use the full ments of the Intelligence Community. (4) The National Voter Registration Act of range of civilian and military capabili- Finally, in 2005, Congress enacted the 1993 (42 U.S.C. 1973gg et seq.). (5) The Americans with Disabilities Act of ties to stymie the Iraqi insurgency im- Post-Katrina Emergency Management 1990 (42 U.S.C. 12101 et seq.). mediately after the fall of Saddam Reform Act to improve our Nation’s (6) The Rehabilitation Act of 1973 (29 U.S.C. Hussein’s regime in 2003, the govern- preparedness for and responses to do- 701 et seq.). ment’s failure to prepare and respond mestic catastrophes and instituted a

VerDate Mar 15 2010 02:00 Jun 24, 2011 Jkt 099060 PO 00000 Frm 00062 Fmt 0624 Sfmt 0634 E:\CR\FM\A23JN6.041 S23JNPT1 tjames on DSKG8SOYB1PROD with SENATE June 23, 2011 CONGRESSIONAL RECORD — SENATE S4099 rotational program within the Depart- Government personnel could also ro- in an Interagency Community of Inter- ment of Homeland Security in order to tate to positions at offices that have est or the interagency personnel rota- integrate that department. specific interagency missions such as tions; instead, this legislation permits This proven mechanism of rotations the National Security Staff. Com- the Executive Branch to include any must be applied to integrate the gov- pleting an interagency rotation would agency or part of an agency as the Ex- ernment as a whole on national secu- be a prerequisite for selection to cer- ecutive Branch determines that our na- rity and homeland security issues. In- tain Senior Executive Service positions tion’s national and homeland security deed, the Hart/Rudman Commission within that Interagency Community of missions require. called for rotations to other agencies Interest. As a result, personnel would In addition, our legislation gives the and interagency professional education have the incentives to serve in a rota- Executive Branch 15 years in which to to be required in order for personnel to tional position and to develop the implement this legislation and con- hold certain positions or be promoted whole-of-government perspective and tains a substantial number of exemp- to certain levels. The Graham/Talent the network of contacts necessary for tions and waivers, especially during Commission called for the Government integrating across agencies and accom- but not limited to the phase-in period. to recruit the next generation of na- plishing national security and home- The legislation contains a number of tional security experts by establishing land security missions more efficiently provisions designed to protect the a program of joint duty, education, and and effectively. rights of our government personnel training in order to create a culture of Let me offer some examples of how under existing law. interagency collaboration, flexibility, this might work. Finally, this legislation is designed and innovation. An employee of the U.S. Agency for to be implemented without requiring The Executive Branch has also recog- International Development, USAID, any additional personnel for the Execu- nized the need to foster greater inter- who specializes in development strat- tive Branch. The legislation envisions agency rotations and experience in egy could rotate to the Office of the that rotations will be conducted so order to improve integration across its Secretary of Defense to advise DOD in that there is a reasonable equivalence agencies. In 2007, President George W. planning on how development issues between the number of personnel rotat- Bush issued Executive Order 13434 con- should be taken into account in mili- ing out of an agency and the number cerning national security professional tary operations, while DOD counter- rotating in. That way, no agency will development and to include inter- insurgency specialists could rotate to be short-staffed as a result of having agency assignments. However, that ex- USAID to advise on how development sent its best-and-brightest to do rota- ecutive order was not implemented ag- priorities should be assessed in a coun- tions; each agency will be receiving the gressively toward the end of the Bush terinsurgency. best-and-brightest from other agencies. administration and has languished as A Treasury employee who does ter- Let me close by answering a common the Obama administration pursued rorist finance work could benefit from objection to government reorganiza- other priorities. a rotation to Department of Justice to tion. To quote the 9/11 Commission, Clearly, it is time for Congress to act understand operations to take down ‘‘An argument against change is that and to institute the personnel incen- terrorist cells and how terrorist fi- the nation is at war, and cannot afford tives and reforms necessary to further nance work can help identify and pros- to reorganize in midstream. But some integrate our government and enable it ecute their members, while Justice to counter the national security and of the main innovations of the 1940s personnel would have the chance to homeland security threats of the 21st and 1950s, including the creation of the learn from the Treasury’s financial ex- Century. Joint Chiefs of Staff and even the con- pertise in understanding how sources of Today I join with Senator SUSAN M. struction of the Pentagon itself, were funding can affect cells’ formation and COLLINS and Senator DANIEL K. AKAKA undertaken in the midst of war. Surely to introduce the bipartisan Inter- plotting. the country cannot wait until the Someone from HHS who specializes agency Personnel Rotation Act of 2011. struggle against Islamic terrorism is in public health could rotate to a DOD Companion legislation is being intro- over.’’ counterinsurgency office to advise on duced in the House of Representatives I urge my colleagues to take bold ac- on a bipartisan basis by Representative improving public health in order to win tion to improve the efficiency and ef- over the hearts and minds of the popu- GEOFF DAVIS and Representative JOHN fectiveness of our Government in coun- lation prone to counterinsurgency, F. TIERNEY. tering 21st century national security The purpose of this legislation is to while someone from DHS could rotate and homeland security threats by enable Executive Branch personnel to to HHS in order to learn about HHS’s promptly passing the Interagency Per- view national security and homeland work to prepare the U.S. public health sonnel Rotation Act of 2011. security issues from a whole-of-govern- system for a biological terrorist at- ment perspective and be able to cap- tack. By Ms. SNOWE (for herself, Mrs. italize upon communities of interest The cosponsors of this legislation and MURRAY, and Mr. BINGAMAN): composed of personnel from multiple I recognize the complexity involved in S. 1269. A bill to amend the Elemen- agencies who work on the same na- the creation of Interagency Commu- tary and Secondary Education Act of tional security or homeland security nities of Interest, the institution of ro- 1965 to require the Secretary of Edu- issue. tations across a wide variety of govern- cation to collect information from co- This legislation requires that the Ex- ment agencies, and having a rotation educational secondary schools on such ecutive Branch identify ‘‘Interagency as a prerequisite for selection to cer- schools’ athletic programs, and for Communities of Interest,’’ which are tain Senior Executive Service posi- other purposes; to the Committee on subject areas spanning multiple agen- tions. As a result, our legislation gives Health, Education, Labor, and Pen- cies and within which the Executive the Executive Branch substantial flexi- sions. Branch needs to operate on a more in- bility, including to identify Inter- Ms. SNOWE. Mr President, I rise to tegrated basis. Interagency Commu- agency Communities of Interest, to introduce the High School Data Trans- nities of Interest could include coun- identify which positions in each agency parency Act in celebration of the 39th terinsurgency, counterterrorism, are within a particular Interagency Anniversary of Title IX. I am pleased counter proliferation, or regional areas Community of Interest; to identify to be joined again this year by my col- such as the Middle East. which positions in an Interagency league from Washington, Senator MUR- This legislation then requires that Community of Interest should be open RAY. Since the 108th Congress, we have agencies identify positions that are for rotation and how long the rotations introduced this bill to require that within each Interagency Community of will be; and finally, which Senior Exec- high schools, like their collegiate Interest. Government personnel would utive Service positions have inter- counterparts, disclose data on equity then rotate to positions within other agency rotational service as a pre- in sports, making it possible for stu- agencies but within the particular requisite. dent athletes and their parents to en- Interagency Community of Interest re- To be clear, this legislation does not sure fairness in their school’s athletic lated to their expertise. mandate that any agency be included programs.

VerDate Mar 15 2010 02:00 Jun 24, 2011 Jkt 099060 PO 00000 Frm 00063 Fmt 0624 Sfmt 0634 E:\CR\FM\A23JN6.064 S23JNPT1 tjames on DSKG8SOYB1PROD with SENATE S4100 CONGRESSIONAL RECORD — SENATE June 23, 2011 Since my first day in Washington in ey team has remarkably won Division deed, by unanimous consent. It is the 1979, I have been a stalwart supporter III national championships in 3 of the fourth jobs bill the minority has cho- of Title IX. And there should be no last 4 years, putting Bowdoin and sen to obstruct, and I hope my col- mistake what this 39 year-old land- Maine on the women’s field hockey leagues on the other side of the aisle mark civil rights law is all about, map. will reconsider their tactics. If not, we equal opportunity for both girls and So while we celebrate this remark- may have to reconsider ours and force boys to excel in athletics. Obviously, able progress, we cannot allow rest on some votes on job creation measures athletic participation supports phys- our laurels. That is why I am so without this litany of irrelevant ical health, but sports also impart ben- pleased to join with Senator PATTY amendments that have bogged down efits beyond the field of play. MURRAY, who has been a tireless advo- and obstructed the previous jobs bill For girls who compete in sports, 50 cate for women’s sports, to reintroduce we have tried to get action on. Out-of- percent are less likely to suffer depres- the High School Sports Data Collection work Americans are hurting right now, sion and breast cancer . . . 80 percent Act of 2011. and they want us to act to help create are less likely to have a drug problem Our bill directs the Commissioner of jobs. . . . and 92 percent are less likely to the National Center for Education Sta- I rise today to introduce a measure have an unwanted pregnancy. Athletic tistics to collect information regarding that will do just that. I have heard participation helps cultivate the kind participation in athletics broken down from dozens of Rhode Island business of positive, competitive spirit that de- by gender; teams; race and ethnicity; owners that business is picking up a velops dedication, self-confidence, a and overall expenditures, including bit, but they are still concerned the re- sense of team spirit, and ultimate suc- items like travel expenses, equipment covery may be temporary and that dis- cess later in life. So it is not surprising and uniforms. courages them from hiring additional that, according to several studies, These data are already reported, in workers. I spoke with one such small business owner on Monday. I visited more than eight out of ten successful most cases, to the state Departments Dona Vincent during a tour of her businesswomen played organized sports of Education and should not pose any Cranston, RI company, Tedco. Tedco while growing up. additional burden on the high schools. To cite one example, Irene Rosenfeld, makes and stamps metal components Further, to ensure public access to this Chairman and CEO, Kraft Foods was for the automotive, aerospace, and vital information, our legislation quoted as saying, ‘‘growing up, I was communications industry. It employed would require high schools to post the extremely athletic, and very competi- 13 people before the recession struck in data on the Department of Education’s tive. I played four varsity sports in 2008. Now it is down to eight employ- Web site and make this information high school and went to Cornell be- ees. Dona and Ted’s co-general man- available to students and the public cause they had a fabulous women’s ath- ager Barbara Galonio wishes to start upon request. letic program, and the academics hiring more workers, but they worry For nearly 40 years, Title IX has weren’t bad either.’’ that business could slow down again. Without question, Title IX has been opened doors by giving women and They told me they have been waiting the driving factor in allowing thou- girls an equal opportunity to partici- to hire, wanting to hire, and for sands of women and girls the oppor- pate in student athletic programs. This months saying to themselves: Well, tunity to benefit from intercollegiate bill will continue that tradition by al- what if this? What if that? They have and high school sports. Indeed, prior to lowing us to assess current opportuni- been on the border of hiring. Title IX, only 1 in 27 high school girls, ties for sports participation for young The legislation I have introduced fewer than 300,000, played sports. women, and correct any deficiencies. today, the Job Creation Tax Credit Act Today, the number is more than 2.9 With this new information, we can of 2011, would give Dona and thousands million . . . that is an increase of over ensure that young women all over the of other business owners nationwide 900 percent. Moreover, our country is country have the chance not only to greater security as they look forward celebrating the achievements and improve their athletic ability, but also to building their workforces. The bill being inspired by our female athletes to develop the qualities of teamwork, would provide refundable tax credits now more than ever. discipline, and self-confidence that lead for employers to hire new workers now. Last fall, the University of Cali- to success off the playing field. Soccer The way it would work is that for each fornia, Berkley celebrated the life of star, Mia Hamm, characterized it best qualified hire made in 2011, the busi- the late Jill Costello who served as an when ‘‘somewhere behind the athlete ness would receive a tax credit equal to inspiration not only to her fellow you’ve become and the hours of prac- 15 percent of the wages paid to the new teammates but to the thousands of tice and the coaches who have pushed employee. If the new employee remains girls who defy the odds every day. Jill you is a little girl who fell in love with employed or if the business were to participated on Cal’s Women’s Crew the game and never looked back . . . hire additional employees in 2012, the Team as their varsity coxswain despite play for her,’’ and I am introducing business would be eligible for a 10-per- being diagnosed with stage IV cancer this bill today for her as well. cent tax credit on those employees’ with only nine months to live. wages next year. Because these tax Throughout her treatment she not only By Mr. WHITEHOUSE: credits would be refundable, businesses supported her friends, family and team- S. 1271. A bill to amend the Internal would benefit from them even if they mates but was supported by them. De- Revenue Code of 1968 to provide a tem- are not currently profitable. spite battling for her life Jill led Cal to porary credit for hiring previously un- One of the problems with struggling achieve second place at the NCAA na- employed workers; to the Committee businesses that are not sure how much tional crew championship. Jill’s story on finance. profit they are going to make if they proves that the incredible mystical na- Mr. WHITEHOUSE. Mr. President, are right on the edge is giving them a ture of team and friendship does exist. with the unemployment rate hovering tax credit doesn’t help because they Earlier this year, the University of above 9 percent nationwide, and at al- have no tax against which to take the Connecticut’s Women’s Basketball most 11 percent in my home State of credit. A refundable tax credit comes Team furthered displayed women’s Rhode Island, job creation must con- to the business in spite of that. The progress in athletics. These women sur- tinue to be our No. 1 priority as law- higher credit in 2011 I expect would en- passed the University of California at makers. courage employers to hire new workers Los Angeles men’s basketball record of It disappoints me that Republicans as soon as possible, and the additional 88 consecutive wins achieving the long- chose politics over job creation yester- credit in 2012 would encourage retain- est winning streak of 90 games. The im- day when they filibustered legislation ing those employees and additional pact of this accomplishment has yet to that would have reauthorized the Eco- workforce expansion. To help those be fully realized but has surely raised nomic Development Administration, Americans who are struggling to find the profile of not only women’s basket- an agency dedicated to restoring eco- work, qualified hires would be defined ball but also woman’s athletics. nomically distressed regions to pros- as new employees who have been unem- Indeed, in my state of Maine, perity. In the past, this bill has been ployed for at least 60 days prior to get- Bowdoin’s women’s varsity field hock- reauthorized and supported broadly, in- ting hired.

VerDate Mar 15 2010 02:00 Jun 24, 2011 Jkt 099060 PO 00000 Frm 00064 Fmt 0624 Sfmt 0634 E:\CR\FM\A23JN6.051 S23JNPT1 tjames on DSKG8SOYB1PROD with SENATE June 23, 2011 CONGRESSIONAL RECORD — SENATE S4101 The Job Creation Tax Credit Act State. Southern New Mexico is home to person’s Social Security number is one would continue the job creations White Sands Missile Range, Holloman of the most valuable pieces of informa- sparked by the HIRE Act of 2010 which Air Force Base, and most of Fort. tion that a thief can steal. It can included somewhat different tax incen- Bliss. It is a region filled with active unlock a treasure trove of personal and tives for new hiring. Economist Mark duty personnel, as well as many vet- financial information. Zandi has estimated that the HIRE Act erans who choose to stay in New Mex- Last year, nearly 8.1 million Ameri- created 250,000 new jobs, a quarter of a ico and the El Paso region after fin- cans were victims of identity theft, million families with a paycheck com- ishing their active duty service. And as many after their Social Security num- ing in. The larger financial incentives more and more veterans return from bers were stolen. These crimes ac- in this new bill would continue to dent Afghanistan and Iraq suffering from counted for more than $37 billion in the unemployment numbers in Rhode PTSD and traumatic brain injury, fraudulent charges. Island and nationwide. many need the services of polytrauma Recognizing this risk of identity The previous HIRE Act, sponsored by centers—which specialize in treating theft, many government agencies and Senator SCHUMER and Senator HATCH, injuries like PTSD and TBI. private businesses have stopped dis- received wide bipartisan support, and I Unfortunately, the closest playing Social Security numbers on hope my colleagues on both sides of the polytrauma centers to southern New identification cards. Thirty-three aisle will support the Job Creation Tax Mexico are hundreds of miles away. states have enacted laws that limit Credit Act as well because right now That is why, after hearing the stories how public and private entities use and we cannot forget that too many unem- of veterans who attended our Fort Bay- display Social Security numbers. So- ployed Americans are hurting. Too ard meeting, I began working on legis- cial Security numbers are being re- many are out of work. Too many are lation to help improve the ability for moved from driver’s licenses, and most out of work through no fault of their them to access care in the region. private health insurance cards no own. Indeed, too many of them are still With this legislation we hope to ad- longer display them. out of work because of the cascade of dress that issue by requiring the Vet- Federal agencies have also taken misery that washed across this country erans Administration to submit to steps to reduce the threat of identity from the Wall Street meltdown. There Congress a study on the feasibility of theft. The Department of Veterans Af- may be a lot of blame to go around on building a polytrauma center in the re- fairs and Department of Defense are no that, but none of it attaches to the gion. And we want them to consider workers who got caught in that cas- longer displaying Social Security num- Fort Bayard specifically as a location bers on new identification cards. In ad- cade of misery. Of course, too many for that new polytrauma center. families are struggling to make ends dition, the Office of Personnel Manage- The facilities at Fort Bayard should ment has directed health insurers par- meet week to week. We must continue not be wasted and could be put to good fighting for them by using every tool ticipating in the Federal Employees use by the Veterans Administration for Health Benefit Program to eliminate at our disposal, including these new a polytrauma center for the southern tax incentives, to get our economy Social Security numbers from insur- New Mexico/El Paso region. This plan ance cards. moving and to help businesses start would be a win-win for the region—it hiring. Unfortunately, the Centers for Medi- would provide veterans with much- care and Medicaid Services, CMS, is Again, this is a bill with a proven needed, convenient access to a quality successful strategy, that has been ap- lagging behind other agencies. polytrauma center through the innova- proved by this body in the past, that In 2005, I offered an amendment to tive use of a facility that is currently has had bipartisan support in the past, the fiscal year 2006 Labor-HHS-Edu- being underutilized. and that addresses the most important cation appropriations bill to require Veterans who have risked their lives issue facing our country right now, and CMS to remove SSNs from Medicare for our country deserve convenient ac- that is putting people back to work, re- cards. My amendment passed 98–0. The cess to the best of care when they re- kindling our economy, and getting final bill directed CMS to provide Con- turn home. Because as long as America folks into jobs. gress a report on steps necessary to re- faces threats and values freedom, we move the numbers. will need men and women willing to By Mr. UDALL of New Mexico CMS issued the report in 2006, but it protect us. And as long as Americans (for himself and Mr. BINGAMAN): has not yet begun to remove Social Se- serve in uniform, we have a sacred re- S. 1272. A bill to require the Sec- curity numbers from Medicare cards. sponsibility to support them. retary of Veterans Affairs to submit to In 2008, the Inspector General of the Congress a report on the feasibility and By Mr. DURBIN (for himself, Mr. Social Security Administration took advisability of establishing of a CMS to task for its inaction. The In- polytrauma rehabilitation center or KOHL, and Mr. BINGAMAN): spector General’s report confirmed polytrauma network site of the Depart- S. 1275. A bill to require the Sec- that displaying Social Security num- ment of Veterans Affairs in the south- retary of Health and Human Services bers on Medicare cards places millions ern New Mexico and El Paso, Texas, re- to remove social security account num- of people at risk for identity theft and gion, and for other purposes; to the bers from Medicare identification cards concluded that ‘‘immediate action is Committee on Veterans’ Affairs. and communications provided to Medi- Mr. UDALL of New Mexico. Mr. care beneficiaries in order to protect needed to address this significant vul- President, last fall I led a discussion Medicare beneficiaries from identity nerability.’’ with NM Veterans Secretary John Gar- theft; to the Committee on Finance. The bill that I am introducing today, cia on post-traumatic stress disorder or Mr. DURBIN. Mr. President, today I the Social Security Number Protection PTSD and other issues facing our vet- am introducing legislation with Sen- Act of 2011, establishes a reasonable erans. We held our discussion near Sil- ator BINGAMAN and Senator KOHL to re- timetable for CMS to begin removing ver City, New Mexico, at the historic move Social Security numbers, SSNs, Social Security numbers from Medi- Fort Bayard medical facility. This was from Medicare identification cards. care cards. an outstanding chance to hear first- Today, many of the 45 million Medi- Not later than 3 years after enact- hand from veterans about the medical care beneficiaries in the United States ment, CMS would be prohibited from problems they were facing. carry their Medicare cards in their wal- displaying Social Security numbers on During this meeting, I found out that lets. The card displays an individual’s newly issued Medicare cards. CMS one of the biggest challenges that Medicare identification number, which would be prohibited from displaying many veterans in southern New Mexico is their Social Security number with a the number on existing cards no later face is finding nearby treatment for 1- or 2-digit code at the end. than 5 years after enactment. PTSD and traumatic brain injury The use of Social Security numbers In addition to Medicare cards, the which are called the signature wounds on Medicare cards places millions of bill would prohibit CMS from dis- of the wars in Afghanistan and Iraq. seniors at risk of identity theft because playing Social Security numbers on all A bit of background for those who if the card is lost or stolen, their Social written and electronic communications may not be familiar with my home Security number is easily obtained. A to Medicare beneficiaries, beginning no

VerDate Mar 15 2010 02:00 Jun 24, 2011 Jkt 099060 PO 00000 Frm 00065 Fmt 0624 Sfmt 0634 E:\CR\FM\G23JN6.044 S23JNPT1 tjames on DSKG8SOYB1PROD with SENATE S4102 CONGRESSIONAL RECORD — SENATE June 23, 2011 later than 3 years after enactment, ex- (d) CONFORMING REFERENCE IN THE SOCIAL small business tanning salons based in cept in cases where their display is es- SECURITY ACT.—Section 205(c)(2)(C) of the Augusta, ME, with 125 employees in sential for the operation of the Medi- Social Security Act (42 U.S.C. 405(c)(2)(C)) is Maine and another 50 in New Hamp- care program. amended by adding at the end the following shire have slowed dramatically the ex- new clause: I urge my colleagues to cosponsor ‘‘(xii) For provisions relating to requiring pansion of their business. They opened this important legislation and work the Secretary of Health and Human Services 7 new salons in 2009 but only 4 in 2010 with me to enact it. Removing Social to prohibit the display of social security ac- and another 2 in 2011. Sun Tan City re- Security numbers from Medicare cards count numbers on Medicare identification mitted $85,000 to the IRS just this past and communications to beneficiaries is cards and communications provided to Medi- quarter, money that would have gone long overdue. care beneficiaries, see section 2 of the Social to grow jobs and their business. Medicare beneficiaries should not be Security Number Protection Act of 2011.’’. The tanning tax is not just about the placed at greater risk of identity theft (e) AUTHORIZATION OF APPROPRIATIONS.— There are authorized to be appropriated such money, it is also about the burden of than people with private health insur- sums as may be necessary to carry out this compliance. Each store must collect ance. Other Federal agencies have suc- section. and remit its tanning tax liability indi- cessfully removed Social Security vidually, increasing the paperwork and numbers from identification cards, and By Ms. SNOWE (for herself, Mr. compliance burden. At an estimated we should require CMS to do the same. ROBERTS, Mr. CORNYN, Mr. cost of $74 per hour spent complying Mr. President, I ask unanimous con- BOOZMAN, Mr. BLUNT, and Mr. with paperwork burdens, merely remit- sent that the text of the bill be printed BARRASSO): ting the tax imposes yet another enor- in the RECORD. S. 1278. A bill to amend the Internal mous burden on small businesses. There being no objection, the text of Revenue Code of 1986 to repeal the ex- Moreover, the tanning tax is imposed the bill was ordered to be printed in cise tax on indoor tanning services; to in addition to any state tax levies. For the RECORD, as follows: the Committee on Finance. instance, New Jersey imposes a 7 per- S. 1275 Ms. SNOWE. Mr. President, as former cent tax on tanning services, meaning Be it enacted by the Senate and House of Rep- Chair and now Ranking Member of the tanning salons in New Jersey are now resentatives of the United States of America in Senate Small Business Committee, it responsible for 17 percent in taxes just Congress assembled, is my privilege and my responsibility for this service. We are already hearing SECTION 1. SHORT TITLE. today to stand up for small businesses that those seeking tanning services are This Act may be cited as the ‘‘Social Secu- across America that are being unfairly going to other States when possible in rity Number Protection Act of 2011’’. hurt by a punitive and unnecessary order to avoid the higher New Jersey SEC. 2. REQUIRING THE SECRETARY OF HEALTH tax. The so-called ‘‘tanning tax’’ was AND HUMAN SERVICES TO PROHIBIT and Federal combined taxes. I guess THE DISPLAY OF SOCIAL SECURITY included at the eleventh hour as part of that is one way to improve interstate ACCOUNT NUMBERS ON MEDICARE last year’s health care legislative ma- commerce. IDENTIFICATION CARDS AND COM- neuvering, and I am pleased to offer The worst part of the provision, MUNICATIONS PROVIDED TO MEDI- CARE BENEFICIARIES. this legislation to repeal the tanning though, may be the way the IRS has in- (a) IN GENERAL.—Not later than 3 years tax. terpreted its implementation, in a way after the date of the enactment of this Act, The tanning tax was added to the that favors larger businesses over the Secretary of Health and Human Services health care bill without any analysis of smaller ones. The IRS released its tan- shall establish and begin to implement pro- how it would affect this industry com- ning tax-implementing guidance on cedures to eliminate the unnecessary collec- prised primarily of small businesses, 75 June 15, 2010, just two weeks before the tion, use, and display of social security ac- percent of whose employees and cus- tax became effective. This guidance count numbers of Medicare beneficiaries. tomers are women. I cannot reiterate (b) MEDICARE CARDS AND COMMUNICATIONS contained a gross inequity that will PROVIDED TO BENEFICIARIES.— enough that small businesses are the subject some businesses to the tanning (1) CARDS.— primary job creators in this country, tax while exempting others. The guid- (A) NEW CARDS.—Not later than 3 years responsible for more than two-thirds of ance exempts ‘‘qualified physical fit- after the date of the enactment of this Act, all new jobs created. At a time when a ness facilities,’’ which include gyms. the Secretary of Health and Human Services staggering and seemingly intractable That is, a person could pay for a mem- shall ensure that each newly issued Medicare unemployment rate of over 9 percent bership at such a facility and be able to identification card meets the requirements has become the norm, when some 22 use that facility’s tanning beds with- described in subparagraph (C). million Americans are unemployed or (B) REPLACEMENT OF EXISTING CARDS.—Not out having to pay the tax. Thus, the later than 5 years after the date of the enact- underemployed, when we are experi- tax is having a disproportionate effect ment of this Act, the Secretary of Health encing the longest period of long-term on small businesses while allowing and Human Services shall ensure that all unemployment in American history larger, syndicated gyms and similar fa- Medicare beneficiaries have been issued a since data collection started in 1948, cilities to go untaxed. Medicare identification card that meets the surpassing even the 1982 double-dip re- There are legitimate concerns about requirements of subparagraph (C). cession for the length of unemploy- the health of those who engage in tan- (C) REQUIREMENTS.—The requirements de- ment, when the percentage of popu- ning, whether using natural sunlight or scribed in this subparagraph are, with re- tanning beds. I do not come before you spect to a Medicare identification card, that lation that is employed has declined to the card does not display or electronically 58.4 percent, the lowest level in nearly today to argue the science. But the store (in an unencrypted format) a Medicare 30 years, how could anyone think that Food and Drug Administration has beneficiary’s social security account num- shuttering or slowing the growth of been under pressure for years to ban ber. small businesses is a good idea? outright the use of tanning beds and (2) COMMUNICATIONS PROVIDED TO BENE- Reports show that small businesses repeatedly has declined to do so. The 10 FICIARIES.—Not later than 3 years after the lost an estimated $2 trillion in profits percent tanning tax was never designed date of the enactment of this Act, the Sec- and asset valuation since the recession as a deterrent; it was designed solely to retary of Health and Human Services shall started in December 2007, while larger replace the 5 percent tax on Botox in- prohibit the display of a Medicare beneficiary’s social security account number on companies have been less affected and jections and elective cosmetic surgery written or electronic communication pro- are recovering more quickly. Combined as a revenue raiser to pay for the vided to the beneficiary unless the Secretary with the current, on-going economic health care bill. No other factor was determines that inclusion of social security malaise, the tanning tax is certain to discussed, nor were there ever hearings account numbers on such communications is accelerate job losses in this industry on the merits. I am as concerned as essential for the operation of the Medicare beyond the 20,000 jobs already lost na- any Senator or citizen about the health program. tionwide. These small businesses need of our fellow Americans, but a dead-of- (c) MEDICARE BENEFICIARY DEFINED.—In this section, the term ‘‘Medicare bene- our help, not a further hindrance such night job-killing tax increase on small ficiary’’ means an individual who is entitled as this tax. businesses is not the way to address to, or enrolled for, benefits under part A of I have heard first-hand of just what a any health concerns! title XVIII of the Social Security Act or en- job-killing, growth-preventing measure There are other ways, such as an edu- rolled under part B of such title. this tax is. Sun Tan City, a chain of cation campaign, that would be far

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If the health issue percent stated that such programs were ex- resolution; which was considered and is important enough to merit scrutiny tremely influential in contributing to their agreed to: of the industry, then let us have that current level of personal fulfillment; S. RES. 215 debate, but the fact that there was no Whereas music education provides students Whereas congenital Cytomegalovirus (re- debate before this onerous tax was im- with the opportunity to express their creativity and to develop skills that will benefit ferred to in this preamble as ‘‘CMV’’) is the posed makes it doubly outrageous. them throughout the rest of their lives; most common congenital infection in the This bill is supported by the National Whereas the skills gained through music United States with 1 in 150 children born Federation of Independent Businesses instruction, including discipline and the with congenital CMV; and by the Indoor Tanning Association, ability to analyze, solve problems, commu- Whereas congenital CMV is the most com- which is comprised of business owners nicate, and work cooperatively, are vital for mon cause of birth defects and childhood dis- and operators, as well as manufactur- success in the 21st century workplace; abilities in the United States; ers and distributors of tanning equip- Whereas many students have limited ac- Whereas congenital CMV is preventable with behavioral interventions such as prac- ment. The tanning tax was a painful cess to music education, which places them at a disadvantage compared to their peers; ticing frequent hand washing with soap and hit to this sector of our economy and Whereas local budget cuts are predicted to water after contact with diapers or oral se- this bill will seek in some way to rec- lead to a significant curtailment of school cretions, not kissing young children on the tify what was done to them by elimi- music programs, thereby depriving millions mouth, and not sharing food, towels, or uten- nating the onerous tax going forward. of students of an education that includes sils with young children; Finally, I want to thank Glen and music; Whereas CMV is found in bodily fluids, in- Dennis Guerrette, whose father, Will, Whereas the arts are a core academic sub- cluding urine, saliva, blood, mucus, and served in the Maine state legislature, ject, and music is an essential element of the tears; Whereas congenital CMV can be diagnosed and Lewis Henry, all from Maine, for arts; and Whereas every student in the United if the virus is found in urine, saliva, blood, or bringing this issue and their stories to States should have an opportunity to reap other body tissues of an infant during the my attention. I would also like to the benefits of music education: Now, there- first week after birth; thank Congressmen MICHAEL GRIMM fore, be it Whereas CMV infection is more common and PAT TIBERI and many others for Resolved, That the Senate designates the than the combined metabolic or endocrine their leadership in the House on this week of June 24 through 28, 2011, as ‘‘Na- disorders currently in the United States core crucial issue. tional Music Education Week’’ in order to newborn screening panel; In conclusion, I urge my colleagues recognize the benefits and importance of Whereas most people are not aware of their on both sides of the aisle to support music education. CMV infection status, with pregnant women being 1 of the highest risk groups; our bill. Mrs. MURRAY. Mr. President, I rise today to discuss the importance of Whereas the American College of Obstetri- Mr. President, I ask unanimous con- cians and Gynecologists and the Centers for sent that the text of the bill be printed music education in a child’s edu- Disease Control and Prevention recommend in the RECORD. cational journey. As a former music that OB/GYNs counsel women on basic pre- There being no objection, the text of student myself, I believe every student vention measures to guard against CMV in- the bill was ordered to be printed in should have access to this valuable fection; the RECORD, as follows: area of study. Whereas in 1999, the Institute of Medicine stated that development of a CMV vaccine S. 1278 Three quarters of Americans have been involved in a music program dur- was the highest priority for new vaccines; Be it enacted by the Senate and House of Rep- ing their time in school. Over half of Whereas the incidence of children born resentatives of the United States of America in with congenital CMV can be greatly reduced Congress assembled, those participants continue their in- with public education and awareness; and SECTION 1. REPEAL OF EXCISE TAX ON INDOOR volvement with music after the 12th Whereas a comprehensive understanding of TANNING SERVICES. grade. This is a testament to the posi- CMV provides opportunities to improve the (a) IN GENERAL.—Subtitle D of the Internal tive impact of music education and health and well-being of our children: Now, Revenue Code of 1986 is amended by striking why we must continue to provide our therefore, be it chapter 49 and by striking the item relating students with opportunities to pursue Resolved, That the Senate— to such chapter in the table of chapters of these programs. (1) designates the month of June 2011 as such subtitle. Music education also provides stu- ‘‘National Cytomegalovirus Awareness (b) EFFECTIVE DATE.—The amendments Month’’ in order to raise awareness of the made by this section shall apply to services dents with the opportunity to express dangers of Cytomegalovirus (‘‘CMV’’) and re- performed after the date of the enactment of creativity and to develop skills that duce the occurrence of congenital CMV in- this Act. will benefit them throughout the rest fection; and f of their lives. In addition to its inher- (2) recommends that more effort be taken ent cultural value, music education to counsel women of childbearing age of the SUBMITTED RESOLUTIONS provides a variety of unique avenues effect this virus can have on their children. for intellectual growth. We also know f SENATE RESOLUTION 214—DESIG- that musical training has a profound SENATE RESOLUTION 216—ENCOUR- NATING THE WEEK OF JUNE 24 impact on other skills including speech AGING WOMEN’S POLITICAL PAR- THROUGH 28, 2011, AS ‘‘NATIONAL and language, memory and attention, TICIPATION IN SAUDI ARABIA MUSIC EDUCATION WEEK’’ and even the ability to convey emo- tions vocally. Mrs. BOXER (for herself and Mr. Mrs. MURRAY submitted the fol- I believe music and other arts are DEMINT) submitted the following reso- lowing resolution; which was referred among society’s most compelling and lution; which was referred to the Com- to the Committee on the Judiciary. effective pathways for offering our mittee on Foreign Relations: S. RES. 214 children rich and fulfilling educational S. RES. 216 Whereas the National Association for experiences. It is also important that Whereas, on September 22, 2011, the King- Music Education has designated the week of we acknowledge the music educators dom of Saudi Arabia is scheduled to hold its June 24 through 28, 2011, as ‘‘National Music who have instilled many generations of first nationwide municipal elections since Education Week’’; students with the gift of music. For 2005, with voter registration open as of April Whereas school-based music education is 23, 2011; important and beneficial for students of all these reasons, I am proud to introduce Whereas the Government of Saudi Arabia ages; a resolution today recognizing June 24, has announced—as it did in 2005—that Whereas music education programs en- 2011 through June 28, 2011 as National women will be unable to run for elective of- hance intellectual development and enrich Music Education Week. fice or vote;

VerDate Mar 15 2010 02:00 Jun 24, 2011 Jkt 099060 PO 00000 Frm 00067 Fmt 0624 Sfmt 0634 E:\CR\FM\A23JN6.067 S23JNPT1 tjames on DSKG8SOYB1PROD with SENATE S4104 CONGRESSIONAL RECORD — SENATE June 23, 2011 Whereas, on March 28, 2011, president of the women to run for office and vote in all elec- (6) more than 100 historic cemeteries; general committee for the election of munic- tions. Whereas Congress named 10 battlefields in ipal council members Abd al-Rahman the Shenandoah Valley for preservation in f Dahmash stated, ‘‘We are not prepared for the Shenandoah Valley Battlefields National the participation of women in the municipal SENATE CONCURRENT RESOLU- Historic District and Commission Act of 1996 elections now.’’; TION 24—COMMEMORATING THE (section 606 of Public Law 104–333; 110 Stat. Whereas Foreign Minister of Saudi Arabia 75TH ANNIVERSARY OF THE 4174), and Shenandoah National Park, an in- Prince Saud Al Faisal stated in an interview tegral partner in that endeavor, provides after the 2005 election that he assumed DEDICATION OF SHENANDOAH visitors with outstanding views of pristine, women would be allowed to vote in future NATIONAL PARK natural landscapes that are vital to the Civil elections, and that this would benefit the Mr. WEBB (for himself and Mr. WAR- War legacy; election process because women were ‘‘more NER) submitted the following concur- Whereas Shenandoah National Park also sensible voters than men’’; rent resolution; which was referred to protects intangible resources, including as- Whereas the decision by the Government of pects of the heritage of the people of the Saudi Arabia to continue to disenfranchise the Committee on Energy and Natural United States through the rigorous commit- women in the September 2011 municipal elec- Resources: ments of the Civilian Conservation Corps and tions is inconsistent with a series of commit- S. CON. RES. 24 the advancement of Civil Rights as Shen- ments made by the Government of Saudi Whereas the 75th anniversary of the dedi- andoah’s ‘‘separate but equal’’ facilities be- Arabia; cation of Shenandoah National Park cor- came the first to desegregate in Virginia; Whereas, in January 2003, Saudi Arabia responds with the Civil War sesquicenten- Whereas, on October 20, 1976, Public Law proposed to the League of Arab States the nial, enriching the heritage of both the Com- 94–567 was enacted, designating 79,579 acres ‘‘Covenant for Arab Reform,’’ resulting in monwealth of Virginia and the United within Shenandoah National Park’s bound- the adoption of the ‘‘Tunis Declaration’’ at States; aries as wilderness under the Wilderness Act the May 2004 Arab Summit, which declared, Whereas in the early to mid-1920s, as a re- (16 U.S.C. 1131 et seq.), which protects the among other things, a ‘‘firm determination’’ sult of the efforts of the citizen-driven Shen- wilderness character of the lands ‘‘for the to ‘‘pursue reform and modernization’’ by andoah Valley, Inc. and the Shenandoah Na- permanent good of the whole people’’; and ‘‘widening women’s participation in the po- Whereas Congress should support efforts to litical, economic, social, cultural and edu- tional Park Association, the congressionally appointed Southern Appalachian National preserve the ecological and cultural integ- cational fields’’; rity of Shenandoah National Park, maintain Whereas these declarations were re- Park Committee recommended that Con- gress authorize the establishment of a na- the infrastructure of the Park, and protect affirmed at the Arab Summit in Algiers on the famously scenic views of the Shenandoah March 23, 2005, and at the Riyadh Summit tional park in the Blue Ridge Mountains of Virginia for the purpose of providing the Valley: Now, therefore, be it held in Saudi Arabia on March 28, 2007; Resolved by the Senate (the House of Rep- Whereas, in April 2009, Saudi Arabia rati- western national park experience to the populated eastern seaboard; resentatives concurring), That Congress— fied the Arab Charter on Human Rights, (1) commemorates the 75th anniversary of which states in article 24(3), ‘‘Every citizen Whereas, in 1935, the Secretary of the Inte- the dedication of Shenandoah National Park; has the right. . . to stand for election or rior, Harold Ickes, accepted the land deeds and choose his representatives in free and impar- for what would become Shenandoah National (2) acknowledges the historic and enduring tial elections, in conditions of equality Park from the Commonwealth of Virginia, scenic, recreational, and economic value of among all citizens that guarantee the free and, on July 3, 1936, President Franklin D. the Park. expression of his will.’’; Roosevelt dedicated Shenandoah National Whereas, on June 10, 2009, the Government Park ‘‘to this and to succeeding generations f of Saudi Arabia accepted the majority of the for the recreation and re-creation they would recommendations put forward by the United find’’; AMENDMENTS SUBMITTED AND Nations Human Rights Council’s Working Whereas the Appalachian Mountains ex- PROPOSED Group on the Universal Periodic Review intend through 200,000 acres of Shenandoah Na- SA 513. Mr. ROCKEFELLER submitted an cluding to ‘‘[a]bolish all legislation, meas- tional Park and border the 8 Virginia coun- amendment intended to be proposed by him ures and practices that discriminate against ties of Albemarle, Augusta, Greene, Madison, to the bill S. 679, to reduce the number of ex- women. . . In particular, to abolish legisla- Page, Rappahannock, Rockingham, and War- ecutive positions subject to Senate con- tion and practices which prevent women ren; firmation; which was ordered to lie on the from participating fully in society on an Whereas Shenandoah National Park is table. equal basis with men,’’ and to ‘‘end the strict home to a diverse ecosystem of 103 rare and SA 514. Mr. TOOMEY (for himself and Mr. endangered species, 1,405 plant species, 51 system of male guardianship and give full VITTER) submitted an amendment intended legal identity to Saudi women’’; mammal species, 36 fish species, 26 reptile to be proposed by him to the bill S. 679, Whereas the Government of Saudi Arabia species, 23 amphibian species, and more than supra. has indicated that it is supportive of the 200 bird species; SA 515. Mr. BAUCUS submitted an amend- human rights of women; Whereas the proximity of Shenandoah Na- ment intended to be proposed by him to the Whereas, in November 2010, Saudi Arabia tional Park to heavily populated areas, in- bill S. 679, supra; which was ordered to lie on was elected to the Executive Board of UN cluding Washington, District of Columbia, the table. Women, emphasizing the commitment of the promotes regional travel and tourism, pro- SA 516. Mr. BAUCUS (for himself and Mr. viding thousands of jobs and contributing Government of Saudi Arabia to the rights of HATCH) submitted an amendment intended to women; millions of dollars to the economic vitality be proposed by him to the bill S. 679, supra; Whereas ‘Abd al-Rahman Dahmash, the of the region; which was ordered to lie on the table. president of the general committee for the Whereas Shenandoah National Park, rich SA 517. Mr. CARPER submitted an amend- election of municipal council members, has with recreational opportunities, offers 520 ment intended to be proposed by him to the stated that Saudi women will be granted the miles of hiking trails, 200 miles of which are bill S. 679, supra. right to vote in the next municipal elections designated horse trails and 101 miles of SA 518. Mr. CARPER submitted an amend- scheduled to be held in 2015; and which are part of the 2,175-mile Appalachian ment intended to be proposed by him to the Whereas, while the United States Govern- National Historic Trail, more than 90 fish- resolution S. Res. 116, to provide for expe- ment acknowledges the deep cultural and re- able streams, 4 campgrounds, 7 picnic areas, dited Senate consideration of certain nomi- ligious traditions and sentiments within 3 lodges, 6 backcountry cabins, and an exten- nations subject to advice and consent; which Saudi society, without the right to vote on sive, rugged backcountry open to wilderness was ordered to lie on the table. par with men, women in Saudi Arabia are de- camping to the millions of people who annu- nied not only a fundamental human right ally visit the Park; f but also the ability to contribute fully to the Whereas the Park protects significant cul- TEXT OF AMENDMENTS economic development, modernization, and tural resources, including— prosperity of their own country: Now, there- (1) Rapidan Camp, once a summer retreat SA 513. Mr. ROCKEFELLER sub- fore, be it for President Herbert Hoover and now a na- mitted an amendment intended to be Resolved, That the Senate— tional historic landmark; proposed by him to the bill S. 679, to (1) calls on the Government of Saudi Ara- (2) Skyline Drive, a historic district listed reduce the number of executive posi- bia to allow women to participate, both as on the National Register of Historic Places; tions subject to Senate confirmation; voters and candidates for elective office, in (3) Massanutten Lodge, a structure listed the September 2011 elections; on the National Register of Historic Places; which was ordered to lie on the table; (2) supports the women of Saudi Arabia as (4) 360 buildings and structures included on as follows: they endeavor to exercise their human the List of Classified Structures; On page 53, lines 21 and 22, strike ‘‘in the rights; and (5) 577 significant, recorded archeological competitive service’’. (3) believes that it is in the interest of sites, 11 of which are listed on the National On page 61, line 23, insert ‘‘for a term of Saudi Arabia and all nations to permit Register of Historic Places; and seven years’’ after ‘‘Senate,’’.

VerDate Mar 15 2010 02:00 Jun 24, 2011 Jkt 099060 PO 00000 Frm 00068 Fmt 0624 Sfmt 0634 E:\CR\FM\A23JN6.063 S23JNPT1 tjames on DSKG8SOYB1PROD with SENATE June 23, 2011 CONGRESSIONAL RECORD — SENATE S4105 SA 514. Mr. TOOMEY (for himself and vide for expedited Senate consideration mittee on Health, Education, Labor, Mr. VITTER) submitted an amendment of certain nominations subject to ad- and Pensions be authorized to meet intended to be proposed by him to the vice and consent; which was ordered to during the session of the Senate on bill S. 679, to reduce the number of ex- lie on the table; as follows: June 23, 2011, at 10 a.m., in room SD–430 ecutive positions subject to Senate On page 7, strike line 5 and insert the fol- of the Dirksen Senate Office Building, confirmation; as follows: lowing: to conduct a hearing entitled ‘‘Stories On page 63, strike lines 3 through 18. SEC. 4. COMMITTEE JUSTIFICATION FOR NEW EX- From the Kitchen Table: How Middle ECUTIVE POSITIONS. Class Families are Struggling to Make The report accompanying each bill or joint SA 515. Mr. BAUCUS submitted an Ends Meet.’’ amendment intended to be proposed by resolution of a public character reported by any committee shall contain an evaluation The PRESIDING OFFICER. Without him to the bill S. 679, to reduce the and justification made by such committee objection, it is so ordered. number of executive positions subject for the establishment in the measure being COMMITTEE ON HOMELAND SECURITY AND to Senate confirmation; which was or- reported of any new position appointed by GOVERNMENTAL AFFAIRS dered to lie on the table; as follows: the President within an existing or new Fed- Mr. BROWN of Ohio. Mr. President, I On page 47, beginning on line 12, strike all eral entity. ask unanimous consent that the Com- through page 48, line 3. SEC. 5. EFFECTIVE DATE. mittee on Homeland Security and Gov- On page 54, beginning on line 24, strike all f ernmental Affairs be authorized to through page 55, line 22. AUTHORITY FOR COMMITTEES TO meet during the session of the Senate SA 516. Mr. BAUCUS (for himself and MEET on June 23, 2011, at 10 a.m. to conduct a hearing entitled ‘‘Federal Regula- Mr. HATCH) submitted an amendment COMMITTEE ON AGRICULTURE, NUTRITION, AND tion: A Review of Legislative Pro- intended to be proposed by him to the FORESTRY bill S. 679, to reduce the number of ex- Mr. BROWN of Ohio. Mr. President, I posals.’’ The PRESIDING OFFICER. Without ecutive positions subject to Senate ask unanimous consent that the Com- objection, it is so ordered. confirmation; which was ordered to lie mittee on Agriculture, Nutrition, and on the table; as follows: Forestry be authorized to meet during COMMITTEE ON INDIAN AFFAIRS Mr. BROWN of Ohio. Mr. President, I On page 47, beginning on line 12, strike all the session of the Senate on June 23, ask unanimous consent that the Com- through ‘‘AMERICANS’’ on page 48, line 5. 2011, at 9:30 a.m. in room G50 of the On page 54, beginning on line 24, strike all Dirksen Senate Office Building. mittee on Indian Affairs be authorized through page 55, line 11. The PRESIDING OFFICER. Without to meet during the session of the Sen- On page 55, line 12, strike ‘‘(2)’’ and insert objection, it is so ordered. ate on June 23, 2011, at 2:15 p.m., in ‘‘(1)’’. COMMITTEE ON BANKING, HOUSING, AND URBAN room 5D–628 of the Dirksen Senate Of- On page 55, line 23, strike ‘‘(3)’’ and insert AFFAIRS fice Building to conduct a hearing enti- ‘‘(2)’’. Mr. BROWN of Ohio. Mr. President, I tled ‘‘The Indian Reorganization Act— SA 517. Mr. CARPER submitted an ask unanimous consent that the Com- 75 Years Later: Renewing our Commit- amendment intended to be proposed by mittee on Banking, Housing, and ment to Restore Tribal Homelands and him to the bill S. 679, to reduce the Urban Affairs be authorized to meet Promote Self-Determination.’’ number of executive positions subject during the session of the Senate on The PRESIDING OFFICER. without to Senate confirmation; as follows: June 23, 2011, at 10 a.m., to conduct a objection, it is so ordered. COMMITTEE ON THE JUDICIARY At the appropriate place, insert the fol- hearing entitled ‘‘Reauthorization of lowing: the National Flood Insurance Program, Mr. BROWN of Ohio. Mr. President, I SEC. lll. REPORT ON PRESIDENTIALLY AP- Part II.’’ ask unanimous consent that the Com- POINTED POSITIONS. The PRESIDING OFFICER. Without mittee on the Judiciary be authorized (a) DEFINITIONS.—In this section— objection, it is so ordered. to meet during the session of the Sen- (1) the term ‘‘agency’’ means an Executive COMMITTEE ON FINANCE ate, on June 23, 2011, at 10 a.m., in agency defined under section 105 of title 5, Mr. BROWN of Ohio. Mr. President, I room SD–226 of the Dirksen Senate Of- United States Code; and ask unanimous consent that the Com- fice Building, to conduct an executive (2) the term ‘‘covered position’’ means a mittee on Finance be authorized to business meeting. position in an agency that requires appoint- The PRESIDING OFFICER. without ment by the President without the advice meet during the session of the Senate and consent of the Senate. on June 23, 2011, at 10 a.m., in room objection, it is so ordered. (b) IN GENERAL.—Not later than 180 days SD–215 of the Dirksen Senate Office SELECT COMMITTEE ON INTELLIGENCE after the date of enactment of this Act, the Building, to conduct a hearing entitled Mr. BROWN of Ohio. Mr. President, I Government Accountability Office shall con- ‘‘Health Care Entitlements: The Road ask unanimous consent that the Select duct a study and submit a report on covered Forward.’’ Committee on Intelligence be author- positions to Congress and the President. The PRESIDING OFFICER. Without ized to meet during the session of the (c) CONTENTS.—The report submitted under objection, it is so ordered. Senate on June 23, 2011, at 2:30 p.m. this section shall include— (1) a determination of the number of cov- COMMITTEE ON FOREIGN RELATIONS The PRESIDING OFFICER. without ered positions in each agency; Mr. BROWN of Ohio. Mr. President, I objection, it is so ordered. (2) an evaluation of whether maintaining ask unanimous consent that the Com- SUBCOMMITTEE ON OCEANS, ATMOSPHERE, the total number of covered positions is nec- mittee on Foreign Relations be author- FISHERIES, AND COAST GUARD essary; ized to meet during the session of the Mr. BROWN of Ohio. Mr. President, I (3) an evaluation of the benefits and dis- Senate on June 23, 2011, at 10 a.m. ask unanimous consent that the Sub- advantages of— The PRESIDING OFFICER. Without committee on Oceans, Atmosphere, (A) eliminating certain covered positions; objection, it is so ordered. Fisheries, and Coast Guard of the Com- (B) converting certain covered positions to mittee on Commerce, Science, and career positions or positions in the Senior COMMITTEE ON FOREIGN RELATIONS Executive Service that are not career re- Mr. BROWN of Ohio. Mr. President, I Transportation be authorized to meet served positions; and ask unanimous consent that the Com- during the session of the Senate on (C) converting any categories of covered mittee on Foreign Relations be author- June 23, 2011, at 10 a.m., in room 253 of positions to career positions; ized to meet during the session of the the Russell Senate Office Building. (4) the identification of— Senate on June 23, 2011, at 10 a.m., to The PRESIDING OFFICER. without (A) covered positions described under para- hold a hearing entitled, ‘‘Evaluating objection, it is so ordered. graph (3)(A) and (B); and Goals and Progress in Afghanistan and SUBCOMMITTEE ON WATER AND POWER (B) categories of covered positions de- Mr. BROWN of Ohio. Mr. President, I scribed under paragraph (3)(C); and Pakistan.’’ (5) any other recommendations relating to The PRESIDING OFFICER. Without ask unanimous consent that the Sub- covered positions. objection, it is so ordered. committee on Water and Power be au- COMMITTEE ON HEALTH, EDUCATION, LABOR, thorized to meet during the session of SA 518. Mr. CARPER submitted an AND PENSIONS the Senate on June 23, 2011, at 2:30 amendment intended to be proposed by Mr. BROWN of Ohio. Mr. President, I p.m., in room 366 of the Dirksen Senate him to the resolution S. Res. 116 to pro- ask unanimous consent that the Com- Office Building.

VerDate Mar 15 2010 02:00 Jun 24, 2011 Jkt 099060 PO 00000 Frm 00069 Fmt 0624 Sfmt 0634 E:\CR\FM\A23JN6.061 S23JNPT1 tjames on DSKG8SOYB1PROD with SENATE S4106 CONGRESSIONAL RECORD — SENATE June 23, 2011 The PRESIDING OFFICER. without The PRESIDING OFFICER. Without A bill (H.R. 2021) to amend the Clear Air objection, it is so ordered. objection, it is so ordered. Act regarding air pollution from Outer Con- tinental Shelf activities. SUBCOMMITTEE ON WESTERN HEMISPHERE, The resolution (S. Res. 215) was PEACE CORPS, AND GLOBAL NARCOTICS AF- agreed to. Mr. REID. Mr. President, I now ask FAIRS AND THE SUBCOMMITTEE ON INTER- The preamble was agreed to. for a second reading but object to my NATIONAL DEVELOPMENT AND FOREIGN AS- The resolution, with its preamble, own request to both of those bills. SISTANCE, ECONOMIC AFFAIRS, AND INTER- reads as follows: The PRESIDING OFFICER. Objec- NATIONAL ENVIRONMENTAL PROTECTION S. RES. 215 tion is heard. The bills will be read for Mr. BROWN of Ohio. Mr. President, I Whereas congenital Cytomegalovirus (re- the second time on the next legislative ask unanimous consent that the Sub- ferred to in this preamble as ‘‘CMV’’) is the day. committee on Western Hemisphere, most common congenital infection in the Peace Corps, and Global Narcotics Af- United States with 1 in 150 children born f fairs and the Subcommittee on Inter- with congenital CMV; ORDERS FOR MONDAY, JUNE 27, national Development and Foreign As- Whereas congenital CMV is the most com- 2011 sistance, Economic Affairs, and Inter- mon cause of birth defects and childhood disabilities in the United States; Mr. REID. Mr. President, I ask unan- national environmental Protection be Whereas congenital CMV is preventable imous consent that when the Senate authorized to meet during the session with behavioral interventions such as prac- completes its business today, it ad- of the Senate on June 23, 2011, at 2:15 ticing frequent hand washing with soap and journ until 2 p.m. Monday, June 27; p.m., to conduct a hearing entitled water after contact with diapers or oral se- that following the prayer and pledge, ‘‘Rebuilding Haiti in the Martelly cretions, not kissing young children on the the Journal of proceedings approved to Era.’’ mouth, and not sharing food, towels, or uten- date, the morning hour be deemed ex- The PRESIDING OFFICER. without sils with young children; pired, the time for the two leaders be objection, it is so ordered. Whereas CMV is found in bodily fluids, including urine, saliva, blood, mucus, and reserved for their use later in the day; f tears; that following any leader remarks, the Whereas congenital CMV can be diagnosed PRIVILEGES OF THE FLOOR Senate be in a period of morning busi- if the virus is found in urine, saliva, blood, or ness until 6 p.m. with Senators per- Mr. DURBIN. Mr. President, I ask other body tissues of an infant during the mitted to speak for up to 10 minutes unanimous consent that Nicole Win- first week after birth; Whereas CMV infection is more common each; further, that Senator SANDERS be ters-Brown, a legal intern with Home- recognized at 4 p.m. for up to 90 min- land Security and Governmental Af- than the combined metabolic or endocrine disorders currently in the United States core utes. fairs Committee, be granted the privi- newborn screening panel; The PRESIDING OFFICER. Without lege of the floor for the duration of the Whereas most people are not aware of their objection, it is so ordered. debate on S. 679. CMV infection status, with pregnant women The PRESIDING OFFICER. Without being 1 of the highest risk groups; f objection, it is so ordered. Whereas the American College of Obstetri- PROGRAM cians and Gynecologists and the Centers for f Disease Control and Prevention recommend Mr. REID. Mr. President, as an- UNANIMOUS CONSENT AGREE- that OB/GYNs counsel women on basic pre- nounced previously, there will be no MENT—EXECUTIVE CALENDAR vention measures to guard against CMV in- rollcall votes on Monday. The first fection; vote of the week will be on Tuesday, Mr. REID. Mr. President, I ask unan- Whereas in 1999, the Institute of Medicine imous consent that at 10 a.m., Tuesday, June 28, at noon on confirmation of the stated that development of a CMV vaccine Cole nomination. June 29, 2011, the Senate proceed to ex- was the highest priority for new vaccines; ecutive session to consider the fol- Whereas the incidence of children born f lowing nominations en bloc: Calendar with congenital CMV can be greatly reduced ADJOURNMENT UNTIL MONDAY, Nos. 62, 110, and 145, with all other pro- with public education and awareness; and JUNE 27, 2011, AT 2 P.M. visions of the previous unanimous con- Whereas a comprehensive understanding of CMV provides opportunities to improve the sent agreement remaining in effect. Mr. REID. Mr. President, if there is health and well-being of our children: Now, no further business to come before the The PRESIDING OFFICER. Without therefore, be it objection, it is so ordered. Resolved, That the Senate— Senate, I ask unanimous consent that it adjourn under the previous order. f (1) designates the month of June 2011 as ‘‘National Cytomegalovirus Awareness There being no objection, the Senate, NATIONAL CYTOMEGALOVIRUS Month’’ in order to raise awareness of the at 5:55 p.m., adjourned until Monday, AWARENESS MONTH dangers of Cytomegalovirus (‘‘CMV’’) and re- June 27, 2011, at 2 p.m. duce the occurrence of congenital CMV in- Mr. REID. Mr. President, I ask that fection; and f the Senate proceed to the consider- (2) recommends that more effort be taken NOMINATIONS ation of S. Res. 215. to counsel women of childbearing age of the The PRESIDING OFFICER. The effect this virus can have on their children. Executive nominations received by clerk will report the resolution by f the Senate: title. MEASURES READ THE FIRST THE JUDICIARY The assistant legislative clerk read TIME—S. 1276, H.R. 2021 JENNIFER GUERIN ZIPPS, OF ARIZONA, TO BE UNITED as follows: STATES DISTRICT JUDGE FOR THE DISTRICT OF ARI- Mr. REID. Mr. President, I am told ZONA, VICE JOHN M. ROLL, DECEASED. A resolution (S. Res. 215) designating the ROSEMARY MARQUEZ, OF ARIZONA, TO BE UNITED month of June 2011 as ‘‘National there are two bills at the desk. I ask STATES DISTRICT JUDGE FOR THE DISTRICT OF ARI- Cytomegalovirus Awareness Month.’’ for their first reading en bloc. ZONA, VICE FRANK R. ZAPATA, RETIRED. There being no objection, the Senate The clerk will read the titles of the DEPARTMENT OF JUSTICE proceeded to consider the resolution. bills for the first time. STEVEN R. FRANK, OF PENNSYLVANIA, TO BE UNITED The assistant legislative clerk read STATES MARSHAL FOR THE WESTERN DISTRICT OF Mr. REID. Mr. President, I ask unan- PENNSYLVANIA FOR THE TERM OF FOUR YEARS, VICE as follows: imous consent the resolution be agreed THOMAS M. FITZGERALD, TERM EXPIRED. A bill (S. 1276) to repeal the authority to MARTIN J. PANE, OF PENNSYLVANIA, TO BE UNITED to, the preamble be agreed to, the mo- STATES MARSHAL FOR THE MIDDLE DISTRICT OF PENN- provide certain loans to the International tions to reconsider be laid upon the SYLVANIA FOR THE TERM OF FOUR YEARS, VICE MI- Monetary Fund, the increase in the United CHAEL ROBERT REGAN, TERM EXPIRED. table, with no intervening action or de- States quota to the Fund, and certain other DAVID BLAKE WEBB, OF PENNSYLVANIA, TO BE bate, and any statements be printed in UNITED STATES MARSHAL FOR THE EASTERN DISTRICT related authorities, to rescind related appro- OF PENNSYLVANIA FOR THE TERM OF FOUR YEARS, the RECORD. priated amounts, and for other purposes. VICE GARY EDWARD SHOVLIN, RESIGNED.

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JOBS AND ENERGY PERMITTING My fellow Democrats attempted to improve IN HONOR OF REVEREND THOMAS ACT OF 2011 H.R. 2021 by offering ten different amend- O’DONNELL ments, but the Republicans rejected each and SPEECH OF every one, including an amendment that would HON. DENNIS J. KUCINICH HON. SAM FARR maintain California’s ability to set its own OF OHIO OF CALIFORNIA emissions standards. Unfortunately this Re- IN THE HOUSE OF REPRESENTATIVES IN THE HOUSE OF REPRESENTATIVES publican desired top-down approach will de- Thursday, June 23, 2011 Wednesday, June 22, 2011 grade air quality along the coast of California, Mr. KUCINICH. Mr. Speaker, I rise today in The House in Committee of the Whole causing health costs to soar with increasing honor of Reverend Thomas O’Donnell, who House on the State of the Union had under incidence of respiratory illnesses. has devoted his life to the enrichment of his consideration the bill (H.R. 2021) to amend community. the Clean Air Act regarding air pollution Madam Chair, the quality of the air we Reverend O’Donnell was born in Cleveland, from Outer Continental Shelf activity: breathe and the health of my constituents is of Ohio at St. John’s Hospital and is one of three Mr. FARR. Madam Chair, I rise in strong op- utmost importance. For this reason, I do not children. His brother, Neil is now deceased position to H.R. 2021, the Jobs and Energy support this legislation, and I voted ‘‘no’’ on and his sister Ellen Jane is a nun in Latrobe, Permitting Act. Since the beginning of the H.R. 2021. Pennsylvania. Reverend O’Donnell spent 112th Congress, my Republican colleagues much of his youth interested in music and have been relentless in their attempts to f eventually received a Bachelor’s Degree in weaken offshore drilling regulations and to Music from Oberlin College before entering preserve wasteful and unnecessary subsidies RECOGNITION OF THE 250TH ANNI- the seminary. Ordained on May 20, 1967, to the most profitable oil corporations in the VERSARY OF THE TOWN OF Reverend O’Donnell first served at St. Clare world. While Americans are facing serious SHUTESBURY, MASSACHUSETTS Church in Lyndhurst, Ohio. Two years later he pain at the pump, in the first quarter of 2011, began teaching Sacred Music at St. Mary the five biggest oil companies have made a Seminary. While he was teaching, in 1972, total combined profit of $35 billion. Yet, as HON. JOHN W. OLVER Reverend O’Donnell began attending Case these companies break record profits, the Re- Western Reserve University to further his publican leadership insists that we continue to OF MASSACHUSETTS studies in Sacred Music. hand these companies billions of taxpayer dol- IN THE HOUSE OF REPRESENTATIVES After fourteen years at the seminary, during lars in subsidies. which time he also became Diocesan Director H.R. 2021 is just another blatant attack on Thursday, June 23, 2011 of Music and Assistant Director of the Dioce- human health and the environment in an at- san Office for Pastoral Liturgy, he decided to tempt to shield outrageous Big Oil profits. This Mr. OLVER. Mr. Speaker, on June 30, return to parish ministry. Reverend O’Donnell bill seeks to evade Clean Air Act standards in- 1761, the incorporation of the town of then began to serve as a hospital chaplain, tended to protect our air and health by allow- Shutesbury, Massachusetts, was approved by first at Brentwood and Suburban Hospitals and ing the oil companies to pollute as much as the colonial Governor of the Commonwealth of later as the Catholic Chaplain at MetroHealth they want from their offshore operations. Sec- Massachusetts, Sir Francis Bernard. Named Medical Center in Cleveland. He underwent a ondly, this anti-environment piece of legislation for former colonial Governor Samuel Shute, two year training course at the Cleveland Clin- would block the right of California and other the town is an exemplification of the natural ic prior to his work as a chaplain. states to enforce more rigorous emissions Reverend O’Donnell has been with Holy beauty of Massachusetts’ rolling hills. After standards on vessels servicing an offshore op- Name for fourteen years and has worked tire- eration. It seems ironic that my colleagues 250 years, Shutesbury remains a town largely lessly for the betterment of his parish and the who are arguing against big government now untouched by the imperfections of modernity. entire community. Reverend O’Donnell want to take away states’ rights to protect their The town traces its history to 1735, when an brought together a parish life steering com- residents from dirty local air. east-west inland road was built to encourage mittee and was integral in opening the John I strongly support the need to reduce Amer- commerce from Lancaster to Sunderland. Paul II—Ozanam Hunger Center, along with ica’s dependence on foreign oil. However, Over the next century, residents constructed a churches in Slavic Village and several other H.R. 2021 is not the answer. I am extremely suburban parishes. Furthermore, his parish meetinghouse and assembled a small town. disappointed that my Republican colleagues now provides the area with five Alcoholics The incorporation of Shutesbury in 1761 al- continue to dismiss renewable sources of en- Anonymous meetings a week, a Parish ergy as part of the solution. The renewable lowed residents to expand their community to Wellness Center, a hot meal program which energy sector has the potential to support include a church and public library. The town serves the community twice a month, and hundred of thousands of jobs while reducing has grown to now include over 1,700 people countless other civic organizations and greenhouse gas emissions. The number of while maintaining the charm and civility that projects. jobs in the solar industry, for example, dou- Shutesbury has continually represented. Mr. Speaker and colleagues, please join me in honor of Reverend Thomas O’Donnell, a bled from 2009 to 2010. However, in the Fis- Shutesbury continues to thrive in western hardworking, heartfelt individual who has de- cal Year 2012 Energy and Water Sub- Massachusetts as a rural community amidst committee Appropriations bill, Republicans voted his life so tirelessly to God and his com- burgeoning cities. The promise of this town is have proposed draconian cuts to programs munity. that focus on energy efficiency research and rooted in its commitment to protecting natural f resources and recognizing the capacity of for- renewable sources of energy such as solar PERSONAL EXPLANATION and wind. The proposed cut of $1.895 billion ests, streams and rural communities for future to the Department of Energy’s Energy Effi- generations to enjoy. ciency and Renewable Energy program is sim- HON. TIM MURPHY On the occasion of the 250th anniversary of OF PENNSYLVANIA ply unacceptable. These cuts to alternative en- the town of Shutesbury, Massachusetts, I con- IN THE HOUSE OF REPRESENTATIVES ergy programs and the numerous pro-Big Oil gratulate its citizens and praise their dedica- bills, such as H.R. 2021, that have been intro- Thursday, June 23, 2011 tion and perseverence throughout the town’s duced in the 112th Congress indicate that the Mr. MURPHY of Pennsylvania. Mr. Speaker, Republicans do not support a comprehensive history. I look forward with enthusiastic sup- on rollcall No. 478, I was unavoidably de- solution to rising gas prices, ending America’s port as we continue together to work toward a tained. Had I been present, I would have foreign dependence on oil, and creating jobs. prosperous future. voted ‘‘aye.’’

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

VerDate Mar 15 2010 04:30 Jun 24, 2011 Jkt 099060 PO 00000 Frm 00001 Fmt 0626 Sfmt 0634 E:\CR\FM\A23JN8.001 E23JNPT1 pwalker on DSK5TPTVN1PROD with REMARKS E1172 CONGRESSIONAL RECORD — Extensions of Remarks June 23, 2011 HONORING HUGHSON POLICE Chief Rasmussen has been an outstanding important role in promoting excellence among CHIEF JANET RASMUSSEN and highly effective Police Chief whose quiet palliative nursing professionals through evi- and steady leadership is an excellent example dence-based educational tools, specialty re- HON. JEFF DENHAM to us all of how to serve humanity. sources, visionary collaboration, and profes- OF CALIFORNIA Mr. Speaker, please join me in honoring and sional networking. The important role that IN THE HOUSE OF REPRESENTATIVES commending the outstanding contributions these nurses play in the lives of individuals Thursday, June 23, 2011 made to law enforcement and the Hughson and their families is worthy of celebration, and Community by Chief of Police Janet Ras- I add my voice to those honoring the organiza- Mr. DENHAM. Mr. Speaker, I rise today to mussen and hereby wish her continued suc- tion’s 25 years of service. acknowledge and honor Hughson Police Chief cess in her retirement. As my colleagues may know, nurses now Janet Rasmussen, who rose through the ranks f comprise the largest group of health profes- to become the County of Stanislaus and the sionals with approximately 2.9 million pro- City of Hughson’s First Female Chief nearly 7 THE INTERRELIGIOUS TASK viders offering essential care to patients in a years ago, announced her retirement as of FORCE ON CENTRAL AMERICA variety of settings, including hospitals, long- July 30, 2011; after serving in law enforce- term care facilities, community or public health ment for 36 years; and HON. DENNIS J. KUCINICH areas, schools, workplaces and home care. Chief Rasmussen started her law enforce- Nurses represent the public interest and not a ment career as a Volunteer Dispatcher-Clerk OF OHIO IN THE HOUSE OF REPRESENTATIVES special interest. The contributions made by the in April 1975, School Resource Officer and practice and science of nursing are significant, Matron-Dispatcher-Clerk in May 1976, and Thursday, June 23, 2011 and in collaboration with other healthcare pro- Dispatcher-Clerk in June 1977 through Janu- Mr. KUCINICH. Mr. Speaker, I rise today to fessionals, significantly improves the quality of ary 1982, Explorer Advisor in January 1979 honor the InterReligious Task Force on Cen- our nation’s health care system. Simply put, through January 1982; and Reserve Police of- tral America on the occasion of its 30th anni- nurses are involved in every aspect of health ficer in January 1979 through January 1982; versary. care, including end of life care. The field of and Since its inception, the IRTF has strived to hospice and palliative care nursing is instru- Janet Rasmussen continued her career promote peace, justice, human rights, and mental in treating the person and taking into serving in the Tulare County Sheriffs Depart- nonviolence in Central America by raising account the medical, social, psychological, ment, hired by the Corcoran Police Depart- awareness in Northeast Ohio. It has constantly and spiritual needs of a patient and their fam- ment in 1976, Tulare Police Department in sought out policies that support anti-militarism, ily at the end of life. This key field of nursing 1977, Tulare Sheriff’s Department in 1982; environmental human rights, economic justice, emphasizes quality of life at life’s end, and for and the Stanislaus County Sheriff’s Depart- that I am grateful. Hospice is a covered ben- ment in 1991; while attending College of the ending the exploitation of labor, and the pro- efit under Medicare, Medicaid, and most pri- Sequoias and receiving her Associates of motion of fair trade in Central America. vate insurance plans. I applaud HPNA,for edu- Science in Criminal Justice in 1981, becoming In 1987, the IRTF started the Rapid Re- cating families and the public regarding these a P.O.S.T Graduate in 2002, and completing sponse Network for Human Rights, which al- important considerations and care options. her Bachelors of Science program in 2006; lowed volunteers to write letters in order to protest urgent human rights abuses. Originally Again, I commend the work, dedication and and commitment of the hospice and palliative care Janet Rasmussen was selected as the First conceived to respond to human rights abuses nurses and the HPNA to improve the quality of Woman Narcotics Detective in Tulare County in Guatemala, this service is currently avail- life for individuals and their families at the end and First Woman Sergeant to serve in patrol, able for all Central American nations and Co- of life. I look forward to continuing to work with the First Female selected in Stanislaus County lumbia. Sheriffs Department, the First Woman Instruc- The IRTF has also worked to expose the my fellow nurses in this important field as well tor for Stanislaus County Sheriffs Department negative effects of globalization in Central as the critical patient population and families at the Ray Simon Regional Training Center America. These effects include ecological de- that they serve. Police Academy for Firearms, Weaponless struction, privatization of utilities and other f Defense, Expandable Baton, Oleoresin Cap- public services, a decrease in labor standards, HONORING RACHEL ANSZELOWICZ sicum; the First Woman Team Leader for a and the disruption of local populations by large Hostage Negotiation Team and in 2005 was multi-national corporations. Through its efforts HON. STEVE ISRAEL selected as the First Woman in Stanislaus to promote fair trade, Northeast Ohio is now one of the largest markets for fair trade coffee OF NEW YORK County Sheriffs Department serving as Chief IN THE HOUSE OF REPRESENTATIVES of Police for the City of Hughson; and in the United States. Allowed attendance only by invitation and Mr. Speaker and colleagues, please join me Thursday, June 23, 2011 through an extensive nomination process she in honoring the InterReligious Task Force on Mr. ISRAEL. Mr. Speaker, I rise today to was the 2nd Woman in Stanislaus County to Central America, an organization whose poli- commend an extraordinary constituent of attend the FBI National Academy graduating cies work to improve conditions for the op- mine, Rachel Anszelowicz. in 2007, whereby only 12,000 women out of pressed peoples in Central America, on the Rachel visited my office recently to tell me 39,000 attended the academy since its incep- occasion of its 30th anniversary. about how difficult it is to live with type 1 dia- tion in 1935; and during the Chief’s tenure in f betes. She told me about the painful glucose Stanislaus County, Criminal and gang activity monitors and burdensome insulin pumps that remained at a level that placed Hughson as 25TH ANNIVERSARY OF HOSPICE she and other children with juvenile diabetes one of the safest communities in the AND PALLIATIVE CARE NURSES use to manage their disease. And, she told Stanislaus County compared to communities ASSOCIATION me about her increased risk as an adult for, in the area; and among other ailments, kidney failure and heart Chief Rasmussen was very active in various HON. CAROLYN McCARTHY disease. As a 2011 Children’s Congress dele- organizations and extended her service to so- OF NEW YORK gate from the Juvenile Diabetes Research ciety by participating and volunteering in var- IN THE HOUSE OF REPRESENTATIVES Foundation, Rachel spoke with a poise and ious organization such as serving as Gov- Thursday, June 23, 2011 maturity beyond her 13 years. erning Board Member—Stanislaus County As- In her fight with the disease, Rachel is not sociation of Law Enforcement Executive; Joint Mrs. MCCARTHY of New York. Mr. Speak- alone. As many as twenty-six million Ameri- Powers Advisory Board Member for the er, as a nurse of many years, I rise today to cans have diabetes, which ultimately accounts Stanislaus County Drug Enforcement Agency; extend my sincere congratulations to the Hos- for $174 billion in health care costs in the Advisory Board Member for the Stanislaus pice and Palliative Care Nurses Association United States, and twenty-two percent of hos- County Domestic Preparedness Task Force (HPNA) on the occasion of its 25th anniver- pital inpatient days. If we are to bring down and Joint Board Member for the Office of sary (1986–2011). Representing nearly 10,000 this country’s rising health care costs, then Emergency Services Operational Area County; members across the United States, HPNA is new cost effective and high quality treatments and a Member of the FBI National Academy now the nation’s largest and oldest profes- for chronic diseases like diabetes will be a crit- Association; receiving AAA Auto Theft Recov- sional nursing organization dedicated to pro- ical part of that effort. ery Award; and the Excellence in Law En- moting excellence in hospice and palliative Research by the Juvenile Diabetes Re- forcement and Public Safety Award. nursing care. Since 1986 HPNA has played an search Foundation and other clinical experts

VerDate Mar 15 2010 04:30 Jun 24, 2011 Jkt 099060 PO 00000 Frm 00002 Fmt 0626 Sfmt 9920 E:\CR\FM\A23JN8.004 E23JNPT1 pwalker on DSK5TPTVN1PROD with REMARKS June 23, 2011 CONGRESSIONAL RECORD — Extensions of Remarks E1173 has indicated that an artificial pancreas could sions Reduction Act, DERA, of 2010, which tions and contributions of Slovenian Ameri- be a potentially transformative tool to manage was passed in the 111th Congress. DERA cans to our community. type 1 diabetes. By automatically controlling provides economic incentives to retrofit com- This year’s celebration of Slovenian State- blood glucose levels, it would drastically im- mercial diesel engines, making them cleaner hood Day begins with a reception at the Slo- prove the quality of life for those like Rachel and more efficient without threatening trade. venian Museum and Archives where a special Anszelowicz who struggle daily with the dis- Instead of letting offshore drillers pollute more, exhibit depicting the role of Americans of Slo- ease. we should focus on technologies and proce- venian heritage that worked to gain independ- There is currently no ‘‘quick-fix’’ or lasting dures that lessen their environmental impact. ence will be on display. Later in the evening solution for type 1 diabetes. There is no cure. I believe that, in the wake of the Deepwater the city of Cleveland Mayor Frank Jackson So, for Rachel and my other constituents with Horizon disaster, offshore oil drillers should be and Councilmen Michael Polensek and Joe juvenile diabetes, I will continue to support the held to the highest standards. To this end, I Cimperman will host an event that will feature research necessary to translate these and will soon introduce the Securing Health for musical performances by Raine Austen and other innovations from lab tested to in daily Ocean Resources and Environment, SHORE, the Men’s Chorus Mi smo Mi. use by patients. Act, which will ensure that offshore drilling op- Mr. Speaker and colleagues, please join me f erations prepare comprehensive disaster miti- in honor and recognition of the 20th anniver- gation and clean-up plans before they ever sary of Slovenian Statehood. Slovenia has JOBS AND ENERGY PERMITTING begin operations. grown in many facets over the years and ACT OF 2011 Under H.R 2021, the weak regulations the should be recognized for its prosperity. Republicans are attempting to establish would f SPEECH OF not even be in effect until ‘‘the period between IN HONOR OF FATHER MARTIN HON. LAURA RICHARDSON when drilling commences at a location and MORONEY OF CALIFORNIA when drilling ends at that location.’’ Support IN THE HOUSE OF REPRESENTATIVES vessels, which produce the majority of emissions at these sites, would not have to apply HON. DORIS O. MATSUI Wednesday, June 22, 2011 OF CALIFORNIA any pollution controls or be factored into envi- IN THE HOUSE OF REPRESENTATIVES The House in Committee of the Whole ronmental impact statements. These provi- House on the State of the Union had under sions will effectively prevent the EPA and Thursday, June 23, 2011 consideration the bill (H.R. 2021) to amend state authorities from addressing serious Ms. MATSUI. Mr. Speaker. I rise today in the Clean Air Act regarding air pollution sources of pollution from offshore oil and gas from Outer Continental Shelf activity: recognition of Father Martin Moroney. He has sites. served as a pastor in Northern California and Ms. RICHARDSON. Madam Chair, I rise in In addition to recklessly cutting critical safe- the Sacramento area since he came to this opposition to H.R. 2021, the incorrectly named guards to air pollutants, this legislation will re- country in 1967. As his friends and family cel- Jobs and Energy Permitting Act of 2011, move any authority for EPA’s Environmental ebrate his retirement, I ask my colleagues to which, aside from creating no jobs, merely Appeals Board to review permit decisions for join me in thanking him for his dedication and permits major offshore oil companies to skirt offshore exploration activities. Stakeholders leadership. reasonable clean-air standards, leading to who wish to challenge an EPA permit would Born in County Clare in western Ireland, Fa- greater health hazards and a poisoned envi- have to do so through costly litigation through ther Moroney grew up in a small town on his ronment for my constituents in California and the DC Circuit Court of Appeals. Furthermore, family’s farm. He loved the countryside of Ire- others living on America’s coastlines. it cuts down the time allotted for public review land, but later felt very much at home in Under the Clean Air Act of 1990, large, off- and places similar time constraints on state Northern California and the Sacramento area’s shore projects that emit more than 250 tons of and local hearing boards. cities and open spaces. an air pollutant are subject to pre-construction In summary, this destructive bill would re- Father Moroney spent his 12 twelve years in air pollution permits, just like any on-shore in- move basic safeguards to toxic pollutants and the United States as an assistant pastor in stallation, such as a factory. Oil rigs and their restrict procedures used to challenge oil com- several parishes, beginning with St. Mel’s in support ships are subject to regulations based panies who drill in sensitive areas. There are Fair Oaks and St. Anthony’s in Mt. Shasta. In on the amount of pollution they distribute into similar operations going on just off shore from 1970 he moved to St. Theresa’s in South Lake the air and the surrounding ocean. my district, and I cannot tell my constituents Tahoe, and 6 years later he began to serve at H.R. 2021 declares that pollution regulations that I sat idly by while Congress allowed more Sacred Heart in Sacramento. In 1978 he shall apply ‘‘solely with respect to the impacts toxic substances to fill our air and threaten our transferred to All Hallows on 14th Avenue. in the corresponding onshore area.’’ This environment. I urge my colleagues to vote for As Father Moroney gained experience in means that the ocean and all the area from the health of the American people and oppose these welcoming parishes, he began to take the oil rig to the breakers will not be properly this legislation. on larger responsibilities. He became pastor of taken into account when a company prepares f St. John’s in Quincy; there he led his own par- its environmental impact reports. Near-shore ish as well as nearby Greenville’s mission areas with extensive human activity such as IN HONOR OF THE 20TH ANNIVER- church. For 12 years, he happily served as fishing and boating sites will not matter. Com- SARY OF SLOVENIAN STATE- spiritual leader for these two Plumas County panies will be regulated according to how HOOD communities. much they pollute at long distances, allowing In 1993, Father Moroney was asked to them to pump more toxins into the air. HON. DENNIS J. KUCINICH move to Rancho Cordova, where he has re- We all know that air pollution contributes to OF OHIO mained as pastor up until his retirement. The adverse health effects and environmental deg- IN THE HOUSE OF REPRESENTATIVES St. John Vianney parish in Rancho Cordova radation. Nowhere is this more obvious than in was very welcoming and quickly grew to love my home state of California where toxic air Thursday, June 23, 2011 and respect him as their pastor. Father pollution is consistently linked to cancer and Mr. KUCINICH. Mr. Speaker, I rise today in Moroney has dedicated his work and service birth defects. According to the Environmental honor and recognition of the 20th anniversary to guide the church’s followers for 18 years. Protection Agency, the City of Los Angeles, of Slovenian Statehood. I am also pleased to During that time he has reached out to the where my 37th Congressional District is lo- be joined by the Consul General of the Re- Hispanic community and launched a program cated, has some of the highest levels of can- public of Slovenia, Mr. Jure Zmauc, his wife, of Spanish-language masses. Furthermore, he cer-related toxic air pollutants in the country. Mrs. Janja Zmauc, and Dr. Bostjan Zeks, Min- recently oversaw the addition of monthly Indo- The Clean Air Act itself was a direct response ister for Slovenes Abroad, to celebrate Slove- nesian-language masses to celebrate the In- to the issues of air quality in major American nian Statehood Day. donesian community in the area. cities such as Los Angeles, and I cannot sup- The twenty-fifth of June is Slovenian State- When Father Moroney first came to St. John port a bill that undoes efforts which have im- hood Day, an annual celebration of Slovenia’s Vianney’s, the church had a $200,000 debt. proved the quality of life for so many of my independence and the sovereignty it gained in As he retires, Father Moroney is happy to re- constituents. 1991. It is a commemoration of the struggles port that the debt has been completely paid As a member of the Committee on Trans- and triumphs of the people of Slovenia. It also off. He is also ecstatic that the church’s school portation and Infrastructure representing a serves as an opportunity for residents of fund has grown so much that the interest major port city, I authored the Diesel Emis- northeast Ohio to celebrate the customs, tradi- earned is helping support the school.

VerDate Mar 15 2010 04:30 Jun 24, 2011 Jkt 099060 PO 00000 Frm 00003 Fmt 0626 Sfmt 9920 E:\CR\FM\A23JN8.006 E23JNPT1 pwalker on DSK5TPTVN1PROD with REMARKS E1174 CONGRESSIONAL RECORD — Extensions of Remarks June 23, 2011 Father Moroney’s retirement marks the end transparent or timely information to evaluate bring a better life to its citizens. I have always of almost half a century’s dedication to helping the reality of TSS today. valued his wise counsel. others. He has made important contributions This legislation is necessary to provide In his terms in office, Mayor Addy has ap- to every parish that he worked in, and helped women with accurate information about the plied his wealth of knowledge. As a professor, countless individuals find their way. His lead- safety of tampons and to increase awareness he knows the common thread of American his- ership will be sorely missed from the Sac- about the risk of TSS. tory and how lessons learned in the past are ramento area and beyond, though his convic- f often repeated in the future. As a teacher and tion and dedication will be remembered for a former assistant principal, he applied his ability long time by the people he encountered RECOGNITION OF THE 250TH ANNI- to build relationships and mentor those who across the state. VERSARY OF THE TOWN OF will follow in his footsteps, especially the Mr. Speaker, I stand today to honor Father BELCHERTOWN, MASSACHU- younger generation. And finally as a product Moroney, who has been an exceptional com- SETTS of a childhood in a neighborhood of Baltimore, munity leader. He has devoted his life to serv- he brought the idea of working for a better ing and to assisting those around him. I ask all HON. JOHN W. OLVER community and a greater good. my colleagues to join me in wishing Father OF MASSACHUSETTS Mayor Addy, I hope that you enjoy your time Moroney the best as he retires. IN THE HOUSE OF REPRESENTATIVES out of public service. I know you will continue f Thursday, June 23, 2011 to teach and affect the young lives that you so believe in. I know that you will continue to be INTRODUCTION OF THE ROBIN Mr. OLVER. Mr. Speaker, on June 30, involved in all aspects of Harpers Ferry and its DANIELSON ACT 1761, the town of Belcher’s Town, Massachu- future. setts, was incorporated by the colonial Gov- You have done a great job. I wish you the HON. CAROLYN B. MALONEY ernor of the Commonwealth of Massachusetts, very best. OF NEW YORK Sir Francis Bernard. The town is named for f IN THE HOUSE OF REPRESENTATIVES Jonathan Belcher, colonial Governor of the Province of Massachusetts Bay from 1730 AMERICA INVENTS ACT Thursday, June 23, 2011 until 1741. After 250 years of development Mrs. MALONEY. Mr. Speaker, as a long- and innovation, Belchertown continues to pro- SPEECH OF time advocate of women’s health, I am proud mote civility and cooperation amongst its citi- HON. MIKE PENCE to reintroduce the Robin Danielson Act, legis- zens. OF INDIANA lation that would address the unanswered Overlooking the Connecticut and Quaboag IN THE HOUSE OF REPRESENTATIVES health concerns regarding the safety of tam- Valleys, Belchertown has long been a town pons. Given the sheer number of women who connected to the thoroughfares passing Wednesday, June 22, 2011 use these products and the potential cumu- through the area. Many of the original build- The House in Committee of the Whole lative adverse effects, it is time women have ings were taverns to accommodate travelers; House on the State of the Union had under definitive answers about the potential risk however, the first railroad in 1850 allowed consideration the bill (H.R. 1249) to amend these products pose to their health. greater diversity in the town’s commercial entitle 35, United States Code, to provide for Today, approximately 73,000,000 women in deavors. In the past century, Belchertown has patent reform: the United States use tampons made of cotton continued to prosper while maintaining the Mr. PENCE. Madam Chair, I rise in support and rayon and the average woman may use community-oriented charm familiar to most of of H.R. 1249, the America Invents Act, which as many as 16,800 tampons in her lifetime. western Massachusetts. is a carefully-crafted compromise that will Rayon is a synthetic fiber produced from The commitment to volunteerism and com- modernize our nation’s patent laws to allow for bleached wood pulp. During this process, munity service is traced throughout greater innovation, economic growth and job dioxin, a probable cancer-causing agent, is Belchertown’s history. Its citizens stand as an creation. created. Although chlorine-free bleaching proc- example of what hard work and resolve can Years of hard work have gone into this bill. esses are available, most wood pulp manufac- accomplish, as evidenced by the formidable I would like to congratulate and thank Chair- turers use elemental chlorine-free bleaching carriage industry in the early 1800s, the town’s man SMITH and Rep. GOODLATTE for their processes, which continue to produce dioxin. first library in 1887, the development of leadership and diligence. Due to a lack of access to timely and com- Quabbin Reservoir in 1927, and the brave The Constitution vests in Article I, Section 8, prehensive information, most women are not service of numerous citizens in every U.S. war clause 8, the power to Congress to ‘‘promote fully aware of the potential risks associated except the War of 1812. the Progress of Science and useful Arts, by with use of the mainstream product. Dioxins in On the occasion of the 250th anniversary of securing for limited Times to . . . Inventors tampons and TSS are serious women’s health the town of Belchertown, Massachusetts, I the exclusive Right to their . . . Discoveries.’’ concerns that have not been adequately mon- congratulate its citizens and praise their dedi- Our patent laws were written nearly sixty itored, analyzed, or reported. cation and perseverance throughout the years ago, and it is time to update them to ac- Like thousands of others, Robin Danielson, town’s history. I look forward with enthusiastic count for changes in our modern economy. It whom the bill is named after, was the victim support as we continue to work together for a is Congress’s power and responsibility to do of Toxic Shock Syndrome (TSS), a rare but prosperous future. so, especially with the problems that are evi- potentially life-threatening illness that is often f dent with the patent system today. linked to high-absorbency tampon use. Rob- And not doing so will cost our country even in’s death could have been prevented if only HONORING JAMES ADDY more jobs. Patent reform is about jobs be- she had recognized the symptoms. Even cause intellectual property, like other forms of today, many women are not fully aware of the HON. SHELLEY MOORE CAPITO private property, is a pillar of economic pros- risks of tampon use or TSS. This legislation OF WEST VIRGINIA perity. Part of creating a pro-growth environ- would direct the National Institutes of Health IN THE HOUSE OF REPRESENTATIVES ment in this country includes modernizing our (NIH) to conduct research to determine the ex- patent laws. tent to which the presence of dioxin, synthetic Thursday, June 23, 2011 I have heard about the need for moderniza- fibers, and other additives in tampons and re- Mrs. CAPITO. Mr. Speaker, I rise to recog- tion from countless Hoosier business leaders, lated products pose any health risks to women nize and honor, James Addy, the mayor of patent holders and entrepreneurs. Indiana has and asks the Centers for Disease Control Harpers Ferry, West Virginia. Mayor Addy will a long tradition of leadership in the life (CDC) to collect and report information on retire this month after 10 successful years in sciences and medical industry. Indiana also Toxic Shock Syndrome (TSS). the mayor’s office. Jim has been Mayor since has a robust university research system, grow- According to the Center for Disease Control 2001 and is a professor of social studies at ing tech industry and, of course, a manufac- and Prevention, one to two of every 100,000 Bowie State University, where he teaches turing industry that grows more high-tech with women between the ages of 15–44 years old courses in American history. He has served a each passing year. will be diagnosed with TSS each year. Yet, stalwart career as a public official and has These and many other sectors of the Hoo- the last national surveillance was conducted in worked relentlessly to improve his community. sier economy will benefit from the reforms in 1987 and reporting of TSS by the states is Mayor Addy brought an honest and clear vi- this bill. When inventors and entrepreneurs voluntary. It is clear we do not have enough sion to Harper’s Ferry where he has worked to are able to protect their inventions and speed

VerDate Mar 15 2010 04:30 Jun 24, 2011 Jkt 099060 PO 00000 Frm 00004 Fmt 0626 Sfmt 9920 E:\CR\FM\A23JN8.008 E23JNPT1 pwalker on DSK5TPTVN1PROD with REMARKS June 23, 2011 CONGRESSIONAL RECORD — Extensions of Remarks E1175 them to market, it creates jobs not only for re- American Pharmacists Association Foundation novation and inspiration have made a tremen- searchers and inventors, but also for factory (APhA). dous contribution to our community and to the workers, distributors, sales associates, and Dr. Baron, who is now celebrating his 52nd nation, and I extend to him my best wishes for marketing teams to name a few. year in the pharmacy profession, ranks as a many more successful years ahead. This bill will ensure that newly-issued pat- practice pioneer, an educational futurist and a f ents will be strong, high-quality patents that regional force in meeting the pharmacy needs have gone through rigorous review. It will of our community. He has been a visionary in YORK RIVER WILD AND SCENIC modernize the U.S. Patent and Trademark Of- establishing pharmacy as part of the solution RIVER STUDY ACT OF 2011 fice to reduce the current backlog of more in meeting the health-care needs of Southern than 700,000 patent applications, and it will California’s 2.7 million uninsured residents. Dr. HON. CHELLIE PINGREE ensure that the PTO, with proper congres- Baron is a recognized leader in providing ex- OF MAINE sional oversight, is able to retain the fees it panded pharmacy services in safety-net clinics IN THE HOUSE OF REPRESENTATIVES collects to fund its operations. Finally, this pat- that increase the number of patients served Thursday, June 23, 2011 ent reform bill will go a long way towards while also providing better and more cost-effi- eliminating the lawsuit abuse that has become cient care. His pioneering effort to secure Ms. PINGREE of Maine. Mr. Speaker, the so prevalent in recent years. USC’s first funding grant for clinical pharmacy York River in Maine is the cultural and eco- Of personal interest to me, I am pleased practice in safety-net clinics earned the School nomic heart of the York River watershed com- that the bill before us incorporates the of Pharmacy the APhA Pinnacle Award for munity. Standing on the banks of the river, I changes to best mode that I obtained during Group Practice, the American Society of heard from community members about what the 2007 patent reform debate and floor vote. Health-System Pharmacists’ (ASHP) Best the river means to them and how they have American patent law currently requires that Practices Award and the American Association pulled together to protect this waterway. I also a patent application ‘‘set forth the best mode of Colleges of Pharmacy’s (AACP) Trans- heard from the community about how the York contemplated by the inventor of carrying out formative Community Service Award over the River needs additional protections from in- his invention’’ at the time the application is past few years. creasing development pressures. The bill that filed. But providing the best mode is not a re- Furthering his efforts to address the needs I am introducing today commissions a feasi- quirement in Europe, Japan or the rest of the of underserved populations in Southern Cali- bility study which will provide a comprehensive world and it has become a vehicle for lawsuit fornia, Dr. Baron has produced a series of overview of the river and will evaluate whether abuse. Spanish and English fotonovelas (comic book- the York River qualifies as a Wild and Scenic In my view, the best mode requirement of like pamphlets) on medication compliance, di- Partnership River within the National Park American law imposes extraordinary and un- abetes, folic acid, depression, dementia, pedi- Service’s Wild and Scenic Rivers System. necessary costs on inventors. I have main- atric asthma and childhood obesity. Recog- Watching two York River lobstermen tie up tained since 2007 that best mode should be nizing the lack of culturally sensitive health in- their boat, I wouldn’t have guessed that the repealed in full, and I would continue to sup- formation on these topics, Dr. Baron obtained York River area is on the northern fringe of port a full repeal if possible today. grant funding to produce them. Through these the Boston megalopolis in terms of population But, at the very least, I am pleased that the materials, he has extended the reach of phar- and development pressures. The towns of bill before us, like my amendments from 2007, macy expertise tremendously and offered vital York, Eliot, Kittery, and South Berwick recog- only retains best mode as a specifications re- information to the residents I represent in East nize that without additional knowledge and quirement for obtaining a patent. Once the ex- Los Angeles. These fotonovelas have now management tools, the river’s unique cultural, aminer is satisfied that the best mode has been distributed across the country. In addi- recreational, commercial, and natural re- been disclosed, the issue is settled forever. tion to the print versions, local actors have sources will be threatened. Support for the Going forward, best mode cannot be used as done theatrical readings of them at health fairs York River Study Bill was the result of a part- a legal defense to infringement in patent litiga- in Los Angeles. Currently, he is also leading nership between the local environmental com- tion or a basis for a post-grant review pro- an effort to produce a DVD series for prospec- munity, a local land trust, support from the ceeding. tive transplant patients and their families. state, and, most importantly, support from an The America Invents Act will enable Amer- Earlier in his career, Dr. Baron worked in his entire community of Mainers with the foresight ica to continue to be the world’s leader in in- own medical-building pharmacy. In the 1970s, to recognize the value of the river to the busi- novation. It will lay the groundwork for intellec- he grew his business into a vibrant home-care ness community. tual property protection that will help grow our pharmacy that met the pressing needs of pa- The York River is located in southern Maine economy and create jobs both in the Hoosier tients struggling to live in a health-care envi- and runs 11.25 miles from the York Pond in state and across the nation. ronment with limited resources. At a time Eliot to the mouth of the river harbor in the After so many years, I am encouraged that when home-care pharmacy services were in town of York. On its way from the land to the we are on the cusp of passing this bill out of their infancy, Dr. Baron had the vision to use sea, this river passes by farms, old mills that the Congress and sending it to the president. pharmacist expertise in the home-care setting date back to the 1600s, wharves and ware- I urge my colleagues to support the America to meet the needs of these patients. houses from the 1700s that tell the story of Invents Act today. Dr. Baron also approaches his teaching with Maine’s rich fishing heritage, public boat f excellence in mind. He originated externships launches, working waterfronts, and rec- for USC pharmacy students back in the reational spots for lunching, fishing and HONORING PROFESSOR MEL 1980s—long before most pharmacy students kayaking. There have been concerted and BARON ON THE OCCASION OF HIS were doing any clinical work in the early years successful efforts over the past ten years by RECEIPT OF THE PINNACLE of their curriculum. Dr. Baron recognized the the York Land Trust and the Mount AWARD FROM THE AMERICAN wisdom of exposing pharmacy students to Agamenticus to the Sea Conservation Initiative PHARMACISTS ASSOCIATION clinical settings early and often in their edu- to protect land in the watershed. These efforts FOUNDATION IN RECOGNITION cational careers. Dr. Baron also has made it a have included preserving historic waterfront OF HIS PIONEERING WORK TO priority to teach an annual course on leader- access, preventing the subdivision of farms, ADDRESS THE PHARMACY ship to pharmacy students. and restoring habitat. NEEDS OF UNDERSERVED COM- Clearly, Dr. Baron has been at the forefront Listed as a Priority Coastal Watershed by MUNITIES of the most pressing issues of pharmacy the Maine Department of Environmental Pro- today. Through hard work, Dr. Baron’s long tection, the York River watershed encom- HON. LUCILLE ROYBAL-ALLARD and vibrant career has been marked by pio- passes a wide diversity of habitats and eco- OF CALIFORNIA neering foresight and vision. In addition, his logical communities that support species in- IN THE HOUSE OF REPRESENTATIVES work has inspired students and served those cluding the wild brook trout, the Atlantic Salm- in our community who are most vulnerable on, the New England Cottontail, and Maine Thursday, June 23, 2011 and in need. endangered species, such as the Eastern Box Ms. ROYBAL-ALLARD. Mr. Speaker, I rise Mr. Speaker, I ask my colleagues to please Turtle. Birders come to the York River to see today to honor Professor Mel Baron of the join me in congratulating Dr. Baron on his re- exceptional varieties of birds including the University of Southern California School of ceipt of the Pinnacle Award and in thanking threatened Harlequin Duck, which is seldom Pharmacy upon his receipt of the Pinnacle him for his half-century of exceptional service seen from shore anywhere in Maine except Award for Individual Achievement by the to our community. His tireless leadership, in- York County, as well as other species that call

VerDate Mar 15 2010 04:30 Jun 24, 2011 Jkt 099060 PO 00000 Frm 00005 Fmt 0626 Sfmt 9920 E:\CR\FM\K23JN8.004 E23JNPT1 pwalker on DSK5TPTVN1PROD with REMARKS E1176 CONGRESSIONAL RECORD — Extensions of Remarks June 23, 2011 the York River home, like great blue herons, and understanding of human health as well as founder of various Cuban-American organiza- bald eagles and ospreys. to provide valuable information resources for tions, Ninoska has gained the respect of nu- The York River is also a classroom for medical research. Whether it is serving to fa- merous exiled communities residing in South young environmentalists—a place where stu- cilitate advances in medical technology, em- Florida. dents actively learn about the values and ecol- powering the public to play an active role in Ninoska symbolizes the American dream ogy of the river habitat through forward-looking managing health and health care, developing and is testament to what can be accomplished environmental curricula developed by the pub- groundbreaking electronic health records, or through hard work and dedication. For over 25 lic schools. In addition to its value as a natural responding to national emergencies with dis- years, she has developed professionalism in setting for young and old learners alike, the aster management research, the National Li- her work as a journalist and is now one of the river also serves as a recreational center. The brary of Medicine is the world’s most trusted most recognized personalities in radio, tele- waterways of the York River provide fishing resource for health information and innovation. vision and print media. She currently produces grounds for residents and visitors who fish for This historic anniversary is an opportunity to and directs the program Ninoska Mambi on striped bass and flounder, and the river is in- recognize the valuable contributions the Na- the emblematic Spanish radio station Radio creasingly used for sailing, canoeing, and tional Library of Medicine has made to sci- Mambi. In addition to her continued journalistic kayaking. entific discovery, health care delivery, and success, Ninoska is also a talented artist. Her But, the York River is more than a beautiful public health response. It is with great honor artwork portrays her undying love of Cuba and place with abundant natural resources. It is that I congratulate the National Library of Med- has been displayed in many galleries. also a place where people are making their icine on 175 years of excellence in medical As a lover of freedom and democracy, living. Small fishing operations carry on trades and health information and look forward to Ninoska defends the United States with the that have been practiced on the river for hun- seeing the positive effects its continuing inno- same dedication and passion as she does for dreds of years. Sections of the York River are vation will have in the future. Cuba. Ninoska, having immense passion, has never ceased to denounce the crimes and nationally recognized historic working water- f fronts, and continue to provide access to the abuses of totalitarian regimes. Her ideas and river for water-dependent businesses. Through HONORING NINOSKA PEREZ knowledge will be everlasting in the books she preservation of historic waterfront access CASTELLON has written. Mr. Speaker, I ask my colleagues to join me points such as Sewall’s Bridge, the York River in recognizing my dear friend, Mrs. Perez community has made it possible for local HON. MARIO DIAZ-BALART Castellon for her morals and principles, her lobstermen to continue to engage in a trade OF FLORIDA loyalty and love of Cuba, as well as her talent that has shaped and continues to define the IN THE HOUSE OF REPRESENTATIVES and dedication to our community of South spirit of Maine. And, the York River watershed Thursday, June 23, 2011 Florida. My most sincere appreciation and ad- is a place where farmers carry on Maine tradi- miration goes out to you, Ninoska Perez tion, growing pumpkins, potatoes and other Mr. DIAZ-BALART. Mr. Speaker, I rise today Castellon, you are a special person who has produce that keep Maine communities healthy. to recognize the work and accomplishments of dedicated a life both, personally and profes- These farmers face the same development a distinguished radio journalist, artist and community activist of South Florida, Ninoska Perez sionally, fighting for democratic principles and pressures that waterfront businesses do, and the liberty of Cuba. the York River community has made it pos- Castellon. sible for farms like Highland Farm to keep pro- Ninoska Perez Castellon is a prominent fig- f viding sustainable local food sources. ure among the exiled Cuban community and JOBS AND ENERGY PERMITTING Visitors come to the York River to enjoy its deserves our upmost respect for always pro- ACT OF 2011 unique recreational, scenic, and historic val- moting democracy and freedom. Ninoska was ues, and the York River community welcomes born in Havana, Cuba. At the age of nine, her SPEECH OF them and recognizes that preserving and family was forced to flee from communist Cuba, leaving Ninoska to begin a new life in HON. LAURA RICHARDSON maintaining this vibrant landscape is of critical OF CALIFORNIA the United States. Ninoska’s family began to economic importance. The York River commu- IN THE HOUSE OF REPRESENTATIVES nity’s investments in conservation have been transition to their new life by adapting to the Wednesday, June 22, 2011 substantial and have resulted in the preserva- American culture and language; nevertheless, tion of natural and historical aspects of the their roots were never forgotten. The House in Committee of the Whole river that draw visitors from throughout Maine Being raised and educated in Miami allowed House on the State of the Union had under consideration the bill (H.R. 2021) to amend and throughout the nation. This study bill will her to be close to her family who ingrained values and morals into Ninoska that hold true the Clean Air Act regarding air pollution be a vital means of continuing to support from Outer Continental Shelf activity: these important efforts so that the York River today. Her mother, Mrs. Rogelia Castellon has not only been a loving mother but has also Ms. RICHARDSON. Mr. Chair, I rise in can remain a community resource for future strong support of the Capps amendment to generations. been a fountain of knowledge and wisdom for her daughter. Rogelia is an intellectual and in- H.R. 2021. f I thank my colleague, the gentlelady from defatigable fighter for the liberty of Cuba. De- California for bringing this amendment to the COMMEMORATING THE 175TH ANNI- spite the tribulations she has endured, Rogelia VERSARY OF THE NATIONAL LI- floor. refuses to be discouraged. The Capps amendment corrects a glaring BRARY OF MEDICINE Learning perseverance from her mother, flaw in this legislation by maintaining the rights Ninoska completed her studies at Miami-Dade of states who have already been delegated HON. MICHAEL C. BURGESS College and the University of Miami. At a very authority to continue to regulate and monitor OF TEXAS young age, Ninoska began her role as an ac- air pollution from offshore oil and gas oper- IN THE HOUSE OF REPRESENTATIVES tive leader against the tyranny of Castro’s ations that will ultimately affect their residents. communism. She has not only advocated for Thursday, June 23, 2011 H.R. 2021 seeks to degrade state permitting Cuba’s liberty on American soil but her mes- powers by cutting time frames, restricting cit- Mr. BURGESS. Mr. Speaker, today I rise to sage has reached many hearts and ears izen engagement, and shifting responsibilities commemorate the 175th anniversary of the around the world. Her voice has broken many back to the Environmental Protection Agency. National Library of Medicine. What began in barriers of an enslaved country living under I find it interesting that some of my col- 1836 as a small collection of medical books the most prolonged and cruelest dictatorship leagues who campaign on small government on a shelf in the library of the U.S. Army Sur- in the continent. have decided to fight regulation by stripping geon General is now the world’s largest bio- Ninoska and her husband, Roberto Martin authority from local agencies and handing it medical library. The National Library of Medi- Perez, tirelessly condemn each crime com- over to a federal bureaucracy! cine, part of the National Institutes of Health, mitted by the Castro regime. Roberto is an ex- Under the Clean Air Act, states have the is located in Bethesda, Maryland. emplary individual who experienced firsthand right to issue permits and regulate emissions Today, the National Library of Medicine is the horrors of Cuban prisons with courage and according to their own criteria, which either much more than a collection of books. The dignity for 28 long years. meet or exceed national standards. National Library of Medicine is dedicated to Ninoska’s profound knowledge and exper- States and localities should take the lead in the innovative use of communications and tise led her to testify before the U.S. Congress regulating pollution because they are most re- medical information to enhance public access as an expert witness on Cuban issues. As a sponsive to the concerns of their citizens and

VerDate Mar 15 2010 04:30 Jun 24, 2011 Jkt 099060 PO 00000 Frm 00006 Fmt 0626 Sfmt 9920 E:\CR\FM\K23JN8.006 E23JNPT1 pwalker on DSK5TPTVN1PROD with REMARKS June 23, 2011 CONGRESSIONAL RECORD — Extensions of Remarks E1177 familiar with the dynamics at work on the her retirement from the University of California area commensurate with the importance of ground. Cooperative Extension; and to thank her for World War I in the nation’s history; In my home state of California, cities such her dedicated, lifelong spirit of community Whereas, members of Congress and other as Los Angeles, where my 37th Congressional service. Americans desire to establish a commission to District is located, have struggled with air pol- Since joining the University of California Co- ensure a suitable observance of the World lution for decades. operative Extension in 1973, Jeanette has War I centennial; Thanks to the efforts of state regulatory been a leading advocate for nutrition and agri- Whereas, the National Park Service, the Na- agencies, such as the California Air Re- cultural education, working tirelessly to imple- tional Capital Memorial Advisory Commission, sources Board, the region has seen a marked ment nutrition education and youth develop- and the American Battle Monuments Commis- improvement in air quality and other environment programs throughout Fresno County. sion have specifically determined that either mental indicators. The number of air quality Jeanette began her career at the University adding a new National World War I Memorial alerts has fallen from over 200 per year in the of California Cooperative Extension in Fresno in the vicinity of the District of Columbia War 1970s to less than 10 per year today. County as the 4–H Advisor. She later took Memorial or re-designating the District of Co- For 17 years, the Air Resources Board has over the role of Nutrition, Family and Con- lumbia Memorial as a National World War I regulated and monitored oil and gas oper- sumer Sciences Advisor where she focused Memorial would violate the Commemorative ations near my district. The standards they on providing nutrition education and access to Works Act: Be it therefore employ were developed over nearly 5 decades healthy nutrition for low-income families in Resolved that, the District of Columbia War of experience, and, most importantly, they re- Fresno County. In addition, she successfully Memorial should remain a memorial dedicated main directly accountable to the people and secured more than a half-million dollars in solely to the D.C. residents who served in communities of California. grants each year to fund multiple projects re- World War I; and, be it therefore Mr. Chair, I believe that if a state invests lated to nutrition and agricultural education. Resolved that, a proper location for a me- time and money towards establishing high Jeanette’s hard work in the Fresno County morial dedicated to all Americans who served standards and creating innovative solutions to agriculture industry is deeply valued by those in World War I shall be determined; and, be it a problem, they ought to enjoy the full support who have worked with her. One of Jeanette’s therefore of the law. I urge my colleagues to support the Capps main focuses was strengthening a nearly dec- Resolved that, Congress should authorize a amendment. ade long relationship between the University study or commission to determine a proper lo- of California Cooperative Extension and the cation for a memorial dedicated to all Ameri- f Fresno County Farm Bureau. President Brian cans who served in World War I. HONORING U.S. MERCHANT Pacheco commemorated Jeanette’s contribu- f MARINE tions to the Fresno County Farm Bureau, stating, ‘‘Jeanette’s expertise in nutrition edu- AMERICA INVENTS ACT cation, youth development and administration HON. TOM REED SPEECH OF OF NEW YORK has been an asset to the Fresno County Farm IN THE HOUSE OF REPRESENTATIVES Bureau, and her services will not be soon for- HON. CHRISTOPHER H. SMITH Thursday, June 23, 2011 gotten.’’ OF NEW JERSEY Beyond her work at the University of Cali- IN THE HOUSE OF REPRESENTATIVES Mr. REED. Mr. Speaker, I rise today to ac- fornia Cooperative Extension and Fresno Wednesday, June 22, 2011 knowledge the tremendous work accomplished County Farm Bureau, Jeanette has volun- by the U.S. Merchant Marine during World teered much of her time to philanthropic en- The House in Committee of the Whole War II. deavors. She currently serves as Chairperson House on the State of the Union had under Those who served on ships in the Merchant of the Board for the Trauma Intervention Pro- consideration the bill (H.R. 1249) to amend Marine risked their lives and welfare during gram, providing emotional aid and practical title 35, United States Code, to provide for patent reform: World War II to protect our country. Like our support to victims of traumatic events and other service members, the Merchant Marine their families in the hours following a tragedy. Mr. SMITH of New Jersey. Madam Chair, members served in both theaters of war. They Mr. Speaker, please join me in honoring for over two decades, USPTO has had an in- faced enemy fire, floating mines and other Jeanette Sutherlin on her retirement and wish- ternal policy that human beings at any stage dangerous conditions. Unfortunately the risks ing her the best of luck and health in her fu- of development are not patentable subject faced by these brave men have often been ture endeavors. matter under 35 U.S.C. Section 101. I com- forgotten. mend Chairman LAMAR SMITH for including in f Mr. Speaker, one of my constituents, the manager’s amendment to H.R. 1249, the Jacena Brahm, wrote me a letter to tell me SUPPORT OF A NATIONAL WORLD America Invents Act, a provision that will cod- about her husband, Vernon Lee Brahm, who WAR I MEMORIAL ify an existing pro-life policy rider included in served in the U.S. Merchant Marine. I’m proud the CJS Appropriations bill since FY2004. This to recognize Mr. Brahm and all the brave men HON. ELEANOR HOLMES NORTON amendment, commonly known as the Weldon who served in the Merchant Marine during OF THE DISTRICT OF COLUMBIA amendment, ensures the U.S. Patent and World War II. These men committed their lives IN THE HOUSE OF REPRESENTATIVES Trade Office, USPTO, does not issue patents to America’s cause by leaving their families that are directed to or encompassing a human and their homes and putting themselves in Thursday, June 23, 2011 organism. harm’s way to help win the war. I commend Ms. NORTON. Mr. Speaker, I submit the fol- Codifying the Weldon amendment simply these brave souls for all that they did to en- lowing: continues to put the weight of law behind the sure our freedom. The Merchant Marine Whereas, the year 2014 marks the centen- USPTO policy. helped lead us to victory. nial of World War I, often referred to as the This amendment and USPTO policy reflect The sacrifices of our veterans have been ‘‘Great War;’’ a commonsense understanding that no mem- appreciated throughout the history of our na- Whereas, the National Mall is home to me- ber of the human species is an ‘‘invention,’’ or tion, and that demonstration of respect should morials for America’s major 20th century con- property to be licensed for financial gain. Pat- not be denied to those in Merchant Marine flicts—the World War II Memorial, the Korean ents on human organisms commodify life and who also defended our nations’ interests in War Veterans Memorial, and the Vietnam Vet- allow profiteers to financially gain from the bi- World War II. erans Memorial, with the exception of a World ology and life of another human person. f War I Memorial; Codifying a ban on patenting of humans HONORING JEANETTE SUTHERLIN Whereas, the District of Columbia War Me- would not violate international obligations morial, managed by the National Park Service, under the TRIPs agreement with the WTO, in was dedicated to the more than 26,000 District which member countries can exclude from HON. JEFF DENHAM of Columbia residents who, without a vote in patentability subject matter to prevent com- OF CALIFORNIA Congress, served bravely in World War I, in- mercial exploitation which is ‘‘necessary to IN THE HOUSE OF REPRESENTATIVES cluding 499 who were killed; protect ordre public or morality, [and] to pro- Thursday, June 23, 2011 Whereas, a memorial dedicated to all Amer- tect human, animal or plant life.’’ (The Agree- Mr. DENHAM. Mr. Speaker, I rise today to icans who served in World War I should be lo- ment on Trade-Related Aspects of Intellectual acknowledge and honor Jeanette Sutherlin on cated in our nation’s capital, in a well-traveled Property Rights, Article 27, Section 5).

VerDate Mar 15 2010 04:30 Jun 24, 2011 Jkt 099060 PO 00000 Frm 00007 Fmt 0626 Sfmt 9920 E:\CR\FM\A23JN8.012 E23JNPT1 pwalker on DSK5TPTVN1PROD with REMARKS E1178 CONGRESSIONAL RECORD — Extensions of Remarks June 23, 2011 Even the European Union prevents patents Long-standing American patent and trademark Office (USPTO) against patenting on human embryos on the basis of morality mark policy states that human beings at any human beings. However, they oppose this and public order without conflicting with the stage of development are not patentable, amendment, saying it would have a far subject to matters under 35 U.S.C. section broader scope—potentially prohibiting pat- TRIPs agreement. (See Guidelines for Sub- 101. Though current policy would not issue ents on stem cell lines, procedures for cre- stantive Examination. European Patent Office. patents on human embryos, Congress has re- ating human embryos, prosthetic devices, Part C, Chapter IV, Section 4.5, iii (Rule 28c)) mained silent on this subject. Though this and in short almost any drug or product that 4.5 Biotechnological inventions amendment would not actually ban this might be used in or for human beings. In the area of biotechnological inventions, practice, it is about time that Congress The absurdity of these claims is apparent the following list of exceptions to patent- should simply reaffirm current U.S. patent when one compares the language of the ability under Art. 53(a) is laid down in Rule policy and ensure there is not financial gain amendment with the language of the current 28. The list is illustrative and non-exhaustive or ownership of human beings by those who USPTO policy that these groups claim to and is to be seen as giving concrete form to engage in these activities. support. the concept of ‘‘ordre public’’ and ‘‘moral- This amendment simply mirrors the cur- The House-approved amendment reads: ity’’ in this technical field. Under Art. 53(a), rent patent policy concerning patenting hu- ‘‘None of the funds appropriated or other- in conjunction with Rule 28, European pat- mans. The Patent Office has, since 1980, wise made available under this Act may be ents are not to be granted in respect of bio- issued hundreds of patents on living subject used to issue patents on claims directed to or technological inventions which concern: matter, from microorganisms to nonhuman encompassing a human organism.’’ (iii) uses of human embryos for industrial animals. It does not issue patents on human The current USPTO policy is set forth in or commercial purposes; The exclusion of the beings nor should it. Congress should reaf- two internal documents: uses of human embryos for industrial or firm this policy, and this amendment simply U.S. Patent and Trademark Office, ‘‘No- commercial purposes does not affect inven- accomplishes this by restricting funds for tice: Animals—Patentability,’’ 1077 Official tions for therapeutic or diagnostic purposes issuing patents on human embryos, human Gazette U.S. Pat. and Trademark Off. 8 which are applied to the human embryo and organisms. (April 21, 1987): are useful to it (EU Dir.98/44/EC, rec. 42). Congress should speak out, and I encourage ‘‘The Patent and Trademark Office now my colleagues to support this amendment. considers non-naturally occurring non- I also submit into the RECORD items from I would like to add, Mr. Chairman, that human multicellular living organisms, in- previous debate on the Weldon amendment this has no bearing on stem cell research or cluding animals, to be patentable subject that will add further clarification to the intent of patenting genes, it only affects patenting matter within the scope of 35 U.S.C. 101. . . . this important provision. human organisms, human embryos, human A claim directed to or including within its SPEECH OF HON. DAVE WELDON OF FLORIDA IN fetuses or human beings. scope a human being will not be considered THE HOUSE OF REPRESENTATIVES, JULY 22, Mr. OBEY. Mr. Chairman, will the gen- patentable subject matter under 35 U.S.C. 2003 tleman yield? 101. The grant of a limited, but exclusive property right in a human being is prohib- H. Admt. 286 Mr. WELDON of Florida. I yield to the gentleman from Wisconsin. ited by the Constitution. Accordingly, it is Departments of Commerce, Justice, and suggested that any claim directed to a non- State, the Judiciary, and Related Agencies Mr. OBEY. Mr. Chairman, I thank the gentleman for yielding to me. plant multicellular organism which would Appropriations Act, 2004—(House of Rep- include a human being within its scope in- resentatives—July 22, 2003) I think I heard the gentleman say this, but I want it repeated again so it is clear. Is the clude the limitation ‘non-human’ to avoid AMENDMENT OFFERED BY MR. WELDON OF gentleman saying that this amendment this ground of rejection.’’ FLORIDA would not interfere in any way with any ex- (This notice responded to the Supreme Mr. WELDON of Florida. Mr. Chairman, I isting patents with respect to stem cells? Court’s 1980 decision in Chakrabarty con- offer an amendment. Mr. WELDON of Florida. Reclaiming my cluding that a modified ‘‘microorganism,’’ a The CHAIRMAN pro tempore. The Clerk time, Mr. Chairman, I would respond that, bacterium, could be patented, and a subse- will designate the amendment. no, it would not. And I recognize that there quent decision by the USPTO’s own Board of The text of the amendment is as follows: are many institutions, particularly in Wis- Appeals in Ex parte Allen that a multicel- Amendment offered by Mr. WELDON of consin, that have extensive patents on lular organism such as a modified oyster is Florida: human genes, human stem cells. This would therefore patentable as well. The USPTO None of the funds appropriated or other- not affect any of those current existing pat- sought to ensure that these policy conclu- wise made available under by the act may be ents. sions would not be misconstrued as allowing used to issue patents on claims directed to or The Patent Office policy is not to issue a patent on a human organism.) encompassing a human organism. U.S. Patent and Trademark Office, Manual these patents, and there never has been one. Mr. WELDON of Florida. Mr. Chairman, of Patent Examining Procedure (Revised The Congress has been silent on this issue. I technology proceeds at a rapid rate, bringing February 2003), Sec. 2105: ‘‘Patentable Sub- am trying to put us on record that we sup- great benefits to humankind from treat- ject Matter—Living Subject Matter’’: port the Patent Office in this position that ments of disease to greater wealth and great- ‘‘If the broadest reasonable interpretation human life in any form should not be patent- er knowledge of our world. However, some- of the claimed invention as a whole encom- able. times technology can be used to undermine passes a human being, then a rejection under Mr. OBEY. I appreciate the gentleman’s what is meant to be human, including the 35 U.S.C. 101 must be made indicating that clarification. exploitation of human nature for the purpose the claimed invention is directed to non- Mr. WELDON of Florida. Mr. Chairman, I of financial gain. statutory subject matter.’’ Several weeks ago, at a meeting of the Eu- yield back the balance of my time. In other words, the USPTO clearly distin- ropean Society of Human Reproduction and The CHAIRMAN pro tempore (Mr. TERRY). guishes between organisms that are Embryology in Madrid, Spain, it was re- The question is on the amendment offered by nonhuman and therefore are patentable and ported that scientists had created the first the gentleman from Florida (Mr. WELDON). those organisms that are human and there- male-female hybrid human embryos. The re- The amendment was agreed to. fore not patentable subject matter. searchers transplanted cells from male em- As a USPTO official testified recently to bryos into female embryos and allowed them SPEECH OF HON. DAVE WELDON OF FLORIDA IN the President’s Council on Bioethics: to grow for 6 days. This research was univer- THE HOUSE OF REPRESENTATIVES WEDNES- ‘‘When a patent claim includes or covers a sally condemned as unnecessary and uneth- DAY, NOVEMBER 5, 2003 human being, the USPTO rejects the claim ical. Mr. WELDON of Florida. Mr. Speaker, this on the grounds that it is directed to non- Reuters reported that one member of the summer I introduced an amendment that statutory subject matter. When examining a European Society condemned this research, provides congressional support for the cur- patent application, a patent examiner must saying there are very good reasons why this rent federal policy against patenting hu- construe the claim presented as broadly as is type of research is generally rejected by the mans. It was approved by the House of Rep- reasonable in light of the application’s speci- international research community. Further- resentatives without objection on July 22, fication. If the examiner determines that a more, the scientists who created these she- 2003 as Sec. 801 of the Commerce/Justice/ claim is directed to a human being at any male embryos reportedly want to patent this State appropriations bill. stage of development as a product, the exam- research. Since that time, the Biotechnology Indus- iner rejects the claims on the grounds that it It is important that we, as a civilized soci- try Organization (BIO) has launched a lob- includes non-statutory subject matter and ety, draw the line where some rogue sci- bying campaign against the amendment, and provides the applicant with an explanation. entists fail to exercise restraint. Just be- has now enlisted the political aid of the The examiner will typically advise the appli- cause something can be done does not mean broader ‘‘Coalition for the Advancement of cant that a claim amendment adding the that it should be done. A patent on such Medical Research’’ (CAMR), an umbrella or- qualifier, nonhuman, is needed, pursuant to human organisms would last for 20 years. We ganization of groups supporting human the instructions of MPEP 2105. The MPEP should not allow such researchers to gain fi- cloning for research purposes. does not expressly address claims directed to nancially by granting them an exclusive BIO and CAMR claim to support the cur- a human embryo. In practice, examiners right to practice such ghoulish research. rent policy of the U.S. Patent and Trade- treat such claims as directed to a human

VerDate Mar 15 2010 04:30 Jun 24, 2011 Jkt 099060 PO 00000 Frm 00008 Fmt 0626 Sfmt 0634 E:\CR\FM\A23JN8.016 E23JNPT1 pwalker on DSK5TPTVN1PROD with REMARKS June 23, 2011 CONGRESSIONAL RECORD — Extensions of Remarks E1179 being and reject the claims as directed to ment because it opposes the current USPTO 2799, the Commerce-Justice-State Appropria- non-statutory subject matter.’’ (Testimony policy as well, and has a better chance of tions bill FY 2004, and the effect it would of Karen Hauda on behalf of USPTO to the nullifying this policy in court (or having have on the United States Patent and Trade- President’s Council on Bioethics, June 20, courts reinterpret it into uselessness) if it mark Office (USPTO) policy on patenting 2002, http://bioethicsprint.bioethics.gov/tran- lacks explicit support in statutory law. living subject matter. For the reasons out- scripts/jun02/june2I session5.html) This goal is apparent from BIO’s own ‘‘fact lined below, we view the Weldon amendment Current USTPO policy, then, is that any sheet’’ opposing the amendment (see as fully consistent with USPTO’s policy on claim that can reasonably be interpreted as www.bio.org/ip/cloningfactsheet.asp). There the non-patentability of human life-forms. ‘‘directed to’’ or ‘‘encompassing’’ a human BIO argues that human beings should be pat- The Weldon Amendment would prohibit being, and any claim reaching beyond entable, if they arise from anything other the U.S. Patent and Trademark Office from ‘‘nonhuman’’ organisms to cover human or- than ‘‘conventional reproduction’’ or have issuing any patent ‘‘on claims directed to or ganisms (including human embryos), must be any ‘‘physical characteristics resulting from encompassing a human organism.’’ The rejected. My amendment simply restates human intervention.’’ In other words, hu- USPTO understands the Weldon Amendment this policy, providing congressional support mans should be seen as ‘‘inventions’’ and to provide unequivocal congressional back- so that federal courts will not invalidate the thus be patentable on exactly the same ing for the long-standing USPTO policy of USPTO policy as going beyond the policy of grounds as animals are now. refusing to grant any patent containing a Congress (as they invalidated the earlier The logic of this argument reaches beyond claim that encompasses any member of the USPTO policy against patenting living orga- the human embryo, because an embryo who species Homo sapiens at any stage of devel- nisms in general). Literally the only dif- resulted from reproductive technology or re- opment. It has long been USPTO practice to ference between my amendment and some of ceived any physical or genetic modification reject any claim in a patent application that these USPTO documents is that the amend- presumably remains just as invented encompasses a human life-form at any stage ment uses the term ‘‘human organism,’’ throughout his or her existence, no matter of development, including a human embryo while the USPTO usually speaks of the non- what stage of development he or she reaches. or human fetus; hence claims directed to liv- patentability of (anything that can be broad- BIO’s stated support for reducing members ing ‘‘organisms’’ are to be rejected unless ly construed as) a ‘‘human being.’’ But of the human species to patentable commod- they include the adjective ‘‘nonhuman.’’ ‘‘human organism’’ is more politically neu- ities makes the passage of my amendment The USPTO’s policy of rejecting patent ap- tral and more precise, having a long history more urgently necessary than ever. plication claims that encompass human of clear interpretation in federal law. lifeforms, which the Weldon Amendment ele- Since 1996, Congress has annually approved SPEECH OF HON. DAVE WELDON OF FLORIDA IN vates to an unequivocal congressional prohi- a rider to the Labor/HHS appropriations bill THE HOUSE OF REPRESENTATIVES FRIDAY, bition, applies regardless of the manner and that prohibits federal funding of research in NOVEMBER 21, 2003 mechanism used to bring a human organism which human embryos are created or de- AMENDMENT TO SUPPORT CURRENT U.S. PATENT into existence (e.g., somatic cell nuclear stroyed—and this rider defines a human em- AND TRADEMARK OFFICE POLICY AGAINST transfer, in vitro fertilization, parthenogen- bryo as a ‘‘human organism’’ not already PATENTING HUMAN ORGANISMS—(EXTENSIONS esis). If a patent examiner determines that a protected by older federal regulations on OF REMARKS—NOVEMBER 22, 2003). claim is directed to a human life-form at any fetal research. In December 1998 testimony stage of development, the claim is rejected before the Senate Appropriations Sub- Mr. WELDON of Florida. Mr. Speaker, this as non-statutory subject matter and will not committee on Labor/HHS/Education, a wide summer I introduced an amendment that be issued in a patent as such. array of expert witnesses—including NIH Di- provides congressional support for the cur- As indicated in Representative WELDON’s rector Harold Varmus and the head of a lead- rent U.S. Patent and Trademark Office policy against patenting human organisms, in- remarks in the Congressional Record of No- ing company in BIO—testified that this rider vember 5, 2003 the referenced language pre- does not forbid funding research on embry- cluding human embryos and fetuses. This amendment was approved by the House of cludes the patenting of human organisms, in- onic stem cells, because a human embryo is cluding human embryos. He further indian ‘‘organism’’ but a stem cell clearly is not Representatives with bipartisan support on cated that the amendment has ‘‘exactly the (see S. Hrg. 105–939, December 2, 1998). That July 22, 2003, as Sec. 801 of the Commerce/ same scope as the current USPTO policy,’’ same conclusion was later reached by HHS Justice/State appropriations bill. which assures that any claim that can be general counsel Harriet Rabb, in arguing On November 5th of this year, I submitted broadly construed as a human being, includ- that the Clinton administration’s guidelines to the Congressional Record an analysis of ing a human embryo or fetus, is not patent- on stem cell research were in accord with my amendment that offers a more complete able subject matter. Therefore, our under- statutory law; this same legal opinion was elaboration of what I stated on July 22nd, standing of the plain language of the Weldon accepted by the Bush administration when it namely, that this amendment ‘‘has no bear- Amendment is fully consistent with the de- issued its more limited guidelines for funding on stem cell research or patenting genes, tailed statements that the author of the ing stem cell research (Legal memorandum it only affects patenting human organisms, amendment, Representative Weldon, has of HHS general counsel Harriet S. Rabb, human embryos, human fetuses or human made in the Congressional Record regarding ‘‘Federal Funding for Research Involving beings.’’ However, some have continued to mis- the meaning and intent of his amendment. Human Pluripotent Stem Cells,’’ January 15, Given that the scope of Representative 1999). To argue now that a ban on patenting represent my amendment by claiming it WELDON’s amendment does not alter the ‘‘human organisms’’ somehow bans pat- would also prohibit patent claims directed to methods to produce human organisms. More- USPTO policy on the non-patentability of enting of stem cells or stem cell lines would human life-forms at any stage of develop- run counter to five years of legal history, over, some incorrectly claim that my amendment would prohibit patents on claims ment and is fully consistent with our policy, and would undermine the legal validity of we support its enactment. any federal funding for embryonic stem cell directed to subject matter other than human organisms. This is simply untrue. With best personal regards, I remain research. Sincerely, BIO also claims that the amendment raises What I want to point out is that the U.S. JAMES E. ROGAN, new and difficult questions about ‘‘mixing’’ Patent Office has already issued patents on Under Secretary and Director. animal and human species. What about an genes, stem cells, animals with human genes, animal that is modified to include a few and a host of non-biologic products used by SPEECH OF HON. DAVE WELDON OF FLORIDA IN human genes so it can produce a human pro- humans, but it has not issued patents on THE HOUSE OF REPRESENTATIVES MONDAY, tein or antibody? What about a human/ani- claims directed to human organisms, includ- DECEMBER 8, 2003 mal ‘‘chimera’’ (an embryo that is half ing human embryos and fetuses. My amend- human, half animal)? The fact is, these ques- ment would not affect the former, but would CONFERENCE REPORT ON H.R. 2673, CONSOLI- tions are not new. The USPTO has already simply affirm the latter. This position is re- DATED APPROPRIATIONS ACT, 2004—(HOUSE OF granted patents on the former (see U.S. pat- affirmed in the following U.S. Patent Office REPRESENTATIVES—DECEMBER 8, 2003) ent nos. 5,625,126 and 5,602,306). It has also letter of November 20, 2003. Mr. WELDON of Florida. Mr. Speaker, on thus far rejected patents on the latter, the I submit to the RECORD a letter from July 22, 2003, I introduced an amendment to half-human embryo (see Biotechnology Law James Rogan, Undersecretary and Director provide congressional support for the current Report, July–August 1998, p. 256), because the of the U.S. Patent office, that supports the U.S. Patent and Trademark Office (USPTO) latter can broadly but reasonably be con- enactment of my amendment because it ‘‘is policy and practice against approving patent strued as a human organism. The Weldon fully consistent with our policy.’’ claims directed to human organisms, includ- amendment does nothing to change this, but U.S. PATENT AND TRADEMARK OFFICE, ing human embryos and human fetuses. The leaves the USPTO free to address new or bor- November 20, 2003. House of Representatives approved the derline issues on the same case-by-case basis Hon. TED STEVENS, amendment without objection on July 22, as it already does. Chairman, Committee on Appropriations, U.S. 2003, as section 801 of the Fiscal Year 2004 In short, my amendment has exactly the Senate, Washington, DC. Commerce/Justice/State Appropriations Bill. same scope as the current USPTO policy, DEAR MR. CHAIRMAN: Thank you for the op- The amendment, now included in the Omni- and cannot be charged with the radical ex- portunity to present the Administration’s bus appropriations bill as section 634 of H.R. pansions of policy that BIO and its allies position on the Weldon amendment adopted 2673, reads as follows: ‘‘None of the funds ap- claim. In reality, BIO opposes this amend- by the House during consideration of H.R. propriated or otherwise made available

VerDate Mar 15 2010 04:30 Jun 24, 2011 Jkt 099060 PO 00000 Frm 00009 Fmt 0626 Sfmt 0634 E:\CR\FM\A23JN8.017 E23JNPT1 pwalker on DSK5TPTVN1PROD with REMARKS E1180 CONGRESSIONAL RECORD — Extensions of Remarks June 23, 2011 under this Act may be used to issue patents by combining a comparable number of cells HONORING COLONEL VINCENT on claims directed to or encompassing a taken respectively from human and non- QUARLES ON HIS COMMAND OF human organism.’’ human embryos). However, it does not in- THE CHICAGO DISTRICT OF THE The current Patent Office policy is that clude a non-human organism incorporating ‘‘non-human organisms, including animals’’ UNITED STATES ARMY CORPS one or more genes taken from a human orga- are patentable subject matter under 35 OF ENGINEERS U.S.C. 101, but that human organisms, in- nism (such as a transgenic plant or animal). cluding human embryos and human fetuses, In this respect, as well, my amendment sim- HON. PETER J. VISCLOSKY ply provides congressional support for the are not patentable. Therefore, any claim di- OF INDIANA rected to a living organism must include the Patent Office’s current policy and practice. IN THE HOUSE OF REPRESENTATIVES qualification ‘‘non-human’’ to avoid rejec- This amendment should not be construed tion. This amendment provides unequivocal Thursday, June 23, 2011 to affect claims directed to or encompassing congressional support for this current prac- Mr. VISCLOSKY. Mr. Speaker, it is with the tice of the U.S. patent office. subject matter other than human organisms, House and Senate appropriators agreed on including but not limited to claims directed deepest admiration that I take this opportunity report language in the manager’s statement to or encompassing the following: cells, tis- to honor Colonel Vincent Quarles. Colonel on section 634. The statement reads: ‘‘The sues, organs, or other bodily components Quarles has spent the last three years as the conferees have included a provision prohib- that are not themselves human organisms District Commander for the United States iting funds to process patents of human or- (including, but not limited to, stem cells, Army Corps of Engineers, Chicago District. At ganisms. The conferees concur with the in- stem cell lines, genes, and living or synthetic this post, Colonel Quarles has undertaken im- tent of this provision as expressed in the col- organs); hormones, proteins or other sub- mense responsibility, overseeing water re- loquy between the provision’s sponsor in the stances produced by human organisms; sources development in the Chicago metro- House and the ranking minority member of methods for creating, modifying, or treating politan area, an area of about 5,000 square the House Committee on Appropriations as miles with a population nearing 8 million. occurred on July 22, 2003, with respect to any human organisms, including but not limited existing patents on stem cells.’’ to methods for creating human embryos Since his arrival at the Chicago District on July The manager’s statement refers to my dis- through in vitro fertilization, somatic cell 1, 2008, Colonel Quarles has served all who cussion with Chairman DAVID OBEY, when I nuclear transfer, or parthenogensis; drugs or live in his District of responsibility with unwav- explained that the amendment ‘‘only affects devices (including prosthetic devices) which ering devotion. He has deeply touched many patenting human organisms, human em- may be used in or on human organisms. lives and is deserving of our sincerest grati- bryos, human fetuses or human beings.’’ In tude. On behalf of both myself and my con- Jamed Rogan, undersecretary of the U.S. response to Chairman OBEY’s inquiry, I stituents, I take this opportunity to thank Colo- Patent and Trademark Office, has stated in a pointed out that there are existing patents nel Quarles who will be relinquishing his com- November 20, 2003, letter to Senate appropri- on stem cells, and that this amendment mand to Colonel Fred Drummond on June 30, would not affect such patents. ators: ‘‘The USPTO understands the Weldon 2011, at the Harold Washington Library Center Here I wish to elaborate further on the Amendment to provide unequivocal congres- in Chicago, Illinois. exact scope of this amendment. The amend- sional backing for the long-standing USPTO ment applies to patents on claims directed Colonel Vincent Quarles began his impres- policy of refusing to grant any patent con- to or encompassing a human organism at sive military career as a Cannon Fire Direction taining a claim that encompasses any mem- any stage of development, including a human Specialist, Charlie Battery, 113th Field Artillery ber of the species Homo sapiens at any stage embryo, fetus, infant, child, adolescent, or Battalion. Upon graduating from college, Colo- of development . . . including a human em- adult, regardless of whether the organism nel Quarles was granted a federal commission bryo or human fetus. . . . The USPTO’s pol- was produced by technological methods (in- in the Corps of Engineers and entered active cluding, but not limited to, in vitro fertiliza- icy of rejecting patent application claims service in 1987. He was assigned to 8th Engi- tion, somatic cell nuclear transfer, or par- that encompass human lifeforms, which the neer Battalion, 1st Cavalry Division, Fort thenogenesis). This amendment applies to Weldon Amendment elevates to an unequivo- Hood, Texas, where he served as a Sapper patents on human organisms regardless of cal congressional prohibition, applies regard- Platoon Leader, an Assault and Obstacle Pla- where the organism is located, including, but less of the manner and mechanism used to not limited to, a laboratory or a human, ani- bring a human organism into existence (e.g., toon Leader, and a Company Executive Offi- mal, or artificial uterus. cer. From this post, Colonel Quarles deployed Some have questioned whether the term somatic cell nuclear transfer, in vitro fertilization, parthenogenesis).’’ Undersecre- to Operation Desert Shield and Operation ‘‘organism’’ could include ‘‘stem cells’’. The Desert Storm as the Battalion Maintenance answer is no. While stem cells can be found tary Rogan concludes: ‘‘Given that the scope Officer. In 2000, Colonel Quarles reported to in human organisms (at every stage of devel- of Representative WELDON’s amendment . . . opment), they are not themselves human or- is full consistent with our policy, we support Engineer Brigade, 3rd Infantry Division, Fort ganisms. This was considered the ‘‘key ques- its enactment.’’ Stewart, Georgia. From there, he deployed to tion’’ by Senator HARKIN at a December 2, Bosnia Herzegovina as the Brigade Oper- The advance of biotechnology provides 1998 hearing before the Senate Appropria- ations Officer in support of stabilization oper- tions Subcommittee on Labor, Health and enormous potential for developing innova- ations. Upon his return from Bosnia in 2001, Human Services and Education regarding tive science and therapies for a host of med- Colonel Quarles was reassigned as Executive embryonic stem cell research. Dr. Harold ical needs. However, it is inappropriate to Officer, 10th Engineer Battalion until 2002. Varmus, then director of the NIH testified turn nascent individuals of the human spe- Colonel Quarles deployed to Iraq in support of ‘‘that pulripotent stem cells are not orga- cies into profitable commodities to be Operation Iraqi Freedom in 2003. While over- nisms and are not embryos. . . . ‘‘Senator owned, licensed, marketed and sold. HARKIN noted: ‘‘I asked all of the scientists seas, his battalion managed more than 300 Congressional action is needed not to who were here before the question of whether construction contracts at a cost exceeding or not these stem cells are organisms. And I change the Patent Office’s current policy $326 million as well as emplacing and main- believe the record will show they all said no, and practice, but precisely to uphold it taining the brigade’s communication network, it is not an organism.’’ Dr. Thomas Okarma against any threat of legal challenge. A pre- operating the brigade’s internment facility, and of the Geron Corporation stated: ‘‘My view is vious Patent Office policy against patenting providing brigade organic military intelligence that these cells are clearly not organisms living organisms in general was invalidated capabilities. Post battalion command, Colonel . . . in fact as we have said, are not the cel- by the U.S. Supreme Court in 1980, on the Quarles served as the Mobility Team Chief, lular equivalent of an embryo.’’ Dr. Arthur grounds that the policy has no explicit sup- Dominant Maneuver Division of Force Devel- Caplan agreed with this distinction, saying port from Congress. In an age when the irre- that a stem cell is ‘‘absolutely not an orga- opment, Army G–8 from 2006–2008. sponsible use of biotechnology threatens to nism.’’ There was a unanimous consensus on Colonel Quarles’ educational background is make humans themselves into items of prop- this point at the 1998 hearing, among wit- very impressive in its own right. As a member nesses who disagreed on many other moral erty, of manufacture and commerce, Con- of the United States Army, Colonel Quarles and policy issues related to stem cell re- gress cannot let this happen again in the completed both the United States Army Engi- search. case of human organisms. neer Basic and Advanced Courses. From The term ‘‘human organism’’ includes an I urge my colleagues to support this Omni- 1997–1999, Colonel Quarles taught Civil and organism of the human species that incor- bus in defense of this important provision Mechanical Engineering at the United States porates one or more genes taken from a against human patenting. nonhuman organism. It includes a human- Military Academy where he also acted as the animal hybrid organism (such as a human- Department’s Executive Officer. Next, he went animal hybrid organism formed by fer- on to graduate from the Command and Gen- tilizing a nonhuman egg with human sperm eral Staff College in 2000. His civilian edu- or a human egg with non-human sperm, or cational accomplishments are noteworthy as

VerDate Mar 15 2010 04:30 Jun 24, 2011 Jkt 099060 PO 00000 Frm 00010 Fmt 0626 Sfmt 9920 E:\CR\FM\A23JN8.018 E23JNPT1 pwalker on DSK5TPTVN1PROD with REMARKS June 23, 2011 CONGRESSIONAL RECORD — Extensions of Remarks E1181 well. He earned both an undergraduate de- successful in school, more likely to graduate 4. Jeffrey Herrera—Murphy, Texas—Wylie gree from Norfolk State University and a Mas- from high school, and thus more likely to be- High School ter’s Degree in Mechanical Engineering from come productive adults who contribute to the 5. Corbin Palmer—Frisco, Texas—Centen- nial High School *Attended the U.S. Air North Carolina State University. U.S. economy. Force Academy Preparatory School Colonel Quarles’ outstanding military career That is why today I am pleased to reintro- UNITED STATES MERCHANT MARINE ACADEMY is exceeded only by his devotion to his amaz- duce the Prepare All Kids Act, which would ing family. It has been a pleasure to become assist states in providing at least one year of 1. Emily Boyson—Garland, Texas—Bishop high-quality pre-kindergarten to children, with Lynch High School acquainted with the Quarles family. I would 2. Kioumars Rezaie—Plano, Texas—Plano also like to congratulate Colonel Quarles and a focus on children from low-income families West Senior High School his wonderful wife, Auratha, on their upcoming and children with special needs. This legisla- 3. Amanda Rigsby—Plano, Texas—Plano 25th wedding anniversary on July 5, 2011. tion ensures a high-quality learning environ- East Senior High School They have two beloved children, Vincent and ment by limiting classroom size to a maximum 4. Connor Willcox—McKinney, Texas— Alisha, who I also have the pleasure of know- of 20 children and children-to-teacher ratios to McKinney Boyd High School ing. no more than 10 to 1. f Mr. Speaker, from a very young age, Colo- Introduced in the Senate by my colleague PERSONAL EXPLANATION nel Quarles has selflessly served his country on the Joint Economic Committee, Sen. and his fellow Americans. Thus far, his life has CASEY of Pennsylvania, I am happy to be in- truly been a model of self-sacrifice and dedi- troducing this House companion bill. HON. BILLY LONG cation to others. Since joining the Army Corps I urge my colleagues to support the Prepare OF MISSOURI of Engineers Chicago District, Colonel Quarles All Kids Act and further invest in our nation’s IN THE HOUSE OF REPRESENTATIVES has overseen numerous projects aimed at im- great resource—our children. Thursday, June 23, 2011 proving the quality of life for all those he f serves. He has had an especially profound im- Mr. LONG. Mr. Speaker, on Monday, May SALUTING SERVICE ACADEMY pact in Indiana’s First Congressional District. 23, Tuesday, May 24, Wednesday, May 25, STUDENTS Colonel Quarles has exhibited utmost concern Thursday, May 26 and Friday, May 27, I was for its residents and deserves our sincerest in Joplin, Missouri, assisting my constituents gratitude. I respectfully ask that you and my HON. SAM JOHNSON as they work to recover from one of the dead- other distinguished colleagues join me in hon- OF TEXAS liest tornados in United States history. I was oring Colonel Vincent Quarles for his out- IN THE HOUSE OF REPRESENTATIVES able to interact directly with Federal Emer- standing contributions and constant dedication Thursday, June 23, 2011 gency Management Agency officials, including to Indiana’s First Congressional District. Administrator William Fugate, in trying to as- Mr. SAM JOHNSON of Texas. Mr. Speaker, sist my constituents as best I could. f I rise today to honor an extraordinary group of Due to this tragedy, I was unable to vote on CONGRATULATING COLONEL GINA young men and women who have been cho- any legislative measure this week. M. GROSSO ON HER ELEVATION sen as future leaders in our armed forces by On Motion to Suspend the Rules and Pass TO BRIGADIER GENERAL the prestigious United States service acad- as Amended the Honoring American Veterans emies. It is a privilege to send such a fine Act of 2011, Rollcall Vote No. 330, had I been HON. JON RUNYAN group from the Third District of Texas to pur- present I would have voted ‘‘yes.’’ sue a world-class education and serve our na- On Motion to Suspend the Rules and Pass OF NEW JERSEY tion. as Amended the Restoring GI Bill Fairness Act IN THE HOUSE OF REPRESENTATIVES As we keep them and their families in our of 2011, Rollcall Vote No. 331, had I been Thursday, June 23, 2011 prayers, may we never forget the sacrifices present I would have voted ‘‘yes.’’ they are preparing to make while defending Mr. RUNYAN. Mr. Speaker, I humbly rise On Motion to Suspend the Rules and Pass our freedoms all across the globe. I am so today to congratulate one of my constituents, H.R. 1657, Rollcall Vote No. 332, had I been proud of each one. God bless them and God Colonel Gina M. Grosso, on her elevation to present I would have voted ‘‘yes.’’ bless America. I salute these young men and the rank of Brigadier General. Brigadier Gen- On Ordering the Previous Question, Rollcall women. eral Grosso is currently the Joint Base and Vote No. 333, had I been present I would The name and hometown of each appointee 87th Air Base Wing Commander at Joint Base have voted ‘‘yes.’’ follows: McGuire-Dix-Lakehurst in my district. She en- On Agreeing to the Resolution H. Res. 269, tered the Air Force in 1986 as a ROTC distin- THIRD CONGRESSIONAL DISTRICT SERVICE Rollcall Vote No. 334, had I been present I ACADEMY BOUND STUDENTS CLASS OF 2015 guished graduate from Carnegie-Mellon Uni- would have voted ‘‘yes.’’ UNITED STATES MILITARY ACADEMY versity. She has held several command and On Motion that the Committee Rise for H.R. staff positions throughout her career. Her com- 1. Brianna Burnstad—Plano, Texas—Plano 1216, Rollcall Vote No. 335, had I been Senior High School present I would have voted ‘‘no.’’ mand tours include Headquarters Squadron 2. Kevin Carringer—Plano, Texas—Plano Section, Military Personnel Flight, Mission West Senior High School On the amendment of Mr. TONKO of New Support Squadron, and command of the Air 3. SPC David Crossley—Plano, Texas— York, Amendment No. 2 to H.R. 1216, Rollcall Force’s sole Basic Military Training Group. I Plano Senior High School *Prior active duty Vote No. 336, had I been present I would am tremendously proud of Brigadier General service in the U.S. Army as an E–4. have voted ‘‘no.’’ Grosso and I know she will continue to serve 4. Christopher Gordon—Plano, Texas— On the amendment of Mr. CARDOZA of Cali- her country with honor and distinction. Mr. Plano West Senior High School *Attended fornia, Amendment No. 9 to H.R. 1216, Roll- Boston University call Vote No. 337, had I been present I would Speaker, please join me in congratulating 5. Corporal Benjamin Ridder—Allen, Brigadier General Gina M. Grosso. Texas—Allen High School *Prior active duty have voted ‘‘no.’’ f service in the U.S. Army as an E–4. On the amendment of Ms. FOXX of North 6. Michael Roberto—Plano, Texas—Cister- Carolina, Amendment No. 7 to H.R. 1216, INTRODUCTION OF THE PREPARE cian Preparatory School Rollcall Vote No. 338, had I been present I ALL KIDS ACT OF 2011 UNITED STATES NAVAL ACADEMY would have voted ‘‘yes.’’ 1. James Kennington—Plano, Texas—Plano On Motion to Recommit with Instructions HON. CAROLYN B. MALONEY West Senior High School H.R. 1216, Rollcall Vote No. 339, had I been 2. Amber Lowman—McKinney, Texas— OF NEW YORK present I would have voted ‘‘no.’’ McKinney High School IN THE HOUSE OF REPRESENTATIVES On Passage of H.R. 1216, to amend the 3. Ryan Martinez—Plano, Texas—Cister- Public Health Service Act to convert funding cian Preparatory School Thursday, June 23, 2011 for graduate medical education in qualified Mrs. MALONEY. Mr. Speaker, the value of UNITED STATES AIR FORCE ACADEMY teaching health centers from direct appropria- investing in early education is clear: Early edu- 1. Elizabeth Carpenter—Murphy, Texas— tions to an authorization of appropriations, Plano East Senior High School cation lays the foundation for lifelong learning 2. Emma Dridge—Allen, Texas—Allen High Rollcall Vote No. 340, had I been present I and prepares children to succeed academi- School would have voted ‘‘yes.’’ cally and in life. Studies show that children 3. Joseph Hays—Plano, Texas—Plano West On Ordering the Previous Question for H. who attend high-quality preschool are more Senior High School Res. 276, Providing for further consideration of

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H.R. 1540, Rollcall Vote No. 341, had I been On the amendment of Mr. AMASH of Michi- consideration the bill (H.R. 1249) to amend present I would have voted ‘‘yes.’’ gan, Amendment No. 50 to H.R. 1540, Rollcall title 35, United States Code, to provide for On Agreeing to the Resolution, H. Res. 276, Vote No. 361, had I been present I would patent reform: Providing for further consideration of H.R. have voted ‘‘no.’’ Mr. SMITH of Texas. Madam Chair, I sub- 1540, Rollcall Vote No. 342, had I been On the amendment of Mr. CAMPBELL of Cali- mit: (1) Manager’s Statement on Supplemental present I would have voted ‘‘yes.’’ fornia, Amendment No. 53 to H.R. 1540, Roll- Examination; (2) Manager’s Statement on Ge- On the amendment of Ms. WOOLSEY of Cali- call Vote No. 362, had I been present I would netic Test Study proposed in the Managers; fornia, Amendment No. 2 to H.R. 1540, Roll- have voted ‘‘no.’’ (3) Statement on the codification of the call Vote No. 343, had I been present I would On the amendment of Mr. CAMPBELL of Cali- Weldon amendment; (4) Statement on the have voted ‘‘no.’’ fornia, Amendment No. 54 to H.R. 1540, Roll- business method patent transitional program; On the amendment of Mr. HUNTER of Cali- call Vote No. 363, had I been present I would (5) Statement on the PTO fee compromise fornia, Amendment. No. 12 to H.R. 1540, Roll- have voted ‘‘no.’’ provision in the Manager’s amendment; (6) call Vote No. 344, had I been present I would On the amendment of Mr. CHAFFETZ of November 2003 letter on the Weldon amend- have voted ‘‘no.’’ Utah, Amendment No. 56 to H.R. 1540, Roll- ment from PTO Director James Rogan; (7) In- On the amendment of Mr. SARBANES of call Vote No. 364, had I been present I would formation on the Weldon amendment from the Maryland, Amendment No. 24 to H.R. 1540, have voted ‘‘no.’’ Family Research Council. Rollcall Vote No. 345, had I been present I On the amendment of Mr. POLIS of Colo- CHAIRMAN’S FLOOR REMARKS/MANAGER’S would have voted ‘‘no.’’ rado, Amendment No. 60 to H.R. 1540, Roll- STATEMENT: SUPPLEMENTAL EXAMINATION On the amendment of Mr. MURPHY of Con- call Vote No. 365, had I been present I would IN H.R. 1249 necticut, Amendment No. 25 to H.R. 1540, have voted ‘‘no.’’ Mr. Speaker, this bill also contains a very Rollcall Vote No. 346, had I been present I On the amendment of Mr. CONYERS of important new administrative proceeding would have voted ‘‘no.’’ Michigan, Amendment No. 61 to H.R. 1540, available to patent owners, to help improve the quality of issued patents. This new ‘‘Sup- On the amendment of Mr. COLE of Okla- Rollcall Vote No. 366, had I been present I would have voted ‘‘yes.’’ plemental Examination’’ procedure encour- homa, Amendment No. 27 to H.R. 1540, Roll- ages the voluntary and proactive disclosure On the amendment of Mr. FLAKE of Arizona, call Vote No. 347, had I been present I would of information that may be relevant to pat- have voted ‘‘yes.’’ Amendment No. 62 to H.R. 1540, Rollcall Vote ent prosecution for the Office to consider, re- On the amendment of Mr. GARAMENDI of No. 367, had I been present I would have consider, or correct. The voluntary disclo- California, Amendment No. 28 to H.R. 1540, voted ‘‘no.’’ sure by patentees serves to strengthen valid Rollcall Vote No. 348, had I been present I On the amendment of Mr. ELLISON of Min- patents, while narrowing or eliminating pat- would have voted ‘‘no.’’ nesota, Amendment No. 63 to H.R. 1540, ents or claims that should not have been On the amendment of Ms. MALONEY of New Rollcall Vote No. 368, had I been present I issued. Both of these outcomes promote in- York, Amendment No. 26 to H.R. 1540, Roll- would have voted ‘‘no.’’ vestment in innovation by removing uncer- On the amendment of Ms. LORETTA SAN- tainty about the scope, validity or enforce- call Vote No. 349, had I been present I would ability of patents, and thus the use of this CHEZ of California, Amendment No. 64 to H.R. have voted ‘‘no.’’ new proceeding by patent owners is to be en- On the amendment of Mr. HIMES of Con- 1540, Rollcall Vote No. 369, had I been couraged. necticut, Amendment No. 30 to H.R. 1540, present I would have voted ‘‘no.’’ Subparagraph (C) relating to Supplemental Rollcall Vote No. 350, had I been present I On the amendment of Ms. JACKSON LEE of Examination is intended to address the cir- would have voted ‘‘no.’’ Texas, Amendment No. 111 to H.R. 1540, cumstance where, during the course of a sup- On the amendment of Ms. JACKSON LEE of Rollcall Vote No. 370, had I been present I plemental examination or reexamination Texas, Amendment No. 31 to H.R. 1540, Roll- would have voted ‘‘yes.’’ proceeding ordered under this section, a On the amendment of Mr. TURNER of Ohio, court or administrative agency advises the call Vote No. 351, had I been present I would PTO that it has made a determination that have voted ‘‘no.’’ Amendment No. 148 to H.R. 1540, Rollcall Vote No. 371, had I been present I would a fraud on the Office may have been com- On the amendment of Mr. ANDREWS of New mitted in connection with the patent that is Jersey, Amendment No. 32 to H.R. 1540, Roll- have voted ‘‘yes.’’ the subject of the supplemental examina- call Vote No. 352, had I been present I would On the amendment of Mr. CRAVAACK of Min- tion. In such a circumstance, subparagraph have voted ‘‘no.’’ nesota, Amendment No. 152 to H.R. 1540, (C) provides that, in addition to any other On the amendment of Mr. RICHMOND of Lou- Rollcall Vote No. 372, had I been present I actions the Director is authorized to take, isiana, Amendment No. 37 to H.R. 1540, Roll- would have voted ‘‘yes.’’ including the cancellation of any claims On the amendment of Mr. MCGOVERN of found to be invalid under section 307 as a recall Vote No. 353, had I been present I would sult of the reexamination ordered under this have voted ‘‘no.’’ Massachusetts, Amendment No. 55 to H.R. 1540, Rollcall Vote No. 373, had I been section, the Director shall also refer the On the amendment of Mr. MICA of Florida, matter to the Attorney General. As such, Amendment No. 38 to H.R. 1540, Rollcall Vote present I would have voted ‘‘no.’’ On Motion to Recommit with Instructions this provision is not intended to impose any No. 354, had I been present I would have obligation on the PTO beyond those it al- voted ‘‘yes.’’ H.R. 1540, Rollcall Vote No. 374, had I been ready undertakes, or require it to inves- present I would have voted ‘‘no.’’ On the amendment of Mr. FLAKE of Arizona, tigate or prosecute any such potential fraud. On Passage of H.R. 1540, to authorize ap- Amendment No. 40 to H.R. 1540, Rollcall Vote Subparagraph (C) is neither an investigative propriations for fiscal year 2012 for military ac- No. 355, had I been present I would have nor an adjudicative provision, and, as such, tivities of the Department of Defense and for is not intended to expand the authority or voted ‘‘yes.’’ military construction, to prescribe military per- obligation of the PTO to investigate or adju- On the amendment of Mr. SMITH of Wash- sonnel strengths for fiscal year 2012, and for dicate allegations of fraud lodged by private ington, Amendment No. 42 to H.R. 1540, Roll- other purposes, Rollcall Vote No. 375, had I parties. call Vote No. 356, had I been present I would Further, any referral under this subjection been present I would have voted ‘‘yes.’’ have voted ‘‘no.’’ is not meant to relieve the Director from his On Motion to Concur in the Senate Amend- On the amendment of Mr. BUCHANAN of obligation to conclude the supplemental ex- ment to the House Amendment, S. 990, the Florida, Amendment No. 43 to H.R. 1540, amination or reexamination proceeding or- Small Business Additional Temporary Exten- Rollcall Vote No. 357, had I been present I dered under this section. It is important for sion Act of 2011, Rollcall Vote No. 376, had the process to proceed through conclusion of would have voted ‘‘yes.’’ I been present I would have voted ‘‘yes.’’ reexamination, so that any claims that are On the amendment of Ms. MALONEY of New invalid can be properly cancelled. f York, Amendment No. 47 to H.R. 1540, Roll- The decision to make referrals under sub- call Vote No. 358, had I been present I would AMERICA INVENTS ACT section (c) is not meant to be delegated to have voted ‘‘no.’’ examiners or other agents of the PTO, but On the amendment of Mr. MACK of Florida, SPEECH OF rather is a determination that should only Amendment No. 48 to H.R. 1540, Rollcall Vote HON. LAMAR SMITH be made by the Director himself or herself. No. 359, had I been present I would have Supplemental Examination has the poten- OF TEXAS tial to play a powerful role in improving pat- voted ‘‘yes.’’ IN THE HOUSE OF REPRESENTATIVES ent quality and boosting investment in inno- On the amendment of Mr. LANGEVIN of vation, economic growth, and job creation. Rhode Island, Amendment No. 49 to H.R. Wednesday, June 22, 2011 The Director should implement this new au- 1540, Rollcall Vote No. 360, had I been The House in Committee of the Whole thority in a way that maximizes this poten- present I would have voted ‘‘no.’’ House on the State of the Union had under tial.

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GENETIC TEST STUDY IN MANAGER’S pendent second opinion testing has on pro- with, or the enforceability of any patent AMENDMENT (DWS) viding medical care to patients and recipi- duly granted by the PTO. Mr. Speaker, Section 27 of H.R. 1249 re- ents of genetic diagnostic testing, the effect quires the Director of the U.S. Patent and that providing such tests would have on pat- SECTION 18 (H.R. 1249)—BUSINESS METHOD Trademark Office to conduct a study on the ent holders of exclusive genetic tests, the PATENT TRANSITIONAL PROGRAM availability of confirmatory genetic diag- impact the current exclusive licensing and The proceeding would create a cheap and nostic testing services in the domestic mar- patents on genetic testing activity has on speedy alternative to litigation—allowing ket, and whether changes to existing patent the practice of medicine, and the role that parties to resolve these disputes rather than law are necessary to promote such avail- cost and insurance coverage have on access spend millions of dollars that litigation now ability more effectively. Consistent with to genetic diagnostic tests. Nothing in Sec- costs. In the process, the proceeding would current law, the genetic inventions that tion 27 shall be construed to reflect any ex- also prevent nuisance or extortion litigation form the basis for such diagnostic tests are pression by the Congress with respect to the settlements. eligible for patenting, and may be exclu- patentability or non-patentability of genetic Business methods were generally not pat- sively licensed by such patent holders for ge- material or with respect to the validity or entable in the United States before the late netic diagnostic purposes. invalidity of patents on genetic material.’’ 1990s, and generally are not patentable else- This study is intended to provide unbiased, where in the world, but the Federal Circuit reliable, and empirical information about THE WELDON AMENDMENT (in what was an activist decision) created a the existing availability of independent con- ‘‘None of the funds appropriated or other- new class of patents in its 1998 State Street firmatory genetic diagnostic testing serv- wise made available by this act may be used decision. ices, as well as patient demand for such test- to issue patents on claims directed to or en- In its 2010 decision in Bilski v. Kapoos, the ing services, in situations where genetic di- compassing a human organism.’’ U.S. Supreme Court clamped down on the agnostic tests are indeed patented and exclu- Legislative History: patenting of business methods and other pat- sively licensed. Nothing in this section shall The legislation prohibits the use of appro- ents of poor quality. be construed as undermining existing patent priated funds by the Patent and Trademark It is likely that most if not all the business law in this regard. Office to issue certain types of claims pre- This study is intended to include, but is method patents that were issued after State not limited to, several specific aspects of sented in patent applications. The types of Street are now invalid under Bilski. There is this issue. Paragraph (1) of subsection (b) re- patent claims subject to the prohibition are no sense in allowing expensive litigation quires an assessment of whether the existing limited precisely to those that the Patent over patents that are no longer valid. level of availability of confirmatory genetic and Trademark Office, pursuant to its poli- This provision is strongly supported by diagnostic testing has an impact on the abil- cies, has indicated may not be granted (see community banks, credit unions and other ity of medical professionals to provide the M.P.E.P 1st rev. 2105). Specifically, this sec- institutions that are an important source of appropriate standard of medical care to re- tion operates to prohibit the use of appro- lending to homeowners and small businesses. cipients of genetic diagnostic testing, and in- priated funds to issue a patent containing Money spent litigating over invalid business- cludes an assessment of the role that patents claim that encompasses a human individual. method patents, or paying nuisance settle- play in innovation, quality of services, and The Committee recognizes that the eco- ments, cannot be loaned to Americans to investment in the genetic diagnostic mar- nomic viability of the biotechnology indus- purchase new homes and start new busi- ketplace. The assessment required by this try requires that patents be available for the nesses. paragraph also should include empirical in- full spectrum of innovation that may be sub- Resolving the validity of these patents in formation about the extent to which patents ject to commercialization. The legislation, civil litigation typically costs about $5-to- have actually been enforced or asserted accordingly does not limit patent eligibility $10 million per patent. Resolving the validity against the unauthorized practice of con- for any type of biotechnology invention that of these patents through the bill’s adminis- firmatory genetic diagnostic tests, and a may be commercialized in the United States. trative proceeding costs much less. comparison of the availability of and de- The Committee also recognizes that contin- Moreover, the proceeding allows business- mand for confirmatory testing in situations ued innovation in the biomedical and bio- method patents to be reviewed by the ex- where genetic tests are not patented or are technological fields will lead to new kinds of perts at the Patent Office under the correct non-exclusively licensed. Paragraph (2) re- inventions, and it expects that the over- (Bilski) standard. quires the Director to assess the effects of whelming majority of such inventions will To use this proceeding, a challenger must independent, unauthorized confirmatory ge- not raise any of the concerns that the make an up-front showing to the PTO of evi- netic testing on patent holders or exclu- present legislation addresses. In particular, dence that the business-method patent is sively licensed test providers. The Com- nothing in this section should be construed more likely than not invalid. This is a high mittee urges the Director to include in this to limit the ability of the PTO to issue a pat- standard. Only the worst patents, which assessment the possible effects of allowing ent containing claims directed to or encom- probably never should have been issued, will confirmatory testing on authorized providers passing: be eligible for review in this proceeding. of non-exclusively licensed genetic diag- 1. any chemical compound or composition, Additionally any argument about this pro- nostic tests as well, given that such author- whether obtained from animals or human vision and Constitutionality is simply a red ized providers may already provide confirm- beings or produced synthetically, and wheth- herring. Congress has the authority to create atory testing services. Paragraph (3) requires er identical to or distinct from a chemical administrative proceedings to review the va- an evaluation of the impact of patents and structure as found in an animal or human lidity of existing patents. We have done it exclusive licensing of genetic diagnostic being, including but not limited to nucleic before and we will be doing it in the future. tests on the practice of medicine, including, acids, polypeptides, proteins, antibodies and This issue has been litigated and rejected but not limited to, the ability of medical hormones; by the courts, when Congress created ex professionals to interpret test results, and 2. cells, tissue, organs or other bodily com- parte reexam in 1980. Ex parte reexam was the ability of licensed or unlicensed test proponents produced through human interven- applied to all existing patents when that sys- viders to provide confirmatory genetic diag- tion, whether obtained from animals, human tem was created. In Patlex Corp. v. nostic tests. The Director’s assessment beings, or other sources; including but not Mossinghoff, the Federal Circuit rejected the should also include information on the fre- limited to stem cells, stem cell derived tis- argument that applying a new system of ad- quency at which confirmatory genetic diag- sues, stem cell lines, and viable synthetic or- ministrative review to existing patents is a nostic testing currently is performed by gans; taking. The same logic applies to this provi- medical professionals in instances where an 3. methods for creating, modifying, or sion. absence of patent protection or non-exclu- treating human organisms, including but not Never in the history of U.S. patent law has sive licensing permits multiple independent limited to methods for creating embryos it been held, after a patent claim was deter- test providers. Paragraph (4) requires an as- through in vitro fertilization, methods of so- mined to be invalid because it covered sessment of the role that cost and insurance matic cell nuclear transfer, medical or ge- unprotectable subject matter, that the coverage have on access to and provision of netic therapies, methods for enhancing fer- owner of the patent was nevertheless enti- confirmatory genetic diagnostic tests today, tility, and methods for implanting embryos; tled to compensation on the basis of that in- whether patented or not or exclusively li- 4. a nonhuman organism incorporating one valid claim. censed or not, and should include an assess- or more genes taken from a human orga- This section only creates a new mechanism ment of whether private and public payors nism, including but not limited to a for reviewing the validity of business-meth- cover such costs and are likely to cover the transgenic plant or animal, or animal mod- od patents. It does not alter the substantive costs of any expansion of confirmatory test- els used for scientific research. law governing the validity of those patents. ing.’’ As the legislation addresses only the au- Under settled precedent, the transitional re- Additional Legislative History for the Sec- thority of the PTO to expend funds appro- view program is absolutely constitutional. ond Opinion Confirmation Test Study in priated by this Act, it concerns patents that It is wrong and offensive for this provision Managers (H.R. 1249): Additional Information may issue on applications filed on or after to be referred to as a bail-out. The program for the Record: the date of the legislation. The legislation does not give one cent to any private party ‘‘Section 27 requires USPTO to conduct a does not create a claim or give rise to any and the costs of the proceeding are required study on the impact that a lack of inde- cause of action to limit the rights associated to be fully recouped through the fee charged

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for initiating the proceeding. It is a nec- UNITED STATES PATENT AND TRADE- Appropriations bills (CJS) and prevents the essary program to allow the PTO to fix mis- MARK OFFICE, UNDER SECRETARY patenting of humans. Congress has passed it takes that occurred in light of an activist ju- OF COMMERCE FOR INTELLECTUAL each year since 2004, and it was included dicial decision in the 1998 State Street deci- PROPERTY AND DIRECTOR OF THE most recently as part of the FY2010 Omnibus sion that created this new patentable subject U.S. PATENT AND TRADEMARK OF- (Section 518, Title V, Division B, of the matter without Congress’ approval. FICE, FY2010 Consolidated Appropriations Act, 2010 This bill will provide the patent office with Alexandria, VA. (H.R. 3288, P.L. 111–117)) and extended by the a fast, precise vehicle to review low quality Hon. TED STEVENS, FY2011 Omnibus spending bill (Department business method patents, which the Supreme Chairman, Committee on Appropriations, U.S. of Defense and Full-Year Continuing Appro- Court has acknowledged are often abstract Senate, Washington, DC. priations Act, 2011 (H.R. 1473, P.L. 112–10)). and overly broad. DEAR MR. CHAIRMAN: Thank you for the op- Weldon Amendment, Section 518: ‘‘None of And it bears repeating that defendants portunity to present the Administration’s the friends appropriated or otherwise made cannot even start this program unless they position on the Weldon amendment adopted available under this Act may be used to issue can persuade a panel of judges at the outset by the House during consideration of H.R. patents on claims directed to or encom- of the proceeding that it is more likely than 2799, the Commerce-Justice-State Appropria- passing a human organism.’’ not that the patent is invalid. This is a high tions bill FY 2004, and the effect it would CODIFY THE WELDON AMENDMENT—ADD IT TO threshold, which requires the challenger to have on the United States Patent and Trade- PATENT REFORM LEGISLATION present his best evidence and arguments at mark Office (USPTO) policy on patenting Congress has each year since 2004 passed the outset. Very few patents that undergo living subject matter. For the reasons out- the Weldon Amendment to prevent any prof- this review are likely to be valid patents. lined below, we view the Weldon amendment iting from patents on humans. The Weldon Specifically, the bill’s provision applies to as fully consistent with USPTO’s policy on Amendment restricts funds under the Com- patents that describe a series of steps used to the non-patentability of human life-forms. merce, Justice, Science Appropriations bill conduct every day business applications in The Weldon Amendment would prohibit from being used by the U.S. Patent and the financial products and retail service the U.S. Patent and Trademark Office from Trademark Office (USPTO) to issue patents space. These are patents that can be and issuing any patent ‘‘on claims directed to or directed to ‘‘human organisms.’’ have been asserted against all types of busi- encompassing a human organism.’’ The The America Invents Act (H.R. 1249) may nesses—from community banks and credit USPTO understands the Weldon Amendment authorize the USPTO to pay for the issuance unions to retailers like Walmart, Bed Bath & to provide unequivocal congressional back- of patents with ‘‘user fees’’ instead of with Beyond, Best Buy, J.C. Penney, Staples and ing for the long-standing USPTO policy of Congressionally appropriated funds. If this Office Max to other companies like Dr. Pep- refusing to grant any patent containing a funding mechanism becomes law, the Weldon per Snapple Group, UPS, Hilton, AT&T, claim that encompasses any member of the Amendment restriction would not apply Facebook, Frito-Lay, Google, Marriott, Walt species Homo sapiens at any stage of devel- since it only covers funds appropriated under Disney, Delta Airlines and YouTube. opment. It has long been USPTO practice to the CJS bill. The USPTO could, thereby, This provision is not tied to one industry reject any claim in a patent application that issue patents directed to human beings with or sector of the economy—it affects every- encompasses a human life-form at any stage non-appropriated funds. one. For example, this program would allow of development, including a human embryo Patenting human beings at any stage of the Patent Office to decide whether to re- or human fetus; hence claims directed to liv- development would overturn the long-stand- view patents for business methods related to: ing ‘‘organisms’’ are to be rejected unless ing USPTO policy against issuing such pat- they include the adjective ‘‘nonhuman.’’ Printing ads at the bottom of billing state- ents. As the Quigg Memo stated in 1987 (see The USPTO’s policy of rejecting patent ap- ments below) a grant of a property right in a plication claims that encompass human life- human being is unconstitutional, and pat- Buying something online and picking it up forms, which the Weldon Amendment ele- in the store ents on humans are grounds for rejection. vates to an unequivocal congressional prohi- The Weldon restriction can be codified by Re-ordering checks online bition, applies regardless of the manner and Converting a IRA to a Roth IRA adding a provision to the America Invents mechanism used to bring a human organism Act to ensure that human beings are not pat- Getting a text message when you use your into existence (e.g., somatic cell nuclear entable subject matter. credit card transfer. in vitro fertilization, parthenogen- Codifying a ban on patenting of humans Those who argue that this provision is a esis). If a patent examiner determines that a would not violate international obligations Wall Street bailout are just plain wrong. claim is directed to a human life-form at any under the TRIPs agreement with the WTO. This is about questionable patents and the stage of development, the claim is rejected The European Union prevents patents on frivolous litigation that results from them. as non-statutory subject matter and will not human embryos on the ground that doing so This provision is important legal reform, be issued in a patent as such. would violate the public order and morality, supported by the U.S. Chamber of Commerce As indicated in Representative Weldon’s an exception the TRIPs agreement specifi- and is important for American job creators. remarks in the Congressional Record of No- cally allows under Article 27, Section 5. vember 5, 2003, the referenced language pre- WHAT THE WELDON PATENT AMENDMENT DOES PTO FEE DIVERSION COMPROMISE (H.R. 1249 cludes the patenting of human organisms, in- AND DOES NOT AFFECT MANAGERS) cluding human embryos. He further indicated that the amendment has ‘‘exactly the The Weldon Amendment does prevent the By giving USPTO access to all its funds, USPTO from patenting humans at any stage the Manager’s Amendment supports the same scope as the current USPTO policy.’’ which assures that any claim that can be of development, including embryos or USPTO’s efforts to improve patent quality fetuses, by preventing patents on claims di- and reduce the backlog of patent applica- broadly construed as a human being, including a human embryo or fetus, is not patent- rected to ‘‘human organisms.’’ tions. To carry out the new mandates of the The Weldon Amendment’s use of the term legislation and reduce delays in the patent able subject matter. Therefore, our understanding of the plain language of the Weldon ‘‘human organism’’ does include human em- application process, the USPTO must be able bryos, human fetuses, human-animal chi- to use all the fees it collects. Amendment is fully consistent with the detailed statements that the author of the meras, ‘‘she-male’’ human embryos, or The language in the Manager’s Amend- human embryos created with genetic mate- ment reflects the intent of the Judiciary amendment, Representative Weldon, has made in the Congressional Record regarding rial from more than one embryo. Committee, the Appropriations Committee, The Weldon Amendment’s use of ‘‘human and House leadership to end fee diversion. the meaning and intent of his amendment. Given that the scope of Representative organism’’ does not include the process of USPTO is 100% funded by fees paid by inven- Weldon’s amendment does not alter the creating human embryos, such as human tors and trademark filers who are entitled to USPTO policy on the non-patentability of cloning, nor does it include non-human orga- receive the services they are paying for. The human life-forms at any stage of develop- nisms, e.g., animals. language makes clear the intention not only ment and is fully consistent with our policy, Then Undersecretary James Rogan wrote to appropriate to the USPTO at least the we support its enactment. to Senate Appropriators on November 20, level requested for the fiscal year but also to With best personal regards, I remain 2003 stating that the Weldon Amendment appropriate to the USPTO any fees collected Sincerely, gave congressional backing to long-standing in excess of such appropriation. JAMES E. ROGAN, USPTO policy against patenting humans Providing USPTO access to all fees col- Under Secretary and Director. stating: lected means providing access at all points ‘‘The Weldon Amendment would prohibit during that year, including in case of a con- the U.S. Patent and Trademark Office from FRCACTION, tinuing resolution. Access also means that issuing any patent ‘‘on claims directed to or FAMILY RESEARCH COUNCIL. reprogramming requests will be acted on encompassing a human organism.’’ The within a reasonable time period and on a rea- CODIFY THE WELDON BAN ON PATENTING USPTO understands the Weldon Amendment sonable basis. It means that future appro- HUMANS to provide unequivocal congressional back- priations will continue to use language that CURRENT WELDON PATENT BAN ON HUMANS ing for the long-standing USPTO policy of guarantees USPTO access to all of its fee The Weldon Amendment is contained in refusing to grant any patent containing a collections. the annual Commerce, Justice and Science claim that encompasses any member of the

VerDate Mar 15 2010 04:30 Jun 24, 2011 Jkt 099060 PO 00000 Frm 00014 Fmt 0626 Sfmt 0634 E:\CR\FM\A23JN8.025 E23JNPT1 pwalker on DSK5TPTVN1PROD with REMARKS June 23, 2011 CONGRESSIONAL RECORD — Extensions of Remarks E1185 species Homo sapiens at any stage of devel- Supreme Court in Diamond v Chakrabarty HONORING C. FREDERICK opment. It has long been USPTO practice to expanded the scope of patentable subject ROBINSON reject any claim in a patent application that matter claiming Congress intended statutory encompasses a human life-form at any stage subject matter to ‘‘include anything under of development, including a human embryo the sun that is made by man.’’ The USPTO HON. DALE E. KILDEE or human fetus; hence claims directed to liv- eventually issued patents directed to non- OF MICHIGAN ing ‘‘organisms’’ are to be rejected unless human organisms, including animals. How- IN THE HOUSE OF REPRESENTATIVES they include the adjective ’nonhuman.’’ ever, the USPTO rejected patents on humans Thursday, June 23, 2011 Secretary Rogan concluded: ‘‘The USPTO’s (see below). policy of rejecting patent application claims Mr. KILDEE. Mr. Speaker, it is with a pro- However, as early as 2003 U.S. researchers that encompass human life-forms, which the found sadness that I rise today to pay tribute announced that they created human male-fe- Weldon Amendment elevates to an unequivo- male embryos and reportedly wanted to pat- to a dear friend, Attorney C. Frederick Robin- cal congressional prohibition, applies regard- son, who passed away on Saturday, June less of the manner and mechanism used to ent this research (http:// www.thenewatlantis.com/publications/my- 18th in Flint Michigan. bring a human organism into existence (e.g., C. Frederick Robinson moved to Flint after somatic cell nuclear transfer, in vitro fer- mother-the-embryo). The researchers trans- tilization, parthenogenesis). If a patent ex- planted cells from male embryos into female receiving his Doctorate of Jurisprudence from aminer determines that a claim is directed embryos and allowed them to grow for six Howard University in 1956. He was admitted to a human life-form at any stage of develop- days. to the State Bar of Michigan and established ment, the claim is rejected as non-statutory Because of the possibility of court chal- his practice in an office at the corner of Sagi- subject matter and will not be issued in a lenges to USPTO policy, Rep. Dave Weldon naw and Baker Streets. He practiced law in patent as such.’’ offered an amendment on July 22, 2003 to the the City of Flint continuously since that time. The Weldon Amendment does not prevent CJS Appropriations bill to prevent funding From the beginning of his career, C. Frederick patents on human cells, genes, or other tis- for patents directed to ‘‘human organisms.’’ sues obtained from human embryos or was an outstanding advocate for justice. He The Weldon amendment was adopted by human bodies. was a passionate fighter for the poor, voice vote, and was included as Section 634, Rep. Dave Weldon submitted a statement disenfranchised and minority communities and to the Congressional Record on December 8, Title VI of Division B, in the Consolidated I have been his friend for over 50 years. 2003 clarifying that the Weldon Amendment Appropriations Act, 2004 (P.L. 108–199). The As a leader in the civil rights movement, C. accompanying report language clarified its would not prevent patents for non-human or- Frederick’s list of landmark cases is extensive. scope: ‘‘The conferees have included a provi- ganisms even with some human genes. Nor He initiated the complaint that ended the Flint would it affect patents for human cells, tis- sion prohibiting funds to process patents of human organisms. The conferees concur with Board of Education practice of separate sues or body parts, or for methods of cre- screening committees for black and white ating human embryos. the intent of this provision as expressed in Rep. Weldon stated: ‘‘This amendment the colloquy between the provisions sponsor teachers. He initiated the lawsuit that ended should not be construed to affect claims di- in the House and the ranking minority mem- the Flint Memorial Park Cemetery practice of rected to or encompassing subject matter ber of the House Committee on Appropria- not allowing blacks to be buried at the ceme- other than human organisms, including but tions as occurred on July 22, 2003, with re- tery. He participated in the lawsuit that de- not limited to claims directed to or encom- spect to any existing patents on stem cells.’’ clared the local loitering ordinance unconstitu- (Conference Report 108–401). passing the following: cells, tissues, organs, tional. He led the effort to have the first black or other bodily components that are not The Weldon amendment has been included to be elected to the Flint Board of Education themselves human organisms (including, but each year in the CJS appropriations bill not limited to, stem cells, stem cell lines, and the fight to have the first black female since 2004 and reflected the USPTO policy elected to the same body. He was instru- genes, and living or synthetic organs); hor- against patenting humans as outlined in 3 mones, proteins or other substances pro- USPTO official documents. mental in the election of the first black Sec- duced by human organisms; methods for cre- retary of State in Michigan. He participated in ating, modifying, or treating human orga- First, the USPTO published the ‘‘Quigg the lawsuit to allow the NAACP to erect a plat- nisms, including but not limited to methods memo’’ in its Official Gazette on January 5, 1993, which was written in 1917 stating: ‘‘The form at Flint City Hall to hold a rally. He also for creating human embryos through in vitro represented Clifford Scott in a lawsuit to enact fertilization, somatic cell nuclear transfer, Patent and Trademark Office now considers nonnaturally occurring non-human multicel- Affirmative Action in the construction business. or parthenogensis; drugs or devices (includ- In 1968 C. Frederick Robinson helped ing prosthetic devices) which may be used in lular living organisms, including animals, to or on human organisms.’’ be patentable subject matter within the shape civil rights history in the United States. The Weldon amendment does not ban scope of 35 U.S.C. 101.... A claim directed He and his partner, A. Glen Epps, wrote Flint’s human stem cell patents, including patents to or including within its scope a human open housing ordinance. I remember numer- on human embryonic stem cells. ‘‘Stem being will not be considered patentable sub- ous open housing strategy sessions at C. cells’’ are not ‘‘organisms.’’ ject matter under 35 U.S.C. 101.’’ Further- Frederick’s office, the 50 Grand Club, the Vets more, it ‘‘suggests’’ that that any claim di- On December 2, 1998, several scientists sup- Club, and the Golden Leaf. I also recall the portive of federal funding of human embry- rected to ‘‘a non-plant multicellular organism which would include a human being picket lines which brought Governor George onic stem cell research testified before the Romney to Flint for a unity rally that drew Senate Subcommittee on Labor, Health and within its scope include the limitation ‘non- Human Services, and Education Committee human’ to avoid this ground of rejection.’’ thousands. The ordinance was placed on the on Appropriations that ‘‘stem cells’’ are not Second, the USPTO policy is also con- ballot and C. Frederick was determined it ‘‘human organisms.’’ When asked, Dr. James tained in an official media advisory issued would pass. C. Frederick was tireless in his ef- Thomson who first obtained human embry- on April 2, 1998 in response to news about s forts to galvanize the community when work- onic stem cells, and has patents on those patent application directed to a human/non- ing on the fair housing referendum. When the stem cell lines, responded: ‘‘They am not or- human chimera. USPTO claimed that pat- vote was taken on February 20, 1968, Flint ganisms and they are not embryos.’’ ents ‘‘inventions directed to human/non- became the first city in the nation to pass by Despite claims in 2003 that the Weldon human chimera could, under certain cir- popular vote an open housing referendum. C. amendment in 2003 would ban stem cell pat- cumstances, not be patentable because, ents, the USPTO has maintained several em- among other things, they would fail to meet Frederick said years later about the vote, ‘‘We bryonic stem cell patents issued previously. the public policy and morality aspects of the resolved to change the community, we nar- The USPTO has also issued several new pat- utility requirement.’’ rowly won.’’ He was a seeker of justice and a ents on human embryonic stem cells since Third, the USPTO policy is contained in natural leader who was assertive when push- 2003, and has issued roughly 300 new patents the Manual of Patent Examining Procedure ing for what he believed in. on pluripotent stout cells. The Weldon (MPEP) section 2105 under ‘‘Patentable Sub- For his lifetime of service, C. Frederick was amendment only affects patents on human ject Matter.’’ The MPEP states that the inducted into the National Bar Association Hall organisms. (Note, the EU recently reaffirmed USPTO ‘‘would now consider nonnaturally of Fame. Other organizations that have hon- its rejection of patents on embryonic stem occurring, nonhuman multicellular living or- cells, yet, the Weldon amendment does not ored him include the Mallory, Van Dyne and ganisms, including animals, to be patentable follow suit). Scott Bar Association, the Genesee Bar Asso- subject matter within the scope of 35 U.S.C. ciation, and the NAACP. He has served as an HISTORY AND BACKGROUND 101. If the broadest reasonable interpretation Longstanding United States Patent and of the claimed invention as a whole encom- Executive Board Member of the NAACP, Trademark Office (USPTO) policy states passes a human being, then a rejection under President of the Community Civil League, was that human beings at any stage of develop- 35 U.S.C. 101 must be made indicating that a founder and President of the Urban Coalition ment are not patentable subject matter the claimed invention is directed to non- of Flint. He was a member of Christ Fellow- under 35 U.S.C. Section 101. In 1980, the U.S. statutory subject matter.’’ ship Baptist Church, a life member of the Flint

VerDate Mar 15 2010 04:30 Jun 24, 2011 Jkt 099060 PO 00000 Frm 00015 Fmt 0626 Sfmt 9920 E:\CR\FM\A23JN8.027 E23JNPT1 pwalker on DSK5TPTVN1PROD with REMARKS E1186 CONGRESSIONAL RECORD — Extensions of Remarks June 23, 2011 NAACP, and a member of the Trade Leader resenting over 40 percent of America’s hotels Exemplary citizens such as Robert and El- Membership Council. Deeply committed to and motels, AAHOA is the voice of owners in eanor Holmes should be appreciated and ac- education, he prepared his three daughters, the hospitality industry. It is now one of the knowledged by our society. It is fitting that the Dr. Debra Robinson, Attorney Rachel Robin- fastest-growing organizations in the industry, Family Nurturing Center of CNY, Inc. has se- son, and Yvette Robinson, a Social Worker, to with more than 10,000 members owning more lected the Holmes as its Family of the Year. work hard and achieve their dreams. than 20,000 hotels that total $128 billion in There is no greater gift than that of a stable Mr. Speaker, I ask the House of Represent- property value. AAHOA is dedicated to pro- and safe home, which is the gateway to a atives to take a moment of silence to remem- moting and protecting the interests of its mem- bright future. Robert and Eleanor Holmes are ber the life of C. Frederick Robinson. My con- bers by inspiring excellence through programs ideal Americans whose story should be cele- dolences go out to his family and friends. I and initiatives in advocacy, industry leader- brated. Mr. Speaker, I proudly ask you to join deeply mourn his passing and will miss his en- ship, professional development, member ben- me in honoring Robert and Eleanor Holmes thusiasm, his outspoken passion for justice, efits, and community involvement. for their exceptional generosity and kindness. and his love of life. May his legacy of compas- I am proud of AAHOA’s growth and look for- f sion for those less fortunate live on after him ward to its continued success in the future for many, many years. creating jobs for the people of America. RECOGNIZING COMMANDER ROB WARREN OF THE U.S. COAST f f GUARD PERSONAL EXPLANATION PERSONAL EXPLANATION HON. FRANK A. LoBIONDO HON. JOHN J. DUNCAN, JR. HON. RICK BERG OF NEW JERSEY OF NORTH DAKOTA OF TENNESSEE IN THE HOUSE OF REPRESENTATIVES IN THE HOUSE OF REPRESENTATIVES IN THE HOUSE OF REPRESENTATIVES Thursday, June 23, 2011 Thursday, June 23, 2011 Thursday, June 23, 2011 Mr. LOBIONDO. Mr. Speaker, I rise today to Mr. BERG. Mr. Speaker, due to emergency Mr. DUNCAN of Tennessee. Mr. Speaker, honor Commander Rob Warren of the U.S. flooding in my home state of North Dakota, I on rollcall No. 472, final passage of H.R. 2021 Coast Guard for his exemplary service over will be unavoidably detained for the remainder ‘‘to amend the Clean Air Act regarding air pol- the past two years as the Coast Guard’s Liai- of the week (Beginning at 4 p.m. on Thursday, lution from Outer Continental Shelf activities,’’ son to the House of Representatives. June 23). I ask that everyone please join me I mistakenly voted ‘‘nay’’ when I intended to Commander Warren, a 1992 graduate of the in keeping these residents who are fighting for vote ‘‘yea.’’ I have always supported efforts to Coast Guard Academy, has personified public their homes and their communities in your expand American oil production. service throughout his operationally distin- thoughts and prayers, and to stand with Minot guished nineteen year career. Having served f and other communities up and down the on three Coast Guard Cutters, including a tour Souris River to ensure a strong recovery. ASIAN AMERICAN HOTEL OWNERS as the Commanding Officer of TYBEE, Com- ASSOCIATION APPRECIATION f mander Warren arrived here in Washington in HONORING ROBERT AND ELEANOR the summer of 2009, having just completed a HON. JOE WILSON HOLMES FOR THEIR OUT- successful assignment as the Chief of Re- OF SOUTH CAROLINA STANDING KINDNESS AND GEN- sponse Operations in Sector San Juan, Puerto IN THE HOUSE OF REPRESENTATIVES EROSITY IN THE ADOPTION AND Rico. He quickly learned to navigate the rocky Thursday, June 23, 2011 PARENTING OF THEIR 5 GREAT shoals of Capitol Hill and has become a trust- GRANDSONS. ed voice on all things pertaining to both the Mr. WILSON of South Carolina. Mr. Speak- Coast Guard and the maritime domain. His er, Asians have a rich tradition of entrepre- passion, candor, and intellect are second to neurship, self-improvement, and family values. HON. RICHARD L. HANNA OF NEW YORK none and earned him a coveted seat at the After India’s independence in 1947, many of IN THE HOUSE OF REPRESENTATIVES Army War College’s Senior Service School, that country’s young people immigrated to the where he will spend the next year studying United States to pursue their education and Thursday, June 23, 2011 National Security Strategy and the principles ‘‘the American Dream.’’ The hospitality indus- Mr. HANNA. Mr. Speaker, I proudly rise of senior command. try was a popular career choice because it of- today to recognize Robert and Eleanor I would like to thank him for his service to fered immediate housing and cash flow, as Holmes, retired couple in their 70’s who adopt- both the Congress and the nation and wish well as the opportunity to assimilate into soci- ed and are raising their five great-grand- him and his family fair winds and following ety despite any cultural differences. children. On September 15, 2006, a Family seas in their future endeavors. Soon, the name ‘‘Patel’’ became synony- Court judge declared the boys’ home life un- f mous with the hotel business. In ancient India, suitable, yet despite their retirement, Robert rulers appointed a record keeper to keep track and Eleanor volunteered to nurture and pro- HONORING THE TOWN OF CARMEL, of annual crops on each parcel of land, or vide for these children. Mr. and Mrs. Holmes MAINE ‘‘pat.’’ That person became known as a provide their great-grandchildren with an envi- ‘‘Patel.’’ At first, many of these hoteliers met ronment that includes love, support, direction HON. MICHAEL H. MICHAUD with resistance, especially from bankers and and discipline. OF MAINE insurance companies who discriminated Robert formerly worked as a drug edu- IN THE HOUSE OF REPRESENTATIVES against Indians, specifically those with the last cational counselor for the Utica and Syracuse name Patel. schools systems. Much of his work involved Thursday, June 23, 2011 To resolve this issue, a group of hoteliers motivational speeches encouraging students Mr. MICHAUD. Mr. Speaker, I rise today to formed a hospitality association in 1985 and to make safe, healthy choices, establish honor the Town of Carmel, Maine as it cele- grew its membership nationwide. Eventually strong self-esteem and model citizenship val- brates its 200TH Anniversary. the Asian American Hotel Owners Association ues—all of which he has now passed on to his First purchased in 1695 by Martin Kinsley of (AAHOA) was born from the merger of similar great-grandchildren. Hamden, Carmel was later founded by the groups. Last week, AAHOA held its annual na- Thanks to Mr. and Mrs. Holmes, these Rev. Paul Ruggles, his wife Mercy and his tional convention at The Sands Expo Center in brothers were able to transition together into a brother Abel. The three first settlers named Las Vegas, Nevada. I was hosted by the safe and happy family environment. It is truly the town for the biblical prophet Elijah’s expe- 2010–2011 AAHOA Board of Directors made exceptional for the boys to have two positive rience on Mt. Carmel. up of Chairman Hemant (Henry) Patel, Vice role models in their lives. Each of the five Located in the heart of Penobscot County, Chairman Alkesh Patel, Treasurer Mukesh boys have become excellent students. They Carmel grew from 387 people at incorporation (Mike) Patel, Secretary Pratik (Prat) Patel, Ex- participate in athletics and are well-known for in 1811 to nearly 1,400 people by 1870. It is officio Chandrakant (C.K.) Patel, and Presi- being polite and courteous. A true happy fam- a town steeped in the history of Maine, grow- dent Fred Schwartz. I was accompanied by ily, Robert and Eleanor can be seen cheering ing from a small farming village into a mill Second Congressional District Communica- for the boys at almost every one of their sport- town renowned for its textiles, boots and tions Director Neal Patel of Nichols, S.C. Rep- ing events. shoes.

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Carmel’s residents are still tied to their principles and joined both the International delegation (Mrs. SCHWARTZ, Mr. KELLY, Mr. roots; descendents of the early settlers con- Monetary Fund and the World Bank. In 1999, BRADY, Mr. MURPHY, Mr. SHUSTER, Mr. HOL- tinue to live throughout the town. Today, Car- Hungary acceded to the North Atlantic Treaty DEN, Mr. MARINO, Mr. THOMPSON, Mr. PITTS, mel continues to push ahead through new Organization and formally became a military Mr. ALTMIRE, Mr. GERLACH, Mr. FITZPATRICK, challenges. The town boasts nearly 2,800 resi- ally of the United States. In 2004, Hungary ac- Mr. BARLETTA, Mr. FATTAH, Mr. CRITZ, Mr. dents, a far cry from its founding. While the ceded to the European Union and for the first DOYLE, Mr. DENT, Mr. PLATTS), I would like the two dozen school houses that were a fixture of six months of this year Hungary held the rotat- following statement submitted for the record. I the community have been replaced with ing presidency of the EU Council. rise today to honor Rear Admiral Kenneth J. homes, businesses and the Simpson Memorial In the past three decades, the United Braithwaite, II. States, home to more than 1.5 million Hun- Library, Carmel continues to look toward the On June 3, 2011, at the United States Naval garian-Americans, offered Hungary assistance future with a sense of possibility. Academy, the U.S. Navy celebrated the retire- and expertise as the country established a Mr. Speaker, please join me in recognizing ment of a long standing flag officer, Rear Ad- constitutional, democratic political system, and the town of Carmel, Maine on its 200th birth- miral Kenneth J. Braithwaite, II. Rear Admiral a free market economy. The United States day. Braithwaite served his country for over 25 Government provided expert and financial as- f years. Prior to his retirement, the Navy’s Vice sistance for the development of modern west- Chief of Information served as the principal RECOGNIZING THE PEOPLE OF ern institutions in Hungary, including those re- Navy Reserve liaison and advisor to the Chief HUNGARY sponsible for national security, law enforce- of Information having responsibility for formu- ment, free media, environmental regulations, education, and health care. lating strategic communications counsel to the HON. DAN BURTON leadership of the Department of the Navy. OF INDIANA With the Iron Curtain lifted, the Support for East European Democracy Act provided more Concurrently, he served as the head of the IN THE HOUSE OF REPRESENTATIVES than $136 Million for economic restructuring Navy Reserve (NR) Public Affairs program Thursday, June 23, 2011 while the Hungarian-American Enterprise Fund and as an adjunct advisor to the Commander, Mr. BURTON of Indiana. Mr. Speaker, I rise offered loans, equity capital, and technical as- Navy Reserve Force. today to recognize the people of Hungary sistance to promote private-sector develop- A 1984 graduate of the United States Naval whose longstanding commitment to freedom is ment. Most importantly, direct investment from Academy, Braithwaite was designated a naval a testament to the world that freedom and de- the United States has had a positive impact aviator in April 1986. His first operational as- mocracy are attainable goals for all people. As on the Hungarian economy. signment was to Patrol Squadron 17, NAS Americans, we celebrate with the people of The progress of freedom within Hungary Barbers Point, Hawaii. He flew anti-submarine Hungary as they unveil a statue of Ronald has also allowed Hungary to support freedom missions tracking adversary submarines Reagan to commemorate his centennial birth- around the globe. Hungary played a critical throughout the Western Pacific and Indian day. Hungary is one of America’s greatest al- role in implementing the Dayton Peace Ac- Ocean regions. lies and it warms my heart to know that they cords in the Balkans by allowing its airbase at In April 1988, Braithwaite was selected for rejoice with us in the memory of this hero of Tasza´r to be used by coalition forces transiting redesignation as a public affairs officer (PAO) freedom. the region. This support has continued, in with his initial tour aboard the aircraft carrier The U.S.-Hungarian friendship is one of our 2008, the Hungarian military took command of USS America (CV–66). He had additional duty oldest and most enduring. Throughout this re- a joint battalion in the Balkans that operates in as a PAO to Commander Carrier Group 2 and lationship, many Hungarians have also stood support of NATO missions in the region. Commander, Striking Force 6th Fleet. He for the cause of liberty and are worthy of our In 2003, Hungary helped the coalition in Iraq made both a North Atlantic Treaty Organiza- recognition here in the House of Representa- by deploying a 300-strong battalion as part of tion (NATO) Force deployment to the North tives. the Multi-National Force, and by allowing the Atlantic operating above the Arctic Circle and ´ A Hungarian by the name of Michael Kovats Taszar airbase again to be used in training the a Mediterranean/Indian Ocean cruise where de Fabriczy volunteered his services to Ben- Free Iraqi Forces. In Afghanistan, Hungary the battle group responded to tensions in the jamin Franklin, then the American Ambas- leads a Provincial Reconstruction Team and Persian Gulf. In 1990, he was assigned to the sador in Paris, during the Revolutionary War. has deployed an Operational Mentoring and staff of the Commander, Naval Base Philadel- This Hungarian patriot, who was essential in Liaison Team, which works in partnership with phia as chief of Public Affairs. creating America’s first cavalry unit, was killed the Ohio National Guard and other United States military personnel. Perhaps most im- Braithwaite left active duty in 1993 and im- in battle near Charleston, South Carolina. mediately resumed naval service in the re- Soon after Fabriczy’s death Americans gained portantly, Hungary’s Pa´pa Airbase is the home to the C–17 operations of the Multinational serve where he served with numerous com- their independence; unfortunately, freedom for mands from Boston to Norfolk. Additionally Hungary and her people would require a much Strategic Airlift Consortium which supports the International Security Assistance Force in Af- during this time he earned a master’s degree longer fight. in Government Administration in April 1995 A bust of Lajos Kossuth, a politician and ghanistan, as well as various U.S., EU and with honors from the University of Pennsyl- journalist who fought for freedom in the 1848 NATO peacekeeping and humanitarian oper- vania. Hungarian Revolution, sits in a vestibule just ations around the world. outside of the crypt of this building. Exiled The Hungarian people’s longstanding com- In October 2001, Braithwaite assumed com- from Hungary, Kossuth came to America and mitment to freedom has allowed Hungary to mand of NR Fleet Combat Camera Atlantic at became just the second foreigner to address become a key American ally and an important Naval Air Station, Willow Grove, Pa. During a joint session of the United States Congress. strategic partner in Europe. Our common com- this tour the command was tasked with pro- An inspiring speaker, Kossuth then traveled mitment to freedom is based on our common viding support to the Joint Task Force (JTF) across the United States to promote the prin- belief in the values of democracy, rule of law, Commander, Guantanamo Bay, Cuba. In ciple of democratic government. diversity, tolerance, and social mobility. I call March 2003 Braithwaite deployed for Oper- Nearly two hundred years after our own rev- on all Hungarians and Americans to continue ation Iraqi Freedom with a portion of his com- olution, in 1956, the people of Hungary rose to uphold these values as our countries con- mand in support of naval operations to capture up against communist rule and succeeded in tinue to work closely to advance freedom the port of Umm Qasr. Following this tour he toppling the government before being crushed across the globe. served as commanding officer of Navy Office by Soviet troops. In the face of that defeat, the f of Information New York 102. courageous people of Hungary continued their HONORING REAR ADMIRAL Most recently Braithwaite served as Com- fight. Victory came in 1989, when Hungary KENNETH J. BRAITHWAITE, II mander, Joint Public Affairs Support Element- opened its border with the West. Hungary then Reserve (JPASE–R) from October of 2004 to became the first of the former Soviet bloc HON. PATRICK MEEHAN October 2007. In this role he commanded a countries to transition to a Western-style par- 50-person joint public affairs expeditionary unit OF PENNSYLVANIA liamentary democracy, holding its first free that was forward deployed to support Joint IN THE HOUSE OF REPRESENTATIVES parliamentary elections in 1990. Combatant Commanders in time of conflict. In the last twenty years Hungarians have Thursday, June 23, 2011 While in command and following the dev- embraced their freedom. The country Mr. MEEHAN. Mr. Speaker, On behalf of astating earthquake in Pakistan in 2005, privatized its economy, adopted free-market myself and my colleagues in the Pennsylvania Braithwaite was deployed to Pakistan as part

VerDate Mar 15 2010 04:30 Jun 24, 2011 Jkt 099060 PO 00000 Frm 00017 Fmt 0626 Sfmt 9920 E:\CR\FM\A23JN8.035 E23JNPT1 pwalker on DSK5TPTVN1PROD with REMARKS E1188 CONGRESSIONAL RECORD — Extensions of Remarks June 23, 2011 of the Joint Task Force for Disaster Assist- leadership’s use of politically motivated selec- ties have largely downplayed concerns voiced ance serving as the director of Strategic Com- tive prosecution to harass high-ranking offi- by the European Union, which they aspire to munications working for both the JTF Com- cials from the previous government. The coun- join someday, and by the United States, with mander and the U.S. Ambassador in try’s once-promising democratic future is in which Kyiv professes to seek better relations. Islamabad. jeopardy. While we face many serious chal- The U.S. also desires enhanced bilateral His decorations include the Defense Meri- lenges in every region of the world today, ties. Yet, moving in the wrong direction on torious Service Medal (with oak leaf cluster), nonetheless it is imperative that Washington human rights, democracy and the rule of law Meritorious Service Medal, Navy Commenda- focus attention on what is happening in decidedly works against strengthening U.S.- tion Medal (5) with Combat ‘‘V’’, Navy Ukraine—especially given that country’s vital Ukrainian relations. More importantly, the ero- Achievement Medal, Combat Action Ribbon role in the region. sion of hard-won democratic freedoms weak- and numerous campaign and service medals. As a long-time member and current Chair- ens Ukraine’s independence and harms the In his civilian career, Braithwaite is senior vice man of the Helsinki Commission, I have fol- people of Ukraine, who have endured a pain- president, Hospital and Healthsystem Associa- lowed and spoken out on developments in ful history as a captive nation over the course tion of Pennsylvania where he leads the Dela- Ukraine since the early 1980’s, when the of the last century. Indeed, as Ukraine this ware Valley Healthcare Council in Philadel- rights of the Ukrainian people were completely week marks the 70th anniversary of the brutal phia. denied and any brave soul who advocated for Nazi invasion, we mourn the loss of life and His commitment to the Navy and our Nation freedom was brutally persecuted. untold human suffering of that horrific war. would not have been possible without the sup- Mr. Speaker, for nearly two decades, inde- Against this backdrop of devastation port and love of his family, especially his wife pendent Ukraine has been moving away from wreaked by totalitarian regimes in the 20th Melissa, his daughter, Grace and his son, Har- its communist past while establishing itself as century, Ukrainians deserve to have the prom- rison. an important partner to the United States. ise of democracy made possible by their inde- We commend and thank Rear Admiral Both the executive branch and Congress, on pendence fully realized. Braithwaite for his relentless and selfless dedi- a bipartisan basis, have provided strong polit- A few days ago, President Yanukovych said cation to serving our country with honor and ical support and concrete assistance for that he would take into account the criticisms distinction. Ukraine’s independence and facilitated in Freedom House’s recent ‘‘Sounding the f Ukraine’s post-Communist transition. In the Alarm: Protecting Democracy in Ukraine’’ re- wake of the 2004 Orange Revolution, Ukraine port. His promise is encouraging, but words JOBS AND ENERGY PERMITTING even became a beacon of hope for other post- alone are not enough. All friends of Ukraine ACT OF 2011 Soviet countries, earning the designation of should measure his words by actual and ‘‘Free’’ from Freedom House—the only country meaningful changes that improve the state of SPEECH OF among the 12 non-Baltic former Soviet repub- democracy and human rights for the Ukrainian HON. CHRIS VAN HOLLEN lics to earn such a ranking. And while many of people. OF MARYLAND the promises of that revolution have sadly f IN THE HOUSE OF REPRESENTATIVES gone unfulfilled, one of its successes had been Ukraine’s rise from ‘‘Partly Free’’ to INTRODUCTION OF CENTER TO AD- Wednesday, June 22, 2011 ‘‘Free,’’ reflecting genuine improvements in VANCE, MONITOR, AND PRE- The House in Committee of the Whole human rights and democratic practices. SERVE UNIVERSITY SECURITY House on the State of the Union had under Under President Viktor Yanukovych, elected SAFETY ACT OF 2011 consideration the bill (H.R. 2021) to amend in February 2010, this promising legacy may the Clean Air Act regarding air pollution vanish. Today we see backsliding on many HON. ROBERT C. ‘‘BOBBY’’ SCOTT from Outer Continental Shelf activity: fronts, which threatens to return Ukraine to OF VIRGINIA Mr. VAN HOLLEN. Madam Chair, I rise in authoritarianism and jeopardizes its independ- IN THE HOUSE OF REPRESENTATIVES strong opposition to the Jobs and Permitting ence from Russia. Among the most worrisome Thursday, June 23, 2011 Act. of these trends are: consolidation of power in This legislation has nothing to do with low- the presidency which has weakened checks Mr. SCOTT of Virginia. Mr. Speaker, today ering the price of gasoline—and even less to and balances; backpedaling with respect to I rise to introduce the Center to Advance, do with jobs. Instead, H.R. 2021 simply pro- freedom of expression and assembly; various Monitor and Preserve University Security poses to exempt significant offshore drilling forms of pressure on the media and civil soci- (’’CAMPUS’’) Safety Act of 2011. This legisla- activities from the Clean Air Act while elimi- ety groups; attempts to curtail academic free- tion passed the House in both the 110th and nating or truncating appropriate permit review. dom and that of institutions and activists who 111th Congresses and I hope to get it signed Additionally, contrary to proponents’ focus on peacefully promote the Ukrainian national into law in the 112th Congress. The purpose Alaska, today’s legislation threatens onshore identity; and seriously flawed local elections. of the legislation is to enable our institutions of air quality up and down the east and west Meanwhile, endemic corruption—arguably the higher education to more easily obtain the coasts, including my home state of Maryland. greatest and most persistent threat to Ukrain- best information available on how to keep our Madam Chair, the current majority is some- ian democracy and sovereignty—as well as campuses safe and how to respond in the how under the impression that you can’t have the weak rule of law and the lack of an inde- event of a campus emergency. The bill cre- jobs unless you have dirty air. The forty year pendent judiciary, which were not seriously ates a National Center for Campus Public history of the Clean Air Act proves beyond a addressed by the Orange governments, have Safety (‘‘Center’’), which will be administered shadow of a doubt that this simply isn’t true. only become more pronounced under the cur- through the Department of Justice. The Center Rather than rolling back the clock on our envi- rent regime. is designed to train campus public safety ronmental laws, we should be accelerating the Moreover, in recent months, we have seen agencies in state of the art practices to assure deployment of clean energy technologies that intensified pressure on opposition leaders, campus safety, encourage research to will create jobs, grow our economy and make even selective prosecutions of high-ranking strengthen college safety and security, and our nation more secure. members of the previous government. The serve as a clearinghouse for the dissemination f vast majority of observers both within and out- of relevant campus public safety information. side Ukraine see these cases, which have tar- The Director of the Center will have authority UKRAINE’S DEMOCRATIC geted former Prime Minister Yuliya to award grants to institutions of higher learn- REVERSALS Tymoshenko and former Interior Minister Yuriy ing to help them meet their enhanced public Lutsenko among others, as politically moti- safety goals. HON. CHRISTOPHER H. SMITH vated acts of revenge which aim to remove Over the past few years we have seen nu- OF NEW JERSEY possible contenders from the political scene, merous tragedies occur at colleges and uni- IN THE HOUSE OF REPRESENTATIVES especially in the run-up to next year’s par- versities, including the disastrous events that liamentary elections. occurred at Virginia Tech and Northern Illinois Thursday, June 23, 2011 Mr. Speaker, the Helsinki Commission has University. Unfortunately, because these Mr. SMITH of New Jersey. Mr. Speaker, I closely monitored these troubling trends as events were the first of their kind for the na- rise to express my deep concern about the have the U.S., other Western governments, tion, our schools had not developed knowl- deterioration of democracy in Ukraine over the and the European Parliament and Council of edge on how best to prevent such tragedies or past 16 months, and the current Ukrainian Europe. Unfortunately, the Ukrainian authori- on how to respond in their aftermath. While

VerDate Mar 15 2010 04:30 Jun 24, 2011 Jkt 099060 PO 00000 Frm 00018 Fmt 0626 Sfmt 9920 E:\CR\FM\A23JN8.037 E23JNPT1 pwalker on DSK5TPTVN1PROD with REMARKS June 23, 2011 CONGRESSIONAL RECORD — Extensions of Remarks E1189 there is growing awareness that such threats erosity and commitment to our community and ship. We broke bread together and enjoyed are possible anywhere, many schools still the world. visiting them at their farm home. Family was have not developed safety protocols that f very important to Sheridan. His son, Lindsey, would prepare them to maximize the pros- Lindsey’s wife, Beth, and their 3 children pects of preventing such tragedies or to effec- HONORING SHERIDAN LEE Teddy, Marlin and Freya; son, Lynn, his hus- tively respond to them should they occur de- band, Steve, and their daughter Addison; and spite sound prevention efforts. The recent HON. DALE E. KILDEE daughter, Megan, are all politically active. shooting at Old Dominion University is an un- OF MICHIGAN Sheridan was very proud that he inspired his fortunate reminder of the need for this legisla- IN THE HOUSE OF REPRESENTATIVES children to carry on his work in their own com- tion. Thursday, June 23, 2011 munities. Our nation’s colleges and universities play a Mr. KILDEE. Mr. Speaker, it is with a heavy All who have shared Sheridan’s friendship large role in the development of our next gen- heart that I rise to pay tribute to Sheridan Lee are better people because of that. I know that eration of leaders and we should assist them of my district who died on June 9, 2011. We I am a better congressman but more signifi- in their efforts to keep our campuses and our have lost a strong and vigorous supporter of cantly a better human being because of Sheri- students safe. The Clery Act already requires human dignity and justice. dan Lee and his talented wife, Maryion. schools to have safety plans in order to par- A lifelong resident of Genesee County, f ticipate in the Title IV deferral student aid pro- Sheridan spent 3 years in the Marine Corps. grams, however, currently there is no one He returned to Flint and worked in the banking TRIBUTE TO PAUL M. DOWD AND place for schools to obtain reliable and useful industry for 35 years, retiring from Bank One THE NAMING OF THE BASEBALL information. It makes little sense to require the as Vice President of Commercial Loans. His FIELD AT WAHCONAH PARK IN thousands of institutions of higher education to first hand experience as the owner of the Hale PITTSFIELD, MASSACHUSETTS individually go through the cost and effort to Hat Shop helped him understand the struggles IN HIS HONOR develop comprehensive plans. Instead, they small businesses faced and he was very ought to be able to obtain guidance and as- proud that he was able to help so many busi- HON. JOHN W. OLVER sistance, including best practices, from a ‘‘one nesses in Flint. OF MASSACHUSETTS stop shop’’ like the Center. For over 45 years, Sheridan was an uncom- IN THE HOUSE OF REPRESENTATIVES The CAMPUS Safety Act will help institu- promising advocate for a better nation. While Thursday, June 23, 2011 tions of higher learning understand how to Sheridan was active in Michigan politics be- prevent such tragedies from occurring, and fore 1968 his true leadership shined at the Mr. OLVER. Mr. Speaker, today I rise to pay how to respond immediately and effectively in 1968 Congressional District Convention when tribute to Paul M. Dowd for his longtime serv- case they do. as the Vice-Chair of the New Democratic Coa- ice to the City of Pittsfield, Massachusetts, I urge my colleagues to cosponsor and sup- lition he gathered a group that became known and whose name will hereinafter be associ- port this important legislation to ensure that as the Kennedy-McCarthy Coalition and elect- ated with the historic baseball field at our institutions of higher education have ac- ed seven of the eight delegates to the Na- Wahconah Park in Pittsfield. cess to the information necessary to keep tional Democratic Convention, including my- Mr. Dowd first came to Pittsfield in 1966 as their schools safe. self. Sheridan was not satisfied with just say- a pitcher for the Pittsfield Red Sox—having f ing or singing Kumbaya. He was not content been signed by that organization in 1964— HONORING THEODORE C. MAX, with only sentimentalism. He was a persistent, from his home state of Michigan, where he M.D., WITH THE PRESTIGIOUS tireless activist. Sheridan pursued justice also attended Ferris State College. He has ROSAMOND CHILDS AWARD FOR unrelentingly. On October 14, 1969 Sheridan been a full-time resident of Pittsfield for the COMMUNITY PHILANTHROPY presided over the largest peace rally ever held past 35 years. During that time, he has gener- in Flint, Michigan to protest the Vietnam war. ously dedicated his time to the community. Over 4000 citizens assembled at Wilson Park Thirty years ago, Mr. Dowd founded the HON. RICHARD L. HANNA to express their anger over our nation’s war Berkshire County Chapter of the Jimmy Fund OF NEW YORK policy. On that site today stands a statue of and remains active as its president. He was IN THE HOUSE OF REPRESENTATIVES Gandhi, a monument to peace. elected to the Pittsfield City Council for six Thursday, June 23, 2011 His political involvement was all encom- years, served in the United States Marine Re- Mr. HANNA. Mr. Speaker, I proudly rise passing. He was a great strategist and orga- serves, coached Little League baseball, and is today to recognize Theodore C. Max, M.D. nizer but he contributed his physical labor to a member of the Knights of Columbus, Elks Theodore C. Max recently received the honor whatever was needed—from going door to Lodge, and American Legion. Mr. Dowd is well of the prestigious Rosamond Childs Award for door to assembling and distributing yard signs known in the community for his selfless and Philanthropy, presented by the Community for the Kildee campaign and other Democrats. thoughtful commitment to improving the quality Foundation of Herkimer and Oneida Counties, He helped drive dignitaries when they visited of life for children afflicted with cancer. Inc. Flint including Secretary of Education Richard In recognition of his magnanimous service Theodore C. Max has held a strong pres- Riley during the 2000 campaign. As the former to the community and its children, the Pittsfield ence as a leading surgeon in the Utica area Treasurer of the Genesee County Democratic City Council and the Pittsfield Park Commis- for more than 30 years. The author of numer- Party, Sheridan was recognized by the Michi- sion voted unanimously to name the baseball ous publications, he has presented at con- gan Democratic Party this year when they field at Wahconah Park as the Paul M. Dowd ferences across the country, and has been ac- named him the Senior Citizen Volunteer of the Field. Because of his outstanding commitment knowledged in Who’s Who in Medicine and Year at the annual Jeff-Jack Dinner. Indeed to the welfare of Pittsfield’s citizenry, Mr. Healthcare, and Who’s Who in the World. A his telephone answering message gave no Dowd is most deserving of this high honor. University of Rochester graduate and cele- question as to his fervent political affiliation: f brated local physician, Theodore C. Max has ‘‘Hello. You have reached the Lee residence, received numerous awards, both for his pro- the home of good Democrats.’’ AMERICA INVENTS ACT fessional and personal contributions to our so- In 2004, Sheridan and his wife, Maryion, ciety. formed the Progressive Caucus of the Gen- SPEECH OF The Rosamond Childs Award for Commu- esee County Democratic Party. They started HON. JAMES P. MORAN nity Philanthropy is awarded to individuals dis- the Caucus to focus on educating the public OF VIRGINIA playing an inspirational spirit of generosity and about health care, the war, and other issues IN THE HOUSE OF REPRESENTATIVES compassion. Theodore C. Max, M.D., exempli- affecting the people of our country. They be- fies these values and his legacy is sure to lieve the public was getting a slanted view of Wednesday, June 22, 2011 leave a positive impact on generations to issues and they decided to do something to The House in Committee of the Whole come. Community figures such as Theodore correct it. They held numerous town hall meet- House on the State of the Union had under C. Max, M.D., must be recognized for the ings and seminars to give people an oppor- consideration the bill (H.R. 1249) to amend dedication and selflessness they display for tunity to express their views and hear a variety title 35, United States Code, to provide for their communities. of opinions. patent reform: Mr. Speaker, I proudly ask you to join me in My wife, Gayle, and I appreciated their Mr. MORAN. Madam Chair, I rise today to honoring Theodore C. Max, M.D., for his gen- moral compass and enjoyed their warm friend- express my concerns about the Manager’s

VerDate Mar 15 2010 04:30 Jun 24, 2011 Jkt 099060 PO 00000 Frm 00019 Fmt 0626 Sfmt 9920 E:\CR\FM\A23JN8.040 E23JNPT1 pwalker on DSK5TPTVN1PROD with REMARKS E1190 CONGRESSIONAL RECORD — Extensions of Remarks June 23, 2011 Amendment to the America Invents Act, H.R. the Shenandoah National Park, I believe that haps the Girl Scouts’ best-known project is the 1249. we have preserved a vast, beautiful piece of annual cookie sale, which not only raises Specifically, I am troubled by language in land for the enjoyment of American families. funds for the Girl Scout’s many projects, it the amendment that would weaken the ability Additionally, Shenandoah National Park is an helps girls across the national get practical of the U.S. Patent and Trademark Office to re- exemplary example of the efforts of the United business experience. tain the fees it collects from inventors for use States Government and the Commonwealth of Participating in Girl Scouts helps young in improving the patent application process. Virginia in preserving our country’s natural re- woman build confidence, develop new skills, As reported by the Judiciary Committee, sources. learn about and explore career opportunities, Section 22 of the underlying bill would estab- Shenandoah National Park has a rich his- help their communities, and make friendships lish a revolving fund at Treasury to collect all tory and showcases the conservation work of that can last a lifetime. Therefore, Mr. Speak- user fees from USPTO and restrict their use to the Civilian Conservation Corps (CCC). The er, I encourage all my collages to join me in only funding USPTO activities. park has been committed to adhering to these celebrating the Girls Scouts of America’s cen- This section was necessary because Con- principles of stewardship and conservation, tennial and in sending best wishes to the gress has habitually underfunded the Patent and thus allowing the legacy of the CCC to in- Fulshear Girl Scouts as they prepare for the Office, siphoning more than $875 million over spire many generations of Americans. Fulshear Freedom Feast. the past two decades from fees collected from Additionally, Shenandoah National Park is inventors to fund other discretionary programs. the home of Skyline Drive, one of America’s f This fee diversion has severely hampered treasured byways. Skyline Drive winds along the ability of USPTO to promptly process pat- the crest of the Blue Ridge Mountains for 105 AMERICA INVENTS ACT ent applications, leading to a current backlog miles in the Shenandoah National Park. The of 1.2 million applications and an average 75 overlooks along the route afford travelers SPEECH OF pendency time of 3 years. extraordinary vistas of the Shenandoah Valley This is entirely unacceptable and a direct re- and the Piedmont region in Virginia. No other HON. MAZIE K. HIRONO sult of our decision not to provide full funding road in the northeast provides access to OF HAWAII to the USPTO. Delays in processing patent 80,000 acres of wilderness. applications drive up the costs and risks for in- What the Park’s visitors take away from IN THE HOUSE OF REPRESENTATIVES ventors, harm our nation’s global competitive- their visit to Shenandoah National Park and Wednesday, June 22, 2011 ness, and literally stall the creation of jobs. their drive along Skyline Drive is that the hills While I appreciate the efforts of Director and valleys are directly connected to the char- The House in Committee of the Whole Kappos over the past two years to reduce this acter and aesthetics of the Park and its neigh- House on the State of the Union had under consideration the bill (H.R. 1249) to amend backlog, USPTO will not be fully successful in boring cities, towns, and counties. By conserv- this goal unless they are provided with the title 35, United States Code, to provide for ative estimates, Shenandoah National Park patent reform: proper resources...resources, remember, they has a $70 million impact on the counties sur- collect from the users of Patent Office serv- rounding the park. The health of the Shen- Ms. HIRONO. Madam Chair, I rise today in ices. andoah’s resources and the health of its reluctant opposition to H.R. 1249, the America That is why I have concerns about a provi- neighbors will forever be entwined. Invents Act. sion in the manager’s amendment that would The 75th anniversary of the Shenandoah In Hawaii, independent inventors and small undermine this dedicated funding source, in- National Park is an important milestone. For businesses are at the forefront of the innova- stead leaving USPTO funding up to annual 75 years the Shenandoah National Park has tion that we need to strengthen our state’s appropriations. been a treasure for all Americans, but there economic future. Year after year, small busi- While the amendment creates a specific are many stories waiting to be told. We must nesses have been responsible for the majority fund for USPTO fees and contains promises all be diligent to make sure that the Park’s of net job growth nationwide. Congress must that this funding will be made available only views and natural areas are around for tomor- modernize and fully fund the U.S. Patent and for activities at the patent office, there is no row’s visitors and for future generations to Trademark Office (PTO) to address the mas- guarantee this pledge will be honored in sub- enjoy. I hope that we can continue to preserve sive application backlog that stifles innovation sequent Congresses. the beauty of the Park, a world of beauty that and job creation. I am concerned this modified language does can renew and bring peace to the spirit. not give USPTO the predictability in funding However, I have heard from independent in- and access to fees that are necessary to en- f ventors and small businesses in Hawaii who express grave concerns about H.R. 1249. This sure it best serves the innovation community. CONGRATULATIONS TO THE bill’s shift to a ‘‘first inventor to file’’ system Now, I understand USPTO has reluctantly FULSHEAR GIRL SCOUTS agreed to support this compromise language, could create a ‘‘race to file,’’ allowing large corporations to use early and repeat filings to and I therefore plan to support the Manager’s HON. RON PAUL Amendment. threaten independent inventors’ and small But we cannot let jurisdictional concerns OF TEXAS businesses’ rights. here in Congress undermine the efficient func- IN THE HOUSE OF REPRESENTATIVES Further, to speed up patent processing and tioning of the patent process. Thursday, June 23, 2011 job creation, the PTO must be able to use in- I encourage my colleagues to support the Mr. PAUL. Mr. Speaker, on July 2, the Girl ventors’ application fees for their intended use: Manager’s Amendment as a necessary com- Scouts of Fulshear, Texas, in my congres- processing patents. The PTO receives no tax- promise to move this legislation forward, but I sional district, will gather for the Fulshear payer money, and is funded entirely by fees. plan to remain vigilant on this matter to ensure Freedom Feast, where they will commemorate I voted against the manager’s amendment that the promises made in this Manager’s Amend- the upcoming centennial of the founding of the diverts these user fees to the vagaries of the ment are kept and that USPTO has ready ac- Girl Scouts of America. It is with great pleas- annual congressional budget process. cess to the fees it collects. ure that I join the Fulshear Girl Scouts in cele- I also have concerns about Section 18 of f brating the 100th anniversary of the Girl the bill. This section establishes an administra- SHENANDOAH NATIONAL PARK Scouts of America. tive review process for financially related busi- RESOLUTION The Girl Scouts of America were estab- ness method patents whose validity has been lished in Savannah, Georgia on March 16, questioned. This review process is retroactive, HON. BOB GOODLATTE 1912 in order to provide young woman with an and even previously awarded patents whose organization that would help them reach their validity had been upheld by federal courts OF VIRGINIA full potential. From the very start, Girls Scouts’ would be subject to challenge. This is unfair to IN THE HOUSE OF REPRESENTATIVES programs emphasized community service, per- inventors, who would have to defend them- Thursday, June 23, 2011 sonal and spiritual growth, positive values, selves again for patents they have already Mr. GOODLATTE. Mr. Speaker, I rise today leadership, and teamwork. Today, over 23 mil- been awarded and already defended in court. to introduce a resolution celebrating the 75th lion American girls participate in Girl Scout Innovation and technology development is anniversary of the Shenandoah National Park. programs such as field trips, sports clinics, essential to growing Hawaii’s economy of the The Shenandoah National Park is the crown community service projects, cultural ex- future. For this reason, I support patent reform jewel of Virginia’s natural resources. Through changes, and environmental initiatives. Per- but cannot support the bill before us today.

VerDate Mar 15 2010 04:30 Jun 24, 2011 Jkt 099060 PO 00000 Frm 00020 Fmt 0626 Sfmt 0634 E:\CR\FM\A23JN8.044 E23JNPT1 pwalker on DSK5TPTVN1PROD with REMARKS June 23, 2011 CONGRESSIONAL RECORD — Extensions of Remarks E1191 PERSONAL EXPLANATION that addresses the circumstances when two or I have met with and spoken to a number of more persons independently develop identical individuals representing both sides of this HON. STEVEN M. PALAZZO or similar inventions at approximately the issue in order to fully understand the intent of OF MISSISSIPPI same time. When more than one patent appli- H.R. 1249, as well as both its intended and cation is filed at the Patent and Trademark Of- unintended consequences. I have spoken to IN THE HOUSE OF REPRESENTATIVES fice (PTO) claiming the same invention, the Director Kappos of the Patent and Trademark Thursday, June 23, 2011 patent is awarded to the applicant who was Office, and more importantly I have spoken Mr. PALAZZO. Mr. Speaker, on rollcall No. the first inventor, even if the inventor was not with constituents in the 22nd Congressional 454 I inadvertently voted ‘‘no’’ on an amend- the first person to file a patent application at District of Florida who are inventors that have ment where I meant to vote ‘‘yes’’ in support the PTO. received patents who would be adversely af- of the Flake amendment. Section 3 of H.R. 1249 would change this fected by certain provisions of this bill. f established system for determining which in- Madam Chair, I voted against H.R. 1249 be- ventor obtains patent protection to a ‘‘first in- cause I believe that the major sections I have PERSONAL EXPLANATION ventor to file’’ system. Under this new ‘‘first in- outlined raise serious Constitutional questions. ventor to file’’ system, the law would not rec- Section 3 clearly violates the intent of our HON. PHIL GINGREY ognize the patent of an individual who did not Framers when they drafted the Intellectual OF GEORGIA file an invention first even if he or she was the Property Clause. Section 18 opens the door IN THE HOUSE OF REPRESENTATIVES first to complete an invention. for the Executive Branch to overturn the Judi- Proponents of Section 3 will argue that the cial Branch, a clear violation of the separation Thursday, June 23, 2011 United States is the only patent-issuing nation of powers laid out by the United States Con- Mr. GINGREY of Georgia. Mr. Speaker, on that does not employ a ‘‘first inventor to file’’ stitution. rollcall No. 478 on final passage of H.R. 2021, system, and that making this change will sim- As a 22-year Army combat veteran, and the Jobs and Energy Permitting Act of 2011, plify the process for acquiring patent rights. now as a Member of the House of Represent- I am not recorded because I was absent due However, I believe that Section 3 on its face atives, I swore an oath to protect and defend to a death in my family which required me to is unconstitutional. Over 200 years of evi- the Constitution. Voting in favor of passage of immediately return to Georgia. Had I been denced-based, legal determination as to who H.R. 1249 I believe goes against this very sa- present, I would have voted, ‘‘aye.’’ is the true inventor of an invention should not cred oath I took, both as a young Second f be overturned because the rest of the world Lieutenant over 25 years ago, and as a Con- does it, or to make it easier for government gressman in this body earlier this year. AMERICA INVENTS ACT bureaucrats to resolve patent disputes. f The United States is the greatest Nation on SPEECH OF the face of the earth not because we conform INTRODUCTION OF THE COM- HON. ALLEN B. WEST our ways to the rest of the world, but instead PREHENSIVE PROBLEM GAM- BLING ACT OF 2011 OF FLORIDA because we operate in a way that makes the IN THE HOUSE OF REPRESENTATIVES rest of the world want to follow our example. Finally, and most importantly, I believe that HON. JAMES P. MORAN Wednesday, June 22, 2011 awarding a patent to an individual who simply OF VIRGINIA The House in Committee of the Whole files before the inventor, violates the Framers’ IN THE HOUSE OF REPRESENTATIVES House on the State of the Union had under intent laid out in the Intellectual Property Thursday, June 23, 2011 consideration the bill (H.R. 1249) to amend Clause. There can be no such thing as a ‘‘first title 35, United States Code, to provide for inventor to file’’ since there can only be one Mr. MORAN. Mr. Speaker, I rise today to in- patent reform: inventor. Small inventors—the backbone of the troduce, along with Representatives FRANK Mr. WEST. Madam Chair, the most sweep- American spirit of innovation—who do not WOLF, SHELLEY BERKLEY, and ALCEE HAS- ing patent reform legislation that has come be- have the funding or the legal staff to race to TINGS, the Comprehensive Problem Gambling fore the House of Representatives in over half the PTO to file a patent will without question Act of 2011. This legislation would, for the first a century, the America Invents Act, H.R. 1249, lose inventions to well-funded and well-staffed time, authorize federal support for the preven- makes significant substantive, procedural, and corporations. tion and treatment of problem and pathological technical changes to current United States I also have constitutional concerns with Sec- gambling. patent law. tion 18 of H.R. 1249. Section 18 of the Amer- According to the National Council on Prob- Article I, Section 8 gives the United States ica Invents Act would create a new Transi- lem Gambling, approximately 6–9 million Congress the power to ‘‘promote the progress tional Review proceeding at the Patent and American adults meet the criteria for a gam- of science and useful arts, by securing for lim- Trademark Office that would only apply to bling problem, which includes gambling behav- ited times to authors and inventors the exclu- ‘‘business method patents’’ dealing with data ior patterns that compromise, disrupt or dam- sive right to their respective writings and dis- processing in the financial services industry. age personal, family or vocational pursuits. coveries.’’ The Transitional Review would be available Over the past decade, gaming and gambling Congress passed the first patent law just only to banks sued for patent infringement— has grown in the United States and many one year after ratifying the Constitution when even if the patent has already been upheld as states have expanded legalized gaming, in- it enacted the Patent Act of 1790. The law valid by the PTO in a reexamination, or upheld cluding regulated casino-style games and lot- granted patent applicants the ‘‘sole and exclu- by a federal court jury and/or judge in a trial. teries. The recent economic downturn only sive right and liberty of making, constructing, This new review process would ultimately lead compounds this situation as many states con- using and vending to others to be used’’ of his to a delay, via a stay, of court proceedings sider relaxing gaming laws in an effort to raise or her invention, clearly maintaining the inten- that would interrupt inventors from capitalizing state revenues. tions of patent protections the Framers had on their patents. At the same time, the federal government when they drafted Article I, Section 8, Clause Constitutional scholars Richard Epstein and and most states have devoted very little, if 8 of the Constitution, commonly referred to as Jonathan Massey have concluded that Section any, resources to the prevention and treat- the Intellectual Property Clause. 18 language constitutes a government taking ment of compulsive gambling. Problem gam- Before discussing the ramifications of the by allowing banks to challenge all business bling can destroy a person’s career and finan- America Invents Act, it is important for the method patents—even those that have been cial standing, disrupt marriages and personal American people to understand the reasoning reexamined and affirmed by the PTO and relationships, and encourage participation in behind the Intellectual Property Clause of the upheld by a jury in federal court. criminal activity. Currently, no federal agency Constitution. The Framers recognized that a The House Judiciary Committee’s consider- has responsibility for coordinating efforts to crucial component for success of the newly ation of H.R. 1249 proceeded rapidly. The treat problem gambling. formed United States was economic strength committee held a hearing focused primarily on The Comprehensive Problem Gambling Act and security, and they knew that American in- the broader patent provisions of the bill, and of 2011 would begin to address this deficiency genuity and innovation was key to economic only the banking industry was invited to testify by designating the Substance Abuse and success. with regard to Section 18. Furthermore, there Mental Health Services Administration Thus, for more than 200 years, American have been no hearings specifically relating to (SAMHSA) as the lead agency on problem patent law has used a first to invent system the implications of Section 18. gambling, allowing them to coordinate Federal

VerDate Mar 15 2010 04:30 Jun 24, 2011 Jkt 099060 PO 00000 Frm 00021 Fmt 0626 Sfmt 9920 E:\CR\FM\A23JN8.048 E23JNPT1 pwalker on DSK5TPTVN1PROD with REMARKS E1192 CONGRESSIONAL RECORD — Extensions of Remarks June 23, 2011 action: The legislation would allow SAMHSA and provide assistance for community-based to minimize the negative effects of problem to conduct research, develop guidelines for ef- services. gambling on our constituents. I look forward to fective prevention and treatment programs, While there may be disagreement over the working with my colleagues to enact this im- degree to which gambling should be regu- portant legislation. lated, we should all be able to support efforts

VerDate Mar 15 2010 04:30 Jun 24, 2011 Jkt 099060 PO 00000 Frm 00022 Fmt 0626 Sfmt 9920 E:\CR\FM\A23JN8.051 E23JNPT1 pwalker on DSK5TPTVN1PROD with REMARKS Thursday, June 23, 2011 Daily Digest Senate Coburn Amendment No. 500, to prevent the cre- Chamber Action ation of duplicative and overlapping Federal pro- Routine Proceedings, pages S4037–S4106 grams. Pages S4046, S4058 Measures Introduced: Seventeen bills and four res- Pending: olutions were introduced, as follows: S. 1262–1278, DeMint Amendment No. 501, to repeal the au- S. Res. 214–216, and S. Con. Res. 24. thority to provide certain loans to the International Pages S4075–76 Monetary Fund, the increase in the United States quota to the Fund, and certain other related authori- Measures Reported: ties, and rescind related appropriated amounts. S. 1145, to amend title 18, United States Code, Page S4046 to clarify and expand Federal criminal jurisdiction DeMint Amendment No. 511, to enhance ac- over Federal contractors and employees outside the countability and transparency among various Execu- United States, with an amendment in the nature of tive agencies. Page S4046 a substitute. Page S4075 Portman Amendment No. 509, to provide that Measures Passed: the provisions relating to the Assistant Secretary National Cytomegalovirus Awareness Month: (Comptroller) of the Navy, the Assistant Secretary Senate agreed to S. Res. 215, designating the month (Comptroller) of the Army, and the Assistant Sec- of June 2011 as ‘‘National Cytomegalovirus Aware- retary (Comptroller) of the Air Force, the chief finan- ness Month’’. Page S4106 cial officer positions, and the Controller of the Office of Management and Budget shall not take effect. Measures Considered: Page S4046 Presidential Appointment Efficiency and Stream- Cornyn Amendment No. 504, to strike the provi- lining Act—Agreement: Senate continued consider- sions relating to the Comptroller of the Army, the ation of S. 679, to reduce the number of executive Comptroller of the Navy, and the Comptroller of the positions subject to Senate confirmation, and taking Air Force. Page S4046 action on the following amendments proposed there- Toomey/Vitter Amendment No. 514, to strike the to: Pages S4046–66 provision relating to the Governors and alternate Rejected: governors of the International Monetary Fund and By 47 yeas to 51 nays (Vote No. 95), Vitter the International Bank for Reconstruction and De- Amendment No. 499, to end the appointments of velopment. Pages S4049–54 presidential Czars who have not been subject to the Carper Amendment No. 517, to provide that the advice and consent of the Senate and to prohibit Government Accountability Office shall conduct a funds for any salaries and expenses for appointed study and submit a report on presidentially ap- Czars. (A unanimous-consent agreement was reached pointed positions to Congress and the President. providing that the amendment, having failed to Pages S4055–57 achieve 60 affirmative votes, the amendment was not Kirk (for McCain) Amendment No. 493, to pre- agreed to.) Pages S4046, S4047–48, S4049 serve congressional oversight into the budget over- By 41 yeas to 57 nays (Vote No. 96), DeMint runs of the Office of Navajo and Hopi Relocation. Amendment No. 510, to strike the provision relat- Pages S4059–61 ing to the Director, Bureau of Justice Statistics. (A Sanders (for Akaka) Amendment No. 512, to pre- unanimous-consent agreement was reached providing serve Senate confirmation of the Commissioner of the that the amendment, having failed to achieve 60 af- Administration for Native Americans. Pages S4061–65 firmative votes, the amendment was not agreed to.) Sessions (for Paul) Amendment No. 502, to strike Pages S4046–47, S4048–49, S4055 the provision relating to the Treasurer of the United Withdrawn: States. Pages S4065–66 D683

VerDate Mar 15 2010 04:53 Feb 24, 2012 Jkt 099060 PO 00000 Frm 00001 Fmt 0627 Sfmt 0627 E:\RECORD11\RECFILES\D23JN1.REC D23JN1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE D684 CONGRESSIONAL RECORD — DAILY DIGEST June 23, 2011 Sessions (for Paul) Amendment No. 503, to strike Steven R. Frank, of Pennsylvania, to be United the provision relating to the Director of the Mint. States Marshal for the Western District of Pennsyl- Pages S4065–66 vania for the term of four years. A unanimous-consent-time agreement was reached Martin J. Pane, of Pennsylvania, to be United providing that when the Senate considers S. Res. States Marshal for the Middle District of Pennsyl- 116, to provide for expedited Senate consideration of vania for the term of four years. certain nominations subject to advice and consent, it David Blake Webb, of Pennsylvania, to be United be in order for Senator Coburn to offer his duplica- States Marshal for the Eastern District of Pennsyl- tion amendment to the resolution; that there be up vania for the term of four years. Page S4106 to one hour of debate on the amendment, equally di- Messages from the House: Page S4073 vided between Senator Coburn and the Majority Leader, or their designees; that the amendment be Measures Read the First Time: Pages S4073, S4106 subject to a two-thirds threshold; that the amend- Enrolled Bills Presented: Page S4073 ment not be divisible; that no amendments, motions Executive Communications: Pages S4073–75 or points of order be in order prior to any vote in Petitions and Memorials: Page S4075 relation to the Coburn amendment other than budget points of order and the applicable motions to Executive Reports of Committees: Page S4075 waive; and all other provisions of the previous order Additional Cosponsors: Pages S4076–77 with respect to the resolution remain in effect. Statements on Introduced Bills/Resolutions: Page S4058 Pages S4077–S4104 Messages from the President: Senate received the Additional Statements: Pages S4070–72 following messages from the President of the United States: Amendments Submitted: Pages S4104–05 Transmitting, pursuant to law, a report on the Authorities for Committees to Meet: continuation of the national emergency that was Pages S4105–06 originally declared in Executive Order 13466 of June Privileges of the Floor: Page S4106 26, 2008, with respect to the current existence and risk of the proliferation of weapons-usable fissile ma- Record Votes: Two record votes were taken terial on the Korean Peninsula; which was referred today. (Total—96) Pages S4049, S4055 to the Committee on Banking, Housing, and Urban Adjournment: Senate convened at 10 a.m. and ad- Affairs. (PM–12) Page S4073 journed at 5:55 p.m., until 2 p.m. on Monday, June Transmitting, pursuant to law, a report on the 27, 2011. (For Senate’s program, see the remarks of continuation of the national emergency that was the Majority Leader in today’s Record on page originally declared in Executive Order 13219 of June S4106.) 26, 2001, with respect to the Western Balkans; which was referred to the Committee on Banking, Housing, and Urban Affairs. (PM–13) Page S4073 Committee Meetings Nominations—Agreement: A unanimous-consent (Committees not listed did not meet) agreement was reached providing that at 10 a.m., on Tuesday, June 28, 2011, Senate begin consideration FARM BILL ACCOUNTABILITY of the nominations of James Michael Cole, of the District of Columbia, to be Deputy Attorney Gen- Committee on Agriculture, Nutrition, and Forestry: Com- eral, Virginia A. Seitz, of the District of Columbia, mittee concluded a hearing to examine farm bill ac- to be an Assistant Attorney General, and Lisa O. countability, focusing on the importance of meas- Monaco, of the District of Columbia, to be an As- uring performance, while eliminating duplication sistant Attorney General, with all other provisions of and waste, after receiving testimony from Dallas the previous unanimous-consent agreement remain- Tonsager, Under Secretary for Rural Development, Michael T. Scuse, Acting Under Secretary for Farm ing in effect. Page S4106 and Foreign Agricultural Services, Harris Sherman, Nominations Received: Senate received the fol- Under Secretary for Natural Resources and Environ- lowing nominations: ment, Kevin W. Concannon, Under Secretary for Jennifer Guerin Zipps, of Arizona, to be United Food, Nutrition, and Consumer Services, Joe Leon- States District Judge for the District of Arizona. ard, Jr., Assistant Secretary for Civil Rights, and Rosemary Marquez, of Arizona, to be United Phyllis K. Fong, Inspector General, Office of Inspec- States District Judge for the District of Arizona. tor General, all of the Department of Agriculture;

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Masouda Omar, Colorado Housing and Finance Au- Law 106–392 to maintain annual base funding for thority, Denver; and Brett Blankenship, Washtucna, the Upper Colorado and San Juan fish recovery pro- Washington. gram through fiscal year 2023, and S. 1225, to NATIONAL FLOOD INSURANCE PROGRAM transfer certain facilities, easements, and rights-of- way to Fort Sumner Irrigation District, New Mexico, Committee on Banking, Housing, and Urban Affairs: after receiving testimony from Senator Blumenthal; Committee concluded a hearing to examine reauthor- Grayford F. Payne, Deputy Commissioner for Policy, ization of the National Flood Insurance Program, Administration and Budget, Bureau of Reclamation, after receiving testimony from Orice Williams Department of the Interior; John Katz, Deputy As- Brown, Managing Director, Financial Markets and sociate General Counsel, Federal Energy Regulatory Community Investment, Government Accountability Commission; and Richard J. Barlow, Town of Can- Office; Chad Berginnis, Association of State Flood- ton First Selectman, Collinsville, Connecticut. plain Managers, Inc., Madison, Wisconsin; Adam Kolton, National Wildlife Federation, on behalf of HEALTH CARE ENTITLEMENTS the Smarter Safer Coalition, and Travis Plunkett, Committee on Finance: Committee concluded a hearing Consumer Federation of America, both of Wash- to examine health care entitlements, focusing on the ington, D.C.; Barry Rutenberg, National Association road forward, after receiving testimony from Massa- of Home Builders, Gainesville, Florida; and Scott chusetts Governor Deval L. Patrick, Boston; former Richardson, Heartland Institute, Columbia, South Kentucky Governor Ernest Lee Fletcher, Alton Carolina. Healthcare, Lexington, Kentucky; Bruce C. Vladeck, U.S. COAST GUARD BUDGET AND Nexera, New York, New York; and Douglas Holtz- OVERSIGHT Eakin, former Director of the Congressional Budget Office, Washington, D.C. Committee on Commerce, Science, and Transportation: Sub- committee on Oceans, Atmosphere, Fisheries, and BUSINESS MEETING Coast Guard concluded a hearing to examine U.S. Committee on Foreign Relations: Committee ordered fa- Coast Guard budget and oversight, after receiving vorably reported the nominations of William J. testimony from Robert J. Papp, Jr., Commandant, Burns, of Maryland, to be Deputy Secretary, Gary U.S. Coast Guard, Department of Homeland Secu- Locke, of Washington, to be Ambassador to the Peo- rity. ple’s Republic of China, and Ryan C. Crocker, of WATER AND POWER BILLS Washington, to be Ambassador to the Islamic Re- Committee on Energy and Natural Resources: Sub- public of Afghanistan, all of the Department of committee on Water and Power concluded a hearing State. to examine S. 500, to direct the Secretary of the In- PROGRESS IN AFGHANISTAN AND terior to convey certain Federal features of the elec- PAKISTAN tric distribution system to the South Utah Valley Committee on Foreign Relations: Committee concluded Electric Service District, S. 715, to reinstate and a hearing to examine evaluating goals and progress transfer certain hydroelectric licenses and extend the in Afghanistan and Pakistan, after receiving testi- deadline for commencement of construction of cer- mony from Hillary R. Clinton, Secretary of State. tain hydroelectric projects, S. 802, to authorize the Secretary of the Interior to allow the storage and REBUILDING HAITI IN THE MARTELLY conveyance of nonproject water at the Norman ERA project in Oklahoma, S. 997, to authorize the Sec- Committee on Foreign Relations: Subcommittee on retary of the Interior to extend a water contract be- Western Hemisphere, Peace Corps and Global Nar- tween the United States and the East Bench Irriga- cotics Affairs with the Subcommittee on Inter- tion District, S. 1033, to amend the Reclamation national Development and Foreign Assistance, Eco- Wastewater and Groundwater Study and Facilities nomic Affairs and International Environmental Pro- Act to authorize the Secretary of the Interior to par- tection concluded a joint hearing to examine re- ticipate in the City of Hermiston, Oregon, water rebuilding Haiti in the Martelly era, after receiving cycling and reuse project, S. 1047, to amend the testimony from Major Joseph M. Bernadel, U.S. Reclamation Projects Authorization and Adjustment Army (Ret.), Interim Haiti Reconstruction Commis- of 1992 to require the Secretary of the Interior, act- sion (IHRC), Boynton Beach, Florida; Regine ing through the Bureau of Reclamation, to take ac- Barjon, BioTek Solutions/BioTek Haiti SA, Tampa, tions to improve environmental conditions in the vi- Florida; and Georges Barau Sassine, Association Des cinity of the Leadville Mine Drainage Tunnel in Industries D’Haiti (ADIH), and Gary Shaye, Save Lake County, Colorado, S. 1224, to amend Public the Children, both of Port-Au-Prince, Haiti.

VerDate Mar 15 2010 04:53 Feb 24, 2012 Jkt 099060 PO 00000 Frm 00003 Fmt 0627 Sfmt 0627 E:\RECORD11\RECFILES\D23JN1.REC D23JN1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE D686 CONGRESSIONAL RECORD — DAILY DIGEST June 23, 2011 FEDERAL REGULATION tribal homelands and promote self-determination, Committee on Homeland Security and Governmental Af- after receiving testimony from Frederick E. Hoxie, fairs: Committee concluded a hearing to examine University of Illinois, Champaign; G. William Rice, Federal regulation, focusing on S. 128, to amend University of Tulsa College of Law Native American title 44 of the United States Code, to provide for the Law Center, Tulsa, Oklahoma; Carole Goldberg, suspension of fines under certain circumstances for University of California Los Angeles School of Law; first-time paperwork violations by small business Steven J.W. Heeley, Akin, Gump, Strauss, Hauer concerns, S. 299, to amend chapter 8 of title 5, and Feld LLP, and Jefferson Keel, National Congress United States Code, to provide that major rules of of American Indians, both of Washington, D.C.; the executive branch shall have no force or effect un- Richard Monette, University of Wisconsin Law less a joint resolution of approval is enacted into law, School, Madison; John Echohawk, Native American S. 358, to codify and modify regulatory requirements Rights Fund, Boulder, Colorado; and Michael Finley, of Federal agencies, S. 602, to require regulatory re- Confederated Tribes of the Colville Reservation, form, S. 1030, to reform the regulatory process to Nespelem, Washington. ensure that small businesses are free to compete and BUSINESS MEETING to create jobs, and S. 1189, to amend the Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1501 et Committee on the Judiciary: Committee ordered favor- seq.) to provide for regulatory impact analyses for ably reported the following business items: certain rules, consideration of the least burdensome S.1145, to amend title 18, United States Code, to regulatory alternative, after receiving testimony from clarify and expand Federal criminal jurisdiction over Senators Snowe, Roberts, Vitter, and Warner; and Federal contractors and employees outside the Cass R. Sunstein, Administrator, Office of Informa- United States, with an amendment in the nature of tion and Regulatory Affairs, Office of Management a substitute; and and Budget. The nominations of Major General Marilyn A. Quagliotti, USAF (Ret.), of Virginia, to be Deputy MIDDLE CLASS FAMILIES Director for Supply Reduction, Office of National Committee on Health, Education, Labor, and Pensions: Drug Control Policy, Executive Office of the Presi- Committee concluded a hearing to examine middle dent, and Alfred Cooper Lomax, to be United States class families, after receiving testimony from Jared Marshal for the Western District of Missouri, and Bernstein, Center on Budget and Policy Priorities, David L. McNulty, to be United States Marshal for Washington, D.C.; Amanda Greubel, Central Com- the Northern District of New York, both of the De- munity Schools Family Resource Center, DeWitt, partment of Justice. Iowa; Thomas Clements, Oilfield CNC Machining NOMINATION LLC, Broussard, Louisiana; and Susan M. Sipprelle, Englewood, New Jersey. Select Committee on Intelligence: Committee concluded a hearing to examine the nomination of David H. INDIAN REORGANIZATION ACT Petraeus, of New Hampshire, to be Director of the Committee on Indian Affairs: Committee concluded an Central Intelligence Agency, after the nominee, who oversight hearing to examine the ‘‘Indian Reorga- was introduced by Senator Lieberman, testified and nization Act’’ 75 years later, focusing on restoring answered questions in his own behalf. h House of Representatives H. Res. 328, providing for consideration of the Chamber Action joint resolution (H.J. Res. 68) authorizing the lim- Public Bills and Resolutions Introduced: 43 pub- ited use of the United States Armed Forces in sup- lic bills, H.R. 2305–2347; and 4 resolutions, H. port of the NATO mission in Libya; and providing Con. Res. 62; and H. Res. 327, 329–330 were intro- for consideration of the bill (H.R. 2278) to limit the duced. Pages H4525–28 use of funds appropriated to the Department of De- Additional Cosponsors: Pages H4529–30 fense for United States Armed Forces in support of Reports Filed: Reports were filed today as follows:

VerDate Mar 15 2010 04:53 Feb 24, 2012 Jkt 099060 PO 00000 Frm 00004 Fmt 0627 Sfmt 0627 E:\RECORD11\RECFILES\D23JN1.REC D23JN1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE June 23, 2011 CONGRESSIONAL RECORD — DAILY DIGEST D687 North Atlantic Treaty Organization Operation Uni- women, or veterans. Any results of the study shall fied Protector with respect to Libya, unless otherwise not be used for preferential treatment in the patent specifically authorized by law (H. Rept. 112–114); process; Page H4484 H.R. 828, to amend title 5, United States Code, Jackson Lee (TX) amendment (No. 5 printed in to provide that persons having seriously delinquent part B of H. Rept. 112–111) that adds a sense of tax debts shall be ineligible for Federal employment, Congress that it is important to protect the rights with an amendment (Rept. 112–115); of small businesses and inventors from predatory be- H.R. 1470, to amend title 5, United States Code, havior that could result in cutting off innovation and to extend the probationary period applicable to ap- may provide an undue advantage to large financial pointments in the civil service, and for other pur- institutions and high-tech firms; Pages H4484–86 poses, with an amendment (Rept. 112–116); and Luja´n amendment (No. 6 printed in part B of H. H.J. Res. 1, proposing a balanced budget amend- Rept. 112–111) that adds requirements to the sat- ment to the Constitution of the United States, with ellite office location selection process to ensure that an amendment (Rept. 112–117). Page H4525 (1) the purposes, as described in the bill, of estab- Speaker: Read a letter from the Speaker wherein he lishing satellite offices are achieved, (2) recruitment appointed Representative Fitzpatrick to act as Speak- costs are minimized by considering the availability er pro tempore for today. Page H4463 of knowledgeable personnel in the region, and (3) the economic impact to the region is considered; Recess: The House recessed at 11:12 a.m. and re- Page H4486 convened at 12 noon. Page H4471 Peters amendment (No. 7 printed in part B of H. Journal: The House agreed to the Speaker’s approval Rept. 112–111) that mandates a USPTO-led study of the Journal by voice vote. Pages H4472, H4505–06 on what USPTO, SBA, and other agencies can do to Member Resignation: Read a letter from Cesar A. help small businesses obtain, maintain, and enforce Perales, Secretary of State, State of New York, foreign patents; Pages H4486–87 wherein he notified the House that he received the Speier amendment (No. 10 printed in part B of resignation of Anthony D. Weiner as New York’s H. Rept. 112–111) that directs the PTO to pre- Ninth Congressional District Representative in the scribe a requirement that parties provide sufficient United States House of Representatives. Page H4472 evidence to prove and rebut a claim of derivation; and Pages H4490–91 Whole Number of the House: The Speaker an- Conyers amendment (No. 9 printed in part B of nounced to the House that, in light of the resigna- H. Rept. 112–111) that restores language for cal- tion of the gentleman from New York, Mr. Weiner, culation of 60-day period for application of patent the whole number of the House is 432. Page H4472 term extension that the manager’s amendment America Invents Act: The House passed H.R. strikes (by a recorded vote of 223 ayes 198 noes, 1249, to amend title 35, United States Code, to pro- Roll No. 485. Agreed by unanimous consent that vide for patent reform, by a recorded vote of 304 the earlier roll call vote taken on the Conyers ayes to 117 noes, Roll No. 491. Consideration of the amendment No. 9 be vacated). Pages H4489–90, H4500 measure began yesterday, June 22nd. Rejected: Pages H4480–H4505 Polis amendment (No. 8 printed in part B of H. Rejected the Miller (NC) motion to recommit the Rept. 112–111) that sought to clarify that the new bill to the Committee on the Judiciary with instruc- legislation would apply only to new tax planning tions to report the same back to the House forthwith patents, not already filed patents which would dis- with an amendment, by a recorded vote of 172 ayes close patent information leaving the applicants vul- to 251 noes, Roll No. 490. Pages H4503–05 nerable; Pages H4487–89 Agreed to: Conyers amendment (No. 2 printed in part B of Smith (TX) Managera’s amendment (No. 1 print- H. Rept. 112–111) that sought to insert language to ed in part B of H. Rept. 112–111) that was debated move the United States to a first to file system only on June 22nd that makes technical edits and nec- upon a Presidential finding that other major patent essary changes to more substantive issues, such as authorities have adopted a similar one-year grace pe- prior user rights and an additional oversight require- riod (by a recorded vote of 105 ayes to 316 noes, ment for the PTO (by a recorded vote of 283 ayes Roll No. 482); Pages H4481–82, H4498–99 to 140 noes, Roll No. 481); Pages H4480–81 Baldwin amendment (No. 3 printed in part B of Moore amendment (No. 4 printed in part B of H. H. Rept. 112–111) that sought to strike Section 5, Rept. 112–111) that directs the USPTO to develop the ‘‘prior user rights’’ language, and conform H.R. methods for studying the diversity of patent appli- 1249 to H.R. 1908, as passed by the U.S. House of cants, including those applicants who are minorities, Representatives on September 7, 2007, and S. 23, as

VerDate Mar 15 2010 04:53 Feb 24, 2012 Jkt 099060 PO 00000 Frm 00005 Fmt 0627 Sfmt 0627 E:\RECORD11\RECFILES\D23JN1.REC D23JN1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE D688 CONGRESSIONAL RECORD — DAILY DIGEST June 23, 2011 passed by the U.S. Senate on March 8, 2011 (by a Korea is to continue in effect beyond June 26, recorded vote of 81 ayes to 342 noes, Roll No. 483); 2011—referred to the Committee on Foreign Affairs Pages H4482–84, H4499–H4500 and ordered printed (H. Doc. 112–40). Page H4475 Sensenbrenner amendment (No. 12 printed in part Read a message from the President wherein he no- B of H. Rept. 112–111) that sought to strike Sec- tified Congress that the national emergency declared tion 3 of the legislation, which would convert the with respect to the Western Balkans is to continue U.S. patent system from ‘‘first-to-invent’’ to ‘‘first- in effect beyond June 26, 2011—referred to the to-file’’ (by a recorded vote of 129 ayes to 295 noes, Committee on Foreign Affairs and ordered printed Roll No. 486); Pages H4491–93, H4501 (H. Doc. 112–41). Pages H4475–76 Manzullo amendment (No. 13 printed in part B Quorum Calls—Votes: One yea-and-nay vote and of H. Rept. 112–111) that sought to eliminate the eleven recorded votes developed during the pro- ability of the Director of the U.S. Patent and Trade- ceedings of today and appear on pages H4479, mark Office (USPTO) to set fees, retaining that au- H4479–80, H4480–81, H4498, H4499, H4500, thority for Congress (by a recorded vote of 92 ayes H4501, H4501–02, H4502, H4503, H4504–05, to 329 noes, Roll No. 487); Pages H4493–94, H4501–02 H4505. There were no quorum calls. Rohrabacher amendment (No. 14 printed in part B of H. Rept. 112–111) that sought to eliminate Adjournment: The House met at 10 a.m. and ad- the burden of post-grant reviews and reexaminations journed at 8:44 p.m. on individual inventors and small businesses with 100 or fewer employees (by a recorded vote of 81 Committee Meetings ayes to 342 noes, Roll No. 488); and MISCELLANEOUS MEASURES Pages H4494–95, H4502 Schock amendment (No. 15 printed in part B of Committee on Agriculture: Full Committee held a H. Rept. 112–111) that sought to strike section 18 markup to approve the Activity Report of the Com- of the bill, the Transitional program for covered mittee on Agriculture for the 1st Quarter of the business method patents (by a recorded vote of 158 112th Congress as required by House Rule XI, ayes to 262 noes with 1 voting ‘‘present’’, Roll No. clause d(1). The report was agreed to as amended. 489). Pages H4495–98, H4503 OPPORTUNITIES AND BENEFITS OF Withdrawn: AGRICULTURAL BIOTECHNOLOGY Watt amendment (No. 11 printed in part B of H. Committee on Agriculture: Subcommittee on Rural De- Rept. 112–111) that was offered and subsequently velopment, Research, Biotechnology, and Foreign withdrawn that would have added a severability Agriculture held a hearing to review opportunities clause protecting the remainder of the bill if the Su- and benefits of agricultural biotechnology. Testi- preme Court determines that certain sections or pro- mony was heard from public witnesses. visions are unconstitutional. Page H4491 Agreed that the Clerk be authorized to make MISCELLANEOUS MEASURES technical and conforming changes to reflect the ac- Committee on Appropriations: Full Committee held a tions of the House. Page H4505 markup of the FY 2012 Financial Services Bill. The H. Res. 316, the rule providing for consideration bill was ordered reported, as amended. of the bills (H.R. 2021) and (H.R. 1249), was agreed to yesterday, June 22nd. AFGHANISTAN AND THE PROPOSED DRAWDOWN OF U.S. FORCES Department of Defense Appropriations Act, 2012: The House began consideration of H.R. 2219, Committee on Armed Services: Full Committee held a making appropriations for the Department of De- hearing on Recent Developments in Afghanistan and fense for the fiscal year ending September 30, 2012. the Proposed Drawdown of U.S. Forces. Testimony Further consideration was postponed. was heard from Miche´le Flournoy, Undersecretary of Defense for Policy, Department of Defense; and Pages H4476–80, H4506–11 H. Res. 320, the rule providing for consideration ADM Michael G. Mullen, USN, Chairman, Joint of the bill, was agreed to by a recorded vote of 251 Chiefs of Staff. ayes to 173 noes, Roll No. 480, after the previous CONGRESSIONAL BUDGET OFFICE’S LONG- question was ordered by a yea-and-nay vote of 247 TERM BUDGET OUTLOOK yeas to 168 nays, Roll No. 479. Pages H4479–80 Committee on the Budget: Full Committee held a hear- Presidential Messages: Read a message from the ing entitled ‘‘The Congressional Budget Office’s President wherein he notified Congress that the na- Long-Term Budget Outlook.’’ Testimony was heard tional emergency declared with respect to North from Douglas W. Elmendorf, Director, CBO.

VerDate Mar 15 2010 04:53 Feb 24, 2012 Jkt 099060 PO 00000 Frm 00006 Fmt 0627 Sfmt 0627 E:\RECORD11\RECFILES\D23JN1.REC D23JN1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE June 23, 2011 CONGRESSIONAL RECORD — DAILY DIGEST D689 ACCOUNTABILITY IN NATIONAL SERVICE tional Institute on Aging, National Institutes of PROGRAMS Health; and public witnesses. Committee on Education and the Workforce: Sub- TRANSITIONING AUTHORITY AND committee on Higher Education and Workforce IMPLEMENTING THE STRATEGIC Training held a hearing entitled ‘‘Demanding Ac- FRAMEWORK IN IRAQ countability in National Service Programs.’’ Testi- Committee on Foreign Affairs: Subcommittee on the mony was heard from public witnesses. Middle East and South Asia held a hearing on Pre- MISCELLANEOUS MEASURES serving Progress: Transitioning Authority and Im- Committee on Energy and Commerce: Full Committee plementing the Strategic Framework in Iraq. Testi- held a markup of the following: the Semi-Annual mony was heard from public witnesses. Committee Activity Report; and H.R. 1938, the LEGISLATIVE MEASURES ‘‘North American-Made Energy Security Act.’’ The Semi-Annual Committee Activity Report was agreed Committee on Homeland Security: Subcommittee on Cy- to as amended. H.R. 1938 was ordered reported, as bersecurity, Infrastructure Protection and Security amended. Technologies and the Subcommittee on Emergency Preparedness, Response and Communications held a LEGISLATIVE PROPOSALS TO REFORM THE joint hearing entitled ‘‘H.R.l, the ‘WMD Preven- HOUSING CHOICE VOUCHER PROGRAM tion and Preparedness Act of 2011.’ ’’ Testimony was Committee on Financial Services: Subcommittee on In- heard from Rep. Pascrell; Jim Talent; former Senator surance, Housing and Community Opportunity held and Vice Chairman, WMD Center; Robert P. a hearing entitled ‘‘Legislative Proposals to Reform Kadlec, former Special Assistant to the President for the Housing Choice Voucher Program.’’ Testimony Biodefense; and Richard H. Berdnik, Sheriff, Passaic was heard from Sandra B. Henriquez, Assistant Sec- County, New Jersey. retary, Office of Public and Indian Housing, Depart- MISCELLANEOUS MEASURES ment of Housing and Urban Development; and public witnesses. Committee on the Judiciary: Full Committee held a markup of the following: H.R. 1741, the ‘‘Secure LEGISLATIVE MEASURES Visas Act’’; H.R. 1933, to amend the Immigration Committee on Financial Services: Subcommittee on Do- and Nationality Act to modify the requirements for mestic Monetary Policy and Technology held a hear- admission of nonimmigrant nurses in health profes- ing entitled ‘‘Investigating the Gold: H.R. 1495, the sional shortage areas; and the Committee Activities Gold Reserve Transparency Act of 2011 and the Report. Both H.R. 1741 and H.R. 1933 were or- Oversight of United States Gold Holdings.’’ Testi- dered reported, as amended. The Committee Activi- mony was heard from Eric M. Thorson, Inspector ties report was agreed to without amendment. General, Department of the Treasury; Gary T. Engel, LEGISLATIVE MEASURES Director, Financial Management and Assurance, GAO; and public witnesses. Committee on Natural Resources: Subcommittee on Water and Power held a hearing on the following IRAN AND SYRIA: NEXT STEPS bills: H.R. 461, the South Utah Valley Electric Con- Committee on Foreign Affairs: Full Committee held a veyance Act; H.R. 795, the Small-Scale Hydropower hearing on Iran and Syria: Next Steps. Testimony Enhancement Act of 2011; and H.R. 2060, the Cen- was heard from John Bolton, former U.S. permanent tral Oregon Jobs and Water Security Act. Testimony representative to the United Nations and former was heard from Robert Quint, Senior Advisor and Under Secretary of State for Arms Control and Inter- Chief of Staff to the Commissioner, Bureau of Rec- national Security; and public witnesses. lamation; Steve Forrester, City Manager, City of Prior to the hearing the Committee held a mark- Prineville, Oregon; Richard Moore, Mayor, Payson, up of the Semiannual Committee Report on Legisla- Utah; and public witnesses. tive Review and Oversight Activities. The report was LEGISLATIVE MEASURES agreed to without amendment. Committee on Natural Resources: Subcommittee on En- ALZHEIMER’S DISEASE ergy and Mineral Resources held a hearing on the Committee on Foreign Affairs: Subcommittee on Africa, following bills: H.R. 2170, the Cutting Federal Red Global Health, and Human Rights held a hearing on Tape to Facilitate Renewable Energy Act; H.R. Global Strategies to Combat the Devastating Health 2171, the Exploring for Geothermal Energy on Fed- and Economic Impacts of Alzheimer’s Disease. Testi- eral Lands Act; H.R. 2172, the Utilizing America’s mony was heard from Richard Hodes, Director, Na- Federal Lands for Wind Energy Act; and H.R. 2173,

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the Advancing Offshore Wind Production Act. Tes- No testimony was given. timony was heard from Mike Pool, Deputy Director, INSOURCING GONE AWRY: OUTSOURCING Bureau of Land Management; Joel Holtrop, Deputy SMALL BUSINESS JOBS Chief, U.S. Forest Service; and public witnesses. Committee on Small Business: Subcommittee on Con- OVERSIGHT AND ACCOUNTABILITY IN tracting and Workforce held a hearing entitled FEDERAL GRANT PROGRAMS ‘‘Insourcing Gone Awry: Outsourcing Small Business Committee on Oversight and Government Reform: Sub- Jobs.’’ Testimony was heard from public witnesses. committee on Technology, Information Policy, Inter- governmental Relations and Procurement Reform MISCELLANEOUS MEASURES held a hearing entitled ‘‘Improving Oversight and Committee on Small Business: Full Committee held a Accountability in Federal Grant Programs.’’ Testi- markup of the Semiannual Report on the Activity of mony was heard from Sen. Coburn; Jeanette Franzel, the Committee on Small Business. The report was Managing Director of Financial Management, Assur- agreed to without amendment. ance Team, GAO; Cynthia Schnedar, Acting Inspec- GPS RELIABILITY: A REVIEW OF tor General, Department of Justice; Natalie Keegan, AVIATION INDUSTRY PERFORMANCE, Analyst in American Federalism and Emergency, SAFETY ISSUES, AND AVOIDING Management Policy, Congressional Research Service; and Danny Werfel, Controller, Office of Federal Fi- POTENTIAL NEW AND COSTLY nancial Management, Office of Management and GOVERNMENT BURDENS Budget. Committee on Transportation and Infrastructure: Sub- committee on Aviation and the Subcommittee on AUTHORIZING THE LIMITED USE OF THE UNITED STATES ARMED FORCES IN Coast Guard and Maritime Transportation held a SUPPORT OF THE NATO MISSION IN joint hearing entitled ‘‘GPS Reliability: A Review of LIBYA; AND TO LIMIT THE USE OF FUNDS Aviation Industry Performance, Safety Issues, and APPROPRIATED TO THE DEPARTMENT OF Avoiding Potential New and Costly Government DEFENSE FOR UNITED STATES ARMED Burdens.’’ Testimony was heard from Roy Kienitz, FORCES IN SUPPORT OF NORTH ATLANTIC Under Secretary for Policy, Department of Transpor- TREATY ORGANIZATION OPERATION tation; Teri Takai, Acting Assistant Secretary for UNIFIED PROTECTOR WITH RESPECT TO Networks and Information Integration, Chief Infor- LIBYA, UNLESS OTHERWISE SPECIFICALLY mation Officer, Department of Defense; Rear Admi- AUTHORIZED BY LAW ral Robert E. Day, Jr., Assistant Commandant for Command, Control, Communications, Computers Committee on Rules: The Committee granted, by and Information, Technology and Chief Information record vote of 7 to 3, a closed rule for H.J. Res. 68. Officer, United States Coast Guard; Department of The rule provides one hour of debate on H.J. Res. Homeland Security; and public witnesses. 68 with 40 minutes equally divided and controlled by the chair and ranking minority member of the ARLINGTON NATIONAL CEMETERY Committee on Foreign Affairs and 20 minutes equal- Committee on Veterans’ Affairs: Subcommittee on Dis- ly divided and controlled by the chair and ranking ability Assistance and Memorial Affairs held a hear- minority member of the Committee on Armed Serv- ing entitled ‘‘Arlington National Cemetery: An Up- ices. The rule waives all points of order against con- date from the New Administration.’’ Testimony was sideration of H.J. Res. 68. The rule provides that heard from Kathryn A. Condon, Executive Director, H.J. Res. 68 shall be considered as read. The rule Army National Cemeteries Program, Office of the waives all points of order against provisions in H.J. Secretary of the Army, Department of the Army, Res. 68. The rule provides one motion to recommit Department of Defense; Patrick K. Hallinan, Super- H.J. Res. 68. intendant, Arlington National Cemetery, Office of The resolution further provides a closed rule for the Secretary of the Army, Department of the Army, H.R. 2278. The rule provides one hour of debate on Department of Defense; and public witnesses. H.R. 2278 equally divided and controlled by the chair and ranking minority member of the Com- IMPORTANCE OF FOREIGN DIRECT mittee on Armed Services. The rule waives all points INVESTMENT (FDI) TO THE U.S. ECONOMY of order against consideration of H.R. 2278. The Committee on Ways and Means: Subcommittee on Se- rule provides that H.R. 2278 shall be considered as lect Revenue Measures held a hearing on the impor- read. The rule waives all points of order against pro- tance of foreign direct investment (FDI) to the U.S. visions in H.R. 2278. Finally, the rule provides one economy and how tax reform might affect foreign- motion to recommit H.R. 2278. headquartered businesses that invest and create jobs

VerDate Mar 15 2010 04:53 Feb 24, 2012 Jkt 099060 PO 00000 Frm 00008 Fmt 0627 Sfmt 0627 E:\RECORD11\RECFILES\D23JN1.REC D23JN1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE June 23, 2011 CONGRESSIONAL RECORD — DAILY DIGEST D691 in the United States. Testimony was heard from spective on Yucca License Review.’’ 9 a.m., 2322 Ray- public witnesses. burn. Committee on Financial Services, Subcommittee on Capitol SOCIAL SECURITY’S CURRENT REVENUE Markets and Government Sponsored Enterprises, hearing STREAMS entitled ‘‘Oversight of the Mutual Fund Industry: Ensur- Committee on Ways and Means: Subcommittee on So- ing Market Stability and Investor Confidence.’’ 9:30 a.m., cial Security held a hearing on Social Security’s cur- 2128 Rayburn. rent revenue streams, proposed changes to those Committee on Foreign Affairs, Subcommittee on the Western Hemisphere, Subcommittee on the Middle East structures and the impact they would have on the and South Asia, and Committee on Oversight and Gov- program, beneficiaries, workers and the economy. ernment Reform, Subcommittee on National Security, Testimony was heard from Thomas A. Barthold, Homeland Defense and Foreign Operations, joint hearing Chief of Staff, Joint Committee on Taxation; Stephen on Venezuela’s Sanctionable Activity, 9 a.m., 2154 Ray- C. Goss, Chief Actuary, Office of the Chief Actuary, burn. Social Security Administration; Mark J. Committee on Homeland Security, Subcommittee on Cy- Warshawsky, former Assistant Secretary for Eco- bersecurity, Infrastructure Protection and Security Tech- nomic Policy, Department of the Treasury; and pub- nologies, hearing entitled ‘‘Examining the Homeland Se- lic witnesses. curity Impact of the Obama Administration’s Cybersecu- rity Proposal.’’ 10 a.m., 311 Cannon. USD(I) QUARTERLY UPDATE; AND Committee on the Judiciary, Subcommittee on the Con- MISCELLANEOUS MEASURES stitution, hearing on H.R. 963, the ‘‘See Something, Say House Permanent Select Committee on Intelligence: Full Something Act of 2011.’’ 10 a.m., 2141 Rayburn. Committee held a briefing on USD(I) Quarterly Up- Committee on Natural Resources, Full Committee, markup of the semi-annual 112th Congress Report on Legislative date. and Oversight Activities, 9 a.m., 1324 Longworth. Prior to the hearing the full Committee met to Subcommittee on Fisheries, Wildlife, Oceans, and In- markup the Semiannual Committee Activity Report. sular Affairs, hearing entitled ‘‘Why We Should Care The report was agreed to without amendment. About Bats: Devastating Impact White-Nose Syndrome is Joint Meetings Having on One of Nature’s Best Pest Controllers.’’ 10 a.m., 1324 Longworth. No joint committee meetings were held. Committee on Oversight and Government Reform, Sub- f committee on District of Columbia, Census and National Archives, hearing entitled ‘‘Washington Metropolitan COMMITTEE MEETINGS FOR FRIDAY, Area Transit Authority: Is There a Security Gap?’’ 9:30 JUNE 24, 2011 a.m., 2247 Rayburn. Subcommittee on National Security, Homeland De- (Committee meetings are open unless otherwise indicated) fense and Foreign Operations; and the Committee on For- eign Affairs’ Subcommittees on the Western Hemisphere Senate and the Middle East and South Asia, joint hearing entitled, ‘‘Venezuela’s Sanctionable Activity.’’ 9 a.m., 2154 No meetings/hearings scheduled. Rayburn. Committee on Transportation and Infrastructure, Sub- House committee on Water Resources and Environment, hearing Committee on Agriculture, Subcommittee on General entitled ‘‘Running Roughshod Over States and Stake- Farm Commodities and Risk Management, hearing on holders: EPA’s Nutrients Policies.’’ 10:30 a.m., 2167 Agricultural Program Audit: Examination of Crop Insur- Rayburn. ance Programs, 10 a.m., 1300 Longworth. Committee on Veterans’ Affairs, Full Committee, markup Committee on Energy and Commerce, Subcommittee on of the Activities Report for the Committee on Veterans’ Oversight and Investigations, hearing entitled ‘‘OMB’s Affairs, 9:30 a.m., 334 Cannon. Role in the DOE Loan Guarantee Process.’’ 9:30 a.m., Committee on Ways and Means, Full Committee, markup 2123 Rayburn. of the ‘‘Report on the Legislative and Oversight Activities Subcommittee on Environment and the Economy, hear- of the Committee on Ways and Means during the 112th ing entitled ‘‘NRC Repository Safety Division—Staff Per- Congress as of May 31, 2011.’’ 9 a.m., 1100 Longworth.

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Next Meeting of the SENATE Next Meeting of the HOUSE OF REPRESENTATIVES 2:00 p.m., Monday, June 27 9 a.m., Friday, June 24

Senate Chamber House Chamber Program for Monday: Senate will be in a period of Program for Friday: Consideration of H.J. Res. 68— morning business until 6 p.m., with Senator Sanders Authorizing the limited use of the United States Armed being recognized at 4 p.m. for up to 90 minutes. Forces in support of the NATO mission in Libya and H.R. 2278—To limit the use of funds appropriated to the Department of Defense for United States Armed Forces in support of North Atlantic Treaty Organization Operation Unified Protector with respect to Libya, unless otherwise specifically authorized by law (Subject to a Rule).

Extensions of Remarks, as inserted in this issue

HOUSE Johnson, Sam, Tex., E1181 Paul, Ron, Tex., E1190 Kildee, Dale E., Mich., E1185, E1189 Pence, Mike, Ind., E1174 Berg, Rick, N.D., E1186 Kucinich, Dennis J., Ohio, E1171, E1172, E1173 Pingree, Chellie, Me., E1175 Burgess, Michael C., Tex., E1176 LoBiondo, Frank A., N.J., E1186 Reed, Tom, N.Y., E1177 Burton, Dan, Ind., E1187 Long, Billy, Mo., E1181 Richardson, Laura, Calif., E1173, E1176 Capito, Shelley Moore, W.Va., E1174 McCarthy, Carolyn, N.Y., E1172 Roybal-Allard, Lucille, Calif., E1175 Denham, Jeff, Calif., E1172, E1177 Maloney, Carolyn B., N.Y., E1174, E1181 Runyan, Jon, N.J., E1181 Diaz-Balart, Mario, Fla., E1176 Matsui, Doris O., Calif., E1173 Duncan, John J., Tenn., E1186 Meehan, Patrick, Pa., E1187 Scott, Robert C. ‘‘Bobby’’, Va., E1188 Farr, Sam, Calif., E1171 Michaud, Michael H., Me., E1186 Smith, Christopher H., N.J., E1177, E1188 Gingrey, Phil, Ga., E1191 Moran, James P., Va., E1189, E1191 Smith, Lamar, Tex., E1182 Goodlatte, Bob, Va., E1190 Murphy, Tim, Pa., E1171 Van Hollen, Chris, Md., E1188 Hanna, Richard L., N.Y., E1186, E1189 Norton, Eleanor Holmes, D.C., E1177 Visclosky, Peter J., Ind., E1180 Hirono, Mazie K., Hawaii, E1190 Olver, John W., Mass., E1171, E1174, E1189 West, Allen B., Fla., E1191 Israel, Steve, N.Y., E1172 Palazzo, Steven M., Miss., E1191 Wilson, Joe, S.C., E1186

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