SENATE—Wednesday, February 1, 2012

552 CONGRESSIONAL RECORD—SENATE, Vol. 158, Pt. 1 February 1, 2012 SENATE—Wednesday, February 1, 2012

The Senate met at 9:30 a.m. and was understand, we have a new sheriff in they were paid for—borrowed money, called to order by the Honorable RICH- the Senate now. And we wish Elizabeth money borrowed from American tax- ARD J. DURBIN, a Senator from the MacDonough well. She is certainly well payers. Trillions of dollars. In fact, State of Illinois. qualified for this job. She has proven President Bush’s tax cuts were the sin- that in the decade she has been here, gle largest contributor to the bal- PRAYER her fairness and astuteness of Senate looning budget deficits during his ad- The Chaplain, Dr. Barry C. Black, of- rules. Let everyone understand that a ministration. There were plenty of oth- fered the following prayer: new boss is in the Senate now. ers, but that was No. 1. And no one ben- Let us pray. This morning, following any leader efited from these tax breaks more than Lord, the Earth belongs to You, the remarks, the Senate will be in a period billionaires and millionaires. Tax world and everything in it. You are an of morning business for 1 hour. The Re- breaks for the richest Americans piled awesome and majestic God. When we publicans will control the first half and nearly $1 trillion on our debt over the have anxieties about what the future the majority will control the final half. last decade. The tax bill was far more holds, remind us that the hearts of Following morning business, we will than that, but that is just people mak- Kings, Queens, and Presidents are in resume consideration of the STOCK ing more than $1 million a year. Your hands and You guide them wher- Act. Yesterday the nonpartisan Congres- ever You please. You are sovereign. THE STOCK ACT sional Budget Office released a report Today, bless our lawmakers. Give Mr. President, it is my understanding showing that these tax cuts will con- them a positive attitude regarding the that the Republicans are going to have tinue to push deficits to unsafe levels. challenges they face. Lord, help them a luncheon today. I hope they discuss We know that, but in addition to doing believe that You guard this Nation and what they want to do here on the Sen- that, what it does is it makes the poor will empower them with exactly what ate floor. Last night we had a situation poorer, the rich richer, and squeezes they need to lead with excellence. where two of our fine Senators, Mr. the middle class every day. Extending We pray in Your great Name. Amen. LIEBERMAN and Ms. COLLINS, who have the Bush tax cuts for the wealthiest a reputation of being fair and bipar- f Americans—people making more than tisan, did their best to work through $1 million a year—would add another $1 PLEDGE OF ALLEGIANCE some amendments, to set up votes on trillion to the deficit over the next dec- The Honorable RICHARD J. DURBIN led them, and they couldn’t do it because ade. We can no longer afford to bank- the Pledge of Allegiance, as follows: we had Senators who offered amend- rupt our Nation to give more tax I pledge allegiance to the Flag of the ments that had nothing to do with this breaks to people who do not need them. United States of America, and to the Repub- bill—nothing. But Republican Senators People are putting up accounts in the lic for which it stands, one nation under God, said they would not allow a vote on Cayman Islands, stashing money in indivisible, with liberty and justice for all. germane and relevant amendments Switzerland. until they were guaranteed a vote on f Republicans are right about one their nongermane amendments. So APPOINTMENT OF ACTING thing: We do have a deficit problem in that is not a good situation, and we PRESIDENT PRO TEMPORE this country. And there are two ways cannot legislate in that fashion. It is to ease this crisis. We could cut more The PRESIDING OFFICER. The one thing to offer an amendment that jobs for teachers, firefighters, police, clerk will please read a communication is not germane, but to demand a vote and Federal employees. We could cut to the Senate from the President pro on it out of order before any other Social Security and Medicare benefits tempore (Mr. INOUYE). amendments? So the minority has to for seniors after a lifetime of hard The assistant legislative clerk read make a decision whether they want to work. We could put off repairing our the following letter: legislate or have people give speeches crumbling roads, bridges, and schools. U.S. SENATE, all day that have nothing to do with We could continue to let our schools PRESIDENT PRO TEMPORE, the legislation. Washington, DC, February 1, 2012. I hope the leadership and the Sen- fall into disrepair and our students fall To the Senate: ators generally on the other side of the further behind. We could continue talk- Under the provisions of rule I, paragraph 3, aisle will work together to help us ing about what really does not matter. of the Standing Rules of the Senate, I hereby move this piece of legislation out of The House keeps talking about bills appoint the Honorable RICHARD J. DURBIN, a here. It is an important piece of legis- they have passed that create jobs. Ev- Senator from the State of Illinois, to per- eryone, every pundit who has looked at form the duties of the Chair. lation. We were told it is bipartisan. DANIEL K. INOUYE, Only two Senators voted against those knows it is just a subterfuge. President pro tempore. breaking the filibusters so we could They want to cut regulations, and that Mr. DURBIN thereupon assumed the start debating this bill. would make people sicker, that would make our air dirtier and our water less chair as Acting President pro tempore. SPENDING pure and our food less safe. That is f The Republicans in Congress often claim they are the only thing standing what they are doing to create jobs. RECOGNITION OF THE MAJORITY against a wave of deficit spending. But The other way to cut spending would LEADER where were these Republicans when be to take care of those unnecessary The ACTING PRESIDENT pro tem- President Bush pushed for trillions in tax breaks for millionaires and billion- pore. The majority leader is recog- unpaid tax cuts for the rich? Where aires. nized. were they? They were right here in So this is the choice we face: cutting f Congress, that is where. So instead of the heart out of America or having the pointing the finger at us, Republicans richest of the rich contribute just a lit- SCHEDULE should examine their own track record tle bit to the problems we have in ELIZABETH MACDONOUGH of extravagant spending: a prescription America today as it relates to spend- Mr. REID. Mr. President, as the Pre- drug plan, unpaid for; two unpaid wars; ing. The choice we face should not be a siding Officer and all Senators should tax breaks for the rich, unpaid for. And very difficult choice.

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

VerDate Sep 11 2014 12:06 Feb 23, 2017 Jkt 019102 PO 00000 Frm 00001 Fmt 0686 Sfmt 0634 E:\BR12\S01FE2.000 S01FE2 rmajette on DSK2TPTVN1PROD with BOUND RECORD February 1, 2012 CONGRESSIONAL RECORD—SENATE, Vol. 158, Pt. 1 553 This country has limited resources, CLASS Act was indeed unsustainable. commonsense reform that the Amer- and we must use those resources wise- As HHS Secretary Sebelius put it, ican people want, repealing the CLASS ly. Investing in the middle class is a there is no viable path forward for the Act is a good place to start. As the wise use of those resources. When you program. Yet for some reason the House is showing today, if the Presi- put money back in the pockets of the President is unwilling to follow dent refuses to act on this important middle class, they spend it. They spend through on that conclusion by his own issue, Congress will. it on groceries and gas and buying new administration. He opposes today’s I yield the floor. cars, paying their mortgages, paying vote over in the House. f Most people would conclude that the their rent, maybe repairing their fam- MORNING BUSINESS ily car, or spending it to fix the roof on administration would support repeal- their house that has become dilapi- ing a portion of the health care bill The ACTING PRESIDENT pro tem- dated. That spending boosts business, that they now acknowledge is not fi- pore. Under the previous order, there spurs hiring, and helps the economy. nancially viable, but they would be will now be a period of morning busi- Rigging the tax system to favor the wrong. Despite admitting this program ness, with Senators permitted to speak richest of the rich does not do that. is doomed to fail, the Obama adminis- therein for up to 10 minutes each, with Rigging the system does not create tration refuses to take it off the books. time divided equally between the two jobs. It does not spur growth. It is not This refusal is all the more remarkable leaders or their designees, with the Re- publicans controlling the first half and a wise use of our resources. given the fact that President Obama has repeatedly said he is willing to lis- the majority controlling the final half. f The Senator from South Dakota is ten to critics of his health care bill if recognized. RECOGNITION OF THE they come up with ways to improve it. REPUBLICAN LEADER Mr. THUNE. Mr. President, I ask When it comes to the CLASS Act, the unanimous consent that I be able to The ACTING PRESIDENT pro tem- President does not even appear to be enter into a colloquy with my col- pore. The Republican leader is recog- willing to listen to himself. leagues from North Dakota and Ne- nized. Well, it should be obvious what is braska. f going on here. The President is so de- The ACTING PRESIDENT pro tem- termined to distract people from his HEALTH CARE pore. Without objection, it is so or- own legislative record that he does not dered. Mr. MCCONNELL. Mr. President, even want to have a conversation f later this morning President Obama is about it. He is so determined to con- scheduled to speak in Virginia on the vince people that the ongoing eco- KEYSTONE XL PIPELINE economy. I have not seen the speech, nomic crisis is someone else’s fault Mr. THUNE. Mr. President, President but I expect he will not be talking that he is acting as though the first 3 Obama has said that every morning about the negative impact his health years of his Presidency never even hap- when he gets up, he thinks about what care bill is already having on job cre- pened. He refuses to admit the central he can do to create jobs. Yet just in the ation, and I guarantee he will not be role his policies have played in pro- last couple weeks, he turned thumbs talking about one provision in par- longing the economic mess we are in. down on a project that would create ticular, the CLASS Act, which the Instead of leading, the President is 20,000 shovel-ready jobs, the Keystone House of Representatives is voting to biding his time, hoping the public will XL Pipeline, which is a project that is repeal today. blame someone else for the jobs crisis. teed up and ready to go. It would in- Like so many of his policies, the Instead of acknowledging the effects of vest $7 billion initially and create CLASS Act has not turned out the way his own policies, he is hoping he can 20,000 jobs immediately. It will address the American people were told it change the subject. The problem is, the a very important issue for this coun- would. At the time of its passage, longer we wait to tackle these prob- try—energy. Americans were told it would be a lems, the harder they will be to solve. We talk about getting away from the long-term care cost saver. Proponents And, frankly, most Americans think dependence on foreign sources of en- of the CLASS Act said it would ac- the President should be leading that ergy and becoming more energy inde- count for nearly half of the deficit re- charge, not avoiding it. pendent, and we have an opportunity duction they claimed the health care In 2009, President Obama said that to do that and, at the same time, cre- bill would somehow miraculously bring rising health care costs were the most ate economic opportunity in this coun- about. pressing fiscal challenge we faced as a try and get people back to work. It is More recently, however, the adminis- nation. Yesterday, the Congressional a mystery as to why the administra- tration has admitted that government Budget Office said government health tion and the President would not find officials knew their projections about care costs will double over the next this particular project to be in Amer- the CLASS Act could not possibly be decade. So the verdict is in. The admin- ica’s national interest. true. They knew it would not work as istration looked at an area that both It comes down to whether we are advertised. Yet the Obama administra- parties agree was in critical need of re- going to continue to import the oil, the tion went ahead with it anyway. form, and they made it worse, and now energy we need, from unfriendly na- In 2009, the Chief Medicare Actuary they will not even admit it. Why? Be- tions—we get about 700,000 barrels a wrote that, based on his 36 years of ac- cause it interferes with the President’s day from Venezuela—or whether we tuarial experience, he believed the reelection strategy. If it is about him will get that oil from a friendly neigh- CLASS Act would ‘‘collapse in short or his policies, he does not want to talk bor such as Canada. When we look at order, and require significant Federal about it. And when it comes to the that juxtaposition, that comparison, subsidies to continue’’ and that it CLASS Act, it is easy to see why. and ask should we get that 700,000 bar- would lead to what he called an insur- So I would encourage our friends over rels of oil from Hugo Chavez or from ance death spiral since only the sickest in the House in their efforts today. I Canada, most Americans would say it people would sign up, making it impos- hope they send this bill over to the makes more sense to do business with sible for the program to remain sol- Senate with a strong bipartisan vote. If our friendly ally to the north. Also, we vent. Another health care policy offi- the President will not listen to his own would have that come down into this cial said that the program ‘‘seemed advisers, let’s hope he listens to Con- country in a 1,700-mile pipeline, which like a recipe for disaster.’’ gress on the failures of his health care would transport that oil to refineries So last October the Obama adminis- bill and in particular the failures of the in the United States, where it would be tration was finally forced to admit CLASS Act. refined and create jobs there as well. what they refused to admit when the If we are going to replace the Presi- In almost all respects, as we look at health care bill first passed: that the dent’s health care bill with the kind of the project and the attributes that

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In fact, I had someone friendly country, the importance of en- portant at the local, State, and Federal from western South Dakota in my of- ergy independence, and the fact that if levels to have those revenues coming fice last week, and he said: We care we don’t benefit from this, it will go in. In addition, it will reduce our de- about the energy security issue, the somewhere else. They have made it pendence on oil from the Middle East. jobs issue, and all that, but we need the abundantly clear this is not some- With what is going on in Iran—and tax revenue for our school districts and thing—if the United States turns it they are threatening to blockade the county governments that would be gen- down—they will continue to wait Strait of Hormuz—and with gas prices erated. around for until sometime in the fu- at $3.50 a gallon, roughly, and going up, So we have all these positive benefits ture when we might consider it. They it is important to consumers and the associated with this particular project. will go somewhere else—probably businesses of this country that we use China—with it. Yet after having studied it for 3 years, the oil in this country and from our For those reasons, we believe we need about 1,200 days, and having done mul- closest ally, Canada, rather than rely- to do everything we can do to move tiple environmental impact state- ing on the Middle East. this project forward. My colleagues The third point is, this oil will be ments—the last one concluded in Au- came up with legislation that recog- gust of last year—lo and behold, the produced. If we don’t build the pipeline nizes the role of the Congress under the capacity to bring it to our refineries to President decides he is not going to commerce clause and our ability to ap- move forward with this project. be refined, it goes to China. That is a prove this project. I hope we will get an fact. It will be produced. It will either We think that is terribly unfortu- opportunity to discuss and debate this nate, not in the national interest. We go to China or it will come to us. issue in the Senate and get a vote and I have this chart to give a history of believe it is in the national interest to perhaps get a vote as well in the House the project because, as the good Sen- move forward to address the important of Representatives, where Congress ator from South Dakota said, this has energy security needs, as well as the could weigh in and perhaps change the been under review for more than 3 needs for job creation and economic President’s mind about this important years. TransCanada, the company that growth. project. is trying to build the pipeline, built Two of my colleagues, former Gov- I am glad to be with my colleagues this Keystone Pipeline already. That is ernors, now Senators from Nebraska today. I will yield to the Senator from this red line on the chart. That project North Dakota and the Senator from and North Dakota, are people who are was approved in 2 years. Again, Key- Nebraska, two great leaders on this well acquainted with these types of stone XL has been under study more particular issue and all issues relating projects. The Governor from North Da- than 3 years. The sister pipeline has al- to energy security. They understand kota was very involved when the first ready been built, and that was ap- the history of this, as well as its impor- Keystone Pipeline that was built from proved in 2 years. It comes from Al- tance to America’s future. Canada through North Dakota, South berta, Canada, to the refineries in the Dakota, Nebraska, and points south. I ask the Senator from North Dakota if he would like to give us an insight Patoka, IL, area. That project went through a permit- The existing project, as we can see, about the first Keystone Pipeline, built ting process. It was a couple years in comes through North Dakota—that the making and it was approved. The through his State a few years ago, the history of that, and the history of how was when I was Governor—through construction process was concluded South Dakota, and down through Ne- and it is now operational. That is an this particular project was put forward as well and why we think it ought to go braska. The Keystone XL comes just to example of how this particular project the west. I point that out because of can work. forward. Mr. HOEVEN. Mr. President, I thank the Bakken oil play in North Dakota This pipeline would cross the State of the Senator from South Dakota for or- and Montana, it is very important we the Senator from Nebraska. There were ganizing the colloquy and I also thank have the ability to put oil into this concerns about whether it had the the good Senator from Nebraska for pipeline. We are looking at putting right route in order for this to be done joining us as well. I appreciate working 100,000 barrels a day of U.S. crude into in the best environmental way. Those with them on this project, which is not this pipeline so it can get to our refin- issues have been addressed. The Ne- only vital to our State but to our coun- eries. In other words, it is not just braska legislature met in special ses- try. about bringing Canadian crude to our sion, and they and the Governor came As the Senator from South Dakota refineries; it is about bringing our own up with an alternative idea about how said, this project is critically impor- crude to them. It also saves wear and to do this. They have been supportive tant to our country for a number of tear on our roads, and it is a safety of moving forward with this project as reasons. First, it will create tens of issue because it reduces truck traffic. well. thousands of jobs. There will be a $7 We are talking 500 truckloads a day The question before the House is if billion investment, not one penny of and 17 million truck miles a year that the President of the United States de- which will be Federal Government we don’t have to put on our roads. We termines this is not in the national in- spending but all private sector invest- don’t have to have the traffic issues, terest, notwithstanding the support of ment. The Perryman Group projected, the safety issues or the road issues in lots of Members of Congress on both when they did a study on the job cre- our country because we have the abil- sides of the aisle and I think over- ation, that it would create 20,000 con- ity to move the product with this pipe- whelming support of the States struction jobs right away; it would cre- line. through which this line would traverse ate upward of 100,000 spinoff jobs as Let’s look at this timeline. Sep- and the labor unions which represent a they expand refineries and with the tember, 2008. I know this is hard to lot of people who are involved. Many other economic activity that is cre- read. I will make an important point. editorial pages support this, including ated. Some might dispute those job In September 2008, TransCanada ap- the Chicago Tribune, which said: numbers, but any way we look at it, plied for a permit for the Keystone XL Pipeline. In November of 2008, the cur- Obama’s decision will cost the U.S. jobs. tens of thousands of jobs will be cre- . . . He seems to think those jobs will still be ated by the private sector, which is rent administration was elected. For there when he gets around to making deci- why it has strong union support at a the entire time the current administra- sion on the pipeline. But they may well be time when we have 13-plus million peo- tion has been in office, they have held gone for good. ple out of work and we need the jobs. up this project. It has gone through the

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So tration has been in office, TransCanada ernor, the legislature, and Trans- this is a time where Congress does need was working to go through the process Canada—to work on an alternative to to step in and exercise our constitu- with EPA and the Department of the proposed route. Recognition oc- tional powers. This is nothing unusual. State, and the Department of State curred that the route through Ne- In fact, there was a recent opinion by said they would have a decision before braska involved some very sensitive the Congressional Research Service the end of last year, but we still don’t land—the Sand Hills—and a very sen- which noted the Congress has the have a decision. We have to ask why. sitive water supply—the Ogallala aqui- power to do exactly what this legisla- Why don’t we have a decision? That is fer. The Governor called a special ses- tion is doing. what we are talking about. It is long sion, and, as we do in Nebraska, every- I will wrap up my comments today past time to act. body sat down and said: How do we and yield back the time to the Sen- Let’s look at this chart. What are we solve this problem? ators from South Dakota and North talking about? What we are talking So they came to an agreement that Dakota and say this: This is a win-win about is this—another pipeline. We are the best way to solve the problem was situation for everybody. It is a win be- talking about another pipeline just to do an environmental impact state- cause we create jobs. It is a win for our like the one that has already been ment, which will be no cost to the Fed- country because we are trying in every built. How about the hundreds or eral Government. It will be paid for by way possible to get the Federal Gov- ernment to lessen our dependence on maybe I should say thousands of pipe- Nebraskans. That was part of the pro- foreign oil. Maybe the only person who lines we already have, and somehow we vision of this agreement. And Trans- it is not a win for is President Obama cannot build this pipeline? That Canada agreed they would work to rein his reelection. But this is a case doesn’t make any sense. Somebody route the pipeline through our State. where we need to put national interest needs to explain this to us. Everybody shook hands. We are now in agreement. Our problem is solved in ahead of November. We have legislation, with 45 Sen- I urge my colleagues to support this Nebraska. ators, 45 sponsors, who are saying: Hey, legislation that was thoughtfully craft- For months and months, the Federal it is time to move forward and build ed. It is the right approach. I thank Government has been saying to the the project. As a matter of fact, we are them for their sensitivity to the proc- State of Nebraska: You have the power doing everything we can to address any ess going on in the State of Nebraska. and all problems or concerns the ad- to route this pipeline through your Mr. THUNE. Mr. President, I appre- ministration has raised. State. And that is exactly what we are ciate the hard work of the Senator That is why I am going to turn it doing. So this legislation recognizes from Nebraska on this subject, as well over now to my good colleague from that agreement and says: Great, we are as the Senator from North Dakota, and Nebraska, because when the adminis- going to allow Nebraska to move for- he has fashioned a solution which I tration says there is an issue or a State ward. But very wisely this legislation think does give us an opportunity as a or the EPA says there is an issue, we also recognizes there is no need what- Congress to assert our role under the stepped up in our legislation and solved soever for any delay on the remainder Constitution, under the commerce it. We say: Great, let’s address it, but of this pipeline. This was the only seg- clause of the Constitution, to move let’s move forward for the good of our ment—and it is a handful of miles in this project forward, notwithstanding economy and the good of our country. our State—that anybody was con- the opposition, really of one person— I defer now to the good Senator from testing. So why not issue the permit? the President of the United States, who Nebraska. Why not get the project going? is the person right now who is standing The ACTING PRESIDENT pro tem- My colleagues worked very hard on in the way of this. pore. The Senator from Nebraska is coming up with a solution, and their I would again say to my colleague recognized. solution works. It says: Construction from North Dakota, as we wrap up Mr. JOHANNS. Mr. President, I ap- can begin immediately. Why? Because, here, I hear people say this needs to be preciate the comments that have been as my colleague from North Dakota studied further; that we need to do offered by my colleagues from South has explained well, Congress has the more analysis. It is sort of mind-bog- Dakota and North Dakota. They abso- constitutional authority to regulate gling to think after more than 1,200 lutely have it right in terms of the im- foreign commerce. This bill exercises days of study, analysis, review, and portance of constructing this pipeline. that power in a thoughtful, deliberate, scrutiny that people would come to There is no question that we are in a and careful way. It says: Look, this that conclusion. The Keystone XL dire situation in this Nation. We need project has gone through 3 years of Pipeline I, which the Senator from the jobs, we need the oil, and this pipe- study and analysis. It specifically North Dakota is well acquainted with line can take a significant step forward notes in this legislation the part re- because it goes through his State and in both regards. garding Nebraska will be solved, as the he was involved in negotiating that I think the pipeline will be a huge Federal Government has been saying project, took 693 days in the process of help in those areas. But let me start by for months, by Nebraska officials, but getting approved. What is interesting noting that I was a cosponsor of the that we can go forward and start con- to me about this particular project is first Keystone bill. I am also a cospon- struction elsewhere. that after 1,200 days—longer than any sor of the bill that Senators HOEVEN, So what is holding up the creation of of the pipelines of this magnitude—the LUGAR, and VITTER introduced just this these jobs? What is holding up our abil- extended review and more than 10,000 past Monday, the bill we are talking ity to get more oil from places such as pages of environmental analysis con- about today. North Dakota and a friendly ally such cluded—concluded—the pipeline will Here is a very important point for as Canada, versus a very unfriendly not adversely impact the environment. my State. In both cases, and specifi- ally in Hugo Chavez in Venezuela? When the announcement was made to cally in reference to this bill, the effort What is holding that up? What could deny the construction of the pipeline, was specifically crafted to safeguard possibly be holding that up? Well, the the State Department still had 5 weeks the route selection process that is oc- simple answer to that question is, the to review it if they had chosen to use curring in Nebraska. I thank my col- President of the United States is hold- it. Clearly, the announcement wasn’t leagues for recognizing that work and ing it up. based on policy but on political expedi- recognizing that Nebraska has a proc- The President is in a bind. The envi- ency, which is what the Senator from ess that will near completion this Au- ronmentalists have declared war on the Nebraska pointed out.

VerDate Sep 11 2014 12:06 Feb 23, 2017 Jkt 019102 PO 00000 Frm 00004 Fmt 0686 Sfmt 0634 E:\BR12\S01FE2.000 S01FE2 rmajette on DSK2TPTVN1PROD with BOUND RECORD 556 CONGRESSIONAL RECORD—SENATE, Vol. 158, Pt. 1 February 1, 2012 There is a tremendous amount of re- time, and I suggest the absence of a They are hungry at the highest level source in my colleague’s State—the quorum. since the government started taking State of North Dakota—that could ben- The ACTING PRESIDENT pro tem- these numbers in 1995. efit as well. I think the State of North pore. The clerk will call the roll. But there is another obligation, a fi- Dakota has the potential to generate The legislative clerk proceeded to nancial obligation that needs a little somewhere on the order of 500,000 bar- call the roll. more focus here in Washington. Private rels of oil, about 100,000 of which, I am Mr. WHITEHOUSE. Mr. President, I student loan debt is becoming the big- told, could be moved through this pipe- ask unanimous consent that the order gest burden for families across Amer- line if it is approved. It seems to me at for the quorum call be rescinded. ica. Student loan debt in October of least, again, that here is a resource, an The ACTING PRESIDENT pro tem- 2010 for the first time in our history energy reserve in our country, in my pore. Without objection, it is so or- surpassed credit card debt in America. colleague’s State, that could benefit dered. At public universities, the average debt people in this country. The Senator from Rhode Island is for a graduating student was $20,200. At By the way, in 2011, Americans spent recognized. private nonprofits, it was $27,650. For more on gasoline than any other year Mr. WHITEHOUSE. I thank the students at for-profit colleges, the debt since 1981. And reports indicate that Chair. burden is even greater. Students at for- 2012 could be even worse. So when we (The remarks of Mr. WHITEHOUSE per- profit colleges graduated with an aver- look at the economic impact on Ameri- taining to the introduction of S. 2059 age debt of $33,000. More than three out cans, from our not having our oil and are located in today’s RECORD under of four young adults say that college energy being produced in this country, ‘‘Statements on Introduced Bills and has become harder to afford in the past it is a very real impact. In fact, since Joint Resolutions.’’) 5 years. Almost as many say that grad- the President has taken office, gas Mr. WHITEHOUSE. Madam Presi- uates have more student debt than prices have gone from $1.84 a gallon to dent, I yield the floor and I suggest the they can possibly manage. There are over $3.30 a gallon, and this pipeline absence of a quorum. few penalties for schools whose stu- could be part of that solution. The PRESIDING OFFICER (Mrs. dents incur huge amounts of debt when I want to end with a quote made by GILLIBRAND). The clerk will call the the student cannot repay their loan. the State Department in their review roll. How did we reach this point? Two of the pipeline. The Department of En- The legislative clerk proceeded to trends have led to this phenomenal ergy, I should say, but it was part of call the roll. level of student loan debt: the State Department’s review. The Mr. DURBIN. Madam President, I ask First, the for-profit college industry Department of Energy noted: unanimous consent that the order for has grown by leaps and bounds over the Gasoline prices in all markets served by the quorum call be rescinded. last decade. It is the fastest growing East Coast and Gulf Coast refineries would The PRESIDING OFFICER. Without sector of higher education. Three num- decrease, including the Midwest. objection, it is so ordered. bers put it in perspective. Ten percent That is coming from the State De- f of students out of high school end up in partment’s review, the Department of for-profit schools, yet for-profit schools Energy, that gasoline prices in all mar- COLLEGE COSTS consume 25 percent of all the Federal kets served by east coast and gulf coast Mr. DURBIN. Madam President, too aid to education and account for 44 per- refineries would decrease. That is a many Americans are out of work. We cent of student loan defaults. What is pretty remarkable economic impact, know that. Without a steady income, it the obvious conclusion? These for-prof- not to mention all the jobs that would is hard for families to stay current on it colleges are drawing in more student be associated with the construction, their monthly expenses. We have all loan assistance from the Federal Gov- and once it is operational the jobs that talked about the consequences of los- ernment than their counterparts in the would be created in refining this oil. ing a job. When I meet with the unem- So again it is a win-win, as we heard public and nonprofit area, and their ployed in Illinois, one of the first from the Senator from Nebraska, who students, deep in debt, cannot find jobs things we talk about is health insur- said that initially their State had some to pay off their debts and default on ance because that is one of the first concerns about the route, but that has their loans. casualties. It is very difficult if not im- Second, the cost of college is so far been all resolved so this project can possible for someone unemployed to move forward. out of reach for most people that they The legislation of the Senator from maintain COBRA payments once they exhaust their ability to borrow from North Dakota, which I am proud to are out of work. They deplete their the government and end up taking out support and cosponsor, I hope gets a savings and find themselves in a very private loans. Private loans are not vote in the Senate, and I know the Sen- vulnerable position. Some fall behind federally guaranteed. The issuer is not ator is going to do everything he can to on mortgage payments. More than 4 required to work with you to consoli- advance it—I hope he does—and I look million families have lost their homes date the loans or restructure them in forward to working with him. since the housing crisis began in 2008. the future. If that sounds familiar, that Mr. HOEVEN. Mr. President, I thank Another 10.7 million Americans own is because many of the banks issuing my colleague from South Dakota again mortgages that are underwater—the these loans are the same banks holding for organizing this colloquy this morn- homeowner owes more than the home your mortgage. Even more outrageous, ing. I thank him and the esteemed Sen- is worth. the loans are protected in bankruptcy. ator from Nebraska for their support of One of the major mortgage banking What that means is, unlike other loans this legislation. associations in Washington, DC, re- we would incur in our lives that we Again, we have taken a problem-solv- cently had a short sale of their head- might bring into a bankruptcy court in ing approach to this legislation, and we quarters building in Washington. They desperation, these loans cannot be dis- are continuing to do that. We will con- went underwater. They could not pay charged in bankruptcy. These loans tinue to work with other Members of their mortgage, and they ended up sell- will trail the borrowers to the grave. the Senate and our colleagues in the ing. It is happening not just to busi- Student loan decisions made at the age House, but we need the administration nesses, obviously, but to a lot of home- of 19, 20, and 21 years end up being a to engage with us on this important owners. lifetime of responsibility. issue for the good of the American peo- It is hard to keep up with these basic Yesterday the president of a small, ple. expenses. A lot of people who used to very good college in Illinois said that Again, I thank my colleague from donate to food banks are now in line at so many students she meets with who South Dakota. food banks. According to the U.S. De- are interested in going to school are Mr. THUNE. Mr. President, with partment of Agriculture, one out of six debt-dumb; they do not even under- that, I yield back the remainder of my Americans really has a food issue. stand debt as it might affect them

VerDate Sep 11 2014 12:06 Feb 23, 2017 Jkt 019102 PO 00000 Frm 00005 Fmt 0686 Sfmt 0634 E:\BR12\S01FE2.000 S01FE2 rmajette on DSK2TPTVN1PROD with BOUND RECORD February 1, 2012 CONGRESSIONAL RECORD—SENATE, Vol. 158, Pt. 1 557 today and tomorrow. Unfortunately, while enlisting colleges and State gov- give them a chance to take their time these for-profit schools—and many oth- ernments to partner with the Federal in school and turn it into a much bet- ers—are taking advantage of students Government to keep costs down while ter life for themselves and their fami- with little or no life experience who improving student outcomes. lies. end up, many times, with their parents To make sure students and families I hope we can come together on the signing for student loan debt that is have accurate information, the Presi- question of affordability and on taking unconscionable, at levels they will dent has proposed creating a college a close look at many of these institu- never be able to repay in any reason- scorecard for all institutions of higher tions of higher learning that are, unable time, and often, when it comes to education—all of them. The scorecard fortunately, defrauding many innocent for-profit schools, for worthless diplo- will provide families with clear, con- children, families, and veterans who mas if the student is lucky enough to cise information about affordability are returning from conflicts in Iraq and finish. and student outcomes—how many stu- Afghanistan. One of my constituents, Hannah dents go to this school and finish, how Madam President, I suggest the ab- Moore, recently contacted my office re- many who finish with a degree get a sence of a quorum. garding her outstanding student debt. I job. It is a pretty basic question. Then The PRESIDING OFFICER. The wanted to bring this to the attention of students and their families can make a clerk will call the roll. the Senate. In 2007, Hannah graduated good choice. They will not be over- The legislative clerk proceeded to call the roll. with a bachelor of arts from a for-prof- whelmed by the spam and ads tossed at Mr. LIEBERMAN. Madam President, it school called the Harrington College them on the Internet. I ask unanimous consent that the order of Design. It was part of the Career The plan would reward schools that for the quorum call be rescinded. Education Corporation’s program. give value, serve low-income students, The PRESIDING OFFICER. Without When Hannah graduated in 2007 from and set reasonable tuition policies. objection, it is so ordered. the Harrington College of Design, her These schools would be rewarded with student debt was $124,570. additional campus-based aid so more f After she exhausted all her Federal students can attend college. CONCLUSION OF MORNING student loan options, she turned to pri- The President’s proposal also builds BUSINESS vate loans when she wanted to finish on the success of the current Race to The PRESIDING OFFICER. Morning and get a degree. At first she tried to the Top Program by creating a new business is closed. manage her payments of close to $800 a Race to the Top Program rewarding f month by working three jobs. Her Fed- college affordability and completion eral loan is a reasonable payment be- that will promote change in State sys- STOP TRADING ON CONGRES- cause she signed up for the income- tems of higher education. This Race to SIONAL KNOWLEDGE ACT OF 2012 based repayment program, but the pri- the Top challenge will incentivize Gov- The PRESIDING OFFICER. Under vate loan demands are unreasonable. ernors and State legislatures around the previous order, the Senate will re- When the payments became unmanage- the Nation to join us in keeping tuition sume consideration of S. 2038, which able, she tried to work out a plan with costs down. the clerk will report. her lender. They refused. She said that Following the President’s challenge The assistant legislative clerk read she speaks to her lender about once a to keep college costs down, the Senate as follows: month asking for assistance, with no HELP Committee is holding hearings A bill (S. 2038) to prohibit Members of Con- help. When it became apparent she this week on college affordability. I gress and employees of Congress from using would not be able to afford the pay- thank them for that. It is long overdue, nonpublic information derived from their of- and I look forward to working with ficial positions for personal benefit, and for ments, her family offered to help. Her other purposes. dad, who had retired, got a job just to Senators HARKIN and ENZI on this Pending: help his daughter make her student issue. A hearing we had just a week or so Reid amendment No. 1470, in the nature of loan repayments. Dad went back to a substitute. work, out of retirement. Her parents ago in Chicago on the abuse of the GI Reid (for Lieberman) amendment No. 1482 spend their time stressing over her bill education rights by for-profit (to amendment No. 1470), to make a tech- loans with her. schools should be a wake-up call to nical amendment to a reporting require- Hannah is 30 years old. She wants to every Member of Congress. Holly ment. be independent, but her student debt of Petraeus, the wife of General Petraeus, Brown (OH) amendment No. 1478 (to over $124,000 is making that impossible. testified. She works at the Consumer amendment No. 1470), to change the reporting requirement to 10 days. With the help of her family, dad going Financial Protection Bureau, an agen- Brown (OH)-Merkley amendment No. 1481 back to work and all she can do, she cy that is in the news. It is controver- (to amendment No. 1470), to prohibit finan- makes her monthly payments, but her sial because the appointment of its Di- cial conflicts of interest by Senators and life is still very much on hold. She rector, Richard Cordray, was an- staff. said, ‘‘My education doesn’t feel re- nounced by the President by executive Toomey amendment No. 1472 (to amend- warding, it’s a burden right now.’’ appointment when the Senate refused ment No. 1470), to prohibit earmarks. to give him an opportunity to serve. Thune amendment No. 1477 (to amendment When asked how her student loan debt No. 1470), to direct the Securities and Ex- is affecting her life, she said: I can’t The Senate refused to break a fili- change Commission to eliminate the prohibi- start a family, can’t buy a house, I buster on Mr. Cordray, even though I tion against general solicitation as a re- can’t even buy a car. She rides her bike heard no speeches criticizing his abil- quirement for a certain exemption under to work. Think about that. She went to ity. The speeches criticized the agency, Regulation D. college, she stuck with it, and she which some Republicans loathe and de- McCain amendment No. 1471 (to amend- graduated with a degree of no value spise, but it is in the law and it should ment No. 1470), to protect the American tax- be given a chance to work. Those who payer by prohibiting bonuses for senior ex- and $124,000 in student debt. ecutives at Fannie Mae and Freddie Mac She is not alone. Every week I hear are critical of it should meet with while they are in conservatorship. from constituents who are seeking re- Holly Petraeus, General Petraeus’s Leahy-Cornyn amendment No. 1483 (to lief, and I invite them to come to my wife. She is working with military fam- amendment No. 1470), to deter public corrup- Web site and tell me their stories about ilies trying to stop the abuses of for- tion. student loan debt in America. profit schools under the GI bill. That is Coburn amendment No. 1473 (to amend- Last week, in his State of the Union, something on which we should all join ment No. 1470), to prevent the creation of duplicative and overlapping Federal programs. the President spoke about a plan to together, Democrats and Republicans Coburn-McCain amendment No. 1474 (to keep the cost of higher education from alike. Americans who serve in the mili- amendment No. 1470), to require that all leg- going even further. His proposal will tary are entitled to not only the GI bill islation be placed online for 72 hours before provide better information to families, but to institutions of learning that it is voted on by the Senate or the House.

VerDate Sep 11 2014 12:06 Feb 23, 2017 Jkt 019102 PO 00000 Frm 00006 Fmt 0686 Sfmt 0634 E:\BR12\S01FE2.000 S01FE2 rmajette on DSK2TPTVN1PROD with BOUND RECORD 558 CONGRESSIONAL RECORD—SENATE, Vol. 158, Pt. 1 February 1, 2012 Coburn amendment No. 1476, in the nature cloture, so clearly an overwhelming cial of a State or local government’’ after of a substitute. number of Members of the Senate want ‘‘Member’’; and Paul amendment No. 1484 (to amendment to proceed to vote on the bill. (B) in clause (ii), by inserting ‘‘, the Presi- No. 1470), to require Members of Congress to If we do not break this unfortunate dent, the Vice President, or an elected offi- certify that they are not trading using mate- cial of a State or local government’’ after rial, nonpublic information. and unnecessary and harmful gridlock, ‘‘Member’’. Paul amendment No. 1485 (to amendment either the majority leader is going to (2) FEDERAL EMPLOYEES RETIREMENT SYS- No. 1470), to apply the reporting require- have to file cloture or leave the bill TEM.—Section 8411(l)(2) of title 5, United ments to Federal employees and judicial offi- and go on to other pressing business— States Code, is amended— cers. FAA reauthorization and the like—and (A) in subparagraph (A), by inserting ‘‘, the Paul amendment No. 1487 (to amendment that would be not only disappointing President, the Vice President, or an elected No. 1470), to prohibit executive branch ap- to us, but having aroused the hope that official of a State or local government’’ after pointees or staff holding positions that give ‘‘Member’’; and them oversight, rulemaking, loan or grant- we would respond to the public concern (B) in subparagraph (B), by inserting ‘‘, the making abilities over industries or compa- and anger about the possibility that we President, the Vice President, or an elected nies in which they or their spouse have a sig- are not covered by insider trading laws, official of a State or local government’’ after nificant financial interest. we will have ended up increasing that ‘‘Member’’. DeMint amendment No. 1488 (to amend- concern and anger and disenchantment (b) CRIMINAL OFFENSES.—Section 8332(o)(2) ment No. 1470), to express the sense of the with Congress. I do not think any of us of title 5, United States Code, is amended— Senate that the Senate should pass a joint want to do that. (1) in subparagraph (A), by striking clause resolution proposing an amendment to the (iii) and inserting the following: With that appeal to our colleagues to ‘‘(iii) The offense— Constitution that limits the number of apply a certain rule of reason so we can terms a Member of Congress may serve. ‘‘(I) is committed after the date of enact- Paul amendment No. 1490 (to amendment get something done that will be good ment of this subsection and— No. 1470), to require former Members of Con- for our government and the people’s re- ‘‘(aa) is described under subparagraph gress to forfeit Federal retirement benefits if spect for us, I am very pleased to see (B)(i), (iv), (xvi), (xix), (xxiii), (xxiv), or they work as a lobbyist or engage in lob- my colleague from Connecticut, Sen- (xxvi); or bying activities. ator BLUMENTHAL, in the Chamber. I ‘‘(bb) is described under subparagraph The PRESIDING OFFICER. The Sen- know he has an amendment he wants (B)(xxix), (xxx), or (xxxi), but only with respect to an offense described under subpara- ator from Connecticut. to offer at this time, and I will yield graph (B)(i), (iv), (xvi), (xix), (xxiii), (xxiv), Mr. LIEBERMAN. Madam President, the floor to him. or (xxvi); or it is a new day and with it comes the The PRESIDING OFFICER. The Sen- ‘‘(II) is committed after the date of enact- hope we will make more progress than ator from Connecticut. ment of the STOCK Act and— we did yesterday. Actually, we were Mr. BLUMENTHAL. Madam Presi- ‘‘(aa) is described under subparagraph prepared, after some good work by the dent, I thank the Presiding Officer, the (B)(ii), (iii), (v), (vi), (vii), (viii), (ix), (x), (xi), (xii), (xiii), (xiv), (xv), (xvii), (xviii), (xx), four of us—Senator COLLINS; Senator distinguished Senator from New York, (xxi), (xxii), (xxv), (xxvii), or (xxviii); or and my colleagues, Senator LIEBER- BROWN; the occupant of the chair, Sen- ‘‘(bb) is described under subparagraph ator GILLIBRAND; and myself—and our MAN, Senator COLLINS, and Senator (B)(xxix), (xxx), or (xxxi), but only with re- staffs to move forward yesterday after- BROWN, for their superb leadership on spect to an offense described under subpara- noon. Unfortunately, we were blocked this issue, and I am very pleased to graph (B)(ii), (iii), (v), (vi), (vii), (viii), (ix), in that. But I know efforts continue to strongly support the underlying bill. (x), (xi), (xii), (xiii), (xiv), (xv), (xvii), (xviii), allow us to at least proceed with the AMENDMENT NO. 1498 TO AMENDMENT NO. 1470 (xx), (xxi), (xxii), (xxv), (xxvii), or (xxviii).’’; and amendment Senator PAUL offered that Madam President, I ask unanimous consent that the pending amendment (2) by striking subparagraph (B) and insert- was modified—or prepared to be modi- ing the following: fied, after discussion, with a reasonable be set aside. ‘‘(B) An offense described in this subpara- conclusion that I think will be sup- The PRESIDING OFFICER. Without graph is only the following, and only to the ported by most Members of the Senate. objection, it is so ordered. extent that the offense is a felony: There is so much we can do. Our Mr. BLUMENTHAL. Madam Presi- ‘‘(i) An offense under section 201 of title 18 staffs worked overnight. They have dent, I call up amendment No. 1498. (relating to bribery of public officials and tried to divide the amendments into The PRESIDING OFFICER. The witnesses). those that are germane and relevant clerk will report. ‘‘(ii) An offense under section 203 of title 18 (relating to compensation to Member of Con- and those that are not. I understand The assistant legislative clerk read as follows: gress, officers, and others in matters affect- leadership on both sides will be talking ing the Government). about how to proceed. The Senator from Connecticut [Mr. ‘‘(iii) An offense under section 204 of title I repeat what I said at the outset— BLUMENTHAL], for himself and Mr. KIRK, pro- 18 (relating to practice in the United States and I know all of us who have worked poses an amendment numbered 1498 to Court of Federal Claims or the Unites States amendment No. 1470. so hard to respond to the concern that Court of Appeals for the Federal Circuit by Members of Congress and our staffs are Mr. BLUMENTHAL. Madam Presi- Member of Congress). ‘‘(iv) An offense under section 219 of title 18 not covered by insider trading laws— dent, I ask unanimous consent that reading of the amendment be dispensed (relating to officers and employees acting as that we not try to solve every problem agents of foreign principals). or correct every potential source of with. The PRESIDING OFFICER. Without ‘‘(v) An offense under section 286 of title 18 public mistrust of Congress on this bill (relating to conspiracy to defraud the Gov- objection, it is so ordered. ernment with respect to claims). for fear that we will, therefore, never The amendment is as follows: get anything accomplished. ‘‘(vi) An offense under section 287 of title 18 (Purpose: To amend title 5, United States (relating to false, fictitious or fraudulent I am hopeful, as the morning goes on Code, to deny retirement benefits accrued and certainly into the afternoon, after claims). by an individual as a Member of Congress ‘‘(vii) An offense under section 597 of title discussions that occur at the lunch if such individual is convicted of certain 18 (relating to expenditures to influence vot- hour, we will be able to proceed to han- offenses) ing). dle some amendments in an expedi- At the appropriate place, insert the fol- ‘‘(viii) An offense under section 599 of title tious way and that we can see our way lowing: 18 (relating to promise of appointment by to the end of consideration of this bill, SEC. ll. APPLICATION TO OTHER ELECTED OF- candidate). remembering that on the basic provi- FICIALS AND CRIMINAL OFFENSES. ‘‘(ix) An offense under section 602 of title 18 sions of the bill we have overwhelming (a) APPLICATION TO OTHER ELECTED OFFI- (relating to solicitation of political contribu- bipartisan support. CIALS.— tions). (1) CIVIL SERVICE RETIREMENT SYSTEM.— ‘‘(x) An offense under section 606 of title 18 I understand the vote on cloture to Section 8332(o)(2)(A) of title 5, United States (relating to intimidation to secure political proceed to the bill does not exactly ex- Code, is amended— contributions). press support for the final vote, but (A) in clause (i), by inserting ‘‘, the Presi- ‘‘(xi) An offense under section 607 of title 18 there were only two who voted against dent, the Vice President, or an elected offi- (relating to place of solicitation).

VerDate Sep 11 2014 12:06 Feb 23, 2017 Jkt 019102 PO 00000 Frm 00007 Fmt 0686 Sfmt 0634 E:\BR12\S01FE2.000 S01FE2 rmajette on DSK2TPTVN1PROD with BOUND RECORD February 1, 2012 CONGRESSIONAL RECORD—SENATE, Vol. 158, Pt. 1 559 ‘‘(xii) An offense under section 641 of title with the false denial or false testimony of Mr. SHELBY. Madam President, I 18 (relating to public money, property or another individual as specified in clause ask unanimous consent that the order records). (xxx).’’. for the quorum call be rescinded. ‘‘(xiii) An offense under section 666 of title Mr. BLUMENTHAL. Madam Presi- The PRESIDING OFFICER. Without 18 (relating to theft or bribery concerning dent, essentially this amendment, very programs receiving Federal funds). objection, it is so ordered. ‘‘(xiv) An offense under section 1001 of title simply and directly, assures that Mem- AMENDMENT NO. 1491 TO AMENDMENT NO. 1470 18 (relating to statements or entries gen- bers of Congress who may be pros- Mr. SHELBY. Madam President, I erally). ecuted and convicted of the offenses ask unanimous consent that the pend- ‘‘(xv) An offense under section 1341 of title specified in the amendment also should ing amendment be set aside, and I call 18 (relating to frauds and swindles, including see their pensions revoked, along with as part of a scheme to deprive citizens of up my amendment No. 1491, which is at potentially other crimes that they may the desk. honest services thereby). have committed. ‘‘(xvi) An offense under section 1343 of title The PRESIDING OFFICER. Without The purpose essentially is to assure 18 (relating to fraud by wire, radio, or tele- objection, it is so ordered. vision, including as part of a scheme to de- the credibility of Congress by revoking The clerk will report. prive citizens of honest services thereby). pensions of corrupt Members of Con- The assistant bill clerk read as fol- ‘‘(xvii) An offense under section 1503 of gress, not only those who may be con- lows: title 18 (relating to influencing or injuring victed under this pending bill—insider officer or juror). trading—but also a variety of other The Senator from Alabama [Mr. SHELBY] ‘‘(xviii) An offense under section 1505 of proposes an amendment numbered 1491 to public corruption offenses. In fact, the amendment No. 1470. title 18 (relating to obstruction of pro- amendment adds 22 new public corrup- ceedings before departments, agencies, and Mr. SHELBY. Madam President, I tion offenses to existing law that merit committees). ask unanimous consent that reading of the cancellation or revoking of con- ‘‘(xix) An offense under section 1512 of title the amendment be dispensed with. 18 (relating to tampering with a witness, vic- gressional pensions. The PRESIDING OFFICER. Without tim, or an informant). I have worked with Senator KIRK, ‘‘(xx) An offense under section 1951 of title who, unfortunately, could not be with objection, it is so ordered. 18 (relating to interference with commerce us today. He and his staff have been in- The amendment is as follows: by threats of violence). tegral. It is a bipartisan-proposed stat- (Purpose: To extend the STOCK Act to en- ‘‘(xxi) An offense under section 1952 of title ute that is similar to one I worked to sure that the reporting requirements set 18 (relating to interstate and foreign travel forth in the STOCK Act apply to the execu- or transportation in aid of racketeering en- enact in Connecticut when I was the tive branch and independent agencies) attorney general there. terprises). On page 7, line 7, strike ‘‘a’’ insert ‘‘each ‘‘(xxii) An offense under section 1956 of The guiding principle is absolutely officer or employee as referred to in subtitle 18 (relating to laundering of monetary crystal clear, consistent with the basic section (f), including each’’. instruments). measure we are considering: not one On page 7, line 8 insert a comma after ‘‘em- ‘‘(xxiii) An offense under section 1957 of dime of taxpayer money should go to ployee of Congress’’. title 18 (relating to engaging in monetary corrupt elected officials. At the end, insert the following: transactions in property derived from specified unlawful activity). Over the past 50 years, Members of ‘‘SEC. 11. PROMPT REPORTING AND PUBLIC FIL- ‘‘(xxiv) An offense under chapter 96 of title Congress have been convicted of 16 sep- ING OF FINANCIAL TRANSACTIONS FOR EXECUTIVE BRANCH. 18 (relating to racketeer influenced and cor- arate felonies. So the need for this ‘‘Each agency or department of the Execu- rupt organizations). measure is considerable, even if it is a tive branch and each independent agency ‘‘(xxv) An offense under section 7201 of the small minority of the Members of Con- shall comply with the provisions of section 8 Internal Revenue Code of 1986 (relating to at- gress. In fact, right now, approxi- with respect to any of such agency, depart- tempt to evade or defeat tax). mately $800,000 a year is paid to Mem- ‘‘(xxvi) An offense under section 104(a) of ment or independent agency’s officers and the Foreign Corrupt Practices Act of 1977 bers of Congress who have been con- employees that are subject to the disclosure (relating to prohibited foreign trade prac- victed of these kinds of felonies. provisions under the Ethics in Government tices by domestic concerns). So I wish to particularly thank Sen- Act of 1978.’’. ‘‘(xxvii) An offense under section 10(b) of ator KIRK and quote him since he could Mr. SHELBY. Madam President, I the Securities Exchange Act of 1934 (relating not be here today. He said, earlier this rise today to talk about the amend- to fraud, manipulation, or insider trading of year, of this legislation: ment that I have offered, No. 1491, to securities). American taxpayers should not be on the the STOCK Act. ‘‘(xxviii) An offense under section 4c(a) of hook for the pension benefits of convicted the Commodity Exchange Act (7 U.S.C. 6c(a)) Right now, the STOCK Act, as it is felons. Expanding current law to include ad- (relating to fraud, manipulation, or insider written, does not apply to the public ditional public corruption felonies will block trading of commodities). disclosure requirements to the execu- pension benefits for Members who fail to ‘‘(xxix) An offense under section 371 of title tive branch or independent agencies. honor their pledge to defend the Constitu- 18 (relating to conspiracy to commit offense tion and uphold the laws of the United The amendment that I have offered or to defraud United States), to the extent of States. Once you have violated the public this morning ensures the public disclo- any conspiracy to commit an act which con- trust in that way, I think that the taxpayers sure of all trading by senior govern- stitutes— ‘‘(I) an offense under clause (i), (ii), (iii), should not be supporting your retirement. ment officials. Yes, I will say it again. (iv), (v), (vi), (vii), (viii), (ix), (x), (xi), (xii), In short, very simply, a breach of law My amendment ensures the public dis- (xiii), (xiv), (xv), (xvi), (xvii), (xviii), (xix), by an elected official is a serious of- closure of all trading by senior govern- (xx), (xxi), (xxii), (xxiii), (xxiv), (xxv), (xxvi), fense that should have consequences. ment officials. (xxvii), or (xxviii); or Taxpayers should not pay for the re- This is a very reasonable amend- ‘‘(II) an offense under section 207 of title 18 tirement benefits of elected officials ment, as it is limited to the executive (relating to restrictions on former officers, convicted of a felony—Members of Con- branch and independent agency per- employees, and elected officials of the execu- sonnel who are already subject to the tive and legislative branches). gress, anyone else—especially as the ‘‘(xxx) Perjury committed under section United States faces the soaring deficits reporting requirements. 1621 of title 18 in falsely denying the commis- that it does now and the crippling debt My amendment merely expands the sion of an act which constitutes— that grows even higher. enhanced disclosure requirement under ‘‘(I) an offense under clause (i), (ii), (iii), I urge my colleagues to support this the STOCK Act to these current filers. (iv), (v), (vi), (vii), (viii), (ix), (x), (xi), (xii), amendment. Without this amendment, it would be (xiii), (xiv), (xv), (xvi), (xvii), (xviii), (xix), I yield the floor. impossible for the public to know (xx), (xxi), (xxii), (xxiii), (xxiv), (xxv), (xxvi), whether the executive branch officials (xxvii), or (xxviii); or I suggest the absence of a quorum. ‘‘(II) an offense under clause (xxix), to the The PRESIDING OFFICER. The are complying with the STOCK Act. extent provided in such clause. clerk will call the roll. The public should be able to monitor ‘‘(xxxi) Subornation of perjury committed The assistant legislative clerk pro- trades of all executive and legislative under section 1622 of title 18 in connection ceeded to call the roll. branch officials in the same manner.

VerDate Sep 11 2014 12:06 Feb 23, 2017 Jkt 019102 PO 00000 Frm 00008 Fmt 0686 Sfmt 0634 E:\BR12\S01FE2.000 S01FE2 rmajette on DSK2TPTVN1PROD with BOUND RECORD 560 CONGRESSIONAL RECORD—SENATE, Vol. 158, Pt. 1 February 1, 2012 Let’s not make Congress transparent forced to divest themselves of con- forth. We would then have a certain while leaving the executive branch and flicting stock holdings—obviously, consistency that we had vetted the uni- independent agencies in the dark. sometimes at a financial loss. verse of Federal employees that should Ironically, the disclosure provisions There could be an amendment to be covered. That seems to me to be a of the STOCK Act currently do not come up on that. But to do it in ex- very appropriate and relatively easy fix apply to the Securities and Exchange actly the way—at least on the recusal to this issue. Commission, their employees, and so section—the executive branch does it I do want to emphasize that I agree forth, which is the body that will be re- would not be appropriate for Members with Senator SHELBY that those Fed- sponsible for enforcing such provisions of Congress because Members are eral employees should be required to on Congress. That is nonsense. The called on to vote on issues across the file in the same timeframes as Mem- SEC, which has access to vast financial widest array of activity. Recusal, bers of Congress and their staffs, and markets information, should be held to therefore, is not a viable option be- that certainly those reports should be the same standards it has been charged cause it would deny our constituents accessible online. with enforcing. representation and our votes on a very Mr. President, I suggest the absence My amendment will apply the disclo- wide array of public issues. An amend- of a quorum. sure provisions of the STOCK Act to all ment on divestiture of blind trusts or The PRESIDING OFFICER. The branches, ensuring transparency for all mutual funds is another question. clerk will call the roll. in government. But the main point I wanted to make The assistant bill clerk proceeded to I appreciate the willingness of the is there is a lot of regulation on the ex- call the roll. chairman and ranking member of the ecutive branch. The ethics rules, re- Mr. BROWN of Ohio. Mr. President, I Homeland Security and Governmental quirements, and guidance that have ask unanimous consent the order for Affairs Committee to work with me. I been put forth over the years by the Of- the quorum call be rescinded. look forward to working with them fice of Government Ethics and at the The PRESIDING OFFICER. Without more to improve public disclosure for agencies are extensive. I know volume objection, it is so ordered. both the executive and legislative of pages of law isn’t everything, but it AMENDMENT NO. 1481 branches. says a lot. There are six pages in the Mr. BROWN of Ohio. Mr. President, I yield the floor. Senate Code of Conduct that cover con- across the Nation, Americans wonder if The PRESIDING OFFICER. The Sen- flicts of interest, while there are lit- Washington is working for them. ator from Connecticut. erally hundreds of pages of rules and Congress’s approval rate, as we know Mr. LIEBERMAN. Madam President, requirements governing such conflict so well, is an abysmal 13 percent, 12 I thank my friend from Alabama for of interest situations for the executive percent—different surveys—but not coming to the floor and proposing his branch. very good. One factor contributing to amendment. I agree that there should The amendment offered by the Sen- this distrust is the sense that elites in be parity between the legislative and ator from Alabama, as drafted, would Washington are using their positions to executive branches wherever it is ap- require that the annual filings of over get ahead financially. Members of Con- propriate. I am very happy to work 300,000 career civil servants and man- gress have the privilege and the honor with him. agers be published on the Internet. of being elected to serve the public. I must say that yesterday we made That is a lot of people and a lot of work Unfortunately, some elected officials some progress on a somewhat similar to be done to process and handle those. have used the information they have amendment by Senator PAUL to appro- But I understand the intention of Sen- acquired through service to the pub- priately scope the amendment on re- ator SHELBY. I think it is a good inten- lic—and I might put service to the pub- quiring executive branch officials to tion. Senator WYDEN has a similar lic in quotation marks—to enrich their report on their financial transactions amendment, and I wish to work with stock holdings. That is wrong. Public to Senate-confirmed positions. I don’t them, as I know Senator COLLINS would servants should not receive financial know whether that is the resolution as well, to see if we can come to some benefits for the votes they cast or the here, but I think we should work on it. meeting of the minds that would allow issues they work on. That is why I ap- I want to state for the record that the us to achieve the purpose we all have preciate the work Senator GILLIBRAND, executive branch is not free of conflict- in the underlying bill, which is to build Senator LIEBERMAN, and Senator COL- of-interest regulations. In fact, in some confidence in our government and its LINS are doing in this legislation. sense you might say they have tougher integrity. How many articles do we have to restrictions. Even the SEC employees The PRESIDING OFFICER (Mr. read about the appearance of impro- have to get permission before they can FRANKEN). The Senator from Maine. priety on the investment decisions of make stock transactions, and then Ms. COLLINS. Mr. President, I sup- lawmakers and their staff? In a Wash- they have to file disclosures not within port the intent of the amendment of- ington Post article from June of 2010, 30 or 10 days but within 2 days, I be- fered by the Senator from Alabama. I Taxpayers for Common Sense said: lieve. There are many other regula- think he is right, we need parity, as By being on a committee with a particular tions on them. much as possible, in the disclosure re- jurisdiction, they’re in a better position of I think part of what is going on here influencing the performance of their invest- quirements. I also believe he is correct ments, or at least appearing to have that is the nature of the two branches of the disclosure reports should be online ability. Government to deal with conflicts of so they are easily accessible. So the in- I am not saying my colleagues do interest. We have focused on a system tent of his amendment is one I whole- that. I think perhaps some do. I do not of disclosure and transparency. We heartedly support. know that, but I do know that the ap- have embraced the adage that sunlight As Senator LIEBERMAN does, I have pearance to the public is that Members is the best disinfectant. In contrast, some questions about the universe of of the Senate are in a position to en- the executive branch actually address- Federal employees who would be cov- rich themselves on a variety of issues es potential conflicts of interest ered by the amendment of the Senator and investments. through not just transparency but stat- from Alabama. We have been working In a Washington Post article on De- utory mandates that require the dives- successfully with the Senator from cember 20, the Project on Government titure of stock when it may involve a Kentucky, who first brought up this Oversight—this was about a year, 13, 14 conflict of interest and recusal being issue of parity, to make sure the scope months ago, this article—said: involved in handling anything that re- of coverage is appropriate. It seems to It’s a problem. They will come back and lates to any personal interest that an me one way to solve these issues is to say that it’s ludicrous that I would think of individual in the executive branch has. use a similar scope as we have agreed my stocks, that they only think about the There is a very extensive system of on with Senator PAUL in the amend- nation’s interests and of their constituents. high-ranking agency officials being ment that Senator SHELBY has brought The problem is, we can’t know.

VerDate Sep 11 2014 12:06 Feb 23, 2017 Jkt 019102 PO 00000 Frm 00009 Fmt 0686 Sfmt 0634 E:\BR12\S01FE2.000 S01FE2 rmajette on DSK2TPTVN1PROD with BOUND RECORD February 1, 2012 CONGRESSIONAL RECORD—SENATE, Vol. 158, Pt. 1 561 That is exactly right. We can’t know. this is a sacrifice—which it is not, ulti- Americans. I think the citizens of the This is a USA editorial from yester- mately—remember that while the me- United States of America in every day: dian net worth of all Americans State understand that principle. Every- If lawmakers were really concerned with dropped 8 percent from 2004 to 2010, the one else in the country has to abide by ethics, they’d put their equity holdings in median net worth of Members of Con- rules that say they cannot profit in the blind trusts, so they wouldn’t have the obvi- gress jumped 15 percent over that same stock market from privileged informa- ous conflict of interest that comes from set- period. It is not a judgment of my col- tion. There is no reason those rules ting the rules for the companies they own. Banking committee members wouldn’t in- leagues, simply what we should do, should not apply to Members of Con- vest in financial institutions, armed services what the public would want us to do. gress. committee members wouldn’t invest in de- Some argue selling our stock will Indeed, Members of Congress at any fense contractors, and energy committee make us lose touch with the rest of so- given time can hold access to immense members wouldn’t investment in oil compa- ciety. That thinking falls on deaf ears amounts of information from previews nies. for most Americans. Why should they of economic forecasts, from advanced These stories simply do not reflect vote on issues that affect the oil indus- knowledge of events affecting major well on the world’s greatest delibera- try when they own oil stocks? Why employers in their State, to classified tive body. Most of us think these in- should Members of the Senate vote on defense information that might have vestments don’t affect our decisions. issues that affect health care when implications for, for example, the oil They probably do not. But isn’t it time they own stock in pharmaceutical com- market. we hold ourselves to a higher standard? panies—Big PhRMA stocks? Under the right circumstances, all of That is what the STOCK Act is all Appearance matters. Right now the this information can provide insider about. The Senate is considering the American people do not trust that we knowledge of which ways the markets STOCK Act, which clarifies the insider are acting in the Nation’s best inter- are likely to move. So I am delighted trading laws, that they apply the same ests far too often. that this body has voted overwhelm- way to Members of Congress as they do I will close with this and then turn to ingly to move forward with the STOCK to people in the rest of the country. Senator MERKLEY. Public service is a Act. It would make clear that trading But the STOCK Act only deals with in- privilege. Folks around Washington are on congressional knowledge is no more sider trading, which is very important, paid pretty well for what we do—are acceptable than any other form of in- but that is only a small part of the paid very well for what we do. We take sider trading, and it would also make problem. Senator MERKLEY and I are these jobs seriously. We should take financial disclosures for Members of proposing the Putting the People’s In- them seriously. We should look at the Senate searchable online, and that terests First Act amendment to the them as the privilege they are to serve is also very important in the principle STOCK Act. It would require all Sen- in the greatest deliberative body in the of transparency. ators and senior staff, probably legisla- world and get to serve my State, 11 These are important steps, but they tive director, their most senior legisla- million people; the State of Senator do not go far enough. Let’s remember tive people—person—and their Chief of GILLIBRAND, 19 million people, some- that insider trading is extraordinarily Staff, all Senators and their Chiefs of thing like that; and the State of Sen- difficult to define and extraordinarily Staff, all subject to financial disclo- ator MERKLEY—millions of people we difficult to prosecute. Where did you sure, to sell individual stocks, divest serve. It is a privilege to do it. There is get that information and what truly themselves of individual stocks that no reason our colleagues need to be motivated you to make a particular create conflicts or place all of those in- buying and selling stocks in multi- trade in a stock? And because of that, dividual stock investments in blind million dollar portfolios. When asked when the conflict of interest exists, we trusts. about the fact that the Senate Armed have stepped forward to say that this No one is required to avoid equities. Services Committee conflict of interest must be addressed. We ask members of We can still invest in broad-based mu- rules apply only to staff and to DOD the executive branch to put aside their tual funds or exchange-traded funds. appointees, President Bush’s Deputy individual stocks in situations where We have already had this in a limited Secretary of Defense Gordon England the conflict arises. We ask our staff way. Senate ethics rule 37.7 requires said, ‘‘I think Congress should live by members to set aside and divest them- committee staff making more than the rules they impose on other people.’’ selves of their stock when a conflict of $25,000 a year to ‘‘divest himself or her- In the State of the Union Address the interest arises. We applaud the fact self of any substantial holdings which President said, ‘‘Let’s limit any elected that partners in law firms dealing with may be directly affected by the actions official from owning stocks in indus- cases set aside and divest themselves of of the committee for which {that per- tries they impact.’’ stock when the conflict of interest son} works’’ unless the Ethics Com- Everything we do in this body, al- arises. But somehow we have not seen mittee approves an alternate arrange- most everything we do—committee fit to have the debate about our own ment. hearings, floor sessions, calls to agen- activities. The Armed Services Committee re- cies—affects businesses and the profits My colleague put it very well when quires all staff, spouses, and depend- businesses make or do not make. That he said: Why should we allow Members ents to divest themselves of stock in is why Senator MERKLEY and I are in- of Congress to hold oil stocks and then companies doing business with the De- troducing this amendment. It is sim- vote on issues affecting oil companies? partment of Defense and Department of ple. It is direct. The public should ex- Why should folks be able to invest in Energy. The Committee does permit pect nothing else. renewable energy companies and then the use of blind trusts. I yield the floor. fight for tax credits that benefit renew- In the executive branch, Federal reg- The PRESIDING OFFICER. The Sen- able energy companies? Why should we ulations and Federal criminal law gen- ator from Oregon. allow Members to hold stock in phar- erally prohibit employees, their Mr. MERKLEY. Mr. President, I am maceutical companies and then be de- spouses, and their children from own- delighted to rise today in support of ciding on issues such as whether we ing stock in companies they regulate. the STOCK Act and in support of should have competition in the pricing All Senator MERKLEY and I are say- amendment No. 1481 that my colleague of pharmaceuticals for Medicare? It is ing is Members of the Senate should from Ohio has put forward to address a direct conflict of interest. hold themselves to the same standard the fundamental issues of conflict of Any Member of this body who says, I we require of committee staff and exec- interest that reside here in our body. never even gave a passing thought to utive branch employees. We tell com- Let me start with the defining prin- the impact on my several-hundred- mittee staff and executive branch em- ciple; that is, there should not be one thousand-dollar investment in X, Y, ployees they can’t do this. Why should set of rules for Members of Congress and Z, I must say, well, I honor their we be allowed to do this? If we think and a different set of rules for ordinary thought, but it doesn’t address the

VerDate Sep 11 2014 12:06 Feb 23, 2017 Jkt 019102 PO 00000 Frm 00010 Fmt 0686 Sfmt 0634 E:\BR12\S01FE2.000 S01FE2 rmajette on DSK2TPTVN1PROD with BOUND RECORD 562 CONGRESSIONAL RECORD—SENATE, Vol. 158, Pt. 1 February 1, 2012 issue about us as an institution be- The PRESIDING OFFICER. Is there (1) ADMINISTRATION.—The provisions of this cause no one else outside these walls objection? Without objection, it is so section shall be administered by the Select will believe you didn’t think a little bit ordered. Committee on Ethics of the Senate. The Se- about the impact on your personal fi- The amendment is as follows: lect Committee on Ethics is authorized to issue guidance on any matter contained in nancial portfolio when you voted for At the end of the amendment, insert the this section. following: that tax credit or you voted for that (2) ENFORCEMENT.— lll policy that made your investment SEC. . PUTTING THE PEOPLE’S INTERESTS (A) PENALTY.—Whoever knowingly fails to worth a lot more than it would have FIRST ACT OF 2012. comply with this section shall, upon proof of (a) SHORT TITLE.—This section may be such knowing violation by a preponderance been otherwise. cited as the ‘‘Putting the People’s Interests of the evidence, be subject to a civil fine of The people in America are far ahead First Act of 2012’’. not more than $50,000, depending on the ex- of us. During January, I had seven (b) IN GENERAL.—A covered person shall be townhall meetings in which the STOCK prohibited from holding and shall divest tent and gravity of the violation. EPORTING.— Act came up several times, and I asked themselves of any covered investment that is (B) R (i) COMMITTEE NOTIFICATION.—The Select directly, reasonably, and foreseeably af- for feedback. I said: How many folks Committee on Ethics shall notify the United fected by the official actions of such covered here believe Congress should live by States Attorney for the District of Columbia person, to avoid any conflict of interest, or the same rules of insider trading that that a covered person has violated this sec- the appearance thereof. Any divestiture shall tion. everyone else in America lives by? And occur within a reasonable period of time. there was not a person who raised their (c) DEFINITIONS.—In this section: (ii) SECRETARY OF THE SENATE NOTIFICA- hand in support of having a separate (1) SECURITIES.—The term ‘‘securities’’ has TION.—The Secretary of the Senate shall no- set of rules for Congress. Then I asked the same meaning as in section 3 of the Se- tify the United States Attorney for the Dis- the question: Do you think we should curities Exchange Act of 1934 (15 U.S.C. 78c). trict of Columbia that a covered person re- (2) COVERED PERSON.—The term ‘‘covered quired to file reports under title I of the Eth- go further? Should Members not be al- ics in Government Act has violated this sec- lowed to hold individual stocks given person’’ means a Member, officer, or employee of the Senate, their spouse, and their tion. that they are making decisions that af- dependents. Mr. BROWN of Ohio. Mr. President, I fect the values of the stock? Again uni- (3) COVERED INVESTMENT.—The term ‘‘cov- would just briefly explain that we nar- versal support that Congress should ad- ered investment’’ means investment in secu- rowed the amendment to only cover dress this conflict of interest in the rities in any company, any comparable eco- those who disclose, which means people same way we have addressed it for the nomic interest acquired through synthetic pretty much making over $120,000 or so. executive branch or for our staff mem- means such as the use of derivatives, or short selling any publicly traded securities. It conforms with the disclosure re- bers. So the citizens of this country un- quirement under the STOCK Act. Our derstand this. (4) OFFICER OR EMPLOYEE.—The term ‘‘officer or employee of the Senate’’ means any concern is top staff in major decision- The amendment that Senator BROWN individual whose compensation is disbursed making positions and sitting U.S. Sen- is championing and that I am by the Secretary of the Senate or employee ators. That is our target, that is our partnering to support has three advan- of the legislative branch (except any officer concern, and we wanted to conform it tages: It directly prevents conflict of or employee of the Government Account- with provisions Senator GILLIBRAND interest, and that is a good thing. Sec- ability Office) who, for at least 60 days, occu- has put in her legislation subject to the ond, it eliminates the appearance of pies a position for which the rate of basic pay is equal to or greater than 120 percent of STOCK Act. impropriety. It gives Americans con- Thank you, Mr. President. I appre- fidence that we are addressing issues the minimum rate of basic pay payable for ciate Senator MERKLEY’s input and in- not with a thought to our personal fi- GS–15 of the General Schedule. (5) SHORT SELLING.—The term ‘‘short sell- volvement in helping with this amend- nancial status, and that is a good ing’’ means entering into a transaction that ment. thing. Third, it is very straightforward has the effect of creating a net short position I yield the floor. to enforce. It is not like insider trad- in a publicly traded company. Mrs. GILLIBRAND. I suggest the ab- ing, which is difficult to define and dif- (d) EXCEPTIONS.— sence of a quorum. ficult to prosecute. It is very clear-cut. (1) BROAD-BASED INVESTMENTS.—Nothing in The PRESIDING OFFICER. The this section shall preclude a covered person You get rid of your individual stocks clerk will call the roll. and you hold broad mutual funds, you from investing in broad-based investments, such as diversified mutual funds and unit in- The bill clerk proceeded to call the hold your investments in a blind trust. vestment trusts, sector mutual funds, or em- roll. These are reasonable options. So for ployee benefit plans, even if a portion of the Mr. INHOFE. Mr. President, I ask these three reasons, the Members of funds are invested in a security, so long as unanimous consent that the order for this body should debate this. the covered person has no control over or the quorum call be rescinded. I know many do not agree. A number knowledge of the management of the invest- The PRESIDING OFFICER (Mr. have come up to me and said they are ment, other than information made avail- UDALL of New Mexico). Without objec- almost offended by the notion that we able to the public by the mutual fund. tion, it is so ordered. (2) CERTAIN SPOUSAL INVESTMENTS.—Noth- would address conflict of interest in AMENDMENT NO. 1500 TO AMENDMENT NO. 1470 this body. I would invite them to come ing in this section shall preclude a spouse from purchasing, selling, investing, or other- Mr. INHOFE. Mr. President, I ask to the floor and converse on this. Yes, wise acquiring or disposing of the securities unanimous consent that the pending it is a longstanding Senate tradition, of the company in which the spouse is em- amendment be set aside and call up but there have been a lot of long- ployed. amendment No. 1500. standing Senate traditions that didn’t (e) TRUSTS.— The PRESIDING OFFICER. Is there work well for the Senate and our place (1) IN GENERAL.—On a case-by-case basis, objection? in helping to shape the laws of this Na- the Select Committee on Ethics may author- Without objection, it is so ordered. tion. We have changed many of them, ize a covered person to place their securities holdings in a qualified blind trust approved The clerk will report. and we should change this. by the committee under section 102(f) of the The assistant legislative clerk read I encourage my colleagues to support Ethics in Government Act of 1978. as follows: the amendment Senator BROWN has put (2) BLIND TRUST.—A blind trust permitted The Senator from Oklahoma [Mr. INHOFE], forward, and I applaud him for doing under this subsection shall meet the criteria for himself and Mrs. HUTCHISON, proposes an so. in section 102(f)(4)(B) of the Ethics in Gov- amendment numbered 1500 to amendment The PRESIDING OFFICER. The Sen- ernment Act of 1978, unless an alternative No. 1470. ator from Ohio. arrangement is approved by the Select Com- Mr. INHOFE. Mr. President, I ask AMENDMENT NO. 1481, AS MODIFIED mittee on Ethics. unanimous consent that reading of the Mr. BROWN of Ohio. Mr. President, I (f) APPLICATION.—This section does not apply to an individual employed by the Sec- amendment be dispensed with. ask unanimous consent to bring up a retary of the Senate or the Sergeant at The PRESIDING OFFICER. Without modified version of amendment No. Arms. objection, it is so ordered. 1481. (g) ADMINISTRATION AND ENFORCEMENT.— The amendment is as follows:

VerDate Sep 11 2014 12:06 Feb 23, 2017 Jkt 019102 PO 00000 Frm 00011 Fmt 0686 Sfmt 0634 E:\BR12\S01FE2.000 S01FE2 rmajette on DSK2TPTVN1PROD with BOUND RECORD February 1, 2012 CONGRESSIONAL RECORD—SENATE, Vol. 158, Pt. 1 563 (Purpose: To prohibit unauthorized propriations Committee, where they two fronts at that time, we made a de- earmarks) would sit down during the course of an termination in the Senate Armed Serv- At the end of the amendment, insert the appropriations bill, and they would ices Committee that $330 million would following: swap out deals, favors, and get things be better spent if we bought six new F– SEC. lll. PROHIBITION ON UNAUTHORIZED for their State. This is the type of 18E/F models. Those are strike vehi- EARMARKS. (a) IN GENERAL.—It shall not be in order to thing that is wrong, and it should not cles. One of the reasons for that was consider a bill, joint resolution, conference take place. the President in his budget did away report, or amendment that provides an ear- But I have to remind my friends here with the only fifth-generation fighter mark. that we have a Constitution for this we had, the F–22. That was back in his (b) SUPERMAJORITY.— country. Article I, section 9 of the Con- first budget, and he is talking about (1) WAIVER.—The provisions of subsection stitution makes it very clear that we— delaying the F–35, the Joint Strike (a) may be waived or suspended in the Senate those of us in this Chamber and in the Fighter, which is going to be necessary only by the affirmative vote of three-fourths of the Members, duly chosen and sworn. House Chamber across the hall—have a to have. (2) APPEAL.—Appeals in the Senate from primary constitutional responsibility; So we made that decision, and that the decisions of the Chair relating to any that is, to authorize and appropriate. was made by a majority of the mem- provision of this section shall be limited to 1 That is what article I, section 9 of the bers of the Senate Armed Services hour, to be equally divided between, and con- Constitution says we are supposed to Committee. It had nothing to do with trolled by, the appellant and the manager of be doing. whose home State makes the F–18. the measure. An affirmative vote of three- If you go back and study what Jus- None of that made any difference. It fourths of the Members of the Senate, duly tice Joseph Story, back in 1833, talked was just that we could do a lot more to chosen and sworn, shall be required to sus- about, he kind of made the interpreta- tain an appeal of the ruling of the Chair on defend America by having six new F– a point of order raised under this section. tion of the intent of the Constitution 18s than we could by having the (c) EARMARK DEFINED.—In this resolution, so far as what our duties and the Presi- launching system called a bucket of the term ‘‘earmark’’ means a provision or re- dent’s are. He said very clearly that we rockets. Now, if you do that today, port language included primarily at the re- are doing this because if the President that is an earmark, to say: Well, no, quest of a Senator or Member of the House of has the power to do the appropriating— that was not in the President’s budget. Representatives providing or recommending or if you want to call it earmarks, you I have to remind everyone, it does a specific amount of discretionary budget can call it earmarks—appropriating or authority, credit authority, or other spend- not matter whether the President of ing authority for a contract, loan, loan guar- authorization, that is too much power the United States is a Democrat or Re- antee, grant, loan authority, or other ex- in the hands of one person. So he is publican; the President is the guy who penditure with or to an entity, or targeted to very specific that our Founding Fa- designs the budget. A lot of people do a specific State, locality, or congressional thers wanted to make sure the Presi- not know that. It is not the Democrats, district unless the provision or language— dent does not do this. not the Republicans, not the House, (1) is specifically authorized by an appro- So what happens today? Today we not the Senate. It is the President. priate congressional authorizing committee get a budget from the President, which When he designs this budget, he makes of jurisdiction; is taking place right now as we speak. the determination as to how he thinks (2) meets funding eligibility criteria estab- I could talk about this, all the deficits lished by an appropriate congressional au- everything should be spent. If we say thorizing committee of jurisdiction by stat- in the budget and all that, but that is we cannot do authorization and appro- ute; or not my purpose for being here. My pur- priation, then that would be called an (3) is awarded through a statutory or ad- pose for being here is to articulate how earmark, and there is a ban on ear- ministrative formula-driven or competitive things are working today and how they marks. award process. have worked up until the moratorium The reason I have kind of walked Mr. INHOFE. Mr. President, today I language came into effect. around the barn a long way on this understand Senator TOOMEY is going to The President sends a budget to Con- issue is that I have an amendment, the be offering an amendment that will—it gress. Then that is supposed to go to amendment I have just now brought up is quite an oversimplification to state authorizing committees. I am on two for consideration, amendment No. 1500. it this way, but it would make perma- authorizing committees—one is Envi- What that does is it merely defines an nent the temporary ban on earmarks. I ronment and Public Works, one is the earmark as an appropriation that has think this is something we have talked Senate Armed Services Committee. not been authorized. I just described about and talked about and talked The Senate Armed Services Committee the authorization process. If we go about on this floor. In fact, the last is staffed with experts in areas of mis- through that, then there are not going time we talked about an amendment to sile defense, in areas of national de- to be any earmarks in the way most put a moratorium on earmarks, my fense, in areas of strike vehicles, in people think of earmarks, but we will conservative rating of No. 1 in the U.S. areas of lift capacity—all the areas be doing our duty. Senate moved to No. 20 because I was that are in his budget in every area of I feel very confident we are going to telling the truth and not demagoguing national defense. But here is the thing: be able to get this passed. Several of an issue. These are experts, so they advise us as the individuals here very responsibly The problem we have is this: When we have our meetings and we are draft- have talked about this issue. For exam- the House of Representatives, first of ing in the Senate Armed Services Com- ple, Senator TOOMEY said yesterday on all, came up some time ago—2 years mittee—SASC—the defense authoriza- the floor that some earmarks ‘‘ought ago—with doing away with earmarks, tion bill, the NDAA, as we did just a to be funded. But they ought to be putting a moratorium on earmarks, few months ago. We come up with how funded in a transparent and honest then they defined what that morato- we think we should be spending the way, subject to evaluation by an au- rium was and defined an earmark in a money to defend America within the thorizing committee.’’ So here is the certain House rule. The bottom line is parameters of the President’s budget. author of the ban on earmarks agree- this: It said it is any kind of an appro- I will give you an example. A couple ing that if we go through an authoriza- priation or authorization. years ago, before there was any discus- tion process, it is all right to fulfill our Now, here is where the problem is. sion on the moratorium, the President constitutional function of appro- Because everybody is upset with the had in his budget $330 million to go to priating and authorizing. process that has taken place by Demo- a launching system. It was called a Senator COBURN, my junior Senator, crats and Republicans on the floor of bucket of rockets. It was a good sys- said: this Senate—and I will not name tem, something we need, something It is not wrong to go through an authoriza- names, but I think most of the Mem- that would be very helpful to have. But tion process where your colleagues can actu- bers know the ones I am talking about. with the limited resources we have and ally see it. It is wrong to hide something in Many of them are members of the Ap- the fact that we were fighting a war on a bill. . . .

VerDate Sep 11 2014 12:06 Feb 23, 2017 Jkt 019102 PO 00000 Frm 00012 Fmt 0686 Sfmt 0634 E:\BR12\S01FE2.000 S01FE2 rmajette on DSK2TPTVN1PROD with BOUND RECORD 564 CONGRESSIONAL RECORD—SENATE, Vol. 158, Pt. 1 February 1, 2012 Agreed. We all agree on that. That in what is best for the country, not 30 days to make this information avail- was a year ago when he made that their financial interest. Members of able online for their constituents to statement. Congress, their families, their staffs, see, providing dramatically improved Senator MCCAIN—by the way, I intro- and Federal employees should not be oversight and accountability. We duced this amendment in bill form last able to gain any personal profit from should be able to agree that these re- year. He was my cosponsor. We intro- information they have access to that ports should be available in the light of duced it together. That was merely ordinary Americans do not—whether it day and not stored in some dusty back changing the definition of an earmark is trading stock or making inside real room. to be an appropriation or spending that estate deals. It is simply not right. No- The committee heard experts testi- has not been authorized. body should be above the rules. fying during a Senate hearing that re- Senator MCCAIN said: The commonsense bill before us ducing this new reporting requirement Some of those earmarks are worthy. If would finally codify this principle into to 90 days was not good enough. The they are worthy, then they should be author- law, as it should be. Chairman LIEBER- committee listened to these experts ized. MAN, Ranking Member COLLINS, Sen- carefully, and the bill has been That is the whole issue. I can under- ator BROWN of Massachusetts, and their strengthened and currently has a 30- stand some Democrats wanting to do committee members and staffs have day proposal, a sea change of improve- away with congressional earmarks be- crafted a very strong bipartisan bill ment from the current reporting re- cause if they do that, it goes right back with teeth that is narrowly tailored quirement of a yearly reporting re- to Obama. If I were in a position where and targeted to ensure that we achieve quirement on a paper document. I felt President Obama or any other this very common goal. Because of this Some critics say this bill is unneces- President could do a better job of ap- bipartisan work, last night this Cham- sary and is already covered under cur- propriating money, that would be an- ber came together in what has become rent statutes. I have spoken with ex- other motivation to do this. But for re- nearly an unprecedented fashion these perts tasked in the past with investiga- sponsible conservatives who believe in days and voted almost unanimously to tions of this nature, and they strongly what the Constitution says, this is a begin debate on this sorely needed leg- disagree. We must make it clear as day very easy solution to the problem. islation. As we continue to debate, I and unambiguous that this kind of be- The amendment will be brought up. I urge my colleagues to focus on the spe- havior is illegal. do not know when yet. I suppose I cific task at hand. Let’s show the President Obama told us in the State could find out just what our timing is American people we can come together of the Union to send him a bill, and he going to be. But the amendment I have and get this done to begin to restore will sign it right away. We should not offered simply bans any congressional their trust in us. delay. This is the time to act. Let’s earmark that is not first authorized. If there are ideas to make the bill show people who send us here that we If we do this, instead of an outright stronger, let’s debate them. But let’s can come together and do the right ban, it will preserve our ability to keep not get bogged down in the politics as thing. Let’s show them we know they the President’s power in check. I would usual, with nongermane side issues deserve a government that is worthy of hope that many of my colleagues go that will prevent us from swiftly mov- them. We have an opportunity to take back and read what our Founding Fa- ing on an up-or-down vote the Amer- a step toward restoring some of the thers had in mind when they talked ican people expect of us. We are al- faith that has been lost in Washington about article I of the Constitution. I ready starting in a strong position and in this institution. I urge my col- think they would find that they made with our colleagues in the House. leagues to seize this opportunity. it very clear we want to have a separa- This STOCK Act legislation is very I yield the floor, and I suggest the ab- tion of those powers so we do not have similar to legislation introduced by my sence of a quorum. either the House or the Senate or the colleague in the New York delegation, The PRESIDING OFFICER. The Presidency doing everything. Instead, Congresswoman LOUISE SLAUGHTER, clerk will call the roll. we should follow the Constitution. and Congressman TIM WALZ. I thank The assistant legislative clerk pro- So that is what my amendment is all them for their longstanding advocacy ceeded to call the roll. about. I will be looking forward to and focus and leadership on this impor- Mrs. BOXER. Mr. President, I ask bringing it up. I think it probably will tant issue. unanimous consent that the order for be considered today. I look forward to Our bill, which has received the sup- the quorum call be rescinded. that. port of at least seven good government The PRESIDING OFFICER (Mr. I yield the floor and suggest the ab- groups, covers several very important CARDIN). Without objection, it is so or- sence of a quorum. principles. First, Members of Congress, dered. The PRESIDING OFFICER. The their families, their staffs, and Federal Mrs. BOXER. I ask unanimous con- clerk will call the roll. employees should be barred from gain- sent to set aside the pending amend- The assistant legislative clerk pro- ing any personal profit on the basis of ment. ceeded to call the roll. knowledge gained through their con- The PRESIDING OFFICER. Is there Mrs. GILLIBRAND. Mr. President, I gressional service or from using knowl- objection? ask unanimous consent that the order edge to tip off anyone else. Without objection, it is so ordered. for the quorum call be rescinded. This bill will, for the first time, es- AMENDMENT NO. 1489 TO AMENDMENT NO. 1470 The PRESIDING OFFICER. Without tablish a clear fiduciary responsibility Mrs. BOXER. I call up amendment objection, it is so ordered. to the people we serve. This simple step No. 1489 and ask for its immediate con- Mrs. GILLIBRAND. Mr. President, removes any present doubts as to sideration. we have an incredibly important oppor- whether the SEC and the CFTC are em- The PRESIDING OFFICER. The tunity to do something so basic, so powered to investigate and prosecute clerk will report the amendment. commonsense to begin restoring the cases involving insider trading of secu- The assistant bill clerk read as fol- faith and trust that the American peo- rities from using this nonpublic infor- lows: ple have in this institution. We have a mation. It also provides additional responsibility to do it right, to show teeth. Such acts would also be in viola- The Senator from California [Mrs. BOXER], without question, without any ambi- for herself and Mr. ISAKSON, proposes an tion of Congress’s own rules, to make amendment numbered 1489 to amendment guity, that all Members of Congress, it clear that this activity is inappro- No. 1470: their staffs, and Federal employees priate and subjects Members to addi- At the end, add the following: play by the exact same rules as every- tional disciplinary measures by this SECTION 9. REQUIRING MORTGAGE DISCLOSURE. day Americans. very body. Section 102(a)(4)(A) of the Ethics in Gov- The American people deserve to Second, Members should be required ernment Act of 1978 (5 U.S.C. App) is amend- know their lawmakers’ only interest is to disclose major transactions within ed by inserting after ‘‘spouse’’ the following:

VerDate Sep 11 2014 12:06 Feb 23, 2017 Jkt 019102 PO 00000 Frm 00013 Fmt 0686 Sfmt 0634 E:\BR12\S01FE2.000 S01FE2 rmajette on DSK2TPTVN1PROD with BOUND RECORD February 1, 2012 CONGRESSIONAL RECORD—SENATE, Vol. 158, Pt. 1 565 ‘‘, except that this exception shall not apply amendment and the underlying bill are rently required to file an annual finan- to a reporting individual described in section sensible steps toward rebuilding our cial disclosure form. 101(f)(9)’’. Nation’s faith in government. The PRESIDING OFFICER. The Sen- Mrs. BOXER. I am sure, listening to Again, the rules are already clear ator from California. that, it is hard to understand exactly that we are not permitted to get any fi- Mrs. BOXER. I very much thank Sen- what this is all about, so let me take a nancial arrangements that are better ator COLLINS for that question. moment. than they are for any other con- Senator ISAKSON and I, as the chair I want to first thank Senators LIE- stituent, so I think by this disclosure and vice chair of the Ethics Com- BERMAN and COLLINS for all their hard we are saying that even in our own per- mittee, are applying this to the Mem- work and I want to thank Senator sonal mortgages we have to be aware of bers of Congress. That is because the GILLIBRAND for writing the STOCK Act. this. I think this listing is called for, scandal that took place with Country- I come to the floor as the chairman and I urge my colleagues to support wide involved the Members of Con- of the Ethics Committee with an this amendment and the underlying gress. We are not including staff in amendment that we wrote together, legislation. this. It also applies to more than one Senator ISAKSON and I, who is the vice I yield the floor, and I suggest the ab- residence, because some of our Mem- chair of the committee. So this is quite sence of a quorum. bers have seven homes, six homes, four a bipartisan amendment and I don’t The PRESIDING OFFICER. The homes, two homes. If you have mort- think it should be controversial or clerk will call the roll. gages on any of those properties, you troublesome in any way. The assistant bill clerk proceeded to would now have to disclose those. This amendment actually comes call the roll. The PRESIDING OFFICER. The Sen- from a bill that Senator ISAKSON and I Ms. COLLINS. Mr. President, I ask ator from Maine. wrote together after the Countrywide unanimous consent that the order for Ms. COLLINS. Mr. President, I thank fiasco. If you want to recollect that un- the quorum call be rescinded. the Senator from California for clari- happy issue, it was a situation where The PRESIDING OFFICER. Without fying that issue and answering my Countrywide had set up a VIP program objection, it is so ordered. question. and they literally targeted Members of Ms. COLLINS. Mr. President, I want I guess my further question would be, Congress of the House and Senate to to comment briefly on the amendment why would we only apply it to Mem- put them into this program and never that has been proposed by the Senator bers of Congress and not apply it to told the Members of Congress that from California to the legislation writ- members of the executive branch? For there was this program, and yet it went ten by Senator BROWN. Senator GILLI- example, I would argue that if there forward. And because there is no rule BRAND has a similar bill as well, and I are conflict of interest issues or allega- that personal mortgages be shown on want to explain to our colleagues what tions of a sweetheart deal for mort- the disclosure form, this was quite a the state of the current law is, which I gages that might be revealed by this shock when it all came out. What we think would be helpful. disclosure, that that would apply are saying is we want to improve the Under the Ethics in Government Act equally to, say, Treasury officials—in disclosure requirement on home mort- of 1978, there is an exemption from dis- fact, even more so to Treasury officials gages. closure for mortgages secured by real or bank regulators—as it would Mem- Right now, if it is at your own per- property that are the personal resi- bers of Congress. sonal home, you don’t have to show the dence of the reporting individual or his I wonder if the Senator’s intent is to mortgage, and this would correct that. spouse. make sure that Members are not get- It would mean that you have to show Under the liabilities section of that ting sweetheart deals on their mort- the date the mortgage was entered, the same report, which we now file annu- gages—which obviously no Member balance, and a range, the interest rate, ally, liabilities in excess of $10,000 must should be receiving a sweetheart deal the terms, the name and address of the be reported that are owed by the Mem- on a mortgage—why that same logic creditor. So it is an omission—but ac- ber, the spouse, or the dependent child would not apply to executive branch of- tually it is a pretty glaring omission— to any one creditor during any time ficials, particularly since arguably in our financial disclosure require- during the reporting period. Credit they have far more direct influence and ments because, again, of the Country- card debts, for example, are reported. jurisdiction and regulatory authority wide example. We don’t want to have a Other kinds of loans are reported. over financial institutions than do situation—because we are not allowed Mortgages held on investment prop- Members of Congress. to get better treatment than anyone erties—properties, for example, that The PRESIDING OFFICER. The Sen- else. And the fact that we didn’t dis- are rented—are reported. The exemp- ator from California. close these mortgages—it was quite a tion only goes to the personal resi- Mrs. BOXER. Mr. President, I would story when it came to light that there dence of the Member and/or the Mem- be happy to go on as a cosponsor to was this special VIP program at Coun- ber’s spouse. Senator COLLINS if she wants to take trywide. So this legislation, this I am unclear, and need to get clari- on the additional burden of moving amendment, addresses this omission. It fication from Senator BOXER and also this idea forward. I don’t have any requires Members of Congress to make the Office of Government Ethics, problem with it. a full and complete disclosure of all the whether her amendment would extend The point is, I am here—and I have mortgages on their personal residences. the new disclosure requirement that been very open about it because I know Again, right now this requirement is she is proposing to executive branch what I am talking about when it comes in place for mortgages that you may employees or whether it would only to Members of Congress, because as have on investment properties but not apply to the legislative branch. As I chair of the Ethics Committee, I don’t on your personal properties. It would read her amendment, it looks as oversee Treasury. This is not my role, include Members of Congress and their though it only applies to the legisla- this is not my expertise, and I am very spouses as well. tive branch and perhaps only to Mem- humble about that. I did see what hap- In his State of the Union Address, the bers. pened here, along with, I would say, President spoke about the deficit of I would ask, through the Chair, if the every member of the Ethics Committee trust between Washington and the rest Senator from California could clarify and Senator ISAKSON. of the country. I don’t know that this for me—this is truly an informational This is a bipartisan amendment and amendment is going to cure all those question—whether she is intending this we know what we are talking about, problems, but I do think it shows that new requirement to apply to congres- and we are saying there was a problem we are ready to learn from a bad expe- sional staff and whether she is intend- and Members of Congress were courted rience, which was the Countrywide ex- ing this new requirement to apply to by Countrywide. Did they court other perience. So I think the Boxer-Isakson executive branch members who are cur- people? I don’t know. But if there is

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My understanding, and I hope was changed to make very clear that how to fix this. I know we have made a to stand corrected by the Senator from the insider trading prohibition applied big mistake, and I feel it is our job to Maine, if I am wrong, and the Senator to the executive branch and that exec- clean up our own business. And our from New York, that the whole idea be- utive branch members have a duty to own business, when it comes to this, is hind the STOCK Act, the bill written their agencies, to the government. We not good. by Senator GILLIBRAND and the bill make that explicit. That was changed Would I wish to look over at what written by Senator BROWN, did not deal in committee. the Bush administration did or what with the executive branch. I thought The Senator is not correct that the the Obama administration is doing or the whole notion behind this was for us bill that was brought to the floor only what other administrations will do? I to clean up our act. Clean up our act applied to Congress. It does not. It ap- am happy to do that. But I am here to over here. That is the best way to pro- plies to the executive branch. address our house—our house. Clean it ceed. The second point I will make is this up. Act as a role model. I have no problem if my colleague is not a partisan issue. We have bills on I do not have any problem with sup- wants to write an amendment, she her- both sides of the aisle. We have amend- porting another piece of legislation. self, on this particular issue. If she can ments on both sides of the aisle. In- Maybe there is a problem over there. I, make the case that it has been shown deed, we have disclosure amendments frankly, do not know what their ethics that VIP loans were given to members that apply to the executive branch rules are. I know what our ethics rules of the executive branch—whether coming from both sides of the aisle. are, and I know we have made a glaring under George Bush or Barack Obama— Senator WYDEN has a disclosure omission when Members may have and I think in the years she is looking amendment that is similar to that of three, four, five, six, seven houses; they at it would have been under Bush, but Senator SHELBY’s. We are working with may have two, three, four, five, six those are the years the Countrywide both of those offices right now to try mortgages and they never have to show scandal took place—if my friend has to work those out. them. Let’s clean it up. absolute information for me that shows I do not know how this all of a sud- If my friend believes there is need for that members of the Bush administra- den became a partisan debate or a de- another amendment, I am happy to tion or the Obama administration got bate about the Bush administration or look at it. But Senator ISAKSON and I special treatment from the Country- anything. This is a debate about good are doing something we have long wide scandal, I would like to know government and how we can best as- wanted to do. This is not something we about it. I do not know anything about sure the American people that, regard- just made up. We have had a bill for a that at this time. less of whether public officials are in long time doing exactly this. This is a If my friend believes it would be a the executive branch or the legislative moment we would like to get it done. good thing to do, to offer a separate I yield the floor. branch, they are putting the public’s The PRESIDING OFFICER. The Sen- amendment covering certain members interests ahead of their private inter- ator from Maine. of the executive branch, I am happy to ests and that they are not profiting Ms. COLLINS. Mr. President, the rea- look at it. But it strikes me as bizarre from insider information, nonpublic in- son I am raising this issue—I realize that this has become an issue. It formation that is not available to the the Senator from California has not sounds like what is going on from the public which they are using inappropri- had the misfortune I have had, of being Republican side is all of a sudden they ately—if, in fact, that is even hap- constantly on the floor listening to the want to turn attention over to the ex- pening—for personal gain. debate on this bill—but a major issue ecutive branch rather than focus it on I did wish to clarify that the bill, as we have been grappling with is parity us—which I think is critical. But I am reported from committee, does apply in the rules. This issue has not just happy to look at any amendment that to the executive branch as well as the come up with regard to the amendment deals with abuses the Senator can show legislative branch, that the statement of the Senator from California, it has me were occurring over on the execu- made by the Senator was inaccurate in come up over and over. tive branch side during those years that regard, and that we have amend- I am not in any way singling out the that Countrywide was doing its dam- ments on both sides of the aisle that Senator from California to raise this age. I would be happy to support an we are working on right now to extend issue. This has come up on every single amendment. But I think we should the disclosure requirements, the re- issue we have been tackling on the keep this amendment clean. I think porting requirements to the executive floor, which is, if we are going to have this amendment should be clean be- branch. Those are amendments coming more disclosure for the legislative cause we are looking at a particular from both Democrats and Republicans. branch, should we not have the exact ethics rule and we are essentially cut- I would like to yield at this point to same or comparable disclosures for ting out a loophole which has allowed the Senator from Massachusetts. high-ranking executive branch offi- colleagues to not have to list their per- Mrs. BOXER. Mr. President, if I can cials? sonal residences when, in fact, we know respond? The issue I raised, I wish to assure some of them got special treatment. The PRESIDING OFFICER. The Sen- the Senator from California, is no I yield the floor. ator from Maine has the floor. means unique to her amendment. It The PRESIDING OFFICER. The Sen- Mrs. BOXER. The Senator can’t has come up over and over and, indeed, ator from Maine. yield—I would like to have the floor the first amendment that we were sup- Ms. COLLINS. Mr. President, first, now. She can’t yield to another col- posed to have voted on last night was let me make the point to the Senator league except if it is for a question. I an amendment by Senator PAUL, mak- from California, I am a cosponsor of would like to have the floor since the ing clear that this bill applied to the the STOCK Act. I cosponsored Senator Senator just said I was incorrect. I executive branch and then Senator BROWN’s bill, so it is not that I do not would like to correct her, if I might. SHELBY had an amendment to make think legislation is needed in this area. The PRESIDING OFFICER. The Sen- sure there was online disclosure by the I am a cosponsor on this bill and have ator from California. executive branch. commended him for his work. But the Mrs. BOXER. What I said was, when This is an issue that has permeated fact remains that in our committee these bills were introduced, they were the entire debate on the STOCK Act. It markup the bill was changed. directed at the Congress. That is what

VerDate Sep 11 2014 12:06 Feb 23, 2017 Jkt 019102 PO 00000 Frm 00015 Fmt 0686 Sfmt 0634 E:\BR12\S01FE2.000 S01FE2 rmajette on DSK2TPTVN1PROD with BOUND RECORD February 1, 2012 CONGRESSIONAL RECORD—SENATE, Vol. 158, Pt. 1 567 I said. I talked about the bills. I did not Ms. COLLINS. Mr. President, I do not we have offered an amendment that talk about what went on amending know why the Senator from California, cures a very simple problem; that eth- them, et cetera. I will repeat what I first of all, is assuming I am somehow ics rules, as they are today, allow Sen- said was accurate. Both Mr. BROWN’s opposed to her amendment. I have not ators and Members of Congress to bill and Mrs. GILLIBRAND’s bill were, in said that. What I raised was a very le- avoid showing the mortgages they hold fact, talking about the Congress. gitimate question of asking whether on personal residences. If the same What I would also like to say is if my she had considered extending it to the thing exists in the executive branch, I colleague wants bipartisanship, she executive branch. don’t know about that. I am dealing should be happy with this amendment Then her response seems to be an at- with an amendment here and so is Sen- since it is coming from Senators BOXER tack; that if I have information that ator ISAKSON, that we know about. and ISAKSON, the chairman and the vice there are problems and sweetheart If the Senator asks again why our chairman of the Ethics Committee. deals in the executive branch, I should amendment is narrow, let me again an- We did not investigate the executive prove them. swer it in another way: We are curing branch and Countrywide’s going after I am not making allegations. I do not a narrow problem but a problem that the people in the Bush administration make unsubstantiated allegations exists. We are not throwing out some and the Obama administration. We do against individuals. What I was trying big fishing net to catch everybody in it not have that information. If she has to tell the Senator from California is whom we don’t know about. We think information that shows there have that the issue of the scope and applica- this will make the Congress a better been sweetheart deals over there, I cer- bility of this bill has come up over and place. We do. Because there are Mem- tainly want to know about it. As I said, over. It came up in committee. We bers who have two, three, four, and five if my colleague wants to offer a first- changed the bill in committee to make homes. They may have two, three, degree amendment that broadens this, it clear that the prohibition against in- four, and five mortgages, and we think I am happy to look at it. Because if it sider trading and a duty applied to the it is important for the public to know can be shown to me that there have executive branch as well as to the leg- that. been abuses over there, from the mort- islative branch. But, again, I hope my colleague from gage companies going after these folks I have not criticized her amendment Maine supports this. I don’t know if over there, I am happy to agree to in any way. I asked a series of ques- she does. that. I would have to take it to Sen- tions about the scope of her amend- She doesn’t oppose it. That is a good ator ISAKSON because he is, in fact, the ment because this issue has come up start. I hope she supports it. If she feels coauthor. Also, I have to point out that repeatedly, on both sides of the aisle. It she can make it stronger, she should this same amendment I offered was put came up in committee during our offer a first-degree amendment, let me forward in a bill by Senator CORNYN in markup. It has come up on the Senate take a look at it, let me see whether it 2008. So there is a lot of interest on floor repeatedly as far as what the dis- is necessary, and let me see whether this. closure requirements should be and to there is reason to do it. I can surely I am a person who likes to know whom they should apply. tell her I am very open to broadening what I am talking about. I try very I am the one who is baffled by the re- it, but the reason it is crafted the way hard. I do not know if there has been sponse of the Senator from California, it is is that it is dealing with a problem abuse from the mortgage companies since I have not indicated any opposi- we are not guessing exists; we know it over to the executive branch. But I tion whatsoever to her amendment. exists where there have been abuses be- know for sure there has been a big I have merely brought up the fact fore and we are trying to cure that problem here with colleagues getting that the issue of the scope of this bill problem. sweetheart deals. I want to put an end has come up repeatedly, so I was curi- I thank the Senator for her patience. to it. ous why she chose to have such a nar- I yield the floor. If my colleague wants to strengthen row bill rather than applying it to ex- The PRESIDING OFFICER. The Sen- my amendment, she can offer a second- ecutive branch officials who filed the ator from Massachusetts. degree amendment. If she can prove to same kinds of disclosure. Mr. BROWN of Massachusetts. Mr. me that there has been abuse and there The PRESIDING OFFICER. The Sen- President, I enjoyed that back and has been a problem and there is not ator from California. forth debate very much. I appreciate enough protection, I am happy to sup- Ms. BOXER. Mr. President, we can go the spirit in which that amendment port it. But I guess I am a little taken back and forth 100 ways to Sunday. I was offered. I wrote the original bill. It aback as I come here in a bipartisan thought I explained exactly why Sen- was my bill and Senator GILLIBRAND spirit to offer a bipartisan amendment, ator ISAKSON and I have a narrow bill. then filed a bill. We went through the I have kind of been the subject of some We are trying to fix a problem we know committee process, and the original in- weird sort of attack for not going far exists. We feel very strongly that for tent of the bill was to deal with insider enough with my amendment. I find it the good of the Senate, in particular— trading. It applied to all Federal em- bizarre, to be totally frank, and I will because this is the body we serve in. ployees, not just congressional, so it is continue to stay on the floor until I We love it. We want to make it strong an insider trading bill. understand what this is all about. and appreciated and not derided. We The spirit of what we have been try- Maybe I have nothing to do with it. If had a scandal that touched this body ing to do over the last day and a half is I said something wrong, I would like to and we had a thorough investigation. It to address issues equally so as to elimi- know what it is. But I am offering, in took a long time to get to the bottom nate all appearances of impropriety good faith, a bipartisan amendment of it. We uncovered the fact that Coun- and for any branch of government to that is a no-brainer, that comes trywide had a sweetheart deal and they not play by the same rules as the straight out of the Countrywide scan- were aiming it at Members of Congress. American people would play by. So dal that we studied in a bipartisan We have crafted this amendment to every single amendment that has come way, in Congress, and we are moving to respond to what we know is a problem. through this Chamber right now has correct the problems we know exist. I am not in the business of coming not only been expanded to cover, obvi- If there are more problems out there down here and legislating on things ously, those in the Senate and the and if my friend has proof of that, if that I might guess are a problem or, House of Representatives but also she can prove it to us, I am happy to gee, maybe I can throw out a fishing equally to the executive branch. support a first-degree amendment to net and catch everybody in it. If there So if this amendment is going to this amendment. is a problem elsewhere, I am happy to have any chance of passing, I can as- I yield the floor. support my colleague if she would like sure you I will not support it unless it The PRESIDING OFFICER. The Sen- to broaden this. I am not against it. I specifically also applies to the execu- ator from Maine. am saying for me and Senator ISAKSON, tive branch. If she wants to amend it or

VerDate Sep 11 2014 12:06 Feb 23, 2017 Jkt 019102 PO 00000 Frm 00016 Fmt 0686 Sfmt 0634 E:\BR12\S01FE2.000 S01FE2 rmajette on DSK2TPTVN1PROD with BOUND RECORD 568 CONGRESSIONAL RECORD—SENATE, Vol. 158, Pt. 1 February 1, 2012 modify it to include that, then it will SEC. lll. SMALL COMPANY CAPITAL FORMA- ations, its financial condition, its corporate have a good chance of passing; if not, I TION ACT OF 2012. governance principles, its use of investor (a) SHORT TITLE.—This section may be will do my best to prohibit it because funds, and other appropriate matters, and cited as the ‘‘Small Company Capital Forma- also may provide for the suspension and ter- it needs to be applied to everybody. For tion Act of 2012’’. us to come and say we need to come up mination of such a requirement with respect (b) AUTHORITY TO EXEMPT CERTAIN SECURI- to that issuer. TIES.— with proof that somebody is doing ‘‘(E) ADJUSTMENT.—Not later than 2 years something or not doing something—lis- (1) IN GENERAL.—Section 3(b) of the Securi- after the date of enactment of the Small ties Act of 1933 (15 U.S.C. 77c(b)) is amend- ten, it is no different than what we are Company Capital Formation Act of 2011 and ed— trying to do on the insider trading bill. every 2 years thereafter, the Commission (A) by striking ‘‘(b) The Commission’’ and There is no one who has been brought shall review the offering amount limitation inserting the following: described in paragraph (2)(A) and shall in- to court and found criminally respon- ‘‘(2) ADDITIONAL EXEMPTIONS.— crease such amount as the Commission de- sible. We are dealing on inference and ‘‘(A) SMALL ISSUES EXEMPTIVE AUTHORITY.— termines appropriate. If the Commission de- reference and innuendo. That is why we The Commission’’; and termines not to increase such amount, it are trying to reestablish the trust with (B) by adding at the end the following: shall report to the Committee on Financial the American people to do something ‘‘(B) ADDITIONAL ISSUES.—The Commission Services of the House of Representatives and shall by rule or regulation add a class of se- that would not traditionally have been the Committee on Banking, Housing, and done but not for a 60-minute speech. So curities to the securities exempted pursuant to this section in accordance with the fol- Urban Affairs of the Senate on its reasons if we knew something was happening in for not increasing the amount.’’. the mortgage industry, great, let’s let lowing terms and conditions: ‘‘(i) The aggregate offering amount of all (2) TREATMENT AS COVERED SECURITIES FOR it apply across the board and not ex- securities offered and sold within the prior PURPOSES OF NSMIA.—Section 18(b)(4) of the clude a group of Federal employees for 12-month period in reliance on the exemp- Securities Act of 1933 (15 U.S.C. 77r(b)(4)) is some particular political reason. tion added in accordance with this paragraph amended— Once again, if she wants to amend it, shall not exceed $50,000,000. (A) in subparagraph (C), by striking ‘‘; or’’ great. If not, I am going to do my best ‘‘(ii) The securities may be offered and sold at the end and inserting a semicolon; and to make it amended so we can have it publicly. (B) by redesignating subparagraph (D) as ‘‘(iii) The securities shall not be restricted subparagraph (E), and inserting after sub- apply equally if we are going to ulti- paragraph (C) the following: mately take it up. securities within the meaning of the Federal securities laws and the regulations promul- ‘‘(d) a rule or regulation adopted pursuant The PRESIDING OFFICER. The Sen- to section 3(b)(2) and such security is— ator from Alaska. gated thereunder. ‘‘(iv) The civil liability provision in section ‘‘(I) offered or sold on a national securities Mr. BEGICH. Thank you, Mr. Presi- 12(a)(2) shall apply to any person offering or exchange; or dent. I also enjoyed this debate. I agree selling such securities. ‘‘(II) offered or sold to a qualified pur- with Senator BROWN. It is a form they ‘‘(v) The issuer may solicit interest in the chaser as defined by the Commission pursu- already fill out now. We just have to offering prior to filing any offering state- ant to paragraph (3) with respect to that pur- add one other line. It is not comment, on such terms and conditions as the chase or sale.’’. plicated. I think it is a good idea. I will Commission may prescribe in the public in- (3) CONFORMING AMENDMENT.—Section 4(5) leave it at that. terest or for the protection of investors. of the Securities Act of 1933 is amended by I ask unanimous consent to speak in ‘‘(vi) The Commission shall require the striking ‘‘section 3(b)’’ and inserting ‘‘sec- issuer to file audited financial statements tion 3(b)(1)’’. morning business about the STOP Act. (c) STUDY ON THE IMPACT OF STATE BLUE The PRESIDING OFFICER. Without with the Commission annually. ‘‘(vii) Such other terms, conditions, or re- SKY LAWS ON REGULATION A OFFERINGS.—Not objection, it is so ordered. quirements as the Commission may deter- later than 3 months after the date of enact- (The remarks of Mr. BEGICH per- mine necessary in the public interest and for ment of this Act, the Comptroller General taining to the introduction of S. 2054 the protection of investors, which may in- shall— are printed in today’s RECORD under clude— (1) conduct a study on the impact of State ‘‘Statements on Introduced Bills and ‘‘(I) a requirement that the issuer prepare laws regulating securities offerings (com- Joint Resolutions.’’) and electronically file with the Commission monly referred to as ‘‘Blue Sky laws’’) on of- Mr. BEGICH. Mr. President, I yield and distribute to prospective investors an offerings made under Regulation A (17 C.F.R. the floor. fering statement, and any related docu- 230.251 et seq.); and The PRESIDING OFFICER. The Sen- ments, in such form and with such content (A) transmit a report on the findings of the as prescribed by the Commission, including study to the Committee on Financial Serv- ator from Montana. ices of the House of Representatives and the Mr. TESTER. Mr. President, I wish audited financial statements and a description of the issuer’s business operations, its Committee on Banking, Housing, and Urban to thank the Senator from Alaska for financial condition, its corporate governance Affairs of the Senate. his explanation of what has been going principles, its use of investor funds, and AMENDMENT NO. 1503 TO AMENDMENT NO. 1470 on as far as executive compensation other appropriate matters; and Mr. TESTER. Mr. President, I ask with FHFA. ‘‘(II) disqualification provisions under that the amendment be set aside, and I AMENDMENT NO. 1492 TO AMENDMENT NO. 1470 which the exemption shall not be available ask unanimous consent to call up Mr. TESTER. Mr. President, I would to the issuer or its predecessors, affiliates, officers, directors, underwriters, or other re- amendment No. 1503. ask the Senate set aside the pending The PRESIDING OFFICER. Without amendment and call up amendment No. lated persons, which shall be substantially similar to the disqualification provisions objection, it is so ordered. 1492. contained in the regulations adopted in ac- The clerk will report. The PRESIDING OFFICER. Is there cordance with section 926 of the Dodd-Frank The legislative clerk read as follows: objection? Without objection, it is so Wall Street Reform and Consumer Protec- The Senator from Montana [Mr. TESTER] ordered. tion Act (15 U.S.C. 77d note). proposes amendment numbered 1503. The clerk will report. ‘‘(C) LIMITATION.—Only the following types Mr. TESTER. Mr. President, I ask The legislative clerk read as follows: of securities may be exempted under a rule unanimous consent that the reading of The Senator from Montana [Mr. TESTER] or regulation adopted pursuant to paragraph the amendment be dispensed with. (2): equity securities, debt securities, and proposes amendment numbered 1492. The PRESIDING OFFICER. Without Mr. TESTER. Mr. President, I ask debt securities convertible or exchangeable to equity interests, including any guarantees objection, it is so ordered. unanimous consent that the reading of The amendment is as follows: the amendment be dispensed with. of such securities. ‘‘(D) PERIODIC DISCLOSURES.—Upon such (Purpose: To require Senate candidates to The PRESIDING OFFICER. Without terms and conditions as the Commission de- file designations, statements, and reports objection, it is so ordered. termines necessary in the public interest and in electronic form) The amendment is as follows: for the protection of investors, the Commis- At the end, add the following: (Purpose: To amend the Securities Act of sion by rule or regulation may require an SEC. ll. FILING BY SENATE CANDIDATES WITH 1933 to require the Securities and Exchange issuer of a class of securities exempted under COMMISSION. Commission to exempt a certain class of paragraph (2) to make available to investors Section 302(g) of the Federal Election Cam- securities from such Act) and file with the Commission periodic disclo- paign Act of 1971 (2 U.S.C. 432(g)) is amended At the end, insert the following: sures regarding the issuer, its business oper- to read as follows:

VerDate Sep 11 2014 12:06 Feb 23, 2017 Jkt 019102 PO 00000 Frm 00017 Fmt 0686 Sfmt 0634 E:\BR12\S01FE2.000 S01FE2 rmajette on DSK2TPTVN1PROD with BOUND RECORD February 1, 2012 CONGRESSIONAL RECORD—SENATE, Vol. 158, Pt. 1 569 ‘‘(g) FILING WITH THE COMMISSION.—All des- preciate, and I wish to thank, the Re- the President’s call. They will agree. ignations, statements, and reports required publican manager of the STOCK Act, They will vote to repeal the CLASS to be filed under this Act shall be filed with Senator COLLINS, for being a supporter Act—a program that is the perfect ex- the Commission.’’. of that original bill. ample of phony financial profits. Mr. TESTER. Mr. President, I also We have an opportunity to do some- Let me explain further. President ask unanimous consent to be recog- thing that cuts government spending Obama’s health care law established nized to speak on this amendment for and adds more transparency and ac- the CLASS Act—a brandnew Federal up to 5 minutes. countability to the elections process. I long-term care entitlement program. The PRESIDING OFFICER. The Sen- urge all of my colleagues to support CLASS pays a stipend to individuals ator is recognized. this amendment. enrolled when they are unable to per- Mr. TESTER. Mr. President, I am With that, I yield the floor and sug- form daily living activities, such as pleased to offer this amendment with gest the absence of a quorum. dressing, bathing, and eating. The issue Senator COCHRAN and ask unanimous The PRESIDING OFFICER. The is that to qualify for the CLASS ben- consent that he be added as a cospon- clerk will call the roll. efit, an individual would have to pay a sor. The legislative clerk proceeded to monthly premium for 5 years before The PRESIDING OFFICER. Without call the roll. the Federal Government starts to pay objection, it is so ordered. Mr. LIEBERMAN. Mr. President, I out any benefits. Well, that sounds Mr. TESTER. This is a straight- ask unanimous consent that the order great, but not so fast. It turns out that forward amendment. It simply requires for the quorum call be rescinded. the math for the program doesn’t add candidates for the Senate, both chal- The PRESIDING OFFICER (Mr. up and it will not work. lengers and incumbents, file their quar- MERKLEY). Without objection, it is so The worst part about it is that the terly campaign finance reports elec- ordered. administration has known from the tronically. Anyone seeking the Presi- Mr. LIEBERMAN. Mr. President, for very beginning that this CLASS Pro- dency or a spot in the U.S. House of the information of our colleagues, program—and the President’s entire Representatives is required to submit ductive work is going on to try to health care law—was built on phony fi- campaign finance records electroni- reach a final list of amendments for nancial profits. Specifically, the cally right now, but Senators or would- the STOCK Act and to have an agree- Obama administration hid behind a be Senators are not. It makes no sense. ment which will come up for a vote, Congressional Budget Office estimate Right now, Senate candidates drop and to have that obviously by a bipar- showing that this program would re- off a hard copy of their filing report tisan agreement. We are making duce the deficit by $70 billion over a 10- with the Secretary of the Senate. progress. I hope we can continue to do year period. These savings are entirely Someone from the FEC comes over and that. mythical, and they come from pre- then takes the reports over to the FEC ORDER FOR RECESS miums collected over the first 5 years. to make copies, and then, finally, the I ask unanimous consent that the During that time, the program isn’t re- copies are put online. Senate recess from 4 to 5 p.m. so that quired or even allowed to pay out indi- These documents often run hundreds all Senators can attend a classified vidual benefits. Over its first 10 years, of pages in length. The FEC estimates briefing. this program, the Congressional Budg- it wastes about $250,000 of taxpayer The PRESIDING OFFICER. Without et Office estimated, would collect $83 money each year just to make those objection, it is so ordered. billion in premiums but would only pay copies and put them online. Now, that Mr. LIEBERMAN. Mr. President, I out $13 billion in benefits. But then in- might not sound like a lot of money in suggest the absence of a quorum. stead of holding on to the $70 billion in Washington, DC, but the idea of spend- The PRESIDING OFFICER. The excess premiums collected to pay out ing $1/4 million on an outdated process clerk will call the roll. future expenses, the Washington Demo- represents what is wrong with Wash- The assistant legislative clerk pro- crats used it as an accounting gim- ington, DC. ceeded to call the roll. mick, a budgetary trick to pay for the Americans deserve to know how Mr. BARRASSO. Mr. President, I ask President’s health care law. Adding in- much money candidates raise and from unanimous consent that the order for sult to injury, Washington Democrats whom, and they deserve to be able to the quorum call be rescinded. then tried to claim that the same $70 access that information in real time. The PRESIDING OFFICER. Without billion could also be used to pay down It is not just the cost of the current objection, it is so ordered. the deficit. Talk about phony financial process that folks should be angry Mr. BARRASSO. Mr. President, I ask profits. This is the very practice used about. The process of making copies unanimous consent to speak as in by the President that the President and posting the documents online morning business. now objects to. The good news is that the adminis- takes weeks. That is not just a waste of The PRESIDING OFFICER. Without tration finally admitted late last year time, it is bad for the democratic proc- objection, it is so ordered. that the CLASS Act was a complete ess. A SECOND OPINION failure and they could not make it Campaign finance data filed right be- Mr. BARRASSO. Mr. President, I work. The bad news is that the phony fore a general election is not available come to the floor, as I do week after financial profits continue. to the public until the following Feb- week, as a physician who practiced Just because the program won’t go ruary, long after the election has al- medicine in Wyoming for a quarter of a forward doesn’t mean that the costs of ready taken place. century to give a doctor’s second opin- the President’s health care law don’t Since the Citizens United ruling, ion about the health care law. go forward, because they do. Now the folks aren’t able to tell who is funding I was thinking last week, while sit- American people are stuck with the third-party advertisements. It is hard ting in the House Chamber when the bill, and it is a much more expensive enough to know who is spending the President was giving his State of the bill than the one they had been prom- money on third-party advertisements. Union Address, about something he ised and the one they had expected. In The least we can do is to make sure said. He said: fact, just yesterday, the nonpartisan that folks have better access to the in- We will not go back to an economy weak- Congressional Budget Office reported formation about who is giving to the ened by outsourcing, bad debt, and phony fi- that the health care law is now likely candidates. nancial profits. to cost $54 billion more than expected My bill from the last Congress had Repeating, he promised not to go between 2012 and 2021. strong bipartisan support—14 Demo- back to an economy weakened by As Politico says: crats, 6 Republicans, and 5 of the co- phony financial profits. That is why The big change that makes the law more sponsors are members of the Homeland today, in the next hour or so, the expensive is the Obama administration’s de- Security Committee. I especially ap- House of Representatives will answer cision not to implement the CLASS Act,

VerDate Sep 11 2014 12:06 Feb 23, 2017 Jkt 019102 PO 00000 Frm 00018 Fmt 0686 Sfmt 0634 E:\BR12\S01FE2.000 S01FE2 rmajette on DSK2TPTVN1PROD with BOUND RECORD 570 CONGRESSIONAL RECORD—SENATE, Vol. 158, Pt. 1 February 1, 2012 which means the government will not collect Mr. CARDIN. Mr. President, I ask of different plantations on Maryland’s $76 billion in premiums over the next 10 unanimous consent that the order for eastern shore, and as a teenager she years. the quorum call be rescinded. was trained to be a seamstress. As an I applaud the House for taking the The PRESIDING OFFICER. Without adult, she took the first name Harriet, lead and voting to repeal the CLASS objection, it is so ordered. and when she was 25 years old she mar- Act. I call on President Obama and my Mr. CARDIN. Mr. President, I ask ried John Tubman. colleagues in the Senate to do exactly unanimous consent to speak as in In her late twenties, Harriet Tubman the same. Senate majority leader morning business. escaped from slavery in 1849. She fled HARRY REID should bring H.R. 1173, the The PRESIDING OFFICER. Without in the dead of night, navigating the Fiscal Responsibility and Retirement objection, it is so ordered. maze of tidal streams and wetlands Security Act, to the Senate floor for a BLACK HISTORY MONTH that to this day comprise the eastern vote. This bill will repeal the CLASS Mr. CARDIN. Mr. President, as we shore’s landscape. She did this alone, Act so that the American people have a start Black History Month, I rise to exercising incredible courage and clear understanding of the cost of the discuss a national hero I have spoken strength. President’s health care law. about many times on the Senate floor. Not satisfied with attaining her own It is time to end the phony financial With this year’s Black History Month freedom, she returned repeatedly for profits in the President’s health care focused on African-American women, it more than 10 years to the places of her law that continue to burden our econ- is all the more appropriate for me to enslavement in Dorchester and Caro- omy and our Nation. It is time to fi- talk about Maryland’s Harriet Ross line Counties, where under the most nally find out if the President truly Tubman and her dedication to justice, adverse conditions she led away many does believe in fairness because if he equality, and service to this country. family members and other slaves to does, he will repeal the CLASS Act and In my career, I have spoken on the freedom in the Northeastern United make it clear that he has the same ac- Senate floor, at events in Maryland, in States. counting standards for Washington as meetings with constituents, and with She helped develop a complex net- he has for the private sector. Wash- my colleagues about Harriet Tubman’s work of safe houses and recruited abo- ington should not be able to cook the legacy. While I hope each opportunity I litionist sympathizers residing along books and to make the President’s have taken to discuss the life of this secret routes connecting the southern health care law look more financially remarkable woman helps raise the slave States and the northern free sound than it really is. awareness about her importance to the States. No one knows exactly how The American people are sick of history of our great Nation, my ulti- many people she led to freedom or the phony financial profits, and they are mate goal is to properly commemorate number of trips between the North and demanding fairness in the public sector her life and her work by establishing South she led, but the legend of her as well as the private sector. That is the Harriet Tubman Underground Rail- work was an inspiration to the mul- why I will continue to come to the road National Historical Park on the titude of slaves seeking freedom and to floor and fight each and every day to eastern shore of Maryland, and, in abolitionists fighting to end slavery. repeal and replace the President’s bro- working with my colleagues from New Tubman became known as ‘‘the ken health care law—replace it with a York, to establish the Harriet Tubman Moses of her people’’ by African Ameri- patient-centered plan, a plan that al- National Historical Park in Auburn, cans and White abolitionists alike. She lows Americans to get the care they NY. is the most famous and the most im- need from a doctor they want at a price A year ago this week, I reintroduced portant conductor of the network of re- they can afford. the Harriet Tubman National Histor- sistance known as the Underground Mr. President, I yield the floor and ical Park and the Harriet Tubman Un- Railroad. suggest the absence of a quorum. derground Railroad National Historical During the Civil War, Tubman served The PRESIDING OFFICER. The Park Act with Senators SCHUMER, MI- the Union forces as a spy, a scout, and clerk will call the roll. KULSKI, and GILLIBRAND as original co- a nurse. She served in Virginia, Flor- The assistant bill clerk proceeded to sponsors. I am happy to say since that ida, and South Carolina. She is cred- call the roll. time the Senate Energy and Natural ited with leading slaves from those Mr. BARRASSO. Mr. President, I ask Resources Committees held a positive slave States to freedom during those unanimous consent that the order for hearing on the bill, the Energy Com- years as well. the quorum call be rescinded. mittee favorably reported the bill, and Following the Civil War and the The PRESIDING OFFICER. Without it has been placed on the Senate cal- emancipation of all Black slaves, Tub- objection, it is so ordered. endar. I thank my colleagues on the man settled in Auburn, NY. There she f committee for their support, particu- was active in the women’s suffrage larly Chairman BINGAMAN and Ranking movement and established one of the RECESS Member MURKOWSKI, and the chairman first incorporated African-American Mr. BARRASSO. Mr. President, I ask of the National Park Subcommittee, homes for the aged to care for the el- unanimous consent that the Senate re- Senator UDALL of Colorado. derly. In 1903, she bequeathed the Tub- cess at this time under the previous The establishment of the Harriet man Home to the African Methodist order. Tubman Historical Park has been years Episcopal Zion Church in Auburn There being no objection, the Senate, in the making and is long overdue. The where it stands to this day. Harriet at 3:59 p.m., recessed until 5 p.m. and mission of the National Park Service Tubman died in Auburn in 1913, and she reassembled when called to order by has evolved over time, from preserving is buried in Fort Hill Cemetery. the Presiding Officer (Mr. WHITE- our natural wonders across the United Fortunately, many of the structures HOUSE). States for recreational purposes to and landmarks in New York remain in- f commemorating unique places of sig- tact and in relatively good condition. nificance to historical events and ex- Only recently has the Park Service STOP TRADING ON CONGRES- traordinary Americans who have begun establishing units dedicated to SIONAL KNOWLEDGE ACT—Con- shaped our Nation. the lives of African Americans. Places tinued The woman who is known to us as such as the Booker T. Washington Na- Mr. CARDIN. Mr. President, I suggest Harriet Tubman was born in approxi- tional Monument on the campus of the absence of a quorum. mately 1822 in Dorchester County, MD, Tuskegee University in Alabama, the The PRESIDING OFFICER. The and given the name Araminta— George Washington Carver National clerk will call the roll. Minty—Ross. She spent nearly 30 years Monument in Missouri, the Buffalo The assistant legislative clerk proof her life in slavery on Maryland’s Soldiers at Guadalupe Mountains Na- ceeded to call the roll. eastern shore. She worked on a number tional Park, the National Historical

VerDate Sep 11 2014 12:06 Feb 23, 2017 Jkt 019102 PO 00000 Frm 00019 Fmt 0686 Sfmt 0634 E:\BR12\S01FE2.000 S01FE2 rmajette on DSK2TPTVN1PROD with BOUND RECORD February 1, 2012 CONGRESSIONAL RECORD—SENATE, Vol. 158, Pt. 1 571 Trail commemorating the march for As I mentioned, the landscapes of the our National Historical Parks and gain voting rights from Selma to Mont- Eastern Shore of Maryland, however, experiences and knowledge about our gomery, AL, and, most recently, the remain similar to the time Tubman Nation’s history that simply cannot be Martin Luther King Jr. Memorial on lived there. Farm fields and forests dot found in history books or on Wikipedia. The National Mall. the lowland landscape, which is also Our Nation’s strength and character These are all important monuments notable for the extensive network of comes from the actions of the Ameri- and places of historical significance tidal rivers and wetlands that Tubman, cans who came before us and the sig- that help tell the story of the African- and the people she guided to freedom, nificant events that shaped our Nation. American experience. would have traveled under the cover of The National Park Service is engaged As the National Park Service con- night. in the important work of preserving tinues its important work to recognize In particular, a number of prop- where American history has taken and preserve African-American history erties—including the homestead of Ben place and providing a tangible experi- by providing greater public access and Ross, her father, Stewart’s Canal, ence for all people to learn from. information about the places and peo- where he worked, the Brodess Farm, It is one thing to learn about Harriet ple that have shaped the African-Amer- where she worked as a slave, and oth- Tubman from a book, it is a completely ican experience, there are very few ers are within the master plan bound- different and fulfilling experience to units dedicated to the lives of African- aries of the Blackwater National Wild- explore, to see, to listen, and to feel American women, and there is no na- life Refuge. the places where she worked as a slave, tional historical park commemorating Similarly, Poplar Neck, the planta- where she escaped from, and where she African-American women. tion from which she escaped to free- lived her days as a free American. I cannot think of a more fitting hero dom, is still largely intact in Caroline The National Park Service is unique- than Harriet Tubman to be the first Af- County. The properties in Talbot Coun- ly suited to honoring and preserving rican-American woman to be memori- ty, immediately across the Choptank these places of historical significance, alized with a national historical park River from the plantation, are cur- and I urge my colleagues to join me in that tells her story and her fight rently protected by various conserva- preserving and growing the legacy of against institutions of slavery and the tion easements. Harriet Tubman by establishing the work on the Underground Railroad. I Were she alive today, Tubman would Harriet Tubman National Historical hope my colleagues will support my ef- recognize much of the landscape that Parks in her honor. fort to honor Harriet Tubman and sup- she knew intimately as she secretly led Mr. President, I yield the floor. port the passage of my bill to authorize black men, women and children to free- The PRESIDING OFFICER. The sen- the creation of the Tubman National dom. ior Senator from Rhode Island. Historical Parks in New York and There has never been any doubt that REMEMBERING J. JOSEPH GARRAHY Maryland. Tubman led an extraordinary life. Her Mr. REED. Mr. President, I rise Let me just point out that the landscapes in which she lived still exist contributions to American history are today to join with my colleague and today, and that will be an incredible surpassed by few. Determining the friend from Rhode Island to pay tribute part of the national park that can tell most appropriate way to recognize that to former Rhode Island Governor J. Jo- the story, particularly to young people, life and her contributions, however, seph Garrahy, who passed away last about the courage of this extraordinary has been exceedingly difficult. week at the age of 81. woman. A number of structures exist The National Park Service deter- Joe Garrahy loved Rhode Island, and in Auburn, NY, which complement her mined that designating a Historical in turn the people of Rhode Island life as the conductor of the Under- Park that would include two geo- loved Joe Garrahy. His intelligence, his ground Railroad, as well as her later graphically separate units would be an instinct, and his integrity led our life in helping to advance the rights of appropriate tribute to the life of this State with compassion and courage. He all people. extraordinary American. believed in the people of Rhode Island This is an incredible opportunity for The New York unit would include the and in the virtue of public service. us to honor her with this national park tightly clustered Tubman buildings in More than three decades after he left and to help future generations under- the town of Auburn. The Maryland por- public office, Joe Garrahy remains one stand the history of America and the tion would include large sections of of our most respected and beloved lead- courage of this extraordinary leader landscapes that are representive of ers. A man of the people, the Governor and hero of our Nation, Harriet Tub- Tubman’s time and are historically rel- of Rhode Island, Joe Garrahy, is a man. evant. Rhode Island icon who will be held in Mr. President, these parks will hope- Harriet Tubman was a true American high esteem for generations to come. fully pave the way for the Park Service patriot. She was someone for whom lib- Rhode Islanders lost a friend. We all to develop more National Historical erty and freedom were not just con- lost a good friend. Park commemorating the lives of cepts but values she fought tirelessly John Joseph Garrahy was born in many other important African-Amer- for. She lived those principles and humble circumstances in Providence, ican women in our history. achieved freedom with hundreds of oth- Rhode Island, on November 26, 1930, the The vision for the Tubman National ers. In doing so, she has earned the Na- son of Irish immigrants. He graduated Historical Parks is to preserve the tion’s respect and honor. from La Salle Academy in Providence places significant to the life of Harriet Harriet Tubman is one of many great and attended the University of Buffalo Tubman and tell her story through in- Americans who we honor and celebrate and the University of Rhode Island. terpretative activities and continue to every February during Black History The Governor began his political ca- discover aspects of her life and the ex- Month. reer in 1962 when he was elected to rep- perience of passage along the Under- In schools across the country, Amer- resent Smith Hill in the Rhode Island ground Railroad through archae- ican History curriculums teach our General Assembly. He served as Rhode ological research and discovery. children about Tubman’s courage, con- Island’s Lieutenant Governor from 1969 The buildings and structures in viction, her fight for freedom and her to 1976, and then was elected Governor Maryland have mostly disappeared. contributions to the greatness of our and served from 1977 to 1985. Slaves were forced to live in primitive Nation during a contentious time in After his retirement from public life, buildings even though many slaves U.S. history. Now it is time to add to Governor Garrahy was a business con- were skilled tradesmen who con- Tubman’s legacy by preserving and sultant who championed new economic structed the substantial homes of their commemorating the places representa- development projects and helped exist- owners. Not surprisingly, few of the tive of her extraordinary life. ing businesses that have always been structures associated with the early Every year, millions of school chil- the backbone of our economy in Rhode years of Tubman’s life still stand. dren, as well as millions of adults, visit Island. He never stopped looking for

VerDate Sep 11 2014 12:06 Feb 23, 2017 Jkt 019102 PO 00000 Frm 00020 Fmt 0686 Sfmt 0634 E:\BR12\S01FE2.000 S01FE2 rmajette on DSK2TPTVN1PROD with BOUND RECORD 572 CONGRESSIONAL RECORD—SENATE, Vol. 158, Pt. 1 February 1, 2012 and finding new ways to promote his not about himself but, in particular, erally, Rhode Island was paralyzed. beloved State of Rhode Island. thinking about the most vulnerable You couldn’t move. People were with- As Governor, Joe Garrahy had vision, people in our society. out communication, without elec- initiative, and an incredibly strong He was always a great cheerleader for tricity. But there was one constant work ethic. He possessed the unique Rhode Island. He led the way for the beacon of hope and stability and ability to bring people together to ad- Rhode Island Heritage Commission to strength, and that was Governor Joe dress their needs at the most basic flourish and to publicize and popularize Garrahy. He was the voice who quelled level, while at the same time tackling our State’s unique contributions to the anxiety—the fear, frankly—that the most pressing public policy issues American history and its rich cultural this natural disaster would overwhelm of his time. He was also particularly heritage—a rich ethnic heritage which us. In time of great turmoil, he was gifted in bringing together opposing he was awfully proud of. He was always there. He assured us that help was on sides and would often invite diverse in- a staunch supporter of our tourism in- the way. And in what has become a fa- terests into the room to discuss issues dustry. mous historic relic in the State of and matters of conflict. Because of his He also had a profound respect and Rhode Island, he did it all wearing the integrity, his decency, and his sin- regard for the environment and worked same plaid shirt, it seemed. That plaid cerity, he was more than an honest diligently to clean up pollution in Nar- shirt was a symbol of him: Nothing broker; he was someone people trusted. ragansett Bay and preserve our open fancy; someone you could trust; some- His leadership and his example led spaces. He helped establish the Narra- one you could depend upon; someone Rhode Island with special distinction. gansett Bay Commission, which is one who rolled up his sleeves to get the job He brought people together because of the leading agencies in the State done for the people of Rhode Island to they innately trusted this kind and that treats our waste products and literally, in some cases, save people in wise gentleman. They knew he always makes sure they are not discarded un- a very demanding natural disaster had the interests of the State at heart, treated into the bay. In fact, his ef- through his leadership. He was, as I say not his personal ambition, not his per- forts—with foresight years ago—paved again and again, one of the most de- sonal progress, but the welfare of the the way for one of the largest projects cent individuals I have ever met. He people of Rhode Island. His list of ever completed in the State of Rhode was so kind to me, so understanding, so achievements is long. His many good Island, which now prevents sewage tolerant. And I am not alone. works have made a lasting impression from flowing into our bay unabated. I recall something that was said on our State. He believed government But this was just one of the extraor- about another great American, Frank- could and must do all it can to improve dinary commitments he made to our lin D. Roosevelt. He was in his final po- the lives of its citizens. environment. sition; the cortege was going down He was elected Governor after the He was always looking to bring busi- Pennsylvania Avenue. There was an in- Navy decided to close Quonset Point— nesses to Rhode Island—high-tech busi- dividual by the side of the road who which was a premier naval air station nesses, along with businesses that was weeping, literally. A reporter went in Rhode Island, a major employer and would provide people the chance for up to him and said, Well, you must a major source of economic activity— employment, the chance to own a have known the President; you are so and reduced its presence in Newport. home, and the chance to provide for a upset. And he said, No, no; I didn’t This was a shock to the economy of better life for their children. He know him, never met him. But he knew Rhode Island. In spite of double-digit worked to revitalize, particularly, the me. unemployment and the challenging downtown Providence area through his Joe Garrahy knew the people of economy that was worsened by this de- work with the Capital Center Commis- Rhode Island. He was a man of innate parture, he set a new course to redirect sion, which did landmark work in lit- decency and goodness. He believed that resources and make government work erally reshaping the face of Provi- every situation had some merit, a sil- for the people. dence, making it one of the most at- ver lining, something he could do to He fought for the rights of the dis- tractive and most compelling cities in bring forth good out of bad, progress abled and led in the deinstitutionaliza- our country. tion of the mentally disabled citizens Throughout his administration, he out of adversity. He was a man of deep of Rhode Island. He closed the Ladd always worked for public transpor- faith, who worked hard, and remained School, which was our residential cen- tation facilities, and everything that optimistic and compassionate in every ter, and he literally ended the practice would complement our economic moment. He was a noble public serv- of warehousing the disabled at the In- growth. He did it with great passion, ant. That word is used often, but no stitute of Mental Health. He reformed great diligence and, again and again more accurately than with respect to Rhode Island’s prison system, which and again, extraordinary decency. Joe Garrahy, a man of nobility—a no- was plagued with unrest and violence, In his final days in office he launched bility born not of privilege or wealth transforming it to a national model. The Greenhouse Compact, which was a but of character, conscience, and con- Following the energy crisis in the bold economic revitalization plan. He cern. 1970s, the Governor provided resources proposed to create 60,000 high-paying He had an extraordinary winning per- to a much needed energy office to look jobs and lay the foundation to combat sonality. He was one of those people for innovative ways to deal with a the dying manufacturing industries of you wanted to bump into because he problem that still challenges the State the State of Rhode Island at that time. made you feel better. His warm, em- and the Nation. He also forged creative And although the compact was not ap- bracing personality, his humor, his partnerships with neighboring States proved by the voters—there were con- friendliness, his caring, his sincerity, throughout the Northeast and with cerns about how it would be paid for— all those things transmitted this sense leaders in Canada. many of its proposals have come to fru- of knowing you and caring for you— Governor Garrahy was a man of great ition; a tribute again to his foresight, which was unique and will never, I passion, great decency, and he had a to his vision, to his courageous leader- think, in my mind, be replicated by special affection for the elderly and the ship, and to his confidence, that bring- any of us in Rhode Island. children of Rhode Island. Under his ing these issues to the people would Whenever you were with the Gov- tenure he created the Department of eventually lead to their adoption. And ernor, you always felt a little bit bet- Elderly Affairs and Children, Youth they have. ter about where you were, about the fu- and Families, he said, to focus the at- Joe Garrahy was the person you ture, and about the world. He was fond tention of the State and make the de- wanted leading you in difficult times, of people, and that fondness was repaid livery of services to these seniors and and there was no more difficult time by a deep sense of gratitude for what children more efficient and more effec- than in 1978, when the great blizzard he has done and profound respect for a tive. That was Joe Garrahy—thinking descended upon Rhode Island. Lit- wonderful man.

VerDate Sep 11 2014 12:06 Feb 23, 2017 Jkt 019102 PO 00000 Frm 00021 Fmt 0686 Sfmt 0634 E:\BR12\S01FE2.000 S01FE2 rmajette on DSK2TPTVN1PROD with BOUND RECORD February 1, 2012 CONGRESSIONAL RECORD—SENATE, Vol. 158, Pt. 1 573 But above all this, he loved his fam- The story was told at his funeral that to Richard, and I remarked on how ex- ily the most. He was a devoted hus- when he was Lieutenant Governor and traordinary it was that this excep- band, father and, as he was described she was still cleaning the statehouse, tional Rhode Island friendship and po- by his grandchildren, their Poppy. he said: Mom, don’t you want to find litical alliance should end with these We remember him now, and we also something else to do now that I am two men dying in the same week with- remember his family because they have here as Lieutenant Governor? She in virtually hours of each other. lost a great man. But he did so much turned to him and said: Joe, I got here Richard looked back at me and he for all of us to make us bigger and bet- first. said: SHELDON, you don’t know the half ter that we can withstand this great In his public life, Joe Garrahy always of it. It was during my father’s wake at loss. made the effort to be what he once de- Boyle’s Funeral Home that the Gov- I want to join with my fellow Rhode scribed as ‘‘probably one of the easiest ernor was brought home from Florida, Islanders in offering my heartfelt sym- guys in the State of Rhode Island to where he had been vacationing, by the pathy to his wonderful wife Margherite get along with.’’ He sure was. I don’t State police to Rhode Island. And that and his wonderful family, Colleen and think anyone who has worked with him night, the two old companions rested Michael Mahoney, their children Ryan over the years would disagree with one last time, side by side, on Smith and Michaela; John and Barbara that. Joe was certainly always very Hill at Boyle’s Funeral Home. Cottam Garrahy, their daughters Kath- kind and supportive to me as I em- On behalf of my wife Sandra and my erine and Elizabeth; Maribeth and Rob- barked on my fledgling career in public family, I extend to the Garrahy family ert Hardman and their son Wesley; service. our deepest condolences. To Joe’s lov- Sheila and Gregory Mitchell and their But Governor Garrahy’s service to ing wife Margherite, to their children children, CJ, Todd, and Chad; and our State stands as a guidepost for to- Colleen, John, Maribeth, Sheila, Seana, Seana and Michael Edwards and their day’s political leaders. He saw Rhode and their 11 grandchildren and the en- children Drew, Brayden, and Ellie Island through the difficult economic tire Garrahy family, we have you in Rose. recession of the early 1980s. He was a our hearts. We will miss him. But his legacy and staunch defender of Narragansett Bay, Joe Garrahy often spoke about the his personal example of kindness and our environmental jewel, and of Rhode great joy his children and his 11 grand- good will continue to sustain and in- Island’s open spaces; his efforts to at- children gave him, especially in the spire us. Today, we celebrate his life, tract high-tech industries to Rhode Is- years after his retirement. Our and in the days and weeks and years to land and to advance our economy; his thoughts and prayers are with them all come we will remember him fondly as work on behalf of children and senior today. one of Rhode Island’s greatest Gov- citizens and those with disabilities all I am very pleased to have this oppor- ernors. We are all the better for having continues to inspire us. tunity to join with Senator REED and Joe Garrahy in our Biggest Little Of course, all Rhode Islanders who with so many Rhode Islanders who are State. are old enough remember the blizzard still remembering, thinking of, praying The PRESIDING OFFICER (Mr. of 1978, which buried parts of our State for, and giving homage to Governor CARDIN). The Senator from Rhode Is- under 3 feet of snow and brought our Garrahy. We will never forget his ready land. roads and businesses to a shuddering smile, his easy friendship, his distin- Mr. WHITEHOUSE. Mr. President, I halt. People spent days in factories, in guished service, his ability to remem- rise today to join my senior colleague, movie theaters, in department stores ber every name, and his long and very Senator REED, in tribute to the mem- where they were snowed in. I still re- loving marriage. ory of a great public servant and a call the scene of cars up and down 95 I join Senator REED in saluting his great friend, Jay Joseph Garrahy, covered in snow, abandoned, the road legendary service to our State. former Governor of Rhode Island, who closed. Rhode Islanders are filled with Mr. President, I yield the floor. passed away last week at the age of 81. stories of where they were and what The PRESIDING OFFICER (Mr. At his funeral services this week, he they did during the great blizzard of REED). The Senator from Massachu- was remembered by an enormous crowd 1978 and how they struggled to get setts. for his warmth, for his kindness, and home to their loved ones. Mr. BROWN of Massachusetts. Mr. for his steady leadership of our State. Through all of that, Governor President, I know folks are riveted to Joe Garrahy was born in Providence, Garrahy marshaled resources from the their televisions. I wanted to give them RI to a blue-collar, Irish immigrant Federal Government and from neigh- an update as to where we are on the family. He worked his way through boring States and got Rhode Island STOCK Act. Catholic school, and he served in the back on its feet. In his frequent tele- First of all, there have been a lot of Air National Guard and in the Air vised messages to Rhode Islanders dur- good amendments back and forth. We Force during the Korean war. He came ing the crisis, his plaid flannel shirt be- have reviewed them. We worked obvi- back home from the war and went to came a trademark of his accessible, ously late into last night and have work as a beer salesman for our Narra- hard-working, easygoing style. been working throughout today. We gansett Brewery. He was what they fit- Governor Garrahy’s righthand man are gearing up for votes that hopefully tingly called a Narragansett Goodwill throughout his political career was Bill will be forthcoming, if not today, then Man. And, as Senator REED has ex- Dugan, his chief of staff. As fate would hopefully tomorrow. plained, Joe Garrahy brought good will have it, we are also mourning the loss But I do appreciate the process, and I wherever he went. of Bill, who passed away the day before wanted to publicly thank Leader REID He turned to politics and to public we lost the Governor. It was often said for his willingness to allow us to work service with the 1960 Presidential cam- that Governor Garrahy didn’t know through this process because it is sen- paign of John F. Kennedy. Joe followed how to say no. He was too nice for that. sitive for some people and it is new ter- his path himself, ultimately, with elec- Well, that job often fell to Bill Dugan. ritory for others. But I will say, being tion to the Rhode Island Senate, and Joe and Bill were lifelong friends, the first time and having the ability to then he was elected statewide as Lieu- graduated in the same class at La Salle come down and co-manage the floor tenant Governor, and then served two Academy, went into politics together, with Senator COLLINS and work with terms as Rhode Island’s Governor— and made a memorable political team Senator LIEBERMAN and Senator GILLI- serving as Chief of State in the very in Rhode Island history. Last Thurs- BRAND, the process has been open and statehouse where his mother had once day, Joe Garrahy and his dear com- fair. We are trying now to eliminate cleaned floors. It was a beautiful Amer- panion and political associate Bill some of the amendments that may not ican success story for him to rise to Dugan were together one last time. be relevant. We have had some folks lead the statehouse that his mother Bill’s sons are friends of mine, David step back and say, yes, take this off or had cleaned. and Richard. At Bill’s funeral I spoke take that off, and that is good. And we

VerDate Sep 11 2014 12:06 Feb 23, 2017 Jkt 019102 PO 00000 Frm 00022 Fmt 0686 Sfmt 0634 E:\BR12\S01FE2.000 S01FE2 rmajette on DSK2TPTVN1PROD with BOUND RECORD 574 CONGRESSIONAL RECORD—SENATE, Vol. 158, Pt. 1 February 1, 2012 have been trying to combine other agreement and, hopefully, we can begin made a huge impact on the lives of amendments to try to solidify where voting tomorrow afternoon and get it countless Kentuckians. Her dedication we want to go. done before we finish. and hard work has set a standard for But I did want to let folks know that Mr. REID. Mr. President, it is Sen- all who enter public service. She made we are working diligently with the ator GILLIBRAND’s fault we are in all of many friends across the Common- staffs of all the concerned Members, this trouble. wealth in her 18 years as a House staff- and hopefully we will get some votes The PRESIDING OFFICER. The Sen- er, and I am proud to be one of them. very shortly. ator from New York. Phyllis graduated from Hopkinsville Once again, I commend Leader REID Mrs. GILLIBRAND. I wish to com- Community College in 1970 and earned and his staff, the chairman and his mend the leader for his forbearance and her bachelor’s degree at Western Ken- staff, Senator GILLIBRAND, and Senator patience in this very long and extended tucky University in 1972. She also COLLINS, for everyone working to- process. But we are making great ef- worked for Western Kentucky Univer- gether trying to make this happen. I forts to come together to work in a bi- sity for 23 years. appreciate that, and I want to make partisan way to accomplish something Before going to work for Kentucky’s that reference for folks who are paying good for the American people and to Second District, Phyllis was the vice attention. begin to restore faith and trust in this chairwoman of the Warren County Re- Mr. President, I suggest the absence institution and in our government. So publican Party. It was in that capacity of a quorum. I thank our leader. We are so grateful she met Ron Lewis, who was exploring The PRESIDING OFFICER (Mr. for his patience. I also thank the chair- a run for Congress. A lot of people did WHITEHOUSE). The clerk will call the man for his work in leading this legis- not give Ron much of a chance at the roll. lation. time—after all, the previous holder of The assistant legislative clerk pro- The PRESIDING OFFICER. The ma- that district’s Congressional seat, a ceeded to call the roll. jority leader. Democrat, had held it for almost 40 Mr. REID. Mr. President, I ask unan- Mr. REID. Mr. President, to Senator years. imous consent that the call of the LIEBERMAN, we did a lot more general- Well, Ron Lewis surprised a lot of quorum be rescinded. ized work than the distinguished junior people when he won that race. After The PRESIDING OFFICER (Mr. BEN- Senator from New York. She is an ab- winning, one of his first decisions—one NET). Without objection, it is so or- solute expert in this area where we are of his best decisions—was to hire Phyl- dered. dealing with corporate law, all the lis Causey. And one of BRETT’s best de- Mr. REID. Mr. President, I apologize stuff we did with derivatives and all cisions was to retain her. to the Presiding Officer and staff and that, and I was certainly joking when I In her retirement, Phyllis has said Senators, but we have not been able to said she was the cause of trouble for she hopes to be able to spend more reach an agreement yet on how to this legislation. It was her idea. We ap- time with her husband, Larry, and also move forward on this simple bill. Re- preciate her good work. Senator LIE- care for her mother. As so many people member, everybody loved the bill? We BERMAN and I have been through a have stepped forward to wish her well should have been able to finish it number of battles together and this is upon the news of her retirement, Phyl- quickly. It has not worked out that one of the minor skirmishes. lis has humbly said, ‘‘All I can hope is way, but we are close. I hope in the I note the absence of a quorum. that I have made a difference.’’ morning we can do this and finish the The PRESIDING OFFICER. The I certainly think it is safe to say she bill tomorrow afternoon. That would be clerk will call the roll. has. I value her friendship and wish her preferable. I hope we can do that. The assistant legislative clerk pro- the best in her future endeavors. I Everyone has worked in good faith ceeded to call the roll. know my colleagues in the U.S. Senate and there are a number of amendments Mrs. GILLIBRAND. Mr. President, I join me in honoring Ms. Phyllis Causey we will vote on, and if that is the case, ask unanimous consent that the order upon her retirement and thanking her we can finish this hopefully tomorrow, for the quorum call be rescinded. for her many years spent in public late in the afternoon or early evening. The PRESIDING OFFICER. Without service. We are not there yet, but we are very objection, it is so ordered. The Bowling Green, Kentucky-area publication The Daily News recently close. f The PRESIDING OFFICER (Mr. published an article highlighting Phyl- BEGICH). The Senator from Con- MORNING BUSINESS lis Causey’s life and career. I ask unan- necticut. Mrs. GILLIBRAND. Mr. President, I imous consent that it be printed in the Mr. LIEBERMAN. Mr. President, ask unanimous consent that the Sen- RECORD. while the majority leader is here, I ate proceed to a period of morning There being no objection, the mate- wished to thank him for the work he business with Senators permitted to rial was ordered to be printed in the and his staff have continued to do to speak therein for up to 10 minutes RECORD, as follows: enable us to get to a vote on this bill, each. [From The Daily News, Jan. 14, 2012] which most everybody in the Senate The PRESIDING OFFICER. Without CAUSEY IS HAILED AS PUBLIC SERVANT; GUTH- supports, to make it clear that Mem- objection, it is so ordered. RIE AIDE RETIRING AT THE END OF JANUARY bers of Congress and our staffs are cov- f (By Andrew Robinson) ered by anti-insider trading laws. Sen- When U.S. Rep. Brett Guthrie, R–Bowling ator GILLIBRAND, Senator COLLINS, and TRIBUTE TO PHYLLIS CAUSEY Green, was campaigning for Congress in 2008, Senator BROWN have all been working Mr. MCCONNELL. Mr. President, I he was frequently posed a question. But it to bring this to an end and give Mem- rise to send my best wishes and grati- wasn’t about his views on taxes, federal bers on both sides the opportunity to tude to a good friend of mine and a spending or social issues. ‘‘Are you going to keep Phyllis Causey?’’ introduce amendments. Senator REID loyal public servant to the people of people often asked Guthrie. has been showing great forbearance in Kentucky for many years, Ms. Phyllis Guthrie did in fact keep Causey, who not moving to file a cloture motion. In Causey. After nearly 2 decades working served as his field representative for the past some sense, this is a test of whether we for the Representative from Ken- three years. But Causey said goodbye Friday, can all apply to ourselves a rule of rea- tucky’s 2nd Congressional District— retiring after 18 years of work with congress- sonableness so that there can be a pret- first Congressman Ron Lewis, then men in Kentucky’s 2nd Congressional Dis- trict. ty open amendment process, but one Congressman BRETT GUTHRIE—she has Causey, who worked for former U.S. Rep. that does not stop the Senate from get- chosen to embark on a well-earned re- Ron Lewis before joining Guthrie’s office, of- ting something accomplished. tirement. ficially retires at the end of January. I share the leader’s optimism. There As a field representative for Con- In a reception at the Warren County Jus- is only one obstacle now to having an gressmen GUTHRIE and Lewis, she has tice Center, Causey thanked co-workers,

VerDate Sep 11 2014 12:06 Feb 23, 2017 Jkt 019102 PO 00000 Frm 00023 Fmt 0686 Sfmt 0634 E:\BR12\S01FE2.000 S01FE2 rmajette on DSK2TPTVN1PROD with BOUND RECORD February 1, 2012 CONGRESSIONAL RECORD—SENATE, Vol. 158, Pt. 1 575 friends and families for their support over restaurants has doubled. Ken’s cowork- There being no objection, the mate- the years. ers, friends, and neighbors know that rial was ordered to be printed in the ‘‘I have mixed emotions,’’ Causey said. such a feat would not have been pos- RECORD, as follows: ‘‘I’ve been crying a lot, as a matter of fact. sible without Ken’s endless energy and It’s very nice that people are stopping by.’’ [From the Sentinel Echo, Nov. 28, 2011] She said she’ll remember the friends she enthusiasm in his work. HARVEY TO RETIRE has made. When Ken moved to London, KY, LONGEST-SERVING TOURISM DIRECTOR IN ‘‘And, of course, working for a great guy with his wife Cheryl many years ago, STATE like (Guthrie) and the previous congressman he was working for Kmart and was sent (By Nita Johnson) is a blessing,’’ Causey said. to Kentucky for a temporary assign- LAUREL COUNTY, KY.—What began as a In December, Guthrie spoke for a few min- ment. But, in Ken’s own words, London year’s assignment in 1982 evolved into the utes about Causey’s service on the floor of longest-running term of a tourism commis- the U.S. House, a moment that was entered ‘‘just felt like home.’’ It is to the rest sioner in the state. into the Congressional Record. of the town and county’s benefit that Ken Harvey, executive director of the Lon- ‘‘She has been such an inspiration to me,’’ Ken and Cheryl decided to put down don-Laurel Tourist Commission, announced Guthrie said on the floor. ‘‘She has always roots and make London their home. his plans to retire on Feb. 1, after serving in been devoted to the causes she believes in— In addition to his long tenure as ex- that capacity for 26 years. church, family and friends. Phyllis is an in- ecutive director of the London-Laurel He has seen much growth during his tenure credible wife, daughter, sister and mother. I County Tourist Commission, Ken keeps with the tourist commission, with his latest know her family, especially her husband busy with many other pursuits. He is a focus on developing the Heritage Hills prop- Larry, will be happy to have her around erty off Falls Street. more often.’’ longtime board member of the South- ern/Eastern Kentucky Tourism Devel- But the evolution of the World Chicken The moment caught Causey by surprise. Festival, the Redbud Ride, various athletic ‘‘I did not know that was happening until opment Association and has served as events and a motel tax are just a few of the the day before,’’ Causey said. ‘‘I’m over- that organization’s president. He has accomplishments that have brought revenue whelmed and honored that he would want to been a board member of the Kentucky to the tourism commission during Harvey’s do that.’’ Tourism Council Federation and served term—accomplishments he credits to the Of course, Guthrie and Lewis had nothing that group for several terms as chair- board members with whom he has served. but good things to say about Causey. man or vice chairman. He has served Board members returned the compliment, ‘‘I used to tell her, and she thought I was with Tourism Commission Board President kidding, but I used to say, ’’Phyllis, don’t with the Kentucky Festival Associa- tion and the Kentucky Main Street Caner Cornett describing Harvey as ‘‘one of a run against me, you’ll beat me hands down,’’’ kind.’’ Lewis said. ‘‘In the counties that Phyllis Board. Ken is also an avid historian ‘‘He’s a self-propelled man. Ken only knows serves, the people love her. She’s never met who has volunteered for the Kentucky one speed—full force,’’ Cornett said. ‘‘He’s a stranger. Everywhere you go, they know Civil War Trail and helped coordinate the kind who can talk to someone on jail Phyllis Causey.’’ Civil War reenactments. work release or the governor and show no Lewis met Causey in 1993. She was working partiality. He has that kind of personality.’’ as the vice chairwoman of the Warren Coun- Ken is also a member of the Optimist Club, the Laurel County Rotary Club, Cornett said Harvey’s exit as tourism di- ty Republican Party and Lewis was trying to rector leaves ‘‘some big shoes to fill.’’ gauge his support in Warren County when he and a Leadership Tri-County graduate. ‘‘He’ll be hard to replace. His knowledge ran for Congress. He was named Laurel County Man of and experience is invaluable,’’ he added. Lewis was invited by Causey to several the Year by the News Leader in 1990. Though coming to London from Ohio, Har- events in Warren County. And I would certainly be remiss if I did vey said just a few months after settling ‘‘She became one of my first supporters in not mention what many believe to be here, he and wife Cheryl knew they wanted Warren County,’’ Lewis said. ‘‘She told me Ken’s greatest achievement as tourism to stay in the area. all the key people to talk to.’’ ‘‘It just felt like home,’’ he said. ‘‘When we Such stories are endless, Lewis said. director—for many years he has been the driving force behind the World came here, there were 650 motel rooms. Now ‘‘A lot of people who are very political there are 1,300,’’ he said. ‘‘Interstate 75 is an have trouble turning that into public serv- Chicken Festival. attraction in itself for travelers going north ice,’’ Guthrie said. ‘‘And what’s amazing The World Chicken Festival brings or south. We have a good cross-section of about her, as hard-core of a Republican she over 200,000 visitors to Kentucky each dining here and our board is made up of citi- is, she served everybody.’’ year for what has become one of the zens whose home is here.’’ Causey plans to spend more time with her Other attractions that have increased the husband, as well as be a full-time caregiver top 10 festivals in the Southeastern United States. It offers entertainment, tourism business are the annual Battle of for her mother. Mark Lord, who is serving as Camp Wildcat, which Harvey considers ‘‘the Guthrie’s district director, will step up to talent shows, art exhibits, carnival best in the state,’’ along with the location of serve Warren and Barren counties as field rides, and of course food—particularly the Harley-Davidson dealership. representative. chicken. It has been noted for exhib- Harvey has been honored several times for ‘‘She just has a great personality, loves iting the world’s largest stainless steel his diligence in promoting tourism in the people, loves her job—and talk about a true skillet. Lasting 4 days, taking up 10 London area and is proud that the London public servant,’’ Lewis said. ‘‘Phyllis is a square blocks, and free to visitors, I am commission is highly respected across the public servant. I’m sad she’s retiring because state. While he readily admits he does not people love her.’’ sure my colleagues will understand when I say that under Ken’s leadership, wish to retire, he realizes that his ongoing f health problems and three recent back sur- the World Chicken Festival is one of geries are limiting his ability to serve in the TRIBUTE TO KEN HARVEY Kentucky’s most ‘‘egg-citing’’ events. capacity that he wishes to continue. Mr. MCCONNELL. Mr. President, Ken’s retirement will be Kentucky’s ‘‘It’s time. I hope they bring in someone today I wish to recognize a distin- loss but certainly his family’s gain. I with fresh ideas that can continue to develop guished Kentuckian who has worked understand he is looking forward to the Heritage Hills property and give some tirelessly and selflessly in public serv- spending more time with his 6-year-old new ideas for other developments,’’ Harvey grandson. On behalf of the people of said. ‘‘Besides, I have a grandson who is six ice for over 25 years. I am sad to report years old and I’m looking forward to spend- to my colleagues today that Mr. Ken London, Laurel County, and all of Ken- ing lots and lots of years with him.’’ tucky, I want to thank Mr. Ken Harvey Harvey, the longest serving tourism di- f rector for any county in the Common- for his many years of service. He will wealth, is retiring today. be missed, and I certainly wish him all REMEMBERING RAY REID Ken has worked since 1986 as the ex- the best in his well-earned retirement. Mr. BOOZMAN. Mr. President, I rise ecutive director of the London-Laurel Mr. President, a recent article print- today to honor the life of Ray Reid, a County Tourist Commission in south- ed in the Laurel County area publica- devoted champion of Arkansas and its eastern Kentucky. During his tenure, tion the Sentinel Echo highlighted Mr. citizens, affectionately known as Ar- tourism growth in the area has tripled, Ken Harvey’s many achievements. I kansas’s ‘fifth congressman.’ the number of motels in the area has ask unanimous consent that said arti- Ray dedicated his life to public serv- more than doubled, and the number of cle be printed in the RECORD. ice, serving more than 30 years in the

VerDate Sep 11 2014 12:06 Feb 23, 2017 Jkt 019102 PO 00000 Frm 00024 Fmt 0686 Sfmt 0634 E:\BR12\S01FE2.000 S01FE2 rmajette on DSK2TPTVN1PROD with BOUND RECORD 576 CONGRESSIONAL RECORD—SENATE, Vol. 158, Pt. 1 February 1, 2012 Army including three wars—WWII, of the Hawaiian language in Hawai‘i. announcement first in Hawaiian, fol- Korea and Vietnam—before retiring as However, this modern renaissance hap- lowed by its English translation. Local a colonel and continuing his commit- pened only after the Hawaiian lan- television reporters and weather fore- ment to this country serving for more guage came close to extinction, and the casters consult with language experts than 23 years as chief of staff for three people of Hawai‘i fought to preserve it. on Hawaiian pronunciation. One of the of Arkansas’s Third Congressional Dis- In 1896, following the overthrow of morning news shows features a seg- trict Congressmen—John Paul Ham- the Kingdom of Hawai‘i, English was ment produced entirely in the Hawai- merschmidt, Tim Hutchinson and Asa named as the primary language of in- ian language. Cable subscribers receive Hutchinson. struction in Hawai‘i’s schools. As a re- a channel featuring Hawaiian language As a loyal staffer, Ray was an ambas- sult, students who spoke Hawaiian reporting. sador of and to Arkansas, going above were subject to physical punishment or The Hawaiian language is engrained and beyond to help resolve issues con- public humiliation. As Native Hawai- in our daily lives in Hawai‘i, and is im- stituents had with the Federal Govern- ian families struggled to assimilate portant to all of Hawai‘i’s people. I am ment. Under his guidance, Congress- with the increasing Western presence extremely grateful for the efforts made man Hammerschmidt laid the ground- in Hawai‘i, parents gave children non- by ku¯ puna, our elders, as well as lan- work for successful constituent service. Hawaiian first names. Families who guage and cultural educators, to pre- Ray recognized that the key to good carried Hawaiian family names adopt- serve the Hawaiian language. Accord- governing and good public service is ed Western surnames to avoid a Hawai- ing to the University of Hawai‘i at that you treat everyone fairly and set ian identity. Parents stopped teaching Hilo, there are approximately 7,500 peo- political differences aside. their children Hawaiian, and main- ple learning the Hawaiian language Congressman Hammerschmidt retained English-only households. This today, from preschools, institutions of cently said of his former right-hand was a sad chapter in Hawai‘i’s history, higher education, and community pro- man that he was the best administra- but fortunately, today, thanks to the grams. Parents are again raising their tive assistant in the House during his effort of many Hawai‘i residents, polit- children to speak Hawaiian. While service. Upon his retirement Congress- ical and community leaders, and edu- there is an increasing interest in the man Asa Hutchinson said Ray was cators, the Hawaiian language is thriv- Hawaiian language, this is still just a known to be one of the most knowl- ing. small percentage of the population of edgeable men in Washington. In 1978, the Hawaiian language, also the State of Hawai‘i. I applaud the When I was elected to Congress in called ‘O¯ lelo Hawai‘i by its speakers, State for designating February as the 2001, Ray went out of his way to help us was declared one of the two legal lan- ‘‘Month of the Hawaiian Language’’ get on the right track. His skills and guages of the State of Hawai‘i. In 1984, and bringing awareness to the need to experiences were vital to helping us the first Hawaiian language preschool perpetuate our language so that future build a strong foundation to serve the was established, ‘Aha Pu¯ nana Leo. generations may learn the language of people of the Third District. Three years later, Hawaiian language their ancestors. E ola mau ka ‘O¯ lelo Hawai‘i! Long Despite working in the minority for immersion expanded to include kinder- live the Hawaiian language.∑ much of his career, Ray managed to ac- garten through grade 12, and today, complish great things for Arkansas be- students can study the Hawaiian lan- f cause of the long-lasting relationships guage from preschool through their RECOGNIZING NATIONAL GIRLS he built. Certainly Ray saw many doctorate studies. AND WOMEN IN SPORTS DAY changes in the Third Congressional Use of the Hawaiian language is not ∑ District during his years of service to Mr. BENNET. Mr. President, today, limited to its fluent speakers. Those February 1, I wish to celebrate the 26th Arkansas and many can be credited to who live in and visit Hawai‘i use Ha- his efforts. Ray had a hand on many in- annual National Girls and Women in waiian words and phrases in their ev- Sports Day, on which we praise the im- frastructure projects including Inter- eryday vocabulary, whether they are state 540 and the Northwest Arkansas portance of sports participation and Native Hawaiian or not. Towns, road- athletics in the lives of girls and Regional Airport. ways, schools, and parks bear Hawaiian In a recent interview, Congressman women everywhere. This year’s cele- names. Island residents commonly give bration has special meaning as it falls Hammerschmidt fondly recalled Ray’s each other directions using the words passion for the Natural State: ‘‘Ray on the eve of the 40th anniversary of mauka—meaning towards the moun- the passage of title IX of the Education really loved Arkansas,’’ he said. Ray tains, or makai—meaning towards the helped change the landscape of Arkan- Amendments of 1972. For over 40 years, ocean. A waitress might ask you if you this historic law has furthered gender sas. His impact is far reaching and his are pau, or done, with your meal before legacy is evident in the Third Congres- equality in sports participation in she clears the table. You might tell her schools so that young women, includ- sional District. it was ‘ono, or delicious. The State of Arkansas has lost a true ing my three daughters, Caroline, Some of the more commonly used Halina and Anne who all play soccer, friend who went to great lengths to words, including aloha and mahalo, are make it a better place. may enjoy the benefits that come known well beyond the shores of along with sports participation. f Hawai‘i. I probably do not have to ex- Studies show that participation in ADDITIONAL STATEMENTS plain that mahalo means thank you, or sports has a positive influence on the that aloha is a greeting that conveys intellectual, physical and psycho- warmth, love, and affection and is used logical health of young girls. According RECOGNIZING MONTH OF THE to both welcome someone and wish to the National Federation of State HAWAIIAN LANGUAGE them well. High School Associations, by a 3–1 ∑ Mr. AKAKA. Today I wish to speak The Hawaiian language is thriving in ratio, female athletes do better in to the celebration of the Hawaiian lan- our modern society and it remains rel- school, do not drop out, and have a bet- guage. February is designated as the evant as technology evolves around us. ter chance to get through college. Ad- ‘‘Month of the Hawaiian Language’’ by The iPhone and Google’s homepage are ditionally, a study from the Women’s the State of Hawai‘i. Speakers and stu- just two instances where the Hawaiian Sports Foundation showed that high dents of the language use this time to language can be selected as an option school athletes are less likely to smoke foster and promote Hawaiian through in language settings. Developers of the cigarettes or use drugs than their non- festivals, spelling bees, and speech and popular website, Wikipedia, borrowed athlete peers. Sports participation is debate competitions where the Hawai- the Hawaiian word wikiwiki, meaning also linked to lower rates of pregnancy ian language is the primary medium. speedy, for its name. Travelers through in adolescent female athletes. With Since the first official designation in Honolulu International Airport are these statistics in mind, it is not sur- 1994, February has been a celebration greeted every half hour with a public prising that a study from the

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Ms. LOFGREN, Ms. MATSUI, Mr. NUNES, farmers and ranchers in California and In my home State of Colorado, we are Mr. MCNERNEY, Mr. THOMPSON, Mr. all across the country, and wish him ahead of the curve with regard to the SCHIFF, Ms. LEE, Ms. LORETTA SAN- well in retirement.∑ participation of girls and women in CHEZ, Ms. ESHOO, Ms. CHU, Ms. SPEIER, f sports. The U.S. Olympic Training Cen- Ms. LINDA SA´ NCHEZ, Mr. BECERRA, Ms. ter, located in Colorado Springs, was HAHN, Mr. SHERMAN, Mr. HONDA, Mr. RECOGNIZING BULL JAGGER created by an act of Congress in 1978, MCCLINTOCK, and Mr. CALVERT, to pay BREWING COMPANY just a few years after title IX was tribute to Mr. Jack King on the occa- ∑ Ms. SNOWE. Mr. President, as rank- passed. It is encouraging to know that sion of his retirement from the Cali- ing member of the Senate Committee women like Gold Medal Winner fornia Farm Bureau Federation. For on Small Business and Entrepreneur- Lindsey Vonn, now make up nearly more than 35 years, Jack King has ship, I have heard time and again how half of all U.S. Olympians competing at worked on behalf of our Nation’s farm- difficult it is to start a business in our the games, representing more than 48 ers and ranchers to ensure that they current economy. As the new year be- percent of the 2008 team. Colorado also have a voice in our Nation’s capital. gins, I find it especially critical to supports the success of Paralympians His passion for agriculture has made honor those entrepreneurs, who in such as Sarah Will, who after a skiing him a strong and effective advocate for spite of these challenging times, are accident that left her paralyzed from the American Farm Bureau Federation surmounting all obstacles to pursue the waist down, went on to help found and the California Farm Bureau Fed- the American dream of starting a small the Vail Monoski Camp and won 12 eration. business. With this in mind, today I gold Paralympic medals from 1992 to Growing up on a dairy farm in Wis- wish to commend and recognize the 2002. consin taught Jack the value of hard most recent addition to the renowned Colorado is also a vanguard in pro- work, and the important role agri- brewing family, the Bull Jagger Brew- viding early education and sports op- culture plays in America—specifically ing Company of Portland, ME. portunities for women. The flagship all when it comes to feeding and clothing Bull Jagger opened in the fall of 2011 girls school, GALS, Girls Athletic our families and supporting our econ- with two employees and a dream to Leadership Schools, has opened its first omy. Upon graduating from the Uni- produce high-quality lager. In a 1,500- public charter school in Denver, CO. versity of Wisconsin, Jack began his square-foot space in Portland’s River- The school practices active learning career in agriculture with the univer- side Industrial Park, the two owners, that engages students in health and sity’s cooperative extension office. Tom Bull and Allan Jagger, have begun wellness activities in the belief that Jack then went on to work for the Wis- producing the Portland Lager. In their these are key contributing factors in consin Council of Agricultural Co- small facility, they currently produce optimizing academic achievement and operatives and the Wisconsin Council about eight barrels a week which self-development. There are also of Agriculture. In 1973, Jack ventured makes approximately 1,800 bottles of groups such as the Colorado Women’s west and joined the California Farm the refreshing beverage. Their lager Sports Fund Association that work to- Bureau Federation as assistant man- debuted at the Portland Harvest on the wards increasing the number of girls ager of the information division. Harbor in October of 2011 to rave re- Jack expanded his work with the and women who participate in athletics views. Farm Bureau, and in 1985, he became and reducing and eliminating barriers This success is truly exceptional as news services director for the Amer- that prevent participation. only a few years ago, Tom Bull, a Bath Despite the vast improvements with ican Farm Bureau Federation. Based in native who has worked at local compa- regard to sports participation for girls Illinois, Jack managed internal and ex- nies such as Gritty McDuff’s and the and women, inequalities and disparities ternal communications and often former Stone Coast Brewing, was de- still remain. According to the National worked in conjunction with the Wash- veloping his own homemade beer and Federation of State High School Asso- ington, D.C. office to ensure that legis- dreaming of opening a micro-lager ciations, schools are still providing 1.3 lators were connected with farmers and business. Fortunately, after meeting million fewer chances for girls to play ranchers. In 1994, Jack returned to through mutual friends and tasting sports in high school than boys. These California to serve as manager of the Tom’s homebrew, local businessman numbers have an even greater impact California Farm Bureau Federation’s Allan Jagger was convinced that Tom’s on Latinas and African-American National Affairs Division. He served as young women. The Women’s Sports a direct link between farmers, ranch- dream was worth pursuing. Together as Foundation shows that less than two- ers, and Members of Congress. partners, they decided to turn their as- thirds of these girls play sports while Jack’s tremendous contributions and pirations into reality and venture into more than three-quarters of Caucasian dedication can be measured in a num- Maine’s micro-brew market. girls do. And three-quarters of boys ber of ways. Notably, Jack made ap- Across the State, both Tom and from immigrant families are involved proximately 200 trips to Washington, Allan found that Maine’s micro-brew in athletics, while less than half of D.C. His deep commitment was based market lacked one particular beer va- girls from immigrant families are. in his belief that legislators needed to riety—a micro-brew lager. While larger Mr. President, we have work to do. hear directly from farmers and ranch- breweries all produce lagers, most Part of our job is to promote the im- ers in order to understand their con- micro-breweries shy away from lagers portance of this national effort to grow tributions and the difficulties they because of the increased length of the rates of female athletes. Please face. Specifically, Jack has been dedi- brewing time in comparison to ales. join me in celebrating National Girls cated to working on comprehensive im- Typically, lager has to sit in a cold cel- and Women in Sports Day by sup- migration reform, natural resource lar for several weeks to allow proper porting efforts to expand equality in regulations, and renewable energy. fermentation to occur. While this may sports participation and education for Of course none of these accomplish- have deterred other micro-breweries in women and girls around the country.∑ ments would be possible without the the past, Bull Jagger believed their lager would be worth the wait, and f love and support of Jack’s wife, Mary Ann; their sons, Carl, David and Bryan; they were certainly right. In true lager TRIBUTE TO JACK KING and two grandchildren. fashion, this small brewery allows ∑ Mrs. FEINSTEIN. Mr. President, on We ask our colleagues to join us in their lager to ferment over 6 weeks, behalf of myself and Senator BOXER, I recognizing Jack King’s enthusiasm which is approximately a month longer

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She joins a long from the President of the United sumption, as sales are continuing to line of family members who have also States submitting sundry nominations grow. had the honor of serving as queen of and two withdrawals which were re- As a new small business that has al- Endymion: her mother Mary in 1984, ferred to the appropriate committees. ready distinguished itself in Maine’s her aunt Michelle in 1986, and her aunt (The nominations received today are prominent micro-brew market, Bull Margie in 1991. printed at the end of the Senate pro- Jagger is looking forward to producing As we celebrate the 2012 Mardi Gras ceedings.) additional varieties, including a Pil- season, it is my pleasure to honor Ms. sner beer, in the near future. This Erica d’Aquin as the 46th queen of the f small firm’s attention to detail and Krewe of Endymion.∑ MESSAGE FROM THE HOUSE initial success demonstrates the remarkable quality of their product. I am f At 10:25 a.m., a message from the proud to extend my congratulations to House of Representatives, delivered by Tom Bull and Allan Jagger for their REMEMBERING GAIL ACHTERMAN Mr. Novotny, one of its reading clerks, announced that the House disagrees to tremendous efforts, and offer my best ∑ Mr. WYDEN. Mr. President, today I the amendment of the Senate to the wishes for the continued success of wish to recognize someone who may bill (H.R. 658) to amend title 49, United Bull Jagger Brewing Company.∑ not be familiar to members of the Sen- States Code, to authorize appropriates ate, but in my State is synonymous f for the Federal Aviation Administra- with what makes Oregon a place that TRIBUTE TO ERICA MARIE tion for fiscal years 2011 through 2014, values the environment, its natural re- D’AQUIN to streamline programs, create effi- sources and its scenery. ∑ ciencies, reduce waste, and improve Mr. VITTER. Mr. President, today I Gail Achterman of Portland passed aviation safety and capacity, to pro- recognize Ms. Erica Marie d’Aquin, a away on January 28 of pancreatic can- vide stable funding for the national bright and talented young Louisianian. cer. Gail was a special friend for more Each year since 1743, the carnival aviation system, and for other pur- than 40 years. When I arrived on the celebration known as Mardi Gras, poses, and agrees to the conference Stanford University campus in the French for Fat Tuesday, has been cele- asked by the Senate on the disagreeing summer of 1969, Gail and I were tour brated by the people of New Orleans. votes of the two Houses thereon, and guides together, two Democrats at the The season officially begins on January appoints the following Members as conservative Hoover Institution of 6, the Twelfth Night of Christmas and managers of the conference on the part War, Revolution and Peace. We laughed the Feast of the Epiphany. Also recog- of the House: about it then, and kept sharing jokes nized in many countries around the From the Committee on Transpor- and stories for more than 40 years. world with large Roman Catholic popu- tation and Infrastructure, for consider- Gail leaves behind an impressive leg- lations, Mardi Gras is the final blow ation of the House bill and the Senate acy of public service and dedication to out party prior to the ritual fasting of amendment, and modifications com- environmental causes that will endure the Lenten Season, which begins on mitted to conference: Messrs. MICA, for years to come. Her professional re- Ash Wednesday. PETRI, DUNCAN of Tennessee, GRAVES of sume is impressive: Lawyer, director of Over the many decades that New Missouri, SHUSTER, Mrs. SCHMIDT, the Institute for Natural Resources at Orleanians have celebrated Mardi Gras, Messrs. CRAVAACK, RAHALL, DEFAZIO, Oregon State University, chair of the ‘‘krewes’’, or private Mardi Gras social COSTELLO, BOSWELL, and CARNAHAN. Oregon Transportation Commission, organizations, have also contributed to From the Committee on Science, natural resources advisor to a former the merriment and glee surrounding Space, and Technology, for consider- governor and member of too many the festive season. In Greek mythol- ation of sections 102, 105, 201, 202, 204, State councils, boards and commis- ogy, Endymion was known for his ever- 208, 209, 212, 220, 321, 324, 326, 812, title X sions to list here. lasting youth and beauty. In 1966, the and title XIII of the House bill and sec- Even more impressive, however, was Krewe of Endymion was established tions 102, 103, 106, 216, 301, 302, 309, 320, her life-long commitment to those and has annually paraded through the 327, title VI, and section 732 of the Sen- things that make Oregon great. For an streets of New Orleans. Today, ate amendment, and modifications example, look no further than the in- Endymion is known for being the larg- committed to conference: Messrs. dispensable role she played in creation est parade in New Orleans, both for the HALL, PALAZZO, and Ms. EDDIE BERNICE of the Columbia Gorge National Scenic number of members—2300—and also for JOHNSON of Texas. Area in 1981. Anyone who has seen the the number of floats. This krewe has From the Committee on Ways and majestic Columbia River Gorge knows meant a lot to me since I had one of Means, for consideration of title XI of it is one of the most beautiful places on my first jobs as a high school student the House bill and titles VII and XI of earth—a crown jewel in a landscape painting Endymion’s floats—white the Senate amendment, and modifica- filled with natural beauty. I was proud primer only, as I wasn’t trusted with tions committed to conference: Messrs. colors. to be part of protecting The Gorge and CAMP, TIBERI and LEVIN. During this, the Krewe of proud of partnering with Gail in mak- Endymion’s 46th year, Ms. Erica Marie ing that happen. f d’Aquin will reign as queen. Ms. I want to extend my condolences to EXECUTIVE AND OTHER d’Aquin is a senior at Archbishop her husband Chuck and to her family COMMUNICATIONS Chapelle High School and is on the dis- and assure them that Oregon is a The following communications were tinguished honor roll. She is a member greater State thanks to my special laid before the Senate, together with of the National Art Honor Society, is a friend Gail and the ideals she be- accompanying papers, reports, and doc- member of the pro-life club, has a fond lieved.∑ love for art, and is very active in the uments, and were referred as indicated: Chapelle Animal Rescue Effort to pro- f EC–4825. A communication from the Sec- mote the awareness of issues affecting retary of the Commission, Division of Mar- MESSAGES FROM THE PRESIDENT ket Oversight, Commodity Futures Trading animals. She is the daughter of Mr. and Commission, transmitting, pursuant to law, Mrs. Daryl d’Aquin and the grand- Messages from the President of the the report of a rule entitled ‘‘Real-Time Pub- daughter Mr. and Mrs. Edmond J. United States were communicated to lic Reporting of Swap Transaction Data’’ Muniz, the founder and captain of the the Senate by Ms. Nieman, one of his (RIN3038–AD08) received in the Office of the Krewe of Endymion. secretaries. President of the Senate on January 26, 2012;

VerDate Sep 11 2014 12:06 Feb 23, 2017 Jkt 019102 PO 00000 Frm 00027 Fmt 0686 Sfmt 0634 E:\BR12\S01FE2.000 S01FE2 rmajette on DSK2TPTVN1PROD with BOUND RECORD February 1, 2012 CONGRESSIONAL RECORD—SENATE, Vol. 158, Pt. 1 579 to the Committee on Agriculture, Nutrition, Agency, Department of Homeland Security, to the Committee on Environment and Pub- and Forestry. transmitting, pursuant to law, the report of lic Works. EC–4826. A communication from the Acting a rule entitled ‘‘Suspension of Community EC–4844. A communication from the Direc- Administrator of the Fruit and Vegetable Eligibility’’ ((44 CFR Part 64) (Docket No. tor of Congressional Affairs, Office of Nu- Programs, Agricultural Marketing Service, FEMA–2011–0002)) received in the Office of clear Regulatory Research, Nuclear Regu- Department of Agriculture, transmitting, the President of the Senate on January 25, latory Commission, transmitting, pursuant pursuant to law, the report of a rule entitled 2012; to the Committee on Banking, Housing, to law, the report of a rule entitled ‘‘Revi- ‘‘Kiwifruit Grown in California; Change in and Urban Affairs. sion 1 to the Final Safety Evaluation of Reporting Requirements and New Informa- EC–4836. A communication from the Chief Electric Power Research Institute (EPRI) tion Collection’’ (Docket No. AMS–FV–11– Counsel, Federal Emergency Management Report, Materials Reliability Program 0041; FV11–920–1 FR) received in the Office of Agency, Department of Homeland Security, (MRP) Report 1016596 (MRP–227), Revision 0, the President of the Senate on January 26, transmitting, pursuant to law, the report of ‘Pressurized Water Reactor (PWR) Internals 2012; to the Committee on Agriculture, Nu- a rule entitled ‘‘Suspension of Community Inspection and Evaluation Guidelines’ (TAC trition, and Forestry. Eligibility’’ ((44 CFR Part 64) (Docket No. No. ME0680)’’ received in the Office of the EC–4827. A communication from the Acting FEMA–2011–0002)) received in the Office of President of the Senate on January 26, 2012; Administrator, Agricultural Marketing the President of the Senate on January 25, to the Committee on Environment and Pub- Service, Department of Agriculture, trans- 2012; to the Committee on Banking, Housing, lic Works. mitting, pursuant to law, the report of a rule and Urban Affairs. EC–4845. A communication from the Direc- entitled ‘‘National Dairy Promotion and Re- EC–4837. A communication from the Chief tor of the Regulatory Management Division, search Program; Amendments to the Order’’ Counsel, Federal Emergency Management Environmental Protection Agency, transmit- (Docket No. AMS–FV–11–0047; FV11–930–1 FR) Agency, Department of Homeland Security, ting, pursuant to law, the report of a rule en- received in the Office of the President of the transmitting, pursuant to law, the report of titled ‘‘Approval of Air Quality Implementa- Senate on January 26, 2012; to the Committee a rule entitled ‘‘Suspension of Community tion Plans; California; South Coast; Attain- on Agriculture, Nutrition, and Forestry. Eligibility’’ ((44 CFR Part 64) (Docket No. ment Plan for 1997 8-hour Ozone Standards’’ EC–4828. A communication from the Direc- FEMA–2011–0002)) received in the Office of (FRL No. 9624–6) received in the Office of the tor of the Regulatory Management Division, the President of the Senate on January 30, President of the Senate on January 30, 2012; Environmental Protection Agency, transmit- 2012; to the Committee on Banking, Housing, to the Committee on Environment and Pub- ting, pursuant to law, the report of a rule en- and Urban Affairs. lic Works. titled ‘‘Trichoderma virens strain G-41; Ex- EC–4838. A communication from the Assist- EC–4846. A communication from the Direc- emption from the Requirement of a Toler- ant Secretary, Legislative Affairs, Depart- tor of the Regulatory Management Division, ance’’ (FRL No. 9333–5) received in the Office ment of State, transmitting, pursuant to Environmental Protection Agency, transmit- of the President of the Senate on January 30, law, a report relative to the Department’s ting, pursuant to law, the report of a rule en- 2012; to the Committee on Agriculture, Nu- Alternative Fuel Vehicle (AFV) program for titled ‘‘Approval of Air Quality Implementa- trition, and Forestry. fiscal year 2011; to the Committee on Energy tion Plans; California; San Joaquin Valley; EC–4829. A communication from the Acting and Natural Resources. Attainment Plan for the 1997 8-hour Ozone Under Secretary of Defense (Personnel and EC–4839. A communication from the Ad- Standards’’ (FRL No. 9624–5) received in the Readiness), transmitting a report on the ap- ministrator and Chief Executive Officer, Office of the President of the Senate on Jan- proved retirement of Lieutenant General Bonneville Power Administration, Depart- uary 30, 2012; to the Committee on Environ- John D. Gardner, United States Army, and ment of Energy, transmitting, pursuant to ment and Public Works. his advancement to the grade of lieutenant law, the Administration’s Annual Report for EC–4847. A communication from the Direc- general on the retired list; to the Committee fiscal year 2011; to the Committee on Energy tor of the Regulatory Management Division, on Armed Services. and Natural Resources. Environmental Protection Agency, transmit- EC–4830. A communication from the Acting EC–4840. A communication from the Assist- ting, pursuant to law, the report of a rule en- Under Secretary of Defense (Personnel and ant General Counsel for Legislation, Regula- titled ‘‘Designation of Areas for Air Quality Readiness), transmitting a report on the ap- tion and Energy Efficiency, Department of Planning Purposes; Maryland; Determina- proved retirement of Admiral Robert F. Wil- Energy, transmitting, pursuant to law, the tion of Nonattainment and Reclassification lard, United States Navy, and his advance- report of a rule entitled ‘‘Energy Conserva- of the Baltimore 1997 8-hour Ozone Non- ment to the grade of admiral on the retired tion Program for Consumer Products: Test attainment Area’’ (FRL No. 9625–3) received list; to the Committee on Armed Services. EC–4831. A communication from the Acting Procedures for Refrigerators, Refrigerator- in the Office of the President of the Senate Under Secretary of Defense (Personnel and Freezers, and Freezers’’ (RIN1904–AB92) re- on January 30, 2012; to the Committee on En- Readiness), transmitting the report of an of- ceived in the Office of the President of the vironment and Public Works. ficer authorized to wear the insignia of the Senate on January 25, 2012; to the Com- EC–4848. A communication from the Direc- grade of rear admiral (lower half) in accord- mittee on Energy and Natural Resources. tor of the Regulatory Management Division, ance with title 10, United States Code, sec- EC–4841. A communication from the Assist- Environmental Protection Agency, transmit- tion 777; to the Committee on Armed Serv- ant General Counsel for Legislation, Regula- ting, pursuant to law, the report of a rule en- ices. tion and Energy Efficiency, Department of titled ‘‘Approval and Promulgation of Air EC–4832. A joint communication from the Energy, transmitting, pursuant to law, the Quality Implementation Plans; District of Acting Under Secretary of Defense (Per- report of a rule entitled ‘‘Energy Conserva- Columbia; Regional Haze State Implementa- sonnel and Readiness) and the Deputy Sec- tion Program: Test Procedures for General tion Plan’’ (FRL No. 9625–5) received in the retary of Veterans Affairs, transmitting, Service Fluorescent Lamps, General Service Office of the President of the Senate on Jan- pursuant to law, a report relative to the ac- Incandescent Lamps, and Incandescent Re- uary 30, 2012; to the Committee on Environ- tivities of the Center of Excellence in the flector Lamps’’ (RIN1904–AC45) received in ment and Public Works. Mitigation, Treatment, and Rehabilitation the Office of the President of the Senate on EC–4849. A communication from the Direc- of Traumatic Extremity Injuries, and Ampu- January 30, 2012; to the Committee on En- tor of the Regulatory Management Division, tations; to the Committee on Armed Serv- ergy and Natural Resources. Environmental Protection Agency, transmit- ices. EC–4842. A communication from the Assist- ting, pursuant to law, the report of a rule en- EC–4833. A communication from the Gen- ant Administrator for Strategic Infrastruc- titled ‘‘Approval and Promulgation of Air eral Counsel of the Federal Housing Finance ture, National Aeronautics and Space Ad- Quality Implementation Plans; Virginia; Agency, transmitting, pursuant to law, the ministration, transmitting, pursuant to law, Amendments to Virginia’s Regulation Re- report of a rule entitled ‘‘Freedom of Infor- the report of a rule entitled ‘‘Procedures for garding the Sulfur Dioxide National Ambient mation Act Implementation’’ (RIN2590–AA44) Implementing the National Environmental Air Quality Standard’’ (FRL No. 9625–8) re- received in the Office of the President of the Policy Act’’ (RIN2700–AD71) received in the ceived in the Office of the President of the Senate on January 26, 2012; to the Committee Office of the President of the Senate on Jan- Senate on January 30, 2012; to the Com- on Banking, Housing, and Urban Affairs. uary 26, 2012; to the Committee on Environ- mittee on Environment and Public Works. EC–4834. A communication from the Gen- ment and Public Works. EC–4850. A communication from the Direc- eral Counsel of the Federal Housing Finance EC–4843. A communication from the Chief tor of the Regulatory Management Division, Agency, transmitting, pursuant to law, the of the Aquatic Invasive Species Branch, Fish Environmental Protection Agency, transmit- report of a rule entitled ‘‘Privacy Act Imple- and Wildlife Services, Department of the In- ting, pursuant to law, the report of a rule en- mentation’’ (RIN2590–AA46) received in the terior, transmitting, pursuant to law, the re- titled ‘‘Nonconformance Penalties for On- Office of the President of the Senate on Jan- port of a rule entitled ‘‘Injurious Wildlife highway Heavy Heavy-Duty Diesel Engines’’ uary 26, 2012; to the Committee on Banking, Species; Listing Three Python Species and (FRL No. 9623–8) received in the Office of the Housing, and Urban Affairs. One Anaconda Species as Injurious Reptiles’’ President of the Senate on January 30, 2012; EC–4835. A communication from the Chief (RIN1018–AV68) received in the Office of the to the Committee on Environment and Pub- Counsel, Federal Emergency Management President of the Senate on January 26, 2012; lic Works.

VerDate Sep 11 2014 12:06 Feb 23, 2017 Jkt 019102 PO 00000 Frm 00028 Fmt 0686 Sfmt 0634 E:\BR12\S01FE2.000 S01FE2 rmajette on DSK2TPTVN1PROD with BOUND RECORD 580 CONGRESSIONAL RECORD—SENATE, Vol. 158, Pt. 1 February 1, 2012 EC–4851. A communication from the Acting EC–4861. A communication from the Chair- to the Committee on Homeland Security and Chief of the Border Security Regulations man of the Council of the District of Colum- Governmental Affairs. Branch, Customs and Border Protection, De- bia, transmitting, pursuant to law, a report EC–4873. A communication from the Chair- partment of Homeland Security, transmit- on D.C. Act 19–274 ‘‘Green Building Compli- man of the Council of the District of Colum- ting, pursuant to law, the report of a rule en- ance Temporary Amendment Act of 2012’’; to bia, transmitting, pursuant to law, a report titled ‘‘Establishment of Global Entry Pro- the Committee on Homeland Security and on D.C. Act 19–286 ‘‘Long-Term Care Ombuds- gram’’ (RIN1651–AA73) received in the Office Governmental Affairs. man Program Amendment Act of 2012’’; to of the President of the Senate on January 31, EC–4862. A communication from the Chair- the Committee on Homeland Security and 2012; to the Committee on Finance. man of the Council of the District of Colum- Governmental Affairs. EC–4852. A communication from the Chief bia, transmitting, pursuant to law, a report EC–4874. A communication from the Chair- of the Publications and Regulations Branch, on D.C. Act 19–275 ‘‘Retirement Distribution man of the Council of the District of Colum- Internal Revenue Service, Department of the Withholding Temporary Act of 2012’’; to the bia, transmitting, pursuant to law, a report Treasury, transmitting, pursuant to law, the Committee on Homeland Security and Gov- on D.C. Act 19–287 ‘‘Human Rights Service of report of a rule entitled ‘‘Revenue Ruling: ernmental Affairs. Process Amendment Act of 2012’’; to the 2012 Prevailing State Assumed Interest EC–4863. A communication from the Chair- Committee on Homeland Security and Gov- Rates’’ (Rev. Rul. 2012–6) received in the Of- man of the Council of the District of Colum- ernmental Affairs. fice of the President of the Senate on Janu- bia, transmitting, pursuant to law, a report EC–4875. A communication from the Chair- ary 31, 2012; to the Committee on Finance. on D.C. Act 19–276 ‘‘Board of Elections and man of the Council of the District of Colum- EC–4853. A communication from the Assist- Ethics Electoral Process Improvement Tem- bia, transmitting, pursuant to law, a report ant Legal Adviser for Treaty Affairs, Depart- porary Amendment Act of 2012’’; to the Com- on D.C. Act 19–288 ‘‘Oak Hill Conservation ment of State, transmitting, pursuant to the mittee on Homeland Security and Govern- Easement Act of 2012’’; to the Committee on Case-Zablocki Act, 1 U.S.C. 112b, as amended, mental Affairs. Homeland Security and Governmental Af- the report of the texts and background state- EC–4864. A communication from the Chair- fairs. ments of international agreements, other man of the Council of the District of Colum- EC–4876. A communication from the Chair- than treaties (List 2012–0001—2012–0011); to bia, transmitting, pursuant to law, a report man of the Council of the District of Colum- the Committee on Foreign Relations. on D.C. Act 19–277 ‘‘Public Notice of Advisory bia, transmitting, pursuant to law, a report EC–4854. A communication from the Dep- Neighborhood Commissions Recommenda- on D.C. Act 19–289 ‘‘9/11 Memorial Grove uty Director for Policy, Legislative and Reg- tions Amendment Act of 2012’’; to the Com- Dedication Act of 2012’’; to the Committee on ulatory Department, Pension Benefit Guar- mittee on Homeland Security and Govern- Homeland Security and Governmental Af- anty Corporation, transmitting, pursuant to mental Affairs. fairs. law, the report of a rule entitled ‘‘Allocation EC–4865. A communication from the Chair- EC–4877. A communication from the Chair- of Assets in Single-Employer Plans; Valu- man of the Council of the District of Colum- man of the Council of the District of Colum- ation of Benefits and Assets; Expected Re- bia, transmitting, pursuant to law, a report bia, transmitting, pursuant to law, a report tirement Age’’ (29 CFR Part 4044) received in on D.C. Act 19–278 ‘‘Captive Insurance Com- on D.C. Act 19–290 ‘‘District of Columbia the Office of the President of the Senate on pany Amendment Act of 2012’’; to the Com- Government Comprehensive Merit Personnel January 26, 2012; to the Committee on mittee on Homeland Security and Govern- Amendment Act of 2012’’; to the Committee Health, Education, Labor, and Pensions. mental Affairs. on Homeland Security and Governmental Af- EC–4855. A communication from the Dep- EC–4866. A communication from the Chair- fairs. uty Director for Policy, Legislative and Reg- man of the Council of the District of Colum- EC–4878. A communication from the Chair- ulatory Department, Pension Benefit Guar- bia, transmitting, pursuant to law, a report man of the Council of the District of Colum- anty Corporation, transmitting, pursuant to on D.C. Act 19–279 ‘‘Board of Medicine Mem- bia, transmitting, pursuant to law, a report law, the report of a rule entitled ‘‘Benefits bership and Licensing Amendment Act of on D.C. Act 19–291 ‘‘Old Naval Hospital Real Payable in Terminated Single-Employer 2012’’; to the Committee on Homeland Secu- Property Tax Exemption Act of 2012’’; to the Plans; Interest Assumptions for Paying Ben- rity and Governmental Affairs. Committee on Homeland Security and Gov- efits’’ (29 CFR Part 4044) received in the Of- EC–4867. A communication from the Chair- ernmental Affairs. fice of the President of the Senate on Janu- man of the Council of the District of Colum- EC–4879. A communication from the Chair- ary 26, 2012; to the Committee on Health, bia, transmitting, pursuant to law, a report man of the Council of the District of Colum- Education, Labor, and Pensions. on D.C. Act 19–280 ‘‘Southwest Duck Pond bia, transmitting, pursuant to law, a report EC–4856. A communication from the Chair- Designation Act of 2012’’; to the Committee on D.C. Act 19–292 ‘‘Lillian A. Gordon Water man of the National Endowment of the Arts, on Homeland Security and Governmental Af- Play Area and Park Designation Act of transmitting, pursuant to law, the Endow- fairs. 2012’’; to the Committee on Homeland Secu- ment’s Performance and Accountability Re- EC–4868. A communication from the Chair- rity and Governmental Affairs. port for fiscal year 2011; to the Committee on man of the Council of the District of Colum- EC–4880. A communication from the Chair- Homeland Security and Governmental Af- bia, transmitting, pursuant to law, a report man of the Council of the District of Colum- fairs. on D.C. Act 19–281 ‘‘Commission on African- bia, transmitting, pursuant to law, a report EC–4857. A communication from the Direc- American Affairs Establishment Act of on D.C. Act 19–293 ‘‘Willie Wood Way Des- tor, National Science Foundation, transmit- 2012’’; to the Committee on Homeland Secu- ignation Act of 2012’’; to the Committee on ting, pursuant to law, the Uniform Resource rity and Governmental Affairs. Homeland Security and Governmental Af- Locator (URL) for the Agency’s fiscal year EC–4869. A communication from the Chair- fairs. 2011 Financial Report; to the Committee on man of the Council of the District of Colum- EC–4881. A communication from the Chair- Homeland Security and Governmental Af- bia, transmitting, pursuant to law, a report man of the Council of the District of Colum- fairs. on D.C. Act 19–282 ‘‘Paul Washington Way bia, transmitting, pursuant to law, a report EC–4858. A communication from the Direc- Designation Act of 2012’’; to the Committee on D.C. Act 19–297 ‘‘William O’Neal tor, Office of Communications and Legisla- on Homeland Security and Governmental Af- Lockridge Memorial Library at Bellevue tive Affairs, Equal Employment Opportunity fairs. Designation Act of 2012’’; to the Committee Commission, transmitting, pursuant to law, EC–4870. A communication from the Chair- on Homeland Security and Governmental Af- the Commission’s Annual Sunshine Act Re- man of the Council of the District of Colum- fairs. port for 2011; to the Committee on Homeland bia, transmitting, pursuant to law, a report f Security and Governmental Affairs. on D.C. Act 19–283 ‘‘Glover Park Community EC–4859. A communication from the Chair- Center Designation Act of 2012’’; to the Com- INTRODUCTION OF BILLS AND man of the Council of the District of Colum- mittee on Homeland Security and Govern- JOINT RESOLUTIONS bia, transmitting, pursuant to law, a report mental Affairs. The following bills and joint resolu- on D.C. Act 19–272 ‘‘District Department of EC–4871. A communication from the Chair- tions were introduced, read the first Transportation Omnibus Temporary Amend- man of the Council of the District of Colum- ment Act of 2012’’; to the Committee on bia, transmitting, pursuant to law, a report and second times by unanimous con- Homeland Security and Governmental Af- on D.C. Act 19–284 ‘‘Rev. Dr. Jerry A. Moore, sent, and referred as indicated: fairs. Jr. Commemorative Plaza Designation Act By Mr. BENNET (for himself and Mr. EC–4860. A communication from the Chair- of 2012’’; to the Committee on Homeland Se- WARNER): man of the Council of the District of Colum- curity and Governmental Affairs. S. 2053. A bill to encourage transit-oriented bia, transmitting, pursuant to law, a report EC–4872. A communication from the Chair- development, and for other purposes; to the on D.C. Act 19–273 ‘‘Processing Sales Tax man of the Council of the District of Colum- Committee on Banking, Housing, and Urban Clarification Second Temporary Amendment bia, transmitting, pursuant to law, a report Affairs. Act of 2012’’; to the Committee on Homeland on D.C. Act 19–285 ‘‘Military Parents’ Child By Mr. BEGICH (for himself, Mr. Security and Governmental Affairs. Custody and Visitation Rights Act of 2012’’; THUNE, Mr. TESTER, Mr. BLUNT, Mrs.

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MCCASKILL, Mr. GRASSLEY, Mr. Massachusetts from 1968 to 1984; considered S. 1884 HOEVEN, Mr. BROWN of Massachu- and agreed to. At the request of Mr. DURBIN, the setts, Mr. BAUCUS, Mr. ENZI, Mr. By Mr. MENENDEZ (for himself, Mr. name of the Senator from Massachu- JOHANNS, Mr. CASEY, Mr. MCCAIN, Mr. RUBIO, Mr. NELSON of Florida, and setts (Mr. KERRY) was added as a co- DEMINT, Mr. ROBERTS, Mr. JOHNSON Mr. CASEY): sponsor of S. 1884, a bill to provide of Wisconsin, Mr. BURR, Mr. RISCH, S. Res. 366. A resolution honoring the life Mr. TOOMEY, Mr. PAUL, Mr. COBURN, of dissident and democracy activist Wilman States with incentives to require ele- and Mrs. SHAHEEN): Villar Mendoza and condemning the Castro mentary schools and secondary schools S. 2054. A bill to suspend the current com- regime for the death of Wilman Villar Men- to maintain, and permit school per- pensation packages for the senior executives doza; considered and agreed to. sonnel to administer, epinephrine at at Fannie Mae and Freddie Mac, and to es- schools. tablish compensation for all employees of f S. 1895 such entities in accordance with rates of pay ADDITIONAL COSPONSORS for other Federal financial regulatory agen- At the request of Mrs. GILLIBRAND, cies; to the Committee on Banking, Housing, S. 27 the name of the Senator from Min- and Urban Affairs. At the request of Mr. KOHL, the name nesota (Mr. FRANKEN) was withdrawn By Mr. SHELBY (for himself, Mr. of the Senator from New Mexico (Mr. as a cosponsor of S. 1895, a bill to re- CRAPO, and Mr. WICKER): quire the Secretary of Commerce to es- S. 2055. A bill to amend the Federal De- BINGAMAN) was added as a cosponsor of S. 27, a bill to prohibit brand name tablish a program for the award of posit Insurance Act with respect to the pro- grants to States to establish revolving tection of certain information; to the Com- drug companies from compensating ge- mittee on Banking, Housing, and Urban Af- neric drug companies to delay the loan funds for small and medium-sized fairs. entry of a generic drug into the mar- manufacturers to improve energy effi- By Mr. HATCH (for himself and Mr. ket. ciency and produce clean energy tech- LEE): nology, to provide a tax credit for S. 704 S. 2056. A bill to authorize the Secretary of farmers’ investments in value-added At the request of Mr. WYDEN, the the Interior to convey certain interests in agriculture, and for other purposes. Federal land acquired for the Scofield name of the Senator from Washington At the request of Mrs. GILLIBRAND, Project in Carbon County, Utah; to the Com- (Mrs. MURRAY) was added as a cospon- the name of the Senator from New mittee on Energy and Natural Resources. sor of S. 704, a bill to provide for duty- York (Mr. SCHUMER) was added as a co- By Mr. SCHUMER (for himself and Mr. free treatment of certain recreational sponsor of S. 1895, supra. CRAPO): performance outerwear, and for other S. 2057. A bill to amend title XVIII of the S. 1925 purposes. Social Security Act to allow physician as- At the request of Mr. LEAHY, the sistants, nurse practitioners, and clinical S. 720 names of the Senator from Massachu- nurse specialists to supervise cardiac, inten- At the request of Mr. THUNE, the setts (Mr. BROWN), the Senator from sive cardiac, and pulmonary rehabilitation name of the Senator from Texas (Mrs. programs; to the Committee on Finance. New Mexico (Mr. BINGAMAN), the Sen- HUTCHISON) was added as a cosponsor of ator from Washington (Ms. CANTWELL) By Ms. MURKOWSKI (for herself, Ms. S. 720, a bill to repeal the CLASS pro- CANTWELL, Mr. HELLER, Mrs. GILLI- and the Senator from Louisiana (Ms. BRAND, Mr. PORTMAN, Mr. BARRASSO, gram. LANDRIEU) were added as cosponsors of Mr. CORNYN, Mr. KYL, Mr. VITTER, S. 1299 S. 1925, a bill to reauthorize the Vio- Mr. RISCH, Mr. HOEVEN, Ms. LAN- At the request of Mr. MORAN, the lence Against Women Act of 1994. DRIEU, Mr. BEGICH, Mr. LUGAR, Mr. name of the Senator from Ohio (Mr. S. 1930 BENNET, Mr. MENENDEZ, and Mr. BROWN) was added as a cosponsor of S. CRAPO): At the request of Mr. TOOMEY, the S. 2058. A bill to close loopholes, increase 1299, a bill to require the Secretary of name of the Senator from Massachu- transparency, and improve the effectiveness the Treasury to mint coins in com- setts (Mr. BROWN) was added as a co- of sanctions on Iranian trade in petroleum memoration of the centennial of the sponsor of S. 1930, a bill to prohibit ear- products; to the Committee on Energy and establishment of Lions Clubs Inter- marks. Natural Resources. national. S. 1935 By Mr. WHITEHOUSE (for himself, Mr. S. 1467 AGAN AKAKA, Mr. BEGICH, Mr. LEAHY, Mr. At the request of Mrs. H , the LUNT HARKIN, Mr. BLUMENTHAL, Mr. SAND- At the request of Mr. B , the name of the Senator from New Jersey ERS, Mr. SCHUMER, and Mr. REED): names of the Senator from Indiana (Mr. LAUTENBERG) was added as a co- S. 2059. A bill to reduce the deficit by im- (Mr. LUGAR), the Senator from Georgia sponsor of S. 1935, a bill to require the posing a minimum effective tax rate for (Mr. ISAKSON) and the Senator from Secretary of the Treasury to mint high-income taxpayers; to the Committee on Kentucky (Mr. MCCONNELL) were added coins in recognition and celebration of Finance. as cosponsors of S. 1467, a bill to amend the 75th anniversary of the establish- By Mr. KOHL (for himself and Mr. the Patient Protection and Affordable ment of the March of Dimes Founda- WYDEN): S. 2060. A bill to provide for the payment of Care Act to protect rights of con- tion. a benefit to members eligible for participa- science with regard to requirements for S. 1947 tion in the Post-Deployment/Mobilization coverage of specific items and services. At the request of Mr. BLUMENTHAL, Respite Absence program for days of non- S. 1610 the name of the Senator from Lou- participation due to Government error; to At the request of Mr. BARRASSO, the isiana (Mr. VITTER) was added as a co- the Committee on Armed Services. By Mr. GRAHAM: name of the Senator from Texas (Mr. sponsor of S. 1947, a bill to prohibit at- S. 2061. A bill to provide for an exchange of CORNYN) was added as a cosponsor of S. tendance of an animal fighting ven- land between the Department of Homeland 1610, a bill to provide additional time ture, and for other purposes. Security and the South Carolina State Ports for the Administrator of the Environ- S. 1979 Authority; to the Committee on Homeland mental Protection Agency to promul- At the request of Mr. CONRAD, the Security and Governmental Affairs. gate achievable standards for cement names of the Senator from Missouri f manufacturing facilities, and for other (Mr. BLUNT) and the Senator from Min- SUBMISSION OF CONCURRENT AND purposes. nesota (Ms. KLOBUCHAR) were added as SENATE RESOLUTIONS S. 1838 cosponsors of S. 1979, a bill to provide The following concurrent resolutions At the request of Mr. BAUCUS, the incentives to physicians to practice in and Senate resolutions were read, and name of the Senator from Oregon (Mr. rural and medically underserved com- referred (or acted upon), as indicated: WYDEN) was added as a cosponsor of S. munities and for other purposes. 1838, a bill to require the Secretary of S. 2003 By Mr. KERRY (for himself and Mr. BROWN of Massachusetts): Veterans Affairs to carry out a pilot At the request of Mrs. FEINSTEIN, the S. Res. 365. A resolution honoring the life program on service dog training ther- name of the Senator from Iowa (Mr. of Kevin Hagan White, the Mayor of Boston, apy, and for other purposes. HARKIN) was added as a cosponsor of S.

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2003, a bill to clarify that an authoriza- AMENDMENT NO. 1480 chairman SPENCER BACHUS introduced tion to use military force, a declara- At the request of Mr. HELLER, the legislation suspending these bonuses tion of war, or any similar authority name of the Senator from West Vir- and limiting future compensation shall not authorize the detention with- ginia (Mr. MANCHIN) was added as a co- packages for Fannie and Freddie em- out charge or trial of a citizen or law- sponsor of amendment No. 1480 in- ployees. In November, his committee ful permanent resident of the United tended to be proposed to S. 2038, an passed the bill by a vote of 52 to 4. States and for other purposes. original bill to prohibit Members of The Begich-Thune STOP Act is a S. 2005 Congress and employees of Congress commonsense approach to address the At the request of Mr. BROWN of Mas- from using nonpublic information de- outrageous Wall Street-like bonuses sachusetts, the name of the Senator rived from their official positions for and pay that have occurred at Fannie from Maine (Ms. COLLINS) was added as personal benefit, and for other pur- Mae and Freddie Mac for far too long a cosponsor of S. 2005, a bill to author- poses. and which continue to occur to this ize the Secretary of State to issue up AMENDMENT NO. 1483 day, even after billions in taxpayer to 10,500 E-3 visas per year to Irish na- At the request of Mr. LEAHY, the bailouts. I wish to make it clear, this tionals. names of the Senator from Pennsyl- bill will not change the life much for S. 2043 vania (Mr. CASEY) and the Senator nonexecutives. The pay structure for At the request of Mr. RUBIO, the from Illinois (Mr. KIRK) were added as the everyday, hard-working Americans names of the Senator from Kentucky cosponsors of amendment No. 1483 pro- at Fannie and Freddie will stay almost (Mr. PAUL), the Senator from Arizona posed to S. 2038, an original bill to pro- as it is today. They are not the target. (Mr. MCCAIN), the Senator from Texas hibit Members of Congress and employ- However, it will change the life for ex- (Mr. CORNYN), the Senator from North ees of Congress from using nonpublic ecutives such as Peter Federico, who Dakota (Mr. HOEVEN), the Senator from information derived from their official earned $2.5 million in 2010 and had a Texas (Mrs. HUTCHISON), the Senator positions for personal benefit, and for target compensation of $2.6 million in from Arizona (Mr. KYL), the Senator other purposes. 2011. This was at the same time he was from Mississippi (Mr. WICKER), the Sen- f gambling that struggling homeowners ator from Kentucky (Mr. MCCONNELL), would be unable to refinance their the Senator from Pennsylvania (Mr. STATEMENTS ON INTRODUCED high-interest mortgages to record-low TOOMEY), the Senator from Idaho (Mr. BILLS AND JOINT RESOLUTIONS interest rates. This is unacceptable, RISCH), the Senator from Idaho (Mr. By Mr. BEGICH (for himself, Mr. unethical, and I know this body will CRAPO), the Senator from Georgia (Mr. THUNE, Mr. TESTER, Mr. BLUNT, not tolerate it. CHAMBLISS), the Senator from South Mrs. MCCASKILL, Mr. GRASSLEY, Here is how our legislation works: It Dakota (Mr. THUNE), the Senator from Mr. HOEVEN, Mr. BROWN of Mas- simply places Fannie Mae and Freddie Alabama (Mr. SESSIONS), the Senator sachusetts, Mr. BAUCUS, Mr. Mac employees on the same pay scale from Utah (Mr. HATCH), the Senator ENZI, Mr. JOHANNS, Mr. CASEY, as the financial regulators at the FDIC from Oklahoma (Mr. COBURN), the Sen- Mr. MCCAIN, Mr. DEMINT, Mr. and SEC, a pay scale long established ator from Arkansas (Mr. BOOZMAN), the ROBERTS, Mr. JOHNSON of Wis- in Federal law. It is a pay scale called Senator from Maine (Ms. COLLINS) and consin, Mr. BURR, Mr. RISCH, the Financial Institutions Reform, Re- the Senator from Kansas (Mr. MORAN) Mr. TOOMEY, Mr. PAUL, Mr. covery, and Enforcement Act. This is were added as cosponsors of S. 2043, a COBURN, and Mrs. SHAHEEN): the pay scale we are basing our legisla- bill to amend title XXVII of the Public S. 2054. A bill to suspend the current tion on. Health Service Act to provide religious compensation packages for the senior Under our approach, Fannie Mae and conscience protections for individuals executives at Fannie Mae and Freddie Freddie Mac employees cannot be paid and organizations. Mac, and to establish compensation for more than employees of other Federal S. 2046 all employees of such entities in ac- financial regulatory agencies. Right At the request of Ms. MIKULSKI, the cordance with rates of pay for other now the highest paid person under this names of the Senator from Missouri Federal financial regulatory agencies; pay scale makes $275,000 a year. This is (Mr. BLUNT), the Senator from Ohio to the Committee on Banking, Hous- our pay cap. While this is a lot of (Mr. BROWN), the Senator from Alaska ing, and Urban Affairs. money, it is not any more than what (Mr. BEGICH), the Senator from Mary- Mr. BEGICH. The STOP Act is the the cops, as we call them, on the finan- land (Mr. CARDIN) and the Senator from Stop the Outrageous Pay for Fannie cial beat make to ensure that ordinary Minnesota (Ms. KLOBUCHAR) were added and Freddie Act, the bill Senator Americans are protected and get a fair as cosponsors of S. 2046, a bill to amend THUNE and I introduced this morning. shake. the Immigration and Nationality Act Our bill comes in the aftermath of a se- Our legislation also stops any future to modify the requirements of the visa ries of events that began last Novem- bonus payments that go beyond the cap waiver program and for other purposes. ber when reports surfaced that the Fed- established in this legislation. Also, AMENDMENT NO. 1470 eral Housing Finance Agency, FHFA, any bonuses that have been granted At the request of Mr. MANCHIN, his approved nearly $13 million in bonuses but have not yet been paid will be name was added as a cosponsor of for 10 executives, that enterprise that stopped. Any money in excess of the amendment No. 1470 proposed to S. supervises Fannie Mae and Freddie cap we have established will be used to 2038, an original bill to prohibit Mem- Mac. pay down the national debt. Finally, bers of Congress and employees of Con- In response, Senator THUNE and I our bill requires that Fannie and gress from using nonpublic information spearheaded a bipartisan letter, signed Freddie salaries be made available to derived from their official positions for by 58 other Senators to the FHFA, Act- Congress and the public through the personal benefit, and for other pur- ing Director Edward DeMarco and the Senate Banking Committee and the poses. Treasury Secretary, Timothy Geithner. House Financial Services Committee. AMENDMENT NO. 1471 We expressed outrage over these pay I am aware of the criticism of this At the request of Mr. MANCHIN, his levels, and I believe our message was bill and I would like to address them. name was added as a cosponsor of heard. Almost 3 months after our letter Senator MCCAIN offered an amendment amendment No. 1471 proposed to S. was sent, the pressure was clearly on. yesterday that freezes bonus pay. I sup- 2038, an original bill to prohibit Mem- Government regulators were cutting port Senator MCCAIN in his efforts. In bers of Congress and employees of Con- the pay of the executives they hired to fact, I cosponsored this very same gress from using nonpublic information replace the departing heads of Fannie amendment the last time it was of- derived from their official positions for Mae and Freddie Mac. fered. Many of my colleagues have personal benefit, and for other pur- Also, in response to our efforts, asked me why our bill does not freeze poses. House Financial Services Committee bonus pay. Our bill is based on a broad-

VerDate Sep 11 2014 12:06 Feb 23, 2017 Jkt 019102 PO 00000 Frm 00031 Fmt 0686 Sfmt 0634 E:\BR12\S01FE2.001 S01FE2 rmajette on DSK2TPTVN1PROD with BOUND RECORD February 1, 2012 CONGRESSIONAL RECORD—SENATE, Vol. 158, Pt. 1 583 based approach that looks at the entire troduce legislation that would address earning an additional $1 of income in- pay structure within Fannie Mae and some loopholes in the Tax Code that creases his or her taxes by more than Freddie Mac. provide ways for Americans with $1. While it tackles the huge bonuses superhigh incomes to pay lower tax In his State of the Union Address on and pay policies for executives at rates than are paid by regular hard- Tuesday, President Obama called for Fannie and Freddie, we believe the ev- working, middle-class families. These legislation to ensure that the highest eryday employees earning modest sala- middle-class families feel they are earning taxpayers pay at least a 30-per- ries should be occasionally rewarded struggling to get by but then find that cent tax rate. The Fair Share Act for outstanding work so it ensures they some people with extremely high in- would do just that. To call our tax sys- get the small bonuses that may be ef- comes are actually paying a lower, all- tem fair, I believe the highest income fective for them. But to clarify, these in federal tax rate than they are. To Americans should pay a higher rate— would be modest bonuses that would them, it defies common sense, and I not a lower one—than middle-income never exceed the pay cap established in think for all of us it defies common taxpayers. For more context, let’s take this bill. sense. Americans deserve a straight a look again—because I have given this I have also heard the concern that deal, and right now they are not get- speech over and over on the floor—at Fannie and Freddie will not be able to ting one from our tax system. how superhigh-income-tax payers fare attract the right kind of talent if they To see the unfairness of our current under our current system. cannot pay people multimillion-dollar tax system, we don’t have to look This is the Helmsley Building in New compensation packages. I hate to state much further than the national head- York, as I have pointed out before. It is the obvious: Fannie and Freddie have lines. According to a Forbes magazine on Park Avenue, and it has a unique proven the opposite. They paid execu- report last fall, billionaire Warren Buf- characteristic, which is that it is so big tives outrageous compensation and yet fet ‘‘paid just 11.06 percent of his ad- it has its own ZIP Code. Because the still failed by Alaskans and all Ameri- justed gross income in Federal income Internal Revenue Service publishes in- cans. They needed hundreds of billions taxes’’ in 2010. Mr. Buffet is the first to formation about tax payment by ZIP of dollars in taxpayer bailouts and still express his dismay at this cir- Code, we can see what the tax pay- ended up in conservatorship. This sends cumstance and acknowledges that the ments are that come out of this build- an unsettling message to millions of rate he pays is lower than the tax rate ing. What we find with the latest infor- hard-working people who are strug- paid by his own secretary. Mr. Buffet mation that the IRS has published is gling to make ends meet. They have has called for a correction of this that the average filer has an adjusted taken Alaskans’ tax dollars in the form anomaly, and I agree with him. So does gross income of over $1 million in the of bailouts. Yet when my constituents President Obama, who, in his State of Helmsley Building, but the average tax in Anchorage or Kotzebue or Fairbanks the Union Address, said Washington payment out of that building is only or Juneau needed help to avoid fore- should stop subsidizing millionaires. I 14.7 percent. closure or refinance their loans, Fannie agree. To provide a little context for that, if and Freddie often turned their backs. We should celebrate the success of we look at what the average New York Finally, I have this response to peo- people who are earning $1 million and City janitor or the average New York ple who say Fannie and Freddie execu- more a year, but we don’t—particularly City security guard pays in terms of an tives need to earn millions: Whatever in this time of tight budgets and hard effective all-in Federal tax rate, it is happened to the concept of public serv- choices—need to subsidize that. The 28.3 percent for the security guard and ice or to the notion that it is an honor- legislation I have introduced today, the 24.9 percent for the janitor. So at this able calling to work on behalf of your Paying a Fair Share Act of 2012, would point it looks as if the people who are friends and your neighbors? There are ensure that those with extremely high the very successful occupants of the lots of dedicated, hard-working profes- incomes pay at least a minimum Fed- Helmsley Building pay an actual lower sionals at Fannie and Freddie who be- eral tax rate of 30 percent. I thank Sen- Federal tax rate than the people who lieve in that notion, and they are doing ators AKAKA, BEGICH, LEAHY, HARKIN, come in and clean the building, and their absolute best to help American BLUMENTHAL, and SANDERS for being that does not seem fair or sensible. families to afford the American dream initial cosponsors of this measure. One might say, well, maybe it is just of owning and keeping their homes. The structure of our bill is pretty something about the Helmsley Build- The Begich-Thune bill makes sure simple. If your total income—capital ing that causes it, but it is not. Despite this hard work continues and that gains included—is over $1 million, you Leona Helmsley’s infamous line that it their bosses at Fannie and Freddie calculate your taxes under the regular is only the little people who pay the come to work every day not with vi- system. If your effective tax rate turns taxes, it is a broader issue than that. sions of dollar signs but instead with a out to be greater than 30 percent, you Take a look at the income tax informa- clear eye of doing what is right for all pay that rate. If, on the other hand, tion about the 400 highest earning Americans. your effective tax rate is under 30 per- Americans. I urge all Members to support this cent, like Warren Buffet’s 11 percent, In the same way that the IRS aggre- commonsense bipartisan bill. Senators then you would pay the fair share tax gates information by ZIP Code, it also TESTER, MCCASKILL, BAUCUS, BLUNT, rate. takes the highest income earners and GRASSLEY, HOEVEN, ENZI, and SCOTT After collecting input from some of reports on them in aggregate. The 400 BROWN have already joined Senator my colleagues, I have also included a top incomes for 2008—which is the last THUNE and me as original cosponsors. I provision to allow the fair share tax to year the IRS has assembled—had an wish to thank them for their support. be gradually phased in for taxpayers average income each of $270 million, earning between $1 million and $2 mil- which certainly is something to be By Mr. WHITEHOUSE (for him- lion per year. Taxpayers earning less proud of and to celebrate if one can self, Mr. AKAKA, Mr. BEGICH, than $1 million—which is 99.9 percent achieve that kind of success. But the Mr. LEAHY, Mr. HARKIN, Mr. of all Americans—wouldn’t be affected average tax rate paid by the 400 was BLUMENTHAL, Mr. SANDERS, Mr. by this bill at all. Taxpayers earning only 18.2 percent, which is—apart from SCHUMER, and Mr. REED): over $2 million would be subject to the the discussions we have been having in S. 2059. A bill to reduce the deficit by 30 percent minimum Federal tax rate, the Senate—about what the top income imposing a minimum effective tax rate and those in between $1 million and $2 tax rate should be. for high-income taxpayers; to the Com- million would pay, on a phased-in We discuss often whether the top in- mittee on Finance. basis, a portion of the extra tax re- come tax rate should be 35 percent or Mr. WHITEHOUSE. Mr. President, we quired to get up to the 30-percent effec- should be 39.6 percent. It was 39.6 per- are in an age of tight budgets and tive tax rate. This way we make sure cent, for instance, during the booming tough choices, and I rise today to inno taxpayer faces a tax cliff where Clinton economy. It is now 35 percent.

VerDate Sep 11 2014 12:06 Feb 23, 2017 Jkt 019102 PO 00000 Frm 00032 Fmt 0686 Sfmt 0634 E:\BR12\S01FE2.001 S01FE2 rmajette on DSK2TPTVN1PROD with BOUND RECORD 584 CONGRESSIONAL RECORD—SENATE, Vol. 158, Pt. 1 February 1, 2012 Depending on where the tax cut discus- cits, it means the taxes they are not men and women who are ordered to de- sion goes, it may go back up again. But paying at the nominal 35-percent rate ploy beyond the established standards that is not what a large number of are taxes that somebody else ends up for troop rotation by providing extra these very high income earners pay. In having to pay either through deficit or paid leave when they return home. Un- fact, the top 400 aren’t anywhere near through additional taxation. fortunately, a mistake during demobi- that. They are at half that, at 18.2 per- This is why the Fair Share Act lization prevented some soldiers from cent. We are supposed to have a pro- makes a lot of common sense, and I receiving the paid leave they earned. gressively graduated Tax Code, with hope Senators on both sides of the aisle The Army’s records indicate that this people who earn more paying a higher will take a look at it. This bill would problem affects 577 soldiers across the rate. do a lot of good. It would simplify country, including 80 in Wisconsin. Let’s see who else pays at the 18.2- taxes. There is no point chasing loop- These soldiers have since gotten percent rate. We looked at Bureau of holes if someone knows they are going their military records corrected to re- Labor Statistics information for a sin- to have to pay the 30-percent min- flect the days of PDMRA leave they gle filer earning $39,350. That is where imum. It will simplify that. It would were supposed to receive. However, the you hit an 18.2-percent tax rate, just discourage the exotic tax dodges that only way for these soldiers to use this like the 400 who made $1⁄4 billion each, allow people to go down to 14 percent benefit is to take extra paid leave on a on average. They are in the same posi- or whatever tax rates because they future deployment. For those soldiers tion as somebody who is earning a lit- know they are going to get caught at 30 who will not deploy again or who have tle less than 40,000 who pays 18.2 per- percent, so why do the effort. The ex- left the military entirely, this remedy cent under our present system. If we otic tax dodges will be discouraged. It does not work. look at the type of jobs that hit that will reduce the deficit. We don’t have a Mistakes happen, but they need to be area, according to the Bureau of Labor number yet from the Joint Committee fixed. The Fair Military Leave Act Statistics, in the Rhode Island labor on Taxation, but the public reporting gives troops the option of cashing out market a truckdriver earns on average so far has suggested it is going to be in the leave they were incorrectly denied $40,200. So we have a truckdriver pay- the $40 billion to $50 billion range per when they came home. This solution is ing the same rate of Federal tax as year. Of course, it will bring fairness, modeled after legislation Congress somebody earning $1⁄4 billion in a year. as well as common sense, to our tax passed in the National Defense Author- So I think there is plenty of room for system. It makes no sense for some- ization Act for fiscal year 2010. As with correction and to bring our tax system body earning $80,000 or $100,000 or that bill, the Fair Military Leave Act in line to the principle that I think we $120,000 a year to be paying a substan- reimburses soldiers at a rate of $200 per all espouse theoretically, which is that tially higher tax rate than somebody day of PDMRA that they were incor- it is a progressive tax system. The earning $1⁄4 billion a year. rectly denied. more you earn, the more you pay and There are a lot of advantages that I am pleased to have the senior Sen- indeed the higher rate you are sup- come with enormous income, and that ator from Oregon join me as an origi- posed to pay. It is not supposed to be at is a great thing because America nal cosponsor of this legislation. My the other way around where, at the thrives on capitalism, and we all love friend from Oregon led the effort to fix other high extreme, you end up paying success. We celebrate success in Amer- the earlier problem with PDMRA bene- lower rates than regular Americans. ica. We provide an economy and a cul- fits in the 2010 defense authorization. The Helmsley Building was one build- ture in which people can accomplish The men and women of our Armed ing that has a little story to tell all of remarkable things and create enor- Forces have done so much for our coun- us. Here is another building with a mous fortunes and become enormously try, and we should not drag our feet in story to tell. This is a building that is successful. That is part of what is good making this right. These troops earned called Ugland House, and it is in the and what is right with America. They their PDMRA benefit, and they should tax haven Cayman Islands. It doesn’t do it through hard work, they do it be allowed to use it. look like much, does it? I don’t want to through being smarter than other peo- say it is a crummy little building, but ple, they do it with a lot of good per- f it certainly doesn’t compare to a lot of sonal characteristics. But with all the other business buildings. But it does advantages that do come with an enor- SUBMITTED RESOLUTIONS have something remarkable happening mous income, paying a lower tax rate within it. It has 18,000 corporations than regular working families should that claim to be doing business out of not be one of those advantages. SENATE RESOLUTION 365—HON- this location—18,000 corporations in I hope we can get together to correct ORING THE LIFE OF KEVIN this little five-story building. It gives a this, and I look forward to working HAGAN WHITE, THE MAYOR OF new meaning to the phrase ‘‘small with my colleagues on this issue. BOSTON, MASSACHUSETTS FROM business.’’ 1968 TO 1984 As our budget chairman KENT CON- By Mr. KOHL (for himself and Mr. KERRY (for himself and Mr. RAD has pointed out, the only business Mr. WYDEN): BROWN of Massachusetts) submitted going on in Ugland House is funny S. 2060. A bill to provide for the pay- the following resolution; which was business with our Tax Code, shell comment of a benefit to members eligible considered and agreed to: panies that hide assets and dodge tax for participation in the Post-Deploy- S. RES. 365 liabilities. It does not make sense that ment/Mobilization Respite Absence our tax system permits the highest in- program for days of nonparticipation Whereas Kevin White was born in Boston on September 25, 1929; come Americans to pay a lower tax due to Government error; to the Com- Whereas his father, Joseph C. White, a leg- rate than a truckdriver pays, and it mittee on Armed Services. islator of the Commonwealth of Massachu- doesn’t make sense that we allow Mr. KOHL. Mr. President, I rise setts; his maternal grandfather, Henry E. Americans and American companies by today to introduce the Fair Military Hagan; and his father-in-law, William the thousands to hide income in off- Leave Act. This legislation fixes a Galvin; each served as presidents of the Bos- shore tax havens. problem that is preventing some of our ton City Council; If we look at the rates that are paid— brave servicemembers from using bene- Whereas Kevin White earned a bachelor’s Warren Buffet 11.6 percent, the occu- fits that they earned after serving mul- degree from Williams College in 1952, a law pants of the Helmsley Building on av- tiple or extended deployments over- degree from Boston College in 1955, and also studied at the Harvard Graduate School of 1 erage 14.7 percent, and the 400 $ ⁄4 bil- seas. Public Administration, now the John F. Ken- lion-a-year earners on average 18.2 per- In 2007, the military established the nedy School of Government; cent—and we look at the fact that we Post-Deployment/Mobilization Respite Whereas in 1956, Kevin White married have multi-trillion-dollar budget defi- Absence Program, or PDMRA, to assist Kathryn Galvin;

VerDate Sep 11 2014 12:06 Feb 23, 2017 Jkt 019102 PO 00000 Frm 00033 Fmt 0686 Sfmt 0634 E:\BR12\S01FE2.001 S01FE2 rmajette on DSK2TPTVN1PROD with BOUND RECORD February 1, 2012 CONGRESSIONAL RECORD—SENATE, Vol. 158, Pt. 1 585 Whereas in 1960, at the age of 31, Kevin memory of former Boston Mayor Kevin his incarceration for participating in a White was elected Secretary of the Common- Hagan White. peaceful protest and to highlight the plight wealth of Massachusetts and was reelected 3 f of the Cuban people; times, serving until 1967; (2) condemns the repression of basic human Whereas in January 1968, Kevin White be- SENATE RESOLUTION 366—HON- and civil rights by the Castro regime in Cuba came the 51st Mayor of the City of Boston, ORING THE LIFE OF DISSIDENT that resulted in more than 4,000 detentions Massachusetts; AND DEMOCRACY ACTIVIST and arrests of activists in 2011; Whereas within months after taking office WILMAN VILLAR MENDOZA AND (3) honors the life of Wilman Villar Men- as Mayor of Boston, Kevin White was instru- CONDEMNING THE CASTRO RE- doza and his sacrifice on behalf of the cause mental in helping guide the City of Boston GIME FOR THE DEATH OF of freedom in Cuba; after the assassination of Dr. Martin Luther (4) extends condolences to Maritza King, Jr.; WILMAN VILLAR MENDOZA Pelegrino Cabrales, the wife of Wilman Whereas on April 5, 1968, Mayor White Mr. MENENDEZ (for himself, Mr. Villar Mendoza, and their children; asked that the James Brown concert at the RUBIO, Mr. NELSON of Florida, and Mr. (5) urges the United Nations Human Rights Boston Garden be televised rather than be CASEY) submitted the following resolu- Council to suspend Cuba from its position on cancelled, as many suggested; tion; which was considered and agreed the Council; Whereas during the concert, Mayor White (6) urges the General Assembly of the addressed the citizens to plead for calm and to: United Nations to vote to suspend the rights said, ‘‘Twenty four hours ago Dr. King died S. RES. 366 of membership of Cuba to the Human Rights for all of us, black and white, that we may Whereas, on Thursday, January 19, 2012, 31- Council; live together in harmony without violence, year-old Cuban dissident Wilman Villar Men- (7) urges the international community to and in peace. I’m here to ask for your help doza died, following a 56-day hunger strike to condemn the harassment and repression of and to ask you to stay with me as your highlight his arbitrary arrest and the repres- peaceful activists by the Cuban regime; and mayor, and to make Dr. King’s dream a re- sion of basic human and civil rights in Cuba (8) calls on the governments of all demo- ality in Boston. No matter what any other by the Castro regime; cratic countries to insist on the release of all community might do, we in Boston will Whereas, on November 2, 2011, Wilman political prisoners and the cessation of vio- honor Dr. King in peace.’’; Villar Mendoza was detained by security lence, arbitrary arrests, and threats against Whereas during his time as Mayor of Bos- forces of the Government of Cuba for partici- peaceful demonstrators in Cuba, including ton, Kevin White undertook a program of pating in a peaceful demonstration in Cuba threats against Maritza Pelegrino Cabrales urban revitalization of the downtown areas calling for greater political freedom and re- and members of the Ladies in White (Damas of Boston that forever transformed Faneuil spect for human rights; de Blanco). Hall and Quincy Market; Whereas Wilman Villar Mendoza was sen- f Whereas during his time as Mayor, Kevin tenced to 4 years in prison after a hearing White brought the residents of each neigh- that lasted less than 1 hour and during which AMENDMENTS SUBMITTED AND borhood of Boston, from Mattapan to Wilman Villar Mendoza was neither rep- PROPOSED Charlestown, from South Boston to Brigh- resented by counsel nor given the oppor- SA 1496. Mr. CORKER submitted an amend- ton, from East Boston to West Roxbury, to- tunity to speak in his defense; ment intended to be proposed by him to the gether through programs like Summerthing, Whereas, on November 25, 2011, Wilman bill S. 2038, to prohibit Members of Congress Little City Halls, and jobs for at-risk youth; Villar Mendoza was placed in solitary con- and employees of Congress from using non- Whereas in 1974, Judge W. Arthur Garrity finement after initiating a hunger strike to public information derived from their offi- Jr. of the United States District Court for protest his unjust trial and imprisonment; cial positions for personal benefit, and for the District of Massachusetts ordered Boston Whereas Wilman Villar Mendoza was a other purposes; which was ordered to lie on to begin busing children to integrate its member of the Unio´ n Patrio´ tica de Cuba, a the table. schools; dissident group the Cuban regime considers SA 1497. Mr. CORKER submitted an amend- Whereas during a difficult period of racial illegitimate because members express views ment intended to be proposed by him to the tension for the City of Boston, Mayor White critical of the regime; bill S. 2038, supra; which was ordered to lie urged the people of Boston to remember Whereas security forces of the Government on the table. their common identity; of Cuba have harassed Maritza Pelegrino SA 1498. Mr. BLUMENTHAL (for himself Whereas from 1984 to 2002, Kevin White was Cabrales, the wife of Villar Mendoza and a and Mr. KIRK) submitted an amendment in- the director of the Institute for Political member of the Ladies in White (Damas de tended to be proposed to amendment SA 1470 Communication at Boston University; Blanco), and have threatened to take away proposed by Mr. REID (for himself, Mr. Whereas Mayor White valiantly fought her children if she continues to work with BROWN of Massachusetts, Mr. LIEBERMAN, against Alzheimer’s disease after his diag- the Ladies in White; Ms. COLLINS, Mrs. GILLIBRAND, Mr. LEVIN, nosis in 2003 and despite this debilitating Whereas Human Rights Watch, which doc- and Mr. FRANKEN) to the bill S. 2038, supra. challenge, he never stopped being an exam- umented the case of Wilman Villar Mendoza, SA 1499. Mr. CORKER submitted an amend- ple of strength for the City of Boston and his stated, ‘‘Arbitrary arrests, sham trials, inhu- ment intended to be proposed by him to the family; mane imprisonment, and harassment of dis- bill S. 2038, supra; which was ordered to lie Whereas Kevin White is survived by his sidents’ families—these are the tactics used on the table. SA 1500. Mr. INHOFE (for himself and Mrs. wife, Kathryn; a brother, Terrence, who to silence critics.’’; HUTCHISON) submitted an amendment in- managed his early campaigns; his sons, Mark Whereas Amnesty International stated, tended to be proposed to amendment SA 1470 and Chris; his daughters, Caitlin, Beth, and ‘‘The responsibility for Wilman Villar proposed by Mr. REID (for himself, Mr. Patricia; his 7 grandchildren; and his sister, Mendoza’s death in custody lies squarely BROWN of Massachusetts, Mr. LIEBERMAN, Maureen Mercier; with the Cuban authorities, who summarily Ms. COLLINS, Mrs. GILLIBRAND, Mr. LEVIN, Whereas the most famous campaign slogan judged and jailed him for exercising his right and Mr. FRANKEN) to the bill S. 2038, supra. coined Kevin White, ‘‘A loner in love with to freedom of expression.’’; SA 1501. Mr. MCCAIN (for himself and Mr. the city’’; and Whereas Orlando Zapata Tamayo, another COBURN) submitted an amendment intended Whereas the irony of the slogan is that prisoner of conscience jailed after the to be proposed to amendment SA 1472 pro- Kevin White was never lonely and that the ‘‘Black Spring’’ crackdown on opposition posed by Mr. TOOMEY (for himself, Mrs. people of Boston who he loved so much, loved groups in March 2003, died in prison on Feb- MCCASKILL, Mr. DEMINT, Mr. UDALL of Colo- him back: Now, therefore, be it ruary 23, 2010, after a 90-day hunger strike; rado, Mr. RUBIO, Ms. AYOTTE, Mr. PORTMAN, Resolved, That— Whereas, according to the Cuban Commis- Mr. THUNE, and Mr. JOHANNS) to the amend- (1) the Senate— sion on Human Rights, the unrelenting tyr- ment SA 1470 proposed by Mr. REID (for him- (A) recognizes that Kevin White forever en- anny of the Castro regime has led to more self, Mr. BROWN of Massachusetts, Mr. LIE- riched the Boston political landscape and than 4,000 political detentions and arrests in BERMAN, Ms. COLLINS, Mrs. GILLIBRAND, Mr. forged a new path for the City of Boston; 2011; and LEVIN, and Mr. FRANKEN) to the bill S. 2038, (B) pays tribute to the work by Kevin Whereas Cuba is a member of the United supra; which was ordered to lie on the table. White to improve the lives of the residents of Nations Human Rights Council despite nu- SA 1502. Mr. BENNET (for himself and Mr. the City of Boston; and merous documented violations of human TESTER) submitted an amendment intended (C) requests the Secretary of the Senate to rights every year in Cuba: Now, therefore, be to be proposed by him to the bill S. 2038, prepare an official copy of this resolution for it supra; which was ordered to lie on the table. presentation to the family of Kevin White; Resolved, That the Senate— SA 1503. Mr. TESTER (for himself and Mr. and (1) condemns the Cuban regime for the COCHRAN) submitted an amendment intended (2) when the Senate adjourns today, it death of Wilman Villar Mendoza on January to be proposed to amendment SA 1470 pro- stand adjourned as a mark of respect to the 19, 2011, following a hunger strike to protest posed by Mr. REID (for himself, Mr. BROWN of

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Massachusetts, Mr. LIEBERMAN, Ms. COLLINS, term is defined or modified pursuant to the (ii) whether the loan is a purchase loan or Mrs. GILLIBRAND, Mr. LEVIN, and Mr. second sentence of section 2A of the Federal a refinance, and for refinance loans— FRANKEN) to the bill S. 2038, supra. Reserve Act (as added by this section); (I) the date on which the refinanced loan SA 1504. Mr. COONS submitted an amend- (2) a description of the intermediate vari- was originated; ment intended to be proposed by him to the ables used by the Board to gauge the pros- (II) the identity of the lender on the refi- bill S. 2038, supra; which was ordered to lie pects for achieving the objective of long- nanced loan; and on the table. term price stability; and (III) the unpaid principal balance of the re- SA 1505. Mr. PORTMAN submitted an (3) the definition, or any modifications financed loan that was repaid by the new amendment intended to be proposed by him thereto, of the term long-term price sta- loan; to the bill S. 2038, supra; which was ordered bility, as such term is defined or modified (iii) the value of the collateral property on to lie on the table. pursuant to the second sentence of section which the lender relied, and how the lender SA 1506. Mrs. HUTCHISON submitted an 2A of the Federal Reserve Act (as added by determined the value; amendment intended to be proposed by her this section). (iv) the credit score or scores that the to the bill S. 2038, supra; which was ordered lender used or on which it relied, and the en- to lie on the table. SA 1497. Mr. CORKER submitted an tity that supplied each; SA 1507. Mr. REED submitted an amend- amendment intended to be proposed by (v) debt-to-income ratios, including— ment intended to be proposed by him to the him to the bill S. 2038, to prohibit (I) the ratio of the total debt of the bor- bill S. 2038, supra; which was ordered to lie Members of Congress and employees of rower and coborrowers, expressed as a on the table. Congress from using nonpublic infor- monthly payment amount, to the total cur- SA 1508. Mr. REED submitted an amend- mation derived from their official posi- rent and expected future income of the bor- ment intended to be proposed by him to the rower and any coborrowers on which the tions for personal benefit, and for other lender relied, expressed as a monthly income bill S. 2038, supra; which was ordered to lie purposes; which was ordered to lie on on the table. amount; and SA 1509. Mr. VITTER submitted an amend- the table; as follows: (II) the ratio of the first scheduled payment intended to be proposed by him to the At the end, add the following: ment on the loan, expressed as a monthly bill S. 2038, supra; which was ordered to lie TITLE II—RESIDENTIAL MORTGAGE MAR- payment amount, to the total current and on the table. KET PRIVATIZATION AND STANDARD- expected future income of the borrower and SA 1510. Mr. ENZI submitted an amend- IZATION any coborrowers on which the lender relied, ment intended to be proposed by him to the SEC. 201. SHORT TITLE. expressed as a monthly income amount; bill S. 2038, supra; which was ordered to lie This title may be cited as the ‘‘Residential (vi) the total value of borrower assets, but on the table. Mortgage Market Privatization and Stand- not including the value of the collateral and ardization Act of 2012’’. not including income, on which the lender f relied; SEC. 202. DEFINITIONS. TEXT OF AMENDMENTS For purposes of this title, the following (vii) the principal amount of the loan; definitions shall apply: (viii) the interest rate on the loan; (ix) if the interest rate may adjust under SA 1496. Mr. CORKER submitted an (1) COVERED MORTGAGE LOAN.— the loan terms, the terms and limits of any amendment intended to be proposed by (A) IN GENERAL.—The term ‘‘covered mort- permissible adjustment, including the index him to the bill S. 2038, to prohibit gage loan’’ means any residential mortgage and margin, if applicable, when the rate may Members of Congress and employees of loan, including any single-family and multi- adjust, and any caps or floors on any such family loan, that is originated, serviced, or Congress from using nonpublic infor- adjustment; subserviced, in whole or in part, owned di- mation derived from their official posi- (x) if the principal may increase under the rectly or indirectly, including through any tions for personal benefit, and for other loan terms at origination, the terms and lim- interest in a security that is backed in whole purposes; which was ordered to lie on its of any permissible increase, including or in part by a mortgage loan, or securitized when the increase or increases may occur, the table; as follows: or resecuritized, by an entity or affiliate or At the appropriate place, insert the fol- how the amount and timing of any increase subsidiary thereof that is regulated by any is determined, and any caps on any such in- lowing: of the agencies listed in subparagraph (B). creases; SEC. ll. AMENDMENTS TO THE FEDERAL RE- (B) AGENCIES.—The agencies listed in this (xi) if the payment amount may adjust, SERVE ACT. subparagraph are— independently of a rate adjustment or of an (a) MAINTENANCE OF LONG RUN GROWTH; (i) the Board of Governors of the Federal increase in the principal amount, the terms PRICE STABILITY AND LOW INFLATION.—Sec- Reserve System; and limits of any permissible adjustment, in- tion 2A of the Federal Reserve Act (12 U.S.C. (ii) the Department of Agriculture; cluding when the adjustment may occur, 225a) is amended— (iii) the Department of Housing and Urban how the amount and timing of any adjust- (1) by striking ‘‘maximum employment, Development; ment is determined, and any caps or floors stable prices,’’ and inserting ‘‘long-term (iv) the Federal Deposit Insurance Corpora- on any such adjustments; price stability, a low rate of inflation,’’; and tion; (xii) whether, under the loan terms, the (2) by at the end the following: ‘‘The Board (v) the Federal Housing Finance Agency; borrower may be required to pay any prepay- shall establish an explicit numerical defini- (vi) the Farm Credit Administration; ment penalty, and if so, the potential tion of the term ‘long-term price stability’ (vii) the Federal Trade Commission; amount and timing of any such penalty; and shall maintain monetary policy that ef- (viii) the Office of the Comptroller of the (xiii) any permissible grace periods and fectively promotes such long-term price sta- Currency; late fees under the loan terms, including fee bility.’’. (ix) the National Credit Union Administra- amounts permitted on the loan; (b) RULE OF CONSTRUCTION.—The amend- tion; and (xiv) whether the borrower or any cobor- ments made by subsection (a) shall not be (x) the Securities and Exchange Commis- rower has stated an intent to reside in the construed as a limitation on the authority or sion. property as a principal residence; responsibility of the Board of Governors of (2) ENTERPRISES.—The term ‘‘enterprises’’ (xv) whether the loan is assumable under the Federal Reserve System— means, individually and collectively, the the loan terms at origination and if so, the (1) to provide liquidity to markets in the Federal National Mortgage Association and conditions on which any assumption may be event of a disruption that threatens the the Federal Home Loan Mortgage Corpora- denied; smooth functioning and stability of the fi- tion. (xvi) whether the originating lender was or nancial sector; or (3) FHFA; DIRECTOR.—The terms ‘‘FHFA’’ is aware of any subordinate or senior lien on (2) to serve as a lender of last resort under and ‘‘Director’’ mean the Federal Housing the property at the time at which the loan the Federal Reserve Act when the Board de- Finance Agency and the Director thereof, re- was originated, and if so, the identity of all termines such action is necessary. spectively. lenders or other lienholders of such other (c) CONGRESSIONAL OVERSIGHT.—The Board (4) MORTGAGE DATA.— loans, the relative lien position of each, and of Governors of the Federal Reserve System (A) IN GENERAL.—The Director shall define the date of origination of each lien if it se- shall, concurrent with each semiannual hear- mortgage data, by regulation, consistent cures a mortgage loan; ing to Congress, submit a written report to with this paragraph. (xvii) the type of mortgage insurance relat- the Congress containing— (B) SINGLE-FAMILY LOANS.—For single-fam- ing to the loan, including who pays it, and (1) numerical measures to help Congress ily covered mortgage loans, the term ‘‘mort- the amount and scheduled payment dates of assess the extent to which the Board and the gage data’’ means, as of the date of origina- any premiums; Federal Open Market Committee are achiev- tion— (xviii) whether flood insurance is required ing and maintaining a legitimate definition (i) the loan origination date and the loan in connection with the loan, and if so, the of the term long-term price stability, as such maturity date; amount and timing of premiums;

VerDate Sep 11 2014 12:06 Feb 23, 2017 Jkt 019102 PO 00000 Frm 00035 Fmt 0686 Sfmt 0634 E:\BR12\S01FE2.001 S01FE2 rmajette on DSK2TPTVN1PROD with BOUND RECORD February 1, 2012 CONGRESSIONAL RECORD—SENATE, Vol. 158, Pt. 1 587 (xix) whether the loan has an escrow ac- and extent of the damage and of any repairs, data relating to covered mortgage loans into count and if so, the amount of the initial de- the amount of insurance proceeds paid, the the public domain, in accordance with this posit into the escrow account and the amount of such proceeds disbursed or paid to title and the regulations issued under this amount of the monthly payments scheduled the borrower, and the amount held by the title. Such regulations shall require that the to be deposited into the escrow account; servicer, and the date and results of any in- data be reasonably accurate and complete. (xx) the amount of points, fees, and settle- spection done by or on behalf of the servicer. (c) MANNER AND FORM OF DATA.—Not later ment charges paid to originate the loan, in- (E) ADJUSTMENTS CONSISTENT WITH THE than 1 year after the date of enactment of cluding the amount of any compensation PURPOSES OF THIS TITLE.—The Director may this Act, the Director shall, by regulation— paid to a mortgage broker, and who paid it; adjust the items that are included in or ex- (1) establish the manner and form by which (xxi) whether the borrower or borrowers cluded from the definition of mortgage data all mortgage data required to be put into the have any payment assistance at origination, consistent with this title, as appropriate to public domain by this section shall be put such as government or private subsidies or protect the privacy of individual consumers. into the public domain; and buydowns, and if so, the amounts, terms, and (F) PRIVACY.—The regulations required by (2) require that such mortgage data be timing of such assistance; and subparagraph (A) may require rounding off of made available in a uniform manner, in a (xxii) the address of the real property se- the debt to income ratios required to be inform designed for uniformity of data defini- curing the mortgage loan. cluded as mortgage data to protect the pri- tions and forms, ease and speed of access, (C) MULTIFAMILY LOANS.—For multifamily vacy of the borrower, taking into consider- ease and speed of downloading, and ease and covered mortgage loans, the term ‘‘mortgage ation the information that is already avail- speed of use. data’’ means, as of the date of origination— able on the Internet or in other ways. (d) UPDATE.—All entities required to put (i) the number of dwelling units in each SEC. 203. GSE WINDDOWN. mortgage data into the public domain under property securing each loan; (a) FANNIE MAE.—Section 304 of the Na- this title shall continuously update the (ii) the rent on each dwelling unit, or, if tional Housing Act (12 U.S.C. 1719) is amend- mortgage data, not less frequently than more than 1 has the same rent, the number ed by adding at the end the following: monthly, as long as the entities exist, of units at each rent level; ‘‘(h) WINDDOWN OF ENTERPRISES.— whether in conservatorship, receivership, or (iii) the occupancy status of each dwelling ‘‘(1) ANNUAL GUARANTEE REDUCTIONS.—Not otherwise. All updates shall be reasonably unit; later than 180 days after the date of enact- accurate and complete. (iv) whether the rent is subsidized by any ment of the Mortgage Market Privatization (e) RESPONSIBILITY OF REGULATED ENTI- government agency and, if so, in what and Standardization Act of 2011, and annu- TIES.—The mortgage data required to be put amounts, under what terms and conditions, ally thereafter, the Director shall begin re- into the public domain in accordance with and for what period of time; ducing the percentage of the value of a trust this title shall include all mortgage data re- (v) whether the rent on the units is cur- certificate or other security that may be lated to all covered mortgage loans, to the rent, and if not, how many days or months guaranteed by the corporation by not less extent practicable. the rent for each unit is delinquent; and than 10 percent per year. (f) DUPLICATION OF EFFORT.—If 2 or more (vi) all of the information described in sub- ‘‘(2) STRUCTURE.—The percentage of the entities are required by this title to report paragraph (B), except as modified by the Di- bond guaranteed by the corporation can be the same mortgage data relating to the same rector, by regulation, consistent with this structured on either a pro-rata or senior-sub- mortgage loan, they may, by agreement, de- title. ordinated basis, as determined by the Direc- termine that only 1 of such entities will re- (D) AFTER ORIGINATION.—For both single- port the data. If 1 of such entities reports the family and multifamily covered mortgage tor. The Director shall pursue a strategy required mortgage data, it shall not be a vio- loans, beginning the day after the date of that allows for market signals to assist Con- lation of this section for the other entities origination of the loan, and reported not less gress and the Director to monitor and assess not to report the data. frequently than monthly thereafter until the the price that private market participants (g) DATE OF ACCESS TO DATA.—The Direc- loan ceases to exist, the term ‘‘mortgage are assigning to mortgage credit risk. tor shall establish, and cause to be published data’’ includes— ‘‘(3) MORTGAGE-BACKED SECURITIES.—The in the Federal Register, the initial date on (i) the amount and date of payments re- existing portfolio of mortgage-backed securi- which— ceived each month, including— ties of the corporation shall be reduced by (I) whether each payment is received by not less than 20 percent per year.’’. (1) the public shall begin to have access to the due date or within a grace period, and if (b) FREDDIE MAC.—Section 305 of the Fed- any data put into the public domain in ac- a payment is received after the scheduled eral Home Loan Mortgage Corporation Act cordance with this title; and due date, how many days past due; (12 U.S.C. 1454) is amended by adding at the (2) all mortgage data is required to be put (II) the amount of any payment deposited end the following: into the public domain, in accordance with into an escrow account; ‘‘(d) WINDDOWN OF ENTERPRISES.— this title. (III) amounts paid for other loan charges, ‘‘(1) ANNUAL GUARANTEE REDUCTIONS.—Not (h) COSTS TO FHFA.—The FHFA shall pay with an identification of the amount and later than 180 days after the date of enact- the cost of establishing the database of type of such other charge; and ment of the Mortgage Market Privatization mortgage data that is put into the public do- (IV) the amount of any prepayments; and Standardization Act of 2011, and annu- main under this section, and of providing (ii) for loans on which any payment or par- ally thereafter, the Director shall begin republic access to that database. If the FHFA tial payment is overdue, the number of days ducing the percentage of the value of a trust ever ceases to exist without being replaced, since the loan was current; certificate or other security that may be and unless otherwise provided by Act of Con- (iii) whether property taxes, hazard insur- guaranteed by the corporation by not less gress, the cost of maintaining the database ance premiums, and any flood insurance pre- than 10 percent per year. shall be borne by the remaining agencies miums required in connection with the loan ‘‘(2) STRUCTURE.—The percentage of the named in section 202(1)(B), by agreement. are paid by the borrower or borrowers as re- bond guaranteed by the corporation can be SEC. 205. ENCOURAGING A MARKET FOR HIGH quired, and if any such item is not paid as re- structured on either a pro-rata or senior-sub- QUALITY RESIDENTIAL MORTGAGE quired— ordinated basis, as determined by the Direc- FUTURES. (I) the number of days since the payment tor. The Director shall pursue a strategy (a) IN GENERAL.—Subpart A of part 2 of was required, and the amount of the missed that allows for market signals to assist Con- subtitle A of the Federal Housing Enter- payment; gress and the Director to monitor and assess prises Financial Safety and Soundness Act of (II) whether the servicer or other party on the price that private market participants 1992 (12 U.S.C. 4541 et seq.) is amended by behalf of the servicer paid property taxes on are assigning to mortgage credit risk. adding at the end the following: the property, and in what amount; and ‘‘(3) MORTGAGE-BACKED SECURITIES.—The ‘‘SEC. 1327. ENCOURAGING A MARKET FOR HIGH (III) whether the servicer or other party on existing portfolio of mortgage-backed securi- QUALITY RESIDENTIAL MORTGAGE behalf of the servicer force-placed hazard or ties of the corporation shall be reduced by FUTURES. flood insurance, and if so, the amount of the not less than 20 percent per year.’’. ‘‘(a) DEFINITIONS.—In this section, the fol- premium and the identity of the insurer; SEC. 204. RESIDENTIAL MORTGAGE MARKET lowing definitions shall apply: (iv) the amount of any interest paid to the TRANSPARENCY. ‘‘(1) DELIVERABLE RESIDENTIAL MORT- borrower on any escrow; (a) IN GENERAL.—Mortgage data relating to GAGE.— (v) the type and date of any actions taken all covered mortgage loans shall be put into ‘‘(A) IN GENERAL.—The terms ‘deliverable by or on behalf of the servicer due to default, the public domain in accordance with this residential mortgage’ and ‘DRM’ have the including nonpayment default, and the section. meaning given those terms by rule of the Di- amount charged to the borrower or bor- (b) AGENCY ACTION.—Each agency named in rector, in consultation with participants in rowers as a result of the action or actions; section 202(1)(B) shall, not later than 1 year the TBA market, taking into consideration and after the date of enactment of this Act, re- underwriting and product features that his- (vi) if the servicer is aware of any damage quire, by regulation, that all entities regu- torical loan performance data indicate result to the property securing the loan, the type lated by such agency shall put mortgage in a lower risk of default, such as—

VerDate Sep 11 2014 12:06 Feb 23, 2017 Jkt 019102 PO 00000 Frm 00036 Fmt 0686 Sfmt 0634 E:\BR12\S01FE2.001 S01FE2 rmajette on DSK2TPTVN1PROD with BOUND RECORD 588 CONGRESSIONAL RECORD—SENATE, Vol. 158, Pt. 1 February 1, 2012 ‘‘(i) documentation and verification of the under section 1327 of the Federal Housing FHFA and the Secretary of Housing and financial resources relied upon to qualify the Enterprises Financial Safety and Soundness Urban Development— mortgagor; Act of 1992.’’. (1) shall review the standards established ‘‘(ii) standards with respect to— (2) SECURITIES EXCHANGE ACT OF 1934.—Sec- under this section not less frequently than ‘‘(I) the residual income of the mortgagor tion 3(a)(12)(A) of the Securities Exchange every 5 years; and after all monthly obligations; Act of 1934 (15 U.S.C. 78c(a)(12)(A)) is amend- (2) based on the review under paragraph (1), ‘‘(II) the ratio of the housing payments of ed— may revise the standards established under the mortgagor to the monthly income of the (A) by redesignating clauses (vi) and (vii) this section, as the Federal banking agen- mortgagor; and as clauses (vii) and (viii), respectively; and cies, in consultation with the FHFA and the ‘‘(III) the ratio of total monthly install- (B) by inserting after clause (v) the fol- Secretary of Housing and Urban Develop- ment payments of the mortgagor to the in- lowing: ment, determine to be necessary. come of the mortgagor; ‘‘(vi) any mortgage-backed security (c) COMPLIANCE.—It shall be a violation of ‘‘(iii) mitigating the potential for payment collateralized exclusively by deliverable resi- Federal law— shock on adjustable rate mortgages through dential mortgages, as such term is defined (1) for any mortgage loan originator to fail product features and underwriting standards; under section 1327 of the Federal Housing to comply with the minimum standards for ‘‘(iv) mortgage guarantee insurance or Enterprises Financial Safety and Soundness mortgage underwriting established under other types of insurance or credit enhance- Act of 1992;’’. subsection (a) in originating a residential ment obtained at the time of origination, to SEC. 206. MONETIZATION OF BUSINESS VALUE. mortgage loan; the extent such insurance or credit enhance- Pursuant to the authority of the Director (2) for any company to maintain an exten- ment reduces the risk of default; and as conservator of the enterprises under sec- sion of credit on a revolving basis to any per- ‘‘(v) prohibiting or restricting the use of tion 1367 of the Federal Housing Enterprises son to fund a residential mortgage loan, un- balloon payments, negative amortization, Financial Safety and Soundness Act of 1992 less the company reasonably determines that prepayment penalties, interest-only pay- (12 U.S.C. 4617), the Director shall— the residential mortgage loan funded by such ments, and other features that have been (1) identify any property of the enterprises credit was subject to underwriting standards demonstrated to exhibit a higher risk of bor- that would be of value to nongovernmental no less stringent than the minimum stand- rower default. entities, including— ards for mortgage underwriting established ‘‘(B) LIMITATION ON DEFINITION.—The Direc- (A) historical databases containing infor- under subsection (a); or tor, in defining the term ‘deliverable residen- mation on prepayment, delinquency, and de- (3) for any company to purchase, fund by tial mortgage’, as required by subparagraph fault rates; assignment, or guarantee a residential mort- (B), shall define that term to be no broader (B) proprietary home price indices; gage loan, unless the company reasonably than the definition of the term ‘qualified (C) technology used in the securitization of determines that the residential mortgage mortgage’, as provided under section mortgages; and loan was subject to underwriting standards 129C(c)(2) of the Truth in Lending Act and (D) patents relating to the securitization no less stringent than the minimum stand- regulations adopted thereunder. of mortgages, automated underwriting sys- ards for mortgage underwriting established tems, and other processes; and ‘‘(2) PARTICIPANT IN THE TBA MARKET.—The under subsection (a). (2) sell any property identified under para- term ‘participant in the TBA market’ means (d) IMPLEMENTATION.— graph (1) to nongovernmental entities. a private investor in or dealer of mortgage- (1) REGULATIONS REQUIRED.—The Federal backed securities, particularly mortgage- SEC. 207. UNIFORM UNDERWRITING STANDARDS. banking agencies, in consultation with the backed securities issued by the enterprises, (a) STANDARDS ESTABLISHED.—Notwith- FHFA, shall issue regulations to implement that routinely enters into forward contracts standing any other provision of this title or subsections (a) and (c), which shall take ef- for the sale of mortgage-backed securities any other provision of Federal, State, or fect not later than 270 days after the date of local law, the Federal banking agencies (as that do not specify the particular mortgage- enactment of this Act. that term is defined in section 3 of the Fed- backed securities that will be delivered to (2) REPORT REQUIRED.—If the Federal bank- eral Deposit Insurance Act (12 U.S.C. 1813)), the buyer. ing agencies have not issued final regula- in consultation with the FHFA and the Sec- ‘‘(3) PROGRAM.—The term ‘program’ means tions under subsections (a) and (c) before the retary of Housing and Urban Development, the program established under subsection shall jointly establish specific minimum date that is 270 days after the date of enact- (b). standards for mortgage underwriting, includ- ment of this Act, the Federal banking agen- ‘‘(4) DRM FUTURES MARKET.—The term ing— cies shall jointly submit to the Committee ‘DRM futures market’ means a market for (1) a requirement that the mortgagee on Banking, Housing, and Urban Affairs of forward contracts for the sale of mortgage- verify and document the income and assets the Senate and the Committee on Financial backed securities collateralized exclusively relied upon to qualify the mortgagor on the Services of the House of Representatives a by deliverable residential mortgages. residential mortgage, including the previous report that— ‘‘(5) TBA MARKET.—The term ‘TBA market’ employment and credit history of the mort- (A) explains why final regulations have not means the market for forward contracts for gagor; and been issued under subsections (a) and (c); and the sale of mortgage-backed securities that (2) a down payment requirement that— (B) provides a timeline for the issuance of do not specify the particular mortgage- (A) is equal to not less than 5 percent of final regulations under subsections (a) and backed securities that will be delivered to the purchase price of the property securing (c). the buyer. the residential mortgage; (e) ENFORCEMENT.—Compliance with the ‘‘(b) PROGRAM ESTABLISHED.—The Director, (B) in the case of a first lien residential rules issued under this section shall be en- in consultation with participants in the TBA mortgage loan with an initial loan to value forced by— market, shall establish a program to encour- ratio that is more than 80 percent and not (1) the primary financial regulatory agency age the development of a DRM futures mar- more than 95 percent, includes a requirement as that term is defined under section 2 of the ket that— for credit enhancements, as defined by the Dodd-Frank Wall Street Reform and Con- ‘‘(1) compliments the TBA market; Federal banking agencies, until the loan to sumer Protection Act (12 U.S.C. 5301) of an ‘‘(2) creates incentives for trading by par- value ratio of the residential mortgage loan entity, with respect to an entity subject to ticipants in the TBA market; and amortizes to a value that is less than 80 per- the jurisdiction of a primary financial regu- ‘‘(3) has the potential to replace the TBA cent of the purchase price; latory agency, in accordance with the stat- market. (C) uses a method for determining the abil- utes governing the jurisdiction of the pri- ‘‘(c) TECHNOLOGY AND INFRASTRUCTURE.— ity of the mortgagor to repay the residential mary financial regulatory agency over the The Director shall consult with participants mortgage that is based on factors includ- entity, and as if the action of the primary fi- in the TBA market to develop the tech- ing— nancial regulatory agency were taken under nology and infrastructure necessary to carry (i) all terms of the residential mortgage, such statutes; and out the program established under this sec- including principal payments that fully am- (2) the Bureau of Consumer Financial Pro- tion. ortize the balance of the residential mort- tection, with respect to a company that is ‘‘(d) ANNUAL REPORT.—The Director shall gage over the term of the residential mort- not subject to the jurisdiction of a primary submit to Congress an annual report on the gage; and financial regulatory agency. program established under this section.’’. (ii) the debt to income ratio of the mort- (f) EXEMPTIONS FOR CERTAIN NONPROFIT (b) SECURITIES LAWS EXEMPTIONS.— gagor; and MORTGAGE LOAN ORIGINATORS.— (1) SECURITIES ACT OF 1933.—Section 3(a) of (D) any other specific standards that the (1) IN GENERAL.—Not later than 180 days the Securities Act of 1933 (15 U.S.C. 77c(a)) is Federal banking agencies jointly determine after the date of enactment of this Act, the amended by adding at the end the following: are appropriate to ensure prudent under- Federal banking agencies, in consultation ‘‘(14) Any mortgage-backed security writing of residential mortgages. with the Secretary of Housing and Urban De- collateralized exclusively by deliverable resi- (b) UPDATES TO STANDARDS.—The Federal velopment and the Secretary of the Treas- dential mortgages, as such term is defined banking agencies, in consultation with the ury, may jointly issue rules to exempt from

VerDate Sep 11 2014 12:06 Feb 23, 2017 Jkt 019102 PO 00000 Frm 00037 Fmt 0686 Sfmt 0634 E:\BR12\S01FE2.001 S01FE2 rmajette on DSK2TPTVN1PROD with BOUND RECORD February 1, 2012 CONGRESSIONAL RECORD—SENATE, Vol. 158, Pt. 1 589 the requirements under subsection (a)(2), (A) means any extension of credit pri- SEC. 210. REPEAL OF CHARTER ACTS. mortgage loan originators that are exempt marily for personal, family, or household use Effective on the date on which the enter- from taxation under section 501(c)(3) of the that is secured by a mortgage, deed of trust, prises have no outstanding obligations pur- Internal Revenue Code of 1986. or other equivalent security interest in a suant to the winddown required by section (2) DETERMINING FACTORS.—The Federal dwelling or residential real estate upon 304(h) of the National Housing Act (as added banking agencies shall ensure that— which is constructed or intended to be con- by this title) and in section 305(d) of the Fed- (A) the lending activities of a mortgage structed a dwelling; and eral Home Loan Mortgage Corporation Act loan originator that receives an exemption (B) does not include a mortgage loan for (as added by this title), respectively— under this subsection do not threaten the which mortgage insurance is provided by the (1) the Federal National Mortgage Associa- safety and soundness of the banking system Department of Veterans Affairs or the Rural tion Charter Act (12 U.S.C. 1716 et seq.) is re- of the United States; and Housing Administration. pealed, and the charter of the Federal Na- (B) a mortgage loan originator that re- (4) EXTENSION OF CREDIT; DWELLING.—The tional Mortgage Association is rescinded; ceives an exemption under this subsection— terms ‘‘extension of credit’’ and ‘‘dwelling’’ and (i) is not compensated based on the number have the same meanings as in section 103 of (2) the Federal Home Loan Mortgage Cor- or value of residential mortgage loan appli- the Truth in Lending Act (15 U.S.C. 1602). poration Act (12 U.S.C. 1451 et seq.) is re- cations accepted, offered, or negotiated by (i) REPEAL OF CREDIT RISK RETENTION AND pealed, and the charter of the Federal Home the mortgage loan originator; QRM RULES.—Section 15G of the Securities Loan Mortgage Corporation is rescinded. (ii) does not offer residential mortgage Exchange Act of 1934 (15 U.S.C. 78o–11) is re- loans that have an interest rate greater than pealed, and any rule or regulation promul- zero percent; gated under that section shall have no force SA 1498. Mr. BLUMENTHAL (for (iii) does not gain a monetary profit from or effect, effective on the date of enactment himself and Mr. KIRK) submitted an any residential mortgage product or service of this Act. amendment intended to be proposed to provided; SEC. 208. RESIDENTIAL MORTGAGE SERVICING amendment SA 1470 proposed by Mr. (iv) has the primary purpose of serving low STANDARDS. REID (for himself, Mr. BROWN of Massa- income housing needs; (a) UNIFORM PSA.— IEBERMAN OLLINS (v) has not been specifically prohibited, by (1) DEVELOPMENT.— chusetts, Mr. L , Ms. C , statute, from receiving Federal funding; and (A) IN GENERAL.—The Director, in con- Mrs. GILLIBRAND, Mr. LEVIN, and Mr. (vi) meets any other requirements that the sultation with the Secretary of the Treasury FRANKEN) to the bill S. 2038, to prohibit Federal banking agencies jointly determine and the Board of Governors of the Federal Members of Congress and employees of are appropriate for ensuring that a mortgage Reserve System, shall, not later than 1 year Congress from using nonpublic infor- loan originator that receives an exemption after the date of enactment of this Act, de- mation derived from their official posi- under this subsection does not threaten the velop a uniform pooling and servicing agree- safety and soundness of the banking system tions for personal benefit, and for other ment (in this section referred to as a ‘‘uni- purposes; as follows: of the United States. form PSA’’). The Director shall work with (3) REPORTS REQUIRED.—Before the industry groups, including servicers, origina- At the appropriate place, insert the fol- issuance of final rules under subsection (a), tors, and mortgage investors to develop the lowing: and annually thereafter, the Federal banking uniform PSA. agencies shall jointly submit to the Com- SEC. ll. APPLICATION TO OTHER ELECTED OF- RITERIA (B) C .—The uniform PSA shall— FICIALS AND CRIMINAL OFFENSES. mittee on Banking, Housing, and Urban Af- (i) address all issues relating to the pool fairs of the Senate and the Committee on Fi- trustee, and shall be based on pooling and (a) APPLICATION TO OTHER ELECTED OFFI- nancial Services of the House of Representa- servicing agreements in use by the enter- CIALS.— tives a report that— prises on the date of enactment of this Act; (1) CIVIL SERVICE RETIREMENT SYSTEM.— (A) identifies the mortgage loan origina- and Section 8332(o)(2)(A) of title 5, United States tors that receive an exemption under this (ii) create uniform loss mitigation stand- Code, is amended— subsection; and ards, including standards for a single point (A) in clause (i), by inserting ‘‘, the Presi- (B) for each mortgage loan originator iden- of contact for troubled borrowers, an indus- dent, the Vice President, or an elected offi- tified under subparagraph (A), explains the try wide net-present-value model for deter- cial of a State or local government’’ after rationale for providing an exemption. mining when to conduct a loan modification ‘‘Member’’; and (4) UPDATES TO EXEMPTIONS.—The Federal (B) in clause (ii), by inserting ‘‘, the Presi- banking agencies, in consultation with the rather than foreclosure, and national standards for the foreclosure process. dent, the Vice President, or an elected offi- Secretary of Housing and Urban Develop- cial of a State or local government’’ after ment and the Secretary of the Treasury— (2) EFFECT OF UNIFORM PSA.—Beginning 1 year after the date of enactment of this Act, ‘‘Member’’. (A) shall review the exemptions estab- (2) FEDERAL EMPLOYEES RETIREMENT SYS- lished under this subsection, not less fre- all mortgage backed securities issued by national or State chartered banks in the TEM.—Section 8411(l)(2) of title 5, United quently than every 2 years; and States Code, is amended— (B) based on the review under subpara- United States will be affected in accordance with the uniform PSA. (A) in subparagraph (A), by inserting ‘‘, the graph (A), may revise the standards estab- President, the Vice President, or an elected lished under this subsection, as the Federal (b) MERS 2.—The Director shall establish, by rule, a Mortgage Electronic Registration official of a State or local government’’ after banking agencies, in consultation with the ‘‘Member’’; and Secretary of Housing and Urban Develop- System (in this section referred to as (B) in subparagraph (B), by inserting ‘‘, the ment and the Secretary of the Treasury, de- ‘‘MERS2’’) based on the Mortgage Electronic President, the Vice President, or an elected termine to be necessary. Registration System in use on the date of official of a State or local government’’ after (g) RULES OF CONSTRUCTION.—Nothing in enactment of this Act. MERS2 shall incor- this section may be construed to permit— porate a single national database for all ‘‘Member’’. (1) the enterprises to make or guarantee a mortgage title transfers, to be maintained (b) CRIMINAL OFFENSES.—Section 8332(o)(2) residential mortgage loan that does not meet and operated by FHFA. The rules of the Di- of title 5, United States Code, is amended— the minimum underwriting standards estab- rector shall ensure that property title is (1) in subparagraph (A), by striking clause lished under this section; or transferred in accordance with all applicable (iii) and inserting the following: (2) the Federal banking agencies to issue provisions of law. All mortgage transfers ‘‘(iii) The offense— an exemption under subsection (f) that is not shall take place according to national stand- ‘‘(I) is committed after the date of enact- on a case-by-case basis. ards and shall be recorded in the MERS2 sys- ment of this subsection and— (h) DEFINITIONS.—In this section, the fol- tem. ‘‘(aa) is described under subparagraph lowing definitions shall apply: (c) UNIFORM REGULATORY PRACTICES.—The (B)(i), (iv), (xvi), (xix), (xxiii), (xxiv), or (1) COMPANY.—The term ‘‘company’’— Comptroller of the Currency, Chairperson of (xxvi); or (A) has the same meaning as in section 2(b) the Federal Deposit Insurance Corporation, ‘‘(bb) is described under subparagraph of the Bank Holding Company Act of 1956 (12 Director, Chairman of the Board of Gov- (B)(xxix), (xxx), or (xxxi), but only with re- U.S.C. 1841(b)); and ernors of the Federal Reserve System, and spect to an offense described under subpara- (B) includes a sole proprietorship. Director of the Bureau of Consumer Finan- graph (B)(i), (iv), (xvi), (xix), (xxiii), (xxiv), (2) MORTGAGE LOAN ORIGINATOR.—The term cial Protection shall, jointly, under the di- or (xxvi); or ‘‘mortgage loan originator’’ means any com- rection of the Director, develop uniform reg- ‘‘(II) is committed after the date of enact- pany that takes residential mortgage loan ulatory practices for the mortgage market. ment of the STOCK Act and— applications and offers or negotiates terms SEC. 209. PROHIBITION ON NEW BUSINESS. ‘‘(aa) is described under subparagraph of residential mortgage loans. The enterprises are prohibited from initi- (B)(ii), (iii), (v), (vi), (vii), (viii), (ix), (x), (xi), (3) RESIDENTIAL MORTGAGE LOAN.—The ating or engage in new lines of business on (xii), (xiii), (xiv), (xv), (xvii), (xviii), (xx), term ‘‘residential mortgage loan’’— and after the date of enactment of this Act. (xxi), (xxii), (xxv), (xxvii), or (xxviii); or

VerDate Sep 11 2014 12:06 Feb 23, 2017 Jkt 019102 PO 00000 Frm 00038 Fmt 0686 Sfmt 0634 E:\BR12\S01FE2.001 S01FE2 rmajette on DSK2TPTVN1PROD with BOUND RECORD 590 CONGRESSIONAL RECORD—SENATE, Vol. 158, Pt. 1 February 1, 2012 ‘‘(bb) is described under subparagraph ‘‘(xxiii) An offense under section 1957 of (B) in paragraph (3)(A)— (B)(xxix), (xxx), or (xxxi), but only with re- title 18 (relating to engaging in monetary (i) in clause (i), by striking ‘‘subsection spect to an offense described under subpara- transactions in property derived from speci- (d)(1)(G)’’ and inserting ‘‘subsection graph (B)(ii), (iii), (v), (vi), (vii), (viii), (ix), fied unlawful activity). (d)(1)(F)’’; and (x), (xi), (xii), (xiii), (xiv), (xv), (xvii), (xviii), ‘‘(xxiv) An offense under chapter 96 of title (ii) in clause (ii), by striking ‘‘subsection (xx), (xxi), (xxii), (xxv), (xxvii), or (xxviii).’’; 18 (relating to racketeer influenced and cor- (d)(1)(G)(v)’’ and inserting ‘‘subsection and rupt organizations). (d)(1)(F)(v)’’. (2) by striking subparagraph (B) and insert- ‘‘(xxv) An offense under section 7201 of the ing the following: Internal Revenue Code of 1986 (relating to at- SA 1500. Mr. INHOFE (for himself ‘‘(B) An offense described in this subpara- tempt to evade or defeat tax). and Mrs. HUTCHISON) submitted an graph is only the following, and only to the ‘‘(xxvi) An offense under section 104(a) of amendment intended to be proposed to extent that the offense is a felony: the Foreign Corrupt Practices Act of 1977 amendment SA 1470 proposed by Mr. ‘‘(i) An offense under section 201 of title 18 (relating to prohibited foreign trade prac- REID (for himself, Mr. BROWN of Massa- (relating to bribery of public officials and tices by domestic concerns). chusetts, Mr. LIEBERMAN, Ms. COLLINS, witnesses). ‘‘(xxvii) An offense under section 10(b) of ‘‘(ii) An offense under section 203 of title 18 the Securities Exchange Act of 1934 (relating Mrs. GILLIBRAND, Mr. LEVIN, and Mr. (relating to compensation to Member of Con- to fraud, manipulation, or insider trading of FRANKEN) to the bill S. 2038, to prohibit gress, officers, and others in matters affect- securities). Members of Congress and employees of ing the Government). ‘‘(xxviii) An offense under section 4c(a) of Congress from using nonpublic infor- ‘‘(iii) An offense under section 204 of title the Commodity Exchange Act (7 U.S.C. 6c(a)) mation derived from their official posi- 18 (relating to practice in the United States (relating to fraud, manipulation, or insider tions for personal benefit, and for other Court of Federal Claims or the Unites States trading of commodities). purposes; as follows: Court of Appeals for the Federal Circuit by ‘‘(xxix) An offense under section 371 of title Member of Congress). 18 (relating to conspiracy to commit offense At the end of the amendment, insert the ‘‘(iv) An offense under section 219 of title 18 or to defraud United States), to the extent of following: (relating to officers and employees acting as any conspiracy to commit an act which con- SEC. ll. PROHIBITION ON UNAUTHORIZED EAR- agents of foreign principals). stitutes— MARKS. ‘‘(v) An offense under section 286 of title 18 ‘‘(I) an offense under clause (i), (ii), (iii), (a) IN GENERAL.—It shall not be in order to (relating to conspiracy to defraud the Gov- (iv), (v), (vi), (vii), (viii), (ix), (x), (xi), (xii), consider a bill, joint resolution, conference ernment with respect to claims). (xiii), (xiv), (xv), (xvi), (xvii), (xviii), (xix), report, or amendment that provides an ear- ‘‘(vi) An offense under section 287 of title 18 (xx), (xxi), (xxii), (xxiii), (xxiv), (xxv), (xxvi), mark. (b) SUPERMAJORITY.— (relating to false, fictitious or fraudulent (xxvii), or (xxviii); or (1) WAIVER.—The provisions of subsection claims). ‘‘(II) an offense under section 207 of title 18 (a) may be waived or suspended in the Senate ‘‘(vii) An offense under section 597 of title (relating to restrictions on former officers, only by the affirmative vote of three-fourths 18 (relating to expenditures to influence vot- employees, and elected officials of the execu- of the Members, duly chosen and sworn. ing). tive and legislative branches). (2) APPEAL.—Appeals in the Senate from ‘‘(viii) An offense under section 599 of title ‘‘(xxx) Perjury committed under section the decisions of the Chair relating to any 18 (relating to promise of appointment by 1621 of title 18 in falsely denying the commis- provision of this section shall be limited to 1 candidate). sion of an act which constitutes— hour, to be equally divided between, and con- ‘‘(ix) An offense under section 602 of title 18 ‘‘(I) an offense under clause (i), (ii), (iii), trolled by, the appellant and the manager of (relating to solicitation of political contribu- (iv), (v), (vi), (vii), (viii), (ix), (x), (xi), (xii), the measure. An affirmative vote of three- tions). (xiii), (xiv), (xv), (xvi), (xvii), (xviii), (xix), fourths of the Members of the Senate, duly ‘‘(x) An offense under section 606 of title 18 (xx), (xxi), (xxii), (xxiii), (xxiv), (xxv), (xxvi), chosen and sworn, shall be required to sus- (relating to intimidation to secure political (xxvii), or (xxviii); or tain an appeal of the ruling of the Chair on contributions). ‘‘(II) an offense under clause (xxix), to the a point of order raised under this section. ‘‘(xi) An offense under section 607 of title 18 extent provided in such clause. (c) EARMARK DEFINED.—In this resolution, (relating to place of solicitation). ‘‘(xxxi) Subornation of perjury committed the term ‘‘earmark’’ means a provision or re- ‘‘(xii) An offense under section 641 of title under section 1622 of title 18 in connection port language included primarily at the re- 18 (relating to public money, property or with the false denial or false testimony of quest of a Senator or Member of the House of records). another individual as specified in clause Representatives providing or recommending ‘‘(xiii) An offense under section 666 of title (xxx).’’. a specific amount of discretionary budget 18 (relating to theft or bribery concerning authority, credit authority, or other spend- programs receiving Federal funds). SA 1499. Mr. CORKER submitted an ing authority for a contract, loan, loan guar- ‘‘(xiv) An offense under section 1001 of title amendment intended to be proposed by antee, grant, loan authority, or other ex- 18 (relating to statements or entries gen- him to the bill S. 2038, to prohibit penditure with or to an entity, or targeted to erally). Members of Congress and employees of a specific State, locality, or congressional ‘‘(xv) An offense under section 1341 of title Congress from using nonpublic infor- district unless the provision or language— 18 (relating to frauds and swindles, including mation derived from their official posi- (1) is specifically authorized by an appro- as part of a scheme to deprive citizens of priate congressional authorizing committee honest services thereby). tions for personal benefit, and for other of jurisdiction; ‘‘(xvi) An offense under section 1343 of title purposes; which was ordered to lie on (2) meets funding eligibility criteria estab- 18 (relating to fraud by wire, radio, or tele- the table; as follows: lished by an appropriate congressional au- vision, including as part of a scheme to de- At the appropriate place, insert the fol- thorizing committee of jurisdiction by stat- prive citizens of honest services thereby). lowing: ute; or ‘‘(xvii) An offense under section 1503 of SEC. ll. AMENDMENT TO THE BANK HOLDING (3) is awarded through a statutory or ad- title 18 (relating to influencing or injuring COMPANY ACT OF 1956. ministrative formula-driven or competitive officer or juror). (a) IN GENERAL.—Section 13(d)(1) of the award process. ‘‘(xviii) An offense under section 1505 of Bank Holding Company Act of 1956 (12 U.S.C. title 18 (relating to obstruction of pro- 1851(d)(1)) is amended— SA 1501. Mr. MCCAIN (for himself and ceedings before departments, agencies, and (1) by striking subparagraph (A); and Mr. COBURN) submitted an amendment committees). (2) by redesignating subparagraphs (B) ‘‘(xix) An offense under section 1512 of title through (J) as subparagraphs (A) through (I), intended to be proposed to amendment 18 (relating to tampering with a witness, vic- respectively. SA 1472 proposed by Mr. TOOMEY (for tim, or an informant). (b) TECHNICAL AND CONFORMING AMEND- himself, Mrs. MCCASKILL, Mr. DEMINT, ‘‘(xx) An offense under section 1951 of title MENTS.—Section 13 of the Bank Holding Mr. UDALL of Colorado, Mr. RUBIO, Ms. 18 (relating to interference with commerce Company Act of 1956 (12 U.S.C. 1851) is AYOTTE, Mr. PORTMAN, Mr. THUNE, and by threats of violence). amended— Mr. JOHANNS) to the amendment SA ‘‘(xxi) An offense under section 1952 of title (1) in subsection (c)(4), by striking ‘‘sub- 1470 proposed by Mr. REID (for himself, 18 (relating to interstate and foreign travel section (d)(1)(G)’’ and inserting ‘‘subsection Mr. BROWN of Massachusetts, Mr. LIE- or transportation in aid of racketeering en- (d)(1)(F)’’; and terprises). (2) in subsection (f)— BERMAN, Ms. COLLINS, Mrs. GILLIBRAND, ‘‘(xxii) An offense under section 1956 of (A) by striking ‘‘paragraph (d)(1)(G)’’ each Mr. LEVIN, and Mr. FRANKEN) to the title 18 (relating to laundering of monetary place that term appears and inserting ‘‘sub- bill S. 2038, to prohibit Members of instruments). section (d)(1)(F)’’; and Congress and employees of Congress

VerDate Sep 11 2014 12:06 Feb 23, 2017 Jkt 019102 PO 00000 Frm 00039 Fmt 0686 Sfmt 0634 E:\BR12\S01FE2.001 S01FE2 rmajette on DSK2TPTVN1PROD with BOUND RECORD February 1, 2012 CONGRESSIONAL RECORD—SENATE, Vol. 158, Pt. 1 591 from using nonpublic information de- graph (7)(A) applies and who, within 1 year SEC. 6. PAYMENT FOR CHARTER FLIGHTS BY rived from their official positions for after the termination of that person’s em- CAMPAIGN FUNDS AND DISCLOSURE OF CERTAIN AIR TRAVEL WITH A personal benefit, and for other pur- ployment on such committee or joint committee (as the case may be), knowingly LOBBYIST BY A SENATOR. poses; which was ordered to lie on the (a) CLARIFICATION OF RULES ON USE OF makes, with the intent to influence, any CAMPAIGN FUNDS FOR FLIGHTS ON COMMER- table; as follows: communication to or appearance before any CIAL AIRCRAFT.— On page 4, line 23, strike ‘‘two-thirds’’ and person who is a Member or an employee of (1) IN GENERAL.—Paragraph (1) of section insert ‘‘a majority’’. that committee or joint committee (as the 313(c) of the Federal Election Campaign Act case may be) or who was a Member of the of 1971 (2 U.S.C. 439a(c)) is amended— SA 1502. Mr. BENNET (for himself committee or joint committee (as the case (A) by striking ‘‘a candidate for election and Mr. TESTER) submitted an amend- may be) in the year immediately prior to the for Federal office (other than a candidate termination of such person’s employment by ment intended to be proposed by him who is subject to paragraph (2)), or any au- the committee or joint committee (as the to the bill S. 2038, to prohibit Members thorized committee of such a candidate, may case may be), on behalf of any other person of Congress and employees of Congress not make any expenditure for a flight on an (except the United States) in connection from using nonpublic information de- aircraft’’ in the matter preceding subpara- with any matter on which such former em- graph (A) and inserting ‘‘in the case of a can- rived from their official positions for ployee seeks action by a Member, officer, or didate for election to Federal office (other personal benefit, and for other pur- employee of either House of Congress, in his than a candidate who is subject to paragraph poses; which was ordered to lie on the or her official capacity, shall be punished as (2)), no political committee may make any table; as follows: provided in section 216 of this title. A person expenditure for travel by such a candidate, described in this paragraph shall be prohib- At the end of the bill, insert the following: or for travel on behalf of such a candidate, ited for 6 years from making any such con- TITLE ll—CLOSE THE REVOLVING DOOR by means of a flight on an aircraft (regard- tact or appearance before the majority or ACT OF 2012 less of whether such travel is in connection minority staff of that committee, the chair- with an election for Federal office)’’, and SEC. 1. SHORT TITLE. man or ranking member of the committee (B) by striking ‘‘candidate, the authorized This title may be cited as the ‘‘Close the during that person’s employment, or any committee, or other’’ in subparagraph (B). Revolving Door Act of 2012’’. personal office or Member of Congress that (2) EFFECTIVE DATE.—The amendment SEC. 2. LIFETIME BAN ON MEMBERS OF CON- had been a member of that committee during made by this subsection shall apply to GRESS FROM LOBBYING. the person’s employment with the com- flights taken on or after the date of the en- (a) IN GENERAL.—Section 207(e)(1) of title mittee.’’; and actment of this Act. 18, United States Code, is amended to read as (4) in paragraph (6)(A), by striking ‘‘1 follows: (b) DISCLOSURE.—Paragraph 2(e)(1) of rule year’’ and inserting ‘‘6 years’’. XXXV of the Standing Rules of the Senate is ‘‘(1) MEMBERS OF CONGRESS.—Any person (b) EFFECTIVE DATE.—The amendments amended— who is a Senator, a Member of the House of made by this section shall apply to individ- Representatives or an elected officer of the (1) in subclause (C), by striking ‘‘and’’ after uals employed by Congress on or after the the semicolon; Senate or the House of Representatives and date of enactment of this Act. who after that person leaves office, know- (2) by inserting after subclause (D) the fol- ingly makes, with the intent to influence, SEC. 4. IMPROVED REPORTING OF LOBBYISTS lowing: ACTIVITIES. any communication to or appearance before ‘‘(E) the source will submit a list of the any Member, officer, or employee of either Section 6 of the Lobbying Disclosure Act of names of any registered lobbyist or an agent House of Congress or any employee of any 1995 (2 U.S.C. 1605) is amended by inserting at of a foreign principal on the trip not later other legislative office of the Congress, on the end the following: than 30 days after the trip; and’’. behalf of any other person (except the United ‘‘(c) JOINT WEB SITE.—The Secretary of the SEC. 7. BAN ON LOBBYISTS MAKING CASH CAM- States) in connection with any matter on Senate and the Clerk of the House of Rep- PAIGN CONTRIBUTIONS. Section 321 of the Federal Election Cam- which such former Senator, Member, or resentatives shall maintain a joint lobbyist paign Act of 1971 (2 U.S.C. 441g) is amended elected official seeks action by a Member, of- disclosure Internet database for information by— ficer, or employee of either House of Con- required to be publicly disclosed under this (1) by striking ‘‘No person’’ and inserting gress, in his or her official capacity, shall be Act which shall be an easily searchable Web the following: punished as provided in section 216 of this site called lobbyists.gov with a stated goal of simplicity of usage.’’. ‘‘(a) IN GENERAL.—Except as provided in title.’’. subsection (b), no person’’; and (b) CONFORMING AMENDMENT.—Section SEC. 5. LOBBYIST REVOLVING DOOR TO CON- (2) inserting at the end the following: GRESS. 207(e)(2) of title 18, United States Code, is ‘‘(b) LOBBYIST.— amended— (a) IN GENERAL.—Any person who is a reg- ‘‘(1) TOTAL BAN.—If the person described in (1) in the caption, by striking ‘‘Officers and istered lobbyist or an agent of a foreign prin- subsection (a) is a lobbyist, the amount re- staff’’ and inserting ‘‘Staff’’; and cipal may not within 6 years after that per- ferred to in subsection (a) shall be zero. (2) by striking ‘‘an elected officer of the son leaves such position be hired by a Mem- ‘‘(2) LOBBYIST.—In this subsection, the Senate, or’’. ber or committee of either House of Congress term ‘lobbyist’ shall have the same meaning (c) EFFECTIVE DATE.—The amendments with whom the registered lobbyist or an given such term in section 3(10) of the Lob- made by this section shall apply to Members agent of a foreign principal has had substan- bying Disclosure Act of 1995.’’. of Congress serving in Congress on or after tial lobbying contact. SEC. 8. REPORTING BY SUBSTANTIAL LOBBYING the date of enactment of this Act. (b) WAIVER.—This section may be waived ENTITIES. SEC. 3. CONGRESSIONAL STAFF. in the Senate or the House of Representa- The Lobbying Disclosure Act of 1995 (2 (a) IN GENERAL.—section 207(e) of title 18, tives by the Committee on Ethics or the U.S.C. 1601 et seq.) is amended by inserting United States Code, is amended— Committee on Standards of Official Conduct after section 6 the following: (1) in paragraph (2), by inserting at the end based on a compelling national need. ‘‘SEC. 6A. REPORTING BY SUBSTANTIAL LOB- the following: ‘‘A person described in this (c) SUBSTANTIAL LOBBYING CONTACT.—For BYING ENTITIES. paragraph shall be prohibited for 6 years purposes of this section, in determining ‘‘(a) IN GENERAL.—A substantial lobbying from making any such contact or appearance whether a registered lobbyist or agent of a entity shall file on an annual basis with the before the personal office or member of Con- foreign principal has had substantial lob- Clerk of the House of Representatives and gress that had employed the person.’’; bying contact within the applicable period of the Secretary of the United States Senate a (2) in paragraph (3), by inserting at the end time, the Member or committee of either list of any employee, individual under con- the following: ‘‘A person described in this House of Congress shall take into consider- tract, or individual who provides paid con- paragraph shall be prohibited for 6 years ation whether the individual’s lobbying consulting services who is— from making any such contact or appearance tacts have pertained to pending legislative ‘‘(1) a former United States Senator or a before the personal office or member of Con- business, or related to solicitation of Federal former Member of the United States House gress that had employed the person.’’; funding, particularly if such contacts in- of Representatives; or (3) by striking paragraph (4) and inserting cluded the coordination of meetings with the ‘‘(2) a former congressional staff person the following: Member or staff, involved presentations to who— ‘‘(4) Any person who is an employee of a staff, or participation in fundraising exceed- ‘‘(A) made at least $100,000 in any 1 year as committee of the House of Representatives ing the mere giving of a personal contribu- a congressional staff person; or the Senate, or an employee of a joint com- tion. Simple social contacts with the Mem- ‘‘(B) worked for a total of 4 years or more mittee of the Congress whose pay is dis- ber or committee of either House of Congress as a congressional staff person; or bursed by the Clerk of the House of Rep- and staff, shall not by themselves constitute ‘‘(C) had a job title at any time while em- resentatives or the Senate, to whom para- substantial lobbying contacts. ployed as a congressional staff person that

VerDate Sep 11 2014 12:06 Feb 23, 2017 Jkt 019102 PO 00000 Frm 00040 Fmt 0686 Sfmt 0634 E:\BR12\S01FE2.001 S01FE2 rmajette on DSK2TPTVN1PROD with BOUND RECORD 592 CONGRESSIONAL RECORD—SENATE, Vol. 158, Pt. 1 February 1, 2012 contained any of the following terms: ‘Chief SEC. ll. EXTENSION OF TEMPORARY OFFICE OF lic Law 109–8 (28 U.S.C. 152 note) remain ap- of Staff’, ‘Legislative Director’, ‘Staff Direc- BANKRUPTCY JUDGES IN CERTAIN plicable to the temporary office of bank- tor’, ‘Counsel’, ‘Professional Staff Member’, JUDICIAL DISTRICTS. ruptcy judges referred to in paragraph (1). ‘Communications Director’, or ‘Press Sec- (a) TEMPORARY OFFICE OF BANKRUPTCY (b) TEMPORARY OFFICE OF BANKRUPTCY retary’. JUDGES AUTHORIZED BY PUBLIC LAW 109–8.— JUDGES EXTENDED BY PUBLIC LAW 109–8.— ‘‘(b) CONTENTS OF FILING.—The filing re- (1) EXTENSIONS.—The temporary office of (1) EXTENSIONS.—The temporary office of quired by this section shall contain a brief bankruptcy judges authorized for the fol- bankruptcy judges authorized by section 3 of job description of each such employee, indi- lowing districts by section 1223(b) of Public the Bankruptcy Judgeship Act of 1992 (28 vidual under contract, or individual who pro- Law 109–8 (28 U.S.C. 152 note) are extended U.S.C. 152 note) and extended by section vides paid consulting services, and an expla- until the applicable vacancy specified in 1223(c) of Public Law 109–8 (28 U.S.C. 152 nation of their work experience under subparagraph (2) in the office of a bankruptcy note) for the district of Delaware, the dis- section (a) that requires this filing. judge for the respective district occurs: trict of Puerto Rico, and the eastern district ‘‘(c) IMPROVED REPORTING OF SUBSTANTIAL (A) The central district of California. of Tennessee are extended until the applica- LOBBYING ENTITIES.—The Joint Web site (B) The eastern district of California. ble vacancy specified in paragraph (2) in the being maintained by the Secretary of the (C) The district of Delaware. office of a bankruptcy judge for the respec- Senate and the Clerk of the House of Rep- (D) The southern district of Florida. tive district occurs. resentatives, known as lobbyists.gov, shall (E) The southern district of Georgia. (2) VACANCIES.— include an easily searchable database enti- (F) The district of Maryland. (A) DISTRICT OF DELAWARE.—The 5th va- tled ‘Substantial Lobbying Entities’ that in- (G) The eastern district of Michigan. cancy in the office of a bankruptcy judge for cludes qualifying employees, individuals (H) The district of New Jersey. the district of Delaware— under contract, or individuals who provide (I) The northern district of New York. (i) occurring more than 5 years after the paid consulting services, under subsection (J) The southern district of New York. date of the enactment of this Act, and (a). (K) The eastern district of North Carolina. (ii) resulting from the death, retirement, ‘‘(d) LAW ENFORCEMENT OVERSIGHT.—The (L) The eastern district of Pennsylvania. resignation, or removal of a bankruptcy Clerk of the House of Representatives and (M) The middle district of Pennsylvania. judge, (N) The district of Puerto Rico. the Secretary of the Senate may provide a shall not be filled. (O) The district of South Carolina. copy of the filings of substantial lobbying (B) DISTRICT OF PUERTO RICO.—The 2d va- (P) The western district of Tennessee. entities to the District of Columbia United cancy in the office of a bankruptcy judge for (Q) The eastern district of Virginia. States Attorney, to allow the District of Co- the district of Puerto Rico— (R) The district of Nevada. lumbia United States Attorney to determine (i) occurring more than 5 years after the (2) VACANCIES.— whether any such entities are under- date of the enactment of this Act, and (A) SINGLE VACANCIES.—Except as provided reporting the Federal lobbying activities of (ii) resulting from the death, retirement, in subparagraphs (B), (C), (D), and (E), the its employees, individuals under contract, or resignation, or removal of a bankruptcy 1st vacancy in the office of a bankruptcy individuals who provide paid consulting serv- judge, ices. judge for each district specified in paragraph (1)— shall not be filled. ‘‘(e) SUBSTANTIAL LOBBYING ENTITY.—In (i) occurring more than 5 years after the (C) EASTERN DISTRICT OF TENNESSEE.—The this section, the term ‘substantial lobbying 1st vacancy in the office of a bankruptcy entity’ means an incorporated entity that date of the enactment of this Act, and (ii) resulting from the death, retirement, judge for the eastern district of Tennessee— employs more than 3 federally registered (i) occurring more than 5 years after the lobbyists during a filing period.’’. resignation, or removal of a bankruptcy judge, date of the enactment of this Act, and SEC. 9. ENHANCED PENALTIES. (ii) resulting from the death, retirement, shall not be filled. Section 7(a) of the Lobbying Disclosure resignation, or removal of a bankruptcy (B) CENTRAL DISTRICT OF CALIFORNIA.—The Act of 1995 (2 U.S.C. 1606(a)) is amended by judge, 1st, 2d, and 3d vacancies in the office of striking ‘‘$200,000’’ and inserting ‘‘$500,000’’. bankruptcy judge for the central district of shall not be filled. California— (3) APPLICABILITY OF OTHER PROVISIONS.— SA 1503. Mr. TESTER (for himself (i) occurring 5 years or more after the date Except as provided in paragraphs (1) and (2), and Mr. COCHRAN) submitted an amend- of the enactment of this Act, and all other provisions of section 3 of the Bank- ment intended to be proposed to (ii) resulting from the death, retirement, ruptcy Judgeship Act of 1992 (28 U.S.C. 152 amendment SA 1470 proposed by Mr. resignation, or removal of a bankruptcy note) and section 1223(c) of Public Law 109–8 REID (for himself, Mr. BROWN of Massa- judge, (28 U.S.C. 152 note) remain applicable to the temporary office of bankruptcy judges re- chusetts, Mr. LIEBERMAN, Ms. COLLINS, shall not be filled. ferred to in paragraph (1). Mrs. GILLIBRAND, Mr. LEVIN, and Mr. (C) DISTRICT OF DELAWARE.—The 1st, 2d, 3d, (c) TEMPORARY OFFICE OF THE BANKRUPTCY and 4th vacancies in the office of a bank- FRANKEN) to the bill S. 2038, to prohibit JUDGE AUTHORIZED BY PUBLIC LAW 102–361 ruptcy judge for the district of Delaware— Members of Congress and employees of FOR THE MIDDLE DISTRICT OF NORTH CARO- (i) occurring more than 5 years after the Congress from using nonpublic infor- LINA.— date of the enactment of this Act, and (1) EXTENSION.—The temporary office of mation derived from their official posi- (ii) resulting from the death, retirement, the bankruptcy judge authorized by section 3 tions for personal benefit, and for other resignation, or removal of a bankruptcy of the Bankruptcy Judgeship Act of 1992 (28 purposes; as follows: judge, U.S.C. 152 note) for the middle district of At the end, add the following: shall not be filled. North Carolina is extended until the vacancy SEC. ll. FILING BY SENATE CANDIDATES WITH (D) SOUTHERN DISTRICT OF FLORIDA.—The specified in paragraph (2) occurs. COMMISSION. 1st and 2d vacancies in the office of a bank- (2) VACANCY.—The 1st vacancy in the office Section 302(g) of the Federal Election Cam- ruptcy judge for the southern district of of a bankruptcy judge for the middle district paign Act of 1971 (2 U.S.C. 432(g)) is amended Florida— of North Carolina— to read as follows: (i) occurring more than 5 years after the (A) occurring more than 5 years after the ‘‘(g) FILING WITH THE COMMISSION.—All des- date of the enactment of this Act, and date of the enactment of this Act, and ignations, statements, and reports required (ii) resulting from the death, retirement, (B) resulting from the death, retirement, to be filed under this Act shall be filed with resignation, or removal of a bankruptcy resignation, or removal of a bankruptcy the Commission.’’. judge, judge, shall not be filled. shall not be filled. SA 1504. Mr. COONS submitted an (E) DISTRICT OF MARYLAND.—The 1st, 2d, (3) APPLICABILITY OF OTHER PROVISIONS.— amendment intended to be proposed by and 3d vacancies in the office of a bank- Except as provided in paragraphs (1) and (2), him to the bill S. 2038, to prohibit ruptcy judge for the district of Maryland— all other provisions of section 3 of the Bank- Members of Congress and employees of (i) occurring more than 5 years after the ruptcy Judgeship Act of 1992 (28 U.S.C. 152 Congress from using nonpublic infor- date of the enactment of this Act, and note) remain applicable to the temporary of- (ii) resulting from the death, retirement, fice of the bankruptcy judge referred to in mation derived from their official posi- resignation, or removal of a bankruptcy tions for personal benefit, and for other paragraph (1). judge, (d) TEMPORARY JUDGESHIP PAYGO OFFSET.— purposes; which was ordered to lie on shall not be filled. (1) BANKRUPTCY FILING FEES.—Section the table; as follows: (3) APPLICABILITY OF OTHER PROVISIONS.— 1930(a)(3) of title 28, United States Code, is At the appropriate place, insert the fol- Except as provided in paragraphs (1) and (2), amended by striking $1,000 and inserting lowing: all other provisions of section 1223(b) of Pub- $1,042.

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(2) EXPENDITURE LIMITATION.—Incremental term is defined in section (2) of the Bank (1) SECURITIES EXCHANGE ACT OF 1934.—The amounts collected by reason of the enact- Holding Company Act of 1956 (12 U.S.C. 1841), Securities Exchange Act of 1934 (15 U.S.C. 78a ment of subsection (a) shall be deposited in a 1200’’. et seq.) is amended— special fund in the United States Treasury, (c) RULEMAKING.—Not later than 1 year (A) in section 21(d)(3)(A) (15 U.S.C. to be established after the date of enactment after the date of enactment of this Act, the 78u(d)(3)(A)), by inserting ‘‘that resulted in of this Act. Such amounts shall be available Commission shall issue final regulations to profits gained or losses avoided’’ after ‘‘pen- for the purposes specified in section 1931(a) of implement this section and the amendments alty pursuant to section 21A’’; and title 28, United States Code, but only to the made by this section. (B) in section 21B(a)(2)(A) (15 U.S.C. 78u– extent specifically appropriated by an Act of 2(a)(2)(A)), by inserting ‘‘, other than by Congress enacted after the date of enactment SA 1507. Mr. REED submitted an committing a violation subject to a penalty of this Act. amendment intended to be proposed by pursuant to section 21A that resulted in prof- (3) EFFECTIVE DATE.—This subsection shall its gained or losses avoided’’ after ‘‘rule or him to the bill S. 2038, to prohibit regulation issued under this title’’. take effect 180 days after the date of enact- Members of Congress and employees of ment of this Act. (2) SECURITIES ACT OF 1933.—The Securities Congress from using nonpublic infor- Act of 1933 (15 U.S.C. 77a et seq.) is amend- SA 1505. Mr. PORTMAN submitted an mation derived from their official posi- ed— amendment intended to be proposed by tions for personal benefit, and for other (A) in section 8A(g)(1)(A)(i) (15 U.S.C. 77h– him to the bill S. 2038, to prohibit purposes; which was ordered to lie on 1(g)(1)(A)(i)), by inserting ‘‘, other than by Members of Congress and employees of the table; as follows: committing a violation subject to a penalty pursuant to section 21A of the Securities Ex- Congress from using nonpublic infor- At the end, add the following: change Act of 1934 that resulted in profits mation derived from their official posi- SEC. 11. ACCESS TO INTERCEPTED WIRE, ORAL, gained or losses avoided’’ after ‘‘rule or regu- tions for personal benefit, and for other OR ELECTRONIC COMMUNICATIONS lation issued under this title’’; and purposes; which was ordered to lie on RELATING TO SECURITIES FRAUD. (B) in section 20(d)(1) of the (15 U.S.C. the table; as follows: (a) AUTHORIZATION FOR INTERCEPTION OF 77t(d)(1)), by inserting ‘‘that resulted in prof- WIRE, ORAL, OR ELECTRONIC COMMUNICATIONS On page 8, lines 23 and 24, strike ‘‘executive its gained or losses avoided’’ after ‘‘penalty RELATING TO SECURITIES FRAUD.—Section pursuant to section 21A of the Securities Ex- branch and legislative branch officials’’ and 2516(1) of title 18, United States Code, is insert ‘‘an executive branch employee, a change Act of 1934’’. amended— SEC. 14. EX PARTE FREEZE AUTHORITY FOR OFF- Member of Congress, or an employee of Con- (1) in paragraph (r), by striking ‘‘or’’ at the gress’’. SHORE INSIDER TRADING PROFITS. end; Section 21C(c)(3) of the Securities Ex- SA 1506. Mrs. HUTCHISON submitted (2) by redesignating paragraph (s) as para- change Act of 1934 (15 U.S.C. 78u–3(c)(3)) is graph (t); and an amendment intended to be proposed amended— (3) by inserting after paragraph (r) the fol- (1) in subparagraph (A), by striking ‘‘(A) IN by her to the bill S. 2038, to prohibit lowing: GENERAL’’ and inserting ‘‘(A) TEMPORARY Members of Congress and employees of ‘‘(s) any violation of section 1348 of this FREEZE OF EXTRAORDINARY PAYMENTS BY AN Congress from using nonpublic infor- title (relating to securities fraud); or’’. ISSUER’’; mation derived from their official posi- (b) AUTHORIZATION FOR DISCLOSURE AND (2) by redesignating subparagraph (B) as tions for personal benefit, and for other USE OF INTERCEPTED WIRE, ORAL, OR ELEC- subparagraph (C); and purposes; which was ordered to lie on TRONIC COMMUNICATIONS RELATING TO SECURI- (3) by inserting after subparagraph (A) the the table; as follows: TIES FRAUD.—Section 2517 of title 18, United following: States Code, is amended— ‘‘(B) TEMPORARY FREEZE IN INSIDER TRAD- At the appropriate place, insert the fol- (1) in subsection (1), by inserting ‘‘, or to ING INVESTIGATIONS.— lowing: an officer of the Securities and Exchange ‘‘(i) ISSUANCE OF TEMPORARY ORDER.—If the SEC. ll. SHAREHOLDER REGISTRATION Commission,’’ after ‘‘to another investiga- Commission finds that there is reason to be- THRESHOLD. tive or law enforcement officer’’; and lieve that a violation described in section (a) AMENDMENTS TO SECTION 12 OF THE SE- (2) in subsection (2), by inserting ‘‘, or offi- 21A has occurred, and that the person engag- CURITIES EXCHANGE ACT OF 1934.—Section cer of the Securities and Exchange Commis- ing in the purchase or sale constituting the 12(g) of the Securities Exchange Act of 1934 sion,’’ after ‘‘investigative or law enforce- potential violation is located outside of the (15 U.S.C. 781(g)) is amended— ment officer’’. United States, the Commission may impose (1) in paragraph (1)— a temporary order requiring any registered (A) by striking subparagraphs (A) and (B) SEC. 12. INSIDER TRADING STATUTE OF LIMITA- TIONS. broker or dealer to freeze the brokerage ac- and inserting the following: counts of such person at such broker or deal- ‘‘(A) in the case of an issuer that is a bank, Section 21A(d)(5) of the Securities Ex- er for a period not to exceed 30 days after the as such term is defined in section 3(a)(6) of change Act of 1934 (15 U.S.C. 78u–1(d)(5)) is date of entry of the order. this title, or a bank holding company, as amended to read as follows: ‘‘(ii) STANDARD.—A temporary order may such term is defined in section (2) of the ‘‘(5) STATUTE OF LIMITATIONS.—No action be entered under clause (i) without notice, Bank Holding Company Act of 1956 (12 U.S.C. may be brought under this section after the unless the Commission determines that no- 1841), 2000 persons or more; and later of— tice and hearing prior to entry of the order ‘‘(B) in the case of an issuer that is not a ‘‘(A) 5 years after the date of the subject would be in the public interest. bank or bank holding company, 500 persons purchase or sale; or ‘‘(iii) EFFECTIVE PERIOD.—A temporary or more,’’; and ‘‘(B) 2 years after the date on which the order issued under clause (i) shall— (B) by striking ‘‘commerce shall’’ and in- Commission discovers the violative con- ‘‘(I) become effective immediately; serting ‘‘commerce shall, not later than 120 duct.’’. ‘‘(II) be served upon each registered broker days after the last day of its first fiscal year SEC. 13. INSIDER TRADING PENALTIES. or dealer maintaining accounts subject to ended after the effective date of this sub- (a) INSIDER TRADING PENALTIES UNDER SEC- the order; and section, on which the issuer has total assets TION 21A(a)(1) OF THE SECURITIES EXCHANGE ‘‘(III) unless set aside, limited, or sus- exceeding $10,000,000 and a class of equity se- ACT OF 1934.—Section 21A(a)(1) of the Securi- pended by the Commission or by a court of curity (other than an exempted security) ties Exchange Act of 1934 (15 U.S.C. 78u– competent jurisdiction, remain effective and held of record by’’; and 1(a)(1)) is amended— enforceable for the period specified in the (2) in paragraph (4), by striking ‘‘three (1) in subparagraph (A), by striking ‘‘and’’ order, but for not longer than 30 days after hundred’’ and inserting ‘‘300 persons, or, in at the end; the date of entry of the order. the case of a bank, as such term is defined in (2) in subparagraph (B), by striking the pe- ‘‘(iv) VIOLATION OF TEMPORARY ORDER.—A section 3(a)(6), or a bank holding company, riod at the end and inserting ‘‘; and’’; and violation of a temporary order issued under as such term is defined in section (2) of the (3) adding at the end the following: clause (i) shall be deemed a violation of this Bank Holding Company Act of 1956 (12 U.S.C. ‘‘(C) may, in any action instituted pursu- title.’’. 1841), 1200’’. ant to section 8A of the Securities Act of (b) AMENDMENTS TO SECTION 15 OF THE SE- 1933, or section 21C of this title, impose a SA 1508. Mr. REED submitted an CURITIES EXCHANGE ACT OF 1934.—Section civil penalty to be paid by the person who amendment intended to be proposed by 15(d) of the Securities Exchange Act of 1934 committed such violation, or who, subject to (15 U.S.C. 78o(d)) is amended, in the third subsection (b)(1) of this section, directly or him to the bill S. 2038, to prohibit sentence, by striking ‘‘three hundred’’ and indirectly controlled the person who com- Members of Congress and employees of inserting ‘‘300 persons, or, in the case of mitted such violation.’’. Congress from using nonpublic infor- bank, as such term is defined in section (b) INSIDER TRADING PENALTIES WHERE NO mation derived from their official posi- 3(a)(6), or a bank holding company, as such PROFITS GAINED OR LOSSES AVOIDED.— tions for personal benefit, and for other

VerDate Sep 11 2014 12:06 Feb 23, 2017 Jkt 019102 PO 00000 Frm 00042 Fmt 0686 Sfmt 0634 E:\BR12\S01FE2.001 S01FE2 rmajette on DSK2TPTVN1PROD with BOUND RECORD 594 CONGRESSIONAL RECORD—SENATE, Vol. 158, Pt. 1 February 1, 2012 purposes; which was ordered to lie on (C) in clause (iii), by striking ‘‘greater of ated a significant risk of substantial losses the table; as follows: (I) $100,000 for a natural person or $500,000 for to other persons or resulted in substantial At the end, add the following: any other person, or (II) the gross amount of pecuniary gain to the person who committed pecuniary gain to such defendant as a result the act or omission.’’. SEC. 9. UPDATED CIVIL MONEY PENALTIES FOR SECURITIES LAW VIOLATIONS. of the violation’’ and inserting the following: (2) MONEY PENALTIES IN CIVIL ACTIONS.— (a) SECURITIES ACT OF 1933.— ‘‘greater of— Section 42(e)(2) of the Investment Company (1) MONEY PENALTIES IN ADMINISTRATIVE AC- ‘‘(I) $1,000,000 for a natural person or Act of 1940 (15 U.S.C. 80a–41(e)(2)) is amend- TIONS.—Section 8A(g)(2) of the Securities Act $10,000,000 for any other person; ed— of 1933 (15 U.S.C. 77h–1(g)(2)) is amended— ‘‘(II) 3 times the gross amount of pecuniary (A) in subparagraph (A)— (A) in subparagraph (A)— gain to such defendant as a result of the vio- (i) by striking ‘‘$5,000’’ and inserting (i) by striking ‘‘$7,500’’ and inserting lation; or ‘‘$10,000’’; and ‘‘$10,000’’; and ‘‘(III) the amount of losses incurred by vic- (ii) by striking ‘‘$50,000’’ and inserting (ii) by striking ‘‘$75,000’’ and inserting tims as a result of the violation’’. ‘‘$100,000’’; ‘‘$100,000’’; (2) MONEY PENALTIES IN ADMINISTRATIVE AC- (B) in subparagraph (B)— (B) in subparagraph (B)— TIONS.—Section 21B(b) of the Securities Ex- (i) by striking ‘‘$50,000’’ and inserting (i) by striking ‘‘$75,000’’ and inserting change Act of 1934 (15 U.S.C. 78u–2(b)) is ‘‘$100,000’’; and ‘‘$100,000’’; and amended— (ii) by striking ‘‘$250,000’’ and inserting (ii) by striking ‘‘$375,000’’ and inserting (A) in paragraph (1)— ‘‘$500,000’’; and ‘‘$500,000’’; and (i) by striking ‘‘$5,000’’ and inserting (C) in subparagraph (C), by striking ‘‘great- (C) by amending subparagraph (C) to read ‘‘$10,000’’; and er of (i) $100,000 for a natural person or as follows: (ii) by striking ‘‘$50,000’’ and inserting $500,000 for any other person, or (ii) the gross ‘‘(C) THIRD TIER.—Notwithstanding sub- ‘‘$100,000’’; amount of pecuniary gain to such defendant paragraphs (A) and (B), the amount of pen- (B) in paragraph (2)— as a result of the violation’’ and inserting alty for each such act or omission shall not (i) by striking ‘‘$50,000’’ and inserting the following: ‘‘greater of— exceed the greater of— ‘‘$100,000’’; and ‘‘(i) $1,000,000 for a natural person or ‘‘(i) $1,000,000 for a natural person or (ii) by striking ‘‘$250,000’’ and inserting $10,000,000 for any other person; $10,000,000 for any other person; ‘‘$500,000’’; and ‘‘(ii) 3 times the gross amount of pecuniary ‘‘(ii) 3 times the gross amount of pecuniary (C) by amending paragraph (3) to read as gain to such defendant as a result of the violation; or gain to the person who committed the act or follows: ‘‘(iii) the amount of losses incurred by vic- omission; or ‘‘(3) THIRD TIER.—Notwithstanding para- tims as a result of the violation’’. ‘‘(iii) the amount of losses incurred by vic- graphs (1) and (2), the amount of penalty for (d) INVESTMENT ADVISERS ACT OF 1940.— tims as a result of the act or omission, if— each such act or omission shall not exceed (1) MONEY PENALTIES IN ADMINISTRATIVE AC- ‘‘(I) the act or omission described in para- the greater of— TIONS.—Section 203(i)(2) of the Investment ‘‘(A) $1,000,000 for a natural person or graph (1) involved fraud, deceit, manipula- Advisers Act of 1940 (15 U.S.C. 80b–3(i)(2)) is $10,000,000 for any other person; tion, or deliberate or reckless disregard of a amended— ‘‘(B) 3 times the gross amount of pecuniary regulatory requirement; and (A) in subparagraph (A)— gain to the person who committed the act or ‘‘(II) such act or omission directly or indi- (i) by striking ‘‘$5,000’’ and inserting rectly resulted in— omission; or ‘‘$10,000’’; and ‘‘(aa) substantial losses or created a sig- ‘‘(C) the amount of losses incurred by vic- (ii) by striking ‘‘$50,000’’ and inserting nificant risk of substantial losses to other tims as a result of the act or omission, if— ‘‘$100,000’’; persons; or ‘‘(i) the act or omission described in sub- (B) in subparagraph (B)— ‘‘(bb) substantial pecuniary gain to the section (a) involved fraud, deceit, manipula- (i) by striking ‘‘$50,000’’ and inserting person who committed the act or omission.’’. tion, or deliberate or reckless disregard of a ‘‘$100,000’’; and (2) MONEY PENALTIES IN CIVIL ACTIONS.— regulatory requirement; and (ii) by striking ‘‘$250,000’’ and inserting Section 20(d)(2) of the Securities Act of 1933 ‘‘(ii) such act or omission directly or indi- ‘‘$500,000’’; and (15 U.S.C. 77t(d)(2)) is amended— rectly resulted in substantial losses or cre- (C) by amending subparagraph (C) to read (A) in subparagraph (A)— ated a significant risk of substantial losses as follows: (i) by striking ‘‘$5,000’’ and inserting to other persons or resulted in substantial ‘‘(C) THIRD TIER.—Notwithstanding sub- ‘‘$10,000’’; and pecuniary gain to the person who committed paragraphs (A) and (B), the amount of pen- (ii) by striking ‘‘$50,000’’ and inserting the act or omission.’’. alty for each such act or omission shall not ‘‘$100,000’’; (c) INVESTMENT COMPANY ACT OF 1940.— exceed the greater of— (B) in subparagraph (B)— (1) MONEY PENALTIES IN ADMINISTRATIVE AC- ‘‘(i) $1,000,000 for a natural person or (i) by striking ‘‘$50,000’’ and inserting TIONS.—Section 9(d)(2) of the Investment $10,000,000 for any other person; ‘‘$100,000’’; and Company Act of 1940 (15 U.S.C. 80a–9(d)(2)) is ‘‘(ii) 3 times the gross amount of pecuniary (ii) by striking ‘‘$250,000’’ and inserting amended— gain to the person who committed the act or ‘‘$500,000’’; and (A) in subparagraph (A)— omission; or (C) in subparagraph (C), by striking ‘‘great- (i) by striking ‘‘$5,000’’ and inserting ‘‘(iii) the amount of losses incurred by vic- er of (i) $100,000 for a natural person or ‘‘$10,000’’; and tims as a result of the act or omission, if— $500,000 for any other person, or (ii) the gross (ii) by striking ‘‘$50,000’’ and inserting ‘‘(I) the act or omission described in para- amount of pecuniary gain to such defendant ‘‘$100,000’’; graph (1) involved fraud, deceit, manipula- as a result of the violation’’ and inserting (B) in subparagraph (B)— tion, or deliberate or reckless disregard of a the following: ‘‘greater of— (i) by striking ‘‘$50,000’’ and inserting regulatory requirement; and ‘‘(i) $1,000,000 for a natural person or ‘‘$100,000’’; and ‘‘(II) such act or omission directly or indi- $10,000,000 for any other person; (ii) by striking ‘‘$250,000’’ and inserting rectly resulted in substantial losses or cre- ‘‘(ii) 3 times the gross amount of pecuniary ‘‘$500,000’’; and ated a significant risk of substantial losses gain to such defendant as a result of the vio- (C) by amending subparagraph (C) to read to other persons or resulted in substantial lation; or as follows: pecuniary gain to the person who committed ‘‘(iii) the amount of losses incurred by vic- ‘‘(C) THIRD TIER.—Notwithstanding sub- the act or omission.’’. tims as a result of the violation’’. paragraphs (A) and (B), the amount of pen- (2) MONEY PENALTIES IN CIVIL ACTIONS.— (b) SECURITIES EXCHANGE ACT OF 1934.— alty for each such act or omission shall not Section 209(e)(2) of the Investment Advisers (1) MONEY PENALTIES IN CIVIL ACTIONS.— exceed the greater of— Act of 1940 (15 U.S.C. 80b–9(e)(2)) is amend- Section 21(d)(3)(B) of the Securities Ex- ‘‘(i) $1,000,000 for a natural person or ed— change Act of 1934 (15 U.S.C. 78u(d)(3)(B)) is $10,000,000 for any other person; (A) in subparagraph (A)— amended— ‘‘(ii) 3 times the gross amount of pecuniary (i) by striking ‘‘$5,000’’ and inserting (A) in clause (i)— gain to the person who committed the act or ‘‘$10,000’’; and (i) by striking ‘‘$5,000’’ and inserting omission; or (ii) by striking ‘‘$50,000’’ and inserting ‘‘$10,000’’; and ‘‘(iii) the amount of losses incurred by vic- ‘‘$100,000’’; (ii) by striking ‘‘$50,000’’ and inserting tims as a result of the act or omission, if— (B) in subparagraph (B)— ‘‘$100,000’’; ‘‘(I) the act or omission described in para- (i) by striking ‘‘$50,000’’ and inserting (B) in clause (ii)— graph (1) involved fraud, deceit, manipula- ‘‘$100,000’’; and (i) by striking ‘‘$50,000’’ and inserting tion, or deliberate or reckless disregard of a (ii) by striking ‘‘$250,000’’ and inserting ‘‘$100,000’’; and regulatory requirement; and ‘‘$500,000’’; and (ii) by striking ‘‘$250,000’’ and inserting ‘‘(II) such act or omission directly or indi- (C) in subparagraph (C), by striking ‘‘great- ‘‘$500,000’’; and rectly resulted in substantial losses or cre- er of (i) $100,000 for a natural person or

VerDate Sep 11 2014 12:06 Feb 23, 2017 Jkt 019102 PO 00000 Frm 00043 Fmt 0686 Sfmt 0634 E:\BR12\S01FE2.001 S01FE2 rmajette on DSK2TPTVN1PROD with BOUND RECORD February 1, 2012 CONGRESSIONAL RECORD—SENATE, Vol. 158, Pt. 1 595 $500,000 for any other person, or (ii) the gross amount of penalty for each such act or omis- suspends, places limitations on the activities amount of pecuniary gain to such defendant sion shall be 3 times the otherwise applicable or functions of, or prohibits the activities of, as a result of the violation’’ and inserting amount in such subparagraphs if, within the a person; or the following: ‘‘greater of— 5-year period preceding such act or omission, ‘‘(iii) a cease-and-desist order entered by ‘‘(i) $1,000,000 for a natural person or the person who committed the act or omis- the Commission pursuant to section 8A.’’. $10,000,000 for any other person; sion was criminally convicted for securities (b) SECURITIES EXCHANGE ACT OF 1934.— ‘‘(ii) 3 times the gross amount of pecuniary fraud or became subject to a judgment or Section 21(d)(3) of the Securities Exchange gain to such defendant as a result of the vio- order imposing monetary, equitable, or ad- Act of 1934 (15 U.S.C. 78u(d)(3)) is amended— lation; or ministrative relief in any Commission action (1) in subparagraph (A), by inserting after ‘‘(iii) the amount of losses incurred by vic- alleging fraud by that person.’’. ‘‘the rules or regulations thereunder,’’ the tims as a result of the violation’’. (2) ENFORCEMENT.—Section 42(e)(2) of the following: ‘‘a Federal court injunction or a SEC. 10. PENALTIES FOR RECIDIVISTS. Investment Company Act of 1940 (15 U.S.C. bar obtained or entered by the Commission (a) SECURITIES ACT OF 1933.— 80a–41(e)(2)) is amended by adding at the end under this title,’’; and (1) CEASE-AND-DESIST PROCEEDINGS.—Sec- the following: (2) by amending subparagraph (D) to read tion 8A(g)(2) of the Securities Act of 1933 (15 ‘‘(D) FOURTH TIER.—Notwithstanding sub- as follows: U.S.C. 77h–1(g)(2)) is amended by adding at paragraphs (A), (B), and (C), the maximum ‘‘(D) SPECIAL PROVISIONS RELATING TO A the end the following: amount of penalty for each such violation VIOLATION OF AN INJUNCTION OR CERTAIN OR- ‘‘(D) FOURTH TIER.—Notwithstanding sub- shall be 3 times the otherwise applicable DERS.— paragraphs (A), (B), and (C), the maximum amount in such subparagraphs if, within the ‘‘(i) IN GENERAL.—Each separate violation amount of penalty for each such act or omis- 5-year period preceding such violation, the of an injunction or order described in clause sion shall be 3 times the otherwise applicable defendant was criminally convicted for secu- (ii) shall be a separate offense, except that in amount in such subparagraphs if, within the rities fraud or became subject to a judgment the case of a violation through a continuing 5-year period preceding such act or omission, or order imposing monetary, equitable, or failure to comply with such injunction or the person who committed the act or omis- administrative relief in any Commission ac- order, each day of the failure to comply with sion was criminally convicted for securities tion alleging fraud by that defendant.’’. the injunction or order shall be deemed a (d) INVESTMENT ADVISERS ACT OF 1940.—The fraud or became subject to a judgment or separate offense. Investment Advisers Act of 1940 (15 U.S.C. ‘‘(ii) INJUNCTIONS AND ORDERS.—Clause (i) order imposing monetary, equitable, or ad- 80b–1 et seq.) is amended— shall apply with respect to an action to en- ministrative relief in any Commission action (1) in section 203(i)(2) (15 U.S.C. 80b–3(i)(2)), force— alleging fraud by that person.’’. by adding at the end the following: (2) INJUNCTIONS AND PROSECUTION OF OF- ‘‘(I) a Federal court injunction obtained ‘‘(D) FOURTH TIER.—Notwithstanding sub- pursuant to this title; FENSES.—Section 20(d)(2) of the Securities paragraphs (A), (B), and (C), the maximum ‘‘(II) an order entered or obtained by the Act of 1933 (15 U.S.C. 77t(d)(2)) is amended by amount of penalty for each such act or omis- Commission pursuant to this title that bars, adding at the end the following: sion shall be 3 times the otherwise applicable suspends, places limitations on the activities ‘‘(D) FOURTH TIER.—Notwithstanding sub- amount in such subparagraphs if, within the or functions of, or prohibits the activities of, paragraphs (A), (B), and (C), the maximum 5-year period preceding such act or omission, amount of penalty for each such violation the person who committed the act or omis- a person; or shall be 3 times the otherwise applicable sion was criminally convicted for securities ‘‘(III) a cease-and-desist order entered by amount in such subparagraphs if, within the fraud or became subject to a judgment or the Commission pursuant to section 21C.’’. 5-year period preceding such violation, the order imposing monetary, equitable, or ad- (c) INVESTMENT COMPANY ACT OF 1940.—Sec- defendant was criminally convicted for secu- ministrative relief in any Commission action tion 42(e) of the Investment Company Act of rities fraud or became subject to a judgment alleging fraud by that person.’’; and 1940 (15 U.S.C. 80a–41(e)) is amended— or order imposing monetary, equitable, or (2) in section 209(e)(2) (15 U.S.C. 80b–9(e)(2)) (1) in paragraph (1), by inserting after ‘‘the administrative relief in any Commission ac- by adding at the end the following: rules or regulations thereunder,’’ the fol- tion alleging fraud by that defendant.’’. ‘‘(D) FOURTH TIER.—Notwithstanding sub- lowing: ‘‘a Federal court injunction or a bar (b) SECURITIES EXCHANGE ACT OF 1934.— paragraphs (A), (B), and (C), the maximum obtained or entered by the Commission (1) CIVIL ACTIONS.—Section 21(d)(3)(B) of amount of penalty for each such violation under this title,’’; and the Securities Exchange Act of 1934 (15 shall be 3 times the otherwise applicable (2) by amending paragraph (4) to read as U.S.C. 78u(d)(3)(B)) is amended by adding at amount in such subparagraphs if, within the follows: the end the following: 5-year period preceding such violation, the ‘‘(4) SPECIAL PROVISIONS RELATING TO A VIO- ‘‘(iv) FOURTH TIER.—Notwithstanding defendant was criminally convicted for secu- LATION OF AN INJUNCTION OR CERTAIN OR- clauses (i), (ii), and (iii), the maximum rities fraud or became subject to a judgment DERS.— amount of penalty for each such violation or order imposing monetary, equitable, or ‘‘(A) IN GENERAL.—Each separate violation shall be 3 times the otherwise applicable administrative relief in any Commission ac- of an injunction or order described in sub- amount in such clauses if, within the 5-year tion alleging fraud by that defendant.’’. paragraph (B) shall be a separate offense, ex- period preceding such violation, the defend- SEC. 11. VIOLATIONS OF INJUNCTIONS AND cept that in the case of a violation through ant was criminally convicted for securities BARS. a continuing failure to comply with such in- fraud or became subject to a judgment or (a) SECURITIES ACT OF 1933.—Section 20(d) junction or order, each day of the failure to order imposing monetary, equitable, or ad- of the Securities Act of 1933 (15 U.S.C. 77t(d)) comply with the injunction or order shall be ministrative relief in any Commission action is amended— deemed a separate offense. alleging fraud by that defendant.’’. (1) in paragraph (1), by inserting after ‘‘the ‘‘(B) INJUNCTIONS AND ORDERS.—Subpara- (2) ADMINISTRATIVE PROCEEDINGS.—Section rules or regulations thereunder,’’ the fol- graph (A) shall apply with respect to any ac- 21B(b) of the Securities Exchange Act of 1934 lowing: ‘‘a Federal court injunction or a bar tion to enforce— (15 U.S.C. 78u–2(b)) is amended by adding at obtained or entered by the Commission ‘‘(i) a Federal court injunction obtained the end the following: under this title,’’; and pursuant to this title; ‘‘(4) FOURTH TIER.—Notwithstanding para- (2) by amending paragraph (4) to read as ‘‘(ii) an order entered or obtained by the graphs (1), (2), and (3), the maximum amount follows: Commission pursuant to this title that bars, of penalty for each such act or omission ‘‘(4) SPECIAL PROVISIONS RELATING TO A VIO- suspends, places limitations on the activities shall be 3 times the otherwise applicable LATION OF AN INJUNCTION OR CERTAIN OR- or functions of, or prohibits the activities of, amount in such paragraphs if, within the 5- DERS.— a person; or year period preceding such act or omission, ‘‘(A) IN GENERAL.—Each separate violation ‘‘(iii) a cease-and-desist order entered by the person who committed the act or omis- of an injunction or order described in sub- the Commission pursuant to section 9(f).’’. sion was criminally convicted for securities paragraph (B) shall be a separate offense, ex- (d) INVESTMENT ADVISERS ACT OF 1940.— fraud or became subject to a judgment or cept that in the case of a violation through Section 209(e) of the Investment Advisers order imposing monetary, equitable, or ad- a continuing failure to comply with such in- Act of 1940 (15 U.S.C. 80b–9(e)) is amended— ministrative relief in any Commission action junction or order, each day of the failure to (1) in paragraph (1), by inserting after ‘‘the alleging fraud by that person.’’. comply with the injunction or order shall be rules or regulations thereunder,’’ the fol- (c) INVESTMENT COMPANY ACT OF 1940.— deemed a separate offense. lowing: ‘‘a federal court injunction or a bar (1) INELIGIBILITY OF CERTAIN UNDERWRITERS ‘‘(B) INJUNCTIONS AND ORDERS.—Subpara- obtained or entered by the Commission AND AFFILIATES.—Section 9(d)(2) of the In- graph (A) shall apply with respect to any ac- under this title,’’; and vestment Company Act of 1940 (15 U.S.C. 80a– tion to enforce— (2) by amending paragraph (4) to read as 9(d)(2)) is amended by adding at the end the ‘‘(i) a Federal court injunction obtained follows: following: pursuant to this title; ‘‘(4) SPECIAL PROVISIONS RELATING TO A VIO- ‘‘(D) FOURTH TIER.—Notwithstanding sub- ‘‘(ii) an order entered or obtained by the LATION OF AN INJUNCTION OR CERTAIN OR- paragraphs (A), (B), and (C), the maximum Commission pursuant to this title that bars, DERS.—

VerDate Sep 11 2014 12:06 Feb 23, 2017 Jkt 019102 PO 00000 Frm 00044 Fmt 0686 Sfmt 0634 E:\BR12\S01FE2.001 S01FE2 rmajette on DSK2TPTVN1PROD with BOUND RECORD 596 CONGRESSIONAL RECORD—SENATE, Vol. 158, Pt. 1 February 1, 2012 ‘‘(A) IN GENERAL.—Each separate violation Senate on February 1, 2012, at 2:30 p.m., ate proceed to the immediate consider- of an injunction or order described in sub- to hold a European Affairs sub- ation of Calendar No. 304, S. 1296. paragraph (B) shall be a separate offense, ex- committee hearing entitled, ‘‘Ukraine The PRESIDING OFFICER. The cept that in the case of a violation through at a Crossroads: What’s at Stake for clerk will report the bill by title. a continuing failure to comply with such in- the U.S. and Europe?’’ junction or order, each day of the failure to The assistant legislative clerk read comply with the injunction or order shall be The PRESIDING OFFICER. Without as follows: deemed a separate offense. objection, it is so ordered. A bill (S. 1296) to revise the boundaries of ‘‘(B) INJUNCTIONS AND ORDERS.—Subpara- COMMITTEE ON SMALL BUSINESS AND John H. Chafee Coastal Barrier Resources graph (A) shall apply with respect to any ac- ENTREPRENEURSHIP System Sachuest Point Unit RI–04P, Easton tion to enforce— Mr. DURBIN. Mr. President, I ask Beach Unit RI–05P, Almy Pond Unit RI–06, ‘‘(i) a Federal court injunction obtained unanimous consent that the Com- and Hazards Beach Unit RI–07 in the State of pursuant to this title; mittee on Small Business and Entre- Rhode Island. ‘‘(ii) an order entered or obtained by the preneurship be authorized to meet dur- There being no objection, the Senate Commission pursuant to this title that bars, ing the session of the Senate on Feb- proceeded to consider the bill. suspends, places limitations on the activities ruary 1, 2012, at 10 a.m. in room 432 or functions of, or prohibits the activities of, Mrs. GILLIBRAND. I further ask a person; or Russell Senate Office building, to con- unanimous consent that the bill be ‘‘(iii) a cease-and-desist order entered by duct a roundtable entitled ‘‘Developing read a third time and passed, the mo- the Commission pursuant to section 203(k).’’. and Strengthening High-Growth Entre- tion to reconsider be laid upon the preneurship.’’ table, with no intervening action or de- SA 1509. Mr. VITTER submitted an The PRESIDING OFFICER. Without bate, and that any statements relating amendment intended to be proposed by objection, it is so ordered. to the measure be printed in the him to the bill S. 2038, to prohibit SUBCOMMITTEE ON OVERSIGHT OF GOVERNMENT RECORD. Members of Congress and employees of MANAGEMENT, THE FEDERAL WORKFORCE, The PRESIDING OFFICER. Without AND THE DISTRICT OF COLUMBIA Congress from using nonpublic infor- objection, it is so ordered. Mr. DURBIN. Mr. President, I ask mation derived from their official posi- The bill (S. 1296) was ordered to be tions for personal benefit, and for other unanimous consent that the Com- mittee on Homeland Security and Gov- engrossed for a third reading, was read purposes; which was ordered to lie on the third time, and passed, as follows: the table; as follows: ernmental Affairs’ Subcommittee on Oversight of Government Management, S. 1296 At the appropriate place, insert the fol- the Federal Workforce, and the Dis- Be it enacted by the Senate and House of Rep- lowing: trict of Columbia be authorized to resentatives of the United States of America in SEC. ll . BILL MAY NOT TAKE EFFECT BEFORE Congress assembled, A BUDGET RESOLUTION IS IN EF- meet during the session of the Senate SECTION 1. REPLACEMENT OF JOHN H. CHAFEE FECT. on February 1, 2012, at 2:30 p.m., to con- COASTAL BARRIER RESOURCES SYS- Notwithstanding any other provision of duct a hearing entitled, ‘‘Federal Re- TEM MAP. this Act, this Act shall not take effect before tirement Processing: Ensuring Proper (a) DEFINITION OF MAP.—In this section, the date a concurrent resolution on the and Timely Payments.’’ the term ‘‘Map’’ means the map that— budget has been agreed to and is in effect for The PRESIDING OFFICER. Without (1) is subtitled ‘‘Sachuest Point Unit RI– the fiscal year during which this Act was en- objection, it is so ordered. 04P, Easton Beach Unit RI–05P, Almy Pond acted. f Unit RI–06, Hazards Beach Unit RI–07’’; (2) is included in the set of maps entitled SA 1510. Mr. ENZI submitted an SAM D. HAMILTON NOXUBEE ‘‘John H. Chafee Coastal Barrier Resources amendment intended to be proposed by NATIONAL WILDLIFE REFUGE System’’ (referred to in section 4(a) of the him to the bill S. 2038, to prohibit Mrs. GILLIBRAND. Mr. President, I Coastal Barrier Resources Act (16 U.S.C. Members of Congress and employees of ask unanimous consent that the Com- 3503(a)) as the set of maps entitled ‘‘Coastal Congress from using nonpublic infor- mittee on Environment and Public Barrier Resources System’’); and (3) relates to certain John H. Chafee Coast- mation derived from their official posi- Works be discharged from further con- tions for personal benefit, and for other al Barrier Resources System units in the sideration of H.R. 588, and the Senate State of Rhode Island. purposes; which was ordered to lie on proceed to its immediate consider- (b) REPLACEMENT.—The Map is replaced by the table; as follows: ation. the map entitled ‘‘John H. Chafee Coastal At the end of the amendment, insert the The PRESIDING OFFICER. Without Barrier Resources System Sachuest Point following: objection, it is so ordered. Unit RI–04P, Easton Beach Unit RI–05P, SEC. ll. TRANSACTION REPORTING REQUIRE- The clerk will report the bill by title. Almy Pond Unit RI–06, and Hazards Beach MENTS. The assistant legislative clerk read Unit RI–07’’ and dated September 30, 2009. The transaction reporting requirements es- as follows: (c) AVAILABILITY.—The Secretary of the In- tablished by section 101(j) of the Ethics in A bill (H.R. 588) to redesignate the Noxubee terior shall keep the replacement map re- Government Act of 1978, as added by section National Wildlife Refuge as the Sam D. Ham- ferred to in subsection (b) on file and avail- 6 of this Act, shall not be construed to apply ilton Noxubee National Wildlife Refuge. able for inspection in accordance with sec- to a widely held investment fund (whether tion 4(b) of the Coastal Barrier Resources such fund is a mutual fund, regulated invest- There being no objection, the Senate Act (16 U.S.C. 3503(b)). proceeded to consider the bill. ment company, pension or deferred com- f pensation plan, or other investment fund), Mrs. GILLIBRAND. I ask unanimous if— consent that the bill be read a third HONORING THE LIFE OF KEVIN (1)(A) the fund is publicly traded; or time and passed, the motion to recon- HAGAN WHITE (B) the assets of the fund are widely diver- sider be laid upon the table, and any Mrs. GILLIBRAND. Mr. President, I sified; and statements relating to the measure be ask unanimous consent that the Sen- (2) the reporting individual neither exer- printed in the RECORD. ate proceed to the consideration of S. cises control over nor has the ability to exer- The PRESIDING OFFICER. Without Res. 365, submitted earlier today. cise control over the financial interests held objection, it is so ordered. by the fund. The bill (H.R. 588) was ordered to a The PRESIDING OFFICER. The f third reading, was read the third time, clerk will report the resolution by and passed. title. AUTHORITY FOR COMMITTEES TO The assistant legislative clerk read MEET f as follows: COMMITTEE ON FOREIGN RELATIONS TO REVISE THE BOUNDARIES OF A resolution (S. Res. 365) honoring the life Mr. DURBIN. Mr. President, I ask JOHN H. CHAFEE COASTAL BAR- of Kevin Hagan White, the Mayor of Boston, unanimous consent that the Com- RIER RESOURCES SYSTEM Massachusetts from 1968 to 1984. mittee on Foreign Relations be author- Mrs. GILLIBRAND. Mr. President, I There being no objection, the Senate ized to meet during the session of the ask unanimous consent that the Sen- proceeded to consider the resolution.

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Mr. President, I Whereas Mayor White valiantly fought Whereas, on November 2, 2011, Wilman ask unanimous consent that the reso- against Alzheimer’s disease after his diag- Villar Mendoza was detained by security lution be agreed to, the preamble be nosis in 2003 and despite this debilitating forces of the Government of Cuba for partici- agreed to, the motions to reconsider be challenge, he never stopped being an exam- pating in a peaceful demonstration in Cuba laid upon the table, with no inter- ple of strength for the City of Boston and his calling for greater political freedom and re- family; spect for human rights; vening action or debate, and any state- Whereas Kevin White is survived by his Whereas Wilman Villar Mendoza was sen- ments relating to the matter be print- wife, Kathryn; a brother, Terrence, who tenced to 4 years in prison after a hearing ed in the RECORD. managed his early campaigns; his sons, Mark that lasted less than 1 hour and during which The PRESIDING OFFICER. Without and Chris; his daughters, Caitlin, Beth, and Wilman Villar Mendoza was neither rep- objection, it is so ordered. Patricia; his 7 grandchildren; and his sister, resented by counsel nor given the oppor- The resolution (S. Res. 365) was Maureen Mercier; tunity to speak in his defense; agreed to. Whereas the most famous campaign slogan Whereas, on November 25, 2011, Wilman The preamble was agreed to. coined Kevin White, ‘‘A loner in love with Villar Mendoza was placed in solitary con- The resolution, with its preamble, the city’’; and finement after initiating a hunger strike to reads as follows: Whereas the irony of the slogan is that protest his unjust trial and imprisonment; Kevin White was never lonely and that the Whereas Wilman Villar Mendoza was a S. RES. 365 people of Boston who he loved so much, loved member of the Unio´ n Patrio´ tica de Cuba, a Whereas Kevin White was born in Boston him back: Now, therefore, be it dissident group the Cuban regime considers on September 25, 1929; Resolved, That— illegitimate because members express views Whereas his father, Joseph C. White, a leg- (1) the Senate— critical of the regime; islator of the Commonwealth of Massachu- (A) recognizes that Kevin White forever en- Whereas security forces of the Government setts; his maternal grandfather, Henry E. riched the Boston political landscape and of Cuba have harassed Maritza Pelegrino Hagan; and his father-in-law, William forged a new path for the City of Boston; Cabrales, the wife of Villar Mendoza and a Galvin; each served as presidents of the Bos- (B) pays tribute to the work by Kevin member of the Ladies in White (Damas de ton City Council; White to improve the lives of the residents of Blanco), and have threatened to take away Whereas Kevin White earned a bachelor’s the City of Boston; and her children if she continues to work with degree from Williams College in 1952, a law (C) requests the Secretary of the Senate to the Ladies in White; degree from Boston College in 1955, and also prepare an official copy of this resolution for Whereas Human Rights Watch, which doc- studied at the Harvard Graduate School of presentation to the family of Kevin White; umented the case of Wilman Villar Mendoza, Public Administration, now the John F. Ken- and stated, ‘‘Arbitrary arrests, sham trials, inhu- nedy School of Government; Whereas in 1956, Kevin White married (2) when the Senate adjourns today, it mane imprisonment, and harassment of dis- Kathryn Galvin; stand adjourned as a mark of respect to the sidents’ families—these are the tactics used Whereas in 1960, at the age of 31, Kevin memory of former Boston Mayor Kevin to silence critics.’’; White was elected Secretary of the Common- Hagan White. Whereas Amnesty International stated, wealth of Massachusetts and was reelected 3 f ‘‘The responsibility for Wilman Villar times, serving until 1967; Mendoza’s death in custody lies squarely Whereas in January 1968, Kevin White be- HONORING THE LIFE OF WILMAN with the Cuban authorities, who summarily came the 51st Mayor of the City of Boston, VILLAR MENDOZA AND CON- judged and jailed him for exercising his right Massachusetts; DEMNING THE CASTRO REGIME to freedom of expression.’’; Whereas Orlando Zapata Tamayo, another Whereas within months after taking office Mrs. GILLIBRAND. Mr. President, I as Mayor of Boston, Kevin White was instru- prisoner of conscience jailed after the mental in helping guide the City of Boston ask unanimous consent that the Sen- ‘‘Black Spring’’ crackdown on opposition after the assassination of Dr. Martin Luther ate proceed to the immediate consider- groups in March 2003, died in prison on Feb- King, Jr.; ation of S. Res. 366, submitted earlier ruary 23, 2010, after a 90-day hunger strike; Whereas on April 5, 1968, Mayor White today. Whereas, according to the Cuban Commis- asked that the James Brown concert at the The PRESIDING OFFICER. The sion on Human Rights, the unrelenting tyr- Boston Garden be televised rather than be clerk will report the resolution by anny of the Castro regime has led to more than 4,000 political detentions and arrests in cancelled, as many suggested; title. Whereas during the concert, Mayor White 2011; and addressed the citizens to plead for calm and The assistant legislative clerk read Whereas Cuba is a member of the United said, ‘‘Twenty four hours ago Dr. King died as follows: Nations Human Rights Council despite nu- for all of us, black and white, that we may A resolution (S. Res. 366) honoring the life merous documented violations of human live together in harmony without violence, of dissident and democracy activist Wilman rights every year in Cuba: Now, therefore, be and in peace. I’m here to ask for your help Villar Mendoza and condemning the Castro it and to ask you to stay with me as your regime for the death of Wilman Villar Men- Resolved, That the Senate— mayor, and to make Dr. King’s dream a re- doza. (1) condemns the Cuban regime for the ality in Boston. No matter what any other There being no objection, the Senate death of Wilman Villar Mendoza on January 19, 2011, following a hunger strike to protest community might do, we in Boston will proceeded to consider the resolution. honor Dr. King in peace.’’; his incarceration for participating in a Whereas during his time as Mayor of Bos- Mrs. GILLIBRAND. Mr. President, I peaceful protest and to highlight the plight ton, Kevin White undertook a program of ask unanimous consent that the reso- of the Cuban people; urban revitalization of the downtown areas lution be agreed to, the preamble be (2) condemns the repression of basic human of Boston that forever transformed Faneuil agreed to, the motion to reconsider be and civil rights by the Castro regime in Cuba Hall and Quincy Market; laid upon the table, with no inter- that resulted in more than 4,000 detentions Whereas during his time as Mayor, Kevin vening action or debate, and any state- and arrests of activists in 2011; White brought the residents of each neigh- ments relating to the measure be print- (3) honors the life of Wilman Villar Men- borhood of Boston, from Mattapan to doza and his sacrifice on behalf of the cause Charlestown, from South Boston to Brigh- ed in the RECORD. of freedom in Cuba; ton, from East Boston to West Roxbury, to- The PRESIDING OFFICER. Without (4) extends condolences to Maritza gether through programs like Summerthing, objection, it is so ordered. Pelegrino Cabrales, the wife of Wilman Little City Halls, and jobs for at-risk youth; The resolution (S. Res. 366) was Villar Mendoza, and their children; Whereas in 1974, Judge W. Arthur Garrity agreed to. (5) urges the United Nations Human Rights Jr. of the United States District Court for The preamble was agreed to. Council to suspend Cuba from its position on the District of Massachusetts ordered Boston The resolution, with its preamble, the Council; to begin busing children to integrate its reads as follows: (6) urges the General Assembly of the schools; United Nations to vote to suspend the rights Whereas during a difficult period of racial S. RES. 366 of membership of Cuba to the Human Rights tension for the City of Boston, Mayor White Whereas, on Thursday, January 19, 2012, 31- Council; urged the people of Boston to remember year-old Cuban dissident Wilman Villar Men- (7) urges the international community to their common identity; doza died, following a 56-day hunger strike to condemn the harassment and repression of Whereas from 1984 to 2002, Kevin White was highlight his arbitrary arrest and the repres- peaceful activists by the Cuban regime; and the director of the Institute for Political sion of basic human and civil rights in Cuba (8) calls on the governments of all demo- Communication at Boston University; by the Castro regime; cratic countries to insist on the release of all

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political prisoners and the cessation of vio- IN THE COAST GUARD SCOTT A. WOOLWINE lence, arbitrary arrests, and threats against THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT To be major peaceful demonstrators in Cuba, including TO THE GRADE INDICATED IN THE UNITED STATES PAMELA A. ALLEY threats against Maritza Pelegrino Cabrales COAST GUARD RESERVE UNDER TITLE 10, U.S.C., SECTION MATTHEW R. BASLER and members of the Ladies in White (Damas 12203(A): WESLEY T. CHOATE To be captain BENJAMIN B. CHRISTEN de Blanco). TROY D. CHINEVERE PATRICK K. ABOAGYE WILLIAM S. FINLEY f DAVID R. ALLEN WILLIAM D. GENTILE WILLIAM F. CSISAR LEWIS A. JACKSON ORDERS FOR THURSDAY, DANIEL F. LEICHSSENRING IN THE NAVY FEBRUARY 2, 2012 CHRISTIAN F. LICHTER THE FOLLOWING NAMED OFFICER FOR APPOINTMENT ALAN L. MILLER Mrs. GILLIBRAND. Mr. President, I IN THE UNITED STATES NAVY TO THE GRADE INDICATED JOHN E. MOTLEY ask unanimous consent that the Sen- WHILE ASSIGNED TO A POSITION OF IMPORTANCE AND JUSTIN A. RIDDLE RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION 601: TODD J. ROSENQUIST ate adjourn until 9:30 a.m. on Thurs- DANIEL G. SCHILLING To be admiral RALPH R. SHOUKRY day, February 2, 2012; that following STEVEN J. SLATER the prayer and the pledge, the Journal VICE ADM. WILLIAM E. GORTNEY JOSHUA J. SMITH IN THE AIR FORCE ROBERT L. SOUTHERLAND of proceedings be approved to date, the DANIEL W. STUPINSKI morning hour be deemed to have ex- THE FOLLOWING NAMED INDIVIDUAL FOR APPOINT- KLIS T. ZANNIS MENT TO THE GRADE INDICATED IN THE REGULAR AIR pired, and the time for the two leaders FORCE UNDER TITLE 10, U.S.C., SECTION 531(A): IN THE ARMY be reserved for their use later in the To be major THE FOLLOWING NAMED OFFICER FOR APPOINTMENT day; that following any leader re- TO THE GRADE INDICATED IN THE RESERVE OF THE OSCAR FONSECA ARMY UNDER TITLE 10, U.S.C., SECTION 12203: marks, the Senate be in a period of THE FOLLOWING NAMED INDIVIDUALS FOR APPOINT- To be colonel morning business until 11 a.m., with MENT TO THE GRADE INDICATED IN THE REGULAR AIR Senators permitted to speak therein FORCE UNDER TITLE 10, U.S.C., SECTION 531(A): SCOTT W. MARLIN To be major THE FOLLOWING NAMED INDIVIDUAL FOR APPOINT- for up to 10 minutes each, with the MENT TO THE GRADE INDICATED IN THE REGULAR ARMY time equally divided and controlled be- THOMAS G. DUFFETT MEDICAL CORPS UNDER TITLE 10, U.S.C., SECTIONS 531 tween the two leaders or their des- THOMAS S. GARRIDO AND 3064: THE FOLLOWING NAMED OFFICER FOR REGULAR AP- To be lieutenant colonel ignees, with the majority controlling POINTMENT IN THE GRADE INDICATED IN THE UNITED the first half and the Republicans con- STATES AIR FORCE UNDER TITLE 10, U.S.C., SECTIONS RICHARD T. MULL 531(A) AND 716: trolling the final half; and that fol- THE FOLLOWING NAMED INDIVIDUAL FOR APPOINT- To be major MENT TO THE GRADE INDICATED IN THE REGULAR ARMY lowing morning business, the Senate DENTAL CORPS UNDER TITLE 10, U.S.C., SECTIONS 531 resume consideration of S. 2038, the MICHAEL W. PAULUS AND 3064: THE FOLLOWING NAMED OFFICER FOR APPOINTMENT To be major Stop Trading on Congressional Knowl- TO THE GRADE INDICATED IN THE UNITED STATES AIR edge Act. FORCE UNDER TITLE 10, U.S.C., SECTION 624: KELLY E. CARLEN The PRESIDING OFFICER. Without To be major THE FOLLOWING NAMED INDIVIDUAL FOR APPOINT- MENT TO THE GRADE INDICATED IN THE REGULAR ARMY objection, it is so ordered. BENJAMIN G. HUGHES NURSE CORPS UNDER TITLE 10, U.S.C., SECTIONS 531 AND 3064: f THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT TO THE GRADES INDICATED IN THE UNITED STATES AIR To be major PROGRAM FORCE UNDER TITLE 10, U.S.C., SECTION 624: To be lieutenant colonel DAVID C. HATCH Mrs. GILLIBRAND. The managers of THE FOLLOWING NAMED INDIVIDUALS FOR APPOINT- the bill will continue to negotiate an MICHELLE S. FLORES MENT TO THE GRADES INDICATED IN THE REGULAR To be major ARMY MEDICAL SERVICE CORPS UNDER TITLE 10, U.S.C., agreement to complete action on the SECTIONS 531 AND 3064: bill tomorrow. Senators will be noti- MARK B. DUDLEY To be lieutenant colonel DENA L. ENGEL fied when any agreement is reached. MOLLY F. GEORGE PETER V. HUYNH Mr. President, I commend Leader THE FOLLOWING NAMED INDIVIDUALS FOR APPOINT- To be major MENT TO THE GRADE INDICATED IN THE REGULAR AIR REID and Chairman LIEBERMAN for FORCE UNDER TITLE 10, U.S.C., SECTION 531(A): MAJWA AHMAD their strong work, along with Senator To be major RICHARD A. DANIELS COLLINS for her work in reaching bipar- GARRETT T. HINES AMORY S. BALUCATING MICHAEL J. RAKOW tisan resolutions on this issue. We will KENNETH S. BODE THE FOLLOWING NAMED ARMY NATIONAL GUARD OF continue to work through the night JUSTIN J. CLARK THE UNITED STATES OFFICERS FOR APPOINTMENT TO CRISTALLE A. COX THE GRADE INDICATED IN THE RESERVE OF THE ARMY hoping to reach a resolution early in JARRAOD E. DUMPE UNDER TITLE 10, U.S.C., SECTIONS 12203 AND 12211: the day. MATTHEW C. GILL JEFFREY MEADE To be colonel f TYLER S. REYNOLDS MICHAEL A. ABELL CHRISTOPHER W. SNYDER ZACHARY F. DOSER ADJOURNMENT UNTIL 9:30 A.M. CHUONG N. THAI BRIAN F. WERTZLER HANS R. WATSON TOMORROW RAMOTHEA L. WEBSTER THE FOLLOWING NAMED ARMY NATIONAL GUARD OF THE UNITED STATES OFFICERS FOR APPOINTMENT TO Mrs. GILLIBRAND. Mr. President, if THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT THE GRADE INDICATED IN THE RESERVE OF THE ARMY IN THE GRADES INDICATED IN THE REGULAR AIR FORCE UNDER TITLE 10, U.S.C., SECTIONS 12203 AND 12211: there is no further business to come be- UNDER TITLE 10, U.S.C., SECTION 531(A): To be colonel fore the Senate, I ask unanimous con- To be lieutenant colonel sent that it adjourn under the previous CHARLES H. BUXTON DARRIN L. BARRITT GREGORY T. DAY order. BLAINE H. BATEMEN KARL KONZELMAN JOSEPH P. BECKER THOMAS M. VICKERS, JR. There being no objection, the Senate, WILLIAM W. BORDON at 7:56 p.m. adjourned until Thursday, PATRICK T. BRODERICK THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT MICHAEL E. BROWN TO THE GRADE INDICATED IN THE RESERVE OF THE February 2, 2012, at 9:30 a.m. MICHAEL E. EVERTON ARMY UNDER TITLE 10, U.S.C., SECTION 12203: JAMES T. GOODWIN To be colonel f BLAKE B. JESSEN LANCE M. JOHNSTON THOMAS AUBLE NOMINATIONS DANIEL R. HAYNES ARMAND G. BEGUN MARK A. KOENIG JOHN M. BERGEN Executive nominations received by JEFFREY J. KRIENKE MICHELLE E. CRAWFORD the Senate: SCOTT J. LUBIN MICHAEL J. DEEGAN BRENT E. MOORE WILLIAM B. DYER III EXECUTIVE OFFICE OF THE PRESIDENT DAVID P. NARDOZZI ANDREW C. EFAW DAVID A. OMSTEAD RANDALL FLUKE MICHAEL A. BOTTICELLI, OF MASSACHUSETTS, TO BE KENT E. PETERSON STUART C. GAUFFREAU DEPUTY DIRECTOR OF NATIONAL DRUG CONTROL POL- PAUL D. PETERSON MICHAEL P. MORAN ICY, VICE A. THOMAS MCLELLAN. RICHARD L. RICHARD RICHARD M. MURPHY DEPARTMENT OF THE TREASURY AMIN Y. SAID NATHANIEL J. REITZ RODNEY L. STAGGS CHRISTOPHER W. RYAN CHRISTY L. ROMERO, OF VIRGINIA, TO BE SPECIAL IN- JACK F. II STUART PAMELA STEPHENS SPECTOR GENERAL FOR THE TROUBLED ASSET RELIEF SEAN P. TIERNAN RONDA SUTTON PROGRAM, VICE NEIL M. BAROFSKY, RESIGNED. MARK A. TWITCHELL BRIAN E. TOLAND

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ALBERT R. VELDHUYZEN TSELANE P. WARE BRENDA C. PLOOF ALVIN P. WADSWORTH, JR. KIMBERLY S. YORE JAVIER A. RAMIREZSMITH DAVID B. WALLACE THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT CARLOS M. RAMOS CHRISTOPHER J. WOOD TO THE GRADE INDICATED IN THE UNITED STATES ARMY KENNETH T. RAY THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT NURSE CORPS UNDER TITLE 10, U.S.C., SECTIONS 624 AND MELISSA D. REECE TO THE GRADE INDICATED IN THE UNITED STATES ARMY 3064: CHARLES E. REEDER MELISA S. REEVES MEDICAL SPECIALIST CORPS UNDER TITLE 10, U.S.C., To be major SECTIONS 624 AND 3064: MARY B. RENKIEWICZ REGINA D. RIEGER CAROL H. ADAMS To be major SEAN P. RILEY JAMILIA M. ADAMSHENDERSON ALFREDA B. RITTER EKERETTE U. AKPAN PAUL B. ALLEN, SR. THOMAS ROBINSON NORMA R. ALANIZ JOHN J. ALVITRE DANIELLE K. RODONDI CLAUDIA A. ALLIS SCOTT E. ANDERSON GRISELLE RODRIGUEZ JOSHUA S. ANDERSON CINDY T. ATKINS TRACEEE J. ROSE JORGE L. APONTE TERRY D. BLACKWELL DIONICIA M. RUSSELL PETER J. ATTILIO WILLIE D. BOOKER JAMES E. RYALS NIKKI R. BAILEY RAMON S. BRADSHAW PEGGY S. SALINAS WILLETTE C. BALSAMO RONALD A. BROCK MICHAEL R. SCHELL BENJAMIN D. BANCHEK DAVID E. BROOKS BENNY C. SCHULTEIS SUSAN A. BARTRAM PETER J. CARROLL ANGEL F. SEDASEDA KARA T. BEATTIE LORI A. CLARK DEANNA R. SETTELMEYER ROSALIE C. BENNETT CHAD A. COLE PRISCILLA N. SHAW ROSEMARY E. BEYSIEGEL JOHN P. DAVINSON DEANNA M. SHEETS GEORGE V. BIGALBAL SHAREN D. DENSON DWAYNE C. SHEPHERD FRANCES E. BRADLEY COLIN M. DUNDERDALE RITA M. SIMS FRIEDA R. BRADSHAW JOSE D. DURBIN CARMEN D. SMITH AMY B. BRAY MARK W. EPPS MICHAEL D. STEPP CHRISTOPHER D. BRETT SCOTT T. FESTA RICHARD R. STEVENS JOHN S. BRINKMAN SUSAN G. FISHER ROBERT C. STRICKLAND JOHN E. BUEN ROSALYN V. FITZPATRICK CHRISTOPHER H. STUCKY BRIAN P. CAHILL RAMON E. FRY II JASON A. SZAKEL DEANN M. CALLANAN EDWARD A. GAGE HEIDI M. TABAREZ ANNE C. CHIQUITUCTO FELIPE GALVAN VALERIE TAYLOR ANGELIKA W. CHIRI JEFFREY D. GARBERICH JOSE E. TIRADO DWIGHT M. CHRISTENSEN JOHN B. GILLUM, JR. ASHONDA T. K. TRICE JOYCELYN S. CONSTANTINO EDWIN X. GUTIERREZ JONPAUL T. TROSSI ANTHONY W. COOPER MATTHEW B. HANNA KRISTINE M. TUTTLE MELISSA F. CURRY TODD A. HEINS RANDY T. VIRAY JANICE N. DANIEL GREGORY A. HERSHEY IRA L. WAITE REGINA G. DANIELS SCOTT R. HITTER KENORA L. WALKER JACOB L. DEEDS JOHN D. HUSE EDWARD T. WALSH II RENE DELAROSA CHARLES R. JENNINGS GABRIEL D. WANDER RICHELLE R. DEMOTICA DAVID A. JOHNSTON CHARLES W. WATSON III KELLY L. DOHERTY JOHN E. KING MICHELLE D. WELLS ERNEST M. DOREMA RANDOLPH W. KNOX MARVA WILCOX LINDSAY A. DRYSDALE CHONG U. KO ALECIA S. WILLIAMS CHRISTINE A. DUNGY BENJAMIN K. KOCHER GEORGE N. WILLIAMS JENNIFER L. EASLEY CHRISTINE L. LANDRY CHARLENE A. WILSON SIMONE M. EDWARDS RONALD A. LEACH DAISY A. WILSON DOUGLAS J. ERDLEY JONATHAN D. LESHER MONICA F. WYATT ROBERT L. FLORES JUSTIN F. LETOURNEAU DUANE J. ZARICOR CHANDRA A. FORD KNIGHT S. I. MANSARAY TOMASZ ZIELINSKI ARLISA J. FORDBIBER ROBERT R. MCKIBBEN ALISON R. FRANSIOLI THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT ALDO M. MENDOZA TAMMY L. FUGERE TO THE GRADE INDICATED IN THE UNITED STATES ARMY KRYSTAL MORRIS LISA L. GASKIN MEDICAL SERVICE CORPS UNDER TITLE 10, U.S.C., SEC- ARNRAE U. MOULTRIE ANN E. GENN TIONS 624 AND 3064: CECILIA NAJERA JENNIFER M. GOMES ANDREW R. OBANDO To be major JERRY W. GOSTNELL MELISSA D. OGLE MARI E. GROEBNER COREBRIANS A. ABRAHAM STEVEN D. OWENS PARKER M. HAHN SEAN ALLEN DEREK J. PARKER JAMES A. HALEY VERONICA N. ALMEIDA JOHN J. PENA GEORGE E. HANSEN LAURA J. ANDRICK MARQUES T. RAPOSO KONNI L. HANSEN DONALD P. APPLEMAN RETAUNDA M. RILEY LEONARD C. HATCHER CASEY ARRIAGA CORTES M. RIVERA SONIA R. HEARN THUYA AUNG KENNETH P. RIVERA PAUL C. HECK KAREN J. BAIMBRIDGE PHILIP J. ROYER PACQUITA M. HILL JASON B. BAUMGARTNER CHRISTOPHER M. SACHELI WILLIAM G. INMAN TERRI N. BAYNE RORY J. SALIGER VALERIE J. INSOGNA CYNTHIA BILLIE ROBERT A. SCAVELLI PREATA L. JACKSON JOSEPH P. BLAKENEY SHERRILL F. SCHAAF DESIREE M. JONES ANTONIO D. BLUE DENNISON S. SEGUI KADIJATU KAKAY CRYSTAL L. BRIGANTTI ANGELA E. SLITZER SUSAN M. KEEGAN LEXIE B. BUENAVENTURA TAMMY M. SMOAK JAMES A. KILBOURN TIMOTHY S. BURCH MICHAEL C. STACKHOUSE II PATRICIA L. KINDRED JOSEPH L. BURKS THOMAS S. STRAIN BLAIN A. KING MARIE P. CABEL ANGELA K. TAGUE ROBERT M. KOPCZYK CHRISTOPHER H. CALDWELL SEAN P. THERIEN LAURIE A. KWOLEK DAVID A. CARUSO BRADLEY C. TIBBETTS WENDY S. LAI ROBERT CASE BRADLEY S. TRAGORD EMILY R. LEITER MARISOL S. CASTANETO MOHAMAD A. UMAR FERNANDO LOPEZ, JR. JONATHAN R. CATALANO JOSEPH C. WHELCHEL SHARON A. LYLES LISA M. CHABOT ARNALDO F. ZELAYACASTRO SABRINA M. MANWILLER DAVID E. CHAPPELL RONALD T. MARPLE CHRISTOPHER E. CHEAGLE THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT MICHAEL S. MARQUEZ LEANNE M. CLEVELAND TO THE GRADE INDICATED IN THE UNITED STATES ARMY MATTHEW K. MARSH PARNELL COLEMAN VETERINARY CORPS UNDER TITLE 10, U.S.C., SECTIONS PATRICIA A. MARTINEZ WALTER J. COUCH 624 AND 3064: SAUNDRA D. MARTINEZ ANDREA L. CREARY To be major KELLY A. MCKAY MECREDI M. CRUDER NICOLE K. MCKENNA SILAS A. DAVIDSON KATIE BARRY CHRISTOPHER G. MCKENZIE JONATHAN P. DEETER II JAMIE C. BROWN CHRISTOPHER M. MCPHINK JOSHUA DEFREITAS SARAH A. COOPER COREY A. MERRITT SHAWN J. DEFRIES SHARON DAYE JACQUELINE D. MONROE CICELY M. DENT CAROLYN B. DESHAIES GUSTAVO E. MORENO SEMONE M. DILWORTH LEONORA J. DICKSON ALISON C. MURRAY ERICA L. DORTCH SHAWN M. DUNN JOHN P. MURRAY MICHAEL DRULIS JOSEPH EGGERS NHAN L. NGOANDERSON TYLER D. DUMARS CYNTHIA A. FACCIOLLA SHANE T. OBANION TRACY L. DURHAM AMY FIELD PEDRO N. OBLEA KENNON J. ETHERIDGE STEPHANIE HALL SCOTT M. OBRIEN JOHNATHAN J. EVANS CORINN D. HARDY SARAH N. OHM RICHARD FOUCAULT DEAN N. LAVALLEE TINA N. ORTIZ BRICE D. FRANKLIN SEAN MAJOY DAVID S. OUANO APRIL FRITCH JOLENE M. NORTH DAHLIA L. PACHECO RODEMIL R. FUENTES LAUREN L. PECHER JOLEEN G. PANGELINAN LOLITO GANAL KARI I. PROPER ANTHONY N. PANSOY ALBERT GARCIA JENNIFER L. SCRUGGS MARCELLE J. PASION PEDRO GARCIA, JR. JONATHAN SHEARER JOHN R. PERKO RANDY J. GARCIA SUZANNE C. SKERRETT MARIA T. PESCATORE MATTHEW S. GARRIDO THOMAS R. TUCKER III ALFREDA D. PETERSON JAMES C. GEDDIE

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KATRINA A. GILL PHILIP L. WEAVER ENRIQUE A. AZENON ANGELA M. GILLIE VANESSA WHITE ROZANNE BANICKI DAVID A. GLEN WILLIE C. WILLIAMS CASEY M. BARNES WILLIAM J. GOTTLICK CONRAD R. WILMOSKI ERIK J. BARTELT SAMMY J. GRAHAM CHRISTOPHER R. WILSON FRANCIS A. BARTH III MICHAEL R. GREIFENSTEIN THEODORE A. WILSON JOHN M. BASEEL LAMISA S. GUY MICHAEL D. WOOD THEODORE W. BATZEL, JR. JIN B. HA RICHARD E. WOOD JOSEPH T. BEALS RODNEY R. HANKINS, JR. SCOTT E. WOODARD CHRISTOPHER D. BEASLEY THOMAS M. HARDY SEO YANG THOMAS M. BEDELL APRIL L. HARRIS CHARLES D. ZAMORA BRIAN M. BELL JAMES T. HARRIS, JR. RENEE E. ZMIJSKI ERIN S. BENJAMIN NANCY O. HEATH GARRETT L. BENSON IN THE MARINE CORPS DOUGLAS P. HERRMANN CHARLES H. BERCIER III REBECCA A. HICKS THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT THEODORE C. BETHEA II THOMAS E. HICKS TO THE GRADE INDICATED IN THE UNITED STATES MA- JOHN E. BILAS DANIELLE HINES RINE CORPS RESERVE UNDER TITLE 10, U.S.C., SECTION EDUARDO C. BITANGA II ROGER O. HOSIER 12203: ROBERT J. BODISCH, JR. JASON W. HUGHES CHARLES E. BODWELL MICHAEL J. INMAN To be colonel CHRISTOPHER L. BOPP JUNJIE J. INOCENCIO ELIKA S. BOWMER PAUL H. ATTERBURY ANDREA M. JACKSON KEVIN J. BOYCE JAMES G. BARTOLOTTO JAMES A. JENKINS, JR. JONATHAN L. BRADLEY CHRISTOPHER M. BEVILACQUA MARIA F. JOHNSON DEREK M. BRANNON CHERYL M. BLACKSTONE LATONYA R. JONES FRANK J. BROGNA III CHRISTOPHER J. BUSCH EDGAR S. KANAPATHY ERIC C. BROWN NELSON S. CARDELLA ANTHONY D. KANG MEREDITH E. BROWN MARK L. CAVALIERO SAINT C. KANIAUPIO SHANNON M. BROWN FRANCIS W. CHARLONIS EDWARD F. KEEN III AARON J. BRUNK DOUGLAS K. CLARK JOHN E. KENDZIE ALVIN L. BRYANT, JR. MARK R. COAST ROBYN A. KENNEDY GREGORY S. BURGESS KEVIN J. CONWAY KENDAL M. KETTLE DOUGLAS W. BURKMAN JOE E. DAVIS, JR. MICHELLE L. KLINE ROBERT S. BURRELL CHRISTIAN F. DEFRIES III ARTHUR A. KNIGHT JEFFREY D. CABANA TREVOR D. DEVINE MARK C. KNIGHT DANIEL R. CAMPBELL JEFFREY B. DIXON LYLE J. KOLNIK RAFAEL A. CANDELARIO II DAVID J. DOOLAN ANNE M. KONSHAK MARK E. CARLTON CHRISTOPHER J. DOUGLAS KARL F. KORPAL MICHAEL R. CHALLGREN OLIVER H. DUNHAM, JR. JARED J. LAMPE CHAD A. CHORZELEWSKI EDWARD C. DURANT LOUIE L. LE WILLIAM H. CHRONISTER ROBERT W. EGENOLF IN A. LEE JESUS M. CLAUDIO CHARLES E. ELLIS PAUL B. LESTER JOSHUA D. CLAYTON PETER J. FINAN STEPHEN A. LEWANDOWSKI C R. CLIFT DONALD J. FRONING, JR. BRADY M. LICARI LLONIE A. COBB MELY F. GABA, JR. JERED D. LITTLE DANIEL E. COLVIN, JR. DOUGLAS W. GARDNER JOHN M. LOPEZ ADAM S. CONWAY MICHAEL T. GARRETT JORGE O. LOPEZ ROBERT L. CORL JOHN M. GRELLA CLAYTON T. MANNING STEPHEN L. COSBY CHRISTOPHER R. GUILFORD FRANCISCO MARCHESEGONZALEZ HEATHER J. COTOIA GREGORY M. HALLINAN JOHN P. MARSHALL BRADLEY S. COWLEY RICHARD J. HARRIES III WILLIAM F. MCCALMONT RYAN E. CRAIS JOHN R. HARRIS, JR. MORGAN D. MCDANIEL BRENT A. CREWS MARK A. HASHIMOTO HAROLD MCDONALD CHRISTOPHER C. CURRAN SABRINA J. HECHT JARROD A. MCGEE JON A. CUSTIS STUART B. HELGESON LAURA L. MCGHEE CHRISTOPHER E. DEANTONI WILLIAM H. HOLMES DWAYNE G. MCJUNKINS MICHAEL J. DEDDENS EDUARDO JANY VANESSA R. MELANSON MANUEL J. DELAROSA KRISTI A. JOHNSON MARIANO T. MESNGON, JR. GERALD DELIRA, JR. LAWRENCE J. KAIFESH JON MESSENGER JOSEPH T. DELLOS JEFFERSON L. KASTER CRAIG W. MESTER CHARLES W. DELPIZZO III JAMES A. KING SHERON C. MIDDLETON GREGORY P. DEMARCO JONATHAN E. KIRKPATRICK JACOB T. MILLER ERIC C. DILL MICHAEL H. LEDBETTER CHADWICK A. MILLIGAN FRANK DIORIO, JR. SCOTT M. MARCONDA ANETRA S. MIRANDA ANDREW P. DIVINEY MICHAEL S. MARTIN ANTHONY G. MIRANDA ERIC L. DIXON TIMOTHY S. MCCONNELL TRACY M. MORNING WILLIAM DOCTOR, JR. MARK S. MINER, JR. ELAINE Q. MORRISON DAVID A. DOUCETTE DAVID M. MONROE EDUARDO T. MOTEN STEVEN R. DOUGLAS KEVIN D. MOON SERENA T. MUKAI TROY M. DOWNING DAVID L. MORGAN II KENNETH S. MURRAY MATTHEW J. DREIER CHRISTINA A. MURPHY TERESA D. MURRAY STEPHEN D. DRISKILL KENNETH B. NYHOLM MARGARET MYERS CHRISTOPHER M. DUKE STEPHEN L. PETERS ERIC A. NAVA JOSEPH R. DUMONT ROBERT W. PRITCHARD CHRISTOPHER J. NORDIN PHILIP E. EILERTSON GREGORY C. REEDER JESSICA R. PARKER JOHN M. ENNIS CHARLES R. RISIO MATTHEW T. PERRY MARK D. ERAMO REESE S. ROGERS BRIAN J. PETERSON BRUCE J. ERHARDT, JR. MARIO O. ROMAN SARAH L. PIERSON MICHAEL N. ESTES CHARLES S. ROYER CHRIS L. PITTS MATTHEW S. FAHRINGER THOMAS L. SARKO ULU E. PORTER JOSEPH A. FARLEY BRADLEY A. SEAY SCOTT M. PREUSKER MICHAEL M. FARRELL WILLIAM E. SMITH, JR. APARNA RAIZADA KRISTOPHER L. FAUGHT JON E. SPAAR GAIL E. RAYMOND THOMAS P. FAVOR PLAUCHE J. STROMAIN III HEINS V. RECHEUNGEL WILLIAM A. FEEKS SEAN M. SULLIVAN LISA M. REED SCOTT E. FERENCE VINCENT J. SUMANG TODD A. REEDER STEPHEN V. FISCUS GREGORY W. TAYLOR ADAM RESNICK MICHAEL L. FITTS KEVIN J. WATKINSON SHANNA M. REYES CHARLES N. FITZPATRICK III DOUGLAS S. WEINMANN MIGUEL A. ROQUE MICHAEL C. FLEMMING THOMAS C. WEST THOMAS J. SCHELL CHARLES B. FLOURNOY GERARD A. WYNN, JR. WAYNE A. SCHINTGEN BRYAN J. FORNEY TERRI R. ZIMMERMANN STEPHEN K. SCHLEGEL MARK E. FRANKO RUSSELL T. ZINK HENRY W. SCHNEDLER AARON T. FRAZIER DONALD A. ZIOLKOWSKI JESSICA R. SCHULTZFISCHER IAN C. GALBRAITH STEPHEN D. SCHWAB THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT JOSEPH E. GALVIN JAMES E. SILVERSTRIM TO THE GRADE INDICATED IN THE UNITED STATES MA- JER J. GARCIA DARCI R. SMITH RINE CORPS UNDER TITLE 10, U.S.C., SECTION 624: SCOTT A. GEHRIS VICTORIA K. SOMNUK To be lieutenant colonel LESTER R. GERBER RYAN M. SPILLANE KATE I. GERMANO ROBERT E. STILLWELL MARTIN L. ABREU PAUL M. GHIOZZI KENNETH W. STURTZ IV CEASAR M. ACHICO PETER M. GIBBONS DEMETRIA V. SUTTON DAVID M. ADAMIEC TARRELL D. GIERSCH BRETT E. SWIERCZEWSKI ERIC J. ADAMS THOMAS H. GILLEY IV SUSAN M. TALLMAN MICHELLE E. AKERS JAMES R. GLADDEN III DARREN R. TETERS LOUIS M. ALBIERO, JR. JEFFREY D. GOODELL JOSHUA C. THOMPSON PATRICK E. ALLEN CRAIG A. GRANT ROCKY F. TORRES TIMOTHY E. ANDERSON BRANDON C. GREGOIRE JAVIER TREVINO AARON A. ANGELL COLLEEN R. GRIMM YUEN H. TSANG JUSTIN J. ANSEL, JR. WILLIAM H. GRUBE JIMMY D. WADE JAMES F. ARMAGOST ROBERT J. GUICE STEVEN H. WAKEFIELD ADRIAN D. ARMOLD REGINA M. GUSTAVSSON MICHAEL A. WASHINGTON PHILLIP N. ASH JOHN T. GUTIERREZ

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MATTHEW B. HAKOLA KEITH S. OKI BENJAMIN M. VENNING MARK E. HALVERSON JEFFREY W. OLESKO PAT P. VONGSAVANH JEFFREY L. HAMMOND DONALD W. OLIVER, JR. PHILIP E. WAGGONER ROBERT M. HANCOCK BERNARD J. OLOUGHLIN WALTER J. WALLACE DAVID W. HANDY MARK A. PAOLICELLI WAYNE J. WALTRIP RICHARD D. HANSEN RANDALL A. PAPE GREGORY J. WARDMAN, JR. ETHAN H. HARDING LARRY D. PARKER, JR. ANTONIO H. WATERS ELIZABETH A. HARVEY THOMAS W. PARKER KEITH S. WEINSAFT GEORGE D. HASSELTINE HENRY J. PARRISH WILLIAM S. WEIS HOWARD H. HATCH ROSS A. PARRISH VINCENT J. WELCH BRENDAN G. HEATHERMAN EDWARD J. PAVELKA SCOTT A. WESTERFIELD WILLIAM C. HENDRICKS IV ERIC J. PENROD JASON L. WHALEN SEAN D. HENRICKSON NATHAN T. PERKKIO DANIEL M. WHITLEY MICHAEL E. HERNANDEZ MATHEW J. PFEFFER BRYAN D. WILSON ARTURO HERNANDEZLOPEZ TUANANH T. PHAM JEFFREY W. WITHEE LARRY J. HERRING BRADLEY W. PHILLIPS BRIAN E. WOBENSMITH RALPH HERSHFELT III DAVID W. PINION TOMMY R. WRIGHT BERNARD HESS BENJAMIN T. PIPES DANIEL R. ZAPPA DREW R. HESS RICHARD H. PITCHFORD ROBERT C. ZYLA MICHAEL D. HICKS CLAY A. PLUMMER DALE A. HIGHBERGER DENNIS R. POWERS IN THE NAVY AARON P. HILL JAMES PRUDHOMME III CRAIG P. HIMEL SEAN T. QUINLAN THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT CHAD E. HOARE CHRISTINE K. RABAJA IN THE GRADE INDICATED IN THE REGULAR NAVY ROBERT E. HOFFLER, JR. GEORGE P. RAMSEY UNDER TITLE 10, U.S.C., SECTION 531: LUKE T. HOLIAN GUY W. RAVEY WILSON M. HOPKINS III HUNTER R. RAWLINGS IV To be lieutenant commander BRYAN T. HORVATH WILLIAM G. RAYNE KENNETH B. HOCKYCKO DANE L. HOWELL ANDREW P. REED ADEJOSE R. MCKOY RYAN M. HOYLE MATTHEW L. REGNER MICHAEL R. HUDSON ROBERT B. REHDER, JR. THE FOLLOWING NAMED INDIVIDUAL FOR APPOINT- PER D. HURST ERIC A. REID MENT TO THE GRADE INDICATED IN THE REGULAR NAVY BENJAMIN K. HUTCHINS MARK R. REID UNDER TITLE 10, U.S.C., SECTION 531: BRET M. HYLA PETER O. REITMEYER To be lieutenant commander CARLOS T. JACKSON SHELTON RICHARDS ROB L. JAMES RICHARD J. RIGHTER JOHN A. LANG ROBERT E. JAMES BENJAMIN S. RINGVELSKI THE FOLLOWING NAMED OFFICER FOR APPOINTMENT JESSE A. JANAY RANDALL C. RISHER TO THE GRADE INDICATED IN THE UNITED STATES NAVY JASON M. JANCZAK RAUL RIZZO UNDER TITLE 10, U.S.C., SECTION 624: SAMUEL L. JOHNSON RICHARD C. ROBERTS DERRICK L. JONES SEAN M. ROCHE To be lieutenant commander RONALD W. KEARSE MARK W. RODGERS DOUGLAS K. KELLER CLAIBORNE H. ROGERS DAVID A. CZACHOROWSKI TIMOTHY L. KELLY AARON M. ROSE THE FOLLOWING NAMED INDIVIDUAL FOR APPOINT- STEPHANIE D. KING RICHARD A. ROSENSTEIN, JR. MENT TO THE GRADE INDICATED IN THE REGULAR NAVY THOMAS F. KISCH THOMAS M. ROSS UNDER TITLE 10, U.S.C., SECTION 531: JOSHUA KISSOON SAM L. ROY MICHAEL C. KLINE MICHEAL D. RUSS To be commander CURT R. KNOWLES CHARLES W. RYAN KELLY P. COFFEY JOHN D. KNUTSON JOHN T. RYAN LIA B. KOLOSKI RUSSELL C. RYBKA THE FOLLOWING NAMED OFFICER FOR APPOINTMENT VINCE W. KOOPMANN CHRISTI L. SADDLER TO THE GRADE INDICATED IN THE UNITED STATES NAVY CONSTANTINE KOUTSOUKOS DENNIS W. SAMPSON, JR. UNDER TITLE 10, U.S.C., SECTION 624: CHARLES B. KROLL MAURICE A. SANDERS JOSEPH B. LAGOSKI JOHN E. SARNO To be commander PHILIP C. LAING JOHN S. SATTELY PETER J. OLDMIXON JUSTIN D. LAMORIE JOEL F. SCHMIDT THE FOLLOWING NAMED OFFICERS FOR TEMPORARY DEREK E. LANE ZACHARY T. SCHMIDT APPOINTMENT TO THE GRADE INDICATED IN THE SCOTT A. LAUZON WILLIAM M. SCHRADER UNITED STATES NAVY UNDER TITLE 10, U.S.C., SECTION ANDREAS D. LAVATO SEAN D. SCHROCK 5721: JOSEPH S. LEE CHARLES F. SCHWARM WILSON S. LEECH III DANIEL R. SCOTT To be lieutenant commander JOEL T. LEGGETT ROBERT C. SELLERS JOHN G. LEHANE MICHAEL P. SHAND JASON A. ALTHOUSE JONATHAN B. LINDSEY BRIAN O. SHELLMAN COREY D. BARKSDALE MARK R. LISTON WILLIAM T. SIMMONS NICOLAS T. BOGAARD JOHN W. LITTON LOUIS P. SIMON JONATHAN J. BRENNAN JAMES W. LIVELY MICHAEL D. SKAGGS RONALD W. BROOKS SHANE M. LONG DANIEL J. SKUCE PHILIP J. CAREY BRENT A. LOOBY SAMUEL L. SLAYDON STEVEN M. CARTER CARL M. LOWE DAVID P. SMAY IV JAMES L. CLARK III JAMES T. LOWERY ELIESER R. SMITH TREVOR J. CONGER CHARLES B. LYNN III MICHAEL R. SMITH RYAN P. CONOLE WILLIAM M. MAPLES ROGER A. SMITH BRIAN J. CUMMINGS MICHAEL C. MARGOLIS SEAN P. SMITH BRIAN W. DANIEL CORY J. MARTIN MARK C. SMYDRA MICHAEL DAURO JAMES T. MARTIN KIRK M. SPANGENBERG JUSTIN P. DAVIS JUSTIN E. MARVEL JARED A. SPURLOCK STEVEN A. DAWLEY MICHAEL C. MCCARTHY JAMES F. STAFFORD TERREANCE L. ELLIS GARY A. MCCULLAR JAMES T. STEIDLE JONATHAN R. GARNER BRIAN P. MCDERMOTT KENRIC D. STEVENSON CULLEN M. GREENFIELD MICHAEL S. MCFADDEN MARK A. STIFFLER JARED E. HENDERSON RODRICK H. MCHATY JEFFREY D. STONE DANIEL K. HOLLINGSHEAD JEFFREY L. MEEKER RONALD D. STORER MICHAEL G. KEATING SAMUEL L. MEYER GRAYSON T. STORY CHRISTOPHER KELLEY CHRISTOPHER V. MEYERS DEAN T. STOUFFER GEORGE G. KULCZYCKI BRETT M. MILLER KEVIN M. STOUT ADAM C. LAREAU KOLTER R. MILLER BRYAN G. SWENSON MARCUS J. MACHART DAVID H. MILLS MICHAEL N. SWIFT WILLIAM G. MANGAN BRIAN M. MOLL TROY S. SYBESMA ELIZABETH A. NELSON DAVID B. MOORE ERIK C. TAUREN PAUL G. PAVELIN BRUCE L. MORALES BARRON S. TAYLOR ANDREW W. PITTMAN DAVID M. MOREAU BRIAN J. TAYLOR JOHNNY M. QUILENDERINO STEPHEN H. MOUNT BRADLEY J. TEEMLEY THOMAS G. RALSTON SETH MUNSON THOMAS M. TENNANT NOAH S. RICH TANYA M. MURNOCK HAMARTRYA V. THARPE JEFFREY R. ROBERTS, JR. STEVEN R. MURPHY GREGORY A. THIELE TODD C. RONEK SEAN M. MURRAY WINSTON S. TIERNEY BRYAN D. SCULLIN MICHAEL R. NAKONIECZNY VIRGIL E. TINKLE BENJAMIN M. SMITH JOHN B. NAYLOR EDMUND B. TOMLINSON WILLIAM D. SMITH ANTHONOL L. NEELY MATTHEW W. TRACY RANDY M. STACK NICHOLAS O. NEIMER SCOTT T. TRENT NATHAN STUHLMACHER DAVID E. NEVERS JOSEPH M. TURGEON ERIK M. SWEET EDWARD T. NEVGLOSKI JOSEPH B. TURKAL PAUL M. UNVERZAGT ALEXANDRA K. NIELSEN HANORAH E. TYERWITEK ANDREW VINCENT SIEBRAND H. NIEWENHOUS IV JOSEPH S. UCHYTIL JOSHUA L. WRIGHT WADE H. NORDBERG JAMES D. UTSLER WILLIAM E. OBRIEN CHAD A. VAUGHN DANIEL M. OCONNOR ANDREW E. VELLENGA f

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The House met at 10 a.m. and was While houses of worship are exempt, convictions do not provide contracep- called to order by the Speaker pro tem- religiously affiliated organizations tives or refer women to abortions. Ap- pore (Mr. CRAVAACK). such as hospitals, universities, and parently, under this administration, in f charities are mandated to comply with order to aid victims, it is necessary for this government edict. This goes religious groups to violate their reli- DESIGNATION OF SPEAKER PRO against the basic tenets of the Catholic gious convictions. TEMPORE religion, as well as other faiths, Chris- These are only two of the most re- The SPEAKER pro tempore laid be- tian and non-Christian. cent assaults by government, our gov- fore the House the following commu- The administration believes that it’s ernment, on religious liberty and con- nication from the Speaker: enough to give religious organizations science. As soon as this administration WASHINGTON, DC, 1 year’s notice to comply with this gov- came into office, a proposal was sub- February 1, 2012. ernment oppression. But there will mitted to rescind conscience regula- I hereby appoint the Honorable CHIP never be enough time for the church to tions for medical professionals. Protec- CRAVAACK to act as Speaker pro tempore on change its core principles. tions for medical professionals who this day. Timothy Dolan, president of the would not violate their conscience by JOHN A. BOEHNER, United States Council of Catholic distributing emergency contraceptives Speaker of the House of Representatives. Bishops and New York archbishop, said was rescinded. This was just a glimpse f it best: ‘‘In effect, the President is say- of what was to come in deliberate dis- ing we have a year to figure out how to regard for the First Amendment. MORNING-HOUR DEBATE violate our consciences.’’ This administration’s attack on reli- The SPEAKER pro tempore. Pursu- Mr. Speaker, religious principles are gious liberty is a strike at the core ant to the order of the House of Janu- not negotiable. They are not to be sub- principles of our Nation. Government ary 17, 2012, the Chair will now recog- ject to bullying by any government, es- is putting basic freedoms in jeopardy nize Members from lists submitted by pecially ours. No government has the and bruising the U.S. Constitution. No the majority and minority leaders for legal or moral right to target any reli- government should force its citizens to morning-hour debate. gions and make them violate their reli- violate their religious beliefs. The Chair will alternate recognition gious conscience. Who would have thought that this between the parties, with each party The administration is violating two Nation, founded on religious liberty, limited to 1 hour and each Member provisions of the First Amendment: the would now be engaged in religious per- other than the majority and minority free exercise of religion clause and the secution against certain citizens and leaders and the minority whip limited establishment of religion clause. The against certain churches? to 5 minutes each, but in no event shall government is prohibiting the free ex- This ought not to be. But that’s just debate continue beyond 11:50 a.m. ercise of religion because it is pun- the way it is. f ishing Catholics for exercising their re- f ligious beliefs. GOVERNMENT PERSECUTION OF Government is also violating the es- AMERICANS KNOW CONGRESS IS CATHOLIC CHRISTIANS IN AMER- tablishment clause by establishing a BROKEN ICA government religion, statism, because The SPEAKER pro tempore. The The SPEAKER pro tempore. The government is establishing its own Chair recognizes the gentleman from Chair recognizes the gentleman from moral standard that must be complied Oregon (Mr. BLUMENAUER) for 5 min- Texas (Mr. POE) for 5 minutes. with or else. Regardless of where Amer- utes. Mr. POE of Texas. Mr. Speaker, we icans stand on the issues of contracep- Mr. BLUMENAUER. Mr. Speaker, hear about religious persecution tion, sterilization, or the abortion pill, Americans know that Congress is bro- throughout the Third World, but there this government oppression should be ken, paralyzed by hyperpartisanship, is an anti-religious movement right alarming for those who believe the gov- fierce ideology, and unwillingness to here in the United States. The Catholic ernment should not punish religions or respond to widely understood problems Church is being persecuted by this gov- substitute a religious doctrine for citi- with broadly supported solutions. ernment. zens. The government should stay out Why, at a time of growth and in- Our great country was founded on the of the business of persecuting religions. creasing diversity in America, does principle of religious liberty. This This recent anti-religious mandate is Congress not represent that change? right is in the First Amendment, and completely unacceptable, but it is only Well, part of the answer is that’s not the provisions of the First Amendment one example in a long line of new gov- how we’re elected. Increasingly, we are listed first because they are the ernment actions that disregard free- come from districts that are not just most important. Yet, the administra- dom of conscience and religious lib- red or blue, but the colors are brighter, tion is chipping away at this corner- erty. This comes on the heels of the ad- the divisions deeper. How can this be? stone of our society by violating the ministration’s denial of a grant to the The answer is to be found in hallways religious liberty of those who hold fast United States Council of Catholic and back rooms of State capitals all all to certain positions of their faith, in Bishops to aid victims of human traf- across America right now. After the particular, those of the Catholic ficking. Not only have they been census every 10 years, the great re-bal- Church. awarded this grant in the past, but ancing occurs, to adjust legislative dis- The Department of Health and their application has received the high- tricts to changes in populations. Some Human Services recently announced est quality score. States will win or lose congressional that religious organizations will be Mr. Speaker, this money is used to seats. Every district in the 43 States forced to provide their employees with help victims from the scourge of that have multi-Member districts will medical insurance that covers free con- human slavery. But the church was de- see some adjustment to balance out traceptives and sterilizations. nied this grant because their religious changes in population growth.

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.

VerDate Sep 11 2014 12:49 Feb 24, 2017 Jkt 019102 PO 00000 Frm 00001 Fmt 0688 Sfmt 0634 E:\BR12\H01FE2.000 H01FE2 rmajette on DSK2TPTVN1PROD with BOUND RECORD 604 CONGRESSIONAL RECORD—HOUSE, Vol. 158, Pt. 1 February 1, 2012 But not all voters are equal. Some These reforms can actually be sabo- tachment, No. 186, of the Marine Corps are more, some are less inclined to sup- taged. I’m proposing H.R. 3846 to estab- League where he served as com- port the party in power or to support a lish a national independent redis- mandant from 1992–1995 and then as particular incumbent. tricting commission headed by chaplain for several years thereafter. One thing that politicians can all Statespeople, if you will, people who He was greatly admired by members of agree upon is that their district should are appointed by legislative leadership the Marine Corps League for his brav- be safer, their party should be favored. like retired judges or former Presi- ery at Iwo Jima and his involvement in The process of redistricting has been dents. These people would oversee a the Marine Corps League. refined to a high art with the com- professional agency like they have in Mr. Foulke is survived by his wife of puter, very sophisticated survey re- Iowa to make sure that we have na- 29 years, Martha; his daughter, Mary; search, a treasure trove of data on tional uniform standards that are fair, her husband, Ed; three stepsons, David, voter behavior. In short, the politicians maybe even some competitive dis- William and Jeffery; and several nieces are hard at work picking their voters tricts, and stop the political log roll- and nephews. He will be greatly missed in a way that will make it harder for ing, to prepare a national set of maps by all. Semper Fi. voters, over the next 10 years, to pick that would be subjected to an up-or- f their politicians. down vote by Congress. TENETS OF FAITH Now, Exhibit A is a grotesque dis- A lot of this seems beyond our con- trict that has been created in the State trol in the political process. This bill is The SPEAKER pro tempore. The of North Carolina, District Four, cur- something we could do to make the Chair recognizes the gentleman from rently represented by our colleague, process better 10 years from now. I New York (Mr. RANGEL) for 5 minutes. Congressman DAVID PRICE, that looks urge my colleagues to look at House Mr. RANGEL. Mr. Speaker, I came to like somebody had just taken an egg bill 3846. this empty Chamber to discuss the and thrown it at the blackboard. But f issues of jobs and also the unemploy- this effort, where a 50/50 State that ment compensation extension, as well went for Obama, that has a Democratic CHESTER A. ‘‘CHET’’ FOULKE as taxes. Senator, a Democratic Governor, and a The SPEAKER pro tempore. The As I neared the well, I heard one of 7–6 advantage for Democrats in Con- Chair recognizes the gentleman from our esteemed Members condemning the gress now, has been at work with the Nevada (Mr. HECK) for 5 minutes. President for persecuting religion in a Republicans and their legislature to Mr. HECK. Mr. Speaker, I rise today very broad and general way and then try to turn it into a 10–3 advantage for to honor a great man, Chester A. later more specifically in talking about Republicans going forward after the ‘‘Chet’’ Foulke. the Roman Catholic Church. It would next election. Chet was a member of the Greatest seem to me in a place like the United But I could have taken an example in Generation, born on July 19, 1922, and States of America, which was actually Illinois, where there Democrats are God called him home on December 31, formed on the basis of freedom of reli- sort of reverse engineering those dis- 2011. gion, that such a serious accusation tricts to Democratic advantages. Chet grew up in Quakertown, Penn- against the President of these United There is a bright spot for years, and sylvania, during the Great Depression States should not be to an empty that has been Iowa, where the process of the 1930s. The hard times forced him Chamber. has been driven by an independent to leave school after the 10th grade and This is such a serious allegation that agency that draws districts without to work in an aircraft plant near Phila- it would seem to me that it requires partisan logrolling, and simply is re- delphia before the United States be- and demands a bipartisan view to see ferred to the legislature for an up-or- came involved in World War II. exactly what the churches’ or religious down vote. He enlisted in the United States Ma- leaders’ complaints are because I have This year, all four districts in Iowa rine Corps in September of 1943 and at- one, too; and that is, at a time when are competitive. One even features two tended recruit training at Parris Is- this country is facing a fiscal, as well incumbent senior Members of Congress land, South Carolina, and advanced as moral, obligation to the most vul- that are running against each other. training at Camp Pendleton, Cali- nerable people among us, I see the bat- b 1010 fornia, and Camp Tarawa, Hawaii, in tle between the haves and the have- There are other bright spots in Cali- preparation for one of the war’s tough- nots, the 1 percent and the 99 percent. fornia and Arizona where voters have est battles, Iwo Jima. I hear the disputes as to whether or determined that there will be inde- As a demolition expert with Com- not the capitalistic system is fair, but pendent commissions. There is even pany C of the 5th Engineering Bat- I always took the position that the some hope in Florida where there are talion, Chet fought on the front lines capitalistic system is an invitation of more constraints on the politicians in for 36 days. ‘‘It was an awful battle the how Americans and others can invest the redistricting. But make no mis- way we got slaughtered,’’ he said dur- and make money; and the question of take, it is not just one party losing ing a 2006 interview. ‘‘Some days you compassion, the question of taking when another party takes unfair ad- would make it 100 or 200 yards, some care of your own, the question of ill- vantage. In truth, everybody loses. days 500 yards.’’ Chet was at Mount ness and jobs and the social issues of There is less representative behavior Suribachi when the first U.S. flag went today, that it was the Congress that in Congress. We have districts drawn up. ‘‘I was standing there looking up had the responsibility to deal with that without integrity. It is hard to rep- when that flag went up and tears ran rather than to be condemning those resent people. It is hard for people to down my face,’’ he said in another who seek to get returns on their in- understand who is representing them, interview. ‘‘I was just so happy to see vestments. and it shatters local interests. that flag that I knew they were not Having said that, let’s take a look Most damaging, I think, is it just re- going to push us off or do away with us. and see what issues are biblical, what veals a naked power grab that further I felt so happy.’’ issues are in the Mormon faith, the undermines people’s confidence in the When the war ended, he was sent to Muslim faith, the Buddhist faith, the political process. We shouldn’t have to Japan for 7 months of occupational Jewish faith, Protestant and Catholic. wait decades for reform at the State duty before returning to the United It seems to me that throughout every level. We saw in Arizona where Gov- States where he received his discharge one of these texts, there are things ernor Brewer tried to fire the head of from the Marine Corps in May of 1946 that say that we have a responsibility the independent redistricting commis- as a corporal. as human beings and God-fearing peo- sion because the commission produced He became a Nevadan when he moved ple to protect the vulnerable. It is some districts that were fair and com- to Las Vegas in 1972. In 1986, Chet abundantly clear, even in the story petitive, not tilted partisan. helped found the Greater Nevada De- about the Good Samaritan. It is also a

VerDate Sep 11 2014 12:49 Feb 24, 2017 Jkt 019102 PO 00000 Frm 00002 Fmt 0688 Sfmt 0634 E:\BR12\H01FE2.000 H01FE2 rmajette on DSK2TPTVN1PROD with BOUND RECORD February 1, 2012 CONGRESSIONAL RECORD—HOUSE, Vol. 158, Pt. 1 605 mandate that when someone is sick ship and of community service. This Today, over 2 million elementary and that we have a responsibility to assist past Sunday, I proudly participated in secondary students are enrolled in them. Troop 21292’s Girl Scout Gold Award nearly 7,000 Catholic schools, where Certainly, when we talk about Jesus ceremony in honoring seven young these students typically excel. They Christ in Matthew where these wealthy women from Bucks County, Pennsyl- surpass their peers in math, science, people are attempting to get into Heav- vania. It pleases me to recognize these reading, history, and geography in en and Jesus tells them he was hungry, Girl Scouts for their exceptional ac- NAEP tests. The graduation rate for thirsty, unclothed, in jail, and they complishment: Christine DiPierro, Catholic high school students is 99 per- didn’t do anything to assist him and Catherine Silvernail, Charlotte Triebl, cent, and 85 percent of the graduates of they said that they don’t remember Emily Kraeck, Emily Nowalinski, Kim- these schools attend a 4-year college. Jesus ever coming asking for anything. berly Wodzanowski, and Margaret As we continue to hear disturbing re- Then of course the international world- Zelin. These young ladies exemplify ports about our national test scores, famous biblical expression is that it courage, confidence, and character, and these statistics are truly remarkable wasn’t how you treated Jesus, the Son have made the world a better place, and should be commended. of God, but it was how you treated the which has been the mission of the Girl Notably, the success of Catholic lesser of our brothers and sisters. Scouts of the USA for 100 years. schools does not depend on selectivity. I think everyone would agree that Mr. Speaker, on March 16, 1950, the These academic achievements are real- whether you want to accuse the Presi- United States Congress chartered the ized by students from all walks of life. dent of being the food-stamp President Girl Scouts of the USA. Today, as the Catholic schools accept 9 out of every or saying he wants to bring socialism Member of the United States Congress 10 students who apply, and are highly to the United States, all of that rhet- representing Pennsylvania’s Eighth effective in providing a quality education to students from every socio- oric doesn’t hide the fact that the poor- District, it is my privilege to congratu- economic group, especially disadvan- est of the poor now are suffering more late the Girl Scouts of the USA as they taged youths in underserved urban than the people that caused this fiscal commemorate 100 years of building communities. Over the past 30 years, crisis. girls of courage, confidence, and char- the percentage of minority students If we are going to do something acter who have truly made the world a enrolled in Catholic schools has more about the deficit, we just can’t say better place. Best wishes for success in than doubled, and today they con- we’ve got to cut spending, especially the next 100 years. when that spending is exactly for the stitute almost one-third of all Catholic people that the spiritual leaders have f school students. In times of economic made vows to protect. CATHOLIC SCHOOLS WEEK hardship, Catholic schools provide an affordable alternative to other forms of b 1020 The SPEAKER pro tempore. The Chair recognizes the gentleman from private education. Oh, we don’t call it the sick and the In addition to producing well-round- Illinois (Mr. LIPINSKI) for 5 minutes. disabled and the uneducated, but we do ed students, Catholic schools save tax- Mr. LIPINSKI. Mr. Speaker, as a call it Medicaid; we do call it Medicare; payers billions of dollars each year by proud graduate of St. Symphorosa we do call it Social Security; we do call lowering the number of students in al- Grammar School and St. Ignatius Col- it education; and we do call it the abil- ready overburdened public schools. It is lege Prep, and as a strong supporter of ity to get a job so that a person can estimated that taxpayers save over $1 Catholic education, I have again this have not only the income for his family billion from students attending Catho- year introduced a resolution in honor to be able to have the dignity and relic schools in the Chicago area alone of Catholic Schools Week to highlight spect it deserves, but we also have to and approximately $20 billion nation- the contributions Catholic schools recognize that from an economic point wide. The importance of these savings of view, it is the people who are in the make, not only to the students who at- is undeniable as we in Congress and as middle class who are slipping into pov- tend them, but to our entire Nation. lawmakers across the country struggle Since 1974, the National Catholic erty that makes the difference. I hope with deficits. Educational Association and the that people will give serious thought to I was born and raised and live in the United States Conference of Catholic the accusation. Chicago Archdiocese, home to one of Bishops have provided leadership in f the most successful Catholic school planning and organizing Catholic systems in the Nation, and my parish CELEBRATING THE 100TH ANNI- Schools Week. This year, it is cele- school at St. John of the Cross has one VERSARY OF THE GIRL SCOUTS brated from January 29 through Feb- of the best schools in the archdiocese. OF THE USA ruary 5. The theme, ‘‘Faith, Aca- Right next-door, the Joliet Diocese The SPEAKER pro tempore. The demics, Service,’’ celebrates the broad also has a thriving Catholic school sys- Chair recognizes the gentleman from educational experience Catholic school tem. The focus of this year’s Catholic Pennsylvania (Mr. FITZPATRICK) for 5 students receive. Catholic school stu- Schools Week, ‘‘Faith, Academics, minutes. dents are not only focused on academic Service,’’ reflects my own Catholic Mr. FITZPATRICK. Mr. Speaker, I excellence but also on enriching the education. The knowledge, discipline, rise today to honor the Girl Scouts of spiritual character and moral develop- desire to serve, and love of learning it the USA, which will be celebrating its ment of young Americans. instilled in me enabled me to earn my 100th anniversary on March 12, 2012. America’s Catholic schools produce doctorate and to become a teacher be- For 100 years, the Girl Scouts have graduates with the skills and integrity fore being elected to Congress. fostered an environment that has cre- needed by our businesses, governments, In recognizing Catholic Schools ated generations of women with sound and communities, emphasizing a well- Week, we pay a special tribute to dedi- character and strong leadership skills. rounded education and instilling the cated teachers and administrators who Founded by Juliette Gordon Low in Sa- values of giving back to the commu- sacrifice so much, in most cases work- vannah, Georgia, the first troop con- nity and helping others. Nearly every ing for less than they could earn else- sisted of just 18 Girl Scouts. Today, Catholic school has a community serv- where. I have many fond memories of there are more than 3.7 million Girl ice program, and their students volun- my teachers, including those of many Scouts and more than 100 councils teer half-a-million hours every year to nuns, who taught me the value of faith, across our Nation. Since its start, more their parishes and communities. My learning, and service. Throughout the than 50 million women have been a own decision to pursue a career in United States, millions of others have part of this extraordinary organiza- teaching and then in public service was similar memories of dedicated sisters, tion. fostered in part by the dedicated teach- priests, and lay teachers who gave The Girl Scouts of America teaches ers throughout my years in Catholic their hearts and souls to their stu- young women the importance of leader- schools. dents.

VerDate Sep 11 2014 12:49 Feb 24, 2017 Jkt 019102 PO 00000 Frm 00003 Fmt 0688 Sfmt 0634 E:\BR12\H01FE2.000 H01FE2 rmajette on DSK2TPTVN1PROD with BOUND RECORD 606 CONGRESSIONAL RECORD—HOUSE, Vol. 158, Pt. 1 February 1, 2012 This week, I had the honor of cele- to rely on the House of Representatives House today are attacking American brating Catholic Schools Week at a holding a hearing as being emblematic families in need. number of schools, including St. An- of justice, because oftentimes it’s a po- This bill that’s coming up today, drew School in Romeoville, Everest litical sandbox. H.R. 3567, is really a distasteful and Academy in Lemont, St. Michael Now, this ostensible investigation is misleading bill that tries to make it School in Orland Park, Cardinal Joseph one that has been called on by Mr. seem to like every low-income family Bernadine School in Orland Hills, and STEARNS, who is the subcommittee is somehow criminal. Nothing could be my alma mater, St. Symphorosa in chair of Energy and Commerce on further from the truth. Very few people Chicago. I also joined St. Linus School Oversight. The hearing has never been want to qualify for welfare. They don’t in Oak Lawn in celebrating, not only held. So why would Susan G. Komen want to be distressed enough to meet Catholic Schools Week, but also the take the remarkable step of saying these qualifications. This is the Tem- school’s prestigious Blue Ribbon they are no longer going to fund porary Assistance for Needy Families award. Planned Parenthood? Act which is being attacked today. Mr. Speaker, I ask my colleagues to I suppose when we review NIH and That’s what it’s called today. Actually, join me in supporting the outstanding bring them under some investigation it’s called TANF. education Catholic schools provide to that they will stop funding NIH to the TANF recipients are struggling Americans across the country as we tune of a million dollars, or I suppose through the most difficult time of their celebrate Catholic Schools Week that when we have a pharmaceutical lives, and they want nothing more than f company that we bring to the Hill to a good job to support their families. ask them questions about a particular This bill that’s coming up again today SUSAN G. KOMEN RACE FOR THE activity that they will stop accepting is really a sad attempt to re-create the CURE sponsor money from that particular Ronald Reagan era about the Cadillac- The SPEAKER pro tempore. The pharmaceutical company. driving welfare queen. It wasn’t true Chair recognizes the gentlewoman from All of you across this country that then nor is it true today. TANF bene- California (Ms. SPEIER) for 5 minutes. feel that Susan G. Komen should stick fits did not pay for Cadillacs to fund Ms. SPEIER. Mr. Speaker, today I to what it knows, and that is breast lavish lifestyles. rise quite saddened by the news that cancer research, breast cancer screen- Mr. Speaker, as a single young moth- the Susan G. Komen Race for the Cure ing, and support and promote those ac- er who once relied on food stamps and has made a political decision—a fine tivities by organizations that do the public assistance during a very dif- nonprofit that I have been associated research and do the screening, I ask ficult period, I’m really appalled to see with for years. I’ve run in the Susan G. you to call them at 1–877–465–6636 and Republican politicians attack these Komen Race for the Cure. I’ve walked tell them that you want them to stick families just because they are facing in the Race for the Cure. I have been to what they know. hard times and need a helping hand. the emcee of a number of events lo- Let’s not make this a race to the po- TANF benefits keep children in homes cally that they have held. So I have litical bottom. and in schools. They keep American been a big booster of the Susan G. f families from suffering abject poverty. Komen organization. But not anymore. What we should be doing is helping POVERTY Their announcement yesterday that these families by creating jobs, by re- they are no longer going to fund any The SPEAKER pro tempore. The moving these obstacles and barriers, organization that is being investigated Chair recognizes the gentlewoman from and we should be helping them to re- by a Federal, State, or local body California (Ms. LEE) for 5 minutes. ignite the American Dream, not insult- means that Planned Parenthood is no Ms. LEE of California. Mr. Speaker, ing them, which is what this bill does. longer going to receive $600,000 a year. as the founder of the Congressional Out This Congress should be working to- Now, ironically, yesterday, the Komen of Poverty Caucus, I rise today to con- gether to create more opportunity for organization also announced, and with tinue talking about the tide of poverty the long-term unemployed and the mil- great concern in a statement, that the sweeping across this country. lions of Americans suffering in pov- dismal rate of breast cancer screening Americans who are struggling to find erty. with women who do not have insurance work cannot wait. Americans whose We should at least extend unemploy- is something like 38.2 percent. homes are underwater cannot wait, and ment benefits for the chronically un- the nearly 50 million Americans who employed who have hit the 99-week b 1030 are living in poverty cannot wait. limit, can’t apply anymore because Last year, the Planned Parenthood We must act, and we must act now to they are ineligible, and we should be organization was responsible for over extend vital unemployment benefits voting, for example, for the bill, which 700,000—700,000—breast cancer screen- and the temporary payroll tax reduc- Congressman SCOTT of Virginia and ings for women who are poor, for tion while our economy continues to myself have written to help those look- women who don’t have insurance, for recover. We should be coming together ing for a job and who can’t find a job. women who seek to get the health care now to enact bold programs and poli- We have to remember now that there is they get through Planned Parenthood. cies that provide equal opportunity and only one job for every four individuals So over the last 5 years, there have equal access for every single American, looking for a job. been 4 million breast cancer screenings no matter their race, no matter their But, unfortunately, instead of work- by Planned Parenthood. Komen has employment status, and no matter ing together to make economic justice funded about 170,000 of them through their humble beginnings. Instead, Mr. a reality for every American, this Re- Planned Parenthood. Speaker, unfortunately, this Tea publican Tea Party will waste another So what does this mean? Well, I guess Party-led Congress continues to do year without a jobs bill, without exit means that Susan G. Komen has de- nothing but distract from the real tending any help to the millions of cided to become a 501(c)(4), because no issues and waste the American people’s Americans in need, and without help- longer do they want to be providing time. ing American retirees. nonprofits. They want to become a po- The Republican caucus failed to pass So we should be putting our Nation litical advocacy group. a single jobs bill last year, and by the before our party. Americans can’t wait Last time I checked, we were all pre- looks of this week’s calendar, it looks and neither should this Congress. sumed innocent until proven guilty and like they might be committed to doing f we looked to investigations in the Fed- more of the same. This Nation cannot eral judicial branch; we looked to in- afford any more of this do-nothing Tea RECESS vestigations by the U.S. Attorney or Party Republican House. Instead of The SPEAKER pro tempore. Pursu- the district attorney. Far be it from us passing a jobs bill, Republicans in the ant to clause 12(a) of rule I, the Chair

VerDate Sep 11 2014 12:49 Feb 24, 2017 Jkt 019102 PO 00000 Frm 00004 Fmt 0688 Sfmt 0634 E:\BR12\H01FE2.000 H01FE2 rmajette on DSK2TPTVN1PROD with BOUND RECORD February 1, 2012 CONGRESSIONAL RECORD—HOUSE, Vol. 158, Pt. 1 607 declares the House in recess until noon I pledge allegiance to the Flag of the and expenditure authority of the Air- today. United States of America, and to the Repub- port and Airway Trust Fund, to amend Accordingly (at 10 o’clock and 36 lic for which it stands, one nation under God, title 49, United States Code, to extend minutes a.m.), the House stood in re- indivisible, with liberty and justice for all. authorizations for the airport improve- cess. f ment program, and for other purposes; f WELCOMING REVEREND KAREN H.R. 3801, to amend the Tariff Act of HALLETT 1930 to clarify the definition of aircraft b 1200 The SPEAKER. Without objection, and the offenses penalized under the AFTER RECESS the gentleman from New Jersey (Mr. aviation smuggling provisions under that Act, and for other purposes. The recess having expired, the House GARRETT) is recognized for 1 minute. was called to order by the Speaker at There was no objection. f noon. Mr. GARRETT. Mr. Speaker, I thank the words of the chaplain who says ANNOUNCEMENT BY THE SPEAKER f may we indeed know the Lord. The SPEAKER. The Chair will enter- PRAYER Mr. Speaker, I rise today to recognize tain up to 15 requests for 1-minute Reverend Karen Hallett, United Chaplain Karen Hallett on her selec- speeches on each side of the aisle. States Army, New Windsor, New York, tion as the 2012 Reserve Officers Asso- f offered the following prayer: ciation Chaplain of the Year. She is a Reading from the book of Exodus, resident of Vernon, New Jersey, which PRESIDENT’S DEFENSE STRATEGY Moses said to the Lord, ‘‘You have been is a part of the Fifth Congressional ENDANGERS NATIONAL DEFENSE telling me, ‘Lead these people,’ but District. (Mr. WILSON of South Carolina You have not let me know whom You The chaplain enlisted in the Army in asked and was given permission to ad- will send with me . . . If You are 1983 and completed basic combat train- dress the House for 1 minute and to re- pleased with me, teach me Your ways ing at Fort Dix, New Jersey. She went vise and extend his remarks.) so I may know You and continue to on from there to graduate from West Mr. WILSON of South Carolina. Mr. find favor with You. Remember that Point and was commissioned as a sec- Speaker, Baker Spring of the pres- this nation is Your people.’’ ond lieutenant in the United States tigious Heritage Foundation recently The Lord replied, ‘‘My presence will Army Ordnance Corps in 1988. warned: go with you, and I will give you rest.’’ After that and after fulfilling her en- ‘‘It is clear that the fiscal year 2013 Then Moses said to him, ‘‘If Your listment obligations, she spent 18 years defense budget will not provide the presence does not go with us, do not in the civilian sector, successfully U.S. military with the resources it send us up from here. How will anyone managing businesses while remaining needs. Even more problematic is that know that You are pleased with me and engaged in full-time ministry. In 2009, all reductions to the defense budget are with Your people unless You go with after completing her master’s of divin- front-loaded, and, therefore will have us? What else will distinguish me and ity degree at Bethel Seminary, she re- significant and immediate implication Your people from all the other people turned to military service as a captain for readiness, modernization programs, on the face of the Earth?’’ in the United States Army Reserves. and research and development.’’ And the Lord said to Moses, ‘‘I will She currently serves as a brigade chap- Our servicemembers, their families, do the very thing you ask because I am lain for the 411th Engineer Brigade. and veterans have dedicated their lives pleased with you and I know you by Throughout her more than 20 years of to this country. House Republicans un- name.’’ ministerial service and missionary derstand that in order to keep Amer- Then Moses said, ‘‘Now show me work, and now through her military ican families safe, we must fight to Your glory.’’ service to our country, she has dedi- stop these reductions. I look forward to And this, O Lord, is our prayer: cated herself to ministering to the spir- working with House Armed Services We do not come seeking Your bless- itual needs of others. It is her selfless- Committee Chairman BUCK MCKEON to ing. Today, Lord, we come seeking ness and her service that exemplify the find ways to promote the proven path You. We invite You to truly be present mandate to esteem others better than of peace through strength. with us here today. Show us Your ourselves. In conclusion, God bless our troops, I thank her for her service. I con- glory, Lord, that we might be changed and we will never forget September the gratulate her on receiving this recogni- and set apart upon the Earth once 11th in the global war on terrorism. tion as Chaplain of the Year. again as a people of faith, a Nation Welcome Episcopal Father Carroll that knows You. Make Your face to f McGee of West Columbia to Wash- shine upon us that we might reflect APPOINTMENT OF MEMBERS TO ington for the National Prayer Break- Your grace. And grant us Your peace BOARD OF VISITORS TO THE fast. we pray. UNITED STATES MILITARY f Amen. ACADEMY ANNIVERSARY OF ARMENIAN f The SPEAKER. The Chair announces POGROMS THE JOURNAL the Speaker’s appointment pursuant to 10 U.S.C. 4355(a) and the order of the (Ms. CHU asked and was given per- The SPEAKER. The Chair has exam- House of January 5, 2011, of the fol- mission to address the House for 1 ined the Journal of the last day’s pro- lowing Members of the House to the minute.) ceedings and announces to the House Board of Visitors to the United States Ms. CHU. Between 1988 and 1990, the his approval thereof. Military Academy: Armenian population was the target of Pursuant to clause 1, rule I, the Jour- Mr. SHIMKUS, Illinois racially motivated pogroms in Azer- nal stands approved. Mr. WOMACK, Arkansas baijan. Hundreds of Armenians were f f murdered and more wounded during three violent attacks in Sumgait, PLEDGE OF ALLEGIANCE ANNOUNCEMENT BY THE SPEAKER Kirovabad, and Baku. The SPEAKER. Will the gentleman The SPEAKER. Pursuant to clause 4 Though the ethnic cleansing pro- from Indiana (Mr. BUCSHON) come for- of rule I, the following enrolled bills grams occurred over 20 years ago, they ward and lead the House in the Pledge were signed by the Speaker on Friday, were atrocious acts of cruelty. We can- of Allegiance. January 27, 2012: not forget them. Mr. BUCSHON led the Pledge of Alle- H.R. 3800, to amend the Internal Rev- I worry the sentiments that sparked giance as follows: enue Code of 1986 to extend the funding this violence still remain in the

VerDate Sep 11 2014 12:49 Feb 24, 2017 Jkt 019102 PO 00000 Frm 00005 Fmt 0688 Sfmt 0634 E:\BR12\H01FE2.000 H01FE2 rmajette on DSK2TPTVN1PROD with BOUND RECORD 608 CONGRESSIONAL RECORD—HOUSE, Vol. 158, Pt. 1 February 1, 2012 Nagorno-Karabakh. Just last month, dent than, in fact, support initiatives of confidence in Congress on anything. Azerbaijan began buying up weapons to designed to help the American people. Congressional approval ratings are at regain control of the region. The Presi- Whatever the reason, Republican oppo- record lows, and reports that Members dent of Azerbaijan declared this is, sition, once again, threatens to raise could possibly profit from nonpublic ‘‘not a frozen conflict, and it’s not taxes on millions of Americans, deny information is no doubt one more rea- going to be one.’’ unemployment insurance to 2.3 million son for that. Now we can take a step to America must remain committed to Americans, and risk Medicare access address this gap by enacting the a peaceful and democratic resolution for 48 million Americans. STOCK Act. to the Nagorno-Karabakh conflict, not It’s long past time the Republicans Madam Speaker, this is the people’s one that relives the past. stopped putting politics over people House, and the American people deserve to know that the men and women f and instead extend those tax cuts for 160 million fellow citizens without they send here are working for them. b 1210 making Americans wait until judgment f AUTO MANUFACTURING RETURNS day. VALENTINES FOR VETERANS TO INDIANA’S EIGHTH DISTRICT f (Mr. SAM JOHNSON of Texas asked (Mr. BUCSHON asked and was given FEDERAL PAY FREEZE and was given permission to address permission to address the House for 1 (Mr. CHAFFETZ asked and was given the House for 1 minute and to revise and extend his remarks.) minute and to revise and extend his re- permission to address the House for 1 marks.) Mr. SAM JOHNSON of Texas. Every minute and to revise and extend his re- February, Americans across the coun- Mr. BUCSHON. Madam Speaker, I marks.) rise today to commemorate some great try open their hearts to the country’s Mr. CHAFFETZ. Madam Speaker, the hospitalized veterans by sending valen- news for manufacturing in Indiana’s numbers are in. Once again, the Fed- Eighth Congressional District, my tine cards to VA medical centers in eral Government is going to achieve an conjunction with the National Salute home. On January 17, the 3 millionth annual deficit of more than $1 trillion. vehicle rolled off the line at the Toyota to Hospitalized Veterans Week. Now, how much is $1 trillion? Be- For several years, students in our Motor Manufacturing plant in Prince- cause we throw around that number far Third District of Texas have partici- ton, Indiana. Approximately 80 percent too often. If you spend $1 million a day pated in the annual Valentines for Vet- of the parts for these vehicles were every day, it would take you almost erans program as a creative way to made here in America within a 300-mile 3,000 years to get to $1 trillion, and our thank our brave men and women in radius of the plant. These vehicles are Federal Government is approaching $16 uniform for something we love so then shipped and sold both across this trillion in debt. We’re spending more much—our freedom. Last year, 19 area country and around the world thanks than $733 million a day as just interest schools in our district participated, to the free trade agreements that Con- on the debt. and this year, I encourage all our gress passed this year. We have to change the trajectory. We schools, families, and businesses to This plant began operations in 1996 can no longer borrow and spend the take part in making this day special and employs 4,149 people. I had the kind of money that we are. Please, la- for our Nation’s veterans. pleasure of meeting many of the dies and gentlemen, we have to have Every year, I look forward to deliv- Princeton team members last Feb- systemic changes; and one of those ering these cards to the veterans at the ruary, and I want to commend each of things that we’re going to talk about Dallas VA Medical Center, showing these employees for their hard work today is putting a freeze on pay. them a Texas-size thank you from our and dedication. I congratulate them on We have to understand that there are schoolkids. You should see the look in a job well done. I have no doubts that a lot of good Federal employees out their eyes when they read, our vet- it won’t be long until we celebrate an- there doing great, great work, but your erans, words of appreciation. After all, other millionth vehicle made right Federal Government has more than they are the true reason we remain the here in the U.S.A. in my district in In- 450,000 people earning a base pay of at land of the free and the home of the diana. least $100,000. These are going to have brave. f to change. f STOP PUTTING POLITICS OVER f COMMEMORATING THE 100TH ANNI- PEOPLE THE STOCK ACT VERSARY OF THE NEWPORT ART MUSEUM (Mr. CONNOLLY of Virginia asked (Mrs. CAPPS asked and was given and was given permission to address permission to address the House for 1 (Mr. CICILLINE asked and was given the House for 1 minute and to revise minute and to revise and extend her re- permission to address the House for 1 and extend his remarks.) marks.) minute and to revise and extend his re- Mr. CONNOLLY of Virginia. Madam Mrs. CAPPS. Madam Speaker, I rise marks.) Mr. CICILLINE. Madam Speaker, I Speaker, for those who believe in the today to urge the Republican leader- rise to commemorate the 100th anni- Mayan end of days and the prophecy of ship of the House to bring the STOCK versary of the founding of the Newport the end of the world in 2012, the fact Act to the floor. This commonsense Art Museum and Art Association. that our Republican friends have fi- legislation would ensure that Members Founded in 1912 for the purpose of nally met a tax cut they don’t like of Congress and their staffs are not promoting and exhibiting fine arts and surely must be a sign of the apoca- able to profit from nonpublic informa- fostering art education within the com- lypse. Republicans fought tooth and tion obtained through their official du- munity, the Newport Art Museum con- nail opposing the middle class tax cut, ties. President Obama has called on tinues to enhance community life as a only relenting at the 11th hour to a 2- Congress to pass this bill, and it has shared place for the arts and culture. month extension. But in the more than even advanced in the Senate this week One hundred years after its founding, 40 days since then, they’ve ignored al- with 93 ‘‘yes’’ votes. Meanwhile, the the Newport Art Museum is, without most every attempt to enact a full- House has not acted on the bill, and a question, one of our great museums. year extension. Why? markup on it in December was quashed The museum has received full accredi- Perhaps because it’s primarily a mid- by the Republican leadership. tation from the American Association dle class tax cut, saving 160 million Madam Speaker, Members of Con- of Museums, the highest national rec- Americans almost an average of $1,000 gress need to play by the same rules as ognition of a museum’s commitment to a year. Perhaps it’s because President everyone else, and our constituents accountability, public service, profes- Obama proposed it, and in an election need to have confidence that is the sional museum standards, and excel- year, they’d rather defeat the Presi- case. Right now, they don’t have a lot lence in education and stewardship.

VerDate Sep 11 2014 12:49 Feb 24, 2017 Jkt 019102 PO 00000 Frm 00006 Fmt 0688 Sfmt 0634 E:\BR12\H01FE2.000 H01FE2 rmajette on DSK2TPTVN1PROD with BOUND RECORD February 1, 2012 CONGRESSIONAL RECORD—HOUSE, Vol. 158, Pt. 1 609 This valuable community resource visions of having my skills, education, ment. Viet Khang’s songs question the inspires passion for the arts in diverse vocation, certifications, and ethics em- conscience of the Vietnam police, who audiences in Rhode Island and other lo- braced to receiving food stamps, a med- have brutally assaulted and arrested calities through exhibitions and collec- ical card, and watching my unemploy- demonstrators at peaceful gatherings. tions, arts education, historic preserva- ment run out. I want to work. I need to It is time for the Government of Viet- tion, and arts and cultural program- work. I work every day as a volunteer nam to respect the freedom of expres- ming. organizer. My passion is for myself and sion through the arts and stop these ar- It’s a true honor to recognize the others to achieve and live the Amer- bitrary arrests and recognize the basic 100th anniversary of the founding of ican Dream. Hard work should be re- human rights of the individual. the Newport Art Museum. warded, and it is rewarding. Neverthe- I urge my colleagues to cosponsor f less, my rent is due. I owe credit cards House Resolution 484, calling on the and a student loan. I thought I would Vietnamese Government to cease the MORE PROOF WE CAN’T TAX OUR own a house by now. abuse of vague national security provi- WAY TO PROSPERITY Madam Speaker, we have to restore sions in the Vietnamese penal code, (Mr. HULTGREN asked and was unemployment benefits for millions of which are used to justify the detention given permission to address the House Americans like Mary Hill. and the abuse of their own citizens. for 1 minute and to revise and extend f f his remarks.) Mr. HULTGREN. Madam Speaker, a b 1220 MEDICAL AND CANCER RESEARCH recent report from a respected Illinois TIME FOR THE SENATE TO GET (Mr. HIGGINS asked and was given think tank found that within 5 years TO WORK permission to address the House for 1 the State of Illinois will have amassed minute.) an incredible $34.8 billion in unpaid (Ms. FOXX asked and was given per- Mr. HIGGINS. Madam Speaker, ear- bills. This, of course, comes only 1 year mission to address the House for 1 lier this week I had the opportunity to after an allegedly temporary tax hike minute.) participate in a roundtable discussion that they were told would help restore Ms. FOXX. Madam Speaker, the in western New York on innovations in the State to fiscal health, but instead American people are rightfully fed up. health care. Health and Human Serv- has made the State’s economy much The Obama Presidency has meant only ices Deputy Secretary Bill Corr was in worse. more power for Washington and more attendance, as were many innovation Yesterday, the CBO reported that, for debt for our children and grand- leaders from my community. My com- the 4th consecutive year, the Federal children, while the Obama economy munity of Buffalo and western New budget deficit will once again exceed $1 produces only less confidence for job York has been a real leader in embrac- trillion. This is a mind-boggling num- creators and too few jobs for Ameri- ing health care innovations to promote ber, and it underlines the need for seri- cans. the efficient and cost-effective delivery ous fiscal reforms such as the Cut, Cap, When it comes to fostering job of quality health care services. and Balance Act that we passed last growth, the difference between House Buffalo was the Nation’s largest re- year. Republicans and Senate Democrats for cipient of the Federal Government’s But, Madam Speaker, I’d like every- more than a year now has been the dif- Beacon Grant for comprehensive inte- one in this Chamber to learn a lesson ference between action and inaction. gration of electronic medical records. from my home State of Illinois. We Following the House Republican Plan Buffalo’s Roswell Park Cancer Insti- need to learn from the mistakes that for America’s Job Creators, the House tute, the Nation’s first comprehensive they’ve made. Despite what some peo- has already passed more than 30 bipar- cancer center, was recently designated ple here believe, we can never tax our tisan jobs bills to restore the freedom to conduct clinical trials for promising way to prosperity. Let’s heed the warn- and confidence of our Nation’s job cre- new therapies using vaccines to bolster ing of the Land of Lincoln and make ators to do their job. Unfortunately, 27 the body’s immune system to fight the tough decisions to break Washing- of these bipartisan jobs bills are still cancer. The successful result of this ton’s spending addiction. being ignored or blocked in the do- clinical trial could fundamentally nothing Democrat Senate. f change the science of cancer research It’s time for Washington Democrats and treatment. RESTORE UNEMPLOYMENT to join our fight to put Americans back Innovation in health care must be BENEFITS to work and get to work enacting those sustained by the Federal Government. (Ms. EDWARDS asked and was given jobs bills. Today, the National Institutes of permission to address the House for 1 f Health rejects nine of 10 applications minute and to revise and extend her re- for promising research due to lack of CALLING ON GOVERNMENT OF marks.) funding. Ten years ago, 25 percent of VIETNAM TO RESPECT FREEDOM Ms. EDWARDS. Madam Speaker, the National Cancer Institute’s re- OF EXPRESSION with another deadline approaching, search grants were funded; today, it’s 8 we’re reminded again of the debacle (Ms. LORETTA SANCHEZ of Cali- percent. The only failure in cancer re- that was the end of the last session fornia asked and was given permission search is when you quit or you’re when Members on the other side stood to address the House for 1 minute and forced to quit because of lack of fund- in the way of extending tax cuts for 160 to revise and extend her remarks.) ing. million Americans and unemployment Ms. LORETTA SANCHEZ of Cali- Mr. Speaker, I urge my colleagues to benefits for millions more. This is real- fornia. Madam Speaker, we can see support fully cancer funding. ly unacceptable. that Vietnam’s communist govern- f Madam Speaker, I want to share with ment’s escalation of crackdowns has you the sentiments of Mary Hill of targeted the voices of the conscience EXTEND THE AMERICAN DREAM Maryland. I received a letter from her such as Paulus Le Son and many other (Ms. JACKSON LEE of Texas asked this week. She’s a single mother. She’s Vietnamese patriots for exercising and was given permission to address a construction worker, and she’s a their rights of free speech and expres- the House for 1 minute and to revise member of Laborers’ Local 657. She sion. and extend her remarks.) writes to me that she’s been out of Recently, I received disturbing re- Ms. JACKSON LEE of Texas. Madam work for most of the last 3 years. In ports that another youth activist and Speaker, I continue to wear a yellow her first year here, she writes: Vietnamese songwriter, Viet Khang Tri ribbon to remind us of the wonderful I went through all my savings as well Minh Vo, was detained and imprisoned troops who were able to come home fi- as my children’s savings. I went from by the Vietnamese police and govern- nally from Iraq.

VerDate Sep 11 2014 12:49 Feb 24, 2017 Jkt 019102 PO 00000 Frm 00007 Fmt 0688 Sfmt 0634 E:\BR12\H01FE2.000 H01FE2 rmajette on DSK2TPTVN1PROD with BOUND RECORD 610 CONGRESSIONAL RECORD—HOUSE, Vol. 158, Pt. 1 February 1, 2012 I want to congratulate the city of St. IS GOVERNMENT REALLY THE CONFERENCE REPORT ON H.R. 658, Louis that introduced and held the SOURCE OF ALL OUR PROBLEMS? FAA REAUTHORIZATION AND RE- first Welcome Home the Troops from (Mr. YARMUTH asked and was given FORM ACT OF 2012 Iraq parade on January 28. I look for- permission to address the House for 1 Mr. MICA submitted the following ward to communities around this Na- minute.) conference report and statement on the tion raising up their voices to say Mr. YARMUTH. You know, we’ve bill (H.R. 658) to amend title 49, United thank you to those who worked and heard for many years now from the States Code, to authorize appropria- dedicated their lives and their commit- other side the notion that government tions for the Federal Aviation Admin- ment to the freedom of this country. is the source of all of our problems, istration for fiscal years 2011 through That’s why, Madam Speaker, it’s so government never does anything right, 2014, to streamline programs, create ef- important that we do our work. Not a it ought to stop regulating and get out ficiencies, reduce waste, and improve minute should we wait to pass the pay- of the way of a very free and open soci- aviation safety and capacity, to pro- roll tax extension, unemployment ex- ety. vide stable funding for the national tension, and the ability of our seniors Well, the authors of a new book aviation system, and for other pur- to see their doctors with the Medicare called ‘‘Gardens of Democracy’’ have a poses: fix for our doctors. compelling and undeniable point to CONFERENCE REPORT (H. REPT. 112–381) What we say to our soldiers by wel- make. They write: ‘‘There is not a sta- The committee of conference on the dis- coming them home is all in our acts ble, prosperous society on Earth with- agreeing votes of the two Houses on the amend- and our deeds, how we treat their rel- out activist government, extensive reg- ment of the Senate to the bill (H.R. 658), to atives, their friends, and extended fam- ulation, and high, progressive taxation. amend title 49, United States Code, to authorize ily members and community. It’s time If less were always better, then the appropriations for the Federal Aviation Admin- for Congress to wait not one minute to least regulated economies would be the istration for fiscal years 2011 through 2014, to extend the American Dream to all and most successful economies. The oppo- streamline programs, create efficiencies, reduce provide this benefit to those who are in site is true. If minimalist government waste, and improve aviation safety and capac- need. ity, to provide stable funding for the national worked, Somalia would be rich, stable aviation system, and for other purposes, having and secure, and Canada would be a met, after full and free conference, have agreed f hellhole; Afghanistan would be a cov- to recommend and do recommend to their respec- eted destination, and Denmark would tive Houses as follows: STOP CUTS IN PUBLIC SPENDING be like a leper colony.’’ That the House recede from its disagreement Now, to be fair, the authors say that to the amendment of the Senate and agree to the (Mr. MORAN asked and was given our government is often too slow to same with an amendment as follows: permission to address the House for 1 react, it has all the answers, and it In lieu of the matter proposed to be inserted by the Senate amendment, insert the following: minute and to revise and extend his re- needs to be more flexible and more ef- SECTION 1. SHORT TITLE; TABLE OF CONTENTS. marks.) fective. We all agree with that. What (a) SHORT TITLE.—This Act may be cited as Mr. MORAN. Madam Speaker, this is we need to do is find a way to create a the ‘‘FAA Modernization and Reform Act of a wealthy country. Corporate profits government that is efficient, that sets 2012’’. are at record highs. By the end of last the right direction for our country, and (b) TABLE OF CONTENTS.—The table of con- year, the private sector was expanding then lets the innovative spirit of this tents for this Act is as follows: at a healthy 4.5 percent annualized country take hold and find the answers Sec. 1. Short title; table of contents. pace. But why, then, wasn’t economic to our problems. Sec. 2. Amendments to title 49, United States growth in the most recent quarter even Code. f better than the 2.8 percent that the Sec. 3. Effective date. Commerce Department reported last GETTING AMERICA BACK TO WORK TITLE I—AUTHORIZATIONS Subtitle A—Funding of FAA Programs week? As David Leonhardt of The New (Mr. RANGEL asked and was given York Times explains, the answer is be- permission to address the House for 1 Sec. 101. Airport planning and development and noise compatibility planning cause the economy is the combination minute.) of the private and public sectors. The and programs. Mr. RANGEL. Recently, the Presi- Sec. 102. Air navigation facilities and equip- public sector has been shrinking for dent of the United States indicated 1 ment. the last 1 ⁄2 years because of cuts in that he will be sending legislation to Sec. 103. FAA operations. State and local governments and some the Congress in order to get America Sec. 104. Funding for aviation programs. Federal cuts, especially to the mili- back to work. He also indicated that he Sec. 105. Delineation of Next Generation Air tary. would use the powers of the executive Transportation System projects. In the fourth-quarter government branch where there was no cooperation Subtitle B—Passenger Facility Charges shrank at an annual rate of 4.5 percent. from the Congress in what he was try- Sec. 111. Passenger facility charges. Over the last 2 years, the private sector ing to do. There’s an old African say- Sec. 112. GAO study of alternative means of grew at an average annual rate of 3.2 collecting PFCs. ing, that is, when two elephants fight, Sec. 113. Qualifications-based selection. percent while the government shrank only the grass gets hurt. I would cer- Subtitle C—Fees for FAA Services at an annual rate of 1.4, and the com- tainly hope that the leadership in the bined result was that economic growth House and the Senate take the Presi- Sec. 121. Update on overflights. Sec. 122. Registration fees. was 2.3%. That’s a lot of numbers. But dent up on some of the offers that he the fact is economic growth and em- has made to educate our young people, Subtitle D—Airport Improvement Program Modifications ployment growth would have been sig- to make certain that those people that nificantly stronger over the last 2 are about to lose their homes are able Sec. 131. Airport master plans. years without those government cuts. Sec. 132. AIP definitions. to keep them, and to see that we get Sec. 133. Recycling plans for airports. And that’s why we shouldn’t be con- the type of incentives from manufac- Sec. 134. Contents of competition plans. tinuing to discourage Federal employ- turers to have jobs here rather than Sec. 135. Grant assurances. ment by continuing to freeze their pay, overseas. Sec. 136. Agreements granting through-the- as the majority wants to do today. And I am certain that those people who fence access to general aviation it’s why we shouldn’t be letting unem- watched the Republican debates were airports. ployment benefits expire for 6 million missing one thing, and that is jobs. Sec. 137. Government share of project costs. Sec. 138. Allowable project costs. people. It’s why we should let the Bush America wants to get back to work. It Sec. 139. Veterans’ preference. tax cuts expire. It’s a far better alter- wants its dignity, it wants its kids to Sec. 140. Minority and disadvantaged business native than cutting trillions of dollars be able to get an education, and it participation. more in public spending. wants to restore the middle class. Sec. 141. Special apportionment rules.

VerDate Sep 11 2014 12:49 Feb 24, 2017 Jkt 019102 PO 00000 Frm 00008 Fmt 0688 Sfmt 6343 E:\BR12\H01FE2.000 H01FE2 rmajette on DSK2TPTVN1PROD with BOUND RECORD February 1, 2012 CONGRESSIONAL RECORD—HOUSE, Vol. 158, Pt. 1 611 Sec. 142. United States territories minimum Sec. 307. Prohibition on personal use of elec- Sec. 422. Essential air service eligibility. guarantee. tronic devices on flight deck. Sec. 423. Essential air service marketing. Sec. 143. Reducing apportionments. Sec. 308. Inspection of repair stations located Sec. 424. Notice to communities prior to termi- Sec. 144. Marshall Islands, Micronesia, and outside the United States. nation of eligibility for subsidized Palau. Sec. 309. Enhanced training for flight attend- essential air service. Sec. 145. Use of apportioned amounts. ants. Sec. 425. Restoration of eligibility to a place de- Sec. 146. Designating current and former mili- Sec. 310. Limitation on disclosure of safety in- termined to be ineligible for sub- tary airports. formation. sidized essential air service. Sec. 147. Contract tower program. Sec. 311. Prohibition against aiming a laser Sec. 426. Adjustments to compensation for sig- Sec. 148. Resolution of disputes concerning air- pointer at an aircraft. nificantly increased costs. port fees. Sec. 312. Aircraft certification process review Sec. 427. Essential air service contract guide- Sec. 149. Sale of private airports to public spon- and reform. lines. sors. Sec. 313. Consistency of regulatory interpreta- Sec. 428. Essential air service reform. Sec. 150. Repeal of certain limitations on Metro- tion. Sec. 429. Small community air service. politan Washington Airports Au- Sec. 314. Runway safety. Sec. 430. Repeal of essential air service local thority. Sec. 315. Flight Standards Evaluation Program. participation program. Sec. 151. Midway Island Airport. Sec. 316. Cockpit smoke. Sec. 431. Extension of final order establishing Sec. 152. Miscellaneous amendments. Sec. 317. Off-airport, low-altitude aircraft mileage adjustment eligibility. Sec. 153. Extension of grant authority for com- weather observation technology. TITLE V—ENVIRONMENTAL patible land use planning and Sec. 318. Feasibility of requiring helicopter pi- STREAMLINING projects by State and local gov- lots to use night vision goggles. ernments. Sec. 319. Maintenance providers. Sec. 501. Overflights of national parks. Sec. 154. Priority review of construction Sec. 320. Study of air quality in aircraft cabins. Sec. 502. State block grant program. projects in cold weather States. Sec. 321. Improved pilot licenses. Sec. 503. Airport funding of special studies or reviews. Sec. 155. Study on national plan of integrated Subtitle B—Unmanned Aircraft Systems airport systems. Sec. 504. Grant eligibility for assessment of Sec. 331. Definitions. Sec. 156. Airport privatization program. flight procedures. Sec. 332. Integration of civil unmanned aircraft Sec. 505. Determination of fair market value of TITLE II—NEXTGEN AIR TRANSPORTATION systems into national airspace residential properties. SYSTEM AND AIR TRAFFIC CONTROL system. Sec. 506. Prohibition on operating certain air- MODERNIZATION Sec. 333. Special rules for certain unmanned craft weighing 75,000 pounds or Sec. 201. Definitions. aircraft systems. less not complying with stage 3 Sec. 202. NextGen demonstrations and concepts. Sec. 334. Public unmanned aircraft systems. noise levels. Sec. 203. Clarification of authority to enter into Sec. 335. Safety studies. Sec. 507. Aircraft departure queue management reimbursable agreements. Sec. 336. Special rule for model aircraft. pilot program. Sec. 204. Chief NextGen Officer. Subtitle C—Safety and Protections Sec. 508. High performance, sustainable, and Sec. 205. Definition of air navigation facility. Sec. 341. Aviation Safety Whistleblower Inves- cost-effective air traffic control Sec. 206. Clarification to acquisition reform au- tigation Office. facilities. thority. Sec. 342. Postemployment restrictions for flight Sec. 509. Sense of Congress. Sec. 207. Assistance to foreign aviation authori- standards inspectors. Sec. 510. Aviation noise complaints. ties. Sec. 343. Review of air transportation oversight Sec. 511. Pilot program for zero-emission airport Sec. 208. Next Generation Air Transportation system database. vehicles. System Joint Planning and Devel- Sec. 344. Improved voluntary disclosure report- Sec. 512. Increasing the energy efficiency of air- opment Office. ing system. port power sources. Sec. 209. Next Generation Air Transportation Sec. 345. Duty periods and flight time limita- TITLE VI—FAA EMPLOYEES AND Senior Policy Committee. tions applicable to flight crew- ORGANIZATION Sec. 210. Improved management of property in- members. ventory. Sec. 601. Federal Aviation Administration per- Sec. 346. Certain existing flight time limitations Sec. 211. Automatic dependent surveillance- sonnel management system. and rest requirements. broadcast services. Sec. 602. Presidential rank award program. Sec. 347. Emergency locator transmitters on Sec. 212. Expert review of enterprise architec- Sec. 603. Collegiate training initiative study. general aviation aircraft. ture for NextGen. Sec. 604. Frontline manager staffing. Sec. 213. Acceleration of NextGen technologies. TITLE IV—AIR SERVICE IMPROVEMENTS Sec. 605. FAA technical training and staffing. Sec. 214. Performance metrics. Subtitle A—Passenger Air Service Improvements Sec. 606. Safety critical staffing. Sec. 607. Air traffic control specialist qualifica- Sec. 215. Certification standards and resources. Sec. 401. Smoking prohibition. tion training. Sec. 216. Surface systems acceleration. Sec. 402. Monthly air carrier reports. Sec. 608. FAA air traffic controller staffing. Sec. 217. Inclusion of stakeholders in air traffic Sec. 403. Musical instruments. Sec. 609. Air traffic controller training and control modernization projects. Sec. 404. Extension of competitive access re- scheduling. Sec. 218. Airspace redesign. ports. Sec. 610. FAA facility conditions. Sec. 219. Study on feasibility of development of Sec. 405. Airfares for members of the Armed Sec. 611. Technical correction. a public internet web-based re- Forces. source on locations of potential Sec. 406. Review of air carrier flight delays, TITLE VII—AVIATION INSURANCE aviation obstructions. cancellations, and associated Sec. 701. General authority. Sec. 220. NextGen research and development causes. Sec. 702. Extension of authority to limit third- center of excellence. Sec. 407. Compensation for delayed baggage. party liability of air carriers aris- Sec. 221. Public-private partnerships. Sec. 408. DOT airline consumer complaint in- ing out of acts of terrorism. Sec. 222. Operational incentives. vestigations. Sec. 703. Clarification of reinsurance authority. Sec. 223. Educational requirements. Sec. 409. Study of operators regulated under Sec. 704. Use of independent claims adjusters. Sec. 224. Air traffic controller staffing initia- part 135. TITLE VIII—MISCELLANEOUS tives and analysis. Sec. 410. Use of cell phones on passenger air- Sec. 801. Disclosure of data to Federal agencies Sec. 225. Reports on status of greener skies craft. in interest of national security. project. Sec. 411. Establishment of advisory committee Sec. 802. FAA authority to conduct criminal TITLE III—SAFETY for aviation consumer protection. history record checks. Sec. 412. Disclosure of seat dimensions to facili- Subtitle A—General Provisions Sec. 803. Civil penalties technical amendments. tate the use of child safety seats Sec. 301. Judicial review of denial of airman Sec. 804. Consolidation and realignment of FAA on aircraft. certificates. services and facilities. Sec. 413. Schedule reduction. Sec. 302. Release of data relating to abandoned Sec. 805. Limiting access to flight decks of all- Sec. 414. Ronald Reagan Washington National type certificates and supplemental cargo aircraft. Airport slot exemptions. type certificates. Sec. 806. Consolidation or elimination of obso- Sec. 415. Passenger air service improvements. Sec. 303. Design and production organization lete, redundant, or otherwise un- certificates. Subtitle B—Essential Air Service necessary reports; use of elec- Sec. 304. Cabin crew communication. Sec. 421. Limitation on essential air service to tronic media format. Sec. 305. Line check evaluations. locations that average fewer than Sec. 807. Prohibition on use of certain funds. Sec. 306. Safety of air ambulance operations. 10 enplanements per day. Sec. 808. Study on aviation fuel prices.

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Sec. 809. Wind turbine lighting. Sec. 1101. Extension of taxes funding airport (b) AUTHORIZED EXPENDITURES.—Section Sec. 810. Air-rail code sharing study. and airway trust fund. 106(k)(2) is amended— Sec. 811. D.C. Metropolitan Area Special Flight Sec. 1102. Extension of airport and airway trust (1) by striking subparagraphs (A), (B), (C), Rules Area. fund expenditure authority. and (D); Sec. 812. FAA review and reform. Sec. 1103. Treatment of fractional aircraft own- (2) by redesignating subparagraphs (E), (F), Sec. 813. Use of mineral revenue at certain air- ership programs. and (G) as subparagraphs (A), (B), and (C), reports. Sec. 1104. Transparency in passenger tax dis- spectively; and Sec. 814. Contracting. closures. (3) in subparagraphs (A), (B), and (C) (as so Sec. 815. Flood planning. Sec. 1105. Tax-exempt bond financing for fixed- redesignated) by striking ‘‘2004 through 2007’’ Sec. 816. Historical aircraft documents. wing emergency medical aircraft. Sec. 817. Release from restrictions. and inserting ‘‘2012 through 2015’’. Sec. 1106. Rollover of amounts received in air- Sec. 818. Sense of Congress. (c) AUTHORITY TO TRANSFER FUNDS.—Section line carrier bankruptcy. Sec. 819. Human Intervention Motivation 106(k) is amended by adding at the end the fol- Sec. 1107. Termination of exemption for small Study. lowing: Sec. 820. Study of aeronautical mobile telem- jet aircraft on nonestablished ‘‘(3) ADMINISTERING PROGRAM WITHIN AVAIL- etry. lines. ABLE FUNDING.—Notwithstanding any other pro- Sec. 821. Clarification of requirements for vol- Sec. 1108. Modification of control definition for vision of law, in each of fiscal years 2012 unteer pilots operating charitable purposes of section 249. through 2015, if the Secretary determines that medical flights. TITLE XII—COMPLIANCE WITH the funds appropriated under paragraph (1) are Sec. 822. Pilot program for redevelopment of STATUTORY PAY-AS-YOU-GO-ACT OF 2010 insufficient to meet the salary, operations, and airport properties. Sec. 1201. Compliance provision. maintenance expenses of the Federal Aviation Sec. 823. Report on New York City and Newark SEC. 2. AMENDMENTS TO TITLE 49, UNITED Administration, as authorized by this section, air traffic control facilities. STATES CODE. the Secretary shall reduce nonsafety-related ac- Sec. 824. Cylinders of compressed oxygen or Except as otherwise expressly provided, when- tivities of the Administration as necessary to re- other oxidizing gases. ever in this Act an amendment or repeal is ex- duce such expenses to a level that can be met by Sec. 825. Orphan aviation earmarks. pressed in terms of an amendment to, or a repeal the funding available under paragraph (1).’’. Sec. 826. Privacy protections for air passenger of, a section or other provision, the reference SEC. 104. FUNDING FOR AVIATION PROGRAMS. screening with advanced imaging shall be considered to be made to a section or (a) AIRPORT AND AIRWAY TRUST FUND GUAR- technology. other provision of title 49, United States Code. ANTEE.—Section 48114(a)(1)(A) is amended to Sec. 827. Commercial space launch license re- read as follows: quirements. SEC. 3. EFFECTIVE DATE. Sec. 828. Air transportation of lithium cells and Except as otherwise expressly provided, this ‘‘(A) IN GENERAL.—The total budget resources batteries. Act and the amendments made by this Act shall made available from the Airport and Airway Sec. 829. Clarification of memorandum of un- take effect on the date of enactment of this Act. Trust Fund each fiscal year pursuant to sections 48101, 48102, 48103, and 106(k) shall— derstanding with OSHA. TITLE I—AUTHORIZATIONS ‘‘(i) in fiscal year 2013, be equal to 90 percent Sec. 830. Approval of applications for the air- Subtitle A—Funding of FAA Programs port security screening opt-out of the estimated level of receipts plus interest program. SEC. 101. AIRPORT PLANNING AND DEVELOP- credited to the Airport and Airway Trust Fund MENT AND NOISE COMPATIBILITY for that fiscal year; and TITLE IX—FEDERAL AVIATION RESEARCH PLANNING AND PROGRAMS. AND DEVELOPMENT ‘‘(ii) in fiscal year 2014 and each fiscal year (a) AUTHORIZATION.—Section 48103 is amend- thereafter, be equal to the sum of— Sec. 901. Authorization of appropriations. ed to read as follows: ‘‘(I) 90 percent of the estimated level of re- Sec. 902. Definitions. ‘‘§ 48103. Airport planning and development ceipts plus interest credited to the Airport and Sec. 903. Unmanned aircraft systems. and noise compatibility planning and pro- Airway Trust Fund for that fiscal year; and Sec. 904. Research program on runways. grams Sec. 905. Research on design for certification. ‘‘(II) the actual level of receipts plus interest Sec. 906. Airport cooperative research program. ‘‘(a) IN GENERAL.—There shall be available to credited to the Airport and Airway Trust Fund Sec. 907. Centers of excellence. the Secretary of Transportation out of the Air- for the second preceding fiscal year minus the Sec. 908. Center of excellence for aviation port and Airway Trust Fund established under total amount made available for obligation from human resource research. section 9502 of the Internal Revenue Code of the Airport and Airway Trust Fund for the sec- Sec. 909. Interagency research on aviation and 1986 to make grants for airport planning and ond preceding fiscal year. the environment. airport development under section 47104, airport Such amounts may be used only for the aviation Sec. 910. Aviation fuel research and develop- noise compatibility planning under section investment programs listed in subsection ment program. 47505(a)(2), and carrying out noise compatibility (b)(1).’’. Sec. 911. Research program on alternative jet programs under section 47504(c) $3,350,000,000 (b) TECHNICAL CORRECTION.—Section fuel technology for civil aircraft. for each of fiscal years 2012 through 2015. 48114(a)(1)(B) is amended by striking ‘‘sub- Sec. 912. Review of FAA’s energy-related and ‘‘(b) AVAILABILITY OF AMOUNTS.—Amounts section (b)’’ and inserting ‘‘subsection (b)(1)’’. environment-related research pro- made available under subsection (a) shall re- (c) ADDITIONAL AUTHORIZATIONS OF APPRO- grams. main available until expended.’’. PRIATIONS FROM THE GENERAL FUND.—Section Sec. 913. Review of FAA’s aviation safety-re- (b) OBLIGATIONAL AUTHORITY.—Section 48114(a)(2) is amended by striking ‘‘2007’’ and lated research programs. 47104(c) is amended in the matter preceding inserting ‘‘2015’’. Sec. 914. Production of clean coal fuel tech- paragraph (1) by striking ‘‘After’’ and all the (d) ESTIMATED LEVEL OF RECEIPTS PLUS IN- nology for civilian aircraft. follows before ‘‘the Secretary’’ and inserting TEREST DEFINED.—Section 48114(b)(2) is amend- Sec. 915. Wake turbulence, volcanic ash, and ‘‘After September 30, 2015,’’. ed— weather research. SEC. 102. AIR NAVIGATION FACILITIES AND (1) in the paragraph heading by striking Sec. 916. Reauthorization of center of excellence EQUIPMENT. ‘‘LEVEL’’ and inserting ‘‘ESTIMATED LEVEL’’; in applied research and training (a) AUTHORIZATION OF APPROPRIATIONS.—Sec- and in the use of advanced materials tion 48101(a) is amended by striking paragraphs (2) by striking ‘‘level of receipts plus interest’’ in transport aircraft. (1) through (8) and inserting the following: and inserting ‘‘estimated level of receipts plus Sec. 917. Research and development of equip- ‘‘(1) $2,731,000,000 for fiscal year 2012. interest’’. ment to clean and monitor the en- ‘‘(2) $2,715,000,000 for fiscal year 2013. (e) ENFORCEMENT OF GUARANTEES.—Section gine and APU bleed air supplied ‘‘(3) $2,730,000,000 for fiscal year 2014. 48114(c)(2) is amended by striking ‘‘2007’’ and on pressurized aircraft. ‘‘(4) $2,730,000,000 for fiscal year 2015.’’. inserting ‘‘2015’’. Sec. 918. Expert review of enterprise architec- (b) SET-ASIDES.—Section 48101 is amended— SEC. 105. DELINEATION OF NEXT GENERATION ture for NextGen. (1) by striking subsections (c), (d), (e), (h), Sec. 919. Airport sustainability planning work- AIR TRANSPORTATION SYSTEM and (i); and PROJECTS. ing group. (2) by redesignating subsections (f) and (g) as Section 44501(b) is amended— TITLE X—NATIONAL MEDIATION BOARD subsections (c) and (d), respectively. (1) in paragraph (3) by striking ‘‘and’’ after Sec. 1001. Rulemaking authority. SEC. 103. FAA OPERATIONS. the semicolon; Sec. 1002. Runoff election rules. (a) IN GENERAL.—Section 106(k)(1) is amended (2) in paragraph (4)(B) by striking ‘‘defense.’’ Sec. 1003. Bargaining representative certifi- by striking subparagraphs (A) through (H) and and inserting ‘‘defense; and’’; and cation. inserting the following: (3) by adding at the end the following: Sec. 1004. Oversight. ‘‘(A) $9,653,000,000 for fiscal year 2012; ‘‘(5) a list of capital projects that are part of TITLE XI—AIRPORT AND AIRWAY TRUST ‘‘(B) $9,539,000,000 for fiscal year 2013; the Next Generation Air Transportation System FUND PROVISIONS AND RELATED TAXES ‘‘(C) $9,596,000,000 for fiscal year 2014; and and funded by amounts appropriated under sec- Sec. 1100. Amendment of 1986 code. ‘‘(D) $9,653,000,000 for fiscal year 2015.’’. tion 48101(a).’’.

VerDate Sep 11 2014 12:49 Feb 24, 2017 Jkt 019102 PO 00000 Frm 00010 Fmt 0688 Sfmt 6333 E:\BR12\H01FE2.000 H01FE2 rmajette on DSK2TPTVN1PROD with BOUND RECORD February 1, 2012 CONGRESSIONAL RECORD—HOUSE, Vol. 158, Pt. 1 613 Subtitle B—Passenger Facility Charges in carrying out capital improvement projects ‘‘(7) Recording a security interest in an air- SEC. 111. PASSENGER FACILITY CHARGES. funded using passenger facility charges col- craft or aircraft part. (a) PFC DEFINED.—Section 40117(a)(5) is lected under section 40117 of title 49, United ‘‘(8) Issuing an airman certificate. amended to read as follows: States Code, with the goal of serving the needs ‘‘(9) Issuing a replacement airman certificate. ‘‘(5) PASSENGER FACILITY CHARGE.—The term of all stakeholders. ‘‘(10) Issuing an airman medical certificate. ‘passenger facility charge’ means a charge or fee Subtitle C—Fees for FAA Services ‘‘(11) Providing a legal opinion pertaining to aircraft registration or recordation. imposed under this section.’’. SEC. 121. UPDATE ON OVERFLIGHTS. ‘‘(b) LIMITATION ON COLLECTION.—No fee may (b) PILOT PROGRAM FOR PFC AUTHORIZATIONS (a) ESTABLISHMENT AND ADJUSTMENT OF AT NONHUB AIRPORTS.—Section 40117(l) is be collected under this section unless the ex- FEES.—Section 45301(b) is amended to read as penditure of the fee to pay the costs of activities amended— follows: (1) by striking paragraph (7); and and services for which the fee is imposed is pro- ‘‘(b) ESTABLISHMENT AND ADJUSTMENT OF vided for in advance in an appropriations Act. (2) by redesignating paragraph (8) as para- FEES.— ‘‘(c) FEES CREDITED AS OFFSETTING COLLEC- graph (7). ‘‘(1) IN GENERAL.—In establishing and adjust- TIONS.— (c) CORRECTION OF REFERENCES.— ing fees under this section, the Administrator ‘‘(1) IN GENERAL.—Notwithstanding section (1) SECTION 40117.—Section 40117 is amended— shall ensure that the fees are reasonably related (A) in the section heading by striking ‘‘fees’’ 3302 of title 31, any fee authorized to be col- to the Administration’s costs, as determined by lected under this section shall— and inserting ‘‘charges’’; the Administrator, of providing the services ren- (B) in the heading for subsection (e) by strik- ‘‘(A) be credited as offsetting collections to the dered. ing ‘‘FEES’’ and inserting ‘‘CHARGES’’; account that finances the activities and services ‘‘(2) SERVICES FOR WHICH COSTS MAY BE RE- (C) in the heading for subsection (l) by strik- for which the fee is imposed; COVERED.—Services for which costs may be re- ing ‘‘FEE’’ and inserting ‘‘CHARGE’’; ‘‘(B) be available for expenditure only to pay covered under this section include the costs of (D) in the heading for paragraph (5) of sub- the costs of activities and services for which the air traffic control, navigation, weather services, section (l) by striking ‘‘FEE’’ and inserting fee is imposed, including all costs associated training, and emergency services that are avail- ‘‘CHARGE’’; with collecting the fee; and able to facilitate safe transportation over the (E) in the heading for subsection (m) by strik- ‘‘(C) remain available until expended. United States and the costs of other services ing ‘‘FEES’’ and inserting ‘‘CHARGES’’; ‘‘(2) CONTINUING APPROPRIATIONS.—The Ad- provided by the Administrator, or by programs (F) in the heading for paragraph (1) of sub- ministrator may continue to assess, collect, and financed by the Administrator, to flights that section (m) by striking ‘‘FEES’’ and inserting spend fees established under this section during neither take off nor land in the United States. ‘‘CHARGES’’; any period in which the funding for the Federal ‘‘(3) LIMITATIONS ON JUDICIAL REVIEW.—Not- (G) by striking ‘‘fee’’ each place it appears Aviation Administration is provided under an withstanding section 702 of title 5 or any other (other than the second sentence of subsection Act providing continuing appropriations in lieu provision of law, the following actions and (g)(4)) and inserting ‘‘charge’’; and of the Administration’s regular appropriations. other matters shall not be subject to judicial re- (H) by striking ‘‘fees’’ each place it appears ‘‘(3) ADJUSTMENTS.—The Administrator shall view: and inserting ‘‘charges’’. adjust a fee established under subsection (a) for ‘‘(A) The establishment or adjustment of a fee (2) OTHER REFERENCES.— a service or activity if the Administrator deter- (A) Subtitle VII is amended by striking ‘‘fee’’ by the Administrator under this section. mines that the actual cost of the service or ac- and inserting ‘‘charge’’ each place it appears in ‘‘(B) The validity of a determination of costs tivity is higher or lower than was indicated by each of the following sections: by the Administrator under paragraph (1), and the cost data used to establish such fee.’’. the processes and procedures applied by the Ad- (i) Section 47106(f)(1). (b) CLERICAL AMENDMENT.—The analysis for (ii) Section 47110(e)(5). ministrator when reaching such determination. chapter 453 is amended by adding at the end the ‘‘(C) An allocation of costs by the Adminis- (iii) Section 47114(f). following: (iv) Section 47134(g)(1). trator under paragraph (1) to services provided, and the processes and procedures applied by the ‘‘45305. Registration, certification, and related (v) Section 47139(b). fees.’’. (vi) Section 47521. Administrator when establishing such alloca- (c) FEES INVOLVING AIRCRAFT NOT PROVIDING (vii) Section 47524(e). tion. AIR TRANSPORTATION.—Section 45302(e) is (viii) Section 47526(2). ‘‘(4) AIRCRAFT ALTITUDE.—Nothing in this sec- amended— (B) Section 47521(5) is amended by striking tion shall require the Administrator to take into (1) by striking ‘‘A fee’’ and inserting the fol- ‘‘fees’’ and inserting ‘‘charges’’. account aircraft altitude in establishing any fee lowing: (3) CLERICAL AMENDMENT.—The analysis for for aircraft operations in en route or oceanic ‘‘(1) IN GENERAL.—A fee’’; and chapter 401 is amended by striking the item re- airspace. (2) by adding at the end the following: lating to section 40117 and inserting the fol- ‘‘(5) COSTS DEFINED.—In this subsection, the ‘‘(2) EFFECT OF IMPOSITION OF OTHER FEES.— lowing: term ‘costs’ includes operation and maintenance A fee may not be imposed for a service or activ- ‘‘40117. Passenger facility charges.’’. costs, leasing costs, and overhead expenses associated with the services provided and the facili- ity under this section during any period in SEC. 112. GAO STUDY OF ALTERNATIVE MEANS OF ties and equipment used in providing such serv- which a fee for the same service or activity is COLLECTING PFCS. ices.’’. imposed under section 45305.’’. (a) IN GENERAL.—The Comptroller General of (b) ADJUSTMENT OF FEES.—Section 45301 is Subtitle D—Airport Improvement Program the United States shall conduct a study of alter- amended by adding at the end the following: Modifications native means of collecting passenger facility ‘‘(e) ADJUSTMENT OF FEES.—In addition to ad- charges imposed under section 40117 of title 49, SEC. 131. AIRPORT MASTER PLANS. justments under subsection (b), the Adminis- United States Code, that would permit such Section 47101(g)(2) is amended— trator may periodically adjust the fees estab- charges to be collected without being included (1) in subparagraph (B) by striking ‘‘and’’ at lished under this section.’’. in the ticket price. In conducting the study, the the end; Comptroller General shall consider, at a min- SEC. 122. REGISTRATION FEES. (2) by redesignating subparagraph (C) as sub- imum— (a) IN GENERAL.—Chapter 453 is amended by paragraph (D); and (1) collection options for arriving, connecting, adding at the end the following: (3) by inserting after subparagraph (B) the and departing passengers at airports; ‘‘§ 45305. Registration, certification, and re- following: (2) cost sharing or allocation methods based lated fees ‘‘(C) consider passenger convenience, airport on passenger travel to address connecting traf- ‘‘(a) GENERAL AUTHORITY AND FEES.—Subject ground access, and access to airport facilities; fic; and to subsection (b), the Administrator of the Fed- and’’. (3) examples of airport charges collected by eral Aviation Administration shall establish and SEC. 132. AIP DEFINITIONS. domestic and international airports that are not collect a fee for each of the following services (a) AIRPORT DEVELOPMENT.—Section 47102(3) included in ticket prices. and activities of the Administration that does is amended— (b) REPORT.—Not later than 1 year after the not exceed the estimated costs of the service or (1) in subparagraph (B)(iv) by striking ‘‘20’’ date of enactment of this Act, the Comptroller activity: and inserting ‘‘9’’; General shall submit to the Committee on Com- ‘‘(1) Registering an aircraft. (2) in subparagraph (G) by inserting ‘‘and in- merce, Science, and Transportation of the Sen- ‘‘(2) Reregistering, replacing, or renewing an cluding acquiring glycol recovery vehicles,’’ ate and the Committee on Transportation and aircraft registration certificate. after ‘‘aircraft,’’; and Infrastructure of the House of Representatives a ‘‘(3) Issuing an original dealer’s aircraft reg- (3) by adding at the end the following: report on the study, including the Comptroller istration certificate. ‘‘(M) construction of mobile refueler parking General’s findings, conclusions, and rec- ‘‘(4) Issuing an additional dealer’s aircraft within a fuel farm at a nonprimary airport ommendations. registration certificate (other than the original). meeting the requirements of section 112.8 of title SEC. 113. QUALIFICATIONS-BASED SELECTION. ‘‘(5) Issuing a special registration number. 40, Code of Federal Regulations. It is the sense of Congress that airports should ‘‘(6) Issuing a renewal of a special registration ‘‘(N) terminal development under section consider the use of qualifications-based selection number reservation. 47119(a).

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‘‘(O) acquiring and installing facilities and ‘‘(E) the potential for cost savings or the gen- ‘‘(1) IN GENERAL.—Subject to paragraph (2), a equipment to provide air conditioning, heating, eration of revenue.’’. sponsor of a general aviation airport shall not or electric power from terminal-based, nonexclu- SEC. 134. CONTENTS OF COMPETITION PLANS. be considered to be in violation of this subtitle, sive use facilities to aircraft parked at a public Section 47106(f)(2) is amended— or to be in violation of a grant assurance made use airport for the purpose of reducing energy (1) by striking ‘‘patterns of air service,’’; under this section or under any other provision use or harmful emissions as compared to the (2) by inserting ‘‘and’’ before ‘‘whether’’; and of law as a condition for the receipt of Federal provision of such air conditioning, heating, or (3) by striking ‘‘, and airfare levels’’ and all financial assistance for airport development, electric power from aircraft-based systems.’’. that follows before the period. solely because the sponsor enters into an agree- (b) AIRPORT PLANNING.—Section 47102(5) is SEC. 135. GRANT ASSURANCES. ment that grants to a person that owns residen- amended to read as follows: (a) GENERAL WRITTEN ASSURANCES.—Section tial real property adjacent to or near the airport ‘‘(5) ‘airport planning’ means planning as de- 47107(a)(16)(D)(ii) is amended by inserting be- access to the airfield of the airport for the fol- fined by regulations the Secretary prescribes fore the semicolon at the end the following: ‘‘, lowing: and includes— except in the case of a relocation or replacement ‘‘(A) Aircraft of the person. ‘‘(A) integrated airport system planning; of an existing airport facility that meets the ‘‘(B) Aircraft authorized by the person. ‘‘(B) developing an environmental manage- conditions of section 47110(d)’’. ‘‘(2) THROUGH-THE-FENCE AGREEMENTS.— ment system; and (b) WRITTEN ASSURANCES ON ACQUIRING ‘‘(A) IN GENERAL.—An agreement described in ‘‘(C) developing a plan for recycling and mini- LAND.— paragraph (1) between an airport sponsor and a mizing the generation of airport solid waste, (1) USE OF PROCEEDS.—Section 47107(c)(2) is property owner (or an association representing consistent with applicable State and local recy- amended— such property owner) shall be a written agree- cling laws, including the cost of a waste (A) in subparagraph (A)— ment that prescribes the rights, responsibilities, audit.’’. (i) in the matter preceding clause (i) by strik- charges, duration, and other terms the airport (c) GENERAL AVIATION AIRPORT.—Section ing ‘‘purpose—’’ and inserting ‘‘purpose (in- sponsor determines are necessary to establish 47102 is amended— cluding land serving as a noise buffer either by and manage the airport sponsor’s relationship (1) by redesignating paragraphs (23) through being undeveloped or developed in a way that is with the property owner. (25) as paragraphs (25) through (27), respec- compatible with using the land for noise ‘‘(B) TERMS AND CONDITIONS.—An agreement tively; buffering purposes)—’’; described in paragraph (1) between an airport (2) by redesignating paragraphs (8) through (ii) in clause (iii) by striking ‘‘paid to the Sec- sponsor and a property owner (or an association (22) as paragraphs (9) through (23), respectively; retary’’ and all that follows before the semicolon representing such property owner) shall require and and inserting ‘‘reinvested in another project at the property owner, at minimum— (3) by inserting after paragraph (7) the fol- the airport or transferred to another airport as ‘‘(i) to pay airport access charges that, as de- lowing: the Secretary prescribes under paragraph (4)’’; termined by the airport sponsor, are comparable ‘‘(8) ‘general aviation airport’ means a public and to those charged to tenants and operators on- airport that is located in a State and that, as (B) in subparagraph (B)(iii) by striking ‘‘rein- airport making similar use of the airport; determined by the Secretary— vested, on application’’ and all that follows be- ‘‘(ii) to bear the cost of building and main- ‘‘(A) does not have scheduled service; or fore the period at the end and inserting ‘‘rein- taining the infrastructure that, as determined ‘‘(B) has scheduled service with less than vested in another project at the airport or trans- by the airport sponsor, is necessary to provide 2,500 passenger boardings each year.’’. ferred to another airport as the Secretary pre- aircraft located on the property adjacent to or (d) REVENUE PRODUCING AERONAUTICAL SUP- scribes under paragraph (4)’’. near the airport access to the airfield of the air- PORT FACILITIES.—Section 47102 is amended by (2) ELIGIBLE PROJECTS.—Section 47107(c) is port; inserting after paragraph (23) (as redesignated amended by adding at the end the following: ‘‘(iii) to maintain the property for residential, by subsection (c)(2) of this section) the fol- ‘‘(4) In approving the reinvestment or transfer noncommercial use for the duration of the lowing: of proceeds under paragraph (2)(A)(iii) or agreement; ‘‘(24) ‘revenue producing aeronautical support (2)(B)(iii), the Secretary shall give preference, in ‘‘(iv) to prohibit access to the airport from facilities’ means fuel farms, hangar buildings, descending order, to the following actions: other properties through the property of the self-service credit card aeronautical fueling sys- ‘‘(A) Reinvestment in an approved noise com- property owner; and tems, airplane wash racks, major rehabilitation patibility project. ‘‘(v) to prohibit any aircraft refueling from oc- of a hangar owned by a sponsor, or other aero- ‘‘(B) Reinvestment in an approved project curring on the property.’’. nautical support facilities that the Secretary de- that is eligible for funding under section (b) APPLICABILITY.—The amendment made by termines will increase the revenue producing 47117(e). subsection (a) shall apply to an agreement be- ability of the airport.’’. ‘‘(C) Reinvestment in an approved airport de- tween an airport sponsor and a property owner (e) TERMINAL DEVELOPMENT.—Section 47102 velopment project that is eligible for funding (or an association representing such property (as amended by subsection (c) of this section) is under section 47114, 47115, or 47117. further amended by adding at the end the fol- owner) entered into before, on, or after the date ‘‘(D) Transfer to a sponsor of another public of enactment of this Act. lowing: airport to be reinvested in an approved noise ‘‘(28) ‘terminal development’ means— SEC. 137. GOVERNMENT SHARE OF PROJECT compatibility project at that airport. COSTS. ‘‘(A) development of— ‘‘(E) Payment to the Secretary for deposit in Section 47109 is amended— ‘‘(i) an airport passenger terminal building, the Airport and Airway Trust Fund established (1) in subsection (a) by striking ‘‘provided in including terminal gates; under section 9502 of the Internal Revenue Code subsection (b) or subsection (c) of this section’’ ‘‘(ii) access roads servicing exclusively airport of 1986. and inserting ‘‘otherwise provided in this sec- traffic that leads directly to or from an airport ‘‘(5)(A) A lease at fair market value by an air- tion’’; and passenger terminal building; and port owner or operator of land acquired for a (2) by adding at the end the following: ‘‘(iii) walkways that lead directly to or from noise compatibility purpose using a grant pro- ‘‘(e) SPECIAL RULE FOR TRANSITION FROM an airport passenger terminal building; and vided under this subchapter shall not be consid- SMALL HUB TO MEDIUM HUB STATUS.—If the ‘‘(B) the cost of a vehicle described in section ered a disposal for purposes of paragraph (2). status of a small hub airport changes to a me- 47119(a)(1)(B).’’. ‘‘(B) The airport owner or operator may use dium hub airport, the Government’s share of al- SEC. 133. RECYCLING PLANS FOR AIRPORTS. revenues from a lease described in subparagraph lowable project costs for the airport may not ex- Section 47106(a) is amended— (A) for an approved airport development project ceed 90 percent for the first 2 fiscal years after (1) in paragraph (4) by striking ‘‘and’’ at the that is eligible for funding under section 47114, such change in hub status. end; 47115, or 47117. (2) in paragraph (5) by striking ‘‘proposed.’’ ‘‘(C) The Secretary shall coordinate with each ‘‘(f) SPECIAL RULE FOR ECONOMICALLY DIS- and inserting ‘‘proposed; and’’; and airport owner or operator to ensure that leases TRESSED COMMUNITIES.—The Government’s (3) by adding at the end the following: described in subparagraph (A) are consistent share of allowable project costs shall be 95 per- ‘‘(6) if the project is for an airport that has an with noise buffering purposes. cent for a project at an airport that— airport master plan, the master plan addresses ‘‘(D) The provisions of this paragraph apply ‘‘(1) is receiving essential air service for which issues relating to solid waste recycling at the to all land acquired before, on, or after the date compensation was provided to an air carrier airport, including— of enactment of this paragraph.’’. under subchapter II of chapter 417; and ‘‘(2) is located in an area that meets one or ‘‘(A) the feasibility of solid waste recycling at SEC. 136. AGREEMENTS GRANTING THROUGH- the airport; THE-FENCE ACCESS TO GENERAL more of the criteria established in section 301(a) ‘‘(B) minimizing the generation of solid waste AVIATION AIRPORTS. of the Public Works and Economic Development at the airport; (a) IN GENERAL.—Section 47107 is amended by Act of 1965 (42 U.S.C. 3161(a)), as determined by ‘‘(C) operation and maintenance require- adding at the end the following: the Secretary of Commerce.’’. ments; ‘‘(t) AGREEMENTS GRANTING THROUGH-THE- SEC. 138. ALLOWABLE PROJECT COSTS. ‘‘(D) the review of waste management con- FENCE ACCESS TO GENERAL AVIATION AIR- (a) ALLOWABLE PROJECT COSTS.—Section tracts; and PORTS.— 47110(b)(2)(D) is amended to read as follows:

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VETERANS’ PREFERENCE. ‘‘(e) MANDATORY TRAINING PROGRAM.— the grant agreement, and if— Section 47112(c) is amended— ‘‘(1) IN GENERAL.—Not later than 1 year after ‘‘(i) the cost was incurred before execution of (1) in paragraph (1)— the date of enactment of this subsection, the the grant agreement because the airport has a (A) in subparagraph (B) by striking ‘‘sepa- Secretary shall establish a mandatory training shortened construction season due to climactic rated from’’ and inserting ‘‘discharged or re- program for persons described in paragraph (3) conditions in the vicinity of the airport; leased from active duty in’’; and to provide streamlined training on certifying ‘‘(ii) the cost is in accordance with an airport (B) by adding at the end the following: whether a small business concern qualifies as a layout plan approved by the Secretary and with ‘‘(C) ‘Afghanistan-Iraq war veteran’ means small business concern owned and controlled by all statutory and administrative requirements an individual who served on active duty (as de- socially and economically disadvantaged indi- that would have been applicable to the project fined in section 101 of title 38) in the armed viduals under this section and section 47107(e). ‘‘(2) IMPLEMENTATION.—The training program if the project had been carried out after execu- forces in support of Operation Enduring Free- may be implemented by one or more private enti- tion of the grant agreement, including submis- dom, Operation Iraqi Freedom, or Operation sion of a complete grant application to the ap- ties approved by the Secretary. New Dawn for more than 180 consecutive days, ‘‘(3) PARTICIPANTS.—A person referred to in propriate regional or district office of the Fed- any part of which occurred after September 11, paragraph (1) is an official or agent of an air- eral Aviation Administration; 2001, and before the date prescribed by presi- ‘‘(iii) the sponsor notifies the Secretary before port sponsor— dential proclamation or by law as the last day ‘‘(A) who is required to provide a written as- authorizing work to commence on the project; of Operation Enduring Freedom, Operation surance under this section or section 47107(e) ‘‘(iv) the sponsor has an alternative funding Iraqi Freedom, or Operation New Dawn (which- that the airport owner or operator will meet the source available to fund the project; and ever is later), and who was discharged or re- percentage goal of subsection (b) of this section ‘‘(v) the sponsor’s decision to proceed with the leased from active duty in the armed forces or section 47107(e)(1), as the case may be; or project in advance of execution of the grant under honorable conditions. ‘‘(B) who is responsible for determining agreement does not affect the priority assigned ‘‘(D) ‘Persian Gulf veteran’ means an indi- whether or not a small business concern quali- to the project by the Secretary for the allocation vidual who served on active duty in the armed fies as a small business concern owned and con- of discretionary funds;’’. forces in the Southwest Asia theater of oper- trolled by socially and economically disadvan- (b) INCLUSION OF MEASURES TO IMPROVE EFFI- ations during the Persian Gulf War for more taged individuals under this section or section CIENCY OF AIRPORT BUILDINGS IN AIRPORT IM- than 180 consecutive days, any part of which 47107(e).’’. PROVEMENT PROJECTS.—Section 47110(b) is occurred after August 2, 1990, and before the (c) INSPECTOR GENERAL REPORT ON PARTICI- amended— date prescribed by presidential proclamation or PATION IN FAA PROGRAMS BY DISADVANTAGED (1) in paragraph (5) by striking ‘‘; and’’ and by law, and who was discharged or released SMALL BUSINESS CONCERNS.— inserting a semicolon; from active duty in the armed forces under hon- (1) IN GENERAL.—For each of fiscal years 2013 (2) in paragraph (6) by striking the period at orable conditions.’’; and through 2015, the Inspector General of the De- the end and inserting ‘‘; and’’; and (2) in paragraph (2) by striking ‘‘Vietnam-era partment of Transportation shall submit to Con- (3) by adding at the end the following: veterans and disabled veterans’’ and inserting gress a report on the number of new small busi- ‘‘(7) if the cost is incurred on a measure to im- ‘‘Vietnam-era veterans, Persian Gulf veterans, ness concerns owned and controlled by socially prove the efficiency of an airport building (such Afghanistan-Iraq war veterans, disabled vet- and economically disadvantaged individuals, in- as a measure designed to meet one or more of the erans, and small business concerns (as defined cluding those owned by veterans, that partici- criteria for being considered a high-performance in section 3 of the Small Business Act (15 U.S.C. pated in the programs and activities funded green building as set forth under section 401(13) 632)) owned and controlled by disabled vet- using the amounts made available under this of the Energy Independence and Security Act of erans’’. Act. 2007 (42 U.S.C. 17061(13))) and— (2) NEW SMALL BUSINESS CONCERNS.—For pur- ‘‘(A) the measure is for a project for airport SEC. 140. MINORITY AND DISADVANTAGED BUSI- NESS PARTICIPATION. poses of subsection (a), a new small business development; concern is a small business concern that did not (a) FINDINGS.—Congress finds the following: ‘‘(B) the measure is for an airport building participate in the programs and activities de- (1) While significant progress has occurred that is otherwise eligible for construction assist- scribed in subsection (a) in a previous fiscal due to the establishment of the airport dis- ance under this subchapter; and year. advantaged business enterprise program (49 ‘‘(C) if the measure results in an increase in (3) CONTENTS.—The report shall include— initial project costs, the increase is justified by U.S.C. 47107(e) and 47113), discrimination and (A) a list of the top 25 and bottom 25 large and expected savings over the life cycle of the related barriers continue to pose significant ob- medium hub airports in terms of providing op- project.’’. stacles for minority- and women-owned busi- portunities for small business concerns owned (c) RELOCATION OF AIRPORT-OWNED FACILI- nesses seeking to do business in airport-related and controlled by socially and economically dis- TIES.—Section 47110(d) is amended to read as markets across the Nation. These continuing advantaged individuals to participate in the follows: barriers merit the continuation of the airport programs and activities funded using the ‘‘(d) RELOCATION OF AIRPORT-OWNED FACILI- disadvantaged business enterprise program. amounts made available under this Act; TIES.—The Secretary may determine that the (2) Congress has received and reviewed testi- (B) the results of an assessment, to be con- costs of relocating or replacing an airport- mony and documentation of race and gender ducted by the Inspector General, on the reasons owned facility are allowable for an airport de- discrimination from numerous sources, includ- why the top airports have been successful in velopment project at an airport only if— ing congressional hearings and roundtables, sci- providing such opportunities; and ‘‘(1) the Government’s share of such costs will entific reports, reports issued by public and pri- (C) recommendations to the Administrator of be paid with funds apportioned to the airport vate agencies, news stories, reports of discrimi- the Federal Aviation Administration and Con- sponsor under section 47114(c)(1) or 47114(d); nation by organizations and individuals, and gress on methods for other airports to achieve ‘‘(2) the Secretary determines that the reloca- discrimination lawsuits. This testimony and results similar to those of the top airports. tion or replacement is required due to a change documentation shows that race- and gender- SEC. 141. SPECIAL APPORTIONMENT RULES. in the Secretary’s design standards; and neutral efforts alone are insufficient to address (a) ELIGIBILITY TO RECEIVE PRIMARY AIRPORT ‘‘(3) the Secretary determines that the change the problem. MINIMUM APPORTIONMENT AMOUNT.—Section is beyond the control of the airport sponsor.’’. (3) This testimony and documentation dem- 47114(d) is amended by adding at the end the (d) NONPRIMARY AIRPORTS.—Section 47110(h) onstrates that discrimination across the Nation following: is amended— poses a barrier to full and fair participation in ‘‘(7) ELIGIBILITY TO RECEIVE PRIMARY AIRPORT (1) by inserting ‘‘construction’’ before ‘‘costs airport-related businesses of women business MINIMUM APPORTIONMENT AMOUNT.—Notwith- of revenue producing’’; and owners and minority business owners in the ra- standing any other provision of this subsection, (2) by striking ‘‘, including fuel farms and cial groups detailed in parts 23 and 26 of title 49, the Secretary may apportion to an airport spon- hangars,’’. Code of Federal Regulations, and has impacted sor in a fiscal year an amount equal to the min- (e) BIRD-DETECTING RADAR SYSTEMS.—Section firm development and many aspects of airport- imum apportionment available under subsection 47110 is amended by adding at the end the fol- related business in the public and private mar- (c)(1)(B) if the Secretary finds that the airport— lowing: kets. ‘‘(A) received scheduled or unscheduled air ‘‘(i) BIRD-DETECTING RADAR SYSTEMS.—The (4) This testimony and documentation pro- service from a large certificated air carrier (as Administrator of the Federal Aviation Adminis- vides a strong basis that there is a compelling defined in part 241 of title 14, Code of Federal tration, upon the conclusion of all planned re- need for the continuation of the airport dis- Regulations, or such other regulations as may search by the Administration regarding avian advantaged business enterprise program and the be issued by the Secretary under the authority radar systems, shall— airport concessions disadvantaged business en- of section 41709) in the calendar year used to ‘‘(1) update Advisory Circular No. 150/5220–25 terprise program to address race and gender dis- calculate the apportionment; and to specify which systems have been studied; and crimination in airport-related business. ‘‘(B) had more than 10,000 passenger ‘‘(2) within 180 days after such research is (b) STANDARDIZING CERTIFICATION OF DIS- boardings in the calendar year used to calculate concluded, issue a final report on the use of ADVANTAGED BUSINESS ENTERPRISES.—Section the apportionment.’’.

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(b) SPECIAL RULE FOR FISCAL YEARS 2012 AND to comply with the Act of June 30, 1948 (33 ‘‘(E) FUNDING.—Of the amounts appropriated 2013.—Section 47114(c)(1) is amended— U.S.C. 1251 et seq.), approved in an environ- pursuant to section 106(k)(1), not more than (1) by striking subparagraphs (F) and (G); mental record of decision for an airport develop- $10,350,000 for each of fiscal years 2012 through and ment project under this title.’’; and 2015 may be used to carry out this paragraph. (2) by inserting after subparagraph (E) the (4) by striking ‘‘such 35 percent requirement ‘‘(F) USE OF EXCESS FUNDS.—If the Secretary following: is’’ in the second sentence and inserting ‘‘the re- finds that all or part of an amount made avail- ‘‘(F) SPECIAL RULE FOR FISCAL YEARS 2012 AND quirements of the preceding sentence are’’. able under this paragraph is not required dur- 2013.—Notwithstanding subparagraph (A), for an SEC. 146. DESIGNATING CURRENT AND FORMER ing a fiscal year, the Secretary may use, during airport that had more than 10,000 passenger MILITARY AIRPORTS. such fiscal year, the amount not so required to boardings and scheduled passenger aircraft (a) CONSIDERATIONS.—Section 47118(c) is carry out the program continued under para- service in calendar year 2007, but in either cal- amended— graph (1).’’. endar year 2009 or 2010, or in both years, the (1) in paragraph (1) by striking ‘‘or’’ after the (c) FEDERAL SHARE.—Section 47124(b)(4)(C) is number of passenger boardings decreased to a semicolon; amended by striking ‘‘$1,500,000’’ and inserting level below 10,000 boardings per year at such (2) in paragraph (2) by striking ‘‘delays.’’ and ‘‘$2,000,000’’. airport, the Secretary may apportion in each of inserting ‘‘delays; or’’; and (d) SAFETY AUDITS.—Section 47124 is amended fiscal years 2012 and 2013 to the sponsor of such (3) by adding at the end the following: by adding at the end the following: airport an amount equal to the amount appor- ‘‘(3) preserve or enhance minimum airfield in- ‘‘(c) SAFETY AUDITS.—The Secretary shall es- tioned to that sponsor in fiscal year 2009.’’. frastructure facilities at former military airports tablish uniform standards and requirements for SEC. 142. UNITED STATES TERRITORIES MINIMUM to support emergency diversionary operations regular safety assessments of air traffic control GUARANTEE. for transoceanic flights in locations— towers that receive funding under this section.’’. Section 47114 is amended by adding at the end ‘‘(A) within United States jurisdiction or con- SEC. 148. RESOLUTION OF DISPUTES CON- the following: trol; and CERNING AIRPORT FEES. ‘‘(g) SUPPLEMENTAL APPORTIONMENT FOR ‘‘(B) where there is a demonstrable lack of di- (a) IN GENERAL.—Section 47129 is amended— PUERTO RICO AND UNITED STATES TERRI- versionary airports within the distance or flight- (1) by striking the section heading and insert- TORIES.—The Secretary shall apportion amounts time required by regulations governing trans- ing the following: for airports in Puerto Rico and all other United oceanic flights.’’. ‘‘§ 47129. Resolution of disputes concerning States territories in accordance with this sec- (b) DESIGNATION OF GENERAL AVIATION AIR- airport fees’’; tion. This subsection does not prohibit the Sec- PORTS.—Section 47118(g) is amended— (2) by inserting ‘‘AND FOREIGN AIR CARRIER’’ retary from making project grants for airports in (1) in the subsection heading by striking Puerto Rico or other United States territories after ‘‘CARRIER’’ in the heading for subsection ‘‘AIRPORT’’ and inserting ‘‘AIRPORTS’’; and (d); from the discretionary fund under section (2) by striking ‘‘one of the airports bearing a 47115.’’. (3) by inserting ‘‘AND FOREIGN AIR CARRIER’’ designation under subsection (a) may be a gen- after ‘‘CARRIER’’ in the heading for subsection SEC. 143. REDUCING APPORTIONMENTS. eral aviation airport that was a former military (d)(2); Section 47114(f)(1) is amended by striking sub- installation’’ and inserting ‘‘3 of the airports (4) by striking ‘‘air carrier’’ each place it ap- paragraphs (A) and (B) and inserting the fol- bearing designations under subsection (a) may pears and inserting ‘‘air carrier or foreign air lowing: be general aviation airports that were former carrier’’; ‘‘(A) in the case of a charge of $3.00 or less— military installations’’. (5) by striking ‘‘air carrier’s’’ each place it ap- ‘‘(i) except as provided in clause (ii), 50 per- (c) SAFETY-CRITICAL AIRPORTS.—Section 47118 pears and inserting ‘‘air carrier’s or foreign air cent of the projected revenues from the charge is amended by adding at the end the following: carrier’s’’; in the fiscal year but not by more than 50 per- ‘‘(h) SAFETY-CRITICAL AIRPORTS.—Notwith- (6) by striking ‘‘air carriers’’ and inserting cent of the amount that otherwise would be ap- standing any other provision of this chapter, a ‘‘air carriers or foreign air carriers’’; and portioned under this section; or grant under section 47117(e)(1)(B) may be made (7) by striking ‘‘(as defined in section 40102 of ‘‘(ii) with respect to an airport in Hawaii, 50 for a federally owned airport designated under this title)’’ in subsection (a) and inserting ‘‘(as percent of the projected revenues from the subsection (a) if the grant is for a project that those terms are defined in section 40102)’’. charge in the fiscal year but not by more than is— (b) CONFORMING AMENDMENT.—The analysis 50 percent of the excess of— ‘‘(1) to preserve or enhance minimum airfield ‘‘(I) the amount that otherwise would be ap- for chapter 471 is amended by striking the item infrastructure facilities described in subsection portioned under this section; over relating to section 47129 and inserting the fol- (c)(3); and ‘‘(II) the amount equal to the amount speci- lowing: ‘‘(2) necessary to meet the minimum safety fied in subclause (I) multiplied by the percent- ‘‘47129. Resolution of disputes concerning air- and emergency operational requirements estab- age of the total passenger boardings at the ap- port fees.’’. lished under part 139 of title 14, Code of Federal plicable airport that are comprised of interisland SEC. 149. SALE OF PRIVATE AIRPORTS TO PUBLIC Regulations.’’. passengers; and SPONSORS. ‘‘(B) in the case of a charge of more than SEC. 147. CONTRACT TOWER PROGRAM. (a) IN GENERAL.—Section 47133(b) is amend- $3.00— (a) COST-BENEFIT REQUIREMENT.—Section ed— ‘‘(i) except as provided in clause (ii), 75 per- 47124(b) is amended— (1) by striking ‘‘Subsection (a) shall not apply cent of the projected revenues from the charge (1) in paragraph (1)— if’’ and inserting the following: in the fiscal year but not by more than 75 per- (A) by striking ‘‘(1) The Secretary’’ and in- ‘‘(1) PRIOR LAWS AND AGREEMENTS.—Sub- cent of the amount that otherwise would be ap- serting the following: section (a) shall not apply if’’; and portioned under this section; or ‘‘(1) CONTRACT TOWER PROGRAM.— (2) by adding at the end the following: ‘‘(ii) with respect to an airport in Hawaii, 75 ‘‘(A) CONTINUATION.—The Secretary’’; and ‘‘(2) SALE OF PRIVATE AIRPORT TO PUBLIC percent of the projected revenues from the (B) by adding at the end the following: SPONSOR.—In the case of a privately owned air- charge in the fiscal year but not by more than ‘‘(B) SPECIAL RULE.—If the Secretary deter- port, subsection (a) shall not apply to the pro- 75 percent of the excess of— mines that a tower already operating under the ceeds from the sale of the airport to a public ‘‘(I) the amount that otherwise would be ap- program continued under this paragraph has a sponsor if— portioned under this section; over benefit-to-cost ratio of less than 1.0, the airport ‘‘(A) the sale is approved by the Secretary; ‘‘(II) the amount equal to the amount speci- sponsor or State or local government having ju- ‘‘(B) funding is provided under this sub- fied in subclause (I) multiplied by the percent- risdiction over the airport shall not be required chapter for any portion of the public sponsor’s age of the total passenger boardings at the ap- to pay the portion of the costs that exceeds the acquisition of airport land; and plicable airport that are comprised of interisland benefit for a period of 18 months after such de- ‘‘(C) an amount equal to the remaining passengers.’’. termination is made. unamortized portion of any airport improvement SEC. 144. MARSHALL ISLANDS, MICRONESIA, AND ‘‘(C) USE OF EXCESS FUNDS.—If the Secretary grant made to that airport for purposes other PALAU. finds that all or part of an amount made avail- than land acquisition, amortized over a 20-year Section 47115(j) is amended by striking ‘‘For able to carry out the program continued under period, plus an amount equal to the Federal fiscal years’’ and all that follows before ‘‘the this paragraph is not required during a fiscal share of the current fair market value of any sponsors’’ and inserting ‘‘For fiscal years 2012 year, the Secretary may use, during such fiscal land acquired with an airport improvement through 2015,’’. year, the amount not so required to carry out grant made to that airport on or after October SEC. 145. USE OF APPORTIONED AMOUNTS. the program established under paragraph (3).’’; 1, 1996, is repaid to the Secretary by the private Section 47117(e)(1)(A) is amended— and owner. (1) by striking ‘‘35 percent’’ in the first sen- (2) in paragraph (2) by striking ‘‘(2) The Sec- ‘‘(3) TREATMENT OF REPAYMENTS.—Repay- tence and inserting ‘‘35 percent, but not more retary’’ and inserting the following: ments referred to in paragraph (2)(C) shall be than $300,000,000,’’; ‘‘(2) GENERAL AUTHORITY.—The Secretary’’. treated as a recovery of prior year obligations.’’. (2) by striking ‘‘and’’ after ‘‘47141,’’; (b) FUNDING; USE OF EXCESS FUNDS.—Section (b) APPLICABILITY TO GRANTS.—The amend- (3) by striking ‘‘et seq.).’’ and inserting ‘‘et 47124(b)(3) is amended by striking subparagraph ments made by subsection (a) shall apply to seq.), and for water quality mitigation projects (E) and inserting the following: grants issued on or after October 1, 1996.

VerDate Sep 11 2014 12:49 Feb 24, 2017 Jkt 019102 PO 00000 Frm 00014 Fmt 0688 Sfmt 6333 E:\BR12\H01FE2.000 H01FE2 rmajette on DSK2TPTVN1PROD with BOUND RECORD February 1, 2012 CONGRESSIONAL RECORD—HOUSE, Vol. 158, Pt. 1 617 SEC. 150. REPEAL OF CERTAIN LIMITATIONS ON ‘‘Secretary of Transportation’’ and inserting SEC. 155. STUDY ON NATIONAL PLAN OF INTE- METROPOLITAN WASHINGTON AIR- ‘‘Secretary’’; GRATED AIRPORT SYSTEMS. PORTS AUTHORITY. (4) in subsections (b)(3) and (b)(4)(A) (as re- (a) IN GENERAL.—Not later than 90 days after Section 49108, and the item relating to section designated by paragraph (1) of this subsection) the date of enactment of this Act, the Secretary 49108 in the analysis for chapter 491, are re- by striking ‘‘section 47110(d)’’ and inserting of Transportation shall begin a study to evalu- pealed. ‘‘subsection (a)’’; ate the formulation of the national plan of inte- SEC. 151. MIDWAY ISLAND AIRPORT. (5) in subsection (b)(5) (as redesignated by grated airport systems (in this section referred to Section 186(d) of the Vision 100—Century of paragraph (1) of this subsection) by striking as the ‘‘plan’’) under section 47103 of title 49, Aviation Reauthorization Act (117 Stat. 2518) is ‘‘subsection (b)(1) and (2)’’ and inserting ‘‘sub- United States Code. amended by striking ‘‘for fiscal years’’ and all sections (c)(1) and (c)(2)’’; (b) CONTENTS OF STUDY.—The study shall in- that follows before ‘‘from amounts’’ and insert- (6) in subsections (c)(1), (c)(2)(A), (c)(3), and clude a review of the following: ing ‘‘for fiscal years 2012 through 2015’’. (c)(4) (as redesignated by paragraph (1) of this (1) The criteria used for including airports in SEC. 152. MISCELLANEOUS AMENDMENTS. subsection) by striking ‘‘section 47110(d) of this the plan and the application of such criteria in (a) TECHNICAL CHANGES TO NATIONAL PLAN OF title’’ and inserting ‘‘subsection (a)’’; the most recently published version of the plan. INTEGRATED AIRPORT SYSTEMS.—Section 47103 is (7) in subsections (c)(2)(B) and (c)(5) (as re- (2) The changes in airport capital needs as amended— designated by paragraph (1) of this subsection) shown in the 2005–2009 and 2007–2011 plans, (1) in subsection (a)— by striking ‘‘section 47110(d)’’ and inserting compared with the amounts apportioned or oth- (A) by striking ‘‘each airport to—’’ and insert- ‘‘subsection (a)’’; and erwise made available to individual airports being ‘‘the airport system to—’’; (8) by adding at the end the following: tween 2005 and 2010. (B) in paragraph (1) by striking ‘‘system in ‘‘(f) LIMITATION ON DISCRETIONARY FUNDS.— (3) A comparison of the amounts received by the particular area;’’ and inserting ‘‘system, in- The Secretary may distribute not more than airports under the airport improvement program cluding connection to the surface transportation $20,000,000 from the discretionary fund estab- in airport apportionments, State apportion- network; and’’; lished under section 47115 for terminal developments, and discretionary grants during such fis- (C) in paragraph (2) by striking ‘‘; and’’ and ment projects at a nonhub airport or a small cal years with capital needs as reported in the inserting a period; and hub airport that is eligible to receive discre- plan. (D) by striking paragraph (3); tionary funds under section 47108(e)(3).’’. (4) The effect of transfers of airport appor- (2) in subsection (b)— (c) ANNUAL REPORT.—Section 47131(a) is tionments under title 49, United States Code. (A) in paragraph (1) by striking the semicolon amended— (5) An analysis on the feasibility and advis- and inserting ‘‘; and’’; (1) by striking ‘‘April 1’’ and inserting ‘‘June ability of apportioning amounts under section (B) by striking paragraph (2) and redesig- 1’’; and 47114(c)(1) of title 49, United States Code, to the nating paragraph (3) as paragraph (2); and (2) by striking paragraphs (1), (2), (3), and (4) sponsor of each primary airport for each fiscal (C) in paragraph (2) (as so redesignated) by and inserting the following: year an amount that bears the same ratio to the striking ‘‘, Short Takeoff and Landing/Very ‘‘(1) a summary of airport development and amount subject to the apportionment for fiscal Short Takeoff and Landing aircraft oper- planning completed; year 2009 as the number of passenger boardings ations,’’; and ‘‘(2) a summary of individual grants issued; at the airport during the prior calendar year (3) in subsection (d) by striking ‘‘status of ‘‘(3) an accounting of discretionary and ap- bears to the aggregate of all passenger the’’. portioned funds allocated; boardings at all primary airports during that ‘‘(4) the allocation of appropriations; and’’. (b) CONSOLIDATION OF TERMINAL DEVELOP- calendar year. (d) CORRECTION TO EMISSION CREDITS PROVI- MENT PROVISIONS.—Section 47119 is amended— (6) A documentation and review of the meth- SION.—Section 47139 is amended— (1) by redesignating subsections (a), (b), (c), ods used by airports to reach the 10,000 pas- (1) in subsection (a) by striking and (d) as subsections (b), (c), (d), and (e), re- senger enplanement threshold, including wheth- spectively; ‘‘47102(3)(F),’’; and (2) in subsection (b)— er such airports subsidize commercial flights to (2) by inserting before subsection (b) (as so re- (A) by striking ‘‘47102(3)(F),’’; and reach such threshold, at every airport in the designated) the following: (B) by striking ‘‘47103(3)(F),’’. United States that reported between 10,000 and ‘‘(a) TERMINAL DEVELOPMENT PROJECTS.— (e) CONFORMING AMENDMENTS.— 15,000 passenger enplanements during each of ‘‘(1) IN GENERAL.—The Secretary of Transpor- (1) Section 40117(a)(3)(B) is amended by strik- the 2 most recent calendar years for which such tation may approve a project for terminal devel- ing ‘‘section 47110(d)’’ and inserting ‘‘section data is available. opment (including multimodal terminal develop- 47119(a)’’. (7) Any other matters pertaining to the plan ment) in a nonrevenue-producing public-use (2) Section 47108(e)(3) is amended— that the Secretary determines appropriate. area of a commercial service airport— (A) by striking ‘‘section 47110(d)(2)’’ and in- (c) REPORT TO CONGRESS.— ‘‘(A) if the sponsor certifies that the airport, serting ‘‘section 47119(a)’’; and (1) SUBMISSION.—Not later than 36 months on the date the grant application is submitted to (B) by striking ‘‘section 47110(d)’’ and insert- after the date that the Secretary begins the the Secretary, has— ing ‘‘section 47119(a)’’. study under this section, the Secretary shall ‘‘(i) all the safety equipment required for cer- (f) CORRECTION TO SURPLUS PROPERTY AU- submit to the Committee on Transportation and tification of the airport under section 44706; THORITY.—Section 47151(e) is amended by strik- Infrastructure of the House of Representatives ‘‘(ii) all the security equipment required by ing ‘‘(other than real property’’ and all that fol- and the Committee on Commerce, Science, and regulation; and lows through ‘‘(10 U.S.C. 2687 note))’’. Transportation of the Senate a report on the re- ‘‘(iii) provided for access by passengers to the (g) DEFINITIONS.— sults of the study. area of the airport for boarding or exiting air- (1) CONGESTED AIRPORT.—Section 47175(2) is (2) CONTENTS.—The report shall include— craft that are not air carrier aircraft; amended by striking ‘‘2001’’ and inserting ‘‘2004 (A) the findings of the Secretary on each of ‘‘(B) if the cost is directly related to moving or any successor report’’. the issues described in subsection (b); passengers and baggage in air commerce within (2) JOINT USE AIRPORT.—Section 47175 is (B) recommendations for any changes to poli- the airport, including vehicles for moving pas- amended by adding at the end the following: cies and procedures for formulating the plan; sengers between terminal facilities and between ‘‘(7) JOINT USE AIRPORT.—The term ‘joint use and terminal facilities and aircraft; and airport’ means an airport owned by the Depart- (C) recommendations for any changes to the ‘‘(C) under terms necessary to protect the in- ment of Defense, at which both military and ci- methods of determining the amounts to be ap- terests of the Government. vilian aircraft make shared use of the airfield.’’. portioned or otherwise made available to indi- ‘‘(2) PROJECT IN REVENUE-PRODUCING AREAS SEC. 153. EXTENSION OF GRANT AUTHORITY FOR vidual airports. AND NONREVENUE-PRODUCING PARKING LOTS.—In COMPATIBLE LAND USE PLANNING SEC. 156. AIRPORT PRIVATIZATION PROGRAM. making a decision under paragraph (1), the Sec- AND PROJECTS BY STATE AND Section 47134(b) is amended in the matter pre- retary may approve as allowable costs the ex- LOCAL GOVERNMENTS. ceding paragraph (1) by striking ‘‘5 airports’’ penses of terminal development in a revenue- Section 47141(f) is amended to read as follows: and inserting ‘‘10 airports’’. producing area and construction, reconstruc- ‘‘(f) SUNSET.—This section shall not be in ef- tion, repair, and improvement in a nonrevenue- fect after September 30, 2015.’’. TITLE II—NEXTGEN AIR TRANSPOR- TATION SYSTEM AND AIR TRAFFIC CON- producing parking lot if— SEC. 154. PRIORITY REVIEW OF CONSTRUCTION ‘‘(A) except as provided in section 47108(e)(3), PROJECTS IN COLD WEATHER TROL MODERNIZATION the airport does not have more than .05 percent STATES. SEC. 201. DEFINITIONS. of the total annual passenger boardings in the The Administrator of the Federal Aviation In this title, the following definitions apply: United States; and Administration, to the extent practicable, shall (1) NEXTGEN.—The term ‘‘NextGen’’ means the ‘‘(B) the sponsor certifies that any needed air- schedule the Administrator’s review of construc- Next Generation Air Transportation System. port development project affecting safety, secution projects so that projects to be carried out in (2) ADS–B.—The term ‘‘ADS–B’’ means auto- rity, or capacity will not be deferred because of States in which the weather during a typical matic dependent surveillance-broadcast. the Secretary’s approval.’’; calendar year prevents major construction (3) ADS–B OUT.—The term ‘‘ADS–B Out’’ (3) in subsection (b)(4)(B) (as redesignated by projects from being carried out before May 1 are means automatic dependent surveillance-broad- paragraph (1) of this subsection) by striking reviewed as early as possible. cast with the ability to transmit information

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from the aircraft to ground stations and to other Officer occurring before the expiration of the ‘‘(6) EXCEPTION.—If the Administrator ap- equipped aircraft. term for which the individual’s predecessor was points as the Chief NextGen Officer, pursuant to (4) ADS–B IN.—The term ‘‘ADS–B In’’ means appointed shall be appointed for the remainder paragraph (1)(A), an Executive Schedule em- automatic dependent surveillance-broadcast of that term. ployee covered by section 5315 of title 5, then with the ability to transmit information from the ‘‘(2) COMPENSATION.— paragraphs (1)(B), (1)(C), (2), and (3) of this aircraft to ground stations and to other ‘‘(A) IN GENERAL.—The Chief NextGen Officer subsection shall not apply to such employee. equipped aircraft as well as the ability of the shall be paid at an annual rate of basic pay to ‘‘(7) NEXTGEN DEFINED.—For purposes of this aircraft to receive information from other trans- be determined by the Administrator. The annual subsection, the term ‘NextGen’ means the Next mitting aircraft and the ground infrastructure. rate may not exceed the annual compensation Generation Air Transportation System.’’. (5) RNAV.—The term ‘‘RNAV’’ means area paid under section 102 of title 3. The Chief SEC. 205. DEFINITION OF AIR NAVIGATION FACIL- navigation. NextGen Officer shall be subject to the ITY. (6) RNP.—The term ‘‘RNP’’ means required postemployment provisions of section 207 of title Section 40102(a)(4) is amended— navigation performance. 18 as if the position of Chief NextGen Officer (1) by redesignating subparagraph (D) as sub- SEC. 202. NEXTGEN DEMONSTRATIONS AND CON- were described in section 207(c)(2)(A)(i) of that paragraph (E); CEPTS. title. (2) by striking subparagraphs (B) and (C); In allocating amounts appropriated pursuant ‘‘(B) BONUS.—In addition to the annual rate and to section 48101(a) of title 49, United States of basic pay authorized by subparagraph (A), (3) by inserting after subparagraph (A) the Code, the Secretary of Transportation shall give the Chief NextGen Officer may receive a bonus following: ‘‘(B) runway lighting and airport surface vis- priority to the following NextGen activities: for any calendar year not to exceed 30 percent ual and other navigation aids; (1) Next Generation Transportation System— of the annual rate of basic pay, based upon the ‘‘(C) apparatus, equipment, software, or serv- Demonstrations and Infrastructure Develop- Administrator’s evaluation of the Chief NextGen ice for distributing aeronautical and meteorolog- ment. Officer’s performance in relation to the perform- ical information to air traffic control facilities or (2) Next Generation Transportation System— ance goals set forth in the performance agree- aircraft; ment described in paragraph (3). Trajectory Based Operations. ‘‘(D) communication, navigation, or surveil- ‘‘(3) ANNUAL PERFORMANCE AGREEMENT.—The (3) Next Generation Transportation System— lance equipment for air-to-ground or air-to-air Administrator and the Chief NextGen Officer, in Reduce Weather Impact. applications;’’; (4) Next Generation Transportation System— consultation with the Federal Aviation Manage- (4) in subparagraph (E) (as redesignated by Arrivals/Departures at High Density Airports. ment Advisory Council, shall enter into an an- paragraph (1) of this section)— (5) Next Generation Transportation System— nual performance agreement that sets forth (A) by striking ‘‘another structure’’ and in- Collaborative ATM. measurable organization and individual goals serting ‘‘any structure, equipment,’’; and (6) Next Generation Transportation System— for the Chief NextGen Officer in key operational (B) by striking the period at the end and in- Flexible Terminals and Airports. areas. The agreement shall be subject to review serting ‘‘; and’’; and (7) Next Generation Transportation System— and renegotiation on an annual basis. (5) by adding at the end the following: Safety, Security, and Environment. ‘‘(4) ANNUAL PERFORMANCE REPORT.—The ‘‘(F) buildings, equipment, and systems dedi- (8) Next Generation Transportation System— Chief NextGen Officer shall prepare and trans- cated to the national airspace system.’’. Systems Network Facilities. mit to the Secretary of Transportation, the Com- SEC. 206. CLARIFICATION TO ACQUISITION RE- (9) Center for Advanced Aviation System De- mittee on Transportation and Infrastructure of FORM AUTHORITY. velopment. the House of Representatives, the Committee on Section 40110(c) is amended— (10) Next Generation Transportation System— Science, Space, and Technology of the House of (1) by inserting ‘‘and’’ after the semicolon in System Development. Representatives, and the Committee on Com- paragraph (3); (11) Data Communications in support of Next merce, Science, and Transportation of the Sen- (2) by striking paragraph (4); and Generation Air Transportation System. ate an annual management report containing (3) by redesignating paragraph (5) as para- (12) ADS–B NAS-Wide Implementation. such information as may be prescribed by the graph (4). (13) System-Wide Information Management. Secretary. SEC. 207. ASSISTANCE TO FOREIGN AVIATION AU- (14) Next Generation Transportation System— ‘‘(5) RESPONSIBILITIES.—The responsibilities of THORITIES. Facility Consolidation and Realignment. the Chief NextGen Officer include the following: Section 40113(e) is amended— (15) En Route Modernization—D-Position Up- ‘‘(A) Implementing NextGen activities and (1) in paragraph (1)— grade and System Enhancements. budgets across all program offices of the Federal (A) by inserting ‘‘(whether public or private)’’ (16) National Airspace System Voice System. Aviation Administration. after ‘‘authorities’’; and (17) Next Generation Network Enabled Weath- ‘‘(B) Coordinating the implementation of (B) by striking ‘‘safety.’’ and inserting ‘‘safe- er. NextGen activities with the Office of Manage- ty or efficiency. The Administrator is authorized (18) NextGen Performance Based Navigation ment and Budget. to participate in, and submit offers in response Metroplex Area Navigation/Required Navigation ‘‘(C) Reviewing and providing advice on the to, competitions to provide these services, and to Performance. Administration’s modernization programs, budg- contract with foreign aviation authorities to SEC. 203. CLARIFICATION OF AUTHORITY TO et, and cost accounting system with respect to provide these services consistent with section ENTER INTO REIMBURSABLE AGREE- NextGen. 106(l)(6).’’; (2) in paragraph (2) by adding at the end the MENTS. ‘‘(D) With respect to the budget of the Admin- following: ‘‘The Administrator is authorized, Section 106(m) is amended in the last sentence istration— notwithstanding any other provision of law or by inserting ‘‘with or’’ before ‘‘without reim- ‘‘(i) developing a budget request of the Admin- policy, to accept payments for services provided bursement’’. istration related to the implementation of under this subsection in arrears.’’; and SEC. 204. CHIEF NEXTGEN OFFICER. NextGen; (3) by striking paragraph (3) and inserting the Section 106 is amended by adding at the end ‘‘(ii) submitting such budget request to the following: the following: Administrator; and ‘‘(3) CREDITING APPROPRIATIONS.—Funds re- ‘‘(s) CHIEF NEXTGEN OFFICER.— ‘‘(iii) ensuring that the budget request sup- ceived by the Administrator pursuant to this ‘‘(1) IN GENERAL.— ports the annual and long-range strategic plans section shall— ‘‘(A) APPOINTMENT.—There shall be a Chief of the Administration with respect to NextGen. ‘‘(A) be credited to the appropriation current NextGen Officer appointed by the Adminis- ‘‘(E) Consulting with the Administrator on the when the amount is received; trator, with the approval of the Secretary. The Capital Investment Plan of the Administration ‘‘(B) be merged with and available for the Chief NextGen Officer shall report directly to prior to its submission to Congress. purposes of such appropriation; and the Administrator and shall be subject to the ‘‘(F) Developing an annual NextGen imple- ‘‘(C) remain available until expended.’’. authority of the Administrator. mentation plan. SEC. 208. NEXT GENERATION AIR TRANSPOR- ‘‘(B) QUALIFICATIONS.—The Chief NextGen ‘‘(G) Ensuring that NextGen implementation TATION SYSTEM JOINT PLANNING Officer shall have a demonstrated ability in activities are planned in such a manner as to re- AND DEVELOPMENT OFFICE. management and knowledge of or experience in quire that system architecture is designed to (a) REDESIGNATION OF JPDO DIRECTOR TO AS- aviation and systems engineering. allow for the incorporation of novel and cur- SOCIATE ADMINISTRATOR.— ‘‘(C) TERM.—The Chief NextGen Officer shall rently unknown technologies into NextGen in (1) ASSOCIATE ADMINISTRATOR FOR NEXT GEN- be appointed for a term of 5 years. the future and that current decisions do not ERATION AIR TRANSPORTATION SYSTEM PLANNING, ‘‘(D) REMOVAL.—The Chief NextGen Officer bias future decisions unfairly in favor of exist- DEVELOPMENT, AND INTERAGENCY COORDINA- shall serve at the pleasure of the Administrator, ing technology at the expense of innovation. TION.—Section 709(a) of the Vision 100—Century except that the Administrator shall make every ‘‘(H) Coordinating with the NextGen Joint of Aviation Reauthorization Act (49 U.S.C. 40101 effort to ensure stability and continuity in the Planning and Development Office with respect note; 117 Stat. 2582) is amended— leadership of the implementation of NextGen. to facilitating cooperation among all Federal (A) by redesignating paragraphs (2), (3), and ‘‘(E) VACANCY.—Any individual appointed to agencies whose operations and interests are af- (4) as paragraphs (3), (4), and (5), respectively; fill a vacancy in the position of Chief NextGen fected by the implementation of NextGen. and

VerDate Sep 11 2014 12:49 Feb 24, 2017 Jkt 019102 PO 00000 Frm 00016 Fmt 0688 Sfmt 6333 E:\BR12\H01FE2.000 H01FE2 rmajette on DSK2TPTVN1PROD with BOUND RECORD February 1, 2012 CONGRESSIONAL RECORD—HOUSE, Vol. 158, Pt. 1 619 (B) by inserting after paragraph (1) the fol- Transportation System are clearly commu- in the concept of operations and enterprise ar- lowing: nicated to the senior official of the agency des- chitecture documents, that identifies each Fed- ‘‘(2) The head of the Office shall be the Asso- ignated under subparagraph (B); eral agency or other entity responsible for each ciate Administrator for Next Generation Air ‘‘(ii) ensure that the performance of the senior activity in the outline; Transportation System Planning, Development, official in carrying out the responsibilities of the ‘‘(B) details on a year-by-year basis of specific and Interagency Coordination, who shall be ap- agency relating to the Next Generation Air accomplishments, activities, research require- pointed by the Administrator of the Federal Transportation System is reflected in the offi- ments, rulemakings, policy decisions, and other Aviation Administration, with the approval of cial’s annual performance evaluations and com- milestones of progress for each Federal agency the Secretary. The Administrator shall appoint pensation; or entity conducting activities relating to the the Associate Administrator after consulting ‘‘(iii) establish or designate an office within Next Generation Air Transportation System; with the Chairman of the Next Generation Sen- the agency to carry out its responsibilities under ‘‘(C) for each element of the Next Generation ior Policy Committee and providing advanced the memorandum of understanding under the Air Transportation System, an outline, on a notice to the other members of that Committee.’’. supervision of the designated official; and year-by-year basis, of what is to be accom- (2) RESPONSIBILITIES.—Section 709(a)(3) of ‘‘(iv) ensure that the designated official has plished in that year toward meeting the Next such Act (as redesignated by paragraph (1) of sufficient budgetary authority and staff re- Generation Air Transportation System’s end- this subsection) is amended— sources to carry out the agency’s Next Genera- state architecture, as expressed in the concept of (A) in subparagraph (G) by striking ‘‘; and’’ tion Air Transportation System responsibilities operations and enterprise architecture docu- and inserting a semicolon; as set forth in the integrated plan under sub- ments, as well as identifying each Federal agen- (B) in subparagraph (H) by striking the period section (b). cy or other entity that will be responsible for at the end and inserting a semicolon; and ‘‘(D) Not later than 6 months after the date of each component of any research, development, (C) by adding at the end the following: enactment of this subparagraph, the head of or implementation program; ‘‘(I) establishing specific quantitative goals each Federal agency that has responsibility for ‘‘(D) an estimate of all necessary expenditures for the safety, capacity, efficiency, performance, carrying out any activity under the integrated on a year-by-year basis, including a statement and environmental impacts of each phase of plan under subsection (b) shall execute a memo- of each Federal agency or entity’s responsibility Next Generation Air Transportation System randum of understanding with the Office obli- for costs and available resources, for each stage planning and development activities and meas- gating that agency to carry out the activity.’’. of development from the basic research stage uring actual operational experience against (4) COORDINATION WITH OMB.—Section 709(a) through the demonstration and implementation those goals, taking into account noise pollution of such Act (117 Stat. 2582) is further amended phase; reduction concerns of affected communities to by adding at the end the following: ‘‘(E) a clear explanation of how each step in the extent practicable in establishing the envi- ‘‘(6)(A) The Office shall work with the Direc- the development of the Next Generation Air ronmental goals; tor of the Office of Management and Budget to Transportation System will lead to the following ‘‘(J) working to ensure global interoperability develop a process whereby the Director will step and of the implications of not successfully of the Next Generation Air Transportation Sys- identify projects related to the Next Generation completing a step in the time period described in tem; Air Transportation System across the agencies the integrated work plan; ‘‘(K) working to ensure the use of weather in- referred to in paragraph (4)(A) and consider the ‘‘(F) a transition plan for the implementation formation and space weather information in the Next Generation Air Transportation System as a of the Next Generation Air Transportation Sys- Next Generation Air Transportation System as unified, cross-agency program. tem that includes date-specific milestones for the soon as possible; ‘‘(B) The Director of the Office of Manage- implementation of new capabilities into the na- ‘‘(L) overseeing, with the Administrator and ment and Budget, to the extent practicable, tional airspace system; in consultation with the Chief NextGen Officer, shall— ‘‘(G) date-specific timetables for meeting the the selection of products or outcomes of research ‘‘(i) ensure that— environmental goals identified in subsection and development activities that should be moved ‘‘(I) each Federal agency covered by the plan (a)(3)(I); and to a demonstration phase; and has sufficient funds requested in the President’s ‘‘(H) a description of potentially significant ‘‘(M) maintaining a baseline modeling and budget, as submitted under section 1105(a) of operational or workforce changes resulting from simulation environment for testing and evalu- title 31, United States Code, for each fiscal year deployment of the Next Generation Air Trans- ating alternative concepts to satisfy Next Gen- covered by the plan to carry out its responsibil- portation System.’’. eration Air Transportation System enterprise ar- ities under the plan; and (c) NEXTGEN IMPLEMENTATION PLAN.—Section chitecture requirements.’’. ‘‘(II) the development and implementation of 709(d) of such Act (117 Stat. 2584) is amended to (3) COOPERATION WITH OTHER FEDERAL AGEN- the Next Generation Air Transportation System read as follows: CIES.—Section 709(a)(4) of such Act (as redesig- remains on schedule; ‘‘(d) NEXTGEN IMPLEMENTATION PLAN.—The nated by paragraph (1) of this subsection) is ‘‘(ii) include, in the President’s budget, a Administrator shall develop and publish annu- amended— statement of the portion of the estimated budget ally the document known as the NextGen Imple- (A) by striking ‘‘(4)’’ and inserting ‘‘(4)(A)’’; of each Federal agency covered by the plan that mentation Plan, or any successor document, and relates to the activities of the agency under the that provides a detailed description of how the (B) by adding at the end the following: Next Generation Air Transportation System; agency is implementing the Next Generation Air ‘‘(B) The Secretary of Defense, the Adminis- and Transportation System.’’. trator of the National Aeronautics and Space ‘‘(iii) identify and justify as part of the Presi- (d) CONTINGENCY PLANNING.—The Associate Administration, the Secretary of Commerce, the dent’s budget submission any inconsistencies be- Administrator for Next Generation Air Trans- Secretary of Homeland Security, and the head tween the plan and amounts requested in the portation System Planning, Development, and of any other Federal agency from which the budget. Interagency Coordination shall, as part of the Secretary of Transportation requests assistance ‘‘(7) The Associate Administrator for Next design of the System, develop contingency plans under subparagraph (A) shall designate a senior Generation Air Transportation System Plan- for dealing with the degradation of the System official in the agency to be responsible for— ning, Development, and Interagency Coordina- in the event of a natural disaster, major equip- ‘‘(i) carrying out the activities of the agency tion shall be a voting member of the Joint Re- ment failure, or act of terrorism. relating to the Next Generation Air Transpor- sources Council of the Federal Aviation Admin- SEC. 209. NEXT GENERATION AIR TRANSPOR- tation System in coordination with the Office, istration.’’. TATION SENIOR POLICY COMMITTEE. including the execution of all aspects of the (b) INTEGRATED PLAN.—Section 709(b) of such (a) MEETINGS.—Section 710(a) of the Vision work of the agency in developing and imple- Act (117 Stat. 2583) is amended— 100—Century of Aviation Reauthorization Act menting the integrated work plan described in (1) in the matter preceding paragraph (1)— (49 U.S.C. 40101 note; 117 Stat. 2584) is amended subsection (b)(5); (A) by striking ‘‘meets air’’ and inserting by inserting before the period at the end the fol- ‘‘(ii) serving as a liaison for the agency in ac- ‘‘meets anticipated future air’’; and lowing ‘‘and shall meet at least twice each tivities of the agency relating to the Next Gen- (B) by striking ‘‘beyond those currently in- year’’. eration Air Transportation System and coordi- cluded in the Federal Aviation Administration’s (b) ANNUAL REPORT.—Section 710 of such Act nating with other Federal agencies involved in operational evolution plan’’; (117 Stat. 2584) is amended by adding at the end activities relating to the System; and (2) at the end of paragraph (3) by striking the following: ‘‘(iii) ensuring that the agency meets its obli- ‘‘and’’; ‘‘(e) ANNUAL REPORT.— gations as set forth in any memorandum of un- (3) at the end of paragraph (4) by striking the ‘‘(1) SUBMISSION TO CONGRESS.—Not later than derstanding executed by or on behalf of the period and inserting ‘‘; and’’; and 1 year after the date of enactment of this sub- agency relating to the Next Generation Air (4) by adding at the end the following: section, and annually thereafter on the date of Transportation System. ‘‘(5) a multiagency integrated work plan for submission of the President’s budget request to ‘‘(C) The head of a Federal agency referred to the Next Generation Air Transportation System Congress under section 1105(a) of title 31, United in subparagraph (B) shall— that includes— States Code, the Secretary shall submit to Con- ‘‘(i) ensure that the responsibilities of the ‘‘(A) an outline of the activities required to gress a report summarizing the progress made in agency relating to the Next Generation Air achieve the end-state architecture, as expressed carrying out the integrated work plan required

VerDate Sep 11 2014 12:49 Feb 24, 2017 Jkt 019102 PO 00000 Frm 00017 Fmt 0688 Sfmt 6333 E:\BR12\H01FE2.000 H01FE2 rmajette on DSK2TPTVN1PROD with BOUND RECORD 620 CONGRESSIONAL RECORD—HOUSE, Vol. 158, Pt. 1 February 1, 2012 by section 709(b)(5) and any changes in that (H) any other matters or aspects relating to programs to the future system envisioned by the plan. contract implementation and oversight that the Joint Planning and Development Office of the ‘‘(2) CONTENTS.—The report shall include— Inspector General determines merit attention. Administration; ‘‘(A) a copy of the updated integrated work (3) REPORTS TO CONGRESS.—The Inspector (2) assess technical, cost, and schedule risk for plan; General shall submit, periodically (and on at the software development that will be necessary ‘‘(B) a description of the progress made in car- least an annual basis), to the Committee on to achieve the expected benefits from a highly rying out the integrated work plan and any Transportation and Infrastructure of the House automated air traffic management system and changes in that plan, including any changes of Representatives and the Committee on Com- the implications for ongoing modernization based on funding shortfalls and limitations set merce, Science, and Transportation of the Sen- projects; and by the Office of Management and Budget; ate a report on the results of the review con- (3) determine how risks with automation ef- ‘‘(C) a detailed description of— ducted under this subsection. forts for the NextGen can be mitigated based on ‘‘(i) the success or failure of each item of the (b) RULEMAKING.— the experiences of other public or private enti- integrated work plan for the previous year and (1) ADS–B IN.—Not later than 1 year after the ties in developing complex, software-intensive relevant information as to why any milestone date of enactment of this Act, the Administrator systems. was not met; and of the Federal Aviation Administration shall (c) REPORT.—Not later than 1 year after the ‘‘(ii) the impact of not meeting the milestone initiate a rulemaking proceeding to issue guide- date of enactment of this Act, the Administrator and what actions will be taken in the future to lines and regulations relating to ADS–B In tech- shall submit to the Committee on Transportation and Infrastructure of the House of Representa- account for the failure to complete the mile- nology that— tives and the Committee on Commerce, Science, stone; (A) identify the ADS–B In technology that and Transportation of the Senate a report con- ‘‘(D) an explanation of any change to future will be required under NextGen; taining the results of the review conducted pur- years in the integrated work plan and the rea- (B) subject to paragraph (2), require all air- suant to subsection (a). sons for such change; and craft operating in capacity constrained air- ‘‘(E) an identification of the levels of funding space, at capacity constrained airports, or in SEC. 213. ACCELERATION OF NEXTGEN TECH- NOLOGIES. for each agency participating in the integrated any other airspace deemed appropriate by the (a) OPERATIONAL EVOLUTION PARTNERSHIP work plan devoted to programs and activities Administrator to be equipped with ADS–B In (OEP) AIRPORT PROCEDURES.— under the plan for the previous fiscal year and technology by 2020; and (1) OEP AIRPORTS REPORT.—Not later than 6 in the President’s budget request.’’. (C) identify— months after the date of enactment of this Act, SEC. 210. IMPROVED MANAGEMENT OF PROPERTY (i) the type of avionics required of aircraft for the Administrator of the Federal Aviation Ad- INVENTORY. all classes of airspace; ministration shall publish a report, after con- Section 40110(a) is amended by striking para- (ii) the expected costs associated with the avi- sultation with representatives of appropriate graphs (2) and (3) and inserting the following: onics; and Administration employee groups, airport opera- ‘‘(2) may construct and improve laboratories (iii) the expected uses and benefits of the avi- tors, air carriers, general aviation representa- and other test facilities; and onics. tives, aircraft and avionics manufacturers, and ‘‘(3) may dispose of any interest in property (2) READINESS VERIFICATION.—Before the Ad- third parties that have received letters of quali- for adequate compensation, and the amount so ministrator completes an ADS–B In equipage fication from the Administration to design and received shall— rulemaking proceeding or issues an interim or validate required navigation performance flight ‘‘(A) be credited to the appropriation current final rule pursuant to paragraph (1), the Chief paths for public use (in this section referred to when the amount is received; NextGen Officer shall verify that— as ‘‘qualified third parties’’) that includes the ‘‘(B) be merged with and available for the (A) the necessary ground infrastructure is in- following: purposes of such appropriation; and stalled and functioning properly; (A) RNP/RNAV OPERATIONS FOR OEP AIR- ‘‘(C) remain available until expended.’’. (B) certification standards have been ap- PORTS.—The required navigation performance SEC. 211. AUTOMATIC DEPENDENT SURVEIL- proved; and and area navigation operations, including the LANCE-BROADCAST SERVICES. (C) appropriate operational platforms inter- procedures to be developed, certified, and pub- (a) REVIEW BY DOT INSPECTOR GENERAL.— face safely and efficiently. lished and the air traffic control operational (1) IN GENERAL.—The Inspector General of the (c) USE OF ADS–B TECHNOLOGY.— changes, to maximize the fuel efficiency and air- Department of Transportation shall conduct a (1) PLANS.—Not later than 18 months after the space capacity of NextGen commercial oper- review concerning the Federal Aviation Admin- date of enactment of this Act, the Administrator ations at each of the 35 operational evolution istration’s award and oversight of any contracts shall develop, in consultation with appropriate partnership airports identified by the Adminis- entered into by the Administration to provide employee and industry groups, a plan for the tration and any medium or small hub airport lo- ADS–B services for the national airspace sys- use of ADS–B technology for surveillance and cated within the same metroplex area considered tem. active air traffic control. appropriate by the Administrator. The Adminis- (2) CONTENTS.—The review shall include, at a (2) CONTENTS.—The plan shall— trator shall, to the maximum extent practicable, minimum— (A) include provisions to test the use of ADS– avoid overlays of existing flight procedures, but (A) an examination of how the Administration B technology for surveillance and active air if unavoidable, the Administrator shall clearly manages program risks; traffic control in specific regions of the United identify each required navigation performance (B) an assessment of expected benefits attrib- States with the most congested airspace; and area navigation procedure that is an over- utable to the deployment of ADS–B services, in- (B) identify the equipment required at air lay of an existing instrument flight procedure cluding the Administration’s plans for imple- traffic control facilities and the training re- and the reason why such an overlay was used. mentation of advanced operational procedures quired for air traffic controllers; (B) COORDINATION AND IMPLEMENTATION AC- and air-to-air applications, as well as the extent (C) identify procedures, to be developed in TIVITIES FOR OEP AIRPORTS.—A description of to which ground radar will be retained; consultation with appropriate employee and in- the activities and operational changes and ap- (C) an assessment of the Administration’s dustry groups, to conduct air traffic manage- provals required to coordinate and utilize the analysis of specific operational benefits, and ment in mixed equipage environments; and procedures at OEP airports. benefit/costs analyses of planned operational (D) establish a policy in test regions referred (C) IMPLEMENTATION PLAN FOR OEP AIR- benefits conducted by the Administration, for to in subparagraph (A), in consultation with PORTS.—A plan for implementing the procedures ADS–B In and ADS–B Out avionics equipage for appropriate employee and industry groups, to for OEP airports under subparagraph (A) that airspace users; provide incentives for equipage with ADS–B establishes— (i) clearly defined budget, schedule, project (D) a determination of whether the Adminis- technology, including giving priority to aircraft equipped with such technology before the 2020 organization, and leadership requirements; tration has established sufficient mechanisms to (ii) specific implementation and transition equipage deadline. ensure that all design, acquisition, operation, steps; and maintenance requirements have been met by SEC. 212. EXPERT REVIEW OF ENTERPRISE AR- (iii) baseline and performance metrics for— the contractor; CHITECTURE FOR NEXTGEN. (I) measuring the Administration’s progress in (E) an assessment of whether the Administra- (a) REVIEW.—The Administrator of the Fed- implementing the plan, including the percentage tion and any contractors are meeting cost, eral Aviation Administration shall enter into an utilization of required navigation performance schedule, and performance milestones, as meas- arrangement with the National Research Coun- in the national airspace system; and ured against the original baseline of the Admin- cil to review the enterprise architecture for the (II) achieving measurable fuel burn and car- istration’s program for providing ADS–B serv- NextGen. bon dioxide emissions reductions compared to ices; (b) CONTENTS.—At a minimum, the review to current performance; (F) an assessment of how security issues are be conducted under subsection (a) shall— (iv) expedited environmental review proce- being addressed in the overall design and imple- (1) highlight the technical activities, including dures and processes for timely environmental mentation of the ADS–B system; human-system design, organizational design, approval of area navigation and required navi- (G) identification of any potential operational and other safety and human factor aspects of gation performance that offer significant effi- or workforce changes resulting from deployment the system, that will be necessary to successfully ciency improvements as determined by baseline of ADS–B; and transition current and planned modernization and performance metrics under clause (iii);

VerDate Sep 11 2014 12:49 Feb 24, 2017 Jkt 019102 PO 00000 Frm 00018 Fmt 0688 Sfmt 6333 E:\BR12\H01FE2.000 H01FE2 rmajette on DSK2TPTVN1PROD with BOUND RECORD February 1, 2012 CONGRESSIONAL RECORD—HOUSE, Vol. 158, Pt. 1 621 (v) coordination and communication mecha- (iv) plans to address human factors, training, (2) specific implementation and transition nisms with qualified third parties, if applicable; and other issues for air traffic controllers sur- steps; and (vi) plans to address human factors, training, rounding the adoption of RNP procedures in the (3) baseline and performance metrics for meas- and other issues for air traffic controllers sur- en route and terminal environments, including uring the Administration’s progress in imple- rounding the adoption of RNP procedures in the in a mixed operational environment; menting the plan. en route and terminal environments, including (v) baseline and performance metrics for— (e) IMPROVED PERFORMANCE STANDARDS.— in a mixed operational environment; and (I) measuring the Administration’s progress in (1) ASSESSMENT OF WORK BEING PERFORMED (vii) a lifecycle management strategy for RNP implementing the plan, including the percentage UNDER NEXTGEN IMPLEMENTATION PLAN.—The procedures to be developed by qualified third utilization of required navigation performance Administrator shall clearly outline in the parties, if applicable. in the national airspace system; and NextGen Implementation Plan document of the (D) ADDITIONAL PROCEDURES FOR OEP AIR- (II) achieving measurable fuel burn and car- Administration the work being performed under PORTS.—A process for the identification, certifi- bon dioxide emissions reduction compared to the plan to determine— cation, and publication of additional required current performance; (A) whether utilization of ADS–B, RNP, and navigation performance and area navigation (vi) expedited environmental review proce- other technologies as part of NextGen implemen- procedures that may provide operational bene- dures and processes for timely environmental tation will display the position of aircraft more fits at OEP airports, and any medium or small approval of area navigation and required navi- accurately and frequently to enable a more effi- hub airport located within the same metroplex gation performance that offer significant efficient use of existing airspace and result in re- area as the OEP airport, in the future. ciency improvements as determined by baseline duced consumption of aviation fuel and aircraft engine emissions; and (2) IMPLEMENTATION SCHEDULE FOR OEP AIR- and performance metrics established under (B) the feasibility of reducing aircraft separa- PORTS.—The Administrator shall certify, pub- clause (v); tion standards in a safe manner as a result of lish, and implement— (vii) a description of the software and data- the implementation of such technologies. (A) not later than 18 months after the date of base information, such as a current version of (2) AIRCRAFT SEPARATION STANDARDS.—If the enactment of this Act, 30 percent of the required the Noise Integrated Routing System or the Inte- Administrator determines that the standards re- procedures at OEP airports; grated Noise Model that the Administration will ferred to in paragraph (1)(B) can be reduced (B) not later than 36 months after the date of need to make available to qualified third parties safely, the Administrator shall include in the enactment of this Act, 60 percent of the required to enable those third parties to design proce- NextGen Implementation Plan a timetable for procedures at OEP airports; and dures that will meet the broad range of require- implementation of such reduced standards. (C) before June 30, 2015, 100 percent of the re- ments of the Administration; and (f) THIRD-PARTY USAGE.—The Administration quired procedures at OEP airports. (viii) lifecycle management strategy for RNP shall establish a program under which the Ad- (b) NON-OEP AIRPORTS.— procedures to be developed by qualified third ministrator is authorized to use qualified third (1) NON-OEP AIRPORTS REPORT.—Not later parties, if applicable. parties in the development, testing, and mainte- than 6 months after the date of enactment of (D) ADDITIONAL PROCEDURES FOR NON-OEP nance of flight procedures. this Act, the Administrator of the Federal Avia- AIRPORTS.—A process for the identification, cer- SEC. 214. PERFORMANCE METRICS. tion Administration shall publish a report, after tification, and publication of additional re- (a) IN GENERAL.—Not later than 180 days consultation with representatives of appropriate quired navigation performance procedures that after the date of enactment of this Act, the Ad- Administration employee groups, airport opera- may provide operational benefits at non-OEP ministrator of the Federal Aviation Administra- tors, air carriers, general aviation representa- airports in the future. tion shall establish and begin tracking national tives, aircraft and avionics manufacturers, and (2) IMPLEMENTATION SCHEDULE FOR NON-OEP airspace system performance metrics, including, third parties that have received letters of quali- AIRPORTS.—The Administrator shall certify, at a minimum, metrics with respect to— fication from the Administration to design and publish, and implement— (1) actual arrival and departure rates per validate required navigation performance flight (A) not later than 18 months after the date of hour measured against the currently published paths for public use (in this section referred to enactment of this Act, 25 percent of the required aircraft arrival rate and aircraft departure rate as ‘‘qualified third parties’’) that includes the procedures for non-OEP airports; for the 35 operational evolution partnership air- following: (B) not later than 36 months after the date of ports; (A) RNP OPERATIONS FOR NON-OEP AIRPORTS.— enactment of this Act, 50 percent of the required (2) average gate-to-gate times; A list of required navigation performance proce- procedures for non-OEP airports; and (3) fuel burned between key city pairs; dures (as defined in FAA order 8260.52(d)) to be (C) before June 30, 2016, 100 percent of the re- (4) operations using the advanced navigation developed, certified, and published, and the air quired procedures for non-OEP airports. procedures, including performance based navi- traffic control operational changes, to maximize (c) COORDINATED AND EXPEDITED REVIEW.— gation procedures; the fuel efficiency and airspace capacity of (1) IN GENERAL.—Navigation performance and (5) the average distance flown between key NextGen commercial operations at 35 non-OEP area navigation procedures developed, certified, city pairs; small, medium, and large hub airports other published, or implemented under this section (6) the time between pushing back from the than those referred to in subsection (a)(1). The shall be presumed to be covered by a categorical gate and taking off; Administrator shall choose such non-OEP air- exclusion (as defined in section 1508.4 of title 40, (7) continuous climb or descent; ports considered appropriate by the Adminis- Code of Federal Regulations) under chapter 3 of (8) average gate arrival delay for all arrivals; (9) flown versus filed flight times for key city trator to produce maximum operational benefits, FAA Order 1050.1E unless the Administrator de- pairs; including improved fuel efficiency and emissions termines that extraordinary circumstances exist (10) implementation of NextGen Implementa- reductions that do not have public RNP proce- with respect to the procedure. tion Plan, or any successor document, capabili- dures that produce such benefits on the date of (2) NEXTGEN PROCEDURES.—Any navigation ties designed to reduce emissions and fuel con- enactment of this Act. The Administrator shall, performance or other performance based naviga- sumption; to the maximum extent practicable, avoid over- tion procedure developed, certified, published, (11) the Administration’s unit cost of pro- lays of existing flight procedures, but if un- or implemented that, in the determination of the viding air traffic control services; and avoidable, the Administrator shall clearly iden- Administrator, would result in measurable re- (12) runway safety, including runway incur- tify each required navigation performance pro- ductions in fuel consumption, carbon dioxide sions, operational errors, and loss of standard cedure that is an overlay of an existing instru- emissions, and noise, on a per flight basis, as separation events. ment flight procedure and the reason why such compared to aircraft operations that follow ex- (b) BASELINES.—The Administrator, in con- an overlay was used. isting instrument flight rules procedures in the sultation with aviation industry stakeholders, (B) COORDINATION AND IMPLEMENTATION AC- same airspace, shall be presumed to have no sig- shall identify baselines for each of the metrics TIVITIES FOR NON-OEP AIRPORTS.—A description nificant affect on the quality of the human en- established under subsection (a) and appro- of the activities and operational changes and vironment and the Administrator shall issue and priate methods to measure deviations from the approvals required to coordinate and to utilize file a categorical exclusion for the new proce- baselines. the procedures required by subparagraph (A) at dure. (c) PUBLICATION.—The Administrator shall each of the airports described in such subpara- (d) DEPLOYMENT PLAN FOR NATIONWIDE DATA make data obtained under subsection (a) avail- graph. COMMUNICATIONS SYSTEM.—Not later than 1 able to the public in a searchable, sortable, and (C) IMPLEMENTATION PLAN FOR NON-OEP AIR- year after the date of enactment of this Act, the downloadable format through the Web site of PORTS.—A plan for implementation of the proce- Administrator shall submit to the Committee on the Administration and other appropriate dures required by subparagraph (A) that estab- Commerce, Science, and Transportation of the media. lishes— Senate and the Committee on Transportation (d) REPORT.—Not later than 180 days after the (i) clearly defined budget, schedule, project and Infrastructure of the House of Representa- date of enactment of this Act, the Administrator organization, and leadership requirements; tives a plan for implementation of a nationwide shall submit to the Committee on Commerce, (ii) specific implementation and transition data communications system. The plan shall in- Science, and Transportation of the Senate and steps; clude— the Committee on Transportation and Infra- (iii) coordination and communications mecha- (1) clearly defined budget, schedule, project structure of the House of Representatives a re- nisms with qualified third parties; organization, and leadership requirements; port that contains—

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(1) a description of the metrics that will be (c) NO CHANGE IN EMPLOYEE STATUS.—Par- the research and development of NextGen tech- used to measure the Administration’s progress in ticipation in these processes by an employee nologies. implementing NextGen capabilities and oper- shall not— (b) FUNCTIONS.—The Administrator shall en- ational results; (1) serve as a waiver of any bargaining obliga- sure that the center established under sub- (2) information on any additional metrics de- tions or rights; section (a)— veloped; and (2) entitle the employee to any additional com- (1) leverages resources and partnerships, in- (3) a process for holding the Administration pensation or benefits with the exception of a per cluding appropriate programs of the Administra- accountable for meeting or exceeding the metrics diem, if appropriate; or tion, to enhance the research and development baselines identified in subsection (b). (3) entitle the employee to prevent or unduly of NextGen technologies by academia and indus- SEC. 215. CERTIFICATION STANDARDS AND RE- delay the exercise of management prerogatives. try; and SOURCES. (d) WORKING GROUPS.—Except in extraor- (2) provides educational, technical, and ana- (a) PROCESS FOR CERTIFICATION.—Not later dinary circumstances, the Administrator shall lytical assistance to the Administration and than 180 days after the date of enactment of this not pay overtime related to work group partici- other Federal departments and agencies with re- Act, the Administrator of the Federal Aviation pation. sponsibilities to research and develop NextGen Administration shall develop a plan to accel- (e) REPORT.—Not later than 1 year after the technologies. erate and streamline the process for certification date of enactment of this Act, the Administrator SEC. 221. PUBLIC-PRIVATE PARTNERSHIPS. of NextGen technologies, including— shall report to the Committee on Transportation (a) IN GENERAL.—The Secretary may establish (1) establishment of updated project plans and and Infrastructure of the House of Representa- an avionics equipage incentive program for the timelines; tives and the Committee on Commerce, Science, purpose of equipping general aviation and com- (2) identification of the specific activities and Transportation of the Senate on the imple- mercial aircraft with communications, surveil- needed to certify NextGen technologies, includ- mentation of this section. lance, navigation, and other avionics equipment ing the establishment of NextGen technical re- SEC. 218. AIRSPACE REDESIGN. as determined by the Secretary to be in the in- quirements for the manufacture of equipage, in- (a) FINDINGS.—Congress finds the following: terest of achieving NextGen capabilities for such stallation of equipage, airline operational proce- (1) The airspace redesign efforts of the Fed- aircraft. dures, pilot training standards, air traffic con- eral Aviation Administration will play a critical (b) NEXTGEN PUBLIC-PRIVATE PARTNER- trol procedures, and air traffic controller train- near-term role in enhancing capacity, reducing SHIPS.—The incentive program established under ing; delays, transitioning to more flexible routing, subsection (a) shall, at a minimum— (3) identification of staffing requirements for and ultimately saving money in fuel costs for (1) be based on public-private partnership the Air Certification Service and the Flight airlines and airspace users. principles; and Standards Service, taking into consideration the (2) The critical importance of airspace rede- (2) leverage and maximize the use of private leveraging of assistance from third parties and sign efforts is underscored by the fact that they sector capital. designees; are highlighted in strategic plans of the Admin- (c) FINANCIAL INSTRUMENTS.—Subject to the (4) establishment of a program under which istration, including Flight Plan 2009–2013 and availability of appropriated funds, the Secretary the Administration will use third parties in the the NextGen Implementation Plan. may use financial instruments to facilitate pub- certification process; and (3) Funding cuts have led to delays and defer- lic-private financing for the equipage of general (5) establishment of performance metrics to rals of critical capacity enhancing airspace re- aviation and commercial aircraft registered measure the Administration’s progress. under section 44103 of title 49, United States (b) CERTIFICATION INTEGRITY.—The Adminis- design efforts. Code. To the extent appropriations are not made trator shall ensure that equipment, systems, or (4) New runways planned for the period of fis- available, the Secretary may establish the pro- services used in the national airspace system cal years 2011 and 2012 will not provide esti- gram, provided the costs are covered by the fees meet appropriate certification requirements re- mated capacity benefits without additional and premiums authorized by subsection (d)(2). gardless of whether the equipment, system, or funds. For purposes of this section, the term ‘‘financial service is publically or privately owned. (b) NOISE IMPACTS OF NEW YORK/NEW JERSEY/ PHILADELPHIA METROPOLITAN AREA AIRSPACE instruments’’ means loan guarantees and other SEC. 216. SURFACE SYSTEMS ACCELERATION. REDESIGN.— credit assistance designed to leverage and maxi- (a) IN GENERAL.—The Chief Operating Officer (1) MONITORING.—The Administrator of the mize private sector capital. of the Air Traffic Organization shall— Federal Aviation Administration, in conjunction (d) PROTECTION OF THE TAXPAYER.— (1) evaluate the Airport Surface Detection with the Port Authority of New York and New (1) LIMITATION ON PRINCIPAL.—The amount of Equipment-Model X program for its potential Jersey and the Philadelphia International Air- any guarantee under this program shall be lim- contribution to implementation of the NextGen port, shall monitor the noise impacts of the New ited to 90 percent of the principal amount of the initiative; underlying loan. (2) evaluate airport surveillance technologies York/New Jersey/Philadelphia Metropolitan Area Airspace Redesign. (2) COLLATERAL, FEES, AND PREMIUMS.—The and associated collaborative surface manage- Secretary shall require applicants for the incen- ment software for potential contributions to im- (2) REPORT.—Not later than 1 year following the first day of completion of the New York/New tive program to post collateral and pay such fees plementation of NextGen surface management; and premiums if feasible, as determined by the (3) accelerate implementation of the program Jersey/Philadelphia Metropolitan Area Airspace Secretary, to offset costs to the Government of referred to in paragraph (1); and Redesign, the Administrator shall submit to potential defaults, and agree to performance (4) carry out such additional duties as the Ad- Congress a report on the findings of the Admin- measures that the Secretary considers necessary ministrator of the Federal Aviation Administra- istrator with respect to monitoring conducted and in the best interest of implementing the tion may require. under paragraph (1). NextGen program. (b) EXPEDITED CERTIFICATION AND UTILIZA- SEC. 219. STUDY ON FEASIBILITY OF DEVELOP- (3) USE OF FUNDS.—Applications for this pro- TION.—The Administrator shall— MENT OF A PUBLIC INTERNET WEB- (1) consider options for expediting the certifi- BASED RESOURCE ON LOCATIONS gram shall be limited to equipment that is in- cation of Ground-Based Augmentation System OF POTENTIAL AVIATION OBSTRUC- stalled on general aviation or commercial air- technology; and TIONS. craft and is necessary for communications, sur- (2) develop a plan to utilize such a system at (a) STUDY.—The Administrator of the Federal veillance, navigation, or other purposes deter- the 35 operational evolution partnership air- Aviation Administration shall carry out a study mined by the Secretary to be in the interests of ports by December 31, 2012. on the feasibility of developing a publicly achieving NextGen capabilities for commercial searchable, Internet Web-based resource that SEC. 217. INCLUSION OF STAKEHOLDERS IN AIR and general aviation. TRAFFIC CONTROL MODERNIZATION provides information regarding the height and (e) TERMINATION OF AUTHORITY.—The author- PROJECTS. latitudinal and longitudinal locations of guy- ity of the Secretary to issue such financial in- (a) PROCESS FOR EMPLOYEE INCLUSION.—Not- wire and free-standing tower obstructions. struments under this section shall terminate 5 withstanding any other law or agreement, the (b) CONSIDERATIONS.—In conducting the years after the date of the establishment of the Administrator of the Federal Aviation Adminis- study, the Administrator shall consult with af- incentive program. tration shall establish a process or processes for fected industries and appropriate Federal agen- SEC. 222. OPERATIONAL INCENTIVES. including qualified employees selected by each cies. (a) IN GENERAL.—The Administrator of the exclusive collective bargaining representative of (c) REPORT.—Not later than 1 year after the Federal Aviation Administration shall issue a employees of the Administration impacted by the date of enactment of this Act, the Administrator report that— air traffic control modernization process to serve shall submit a report to the appropriate commit- (1) identifies incentive options to encourage in a collaborative and expert capacity in the tees of Congress on the results of the study. the equipage of aircraft with NextGen tech- planning and development of air traffic control SEC. 220. NEXTGEN RESEARCH AND DEVELOP- nologies, including a policy that gives priority modernization projects, including NextGen. MENT CENTER OF EXCELLENCE. to aircraft equipped with ADS–B technology; (b) ADHERENCE TO DEADLINES.—Participants (a) IN GENERAL.—The Administrator of the (2) identifies the costs and benefits of each opin these processes shall adhere, to the greatest Federal Aviation Administration may enter into tion; and extent possible, to all deadlines and milestones an agreement, on a competitive basis, to assist (3) includes input from industry stakeholders, established pursuant to this title. in the establishment of a center of excellence for including passenger and cargo air carriers,

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aerospace manufacturers, and general aviation (2) CONTENTS.—Each report submitted under design organization, production organization, aircraft operators. paragraph (1) shall include the following: or design and production organization to au- (b) DEADLINE.—The Administrator shall issue (A) A timeline for full implementation of the thorize the organization to certify compliance of the report before the earlier of— strategy described in the report submitted under aircraft, aircraft engines, propellers, and appli- (1) the date that is 6 months after the date of subsection (a). ances with the requirements and minimum enactment of this Act; or (B) A description of the progress made in car- standards prescribed under section 44701(a). An (2) the date on which aircraft are required to rying out such strategy. organization holding a certificate issued under be equipped with ADS–B technology pursuant (C) A description of the challenges, if any, en- this subsection shall be known as a certified de- to the rulemaking under section 211(b). countered by the Administrator in carrying out sign and production organization (in this sub- SEC. 223. EDUCATIONAL REQUIREMENTS. such strategy. section referred to as a ‘CDPO’). The Administrator of the Federal Aviation TITLE III—SAFETY ‘‘(2) APPLICATIONS.—On receiving an applica- Administration shall make payments to the De- Subtitle A—General Provisions tion for a CDPO certificate, the Administrator partment of Defense for the education of de- SEC. 301. JUDICIAL REVIEW OF DENIAL OF AIR- shall examine and rate the organization submit- pendent children of those Administration em- MAN CERTIFICATES. ting the application, in accordance with regula- ployees in Puerto Rico and Guam as they are (a) JUDICIAL REVIEW OF NTSB DECISIONS.— tions to be prescribed by the Administrator, to subject to transfer by policy and practice and Section 44703(d) is amended by adding at the determine whether the organization has ade- meet the eligibility requirements of section end the following: quate engineering, design, and production capa- 2164(c) of title 10, United States Code. ‘‘(3) A person who is substantially affected by bilities, standards, and safeguards to make cer- SEC. 224. AIR TRAFFIC CONTROLLER STAFFING an order of the Board under this subsection, or tifications of compliance as described in para- INITIATIVES AND ANALYSIS. the Administrator if the Administrator decides graph (1). As soon as practicable, and not later than 1 that an order of the Board will have a signifi- ‘‘(3) ISSUANCE OF CERTIFICATES BASED ON CDPO year after the date of enactment of this Act, the cant adverse impact on carrying out this sub- FINDINGS.—The Administrator may rely on cer- Administrator of the Federal Aviation Adminis- title, may seek judicial review of the order under tifications of compliance by a CDPO when mak- tration shall— section 46110. The Administrator shall be made a ing determinations under this section. (1) ensure, to the extent practicable, a suffi- party to the judicial review proceedings. The ‘‘(4) PUBLIC SAFETY.—The Administrator shall cient number of contract instructors, classroom findings of fact of the Board in any such case include in a CDPO certificate terms required in space (including off-site locations as needed), are conclusive if supported by substantial evi- the interest of safety. and simulators to allow for an increase in the dence.’’. ‘‘(5) NO EFFECT ON POWER OF REVOCATION.— number of air traffic controllers at air traffic (b) CONFORMING AMENDMENT.—Section 1153(c) Nothing in this subsection affects the authority control facilities; is amended by striking ‘‘section 44709 or’’ and of the Secretary of Transportation to revoke a (2) distribute, to the extent practicable, the inserting ‘‘section 44703(d), 44709, or’’. certificate.’’. (b) APPLICABILITY.—Before January 1, 2013, placement of certified professional air traffic SEC. 302. RELEASE OF DATA RELATING TO ABAN- the Administrator of the Federal Aviation Ad- controllers-in-training and developmental air DONED TYPE CERTIFICATES AND ministration may continue to issue certificates traffic controllers at facilities evenly across the SUPPLEMENTAL TYPE CERTIFI- under section 44704(e) of title 49, United States calendar year in order to avoid training bottle- CATES. Code, as in effect on the day before the date of necks; Section 44704(a) is amended by adding at the enactment of this Act. (3) initiate an analysis, to be conducted in end the following: (c) CLERICAL AMENDMENTS.—Chapter 447 is consultation with the exclusive bargaining rep- ‘‘(5) RELEASE OF DATA.— ‘‘(A) IN GENERAL.—Notwithstanding any other amended— resentative of air traffic controllers certified provision of law, the Administrator may make (1) in the heading for section 44704 by striking under section 7111 of title 5, United States Code, available upon request, to a person seeking to ‘‘and design organization certificates’’ and of scheduling processes and practices, including maintain the airworthiness or develop product inserting ‘‘, and design and production orga- overtime scheduling practices at those facilities; improvements of an aircraft, engine, propeller, nization certificates’’; and (4) provide, to the extent practicable and or appliance, engineering data in the possession (2) in the analysis for such chapter by striking where appropriate, priority to certified profes- of the Administration relating to a type certifi- the item relating to section 44704 and inserting sional air traffic controllers-in-training when cate or a supplemental type certificate for such the following: filling staffing vacancies at facilities; aircraft, engine, propeller, or appliance, without ‘‘44704. Type certificates, production certifi- (5) assess training programs at air traffic con- the consent of the owner of record, if the Ad- cates, airworthiness certificates, trol facilities with below-average success rates to ministrator determines that— and design and production orga- determine if training is being carried out in ac- ‘‘(i) the certificate containing the requested nization certificates.’’. cordance with Administration standards, and data has been inactive for 3 or more years, ex- conduct exit interview analyses with all can- SEC. 304. CABIN CREW COMMUNICATION. cept that the Administrator may reduce this didates to determine potential weaknesses in (a) IN GENERAL.—Section 44728 is amended— time if required to address an unsafe condition training protocols, or in the execution of such (1) by redesignating subsection (f) as sub- associated with the product; training protocols; and section (g); and ‘‘(ii) after using due diligence, the Adminis- (2) by inserting after subsection (e) the fol- (6) prioritize, to the extent practicable, such trator is unable to find the owner of record, or lowing: efforts to address the recommendations for the the owner of record’s heir, of the type certificate ‘‘(f) MINIMUM LANGUAGE SKILLS.— facilities identified in the Department of Trans- or supplemental type certificate; and ‘‘(1) IN GENERAL.—No person may serve as a portation’s Office of the Inspector General Re- ‘‘(iii) making such data available will enhance flight attendant aboard an aircraft of an air port Number: AV-2009-047. aviation safety. carrier, unless that person has demonstrated to SEC. 225. REPORTS ON STATUS OF GREENER ‘‘(B) ENGINEERING DATA DEFINED.—In this sec- an individual qualified to determine proficiency SKIES PROJECT. tion, the term ‘engineering data’ as used with the ability to read, speak, and write English (a) INITIAL REPORT.—Not later than 180 days respect to an aircraft, engine, propeller, or ap- well enough to— after the date of the enactment of this Act, the pliance means type design drawing and speci- ‘‘(A) read material written in English and Administrator of the Federal Aviation Adminis- fications for the entire aircraft, engine, pro- comprehend the information; tration shall submit to Congress a report on the peller, or appliance or change to the aircraft, ‘‘(B) speak and understand English suffi- strategy of the Administrator for implementing, engine, propeller, or appliance, including the ciently to provide direction to, and understand on an accelerated basis, the NextGen oper- original design data, and any associated sup- and answer questions from, English-speaking ational capabilities produced by the Greener plier data for individual parts or components individuals; Skies project, as recommended in the final re- approved as part of the particular certificate for ‘‘(C) write incident reports and statements port of the RTCA NextGen Mid-Term Implemen- the aircraft, engine, propeller, or appliance. and log entries and statements; and tation Task Force that was issued on September ‘‘(C) REQUIREMENT TO MAINTAIN DATA.—The ‘‘(D) carry out written and oral instructions 9, 2009. Administrator shall maintain engineering data regarding the proper performance of their du- (b) SUBSEQUENT REPORTS.— in the possession of the Administration relating ties. (1) IN GENERAL.—Not later than 180 days after to a type certificate or a supplemental type cer- ‘‘(2) FOREIGN FLIGHTS.—The requirements of the Administrator submits to Congress the report tificate that has been inactive for 3 or more paragraph (1) do not apply to a flight attendant required by subsection (a) and annually there- years.’’. serving solely between points outside the United after until the pilot program terminates, the Ad- SEC. 303. DESIGN AND PRODUCTION ORGANIZA- States.’’. ministrator shall submit to the Committee on TION CERTIFICATES. (b) FACILITATION.—The Administrator of the Commerce, Science, and Transportation of the (a) IN GENERAL.—Section 44704(e) is amended Federal Aviation Administration shall work Senate and to the Committee on Transportation to read as follows: with air carriers to facilitate compliance with and Infrastructure of the House of Representa- ‘‘(e) DESIGN AND PRODUCTION ORGANIZATION the requirements of section 44728(f) of title 49, tives a report on the progress of the Adminis- CERTIFICATES.— United States Code (as amended by this section). trator in carrying out the strategy described in ‘‘(1) ISSUANCE.—Beginning January 1, 2013, SEC. 305. LINE CHECK EVALUATIONS. the report submitted under subsection (a). the Administrator may issue a certificate to a Section 44729(h) is amended—

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(1) by striking paragraph (2); and ‘‘(A) Pilot training standards, including— ‘‘(c) DATABASE.—Not later than 180 days after (2) by redesignating paragraph (3) as para- ‘‘(i) mandatory training requirements, includ- the date of enactment of this section, the Ad- graph (2). ing a minimum time for completing the training ministrator shall develop a method to collect SEC. 306. SAFETY OF AIR AMBULANCE OPER- requirements; and store the data collected under subsection ATIONS. ‘‘(ii) training subject areas, such as commu- (a), including a method to protect the confiden- (a) IN GENERAL.—Chapter 447 is amended by nications procedures and appropriate tech- tiality of any trade secret or proprietary infor- adding at the end the following: nology use; and mation provided in response to this section. ‘‘§ 44730. Helicopter air ambulance operations ‘‘(iii) establishment of training standards in— ‘‘(d) REPORT TO CONGRESS.—Not later than 2 ‘‘(I) crew resource management; years after the date of enactment of this section, ‘‘(a) COMPLIANCE REGULATIONS.— ‘‘(II) flight risk evaluation; and annually thereafter, the Administrator ‘‘(1) IN GENERAL.—Except as provided in para- ‘‘(III) operational control of the pilot in com- shall submit to the Committee on Transportation graph (2), not later than 180 days after the date mand; and and Infrastructure of the House of Representa- of enactment of this section, a part 135 certifi- ‘‘(IV) use of flight simulation training devices tives and the Committee on Commerce, Science, cate holder providing air ambulance services and line-oriented flight training. and Transportation of the Senate a report con- shall comply, whenever medical personnel are ‘‘(B) Use of safety equipment that should be taining a summary of the data collected under onboard the aircraft, with regulations per- worn or used by flight crewmembers and medical subsection (a). taining to weather minimums and flight and personnel on a flight, including the possible use ‘‘(e) DEFINITIONS.—In this section, the terms duty time under part 135. of shoulder harnesses, helmets, seatbelts, and ‘part 135’ and ‘part 135 certificate holder’ have ‘‘(2) EXCEPTION.—If a certificate holder de- fire resistant clothing to enhance crash surviv- the meanings given such terms in section scribed in paragraph (1) is operating, or car- ability. 44730.’’. rying out training, under instrument flight ‘‘(2) DEADLINES.—Not later than 180 days (b) AUTHORIZED EXPENDITURES.—Section rules, the weather reporting requirement at the after the date of issuance of a final rule under 106(k)(2)(C) (as redesignated by this Act) is destination shall not apply if authorized by the subsection (b), the Administrator shall initiate amended by inserting before the period the fol- Administrator of the Federal Aviation Adminis- the rulemaking under this subsection. lowing: ‘‘and the development and maintenance tration. ‘‘(3) LIMITATION ON CONSTRUCTION.—Nothing of helicopter approach procedures’’. INAL ULE ‘‘(b) F R .—Not later than June 1, in this subsection shall be construed to require (c) CLERICAL AMENDMENT.—The analysis for 2012, the Administrator shall issue a final rule, the Administrator to propose or finalize any rule chapter 447 is amended by adding at the end the with respect to the notice of proposed rule- that would derogate or supersede the rule re- following: making published in the Federal Register on Oc- quired to be finalized under subsection (b). tober 12, 2010 (75 Fed. Reg. 62640), to improve ‘‘44730. Helicopter air ambulance operations. ‘‘(f) DEFINITIONS.—In this section, the fol- ‘‘44731. Collection of data on helicopter air am- the safety of flight crewmembers, medical per- lowing definitions apply: bulance operations.’’. sonnel, and passengers onboard helicopters pro- ‘‘(1) PART 135.—The term ‘part 135’ means part viding air ambulance services under part 135. SEC. 307. PROHIBITION ON PERSONAL USE OF 135 of title 14, Code of Federal Regulations. ELECTRONIC DEVICES ON FLIGHT ‘‘(c) MATTERS TO BE ADDRESSED.—In con- ‘‘(2) PART 135 CERTIFICATE HOLDER.—The term DECK. ducting the rulemaking proceeding under sub- ‘part 135 certificate holder’ means a person (a) IN GENERAL.—Chapter 447 (as amended by section (b), the Administrator shall address the holding an operating certificate issued under this Act) is further amended by adding at the following: part 119 of title 14, Code of Federal Regulations, end the following: ‘‘(1) Flight request and dispatch procedures, that is authorized to conduct civil helicopter air ‘‘§ 44732. Prohibition on personal use of elec- including performance-based flight dispatch ambulance operations under part 135. procedures. tronic devices on flight deck ‘‘(2) Pilot training standards, including estab- ‘‘§ 44731. Collection of data on helicopter air ‘‘(a) IN GENERAL.—It is unlawful for a flight lishment of training standards in— ambulance operations crewmember of an aircraft used to provide air ‘‘(A) preventing controlled flight into terrain; ‘‘(a) IN GENERAL.—The Administrator of the transportation under part 121 of title 14, Code of and Federal Aviation Administration shall require a Federal Regulations, to use a personal wireless ‘‘(B) recovery from inadvertent flight into in- part 135 certificate holder providing helicopter communications device or laptop computer while strument meteorological conditions. air ambulance services to submit to the Adminis- at the flight crewmember’s duty station on the ‘‘(3) Safety-enhancing technology and equip- trator, not later than 1 year after the date of en- flight deck of such an aircraft while the aircraft ment, including— actment of this section, and annually there- is being operated. ‘‘(A) helicopter terrain awareness and warn- after, a report containing, at a minimum, the ‘‘(b) EXCEPTIONS.—Subsection (a) shall not ing systems; following data: apply to the use of a personal wireless commu- ‘‘(B) radar altimeters; and ‘‘(1) The number of helicopters that the cer- nications device or laptop computer for a pur- ‘‘(C) devices that perform the function of tificate holder uses to provide helicopter air am- pose directly related to operation of the aircraft, flight data recorders and cockpit voice record- bulance services and the base locations of the or for emergency, safety-related, or employment- ers, to the extent feasible. helicopters. related communications, in accordance with ‘‘(4) Such other matters as the Administrator ‘‘(2) The number of flights and hours flown, procedures established by the air carrier and the considers appropriate. by registration number, during which heli- Administrator of the Federal Aviation Adminis- ‘‘(d) MINIMUM REQUIREMENTS.—In issuing a copters operated by the certificate holder were tration. final rule under subsection (b), the Adminis- providing helicopter air ambulance services. ‘‘(c) ENFORCEMENT.—In addition to the pen- trator, at a minimum, shall provide for the fol- ‘‘(3) The number of flight requests for a heli- alties provided under section 46301 applicable to lowing: copter providing air ambulance services that any violation of this section, the Administrator ‘‘(1) FLIGHT RISK EVALUATION PROGRAM.—The were accepted or declined by the certificate of the Federal Aviation Administration may en- Administrator shall ensure that a part 135 cer- holder and the type of each such flight request force compliance with this section under section tificate holder providing helicopter air ambu- (such as scene response, interfacility transport, 44709 by amending, modifying, suspending, or lance services— organ transport, or ferry or repositioning revoking a certificate under this chapter. ‘‘(A) establishes a flight risk evaluation pro- flight). ‘‘(d) PERSONAL WIRELESS COMMUNICATIONS gram, based on FAA Notice 8000.301 issued by ‘‘(4) The number of accidents, if any, involv- DEVICE DEFINED.—In this section, the term ‘per- the Administration on August 1, 2005, including ing helicopters operated by the certificate holder sonal wireless communications device’ means a any updates thereto; while providing air ambulance services and a device through which personal wireless services ‘‘(B) as part of the flight risk evaluation pro- description of the accidents. (as defined in section 332(c)(7)(C)(i) of the Com- gram, develops a checklist for use by pilots in ‘‘(5) The number of flights and hours flown munications Act of 1934 (47 U.S.C. determining whether a flight request should be under instrument flight rules by helicopters op- 332(c)(7)(C)(i))) are transmitted.’’. accepted; and erated by the certificate holder while providing (b) PENALTY.—Section 44711(a) is amended— ‘‘(C) requires the pilots of the certificate hold- air ambulance services. (1) by striking ‘‘or’’ after the semicolon in er to use the checklist. ‘‘(6) The time of day of each flight flown by paragraph (8); ‘‘(2) OPERATIONAL CONTROL CENTER.—The Ad- helicopters operated by the certificate holder (2) by striking ‘‘title.’’ in paragraph (9) and ministrator shall ensure that a part 135 certifi- while providing air ambulance services. inserting ‘‘title; or’’; and cate holder providing helicopter air ambulance ‘‘(7) The number of incidents, if any, in which (3) by adding at the end the following: services using 10 or more helicopters has an a helicopter was not directly dispatched and ar- ‘‘(10) violate section 44732 or any regulation operational control center that meets such re- rived to transport patients but was not utilized issued thereunder.’’. quirements as the Administrator may prescribe. for patient transport. (c) CONFORMING AMENDMENT.—The analysis ‘‘(e) SUBSEQUENT RULEMAKING.— ‘‘(b) REPORTING PERIOD.—Data contained in a for chapter 447 (as amended by this Act) is fur- ‘‘(1) IN GENERAL.—Upon completion of the report submitted by a part 135 certificate holder ther amended by adding at the end the fol- rulemaking required under subsection (b), the under subsection (a) shall relate to such report- lowing: Administrator shall conduct a follow-on rule- ing period as the Administrator determines ap- ‘‘44732. Prohibition on personal use of electronic making to address the following: propriate. devices on flight deck.’’.

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(d) REGULATIONS.—Not later than 90 days ‘‘(3) describe the training provided to inspec- (b) CLERICAL AMENDMENT.—The analysis for after the date of enactment of this Act, the Ad- tors; and chapter 447 (as amended by this Act) is further ministrator of the Federal Aviation Administra- ‘‘(4) include an assessment of the quality of amended by adding at the end the following: tion shall initiate a rulemaking procedure for monitoring and surveillance by the Administra- ‘‘44734. Training of flight attendants.’’. tion of work performed by its inspectors and the regulations to carry out section 44732 of title 49, SEC. 310. LIMITATION ON DISCLOSURE OF SAFE- United States Code (as added by this section), inspectors of foreign authorities operating under TY INFORMATION. a maintenance safety or maintenance implemen- and shall issue a final rule thereunder not later (a) IN GENERAL.—Chapter 447 (as amended by than 2 years after the date of enactment of this tation agreement. this Act) is further amended by adding at the ‘‘(d) ALCOHOL AND CONTROLLED SUBSTANCES Act. end the following: (e) STUDY.— TESTING PROGRAM REQUIREMENTS.— ‘‘§ 44735. Limitation on disclosure of safety in- (1) IN GENERAL.—The Administrator of the ‘‘(1) IN GENERAL.—The Secretary of State and Federal Aviation Administration shall review the Secretary of Transportation, acting jointly, formation relevant air carrier data and carry out a shall request the governments of foreign coun- ‘‘(a) IN GENERAL.—Except as provided by sub- study— tries that are members of the International Civil section (c), a report, data, or other information (A) to identify common sources of distraction Aviation Organization to establish international described in subsection (b) shall not be disclosed for the flight crewmembers on the flight deck of standards for alcohol and controlled substances to the public by the Administrator of the Fed- a commercial aircraft; and testing of persons that perform safety-sensitive eral Aviation Administration pursuant to sec- (B) to determine the safety impacts of such maintenance functions on commercial air carrier tion 552(b)(3)(B) of title 5 if the report, data, or distractions. aircraft. other information is submitted to the Federal ‘‘(2) APPLICATION TO PART 121 AIRCRAFT (2) REPORT TO CONGRESS.—Not later than 1 Aviation Administration voluntarily and is not year after the date of enactment of this Act, the WORK.—Not later than 1 year after the date of required to be submitted to the Administrator enactment of this section, the Administrator Administrator shall submit to the Committee on under any other provision of law. shall promulgate a proposed rule requiring that Commerce, Science, and Transportation of the ‘‘(b) APPLICABILITY.—The limitation estab- all part 145 repair station employees responsible Senate and the Committee on Transportation lished by subsection (a) shall apply to the fol- for safety-sensitive maintenance functions on and Infrastructure of the House of Representa- lowing: part 121 air carrier aircraft are subject to an al- tives a report that contains— ‘‘(1) Reports, data, or other information devel- cohol and controlled substances testing program (A) the findings of the study conducted under oped under the Aviation Safety Action Program. determined acceptable by the Administrator and paragraph (1); and ‘‘(2) Reports, data, or other information pro- consistent with the applicable laws of the coun- (B) recommendations regarding how to reduce duced or collected under the Flight Operational try in which the repair station is located. distractions for flight crewmembers on the flight Quality Assurance Program. ‘‘(e) ANNUAL INSPECTIONS.—The Administrator deck of a commercial aircraft. ‘‘(3) Reports, data, or other information devel- shall ensure that part 145 repair stations located oped under the Line Operations Safety Audit SEC. 308. INSPECTION OF REPAIR STATIONS LO- outside the United States are inspected annu- CATED OUTSIDE THE UNITED Program. ally by Federal Aviation Administration safety ‘‘(4) Reports, data, or other information pro- STATES. inspectors, without regard to where the station (a) IN GENERAL.—Chapter 447 (as amended by duced or collected for purposes of developing is located, in a manner consistent with United and implementing a safety management system this Act) is further amended by adding at the States obligations under international agree- end the following: acceptable to the Administrator. ments. The Administrator may carry out inspec- ‘‘(5) Reports, analyses, and directed studies, ‘‘§ 44733. Inspection of repair stations located tions in addition to the annual inspection re- based in whole or in part on reports, data, or outside the United States quired under this subsection based on identified other information described in paragraphs (1) ‘‘(a) IN GENERAL.—Not later than 1 year after risks. through (4), including those prepared under the ‘‘(f) DEFINITIONS.—In this section, the fol- the date of enactment of this section, the Ad- Aviation Safety Information Analysis and Shar- lowing definitions apply: ministrator of the Federal Aviation Administra- ing Program (or any successor program). ‘‘(1) PART 121 AIR CARRIER.—The term ‘part tion shall establish and implement a safety as- ‘‘(c) EXCEPTION FOR DE-IDENTIFIED INFORMA- sessment system for all part 145 repair stations 121 air carrier’ means an air carrier that holds a certificate issued under part 121 of title 14, TION.— based on the type, scope, and complexity of ‘‘(1) IN GENERAL.—The limitation established work being performed. The system shall— Code of Federal Regulations. ‘‘(2) PART 145 REPAIR STATION.—The term by subsection (a) shall not apply to a report, ‘‘(1) ensure that repair stations located out- ‘part 145 repair station’ means a repair station data, or other information if the information side the United States are subject to appropriate that holds a certificate issued under part 145 of contained in the report, data, or other informa- inspections based on identified risks and con- title 14, Code of Federal Regulations.’’. tion has been de-identified. sistent with existing United States requirements; (b) CONFORMING AMENDMENT.—The analysis ‘‘(2) DE-IDENTIFIED DEFINED.—In this sub- ‘‘(2) consider inspection results and findings for chapter 447 (as amended by this Act) is fur- section, the term ‘de-identified’ means the proc- submitted by foreign civil aviation authorities ther amended by adding at the end the fol- ess by which all information that is likely to es- operating under a maintenance safety or main- lowing: tablish the identity of the specific persons or en- tenance implementation agreement with the ‘‘44733. Inspection of repair stations located out- tities submitting reports, data, or other informa- United States; and side the United States.’’. tion is removed from the reports, data, or other ‘‘(3) require all maintenance safety or mainte- information.’’. nance implementation agreements to provide an SEC. 309. ENHANCED TRAINING FOR FLIGHT AT- TENDANTS. (b) CLERICAL AMENDMENT.—The analysis for opportunity for the Administration to conduct (a) IN GENERAL.—Chapter 447 (as amended by such chapter (as amended by this Act) is further independent inspections of covered part 145 re- this Act) is further amended by adding at the amended by adding at the end the following: pair stations when safety concerns warrant end the following: ‘‘44735. Limitation on disclosure of safety infor- such inspections. mation.’’. ‘‘(b) NOTICE TO CONGRESS OF NEGOTIATIONS.— ‘‘§ 44734. Training of flight attendants ECHNICAL ORRECTION ‘‘(a) TRAINING REQUIRED.—In addition to (c) T C .—Section The Administrator shall notify the Committee on 44703(i)(9)(B)(i) is amended by striking ‘‘section Commerce, Science, and Transportation of the other training required under this chapter, each air carrier shall provide to flight attendants em- 552 of title 5’’ and inserting ‘‘section 552(b)(3)(B) Senate and the Committee on Transportation of title 5’’. and Infrastructure of the House of Representa- ployed or contracted by such air carrier initial tives not later than 30 days after initiating for- and annual training regarding— SEC. 311. PROHIBITION AGAINST AIMING A LASER POINTER AT AN AIRCRAFT. mal negotiations with foreign aviation authori- ‘‘(1) serving alcohol to passengers; ‘‘(2) recognizing intoxicated passengers; and (a) OFFENSE.—Chapter 2 of title 18, United ties or other appropriate foreign government ‘‘(3) dealing with disruptive passengers. States Code, is amended by inserting after sec- agencies on a new maintenance safety or main- ‘‘(b) SITUATIONAL TRAINING.—In carrying out tion 39 the following: tenance implementation agreement. the training required under subsection (a), each ‘‘§ 39A. Aiming a laser pointer at an aircraft ‘‘(c) ANNUAL REPORT.—The Administrator air carrier shall provide to flight attendants sit- shall publish an annual report on the Adminis- uational training on the proper method for deal- ‘‘(a) OFFENSE.—Whoever knowingly aims the tration’s oversight of part 145 repair stations ing with intoxicated passengers who act in a beam of a laser pointer at an aircraft in the spe- and implementation of the safety assessment belligerent manner. cial aircraft jurisdiction of the United States, or system required under subsection (a). The report ‘‘(c) DEFINITIONS.—In this section, the fol- at the flight path of such an aircraft, shall be shall— lowing definitions apply: fined under this title or imprisoned not more ‘‘(1) describe in detail any improvements in ‘‘(1) AIR CARRIER.—The term ‘air carrier’ than 5 years, or both. the Administration’s ability to identify and means a person, including a commercial enter- ‘‘(b) LASER POINTER DEFINED.—As used in track where part 121 air carrier repair work is prise, that has been issued an air carrier oper- this section, the term ‘laser pointer’ means any performed; ating certificate under section 44705. device designed or used to amplify electro- ‘‘(2) include a staffing model to determine the ‘‘(2) FLIGHT ATTENDANT.—The term ‘flight at- magnetic radiation by stimulated emission that best placement of inspectors and the number of tendant’ has the meaning given that term in sec- emits a beam designed to be used by the operator inspectors needed; tion 44728(g).’’. as a pointer or highlighter to indicate, mark, or

VerDate Sep 11 2014 12:49 Feb 24, 2017 Jkt 019102 PO 00000 Frm 00023 Fmt 0688 Sfmt 6333 E:\BR12\H01FE2.000 H01FE2 rmajette on DSK2TPTVN1PROD with BOUND RECORD 626 CONGRESSIONAL RECORD—HOUSE, Vol. 158, Pt. 1 February 1, 2012 identify a specific position, place, item, or ob- the development of new products and tech- section 47102 of title 49, United States Code) in ject. nologies and the global competitiveness of the the United States and proposed action to im- ‘‘(c) EXCEPTIONS.—This section does not pro- United States aviation industry. prove airport lighting, provide better signs, and hibit aiming a beam of a laser pointer at an air- (d) REPORT TO CONGRESS.—Not later than 180 improve runway and taxiway markings at those craft, or the flight path of such an aircraft, by— days after the date of enactment of this Act, the airports; and ‘‘(1) an authorized individual in the conduct Administrator shall submit to the Committee on (B) shall address the increased runway safety of research and development or flight test oper- Transportation and Infrastructure of the House risk associated with the expected increased vol- ations conducted by an aircraft manufacturer, of Representatives and the Committee on Com- ume of air traffic. the Federal Aviation Administration, or any merce, Science, and Transportation of the Sen- (b) PROCESS.—Not later than 6 months after other person authorized by the Federal Aviation ate a report on the results of the assessment, to- the date of enactment of this Act, the Adminis- Administration to conduct such research and gether with an explanation of how the Adminis- trator shall develop a process for tracking and development or flight test operations; trator will implement recommendations made investigating operational errors, losses of stand- ‘‘(2) members or elements of the Department of under subsection (c) and measure the effective- ard separation, and runway incursions that in- Defense or Department of Homeland Security ness of the recommendations. cludes procedures for— acting in an official capacity for the purpose of (e) IMPLEMENTATION OF RECOMMENDATIONS.— (1) identifying who is responsible for tracking research, development, operations, testing, or Not later than 1 year after the date of enact- operational errors, losses of standard separa- training; or ment of this Act, the Administrator shall begin tion, and runway incursions, including a proc- ‘‘(3) by an individual using a laser emergency to implement the recommendations made under ess for lower level employees to report to higher signaling device to send an emergency distress subsection (c). supervisory levels and for frontline managers to signal. SEC. 313. CONSISTENCY OF REGULATORY INTER- receive the information in a timely manner; ‘‘(d) AUTHORITY TO ESTABLISH ADDITIONAL PRETATION. (2) conducting periodic random audits of the EXCEPTIONS BY REGULATION.—The Attorney (a) ESTABLISHMENT OF ADVISORY PANEL.—Not oversight process; and (3) ensuring proper accountability. General, in consultation with the Secretary of later than 90 days after the date of enactment of (c) PLAN FOR INSTALLATION AND DEPLOYMENT Transportation, may provide by regulation, this Act, the Administrator of the Federal Avia- OF SYSTEMS TO PROVIDE ALERTS OF POTENTIAL after public notice and comment, such addition Administration shall establish an advisory RUNWAY INCURSIONS.—Not later than June 30, tional exceptions to this section as may be nec- panel comprised of both Government and indus- 2012, the Administrator shall submit to Congress essary and appropriate. The Attorney General try representatives to— a report containing a plan for the installation shall provide written notification of any pro- (1) review the October 2010 report by the Gov- and deployment of systems to alert air traffic posed regulations under this section to the Com- ernment Accountability Office on certification controllers or flight crewmembers, or both, of po- mittees on the Judiciary of the Senate and the and approval processes (GAO–11–14); and tential runway incursions. The plan shall be in- House of Representatives, the Committee on (2) develop recommendations to address the tegrated into the annual NextGen Implementa- Commerce, Science, and Transportation of the findings in the report and other concerns raised tion Plan of the Administration or any successor Senate, and the Committee on Transportation by interested parties, including representatives document. and Infrastructure of the House of Representa- of the aviation industry. SEC. 315. FLIGHT STANDARDS EVALUATION PRO- tives, not less than 90 days before such regula- (b) MATTERS TO BE CONSIDERED.—The advi- GRAM. tions become final.’’. sory panel shall— (a) IN GENERAL.—Not later than 180 days (b) CLERICAL AMENDMENT.—The analysis for (1) determine the root causes of inconsistent after the date of enactment of this Act, the Ad- such chapter is amended— interpretation of regulations by the Administra- ministrator of the Federal Aviation Administra- (1) by moving the item relating to section 39 tion’s Flight Standards Service and Aircraft tion shall modify the Flight Standards Evalua- after the item relating to section 38; and Certification Service; tion Program— (2) by inserting after the item relating to sec- (2) develop recommendations to improve the (1) to include periodic and random reviews as tion 39 the following: consistency of interpreting regulations by the part of the Administration’s oversight of air car- Administration’s Flight Standards Service and ‘‘39A. Aiming a laser pointer at an aircraft’’. riers; and SEC. 312. AIRCRAFT CERTIFICATION PROCESS RE- Aircraft Certification Service; and (2) to prohibit an individual from partici- VIEW AND REFORM. (3) develop recommendations to improve com- pating in a review or audit of an office with re- (a) IN GENERAL.—The Administrator of the munications between the Administration’s sponsibility for an air carrier under the program Federal Aviation Administration, in consulta- Flight Standards Service and Aircraft Certifi- if the individual, at any time in the 5-year pe- tion with representatives of the aviation indus- cation Service and applicants and certificate riod preceding the date of the review or audit, try, shall conduct an assessment of the certifi- and approval holders for the identification and had responsibility for inspecting, or overseeing cation and approval process under section 44704 resolution of potentially adverse issues in an ex- the inspection of, the operations of that carrier. of title 49, United States Code. peditious and fair manner. (b) ANNUAL REPORT TO CONGRESS.—Not later (b) CONTENTS.—In conducting the assessment, (c) REPORT TO CONGRESS.—Not later than 1 than 1 year after the date of enactment of this the Administrator shall consider— year after the date of enactment of this Act, the Act, and annually thereafter, the Administrator (1) the expected number of applications for Administrator shall transmit to the Committee shall submit to the Committee on Commerce, product certifications and approvals the Admin- on Transportation and Infrastructure of the Science, and Transportation of the Senate and istrator will receive under section 44704 of such House of Representatives and the Committee on the Committee on Transportation and Infra- title in the 1-year, 5-year, and 10-year periods Commerce, Science, and Transportation of the structure of the House of Representatives a re- following the date of enactment of this Act; Senate a report on the findings of the advisory port on the Flight Standards Evaluation Pro- (2) process reforms and improvements nec- panel, together with an explanation of how the gram, including the Administrator’s findings essary to allow the Administrator to review and Administrator will implement the recommenda- and recommendations with respect to the pro- approve the applications in a fair and timely tions of the advisory panel and measure the ef- gram. fashion; fectiveness of the recommendations. (c) FLIGHT STANDARDS EVALUATION PROGRAM (3) the status of recommendations made in SEC. 314. RUNWAY SAFETY. DEFINED.—In this section, the term ‘‘Flight previous reports on the Administration’s certifi- (a) STRATEGIC RUNWAY SAFETY PLAN.— Standards Evaluation Program’’ means the pro- cation process; (1) IN GENERAL.—Not later than 6 months gram established by the Federal Aviation Ad- (4) methods for enhancing the effective use of after the date of enactment of this Act, the Ad- ministration in FS 1100.1B CHG3, including any delegation systems, including organizational ministrator of the Federal Aviation Administra- subsequent revisions thereto. designation authorization; tion shall develop and submit to Congress a re- SEC. 316. COCKPIT SMOKE. (5) methods for training the Administration’s port containing a strategic runway safety plan. (a) STUDY.—The Comptroller General of the field office employees in the safety management (2) CONTENTS OF PLAN.—The strategic runway United States shall conduct a study on the ef- system and auditing; and safety plan— fectiveness of oversight activities of the Federal (6) the status of updating airworthiness re- (A) shall include, at a minimum— Aviation Administration relating to the use of quirements, including implementing rec- (i) goals to improve runway safety; new technologies to prevent or mitigate the ef- ommendations in the Administration’s report en- (ii) near- and long-term actions designed to fects of dense, continuous smoke in the cockpit titled ‘‘Part 23—Small Airplane Certification reduce the severity, number, and rate of runway of a commercial aircraft. Process Study’’ (OK–09–3468, dated July 2009). incursions, losses of standard separation, and (b) REPORT TO CONGRESS.—Not later than 18 (c) RECOMMENDATIONS.—In conducting the as- operational errors; months after the date of enactment of this Act, sessment, the Administrator shall make rec- (iii) time frames and resources needed for the the Comptroller General shall submit to Con- ommendations to improve efficiency and reduce actions described in clause (ii); gress a report on the results of the study. costs through streamlining and reengineering (iv) a continuous evaluative process to track SEC. 317. OFF-AIRPORT, LOW-ALTITUDE AIRCRAFT the certification process under section 44704 of performance toward the goals referred to in WEATHER OBSERVATION TECH- such title to ensure that the Administrator can clause (i); and NOLOGY. conduct certifications and approvals under such (v) a review with respect to runway safety of (a) STUDY.—The Administrator of the Federal section in a manner that supports and enables every commercial service airport (as defined in Aviation Administration shall conduct a review

VerDate Sep 11 2014 12:49 Feb 24, 2017 Jkt 019102 PO 00000 Frm 00024 Fmt 0688 Sfmt 6333 E:\BR12\H01FE2.000 H01FE2 rmajette on DSK2TPTVN1PROD with BOUND RECORD February 1, 2012 CONGRESSIONAL RECORD—HOUSE, Vol. 158, Pt. 1 627 of off-airport, low-altitude aircraft weather ob- the safe operation of an aircraft if not per- (2) include a photograph of the individual to servation technologies. formed properly or if improper parts or materials whom the license is issued for identification (b) SPECIFIC REVIEW.—The review shall in- are used. purposes; and clude, at a minimum, an examination of off-air- (B) Regularly scheduled maintenance. (3) be smart cards that— port, low-altitude weather reporting needs, an (C) A required inspection item (as defined by (A) accommodate iris and fingerprint biomet- assessment of technical alternatives (including the Administrator). ric identifiers; and automated weather observation stations), an in- (2) PART 121 AIR CARRIER.—The term ‘‘part 121 (B) are compliant with Federal Information vestment analysis, and recommendations for im- air carrier’’ means an air carrier that holds a Processing Standards-201 (FIPS–201) or Per- proving weather reporting. certificate issued under part 121 of title 14, Code sonal Identity Verification-Interoperability (c) REPORT TO CONGRESS.—Not later than 1 of Federal Regulations. Standards (PIV–I) for processing through secu- year after the date of enactment of this Act, the (3) PART 145 REPAIR STATION.—The term ‘‘part rity checkpoints into airport sterile areas. Administrator shall submit to Congress a report 145 repair station’’ means a repair station that (d) TAMPERING.—To the extent practicable, containing the results of the review. holds a certificate issued under part 145 of title the Administrator shall develop methods to determine or reveal whether any component or se- SEC. 318. FEASIBILITY OF REQUIRING HELI- 14, Code of Federal Regulations. COPTER PILOTS TO USE NIGHT VI- (4) PERSON.—The term ‘‘person’’ means an in- curity feature of an improved pilot license SION GOGGLES. dividual, firm, partnership, corporation, com- issued under this section has been tampered (a) STUDY.—The Administrator of the Federal pany, or association that performs maintenance, with, altered, or counterfeited. Aviation Administration shall carry out a study preventative maintenance, or alterations. (e) USE OF DESIGNEES.—The Administrator on the feasibility of requiring pilots of heli- SEC. 320. STUDY OF AIR QUALITY IN AIRCRAFT may use designees to carry out subsection (a) to copters providing air ambulance services under CABINS. the extent practicable in order to minimize the part 135 of title 14, Code of Federal Regulations, (a) IN GENERAL.—Not later than 1 year after burdens on pilots. to use night vision goggles during nighttime op- the date of enactment of this Act, the Adminis- (f) REPORT TO CONGRESS.— (1) IN GENERAL.—Not later than 1 year after erations. trator of the Federal Aviation Administration the date of enactment of this Act, and annually (b) CONSIDERATIONS.—In conducting the shall initiate a study of air quality in aircraft thereafter, the Administrator shall submit to the study, the Administrator shall consult with cabins to— Committee on Transportation and Infrastruc- owners and operators of helicopters providing (1) assess bleed air quality on the full range of ture of the House of Representatives and the air ambulance services under such part 135 and commercial aircraft operating in the United Committee on Commerce, Science, and Transpor- aviation safety professionals to determine the States; tation of the Senate a report on the issuance of benefits, financial considerations, and risks as- (2) identify oil-based contaminants, hydraulic improved pilot licenses under this section. sociated with requiring the use of night vision fluid toxins, and other air toxins that appear in (2) EXPIRATION.—The Administrator shall not goggles. cabin air and measure the quantity and preva- be required to submit annual reports under this (c) REPORT TO CONGRESS.—Not later than 1 lence, or absence, of those toxins through a com- subsection after the date on which the Adminis- year after the date of enactment of this Act, the prehensive sampling program; trator has issued improved pilot licenses under Administrator shall submit to the Committee on (3) determine the specific amount and dura- this section to all pilots. Transportation and Infrastructure of the House tion of toxic fumes present in aircraft cabins of Representatives and the Committee on Com- that constitutes a health risk to passengers; Subtitle B—Unmanned Aircraft Systems (4) develop a systematic reporting standard merce, Science, and Transportation of the Sen- SEC. 331. DEFINITIONS. for smoke and fume events in aircraft cabins; ate a report on the results of the study. In this subtitle, the following definitions and SEC. 319. MAINTENANCE PROVIDERS. apply: (5) identify the potential health risks to indi- (1) ARCTIC.—The term ‘‘Arctic’’ means the (a) REGULATIONS.—Not later than 3 years viduals exposed to toxic fumes during flight. after the date of enactment of this Act, the Ad- United States zone of the Chukchi Sea, Beaufort (b) AUTHORITY TO MONITOR AIR IN AIRCRAFT Sea, and Bering Sea north of the Aleutian ministrator of the Federal Aviation Administra- CABINS.—For purposes of conducting the study tion shall issue regulations requiring that cov- chain. required by subsection (a), the Administrator of (2) CERTIFICATE OF WAIVER; CERTIFICATE OF ered work on an aircraft used to provide air the Federal Aviation Administration shall re- AUTHORIZATION.—The terms ‘‘certificate of transportation under part 121 of title 14, Code of quire domestic air carriers to allow air quality waiver’’ and ‘‘certificate of authorization’’ Federal Regulations, be performed by persons in monitoring on their aircraft in a manner that mean a Federal Aviation Administration grant accordance with subsection (b). imposes no significant costs on the air carrier of approval for a specific flight operation. (b) PERSONS AUTHORIZED TO PERFORM CER- and does not interfere with the normal oper- (3) PERMANENT AREAS.—The term ‘‘permanent TAIN WORK.—A person may perform covered ation of the aircraft. areas’’ means areas on land or water that pro- work on aircraft used to provide air transpor- SEC. 321. IMPROVED PILOT LICENSES. vide for launch, recovery, and operation of tation under part 121 of title 14, Code of Federal (a) IN GENERAL.—The Administrator of the small unmanned aircraft. Regulations, only if the person is employed by— Federal Aviation Administration shall issue im- (4) PUBLIC UNMANNED AIRCRAFT SYSTEM.—The (1) a part 121 air carrier; proved pilot licenses consistent with require- term ‘‘public unmanned aircraft system’’ means (2) a part 145 repair station or a person au- ments under this section. an unmanned aircraft system that meets the thorized under section 43.17 of title 14, Code of (b) TIMING.—Not later than 270 days after the qualifications and conditions required for oper- Federal Regulations (or any successor regula- date of enactment of this Act, the Administrator ation of a public aircraft (as defined in section tion); or shall— 40102 of title 49, United States Code). (3) subject to subsection (c), a person that— (1) provide to the Committee on Transpor- (5) SENSE AND AVOID CAPABILITY.—The term (A) provides contract maintenance workers, tation and Infrastructure of the House of Rep- ‘‘sense and avoid capability’’ means the capa- services, or maintenance functions to a part 121 resentatives and the Committee on Commerce, bility of an unmanned aircraft to remain a safe air carrier or part 145 repair station; and Science, and Transportation of the Senate a re- distance from and to avoid collisions with other (B) meets the requirements of the part 121 air port containing— airborne aircraft. carrier or the part 145 repair station, as appro- (A) a timeline for the phased issuance of im- (6) SMALL UNMANNED AIRCRAFT.—The term priate. proved pilot licenses under this section that en- ‘‘small unmanned aircraft’’ means an un- (c) TERMS AND CONDITIONS.—Covered work sures all pilots are issued such licenses not later manned aircraft weighing less than 55 pounds. performed by a person who is employed by a than 2 years after the initial issuance of such li- (7) TEST RANGE.—The term ‘‘test range’’ person described in subsection (b)(3) shall be censes under paragraph (2); and means a defined geographic area where research subject to the following terms and conditions: (B) recommendations for the Federal installa- and development are conducted. (1) The applicable part 121 air carrier shall be tion of infrastructure necessary to take advan- (8) UNMANNED AIRCRAFT.—The term ‘‘un- directly in charge of the covered work being per- tage of information contained on improved pilot manned aircraft’’ means an aircraft that is op- formed. licenses issued under this section, which iden- erated without the possibility of direct human (2) The covered work shall be carried out in tify the necessary infrastructure, indicate the intervention from within or on the aircraft. accordance with the part 121 air carrier’s main- Federal entity that should be responsible for in- (9) UNMANNED AIRCRAFT SYSTEM.—The term tenance manual. stalling, funding, and operating the infrastruc- ‘‘unmanned aircraft system’’ means an un- (3) The person shall carry out the covered ture at airport sterile areas, and provide an esti- manned aircraft and associated elements (in- work under the supervision and control of the mate of the costs of the infrastructure; and cluding communication links and the compo- part 121 air carrier directly in charge of the cov- (2) begin to issue improved pilot licenses con- nents that control the unmanned aircraft) that ered work being performed on its aircraft. sistent with the requirements of title 49, United are required for the pilot in command to operate (d) DEFINITIONS.—In this section, the fol- States Code, and title 14, Code of Federal Regu- safely and efficiently in the national airspace lowing definitions apply: lations. system. (1) COVERED WORK.—The term ‘‘covered (c) REQUIREMENTS.—Improved pilot licenses SEC. 332. INTEGRATION OF CIVIL UNMANNED AIR- work’’ means any of the following: issued under this section shall— CRAFT SYSTEMS INTO NATIONAL (A) Essential maintenance that could result in (1) be resistant to tampering, alteration, and AIRSPACE SYSTEM. a failure, malfunction, or defect endangering counterfeiting; (a) REQUIRED PLANNING FOR INTEGRATION.—

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(1) COMPREHENSIVE PLAN.—Not later than 270 (2) a notice of proposed rulemaking to imple- craft beyond line of sight. Such areas shall en- days after the date of enactment of this Act, the ment the recommendations of the plan required able over-water flights from the surface to at Secretary of Transportation, in consultation under subsection (a)(1), with the final rule to be least 2,000 feet in altitude, with ingress and with representatives of the aviation industry, published not later than 16 months after the egress routes from selected coastal launch sites. Federal agencies that employ unmanned air- date of publication of the notice; and (2) AGREEMENTS.—To implement the plan craft systems technology in the national air- (3) an update to the Administration’s most re- under paragraph (1), the Secretary may enter space system, and the unmanned aircraft sys- cent policy statement on unmanned aircraft sys- into an agreement with relevant national and tems industry, shall develop a comprehensive tems, contained in Docket No. FAA–2006–25714. international communities. plan to safely accelerate the integration of civil (c) PILOT PROJECTS.— (3) AIRCRAFT APPROVAL.—Not later than 1 unmanned aircraft systems into the national (1) ESTABLISHMENT.—Not later than 180 days year after the entry into force of an agreement airspace system. after the date of enactment of this Act, the Ad- necessary to effectuate the purposes of this sub- (2) CONTENTS OF PLAN.—The plan required ministrator shall establish a program to inte- section, the Secretary shall work with relevant under paragraph (1) shall contain, at a min- grate unmanned aircraft systems into the na- national and international communities to es- imum, recommendations or projections on— tional airspace system at 6 test ranges. The pro- tablish and implement a process, or may apply (A) the rulemaking to be conducted under gram shall terminate 5 years after the date of an applicable process already established, for subsection (b), with specific recommendations on enactment of this Act. approving the use of unmanned aircraft in the how the rulemaking will— (2) PROGRAM REQUIREMENTS.—In establishing designated permanent areas in the Arctic with- (i) define the acceptable standards for oper- the program under paragraph (1), the Adminis- out regard to whether an unmanned aircraft is ation and certification of civil unmanned air- trator shall— used as a public aircraft, a civil aircraft, or a craft systems; (A) safely designate airspace for integrated model aircraft. (ii) ensure that any civil unmanned aircraft manned and unmanned flight operations in the SEC. 333. SPECIAL RULES FOR CERTAIN UN- system includes a sense and avoid capability; national airspace system; MANNED AIRCRAFT SYSTEMS. and (B) develop certification standards and air (a) IN GENERAL.—Notwithstanding any other (iii) establish standards and requirements for traffic requirements for unmanned flight oper- requirement of this subtitle, and not later than the operator and pilot of a civil unmanned air- ations at test ranges; 180 days after the date of enactment of this Act, craft system, including standards and require- (C) coordinate with and leverage the resources the Secretary of Transportation shall determine ments for registration and licensing; of the National Aeronautics and Space Adminis- if certain unmanned aircraft systems may oper- (B) the best methods to enhance the tech- tration and the Department of Defense; ate safely in the national airspace system before nologies and subsystems necessary to achieve (D) address both civil and public unmanned completion of the plan and rulemaking required the safe and routine operation of civil un- aircraft systems; by section 332 of this Act or the guidance re- manned aircraft systems in the national air- (E) ensure that the program is coordinated quired by section 334 of this Act. space system; with the Next Generation Air Transportation (b) ASSESSMENT OF UNMANNED AIRCRAFT SYS- (C) a phased-in approach to the integration of System; and TEMS.—In making the determination under sub- civil unmanned aircraft systems into the na- (F) provide for verification of the safety of section (a), the Secretary shall determine, at a tional airspace system; unmanned aircraft systems and related naviga- minimum— (D) a timeline for the phased-in approach de- tion procedures before integration into the na- (1) which types of unmanned aircraft systems, scribed under subparagraph (C); tional airspace system. if any, as a result of their size, weight, speed, operational capability, proximity to airports and (E) creation of a safe (3) TEST RANGE LOCATIONS.—In determining (F) airspace designation for cooperative the location of the 6 test ranges of the program populated areas, and operation within visual manned and unmanned flight operations in the under paragraph (1), the Administrator shall— line of sight do not create a hazard to users of national airspace system; (A) take into consideration geographic and the national airspace system or the public or (G) establishment of a process to develop cer- climatic diversity; pose a threat to national security; and (2) whether a certificate of waiver, certificate tification, flight standards, and air traffic re- (B) take into consideration the location of of authorization, or airworthiness certification quirements for civil unmanned aircraft systems ground infrastructure and research needs; and under section 44704 of title 49, United States at test ranges where such systems are subject to (C) consult with the National Aeronautics and Code, is required for the operation of unmanned testing; Space Administration and the Department of aircraft systems identified under paragraph (1). (H) the best methods to ensure the safe oper- Defense. (c) REQUIREMENTS FOR SAFE OPERATION.—If ation of civil unmanned aircraft systems and (4) TEST RANGE OPERATION.—A project at a the Secretary determines under this section that public unmanned aircraft systems simulta- test range shall be operational not later than certain unmanned aircraft systems may operate neously in the national airspace system; and 180 days after the date on which the project is safely in the national airspace system, the Sec- (I) incorporation of the plan into the annual established. retary shall establish requirements for the safe NextGen Implementation Plan document (or any (5) REPORT TO CONGRESS.— operation of such aircraft systems in the na- successor document) of the Federal Aviation Ad- (A) IN GENERAL.—Not later than 90 days after tional airspace system. ministration. the date of the termination of the program SEC. 334. PUBLIC UNMANNED AIRCRAFT SYS- (3) DEADLINE.—The plan required under para- under paragraph (1), the Administrator shall TEMS. graph (1) shall provide for the safe integration submit to the Committee on Commerce, Science, (a) GUIDANCE.—Not later than 270 days after of civil unmanned aircraft systems into the na- and Transportation of the Senate and the Com- the date of enactment of this Act, the Secretary tional airspace system as soon as practicable, mittee on Transportation and Infrastructure of Transportation shall issue guidance regard- but not later than September 30, 2015. and the Committee on Science, Space, and Tech- ing the operation of public unmanned aircraft (4) REPORT TO CONGRESS.—Not later than 1 nology of the House of Representatives a report systems to— year after the date of enactment of this Act, the setting forth the Administrator’s findings and (1) expedite the issuance of a certificate of au- Secretary shall submit to Congress a copy of the conclusions concerning the projects. thorization process; plan required under paragraph (1). (B) ADDITIONAL CONTENTS.—The report under (2) provide for a collaborative process with (5) ROADMAP.—Not later than 1 year after the subparagraph (A) shall include a description public agencies to allow for an incremental ex- date of enactment of this Act, the Secretary and assessment of the progress being made in es- pansion of access to the national airspace sys- shall approve and make available in print and tablishing special use airspace to fill the imme- tem as technology matures and the necessary on the Administration’s Internet Web site a 5- diate need of the Department of Defense— safety analysis and data become available, and year roadmap for the introduction of civil un- (i) to develop detection techniques for small until standards are completed and technology manned aircraft systems into the national air- unmanned aircraft systems; and issues are resolved; space system, as coordinated by the Unmanned (ii) to validate the sense and avoid capability (3) facilitate the capability of public agencies Aircraft Program Office of the Administration. and operation of unmanned aircraft systems. to develop and use test ranges, subject to oper- The Secretary shall update the roadmap annu- (d) EXPANDING USE OF UNMANNED AIRCRAFT ating restrictions required by the Federal Avia- ally. SYSTEMS IN ARCTIC.— tion Administration, to test and operate un- (b) RULEMAKING.—Not later than 18 months (1) IN GENERAL.—Not later than 180 days after manned aircraft systems; and after the date on which the plan required under the date of enactment of this Act, the Secretary (4) provide guidance on a public entity’s re- subsection (a)(1) is submitted to Congress under shall develop a plan and initiate a process to sponsibility when operating an unmanned air- subsection (a)(4), the Secretary shall publish in work with relevant Federal agencies and na- craft without a civil airworthiness certificate the Federal Register— tional and international communities to des- issued by the Administration. (1) a final rule on small unmanned aircraft ignate permanent areas in the Arctic where (b) STANDARDS FOR OPERATION AND CERTIFI- systems that will allow for civil operation of small unmanned aircraft may operate 24 hours CATION.—Not later than December 31, 2015, the such systems in the national airspace system, to per day for research and commercial purposes. Administrator shall develop and implement the extent the systems do not meet the require- The plan for operations in these permanent operational and certification requirements for ments for expedited operational authorization areas shall include the development of processes the operation of public unmanned aircraft sys- under section 333 of this Act; to facilitate the safe operation of unmanned air- tems in the national airspace system.

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(c) AGREEMENTS WITH GOVERNMENT AGEN- (2) flown within visual line of sight of the per- ‘‘(4) RESPONSES TO RECOMMENDATIONS.—Not CIES.— son operating the aircraft; and later than 60 days after the date on which the (1) IN GENERAL.—Not later than 90 days after (3) flown for hobby or recreational purposes. Administrator receives a report with respect to the date of enactment of this Act, the Secretary Subtitle C—Safety and Protections an investigation, the Administrator shall re- shall enter into agreements with appropriate SEC. 341. AVIATION SAFETY WHISTLEBLOWER IN- spond to a recommendation made by the Direc- government agencies to simplify the process for VESTIGATION OFFICE. tor under paragraph (3)(A)(iii) in writing and issuing certificates of waiver or authorization Section 106 (as amended by this Act) is further retain records related to any further investiga- with respect to applications seeking authoriza- amended by adding at the end the following: tions or corrective actions taken in response to tion to operate public unmanned aircraft sys- ‘‘(t) AVIATION SAFETY WHISTLEBLOWER INVES- the recommendation. tems in the national airspace system. TIGATION OFFICE.— ‘‘(5) INCIDENT REPORTS.—If the Director deter- (2) CONTENTS.—The agreements shall— ‘‘(1) ESTABLISHMENT.—There is established in mines there is a substantial likelihood that a (A) with respect to an application described in the Federal Aviation Administration (in this violation of an order, a regulation, or any other paragraph (1)— subsection referred to as the ‘Agency’) an Avia- provision of Federal law relating to aviation (i) provide for an expedited review of the ap- tion Safety Whistleblower Investigation Office safety has occurred that requires immediate cor- plication; (in this subsection referred to as the ‘Office’). rective action, the Director shall report the po- (ii) require a decision by the Administrator on ‘‘(2) DIRECTOR.— tential violation expeditiously to the Adminis- approval or disapproval within 60 business days ‘‘(A) APPOINTMENT.—The head of the Office trator and the Inspector General of the Depart- of the date of submission of the application; and shall be the Director, who shall be appointed by ment of Transportation. (iii) allow for an expedited appeal if the appli- the Secretary of Transportation. ‘‘(6) REPORTING OF CRIMINAL VIOLATIONS TO cation is disapproved; ‘‘(B) QUALIFICATIONS.—The Director shall INSPECTOR GENERAL.—If the Director has rea- (B) allow for a one-time approval of similar have a demonstrated ability in investigations sonable grounds to believe that there has been a operations carried out during a fixed period of and knowledge of or experience in aviation. violation of Federal criminal law, the Director time; and ‘‘(C) TERM.—The Director shall be appointed shall report the violation expeditiously to the (C) allow a government public safety agency for a term of 5 years. Inspector General. to operate unmanned aircraft weighing 4.4 ‘‘(D) VACANCIES.—Any individual appointed ‘‘(7) ANNUAL REPORTS TO CONGRESS.—Not later pounds or less, if operated— to fill a vacancy in the position of the Director than October 1 of each year, the Director shall (i) within the line of sight of the operator; occurring before the expiration of the term for submit to Congress a report containing— (ii) less than 400 feet above the ground; which the individual’s predecessor was ap- ‘‘(A) information on the number of submis- (iii) during daylight conditions; pointed shall be appointed for the remainder of sions of complaints and information received by (iv) within Class G airspace; and that term. the Director under paragraph (3)(A)(i) in the (v) outside of 5 statute miles from any airport, ‘‘(3) COMPLAINTS AND INVESTIGATIONS.— preceding 12-month period; heliport, seaplane base, spaceport, or other loca- ‘‘(A) AUTHORITY OF DIRECTOR.—The Director ‘‘(B) summaries of those submissions; tion with aviation activities. shall— ‘‘(C) summaries of further investigations and SEC. 335. SAFETY STUDIES. ‘‘(i) receive complaints and information sub- corrective actions recommended in response to The Administrator of the Federal Aviation mitted by employees of persons holding certifi- the submissions; and Administration shall carry out all safety studies cates issued under title 14, Code of Federal Reg- ‘‘(D) summaries of the responses of the Ad- necessary to support the integration of un- ulations (if the certificate holder does not have ministrator to such recommendations.’’. manned aircraft systems into the national air- a similar in-house whistleblower or safety and SEC. 342. POSTEMPLOYMENT RESTRICTIONS FOR space system. regulatory noncompliance reporting process) FLIGHT STANDARDS INSPECTORS. SEC. 336. SPECIAL RULE FOR MODEL AIRCRAFT. and employees of the Agency concerning the (a) IN GENERAL.—Section 44711 is amended by (a) IN GENERAL.—Notwithstanding any other possible existence of an activity relating to a adding at the end the following: provision of law relating to the incorporation of violation of an order, a regulation, or any other ‘‘(d) POSTEMPLOYMENT RESTRICTIONS FOR unmanned aircraft systems into Federal Avia- provision of Federal law relating to aviation FLIGHT STANDARDS INSPECTORS.— tion Administration plans and policies, includ- safety; ‘‘(1) PROHIBITION.—A person holding an oper- ing this subtitle, the Administrator of the Fed- ‘‘(ii) assess complaints and information sub- ating certificate issued under title 14, Code of eral Aviation Administration may not promul- mitted under clause (i) and determine whether a Federal Regulations, may not knowingly em- gate any rule or regulation regarding a model substantial likelihood exists that a violation of ploy, or make a contractual arrangement that aircraft, or an aircraft being developed as a an order, a regulation, or any other provision of permits, an individual to act as an agent or rep- model aircraft, if— Federal law relating to aviation safety has oc- resentative of the certificate holder in any mat- (1) the aircraft is flown strictly for hobby or curred; and ter before the Federal Aviation Administration if recreational use; ‘‘(iii) based on findings of the assessment con- the individual, in the preceding 2-year period— (2) the aircraft is operated in accordance with ducted under clause (ii), make recommendations ‘‘(A) served as, or was responsible for over- a community-based set of safety guidelines and to the Administrator of the Agency, in writing, sight of, a flight standards inspector of the Ad- within the programming of a nationwide com- regarding further investigation or corrective ac- ministration; and munity-based organization; tions. ‘‘(B) had responsibility to inspect, or oversee (3) the aircraft is limited to not more than 55 ‘‘(B) DISCLOSURE OF IDENTITIES.—The Direc- inspection of, the operations of the certificate pounds unless otherwise certified through a de- tor shall not disclose the identity of an indi- holder. sign, construction, inspection, flight test, and vidual who submits a complaint or information ‘‘(2) WRITTEN AND ORAL COMMUNICATIONS.— operational safety program administered by a under subparagraph (A)(i) unless— For purposes of paragraph (1), an individual community-based organization; ‘‘(i) the individual consents to the disclosure shall be considered to be acting as an agent or (4) the aircraft is operated in a manner that in writing; or representative of a certificate holder in a matter does not interfere with and gives way to any ‘‘(ii) the Director determines, in the course of before the Administration if the individual manned aircraft; and an investigation, that the disclosure is required makes any written or oral communication on be- (5) when flown within 5 miles of an airport, by regulation, statute, or court order, or is oth- half of the certificate holder to the Administra- the operator of the aircraft provides the airport erwise unavoidable, in which case the Director tion (or any of its officers or employees) in con- operator and the airport air traffic control shall provide the individual reasonable ad- nection with a particular matter, whether or not tower (when an air traffic facility is located at vanced notice of the disclosure. involving a specific party and without regard to the airport) with prior notice of the operation ‘‘(C) INDEPENDENCE OF DIRECTOR.—The Sec- whether the individual has participated in, or (model aircraft operators flying from a perma- retary, the Administrator, or any officer or em- had responsibility for, the particular matter nent location within 5 miles of an airport should ployee of the Agency may not prevent or pro- while serving as a flight standards inspector of establish a mutually-agreed upon operating prohibit the Director from initiating, carrying out, the Administration.’’. cedure with the airport operator and the airport or completing any assessment of a complaint or (b) APPLICABILITY.—The amendment made by air traffic control tower (when an air traffic fa- information submitted under subparagraph subsection (a) shall not apply to an individual cility is located at the airport)). (A)(i) or from reporting to Congress on any such employed by a certificate holder as of the date (b) STATUTORY CONSTRUCTION.—Nothing in assessment. of enactment of this Act. this section shall be construed to limit the au- ‘‘(D) ACCESS TO INFORMATION.—In conducting SEC. 343. REVIEW OF AIR TRANSPORTATION thority of the Administrator to pursue enforce- an assessment of a complaint or information OVERSIGHT SYSTEM DATABASE. ment action against persons operating model submitted under subparagraph (A)(i), the Direc- (a) REVIEWS.—The Administrator of the Fed- aircraft who endanger the safety of the national tor shall have access to all records, reports, au- eral Aviation Administration shall establish a airspace system. dits, reviews, documents, papers, recommenda- process by which the air transportation over- (c) MODEL AIRCRAFT DEFINED.—In this sections, and other material of the Agency nec- sight system database of the Administration is tion, the term ‘‘model aircraft’’ means an un- essary to determine whether a substantial likeli- reviewed by regional teams of employees of the manned aircraft that is— hood exists that a violation of an order, a regu- Administration, including at least one employee (1) capable of sustained flight in the atmos- lation, or any other provision of Federal law re- on each team representing aviation safety in- phere; lating to aviation safety may have occurred. spectors, on a monthly basis to ensure that—

VerDate Sep 11 2014 12:49 Feb 24, 2017 Jkt 019102 PO 00000 Frm 00027 Fmt 0688 Sfmt 6333 E:\BR12\H01FE2.000 H01FE2 rmajette on DSK2TPTVN1PROD with BOUND RECORD 630 CONGRESSIONAL RECORD—HOUSE, Vol. 158, Pt. 1 February 1, 2012 (1) any trends in regulatory compliance are SEC. 345. DUTY PERIODS AND FLIGHT TIME LIMI- trator shall submit a report on the implementa- identified; and TATIONS APPLICABLE TO FLIGHT tion of this section to— (2) appropriate corrective actions are taken in CREWMEMBERS. (1) the Committee on Commerce, Science, and accordance with Administration regulations, ad- (a) RULEMAKING ON APPLICABILITY OF PART Transportation of the Senate; and visory directives, policies, and procedures. 121 DUTY PERIODS AND FLIGHT TIME LIMITA- (2) the Committee on Transportation and In- (b) MONTHLY TEAM REPORTS.— TIONS TO PART 91 OPERATIONS.—Not later than frastructure of the House of Representatives. 180 days after the date of enactment of this Act, (1) IN GENERAL.—A regional team of employees TITLE IV—AIR SERVICE IMPROVEMENTS conducting a monthly review of the air trans- the Administrator of the Federal Aviation Ad- ministration shall initiate a rulemaking pro- Subtitle A—Passenger Air Service portation oversight system database under sub- Improvements section (a) shall submit to the Administrator, ceeding, if such a proceeding has not already the Associate Administrator for Aviation Safety, been initiated, to require a flight crewmember SEC. 401. SMOKING PROHIBITION. and the Director of Flight Standards Service a who is employed by an air carrier conducting (a) IN GENERAL.—Section 41706 is amended— report each month on the results of the review. operations under part 121 of title 14, Code of (1) in the section heading by striking ‘‘sched- Federal Regulations, and who accepts an addi- ’’ and inserting ‘‘ ’’; and (2) CONTENTS.—A report submitted under uled passenger tional assignment for flying under part 91 of paragraph (1) shall identify— (2) by striking subsections (a) and (b) and in- such title from the air carrier or from any other serting the following: (A) any trends in regulatory compliance dis- air carrier conducting operations under part 121 ‘‘(a) SMOKING PROHIBITION IN INTERSTATE AND covered by the team of employees in conducting or 135 of such title, to apply the period of the INTRASTATE AIR TRANSPORTATION.—An indi- the monthly review; and additional assignment (regardless of whether vidual may not smoke— (B) any corrective actions taken or proposed the assignment is performed by the flight crew- ‘‘(1) in an aircraft in scheduled passenger to be taken in response to the trends. member before or after an assignment to fly interstate or intrastate air transportation; or (c) BIANNUAL REPORTS TO CONGRESS.—The under part 121 of such title) toward any limita- ‘‘(2) in an aircraft in nonscheduled passenger Administrator, on a biannual basis, shall submit tion applicable to the flight crewmember relating interstate or intrastate air transportation, if a to the Committee on Transportation and Infra- to duty periods or flight times under part 121 of flight attendant is a required crewmember on structure of the House of Representatives and such title. the aircraft (as determined by the Administrator the Committee on Commerce, Science, and (b) RULEMAKING ON APPLICABILITY OF PART of the Federal Aviation Administration). Transportation of the Senate a report on the re- 135 DUTY PERIODS AND FLIGHT TIME LIMITA- ‘‘(b) SMOKING PROHIBITION IN FOREIGN AIR sults of the reviews of the air transportation TIONS TO PART 91 OPERATIONS.—Not later than TRANSPORTATION.—The Secretary of Transpor- oversight system database conducted under this 1 year after the date of enactment of this Act, tation shall require all air carriers and foreign section, including copies of reports received the Administrator shall initiate a rulemaking air carriers to prohibit smoking— under subsection (b). proceeding to require a flight crewmember who ‘‘(1) in an aircraft in scheduled passenger for- SEC. 344. IMPROVED VOLUNTARY DISCLOSURE is employed by an air carrier conducting oper- eign air transportation; and REPORTING SYSTEM. ations under part 135 of title 14, Code of Federal ‘‘(2) in an aircraft in nonscheduled passenger (a) VOLUNTARY DISCLOSURE REPORTING PRO- Regulations, and who accepts an additional as- foreign air transportation, if a flight attendant GRAM DEFINED.—In this section, the term ‘‘Vol- signment for flying under part 91 of such title is a required crewmember on the aircraft (as de- untary Disclosure Reporting Program’’ means from the air carrier or any other air carrier con- termined by the Administrator or a foreign gov- the program established by the Federal Aviation ducting operations under part 121 or 135 of such ernment).’’. Administration through Advisory Circular 00– title, to apply the period of the additional as- (b) CLERICAL AMENDMENT.—The analysis for 58A, dated September 8, 2006, including any sub- signment (regardless of whether the assignment chapter 417 is amended by striking the item re- sequent revisions thereto. is performed by the flight crewmember before or lating to section 41706 and inserting the fol- (b) VERIFICATION.—The Administrator of the after an assignment to fly under part 135 of lowing: Federal Aviation Administration shall modify such title) toward any limitation applicable to ‘‘41706. Prohibitions against smoking on pas- the Voluntary Disclosure Reporting Program to the flight crewmember relating to duty periods senger flights.’’. require inspectors to— or flight times under part 135 of such title. SEC. 402. MONTHLY AIR CARRIER REPORTS. (1) verify that air carriers are implementing (c) SEPARATE RULEMAKING PROCEEDINGS RE- (a) IN GENERAL.—Section 41708 is amended by comprehensive solutions to correct the under- QUIRED.—The rulemaking proceeding required adding at the end the following: lying causes of the violations voluntarily dis- under subsection (b) shall be separate from the ‘‘(c) DIVERTED AND CANCELLED FLIGHTS.— closed by such air carriers; and rulemaking proceeding required under sub- ‘‘(1) MONTHLY REPORTS.—The Secretary shall (2) confirm, before approving a final report of section (a). require an air carrier referred to in paragraph a violation, that a violation with the same root SEC. 346. CERTAIN EXISTING FLIGHT TIME LIMI- (2) to file with the Secretary a monthly report causes, has not been previously discovered by TATIONS AND REST REQUIREMENTS. on each flight of the air carrier that is diverted an inspector or self-disclosed by the air carrier. The Administrator of the Federal Aviation from its scheduled destination to another airport (c) SUPERVISORY REVIEW OF VOLUNTARY SELF- Administration may not finalize the interpreta- and each flight of the air carrier that departs DISCLOSURES.—The Administrator shall establish tion proposed in Docket No. FAA–2010–1259, re- the gate at the airport at which the flight origi- a process by which voluntary self-disclosures relating to rest requirements, and published in the nates but is cancelled before wheels-off time. ceived from air carriers are reviewed and ap- Federal Register on December 23, 2010. ‘‘(2) APPLICABILITY.—An air carrier that is re- proved by a supervisor after the initial review SEC. 347. EMERGENCY LOCATOR TRANSMITTERS quired to file a monthly airline service quality by an inspector. ON GENERAL AVIATION AIRCRAFT. performance report pursuant to part 234 of title (d) INSPECTOR GENERAL STUDY.— (a) INSPECTION.—As part of the annual in- 14, Code of Federal Regulations, shall be subject (1) IN GENERAL.—The Inspector General of the spection of general aviation aircraft, the Admin- to the requirement of paragraph (1). Department of Transportation shall conduct a istrator of the Federal Aviation Administration ‘‘(3) CONTENTS.—A monthly report filed by an study of the Voluntary Disclosure Reporting shall require a detailed inspection of each emer- air carrier under paragraph (1) shall include, at Program. gency locator transmitter (in this section re- a minimum, the following information: (2) REVIEW.—In conducting the study, the In- ferred to as an ‘‘ELT’’) installed in general ‘‘(A) For a diverted flight— spector General shall examine, at a minimum, if aviation aircraft operating in the United States ‘‘(i) the flight number of the diverted flight; the Administration— to ensure that the ELT is mounted and retained ‘‘(ii) the scheduled destination of the flight; (A) conducts comprehensive reviews of vol- in accordance with the manufacturer’s speci- ‘‘(iii) the date and time of the flight; untary disclosure reports before closing a vol- fications. ‘‘(iv) the airport to which the flight was di- untary disclosure report under the provisions of (b) MOUNTING AND RETENTION.— verted; the program; (1) IN GENERAL.—Not later than 90 days after ‘‘(v) wheels-on time at the diverted airport; (B) evaluates the effectiveness of corrective the date of enactment of this Act, the Adminis- ‘‘(vi) the time, if any, passengers deplaned the actions taken by air carriers; and trator shall determine if the ELT mounting re- aircraft at the diverted airport; and (C) effectively prevents abuse of the voluntary quirements and retention tests specified by ‘‘(vii) if the flight arrives at the scheduled disclosure reporting program through its sec- Technical Standard Orders C91a and C126 are destination airport— ondary review of self-disclosures before they are adequate to assess retention capabilities in ELT ‘‘(I) the gate-departure time at the diverted accepted and closed by the Administration. designs. airport; (3) REPORT TO CONGRESS.—Not later than 1 (2) REVISION.—Based on the determination ‘‘(II) the wheels-off time at the diverted air- year after the date of enactment of this Act, the under paragraph (1), the Administrator shall port; Inspector General shall submit to the Committee make any necessary revisions to the require- ‘‘(III) the wheels-on time at the scheduled ar- on Transportation and Infrastructure of the ments and retention tests referred to in para- rival airport; and House of Representatives and Committee on graph (1) to ensure that ELTs are properly re- ‘‘(IV) the gate-arrival time at the scheduled Commerce, Science, and Transportation of the tained in the event of an aircraft accident. arrival airport. Senate a report on the results of the study con- (c) REPORT.—Upon the completion of any re- ‘‘(B) For flights cancelled after gate depar- ducted under this section. visions under subsection (b)(2), the Adminis- ture—

VerDate Sep 11 2014 12:49 Feb 24, 2017 Jkt 019102 PO 00000 Frm 00028 Fmt 0688 Sfmt 6333 E:\BR12\H01FE2.000 H01FE2 rmajette on DSK2TPTVN1PROD with BOUND RECORD February 1, 2012 CONGRESSIONAL RECORD—HOUSE, Vol. 158, Pt. 1 631 ‘‘(i) the flight number of the cancelled flight; Secretary shall issue final regulations to carry (1) the need for an update on delay and can- ‘‘(ii) the scheduled origin and destination air- out subsection (a). cellation statistics, including with respect to the ports of the cancelled flight; ‘‘(c) EFFECTIVE DATE.—The requirements of number of chronically delayed flights and taxi- ‘‘(iii) the date and time of the cancelled flight; this section shall become effective on the date of in and taxi-out times; ‘‘(iv) the gate-departure time of the cancelled issuance of the final regulations under sub- (2) air carriers’ scheduling practices; flight; and section (b).’’. (3) the need for a reexamination of capacity ‘‘(v) the time the aircraft returned to the gate. (b) CONFORMING AMENDMENT.—The analysis benchmarks at the Nation’s busiest airports; ‘‘(4) PUBLICATION.—The Secretary shall com- for such subchapter is amended by adding at (4) the impact of flight delays and cancella- pile the information provided in the monthly re- the end the following: tions on air travelers, including recommenda- ports filed pursuant to paragraph (1) in a single ‘‘41724. Musical instruments.’’. tions for programs that could be implemented to monthly report and publish such report on the SEC. 404. EXTENSION OF COMPETITIVE ACCESS address the impact of flight delays on air trav- Internet Web site of the Department of Trans- REPORTS. elers; portation.’’. Section 47107(s)(3) is amended to read as fol- (5) the effect that limited air carrier service (b) EFFECTIVE DATE.—Beginning not later lows: options on routes have on the frequency of than 90 days after the date of enactment of this ‘‘(3) SUNSET PROVISION.—This subsection shall delays and cancellations on such routes; Act, the Secretary of Transportation shall re- cease to be effective beginning October 1, 2015.’’. (6) the effect of the rules and regulations of quire monthly reports pursuant to the amend- SEC. 405. AIRFARES FOR MEMBERS OF THE the Department of Transportation on the deci- ment made by subsection (a). ARMED FORCES. sions of air carriers to delay or cancel flights; SEC. 403. MUSICAL INSTRUMENTS. (a) FINDINGS.—Congress finds that— and (a) IN GENERAL.—Subchapter I of chapter 417 (1) the Armed Forces is comprised of approxi- (7) the impact of flight delays and cancella- is amended by adding at the end the following: mately 1,450,000 members who are stationed on tions on the airline industry. (c) REPORT TO CONGRESS.—Not later than 1 ‘‘§ 41724. Musical instruments active duty at more than 6,000 military bases in 146 different countries; year after the date of enactment of this Act, the ‘‘(a) IN GENERAL.— (2) the United States is indebted to the mem- Inspector General shall submit to the Committee ‘‘(1) SMALL INSTRUMENTS AS CARRY-ON BAG- bers of the Armed Forces, many of whom are in on Transportation and Infrastructure of the GAGE.—An air carrier providing air transpor- grave danger due to their engagement in, or ex- House of Representatives and the Committee on tation shall permit a passenger to carry a violin, posure to, combat; Commerce, Science, and Transportation of the guitar, or other musical instrument in the air- (3) military service, especially in the current Senate a report on the results of the review con- craft cabin, without charging the passenger a war against terrorism, often requires members of ducted under this section, including the assess- fee in addition to any standard fee that carrier the Armed Forces to be separated from their ments described in subsection (b). may require for comparable carry-on baggage, families on short notice, for long periods of time, SEC. 407. COMPENSATION FOR DELAYED BAG- if— and under very stressful conditions; GAGE. ‘‘(A) the instrument can be stowed safely in a (4) the unique demands of military service (a) STUDY.—The Comptroller General of the suitable baggage compartment in the aircraft often preclude members of the Armed Forces United States shall conduct a study to— cabin or under a passenger seat, in accordance from purchasing discounted advance airline (1) examine delays in the delivery of checked with the requirements for carriage of carry-on tickets in order to visit their loved ones at home; baggage to passengers of air carriers; and baggage or cargo established by the Adminis- and (2) assess the options for and examine the im- trator; and (5) it is the patriotic duty of the people of the pact of establishing minimum standards to com- ‘‘(B) there is space for such stowage at the United States to support the members of the pensate a passenger in the case of an unreason- time the passenger boards the aircraft. Armed Forces who are defending the Nation’s able delay in the delivery of checked baggage. ‘‘(2) LARGER INSTRUMENTS AS CARRY-ON BAG- interests around the world at great personal (b) CONSIDERATION.—In conducting the study, GAGE.—An air carrier providing air transpor- sacrifice. the Comptroller General shall take into account tation shall permit a passenger to carry a musi- (b) SENSE OF CONGRESS.—It is the sense of the additional fees for checked baggage that are cal instrument that is too large to meet the re- Congress that— imposed by many air carriers and how the addi- quirements of paragraph (1) in the aircraft (1) all United States commercial air carriers tional fees should improve an air carrier’s bag- cabin, without charging the passenger a fee in should seek to lend their support with flexible, gage performance. addition to the cost of the additional ticket de- generous policies applicable to members of the (c) REPORT TO CONGRESS.—Not later than 180 scribed in subparagraph (E), if— Armed Forces who are traveling on leave or lib- days after the date of enactment of this Act, the ‘‘(A) the instrument is contained in a case or erty at their own expense; and Comptroller General shall transmit to Congress covered so as to avoid injury to other pas- (2) each United States air carrier, for all mem- a report on the results of the study. sengers; bers of the Armed Forces who have been granted SEC. 408. DOT AIRLINE CONSUMER COMPLAINT ‘‘(B) the weight of the instrument, including leave or liberty and who are traveling by air at INVESTIGATIONS. the case or covering, does not exceed 165 pounds their own expense, should— The Secretary of Transportation may inves- or the applicable weight restrictions for the air- (A) seek to provide reduced air fares that are tigate consumer complaints regarding— craft; comparable to the lowest airfare for ticketed (1) flight cancellations; ‘‘(C) the instrument can be stowed in accord- flights and that eliminate to the maximum ex- (2) compliance with Federal regulations con- ance with the requirements for carriage of tent possible advance purchase requirements; cerning overbooking seats on flights; carry-on baggage or cargo established by the (B) seek to eliminate change fees or charges (3) lost, damaged, or delayed baggage, and Administrator; and any penalties; difficulties with related airline claims proce- ‘‘(D) neither the instrument nor the case con- (C) seek to eliminate or reduce baggage and dures; tains any object not otherwise permitted to be excess weight fees; (4) problems in obtaining refunds for unused carried in an aircraft cabin because of a law or (D) offer flexible terms that allow members to or lost tickets or fare adjustments; regulation of the United States; and purchase, modify, or cancel tickets without time (5) incorrect or incomplete information about ‘‘(E) the passenger wishing to carry the in- restrictions, and to waive fees (including bag- fares, discount fare conditions and availability, strument in the aircraft cabin has purchased an gage fees), ancillary costs, or penalties; and overcharges, and fare increases; additional seat to accommodate the instrument. (E) seek to take proactive measures to ensure (6) the rights of passengers who hold frequent ‘‘(3) LARGE INSTRUMENTS AS CHECKED BAG- that all airline employees, particularly those flyer miles or equivalent redeemable awards GAGE.—An air carrier shall transport as baggage who issue tickets and respond to members of the earned through customer-loyalty programs; and a musical instrument that is the property of a Armed Forces and their family members, are (7) deceptive or misleading advertising. passenger traveling in air transportation that trained in the policies of the airline aimed at SEC. 409. STUDY OF OPERATORS REGULATED may not be carried in the aircraft cabin if— benefitting members of the Armed Forces who UNDER PART 135. ‘‘(A) the sum of the length, width, and height are on leave or liberty. (a) STUDY REQUIRED.—The Administrator of measured in inches of the outside linear dimen- SEC. 406. REVIEW OF AIR CARRIER FLIGHT the Federal Aviation Administration, in con- sions of the instrument (including the case) does DELAYS, CANCELLATIONS, AND AS- sultation with interested parties, shall conduct not exceed 150 inches or the applicable size re- SOCIATED CAUSES. a study of operators regulated under part 135 of strictions for the aircraft; (a) REVIEW.—The Inspector General of the title 14, Code of Federal Regulations. ‘‘(B) the weight of the instrument does not ex- Department of Transportation shall conduct a (b) CONTENTS.—In conducting the study under ceed 165 pounds or the applicable weight restric- review regarding air carrier flight delays, can- subsection (a), the Administrator shall analyze tions for the aircraft; and cellations, and associated causes to update the the part 135 fleet in the United States, which ‘‘(C) the instrument can be stowed in accord- 2000 report numbered CR–2000–112 and titled shall include analysis of— ance with the requirements for carriage of ‘‘Audit of Air Carrier Flight Delays and Can- (1) the size and type of aircraft in the fleet; carry-on baggage or cargo established by the cellations’’. (2) the equipment utilized by the fleet; Administrator. (b) ASSESSMENTS.—In conducting the review (3) the hours flown each year by the fleet; ‘‘(b) REGULATIONS.—Not later than 2 years under subsection (a), the Inspector General (4) the utilization rates with respect to the after the date of enactment of this section, the shall assess— fleet;

VerDate Sep 11 2014 12:49 Feb 24, 2017 Jkt 019102 PO 00000 Frm 00029 Fmt 0688 Sfmt 6333 E:\BR12\H01FE2.000 H01FE2 rmajette on DSK2TPTVN1PROD with BOUND RECORD 632 CONGRESSIONAL RECORD—HOUSE, Vol. 158, Pt. 1 February 1, 2012 (5) the safety record of various categories of tions for the improvement of such programs, if ‘‘(A) the application of sections 49104(a)(5), use and aircraft types with respect to the fleet, needed; and 49109, and 41714 to air carriers to operate limited through a review of the database of the Na- (2) providing recommendations for estab- frequencies and aircraft on routes between Ron- tional Transportation Safety Board; lishing additional aviation consumer protection ald Reagan Washington National Airport and (6) the sales revenues of the fleet; and programs, if needed. airports located beyond the perimeter described (7) the number of passengers and airports (g) REPORT TO CONGRESS.—Not later than in section 49109; and served by the fleet. February 1 of each of the first 2 calendar years ‘‘(B) the requirements of subparts K and S of (c) REPORT TO CONGRESS.—Not later than 18 beginning after the date of enactment of this part 93, Code of Federal Regulations. months after the date of enactment of this Act, Act, the Secretary shall transmit to Congress a ‘‘(2) NEW ENTRANTS AND LIMITED INCUM- the Administrator shall submit to the Committee report containing— BENTS.—Of the slot exemptions made available on Transportation and Infrastructure of the (1) the recommendations made by the advisory under paragraph (1), the Secretary shall make 8 House of Representatives and the Committee on committee during the preceding calendar year; available to limited incumbent air carriers or Commerce, Science, and Transportation of the and new entrant air carriers (as such terms are de- Senate a report on the results of the study con- (2) an explanation of how the Secretary has fined in section 41714(h)). Such exemptions shall ducted under subsection (a). implemented each recommendation and, for each be allocated pursuant to the application process SEC. 410. USE OF CELL PHONES ON PASSENGER recommendation not implemented, the Sec- established by the Secretary under subsection AIRCRAFT. retary’s reason for not implementing the rec- (d). The Secretary shall consider the extent to (a) CELL PHONE STUDY.—Not later than 120 ommendation. which the exemptions will— days after the date of enactment of this Act, the (h) TERMINATION.—The advisory committee es- ‘‘(A) provide air transportation with domestic Administrator of the Federal Aviation Adminis- tablished under this section shall terminate on network benefits in areas beyond the perimeter tration shall conduct a study on the impact of September 30, 2015. described in section 49109; the use of cell phones for voice communications SEC. 412. DISCLOSURE OF SEAT DIMENSIONS TO ‘‘(B) increase competition in multiple markets; in an aircraft during a flight in scheduled pas- FACILITATE THE USE OF CHILD ‘‘(C) not reduce travel options for communities senger air transportation where currently per- SAFETY SEATS ON AIRCRAFT. served by small hub airports and medium hub mitted by foreign governments in foreign air Not later than 1 year after the date of enact- airports within the perimeter described in sec- transportation. ment of this Act, the Administrator of the Fed- tion 49109; (b) CONTENTS.—The study shall include— eral Aviation Administration shall initiate a ‘‘(D) not result in meaningfully increased (1) a review of foreign government and air rulemaking to require each air carrier operating travel delays; carrier policies on the use of cell phones during under part 121 of title 14, Code of Federal Regu- ‘‘(E) enhance options for nonstop travel to flight; lations, to post on the Internet Web site of the and from the beyond-perimeter airports that will (2) a review of the extent to which passengers air carrier the maximum dimensions of a child be served as a result of those exemptions; use cell phones for voice communications during safety seat that can be used on each aircraft op- ‘‘(F) have a positive impact on the overall flight; and erated by the air carrier to enable passengers to level of competition in the markets that will be (3) a summary of any impacts of cell phone determine which child safety seats can be used served as a result of those exemptions; or use during flight on safety, the quality of the on those aircraft. ‘‘(G) produce public benefits, including the flight experience of passengers, and flight at- SEC. 413. SCHEDULE REDUCTION. likelihood that the service to airports located be- tendants. (a) IN GENERAL.—If the Administrator of the yond the perimeter described in section 49109 (c) COMMENT PERIOD.—Not later than 180 Federal Aviation Administration determines will result in lower fares, higher capacity, and days after the date of enactment of this Act, the that— a variety of service options. Administrator shall publish in the Federal Reg- (1) the aircraft operations of air carriers dur- ‘‘(3) IMPROVED NETWORK SLOTS.—Of the slot ister the results of the study and allow 60 days ing any hour at an airport exceed the hourly exemptions made available under paragraph (1), for public comment. maximum departure and arrival rate established the Secretary shall make 8 available to incum- (d) CELL PHONE REPORT.—Not later than 270 by the Administrator for such operations; and bent air carriers qualifying for status as a non- days after the date of enactment of this Act, the (2) the operations in excess of the maximum limited incumbent carrier at Ronald Reagan Administrator shall submit to the Committee on departure and arrival rate for such hour at such Washington National Airport as of the date of Transportation and Infrastructure of the House airport are likely to have a significant adverse enactment of the FAA Modernization and Re- of Representatives and the Committee on Com- effect on the safe and efficient use of navigable form Act of 2012. Each such non-limited incum- merce, Science, and Transportation of the Sen- airspace, bent air carrier— ate a report on the results of the study. the Administrator shall convene a meeting of ‘‘(A) may operate up to a maximum of 2 of the SEC. 411. ESTABLISHMENT OF ADVISORY COM- such carriers to reduce pursuant to section 41722 newly authorized slot exemptions; MITTEE FOR AVIATION CONSUMER of title 49, United States Code, on a voluntary ‘‘(B) prior to exercising an exemption made PROTECTION. basis, the number of such operations so as not available under paragraph (1), shall discontinue (a) IN GENERAL.—The Secretary of Transpor- to exceed the maximum departure and arrival the use of a slot for service between Ronald tation shall establish an advisory committee for rate. Reagan Washington National Airport and a aviation consumer protection to advise the Sec- (b) NO AGREEMENT.—If the air carriers par- large hub airport within the perimeter as de- retary in carrying out activities relating to air- ticipating in a meeting with respect to an air- scribed in section 49109, and operate, in place of line customer service improvements. port under subsection (a) are not able to agree such service, service between Ronald Reagan (b) MEMBERSHIP.—The Secretary shall ap- to a reduction in the number of flights to and Washington National Airport and an airport lo- point the members of the advisory committee, from the airport so as not to exceed the max- cated beyond the perimeter described in section which shall be comprised of one representative imum departure and arrival rate, the Adminis- 49109; each of— trator shall take such action as is necessary to ‘‘(C) shall be entitled to return of the slot by (1) air carriers; ensure such reduction is implemented. the Secretary if use of the exemption made (2) airport operators; (c) SUBSEQUENT SCHEDULE INCREASES.—Subse- available to the carrier under paragraph (1) is (3) State or local governments with expertise quent to any reduction in operations under sub- discontinued; in consumer protection matters; and section (a) or (b) at an airport, if the Adminis- ‘‘(D) shall have sole discretion concerning the (4) nonprofit public interest groups with ex- trator determines that the hourly number of air- use of an exemption made available under para- pertise in consumer protection matters. craft operations at that airport is less than the graph (1), including the initial or any subse- (c) VACANCIES.—A vacancy in the advisory amount that can be handled safely and effi- quent beyond perimeter destinations to be committee shall be filled in the manner in which ciently, the Administrator shall ensure that pri- served; and the original appointment was made. ority is given to United States air carriers in ‘‘(E) shall file a notice of intent with the Sec- (d) TRAVEL EXPENSES.—Members of the advi- permitting additional aircraft operations with retary and subsequent notices of intent, when sory committee shall serve without pay but shall respect to that hour. appropriate, to inform the Secretary of any receive travel expenses, including per diem in SEC. 414. RONALD REAGAN WASHINGTON NA- change in circumstances concerning the use of lieu of subsistence, in accordance with sub- TIONAL AIRPORT SLOT EXEMP- any exemption made available under paragraph chapter I of chapter 57 of title 5, United States TIONS. (1). Code. (a) INCREASE IN NUMBER OF SLOT EXEMP- ‘‘(4) NOTICES OF INTENT.—Notices of intent (e) CHAIRPERSON.—The Secretary shall des- TIONS.—Section 41718 is amended by adding at under paragraph (3)(E) shall specify the beyond ignate, from among the individuals appointed the end the following: perimeter destination to be served and the slots under subsection (b), an individual to serve as ‘‘(g) ADDITIONAL SLOT EXEMPTIONS.— the carrier shall discontinue using to serve a chairperson of the advisory committee. ‘‘(1) INCREASE IN SLOT EXEMPTIONS.—Not later large hub airport located within the perimeter. (f) DUTIES.—The duties of the advisory com- than 90 days after the date of enactment of the ‘‘(5) CONDITIONS.—Beyond-perimeter flight mittee shall include— FAA Modernization and Reform Act of 2012, the operations carried out by an air carrier using an (1) evaluating existing aviation consumer pro- Secretary shall grant, by order 16 exemptions exemption granted under this subsection shall tection programs and providing recommenda- from— be subject to the following conditions:

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‘‘(A) An air carrier may not operate a multi- ‘‘CHAPTER 423—PASSENGER AIR SERVICE ‘‘(d) UPDATES.— aisle or widebody aircraft in conducting such IMPROVEMENTS ‘‘(1) AIR CARRIERS.—An air carrier shall up- operations. ‘‘Sec. date each emergency contingency plan sub- ‘‘(B) An air carrier granted an exemption ‘‘42301. Emergency contingency plans. mitted by the carrier under subsection (a) every under this subsection is prohibited from trans- ‘‘42302. Consumer complaints. 3 years and submit the update to the Secretary ferring the rights to its beyond-perimeter exemp- ‘‘42303. Use of insecticides in passenger aircraft. for review and approval. tions pursuant to section 41714(j). ‘‘§ 42301. Emergency contingency plans ‘‘(2) AIRPORTS.—An airport operator shall up- ‘‘(h) SCHEDULING PRIORITY.—In administering date each emergency contingency plan sub- this section, the Secretary shall— ‘‘(a) SUBMISSION OF AIR CARRIER AND AIR- mitted by the operator under subsection (a) ‘‘(1) afford a scheduling priority to operations PORT PLANS.—Not later than 90 days after the every 5 years and submit the update to the Sec- conducted by new entrant air carriers and lim- date of enactment of this section, each of the retary for review and approval. following air carriers and airport operators shall ited incumbent air carriers over operations con- ‘‘(e) APPROVAL.— ducted by other air carriers granted additional submit to the Secretary of Transportation for re- ‘‘(1) IN GENERAL.—Not later than 60 days after slot exemptions under subsection (g) for service view and approval an emergency contingency the date of the receipt of an emergency contin- to airports located beyond the perimeter de- plan in accordance with the requirements of this gency plan submitted under subsection (a) or an scribed in section 49109; section: update submitted under subsection (d), the Sec- ‘‘(2) afford a scheduling priority to slot ex- ‘‘(1) An air carrier providing covered air retary shall review and approve or, if necessary, emptions currently held by new entrant air car- transportation at a commercial airport. require modifications to the plan or update to riers and limited incumbent air carriers for serv- ‘‘(2) An operator of a commercial airport. ensure that the plan or update will effectively ice to airports located beyond the perimeter de- ‘‘(3) An operator of an airport used by an air address emergencies and provide for the health scribed in section 49109, to the extent necessary carrier described in paragraph (1) for diversions. and safety of passengers. to protect viability of such service; and ‘‘(b) AIR CARRIER PLANS.— ‘‘(2) FAILURE TO APPROVE OR REQUIRE MODI- ‘‘(3) consider applications from foreign air ‘‘(1) PLANS FOR INDIVIDUAL AIRPORTS.—An air FICATIONS.—If the Secretary fails to approve or carriers that are certificated by the government carrier shall submit an emergency contingency require modifications to a plan or update under of Canada if such consideration is required by plan under subsection (a) for— paragraph (1) within the timeframe specified in the bilateral aviation agreement between the ‘‘(A) each airport at which the carrier pro- that paragraph, the plan or update shall be United States and Canada and so long as the vides covered air transportation; and deemed to be approved. conditions and limitations under this section ‘‘(B) each airport at which the carrier has ‘‘(3) ADHERENCE REQUIRED.—An air carrier or apply to such foreign air carriers.’’. flights for which the carrier has primary respon- airport operator shall adhere to an emergency (b) HOURLY LIMITATION.—Section 41718(c)(2) sibility for inventory control. contingency plan of the carrier or operator ap- is amended to read as follows: ‘‘(2) CONTENTS.—An emergency contingency proved under this section. ‘‘(2) GENERAL EXEMPTIONS.— plan submitted by an air carrier for an airport ‘‘(f) MINIMUM STANDARDS.—The Secretary ‘‘(A) HOURLY LIMITATION.—The exemptions under subsection (a) shall contain a description granted— shall establish, as necessary or desirable, min- of how the carrier will— ‘‘(i) under subsections (a) and (b) and depar- imum standards for elements in an emergency ‘‘(A) provide adequate food, potable water, tures authorized under subsection (g)(2) may contingency plan required to be submitted under restroom facilities, comfortable cabin tempera- not be for operations between the hours of 10:00 this section. tures, and access to medical treatment for pas- p.m. and 7:00 a.m.; and ‘‘(g) PUBLIC ACCESS.—An air carrier or airport sengers onboard an aircraft at the airport when ‘‘(ii) under subsections (a), (b), and (g) may operator required to submit an emergency con- the departure of a flight is delayed or the disem- not increase the number of operations at Ronald tingency plan under this section shall ensure barkation of passengers is delayed; Reagan Washington National Airport in any 1- public access to the plan after its approval ‘‘(B) share facilities and make gates available hour period during the hours between 7:00 a.m. under this section on the Internet Web site of at the airport in an emergency; and and 9:59 p.m. by more than 5 operations. the carrier or operator or by such other means ‘‘(C) allow passengers to deplane following an ‘‘(B) USE OF EXISTING SLOTS.—A non-limited as determined by the Secretary. excessive tarmac delay in accordance with para- incumbent air carrier utilizing an exemption au- ‘‘(h) REPORTS.—Not later than 30 days after graph (3). thorized under subsection (g)(3) for an arrival any flight experiences an excessive tarmac ‘‘(3) DEPLANING FOLLOWING AN EXCESSIVE permitted between the hours of 10:01 p.m. and delay, the air carrier responsible for such flight TARMAC DELAY.—For purposes of paragraph 11:00 p.m. under this section shall discontinue shall submit a written description of the inci- (2)(C), an emergency contingency plan sub- use of an existing slot during the same time pe- dent and its resolution to the Aviation Con- mitted by an air carrier under subsection (a) riod the arrival exemption is operated.’’. sumer Protection Division of the Department of (c) LIMITED INCUMBENT DEFINITION.—Section shall incorporate the following requirements: Transportation. 41714(h)(5) is amended— ‘‘(A) A passenger shall have the option to ‘‘(i) DEFINITIONS.—In this section, the fol- (1) in subparagraph (A) by striking ‘‘20’’ and deplane an aircraft and return to the airport lowing definitions apply: inserting ‘‘40’’; terminal when there is an excessive tarmac ‘‘(1) COMMERCIAL AIRPORT.—The term ‘com- (2) by amending subparagraph (B) to read as delay. mercial airport’ means a large hub, medium hub, follows: ‘‘(B) The option described in subparagraph small hub, or nonhub airport. ‘‘(B) for purposes of such sections, the term (A) shall be offered to a passenger even if a ‘‘(2) COVERED AIR TRANSPORTATION.—The ‘slot’ shall not include— flight in covered air transportation is diverted to term ‘covered air transportation’ means sched- ‘‘(i) ‘slot exemptions’; a commercial airport other than the originally uled or public charter passenger air transpor- ‘‘(ii) slots operated by an air carrier under a scheduled airport. tation provided by an air carrier that operates fee-for-service arrangement for another air car- ‘‘(C) Notwithstanding the requirements dean aircraft that as originally designed has a rier, if the air carrier operating such slots does scribed in subparagraphs (A) and (B), a pas- passenger capacity of 30 or more seats. not sell flights in its own name, and is under senger shall not have an option to deplane an ‘‘(3) TARMAC DELAY.—The term ‘tarmac delay’ common ownership with an air carrier that aircraft and return to the airport terminal in means the period during which passengers are seeks to qualify as a limited incumbent and that the case of an excessive tarmac delay if— on board an aircraft on the tarmac— sells flights in its own name; or ‘‘(i) an air traffic controller with authority ‘‘(iii) slots held under a sale and license-back ‘‘(A) awaiting takeoff after the aircraft doors over the aircraft advises the pilot in command financing arrangement with another air carrier, have been closed or after passengers have been that permitting a passenger to deplane would where the slots are under the marketing control boarded if the passengers have not been advised significantly disrupt airport operations; or they are free to deplane; or of the other air carrier; and’’. ‘‘(ii) the pilot in command determines that (d) TRANSFER OF EXEMPTIONS.—Section ‘‘(B) awaiting deplaning after the aircraft has permitting a passenger to deplane would jeop- 41714(j) is amended by striking the period at the landed. ardize passenger safety or security. end and inserting ‘‘, except through an air car- ‘‘(4) EXCESSIVE TARMAC DELAY.—The term ‘ex- ‘‘(c) AIRPORT PLANS.—An emergency contin- rier merger or acquisition.’’. cessive tarmac delay’ means a tarmac delay that gency plan submitted by an airport operator (e) DEFINITION OF AIRPORT PURPOSES.—Sec- lasts for a length of time, as determined by the under subsection (a) shall contain a description tion 49104(a)(2)(A) is amended— Secretary. (1) in clause (ii) by striking ‘‘or’’ at the end; of how the operator, to the maximum extent (2) in clause (iii) by striking the period at the practicable, will— ‘‘§ 42302. Consumer complaints end and inserting ‘‘; or’’; and ‘‘(1) provide for the deplanement of passengers ‘‘(a) IN GENERAL.—The Secretary of Transpor- (3) by adding at the end the following: following excessive tarmac delays; tation shall establish a consumer complaints ‘‘(iv) a business or activity not inconsistent ‘‘(2) provide for the sharing of facilities and toll-free hotline telephone number for the use of with the needs of aviation that has been ap- make gates available at the airport in an emer- passengers in air transportation and shall take proved by the Secretary.’’. gency; and actions to notify the public of— SEC. 415. PASSENGER AIR SERVICE IMPROVE- ‘‘(3) provide a sterile area following excessive ‘‘(1) that telephone number; and MENTS. tarmac delays for passengers who have not yet ‘‘(2) the Internet Web site of the Aviation (a) IN GENERAL.—Subtitle VII is amended by cleared United States Customs and Border Pro- Consumer Protection Division of the Department inserting after chapter 421 the following: tection. of Transportation.

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‘‘(b) NOTICE TO PASSENGERS ON THE INTER- (3) by amending subsection (d) to read as fol- SEC. 425. RESTORATION OF ELIGIBILITY TO A NET.—An air carrier or foreign air carrier pro- lows: PLACE DETERMINED TO BE INELI- viding scheduled air transportation using any ‘‘(d) EXCEPTIONS FOR LOCATIONS MORE THAN GIBLE FOR SUBSIDIZED ESSENTIAL AIR SERVICE. aircraft that as originally designed has a pas- 175 DRIVING MILES FROM THE NEAREST LARGE Section 41733 is further amended by adding at senger capacity of 30 or more passenger seats OR MEDIUM HUB AIRPORT.—Subsection (a)(1)(B) the end the following: shall include on the Internet Web site of the car- shall not apply with respect to locations that ‘‘(g) PROPOSALS OF STATE AND LOCAL GOV- rier— are more than 175 driving miles from the nearest ERNMENTS TO RESTORE ELIGIBILITY.— large or medium hub airport.’’; and ‘‘(1) the hotline telephone number established ‘‘(1) IN GENERAL.—If the Secretary, after the (4) by adding at the end the following: under subsection (a); date of enactment of this subsection, ends pay- ‘‘(e) WAIVERS.—For fiscal year 2013 and each ‘‘(2) the e-mail address, telephone number, ment of compensation to an air carrier for pro- fiscal year thereafter, the Secretary may waive, and mailing address of the air carrier for the viding basic essential air service to an eligible on an annual basis, subsection (a)(1)(B) with submission of complaints by passengers about place because the Secretary has determined that respect to a location if the location demonstrates air travel service problems; and providing such service requires a rate of subsidy ‘‘(3) the Internet Web site and mailing address to the Secretary’s satisfaction that the reason per passenger in excess of the subsidy cap or of the Aviation Consumer Protection Division of the location averages fewer than 10 that the place is no longer an eligible place pur- the Department of Transportation for the sub- enplanements per day is due to a temporary de- suant to section 41731(a)(1)(B), a State or local mission of complaints by passengers about air cline in enplanements. government may submit to the Secretary a pro- travel service problems. ‘‘(f) DEFINITION.—For purposes of subsection posal for restoring compensation for such serv- ‘‘(c) NOTICE TO PASSENGERS ON BOARDING (a)(1)(B), the term ‘enplanements’ means the ice. Such proposal shall be a joint proposal of DOCUMENTATION.—An air carrier or foreign air number of passengers enplaning, at an eligible the State or local government and an air carrier. carrier providing scheduled air transportation place, on flights operated by the subsidized es- ‘‘(2) DETERMINATION BY SECRETARY.—The Sec- sential air service carrier.’’. using any aircraft that as originally designed retary shall issue an order restoring the eligi- has a passenger capacity of 30 or more pas- SEC. 422. ESSENTIAL AIR SERVICE ELIGIBILITY. bility of the otherwise eligible place to receive senger seats shall include the hotline telephone Section 41731(a)(1) is further amended— basic essential air service by an air carrier for number established under subsection (a) on— (1) in subparagraph (C) by striking the period compensation under subsection (c) if— ‘‘(1) prominently displayed signs of the carrier at the end and inserting ‘‘; and’’; and ‘‘(A) a State or local government submits to at the airport ticket counters in the United (2) by adding at the end the following: the Secretary a proposal under paragraph (1); ‘‘(D) is a community that, at any time during States where the air carrier operates; and and ‘‘(2) any electronic confirmation of the pur- the period between September 30, 2010, and Sep- ‘‘(B) the Secretary determines that— chase of a passenger ticket for air transpor- tember 30, 2011, inclusive— ‘‘(i) the rate of subsidy per passenger under tation issued by the air carrier. ‘‘(i) received essential air service for which the proposal does not exceed the subsidy cap; ‘‘§ 42303. Use of insecticides in passenger air- compensation was provided to an air carrier ‘‘(ii) the proposal is likely to result in an aver- craft under this subchapter; or age number of enplanements per day that will ‘‘(ii) received a 90-day notice of intent to ter- ‘‘(a) INFORMATION TO BE PROVIDED ON THE satisfy the requirement in section 41731(a)(1)(B); minate essential air service and the Secretary re- INTERNET.—The Secretary of Transportation and quired the air carrier to continue to provide shall establish, and make available to the gen- ‘‘(iii) the proposal is consistent with the legal such service to the community.’’. eral public, an Internet Web site that contains and regulatory requirements of the essential air a listing of countries that may require an air SEC. 423. ESSENTIAL AIR SERVICE MARKETING. service program. ‘‘(h) SUBSIDY CAP DEFINED.—In this section, carrier or foreign air carrier to treat an aircraft Section 41733(c)(1) is amended— the term ‘subsidy cap’ means the subsidy-per- passenger cabin with insecticides prior to a (1) by redesignating subparagraph (E) as sub- passenger cap established by section 332 of the flight in foreign air transportation to that coun- paragraph (F); (2) by striking ‘‘and’’ at the end of subpara- Department of Transportation and Related try or to apply an aerosol insecticide in an air- graph (D); and Agencies Appropriations Act, 2000 (Public Law craft cabin used for such a flight when the (3) by inserting after subparagraph (D) the 106–69; 113 Stat. 1022).’’. cabin is occupied with passengers. following: ‘‘(b) REQUIRED DISCLOSURES.—An air carrier, SEC. 426. ADJUSTMENTS TO COMPENSATION FOR ‘‘(E) whether the air carrier has included a foreign air carrier, or ticket agent selling, in the SIGNIFICANTLY INCREASED COSTS. plan in its proposal to market its services to the (a) EMERGENCY ACROSS-THE-BOARD ADJUST- United States, a ticket for a flight in foreign air community; and’’. MENT.—Subject to the availability of funds, the transportation to a country listed on the Inter- Secretary may increase the rates of compensa- net Web site established under subsection (a) SEC. 424. NOTICE TO COMMUNITIES PRIOR TO TERMINATION OF ELIGIBILITY FOR tion payable to air carriers under subchapter II shall refer the purchaser of the ticket to the SUBSIDIZED ESSENTIAL AIR SERV- of chapter 417 of title 49, United States Code, to Internet Web site established under subsection ICE. compensate such carriers for increased aviation (a) for additional information.’’. Section 41733 is amended by adding at the end fuel costs without regard to any agreement or (b) PENALTIES.—Section 46301 is amended in the following: subsections (a)(1)(A) and (c)(1)(A) by inserting requirement relating to the renegotiation of con- ‘‘(f) NOTICE TO COMMUNITIES PRIOR TO TER- tracts or any notice requirement under section ‘‘chapter 423,’’ after ‘‘chapter 421,’’. MINATION OF ELIGIBILITY.— (c) APPLICABILITY OF REQUIREMENTS.—Except 41734 of such title. ‘‘(1) IN GENERAL.—The Secretary shall notify (b) EXPEDITED PROCESS FOR ADJUSTMENTS TO as otherwise provided, the requirements of chap- each community receiving basic essential air INDIVIDUAL CONTRACTS.— ter 423 of title 49, United States Code, as added service for which compensation is being paid (1) IN GENERAL.—Section 41734(d) is amended by this section, shall begin to apply 60 days under this subchapter on or before the 45th day by striking ‘‘continue to pay’’ and all that fol- after the date of enactment of this Act. before issuing any final decision to end the pay- lows through ‘‘compensation sufficient—’’ and (d) CLERICAL AMENDMENT.—The analysis for ment of such compensation due to a determina- inserting ‘‘provide the carrier with compensa- subtitle VII is amended by inserting after the tion by the Secretary that providing such service tion sufficient—’’. item relating to chapter 421 the following: requires a rate of subsidy per passenger in ex- (2) EFFECTIVE DATE.—The amendment made ‘‘423. Passenger Air Service Improve- cess of the subsidy cap. by paragraph (1) shall apply to compensation to ments ...... 42301’’. ‘‘(2) PROCEDURES TO AVOID TERMINATION.— air carriers for air service provided after the Subtitle B—Essential Air Service The Secretary shall establish, by order, proce- 30th day following the date of enactment of this SEC. 421. LIMITATION ON ESSENTIAL AIR SERV- dures by which each community notified of an Act. ICE TO LOCATIONS THAT AVERAGE impending loss of subsidy under paragraph (1) (c) SUBSIDY CAP.—Subject to the availability FEWER THAN 10 ENPLANEMENTS may work directly with an air carrier to ensure of funds, the Secretary may waive, on a case- PER DAY. that the air carrier is able to submit a proposal by-case basis, the subsidy-per-passenger cap es- Section 41731 is amended— to the Secretary to provide essential air service tablished by section 332 of the Department of (1) in subsection (a)(1) by amending subpara- to such community for an amount of compensa- Transportation and Related Agencies Appro- graph (B) to read as follows: tion that would not exceed the subsidy cap. priations Act, 2000 (Public Law 106–69; 113 Stat. ‘‘(B) had an average of 10 enplanements per ‘‘(3) ASSISTANCE PROVIDED.—The Secretary 1022). A waiver issued under this subsection service day or more, as determined by the Sec- shall provide, by order, information to each shall remain in effect for a limited period of retary, during the most recent fiscal year begin- community notified under paragraph (1) regard- time, as determined by the Secretary. ning after September 30, 2012;’’; ing— SEC. 427. ESSENTIAL AIR SERVICE CONTRACT (2) by amending subsection (c) to read as fol- ‘‘(A) the procedures established pursuant to GUIDELINES. lows: paragraph (2); and (a) COMPENSATION GUIDELINES.—Section ‘‘(c) EXCEPTION FOR LOCATIONS IN ALASKA ‘‘(B) the maximum amount of compensation 41737(a)(1) is amended— AND HAWAII.—Subparagraphs (B), (C), and (D) that could be provided under this subchapter to (1) by striking ‘‘and’’ at the end of subpara- of subsection (a)(1) shall not apply with respect an air carrier serving such community that graph (B); to locations in the State of Alaska or the State would comply with basic essential air service (2) in subparagraph (C) by striking the period of Hawaii.’’; and the subsidy cap.’’. at the end and inserting a semicolon; and

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(3) by adding at the end the following: (b) EXTENSION OF AUTHORIZATION.—Section authority) that has applied to conduct commer- ‘‘(D) include provisions under which the Sec- 41743(e)(2) is amended to read as follows: cial air tour operations over a national park to retary may encourage an air carrier to improve ‘‘(2) AUTHORIZATION OF APPROPRIATIONS.— manage commercial air tour operations over air service for which compensation is being paid There is authorized to be appropriated to the such national park. under this subchapter by incorporating finan- Secretary $6,000,000 for each of fiscal years 2012 ‘‘(B) PARK PROTECTION.—A voluntary agree- cial incentives in an essential air service con- through 2015 to carry out this section. Such ment under this paragraph with respect to com- tract based on specified performance goals, in- sums shall remain available until expended.’’. mercial air tour operations over a national park cluding goals related to improving on-time per- SEC. 430. REPEAL OF ESSENTIAL AIR SERVICE shall address the management issues necessary formance, reducing the number of flight can- LOCAL PARTICIPATION PROGRAM. to protect the resources of such park and visitor cellations, establishing reasonable fares (includ- Section 41747, and the item relating to section use of such park without compromising aviation ing joint fares beyond the hub airport), estab- 41747 in the analysis for chapter 417, are re- safety or the air traffic control system and lishing convenient connections to flights pro- pealed. may— viding service beyond hub airports, and increas- SEC. 431. EXTENSION OF FINAL ORDER ESTAB- ‘‘(i) include provisions such as those described ing marketing efforts; and LISHING MILEAGE ADJUSTMENT ELI- in subparagraphs (B) through (E) of paragraph ‘‘(E) include provisions under which the Sec- GIBILITY. (3); retary may execute a long-term essential air Section 409(d) of the Vision 100—Century of ‘‘(ii) include provisions to ensure the stability service contract to encourage an air carrier to Aviation Reauthorization Act (49 U.S.C. 41731 of, and compliance with, the voluntary agree- provide air service to an eligible place if it would note) is amended by striking ‘‘February 17, ment; and be in the public interest to do so.’’. 2012.’’ and inserting ‘‘September 30, 2015.’’. ‘‘(iii) provide for fees for such operations. ‘‘(C) PUBLIC REVIEW.—The Director and the (b) DEADLINE FOR ISSUANCE OF REVISED GUID- TITLE V—ENVIRONMENTAL Administrator shall provide an opportunity for ANCE.—Not later than 1 year after the date of STREAMLINING enactment of this Act, the Secretary of Trans- public review of a proposed voluntary agreement SEC. 501. OVERFLIGHTS OF NATIONAL PARKS. portation shall issue revised guidelines gov- under this paragraph and shall consult with (a) GENERAL REQUIREMENTS.—Section erning the rate of compensation payable under any Indian tribe whose tribal lands are, or may 40128(a)(1)(C) is amended by inserting ‘‘or vol- subchapter II of chapter 417 that incorporate be, flown over by a commercial air tour operator untary agreement under subsection (b)(7)’’ be- the amendments made by this section. under a voluntary agreement under this para- fore ‘‘for the park’’. (c) UPDATE.—Not later than 2 years after the graph. After such opportunity for public review (b) EXEMPTION FOR NATIONAL PARKS WITH 50 date of issuance of revised guidelines pursuant and consultation, the voluntary agreement may OR FEWER FLIGHTS EACH YEAR.—Section to subsection (b), the Secretary shall submit to be implemented without further administrative 40128(a) is amended by adding at the end the the Committee on Transportation and Infra- or environmental process beyond that described following: structure of the House of Representatives and in this subsection. ‘‘(5) EXEMPTION FOR NATIONAL PARKS WITH 50 the Committee on Commerce, Science, and ‘‘(D) TERMINATION.— OR FEWER FLIGHTS EACH YEAR.— Transportation of the Senate an update of the ‘‘(i) IN GENERAL.—A voluntary agreement ‘‘(A) IN GENERAL.—Notwithstanding para- under this paragraph may be terminated at any extent to which the revised guidelines have been graph (1), a national park that has 50 or fewer implemented and the impact, if any, such imple- time at the discretion of— commercial air tour operations over the park ‘‘(I) the Director, if the Director determines mentation has had on air carrier performance each year shall be exempt from the requirements and community satisfaction with air service for that the agreement is not adequately protecting of this section, except as provided in subpara- park resources or visitor experiences; or which compensation is being paid under sub- graph (B). chapter II of chapter 417. ‘‘(II) the Administrator, if the Administrator ‘‘(B) WITHDRAWAL OF EXEMPTION.—If the Di- determines that the agreement is adversely af- SEC. 428. ESSENTIAL AIR SERVICE REFORM. rector determines that an air tour management fecting aviation safety or the national aviation (a) AUTHORIZATION OF APPROPRIATIONS.—Sec- plan or voluntary agreement is necessary to pro- system. tion 41742(a) is amended— tect park resources and values or park visitor ‘‘(ii) EFFECT OF TERMINATION.—If a voluntary (1) in paragraph (1)— use and enjoyment, the Director shall withdraw agreement with respect to a national park is ter- (A) by inserting ‘‘for each fiscal year’’ before the exemption of a park under subparagraph minated under this subparagraph, the operators ‘‘is authorized’’; and (A). shall conform to the requirements for interim op- (B) by striking ‘‘under this subchapter for ‘‘(C) LIST OF PARKS.— erating authority under subsection (c) until an each fiscal year’’ and inserting ‘‘under this sub- ‘‘(i) IN GENERAL.—The Director and Adminis- air tour management plan for the park is in ef- chapter’’; and trator shall jointly publish a list each year of fect.’’. (2) in paragraph (2) by striking ‘‘and national parks that are covered by the exemp- (d) INTERIM OPERATING AUTHORITY.—Section $54,699,454 for the period beginning on October tion provided under this paragraph. 40128(c) is amended— 1, 2011, and ending on February 17, 2012,’’ and ‘‘(ii) NOTIFICATION OF WITHDRAWAL OF EXEMP- (1) by striking paragraph (2)(I) and inserting inserting ‘‘, $143,000,000 for fiscal year 2012, TION.—The Director shall inform the Adminis- the following: $118,000,000 for fiscal year 2013, $107,000,000 for trator, in writing, of each determination to ‘‘(I) may allow for modifications of the interim fiscal year 2014, and $93,000,000 for fiscal year withdraw an exemption under subparagraph operating authority without further environ- 2015’’. (B). mental review beyond that described in this sub- (b) DISTRIBUTION OF ADDITIONAL FUNDS.— ‘‘(D) ANNUAL REPORT.—A commercial air tour section, if— Section 41742(b) is amended to read as follows: operator conducting commercial air tour oper- ‘‘(i) adequate information regarding the exist- ‘‘(b) DISTRIBUTION OF ADDITIONAL FUNDS.— ations over a national park that is exempt from ing and proposed operations of the operator Notwithstanding any other provision of law, in the requirements of this section shall submit to under the interim operating authority is pro- any fiscal year in which funds credited to the the Administrator and the Director a report vided to the Administrator and the Director; account established under section 45303, includ- each year that includes the number of commer- ‘‘(ii) the Administrator determines that there ing the funds derived from fees imposed under cial air tour operations the operator conducted would be no adverse impact on aviation safety the authority contained in section 45301(a), ex- during the preceding 1-year period over such or the air traffic control system; and ceed the $50,000,000 made available under sub- park.’’. ‘‘(iii) the Director agrees with the modifica- section (a)(1), such funds shall be made avail- (c) AIR TOUR MANAGEMENT PLANS.—Section tion, based on the professional expertise of the able immediately for obligation and expenditure 40128(b) is amended— Director regarding the protection of the re- to carry out the essential air service program (1) in paragraph (1) by adding at the end the sources, values, and visitor use and enjoyment under this subchapter.’’. following: of the park.’’; and (c) AVAILABILITY OF FUNDS.—Section 41742 is ‘‘(C) EXCEPTION.—An application to begin (2) in paragraph (3)(A) by striking ‘‘if the Ad- amended by adding at the end the following: commercial air tour operations at Crater Lake ministrator determines’’ and all that follows ‘‘(c) AVAILABILITY OF FUNDS.—The funds National Park may be denied without the estab- through the period at the end and inserting made available under this section shall remain lishment of an air tour management plan by the ‘‘without further environmental process beyond available until expended.’’. Director of the National Park Service if the Di- that described in this paragraph, if— SEC. 429. SMALL COMMUNITY AIR SERVICE. rector determines that such operations would ‘‘(i) adequate information on the proposed op- (a) PRIORITIES.—Section 41743(c)(5) is amend- adversely affect park resources or visitor experi- erations of the operator is provided to the Ad- ed— ences.’’; and ministrator and the Director by the operator (1) by striking ‘‘and’’ at the end of subpara- (2) by adding at the end the following: making the request; graph (D); ‘‘(7) VOLUNTARY AGREEMENTS.— ‘‘(ii) the Administrator agrees that there (2) in subparagraph (E) by striking ‘‘fashion.’’ ‘‘(A) IN GENERAL.—As an alternative to an air would be no adverse impact on aviation safety and inserting ‘‘fashion; and’’; and tour management plan, the Director and the Ad- or the air traffic control system; and (3) by adding at the end the following: ministrator may enter into a voluntary agree- ‘‘(iii) the Director agrees, based on the Direc- ‘‘(F) multiple communities cooperate to submit ment with a commercial air tour operator (in- tor’s professional expertise regarding the protec- a regional or multistate application to consoli- cluding a new entrant commercial air tour oper- tion of park resources and values and visitor use date air service into one regional airport.’’. ator and an operator that has interim operating and enjoyment.’’.

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(e) OPERATOR REPORTS.—Section 40128 is decision or finding of no significant impact by ‘‘(c) TEMPORARY OPERATIONS.—The Secretary amended— the Federal Aviation Administration; and may allow temporary operation of an aircraft (1) by redesignating subsections (d), (e), and ‘‘(5) to facilitate the timely processing, review, otherwise prohibited from operation under sub- (f) as subsections (e), (f), and (g), respectively; and completion of environmental activities asso- section (a) to or from an airport in the contig- and ciated with new or amended flight procedures, uous United States by granting a special flight (2) by inserting after subsection (c) the fol- including performance-based navigation proce- authorization for one or more of the following lowing: dures, such as required navigation performance circumstances: ‘‘(d) COMMERCIAL AIR TOUR OPERATOR RE- procedures and area navigation procedures.’’. ‘‘(1) To sell, lease, or use the aircraft outside PORTS.— SEC. 504. GRANT ELIGIBILITY FOR ASSESSMENT the 48 contiguous States. ‘‘(1) REPORT.—Each commercial air tour oper- OF FLIGHT PROCEDURES. ‘‘(2) To scrap the aircraft. ator conducting a commercial air tour operation Section 47504 is amended by adding at the end ‘‘(3) To obtain modifications to the aircraft to over a national park under interim operating the following: meet stage 3 noise levels. authority granted under subsection (c) or in ac- ‘‘(e) GRANTS FOR ASSESSMENT OF FLIGHT PRO- ‘‘(4) To perform scheduled heavy maintenance cordance with an air tour management plan or CEDURES.— or significant modifications on the aircraft at a voluntary agreement under subsection (b) shall ‘‘(1) IN GENERAL.—In accordance with sub- maintenance facility located in the contiguous submit to the Administrator and the Director a section (c)(1), the Secretary may make a grant 48 States. report regarding the number of commercial air to an airport operator to assist in completing en- ‘‘(5) To deliver the aircraft to an operator tour operations over each national park that are vironmental review and assessment activities for leasing the aircraft from the owner or return the conducted by the operator and such other infor- proposals to implement flight procedures at such aircraft to the lessor. mation as the Administrator and Director may airport that have been approved as part of an ‘‘(6) To prepare, park, or store the aircraft in request in order to facilitate administering the airport noise compatibility program under sub- anticipation of any of the activities described in provisions of this section. section (b). paragraphs (1) through (5). ‘‘(2) REPORT SUBMISSION.—Not later than 90 ‘‘(2) ADDITIONAL STAFF.—The Administrator ‘‘(7) To provide transport of persons and days after the date of enactment of the FAA may accept funds from an airport operator, in- goods in the relief of an emergency situation. Modernization and Reform Act of 2012, the Ad- cluding funds provided to the operator under ‘‘(8) To divert the aircraft to an alternative ministrator and the Director shall jointly issue paragraph (1), to hire additional staff or obtain airport in the 48 contiguous States on account an initial request for reports under this sub- the services of consultants in order to facilitate of weather, mechanical, fuel, air traffic control, section. The reports shall be submitted to the the timely processing, review, and completion of or other safety reasons while conducting a flight Administrator and the Director with a fre- environmental activities associated with pro- in order to perform any of the activities de- quency and in a format prescribed by the Ad- posals to implement flight procedures at such scribed in paragraphs (1) through (7). ministrator and the Director.’’. airport that have been approved as part of an ‘‘(d) REGULATIONS.—The Secretary may pre- SEC. 502. STATE BLOCK GRANT PROGRAM. airport noise compatibility program under sub- scribe such regulations or other guidance as (a) GENERAL REQUIREMENTS.—Section 47128(a) section (b). may be necessary for the implementation of this is amended— ‘‘(3) RECEIPTS CREDITED AS OFFSETTING COL- section. (1) in the first sentence by striking ‘‘prescribe LECTIONS.—Notwithstanding section 3302 of title ‘‘(e) STATUTORY CONSTRUCTION.— regulations’’ and inserting ‘‘issue guidance’’; 31, any funds accepted under this section— ‘‘(1) AIP GRANT ASSURANCES.—Noncompliance and ‘‘(A) shall be credited as offsetting collections with subsection (a) shall not be construed as a (2) in the second sentence by striking ‘‘regula- to the account that finances the activities and violation of section 47107 or any regulations pre- tions’’ and inserting ‘‘guidance’’. services for which the funds are accepted; scribed thereunder. (b) APPLICATIONS AND SELECTION.—Section ‘‘(B) shall be available for expenditure only to ‘‘(2) PENDING APPLICATIONS.—Nothing in this 47128(b)(4) is amended by inserting before the pay the costs of activities and services for which section may be construed as interfering with, semicolon the following: ‘‘, including the Na- the funds are accepted; and nullifying, or otherwise affecting determinations ‘‘(C) shall remain available until expended.’’. tional Environmental Policy Act of 1969 (42 made by the Federal Aviation Administration, U.S.C. 4321 et seq.), State and local environ- SEC. 505. DETERMINATION OF FAIR MARKET or to be made by the Administration, with re- mental policy acts, Executive orders, agency VALUE OF RESIDENTIAL PROP- ERTIES. spect to applications under part 161 of title 14, regulations and guidance, and other Federal en- Section 47504 (as amended by this Act) is fur- Code of Federal Regulations, that were pending vironmental requirements’’. ther amended by adding at the end the fol- on the date of enactment of this section.’’. (c) ENVIRONMENTAL ANALYSIS AND COORDINA- lowing: (b) CONFORMING AMENDMENTS.— TION REQUIREMENTS.—Section 47128 is amended ‘‘(f) DETERMINATION OF FAIR MARKET VALUE (1) PENALTIES.—Section 47531 is amended— by adding at the end the following: OF RESIDENTIAL PROPERTIES.—In approving a (A) in the section heading by striking ‘‘for ‘‘(d) ENVIRONMENTAL ANALYSIS AND COORDI- project to acquire residential real property using violating sections 47528–47530’’; and NATION REQUIREMENTS.—A Federal agency, (B) by striking ‘‘47529, or 47530’’ and inserting other than the Federal Aviation Administration, financial assistance made available under this section or chapter 471, the Secretary shall en- ‘‘47529, 47530, or 47534’’. that is responsible for issuing an approval, li- (2) JUDICIAL REVIEW.—Section 47532 is amend- cense, or permit to ensure compliance with a sure that the appraisal of the property to be acquired disregards any decrease or increase in ed by inserting ‘‘or 47534’’ after ‘‘47528–47531’’. Federal environmental requirement applicable to (3) ANALYSIS.—The analysis for subchapter II the fair market value of the real property a project or activity to be carried out by a State of chapter 475 is amended— caused by the project for which the property is using amounts from a block grant made under (A) by striking the item relating to section to be acquired, or by the likelihood that the this section shall— 47531 and inserting the following: ‘‘(1) coordinate and consult with the State; property would be acquired for the project, other than that due to physical deterioration ‘‘47531. Penalties.’’; and ‘‘(2) use the environmental analysis prepared (B) by adding at the end the following: by the State for the project or activity if such within the reasonable control of the owner.’’. analysis is adequate; and SEC. 506. PROHIBITION ON OPERATING CERTAIN ‘‘47534. Prohibition on operating certain aircraft ‘‘(3) as necessary, consult with the State to AIRCRAFT WEIGHING 75,000 POUNDS weighing 75,000 pounds or less not describe the supplemental analysis the State OR LESS NOT COMPLYING WITH complying with stage 3 noise lev- STAGE 3 NOISE LEVELS. must provide to meet applicable Federal require- els.’’. (a) IN GENERAL.—Subchapter II of chapter 475 ments.’’. SEC. 507. AIRCRAFT DEPARTURE QUEUE MANAGE- is amended by adding at the end the following: MENT PILOT PROGRAM. SEC. 503. AIRPORT FUNDING OF SPECIAL STUD- IES OR REVIEWS. ‘‘§ 47534. Prohibition on operating certain air- (a) IN GENERAL.—The Secretary of Transpor- Section 47173(a) is amended by striking ‘‘serv- craft weighing 75,000 pounds or less not tation shall carry out a pilot program at not ices of consultants in order to’’ and all that fol- complying with stage 3 noise levels more than 5 public-use airports under which the lows through the period at the end and insert- ‘‘(a) PROHIBITION.—Except as otherwise pro- Federal Aviation Administration shall use funds ing ‘‘services of consultants— vided by this section, after December 31, 2015, a made available under section 48101(a) to test air ‘‘(1) to facilitate the timely processing, review, person may not operate a civil subsonic jet air- traffic flow management tools, methodologies, and completion of environmental activities asso- plane with a maximum weight of 75,000 pounds and procedures that will allow air traffic con- ciated with an airport development project; or less, and for which an airworthiness certifi- trollers of the Administration to better manage ‘‘(2) to conduct special environmental studies cate (other than an experimental certificate) has the flow of aircraft on the ground and reduce related to an airport project funded with Fed- been issued, to or from an airport in the United the length of ground holds and idling time for eral funds; States unless the Secretary of Transportation aircraft. ‘‘(3) to conduct special studies or reviews to finds that the aircraft complies with stage 3 (b) SELECTION CRITERIA.—In selecting from support approved noise compatibility measures noise levels. among airports at which to conduct the pilot described in part 150 of title 14, Code of Federal ‘‘(b) AIRCRAFT OPERATIONS OUTSIDE 48 CON- program, the Secretary shall give priority con- Regulations; TIGUOUS STATES.—Subsection (a) shall not apply sideration to airports at which improvements in ‘‘(4) to conduct special studies or reviews to to aircraft operated only outside the 48 contig- ground control efficiencies are likely to achieve support environmental mitigation in a record of uous States. the greatest fuel savings or air quality or other

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Increasing the energy efficiency of amount of reduced fuel, reduced emissions, or (as defined in section 171 of the Clean Air Act airport power sources other environmental benefits per dollar of funds (42 U.S.C. 7501)). ‘‘(a) IN GENERAL.—The Secretary of Transpor- expended under the pilot program. ‘‘(2) SHORTAGE OF APPLICANTS.—If the Sec- tation shall establish a program under which (c) MAXIMUM AMOUNT.—Not more than a retary receives an insufficient number of appli- the Secretary shall encourage the sponsor of total of $2,500,000 may be expended under the cations from public-use airports located in such each public-use airport to assess the airport’s pilot program at any single public-use airport. areas, the Secretary may permit public-use air- energy requirements, including heating and SEC. 508. HIGH PERFORMANCE, SUSTAINABLE, ports that are not located in such areas to par- cooling, base load, back-up power, and power AND COST-EFFECTIVE AIR TRAFFIC ticipate in the program. for on-road airport vehicles and ground support CONTROL FACILITIES. ‘‘(c) SELECTION CRITERIA.—In selecting from equipment, in order to identify opportunities to The Administrator of the Federal Aviation among applicants for participation in the pro- increase energy efficiency at the airport. Administration may implement, to the extent gram, the Secretary shall give priority consider- ‘‘(b) GRANTS.— practicable, sustainable practices for the incor- ation to applicants that will achieve the greatest ‘‘(1) IN GENERAL.—The Secretary may make poration of energy-efficient design, equipment, air quality benefits measured by the amount of grants from amounts made available under sec- systems, and other measures in the construction emissions reduced per dollar of funds expended tion 48103 to assist airport sponsors that have and major renovation of air traffic control fa- under the program. completed the assessment described in subsection cilities of the Administration in order to reduce ‘‘(d) FEDERAL SHARE.—Notwithstanding any (a) to acquire or construct equipment, including energy consumption at, improve the environ- other provision of this subchapter, the Federal hydrogen equipment and related infrastructure, mental performance of, and reduce the cost of share of the costs of a project carried out under that will increase energy efficiency at the air- maintenance for such facilities. the program shall be 50 percent. port. SEC. 509. SENSE OF CONGRESS. ‘‘(e) TECHNICAL ASSISTANCE.— ‘‘(2) APPLICATION.—To be eligible for a grant It is the sense of Congress that— ‘‘(1) IN GENERAL.—The sponsor of a public-use under paragraph (1), the sponsor of a public-use (1) the European Union directive extending airport carrying out activities funded under the airport shall submit an application to the Sec- the European Union’s emissions trading pro- program may not use more than 10 percent of retary at such time, in such manner, and con- posal to international civil aviation without the amounts made available under the program taining such information as the Secretary may working through the International Civil Avia- in any fiscal year for technical assistance in require.’’. tion Organization (in this section referred to as carrying out such activities. (b) CONFORMING AMENDMENT.—The analysis the ‘‘ICAO’’) in a consensus-based fashion is in- ‘‘(2) USE OF UNIVERSITY TRANSPORTATION CEN- for such chapter is amended by inserting after consistent with the Convention on International TER.—Participants in the program may use a the item relating to section 47140 the following: Civil Aviation, completed in Chicago on Decem- university transportation center receiving grants ber 7, 1944 (TIAS 1591; commonly known as the under section 5506 in the region of the airport to ‘‘47140a. Increasing the energy efficiency of air- ‘‘Chicago Convention’’), and other relevant air receive the technical assistance described in port power sources.’’. services agreements and antithetical to building paragraph (1). TITLE VI—FAA EMPLOYEES AND international cooperation to address effectively ‘‘(f) MATERIALS IDENTIFYING BEST PRAC- ORGANIZATION the problem of greenhouse gas emissions by air- TICES.—The Secretary may develop and make SEC. 601. FEDERAL AVIATION ADMINISTRATION craft engaged in international civil aviation; available materials identifying best practices for PERSONNEL MANAGEMENT SYSTEM. (2) the European Union and its member states carrying out activities funded under the pro- Section 40122(a) is amended— should instead work with other contracting gram based on projects carried out under section (1) by redesignating paragraphs (3) and (4) as states of ICAO to develop a consensual ap- 47136 and other sources.’’. paragraphs (4) and (5), respectively; and proach to addressing aircraft greenhouse gas (b) REPORT ON EFFECTIVENESS OF PROGRAM.— (2) by striking paragraph (2) and inserting the emissions through ICAO; and Not later than 18 months after the date of enact- following: (3) officials of the United States Government, ment of this Act, the Secretary of Transpor- ‘‘(2) DISPUTE RESOLUTION.— and particularly the Secretary of Transpor- tation shall submit to the Committee on Science, ‘‘(A) MEDIATION.—If the Administrator does tation and the Administrator of the Federal Space, and Technology and the Committee on not reach an agreement under paragraph (1) or Aviation Administration, should use all polit- Transportation and Infrastructure of the House the provisions referred to in subsection (g)(2)(C) ical, diplomatic, and legal tools at the disposal of Representatives and the Committee on Com- with the exclusive bargaining representative of of the United States to ensure that the Euro- merce, Science, and Transportation of the Sen- the employees, the Administrator and the bar- pean Union’s emissions trading scheme is not ate a report containing— gaining representative— applied to aircraft registered by the United (1) an evaluation of the effectiveness of the ‘‘(i) shall use the services of the Federal Medi- States or the operators of those aircraft, includ- program established by section 47136a of title 49, ation and Conciliation Service to attempt to ing the mandates that United States carriers United States Code (as added by this section); reach such agreement in accordance with part provide emissions data to and purchase emis- (2) the performance measures used to measure 1425 of title 29, Code of Federal Regulations (as sions allowances from or surrender emissions al- such effectiveness, such as the goals for the in effect on the date of enactment of the FAA lowances to the European Union Member States. projects implemented and the amount of emis- Modernization and Reform Act of 2012); or SEC. 510. AVIATION NOISE COMPLAINTS. sions reduction achieved through these projects; ‘‘(ii) may by mutual agreement adopt alter- Not later than 90 days after the date of enact- (3) an assessment of the sufficiency of the native procedures for the resolution of disputes ment of this Act, each owner or operator of a data collected during the program to make a de- or impasses arising in the negotiation of the col- large hub airport (as defined in section 40102(a) cision on whether or not to implement the pro- lective-bargaining agreement. of title 49, United States Code) shall publish on gram; ‘‘(B) MID-TERM BARGAINING.—If the services an Internet Web site of the airport a telephone (4) an identification of all public-use airports of the Federal Mediation and Conciliation Serv- number to receive aviation noise complaints re- that expressed an interest in participating in the ice under subparagraph (A)(i) do not lead to the lated to the airport. program; and resolution of issues in controversy arising from SEC. 511. PILOT PROGRAM FOR ZERO-EMISSION (5) a description of the mechanisms used by the negotiation of a mid-term collective-bar- AIRPORT VEHICLES. the Secretary to ensure that the information gaining agreement, the Federal Service Impasses (a) IN GENERAL.—Chapter 471 is amended by and expertise gained by participants in the pro- Panel shall assist the parties in resolving the inserting after section 47136 the following: gram is transferred among the participants and impasse in accordance with section 7119 of title ‘‘§ 47136a. Zero-emission airport vehicles and to other interested parties, including other pub- 5. infrastructure lic-use airports. ‘‘(C) BINDING ARBITRATION FOR TERM BAR- (c) CONFORMING AMENDMENT.—The analysis ‘‘(a) IN GENERAL.—The Secretary of Transpor- GAINING.— tation may establish a pilot program under for such chapter is amended by inserting after ‘‘(i) ASSISTANCE FROM FEDERAL SERVICE IM- which the sponsor of a public-use airport may the item relating to section 47136 the following: PASSES PANEL.—If the services of the Federal use funds made available under section 47117 or ‘‘47136a. Zero-emission airport vehicles and in- Mediation and Conciliation Service under subsection 48103 for use at such airport to carry out frastructure.’’. paragraph (A)(i) do not lead to the resolution of activities associated with the acquisition and (d) TECHNICAL AMENDMENT.—Section issues in controversy arising from the negotia- operation of zero-emission vehicles (as defined 47136(f)(2) is amended— tion of a term collective-bargaining agreement, in section 88.102–94 of title 40, Code of Federal (1) in the paragraph heading by striking ‘‘EL- the Administrator and the exclusive bargaining Regulations), including the construction or IGIBLE CONSORTIUM’’ and inserting ‘‘UNIVERSITY representative of the employees (in this subpara- modification of infrastructure to facilitate the TRANSPORTATION CENTER’’; and graph referred to as the ‘parties’) shall submit delivery of fuel and services necessary for the (2) by striking ‘‘an eligible consortium’’ and their issues in controversy to the Federal Service use of such vehicles. inserting ‘‘a university transportation center’’. Impasses Panel. The Panel shall assist the par- ‘‘(b) LOCATION IN AIR QUALITY NONATTAIN- SEC. 512. INCREASING THE ENERGY EFFICIENCY ties in resolving the impasse by asserting juris- MENT AREAS.— OF AIRPORT POWER SOURCES. diction and ordering binding arbitration by a ‘‘(1) IN GENERAL.—A public-use airport may be (a) IN GENERAL.—Chapter 471 is amended by private arbitration board consisting of 3 mem- eligible for participation in the program only if inserting after section 47140 the following: bers.

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‘‘(ii) APPOINTMENT OF ARBITRATION BOARD.— ‘‘(ii) receipt by a career appointee or a senior merce, Science, and Transportation of the Sen- The Executive Director of the Panel shall pro- career employee of the rank of Meritorious Exec- ate and the Committee on Transportation and vide for the appointment of the 3 members of a utive or Meritorious Senior Professional entitles Infrastructure of the House of Representatives a private arbitration board under clause (i) by re- the individual to a lump-sum payment of an report on the results of the study and a descrip- questing the Director of the Federal Mediation amount equal to 20 percent of annual basic pay, tion of any determinations submitted to the and Conciliation Service to prepare a list of not which shall be in addition to the basic pay paid Chief Operating Officer under subsection (d). less than 15 names of arbitrators with Federal under the Federal Aviation Administration Ex- (f) DEFINITION.—In this section, the term sector experience and by providing the list to the ecutive Compensation Plan; and ‘‘frontline manager’’ means first-level, oper- parties. Not later than 10 days after receiving ‘‘(iii) receipt by a career appointee or a senior ational supervisors and managers who work in the list, the parties shall each select one person career employee of the rank of Distinguished safety-related operational areas of the Adminis- from the list. The 2 arbitrators selected by the Executive or Distinguished Senior Professional tration. parties shall then select a third person from the entitles the individual to a lump-sum payment SEC. 605. FAA TECHNICAL TRAINING AND STAFF- list not later than 7 days after being selected. If of an amount equal to 35 percent of annual ING. either of the parties fails to select a person or if basic pay, which shall be in addition to the (a) STUDY.— the 2 arbitrators are unable to agree on the basic pay paid under the Federal Aviation Ad- (1) IN GENERAL.—The Administrator of the third person in 7 days, the parties shall make ministration Executive Compensation Plan.’’. Federal Aviation Administration shall conduct a the selection by alternately striking names on SEC. 603. COLLEGIATE TRAINING INITIATIVE study to assess the adequacy of the Administra- the list until one arbitrator remains. STUDY. tor’s technical training strategy and improve- ‘‘(iii) FRAMING ISSUES IN CONTROVERSY.—If the (a) STUDY.—The Comptroller General of the ment plan for airway transportation systems parties do not agree on the framing of the issues United States shall conduct a study on training specialists (in this section referred to as ‘‘FAA to be submitted for arbitration, the arbitration options for graduates of the Collegiate Training systems specialists’’). board shall frame the issues. Initiative program (in this section referred to as (2) CONTENTS.—The study shall include— ‘‘(iv) HEARINGS.—The arbitration board shall ‘‘CTI’’ programs) conducted under section (A) a review of the current technical training give the parties a full and fair hearing, includ- 44506(c) of title 49, United States Code. strategy and improvement plan for FAA systems ing an opportunity to present evidence in sup- (b) CONTENTS.—The study shall analyze the specialists; port of their claims and an opportunity to impact of providing as an alternative to the cur- (B) recommendations to improve the technical present their case in person, by counsel, or by rent training provided at the Mike Monroney training strategy and improvement plan needed other representative as they may elect. Aeronautical Center of the Federal Aviation Ad- by FAA systems specialists to be proficient in ‘‘(v) DECISIONS.—The arbitration board shall ministration a new air traffic controller orienta- the maintenance of the latest technologies; render its decision within 90 days after the date tion session at such Center for graduates of CTI (C) a description of actions that the Adminis- of its appointment. Decisions of the arbitration programs followed by on-the-job training for tration has undertaken to ensure that FAA sys- board shall be conclusive and binding upon the such new air traffic controllers who are grad- tems specialists receive up-to-date training on parties. uates of CTI programs and shall include an the latest technologies; and ‘‘(vi) MATTERS FOR CONSIDERATION.—The ar- analysis of— (D) a recommendation regarding the most bitration board shall take into consideration (1) the cost effectiveness of such an alter- cost-effective approach to provide training to such factors as— native training approach; and FAA systems specialists. ‘‘(I) the effect of its arbitration decisions on (2) the effect that such an alternative training (3) REPORT.—Not later than 1 year after the the Federal Aviation Administration’s ability to approach would have on the overall quality of date of enactment of this Act, the Administrator attract and retain a qualified workforce; training received by graduates of CTI programs. shall submit to the Committee on Transportation ‘‘(II) the effect of its arbitration decisions on (c) REPORT.—Not later than 180 days after the and Infrastructure of the House of Representa- the Federal Aviation Administration’s budget; date of enactment of this Act, the Comptroller tives and the Committee on Commerce, Science, and General shall submit to the Committee on Trans- and Transportation of the Senate a report on ‘‘(III) any other factors whose consideration portation and Infrastructure of the House of the results of the study. would assist the board in fashioning a fair and Representatives and the Committee on Com- (b) WORKLOAD OF SYSTEMS SPECIALISTS.— equitable award. merce, Science, and Transportation of the Sen- (1) STUDY BY NATIONAL ACADEMY OF ‘‘(vii) COSTS.—The parties shall share costs of ate a report on the results of the study. SCIENCES.—Not later than 90 days after the date the arbitration equally. of enactment of this Act, the Administrator of ‘‘(3) RATIFICATION OF AGREEMENTS.—Upon SEC. 604. FRONTLINE MANAGER STAFFING. (a) STUDY.—Not later than 45 days after the the Federal Aviation Administration shall make reaching a voluntary agreement or at the con- appropriate arrangements for the National clusion of the binding arbitration under para- date of enactment of this Act, the Administrator of the Federal Aviation Administration shall Academy of Sciences to conduct a study of the graph (2)(C), the final agreement, except for assumptions and methods used by the Federal those matters decided by an arbitration board, commission an independent study on frontline manager staffing requirements in air traffic con- Aviation Administration to estimate staffing shall be subject to ratification by the exclusive needs for FAA systems specialists to ensure bargaining representative of the employees, if so trol facilities. (b) CONSIDERATIONS.—In conducting the proper maintenance and certification of the na- requested by the bargaining representative, and tional airspace system. the final agreement shall be subject to approval study, the Administrator may take into consid- (2) CONSULTATION.—In conducting the study, by the head of the agency in accordance with eration— (1) the managerial tasks expected to be per- the National Academy of Sciences shall— the provisions referred to in subsection (A) consult with the exclusive bargaining rep- (g)(2)(C).’’. formed by frontline managers, including employee development, management, and coun- resentative certified under section 7111 of title 5, SEC. 602. PRESIDENTIAL RANK AWARD PROGRAM. seling; United States Code; and Section 40122(g)(2) is amended— (2) the number of supervisory positions of op- (B) include recommendations for objective (1) in subparagraph (G) by striking ‘‘and’’ staffing standards that maintain the safety of after the semicolon; eration requiring watch coverage in each air traffic control facility; the national airspace system. (2) in subparagraph (H) by striking ‘‘Board.’’ (3) REPORT.—Not later than 1 year after the and inserting ‘‘Board; and’’; and (3) coverage requirements in relation to traffic demand; initiation of the arrangements under paragraph (3) by adding at the end the following: (1), the National Academy of Sciences shall sub- ‘‘(I) subsections (b), (c), and (d) of section (4) facility type; mit to Congress a report on the results of the 4507 (relating to Meritorious Executive or Dis- (5) complexity of traffic and managerial re- study. tinguished Executive rank awards) and sub- sponsibilities; sections (b) and (c) of section 4507a (relating to (6) proficiency and training requirements; and SEC. 606. SAFETY CRITICAL STAFFING. Meritorious Senior Professional or Distin- (7) such other factors as the Administrator (a) IN GENERAL.—Not later than October 1, guished Senior Professional rank awards), ex- considers appropriate. 2012, the Administrator of the Federal Aviation cept that— (c) PARTICIPATION.—The Administrator shall Administration shall implement, in as cost-effec- ‘‘(i) for purposes of applying such provisions ensure the participation of frontline managers tive a manner as possible, the staffing model for to the personnel management system— who currently work in safety-related oper- aviation safety inspectors developed pursuant to ‘‘(I) the term ‘agency’ means the Department ational areas of the Administration. the National Academy of Sciences study entitled of Transportation; (d) DETERMINATIONS.—The Administrator ‘‘Staffing Standards for Aviation Safety Inspec- ‘‘(II) the term ‘senior executive’ means a Fed- shall transmit any determinations made as a re- tors’’. In doing so, the Administrator shall con- eral Aviation Administration executive; sult of the study to the heads of the appropriate sult with interested persons, including the ex- ‘‘(III) the term ‘career appointee’ means a lines of business within the Administration, inclusive bargaining representative for aviation Federal Aviation Administration career execu- cluding the Chief Operating Officer of the Air safety inspectors certified under section 7111 of tive; and Traffic Organization. title 5, United States Code. ‘‘(IV) the term ‘senior career employee’ means (e) REPORT.—Not later than 9 months after (b) REPORT.—Not later than January 1 of a Federal Aviation Administration career senior the date of enactment of this Act, the Adminis- each year beginning after September 30, 2012, professional; trator shall submit to the Committee on Com- the Administrator shall submit to the Committee

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AIR TRAFFIC CONTROL SPECIALIST the National Academy of Sciences shall consult (E) the number of recently placed new per- QUALIFICATION TRAINING. with the exclusive bargaining representative of sonnel already in training. Section 44506 is amended— employees of the FAA certified under section (c) AIR TRAFFIC CONTROLLER SCHEDULING.— (1) by redesignating subsection (d) as sub- 7111 of title 5, United States Code, and other in- Not later than 60 days after the date of enact- section (e); and terested parties, including Government and in- ment of this Act, the Inspector General of the (2) by inserting after subsection (c) the fol- dustry representatives. Department of Transportation shall conduct an lowing: (c) CONTENTS.—The study shall include— assessment of the Federal Aviation Administra- ‘‘(d) AIR TRAFFIC CONTROL SPECIALIST QUALI- (1) an examination of representative information’s air traffic controller scheduling practices. FICATION TRAINING.— tion on productivity, human factors, traffic ac- (1) CONTENTS.—The assessment shall include, ‘‘(1) APPOINTMENT OF AIR TRAFFIC CONTROL tivity, and improved technology and equipment at a minimum— (A) an analysis of how air traffic controller SPECIALISTS.—The Administrator is authorized used in air traffic control; to appoint a qualified air traffic control spe- (2) an examination of recent National Acad- schedules are determined; (B) an evaluation of how safety is taken into cialist candidate for placement in an airport emy of Sciences reviews of the complexity model consideration when schedules are being devel- traffic control facility if the candidate has— performed by MITRE Corporation that support ‘‘(A) received a control tower operator certifi- the staffing standards models for the en route oped and adopted; (C) an evaluation of scheduling practices that cation (referred to in this subsection as a ‘CTO’ air traffic control environment; and are cost effective to the Government; certificate); and (3) consideration of the Administration’s cur- (D) an examination of how scheduling prac- ‘‘(B) satisfied all other applicable qualifica- rent and estimated budgets and the most cost-ef- tices impact air traffic controller performance; tion requirements for an air traffic control spe- fective staffing model to best leverage available and funding. cialist position, including successful completion (E) any recommendations the Inspector Gen- (d) REPORT.—Not later than 2 years after the of orientation training at the Federal Aviation eral may have related to air traffic controller date of enactment of this Act, the National Administration Academy. scheduling practices. ‘‘(2) COMPENSATION AND BENEFITS.—An indi- Academy of Sciences shall submit to the Com- (2) REPORT.—Not later than 120 days after the mittee on Transportation and Infrastructure of vidual appointed under paragraph (1) shall re- date of enactment of this Act, the Inspector the House of Representatives and the Committee ceive the same compensation and benefits, and General shall submit to the Committee on Trans- on Commerce, Science, and Transportation of be treated in the same manner as, any other in- portation and Infrastructure of the House of the Senate a report on the results of the study. dividual appointed as a developmental air traf- Representatives and the Committee on Com- fic controller. SEC. 609. AIR TRAFFIC CONTROLLER TRAINING merce, Science, and Transportation of the Sen- ‘‘(3) REPORT.—Not later than 2 years after the AND SCHEDULING. ate a report on the results of the assessment date of enactment of the FAA Modernization (a) TRAINING STRATEGY AND IMPROVEMENT conducted under this subsection. and Reform Act of 2012, the Administrator shall PLAN.—The Administrator of the Federal Avia- SEC. 610. FAA FACILITY CONDITIONS. submit to Congress a report that evaluates the tion Administration shall conduct a study to as- (a) STUDY.—The Comptroller General of the effectiveness of the air traffic control specialist sess the adequacy of training programs for air United States shall conduct a study of and re- qualification training provided pursuant to this traffic controllers, including the Administrator’s view— section, including the graduation rates of can- technical training strategy and improvement (1) the conditions of a sampling of Federal didates who received a CTO certificate and are plan for air traffic controllers. Aviation Administration facilities across the working in airport traffic control facilities. (1) CONTENTS.—The study shall include— United States, including offices, towers, centers, ‘‘(4) ADDITIONAL APPOINTMENTS.—If the Ad- (A) a review of the current training system for and terminal radar air control; ministrator determines that air traffic control air traffic controllers, including the technical (2) reports from employees of the Administra- specialists appointed pursuant to this subsection training strategy and improvement plan; tion relating to respiratory ailments and other are more successful in carrying out the duties of (B) an analysis of the competencies required health conditions resulting from exposure to an air traffic controller than air traffic control of air traffic controllers for successful perform- mold, asbestos, poor air quality, radiation, and specialists hired from the general public without ance in the current and future projected air facility-related hazards in facilities of the Ad- any such certification, the Administrator shall traffic control environment; ministration; increase, to the maximum extent practicable, the (C) an analysis of the competencies projected (3) conditions of such facilities that could number of appointments of candidates who pos- to be required of air traffic controllers as the interfere with such employees’ ability to effec- sess such certification. Federal Aviation Administration transitions to tively and safely perform their duties; ‘‘(5) REIMBURSEMENT FOR TRAVEL EXPENSES the Next Generation Air Transportation System; (4) the ability of managers and supervisors of ASSOCIATED WITH CERTIFICATIONS.— (D) an analysis of various training ap- such employees to promptly document and seek ‘‘(A) IN GENERAL.—Subject to subparagraph proaches available to satisfy the air traffic con- remediation for unsafe facility conditions; (B), the Administrator may accept reimburse- troller competencies identified under subpara- (5) whether employees of the Administration ment from an educational entity that provides graphs (B) and (C); who report facility-related illnesses are treated training to an air traffic control specialist can- (E) recommendations to improve the current appropriately; didate to cover reasonable travel expenses of the training system for air traffic controllers, in- (6) utilization of scientifically approved reme- Administrator associated with issuing certifi- cluding the technical training strategy and im- diation techniques to mitigate hazardous condi- cations to such candidates. provement plan; and tions in accordance with applicable State and ‘‘(B) TREATMENT OF REIMBURSEMENTS.—Not- (F) the most cost-effective approach to provide local regulations and Occupational Safety and withstanding section 3302 of title 31, any reim- training to air traffic controllers. Health Administration practices by the Adminis- bursement authorized to be collected under sub- (2) REPORT.—Not later than 270 days after the tration; and paragraph (A) shall— date of enactment of this Act, the Administrator (7) resources allocated to facility maintenance ‘‘(i) be credited as offsetting collections to the shall submit to the Committee on Transportation and renovation by the Administration. account that finances the activities and services and Infrastructure of the House of Representa- (b) FACILITY CONDITION INDICES.—The Comp- for which the reimbursement is accepted; tives and the Committee on Commerce, Science, troller General shall review the facility condi- ‘‘(ii) be available for expenditure only to pay and Transportation of the Senate a report on tion indices of the Administration for inclusion the costs of activities and services for which the the results of the study. in the recommendations under subsection (c). reimbursement is accepted, including all costs (b) FACILITY TRAINING PROGRAM.—Not later (c) RECOMMENDATIONS.—Based on the results associated with collecting such reimbursement; than 1 year after the date of enactment of this of the study and review of facility condition in- and Act, the Administrator shall conduct a com- dices under subsection (a), the Comptroller Gen- ‘‘(iii) remain available until expended.’’. prehensive review and evaluation of its Acad- eral shall make such recommendations as the SEC. 608. FAA AIR TRAFFIC CONTROLLER STAFF- emy and facility training efforts. The Adminis- Comptroller General considers necessary— ING. trator shall— (1) to prioritize those facilities needing the (a) STUDY BY NATIONAL ACADEMY OF (1) clarify responsibility for oversight and di- most immediate attention based on risks to em- SCIENCES.—Not later than 90 days after the date rection of the Academy’s facility training pro- ployee health and safety; of enactment of this Act, the Administrator of gram at the national level; (2) to ensure that the Administration is using the Federal Aviation Administration shall enter (2) communicate information concerning that scientifically approved remediation techniques into appropriate arrangements with the Na- responsibility to facility managers; and in all facilities; and tional Academy of Sciences to conduct a study (3) establish standards to identify the number (3) to assist the Administration in making proof the air traffic controller standards used by of developmental air traffic controllers that can grammatic changes so that aging facilities do the Federal Aviation Administration (in this be accommodated at each facility, based on— not deteriorate to unsafe levels.

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(d) REPORT.—Not later than 1 year after the ‘‘(2) RELEASE OF INFORMATION.—In accessing (iii) the proposed timing for implementation. date of enactment of this Act, the Comptroller a repository referred to in paragraph (1), the (4) INPUT.—The report shall be developed by General shall submit to the Administrator, the Administrator shall be subject to the conditions the Administrator (or the Administrator’s des- Committee on Commerce, Science, and Transpor- and procedures established by the Department ignee)— tation of the Senate, and the Committee on of Justice or the State, as appropriate, for other (A) in coordination with the Chief NextGen Transportation and Infrastructure of the House governmental agencies conducting background Officer and the Chief Operating Officer of the of Representatives a report on results of the checks for noncriminal justice purposes. Air Traffic Organization of the FAA; and study, including the recommendations under ‘‘(3) LIMITATION.—The Administrator may not (B) with the participation of— (i) representatives of labor organizations rep- subsection (c). use the authority under paragraph (1) to conduct criminal investigations. resenting operations and maintenance employ- SEC. 611. TECHNICAL CORRECTION. ees of the air traffic control system; and ‘‘(4) REIMBURSEMENT.—The Administrator Section 40122(g)(3) is amended by adding at (ii) industry stakeholders. the end the following: ‘‘Notwithstanding any may collect reimbursement to process the finger- (5) SUBMISSION TO CONGRESS.—Not later than other provision of law, retroactive to April 1, print-based checks under this subsection, to be 120 days after the date of enactment of this Act, 1996, the Board shall have the same remedial used for expenses incurred, including Federal the Administrator shall submit the report to the authority over such employee appeals that it Bureau of Investigation fees, in providing these Committee on Transportation and Infrastruc- had as of March 31, 1996.’’. services. ture of the House of Representatives and the ‘‘(b) DESIGNATED EMPLOYEES.—The Adminis- TITLE VII—AVIATION INSURANCE Committee on Commerce, Science, and Transpor- trator shall designate, by order, employees of tation of the Senate. SEC. 701. GENERAL AUTHORITY. the Administration who may carry out the au- (6) PUBLIC NOTICE AND COMMENT.—The Ad- Section 44302(f)(1) is amended by striking thority described in subsection (a).’’. ministrator shall publish the report in the Fed- ‘‘shall extend through’’ and all that follows (b) CLERICAL AMENDMENT.—The analysis for eral Register and allow 45 days for the submis- through ‘‘the termination date’’ and inserting chapter 401 is amended by adding at the end the sion of public comments. ‘‘shall extend through September 30, 2013, and following: (b) REPORT TO CONGRESS CONTAINING REC- may extend through December 31, 2013, the ter- ‘‘40130. FAA authority to conduct criminal his- OMMENDATIONS OF ADMINISTRATOR.—Not later mination date’’. tory record checks.’’. than 60 days after the last day of the period for SEC. 702. EXTENSION OF AUTHORITY TO LIMIT SEC. 803. CIVIL PENALTIES TECHNICAL AMEND- public comment under subsection (a)(6), the Ad- THIRD-PARTY LIABILITY OF AIR CAR- MENTS. ministrator shall submit to the committees speci- RIERS ARISING OUT OF ACTS OF Section 46301 of title 49, United States Code, is fied in subsection (a)(5)— TERRORISM. amended— (1) a report containing the recommendations The first sentence of section 44303(b) is (1) in subsection (a)(1)(A) by inserting ‘‘chap- of the Administrator on realignment and con- amended by striking ‘‘ending on’’ and all that ter 451,’’ before ‘‘section 47107(b)’’; solidation of services and facilities (including follows through ‘‘the Secretary may certify’’ (2) in subsection (a)(5)(A)(i)— regional offices) of the FAA; and (2) copies of any public comments received by and inserting ‘‘ending on December 31, 2013, the (A) by striking ‘‘or chapter 449’’ and inserting the Administrator under subsection (a)(6). Secretary may certify’’. ‘‘chapter 449’’; and (c) REALIGNMENT AND CONSOLIDATION OF FAA SEC. 703. CLARIFICATION OF REINSURANCE AU- (B) by inserting after ‘‘44909)’’ the following: SERVICES AND FACILITIES.—Except as provided THORITY. ‘‘, or chapter 451’’; The second sentence of section 44304 is amend- in subsection (d), the Administrator shall re- (3) in subsection (d)(2)— align and consolidate the services and facilities ed by striking ‘‘the carrier’’ and inserting ‘‘any (A) in the first sentence— insurance carrier’’. of the FAA in accordance with the recommenda- (i) by striking ‘‘44723) or’’ and inserting the tions included in the report submitted under SEC. 704. USE OF INDEPENDENT CLAIMS ADJUST- following: ‘‘44723), chapter 451,’’; ERS. subsection (b). (ii) by striking ‘‘46302’’ and inserting ‘‘section (d) CONGRESSIONAL DISAPPROVAL.— The second sentence of section 44308(c)(1) is 46302’’; and (1) IN GENERAL.—The Administrator may not amended by striking ‘‘agent’’ and inserting (iii) by striking ‘‘46318, or 47107(b)’’ and in- carry out a recommendation for realignment or ‘‘agent, or a claims adjuster who is independent serting ‘‘section 46318, section 46319, or section consolidation of services or facilities of the FAA of the underwriting agent,’’. 47107(b)’’; and that is included in the report submitted under TITLE VIII—MISCELLANEOUS (B) in the second sentence— subsection (b) if a joint resolution of dis- (i) by striking ‘‘46302’’ and inserting ‘‘section SEC. 801. DISCLOSURE OF DATA TO FEDERAL approval is enacted disapproving such rec- AGENCIES IN INTEREST OF NA- 46302’’; ommendation before the earlier of— TIONAL SECURITY. (ii) by striking ‘‘46303,’’ and inserting ‘‘or sec- (A) the last day of the 30-day period begin- Section 40119(b) is amended by adding at the tion 46303 of this title’’; and ning on the date of submission of the report; or end the following: (iii) by striking ‘‘such chapter 449’’ and insert- (B) the adjournment of Congress sine die for ‘‘(4) Section 552a of title 5 shall not apply to ing ‘‘any of those provisions’’; and the session during which the report is trans- disclosures that the Administrator may make (4) in subsection (f)(1)(A)(i)— mitted. (2) COMPUTATION OF 30-DAY PERIOD.—For pur- from the systems of records of the Administra- (A) by striking ‘‘or chapter 449’’ and inserting poses of paragraph (1)(A), the days on which ei- tion to any Federal law enforcement, intel- ‘‘chapter 449’’; and ther house of Congress is not in session because ligence, protective service, immigration, or na- (B) by inserting after ‘‘44909)’’ the following: of an adjournment of more than 3 days to a day tional security official in order to assist the offi- ‘‘, or chapter 451’’. certain shall be excluded in computation of the cial receiving the information in the perform- SEC. 804. CONSOLIDATION AND REALIGNMENT OF 30-day period. ance of official duties.’’. FAA SERVICES AND FACILITIES. (a) NATIONAL FACILITIES REALIGNMENT AND (e) DEFINITIONS.—In this section, the fol- SEC. 802. FAA AUTHORITY TO CONDUCT CRIMI- CONSOLIDATION REPORT.— lowing definitions apply: NAL HISTORY RECORD CHECKS. (1) FAA.—The term ‘‘FAA’’ means the Federal (1) IN GENERAL.—The Administrator of the (a) IN GENERAL.—Chapter 401 is amended by Federal Aviation Administration shall develop a Aviation Administration. adding at the end the following: (2) REALIGNMENT; CONSOLIDATION.— report, to be known as the National Facilities (A) IN GENERAL.—The terms ‘‘realignment’’ ‘‘§ 40130. FAA authority to conduct criminal Realignment and Consolidation Report, in ac- history record checks and ‘‘consolidation’’ include any action that— cordance with the requirements of this sub- (i) relocates functions, services, or personnel ‘‘(a) CRIMINAL HISTORY BACKGROUND section. positions; CHECKS.— (2) PURPOSE.—The purpose of the report shall (ii) discontinues or severs existing facility ‘‘(1) ACCESS TO INFORMATION.—The Adminis- be— functions or services; or trator of the Federal Aviation Administration, (A) to support the transition to the Next Gen- (iii) combines the results described in clauses for certification purposes of the Administration eration Air Transportation System; and (i) and (ii). only, is authorized— (B) to reduce capital, operating, maintenance, (B) EXCLUSION.—The terms do not include a ‘‘(A) to conduct, in accordance with the estab- and administrative costs of the FAA where such reduction in personnel resulting from workload lished request process, a criminal history back- cost reductions can be implemented without ad- adjustments. ground check of an airman in the criminal re- versely affecting safety. SEC. 805. LIMITING ACCESS TO FLIGHT DECKS OF positories of the Federal Bureau of Investiga- (3) CONTENTS.—The report shall include— ALL-CARGO AIRCRAFT. tion and States by submitting positive identifica- (A) recommendations of the Administrator on (a) STUDY.—Not later than 180 days after the tion of the airman to a fingerprint-based reposi- realignment and consolidation of services and date of enactment of this Act, the Administrator tory in compliance with section 217 of the Na- facilities (including regional offices) of the FAA; of the Federal Aviation Administration, in con- tional Crime Prevention and Privacy Compact and sultation with appropriate air carriers, aircraft Act of 1998 (42 U.S.C. 14616); and (B) for each of the recommendations, a de- manufacturers, and air carrier labor representa- ‘‘(B) to receive relevant criminal history scription of— tives, shall conduct a study to assess the feasi- record information regarding the airman (i) the Administrator’s justification; bility of developing a physical means, or a com- checked. (ii) the projected costs and savings; and bination of physical and procedural means, to

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prohibit individuals other than authorized flight (c) ASSUMPTIONS ABOUT AVIATION FUEL SEC. 812. FAA REVIEW AND REFORM. crewmembers from accessing the flight deck of PRICES.—In conducting the study required by (a) AGENCY REVIEW.—Not later than 60 days an all-cargo aircraft. subsection (a), the Comptroller General shall use after the date of enactment of this Act, the Ad- (b) REPORT.—Not later than 1 year after the the average aviation fuel price for fiscal year ministrator of the Federal Aviation Administra- date of enactment of this Act, the Administrator 2010 as a baseline and measure the impact of in- tion shall undertake a thorough review of each shall submit to the Committee on Transportation creases in aviation fuel prices that range from 5 program, office, and organization within the and Infrastructure of the House of Representa- percent to 200 percent over the 2010 baseline. Administration, including the Air Traffic Orga- tives and the Committee on Commerce, Science, SEC. 809. WIND TURBINE LIGHTING. nization, to identify— and Transportation of the Senate a report on (a) STUDY.—The Administrator of the Federal (1) duplicative positions, programs, roles, or the results of the study. Aviation Administration shall conduct a study offices; SEC. 806. CONSOLIDATION OR ELIMINATION OF on wind turbine lighting systems. (2) wasteful practices; OBSOLETE, REDUNDANT, OR OTHER- (b) CONTENTS.—In conducting the study, the (3) redundant, obsolete, or unnecessary func- WISE UNNECESSARY REPORTS; USE Administrator shall examine the following: tions; OF ELECTRONIC MEDIA FORMAT. (1) The aviation safety issues associated with (4) inefficient processes; and (a) CONSOLIDATION OR ELIMINATION OF RE- alternative lighting strategies, technologies, and (5) ineffectual or outdated policies. PORTS.—Not later than 2 years after the date of regulations. (b) ACTIONS TO STREAMLINE AND REFORM enactment of this Act, and every 2 years there- (2) The feasibility of implementing alternative FAA.—Not later than 120 days after the date of after, the Administrator of the Federal Aviation lighting strategies or technologies to improve enactment of this Act, the Administrator shall Administration shall submit to the Committee on aviation safety. undertake such actions as may be necessary to Commerce, Science, and Transportation of the (3) Any other issue relating to wind turbine address the Administrator’s findings under sub- Senate and the Committee on Transportation lighting. section (a), including— and Infrastructure of the House of Representa- (c) REPORT.—Not later than 1 year after the (1) consolidating, phasing-out, or eliminating tives a report containing— date of enactment of this Act, the Administrator duplicative positions, programs, roles, or offices; (1) a list of obsolete, redundant, or otherwise shall submit to Congress a report on the results (2) eliminating or streamlining wasteful prac- unnecessary reports the Administration is re- of the study, including information and rec- tices; quired by law to submit to Congress or publish ommendations concerning the issues examined (3) eliminating or phasing-out redundant, ob- that the Administrator recommends eliminating under subsection (b). solete, or unnecessary functions; or consolidating with other reports; and SEC. 810. AIR-RAIL CODE SHARING STUDY. (4) reforming and streamlining inefficient (2) an estimate of the cost savings that would (a) CODE SHARE STUDY.—Not later than 180 processes so that the activities of the Adminis- result from the elimination or consolidation of days after the date of enactment of this Act, the tration are completed in an expedited and effi- those reports. Comptroller General of the United States shall cient manner; and (5) reforming or eliminating ineffectual or out- (b) USE OF ELECTRONIC MEDIA FOR RE- initiate a study regarding— dated policies. PORTS.— (1) existing airline and intercity passenger rail (c) AUTHORITY.—Notwithstanding any other (1) IN GENERAL.—Notwithstanding any other code sharing arrangements; and provision of law, the Administration— (2) the feasibility, costs to taxpayers and other provision of law, the Administrator shall have (A) may not publish any report required or parties, and benefits of increasing the inter- the authority to undertake the actions required authorized by law in a printed format; and modal connectivity of airline and intercity pas- under subsection (b). (d) REPORT TO CONGRESS.—Not later than 150 (B) shall publish any such report by posting it senger rail facilities and systems to improve pas- days after the date of enactment of this Act, the on the Administration’s Internet Web site in an senger travel. Administrator shall submit to Congress a report easily accessible and downloadable electronic (b) CONSIDERATIONS.—In conducting the on the actions taken by the Administrator under format. study, the Comptroller General shall consider— this section, including any recommendations for (2) EXCEPTION.—Paragraph (1) does not apply (1) the potential costs to taxpayers and other legislative or administrative actions. to any report with respect to which the Admin- parties and benefits of the implementation of istrator determines that— more integrated scheduling between airlines and SEC. 813. USE OF MINERAL REVENUE AT CERTAIN (A) its publication in a printed format is es- Amtrak or other intercity passenger rail carriers AIRPORTS. sential to the mission of the Administration; or achieved through code sharing arrangements; (a) IN GENERAL.—Notwithstanding any other (B) its publication in accordance with the re- (2) airport and intercity passenger rail oper- provision of law, the Administrator of the Fed- quirements of paragraph (1) would disclose mat- ations that can improve connectivity between eral Aviation Administration may declare cer- ter— airports and intercity passenger rail facilities tain revenue derived from or generated by min- (i) described in section 552(b) of title 5, United and stations; eral extraction, production, lease, or other (3) the experience of other countries with re- States Code; or means at a general aviation airport to be rev- spect to airport and intercity passenger rail (ii) the disclosure of which would have an ad- enue greater than the amount needed to carry connectivity; and verse impact on aviation safety or security, as out the 5-year projected maintenance needs of (4) such other issues the Comptroller General determined by the Administrator. the airport in order to comply with the applica- considers appropriate. ble design and safety standards of the Adminis- SEC. 807. PROHIBITION ON USE OF CERTAIN (c) REPORT.—Not later than 1 year after initi- tration. FUNDS. ating the study required by subsection (a), the (b) USE OF REVENUE.—An airport sponsor that The Secretary of Transportation may not use Comptroller General shall submit to the Com- is in compliance with the conditions under sub- any funds made available pursuant to this Act mittee on Commerce, Science, and Transpor- section (c) may allocate revenue identified by (including any amendment made by this Act) to tation of the Senate and the Committee on the Administrator under subsection (a) for Fed- name, rename, designate, or redesignate any Transportation and Infrastructure of the House eral, State, or local transportation infrastruc- project or program authorized by this Act (in- of Representatives a report on the results of the ture projects carried out by the airport sponsor cluding any amendment made by this Act) for study, including any conclusions of the Comp- or by a governing body within the geographical an individual then serving in Congress as a troller General resulting from the study. limits of the airport sponsor’s jurisdiction. Member, Delegate, Resident Commissioner, or SEC. 811. D.C. METROPOLITAN AREA SPECIAL (c) CONDITIONS.—An airport sponsor may not Senator. FLIGHT RULES AREA. allocate revenue identified by the Administrator SEC. 808. STUDY ON AVIATION FUEL PRICES. (a) SUBMISSION OF PLAN TO CONGRESS.—Not under subsection (a) unless the airport spon- (a) IN GENERAL.—Not later than 180 days later than 180 days after the date of enactment sor— after the date of enactment of this Act, the of this Act, the Administrator of the Federal (1) enters into a written agreement with the Comptroller General of the United States shall Aviation Administration, in consultation with Administrator that sets forth a 5-year capital conduct a study and report to Congress on the the Secretary of Homeland Security and the Sec- improvement program for the airport, which— impact of increases in aviation fuel prices on the retary of Defense, shall submit to the Committee (A) includes the projected costs for the oper- Airport and Airway Trust Fund and the avia- on Transportation and Infrastructure and the ation, maintenance, and capacity needs of the tion industry in general. Committee on Homeland Security of the House airport in order to comply with applicable de- (b) CONTENTS.—The study shall include an as- of Representatives and the Committee on Com- sign and safety standards of the Administration; sessment of the impact of increases in aviation merce, Science, and Transportation of the Sen- and fuel prices on— ate a plan for the D.C. Metropolitan Area Spe- (B) appropriately adjusts such costs to ac- (1) general aviation; cial Flight Rules Area. count for inflation; (2) commercial passenger aviation; (b) CONTENTS OF PLAN.—The plan shall out- (2) agrees in writing— (3) piston aircraft purchase and use; line specific changes to the D.C. Metropolitan (A) to waive all rights to receive entitlement (4) the aviation services industry, including Area Special Flight Rules Area that will de- funds or discretionary funds to be used at the repair and maintenance services; crease operational impacts and improve general airport under section 47114 or 47115 of title 49, (5) aviation manufacturing; aviation access to airports in the National Cap- United States Code, during the 5-year period of (6) aviation exports; and ital Region that are currently impacted by the the capital improvement plan described in para- (7) the use of small airport installations. zone. graph (1);

VerDate Sep 11 2014 12:49 Feb 24, 2017 Jkt 019102 PO 00000 Frm 00039 Fmt 0688 Sfmt 6333 E:\BR12\H01FE2.000 H01FE2 rmajette on DSK2TPTVN1PROD with BOUND RECORD 642 CONGRESSIONAL RECORD—HOUSE, Vol. 158, Pt. 1 February 1, 2012 (B) to perpetually comply with sections 1350.15C, Item Number 8110. Such revision shall (A) the ongoing operations of LAX; and 47107(b) and 47133 of such title, unless granted prohibit the destruction of the historical aircraft (B) plans to expand, modify, or realign LAX specific exceptions by the Administrator in ac- documents identified in paragraph (1). facilities; and cordance with this section; and (3) CONSULTATION.—The Administrator may (2) should include in such consultations any (C) to operate the airport as a public-use air- carry out paragraph (1) in consultation with the organization, the membership of which includes port, unless the Administrator specifically Archivist of the United States and the Adminis- at least 100 individuals who reside within 10 grants a request to allow the airport to close; trator of General Services. miles of the airport, that notifies Los Angeles and (b) AVAILABILITY OF DOCUMENTS.— World Airports of its desire to be included in (3) complies with all grant assurance obliga- (1) FREEDOM OF INFORMATION ACT RE- such consultations. tions in effect as of the date of the enactment of QUESTS.—The Administrator shall make the doc- SEC. 819. HUMAN INTERVENTION MOTIVATION this Act during the 20-year period beginning on uments to be preserved under subsection (a)(1) STUDY. the date of enactment of this Act. available to a person— Not later than 180 days after the date of en- (d) COMPLETION OF DETERMINATION.—Not (A) upon receipt of a request made by the per- actment of this Act, the Administrator of the later than 90 days after receiving an airport son pursuant to section 552 of title 5, United Federal Aviation Administration shall develop a sponsor’s application and requisite supporting States Code; and Human Intervention Motivation Study program documentation to declare that certain mineral (B) subject to a prohibition on use of the doc- for cabin crew members employed by commercial revenue is not needed to carry out the 5-year uments for commercial purposes. air carriers in the United States. capital improvement program at such airport, (2) TRADE SECRETS, COMMERCIAL, AND FINAN- SEC. 820. STUDY OF AERONAUTICAL MOBILE TE- the Administrator shall determine whether the CIAL INFORMATION.—Section 552(b)(4) of such LEMETRY. airport sponsor’s request should be granted. The title shall not apply to requests for documents to Not later than 180 days after the date of en- Administrator may not unreasonably deny an be made available pursuant to paragraph (1). actment of this Act, the Administrator of the application under this subsection. (c) HOLDER OF TYPE CERTIFICATE.— Federal Aviation Administration, in consulta- (e) RULEMAKING.—Not later than 90 days after (1) RIGHTS OF HOLDER.—Nothing in this section with other Federal agencies, shall submit to the date of enactment of this Act, the Adminis- tion shall affect the rights of a holder or owner the Committee on Commerce, Science, and trator shall promulgate regulations to carry out of a type certificate identified in subsection Transportation of the Senate and the Committee this section. (a)(1), nor require the holder or owner to pro- on Science, Space, and Technology and the (f) GENERAL AVIATION AIRPORT DEFINED.—In vide, surrender, or preserve any original or du- Committee on Energy and Commerce of the this section, the term ‘‘general aviation airport’’ plicate engineering or technical data to or for House of Representatives a report that identi- has the meaning given that term in section 47102 the Federal Aviation Administration, a person, fies— (1) the current and anticipated, with respect of title 49, United States Code, as amended by or the public. to the next decade, need by civil aviation, in- this Act. (2) LIABILITY.—There shall be no liability on cluding equipment manufacturers, for aero- the part of, and no cause of action of any na- SEC. 814. CONTRACTING. nautical mobile telemetry services; and When drafting contract proposals for training ture shall arise against, a holder of a type cer- (2) the potential impact to the aerospace in- facilities under the general contracting author- tificate, its authorized representative, its agents, dustry of the introduction of a new radio service ity of the Federal Aviation Administration, the or its employees, or any firm, person, corpora- that operates in the same spectrum allocated to Administrator of the Federal Aviation Adminis- tion, or insurer related to the type certificate the aeronautical mobile telemetry service. data and documents identified in subsection tration shall ensure— SEC. 821. CLARIFICATION OF REQUIREMENTS (1) the proposal is drafted so that all parties (a)(1). FOR VOLUNTEER PILOTS OPER- can fairly compete; and (3) AIRWORTHINESS.—Notwithstanding any ATING CHARITABLE MEDICAL (2) the proposal takes into consideration the other provision of law, the holder of a type cer- FLIGHTS. most cost-effective location, accessibility, and tificate identified in subsection (a)(1) shall only (a) REIMBURSEMENT OF FUEL COSTS.—Not- services options. be responsible for Federal Aviation Administra- withstanding any other law or regulation, in SEC. 815. FLOOD PLANNING. tion regulation requirements related to type cer- administering section 61.113(c) of title 14, Code (a) STUDY.—The Administrator of the Federal tificate data and documents identified in sub- of Federal Regulations (or any successor regula- Aviation Administration, in consultation with section (a)(1) for aircraft having a standard air- tion), the Administrator of the Federal Aviation the Administrator of the Federal Emergency worthiness certificate issued prior to the date Administration shall allow an aircraft owner or Management Agency, shall conduct a review the documents are released to a person by the operator to accept reimbursement from a volun- and submit to the Committee on Commerce, Federal Aviation Administration under sub- teer pilot organization for the fuel costs associ- Science, and Transportation of the Senate and section (b)(1). ated with a flight operation to provide transpor- the Committee on Transportation and Infra- SEC. 817. RELEASE FROM RESTRICTIONS. tation for an individual or organ for medical structure of the House of Representatives a re- (a) IN GENERAL.—Subject to subsection (b), purposes (and for other associated individuals), port on the state of preparedness and response the Secretary of Transportation is authorized to if the aircraft owner or operator has— (1) volunteered to provide such transpor- capability for airports located in flood plains to grant to an airport, city, or county a release from any of the terms, conditions, reservations, tation; and respond to and seek assistance in rebuilding (2) notified any individual that will be on the or restrictions contained in a deed under which after catastrophic flooding. flight, at the time of inquiry about the flight, (b) ELIGIBILITY OF DEMOLITION AND REBUILD- the United States conveyed to the airport, city, that the flight operation is for charitable pur- ING OF PROPERTIES.—Section 1366(e) of the Na- or county an interest in real property for airport poses and is not subject to the same require- tional Flood Insurance Act of 1968 (42 U.S.C. purposes pursuant to section 16 of the Federal ments as a commercial flight. Airport Act (60 Stat. 179) or section 23 of the 4104c(e)) is amended by adding at the end the (b) CONDITIONS TO ENSURE SAFETY.—The Ad- Airport and Airway Development Act of 1970 (84 following: ministrator may impose minimum standards Stat. 232). ‘‘(6) ELIGIBILITY OF DEMOLITION AND REBUILD- with respect to training and flight hours for sin- (b) CONDITION.—Any release granted by the ING OF PROPERTIES.—The Director shall consider gle-engine, multi-engine, and turbine-engine op- Secretary pursuant to subsection (a) shall be as an eligible activity the demolition and re- erations conducted by an aircraft owner or op- subject to the following conditions: building of properties to at least base flood lev- erator that is being reimbursed for fuel costs by (1) The applicable airport, city, or county els or higher, if required by the Director or if re- a volunteer pilot organization, including man- shall agree that in conveying any interest in the quired by any State or local ordinance, and in dating that the pilot in command of such air- real property which the United States conveyed accordance with project implementation criteria craft hold an instrument rating and be current to the airport, city, or county, the airport, city, established by the Director.’’. and qualified for the aircraft being flown to en- or county will receive consideration for such in- SEC. 816. HISTORICAL AIRCRAFT DOCUMENTS. sure the safety of flight operations described in terest that is equal to its fair market value. (a) PRESERVATION OF DOCUMENTS.— subsection (a). (2) Any consideration received by the airport, (1) IN GENERAL.—The Administrator of the (c) VOLUNTEER PILOT ORGANIZATION.—In this Federal Aviation Administration shall take such city, or county under paragraph (1) shall be section, the term ‘‘volunteer pilot organization’’ actions as the Administrator determines nec- used exclusively for the development, improve- means an organization that— essary to preserve original aircraft type certifi- ment, operation, or maintenance of a public air- (1) is described in section 501(c)(3) of the In- cate engineering and technical data in the pos- port by the airport, city, or county. ternal Revenue Code of 1986 and is exempt from session of the Federal Aviation Administration (3) Any other conditions required by the Sec- taxation under section 501(a) of such Code; and related to— retary. (2) is organized for the primary purpose of (A) approved aircraft type certificate numbers SEC. 818. SENSE OF CONGRESS. providing, arranging, or otherwise fostering ATC 1 through ATC 713; and It is the sense of Congress that Los Angeles charitable medical transportation. (B) Group-2 approved aircraft type certificate World Airports, the operator of Los Angeles SEC. 822. PILOT PROGRAM FOR REDEVELOPMENT numbers 2–1 through 2–544. International Airport (LAX)— OF AIRPORT PROPERTIES. (2) REVISION OF ORDER.—Not later than 3 (1) should consult on a regular basis with rep- (a) IN GENERAL.—Not later than 1 year after years after the date of enactment of this Act, resentatives of the community surrounding the the date of enactment of this Act, the Adminis- the Administrator shall revise FAA Order airport regarding— trator of the Federal Aviation Administration

VerDate Sep 11 2014 12:49 Feb 24, 2017 Jkt 019102 PO 00000 Frm 00040 Fmt 0688 Sfmt 6333 E:\BR12\H01FE2.000 H01FE2 rmajette on DSK2TPTVN1PROD with BOUND RECORD February 1, 2012 CONGRESSIONAL RECORD—HOUSE, Vol. 158, Pt. 1 643 shall establish a pilot program under which op- (E) deposit in the Airport and Airway Trust (1) Cargo-only aircraft transporting the cyl- erators of up to 4 public-use airports may re- Fund established under section 9502 of the In- inders to a delivery destination that receives ceive grants for activities related to the redevel- ternal Revenue Code of 1986 (26 U.S.C. 9502); cargo-only service at least once a week. opment of airport properties in accordance with (2) shall be available in addition to amounts (2) Passenger and cargo-only aircraft trans- the requirements of this section. authorized under section 48103 of such title; porting the cylinders to a delivery destination (b) GRANTS.—Under the pilot program, the (3) shall not be subject to any limitation on that does not receive cargo-only service at least Administrator may make a grant in a fiscal grant obligations for any fiscal year; and once a week. year, from funds made available for grants (4) shall remain available until expended. (d) DESCRIPTION OF REGULATORY REQUIRE- under section 47117(e)(1)(A) of title 49, United (h) FEDERAL SHARE.— MENTS.—The regulations described in this sub- States Code, to an airport operator for a (1) IN GENERAL.—Notwithstanding any other section are the regulations of the Pipeline and project— provision of law, the Federal share of the allow- Hazardous Materials Safety Administration con- (1) to support joint planning, engineering, de- able costs of a project carried out under the tained in sections 173.302(f)(3), 173.302(f)(4), sign, and environmental permitting of projects, pilot program shall be 80 percent. 173.302(f)(5), 173.304(f)(3), 173.304(f)(4), and (2) ALLOWABLE COSTS.—In determining the al- including the assembly and redevelopment of 173.304(f)(5) of title 49, Code of Federal Regula- lowable costs, the Administrator shall deduct property purchased with noise mitigation funds tions. made available under section 48103 of such title from the total costs of the activities described in SEC. 825. ORPHAN AVIATION EARMARKS. or passenger facility revenue collected under subsection (b) that portion of the costs which is (a) EARMARK DEFINED.—In this section, the section 40117 of such title; and equal to that portion of the total property to be (2) to encourage airport-compatible land uses redeveloped under this section that is not owned term ‘‘earmark’’ means a statutory provision or and generate economic benefits to the local air- or to be acquired by the airport operator pursu- report language included primarily at the report authority and adjacent community. ant to the noise compatibility program or that is quest of a Senator or a Member, Delegate, or (c) ELIGIBILITY.—An airport operator shall be not owned by the affected neighboring local ju- Resident Commissioner of the House of Rep- eligible to participate in the pilot program if— risdictions or other public entities. resentatives providing, authorizing, or recom- (1) the operator has received approval for a (i) MAXIMUM AMOUNT.—Not more than mending a specific amount of discretionary noise compatibility program under section 47504 $5,000,000 of the funds made available for grants budget authority, credit authority, or other of such title; and under section 47117(e)(1)(A) of such title may be spending authority for a contract, loan, loan (2) the operator demonstrates, as determined expended under the pilot program for any single guarantee, grant, or other expenditure with or by the Administrator— public-use airport. to an entity or a specific State, locality, or Con- (A) a readiness to implement cooperative land (j) USE OF PASSENGER REVENUE.—An airport gressional district, other than through a statu- use management and redevelopment plans with operator participating in the pilot program may tory or administrative formula-driven or com- neighboring local jurisdictions; and use passenger facility revenue collected under petitive award process. (B) the probability of a clear economic benefit section 40117 of such title to pay any project (b) RESCISSION.—If any earmark relating to to neighboring local jurisdictions and financial cost described in subsection (b) that is not fi- the Federal Aviation Administration has more return to the airport through the implementa- nanced by a grant under the pilot program. than 90 percent of applicable appropriated tion of those plans. (k) SUNSET.—This section shall not be in effect amounts remaining available for obligation at (d) DISTRIBUTION.—The Administrator shall after September 30, 2015. the end of the 9th fiscal year beginning after the seek to award grants under the pilot program to SEC. 823. REPORT ON NEW YORK CITY AND NEW- fiscal year in which those amounts were appro- airport operators representing different geo- ARK AIR TRAFFIC CONTROL FACILI- priated, the unobligated portion of those graphic areas of the United States. TIES. amounts is rescinded effective at the end of that (e) PARTNERSHIP WITH NEIGHBORING LOCAL Under previous agreements, the Federal Avia- 9th fiscal year, except that the Administrator of JURISDICTIONS.—An airport operator shall use tion Administration negotiated staffing levels at the Federal Aviation Administration may delay grant funds made available under the pilot pro- the air traffic control facilities in the Newark any such rescission if the Administrator deter- gram only in partnership with neighboring local and New York City areas. Not later than 90 mines that an obligation with respect to those jurisdictions. days after the date of enactment of this Act, the amounts is likely to occur during the 12-month (f) GRANT REQUIREMENTS.—The Administrator Administrator of the Federal Aviation Adminis- period beginning on the last day of that 9th fis- may not make a grant to an airport operator tration shall submit to the Committee on Com- cal year. under the pilot program unless the grant is— merce, Science, and Transportation of the Sen- (c) IDENTIFICATION AND REPORT.— (1) made to enable the airport operator and ate and the Committee on Transportation and (1) AGENCY IDENTIFICATION.—At the end of local jurisdictions undertaking community rede- Infrastructure of the House of Representatives a each fiscal year, the Administrator shall iden- velopment efforts to expedite those efforts; report on the Federal Aviation Administration’s tify and report to the Director of the Office of (2) subject to a requirement that the local ju- staffing and scheduling plans for air traffic con- Management and Budget every earmark related risdiction governing the property interests sub- trol facilities in the New York City and Newark to the Administration and with respect to which ject to the redevelopment efforts has adopted Region for the 1-year period beginning on such there is an unobligated balance of appropriated and will continue in effect zoning regulations date of enactment. amounts. that permit airport-compatible redevelopment; SEC. 824. CYLINDERS OF COMPRESSED OXYGEN (2) ANNUAL REPORT.—Not later than 1 year and OR OTHER OXIDIZING GASES. after the date of enactment of this Act, and an- (3) subject to a requirement that, in deter- (a) IN GENERAL.—Subject to subsections (b) nually thereafter, the Director shall submit to mining the part of the proceeds from disposing and (c), entities transporting, in the State of Congress and make available to the public on of land that is subject to repayment and rein- Alaska, cylinders of compressed oxygen or other the Internet Web site of the Office a report that vestment requirements under section oxidizing gases aboard aircraft shall be exempt includes— 47107(c)(2)(A) of such title, the total amount of from compliance with the regulations described (A) a listing of each earmark related to the a grant issued under the pilot program that is in subsection (d), to the extent that the regula- Administration and with respect to which there attributable to the redevelopment of such land tions require that oxidizing gases transported is an unobligated balance of appropriated shall be added to other amounts that must be re- aboard aircraft be enclosed in outer packaging amounts, which shall include the amount of the paid or reinvested under that section upon dis- capable of passing the flame penetration resist- original earmark, the amount of the unobligated posal of such land by the airport operator. ance test and the thermal resistance test, with- balance related to that earmark, and the date (g) EXCEPTIONS TO REPAYMENT AND REINVEST- out regard to the end use of the cylinders. on which the funding expires, if applicable; MENT REQUIREMENTS.—Amounts paid to the Sec- (b) APPLICABILITY OF EXEMPTION.—The ex- (B) the number of rescissions under subsection retary of Transportation under subsection emption provided under subsection (a) shall (b) and the savings resulting from those rescis- (f)(3)— apply only if— sions for the previous fiscal year; and (1) shall be available to the Secretary for, giv- (1) transportation of the cylinders by a ing preference to the actions in descending ground-based or water-based mode of transpor- (C) a listing of earmarks related to the Admin- order— tation is unavailable and transportation by air- istration with amounts scheduled for rescission (A) reinvestment in an approved noise com- craft is the only practical means for trans- at the end of the current fiscal year. patibility project at the applicable airport; porting the cylinders to their destination; SEC. 826. PRIVACY PROTECTIONS FOR AIR PAS- (B) reinvestment in another approved project (2) each cylinder is fully covered with a fire- SENGER SCREENING WITH AD- at the airport that is eligible for funding under or flame-resistant blanket that is secured in VANCED IMAGING TECHNOLOGY. section 47117(e) of such title; place; and Section 44901 is amended by adding at the end (C) reinvestment in an approved airport devel- (3) the operator of the aircraft complies with the following: opment project at the airport that is eligible for the applicable notification procedures under ‘‘(l) LIMITATIONS ON USE OF ADVANCED IMAG- funding under section 47114, 47115, or 47117 of section 175.33 of title 49, Code of Federal Regu- ING TECHNOLOGY FOR SCREENING PASSENGERS.— such title; lations. ‘‘(1) DEFINITIONS.—In this subsection, the fol- (D) transfer to an operator of another public (c) AIRCRAFT RESTRICTION.—The exemption lowing definitions apply: airport to be reinvested in an approved noise provided under subsection (a) shall apply only ‘‘(A) ADVANCED IMAGING TECHNOLOGY.—The compatibility project at such airport; and to the following types of aircraft: term ‘advanced imaging technology’—

VerDate Sep 11 2014 12:49 Feb 24, 2017 Jkt 019102 PO 00000 Frm 00041 Fmt 0688 Sfmt 6333 E:\BR12\H01FE2.000 H01FE2 rmajette on DSK2TPTVN1PROD with BOUND RECORD 644 CONGRESSIONAL RECORD—HOUSE, Vol. 158, Pt. 1 February 1, 2012 ‘‘(i) means a device used in the screening of 2004,’’ and inserting ‘‘Beginning on October 1, ments of the Occupational Safety and Health passengers that creates a visual image of an in- 2015,’’. Administration may be applied to crewmembers dividual showing the surface of the skin and re- SEC. 828. AIR TRANSPORTATION OF LITHIUM while working in an aircraft. vealing other objects on the body; and CELLS AND BATTERIES. SEC. 830. APPROVAL OF APPLICATIONS FOR THE ‘‘(ii) may include devices using backscatter x- (a) IN GENERAL.—The Secretary of Transpor- AIRPORT SECURITY SCREENING rays or millimeter waves and devices referred to tation, including a designee of the Secretary, OPT-OUT PROGRAM. as ‘whole-body imaging technology’ or ‘body may not issue or enforce any regulation or other (a) IN GENERAL.—Section 44920(b) is amended scanning machines’. requirement regarding the transportation by air- to read as follows: ‘‘(B) APPROPRIATE CONGRESSIONAL COMMIT- craft of lithium metal cells or batteries or lith- ‘‘(b) APPROVAL OF APPLICATIONS.— TEES.—The term ‘appropriate congressional com- ium ion cells or batteries, whether transported ‘‘(1) IN GENERAL.—Not later than 120 days mittees’ means— separately or packed with or contained in after the date of receipt of an application sub- ‘‘(i) the Committee on Commerce, Science, and equipment, if the requirement is more stringent mitted by an airport operator under subsection Transportation and the Committee on Homeland than the requirements of the ICAO Technical (a), the Under Secretary shall approve or deny Security and Governmental Affairs of the Sen- Instructions. the application. ate; and (b) EXCEPTIONS.— ‘‘(2) STANDARDS.—The Under Secretary shall ‘‘(ii) the Committee on Homeland Security of (1) PASSENGER CARRYING AIRCRAFT.—Notwith- approve an application submitted by an airport the House of Representatives. standing subsection (a), the Secretary may en- operator under subsection (a) if the Under Sec- ‘‘(C) AUTOMATIC TARGET RECOGNITION SOFT- force the prohibition on transporting primary retary determines that the approval would not WARE.—The term ‘automatic target recognition (non-rechargeable) lithium batteries and cells compromise security or detrimentally affect the software’ means software installed on an ad- aboard passenger carrying aircraft set forth in cost-efficiency or the effectiveness of the screen- vanced imaging technology that produces a ge- special provision A100 under section ing of passengers or property at the airport. neric image of the individual being screened 172.102(c)(2) of title 49, Code of Federal Regula- ‘‘(3) REPORTS ON DENIALS OF APPLICATIONS.— that is the same as the images produced for all tions (as in effect on the date of enactment of ‘‘(A) IN GENERAL.—If the Under Secretary de- other screened individuals. this Act). nies an application submitted by an airport operator under subsection (a), the Under Secretary ‘‘(2) USE OF ADVANCED IMAGING TECH- (2) CREDIBLE REPORTS.—Notwithstanding sub- NOLOGY.—Beginning June 1, 2012, the Assistant section (a), if the Secretary obtains a credible shall provide to the airport operator, not later Secretary of Homeland Security (Transportation report with respect to a safety incident from a than 60 days following the date of the denial, a Security Administration) shall ensure that any national or international governmental regu- written report that sets forth— ‘‘(i) the findings that served as the basis for advanced imaging technology used for the latory or investigating body that demonstrates the denial; screening of passengers under this section— that the presence of lithium metal cells or bat- ‘‘(ii) the results of any cost or security anal- ‘‘(A) is equipped with and employs automatic teries or lithium ion cells or batteries on an air- ysis conducted in considering the application; target recognition software; and craft, whether transported separately or packed and ‘‘(B) complies with such other requirements as with or contained in equipment, in accordance ‘‘(iii) recommendations on how the airport op- the Assistant Secretary determines necessary to with the requirements of the ICAO Technical erator can address the reasons for the denial. address privacy considerations. Instructions, has substantially contributed to ‘‘(B) SUBMISSION TO CONGRESS.—The Under ‘‘(3) EXTENSION.— the initiation or propagation of an onboard fire, Secretary shall submit to the Committee on Com- ‘‘(A) IN GENERAL.—The Assistant Secretary the Secretary— may extend the deadline specified in paragraph merce, Science, and Transportation of the Sen- (A) may issue and enforce an emergency regu- ate and the Committee on Homeland Security of (2), if the Assistant Secretary determines that— lation, more stringent than the requirements of ‘‘(i) an advanced imaging technology the House of Representatives a copy of any re- the ICAO Technical Instructions, that governs port provided to an airport operator under sub- equipped with automatic target recognition soft- the transportation by aircraft of such cells or ware is not substantially as effective at screen- paragraph (A).’’. batteries, if that regulation— (b) WAIVERS.—Section 44920(d) is amended— ing passengers as an advanced imaging tech- (i) addresses solely deficiencies referenced in (1) by redesignating paragraphs (1) and (2) as nology without such software; or the report; and subparagraphs (A) and (B), respectively, and ‘‘(ii) additional testing of such software is (ii) is effective for not more than 1 year; and moving the subparagraphs 2 ems to the right; necessary. (B) may adopt and enforce a permanent regu- (2) by striking ‘‘The Under Secretary’’ and in- ‘‘(B) DURATION OF EXTENSIONS.—The Assist- lation, more stringent than the requirements of serting the following: ant Secretary may issue one or more extensions the ICAO Technical Instructions, that governs ‘‘(1) IN GENERAL.—The Under Secretary’’; and under subparagraph (A). The duration of each the transportation by aircraft of such cells or (3) by adding at the end the following: extension may not exceed one year. batteries, if— ‘‘(2) WAIVERS.—The Under Secretary may ‘‘(4) REPORTS.— (i) the Secretary bases the regulation upon waive the requirement of paragraph (1)(B) for ‘‘(A) IN GENERAL.—Not later than 60 days substantial credible evidence that the otherwise any company that is a United States subsidiary after the deadline specified in paragraph (2), permissible presence of such cells or batteries with a parent company that has implemented a and not later than 60 days after the date on would substantially contribute to the initiation foreign ownership, control, or influence mitiga- which the Assistant Secretary issues any exten- or propagation of an onboard fire; tion plan that has been approved by the Defense sion under paragraph (3), the Assistant Sec- (ii) the regulation addresses solely the defi- Security Service of the Department of Defense retary shall submit to the appropriate congres- ciencies in existing regulations; and prior to the submission of the application. The sional committees a report on the implementa- (iii) the regulation imposes the least disruptive Under Secretary has complete discretion to re- tion of this subsection. and least expensive variation from existing reject any application from a private screening ‘‘(B) ELEMENTS.—A report submitted under quirements while adequately addressing identi- company to provide screening services at an air- subparagraph (A) shall include the following: fied deficiencies. port that requires a waiver under this para- ‘‘(i) A description of all matters the Assistant (c) ICAO TECHNICAL INSTRUCTIONS DE- graph.’’. Secretary considers relevant to the implementa- FINED.—In this section, the term ‘‘ICAO Tech- (c) RECOMMENDATIONS OF AIRPORT OPER- tion of the requirements of this subsection. nical Instructions’’ means the International ATOR.—Section 44920 is amended by adding at ‘‘(ii) The status of compliance by the Trans- Civil Aviation Organization Technical Instruc- the end the following: portation Security Administration with such re- tions for the Safe Transport of Dangerous Goods ‘‘(h) RECOMMENDATIONS OF AIRPORT OPER- quirements. by Air (as amended, including amendments ATOR.—As part of any submission of an applica- ‘‘(iii) If the Administration is not in full com- adopted after the date of enactment of this Act). tion for a private screening company to provide pliance with such requirements— SEC. 829. CLARIFICATION OF MEMORANDUM OF screening services at an airport, the airport op- ‘‘(I) the reasons for the noncompliance; and UNDERSTANDING WITH OSHA. erator shall provide to the Under Secretary a ‘‘(II) a timeline depicting when the Assistant Not later than 6 months after the date of en- recommendation as to which company would Secretary expects the Administration to achieve actment of this Act, the Administrator of the best serve the security screening and passenger full compliance. Federal Aviation Administration shall— needs of the airport, along with a statement ex- ‘‘(C) SECURITY CLASSIFICATION.—To the great- (1) establish milestones, in consultation with plaining the basis of the operator’s recommenda- est extent practicable, a report prepared under the Occupational Safety and Health Adminis- tion.’’. subparagraph (A) shall be submitted in an un- tration, in a report to Congress— (d) RECONSIDERATION OF APPLICATIONS PEND- classified format. If necessary, the report may (A) for the completion of work begun under ING AS OF JANUARY 1, 2011.— include a classified annex.’’. the August 2000 memorandum of understanding (1) IN GENERAL.—Upon the request of an air- SEC. 827. COMMERCIAL SPACE LAUNCH LICENSE between the Administrations; and port operator, the Secretary of Homeland Secu- REQUIREMENTS. (B) to address issues that need further action, rity shall reconsider any application for the Section 50905(c)(3) of title 51, United States as set forth in the December 2000 joint report of screening of passengers and property that— Code, is amended by striking ‘‘Beginning 8 the Administrations; and (A) was submitted by the operator of an air- years after the date of enactment of the Com- (2) initiate development of a policy statement port pursuant to section 44920(a) of title 49, mercial Space Launch Amendments Act of to set forth the circumstances in which require- United States Code;

VerDate Sep 11 2014 12:49 Feb 24, 2017 Jkt 019102 PO 00000 Frm 00042 Fmt 0688 Sfmt 6333 E:\BR12\H01FE2.000 H01FE2 rmajette on DSK2TPTVN1PROD with BOUND RECORD February 1, 2012 CONGRESSIONAL RECORD—HOUSE, Vol. 158, Pt. 1 645 (B) was pending for final decision by the Sec- ‘‘(7) Flightdeck/Maintenance/System Integra- (2) in paragraph (7) by striking the period at retary on any day between January 1, 2011, and tion Human Factors. the end and inserting ‘‘; and’’; and February 3, 2011, and was resubmitted by the ‘‘(8) System Safety Management. (3) by adding at the end the following: applicant in accordance with new guidelines ‘‘(9) Air Traffic Control/Technical Operations ‘‘(8) in conjunction with other Federal agen- provided by the Secretary after February 3, Human Factors. cies, as appropriate, to develop technologies and 2011; and ‘‘(10) Aeromedical Research. methods to assess the risk of and prevent de- (C) has not been approved by the Secretary on ‘‘(11) Weather Program. fects, failures, and malfunctions of products, or before the date of enactment of this Act. ‘‘(12) Unmanned Aircraft Systems Research. parts, and processes for use in all classes of un- (2) NOTICE TO AIRPORT OPERATORS.—In recon- ‘‘(13) NextGen—Alternative Fuels for General manned aircraft systems that could result in a sidering an application submitted under para- Aviation. catastrophic failure of the unmanned aircraft graph (1), the Secretary shall— ‘‘(14) Joint Planning and Development Office. that would endanger other aircraft in the na- (A) notify the airport operator that submitted ‘‘(15) NextGen—Wake Turbulence Research. tional airspace system.’’. the application that the Secretary will recon- ‘‘(16) NextGen—Air Ground Integration (b) SYSTEMS, PROCEDURES, FACILITIES, AND sider the application; Human Factors. DEVICES.—Section 44505(b) is amended— (B) if the application was initially denied, ad- ‘‘(17) NextGen—Self Separation Human Fac- (1) in paragraph (4) by striking ‘‘and’’ after vise the operator of the findings that served as tors. the semicolon; the basis for the denial; and ‘‘(18) NextGen—Weather Technology in the (2) in paragraph (5)(C) by striking the period (C) request the operator to provide the Sec- Cockpit. at the end and inserting a semicolon; and retary with such additional information as the ‘‘(19) Environment and Energy Research. (3) by adding at the end the following: Secretary determines necessary to reconsider the ‘‘(20) NextGen Environmental Research—Air- ‘‘(6) to develop a better understanding of the application. craft Technologies, Fuels, and Metrics. relationship between human factors and un- (3) DEADLINE; STANDARDS.—The Secretary ‘‘(21) System Planning and Resource Manage- manned aircraft system safety; and shall approve or deny an application to be re- ment. ‘‘(7) to develop dynamic simulation models for considered under paragraph (1) not later than ‘‘(22) The William J. Hughes Technical Center integrating all classes of unmanned aircraft sys- the 120th day following the date of the request Laboratory Facility.’’. tems into the national airspace system without for reconsideration from the airport operator. (c) PROGRAM AUTHORIZATIONS.—From the any degradation of existing levels of safety for The Secretary shall apply the standards set other accounts described in the national avia- all national airspace system users.’’. forth in section 44920(b) of title 49, United States tion research plan required under section SEC. 904. RESEARCH PROGRAM ON RUNWAYS. Code (as amended by this section), in approving 44501(c) of title 49, United States Code, the fol- Using amounts made available under section and denying such application. lowing research and development activities are 48102(a) of title 49, United States Code, the Ad- (4) REPORTS ON DENIALS OF APPLICATIONS.— authorized: ministrator shall continue to carry out a re- (A) IN GENERAL.—If the Secretary denies an (1) Runway Incursion Reduction. search program under which the Administrator application of an airport operator following re- (2) System Capacity, Planning, and Improve- may make grants to and enter into cooperative consideration under this subsection, the Sec- ment. agreements with institutions of higher education retary shall provide to the airport operator a (3) Operations Concept Validation. and pavement research organizations for re- written report that sets forth— (4) NAS Weather Requirements. search and technology demonstrations related (i) the findings that served as the basis for the (5) Airspace Management Program. to— denial; and (6) NextGen—Air Traffic Control/Technical (1) the design, construction, rehabilitation, (ii) the results of any cost or security analysis Operations Human Factors. and repair of airfield pavements to aid in the conducted in considering the application. (7) NextGen—Environment and Energy—Envi- development of safer, more cost effective, and (B) SUBMISSION TO CONGRESS.—The Secretary ronmental Management System and Advanced more durable airfield pavements; and shall submit to the Committee on Commerce, Noise and Emissions Reduction. (2) engineered material restraining systems for Science, and Transportation of the Senate and (8) NextGen—New Air Traffic Management runways at both general aviation airports and the Committee on Homeland Security of the Requirements. airports with commercial air carrier operations. (9) NextGen—Operations Concept Valida- House of Representatives a copy of any report SEC. 905. RESEARCH ON DESIGN FOR CERTIFI- provided to an airport operator under subpara- tion— Validation Modeling. CATION. graph (A). (10) NextGen—System Safety Management Section 44505 is amended— TITLE IX—FEDERAL AVIATION RESEARCH Transformation. (1) by redesignating subsection (d) as sub- AND DEVELOPMENT (11) NextGen—Wake Turbulence—Recat- section (e); and egorization. SEC. 901. AUTHORIZATION OF APPROPRIATIONS. (2) by inserting after subsection (c) the fol- (12) NextGen—Operational Assessments. lowing: (a) IN GENERAL.—Section 48102(a) is amend- (13) NextGen—Staffed NextGen Towers. ed— ‘‘(d) RESEARCH ON DESIGN FOR CERTIFI- (14) Center for Advanced Aviation System De- CATION.— (1) in the matter before paragraph (1) by strik- velopment. ing ‘‘of this title’’ and inserting ‘‘of this title ‘‘(1) RESEARCH.—Not later than 1 year after (15) Airports Technology Research Program— the date of enactment of the FAA Moderniza- and, for each of fiscal years 2012 through 2015, Capacity. under subsection (g)’’; tion and Reform Act of 2012, the Administrator (16) Airports Technology Research Program— shall conduct research on methods and proce- (2) by striking paragraphs (1) through (8); Safety. (3) by redesignating paragraphs (9) through dures to improve both confidence in and the (17) Airports Technology Research Program— timeliness of certification of new technologies (15) as paragraphs (1) through (7), respectively; Environment. (4) in paragraph (3) (as so redesignated)— for their introduction into the national airspace (18) Airport Cooperative Research—Capacity. system. (A) in subparagraph (K) by adding ‘‘and’’ at (19) Airport Cooperative Research—Environ- the end; and ‘‘(2) RESEARCH PLAN.—Not later than 6 ment. months after the date of enactment of the FAA (B) in subparagraph (L) by striking ‘‘and’’ at (20) Airport Cooperative Research—Safety. the end; and Modernization and Reform Act of 2012, the Ad- (5) by striking paragraph (16) and inserting SEC. 902. DEFINITIONS. ministrator shall develop a plan for the research the following: In this title, the following definitions apply: under paragraph (1) that contains objectives, ‘‘(8) $168,000,000 for each of fiscal years 2012 (1) ADMINISTRATOR.—The term ‘‘Adminis- proposed tasks, milestones, and a 5-year budg- through 2015.’’. trator’’ means the Administrator of the FAA. etary profile. (b) SPECIFIC PROGRAM LIMITATIONS.—Section (2) FAA.—The term ‘‘FAA’’ means the Federal ‘‘(3) REVIEW.—The Administrator shall enter 48102 is amended by inserting after subsection Aviation Administration. into an arrangement with the National Re- (f) the following: (3) INSTITUTION OF HIGHER EDUCATION.—The search Council to conduct an independent re- ‘‘(g) SPECIFIC AUTHORIZATIONS.—The fol- term ‘‘institution of higher education’’ has the view of the plan developed under paragraph (2) lowing programs described in the research, engi- same meaning given the term in section 101(a) of and shall provide the results of that review to neering, and development account of the na- the Higher Education Act of 1965 (20 U.S.C. the Committee on Science, Space, and Tech- tional aviation research plan required under 1001(a)). nology of the House of Representatives and the section 44501(c) are authorized: (4) NASA.—The term ‘‘NASA’’ means the Na- Committee on Commerce, Science, and Transpor- ‘‘(1) Fire Research and Safety. tional Aeronautics and Space Administration. tation of the Senate not later than 18 months ‘‘(2) Propulsion and Fuel Systems. (5) NOAA.—The term ‘‘NOAA’’ means the Na- after the date of enactment of the FAA Mod- ‘‘(3) Advanced Materials/Structural Safety. tional Oceanic and Atmospheric Administration. ernization and Reform Act of 2012.’’. ‘‘(4) Atmospheric Hazards—Aircraft Icing/Dig- SEC. 903. UNMANNED AIRCRAFT SYSTEMS. SEC. 906. AIRPORT COOPERATIVE RESEARCH ital System Safety. (a) RESEARCH INITIATIVE.—Section 44504(b) is PROGRAM. ‘‘(5) Continued Airworthiness. amended— Section 44511(f) is amended— ‘‘(6) Aircraft Catastrophic Failure Prevention (1) in paragraph (6) by striking ‘‘and’’ after (1) in paragraph (1) by striking ‘‘establish a 4- Research. the semicolon; year pilot’’ and inserting ‘‘maintain an’’; and

VerDate Sep 11 2014 12:49 Feb 24, 2017 Jkt 019102 PO 00000 Frm 00043 Fmt 0688 Sfmt 6333 E:\BR12\H01FE2.000 H01FE2 rmajette on DSK2TPTVN1PROD with BOUND RECORD 646 CONGRESSIONAL RECORD—HOUSE, Vol. 158, Pt. 1 February 1, 2012 (2) in paragraph (4)— relevant agencies, may maintain a research pro- the use of grants or other measures authorized (A) by striking ‘‘Not later than 6 months after gram to assess the potential effect of aviation under section 106(l)(6) of such title, including the expiration of the program under this sub- activities on the environment and, if warranted, reimbursable agreements with other Federal section,’’ and inserting ‘‘Not later than Sep- to evaluate approaches to address any such ef- agencies. tember 30, 2012,’’; and fect. (c) PARTICIPATION IN PROGRAM.— (B) by striking ‘‘program, including rec- (b) RESEARCH PLAN.— (1) PARTICIPATION OF EDUCATIONAL AND RE- ommendations as to the need for establishing a (1) IN GENERAL.—The Administrator, in co- SEARCH INSTITUTIONS.—In carrying out the pro- permanent airport cooperative research pro- ordination with NASA and after consultation gram, the Administrator shall include participa- gram’’ and inserting ‘‘program’’. with other relevant agencies, shall jointly de- tion by— SEC. 907. CENTERS OF EXCELLENCE. velop a plan to carry out the research under (A) educational and research institutions that (a) GOVERNMENT’S SHARE OF COSTS.—Section subsection (a). have existing facilities and leverage private sec- 44513(f) is amended to read as follows: (2) CONTENTS.—The plan shall contain an in- tor partnerships; and ‘‘(f) GOVERNMENT’S SHARE OF COSTS.—The ventory of current interagency research being (B) consortia with experience across the sup- United States Government’s share of estab- undertaken in this area, future research objec- ply chain, including with research, feedstock lishing and operating a center and all related tives, proposed tasks, milestones, and a 5-year development and production, small-scale devel- research activities that grant recipients carry budgetary profile. opment, testing, and technology evaluation re- out shall not exceed 50 percent of the costs, ex- (3) REQUIREMENTS.—The plan— lated to the creation, processing, production, (A) shall be completed not later than 1 year cept that the Administrator may increase such and transportation of alternative aviation fuel. after the date of enactment of this Act; share to a maximum of 75 percent of the costs (2) USE OF NASA FACILITIES.—In carrying out (B) shall be submitted to Congress for review; for a fiscal year if the Administrator determines the program, the Administrator shall consider and that a center would be unable to carry out the utilizing the existing capacity in aeronautics re- (C) shall be updated, as appropriate, every 3 authorized activities described in this section search at Langley Research Center, Glenn Re- years after the initial submission. without additional funds.’’. search Center, and other appropriate facilities SEC. 910. AVIATION FUEL RESEARCH AND DEVEL- (b) ANNUAL REPORT.—Section 44513 is amend- of NASA. OPMENT PROGRAM. ed by adding at the end the following: (d) DESIGNATION OF INSTITUTION AS A CENTER (a) IN GENERAL.—Using amounts made avail- OF EXCELLENCE.— ‘‘(h) ANNUAL REPORT.—The Administrator able under section 48102(a) of title 49, United (1) IN GENERAL.—Not later than 180 days after shall transmit annually to the Committee on States Code, the Administrator, in coordination the date of enactment of this Act, the Adminis- Science, Space, and Technology of the House of with the Administrator of NASA, shall continue trator may designate an institution described in Representatives and the Committee on Com- research and development activities into the subsection (c)(1)(A) as a Center of Excellence for merce, Science, and Transportation of the Sen- qualification of an unleaded aviation fuel and Alternative Jet-Fuel Research in Civil Aircraft. ate at the time of the President’s budget request safe transition to this fuel for the fleet of piston (2) EFFECT OF DESIGNATION.—The center des- a report that lists— engine aircraft. ignated under paragraph (1) shall become, upon ‘‘(1) the research projects that have been initi- (b) REQUIREMENTS.—In carrying out the pro- its designation— ated by each center in the preceding year; gram under subsection (a), the Administrator (A) a member of the Consortium for Contin- ‘‘(2) the amount of funding for each research shall, at a minimum— uous Low Energy, Emissions, and Noise of the project and the funding source; (1) not later than 120 days after the date of FAA; and ‘‘(3) the institutions participating in each re- enactment of this Act, develop a research and (B) part of a Joint Center of Excellence with search project and their shares of the overall development plan containing the specific re- the Partnership for Air Transportation Noise funding for each research project; and search and development objectives, including and Emission Reduction FAA Center of Excel- ‘‘(4) the level of cost-sharing for each research consideration of aviation safety, technical feasi- lence. project.’’. bility, and other relevant factors, and the an- SEC. 912. REVIEW OF FAA’S ENERGY-RELATED SEC. 908. CENTER OF EXCELLENCE FOR AVIATION ticipated timetable for achieving the objectives; AND ENVIRONMENT-RELATED RE- HUMAN RESOURCE RESEARCH. (2) assess the methods and processes by which SEARCH PROGRAMS. (a) ESTABLISHMENT.—Using amounts made the FAA and industry may expeditiously certify (a) REVIEW.—Using amounts made available available under section 48102(a) of title 49, and approve new aircraft and recertify existing under section 48102(a) of title 49, United States United States Code, the Administrator may es- aircraft with respect to unleaded aviation fuel; Code, the Administrator shall enter into an ar- tablish a center of excellence to conduct re- (3) assess technologies that modify existing rangement for an independent external review search on— piston engine aircraft to enable safe operation of FAA energy-related and environment-related (1) human performance in the air transpor- of the aircraft using unleaded aviation fuel and research programs. The review shall assess tation environment, including among air trans- determine the resources necessary to certify whether— portation personnel such as air traffic control- those technologies; and (1) the programs have well-defined, lers, pilots, and technicians; and (4) develop recommendations for appropriate prioritized, and appropriate research objectives; (2) any other aviation human resource issue policies and guidelines to facilitate a transition (2) the programs are properly coordinated pertinent to developing and maintaining a safe to unleaded aviation fuel for piston engine air- with the energy-related and environment-re- and efficient air transportation system. craft. lated research programs at NASA, NOAA, and (b) ACTIVITIES.—Activities conducted under (c) COLLABORATION.—In carrying out the pro- other relevant agencies; this section may include the following: gram under subsection (a), the Administrator (3) the programs have allocated appropriate (1) Research, development, and evaluation of shall collaborate with— resources to each of the research objectives; and training programs for air traffic controllers, (1) industry groups representing aviation con- (4) there exist suitable mechanisms for aviation safety inspectors, airway transpor- sumers, manufacturers, and fuel producers and transitioning the research results into the FAA’s tation safety specialists, and engineers. distributors; and operational technologies and procedures and (2) Research and development of best practices (2) other appropriate Federal agencies. certification activities. for recruitment of individuals into the aviation (d) REPORT.—Not later than 270 days after the (b) REPORT.—Not later than 18 months after field for mission critical positions. date of enactment of this Act, the Administrator the date of enactment of this Act, the Adminis- (3) Research, in consultation with other rel- shall provide to the Committee on Science, trator shall submit a report to the Committee on evant Federal agencies, to develop a baseline of Space, and Technology of the House of Rep- Science, Space, and Technology of the House of general aviation employment statistics and an resentatives and the Committee on Commerce, Representatives and the Committee on Com- analysis of future needs in the aviation field. Science, and Transportation of the Senate a re- merce, Science, and Transportation of the Sen- (4) Research and the development of a com- port on the plan, information obtained, and ate containing the results of the review. prehensive assessment of the airframe and policies and guidelines developed pursuant to SEC. 913. REVIEW OF FAA’S AVIATION SAFETY-RE- power plant technician certification process and subsection (b). LATED RESEARCH PROGRAMS. its effect on employment trends. SEC. 911. RESEARCH PROGRAM ON ALTERNATIVE (a) REVIEW.—Using amounts made available (5) Evaluation of aviation maintenance tech- JET FUEL TECHNOLOGY FOR CIVIL under section 48102(a) of title 49, United States nician school environments. AIRCRAFT. Code, the Administrator shall enter into an ar- (6) Research and an assessment of the ability (a) IN GENERAL.—Using amounts made avail- rangement for an independent external review to develop training programs to allow for the able under section 48102(a) of title 49, United of the FAA’s aviation safety-related research transition of recently unemployed and highly States Code, the Administrator shall establish a programs. The review shall assess whether— skilled mechanics into the aviation field. research program to assist in the development (1) the programs have well-defined, SEC. 909. INTERAGENCY RESEARCH ON AVIATION and qualification of jet fuel from alternative prioritized, and appropriate research objectives; AND THE ENVIRONMENT. sources (such as natural gas, biomass, ethanol, (2) the programs are properly coordinated (a) IN GENERAL.—Using amounts made avail- butanol, and hydrogen) and other renewable with the safety research programs of NASA and able under section 48102(a) of title 49, United sources. other relevant Federal agencies; States Code, the Administrator, in coordination (b) AUTHORITY TO MAKE GRANTS.—The Ad- (3) the programs have allocated appropriate with NASA and after consultation with other ministrator shall carry out the program through resources to each of the research objectives;

VerDate Sep 11 2014 12:49 Feb 24, 2017 Jkt 019102 PO 00000 Frm 00044 Fmt 0688 Sfmt 6333 E:\BR12\H01FE2.000 H01FE2 rmajette on DSK2TPTVN1PROD with BOUND RECORD February 1, 2012 CONGRESSIONAL RECORD—HOUSE, Vol. 158, Pt. 1 647 (4) the programs should include a determina- (A) ground de-icing and anti-icing, ice pellets, merce, Science, and Transportation of the Sen- tion about whether a survey of participants and freezing drizzle; ate a report containing the results of the review across the air transportation system is an appro- (B) oceanic weather, including convective conducted pursuant to subsection (a). priate way to study safety risks within such sys- weather; SEC. 919. AIRPORT SUSTAINABILITY PLANNING tem; and (C) en route turbulence prediction and detec- WORKING GROUP. (5) there exist suitable mechanisms for tion; and (a) IN GENERAL.—Not later than 90 days after transitioning the research results from the pro- (D) all hazards during oceanic operations, the date of enactment of this Act, the Adminis- grams into the FAA’s operational technologies where commercial traffic is high and only rudi- trator shall prepare and submit a problem state- and procedures and certification activities in a mentary satellite sensing is available. ment to the Transportation Research Board for timely manner. SEC. 916. REAUTHORIZATION OF CENTER OF EX- the purpose of initiating a study under the Air- (b) AVIATION SAFETY-RELATED RESEARCH CELLENCE IN APPLIED RESEARCH port Cooperative Research Program on airport PROGRAMS TO BE ASSESSED.—The FAA aviation AND TRAINING IN THE USE OF AD- sustainability practices. VANCED MATERIALS IN TRANSPORT safety-related research programs to be assessed (b) FUNCTIONS.—The purpose of the study AIRCRAFT. under the review shall include, at a minimum, shall be— the following: Section 708(b) of the Vision 100—Century of (1) to examine and develop best airport prac- (1) Air traffic control/technical operations Aviation Reauthorization Act (49 U.S.C. 44504 tices and metrics for the sustainable design, con- human factors. note) is amended by striking ‘‘for fiscal year struction, planning, maintenance, and oper- (2) Runway incursion reduction. 2004’’ and inserting ‘‘for each of fiscal years ation of an airport; (3) Flightdeck/maintenance system integration 2012 through 2015’’. (2) to examine potential standards for a rating human factors. SEC. 917. RESEARCH AND DEVELOPMENT OF system based on the best sustainable practices (4) Airports technology research—safety. EQUIPMENT TO CLEAN AND MON- and metrics; (5) Airport Cooperative Research Program— ITOR THE ENGINE AND APU BLEED (3) to examine potential standards for a vol- AIR SUPPLIED ON PRESSURIZED safety. untary airport rating process based on the best (6) Weather Program. AIRCRAFT. (a) IN GENERAL.—Not later than 60 days after sustainable practices, metrics, and ratings; and (7) Atmospheric hazards/digital system safety. (4) to examine and develop recommendations (8) Fire research and safety. the date of enactment of this Act, the Adminis- trator, to the extent practicable, shall implement for future actions with regard to sustainability. (9) Propulsion and fuel systems. (c) REPORT.—Not later than 18 months after (10) Advanced materials/structural safety. a research program for the identification or development of appropriate and effective air the date of initiation of the study, a report on (11) Aging aircraft. the study shall be submitted to the Adminis- (12) Aircraft catastrophic failure prevention cleaning technology and sensor technology for the engine and auxiliary power unit bleed air trator and the Committee on Science, Space, and research. Technology of the House of Representatives and (13) Aeromedical research. supplied to the passenger cabin and flight deck the Committee on Commerce, Science, and (14) Aviation safety risk analysis. of a pressurized aircraft. Transportation of the Senate. (15) Unmanned aircraft systems research. (b) TECHNOLOGY REQUIREMENTS.—The tech- (c) REPORT.—Not later than 14 months after nology referred to in subsection (a) shall have TITLE X—NATIONAL MEDIATION BOARD the date of enactment of this Act, the Adminis- the capacity, at a minimum— SEC. 1001. RULEMAKING AUTHORITY. trator shall submit to the Committee on Science, (1) to remove oil-based contaminants from the Title I of the Railway Labor Act (45 U.S.C. 151 Space, and Technology of the House of Rep- bleed air supplied to the passenger cabin and et seq.) is amended by inserting after section 10 resentatives and the Committee on Commerce, flight deck; and the following: Science, and Transportation of the Senate a re- (2) to detect and record oil-based contami- ‘‘SEC. 10A. RULES AND REGULATIONS. nants in the portion of the total air supplied to port on the results of the review. ‘‘(a) IN GENERAL.—The Mediation Board shall the passenger cabin and flight deck from bleed SEC. 914. PRODUCTION OF CLEAN COAL FUEL have the authority from time to time to make, air. TECHNOLOGY FOR CIVILIAN AIR- amend, and rescind, in the manner prescribed (c) REPORT.—Not later than 1 year after the CRAFT. by section 553 of title 5, United States Code, and date of enactment of this Act, the Administrator (a) ESTABLISHMENT OF RESEARCH PROGRAM.— after opportunity for a public hearing, such shall submit to the Committee on Commerce, Using amounts made available under section rules and regulations as may be necessary to Science, and Transportation of the Senate and 48102(a) of title 49, United States Code, the Ad- carry out the provisions of this Act. the Committee on Transportation and Infra- ministrator shall establish a research program ‘‘(b) APPLICATION.—The requirements of sub- structure and the Committee on Science, Space, related to developing jet fuel from clean coal. section (a) shall not apply to any rule or pro- and Technology of the House of Representatives (b) AUTHORITY TO MAKE GRANTS.—The Ad- posed rule to which the third sentence of section a report on the results of the research and de- ministrator shall carry out the program through 553(b) of title 5, United States Code, applies.’’. grants or other measures authorized under sec- velopment work carried out under this section. SEC. 1002. RUNOFF ELECTION RULES. tion 106(l)(6) of such title, including reimburs- SEC. 918. EXPERT REVIEW OF ENTERPRISE AR- able agreements with other Federal agencies. CHITECTURE FOR NEXTGEN. Paragraph Ninth of section 2 of the Railway Labor Act (45 U.S.C. 152) is amended by insert- (c) PARTICIPATION IN PROGRAM.—In carrying (a) REVIEW.—The Administrator shall enter out the program, the Administrator shall in- into an arrangement for an independent exter- ing after the fourth sentence the following: ‘‘In clude participation by educational and research nal review of the enterprise architecture for the any such election for which there are 3 or more institutions that have existing facilities and ex- Next Generation Air Transportation System. options (including the option of not being rep- perience in the development and deployment of (b) CONTENTS.—At a minimum, the review to resented by any labor organization) on the bal- technology that processes coal into aviation be conducted under subsection (a) shall— lot and no such option receives a majority of the fuel. (1) highlight the technical activities, including valid votes cast, the Mediation Board shall ar- (d) DESIGNATION OF INSTITUTION AS A CENTER human-system design, organizational design, range for a second election between the options OF EXCELLENCE.—Not later than 180 days after and other safety and human factor aspects of receiving the largest and the second largest the date of enactment of this Act, the Adminis- the system, that will be necessary to successfully number of votes.’’. trator may designate an institution described in transition current and planned modernization SEC. 1003. BARGAINING REPRESENTATIVE CER- subsection (c) as a Center of Excellence for programs to the future system envisioned by the TIFICATION. Coal-to-Jet-Fuel Research. Joint Planning and Development Office of the Section 2 of the Railway Labor Act (45 U.S.C. SEC. 915. WAKE TURBULENCE, VOLCANIC ASH, FAA; 152) is amended by adding at the end the fol- AND WEATHER RESEARCH. (2) assess technical, cost, and schedule risk for lowing: Not later than 60 days after the date of enact- the software development that will be necessary ‘‘Twelfth. Showing of interest for representa- ment of this Act, the Administrator shall— to achieve the expected benefits from a highly tion elections. The Mediation Board, upon re- (1) initiate an evaluation of proposals related automated air traffic management system and ceipt of an application requesting that an orga- to research on the nature of wake vortexes that the implications for ongoing modernization nization or individual be certified as the rep- would increase national airspace system capac- projects; and resentative of any craft or class of employees, ity by reducing existing spacing requirements (3) determine how risks with automation ef- shall not direct an election or use any other between aircraft of all sizes; forts for the Next Generation Air Transportation method to determine who shall be the represent- (2) begin implementation of a system to im- System can be mitigated based on the experi- ative of such craft or class unless the Mediation prove volcanic ash avoidance options for air- ences of other public or private entities in devel- Board determines that the application is sup- craft, including the development of a volcanic oping complex, software-intensive systems. ported by a showing of interest from not less ash warning and notification system for avia- (c) REPORT.—Not later than 1 year after the than 50 percent of the employees in the craft or tion; and date of enactment of this Act, the Administrator class.’’. (3) coordinate with NOAA, NASA, and other shall submit to the Committee on Transportation SEC. 1004. OVERSIGHT. appropriate Federal agencies to conduct re- and Infrastructure and the Committee on Title I of the Railway Labor Act (45 U.S.C. 151 search to reduce the hazards presented to com- Science, Space, and Technology of the House of et seq.) is amended by adding at the end the fol- mercial aviation related to— Representatives and the Committee on Com- lowing:

VerDate Sep 11 2014 12:49 Feb 24, 2017 Jkt 019102 PO 00000 Frm 00045 Fmt 0688 Sfmt 6333 E:\BR12\H01FE2.000 H01FE2 rmajette on DSK2TPTVN1PROD with BOUND RECORD 648 CONGRESSIONAL RECORD—HOUSE, Vol. 158, Pt. 1 February 1, 2012 ‘‘SEC. 15. EVALUATION AND AUDIT OF MEDIATION SEC. 1101. EXTENSION OF TAXES FUNDING AIR- ‘‘(D) there exists a dry-lease aircraft exchange BOARD. PORT AND AIRWAY TRUST FUND. arrangement among all of the fractional owners, ‘‘(a) EVALUATION AND AUDIT OF MEDIATION (a) FUEL TAXES.—Subparagraph (B) of sec- and BOARD.— tion 4081(d)(2) is amended by striking ‘‘February ‘‘(E) there are multi-year program agreements ‘‘(1) IN GENERAL.—In order to promote econ- 17, 2012’’ and inserting ‘‘September 30, 2015’’. covering the fractional ownership, fractional omy, efficiency, and effectiveness in the admin- (b) TICKET TAXES.— ownership program management services, and istration of the programs, operations, and ac- (1) PERSONS.—Clause (ii) of section dry-lease aircraft exchange aspects of the pro- tivities of the Mediation Board, the Comptroller 4261(j)(1)(A) is amended by striking ‘‘February gram. General of the United States shall evaluate and 17, 2012’’ and inserting ‘‘September 30, 2015’’. ‘‘(3) DEFINITIONS RELATED TO FRACTIONAL audit the programs and expenditures of the Me- (2) PROPERTY.—Clause (ii) of section OWNERSHIP INTERESTS.— diation Board. Such an evaluation and audit 4271(d)(1)(A) is amended by striking ‘‘February ‘‘(A) QUALIFIED FRACTIONAL OWNER.—The shall be conducted not less frequently than 17, 2012’’ and inserting ‘‘September 30, 2015’’. term ‘qualified fractional owner’ means any every 2 years, but may be conducted as deter- (c) EFFECTIVE DATE.—The amendments made fractional owner which has a minimum frac- mined necessary by the Comptroller General or by this section shall take effect on February 18, tional ownership interest in at least one frac- the appropriate congressional committees. 2012. tional program aircraft. ‘‘(2) RESPONSIBILITY OF COMPTROLLER GEN- SEC. 1102. EXTENSION OF AIRPORT AND AIRWAY ‘‘(B) MINIMUM FRACTIONAL OWNERSHIP INTER- ERAL.—In carrying out the evaluation and audit TRUST FUND EXPENDITURE AU- EST.—The term ‘minimum fractional ownership required under paragraph (1), the Comptroller THORITY. interest’ means, with respect to each type of air- General shall evaluate and audit the programs, (a) IN GENERAL.—Paragraph (1) of section craft— operations, and activities of the Mediation 9502(d) is amended— ‘‘(i) a fractional ownership interest equal to or Board, including, at a minimum— (1) by striking ‘‘February 18, 2012’’ in the mat- greater than 1/16 of at least 1 subsonic, fixed ‘‘(A) information management and security, ter preceding subparagraph (A) and inserting wing, or powered lift aircraft, or including privacy protection of personally iden- ‘‘October 1, 2015’’, and ‘‘(ii) a fractional ownership interest equal to tifiable information; (2) by striking the semicolon at the end of sub- or greater than 1/32 of at least 1 rotorcraft air- ‘‘(B) resource management; paragraph (A) and inserting ‘‘or the FAA Mod- craft. ‘‘(C) workforce development; ‘‘(C) FRACTIONAL OWNERSHIP INTEREST.—The ‘‘(D) procurement and contracting planning, ernization and Reform Act of 2012;’’. (b) CONFORMING AMENDMENT.—Paragraph (2) term ‘fractional ownership interest’ means— practices, and policies; ‘‘(i) the ownership of an interest in a frac- ‘‘(E) the extent to which the Mediation Board of section 9502(e) is amended by striking ‘‘Feb- ruary 18, 2012’’ and inserting ‘‘October 1, 2015’’. tional program aircraft, follows leading practices in selected manage- ‘‘(ii) the holding of a multi-year leasehold in- ment areas; and (c) EFFECTIVE DATE.—The amendments made by this section shall take effect on February 18, terest in a fractional program aircraft, or ‘‘(F) the processes the Mediation Board fol- ‘‘(iii) the holding of a multi-year leasehold in- 2012. lows to address challenges in— terest which is convertible into an ownership in- ‘‘(i) initial investigations of applications re- SEC. 1103. TREATMENT OF FRACTIONAL AIR- terest in a fractional program aircraft. CRAFT OWNERSHIP PROGRAMS. questing that an organization or individual be ‘‘(D) FRACTIONAL OWNER.—The term ‘frac- certified as the representative of any craft or (a) FUEL SURTAX.— tional owner’ means any person owning any in- class of employees; (1) IN GENERAL.—Subchapter B of chapter 31 terest (including the entire interest) in a frac- ‘‘(ii) determining and certifying representa- is amended by adding at the end the following tional program aircraft. tives of employees; and new section: ‘‘(4) DRY-LEASE AIRCRAFT EXCHANGE.—The ‘‘(iii) ensuring that the process occurs without ‘‘SEC. 4043. SURTAX ON FUEL USED IN AIRCRAFT term ‘dry-lease aircraft exchange’ means an interference, influence, or coercion. PART OF A FRACTIONAL OWNERSHIP agreement, documented by the written program ‘‘(b) IMMEDIATE REVIEW OF CERTIFICATION PROGRAM. agreements, under which the fractional program PROCEDURES.—Not later than 180 days after the ‘‘(a) IN GENERAL.—There is hereby imposed a aircraft are available, on an as needed basis date of enactment of this section, the Comp- tax on any liquid used (during any calendar without crew, to each fractional owner. troller General shall review the processes ap- quarter by any person) in a fractional program ‘‘(5) SPECIAL RULE RELATING TO USE OF FRAC- plied by the Mediation Board to certify or decer- aircraft as fuel— TIONAL PROGRAM AIRCRAFT FOR FLIGHT DEM- tify representation of employees by a labor orga- ‘‘(1) for the transportation of a qualified frac- ONSTRATION, MAINTENANCE, OR TRAINING.—For nization and make recommendations to the tional owner with respect to the fractional own- purposes of subsection (a), a fractional program Board and appropriate congressional committees ership aircraft program of which such aircraft is aircraft shall not be considered to be used for regarding actions that may be taken by the a part, or the transportation of a qualified fractional Board or Congress to ensure that the processes ‘‘(2) with respect to the use of such aircraft on owner, or on account of such qualified frac- are fair and reasonable for all parties. Such re- account of such a qualified fractional owner, tional owner, when it is used for flight dem- view shall be conducted separately from any including use in deadhead service. onstration, maintenance, or crew training. evaluation and audit under subsection (a) and ‘‘(b) AMOUNT OF TAX.—The rate of tax im- ‘‘(6) SPECIAL RULE RELATING TO DEADHEAD shall include, at a minimum— posed by subsection (a) is 14.1 cents per gallon. SERVICE.—A fractional program aircraft shall ‘‘(1) an evaluation of the existing processes ‘‘(c) DEFINITIONS AND SPECIAL RULES.—For not be considered to be used on account of a and changes to such processes that have oc- purposes of this section— qualified fractional owner when it is used in curred since the establishment of the Mediation ‘‘(1) FRACTIONAL PROGRAM AIRCRAFT.—The deadhead service and a person other than a Board and whether those changes are consistent term ‘fractional program aircraft’ means, with qualified fractional owner is separately charged with congressional intent; and respect to any fractional ownership aircraft pro- for such service. ‘‘(2) a description of the extent to which such gram, any aircraft which— ‘‘(d) TERMINATION.—This section shall not processes are consistent with similar processes ‘‘(A) is listed as a fractional program aircraft apply to liquids used as a fuel in an aircraft applied to other Federal or State agencies with in the management specifications issued to the after September 30, 2021.’’. jurisdiction over labor relations, and an evalua- manager of such program by the Federal Avia- (2) CONFORMING AMENDMENT.—Subsection (e) tion of any justifications for any discrepancies tion Administration under subpart K of part 91 of section 4082 is amended by inserting ‘‘(other between the processes of the Mediation Board of title 14, Code of Federal Regulations, and than kerosene with respect to which tax is im- and such similar Federal or State processes. ‘‘(B) is registered in the United States. posed under section 4043)’’ after ‘‘In the case of ‘‘(c) APPROPRIATE CONGRESSIONAL COMMITTEE ‘‘(2) FRACTIONAL OWNERSHIP AIRCRAFT PRO- kerosene’’. DEFINED.—In this section, the term ‘appropriate GRAM.—The term ‘fractional ownership aircraft (3) TRANSFER OF REVENUES TO AIRPORT AND congressional committees’ means the Committee program’ means a program under which— AIRWAY TRUST FUND.—Paragraph (1) of section on Transportation and Infrastructure of the ‘‘(A) a single fractional ownership program 9502(b) is amended by redesignating subpara- House of Representatives, the Committee on manager provides fractional ownership program graphs (B) and (C) as subparagraphs (C) and Commerce, Science, and Transportation of the management services on behalf of the fractional (D), respectively, and by inserting after sub- Senate, and the Committee on Health, Edu- owners, paragraph (A) the following new subparagraph: cation, Labor, and Pensions of the Senate.’’. ‘‘(B) there are 1 or more fractional owners per ‘‘(B) section 4043 (relating to surtax on fuel TITLE XI—AIRPORT AND AIRWAY TRUST fractional program aircraft, with at least 1 frac- used in aircraft part of a fractional ownership FUND PROVISIONS AND RELATED TAXES tional program aircraft having more than 1 program),’’. SEC. 1100. AMENDMENT OF 1986 CODE. owner, (4) CLERICAL AMENDMENT.—The table of sec- Except as otherwise expressly provided, when- ‘‘(C) with respect to at least 2 fractional pro- tions for subchapter B of chapter 31 is amended ever in this title an amendment or repeal is ex- gram aircraft, none of the ownership interests in by adding at the end the following new item: pressed in terms of an amendment to, or repeal such aircraft are— ‘‘Sec. 4043. Surtax on fuel used in aircraft part of, a section or other provision, the reference ‘‘(i) less than the minimum fractional owner- of a fractional ownership pro- shall be considered to be made to a section or ship interest, or gram.’’. other provision of the Internal Revenue Code of ‘‘(ii) held by the program manager referred to (b) FRACTIONAL OWNERSHIP PROGRAMS TREAT- 1986. in subparagraph (A), ED AS NON-COMMERCIAL AVIATION.—Subsection

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(b) of section 4083 is amended by adding at the transferred) shall be treated as a rollover con- (b) TREATMENT OF AIRLINE PAYMENT end the following new sentence: ‘‘Such term tribution described in section 402(c) of the Inter- AMOUNTS AND TRANSFERS FOR EMPLOYMENT shall not include the use of any aircraft before nal Revenue Code of 1986. A qualified airline TAXES.—For purposes of chapter 21 of the Inter- October 1, 2015, if tax is imposed under section employee making such a transfer may exclude nal Revenue Code of 1986 and section 209 of the 4043 with respect to the fuel consumed in such from gross income the amount transferred, in Social Security Act, an airline payment amount use or if no tax is imposed on such use under the taxable year in which the airline payment shall not fail to be treated as a payment of section 4043 by reason of subsection (c)(5) there- amount was paid to the qualified airline em- wages by the commercial passenger airline car- of.’’. ployee by the commercial passenger airline carrier to the qualified airline employee in the tax- (c) EXEMPTION FROM TAX ON TRANSPOR- rier. able year of payment because such amount is TATION OF PERSONS.—Section 4261, as amended (2) TRANSFER OF AMOUNTS ATTRIBUTABLE TO excluded from the qualified airline employee’s by this Act, is amended by redesignating sub- AIRLINE PAYMENT AMOUNT FOLLOWING ROLLOVER gross income under subsection (a). section (j) as subsection (k) and by inserting TO ROTH IRA.—A qualified airline employee who (c) DEFINITIONS AND SPECIAL RULES.—For after subsection (i) the following new sub- has contributed an airline payment amount to a purposes of this section— section: Roth IRA that is treated as a qualified rollover (1) AIRLINE PAYMENT AMOUNT.— ‘‘(j) EXEMPTION FOR AIRCRAFT IN FRACTIONAL contribution pursuant to section 125 of the (A) IN GENERAL.—The term ‘‘airline payment OWNERSHIP AIRCRAFT PROGRAMS.—No tax shall Worker, Retiree, and Employer Recovery Act of amount’’ means any payment of any money or be imposed by this section or section 4271 on any 2008, may transfer to a traditional IRA, in a other property which is payable by a commercial air transportation if tax is imposed under sec- trustee-to-trustee transfer, all or any part of the passenger airline carrier to a qualified airline tion 4043 with respect to the fuel used in such contribution (together with any net income allo- employee— transportation. This subsection shall not apply cable to such contribution), and the transfer to (i) under the approval of an order of a Fed- after September 30, 2015.’’. the traditional IRA will be deemed to have been eral bankruptcy court in a case filed after Sep- (d) EFFECTIVE DATES.— made at the time of the rollover to the Roth tember 11, 2001, and before January 1, 2007, and (1) SUBSECTION (a).—The amendments made IRA, if such transfer is made within 180 days of (ii) in respect of the qualified airline employ- by subsection (a) shall apply to fuel used after the date of the enactment of this Act. A quali- ee’s interest in a bankruptcy claim against the March 31, 2012. fied airline employee making such a transfer carrier, any note of the carrier (or amount paid (2) SUBSECTION (b).—The amendment made by may exclude from gross income the airline pay- in lieu of a note being issued), or any other subsection (b) shall apply to uses of aircraft ment amount previously rolled over to the Roth fixed obligation of the carrier to pay a lump sum after March 31, 2012. IRA, to the extent an amount attributable to the amount. (3) SUBSECTION (c).—The amendments made previous rollover was transferred to a tradi- The amount of such payment shall be deter- by subsection (c) shall apply to taxable trans- tional IRA, in the taxable year in which the air- mined without regard to any requirement to de- portation provided after March 31, 2012. line payment amount was paid to the qualified duct and withhold tax from such payment SEC. 1104. TRANSPARENCY IN PASSENGER TAX airline employee by the commercial passenger under sections 3102(a) of the Internal Revenue DISCLOSURES. airline carrier. No amount so transferred to a Code of 1986 and 3402(a) of such Code. (a) IN GENERAL.—Section 7275 is amended— traditional IRA may be treated as a qualified (B) EXCEPTION.—An airline payment amount (1) by redesignating subsection (c) as sub- rollover contribution with respect to a Roth IRA shall not include any amount payable on the section (d), within the 5-taxable year period beginning with basis of the carrier’s future earnings or profits. (2) by striking ‘‘subsection (a) or (b)’’ in sub- the taxable year in which such transfer was (2) QUALIFIED AIRLINE EMPLOYEE.—The term section (d), as so redesignated, and inserting made. ‘‘qualified airline employee’’ means an employee ‘‘subsection (a), (b), or (c)’’, and (3) EXTENSION OF TIME TO FILE CLAIM FOR RE- or former employee of a commercial passenger (3) by inserting after subsection (b) the fol- FUND.—A qualified airline employee who ex- airline carrier who was a participant in a de- lowing new subsection: cludes an amount from gross income in a prior fined benefit plan maintained by the carrier ‘‘(c) NON-TAX CHARGES.— taxable year under paragraph (1) or (2) may re- which— ‘‘(1) IN GENERAL.—In the case of transpor- flect such exclusion in a claim for refund filed tation by air for which disclosure on the ticket within the period of limitation under section (A) is a plan described in section 401(a) of the or advertising for such transportation of the 6511(a) of such Code (or, if later, April 15, 2013). Internal Revenue Code of 1986 which includes a trust exempt from tax under section 501(a) of amounts paid for passenger taxes is required by (4) OVERALL LIMITATION ON AMOUNTS TRANS- such Code, and subsection (a)(2) or (b)(1)(B), if such amounts FERRED TO TRADITIONAL IRAS.— are separately disclosed, it shall be unlawful for (A) IN GENERAL.—The aggregate amount of (B) was terminated or became subject to the the disclosure of such amounts to include any airline payment amounts which may be trans- restrictions contained in paragraphs (2) and (3) amounts not attributable to such taxes. ferred to 1 or more traditional IRAs under para- of section 402(b) of the Pension Protection Act of ‘‘(2) INCLUSION IN TRANSPORTATION COST.— graphs (1) and (2) with respect to any qualified 2006. Nothing in this subsection shall prohibit the in- employee for any taxable year shall not exceed (3) TRADITIONAL IRA.—The term ‘‘traditional clusion of amounts not attributable to the taxes the excess (if any) of— IRA’’ means an individual retirement plan (as imposed by subsection (a), (b), or (c) of section (i) 90 percent of the aggregate airline payment defined in section 7701(a)(37) of the Internal 4261 in the disclosure of the amount paid for amounts received by the qualified airline em- Revenue Code of 1986) which is not a Roth IRA. transportation as required by subsection (a)(1) ployee during the taxable year and all preceding (4) ROTH IRA.—The term ‘‘Roth IRA’’ has the or (b)(1)(A), or in a separate disclosure of taxable years, over meaning given such term by section 408A(b) of amounts not attributable to such taxes.’’. (ii) the aggregate amount of such transfers to such Code. (b) EFFECTIVE DATE.—The amendments made which paragraphs (1) and (2) applied for all (d) SURVIVING SPOUSE.—If a qualified airline by this section shall apply to taxable transpor- preceding taxable years. employee died after receiving an airline payment tation provided after March 31, 2012. (B) SPECIAL RULES.—For purposes of applying amount, or if an airline payment amount was SEC. 1105. TAX-EXEMPT BOND FINANCING FOR the limitation under subparagraph (A)— paid to the surviving spouse of a qualified air- FIXED-WING EMERGENCY MEDICAL (i) any airline payment amount received by line employee in respect of the qualified airline AIRCRAFT. the surviving spouse of any qualified employee, employee, the surviving spouse of the qualified (a) IN GENERAL.—Subsection (e) of section 147 and any amount transferred to a traditional airline employee may take all actions permitted is amended by adding at the end the following IRA by such spouse under subsection (d), shall under section 125 of the Worker, Retiree and new sentence: ‘‘The preceding sentence shall not be treated as an amount received or transferred Employer Recovery Act of 2008, or under this apply to any fixed-wing aircraft equipped for, by the qualified employee, and section, to the same extent that the qualified and exclusively dedicated to providing, acute (ii) any amount transferred to a traditional airline employee could have done had the quali- care emergency medical services (within the IRA which is attributable to net income defied airline employee survived. meaning of section 4261(g)(2)).’’. scribed in paragraph (2) shall not be taken into (e) EFFECTIVE DATE.—This section shall apply (b) EFFECTIVE DATE.—The amendment made account. to transfers made after the date of the enact- by this section shall apply to obligations issued (5) COVERED EXECUTIVES NOT ELIGIBLE TO ment of this Act with respect to airline payment after the date of the enactment of this Act. MAKE TRANSFERS.—Paragraphs (1) and (2) shall amounts paid before, on, or after such date. SEC. 1106. ROLLOVER OF AMOUNTS RECEIVED IN not apply to any transfer by a qualified airline SEC. 1107. TERMINATION OF EXEMPTION FOR AIRLINE CARRIER BANKRUPTCY. employee (or any transfer authorized under sub- SMALL JET AIRCRAFT ON NON- (a) GENERAL RULES.— section (d) by a surviving spouse of the qualified ESTABLISHED LINES. (1) ROLLOVER OF AIRLINE PAYMENT AMOUNT.— airline employee) if at any time during the tax- (a) IN GENERAL.—The first sentence of section If a qualified airline employee receives any air- able year of the transfer or any preceding tax- 4281 is amended by inserting ‘‘or when such airline payment amount and transfers any portion able year the qualified airline employee held a craft is a jet aircraft’’ after ‘‘an established of such amount to a traditional IRA within 180 position described in subparagraph (A) or (B) of line’’. days of receipt of such amount (or, if later, section 162(m)(3) with the commercial passenger (b) EFFECTIVE DATE.—The amendment made within 180 days of the date of the enactment of airline carrier from whom the airline payment by this section shall apply to taxable transpor- this Act), then such amount (to the extent so amount was received. tation provided after March 31, 2012.

VerDate Sep 11 2014 12:49 Feb 24, 2017 Jkt 019102 PO 00000 Frm 00047 Fmt 0688 Sfmt 6333 E:\BR12\H01FE2.000 H01FE2 rmajette on DSK2TPTVN1PROD with BOUND RECORD 650 CONGRESSIONAL RECORD—HOUSE, Vol. 158, Pt. 1 February 1, 2012 SEC. 1108. MODIFICATION OF CONTROL DEFINI- agreeing votes of the two Houses on the and $9.168 billion for FYs 2012 through FY TION FOR PURPOSES OF SECTION amendment of the Senate to the bill (H.R. 2014. It authorizes expenditures necessary 249. 658), to amend title 49, United States Code, for: the Air Traffic Control Collegiate Train- (a) IN GENERAL.—Section 249(a) is amended by to authorize appropriations for the Federal ing Initiative; completion of Alaska aviation striking ‘‘, or a corporation in control of, or con- Aviation Administration for fiscal years 2011 safety project regarding 3–D mapping of trolled by,’’ and inserting ‘‘, or a corporation in through 2014, to streamline programs, create main aviation corridors; and carrying out the same parent-subsidiary controlled group efficiencies, reduce waste, and improve avia- the Aviation Safety Reporting System. The (within the meaning of section 1563(a)(1) as’’. tion safety and capacity, to provide stable FAA’s expenditure authority is also ex- (b) CONFORMING AMENDMENT.—Section 249(b) funding for the national aviation system, tended through 2014. The Secretary of Trans- is amended— and for other purposes, submit the following portation is permitted to transfer funds from (1) by striking all that precedes ‘‘is the issue joint statement to the House and the Senate non-safety related programs if appropriated price’’ and inserting: in explanation of the effect of the action funds are insufficient to meet salary, oper- ‘‘(b) ADJUSTED ISSUE PRICE.—For purposes of agreed upon by the managers and rec- ations, and maintenance expenses. subsection (a), the adjusted issue price’’, and ommended in the accompanying conference (2) by striking paragraph (2). Senate bill report: (c) EFFECTIVE DATE.—The amendments made Section 101 authorizes the FAA’s Oper- The Senate amendment struck all of the by this section shall apply to repurchases after ations account at $9.336 billion in FY 2010 House bill after the enacting clause and in- the date of the enactment of this Act. and $9.62 billion in FY 2011. serted a substitute text. TITLE XII—COMPLIANCE WITH The House recedes from its disagreement Section 102 authorizes the FAA’s Facilities STATUTORY PAY-AS-YOU-GO-ACT OF 2010 to the amendment of the Senate with an and Equipment account at $3.5 billion in FY 2010, of which $500 million would be derived SEC. 1201. COMPLIANCE PROVISION. amendment that is a substitute for the from the newly-created Air Traffic System The budgetary effects of this Act, for the pur- House bill and the Senate amendment. The Modernization Account (ATSMA); and $3.6 pose of complying with the Statutory Pay-As- committee of conference met on January 31, billion in FY 2011, of which $500 million You-Go-Act of 2010, shall be determined by ref- 2012 (the Senate chairing), and resolved their would be derived from the new account es- erence to the latest statement titled ‘‘Budgetary differences. The differences between the tablished by this section. Effects of PAYGO Legislation’’ for this Act, House bill, the Senate amendment, and the Section 103 authorizes the FAA’s Research, jointly submitted for printing in the Congres- substitute agreed to in conference are noted Engineering and Development (R,E,&D) ac- sional Record by the Chairmen of the House and below, except for clerical corrections, con- count at $200 million in FY 2010 and $206 mil- Senate Budget Committees, provided that such forming changes made necessary by agree- lion in FY 2011. It replaces current statutory statement has been submitted prior to the vote ments reached by the conferees, and minor language in—§ 48102(a) (which has a break- on passage in the House acting first on this con- drafting and clarifying changes. down of how the money should be allotted) ference report or amendment between the TITLE with the authorization levels only and Houses. House Bill strikes several paragraphs for the R,E,&D And the Senate agree to the same. ‘‘FAA Reauthorization and Reform Act of account. It requires the FAA to establish a From the Committee on Transportation and 2011’’. grant program to promote aviation research Infrastructure, for consideration of the Senate Bill at undergraduate and technical colleges, in- House bill and the Senate amendment, and cluding schools serving Historically Black modifications committed to conference: ‘‘FAA Air Transportation, Modernization, and Safety Improvement Act’’. Colleges and Universities (HBCU) students, JOHN L. MICA, Hispanic, Native Alaskan and Hawaiian pop- THOMAS E. PETRI, Conference Substitute ulations. JOHN J. DUNCAN, Jr., ‘‘FAA Modernization and Reform Act of Section 104 authorizes the FAA’s AIP ac- SAM GRAVES, 2012’’ count at $4.0 billion for FY 2010 and $4.1 bil- BILL SHUSTER, AMENDMENTS TO TITLE 49, UNITED lion in FY 2011. JEAN SCHMIDT, STATES CODE CHIP CRAVAACK, Conference Substitute NICK J. RAHALL II, TERM The conference committee agreed to the PETER A. DEFAZIO, House Bill following funding levels: JERRY F. COSTELLO, 2011 through 2014. Section 101 authorizes the FAA’s Airport LEONARD L. BOSWELL, Senate Bill Improvement Program (AIP) account at $3.35 RUSS CARNAHAN, billion for FY 2012 through FY 2015. 2010 through 2011. From the Committee on Science, Space, and Section 102 authorizes the FAA’s Facilities Technology, for consideration of sections 102, Conference Substitute and Equipment (F&E) account at: $2.731 bil- 105, 201, 202, 204, 208, 209, 212, 220, 321, 324, 326, 2012 through 2015. lion for FY 2012, $2.715 for FY 2013, $2.730 bil- 812, title X, and title XIII of the House bill TITLE I—AUTHORIZATIONS lion for FY 2014 and FY 2015. Section 103 authorizes the FAA’s Oper- and sections 102, 103, 106, 216, 301, 302, 309, 320, AUTHORIZATION LEVELS ($ IN BILLIONS) 327, title VI, and section 732 of the Senate ations account at: $9.653 billion for FY 2012, amendment, and modifications committed to H101(a),102,103/S101,102,103,104 $9.539 billion for FY 2013, $9.596 billion for FY conference: House bill 2014, and $9.653 billion for FY 2015. RALPH M. HALL, Section 101(a) authorizes the Federal Avia- Section 901 authorizes the FAA’s Research STEVEN M. PALAZZO, tion Administration’s (FAA) Airport Im- Engineering and Development (R,E,&D) ac- EDDIE BERNICE JOHNSON, provement Program (AIP) account at: $3.176 count at $168 million annually for FY 2012 From the Committee on Ways and Means, for billion for Fiscal Year (FY) 2011; $3 billion through 2015. consideration of title XI of the House bill for FY 2012; and $3 billion for FY 2013; and $3 FUNDING OF AVIATION PROGRAMS and titles VIII and XI of the Senate amend- billion for FY 2014. It prohibits the use of H104/S105 ment, and modifications committed to con- AIP funds for carrying out the Airport Coop- ference: erative Research Program or the Airports House bill DAVE CAMP, Technology Research Program and extends Section 104 modifies the formula that de- PATRICK J. TIBERI, the obligational authority to September 30, termines the amount made available from SANDER M. LEVIN, 2014. It makes funds obligated in subsection the Airport and Airways Trust Fund (Trust Managers on the Part of the House. (a) available until they are spent. Fund) each year to fund the FAA. The sec- Section 102 authorizes the FAA’s Facilities tion requires the Trust Fund support for JOHN D. ROCKEFELLER IV, and Equipment (F&E) account at: $2.7 billion aviation programs in FY 2011 be equal to 90 BARBARA BOXER, for FY 2011 and $2.6 billion for FYs 2012 percent of the estimated Trust Fund revenue BILL NELSON, through FY 2014. It removes references to (taxes plus interest). In FY 2012, FY 2013 and MARIA CANTWELL, the following accounts: enhanced safety and FY 2014, the Trust Fund appropriation KAY BAILEY HUTCHISON, security for aircraft operations in the Gulf of should equal the sum of 90 percent of the es- JOHNNY ISAKSON, Mexico; operational benefits of wake vortex timated Trust Fund revenue, plus the dif- From the Committee on Finance: advisory system; ground based precision ference between actual revenue and the MAX BAUCUS, navigational aids; ground based precision Trust Fund appropriation in the second pre- Managers on the Part of the Senate. navigation; standby power efficiency pro- ceding fiscal year. It extends the authoriza- JOINT EXPLANATORY STATEMENT OF THE gram; and a pilot program to provide incen- tion of appropriations for the general fund to COMMITTEE OF CONFERENCE tives for development of new technologies. 2014 and makes technical corrections by The managers on the part of the House and Section 103 authorizes the FAA’s Oper- striking ‘‘level’’ and inserting ‘‘estimated the Senate at the conference on the dis- ations account at: $9.403 billion for FY 2011 level’’ and by striking ‘‘level of receipts plus

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interest’’ and replacing it with ‘‘estimated GAO STUDY OF ALTERNATIVE MEANS OF PFC ELIGIBILITY FOR BICYCLE STORAGE level of receipts plus interest.’’ Lastly, it COLLECTING PFCS FACILITIES amends enforcement of guarantees by insert- H114(a),113/S202 H—/S207(b) ing 2014 in place of 2007. House bill House bill. Senate bill Section 114(a) defines ‘‘qualifications-based No provision. Section 105 extends the budgetary treat- selection’’ (QBS) as a competitive procure- Senate bill ment for the FAA’s accounts through FY ment process under which firms compete for Section 207(b) prohibits PFCs from being 2011. capital improvement projects on the basis of used to construct bicycle storage facilities. Conference Substitute qualifications, past experience, and specific expertise. Conference Substitute House bill modified by moving the dates in Section 113 instructs the U.S. Government House bill. the bill forward by one year. Accountability Office (GAO) to conduct a UPDATE ON OVERFLIGHTS DELINEATION OF NEXT GENERATION AIR study of alternative means of PFC collection H121/S706 TRANSPORTATION SYSTEMS to allow such charges be collected without House bill H105/S106 being included in the ticket price. Section 121 requires the FAA to guarantee House bill Senate bill existing overflight fees are reasonably re- Section 105 requires the list of capital Section 202 requires a pilot program for di- lated to agency costs for providing air traffic projects that are part of the Next Generation rect collection of PFCs via the internet or services, and requires the FAA to adjust the Air Transportation System (NextGen) sys- other means, except through air carriers, fees and begin collection of the appropriate tem be included in the Airway Capital In- under which there would be no cap on the amount. The FAA is authorized to periodi- vestment Plan. PFC. The GAO is directed to conduct a study cally modify the fee based on the cost of pro- Senate bill of potential alternative means of PFC collec- viding such service. tion. Section 106 is a similar provision. Senate bill 7 Conference Substitute Conference Substitute Section 706 is similar to the House provi- House bill modified by dropping definition House bill. sion, but it directs the FAA to establish an of QBS. Aviation Rulemaking Committee (ARC) to FUNDING FOR ADMINISTRATION EXPENSES FOR QUALIFICATIONS-BASED SELECTION review overflight fees which the FAA must AIRPORT IMPROVEMENT PROGRAM H114(b)/S— consult with before making any adjustments H106/S107(a)(b) House bill to the fees or collection is made. House bill Section 114(b) expresses the sense of Con- Conference Substitute Section 106 authorizes funds for the Air- gress that airports should consider the use of House bill modified by removing language port Improvement Program (AIP) adminis- qualifications-based selection in carrying creating a special rule for FYs 2011 through trative expenses (i.e., AIP approval and over- out capital improvement projects using 2015 which specified that ‘‘in each of fiscal sight, national airport system planning, air- PFCs collected with the goal of serving the years 2011 through 2015, section 45303(c) shall port standards development and enforce- needs of all stakeholders. not apply to any increase in fees collected ment, airport certification, and airport-re- Senate bill pursuant to a final rule described in para- lated environmental activities). graph (4)’’ and by removing language to issue No similar provision. Senate bill a final rule with respect to the NPRM pub- Conference Substitute lished in the Federal Register on September Section 107(a)(b) authorizes the adminis- House bill. 28, 2010. trative expenses for the FAA’s airports program through FY 2011. REFORM AND STREAMLINING OF PFC AUTHORITY REGISTRATION FEES AND COLLECTION Conference Substitute H122/S— H—/S201(a) No provision. House bill House bill Section 122 requires the FAA to establish PASSENGER FACILITY CHARGES No similar provision. fees for registration, certification and re- H111/S201(b) Senate bill lated services. It specifies amounts for such House bill Section 201(a) eliminates the existing stat- fees in the provision for eleven services, and Section 111 defines Passenger Facility utory requirement that PFC funding may requires the FAA to periodically adjust the Charge (PFC), makes permanent a pilot pro- only be used for airport capital projects that fees when cost data reveal that the cost of gram that allows the collection of PFCs at preserve or enhance airport capacity, safety, providing the service changes. Lastly, it non-hub airports, and makes a technical cor- or security, or reduce noise. It expedites the specifies that fees should be treated as off- rection changing references of PFCs from PFC application process by directing collec- setting collections subject to appropriations. ‘‘fees’’ to ‘‘charges.’’ tion to begin upon filing of annual reports Senate bill Senate bill containing required information and after No similar provision. Section 201(b) makes a technical correc- consultation with carriers and public notice Conference Substitute requirements instead of waiting for FAA ap- tion changing references of PFC from ‘‘fees’’ House bill, but with no amounts specified proval of each PFC application. This section to ‘‘charges’’. for the fees. establishes a process for filing objections to Conference Substitute a PFC project, and allows the Secretary of AIRPORT MASTER PLANS House bill. Transportation to investigate excessive PFC H131/S— AIRPORT ACCESS FLEXIBILITY PROGRAM collections or for revenue not being used per House bill H112/S201(a) law. It provides exceptions to new processes Section 131 requires that airport master used for intermodal ground access projects House bill plans and systems include in their goals a re- and for an increase in PFC, both of which requirement to consider passenger conven- Section 112 establishes a pilot program, at quire prior FAA approval before collection. ience, airport ground access, and access to no more than five airports, for off-airport Conference Substitute airport facilities. intermodal ground access projects related to House bill. movement of airport passengers/property, Senate bill subject to certain conditions. TECHNICAL AMENDMENTS AND PFC PILOT No similar provision. PROGRAM AT NON-HUB AIRPORTS Senate bill Conference Substitute H111(b)/S201(a) Section 201(a) streamlines the administra- House bill. House bill tive requirements associated with PFCs, AEROTROPOLIS TRANSPORTATION SYSTEMS Section 111(b) makes the pilot program for while retaining audit controls and FAA H132/S3— collecting PFCs at non-hub airports perma- project and expenditure oversight. It pro- House bill vides requirements on any airport authority nent. Section 132 directs the Secretary of Trans- wishing to increase its PFC, or wishing to Senate bill portation to encourage development of impose a PFC to finance an intermodal Section 201(a) is a similar provision with aerotropolis transportation systems, which ground facility. minor technical differences. are planned and coordinated multimodal Conference Substitute Conference Substitute freight and passenger transportation net- No provision. House bill. works that provide efficient, cost-effective,

VerDate Sep 11 2014 12:49 Feb 24, 2017 Jkt 019102 PO 00000 Frm 00049 Fmt 0688 Sfmt 0634 E:\BR12\H01FE2.000 H01FE2 rmajette on DSK2TPTVN1PROD with BOUND RECORD 652 CONGRESSIONAL RECORD—HOUSE, Vol. 158, Pt. 1 February 1, 2012 sustainable, and intermodal connectivity to Senate bill Senate bill a defined region of economic significance No similar provision. No similar provision. centered around a major airport, as deter- Conference Substitute Conference Substitute mined by the Secretary. House bill. Senate bill House bill modified to include language in GRANT ASSURANCES the agreement between an airport sponsor No similar provision. H136/S203 and a property owner prohibiting any air- Conference Substitute craft refueling from occurring on that prop- House bill Senate bill. erty, and includes a definition of ‘‘general Section 136(a),(b) permits the Secretary of AIRPORT IMPROVEMENT PROGRAM (AIP) aviation airport’’. Transportation to allow grants to be used for DEFINITIONS relocating or replacing existing airport fa- GOVERNMENT SHARE OF PROJECT COSTS H133/S208(j),215,714(a) cilities. H138/S204,207 House bill Section 136(b)(1) revises requirements on House bill Section 133(a)(1) broadens eligibility for acquiring lands to permit an airport to keep Section 138 adds a special rule for transi- AIP spending to include firefighting and rev- any funds obtained from the sale of lands action from small hub to medium hub which enue equipment at an airport that serves quired for noise compatibility purposes and limits the government share of funding to 90 scheduled passenger operations of air carrier reinvest those funds in the airport or trans- percent for the first two years following the aircraft designed for more than nine pas- fer those funds to another airport consistent change in status. The government share is sengers instead of the current limit of 20. with the statute. It removes a requirement Section 133(a)(2) allows AIP funds to be set at 95 percent for a project at an airport to return the proportion equal to the govern- that is receiving subsidized air service and is used for glycol recovery vehicles. ment share in acquiring the land to the Sec- Section 133(a)(3) permits AIP funds to be located in an area that meets one or more of retary. the criteria for economically depressed com- used for mobile refueler parking within a Section 136(b)(2) sets the priorities which munities established by the Secretary of fuel farm at a non-primary airport, if re- apply to the Secretary’s decision to approve Commerce. quired by an Environmental Protection reinvestment or transfer of proceeds from Agency (EPA) rule, terminal development the sale of land acquired for noise compat- Senate bill costs, air conditioning/heating/electricity ibility. Priorities are: 1) reinvestments in an Section 204(a) establishes a special rule to from terminal facilities, and equipment for approved noise compatibility project; 2) rein- allow for small hub airports that have in- parked aircraft to reduce energy consump- vestment in an approved project that is eligi- creased operations and therefore are being tion. ble for funding; 3) reinvestment in an ap- reclassified as medium hub airports to retain Section 133(b) amends the definition of air- proved airport development project that is their eligibility for two years at up to a 95 port planning to include an environmental eligible for funding under § 47114, 47115, or percent government share of projects costs. management system and recycling. 47117; 4) transfer to a sponsor of another pub- Section 204(b) extends the project cost for Section 133(c) defines ‘‘general aviation lic airport to be reinvested in an approved transitioning Airport Improvement Project airport.’’ noise compatibility project; and 5) deposit (AIP) projects through FY 2011. Section 133(d) defines ‘‘revenue producing into the Airport and Airway Trust Fund. Section 207 sets the government share at 95 aeronautical support facilities,’’ which al- Section 136(c) makes a technical correction percent for certain projects at small airports lows non-primary airports to use their enti- to 47107(e)(2)(iii) by deleting ‘‘the Fund’’ and if it is funded by a grant issued to, and ad- tlements to build or rehabilitate new facili- inserting ‘‘the Airport and Airway Trust ministered, by a State under the State block ties that can help generate revenue. Fund established under section 9502 of the grant program or for any project at an air- Section 133(e) redefines ‘‘terminal develop- Internal Revenue Code of 1986.’’ port other than a primary airport having at ment’’ to include development of an airport Section 136(d) makes the Competition Dis- least 0.25 percent of the total number of pas- passenger terminal building, including gates closure Requirement pilot program perma- senger boardings at all commercial service and access roads and walkways. nent. No similar provision. airports. Senate bill Senate bill Conference Substitute Section 208(j) is the same provision as Section 203 is a similar provision. House bill. House section 133(a)(3). Section 203 is similar, but allows airports ALLOWABLE PROJECT COSTS Section 215 is the same provision as House that receive improvement grants for the pur- section 133(a)(2). chase of land to lease the land and develop H139/S214,205 No similar provision. the land in a manner compatible with noise House bill No similar provision. buffering purposes. Section 714(a) is the same provision as Section 139(a) amends allowable AIP Section 203 adds that a lease by an airport House section 133(b). project costs to include costs for airport de- owner or operator of land acquired for a No similar provision. velopment incurred prior to the execution of No similar provision. noise compatibility purpose using an im- the grant agreement if: 1) the cost is in- provement grant will not be considered a dis- Conference Substitute curred in the same fiscal year as the execu- posal, and allows revenues from the lease to tion of the grant agreement; 2) the cost was House bill. be used for ongoing airport operational and incurred before execution due to a short con- RECYCLING PLANS FOR AIRPORTS capital purposes. struction season in the vicinity of the air- H134/S714(b) No similar provision. port; 3) the cost is in accordance with the ap- No similar provision. House bill proved airport layout plan; 4) the sponsor no- Section 203 adds the phrase ‘‘serving as tifies the Secretary of Transportation before Section 134 requires airport master plans noise buffer land’’ to clarify that such land is to: address the feasibility of solid waste re- commencing work; 5) the sponsor has an alone of the land acquisitions subject to dis- ternative funding source available to fund cycling at an airport, minimizing the genera- posal at the earliest practicable time after it tion of waste, operation and maintenance re- the project; and/or 6) the sponsor’s decision is no longer needed for the intended noise to proceed with the work does not affect the quirements, the review of waste management compatibility purpose. contracts, and the potential for cost savings priority assigned to the project by the Sec- Conference Substitute or the generation of revenue. retary for the allocation of discretionary House bill with the language from the Sen- funds. Senate bill ate bill section 203 related to ‘‘serving as Section 139(b) amends allowable AIP Section 714(b) is a similar provision, but noise buffer land’’ added. project costs to include costs incurred to im- includes additional requirements for master prove the efficiency of an airport building plans. AGREEMENTS GRANTING THROUGH-THE-FENCE ACCESS TO GENERAL AVIATION AIRPORTS (i.e., a measure designed to meet one or more Conference Substitute of the criteria for being considered a high- H137/S— House bill. performance green building as set forth House bill CONTENTS OF COMPETITION PLANS under the Energy Independence and Security Section 137 requires that the sponsor of a Act of 2007), and: 1) the measure is for a H135/S— general aviation airport will not be in viola- project for airport development; 2) the meas- House bill tion of a grant assurance as a condition for ure is for an airport building that is other- Section 135 removes requirements for ‘‘pat- the receipt of federal funds solely because wise eligible for construction assistance; terns of air services’’ and ‘‘airfare levels (as the sponsor entered into an agreement to and/or 3) if the measure results in an in- compiled by DOT) compared to other large allow a person, who owns residential real crease in initial project costs, the increase is airports’’ from the requirements of a com- property adjacent to the airport, access to justified by expected savings over the life petition plan for PFC charges. the airfield of the airport. cycle of the project.

VerDate Sep 11 2014 12:49 Feb 24, 2017 Jkt 019102 PO 00000 Frm 00050 Fmt 0688 Sfmt 0634 E:\BR12\H01FE2.001 H01FE2 rmajette on DSK2TPTVN1PROD with BOUND RECORD February 1, 2012 CONGRESSIONAL RECORD—HOUSE, Vol. 158, Pt. 1 653 Section 139(c) provides the Secretary dis- socially and economically disadvantaged in- Conference Substitute cretion in determining that the costs of relo- dividuals, including those owned by vet- House bill modified to include language cating or replacing and airport-owned facil- erans, that participated in the programs and that addresses Puerto Rico and other U.S. ity are allowable, to those instances in activities funded using the amounts made territories. which: 1) the Government’s share will be available under this Act. APPORTIONMENT paid with funds apportioned to the airport No similar provision. sponsor; 2) the Secretary determines that No similar provision. H144/S— the relocation or replacement is required due Senate bill House bill to a change in the Secretary’s design stand- Section 715(c) is a similar provision to Section 144 resets the apportionment trig- ards; and 3) the Secretary determines the House section 141. ger from $3.2 billion to $3 billion. change is beyond the control of the sponsor. Section 703 authorizes the appointment of Senate bill Section 139(d) clarifies that the Secretary three staff to implement the training pro- No similar provision. may determine that the cost of constructing gram. revenue-producing aeronautical support fa- Section 715(a), (b), (d), (e), (f) adjusts the Conference Substitute cilities at non-primary airports is allowable. personal net worth cap for individuals par- Senate bill. No similar provision. ticipating in the DBE program. REDUCING APPORTIONMENTS Senate bill Section 715(g) directs the Secretary to cre- H145/S— ate a program to eliminate barriers to small Section 214 is a similar provision to House House bill section 142(a), but requires the Secretary to business participation in contract and issue a final rule within one year of enactment. Section 145 addresses inequitable applica- consider the short construction season in tion of apportionment fees charged to pas- Conference Substitute some areas when selecting projects for AIP sengers in the state of Hawaii. discretionary funding. The conference committee agreed to a Senate bill No similar provision. modified and merged version of House and Section 205 is a similar provision to House Senate bills, including findings of the Senate No similar provision. section 139(c). bill, with clarifications, recounting evidence Conference Substitute No similar provision. of discrimination and concluding that a com- House bill. Section 205 includes a requirement for the pelling need exists for continuation of the Administrator to analyze the conclusions of airport disadvantaged business enterprise MARSHALL ISLANDS, MICRONESIA, AND PALAU ongoing studies with commercially available (DBE) program and the airport concessions H146/S704(a) bird radar systems within 180 days of enact- DBE program. House bill ment and, if it is determined that the sys- SPECIAL APPORTIONMENT RULES Section 146 makes the Marshall Islands, tems have no negative impact on existing H142/S208(i), (h) Micronesia and Palau eligible for AIP discre- navigational aids and that the expenditure is tionary grants and funding from the Small House bill appropriate, shall allow purchase of bird-de- Airport Fund. Section 142(a) gives the Secretary of Trans- tecting radar systems as an allowable air- Senate bill port development project cost. If the Admin- portation authority to apportion to an air- Section 704(a) is a similar provision. istrator concludes that such radar systems port sponsor in a fiscal year an amount equal will not improve or will negatively impact to the minimum apportionment available to Conference Substitute airport safety, the Administrator shall issue the airport sponsor in the previous fiscal House bill. year, if the airport received scheduled or un- a report explaining that determination. DESIGNATING CURRENT AND FORMER MILITARY scheduled air service from a large certifi- AIRPORTS Conference Substitute cated carrier in the calendar year used to House bill with the inclusion of Senate lan- calculate the apportionment, and the airport H147/S220, 212 guage on bird radar systems and short con- had more than 10,000 passenger boardings in House bill struction season. the calendar year used to calculate the ap- Current law allows the Secretary of Trans- VETERANS’ PREFERENCE portionment. portation to designate current or former H140/S208(b) Section 142(b) continues a special appor- military airports eligible for grants under tionment for airports that remain affected the Military Airport Program (MAP). Sec- House bill by the decrease in passengers following the tion 147(a) adds to the items that must be Section 140 amends the definition of ‘‘Viet- terrorist attacks of September 11, 2001, considered to approve a grant the require- nam-era veteran’’ and adds veterans from through 2012. ment that it preserves or enhances minimum the Afghanistan/Iraq conflict and Persian No similar provision. airfield infrastructure facilities at former Gulf War to the definition of those veterans Senate bill military airports to support emergency di- eligible for employment preference on Air- Section 208(i) is a similar provision to versionary operations for transoceanic port Improvement Program (AIP) projects. It House section 142(a) and (b). flights in locations in U.S. jurisdiction or adds a provision requiring that a contract in- Section 208(h) amends the special appor- control, and where there is a lack of airports volving labor for carrying out an airport de- tionment categories by change the special within the distance required by regulations. velopment project under a grant agreement apportionment from ‘‘thirty five percent’’ to Section 147(b) allows up to three general include a preference for the use of small a fixed amount of ‘‘$300 million’’ annually for aviation airports to participate in the FAA’s business concerns owned and controlled by grants for various airport noise, compatible Military Airport Program. disabled veterans. land use, and Clean Air Act compliance Section 147(c) makes current or former Senate bill projects. It adds certain water quality miti- military airports eligible to be considered Section 208(b) is a similar provision. gation projects to those on which such funds for AIP funding if that airport is found to be critical to the safety of trans-oceanic air Conference Substitute may be expended. traffic. House bill. Conference Substitute House Bill, section 142 with modified dates Senate bill MINORITY AND DISADVANTAGED BUSINESS changed from ‘‘2011 and 2012’’ to ‘‘2012 and No similar provision. PARTICIPATION 2013’’, and Senate section 208(h) modified Section 220 is a similar provision to House H141,822/S715,703 with the substitution of ‘‘35 percent, but not section 147(b) and, however it allows a total House bill more than $300 million’’. of three general aviation airports to partici- Section 141 requires the Secretary to es- UNITED STATES TERRITORIES MINIMUM pate in the Military Airport Program. tablish, within a year of enactment, a man- GUARANTEE Section 212 is a similar provision to House section 147(c). datory training program for certain airport H143/S— Conference Substitute agents or officials on certifying whether a House bill small business concern qualifies as a small House bill modified. Section 143 directs the Secretary of Trans- business concern owned and controlled by so- CONTRACT TOWER PROGRAM cially and economically disadvantaged indi- portation to apportion AIP amounts for air- H148/S432 viduals under the Disadvantaged Business ports in Puerto Rico, does not prohibit the Enterprise (DBE) Program. Secretary from making project grants for House bill Section 822 requires the Inspector General airports in Puerto Rico from discretionary Section 148(a) directs the Secretary of of the Department of Transportation (DOT funds. Transportation to extend the low activity IG) to report on the number of new small Senate bill (Visual Flight Rules) level I air traffic con- business concerns owned and controlled by No similar provision. trol tower (ATC) contract program to other

VerDate Sep 11 2014 12:49 Feb 24, 2017 Jkt 019102 PO 00000 Frm 00051 Fmt 0688 Sfmt 0634 E:\BR12\H01FE2.001 H01FE2 rmajette on DSK2TPTVN1PROD with BOUND RECORD 654 CONGRESSIONAL RECORD—HOUSE, Vol. 158, Pt. 1 February 1, 2012 low-activity towers meeting the require- sale, federal grants are provided for any por- ment (including multimodal terminal devel- ments set forth by the Secretary of Trans- tion of the public sponsor’s acquisition of the opment) in a revenue-producing area and portation where the airport operator has re- airport, and certain amounts of remaining construction, reconstruction, repair and im- quested to participate in the program. airport improvement grants are repaid to the provement in a non-revenue producing park- Section 148(a) also adds a special rule Secretary. ing lot under certain circumstances. which alleviates the responsibility of the air- Section 150(a) also specifies that recovery Section 153(b) prohibits the Secretary from port sponsor or State or local government to of grant funds are treated as recovery of distributing more than $20 million from dis- paying the portion of the costs that exceed prior year obligations. cretionary funds for terminal development the benefits for a period of 18 months after Section 150(b) specifies that this section is projects at a non-hub airport or a small hub the Secretary determines that a level I tower applicable to grants issued on or after Octo- airport that is eligible to receive discre- operating under this program has a benefit ber 1, 1996. tionary funds. to cost ratio of less than 1.0. Senate bill Section 153(c) makes technical changes to Section 148(b) caps the maximum allowable the annual reporting requirements by mov- Section 206 is a similar provision to House cost share for an airport with fewer than ing the due date to June 1 of each year. Also, section 150(a), but it specifies that proceeds 50,000 annual passenger enplanements at 20 it removes the first four report requirements are repaid to the Airport and Airway Trust percent of the cost of operating an ATC and replaces them with: (1) a summary of Fund for airport acquisitions. tower under the contract tower program, and airport development and planning com- No similar provision. sunsets this requirement on September 30, pleted; (2) a summary of individual grants Section 206 is an identical provision to 2014. issued; (3) an accounting of discretionary and House section 150(b). Section 148(b) also permits the Secretary apportioned funds allocated; and (4) the allo- to use excess funds from the contract tower Conference Substitute cation of appropriations. program intended for level I towers to fund House bill. Section 153(d) makes a technical correc- activities for non-approach contract towers. REPEAL OF CERTAIN LIMITATIONS ON METRO- tion to the emission credits provision. Section 148(c) increases the maximum POLITAN WASHINGTON AIRPORTS AUTHORITY Section 153(e) makes a technical correction amount of funds that can be expended in car- (MWAA) to section § 46301(d)(2). rying out the Contract Tower Program for Section 153(f) makes a conforming amend- H151/S718 non-approach contract towers at not more ment to § 40117(a)(3)(B) and 47108(e)(3). than $8.5 million for each of FYs 2011 House bill Section 153(g) makes a technical correc- through 2014. Section 151 repeals the limitations on Met- tion to the surplus property authority sec- Section 148(d) increases the limitation on ropolitan Washington Aviation Authority to tion. the amount of the federal share of the cost of apply for Airport Improvement Program Section 153(h) updates the definition of construction of a non-approach control grants and collect Passenger Facility ‘‘Congested Airport’’ to include the FAA’s tower from $1.5 million to $2 million. Charges. Airport Capacity Benchmark Report of 2004 Section 148(e) requires the establishment Senate bill ‘‘or table 1 of the Federal Aviation Adminis- of uniform safety standards and require- tration’s most recent airport capability Section 718 is a similar provision. ments for safety assessments of ATC towers benchmark report, as well as the definition that receive funding. Conference Substitute of ‘‘Joint Use Airport’’. Senate bill House bill. Senate bill Section 432(b) is the same provision as MIDWAY ISLAND AIRPORT Section 208(a) is the same as House section House section 148(b) but caps the maximum H152/S704(b) 153(a). No similar provision. allowable local share at 20 percent. House bill Section 432(a) is the same provision as No similar provision. Section 152 provides a four-year extension House section 148(a). No similar provision. for the Secretary of Transportation to enter Section 432(c) is a similar provision to Section 208(c) is the same as House section into a reimbursable agreement with the Sec- House section 148(c), but it specifies that not 153(c). retary of the Interior to provide AIP discre- more than $9.5 million in FY 2010 and not Section 208(e) is the same as House section tionary funds for airport development more than $10 million in FY 2011 can be used. 153(d). projects at Midway Island Airport through Section 432(d) is the same provision as No similar provision. FY 2014. House section 148(d). Section 208(f) is a similar to House section Section 432(e) is the same provision as Senate bill 153(g). House section 148(e). Section 704(b) is a similar provision, but Section 208(g) is a similar to House section 153(h), but changes definition for ‘‘Joint Use Conference Substitute the extension would expire at the end of the term of the Senate bill in FY 2011. Airport’’. House bill modified by adjusting the au- Conference Substitute thorization levels, and by deleting: (1) lan- Conference Substitute guage capping the local cost share at 20 per- House bill. House bill. cent: and (2) provisions requiring the Sec- MISCELLANEOUS AMENDMENTS EXTENSION OF GRANT AUTHORITY FOR COMPAT- retary of Transportation to expand the Con- IBLE LAND USE PLANNING AND PROJECTS BY H153/S208(a) (c) (e) (f) (g) tract Tower Program. Under the agreement STATE AND LOCAL GOVERNMENTS (in the modified section), the Secretary re- House bill H154/S— tains the authority to expand the program. Section 153(a) makes a technical change to House bill requirements for the National Plan of Inte- RESOLUTION OF DISPUTES CONCERNING AIRPORT Section 154 extends the grant authority for FEES grated Airport Systems (NPIAS), which com- prises all commercial service airports, all re- compatible land use planning and projects by H149/S431 liever airports, and selected general aviation State and local governments until Sep- House bill airports. tember 30, 2014. Section 149 updates current law that ad- Section 153(b) permits the Secretary of Senate bill dresses the resolution of disputes concerning Transportation to approve a project for ter- No similar provision. airport fees by the Secretary of Transpor- minal development (including multimodal Conference Substitute tation to include foreign air carriers in pay- terminal development) in a nonrevenue-pro- ment by airports under protest. ducing public-use area of a commercial serv- House bill. PRIORITY REVIEW OF CONSTRUCTION PROJECTS Senate bill ice airport if the sponsor certifies that the airport: (1) has all the safety equipment re- IN COLD WEATHER STATES Section 431 is the same provision. quired and security equipment required by H155/S724 Conference Substitute regulation; (2) provides access for passengers House bill to the area of the airport boarding or exiting House bill. Section 155 instructs the Administrator to aircraft that are not air carrier aircraft; (3) SALE OF PRIVATE AIRPORT TO PUBLIC SPONSOR schedule reviews of construction projects costs are directly related to moving pas- that are prevented by weather from being H150/S206 sengers and baggage in air commerce within carried out before May 1 of each year, or as House bill the airport; and (4) meets the terms nec- early as possible. Section 150(a) exempts funds from the sale essary to protect the interest of the govern- of an airport to a public sponsor from use re- ment. Senate bill strictions. This exemption applies where the Section 153(b) directs the Secretary to ap- Section 724 directs the Administrator to Secretary of Transportation approves the prove as allowable costs of terminal develop- review, as early as possible, proposed airport

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AIRPORT SYSTEMS (NPIAS) the approval of at least 65 percent of the air H156/S— carriers serving the airport before the rev- INCLUSION OF MEASURES TO IMPROVE THE EFFICIENCY OF AIRPORT BUILDINGS House bill enue diversion prohibition can be waived.) H—/S222 Section 156 requires the Secretary of Section 158(b) removes the requirement Transportation to study and evaluate the that the Secretary must ensure that the air- House bill formulation of the National Plan of Inte- port fee imposed on air carriers will not in- No similar provision. crease more than inflation; the percent in- grated Airport Systems (NPIAS) and report Senate bill crease on fees to general aviation will not to Congress on the findings and rec- Section 222 specifies that AIP funds can be ommended changes for formulating the exceed the percentage of fees imposed on air carriers; and collective bargaining agree- used for updating buildings to meet high-per- NPIAS and methods to determining the formance green building standards. amounts apportioned to airports. The study ments will not be abrogated by sale or lease. is to address the following: 1) criteria used It prohibits an airport from imposing a fee Conference Substitute for including airports in the plan; 2) changes on a domestic or foreign air carrier for a re- House bill. in airport capital needs as shown in the 2005– turn on investment or recovery of principal TITLE II—NEXT GENERATION AIR 2009 and 2007–2011 plans, compared with the with respect to consideration paid to public TRANSPORTATION SYSTEM AND AIR amounts apportioned or otherwise made agency for the lease unless the air carriers TRAFFIC CONTROL MODERNIZATION approve. available to individual airports between 2005 DEFINITIONS Senate bill and 2010; 3) a comparison of the amounts re- H201/S327 ceived by airports under the AIP in airport No similar provision. House bill apportionments, State apportionments, and Conference Substitute discretionary grants during fiscal years with Section 201 defines the terms: ‘‘NextGen,’’ House bill modified by dropping all lan- capital needs as reported in the plan; 4) the ‘‘Automatic Dependent Surveillance Broad- guage except language on expansion of the effect of transfers of airport apportionments cast (ADS-B)’’, ‘‘ADS-B In’’, ‘‘ADS-B Out,’’ airport privatization program from five to under title 49 United States Code (U.S.C.); 5) ‘‘Area Navigation (RNAV)’’, and ‘‘Required ten airports. an analysis on the feasibility and advis- Navigation Performance (RNP).’’ ability of apportioning amounts under AIRPORT SECURITY PROGRAM Senate bill 47114(c)(1) to the sponsor of each primary air- H—/S208(d) Section 327 sets out definitions for ‘‘Ad- port for each fiscal year an amount that House bill ministration’’, ‘‘Administrator’’, ‘‘NextGen,’’ bears the same ratio to the amount subject No similar provision. and the ‘‘Secretary’’. to the apportionment for FY 2009 as the Conference Substitute number of passenger boardings at the airport Senate bill during the prior calendar year bears to the Section 208(d) sunsets the Airport Security House bill. aggregate of all passenger boardings at all Program. NEXTGEN DEMONSTRATIONS AND CONCEPTS primary airports during that calendar year; Conference Substitute H202/S— 6) a documentation and review of the meth- House bill. House bill ods used by airports to reach the 10,000 passenger enplanement threshold; and 7) any MINIMUM GUARANTEE Section 202 directs the Secretary of Trans- other matters pertaining to the plan that H—/S217 portation when allocating funds to give priority to NextGen-specific programs. the Secretary determines appropriate. House bill Senate bill Senate bill No similar provision. No similar provision. No similar provision. Senate bill Conference Substitute Conference Substitute Section 217 amends the Alaska minimum House bill. guarantee to permit the Secretary of Trans- House bill with minor modification. CLARIFICATION OF AUTHORITY TO ENTER INTO TRANSFERS OF TERMINAL AREA AIR NAVIGATION portation to apportion to the local authority REIMBURSABLE AGREEMENTS EQUIPMENT TO AIRPORT SPONSORS of a U.S. Territory the difference between the amount apportioned to the territory and H157/S— H203/S304 1.5 percent of the total amount apportioned House bill House bill to all airports under subsections (c) and (d) Section 203 clarifies FAA’s existing author- Section 157 establishes a pilot program to of 47144. ity to perform work for other agencies with allow the Administrator to transfer terminal Conference Substitute area air navigation equipment to airport or without reimbursement. Senate bill provision incorporated in the sponsors at a specified number of airports. Senate bill section entitled ‘‘United States territories The airport sponsors must assure the Admin- Section 304 is a similar provision. minimum guarantee’’. istrator that the sponsors will operate and Conference Substitute maintain the equipment, permit inspections RESEARCH IMPROVEMENT FOR AIRCRAFT House bill. by the Administrator, and will replace equip- H—/S216 CHIEF NEXTGEN OFFICER ment as needed. This transfer will include all House bill rights, title and interests of the U.S. to the H204/S302,301 No similar provision. sponsor at no cost to the sponsor. House bill Senate bill Senate bill Section 204 establishes a new position Section 216 expands the type of research No similar provision. within the FAA—the Chief NextGen Officer that the Administrator may conduct or su- (CNO)—who would be responsible for the im- Conference Substitute pervise to include research to support pro- plementation of NextGen programs. The Senate bill. grams designed to reduce gases and particu- Chief NextGen Officer shall be answerable to lates emitted by aircraft. AIRPORT PRIVATIZATION PROGRAM the Administrator and appointed for a term H158/S— Conference Substitute of 5 years to serve at the pleasure of the Ad- House bill House bill. ministrator. The section directs the CNO to coordinate NextGen implementation with Section 158(a) amends current law relating MERRILL FIELD AIRPORT, ANCHORAGE, ALASKA the Office of Management and Budget and to specific provisions for issuance of exemp- H—/S218 other federal agencies. It requires the CNO tions in connection with a transfer of airport House bill to prepare an annual NextGen implementa- operation to a private owner. This section No similar provision. tion plan. authorizes the Secretary of Transportation to expand the number of airports from five Senate bill Senate bill to ten airports. The Secretary is authorized Section 218 modifies current federal re- Section 302 is a similar provision, but with to exempt the selling airport sponsor from strictions at Merrill Field Airport in Anchor- a technical difference and a requirement

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Air Traffic Control Modernization Oversight Section 208(a) directs the Associate Admin- Section 204 requires an annual audit by the Board. istrator for NextGen to also be a voting DOT IG of the FAA’s ADS–B program to as- Conference Substitute member on the Joint Resources Council. sist Congress in creating FAA accountability Section 208(a) requires the JPDO to coordi- for implementing the ADS–B program. It House bill. nate NextGen activities with OMB. directsthe Administrator to initiate a rule- DEFINITION OF AIR NAVIGATION FACILITY Section 208(a) requires the Department of making proceeding within one year after the H205/S310 Defense (DOD), Department of Homeland Se- date of enactment to issue guidelines and House bill curity (DHS), Department of Commerce, and regulations relating to ADS-B In technology. the National Aeronautics and Space Admin- Requires the Chief NextGen Officer to verify Section 205 updates and broadens the defi- istration (NASA) to designate a senior offi- that the necessary ground infrastructure is nition of an air navigation facility to clarify cial to work with the FAA on NextGen im- installed and functioning properly, certifi- that F&E funding may be used for many cap- plementation. cation standards have been approved, and ap- ital expenses directly related to the acquisi- Section 208(b) requires the JPDO to de- propriate operational platforms interface tion or improvement of buildings, equip- velop an Integrated Work Plan that will out- safely and efficiently before the date on ment, and new systems related to the na- line the activities required by partner agen- which all aircraft are required to be equipped tional airspace system and NextGen. cies to achieve NextGen. with ADS-B In technology. The Adminis- Senate bill Section 208(c) directs FAA to annually trator is directed to develop, in consultation Section 310 is a similar provision. publish a NextGen Implementation Plan. with employee and industry groups, plans for Conference Substitute Section 208(d) requires the head of JPDO to the use of ADS-B technology, including test- develop contingency plans for dealing with ing, controller training, and policy for early House bill. the degradation of the system in the event of aircraft equipage. CLARIFICATION TO ACQUISITION REFORM a disaster or failure. AUTHORITY Senate bill Senate bill H206/S305 Section 315 is a similar provision, but re- No similar provision. quires a defined budget and the identifica- House bill No similar provision. tion of actual benefits to national airspace Section 206 repeals a provision with limits No similar provision. system (NAS) users including small and me- on ‘‘other than competitive procedures’’ that Section 309(a) is a similar provision as dium-sized airports and the general aviation conflicts with the FAA’s 1996 procurement House section 208(a), but creates a NextGen community. It requires two rulemakings by reform. Implementation Office, which will be estab- the FAA: 1) to complete a rulemaking proce- Senate bill lished by FAA, DOD, NASA, Commerce, DHS dure within 45 days of enactment and man- and other applicable agencies. Section 305 is a similar provision. date that all aircraft should be equipped No similar provision. Conference Substitute with ADS-B Out technology by 2015; and 2) to No similar provision. initiate a rulemaking procedure on ADS-B In House bill. No similar provision. technology and require all aircraft to be ASSISTANCE TO FOREIGN AVIATION AUTHORITIES Conference Substitute equipped with ADS-B In by 2018. The FAA is H207/S306 House bill. required to create a plan for ADS-B tech- House bill NEXT GENERATION AIR TRANSPORTATION SENIOR nology use by air traffic control by 2015, in- Section 207 clarifies the FAA’s current au- POLICY COMMITTEE cluding a test of ADS-B prior to 2015 within the plan. It sets conditional extensions of thority to provide air traffic services abroad, H209/S309(b) the deadline for equipping aircraft with whether or not the foreign entity is private House bill or governmental, and that the FAA may par- ADS-B technology. ticipate in any competition to provide such Section 209 requires each agency involved Conference Substitute in implementing NextGen initiatives to par- services. It clarifies that the Administrator House bill modified to include an addi- may allow foreign authorities to pay in ar- ticipate in an Air Transportation Senior Pol- icy Committee. This committee will meet bi- tional requirement in the DOT IG review to rears rather than in advance, and that any identify ‘‘any potential operational or work- payment for such assistance may be credited annually and will be responsible for producing an annual report summarizing the force changes resulting from deployment of to the current applicable appropriations ac- ADS-B’’. count. progress made in carrying out the NextGen integrated work plan. The Secretary of ACCELERATION OF NEXTGEN TECHNOLOGIES Senate bill Transportation is directed to publish an an- H213/S314,510 Section 306 is a similar provision. nual report on the date of submission of the Conference Substitute President’s Budget, summarizing the House bill House bill. progress made in carrying out the integrated Section 213(a) requires the Administrator work plan. to publish a report within six months (but NEXT GENERATION AIR TRANSPORTATION SYS- Senate bill after consultation with employee groups) TEM JOINT PLANNING AND DEVELOPMENT OF- that includes how FAA will develop: 1) Area FICE Section 309(b) is a similar provision but Navigation and Required Navigation Per- H208/S309(a) with a requirement that the Senior Policy Committee meet once each quarter. formance (RNAV/RNP) procedures at 35 House bill Operational Evolution Partnership (OEP) Conference Substitute Section 208(a) elevates the Director of the airports identified by FAA; 2) a description Joint Planning and Development Office House bill. of requirements to implement them; 3) an (JPDO) to the level of Associate Adminis- IMPROVED MANAGEMENT OF PROPERTY implementation plan; 4) an assessment of the trator for NextGen, reporting directly to the INVENTORY cost/benefit for using third parties to develop Administrator. The responsibilities of the H210/S311 procedures; and 5) a process for creating fu- Director will include: 1) establishing specific House bill ture RNA/RNP procedures. (The FAA is di- quantitative goals for the safety, capacity, rected to implement 30 percent of these pro- Section 210 clarifies FAA’s current author- efficiency, performance, and environmental cedures within 18 months, 60 percent within ity to purchase and sell property needed for impacts of each phase of NextGen planning 36 months, and 100 percent by June 2015. airports and air navigation facilities, and in- and development activities; 2) working to en- Section 213(b) establishes a charter with cludes the authority to retain funds associ- sure global interoperability of NextGen; 3) Performance Based Navigation ARC as nec- ated with disposal of property. working to ensure the use of weather infor- essary to establish priorities in navigation mation and space weather information in Senate bill performance and area navigation procedures NextGen as soon as possible; 4) overseeing, Section 311 is a similar provision, but does based on potential safety and efficiency ben- with the Administrator and in consultation not allow these funds to be used to offset efits to the NAS, including small and me- with the Chief NextGen Officer (CNO), the se- costs of property disposal. dium hub airports.

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Section 213(c) states that performance and Senate bill INCLUSION OF STAKEHOLDERS IN AIR TRAFFIC area navigation procedures under this sec- Section 510(b) directs the DOT IG review CONTROL MODERNIZATION PROJECTS tion shall be presumed covered by categor- and report to Congress on FAA’s oversight of H217/S322 ical exclusion in Chapter 3 of FAA Order third party development of flight procedures, House bill 1050.1E. the extent of new flight procedures devel- Section 217 requires the Administrator to Section 213(d) directs the Administrator to oped by third parties, and whether FAA has create a process for including union employ- submit a development plan in one year for the resources to develop these procedures ees in the planning, development, and de- nationwide data communications systems. without the use of third parties. ployment of air traffic control projects. Section 213(e) instructs the Administrator Within 180 days of enactment, the FAA must to outline in the NextGen Implementation Conference Substitute report to Congress on implementation of this Plan what utilization of ADS-B, RNP and House bill. provision. other technologies included as part of PERFORMANCE METRICS NextGen implementation will display posi- Senate bill tion of aircraft more accurately, and the fea- H214/S317 Section 322 is a similar provision, but it sibility of reducing aircraft separation House bill provides travel and per diem expenses for the employees. standards. Should it be deemed feasible to Section 214 requires the FAA, within 180 reduce aircraft separation standards, the Ad- days after enactment, to establish and track Conference Substitute ministrator shall produce a timetable for im- NextGen related performance metrics within House bill modified, directing the Adminis- plementation of such standards. the national airspace system and to submit trator to include qualified employees se- Section 213(f) establishes a program in an annual report to Congress based on the re- lected by each collective bargaining rep- which the Administration will utilize third sults of the study. resentative of employees affected by air traf- parties to develop air traffic procedures. Senate bill fic control modernization projects. Includes Senate bill provision for employees to receive per diem Section 317 is a similar provision, but it reimbursement, if appropriate, however, the Section 314 directs the Administrator to has some different metrics including ones to publish a report within six months, after Administrator is prohibited from paying demonstrate reduced fuel burn and emis- overtime expenses except in extraordinary consultation with stakeholders, including sions. the development of: 1) RNP/RNAV proce- circumstances. The provision also directs dures at 137 airports; 2) a description of the Conference Substitute participants to adhere to deadlines and mile- activities required for their implementation; House bill. The conference committee be- stones to help keep NextGen on schedule. 3) an implementation plan that includes lieves that performance metrics are the best AIRSPACE REDESIGN baseline and performance metrics; 4) assess- way to evaluate the FAA’s progress in imple- H218/S— ment of the benefits/costs of using third par- menting NextGen. With these metrics, Con- House bill gress and the public will be able to deter- ties to develop the procedures; and 5) a proc- Section 218 contains Findings of Congress mine the Administration’s real progress in ess for the creation of future RNP and RNAV that the FAA redesign efforts will play a the delivery of NextGen benefits, which is procedures. The Administrator must imple- critical role in enhancing capacity, reducing the goal of the NextGen program. ment 30 percent of the procedures within 18 delays, and transitioning to more flexible months of enactment, 60 percent within 36 CERTIFICATION STANDARDS AND RESOURCES routing. Additionally, the Findings state months of enactment, and 100 percent by H215/S318 that funding cuts have led to delays and de- 2014. The Administrator is directed to create House bill ferrals to critical capacity enhancing air- a plan for the implementation of procedures space redesign efforts, and several new run- at the remaining airports across the coun- Section 215 requires the FAA to develop a ways planned for in FY 2011 and FY 2012 will try. It would require 25 percent of the proce- plan to accelerate the certification of not provide estimated capacity benefits dures at these airports to be implemented NextGen technologies. without additional funds. It also requires the within 18 months after enactment, 50 percent Senate bill Administrator to work with the New York/ within 30 months after enactment; 75 percent Section 318 is a similar provision, but it New Jersey Port Authority to monitor the within 42 months after enactment, and 100 noise impacts of the redesign and submit a percent before 2016. The charter of the Per- prohibits the FAA from making any distinction between publicly and privately owned report to Congress on those impacts in one formance Based Navigation ARC is extended year. and directs it to establish priorities for de- equipment when determining certification Senate bill velopment of the RNP/RNAV procedures requirements. based on potential safety and congestion Conference Substitute No similar provision. benefits. It would require that the process of House bill modified to include language Conference Substitute the development of such procedures be sub- prohibiting the FAA from making any dis- House bill. ject to a previously established environ- tinction between publicly and privately STUDY ON FEASIBILITY OF DEVELOPMENT OF A mental review process. The FAA is directed owned equipment when determining certifi- PUBLIC INTERNET WEB BASED RESOURCE ON to provide Congress with a deployment plan cation requirements. LOCATIONS OF POTENTIAL AVIATION OBSTRUC- for the implementation of a nationwide data SURFACE SYSTEMS ACCELERATION TIONS communications system to support NextGen H219/S— air traffic control and a report evaluating H216/S321 House bill the ability of NextGen technologies to facili- House bill Section 219 instructs the Administrator to tate improved performance standards for air- Section 216 directs the Chief Operation Of- craft in the NAS. carry out a study on the feasibility of devel- ficer of the Air Traffic Organization (ATO) oping publicly searchable web-based re- Conference Substitute to: 1) evaluate Airport Surface Detection sources with information regarding height, House bill modified to change language to Equipment-Model X (ASDE-X); 2) evaluate latitudinal and longitudinal locations of separate OEP and non-OEP airports to estab- airport surveillance technologies; 3) accel- guywire and free-standing tower obstruc- lish separate timelines and milestones, to re- erate implementation of ASDE-X; and 4) tions. carry out additional duties as required by quire the FAA to provide a categorical exclu- Senate bill sion for RNP/RNAV procedures that would the Administrator. The Administrator is re- lead to a reduction in aircraft fuel consump- quired to consider options for expediting the No similar provision. tion, emissions and noise on an average per certification of Ground-Based Augmentation Conference Substitute flight basis, and to direct the Administrator System (GBAS) technology, and develop House bill. to establish a program under which the Ad- plans to utilize such a system at the 35 OEP NEXTGEN RESEARCH AND DEVELOPMENT CENTER ministrator is authorized to utilize the serv- airports by September 30, 2012. OF EXCELLENCE ices of qualified third parties in the develop- Senate bill H220/S— ment, testing, and maintenance of flight pro- Section 321 is a similar provision, however House bill cedures. it directs the FAA to consider expediting the Section 220 permits the Administrator to DOT INSPECTOR GENERAL REVIEW OF OPER- certification of Ground Based Augmentation enter into an agreement on a competitive ATIONAL APPROACH PROCEDURES BY THIRD Systems (GBAS) technology and develop a basis to assist the establishment of a Center PARTY plan to utilize it at the 35 OEP airports by of Excellence for the research and develop- H—/S510(b) September 30, 2012. ment of NextGen technologies. House bill Conference Substitute Senate bill No similar provision. House bill. No similar provision.

VerDate Sep 11 2014 12:49 Feb 24, 2017 Jkt 019102 PO 00000 Frm 00055 Fmt 0688 Sfmt 0634 E:\BR12\H01FE2.001 H01FE2 rmajette on DSK2TPTVN1PROD with BOUND RECORD 658 CONGRESSIONAL RECORD—HOUSE, Vol. 158, Pt. 1 February 1, 2012 Conference Substitute equipping of aircraft with NextGen tech- ties identified in Inspector General of the House bill. nologies—including a ‘‘best equipped, best Department of Transportation Report Num- PUBLIC-PRIVATE PARTNERSHIPS served’’ approach. ber AV–2009–047. H221/S— Conference Substitute SEMIANNUAL REPORT ON STATUS OF GREENER House bill Senate bill. SKIES PROJECT Section 221 directs the Administrator to EDUCATIONAL REQUIREMENTS H—/S326 develop a plan to expedite the equipage of H—/S312 House bill general aviation and commercial aircraft House bill No similar provision. with NextGen technologies. No similar provision. Senate bill Senate bill Senate bill No similar provision. Section 326 requires the FAA to report to Section 312 requires FAA to reimburse De- Congress on a strategy for accelerated imple- Conference Substitute partment of Defense (DOD) for the cost of mentation of the NextGen operational capa- House bill modified to include language on DOD-provided education of dependents of bilities produced by the Greener Skies NextGen public private partnership program. FAA employees stationed in Puerto Rico and project. Follow-up reports are due 180 days The language describes financial instru- Guam. after the first report is submitted and then ments which the Secretary may use to facili- Conference Substitute every 180 days after that until September 30, tate public-private financing. In addition, 2011. language establishing an avionics incentive Senate bill. program for facilitating the acquisition and STATE ADS–B EQUIPAGE BANK PILOT PROGRAM Conference Substitute installation of equipment that is deemed to H—/S324 Senate bill with modified language requir- be in the interest of achieving NextGen capa- ing the first report to be submitted six House bill bilities in commercial and general aviation months after enactment, with follow up re- aircraft. Language regarding limitation on No similar provision. ports annually (instead of reports every 180 principal is included with language regard- Senate bill days) until the pilot program terminates. ing collateral, fees and premiums as well as Section 324 authorizes the Secretary of FINANCIAL INCENTIVES FOR NEXTGEN EQUIPAGE use of funds. Transportation to enter into cooperative H—/S328 Subject to the availability of funds, the agreements with up to five states to estab- Secretary, or his/her designee, may guar- lish ADS–B equipage banks for making loans House bill antee loans with deferred repayment sched- and providing other assistance to public en- No similar provision. ules, provided that in establishing the tities. Senate bill decisional criteria for the period of deferral, Conference Substitute the Secretary or his designee shall consider Section 328 authorizes the FAA Adminis- the terms of the deferral established by House bill. trator to enter into agreements to fund the other transportation loan guarantee pro- REPORT ON FUNDING FOR NEXTGEN TECHNOLOGY costs of equipping aircraft with avionics to grams and when equipment qualifying under H—/S319 enable NextGen technologies, including grants or other financial instruments. subsection (A) of this section will be put to House bill beneficial use in aircraft. The Secretary Conference Substitute No similar provision. shall ensure that any such applications are Senate bill dropped, however House lan- Senate bill reviewed under procedures similar to those guage on public-private partnerships was in- established for the Railroad Rehabilitations Section 319 requires the FAA to report on: cluded. and Improvement Financing program. The 1) a financing proposal to fund the develop- authority of the Secretary to issue credit as- ment and implementation of NextGen tech- TITLE III—SAFETY sistance terminates 5 years after the date of nology; and 2) recommendations for oper- JUDICIAL REVIEW OF DENIAL OF AIRMEN establishment of the Incentive Program. ational benefits that could be provided to CERTIFICATES In reviewing and evaluating applications aircraft for early equipage with NextGen H301/S502 for loan guarantees, the Secretary or his/her technologies. designee shall reference similar provisions in House bill Conference Substitute Sections 821, 822, and 823 of the Railroad Re- Section 301 allows a person to seek judicial habilitation and Improvement Financing House bill. review of a National Transportation Safety program, 800 et seq. of Title 45, U.S.C. when AIR TRAFFIC CONTROLLER STAFFING Board order in an appeal of a decision on an considering the following: (a) the estimated INITIATIVES AND ANALYSIS application for an airman certificate. cost to the federal government of providing H—/S325 Senate bill the requested form and amount of assist- House bill ance; (b) the estimated public and aviation Section 328 is a similar provision with system benefits to be derived from installing No similar provision. minor technical differences. the required avionics in the most timely Senate bill Conference Substitute manner; (c) the amount of private sector Section 325 directs the FAA to implement House bill. funding that will be committed and the certain DOT IG recommendations with re- RELEASE OF DATA RELATING TO ABANDONED amount of private sector capital placed at spect to the air traffic control tower at Los TYPE CERTIFICATES AND SUPPLEMENTAL risk; and (d) the likelihood of default by bor- Angeles International Airport and the TYPE CERTIFICATES rowers. Southern California Terminal Radar Ap- H302/S503 FACILITATION OF NEXTGEN AIR TRAFFIC proach Control and Northern California Ter- SERVICES minal Radar Approach Control facilities by, House bill H—/S303 among other things, ensuring that classroom Section 302 authorizes the Administrator House bill space, contract instructors, and simulators to release certificate information without are sufficiently available to provide training No similar provision. consent of the owner if: 1) the requested data to trainee air traffic controllers; evenly dis- has been inactive for three or more years; 2) Senate bill tributing new trainee controllers across the the FAA cannot, after due diligence, find the Section 303 describes the factors that the facilities over the calendar year; and com- owner of record, or the owner of record’s FAA would consider in determining whether missioning an independent analysis, in con- heir; and 3) making the data available will to accept the provision of air traffic services sultation with the controllers’ exclusive col- enhance aviation safety. The Administrator by non-governmental providers. lective bargaining representative, of over- shall maintain engineering data in posses- Conference Substitute time scheduling practices. sion of the FAA relating to a type certificate House bill. Conference Substitute that has been inactive for three or more OPERATIONAL INCENTIVES Senate bill modified by removing language years. H—/S316 that would limit application of this section Senate bill to only the facilities named above. In addi- House bill Section 503 is a similar provision but with tion, directs the Administrator, as soon as No similar provision. no language regarding the requirement to practicable, to assess training programs at maintain data. Senate bill air traffic control facilities with below-aver- Section 316 requires the FAA to issue a re- age success rates and prioritize such efforts Conference Substitute port to identify incentives to encourage the to address recommendations for the facili- House bill.

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DESIGN AND PRODUCTION ORGANIZATION days. It does not require pilot training, radar ty assessment system. It instructs the Ad- CERTIFICATES altimeters, survivability equipment, or oper- ministrator to notify Congress within 30 H303/S504 ational control centers to be addressed with- days after initiating formal negotiations in the NPRM. It requires helicopter and fixed with a foreign aviation authority or other House bill wing air ambulance operators to comply appropriate foreign government agency on a Section 303 directs the Administrator to with regulations under 14 Code of Federal new maintenance implementation agree- issue Certified Design and Production Orga- Regulations (C.F.R.) part 135 whenever there ment. nization Certificates to aviation manufac- is medical personnel onboard, with certain Senate bill turers in order to streamline the certifi- exceptions. It also requires that terrain Section 521 is a similar provision, but di- cation process and allow FAA to focus its awareness and warning systems be onboard safety resources on primary safety concerns. rects the FAA to inspect all repair stations, helicopter and fixed wing aircraft within one including those abroad, at least twice a year It clarifies that nothing in this section year. The FAA is directed to study and ini- would affect the FAA’s authority to revoke in a manner consistent with United States tiate a third rulemaking within one year of obligations under international agreements. the Certified Design and Production Organi- enactment to require devices similar to zation Certificates once issued. The Adminis- The inspection results for foreign civil avia- Cockpit Voice Recorders (CVR) and Flight tion authorities shall be considered if the trator is directed to start issuing such cer- Data Recorders (FDR). tificates by January 1, 2013. foreign country has a maintenance safety Conference Substitute agreement with the United States. Senate bill House bill with modified language to Conference Substitute Section 504 authorizes the Administrator change deadline for the first two House and Senate bills merged and modi- to issue design organization certificates be- rulemakings to June 1, 2012. ginning on January 1, 2013. fied, removing language requiring that the PROHIBITION ON PERSONAL USE OF CERTAIN report on part 145 repair stations be com- Conference Substitute DEVICES ON THE FLIGHT DECK pleted within 1 year of enactment and modi- House bill. H313/S558 fied the annual inspections requirement CABIN CREW COMMUNICATION House bill from occurring ‘‘as frequently as determined H—/S508 Section 313 prohibits the use of laptops and warranted’’ to annually in a manner that is consistent with U.S. obligations under inter- House bill other personal wireless devices by the flight national agreements, with additional inspec- No similar provision. crew on the flight deck while the aircraft is being operated except if the device is being tions authorized based on identified risks. Senate bill used for a purpose related to the operation of ENHANCED TRAINING FOR FLIGHT ATTENDANTS Section 508 requires that flight attendants the aircraft, emergencies or safety, or em- AND GATE AGENTS be able to read, speak and write English well ployment related communications. It au- H—/S562 enough to: 1) read and comprehend material; thorizes civil penalties for violation of this House bill 2) provide direction to, and understand and provision and gives the Administrator the No similar provision. answer questions from, English-speaking inability to amend, modify, suspend or revoke dividuals; 3) write incident reports and state- an operator’s certificate for violation of this Senate bill ments, and log entries and statements; and provision. The Secretary of Transportation Section 562 requires that flight attendants 4) carry out written and oral instruction re- is required to initiate a rulemaking within 90 and gate agents receive training related to: garding the proper performance of their du- days of enactment; and a final rule is due serving alcohol to passengers; recognizing in- ties. This section does not apply to flight at- two years after date of enactment. It directs toxicated passengers; and dealing with dis- tendants serving solely between points out- the Administrator to conduct a study and re- ruptive passengers. side the United States. port to Congress on the sources of distrac- Conference Substitute Conference Substitute tion for flight crewmembers. Senate bill modified by removing ref- Senate bill, however the FAA shall work Senate bill erences to gate agents from the provision. with air carriers to facilitate compliance Section 558 is a similar provision, except LIMITATION ON DISCLOSURE OF SAFETY through the flight attendant certification re- only civil penalties are authorized for viola- INFORMATION quirements of 49 U.S.C. 44728. tion of this provision. It directs FAA to ini- H337/S554 LINE CHECK EVALUATIONS tiate a rulemaking within 30 days of enact- House bill H316/S722 ment, and issue a final rule within one year of enactment. Section 337 amends Chapter 447, by ex- House bill Conference Substitute empting the following reports and data from Section 316 requires the Administrator to being subject to discovery or subpoena or ad- sunset, one year after the date of enactment, House bill. mitted into evidence in a Federal or State the requirement for a second yearly line INSPECTION OF REPAIR STATIONS LOCATED court: an Aviation Safety Action Program check evaluation for airline pilots over the OUTSIDE THE UNITED STATES (ASAP) report; data produced from a Flight age of 60, unless the Secretary of Transpor- H315/S521 Operational Quality Assurance (FOQA) Pro- tation certifies that the additional line House bill gram; a Line Operations Safety Audit check is necessary to ensure safety. (LOSA) Program report; hazard identifica- Section 315 requires the Administrator to tion, risk assessment risk control; safety Senate bill establish and implement a system for assess- data collected for purpose of assessing/im- Section 722 is a similar provision, but does ing the safety of foreign repair stations proving aviation safety; and reports, anal- not require DOT safety certification. based on identified risks and consistent with yses and directed studies based in whole or U.S. requirements. The FAA is to initiate in- Conference Substitute part on reports from the aforementioned pro- spections as frequently as it determines is Senate bill. grams including those under the Aviation warranted by its safety assessment system. Safety Information Analysis and Sharing SAFETY OF AIR AMBULANCE OPERATIONS The Departments of Transportation and (ASIAS) Programs. Any report or data that H310/S507 State are required to request members of the is voluntarily provided to the FAA shall be International Civil Aviation Organization to House bill considered to be voluntarily submitted infor- establish international standards for drug/al- Section 310 directs the FAA to issue a No- mation within the meaning and shall not be cohol testing of safety inspectors. The Ad- tice of Proposed Rulemaking (NPRM) within disclosed to the public. The FAA may release ministrator is directed to issue a proposed 180 days to address air ambulance safety. It documents to the public that include sum- rule within one year of enactment requiring requires a follow up or rulemaking to ad- maries, aggregations or statistical analyses that all foreign repair station employees re- dress additional Helicopter Emergency Med- based on reports or data described in this sponsible for safety-sensitive maintenance ical Services training. Operators are re- section, and the NTSB is not prevented from functions are subject to an alcohol and con- quired to collect and report data to the Ad- referring to relevant information. This ex- trolled substances testing program that is ministrator on their operations, including emption shall not apply to a report devel- determined acceptable by the FAA and is the number of flights and hours flown and oped or data produced on behalf of a person consistent with the applicable laws of the for the FAA to report on that data 24 months if that person waives the privileges provided. country in which the repair station is based. after enactment, and annually thereafter. The FAA is to provide an annual report with- Senate bill Senate bill in one year of enactment, and annually Section 554 would limit the use of FOQA Section 507 is similar language, but in- thereafter, on the Administration’s over- and ASAP and LOSA data in judicial pro- cludes fixed-wing ambulance operators with- sight of foreign repair stations and imple- ceedings. FOQA, ASAP or LOSA data would in the NPRM and includes a deadline of 60 mentation of the foreign repair station safe- only be allowed in a judicial proceeding if

VerDate Sep 11 2014 12:49 Feb 24, 2017 Jkt 019102 PO 00000 Frm 00057 Fmt 0688 Sfmt 0634 E:\BR12\H01FE2.001 H01FE2 rmajette on DSK2TPTVN1PROD with BOUND RECORD 660 CONGRESSIONAL RECORD—HOUSE, Vol. 158, Pt. 1 February 1, 2012 the judge finds that a party shows that the and submit these recommendations to Con- Senate bill information is relevant, not otherwise gress within six months. No similar provision. known or available, and demonstrates a par- Senate bill Conference Substitute ticularized need for the information that No similar provision. House bill. outweighs the intrusion upon the confiden- tiality of these programs. If this information Conference Substitute FEASIBILITY OF REQUIRING HELICOPTER PILOTS is used in a judicial proceeding, the court House bill with modification of six months TO USE NIGHT VISION GOGGLES would be required to protect it against fur- to twelve months to submit recommenda- H312/S— ther dissemination with a protective order tions to Congress. House bill and place the information under seal. This RUNWAY SAFETY Section 312 directs the FAA to conduct a section would also prohibit disclosure of this H306/S501,517 study and report to Congress within one year data through the Freedom of Information of enactment on the feasibility and potential House bill Act. This section would not prevent the risks of requiring all pilots of helicopters NTSB from referring to information pro- Section 306 requires the Administrator providing air ambulance services to use vided under the FOQA, ASAP or LOSA pro- within six months to create a Strategic Run- night vision goggles during nighttime oper- grams. way Safety Plan to address: 1) goals to im- ations. prove safety; 2) near and long term actions, Conference Substitute Senate bill time frames and resources needed, contin- House bill modified with technical edits. uous evaluative process for goals, and review No similar provision. PROHIBITION AGAINST AIMING A LASER POINTER of every commercial service airport; and 3) Conference Substitute AT AN AIRCRAFT increased runway safety risks with the ex- House bill. H—/S733 pected increased volume of air traffic. It re- MAINTENANCE PROVIDERS House bill quires a report to Congress by December 31, H314/S522 2011 outlining a plan to install and deploy House bill No similar provision. systems to alert controller and/or flight Section 314 requires the Administrator to Senate bill crews of potential runway incursions. issue regulations within three years to man- Section 733 amends title 18, United States Senate bill date that maintenance work on aircraft be Code, to add a new section 39A to make it a Section 328 is a similar provision. performed only by individuals employed by a crime to knowingly aim the beam of a laser Conference Substitute part 121 air carrier, a part 145 repair station, pointer at an aircraft in the special aircraft or a company that provides contract workers House bill. jurisdiction of the United States or at the to part 121 carriers or part 145 repair stations flight path of such aircraft. An individual FLIGHT STANDARDS EVALUATION PROGRAM if the individual meets part 121/145 require- convicted of this crime is subject to criminal H308/S— ments, works under the supervision of a part fines or imprisonment up to 5 years. This House bill 121/145 carrier/station, and carries out the provision does not apply to: 1) individuals Section 308 directs the Administrator to work in accordance with part 121/145. conducting research and development or Senate bill flight test operations for an aircraft manu- modify the Flight Standards Evaluation Pro- Section 522 is a similar provision. facturer or the Federal Aviation Administra- gram to include periodic and random audits tion; 2) Department of Defense (DOD) or De- of air carriers in the agency’s oversight, and Conference Substitute partment of Homeland Security (DHS) per- prohibit an individual from participating in Senate bill with modifications, including sonnel conducting research, development, a review or audit of an office with responsi- heading changed to ‘‘Maintenance Pro- operations, testing or training; or 3) an indi- bility for an air carrier under the program if viders.’’ This section directs the Adminis- vidual using a laser emergency signaling de- the individual had responsibility for inspect- trator to require that essential maintenance, vice to send a distress signal. Section 39A au- ing the operations of that carrier in the five regularly scheduled maintenance, and work thorizes the Attorney General, in consulta- year period preceding the date of the review. pursuant to required inspection items must tion with the Secretary of Transportation, The Administrator is required to report to be performed by part 121 carriers, part 145 re- to provide by regulation, after public notice Congress within one year of enactment, and pair stations, or contractors meeting the re- and comment, additional exceptions to this annually thereafter on the Flight Standards quirements of part 121 or 145 certificate hold- provision as necessary and appropriate. The Evaluation Program. ers. Covered work performed by a contractor Attorney General must give written notice Senate bill meeting the requirements of par 121 or 145 of any such proposed regulations to the No similar provision. certificate holders are subject to the following terms and conditions: 1) the part 121 House and Senate Committees on the Judici- Conference Substitute ary as well as other specified committees. carrier shall be directly in charge of work; 2) House bill. Conference Substitute the work shall be carried out according to COCKPIT SMOKE the part 121 carrier’s maintenance manual; Senate bill with minor modifications. H309/S— and 3) the work shall be performed under the AIRCRAFT CERTIFICATION PROCESS REVIEW AND House bill part 121 carrier’s supervision and control. REFORM 121 air carriers are responsible for ensuring Section 309 directs U.S. Government Ac- H304/S— that all maintenance, whether performed by countability Office to conduct a study on the House bill the air carrier itself or performed by another effectiveness of the FAA’s oversight of the entity under contract with the carrier, is Section 304 directs the Administrator to use of new technologies to prevent/mitigate conducted in accordance with the air car- review the current practices for aircraft cer- effects of dense and continuous smoke in rier’s maintenance program. When mainte- tification. It requires that in his/her assess- cockpit of aircraft, with a report to be sub- nance is performed by another entity, the air ment the Administrator must make rec- mitted to Congress in one year. carrier continues to be responsible for the ommendations to improve efficiency and re- Senate bill oversight of these maintenance providers, duce costs through streamlining and re- No similar provision. who are considered to be an extension of the engineering of certification process and issue Conference Substitute air carrier’s maintenance program. This pro- a report within 180 days. vision will ensure that oversight responsi- Senate bill House bill with modified language chang- bility for maintenance remain with the 121 ing the report deadline from one year to 18 No similar provision. air carrier recognizing supervision and over- months. Conference Substitute sight of individuals may be with a Part 145 OFF-AIRPORT, LOW-ALTITUDE AIRCRAFT repair station. House bill. WEATHER OBSERVATION TECHNOLOGY Responsibility for oversight by 121 carriers CONSISTENCY OF REGULATORY INTERPRETATION H311/S— is not meant to change the permitted work H305/S— House bill of the Part 145 repair stations. In particular, House bill 145 stations can continue to supervise and Section 311 directs the Administrator to oversee the activities of individuals that per- Section 305 directs the Administrator to conduct a review of off-airport, low-altitude form contract maintenance when it is nec- convene an advisory panel to determine the aircraft weather observation technologies, essary to obtain technical expertise. root causes of inconsistent interpretation of which will include an assessment of tech- STUDY OF AIR QUALITY IN CABINS regulations by the FAA Flight Standards nical alternatives, investment analysis, and Service and Aircraft Certification Service, recommendations for improving weather re- H—/S564 develop recommendations to improve the porting. A report is required to be submitted House bill consistency of interpreting the regulations, to Congress in one year. No similar provision.

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The Ad- ARDS FOR FLIGHT ATTENDANTS ON BOARD Conference Substitute ministrator is required to initiate research AIRCRAFT and development work on effective air clean- H—/S509 House and Senate bills merged to include all of House definitions and Senate defini- ing and sensor technology for the engine and House bill auxiliary power unit for bleed air supplied to tion of ‘‘Arctic’’. No similar provision. the passenger cabin and flight deck of a pres- INTEGRATION OF CIVIL UNMANNED AIRCRAFT Senate bill surized aircraft within 180 days of enact- SYSTEMS INTO NATIONAL AIRSPACE SYSTEM Section 509 requires the Administrator to ment. H322/S320, 607(a)(b)(d)(e)(f) Conference Substitute establish milestones and a policy statement for the completion of work with the Occupa- House bill Senate bill modified by removing language tional Safety and Health Administration Section 322 requires the Secretary of requiring the FAA to determine the extent (OSHA) begun under the August 2000 Memo- Transportation to develop a plan, in con- to which the installation of sensors and air randum of Understanding (MOU) regarding sultation with aviation and Unmanned Air- filters on commercial aircraft would provide the application of OSHA requirements to craft Systems (UAS) industry representa- a public health benefit. The conference also crewmembers while working in an aircraft. tives, within nine months of enactment, for agreed that the FAA’s authority to monitor Conference Substitute the safe integration of civil UASs into the air quality may not impose significant costs Senate bill modified by dropping policy Nation Airspace (NAS). This plan must con- to air carriers and may not interfere with tain a review of technologies and research to the carrier’s normal use of the aircraft. statement principles. The conference committee believes that in initiating develop- assist in this goal, recommendations for a IMPROVED PILOT LICENSES ment of a policy statement the FAA shall rulemaking on the definition of acceptable H307/S— consider the establishment of a coordinating standards, ensure civil UAS have sense and House bill body similar to the Aviation Safety and avoid capability, develop standards and re- Section 307 directs the Administrator to Health Joint Team established by the Au- quirements for operator and pilots of UASs, issue improved pilot licenses that are tam- gust 2000 memorandum of understanding and recommendations. The plan must in- per-resistant, include a photograph of the in- that includes representatives designated by clude a realistic time frame for UAS integra- dividual, and are capable of accommodating both Administrations to examine the appli- tion into the NAS, but no later than Sep- a digital photograph, a biometric identifier, cability of current and future Occupational tember 30, 2015. The plan must be submitted or any other unique identifier. It instructs Safety and Health Administration regula- to Congress within one year of enactment. the Administrator to develop methods to de- tions; to recommend policies forfacilitating The FAA is required to initiate a Notice of termine or reveal if part of license issued has the training of Federal Aviation Administra- Proposed Rulemaking (NPRM) for site inte- been tampered with. tion inspectors; and to make recommenda- gration of UAS within 18 months of the date tions that will govern the inspection and en- of enactment of the integration plan. Senate bill forcement of safety and health standards on Senate bill No provision. board aircraft in operation and all work-re- Section 320 requires the FAA to develop a Conference Substitute lated environments. Any standards adopted plan within one year to accelerate the inte- by the Federal Aviation Administration House bill modified by adding new lan- gration of UASs into the NAS. This plan shall set forth clearly the circumstances guage: 1) directing the Administrator to pro- must include: 1) a pilot project that includes under which an employer is required to take vide the relevant House and Senate Commit- the integration of UAS into six test sites, action to address occupational safety and tees with a timeline for the issuance of pilot representing geographic and climate dif- licenses; 2) specifying that the new licenses health hazards; the measures required of an employer under the standard; and the com- ferences within the United States, by 2012; 2) should incorporate biometric identifiers; and development of certification, flight stand- 3) requiring that the licenses must comply pliance obligations of an employer under the standard. ards, and air traffic requirements for UAS; 3) with established aviation security check- the dedication of funding for research on IMPROVED SAFETY INFORMATION point clearance standards. The conference UAS certification, flight standards, and air committee recognizes that the federal gov- H—/S511 traffic control (ATC); 4) coordination of re- ernment is responsible for the screening of House bill search between NASA and DOD; and 5) all individuals prior to entry into airport No similar provision. verification of the safety of UAS before their sterile areas and expects that efforts to uti- Senate bill integration into the NAS. This section would lize improved pilot certificates will be car- allow the FAA Administrator to include ried out by the federal government. Section 511 directs the Administrator to issue a final rule regarding re-registration testing at six test sites as part of the inte- STUDY OF HELICOPTER AND FIXED WING AIR and renewal of aircraft registration, which gration plan by 2012. The FAA is directed to AMBULANCE SERVICES must include preparing for the expiration of work with DOD to certify and develop flight H—/S717 aircraft registration certificates and periodic standards for military unmanned aerial sys- House bill renewal process, and other measures to pro- tems and to integrate these systems into the NAS as part of the UAS integration plan. No similar provision. mote the accuracy of the Administration’s aircraft registry. The FAA Administrator is required to sub- Senate bill Conference Substitute mit a report describing and assessing the Section 717 requires the GAO to conduct a progress made in establishing special use air- House bill. detailed study of the air ambulance industry space for DOD to develop detection tech- and to make recommendations related to the USE OF EXPLOSIVE PEST CONTROL DEVICES niques for small UASs. interaction of state and federal regulations H—/S523 Section 607 allows the FAA to conduct de- of air ambulances. House bill velopmental research on UASs. It would di- Conference Substitute No similar provision. rect the FAA and the National Academy of House bill, because the GAO has completed Senate bill Sciences to create an assessment of UAS capabilities and would require the National the required study. Section 523 requires the FAA to study the Academy of Sciences to submit a report to PILOT FATIGUE use of explosive pest control devices to pre- Congress on the subject. It requires the FAA vent wildlife strikes to aircrafts and submit H—/S506 to issue a rule to update the most recent pol- a report in six months. House bill icy statement on UASs. The FAA is directed Conference Substitute No similar provision. to identify permanent areas in the Arctic House bill. Senate bill where UASs may operate 24 hours a day. The SUBTITLE B—UNMANNED AIRCRAFT SYSTEMS FAA is to take part in cost-share pilot Section 506 requires a study of pilot fatigue DEFINITIONS projects designed to accelerate the safe inte- to be conducted by the National Academy of gration of UASs into the NAS. Sciences and for the FAA to consider the H321/S— study’s findings as part of its rulemaking House bill Conference Substitute proceeding on pilot flight time limitations Section 321 defines the terms: ‘‘certificate House and Senate bills merged. The con- and rest requirements. of waiver’’, ‘‘sense and avoid capability’’, ference committee directs the Secretary to

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The Sec- agencies to simplify and expedite the process ministration and Department of Defense, ad- retary is directed to develop the plan in con- for issuing certificates of waiver or author- dress both civil and public UAS, ensure the sultation with the aviation industry, federal ization regarding applications seeking au- program is coordinated with NextGen, and agencies using UASs, and the UAS industry thorization to operate public UAS in the provide for verification of safety of UASs. In as soon as practicable, but no later than Sep- NAS. determining test range locations the Admin- tember 30, 2015. Concurrent with the integra- Senate bill istrator shall consider geographic and cli- tion planning, the Secretary is directed to mate diversity and consult with NASA and No similar provision. publish, and update annually, a five-year the Air Force. roadmap describing the activities of the Conference Substitute Senate bill FAA’s Unmanned Aircraft Program Office, House bill. Section 607(c) is a similar provision, but it and its efforts to safely integrate UASs into SAFETY STUDIES allows the Administrator to include testing the national airspace system. The conference H325/S— at three test sites as part of the integration committee also directs the Secretary to pro- plan by 2012. It directs the FAA to work with House bill mulgate rules to allow for integration of DOD to certify and develop flight standards small UASs into the national airspace sys- Section 325 directs the Administrator to for military UASs and to integrate these system. The conference committee also directs conduct all safety studies necessary to sup- tems into the NAS as part of the UAS inte- the Administrator of the Federal Aviation port integration of UAS into the NAS. gration plan. Administration to establish six test ranges Senate bill Section 320 establishes a test range pro- until September 30, 2020. Test range loca- No similar provision. gram for 10 sites. tions are not designated in the legislation. Conference Substitute Instead, the Administrator is directed to co- Conference Substitute House and Senate bills merged into lan- ordinate with, and leverage resources from, House bill. guage that is included in Section 332 ‘‘Inte- the National Aeronautics and Space Admin- SPECIAL RULE FOR MODEL AIRCRAFT gration of civil unmanned aircraft into the istration and the Department of Defense to H—/S607(g) national airspace system’’. select the test ranges based on the criteria set forth in this section. This language is House bill SUBTITLE C—SAFETY AND PROTECTIONS consistent with legislative direction in the No similar provision. AVIATION WHISTLEBLOWER INVESTIGATION OFFICE National Defense Authorization Act for Fis- Senate bill cal Year 2012 (Public Law 112–81). The intent H334/S518 Section 607(g) exempts most model air- of the committee is for the Administrator to House bill planes used for recreational or academic use establish a total of six test ranges under from any UAS regulations established by the Section 334 establishes an independent both laws, and not six ranges to be estab- FAA. Whistleblower investigation office within lished under each law for a total of twelve. the FAA. The Director of this office is to be Conference Substitute The conference committee directs the Sec- appointed by the Secretary of Transpor- retary to develop a plan for the use of UASs Senate bill with modifications. Language tation for a five year term. The office is in in the arctic, as defined in this subtitle. Fi- including model aircraft for the purposes of charge of investigating reports of agency or nally, the term ‘‘non-exclusionary airspace’’ sports, competitions and academic purposes carrier safety violations, and is to make rec- was removed as the FAA does not recognize is removed and replaced with ‘‘hobby’’. The ommendations to the Administrator. It that term. The conference committee in- modified section includes language requiring specifies that the Director cannot be prohib- tends that when the FAA establishes the pro- that the model aircraft must be operated in ited from initiating an assessment of a com- gram to integrate UASs into the national a manner that does not interfere with and plaint and that any evidence of criminal vio- airspace system at six test ranges, the Ad- gives way, to all manned aircraft. In addi- lations must be reported to the Adminis- ministrator shall safely designate airspace tion, language that requires that model air- trator and Inspector General of the Depart- for integrated manned and unmanned flight craft flown within five miles of an airport ment of Transportation (DOT IG). operations in the national airspace system. will give prior notification to the airport and Senate bill the air traffic control (ATC), and that model SPECIAL RULES FOR CERTAIN UNMANNED Section 518 is a similar provision, but it aircraft that are flown consistently within AIRCRAFT SYSTEMS does not require the Secretary to exercise five miles of the ATC will do so under stand- H323/S— authority under title 5 for the prevention of ing agreements with the airports and ATC. prohibited personnel actions or require di- House bill Lastly, language is added that will ensure rect reporting by the Director to the Sec- Section 323 directs that within 180 days the that nothing in this provision will interfere retary. Secretary of Transportation, prior to com- with the Administrator’s authority to pursue pleting of the Commercial UAS integration enforcement action against persons oper- Conference Substitute plan, will determine if certain UAS may op- ating model aircraft who endanger the safety House bill with modified language to au- erate in the NAS. Assessment of the UASs of the national airspace system. In this sec- thorize the Director of the office created will determine which types of UAS do not tion the term ‘‘nationwide community-based under this section to receive and investigate create hazard to users of NAS or national se- organization’’ is intended to mean a mem- disclosures from employees of the Adminis- curity, and whether a certificate of waiver or bership based association that represents the tration as well as employees of persons hold- authorization of airworthiness is required. If aeromodeling community within the United ing certificates issued under title 14 of the the Secretary determines UAS may operate States; provides its members a comprehen- Code of Federal Regulations (C.F.R.), if those safely in the NAS, the Secretary shall estab- sive set of safety guidelines that underscores certificate holders do not have similar in- lish requirements of the safe operation of safe aeromodeling operations within the Na- house reporting programs, relating to pos- such systems. tional Airspace System and the protection sible violation of an order, a regulation, or any other provision of federal law relating to Senate bill and safety of the general public on the ground; develops and maintains mutually aviation safety. No similar provision. supportive programming with educational POST-EMPLOYMENT RESTRICTIONS FOR FLIGHT Conference Substitute institutions, government entities and other STANDARDS INSPECTORS House bill. aviation associations; and acts as a liaison H331/S513 PUBLIC UNMANNED AIRCRAFT SYSTEMS with government agencies as an advocate for House bill its members. H324/S— Section 331 establishes a two year post- UNMANNED AIRCRAFT SYSTEMS TEST RANGE House bill service period for FAA inspectors or persons H326/S607(c) responsible for oversight of FAA inspectors Section 324 directs that within 270 days the House bill before they can act as an agent or represent- Secretary of Transportation will issue guid- ative of a certificate holder that they pre- ance on the operation of public UASs to ex- Section 326 directs the Administrator no viously had responsibility for while em- pedite the certificate of authorization proc- later than one year after enactment to es- ployed at the FAA. ess, provide a collaborative process for ex- tablish a program to integrate UASs into the Senate bill pansion of access to the NAS, and provide national airspace system at no fewer than guidance on public entities responsible when four test ranges. The program will include Section 513 is a similar provision, but it operating UASs. By December 31, 2015, the safely designating nonexclusionary airspace has a three year post-service restriction. Secretary is required to implement oper- for integrated unmanned flight operations, Conference Substitute ational and certification standards. The Sec- develop certification standards and air traf- House bill.

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REVIEW OF AIR TRANSPORTATION OVERSIGHT Conference Substitute INDEPENDENT REVIEW OF SAFETY ISSUES SYSTEM DATABASE House bill modified by removing language H—/S514 H332/S520 requiring a separate rulemaking and lan- House bill House bill guage referencing requirements in effect on No similar provision. January 1, 2011. Section 332 requires the FAA to create a Senate bill EMERGENCY LOCATOR TRANSMITTERS ON process to review the Air Transportation Section 514 directs the U.S. Government GENERAL AVIATION AIRCRAFT Oversight System (ATOS) database by re- Accountability Office (GAO) to initiate a regional teams to ensure that trends in regu- H—/S553 view and investigation of air safety issues latory compliance are identified, and appro- House bill identified by FAA employees and reported to priate corrective actions are taken according No similar provision. the Administrator. The GAO must report to Administration regulations. Senate bill any findings to the Administrator and rel- Senate bill evant Congressional Committees on an an- Section 553(a), (b) directs the Adminis- nual basis. Section 520 is a similar provision. trator to submit an annual report to Con- Conference Substitute gress regarding the recommendations issued Conference Substitute House bill. House bill. by the NTSB consisting of the following: 1) whether the FAA plans to implement the NATIONAL REVIEW TEAM IMPROVED VOLUNTARY DISCLOSURE REPORTING recommendation of the NTSB: 2) if so, what SYSTEM H—/S515 actions the FAA plans to take to implement House bill H333/S512 the recommendation: and 3) if the FAA No similar provision. House bill chooses to not implement a NTSB rec- Senate bill Section 333 requires FAA to modify the ommendation, its reasoning for not doing so. Voluntary Disclosure Reporting Program This section would require the FAA to sub- Section 517 requires the FAA to create a (VDRP) to require inspectors to verify that mit within 180 days to Congress the above in- national review team to conduct unan- air carriers have implemented comprehen- formation on all current NTSB recommenda- nounced, periodic, random reviews of the Ad- sive solutions to correct underlying causes of tions not implemented so far. ministration’s oversight of air carriers that voluntarily disclosed violations, and con- Section 553(c) requires the FAA to imple- will report to the Administrator and the rel- firm, before approving a final report of a vio- ment NTSB recommendations relating to the evant Congressional Committees. Members lation, that the violation has not been pre- proper installation of emergency locator of the team may not review an air carrier viously discovered by an inspector or self- transmitters (ELTs) on general aviation air- that they previously had responsibility for disclosed by an air carrier. The DOT IG is di- craft. overseeing. The section would also direct the rected to review the FAA’s implementation Conference Substitute DOT IG to provide progress reports on the review team’s effectiveness to Congress. of the VDRP program. Senate bill modified to only keep the ELT Senate bill language. Conference Substitute House bill. Section 512 is a similar provision. LIABILITY PROTECTION FOR PERSONS SAFETY INSPECTIONS OF REGIONAL CARRIERS Conference Substitute IMPLEMENTING SAFETY MANAGEMENT SYSTEMS H—/S559 House bill. H338/S— House bill House bill DUTY PERIODS AND FLIGHT TIME LIMITATIONS No similar provision. APPLICABLE TO FLIGHT CREWMEMBERS Section 338 specifies that a person required by the FAA to implement a Safety Manage- Senate bill H335/S— ment System (SMS) may not be held liable Section 559 instructs the Administrator to House bill for damages in connection with a claim filed make random, on-site safety inspections of Section 335 directs the FAA to initiate a in a State or Federal court relating to the regional air carriers at least once a year. rulemaking within six months of enactment person’s preparation or implementation of Conference Substitute to require commercial pilots who accept ad- the SMS. The section does not relieve a per- Senate bill dropped because it is included ditional flight assignments under part 91 of son from liability for damages resulting in P.L. 111–216, the Airline Safety Federal Title 14 Code of Federal Regulations to count from the person’s own willful or reckless Aviation Administration Extension Act of the flying time under the additional flight acts or omissions when demonstrated 2010. assignments towards the commercial flight through evidence. Notwithstanding any time limitations. It requires the Adminis- other provision of law, a person employed by OVERSIGHT OF PILOT FLIGHT TRAINING SCHOOLS trator to conduct two separate rulemakings previously mentioned individuals and re- H—/S561 for part 121 and part 135 flight time limita- sponsible for performing functions of an ac- House bill tions (the latter rulemaking must be initi- countable executive, shall be deemed to be No similar provision. ated within one year of enactment). acting in the person’s official capacity and Senate bill Senate bill may not be held liable for damages. A person performing the functions of an accountable Section 561 directs the Administrator to No similar provision. executive is not relieved from personal li- submit a plan to Congress detailing the Conference Substitute ability for damages resulting from reckless FAA’s plans to enforce oversight of Pilot House bill. acts or omissions. Training Schools. Conference Substitute CERTAIN EXISTING FLIGHT TIME LIMITATIONS Senate bill Senate bill dropped because it is included AND REST REQUIREMENTS No similar provision. in P.L. 111–216, the Airline Safety Federal H336/S— Conference Substitute Aviation Administration Extension Act of House bill Senate bill. 2010. Section 523 extends the sections 263 and 264 MODIFICATION OF CUSTOMER SERVICE FEDERAL AVIATION ADMINISTRATION PILOT of part 135 of title 14 C.F.R. for part 135 cer- INITIATIVE RECORDS DATABASE tificate holders providing air ambulance H—/S519 H—/S551 services and pilots and flight crewmembers House bill of all cargo aircraft regarding certain flight House bill times and rest periods shall remain in effect No similar provision. No similar provision. as they were in effect in January 1, 2011. It Senate bill Senate bill prohibits the Administrator from issuing, fi- Section 519 directs the FAA to remove Section 551 requires that part 121 air car- nalizing or implementing a rule as proposed from their customer service initiative, mis- riers review a pilot’s entire history before in the FAA docket on ‘‘Interpretations of sion statements, and vision statements, any making hiring decisions. It would mandate Rest Requirements’’ published in the reg- reference to air carriers as ‘‘customers’’. that the FAA develop and maintain a com- ister on December 23, 2010, or any similar This section instructs the agency to guar- prehensive database of pilot records, includ- rule regarding such sections for part 135 cer- antee that these statements should empha- ing both FAA records and air carrier records. tificate holders providing air ambulance size safety as the agency’s highest priority It contains provisions permitting pilots to services and pilots and flight crewmembers when considering the dissatisfaction of any review and correct their records. of all cargo aircraft. regulated entity. Conference Substitute Senate bill Conference Substitute Senate bill dropped because it is included No similar provision. House bill. in P.L. 111–216, the Airline Safety Federal

VerDate Sep 11 2014 12:49 Feb 24, 2017 Jkt 019102 PO 00000 Frm 00061 Fmt 0688 Sfmt 0634 E:\BR12\H01FE2.001 H01FE2 rmajette on DSK2TPTVN1PROD with BOUND RECORD 664 CONGRESSIONAL RECORD—HOUSE, Vol. 158, Pt. 1 February 1, 2012 Aviation Administration Extension Act of Aviation Administration Extension Act of Senate bill 2010. 2010. Section 417 similar provision, but it re- AIR CARRIER SAFETY MANAGEMENT SYSTEMS FLIGHTCREW MEMBER MENTORING, quires that all applications for EAS are to H—/S552 PROFESSIONAL DEVELOPMENT, AND LEADERSHIP include a marketing plan to promote community involvement in their EAS service. House bill H—/S556 Conference Substitute No similar provision. House bill House bill. No similar provision. Senate bill NOTICE TO EAS COMMUNITIES PRIOR TO Senate bill Section 552 directs the FAA to initiate a TERMINATION OF EAS ELIGIBILITY rulemaking requiring all part 121 air carriers Section 556 requires the FAA to establish H402/S— an ARC to develop flight crew mentoring to implement three safety programs as part House bill of their Safety Management Systems (SMS) programs and establish or modify training including: an Aviation Safety Action Pro- existing programs to include leadership and Section 402 requires the Secretary of gram (ASAP), a Flight Operational Quality command training. Transportation to notify a community receiving EAS at least 45 days in advance of Assurance (FOQA) program, and a Line Oper- Conference Substitute ations Safety Audit LOSA program. It would any final decision to end EAS payments to Senate bill dropped because it is included that community due to a determination by require that the FAA implement employee in P.L. 111–216, the Airline Safety Federal protections for the ASAP and FOQA pro- the Secretary that providing such service re- Aviation Administration Extension Act of quires a subsidy in excess of the per pas- grams and mandate that the FAA Adminis- 2010. trator consider the viability of integrating senger subsidy cap. The Secretary shall es- cockpit voice recorder data into safety over- FLIGHTCREW MEMBER SCREENING AND tablish procedures by which each community sight practices and guarantee that the agen- QUALIFICATIONS that is notified of an impending loss of sub- cy enforce safety regulations in a consistent H—/S557 sidy may work directly with an air carrier to ensure that the air carrier is able to submit manner. House bill a proposal to the Secretary that does not re- Conference Substitute No similar provision. quire a subsidy in excess of the per passenger Senate bill dropped because it is included Senate bill subsidy cap. in P.L. 111–216, the Airline Safety Federal Section 557 requires the FAA to issue a Senate bill Aviation Administration Extension Act of rule that ensures flight crew members have No similar provision. 2010. proper qualifications and experience, includ- Conference Substitute IMPROVED FLIGHT OPERATIONAL QUALITY AS- ing a minimum of 800 hours of flight train- House bill. SURANCE, AVIATION SAFETY ACTION, AND LINE ing, before serving as a flight crew member RESTORATION OF ELIGIBILITY OPERATIONAL SAFETY AUDIT PROGRAMS for a part 121 air carrier. H406/S418 H—/S554 Conference Substitute House bill House bill Senate bill dropped because it is included Section 406 authorizes state and local gov- No similar provision. in P.L. 111–216, the Airline Safety Federal Aviation Administration Extension Act of ernments to submit a proposal to restore es- Senate bill 2010. sential air service to a location after that lo- Section 554 would limit the use of FOQA cation’s per passenger subsidy has been de- ESTABLISHMENT OF SAFETY STANDARDS WITH and ASAP and LOSA data in judicial pro- termined to be over the allowable dollar RESPECT TO THE TRAINING, HIRING, AND OP- ceedings. FOQA, ASAP or LOSA data would amount. To qualify for restoration of serv- ERATION OF AIRCRAFT BY PILOTS only be allowed in a judicial proceeding if ice, the Secretary must determine that the the judge finds that a party shows that the H—/S560 rate of subsidy per passenger under the pro- information is relevant, not otherwise House bill posal does not exceed the allowable amount known or available, and demonstrates a par- No similar provision. and the proposal is consistent with the legal ticularized need for the information that and regulatory requirements of the essential Senate bill outweighs the intrusion upon the confiden- air service program. tiality of these programs. If this information Section 560 requires the FAA to issue a Senate bill final rule establishing training safety stand- is used in a judicial proceeding, the court Section 418 is a similar provision. ards for pilots within 180 days after enact- would be required to protect it against fur- Conference Substitute ther dissemination with a protective order ment of this Act. House and Senate bills modified to include and place the information under seal. This Conference Substitute proposals to restore essential air service to section would prevent disclosure of this data Senate bill dropped because it is included locations that have been determined to have through the FOIA but would not prevent the in P.L. 111–216, the Airline Safety Federal fewer than 10 enplanements per day. To qual- NTSB from referring to information pro- Aviation Administration Extension Act of ify for restoration of service, the Secretary vided under the FOQA, ASAP or LOSA pro- 2010. must determine that the rate of subsidy per grams. DEFINITIONS passenger under the proposal does not exceed Conference Substitute H—/S563 the allowable amount, the proposal is likely Senate bill dropped because it is included to result in an average of at least 10 House bill in P.L. 111–216, the Airline Safety Federal enplanements per day, and the proposal is Aviation Administration Extension Act of No similar provision. consistent with the legal and regulatory re- 2010. Senate bill quirements of the essential air service pro- RE-EVALUATION OF FLIGHT CREW TRAINING, Section 563 defines the terms: ‘‘Aviation gram. TESTING, AND CERTIFICATION REQUIREMENTS Safety Action Program,’’ ‘‘Administrator’’, ESSENTIAL AIR SERVICE CONTRACT GUIDELINES H—/S555 ‘‘Air Carrier’’, ‘‘FAA’’, ‘‘Flight Operational H403/S413 Quality Assurance Program’’, ‘‘Line Oper- House bill House bill ation Safety Audit Program’’, and ‘‘Part 121 No similar provision. Section 403 authorizes DOT to provide in- Air Carrier’’. centive payments to communities for achiev- Senate bill Conference Substitute ing performance goals, and to execute long- Section 555 requires the Administrator to House bill. term EAS contracts. Requires DOT to issue develop and implement a plan to reevaluate TITLE IV—AIR SERVICE IMPROVEMENTS revised guidelines incorporating these flight crew training procedures and would changes within 18 months after the date of specify what types of training would be in- SUBTITLE B—ESSENTIAL AIR SERVICE enactment. Requires DOT to report to Con- cluded in the review. It would require the ESSENTIAL AIR SERVICE MARKETING gress on the extent to which the revised Administrator to initiate a new rulemaking H401/S417 guidelines have been implemented, and the to reevaluate minimum requirements to be- House bill impact such implementation has had, every come a commercial pilot, certificated cap- Section 401 specifies that when deciding two years after the guidelines are estab- tain, and when transitioning to a new type of where to award an Essential Air Service lished. aircraft. (EAS) contract, the Secretary of Transpor- Senate bill Conference Substitute tation must consider, whether the air carrier Section 413 is a similar provision, but it Senate bill dropped because it is included has included a plan in its proposal to market does not contain language on issuing guid- in P.L. 111–216, the Airline Safety Federal its services to the community. ance or the report.

VerDate Sep 11 2014 12:49 Feb 24, 2017 Jkt 019102 PO 00000 Frm 00062 Fmt 0688 Sfmt 0634 E:\BR12\H01FE2.001 H01FE2 rmajette on DSK2TPTVN1PROD with BOUND RECORD February 1, 2012 CONGRESSIONAL RECORD—HOUSE, Vol. 158, Pt. 1 665 Conference Substitute to any agreement, without requiring the ne- nonscheduled passenger air transportation House bill modified to extend the deadline gotiation of existing contracts, and without when a flight attendant is required. for issuance of revised guidelines to one year any notice requirement. It removes the 90 Senate bill day period in which the Secretary may con- after date of enactment. No similar provision. tinue to pay the amount previous contracted ESSENTIAL AIR SERVICE REFORM for as EAS carrier who has given notice, but Conference Substitute H404/S415 has been required to continuing operating. House bill. House bill Senate bill MONTHLY AIR CARRIER REPORTS Section 404 authorizes $97.5 million for Es- Section 418(g) is a similar provision. H422/S402 sential Air Service (EAS) in FY 2011, $60 mil- Conference Substitute House bill lion in FY 2012, and $30 million in FY 2013. These amounts are in addition to the $50 mil- House bill. Section 422 requires air carriers that file monthly service reports to also file a month- lion per year the EAS program is authorized REPEAL OF ESSENTIAL AIR SERVICE LOCAL ly report on each flight diverted and each to receive under current law from overflight PARTICIPATION PROGRAM fees collected by the FAA. Beginning in FY flight that departs the gate but is cancelled 2014, section 404 limits the amount EAS H407/S419 before the flight takes off. It requires the would receive from overflight fees to the House bill Secretary of Transportation to compile the amount needed to provide EAS to eligible Section 407 eliminates an EAS pilot pro- information in a single monthly report and communities in Alaska and Hawaii. In addi- gram in which communities assumed a por- publish it on a DOT website. tion, it directs the Secretary of Transpor- tion of the cost of providing EAS to the com- Senate bill tation to take such actions as may be nec- munity. Section 402 requires air carriers to publish essary to administer the EAS program with- Senate bill on their website, and update monthly, a list in the amount of funding made available for Section 419 is a similar provision with of chronically delayed flights operated by the program. minor technical differences. the air carrier. It requires air carriers and Senate bill authorized entities to disclose the on-time CONFERENCE SUBSTITUTE performance for a chronically delayed flight Section 415 authorizes $150 million per year House and Senate bills. for EAS, plus $50 million from overflight when a customer books a flight on the car- fees. It requires any overflight fees in excess SUNSET OF ESSENTIAL AIR SERVICE PROGRAM rier’s website, prior to actual purchase of a of $50 million to be obligated for various EAS H408/S420,421 ticket. programs, including the code sharing pilot House bill Conference Substitute program under section 406 of Vision 100 and Section 408 sunsets the EAS program ev- House bill. the alternate air service pilot program under erywhere except Alaska and Hawaii as of Oc- MUSICAL INSTRUMENTS § 41745. tober 1, 2013. H424/S713 Conference Substitute Senate bill House bill Authorizes $143 million for EAS in FY 2012, Section 420 imposes limits EAS to loca- Section 424 requires air carriers to permit $118 million in FY 2013, $107 million in FY tions that average ten or more enplanements passengers to carry a small musical instru- 2014, and $93 million in FY 2015. In addition, per day, with an exception for Alaska. It au- ment, such as a violin, guitar, onto the air- authorizes all overflight fees collected by the thorizes the Administrator to waive this lim- craft cabin if it if can be stowed safely in a FAA to be made available, until expended, to itation with respect to a location if the Ad- suitable baggage compartment in the air- carry out the essential air service program. ministrator determines that the reason the craft cabin or baggage or cargo storage com- SMALL COMMUNITY AIR SERVICE location averages fewer than ten partment if the instrument can be stowed H405/S416 enplanements per day is not because of in- properly and there is space for such instru- House bill herent issues with the location. ments. Air carriers are to permit passengers Section 421 limits EAS to locations that to bring a large instrument into the pas- Section 405 adds an additional factor that are 90 or more miles away from the nearest senger compartment if the instrument can the Secretary of Transportation must con- medium or large hub airport. It authorizes be stowed properly in a seat and the pas- sider in selecting communities for participa- the Secretary of Transportation to waive senger has purchased a seat for the instru- tion in the Small Community Air Service this limitation as a result of geographic ment. Air carriers must transport as checked Development (SCASD) program. In addition characteristics resulting in undue difficulty baggage musical instruments that may not to the existing criteria for participation in accessing the nearest medium or large hub be carried on provided they meet certain the program, the Secretary is required to airport. weight and size limitations (i.e., if the sum give priority to multiple communities that of length, width, and height does not exceed cooperate to submit a regional or multi- Conference Substitute 150 inches, weigh over 165 pounds, or exceed state application to improve air service. It Senate bill, except the requirement that size and weight restrictions for that aircraft) eliminates the general fund authorization of locations be at least 90-miles away from the and can be properly stowed. It directs, no appropriations for the SCASD program, nearest large or medium hub airport is de- later than two years after the date of enact- funding it instead through overflight fee col- leted; the requirement that locations have at ment, the Secretary of Transportation to lections. least 10 enplanements per day only applies to locations that are within 175 miles of a large issue final regulations to carry out this sec- Senate bill or medium hub airport; and an exception is tion. Section 413 extends the authorization for added for locations in the State of Hawaii Senate bill the SCASD program at its authorized fund- and Alaska. In addition, instead of sunset- Section 713 is a similar provision, but it ing level of $35 million per year through FY ting the program as proposed in the House does not specify that passengers carrying 2011. bill, the conference substitute freezes the musical instruments would be charged fees Conference Substitute program at the communities currently par- for that luggage. There is no deadline for the Requires the Secretary to give priority to ticipating. Specifically, except in Alaska and rulemaking to be completed by, but it in- multiple communities that cooperate to sub- Hawaii, the conference agreement limits eli- cludes a mandate to require carrier partici- mit a regional or multistate application to gibility for EAS to those communities that, pation. at any time from September 30, 2010, to Sep- consolidate air service into one regional air- Conference Substitute port. Authorizes the appropriation of $6 mil- tember 30, 2011, either received subsidized House bill modified to specify that pas- lion for the Small Community Air Service EAS or were notified by the last carrier pro- sengers carrying musical instruments are Development program for each of fiscal viding unsubsidized service to the commu- subject to the same baggage fees assessed to years 2012 through 2015. nity of the carrier’s intent to terminate such service. all other types of carry-on baggage if a seat ADJUSTMENTS TO COMPENSATION FOR is not purchased for that instrument. SIGNIFICANTLY INCREASED COSTS SUBTITLE A—PASSENGER AIR SERVICE EXTENSION OF COMPETITIVE ACCESS REPORTS H406/S418(g) IMPROVEMENTS H—/S705 House bill SMOKING PROHIBITION H421/S— House bill Section 406 permits the Secretary of Trans- No similar provision. portation to increase the rates of compensa- House bill tion payable to air carriers under the EAS Section 421 prohibits smoking on aircraft Senate bill program to compensate carriers for in- in all intrastate, interstate, and foreign air Section 705 makes the requirement for air creased aviation fuel costs, without regard transportation for scheduled passenger or carriers to file competitive access reports

VerDate Sep 11 2014 12:49 Feb 24, 2017 Jkt 019102 PO 00000 Frm 00063 Fmt 0688 Sfmt 0634 E:\BR12\H01FE2.001 H01FE2 rmajette on DSK2TPTVN1PROD with BOUND RECORD 666 CONGRESSIONAL RECORD—HOUSE, Vol. 158, Pt. 1 February 1, 2012 permanent by eliminating the current sunset plaints regarding: 1) flight cancelations; 2) enactment, to facilitate the use of child safe- provision. Current law requires large and overbooking flights; 3) lost or damaged bag- ty seats on aircraft. The regulations must medium hub airports to file semi-annual gage; 4) problems obtaining refunds; 5) incor- require part 121 air carriers to post on their competition disclosure reports with DOT be- rect information regarding fares; 6) frequent websites the maximum dimensions of a child fore receiving an AIP grant if the airport flyer programs; and 7) deceptive or mis- safety seat that can be used on each aircraft was unable to accommodate an airline re- leading advertising. operated by the air carrier to enable pas- quest for facility access. The report must ex- Senate bill sengers to determine which child safety plain reason for the lack of accommodation seats can be used on those aircraft. Section 403 is a similar provision, but with and time frame for accommodation. language requiring a budget needs report. Conference Substitute Conference Substitute Conference Substitute Senate bill with modified language chang- Senate bill modified to the length of the House bill. ing the deadline for the regulations from six bill. months to twelve months. The conference STUDY OF OPERATORS REGULATED UNDER PART AIRFARES FOR MEMBERS OF THE ARMED committee also believes that passengers 135 SERVICES should be made fully aware of the location of H426/S433 H432/S— final assembly of the aircraft on which they House bill House bill fly. Therefore, the committee believes the Secretary should require air carriers to posi- Section 426 expresses the Sense of Congress Section 432 requires the Administrator, tion the ‘‘location of final assembly’’ notifi- that each domestic air carrier should seek to along with interested parties, to conduct a cation immediately below the aircraft model provide active duty members of the Armed study of part 135 operators within 18 months number on the front page of the information Services who are traveling on leave or lib- of enactment, and an update within three placard. erty at their own expense with: reduced air years, and every two years thereafter. fares that are comparable to the lowest air- Senate bill SCHEDULE REDUCTION fare for ticketed flights, and that eliminate No similar provision. H430/S— to the maximum extent possible advanced House bill purchase requirements; no baggage and ex- Conference Substitute Section 430 directs the FAA to convene a cess weight fees, or reduced fees; flexible House bill with modification removing the conference of air carriers to voluntarily re- terms that allow members to purchase, mod- requirement for follow up reports every two duce aircraft operations if the FAA deter- ify, or cancel tickets without time restric- years. mines that operations of those carriers are tions, and to waive fees (including baggage USE OF CELL PHONES ON PASSENGER AIRCRAFT exceeding the hourly maximum departure fees), ancillary costs, or penalties; and H433/S— and arrival rates, and the excess operations proactive measures to ensure that all airline House bill are likely to have a significant adverse effect employees are trained in the policies per- on the NAS. It authorizes FAA to take ac- taining to members of the Armed Forces who Section 433 directs the Administrator to tion as necessary if there is no voluntary are on leave. conduct a study within four months of enact- agreement to reduce schedules. Senate bill ment on the impact of the use of cell phones for voice communications in scheduled Senate bill Section 433 is a similar provision with flights where currently permitted by foreign No similar provision. minor technical differences. governments in foreign air transportation. Conference Substitute Conference Substitute The results of the study must be published House bill. and open to public comment, and a final re- House bill modified by adding new section REVIEW OF AIR CARRIER FLIGHT DELAYS, port must be submitted to Congress within specifying that the Administrator shall give CANCELLATIONS, AND ASSOCIATED CAUSES nine months of enactment. priority to United States-flagged air carriers in permitting additional operations subse- H427/S— Senate bill quent to any voluntary or non-voluntary re- House bill No similar provision. duction in operations. Section 427 requires the Inspector General Conference Substitute FLIGHT OPERATIONS AT RONALD REAGAN of the Department of Transportation (DOT House bill. WASHINGTON NATIONAL AIRPORT IG) to conduct a review regarding air carrier flight delays, cancellations, and associated ESTABLISHMENT OF ADVISORY COMMITTEE FOR H423/S737 causes, to update its 2000 report, within one AVIATION CONSUMER PROTECTION House bill year of enactment. H—/S404 Section 423 directs the Secretary of Trans- Senate bill House bill portation to grant an additional ten beyond- No similar provision. No similar provision. perimeter exemptions (from 24 under current Conference Substitute Senate bill law to 34) at Washington Reagan National House bill. Airport (DCA). It increases the number of op- Section 404 requires the establishment of erations by which exemptions may increase COMPENSATION FOR DELAYED BAGGAGE an advisory committee for the Secretary of operations during any one-hour period be- H429/S— Transportation regarding aviation consumer tween 7:00 AM and 9:59 PM, from three to House bill protection. Membership would consist of one five. The Administrator is required to reduce representative each from an air carrier, air- Section 429 directs the U.S. Government the hourly air carrier slot quota at DCA by port operator, and a state or local govern- Accountability Office to study delays in the ten slots in order to grant the additional ex- ment with expertise with consumer protec- delivery of checked baggage to passengers, emptions provided. These reductions are re- tion matters, and one nonprofit group with assess options and examine: the impact of es- quired to be taken in the 6:00 AM, 10:00 PM expertise in consumer protection matters. It tablishing minimum standards to com- or 11:00 PM hours. Scheduling priority is to directs the advisory committee to report an- pensate a passenger in the case of unreason- be given to new entrant air carriers and lim- nually on its recommendations on February able delays; take into consideration the ad- ited incumbent air carriers over operations 1 of each of the first two calendar years of ditional fees for checked baggage that are conducted by air carrier grant exemptions. enactment. imposed by many air carriers; and how the The highest scheduling priority is given to additional fees should improve a carrier’s Conference Substitute beyond-perimeter operations conducted by baggage performance. The report must be Senate bill modified to make the provision new entrant air carrier and limited incum- submitted within 180 days of the date of en- last the length of the bill and removes travel bent air carriers. actment. per diem for members of the advisory com- Senate bill Senate bill mittee. Section 737 creates additional beyond pe- No similar provision. DISCLOSURE OF SEAT DIMENSIONS TO FACILI- rimeter commercial flights at DCA with 24 Conference Substitute TATE THE USE OF CHILD SAFETY SEATS ON beyond-perimeter round trip flights (10 to AIRCRAFT House bill. limited incumbents or new entrants and 14 H—/S408 to incumbents) would be permitted, and an DOT AIRLINE CONSUMER COMPLAINT additional eight could be added later if the INVESTIGATIONS House bill Secretary of Transportation determines that No similar provision. H431/S403 the first 24 did not negatively impact the air- House bill Senate bill port. It specifies that if an incumbent carrier Section 431 directs the Secretary of Trans- Section 408 directs the Administrator to that uses a slot for service to a large hub air- portation to investigate consumer com- prescribe regulations, within six months of port within the perimeter receives one or

VerDate Sep 11 2014 12:49 Feb 24, 2017 Jkt 019102 PO 00000 Frm 00064 Fmt 0688 Sfmt 0634 E:\BR12\H01FE2.001 H01FE2 rmajette on DSK2TPTVN1PROD with BOUND RECORD February 1, 2012 CONGRESSIONAL RECORD—HOUSE, Vol. 158, Pt. 1 667 more the 24 additional beyond-perimeter when appropriate, to inform the Secretary of DOT and the air carrier as well as a hotline round trip flights authorized by this provi- any change in circumstances concerning the telephone number on carrier signs displayed sion, it must discontinue the use of that slot use of any exemption. Such notices of intent at airport ticket counters, and on any elec- for within-perimeter service and, in place of shall specify the beyond perimeter destina- tronic confirmation of the purchase of a pas- that service, operate beyond-perimeter serv- tion to be served and the slots the carrier senger ticket. It directs the Secretary to es- ice. It prohibits the Secretary from granting shall discontinue using to serve a large hub tablish a website that contains a listing of any more than two slot exemptions to an air airport located within the perimeter. Each the countries that may require a U.S. or for- carrier with respect to the same airport, ex- such non-limited incumbent air carrier oper- eign air carrier to treat an aircraft passenger cept in the case of an airport serving an area ating an exemption may not operate a multi- cabin with insecticides prior to a flight to with a population of more than 1 million. aisle or widebody aircraft in conducting such that country, or to apply an aerosol insecti- Any carrier receiving an exemption for be- operations and shall be prohibited from cide in an aircraft cabin used for such a yond-perimeter service is prohibited from transferring the rights to its beyond-perim- flight when the cabin is occupied with pas- using multi-aisle or wide body aircraft, and eter exemptions. sengers. Air carriers are required to update from selling, trading, leasing, or otherwise The Secretary shall afford a scheduling their emergency contingency plans every transferring the rights to its beyond-perim- priority to operations conducted by new en- three years, and airport operators every five eter exemptions, except through a merger or trant air carriers and limited incumbent air years. acquisition, and must use the slot within 60 carriers over operations conducted by other Senate bill days of receiving the exemption. If an in- air carriers granted additional slot exemp- Section 401 requires air carriers and air- cumbent carrier that uses a slot for service tions; a scheduling priority to slot exemp- port operators to develop contingency plans to a large hub airport within the perimeter tions currently held by new entrant air car- to address situations in which the departure receives one or more of the eight additional riers and limited incumbent air carriers for of a flight is substantially delayed while pas- exemptions authorized by this provision, it service to airports located beyond the perim- sengers are confined to an aircraft. Each must discontinue the use of that slot for eter to the extent necessary to protect via- plan would have to be submitted to the DOT within-perimeter service and, in place of bility of such service; and consider applica- for review and approval by the Secretary of that service, operate beyond-perimeter serv- tions from foreign air carriers that are cer- Transportation, and would be required to ad- ice. It authorizes Metropolitan Washington tificated by the government of Canada if dress minimum standards established by the Aviation Authority (MWAA) to use revenues such consideration is required by the bilat- Department. At a minimum, the plans for air derived at either DCA or Washington Dulles eral aviation agreement between the U.S. carriers must outline how the airline will International Airport (IAD) for operating and Canada. guarantee that the passengers are provided: and capital expenses (including debt service, The exemptions granted by the Secretary a) adequate food, potable water, and rest- depreciation and amortization) at the other may not be for operations between the hours room facilities; b) cabin ventilation and airport. of 10:00 p.m. and 7:00 a.m.; and may not in- comfortable cabin temperatures, and; c) ac- Conference Substitute crease the number of operations at DCA in cess to necessary medical treatment. It specifies that airlines must allow passengers House and Senate bills merged to direct any 1-hour period during the hours between to deplane if three hours have elapsed since the Secretary of Transportation to grant 16 7:00 a.m. and 9:59 p.m. by more than five op- the doors have closed and the aircraft has exemptions for additional beyond perimeter erations. A non-limited incumbent air car- not departed, or the aircraft has been landed commercial flights at Ronald Reagan Wash- rier utilizing an exemption for an arrival for three hours but passengers have been un- ington National Airport (DCA). Of the 16 ex- after 10:01 p.m. must discontinue use of an able to deplane. Exceptions to the deplane emptions created, the Secretary shall make existing slot during the same time period the requirements would exist only when a pilot eight available to limited incumbent air car- arrival exemption is operated. reasonably believes that the aircraft will de- riers and new entrant air carriers. When al- In determining a limited incumbent, the part within 30 minutes, or if the pilot be- locating such exemptions, the Secretary Secretary shall consider any air carrier oper- lieves that deplaning the passengers would ating 40 or fewer slots at DCA. The term shall consider the extent to which the ex- jeopardize passenger security or safety. Air- ‘slot’ shall not include slot exemptions; slots emptions will provide air transportation port operators would also be required to sub- operated by an air carrier under a fee-for- with domestic network benefits in areas be- mit a plan to the DOT for approval that pro- service arrangement for another air carrier, yond the perimeter; increase competition in vides for the deplanement of passengers fol- if the air carrier operating such slots does multiple markets; not reduce travel options lowing extended tarmac delays. The Sec- not sell flights in its own name, and is under for communities served by small hub air- retary would also be required to perform common ownership with an air carrier that ports and medium hub airports within the periodic reviews of the air carrier and air- perimeter; not result in meaningfully in- seeks to qualify as a limited incumbent and port operator plans, and would be authorized creased travel delays; enhance options for that sells flights in its own name; or slots to impose civil penalties on air carriers or nonstop travel to and from the beyond-pe- held under a sale and license-back financing airport operators that fail to meet the re- rimeter airports that will be served as a re- arrangement with another air carrier, where quirements of such plans. It directs the DOT sult of those exemptions; have a positive im- the slots are under the marketing control of to create a consumer complaint hotline tele- pact on the overall level of competition in the other air carrier. The Secretary shall phone number. prohibit the transfer of exemptions except the markets that will be served as a result of Conference Substitute those exemptions; or produce public benefits, through an air carrier merger or acquisition. including the likelihood that the service to The definition of airport purposes at the House and Senate bills merged and modified. The modified section includes House airports located beyond the perimeter will Metropolitan Washington Aviation Author- language requiring emergency contingency result in lower fares, higher capacity, and a ity (MWAA) shall include a business or activ- plans by air carriers and modified to include variety of service options. ity not inconsistent with the needs of avia- The Secretary shall also make available tion that has been approved by the Sec- large, medium, small, and non-hub airports. eight slot exemptions for other incumbent retary. Included in the section is modified language that would give passengers the option to air carriers qualifying for status as a non- PASSENGER AIR SERVICE IMPROVEMENTS limited incumbent carrier at DCA. Each such deplane and return to airport terminal when H425/S401 non-limited incumbent air carrier may oper- there is an excessive tarmac delay, except if there is a safety, security or disruption of ate up to a maximum of two of the newly au- House bill airport operations causes that would result thorized slot exemptions. Each such non-lim- Section 425 requires that within 90 days of from deplanement. The Secretary of Trans- ited incumbent air carrier, prior to exer- enactment, air carriers and each operator of portation is to determine the length of a cising an exemption made available shall a medium- or large-hub airport, file emer- tarmac delay that would be deemed ‘‘exces- discontinue the use of a slot for service be- gency contingency plans with the Secretary sive’’. Lastly, the section includes House lan- tween DCA and a large hub airport within of Transportation for review and approval. guage on consumer complaints and use of the perimeter, and operate, in place of such Air carriers are required to update their pesticides in a passenger aircraft. service, service between DCA and an airport plans every three years and airports must located beyond the perimeter. Each such update every five years. The Secretary is DENIED BOARDING COMPENSATION non-limited incumbent air carrier shall be also directed to establish a toll-free con- H428/S— entitled to return of the slot by the Sec- sumer complaints hotline telephone number House bill retary if use of the exemption made avail- for use of passengers. The Secretary is in- Section 428 requires the Secretary of able is discontinued; shall have sole discre- structed to take action to notify the public Transportation to evaluate, within six tion concerning the use of an exemption in- of the DOT’s consumer complaints hotline months of enactment and every two years cluding the initial or any subsequent beyond telephone number and related website. Air thereafter, the amount provided for denied perimeter destinations to be served; and carriers providing scheduled air service are boarding compensation and issue a regula- shall file a notice of intent with the Sec- required to include on their website con- tion to adjust such compensation as nec- retary and subsequent notices of intent, sumer complaints hotline information for essary.

VerDate Sep 11 2014 12:49 Feb 24, 2017 Jkt 019102 PO 00000 Frm 00065 Fmt 0688 Sfmt 0634 E:\BR12\H01FE2.001 H01FE2 rmajette on DSK2TPTVN1PROD with BOUND RECORD 668 CONGRESSIONAL RECORD—HOUSE, Vol. 158, Pt. 1 February 1, 2012 Senate bill with normal industry practice, whenever and entering into a voluntary agreement. It pro- No similar provision. wherever the Secretary determines that such vides that a voluntary agreement may re- multiple code-sharing arrangements would quire payment of overflight fees. The FAA Conference Substitute improve air transportation services. and NPS are permitted to terminate a vol- Senate bill. The Department of Transpor- Conference Substitute untary agreement if: 1) NPS finds the agree- tation is already conducting a rulemaking ment no longer protects park resources; or 2) on this subject. No provision. FAA determines operations under the agree- DISCLOSURE OF PASSENGER FEES EXTENSION OF FINAL ORDER ESTABLISHING ment adversely affect safety or the national MILEAGE ADJUSTMENT ELIGIBILITY H—/S405 aviation system. It permits modifications to H—/S412 interim operating authority, and allows a House bill House bill grant of interim authority to a new entrant No similar provision. operator, if: 1) the operator provides ade- No similar provision. Senate bill quate information to NPS and FAA; 2) FAA Senate bill determines modification would not adversely Section 405 directs the Secretary of Trans- affect safety or the national aviation sys- portation to complete a rulemaking that re- Section 412 extends a provision that speci- tem; and 3) NPS determines modification quires air carriers to provide the public a list fies that the most commonly used route be- would not adversely affect park resources. of charges, besides airfare (e.g., baggage fees tween an eligible place and the nearest me- Commercial air tour operators must report and meal fees), that the air carrier may be dium hub airport or large hub airport is to be used to measure the highway mileage con- the number of commercial air tours over imposing on passengers. The Secretary parks. would be authorized to require an air carrier sidered in reviewing any action to eliminate Senate bill to make the list of fees public, and the list compensation for EAS to such place, or ter- must be updated every 90 days unless there is minate the location’s compensation eligi- Section 709 allows air tour overflights over no increase in the amount or type of fees bility for such service. It would further ter- a national park when a voluntary agreement being imposed. minate any such final order on September 30, has been reached between the operator and 2011. the appropriate representative of the na- Conference Substitute Conference Substitute tional park. This section provides a waiver House bill. from the general rule prohibiting tour oper- Extends to September 30, 2015, the date on DISCLOSURE OF AIR CARRIERS OPERATING ations over national parks for national parks which the final order issued under section 409 that have 100 or fewer air tour overflights FLIGHTS FOR TICKETS SOLD FOR AIR TRANS- of Vision 100 shall terminate. PORTATION each year. The Secretary of the Interior is CONVERSION OF FORMER EAS AIRPORTS instructed to assess a fee on commercial air H—/S406 H—/S414 tour operators operating over a national House bill House bill park to be used to fund the development of No similar provision. air tour management plans. It prescribes No similar provision. Senate bill penalties for operators that do not pay this Senate bill fee. This section provides the Director of Section 406 requires the Office of Aviation Section 414 requires the Secretary of NPS with flexibility in determining how to Consumer Protection in DOT to establish Transportation to establish a program to manage air tours at Crater Lake National rules to ensure that all consumers are able provide general aviation conversion funding Park. to easily and fairly compare airfares and for airports serving eligible places that the Conference Substitute charges paid when purchasing tickets for air Secretary has determined no longer qualify transportation, including taxes and fees. House bill modified to include language on as eligible places for EAS subsidies. This section requires taxes and fees be dis- flexibility for Crater Lake National Park. closed on the website prior to the purchaser Conference Substitute STATE BLOCK GRANT PROGRAM providing personal information and makes No provision. H502/S209 failure to disclose an ‘‘unfair and deceptive USE OF CERTAIN LANDS AT LAS VEGAS House bill practice.’’ MCCARRAN INTERNATIONAL AIRPORT Section 502 requires the issuance of guid- Conference Substitute H—/S434 ance for carrying out the AIP State Block Grant Program (SBGP) rather than regula- Senate provision dropped because it is in- House bill tions. It adds to required standards a State cluded in P.L. 111–216, the Airline Safety and No similar provision. Federal Aviation Administration Extension must agree to meet in order to be eligible for Act of 2010. Senate bill a grant under the program with: National Section 434 authorizes Clark County, Ne- Environmental Policy Act (NEPA) of 1969 NOTIFICATION REQUIREMENTS WITH RESPECT TO standards, state and local environmental THE SALE OF AIRLINE TICKETS vada, to permit the use of certain lands in the Las Vegas McCarran International Air- policy acts, executive orders, agency regula- H—/S407 port Environs Overlay District for transient tions and guidance, and other federal envi- House bill lodging and associated facilities. This provi- ronmental requirements. Furthermore, it adds a provision that requires any federal No similar provision. sion prohibits the construction of facilities agency, except the FAA, that is responsible Senate bill that would constitute a hazard to air navigation, result in an increase to minimum flight for issuing an approval, license or permit to Section 407 requires the Office of Aviation altitudes, or otherwise pose a significant ad- ensure compliance with a federal environ- Consumer Protection and Enforcement with- verse impact on airport or aircraft oper- mental requirement applicable to a project to be carried out by a State using funds from in the DOT to establish rules to clarify what ations. must be disclosed in an aviation fare quote a block grant must: 1) coordinate and con- in order for consumers to easily and fairly Conference Substitute sult with the State; 2) use the environmental compare airfares and charges among car- House bill. analysis prepared by the State for the riers. It directs the Secretary of Transpor- TITLE V—ENVIRONMENTAL project; and 3) supplement such analysis as tation, in consultation with the FAA, to pre- STREAMLINING AND STEWARDSHIP necessary. scribe such regulations as may be necessary. OVERFLIGHTS OF NATIONAL PARKS Senate bill Conference Substitute H501/S709 Section 209 codifies current practice that House bill. State participants in the State Block Grant House bill Program have responsibility and authority EAS CONNECTIVITY PROGRAM Section 501 exempts operators in parks to comply with applicable environmental re- H—/S411 with 50 or fewer annual air tour flights from quirements for projects at non-commercial House bill the statutory permitting requirement, with service airports within the purview of the a provision for the National Park Service No similar provision. SBGP. The FAA administers the SBGP by (NPS) director to withdraw an exemption on authorizing participating states once a year Senate bill a park-specific basis if necessary to protect to receive a block of funds for any eligible Section 411 directs the Secretary of Trans- park resources or visitor experiences. It al- non-primary airport project. This section portation to establish a program under lows NPS and FAA to enter into a voluntary would make a minor change to 49 U.S.C. sec- which the DOT shall require, in up to ten agreement with a commercial air tour oper- tion 47128(a) by replacing the term ‘‘regula- communities, that air carriers participating ator as an alternative to creation of an air tions’’ with ‘‘guidance’’ because the FAA has in Essential Air Service (EAS), and major air tour management plan. FAA and NPS must issued guidance in the form of the AIP Hand- carriers serving large hub airports, partici- solicit public comments and must consult book, 5100.38, to implement its airport im- pate in code-share arrangements, consistent with occupants of affected tribal lands before provement program. It establishes a pilot

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program for up to three States that are cur- PROHIBITION ON OPERATING CERTAIN AIRCRAFT SENSE OF CONGRESS rently not in the program to participate in WEIGHING 75,000 POUNDS OR LESS NOT COM- H511/S— the program. PLYING WITH STAGE 3 NOISE LEVELS House bill Conference Substitute H508/S710 Section 511 expresses Sense of Congress House bill. House bill that the European Union (EU) should not ex- AIRPORT FUNDING OF SPECIAL STUDIES OR Section 508 requires that all civil subsonic tend its emissions trading proposal to inter- REVIEWS jet aircraft under 75,000 pounds must meet national civil aviation operations without working through International Civil Avia- H503/S210 Stage 3 noise levels within the 48 contiguous states by December 31, 2016, with some ex- tion Organization (ICAO) and other relevant House bill ceptions for the following types of temporary air services agreements, and that the EU Section 503 authorizes the FAA to accept operations: 1) to sell, lease or use the air- should work with ICAO to develop a consen- funds from airport sponsors to conduct: 1) craft outside the 48 contiguous States; 2) to sual approach to addressing aircraft green- special environmental studies for ongoing scrap the aircraft; 3) to obtain modifications house gas emissions. It expresses the Sense federally-funded airport projects; 2) special to the aircraft to meet Stage 3 noise levels; of Congress that the U.S. Government should studies to support approved airport noise 4) to perform scheduled heavy maintenance use all political, diplomatic, and legal tools compatibility measures or environmental or significant modifications at an overseas at their disposal to ensure that the EU’s mitigation commitments in an agency maintenance facility; 5) to deliver the air- emission trading scheme is not applied to record of decision or a finding of no signifi- craft to an operator leasing the aircraft from aircraft registered by the U.S. or the opera- cant impact; and 3) a review and completion the owner or return the aircraft to the les- tors of those aircraft, including the man- of environmental activities associated with sor; 6) to prepare, park, or store aircraft in dates that U.S. carriers provide emissions new or amended flight procedures, including anticipation of above activities; 7) to provide data to and purchase emissions allowances performance-based navigation procedures transport of persons or goods in an emer- from or surrender emissions allowances to and area navigation procedures. gency situation; and 8) to divert the aircraft the EU Member states. Senate bill to an alternative airport on account of Senate bill Section 210 is a similar provision. weather, or safety reasons. It authorizes the No similar provision. Secretary of Transportation to prescribe reg- Conference Substitute Conference Substitute ulations as necessary. House bill. House bill. Senate bill AVIATION NOISE COMPLAINTS GRANT ELIGIBILITY FOR ASSESSMENT OF FLIGHT Section 710 is a similar provision with H512/S— PROCEDURES minor technical differences, including a dif- House bill H506/S211 ferent deadline set at December 31, 2014. Air- Section 512 requires owners or operators of House bill ports are allowed to opt-out of this prohibi- a large hub airport to publish a telephone Section 506 authorizes grants to airport option, at which time the Secretary of Trans- number to receive noise complaints on the erators to assist in completing environ- portation will post notices on its website or airport’s website within 90 days of enact- mental review and assessment activities for another place easily accessible to the public. ment. Any owner or operator who receives 25 proposes to implement flight procedures that Conference Substitute or more complaints per year will be required have been approved for airport noise compat- House bill modified, moving the deadline to submit an annual report to the FAA re- ibility planning purposes. It permits the Ad- to December 31, 2015. garding the number of complaints and a ministrator to accept funds from an airport summary of the nature of the complaints, AIRCRAFT DEPARTURE QUEUE MANAGEMENT sponsor, including funds provided in noise which the Administrator must make avail- PILOT PROGRAM compatibility planning grants, to hire addi- able to the public electronically. tional staff or consultants to facilitate time- H509/S— Senate bill ly review and competition of environmental House bill No similar provision. activities associated with the proposed Section 509 directs the Secretary of Trans- changes in flight procedures. Funds received Conference Substitute portation to carry out a pilot program at up under this section shall be credited as offset- House bill modified to remove the annual to five public-use airports to design, develop, ting collections to the account that finance reporting requirement. and test new air traffic flow management the activities and services for which the NEXTGEN ENVIRONMENTAL EFFICIENCY technology to better manage the flow of air- funds are accepted; shall be available for ex- PROJECTS STREAMLINING craft on the ground and reduce ground holds penditure only to pay the costs of activities and idling times for aircraft. In selecting H503/S— and services for which the funds are accept- participating airports, the Secretary must House bill ed; and shall remain available until ex- give priority consideration to airports at pended. Section 503 incorporates NextGen environ- which improvements in ground control effi- mental efficiency projects into projects that Senate bill ciencies are likely to achieve the greatest are subject to streamlined environmental re- Section 211 is a similar provision, but it fuel savings or air quality or other environ- view and given high priority in environ- specifies that funds received under this au- mental benefits, as measured by the amount mental review. These include: 1) an airport thority are exempt from the procedures ap- of reduced fuel, reduced emissions, or other capacity enhancement project at a congested plicable to gifts received by the Adminis- environmental benefits. No more than $2.5 airport; and 2) a NextGen environmental effi- trator. million may be expended at any single pub- ciency project at the 35 largest airports (i.e., Conference Substitute lic-use airport. OEP airports) or any congested airports. It House bill. Senate bill also clarifies the jurisdictional agencies and the lead agency responsibility for these No similar provision. DETERMINATION OF FAIR MARKET VALUE OF projects. Defines ‘‘NextGen environmental RESIDENTIAL PROPERTIES Conference Substitute efficiency project’’ as a NextGen project that H507/S— House bill. develops and certifies performance-based navigation procedures; or develops other en- House bill HIGH-PERFORMANCE, SUSTAINABLE, AND COST- vironmental mitigation projects the Sec- Section 507 requires the Secretary of EFFECTIVE ATC FACILITIES retary of Transportation may designate as Transportation to ensure that an appraisal H510/S— facilitating a reduction in noise, fuel con- for fair market value of any property to be House bill sumption, or emissions from air traffic oper- acquired disregards any decrease or increase ations. in the value caused by the project for which Section 510 requires the implementation of the property is being acquired or by the like- sustainable practices for the incorporation of Senate bill lihood that the property would be acquired. energy-efficient design, equipment, systems No similar provision. It directs that physical deterioration within and other measures in the construction and Conference Substitute major renovation of air traffic control facili- reasonable control of the owner should be Senate bill. considered. ties to the maximum extent practicable. NOISE COMPATIBILITY PROGRAMS Senate bill Senate bill H505/S— No similar provision. No similar provision. House bill Conference Substitute Conference Substitute Section 505 requires operators applying for House bill. House bill. noise compatibility programs to state the

VerDate Sep 11 2014 12:49 Feb 24, 2017 Jkt 019102 PO 00000 Frm 00067 Fmt 0688 Sfmt 0634 E:\BR12\H01FE2.001 H01FE2 rmajette on DSK2TPTVN1PROD with BOUND RECORD 670 CONGRESSIONAL RECORD—HOUSE, Vol. 158, Pt. 1 February 1, 2012 measures they have taken or propose to take courage airport operators to assess their en- Senate bill to reduce existing noncompatible uses and ergy requirements and identify ways to re- Section 307 is the same provision. prevent introducing additional noncompat- duce emissions and increase energy effi- Conference Substitute ible uses in the area. It adds as one of the ciency. The Secretary of Transportation may House bill. measures, conducting comprehensive land make grants to eligible airports to acquire use planning jointly with neighboring local or construct equipment and infrastructure to COLLEGIATE TRAINING INITIATIVE STUDY jurisdictions for community redevelopment reduce emissions and improve energy effi- H608/S— in an area in which land or other property ciency. House bill. interests have been acquired by the operator, Conference Substitute Section 608 requires the U.S. Government to encourage and enhance redevelopment op- Senate bill modified by removing ref- Accountability Office to conduct a study on portunities that reflect zoning and uses that erences to ‘‘reducing harmful emissions’’ and training options for graduates of the Colle- will prevent the introduction of additional makes minor technical corrections. giate Training Initiative, and submit the incompatible uses and enhance redevelop- study to Congress within six months of en- ment potential. TITLE VI—EMPLOYEES AND ORGANIZATION actment. Senate bill FAA PERSONNEL MANAGEMENT SYSTEM Senate bill No similar provision. H601/S313 No similar provision. Conference Substitute House bill Conference Substitute Senate bill. House bill. ENVIRONMENTAL MITIGATION DEMONSTRATION Section 601 reforms the process by which FRONT LINE MANAGER STAFFING PILOT PROGRAM the FAA resolves labor disputes with employee unions arising in the collective bar- H610/S716 H—/S213 gaining process. It requires the FAA and em- House bill House bill ployee representatives to use the services of Section 610 requires the Administrator to No similar provision. the Federal Mediation and Conciliation commission an independent study on front- Senate bill Service (FMCS). If they are unable to come line manager staffing requirements in air Section 213 authorizes the Secretary of to an agreement on labor issues, or, by mu- traffic control facilities, and submit the Transportation to carry out up to six envi- tual agreement, they may adopt alternate final report to Congress within nine months ronmental mitigation projects at public-use procedures to resolve disputes. If the medi- of enactment. Some considerations to take airports and make grants under special ap- ation is unsuccessful, the parties must sub- into account are: managerial tasks; number portionment funding for these demonstra- mit their issues to the Federal Service Im- of supervisory positions; coverage require- tions. To be eligible for the pilot program, an passes Panel (FSIP) that will assist the par- ments in relation to traffic demands; facility airport would be required to be open to the ties in resolving the dispute by asserting ju- type; complexity of traffic and managerial public, with priority consideration given to risdiction and ordering binding arbitration responsibilities; and proficiency and training projects that would achieve the greatest re- by a private arbitration board of three mem- requirements. ductions in aircraft noise, airport emissions, bers. The board will result from Executive Senate bill or airport water quality impacts. The federal Director of the FSIP will request a list of 15 government would be limited to providing 50 names from the Director of the FMCS, the Section 716 requires the Administrator percent of the cost for the projects and lim- parties will select one arbitrator each from within 45 days after enactment to study air ited to a total amount per project of $2.5 mil- the list, and the two arbitrators selected traffic control front line manager staffing lion. with then choose the third. The arbitration requirements and submit any determinations made as a result of the study to the Congress Conference Substitute board must render a decision within 90 days within six months after enactment. House bill. after the date of its appointment, and take into account the following factors: 1) the ef- Conference Substitute PILOT PROGRAM FOR ZERO EMISSION AIRPORT fect of its decision on the FAA’s ability to House bill. VEHICLES attract and retain a qualified workforce; 2) FAA TECHNICAL TRAINING AND STAFFING H—/S609 the effect of its decision on the FAA budget; H603/S708(a),(b) House bill 3) the effect of its decision on other FAA em- No similar provision. ployees; and 4) any other factors that would House bill Senate bill assist the board in reaching a fair resolution. Section 603 requires the Administrator to conduct a study on the adequacy of FAA’s Section 609 requires the Secretary of Upon reaching a voluntary agreement or at technical training strategy and improve- Transportation to establish a pilot program the conclusion of the binding arbitration, ment plan for FAA transportation systems to foster the acquisition and use of zero the final agreement will be subject to ratifi- specialists. The plan must include: rec- emission vehicles on airports. Priority is cation by the exclusive bargaining represent- ommendations to improve technical training given to those airports in non-attainment ative of the employees, if so requested by the strategy and improvement planning; a de- areas and where the greatest air quality ben- bargaining representative. The final agree- scription of actions having been undertaken; efits will be achieved. In 18 months, the Sec- ment must also be approved by the head of and recommendations regarding cost-effec- retary of Transportation shall report to Con- the agency. tive approaches to training. The FAA is to gress on the effectiveness of the pilot pro- Senate bill report to Congress within one year of enact- gram. Section 313 is a similar provision, but it ment. It directs the Administrator to con- specifies that jurisdiction over enforcement Conference Substitute tract with the National Academy of Sciences claims is limited to the U.S. District Court Senate bill modified to: change ‘‘shall’’ to within 90 days of enactment to conduct a for the District of Columbia. ‘‘may’’ when directing the Secretary of study on the assumptions and methods FAA Transportation to establish a pilot program; Conference Substitute uses to estimate staffing needs for FAA allowing public-use airports to be eligible in House bill modified by deleting language transportation systems specialists and to en- the pilot program; permitting the Secretary directing the board to take into consider- sure propermaintenance and certification in of Transportation to consider applications ation ‘‘the effect of its arbitration decisions the most cost-effective manner. The Acad- from public-use airports not in the pre- on other Federal Aviation Administration emy must submit its report to Congress one scribed areas if there is a shortage of appli- employees’’ in making decisions. year after contracted. cants; and allowing participants to use uni- PRESIDENTIAL RANK AWARD PROGRAM Senate bill versity transportation centers. New language is added that: establishes performance H602/S307 Section 708(a) and (b) similar provisions measures; creates assessments of the data House bill but it requires the U.S. Government Ac- collected used in the program; and makes a In 1996, the FAA reformed its personnel countability Office (GAO) to study FAA Air- technical change. system under special authority provided by way Transportation Systems Specialists training and report to Congress within a INCREASING THE ENERGY EFFICIENCY OF Congress (now codified under 49 U.S.C. sec- year of enactment. It includes air traffic AIRPORT POWER SOURCES tion 40122), which exempted the FAA from controllers and engineers as part of the H—/S610 many requirements of the federal government’s personnel system, including the Pres- study; and, the Academy must report to Con- House bill idential Rank Award Program. Section 602 gress on its study 24 months after the date of No similar provision. would change the exemption and, through an execution of the contract for the study. Senate bill amendment to 49 U.S.C. section 40122, allow Conference Substitute Section 610 requires the Secretary of the FAA’s executives and senior profes- House bill modified removing language re- Transportation to establish a program to en- sionals to participate in the program. quiring the study to be done in the most cost

VerDate Sep 11 2014 12:49 Feb 24, 2017 Jkt 019102 PO 00000 Frm 00068 Fmt 0688 Sfmt 0634 E:\BR12\H01FE2.001 H01FE2 rmajette on DSK2TPTVN1PROD with BOUND RECORD February 1, 2012 CONGRESSIONAL RECORD—HOUSE, Vol. 158, Pt. 1 671 effective manner. The modified provision di- Senate bill Control Facilities (TRACONs), as well as re- rects the National Academy of Sciences, No similar provision. ports from employees relating to health con- when conducting the study on the assump- Conference Substitute ditions resulting from exposure to mold, as- tions and methods used by FAA to estimate bestos, poor air quality, radiation and facil- staffing needs for FAA systems specialists, House modified to change the due date of ity-related hazards in FAA facilities; condi- to consult with the exclusive bargaining rep- the required report from 18 months after en- tions of facilities that could interfere with resentative of systems specialists. Addition- actment to two years after enactment. employee’s ability to perform their duties; ally, language was added requiring the Na- FAA AIR TRAFFIC CONTROLLER STAFFING the ability of managers and supervisors to tional Academy of Sciences to ‘‘include rec- H605/S708 promptly document and seek remediation for ommendations for objective staffing stand- House bill unsafe facility conditions; whether employ- ards that maintain the safety of the national ees of the Administration who report facil- Section 605 directs the FAA to enter into airspace.’’ ity-related illness are treated appropriately; an arrangement, within 90 days, with the Na- and utilization of scientific remediation SAFETY CRITICAL STAFFING tional Academy of Sciences to conduct a techniques to mitigate hazardous conditions. H604/S708(c),(d) study of the air traffic controller standard Its findings must be submitted to the FAA House bill used by the FAA to estimate staffing needs and Congress. Based on the results of the for FAA air traffic controllers to ensure the Section 604 requires the Administrator to GAO study, the GAO is directed to make rec- safe operation of the NAS in the most cost- implement, to the extent practicable and in ommendations on which facilities are in effective manner. The study must include ex- the most cost-effective manner, the staffing need of immediate attention, and assist the amination of representative information on model for aviation safety inspectors by Octo- Administration in making programmatic productivity, human factors, traffic activity, ber 1, 2011, following the recommendations changes so that aging facilities do not dete- and improved technology on ATC, as well as outlined in the ‘‘Staffing Standards for Avia- riorate to unsafe levels. The GAO is required an examination of recent Academy reviews tion Inspectors’’ report issued by the Na- to submit its report to Congress within one of models from MITRE, and consideration of tional Academy of Sciences in 2007. The FAA year of enactment. is required to consult with interested par- Administration’s current and estimated ties, including aviation safety inspectors, budgets. The Academy is required to consult Senate bill and submit the staffing model to Congress on employee groups and industry representative Section 323 directs the FAA to create a an annual basis. in conducting the study. The Academy must task force on air traffic control (ATC) facil- Senate bill transmit the study to Congress within two ity conditions. This task force must be com- years of enactment. posed of 11 members (7 appointed by the Ad- Section 708(c) and (d) directs the FAA to ministrator and four appointed by employ- increase inspector staffing to levels in its Senate bill ees’ unions). Four members are required to staffing model. The Administrator is re- Section 708 is a similar provision, but it in- have expertise in hazardous building condi- quired to develop a staffing model for avia- cludes Airway Transportation Systems Spe- tions and two members must have expertise tion safety inspectors, but differs from the cialists and engineers as part of the study. in rehabilitation of aging buildings. This House in that it allows 12 months from the Conference Substitute task force will have the power to obtain offi- date of enactment, development of a staffing House bill modified to require the National cial data. The task force’s duties would in- model, but does not require the Adminis- Academy of Sciences to consult with the exclude studying: 1) the conditions of all ATC trator to follow the Academy’s recommenda- clusive bargaining representative of air traf- facilities; 2) reports from employees; 3) tions, and requires inspector staffing levels fic controllers in conducting the study. whether employees who reported illness were to be at least at the levels indicated in the treated fairly; 4) utilization of remediation staffing model. It specifies that no later than ASSESSMENT OF FAA AIR TRAFFIC CONTROLLER techniques; and 5) resources allocated to fa- 180 days after enactment, the Administrator TRAINING PROGRAMS cility maintenance and renovation. Also, the shall submit a report to Congress on the fu- H607/S516 task force would be required to make rec- ture of flight service stations in Alaska. The House bill ommendations necessary to ensure that: 1) report will include: 1) an analysis of the Section 607 requires the Administrator to facilities needing the most immediate atten- number of flight service specials needed; 2) conduct a study to assess the adequacy of tion are prioritized; 2) the Administration is training needed and need for formal training training programs for air traffic controllers, using scientifically approved remediation and hiring program; 3) a schedule for nec- including the FAA’s technical training strat- techniques; and 3) ATC facilities do not dete- essary inspections, 4) upgrades and mod- egy and improvement plan, and submit the riorate to unsafe levels. The task force also ernization of stations and equipment; and 5) study to Congress within six months of en- must submit a report to Congress and the a description of interaction between flight actment. The study will include a review of Administrator regarding its recommenda- service stations operated by FAA and those current training systems, an analysis of tions and activities within 60 days. The Ad- operated by contractors. competencies required of air traffic control ministrator would be required to submit a Conference Substitute for successful performance, an analysis of plan and timeline to implement the task House bill modified to require the FAA to competence projected to be required in force’s recommendations within 30 days after consult with the exclusive bargaining rep- NextGen, an analysis of various training ap- receiving the task force’s report. proaches, recommendations to improve cur- resentative for aviation safety inspectors Conference Substitute when implementing the staffing model. Addi- rent training system, and the most cost ef- House bill. tionally, the date of the report was changed fective approach. from October 1 of each year to January 1 of Senate bill TECHNICAL CORRECTION each year. Section 516 requires FAA to conduct a H—/S707 AIR TRAFFIC CONTROL SPECIALIST comprehensive review of its Academy and fa- House bill QUALIFICATION TRAINING AND SCHEDULING cility training efforts, and establish stand- No similar provision. H606/S— ards to identify the number of develop- Senate bill mental controllers that can be accommo- House bill Section 707 provides technical corrections dated by each facility. Section 606 authorizes the Administrator to guarantee that the Merit Systems Protec- to appoint qualified air traffic control (ATC) Conference Substitute tion Board has jurisdiction to investigate specialist candidates for placement directly House and Senate bills modified and claims made against FAA, and has the en- in ATC facilities. ATC specialists will re- merged. This section includes Senate and forcement ability at the agency that it does ceive the same benefits and compensation as House language, with language added requir- for all other federal employees. any other developmental controller. Within ing the Inspector General of the Department Conference Substitute 18 months after enactment, the FAA will of Transportation to conduct an assessment Senate bill. submit to Congress a report that evaluates of FAA’s air traffic controller scheduling the effectiveness of the ATC specialist quali- practices. BACK PAY fication training. If the Administrator deter- FAA FACILITY CONDITIONS H—/S707(4)(J) mines that ATC specialists are more quali- H609/S323 House bill fied in carrying out duties than ATC special- No similar provision. ists hired from general public, the Adminis- House bill trator shall increase the number of appoint- Section 609 requires the U.S. Government Senate bill ments of candidates with such certification. Accountability Office to conduct a study of Section 707(4) (J) restores application of It includes reimbursement for travel ex- the conditions of a sampling of FAA facili- the Back Pay Act to FAA employees pro- penses associated with certifications from ties across the U.S., including towers, cen- spectively (i.e., does not have retroactive ap- education entity that provided the training. ters, offices and Terminal Radar Approach plication to previously decided MSPB cases).

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Conference Substitute surers to supplement payment of claims CONSOLIDATION AND REALIGNMENT OF FAA House bill. from the aviation insurance revolving fund. SERVICES AND FACILITIES FAMILY MEDICAL LEAVE ACT Senate bill H804/S308 H—/S707(4)(K) No similar provision. House bill Section 804 directs the Administrator to House bill Conference Substitute develop proposed criteria for use in making No similar provision. House bill. recommendations for the realignment and Senate bill USE OF INDEPENDENT CLAIMS ADJUSTERS consolidation of FAA services and facilities, Section 707(4)(K) restores protections of H704/S— and publish the proposed criteria within 30 Title II of the Family and Medical Leave Act House bill days of enactment. The proposed criteria (FMLA) for FAA employees. In contrast with would be open to public comment for 30 days, Section 704 authorizes the FAA to use com- and the FAA must publish final criteria Title I, there is no individual right of action mercial insurance carriers to underwrite in- and employee makes determination as to within 90 days of enactment. It requires the surance and adjust claims, and to use claims Administrator to make recommendations for start of FMLA leave. adjusters independent of an insurance under- Conference Substitute the realignment and consolidation of FAA writing agent. This permits expedited claims services based on the final criteria and a jus- House bill. in the U.S. and foreign jurisdictions. tification for each recommendation. This in- TITLE VII—AVIATION INSURANCE Senate bill formation will be published and transmitted GENERAL AUTHORITY No similar provision. to Congress within 120 days of enactment. H701/S701(c) Conference Substitute The Administrator is directed to submit the recommendations to a new Aviation Facili- House bill House bill. ties and Services Board (not subject to the Section 701 requires the Secretary of TITLE VIII—MISCELLANEOUS Federal Advisory Committee Act), con- Transportation to extend the current avia- DISCLOSURE OF DATA TO FEDERAL AGENCIES IN sisting of: the Secretary of Transportation tion war risk insurance policies until Sep- INTEREST OF NATIONAL SECURITY (DOT) or designee; two private sector mem- tember 30, 2013, and authorizes the Secretary H801/S— bers appointed by the DOT Secretary; and a to extend them until December 31, 2013. After U.S. Government Accountability Organiza- December 31, 2021, coverage for the risks pro- House bill tion (GAO) representative (to be a non-vot- vided by the extended policies shall be pro- Section 801 clarifies that the FAA has lim- ing member). Members would serve for three vided in an airline industry sponsored risk- ited authority to release data and reports year terms. The Board will hold public hear- sharing arrangement approved by the Sec- that are pulled from the FAA’s record sys- ings and develop a final report (with GAO retary. Premiums collected by the Secretary tems, which are subject to the Privacy Act, input if requested by the Board) containing from the airline industry after September 22, to other federal agencies in the interest of the Board’s findings and conclusions based 2001, through December 31, 2021, for any pol- national security. on public comments. The Board must publish icy under this subsection, plus interest and Senate bill the report and transmit a copy to Congress. less paid or pending claims, must be trans- No similar provision. The Administrator is prohibited from car- ferred to risk-sharing arrangement approved rying out a Board recommendation if Con- by the Secretary. Conference Substitute gress passes a joint resolution of disapproval Senate bill House bill. within 30 days of issuance of the Board’s re- Section 701(c) is a similar provision, but it FAA AUTHORITY TO CONDUCT CRIMINAL HISTORY port. It authorizes the Administrator to does not authorize a follow-on industry RECORD CHECKS make additional recommendations every two shared-risk program. H802/S505 years. It specifies that Members of the Board will not receive compensation except for Conference Substitute House bill work injuries or travel expenses. The Admin- House bill modified to remove language Section 702 provides legal authority for the istrator shall make available to the Board creating a successor program. FAA to continue to access the National such staff, information and administrative Crime Information Center and related State EXTENSION OF AUTHORITY TO LIMIT THIRD services as may be required enabling the criminal history databases for certification PARTY LIABILITY Board to carry out its responsibilities. In purposes only to conduct a criminal history H702/S701(a) order for the Board to carry out its duties, background check of an airman in the crimi- the Administrator is authorized to appro- House bill nal repositories of the Federal Bureau of In- priate for each of FYs 2011 through 2014, Section 702 extends for air carriers the cur- vestigation and States by submitting finger- $200,000 to carry out this section. rent limitation of liability to third parties print based repository in compliance with Senate bill for losses arising out of acts of terrorism to the National Crime Prevention and Privacy December 31, 2013. Current law (section Compact Act, and to receive relevant crimi- Section 308 creates a specific process for 44303(b)) allows the Secretary of Transpor- nal history record regarding airman check. the FAA to complete a comprehensive study tation to limit an airline’s third-party liabil- In accessing repository information, the and analysis of the how the agency might re- ity to $100 million and also prohibits puni- FAA shall be subject to procedures estab- align its services and facilities to help re- tive damages against either an airline or the lished by the Departments of Justice or duce capital, operating, maintenance, and Government for any cause resulting from a State as appropriate. The Administrator administrative costs on an agency-wide basis terrorist event. A principal objective of the may not use authority to conduct criminal with no adverse effect on safety. The FAA limitation was to encourage commercial in- investigations. The Administrator shall re- would be required to develop criteria for re- surance companies to provide a reasonably ceive reimbursement to process the finger- alignment within nine months of passage priced amount of third party war risk insur- print based checks in providing these serv- and make any recommendations for action ance by defining the maximum third party ices. The Administrator shall designate em- within nine months of the publication of the liability exposure of the airline for a single ployees of the FAA to carry out these ac- criteria. The Air Traffic Control Moderniza- event. The provision was later expanded by tions. tion Oversight Board would then be required to study the FAA’s recommendations, pro- Congress at the request of aircraft manufac- Senate bill vide opportunity for public comment, and re- turers and aircraft engine manufacturers to Section 505 is a similar provision. permit DOT to similarly limit third-party li- port the Board’s recommendations to Con- ability for these parties. Conference Substitute gress. The Administrator would be prohib- House bill. ited from consolidating additional approach Senate bill control facilities into the Southern Cali- CIVIL PENALTIES TECHNICAL AMENDMENTS Section 701(a) is the same provision. fornia TRACON, the Northern California Conference Substitute H803/S— TRACON, the Miami TRACON, or the Mem- House bill. House bill phis TRACON until the Board’s recommendations are completed. CLARIFICATION OF REINSURANCE AUTHORITY Section 803 applies civil penalties to violations of chapter 451 on Alcohol and Con- Conference Substitute H703/S— trolled Substance Testing. House and Senate bills merged and modi- House bill Senate bill fied. The language now requires the Adminis- Section 703 amends the reinsurance section trator to develop, in conjunction with the No similar provision. in title 49 U.S.C. to clarify that the DOT Chief NextGen Officer and Chief Operating may, as a risk mitigation technique, pur- Conference Substitute Officer of the Air Transportation Organiza- chase reinsurance from commercial rein- House bill. tion, a National Facilities Realignment and

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Special Flight Rules Area, and submit the tions representing operations and mainte- Senate bill plan to Congress within six months of enact- nance employees of the air traffic control Section 727 is an identical provision. ment. The plan must outline specific changes system; and 2) industry stakeholders. The Conference Substitute to the D.C. Metropolitan Area Special Flight purpose of this report is to support the tran- Rules Area that will decrease operational Senate bill. sition to NextGen and to reduce capitol, op- impacts and improve general aviation access erating, maintenance, and administrative WIND TURBINE LIGHTING to airports in the Washington, D.C. region costs of the FAA without adversely affective H809/S611 that are currently impacted by the zone. safety. The report shall include rec- House bill Senate bill ommendations with justification and project Section 809 directs the Administrator to costs and savings. It instructs the Adminis- conduct a study, make recommendations, No similar provision. trator to submit a report to Congress within and report to Congress on wind turbine light- Conference Substitute 60 days after the last day of the public coming systems within one year of the date of House bill. ment period on the Administrator’s rec- enactment. The study and recommendations ommendations on realignment and consoli- must include the effect of wind turbine light- FAA REVIEW AND REFORM dation of services and facilities of the FAA ing on residential areas, the safety associ- H812/S— and it directs the Administrator to follow ated with alternative lighting strategies, the House bill this report during the realignment process. potential energy savings, and the feasibility It maintains the House language on Congres- of implementing alternative lighting strate- Section 812 requires the Administrator to sional Disapproval which prohibits the Ad- gies. undertake a thorough review of each pro- ministrator for carrying out recommenda- Senate bill gram, office, and organization within the FAA, including the Air Traffic Organization, tion in the report should a joint resolution of Section 611 requires the Administrator to to identify: 1) duplicative positions, pro- disapproval be enacted within 30 days of sub- survey and assess the leases for critical FAA grams, roles or offices; 2) wasteful practices; mission of the report to Congress. facility sites and determine how close these 3) redundant, obsolete, or unnecessary func- LIMITING ACCESS TO FLIGHT DECKS OF ALL- facilities are to wind farms or areas suitable tions; 4) inefficient processes; and 5) ineffec- CARGO AIRCRAFT for the construction of wind farms. Fol- tual or outdated policies. Directs the Admin- H805/S— lowing the assessment, the FAA would be re- istrator to undertake such actions as may be House bill quired to report to Congress and the U.S. Government Accountability Office (GAO) on necessary to address the findings of the re- Section 805 requires the FAA, within 180 its findings and recommendations. It would view, streamline and reform FAA functions, days of enactment, to assess the feasibility require the GAO to assess the potential im- and submit a report to Congress within 150 of developing a physical means, or a compact wind farms have on the FAA’s naviga- days of enactment. bination of physical and procedural means, tional aids and would require an assessment Senate bill to prohibit individuals, other than author- on methods and restrictions to mitigate the ized flight crewmembers, from accessing the No similar provision. effects of wind farms on navigational aids. flight decks of all-cargo aircraft. It requires Upon receiving the GAO report, the FAA Conference Substitute a report within one year of enactment. would be directed to issue guidelines for the House bill. Senate bill construction of wind farms near critical FAA USE OF MINERAL REVENUE AT CERTAIN No similar provision. facilities. AIRPORTS Conference Substitute Conference Substitute H815/S224 House bill. House bill. CONSOLIDATION OR ELIMINATION OF OBSOLETE, AIR-RAIL CODE SHARING STUDY House bill REDUNDANT, OR OTHERWISE UNNECESSARY H810/S725 Section 815 specifies that the FAA may de- REPORTS; USE OF ELECTRONIC MEDIA House bill clare certain revenue derived from, or gen- H806/S721 Section 810 directs the U.S. Government erated by mineral extraction at a general House bill Accountability Office (GAO) to conduct a aviation airport to be revenue greater than the long term projects, operation, mainte- Section 806 requires the Administrator to study regarding existing airline and inter- nance, planning and capacity needs of the issue a report containing a list of obsolete, city passenger rail code-sharing arrange- airport. If the Administrator issues a dec- redundant, or otherwise unnecessary reports ments, and the feasibility of increasing laration, the airport sponsor may allocate to that the FAA is required by law to submit to intermodal connectivity of airline and inter- itself or governing body within limits of the the Congress or publish. It requires an esti- city passenger rail facilities and systems to airport’s locality the revenue identified in mate of the cost savings that would result improve passenger travel, and submit the declaration for use in carrying out a Federal, from the elimination or consolidation of study to Congress within six months of en- State or local transportation infrastructure those reports. actment. The GAO is directed to consider: 1) project. In generating revenue from mineral Senate bill the potential costs to taxpayers and other parties, and the benefits of the implementa- rights the airport sponsor shall not charge Section 721 is an identical provision. tion of more integrated scheduling between less than fair market value. The airport Conference Substitute airlines and Amtrak or other intercity pas- sponsor and Administrator shall agree on a House and Senate bills. senger rail carriers; 2) airport and intercity 20 year capital improvement program that includes projected costs, charges and fees. PROHIBITION ON USE OF CERTAIN FUNDS passenger rail operations that can improve Furthermore, the airport sponsor shall agree H807/S— connectivity between airports and intercity passenger rail facilities; 3) the experience of in writing to waive all rights to receive enti- House bill other countries with airport and intercity tlement funds or discretionary funds, and op- Section 807 prohibits the Secretary of passenger rail connectivity; and 4) other erate as a public-use airport until the Ad- Transportation from using funds available in issues the GAO deems appropriate. ministrator grants a request to allow airport this act to name, rename, designate or redes- Senate bill to close. The airport sponsor shall create a ignate any authorized project or program provisional fund for current and future envi- Section 725 is a similar provision, but the after an individual who is currently serving ronmental impacts, assessments and mitiga- GAO considerations are not as extensive. It in Congress. tion plans. The Administrator shall conduct requires the report to be completed within review and issue a determination within 90 Senate bill one year. No similar provision. days following receipt of an airport sponsor’s Conference Substitute application and requisite documentation. Conference Substitute House bill. Senate bill House bill. D.C. METROPOLITAN AREA SPECIAL FLIGHT STUDY ON AVIATION FUEL PRICES RULES AREA Section 224 is a similar provision, but it H808/S727 H811/S— contains a five year capital improvement program. House bill House bill Section 808 requires the U.S. Government Section 811 requires the Administrator to Conference Substitute Accountability Office (GAO) to conduct a work with the Secretaries of Defense and Senate bill.

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CONTRACTING RELEASE FROM RESTRICTIONS adopt a permanent regulation. That perma- H818/S— H824/S219 nent regulation must be based on substantial House bill House bill credible evidence that the cells or batteries of the type at issue could be expected to sub- Section 818 permits the Administrator to Section 824 authorizes the Secretary of stantially contribute or propagate an on- conduct a review, and submit to relevant Transportation to grant an airport, city or board fire even if they were shipped in ac- Committees, a report describing how FAA county a release from any of the terms, con- cordance with applicable ICAO Technical weighs economic vitality of a region when ditions, reservations or restrictions con- Regulations; be narrowly tailored to avoid considering contract proposals for training tained in a deed in which the U.S. conveyed disruption of the shipping of other cells, bat- facilities. to the airport, city or county property for teries or products; and employ the least ex- Senate bill airport purposes pursuant to section 16 of pensive approach while addressing the iden- No similar provision. Federal Airport Act or section 23 of the Air- tified safety concern. Conference Substitute port and Airway Development Act. Any release granted by the Secretary shall be sub- LIABILITY PROTECTION FOR VOLUNTEER PILOT House bill modified by removing language ject to the following conditions: 1) the appli- NONPROFIT ORGANIZATIONS THAT FLY FOR on ‘‘economic vitality’’ and inserting lan- cable airport, city or country shall agree in PUBLIC BENEFIT AND TO PILOTS AND STAFF OF guage that requires: 1) the proposal is draft- conveying interest in the proper which U.S. SUCH NONPROFIT ORGANIZATION ed so that all parties can fairly compete; and conveyed to the airport and 2) the city or H816/S1211–1213 2) the proposal takes into consideration the county will receive an amount for such in- House bill most cost-effective location, accessibility, terest equal to fair market value. Lastly, and services options. Section 816 amends the Volunteer Protec- any amount received must be used exclu- tion Act of 1997 (VPA) to include volunteer FLOOD PLANNING sively for development, improvement, oper- pilots and volunteer pilot organizations H819/S— ation. or maintenance of public airport. within the scope of its protections. Under House bill Senate bill present law, nonprofit volunteer pilot orga- Section 819 permits the Administrator, in Section 219 is a similar provision, but it nizations and their pilots that provide life- consultation with the Federal Emergency specifies airports in St. George, Utah, and saving medical flights without compensation Management Administration, to conduct a Dona Ana County, New Mexico, for release in are vulnerable to costly and often frivolous review and submit to relevant committees a order to facilitate the development of a re- litigation that undermines the ability of report on the state of preparedness and replacement airport. these organizations to provide critical volun- sponse capability for airports located in Conference Substitute teer flight services in a timely manner. In flood plans to respond to and seek assistance addition, institutions that refer patients to House bill modified. in rebuilding after catastrophic flooding. volunteer pilot organizations are presently AIR TRANSPORTATION OF LITHIUM CELLS AND Senate bill subject to legal jeopardy. Section 816 pro- BATTERIES tects and promotes the important work of No similar provision. H814/S— volunteer pilot organizations by creating Conference Substitute House bill limited protection against liability to volun- House bill modified to include a direction Section 814 requires the Administrator to teer pilot organizations and pilots so that to the Federal Emergency Management they are able to procure necessary insurance Agency (FEMA) to consider as an eligible ac- not issue or enforce any regulation regarding the transportation by aircraft of lithium and continue their important operations. tivity for purposes of the National Flood In- Senate bill surance Act of 1968, ‘‘the demolition and re- metal cells or batteries or lithium ion cells building of properties to at least base flood or batteries, if the requirement is more Sections 1221—1213 of the Senate bill con- levels or higher’’. stringent than the requirements of Inter- tain a similar, but more limited, volunteer national Civil Aviation Organization. pilot provision. The Senate provision only HISTORICAL AIRCRAFT DOCUMENTS Senate bill includes volunteer pilots within the scope of H823/S— No similar provision. its protections. Although the Senate provi- House bill sion does not provide protections to volun- Conference Substitute Section 823 directs the Administrator to teer pilot organizations, it does protect and take actions, as seen necessary, to preserve House bill modified to require that, in al- promote the important work of volunteer pi- original aircraft type certificate engineering most all circumstances, regulations gov- lots. and technical data in possession of the FAA. erning the air transportation of lithium Conference Substitute metal or lithium ion cells or batteries be No later than one year after date of enact- No provision. ment, the Administrator shall revise an ex- consistent with the provisions of the Inter- AIRCRAFT SITUATIONAL DISPLAY TO INDUSTRY ecutive order to prohibit destruction of his- national Civil Aviation Organization Tech- torical aircraft documents. The Adminis- nical Instructions for the Safe Transpor- H817/S— trator shall consult with Archivist of the tation of Dangerous Goods by Air (commonly House bill U.S. and Administrator of General Services known as the ICAO Technical Instructions), Section 817 specifies that Congress finds on the best methods to preserve these docu- as in effect at the time the regulations were that the federal government’s dissemination ments. The Administrator shall make these adopted. The only exceptions to this direc- to the public of information relating to non- documents available under Freedom of Infor- tive would be (a) to allow the retention of an commercial flight does not serve a public mation Act. This provision does not affect existing U.S. prohibition on transportation policy objective. Upon request of private the rights of the holder or owner of a type of lithium metal batteries and cells on pas- owner or operator the Federal Government certificate identified above, or require hold- senger aircraft, even if it is not embodied in should not disseminate to the public infor- ers or owners to provide, surrender or pre- the ICAO Technical Instructions, and (b) to mation relating to non-commercial flights serve any original or duplicate engineering allow adoption and enforcement of a tar- carried out by that owner or operator as the data to FAA. Notwithstanding any other geted rule more stringent than the ICAO information should be private and confiden- provision of the law, the holder of a type cer- Technical Instructions in the event that an tial. The FAA shall block the display of the tificate identified in this section shall not be authoritative national or international gov- owner or operator’s aircraft registration responsible for any continued airworthiness ernmental body provides a formal report number in aircraft situation display data or FAA regulatory requirements. finding that the presence of lithium metal or upon the private owner or operator request, lithium ion batteries on an aircraft in com- Senate bill except when the FAA provides such data to pliance with the ICAO Technical Instruc- a government agency. No similar provision. tions was a substantial contributing factor Conference Substitute to the initiation or promulgation of an on- Senate bill House bill modified by changing the date board fire. No similar provision. from one year to three years for the revision Where the conditions set forth in this sec- Conference Substitute of order. The language specifying that hold- tion are met, the Secretary may issue a tar- Senate bill. ers of type certificates shall not be respon- geted emergency regulation that addresses SENSE OF CONGRESS sible for any continued airworthiness is de- solely the deficiencies identified in the re- leted. New language is added narrowing the port that triggered the regulation. That reg- H825/S— definition of applicability to this section to ulation may remain in effect for up to one House bill those ‘‘having a standard airworthiness cer- year and is not subject to renewal. Either al- Section 825 states that it is the Sense of tificate issued prior to the date the docu- ternatively or consecutively, the Secretary Congress that Los Angeles World Airports ments are released to a person by the FAA may undertake a rulemaking in accordance should consult on regular basis with rep- under subsection (b) (1) . with the Administrative Procedure Act to resentatives of the community surrounding

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the airport regarding ongoing operations, PILOT PROGRAM FOR A REDEVELOPMENT OF back to the Treasury if they are nine years plans to expand, modify or realign the Los AIRPORT PROPERTIES or older. Angeles International Airport (LAX) facil- H—/S712 Conference Substitute ity, and include consultations with any orga- House bill Senate bill modified. nization which has at least 20 or more indi- No similar provision. viduals. PRIVACY PROTECTIONS FOR AIRCRAFT PAS- Senate bill SENGER SCREENING WITH ADVANCED IMAGING Senate bill Section 702 directs the FAA to create a TECHNOLOGY No similar provision. pilot program fostering the collaboration be- H—/S739 Conference Substitute tween airports who have submitted a noise House bill House bill modified to include consultation compatibility program and the surrounding No similar provision. with any organization which has at least 100 neighboring local jurisdictions to encourage Senate bill or more individuals. airport-compatible land uses and generate Section 739 directs the Transportation Se- HUMAN INTERVENTION MOTIVATION STUDY economic benefits to the local airport authority and adjacent community. The FAA curity Administration (TSA) Administrator H—/S702 would also have the authority to issue grants to ensure that advanced imaging technology House bill for this program. used for the screening of passengers is No similar provision. Conference Substitute equipped with automatic target recognition software (which would produce a generic Senate bill Senate bill. image of the individual being screened) be- Section 702 within six months of enact- REPORT ON NEW YORK CITY AND NEWARK AIR ginning on January 1, 2012. ment the FAA shall develop a Human Inter- TRAFFIC CONTROL FACILITIES Conference Substitute vention Motivation Study program for cabin H—/S723 crews employed by commercial air carriers Senate bill modified to include language House bill in the United States. allowing the TSA Administrator to extend No similar provision. Conference Substitute the deadline that requires the TSA Adminis- Senate bill trator to ensure that Advanced Imaging Senate bill. Section 723 requires the Administrator Technology machines meet requirements as STUDY OF AERONAUTICAL MOBILE TELEMETRY within 90 days to report to Congress on specified in this section, if the resulting H—/S719 FAA’s plan to staff Newark Liberty Airport’s technology would perform inadequately or House bill air traffic control tower at negotiated staff- additional testing is necessary. In addition, No similar provision. ing levels within one year. the beginning date for implementation of Conference Substitute automatic target recognition software is Senate bill changed from January 1, 2012 to June 1, 2012. Section 719 requires the Administrator to Senate bill modified to direct FAA to sub- TERMINATION OF CERTAIN RESTRICTIONS FOR report to Congress in 180 days on the aero- mit a report to Congress on the FAA’s staff- BURKE LAKEFRONT AIRPORT nautical telemetry needs of civil aviation ing and scheduling plans for air traffic con- over the next decade and the potential im- trol facilities in the New York and Newark H820/S— pact of the introduction of a new radio serv- Region for the one year period after the date House bill ice operating at the same spectrum as aero- of enactment. Section 820 states that any restriction in nautical mobile telemetry service. CYLINDERS OF COMPRESSED OXYGEN OR OTHER FAA Flight Data Center Notice to Airmen, Conference Substitute OXIDIZING GASES the Administrator may not prohibit or im- Senate bill. H813/S730 pose airspace restrictions with respect to an House bill air show or other aerial event located at the CLARIFICATION OF REQUIREMENTS FOR VOLUN- Burke Lakefront Airport in Cleveland, Ohio, TEER PILOTS OPERATING CHARITABLE MED- Section 813 directs that the transportation within the State of Alaska of cylinders of due to a stadium event or event at other ICAL FLIGHTS venues occurring at the same time. The Ad- H—/S729 compressed oxygen or other oxidizing gases aboard aircraft is exempt from compliance ministrator may prohibit aircraft from fly- House bill from regulations that require such gases to ing directly over applicable stadiums or No similar provision. be enclosed in outer packaging capable of venues. Senate bill passing the flame penetration and resistance Senate bill Section 729 clarifies that an aircraft owner test and the thermal resistance test, without No similar provision. or aircraft operator can accept reimburse- regard to the end use of the cylinders. The Conference Substitute ment for all or part of the fuel costs associ- exemption is to be applied in circumstances Senate bill. in which transportation of the cylinders by ated with operating a volunteer flight for SANTA MONICA AIRPORT, CA. medical purposes. ground or vessel is unavailable and transportation by aircraft is the only practical H821/S— Conference Substitute means for transporting the cylinders to their House bill Senate bill modified by including original destination. Section 821 specifies that Congress finds language, ‘‘not withstanding any other law Senate bill that the Administrator should enter into or regulation’’ for the administering of sec- Section 730 is a similar provision, but pro- good faith discussions with city of Santa tion 61.113(c) of 14 C.F.R. Furthermore, lan- Monica, California, to achieve a runway safe- guage is added to allow pilot to accept reim- vides an exemption only for certain cylinders. ty area solution consistent with FAA design bursement from volunteer pilot organization guidelines. for fuel costs association with flight oper- Conference Substitute Senate bill ation for medical purpose, and add ‘‘organ’’ House bill modified to include new lan- as a transported item in subsection (a). Lan- guage that: 1) specifies that each cylinder is No similar provision. guage is added that in order for an owner or fully covered with fire or flame resistant Conference Substitute operator to be eligible for the referenced re- blanket; 2) requires that the operator com- Senate bill. plies with the applicable notification proce- imbursement, the aircraft owner or operator INSPECTOR GENERAL REPORT ON PARTICIPATION dures under 49 C.F.R. 175.33.; and 3) specifies must have volunteered and notified any indi- IN FAA PROGRAMS BY DISADVANTAGED SMALL that the exemption applies to cargo-only air- vidual on the flight that the flight operation BUSINESS CONCERNS is for charitable purposes and is not subject craft if the destination has cargo-only serv- to the same requirements as commercial ice at least once a week and passenger and H822/S— flight. Lastly, language was added that al- cargo-only aircraft if the destination does House bill lows the Administrator to impose minimum not receive cargo-only service at least once a Section 822 directs the DOT IG to submit a standards with respect to training and flight week. report to Congress on the number of new hours for single-engine, multi-engine and ORPHAN EARMARKS ACT small business concerns owned and con- turbine engine operations that is being reim- H—/S738 trolled by socially and economically disbursed for fuel costs in the above mentioned advantaged individuals, such as veterans, House bill event, including the authority to mandate that participate in airport programs. The re- that pilot in command of aircraft hold an in- No similar provision. port shall list the top 25 and bottom 25 large strument rating and be current and qualified Senate bill and medium hub airports in terms of pro- for the aircraft being flown to ensure safety Section 738 requires all federal agencies to viding opportunities for such small busi- of flight operations. rescind amounts designated as earmarks nesses and provide results of the assessments

VerDate Sep 11 2014 12:49 Feb 24, 2017 Jkt 019102 PO 00000 Frm 00073 Fmt 0688 Sfmt 0634 E:\BR12\H01FE2.001 H01FE2 rmajette on DSK2TPTVN1PROD with BOUND RECORD 676 CONGRESSIONAL RECORD—HOUSE, Vol. 158, Pt. 1 February 1, 2012 and recommendations to the FAA and Con- Senate bill Senate bill gress on methods for other airports to Section 728 adds language to Title VII to Section 735 requires the Transportation Se- achieve results similar to those of the top allow certain lands in Clark County, Nevada, curity Administration (TSA) Administrator airports. to be used for the development of a flood to consider approving applications to par- Senate bill mitigation infrastructure project once the ticipate in the Screening Partnership Pro- No similar provision. Administrator has: (1) approved an airport gram (SPP), which uses private screeners in- layout plan for an airport in Ivanpah Valley, Conference Substitute stead of TSA employees, for all airports with Nevada; and (2) issued a record of decision pending applications. This section requires House bill. after the preparation of an environmental the TSA Administrator to reconsider re- ISSUING REGULATIONS impact statement or similar analysis docu- jected applications for the SPP for a limited H826/S— ment on the construction and operation for number of airports. If the TSA Adminis- House bill the airport in Ivanpah Valley, Nevada. trator decides again to deny an application, Section 826 requires that when proposing Conference Substitute they must report to Congress on the reason or issuing regulation the Administrator shall House bill. for the denial. analyze the different industry segments and TECHNICAL CORRECTION Conference Substitute tailor any regulation to characteristics of H—/S731 Senate bill modified to require the TSA each separate segment, taking into account House bill Administrator to approve or deny, within 120 that U.S. aviation industry is composed of No similar provision. days, an application received by an airport different segments. The Administrator shall Senate bill to participate in the SPP. The Adminis- analyze for each industry segment: alter- Section 731 amends the Consolidated Ap- trator is required to approve the application native forms of regulation, assess the costs unless a determination is made that such ap- and benefits, ensure proposed regulation is propriations Act of 2010, to require inspections of rail containers containing firearms proval would compromise security or have a based on best reasonably obtainable sci- detrimental effect on the on the cost-effi- entific, technical and other information, and or ammunition and permits the temporary suspension of firearm carriage if credible in- ciency or effectiveness of security screening assess any adverse effects on efficient func- at that airport. The Administrator must pro- tion of the economy, private markets to- telligence information indicates that a threat related to the national rail system, vide a more in-depth explanation in a report gether with quantification of such costs. specific routes, or trains is identified. to Congress if an SPP application is denied. Senate bill Conference Substitute This explanation must include: (1) the find- No similar provision. ings that served as a basis for the denial; (2) House bill. Conference Substitute results of any cost or security analysis con- SCIENTIFIC INSTRUMENTS ON COMMERCIAL Senate bill. ducted in the reconsideration; and (3) rec- FLIGHTS ommendations on how the airport operator WEIGHT RESTRICTIONS AT TETERBORO AIRPORT H—/S732 can address the reasons for the denial. This H—/S711 House bill report has to be issued with 60 days of the de- House bill No similar provision. nial. Airport Operators who apply for the No similar provision. Senate bill SPP must also provide TSA a recommenda- Senate bill Section 732 requires the Secretary of tion as to which company would best serve Section 711 prohibits the Administrator Transportation and the Secretary of Com- the airport along with an explanation for from taking action designed to challenge or merce to develop a plan to allow federal that choice. The modified provision also re- influence the weight restrictions at agencies to fly weather forecasting instru- quires the reconsideration of SPP applica- Teterboro Airport, except in an emergency. ments on commercial flights within 270 days tions pending between January 1, 2011, and February 3, 2011, and outlines specific Conference Substitute of enactment. Conference Substitute timelines to be followed in issuing decisions House bill. regarding SPP reapplications. The provision House bill. FLIGHT CREW MEMBER PAIRING AND CREW includes modifications to existing require- RESOURCE MANAGEMENT TECHNIQUES CONTROLLING HELICOPTER NOISE IN ments which provide the Administrator with H—/S720 RESIDENTIAL AREAS more flexibility in determining what compa- House bill H—/S740 nies can bid for SPP contracts. House bill The conference committee believes that in No similar provision. No similar provision. determining the cost efficiency and effec- Senate bill Senate bill tiveness of an applicant’s screening services, Section 720 requires the Administrator to the TSA Administrator shall compare the Section 740 directs the FAA to prescribe conduct a study and issue a report on avia- annual costs to the Federal government and tion industry best practices with regard to standards to measure helicopter noise and regulations to control helicopter noise in related effectiveness measures associated flight crew member pairing, crew resource with screening services at commercial air- management techniques, and pilot com- residential areas. This section would mandate that within one year, the FAA finalize ports using private-sector screeners with muting. regulations with respect to helicopters oper- comparable costs associated with screening Conference Substitute ating over Long Island. services by Federal screeners, applying the relevant cost and performance metrics House bill because the Senate provision is Conference Substitute included in P.L. 111–216, the Airline Safety equally to the private and Federal screening House bill. and Federal Aviation Administration Exten- programs. CRIMINAL PENALTY FOR UNAUTHORIZED RE- sion Act of 2010. CONVEYANCE OF LAND TO CITY OF MESQUITE, CORDING OR DISTRIBUTION OF SECURITY ONGOING MONITORING OF AIRSPACE REDESIGN NEVADA SCREENING IMAGES H—/S726 H—/S734 H—/S736 House bill House bill House bill No similar provision. No similar provision. No similar provision. Senate bill Senate bill Senate bill Section 726 directs the Administrator to Section 734 establishes criminal penalties Section 736 directs the Secretary of the In- work with the New York and New Jersey for unauthorized recording or distribution of terior to convey to the City of Mesquite, NV, Port Authority to monitor the noise impacts security screening images. Includes images without consideration, all right, title and in- of the redesign and submit reports to Con- from backscatter x-rays or millimeter waves terests of the U.S. in a land parcel at Mes- gress on those impacts within 270 days, and and devices. It provides an exception for cer- quite Airport. every 180 days thereafter until the New tain law enforcement or intelligence pur- Conference Substitute York, New Jersey and Philadelphia airspace poses. House bill. redesign is completed. Conference Substitute Conference Substitute House bill. TITLE IX—NATIONAL MEDIATION BOARD House bill. APPROVAL OF APPLICATIONS FOR THE SECURITY AUTHORITY OF THE DOT INSPECTOR GENERAL LAND CONVEYANCE FOR SOUTHERN NEVADA SCREENING OPT-OUT PROGRAM H901/S— H—/S728 H—/S735 House bill House bill House bill Section 901 gives the DOT IG specific au- No similar provision. No similar provision. thority to conduct audits and evaluate the

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In carrying out this au- amend title I of the Railway Labor Act by grant program to promote aviation research thority, the Inspector General of the Depart- inserting after section 10 that the Mediation at undergraduate and technical colleges in- ment of Transportation (DOT IG) is to keep Board has authority from time to time to cluding schools serving Historically Black the Chairman of the Mediation Board and make, amend, and rescind, in the manner Colleges and Universities, Hispanic, Native Congress fully and currently informed, issue prescribed by section 553 of title 5, United Alaskan & Hawaiian populations. findings and recommendations and report pe- States Code and after opportunity for a pub- Conference Substitute riodically to Congress. The Secretary of lic hearing, such rules and regulations as House bill. Transportation may only appropriate for use may be necessary to carry out the provisions UNMANNED AIRCRAFT SYSTEMS by the DOT IG no more than $125,000 for each of this Act. H1004/S607(a) of FYs 2011 through 2014. Runoff Elections House bill Senate bill The conference committee agreed to No similar provision. amend Paragraph Nine of section 2 of the Section 1004 requires the Administrator in conjunction with other appropriate federal Conference Action Railway Labor Act to require that in any runoff election for which there are 3 or more agencies to develop technologies and meth- No provision. options (including the option of not being ods to assess the risk and prevent defects, EVALUATION AND AUDIT OF THE NATIONAL represented by any labor organization) on failures, and malfunctions of products, parts MEDIATION BOARD the ballot and no such option receives a ma- and processes for use in all classes of Un- H902/S— jority of the valid votes cast, the Mediation manned Aircraft Systems (UAS) that could result in catastrophic failure of UAS or en- House bill Board shall arrange for a second election between the options receiving the largest and danger other aircraft in the NAS. The Ad- Section 902 directs the GAO to conduct au- the second largest number of votes. ministrator is required to supervise research dits and evaluate the NMB’s programs, oper- which will develop better understanding of Showing of Interest ations and activities, including: 1) informa- the relationship between human factors and tion management and security; 2) resource The conference committee agreed to UAS safety and develop simulation models management; 3) workforce development; 4) amend section 2 of the Railway Labor Act by for integration of all UASs into the NAS procurement and contracting policies; and 5) raising the showing of interest threshold for without degrading safety for current users. elections to not less than fifty percent of the NMB processes for conducting investigations Senate bill of representation applications, determining employees in the craft or class. Section 607(a) permits the FAA to conduct and certifying representation of employees, TITLE X—SCIENCE COMMITTEE, RE- developmental research on UASs. It author- and ensuring that the process occurs without SEARCH, ENGINEERING AND DEVELOP- izes the FAA, in conjunction with other fed- interference. MENT (R,E&D) eral agencies as appropriate, to develop tech- Senate bill SHORT TITLE nologies and methods to assess the risk of No similar provision. H1001/S— and prevent defects, failures, and malfunc- Conference Action House bill tions of products, parts, and processes, for use in all classes of unmanned aircraft sys- House provision modified. The conference Section 1001 titles the section the ‘‘Federal tems that could result in a catastrophic fail- committee agreed to the following modifica- Aviation Research and Development Reau- ure. tions. The conference committee agreed to thorization Act of 2011’’. amend the Railway Labor Act by requiring Senate bill Conference Substitute an evaluation and audit of the Mediation No similar provision. House bill. Board by the Comptroller General. The Conference Substitute RESEARCH PROGRAM ON RUNWAYS Comptroller General of the U.S. shall evalu- Senate bill. H1005/S605 ate and audit the programs and expenditures AUTHORIZATION OF APPROPRIATIONS House bill of the Mediation Board at least every two years, however it may be conducted as deter- ($ IN MILLIONS) Section 1005 directs that when researching mined necessary by the Comptroller or ap- H1003(a)/S103 how to develop and maintain a safe and effi- propriate congressional committees. In con- House bill cient NAS, the Administrator will include improved runway surfaces and engineered ducting the evaluation and audit of the Me- Section 1003(a) authorizes the Federal diation Board, the Conference Committee material restraining systems for runways at Aviation Administration’s Research, Engi- general aviation and commercial airports. sets forth the minimum programs, oper- neering and Development (R,E&D) account ations and activities of the Board that shall at $165.2 million in FY 2011, and $146.83 mil- Senate bill be included. No later than 180 days after the lion in FY 2012, FY 2013, and FY 2014. Section 605 allows the FAA to continue a date of enactment, the Comptroller General Senate bill program that authorizes awards to nonprofit shall review the Mediation Board’s processes research foundations to improve the con- Section 103 authorizes the Federal Avia- to certify and decertify representation of struction and durability of pavement for tion Administration’s Research, Engineering employees by a labor organization and make runways. and Development account at $200 million in recommendations to the Board and appro- FY 2010 and $206 million in FY 2011. Conference Substitute priate congressional committees regarding Conference Substitute House and Senate bills merged. The provi- actions that may be taken by the Board to sion contains modified Senate language in ensure the processes are fair and reasonable House and Senate bills merged to provide subsection (a) that will allow the Adminis- for all parties. $168 million for Federal Aviation Adminis- trator to maintain a program that will make tration’s Research, Engineering and Develop- REPEAL OF RULE awards to carry out a research program ment account in FYs 2012 through FY 2015. H903/S— under which the Administrator may make DEFINITIONS grants to and enter into cooperative agree- House bill H1002/S— ments with institutions of higher education Section 903 repeals the rule prescribed by House bill and nonprofit pavement research organiza- the NMB on May 11, 2010, effective January 1, tion. The conference agreement includes 2011. In May 2010, the NMB changed standing Section 1001 defines the terms Adminis- trator’’, ‘‘FAA’’, ‘‘Institution of Higher Edu- House language to cover research that re- rules for union elections at airlines and rail- lates to engineered material restraining sys- roads, which counted abstentions as votes cation’’, ‘‘NASA’’, National Research Coun- cil’’, ‘‘NOAA’’, and ‘‘Secretary’’. tems for runways at both general aviation ‘‘against’’ unionizing, to the current rule and commercial airports. The conference Senate bill which counts only no votes as ‘‘against’’ agreement also includes Senate language on unionizing, abstentions do not count either No similar provision. use of grants or cooperative agreements. way. Conference Substitute RESEARCH ON DESIGN FOR CERTIFICATION Senate bill House bill. H1006/S— No similar provision. PROGRAMS AUTHORIZED House bill Conference Action H1003(b), (c)/S103 Section 1006 requires the Administrator to This provision was not agreed to by the House bill conduct research on methods and procedures Conference, and is not included in the final Section 1003(b), (c) authorizes Research and to improve confidence in and the timeliness bill. The conference committee agreed to the Development activities listed in the Na- of certification of new technologies for intro- following provisions. tional Aviation Research Plan. duction into the NAS within one year. It

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The Administrator will enter into H1013/S— an arrangement with the National Research INTERAGENCY RESEARCH ON AVIATION AND THE Council to conduct an independent review of ENVIRONMENT House bill the plan not later than 18 months after the H1010/S— Section 1013 directs the Administrator to review FAA energy-related and environment- date of enactment, with results of the review House bill provided to Congress. related research programs. It initiates a re- Section 1010 directs that the Adminis- port to be submitted on the agency’s review Senate bill trator, in coordination with National Air to Congress no later than 18 months after en- No similar provision. and Space Administration (NASA), may actment. maintain a research program to assess the Conference Substitute Senate bill potential effect of aviation on the environ- House bill. ment. The research plan will be developed by No similar provision. AIRPORT COOPERATIVE RESEARCH PROGRAM the Administrator with NASA and other rel- Conference Substitute H1007/S601 evant agencies, and will contain an inven- House bill modified to direct the FAA to House bill tory of current interagency research, future ‘‘enter into an arrangement for an inde- research objectives, proposed tasks, mile- Section 1007 makes the Airport Coopera- pendent external review’’ to conduct the re- stones and a five year budgetary profile. The tive Research Program permanent and review, rather than the Administrator. plan shall be completed within one year, and quires a report on the program no later than REVIEW OF FAA’S AVIATION SAFETY-RELATED shall be updated as appropriate every three September 30, 2012. RESEARCH PROGRAMS years after initial submission. Senate bill H1014/S— Senate bill Section 601 is a similar provision, but it House bill No similar provision. specifies that a maximum of $15 million of Section 1014 directs the Administrator to aviation research grant funds may go to the Conference Substitute review FAA’s aviation safety-related re- Airport Cooperative Research Program. It House bill. search programs. It initiates a report to be directs that at least $5 million of the Airport AVIATION FUEL RESEARCH AND DEVELOPMENT submitted on the agency’s review to Con- Cooperative Research Program funds must PROGRAM gress no later than 14 months after enactment. go to environmental research. H1011/S— Senate bill Conference Substitute House bill No similar provision. House bill. Section 1011 specifies that, using Research, CENTERS OF EXCELLENCE Engineering and Development (R,E&D) Conference Substitute H1008/S608 funds, the Administrator, in coordination House bill modified to direct the FAA to with NASA Administrator, will continue ‘‘enter into an arrangement for an inde- House bill R,E&D activities into the qualification of pendent external review’’ to conduct the re- Section 1008 changes the current Govern- unleaded aviation fuel and safe transition to view, rather than the Administrator. ment share of costs for the Centers of Excel- this fuel for the fleet of piston engine air- RESEARCH GRANTS FOR UNDERGRADUATES lence so that the government’s share of cost craft. It directs that the Administrator, not H—/S103 will not exceed 50 percent, with the excep- later than 270 days after enactment, will pro- House bill tion that the Administrator may increase vide Congress with a report on a plan, poli- the share to a maximum of 75 percent for a cies, and guidelines on how this will be ac- No similar provision. fiscal year if the Administrator determines a complished. Senate bill center would be unable to carry out author- Senate bill Section 103 authorizes $5 million for re- ized activities without additional funds. An No similar provision. search grants program for undergraduate annual report is required listing the research colleges, including those that are Histori- projects initiated at each Center of Excel- Conference Substitute cally Black Colleges and Universities, His- lence, the amount of funding and funding House bill. panic Serving Institutions, tribally con- source for each project, institutions partici- RESEARCH PROGRAM ON ALTERNATIVE JET FUEL trolled institutions and Alaska Native and pating, their shares of funding, and level of TECHNOLOGY FOR CIVIL AIRCRAFT Native Hawaiian institutions. cost-sharing for the project. H1012/S603 Conference Substitute Senate bill House bill House bill. Section 608 authorizes $1 million per year for each of fiscal years 2008 through 2012 for Section 1012 directs the Secretary of PRODUCTION OF CLEAN COAL FUEL TECHNOLOGY a Center of Excellence in applied research Transportation to conduct a research pro- FOR CIVILIAN AIRCRAFT and training in the use of advanced mate- gram related to developing and qualifying H—/S604 rials in transport category aircraft. jet fuel from alternative sources through grants and other measures. The program will House bill Conference Substitute allow for participation of industry and edu- No similar provision. House bill. cational and research institutions that have Senate bill CENTER OF EXCELLENCE FOR AVIATION HUMAN existing facilities and experience in the re- Section 604 requires the Secretary of RESOURCE RESEARCH search and development of technology for al- Transportation to establish a Center of Ex- H1009/S— ternative jet fuels. The Secretary may col- cellence for a research program related to laborate with existing interagency programs, developing jet fuel from clean coal through House bill including the Commercial Aviation Alter- grants or other measures, with a require- Section 1009 permits the Administrator to native Fuels Initiative (CAAFI). ment to include educational and research in- establish a Center of Excellence to conduct Senate bill stitutions in the initiative. research on human performance in the air Section 603 requires the DOT to establish a Conference Substitute transportation environment, and any other research program to develop jet fuel from aviation human resource issues pertinent to Senate bill modified by changing ‘‘shall’’ natural gas, biomass, and other renewable developing and maintaining a safe and effi- to ‘‘may’’ in directing the Administrator to sources. It directs that the FAA, within 180 cient air transportation system. Activities establish a Center of Excellence to carry out days, designate a Center of Excellence for conducted under this section may include re- this section. Alternative Jet-Fuel Research for Civil Air- search and development and evaluation of WAKE TURBULENCE, VOLCANIC ASH, AND craft. training programs, best practices for recruit- WEATHER RESEARCH ment, development of a baseline of general Conference Substitute H—/S606 aviation employment statistics, research Senate bill modified to add language per- House bill and development of the airframe and power mitting facilities to participate in the pro- plant technician certification process, eval- gram that ‘‘leverage private sector partner- No similar provision. uation of aviation maintenance technician ships and consortia with experience across Senate bill school environment, and transitioning me- the supply chain’’ and changing ‘‘shall’’ to Section 606 directs the Administrator to chanics into the aviation field. ‘‘may’’ in directing the Administrator to initiate an evaluation of proposals that

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would: increase capacity throughout the at the remaining airports across the coun- Tax (and Code section) Tax Rates NAS by reducing spacing requirements be- try. It would require 25 percent of the proce- tween aircraft through research of wake tur- dures at these airports to be implemented Aviation fuels (sec. 4081): 3 1. Commercial aviation ...... 4.3 cents per gallon bulence; begin implementation of a system within 18 months after enactment, 50 percent 2. Non-commercial (general) avia- to avoid volcanic ash; and establish weather within 30 months after enactment; 75 percent tion: research projects, including on ground de- within 42 months after enactment, and 100 Aviation gasoline ...... 19.3 cents per gallon Jet fuel ...... 21.8 cents per gallon icing. percent before 2016. The charter of the Per- Conference Substitute formance Based Navigation ARC is extended All Airport and Airway Trust Fund excise and directs it to establish priorities for de- Senate bill modified to include research on taxes, except for 4.3 cents per gallon of the velopment of RNP/RNAV procedures based the nature of wake vortexes and to direct the taxes on aviation fuels, are scheduled to ex- on potential safety and congestion benefits. Administrator to coordinate with National pire after February 17, 2012. The 4.3–cents- It would require that the process of the de- Oceanic and Atmospheric Administration per-gallon fuels tax rate is permanent. velopment of such procedures be subject to a (NOAA), National Air and Space Administra- Taxes on transportation of persons by air previously established environmental review tion (NASA), and other appropriate federal process. The FAA is directed to provide Con- Domestic air passenger excise tax agencies to conduct research. gress with a deployment plan for the imple- Domestic air passenger transportation gen- REAUTHORIZATION OF CENTER OF EXCELLENCE mentation of a nationwide data communica- erally is subject to a two-part excise tax. IN APPLIED RESEARCH AND TRAINING IN THE tions system to support NextGen ATC, and a The first component is an ad valorem tax im- USE OF ADVANCED MATERIALS IN TRANSPORT report evaluating the ability of NextGen posed at the rate of 7.5 percent of the amount AIRCRAFT technologies to facilitate improved perform- paid for the transportation. The second com- H—/S608 ance standards for aircraft in the NAS. ponent is a flight segment tax. For 2012, the flight segment tax rate is $3.80.4 A flight seg- Conference Substitute House bill ment is defined as transportation involving a No similar provision. House bill modified to direct the FAA to single take-off and a single landing. For ex- ‘‘enter into an arrangement for an inde- Senate bill ample, travel from New York to San Fran- pendent external review’’ to conduct the re- cisco, with an intermediate stop in Chicago, Section 608 authorizes $1 million per year view, rather than the Administrator. for FYs 2008 through 2012 for a Center of Ex- consists of two flight segments (without re- AIRPORT SUSTAINABILITY PLANNING WORKING cellence in applied research and training in gard to whether the passenger changes air- GROUP the use of advanced materials in transport craft in Chicago). The flight segment component of the tax category aircraft. H—/S221 House bill does not apply to segments to or from quali- Conference Substitute No similar provision. fied ‘‘rural airports.’’ For any calendar year, Senate bill with modification removing au- a rural airport is defined as an airport that Senate bill thorization amounts. in the second preceding calendar year had Section 221 establishes an airport sustain- RESEARCH AND DEVELOPMENT OF EQUIPMENT fewer than 100,000 commercial passenger de- ability working group within the FAA that TO CLEAN AND MONITOR THE ENGINE AND APU partures, and meets one of the following would submit a report on their findings to BLEED AIR SUPPLIED ON PRESSURIZED AIR- three additional requirements: (1) the airport the Administrator within one year of enact- CRAFT is not located within 75 miles of another air- ment. The working group would be com- port that had more than 100,000 such depar- H—/S612 prised of 15 members including the Adminis- tures in that year; (2) the airport is receiving House bill trator and industry representatives. payments under the Federal ‘‘essential air No similar provision. Conference Substitute service’’ program; or (3) the airport is not Senate bill Senate bill with minor modifications. connected by paved roads to another airport.5 Section 612 requires the FAA to conduct a TITLE XI—AIRPORT AND AIRWAY TRUST FUND PROVISIONS AND RELATED TAXES The domestic air passenger excise tax ap- research program for the identification or plies to ‘‘taxable transportation.’’ Taxable development of effective air cleaning tech- A. Extension of Taxes Funding the Airport transportation means transportation by air nology and sensors technology for the engine and Airway Trust Fund (sec. 1103 of the that begins in the United States or in the and auxiliary power unit bleed air supplied House bill, sec. 801 of the Senate amend- portion of Canada or Mexico that is not more to passenger cabins and flight decks of all ment, sec. 1101 of the conference agree- than 225 miles from the nearest point in the pressurized aircraft. It would require the ment, and secs. 4261, 4271, and 4081 of the continental United States and ends in the FAA submit a report to Congress within one Code) United States or in such 225-mile zone. If the year. PRESENT LAW domestic transportation is paid for outside Conference Substitute Overview of the United States, it is taxable only if it Senate bill. Excise taxes are imposed on amounts paid begins and ends in the United States. for commercial air passenger and freight For purposes of the domestic air passenger EXPERT REVIEW OF ENTERPRISE ARCHITECTURE transportation and on fuels used in commer- excise tax, taxable transportation does not FOR NEXTGEN cial aviation and noncommercial aviation include ‘‘uninterrupted international air H212/S314 (i.e., transportation that is not ‘‘for hire’’) to transportation.’’ Uninterrupted inter- House bill fund the Airport and Airway Trust Fund. national air transportation is any transportation that does not both begin and end in Section 212 directs the Administrator to The present aviation excise taxes are as follows: the United States or within the 225-mile zone enter into an arrangement with the National and does not have a layover time of more Research Council to review the enterprise ar- Tax (and Code section) Tax Rates than 12 hours. The tax on international air chitecture for NextGen. Also, the Adminis- passenger transportation is discussed below. trator must report to Congress within one Domestic air passengers (sec. 4261) 7.5 percent of fare, plus $3.80 year on the results of this review. (2012) per domestic flight seg- International travel facilities tax ment generally 1 For 2012, international air passenger trans- Senate bill International travel facilities tax $16.70 (2012) per arrival or depar- portation is subject to a tax of $16.70 per ar- Section 314 directs the Administrator to (sec. 4261). ture 2 Amounts paid for right to award free 7.5 percent of amount paid rival or departure in lieu of the taxes im- publish a report within six months, after or reduced rate passenger air posed on domestic air passenger transpor- consultation with stakeholders, including transportation (sec. 4261). tation if the transportation begins or ends in the development of: 1) RNP/RNAV proce- Air cargo (freight) transportation 6.25 percent of amount charged for (sec. 4271). domestic transportation; no tax dures at 137 airports; 2) a description of the on international cargo transpor- 4 activities required for their implementation; tation Sec. 4261(b)(1) and 4261(d)(4). Unless otherwise stated, all section references are to the Internal 3) an implementation plan that includes Revenue Code of 1986, as amended (the ‘‘Code’’). The baseline and performance metrics; 4) assess- 1 The domestic flight segment portion of the tax is Code provides for a $3 tax indexed annually for infla- ment of the benefits/costs of using third par- adjusted annually (effective each January 1) for in- tion, effective each January 1, resulting in the cur- ties to develop the procedures; and 5) a proc- flation (adjustments based on the changes in the rent rate of $3.80. ess for the creation of future RNP and RNAV consumer price index (the ‘‘CPI’’)). 5 In the case of an airport qualifying as ‘‘rural’’ be- procedures. The Administrator must imple- 2 The international travel facilities tax rate is ad- cause it is not connected by paved roads to another ment 30 percent of the procedures within 18 justed annually for inflation (measured by changes airport, only departures for flight segments of 100 in the CPI). miles or more are considered in calculating whether months of enactment, 60 percent within 36 3 Like most other taxable motor fuels, aviation the airport has fewer than 100,000 commercial pas- months of enactment, and 100 percent by fuels are subject to an additional 0.1–cent-per-gallon senger departures. The Department of Transpor- 2014. The Administrator is directed to create excise tax to fund the Leaking Underground Storage tation has published a list of airports that meet the a plan for the implementation of procedures Tank Trust Fund. definition of rural airports. See Rev. Proc. 2005–45.

VerDate Sep 11 2014 12:49 Feb 24, 2017 Jkt 019102 PO 00000 Frm 00077 Fmt 0688 Sfmt 0634 E:\BR12\H01FE2.001 H01FE2 rmajette on DSK2TPTVN1PROD with BOUND RECORD 680 CONGRESSIONAL RECORD—HOUSE, Vol. 158, Pt. 1 February 1, 2012 the United States.6 The definition of inter- Amounts equivalent to these taxes are trans- purposes for which Airport and Airway Trust national transportation includes certain ferred to the Airport and Airway Trust Fund. Fund monies are permitted to be expended purely domestic transportation that is asso- HOUSE BILL are fixed as of the date of enactment of the ciated with an international journey. Under The provision extends the present-law Air- Airport and Airway Extension Act of 2012, these rules, a passenger traveling on sepa- port and Airway Trust Fund excise taxes the Code must be amended to authorize new rate domestic segments integral to inter- through September 30, 2014. Airport and Airway Trust Fund expenditure national travel is exempt from the domestic Effective date.—The provision takes effect purposes. In addition, the Code contains a passenger taxes on those segments if the on the date of enactment. specific enforcement provision to prevent ex- stopover time at any point within the United penditure of Airport and Airway Trust Fund States does not exceed 12 hours. SENATE AMENDMENT monies for purposes not authorized under In the case of a domestic segment begin- The provision extends the present-law Air- section 9502. Should such unapproved expend- ning or ending in Alaska or Hawaii, the tax port and Airway Trust Fund excise taxes itures occur, no further aviation excise tax applies to departures only and is $8.40 for through September 30, 2013. receipts will be transferred to the Airport calendar year 2012. Effective date.—The provision takes effect and Airway Trust Fund. Rather, the aviation ‘‘Free’’ travel on April 1, 2011. taxes would continue to be imposed, but the CONFERENCE AGREEMENT receipts would be retained in the General Both the domestic air passenger tax and Fund. the use of international air facilities tax The conference agreement extends the apply only to transportation for which an present-law Airport and Airway Trust Fund HOUSE BILL amount is paid. Thus, free travel, such as excise taxes through September 30, 2015. The provision authorizes expenditures that awarded in ‘‘frequent flyer’’ programs Effective date.—The provision takes effect from the Airport and Airway Trust Fund and nonrevenue travel by airline industry on February 18, 2012. through September 30, 2014, and revises the employees, is not subject to tax. However, B. Extension of Airport and Airway Trust purposes for which money from the Airport amounts paid to air carriers (in cash or in Fund Expenditure Authority (sec. 1102 of and Airway Trust Fund funds are permitted kind) for the right to award free or reduced- the House bill, sec. 802 of the Senate to be expended to include those obligations fare transportation are treated as amounts amendment, sec. 1102 of the conference authorized under the reauthorization legisla- paid for taxable air transportation and are agreement, and sec. 9502 of the Code) tion of 2011 (i.e., the ‘‘FAA Reauthorization subject to the 7.5 percent ad valorem tax PRESENT LAW and Reform Act of 2011,’’ which sets forth (but not the flight segment tax or the use of aviation program expenditure purposes In general international air facilities tax). Examples of through September 30, 2014). such payments are purchases of miles by The Airport and Airway Trust Fund was Effective date.—The provision takes effect credit card companies and affiliates (includ- created in 1970 to finance a major portion of on date of enactment. ing airline affiliates) for use as ‘‘rewards’’ to Federal expenditures on national aviation SENATE AMENDMENT programs. Operation of the Airport and Air- cardholders. The provision authorizes expenditures way Trust Fund is governed by the Internal from the Airport and Airway Trust Fund Disclosure of air passenger transportation Revenue Code (the ‘‘Code’’) 10 and authorizing through September 30, 2013. The provision taxes on tickets and in advertising statutes. The Code provisions govern deposit also amends the list of authorizing statutes Transportation providers are subject to of revenues into the trust fund and approve to include the ‘‘FAA Air Transportation special penalties relating to the disclosure of the use of trust fund money (as provided by Modernization and Safety Improvement the amount of the passenger taxes on tickets appropriation acts) for expenditure purposes Act,’’ which sets forth aviation program ex- and in advertising. The ticket is required to in authorizing statutes as in effect on the penditure purposes through September 30, show the total amount paid for such trans- date of enactment of the latest authorizing 2013. portation and the tax. The same require- Act. The authorizing acts provide specific Effective date.—The provision takes effect ments apply to advertisements. In addition, trust fund expenditure programs and pur- on April 1, 2011. if the advertising separately states the poses. amount to be paid for the transportation or Authorized expenditures from the Airport CONFERENCE AGREEMENT the amount of taxes, the total shall be stated and Airway Trust Fund include the following The conference agreement authorizes ex- at least as prominently as the more promi- principal programs: penditures from the Airport and Airway nently stated of the tax or the amount paid 1. Airport Improvement Program (airport Trust Fund through September 30, 2015. The for transportation. Failure to satisfy these planning, construction, noise compatibility provision also amends the list of authorizing disclosure requirements is a misdemeanor, programs, and safety projects); statutes to include the ‘‘FAA Modernization upon conviction of which the guilty party is 2. Facilities and Equipment program (costs and Reform Act of 2012,’’ which sets forth fined not more than $100 per violation.7 of acquiring, establishing, and improving the aviation program expenditure purposes Tax on transportation of property (cargo) by air air traffic control facilities); through September 30, 2015. Effective date.—The provision takes effect Amounts equivalent to the taxes received 3. Research, Engineering, and Development on February 18, 2012. from the transportation of property by air program (Federal Aviation Administration are transferred to the Airport and Airway (‘‘FAA’’) research and development activi- C. Modification of Excise Tax on Kerosene Trust Fund. Domestic air cargo transpor- ties); Used in Aviation (sec. 803 of the Senate tation is subject to a 6.25 percent ad valorem 4. FAA Operations and Maintenance amendment) excise tax on the amount paid for the trans- (‘‘O&M’’) programs; and PRESENT LAW portation.8 The tax applies only to transpor- 5. Certain other aviation-related programs In general tation that both begins and ends in the specified in authorizing acts. Part of the O&M programs is financed from Under section 4081, an excise tax is im- United States. There is no disclosure re- posed upon (1) the removal of any taxable General Fund monies as well.11 quirement for the air cargo tax. fuel from a refinery or terminal,12 (2) the Aviation fuel taxes Limits on Airport and Airway Trust Fund ex- entry of any taxable fuel into the United penditures The Code imposes excise taxes on gasoline States, or (3) the sale of any taxable fuel to No expenditures are currently permitted to used in commercial aviation (4.3 cents per any person who is not registered with the In- be made from the Airport and Airway Trust gallon) and noncommercial aviation (19.3 ternal Revenue Service (‘‘IRS’’) to receive Fund after February 17, 2012. Because the cents per gallon), and on jet fuel (kerosene) untaxed fuel, unless there was a prior tax- and other aviation fuels used in commercial able removal or entry.13 The tax does not aviation (4.3 cents per gallon) and non- 10 Unless otherwise stated, all section references apply to any removal or entry of taxable fuel commercial aviation (21.8 cents per gallon).9 are to the Internal Revenue Code of 1986, as amend- transferred in bulk by pipeline or vessel to a ed. terminal or refinery if the person removing 11 According to the Government Accountability Of- or entering the taxable fuel, the operator of 6 Secs. 4261(c) and 4261(d)(4). The international air fice, for FY 2000 through FY 2010 the contribution of such pipeline or vessel (excluding deep draft facilities tax rate of $12 is indexed annually for in- general revenues has increased to cover a larger flation, effective each January 1, resulting in the share of the FAA’s operation expenditures. United current rate of $16.70. States Government Accountability Office, Airport 12 A ‘‘terminal’’ is a taxable fuel storage and dis- 7 Sec. 7275. and Airway Trust Fund: Declining Balance Raises Con- tribution facility that is supplied by pipeline or ves- 8 Sec. 4271. cerns Over Ability to Meet Future Demands, Statement sel and from which taxable fuel may be removed at 9 These fuels are also subject to an additional 0.1 of Gerald Dillingham, Director Physical Infrastructure a rack. A ‘‘rack’’ is a mechanism capable of deliv- cent per gallon for the Leaking Underground Stor- Before the Committee on Finance, U.S. Senate (GAO–11– ering taxable fuel into a means of transport other age Tank Trust Fund. If there was not a taxable sale 358T), February 3, 2011, p. 5, Fig. 2. Congressional than a pipeline or vessel. A terminal can be located of the fuel pursuant to section 4081 of the Code, a Budget Office, Financing Federal Aviation Programs: at an airport, or fuel may be delivered to the airport backup tax exists under section 4041(c) for such fuel Statement of Robert A. Sunshine before the House Com- from a terminal located off the airport grounds. that is subsequently sold or used in aviation. mittee on Ways and Means, May 7, 2009, p. 3. 13 Sec. 4081(a)(1).

VerDate Sep 11 2014 12:49 Feb 24, 2017 Jkt 019102 PO 00000 Frm 00078 Fmt 0688 Sfmt 0634 E:\BR12\H01FE2.001 H01FE2 rmajette on DSK2TPTVN1PROD with BOUND RECORD February 1, 2012 CONGRESSIONAL RECORD—HOUSE, Vol. 158, Pt. 1 681 vessels), and the operator of such terminal or the Leaking Underground Storage Tank ference between the highway rate and the refinery are registered with the Secretary.14 Trust Fund tax of 0.1 cent per gallon applies. aviation rate, the Airport and Airway Trust If the bulk transfer exception applies, tax is ‘‘Commercial aviation’’ generally means Fund will not be credited for fuel used in not imposed until the fuel ‘‘breaks bulk,’’ any use of an aircraft in the business of aviation that was taxed at the 24.4 cents per i.e., when it is removed from the terminal, transporting by air persons or property for gallon rate. 19 typically by rail car or truck, for delivery to compensation or hire. Commercial aviation Aviation gasoline a smaller wholesale facility or retail outlet, does not include transportation exempt from The tax on aviation gasoline is 19.4 cents or removed directly from the terminal into the ticket taxes and air cargo taxes by rea- per gallon (including a 0.1 cent per gallon the fuel tank of an aircraft.15 son of sections 4281 or 4282 or by reason of Leaking Underground Storage Tank Trust The term ‘‘taxable fuel’’ means gasoline, section 4261(h) or 4261(i). Thus, small aircraft Fund component). If aviation gasoline is diesel fuel (including any liquid, other than operating on nonestablished lines (sec. 4281), used in commercial aviation, the ultimate gasoline, that is suitable for use as a fuel in air transportation for affiliated group mem- purchaser may obtain a credit or payment in a diesel-powered highway vehicle or train), bers (sec. 4282), air transportation for sky- the amount of 15 cents per gallon, such that and kerosene.16 The term includes kerosene diving (sec. 4261(h)), and certain air transpor- the tax rate on such gasoline is 4.4 cents per used in aviation (jet fuel) as well as aviation tation by seaplane (sec. 4261(i)) are excluded gallon.24 If aviation gasoline is sold for an gasoline. from the definition of commercial aviation, Section 4041(c) provides a back-up tax for and accordingly are subject to the tax re- exempt use, a credit or refund is allowable liquids (other than aviation gasoline) that gime applicable to noncommercial aviation. for all but the Leaking Underground Storage Tank Trust Fund tax (0.1 cent per gallon).25 are sold for use as a fuel in aircraft and that Refunds and credits to obtain the appropriate have not been previously taxed under section aviation tax rate HOUSE BILL 4081. If the kerosene is not removed directly No provision. Kerosene for use in aviation into the fuel tank of an aircraft, the fuel is SENATE AMENDMENT In general taxed at 24.4 cents per gallon, the rate ap- The provision creates a separate category Present law generally imposes a total tax plied to diesel fuel and kerosene used in of kerosene for tax purposes: aviation-grade of 24.4 cents per gallon on kerosene. How- highway vehicles. A claim for credit or pay- kerosene.26 Aviation-grade kerosene is taxed ever, reduced rates apply for kerosene re- ment may be made for the difference beat 35.9 cents per gallon plus 0.1 cent per gal- moved directly from a terminal into the fuel tween the tax paid and the appropriate avia- lon for the Leaking Underground Storage tank of an aircraft.17 For kerosene removed tion rate (21.9 cents per gallon for non- Tank Trust Fund. Under the provision, avia- directly from a terminal into the fuel tank commercial aviation, 4.4 cents per gallon for tion-grade kerosene used in noncommercial of an aircraft for use in commercial aviation, commercial aviation, and 0.1 cent per gallon aviation will be taxed at the full rate. The the tax rate is 4.4 cents per gallon.18 For ker- for an exempt use).20 rate of tax for aviation-grade kerosene used osene removed directly from a terminal into For noncommercial aviation, other than in commercial aviation and exempt use re- the fuel tank of an aircraft for use in non- for exempt use, only the registered ultimate mains unchanged.27 commercial aviation, the tax rate is 21.9 vendor may make the claim for the 2.5–cent- Because the tax on aviation-grade ker- cents per gallon. All of these tax rates in- per-gallon difference between the 24.4 cents osene used in noncommercial aviation is clude 0.1 cent per gallon for the Leaking Un- per gallon rate and the noncommercial avia- equal to the full rate of tax collected, the derground Storage Tank Trust Fund. For tion rate of 21.9 cents per gallon.21 For com- provision repeals the ultimate vendor refund kerosene removed directly from a terminal mercial aviation and exempt use (other than provisions for noncommercial aviation. In into the fuel tank of an aircraft for an ex- State and local government use), the ulti- addition, the provision eliminates the inter- empt use (such as for the exclusive use of a mate purchaser may make a claim for the fund transfers from the Highway Trust Fund State or local government), generally only difference in tax rates, or the ultimate pur- to the Airport and Airway Trust Fund for chaser may waive the right to make the kerosene used in aviation. Instead, the taxes claim for payment to the ultimate vendor.22 14 imposed on aviation-grade kerosene will be Sec. 4081(a)(1)(B). For State and local government use, the reg- 15 In general, the party liable for payment of the credited to the Airport and Airway Trust taxes when the fuel breaks bulk at the terminal is istered ultimate vendor is the proper claim- Fund only.28 The provision also provides a 23 the ‘‘position holder,’’ the person shown on the ant. refund mechanism for aviation-grade ker- records of the terminal facility as holding the inven- Commercial aviation claimants are per- osene used for a taxable purpose other than tory position in the fuel. However, when fuel is re- mitted to credit their fuel tax claims against in an aircraft. moved directly into the fuel tank of an aircraft for their other excise tax liabilities, thereby re- In the case of aviation-grade kerosene held use in commercial aviation, the person who uses the ducing the amount of excise tax to be paid on April 1, 2011, by any person, a floor stocks fuel is liable for the tax. The fuel is treated as used with the excise tax return. when such fuel is removed into the fuel tank. Sec. tax is imposed equal to the tax that would 4081(a)(4). Transfers between the Highway Trust Fund have been imposed if the increased rates had 16 Sec. 4083(a). and the Airport and Airway Trust Fund been in effect before such date less the tax 17 If certain conditions are met, present law per- to account for aviation use actually imposed on such fuel. The tax is to mits the removal of kerosene from a refueler truck, Kerosene that is not removed directly from be paid at such time and in such manner as tanker, or tank wagon to be treated as a removal the terminal into an airplane (e.g., the jet the Secretary shall prescribe. from a terminal for purposes of determining whether The floor stocks tax does not apply to fuel kerosene is removed directly into the fuel tank of an fuel is transferred from the terminal by aircraft. A refueler truck, tanker, or tank wagon is highway vehicle to the airport) is taxed at held exclusively for any use to the extent a treated as part of a terminal if: (1) the terminal is the highway fuel rate of 24.4 cents per gallon. refund or credit of tax is allowable under the located within an airport; (2) any kerosene which is The Highway Trust Fund is credited with Code. The floor stocks tax does not apply if loaded in such truck, tanker, or tank wagon at such 24.3 cents per gallon of the 24.4 cents per gal- the amount of fuel held by a person does not terminal is for delivery only into aircraft at the air- lon imposed. The remaining 0.1 cent is cred- exceed 2,000 gallons. port in which such terminal is located; and (3) no ve- ited to the Leaking Underground Storage For purposes of the floor stocks tax, a con- hicle licensed for highway use is loaded with ker- trolled group is treated as one person. ‘‘Con- osene at such terminal, except in exigent cir- Tank Trust Fund. If a claim for payment is cumstances identified by the Secretary in regula- later made indicating that the fuel was used trolled group’’ for these purposes means a tions. To qualify for the special rule, a refueler in aviation, the Secretary then transfers to parent-subsidiary, brother-sister, or com- truck, tanker, or tank wagon must: (1) have storage the Airport and Airway Trust Fund 4.3 cents bined corporate group with more than 50-per- tanks, hose, and coupling equipment designed and per gallon for commercial aviation use and cent ownership with respect to either com- used for the purposes of fueling aircraft; (2) not be 21.8 cents per gallon for noncommercial avia- bined voting power or total value. Under reg- registered for highway use; and (3) be operated by tion use. These transfers initially are based ulations, similar principles may apply to a the terminal operator (who operates the terminal rack from which the fuel is unloaded) or by a person on estimates, and proper adjustments are that makes a daily accounting to such terminal op- made in amounts subsequently transferred 24 Sec. 6421(f)(2). erator of each delivery of fuel from such truck, to the extent prior estimates were in excess 25 Sec. 6416(a); sec. 6420 (farming purposes); sec. tanker, or tank wagon. Sec. 4081(a)(3). of, or less than, the amounts required to be 6421(c); and sec. 6430. 18 Tax is imposed at this rate if the commercial transferred. Thus, to the extent claims for 26 Aviation-grade kerosene means, as defined by aircraft operator is registered with the IRS, and the credit or payment are not made for the dif- the IRS, kerosene-type jet fuel covered by ASTM fuel terminal is located within a secured area of an specification D1655, or military specification MIL- airport. The IRS has identified airports with secured DTL–5624 (Grade JP–5), or MIL-DTL–83133E (Grade areas in which a terminal is located. See Notice 19 Sec. 4083(b). JP–8). See section 4(b) of Notice 2005–4. 2005–4, 2005–1 C.B. 289, at sec. 4(d)(2)(ii) (2005) and No- 20 Sec. 6427(l)(4). 27 Accordingly, commercial aviation use will con- tice 2005–80, 2005–2 C.B. 953, at sec. 3(c)(2) (2005). If 21 Sec. 6427(l)(4)(C)(ii). tinue to be subject to a tax of 4.4 cents per gallon the fuel terminal is located at an unsecured airport, 22 Sec. 6427(l)(4)(C)(i). and exempt use will be subject to 0.1 cent per gallon. the fuel is taxed at 21.9 cents per gallon if the fuel 23 See sec. 6427(l)(5). Special rules apply if the ker- 28 The 0.1 cent per gallon will continue to be trans- is removed directly from the terminal into the fuel osene is purchased with a credit card issued to a ferred to the Leaking Underground Storage Tank tank of an aircraft. State or local government. Trust Fund.

VerDate Sep 11 2014 12:49 Feb 24, 2017 Jkt 019102 PO 00000 Frm 00079 Fmt 0688 Sfmt 0634 E:\BR12\H01FE2.001 H01FE2 rmajette on DSK2TPTVN1PROD with BOUND RECORD 682 CONGRESSIONAL RECORD—HOUSE, Vol. 158, Pt. 1 February 1, 2012 group of persons under common control more than one owner; (iv) possession of at Specifically, the additional fuel surtax of where one or more persons are not a corpora- least a minimum fractional ownership inter- 14.1 cents per gallon will apply to fuel used tion. est in one or more program aircraft by each in a fractional program aircraft (1) for the All provisions of law, including penalties, fractional owner; (v) a dry-lease aircraft ex- transportation of a qualified fractional applicable with respect to the taxes imposed change arrangement among all of the frac- owner with respect to the fractional aircraft by section 4081 also apply to the floor stocks tional owners; and (vi) multi-year program program of which such aircraft is a part, and taxes to the extent not inconsistent with the agreements covering the fractional owner- (2) with respect to the use of such aircraft on provisions of the provision. For purposes of ship, fractional ownership program manage- the account of such a qualified owner. Such determining receipts to the Airport and Air- ment services, and dry-lease aircraft ex- use includes positioning flights (flights in way Trust Fund, the floor stocks tax is change aspects of the program. deadhead service).33 Through September 30, treated as if it were a tax listed in section HOUSE BILL 2015, the commercial aviation taxes do not 9502(b)(1) (governing transfers of tax receipts No provision. apply to fractional program aircraft uses subject to the fuel surtax. Under the con- to the Airport and Airway Trust Fund). SENATE AMENDMENT Effective date.—The provision is generally ference agreement, flight demonstration, Under the provision, transportation as part effective for fuel removed, entered, or sold maintenance, and crew training flights by a of a fractional ownership aircraft program is fractional program aircraft are excluded after March 31, 2011. The floor stocks tax is not classified as commercial aviation for effective April 1, 2011. from the fuel surtax and are subject to the Federal excise tax purposes. Instead, such noncommercial aviation fuel tax only.34 The CONFERENCE AGREEMENT flights would be subject to the increased Air- fuel surtax of 14.1 cents per gallon sunsets The conference agreement does not include port and Airway Trust Fund fuel tax rate for September 30, 2021. the Senate amendment provision. noncommercial aviation and an additional A ‘‘fractional program aircraft’’ means, D. Air Traffic Control System Modernization fuel surtax of 14.1 cents per gallon. For this with respect to any fractional ownership air- Account (sec. 804 of the Senate amendment) purpose, a ‘‘fractional ownership aircraft craft program, any aircraft which is listed as program’’ is defined as a program in which: PRESENT LAW a fractional program aircraft in the manage- ∑ A single fractional ownership program ment specifications issued to the manager of Under present law, there is no special sub- manager provides fractional ownership pro- such program by the Federal Aviation Ad- account of the Airport and Airway Trust gram management services on behalf of the ministration under subpart K of part 91 of Fund to which funds are dedicated for air fractional owners; title 14, Code of Federal Regulations and is traffic control system modernization. ∑ Two or more airworthy aircraft are part registered in the United States. HOUSE BILL of the program; A ‘‘fractional ownership aircraft program’’ No provision. ∑ There are one or more fractional owners is a program under which: per program aircraft, with at least one pro- ∑ A single fractional ownership program SENATE AMENDMENT gram aircraft having more than one owner; manager provides fractional ownership pro- The provision creates an Air Traffic Con- ∑ Each fractional owner possesses at least gram management services on behalf of the trol System Modernization Account (‘‘Mod- a minimum fractional ownership interest in fractional owners; ernization sub-account’’) within the Airport one or more program aircraft;30 ∑ There are one or more fractional owners and Airway Trust Fund to ensure sufficient ∑ There exists a dry-lease aircraft ex- per program aircraft, with at least one pro- funding is provided for modernization of the change arrangement among all of the frac- gram aircraft having more than one owner; air traffic control system. The Moderniza- tional owners;31 and ∑ With respect to at least two fractional tion sub-account is supported through an- ∑ There are multi-year program agree- program aircraft, none of the ownership in- nual transfers of $400 million from the Air- ments covering the fractional ownership, terests in such aircraft can be less than the port and Airway Trust Fund that are attrib- fractional ownership program management minimum fractional ownership interest, or utable to the taxes on aviation-grade ker- services, and dry-lease aircraft exchange as- held by the program manager; osene. The funds are available, subject to ap- pects of the program. ∑ There exists a dry-lease aircraft ex- propriation, for expenditures relating to the The fuel taxes are dedicated to the Airport change arrangement among all of the frac- modernization of the air traffic control sys- and Airway Trust Fund. Consistent with the tional owners; and tem. Use of the funds also may include facil- general extension of the taxes dedicated to ∑ There are multi-year program agree- ity and equipment account expenditures. the Airport and Airway Trust Fund, the pro- ments covering the fractional ownership, Effective date.—The provision is effective vision sunsets September 30, 2013. fractional ownership program management on the date of enactment. Effective date.—The provision is effective services, and dry-lease aircraft exchange as- CONFERENCE AGREEMENT for taxable transportation provided after, pects of the program. and fuel used after, March 31, 2011. The conference agreement does not include The term ‘‘qualified fractional owner’’ the Senate amendment provision. CONFERENCE AGREEMENT means any fractional owner that has a min- The conference agreement provides an ex- imum fractional ownership interest in at E. Treatment of Fractional Ownership Air- emption, through September 30, 2015, from least one fractional program aircraft. A craft Program Flights (sec. 805 of the Sen- the commercial aviation taxes (secs. 4261, ‘‘minimum fractional ownership interest’’ ate amendment, sec. 1103 of the conference 4271 and the 4.4 cents-per-gallon tax on fuel) means: (1) A fractional ownership interest agreement, and new sec. 4043 of the Code) for certain fractional aircraft program equal to or greater than one-sixteenth (1/16) PRESENT LAW flights. In place of the commercial aviation of at least one subsonic, fixed wing or pow- For excise tax purposes, fractional owner- taxes, the conference agreement applies a ered lift program aircraft; or (2) a fractional ship aircraft flights are treated as commer- fuel surtax to certain flights made as part of ownership interest equal to or greater than cial aviation. As commercial aviation, for a fractional ownership program. one-thirty-second (1/32) of at least one rotor- 2012, such flights are subject to the ad valo- Through September 30, 2015, these flights craft program aircraft. A ‘‘fractional owner- rem tax of 7.5 percent of the amount paid for are treated as noncommercial aviation, sub- ship interest’’ is (1) the ownership interest in the transportation, a $3.80 segment tax, and ject to the fuel surtax and the base fuel tax a program aircraft; (2) the holding of a tax of 4.4 cents per gallon on fuel. For inter- for fuel used in noncommercial aviation.32 multi-year leasehold interest in a program national flights, fractional ownership flights aircraft; or (3) the holding or a multi-year pay the $16.70 international travel facilities 30 A ‘‘minimum fractional ownership interest’’ leasehold interest that is convertible into an tax. means: (1) A fractional ownership interest equal to ownership interest in a program aircraft. A For purposes of the FAA safety regula- or greater than one-sixteenth (1/16) of at least one ‘‘fractional owner’’ means a person owning tions, fractional ownership aircraft programs subsonic, fixed wing or powered lift program air- any interest (including the entire interest) craft; or (2) a fractional ownership interest equal to in a fractional program aircraft. are treated as a special category of general or greater than one-thirty-second (1/32) of at least 29 aviation. Under those FAA regulations, a one rotorcraft program aircraft. A ‘‘fractional own- ‘‘fractional ownership program’’ is defined as ership interest’’ is (1) the ownership interest in a 33 A flight in deadhead service is presumed subject any system of aircraft ownership and ex- program aircraft; (2) the holding of a multi-year to the fuel surtax unless the costs for such flight are change that consists of all of the following leasehold interest in a program aircraft; or (3) the separately billed to a person other than a qualified elements: (i) the provision for fractional holding or a multi-year leasehold interest that is owner. For example, if the costs associated with a positioning flight of a fractional program aircraft ownership program management services by convertible into an ownership interest in a program aircraft. are separately billed to a person chartering the air- a single fractional ownership program man- 31 A ‘‘dry-lease aircraft exchange’’ means an ar- craft, that positioning flight is treated as commer- ager on behalf of the fractional owners; (ii) rangement, documented by the written program cial aviation. two or more airworthy aircraft; (iii) one or agreements, under which the program aircraft are 34 It is the understanding of the conferees that a more fractional owners per program aircraft, available, on an as-needed basis without crew, to prospective purchaser does not pay any amount for with at least one program aircraft having each fractional owner. transportation by demonstration flights, and that if 32 No inference is intended as to the treatment of an amount were paid for the flight, the flight would these flights as noncommercial aviation under be subject to the commercial aviation taxes and not 29 14 CFR Part 91, subpart k. present law. treated as noncommercial aviation.

VerDate Sep 11 2014 12:49 Feb 24, 2017 Jkt 019102 PO 00000 Frm 00080 Fmt 0688 Sfmt 0634 E:\BR12\H01FE2.001 H01FE2 rmajette on DSK2TPTVN1PROD with BOUND RECORD February 1, 2012 CONGRESSIONAL RECORD—HOUSE, Vol. 158, Pt. 1 683 Amounts equivalent to the revenues from Effective date.—The provision is effective cal Year 2001, the uncommitted cash balance the fuel surtax are dedicated to the Airport for transportation provided after March 31, was $7.3 billion. At the end of Fiscal Year and Airway Trust Fund. 2011. 2010, the balance was approximately $770 mil- 42 Effective date.—The provision is effective CONFERENCE AGREEMENT lion. for taxable transportation provided after, The current statutory formula requires The conference agreement follows the Sen- uses of aircraft after, and fuel used after, that estimated Airport and Airway Trust ate amendment, except the Effective date is March 31, 2012. Fund receipts each year must equal trust for transportation provided after March 31, fund expenditures. However, amounts appro- Termination of Exemption For Small Jet 2012. Aircraft on Nonestablished Lines (sec. 806 priated from the Airport and Airway Trust G. Tax-Exempt Private Activity Bond Fi- of the Senate amendment, sec. 1107 of the Fund are based on revenue receipt projec- nancing for Fixed-Wing Emergency Med- conference agreement and sec. 4281 of the tions and have exceeded the amounts actu- ical Aircraft (sec. 808 of the Senate amend- Code) ally deposited into the Airport and Airway ment, sec. 1105 of the conference agree- PRESENT LAW Trust Fund, resulting in declines in the un- ment, and sec. 147(e) of the Code) committed cash balance. Under present law, transportation by air- PRESENT LAW craft with a certificated maximum takeoff HOUSE BILL weight of 6,000 pounds or less is exempt from Interest on bonds issued by State and local No provision. governments generally is excluded from the excise taxes imposed on the transpor- SENATE AMENDMENT tation of persons by air and the transpor- gross income for Federal income tax purposes.36 Bonds issued by State and local gov- The provision amends section 9502 to limit tation of cargo by air when operating on a the budgetary resources initially made avail- nonestablished line. Similarly, when such ernments may be classified as either governmental bonds or private activity bonds. Gov- able each fiscal year from the Airport and aircraft are operating on a flight for the sole Airway Trust Fund to 90 percent, rather purpose of sightseeing, the taxes imposed on ernmental bonds are bonds the proceeds of which are primarily used to finance govern- than 100 percent, of forecasted revenues for the transportation or persons or cargo by air that year. do not apply. mental functions or which are repaid with governmental funds. In general, private ac- Effective date.—The provision is effective HOUSE BILL tivity bonds are bonds in which the State or for fiscal years 2012 and 2013. No provision. local government serves as a conduit pro- CONFERENCE AGREEMENT SENATE AMENDMENT viding financing to nongovernmental persons The conference agreement does not include The provision repeals the exemption as it (e.g., private businesses or individuals).37 The the Senate amendment provision, but this applies to turbine engine powered aircraft exclusion from income for State and local matter is addressed by section 104 of Title I (jet aircraft). bonds does not apply to private activity of the conference agreement. Effective date.—The provision is effective bonds, unless the bonds are issued for certain J. Rollover of Amounts Received in Airline for transportation provided after March 31, permitted purposes (‘‘qualified bonds’’) and Carrier Bankruptcy (sec. 810 of the Senate 2011. other Code requirements are met.38 amendment and sec. 1106 of the conference CONFERENCE AGREEMENT Section 147(e) of the Code provides, in part, agreement) that a private activity bond is not a quali- The conference agreement follows the Sen- PRESENT LAW fied bond if issued as part of an issue and any ate amendment provision, repealing the ex- The Code provides for two types of indi- emption as it applies to jet aircraft, effective portion of the proceeds of such issue is used for airplanes.39 The IRS has ruled that a heli- vidual retirement arrangements (‘‘IRAs’’): for transportation provided after March 31, traditional IRAs and Roth IRAs.43 In general, 2012. copter is not an ‘‘airplane’’ for purposes of section 147(e).40 contributions (other than a rollover con- F. Transparency in Passenger Tax Disclo- A fixed-wing aircraft providing air trans- tribution) to a traditional IRA may be de- sures (sec. 807 of the Senate amendment, portation for emergency medical services ductible from gross income, and distribu- sec. 1104 of the conference agreement, and and that is equipped for, and exclusively tions from a traditional IRA are includible sec. 7275 of the Code) dedicated on that flight to, acute care emer- in gross income to the extent not attrib- PRESENT LAW gency medical services is exempt from the utable to a return of nondeductible contribu- Transportation providers are subject to air transportation excise taxes imposed by tions. In contrast, contributions to a Roth special penalties relating to the disclosure of sections 4261 and 4271.41 IRA are not deductible, and qualified distributions from a Roth IRA are excludable the amount of the passenger taxes on tickets HOUSE BILL from gross income. Distributions from a and in advertising. The ticket is required to No provision. show the total amount paid for such trans- Roth IRA that are not qualified distributions portation and the tax. The same require- SENATE AMENDMENT are includible in gross income to the extent ments apply to advertisements. In addition, The provision amends section 147(e) so that attributable to earnings. In general, a quali- if the advertising separately states the the prohibition on the use of proceeds for fied distribution is a distribution that (1) is amount to be paid for the transportation or airplanes does not apply to any fixed-wing made after the five taxable year period be- the amount of taxes, the total shall be stated aircraft equipped for, and exclusively dedi- ginning with the first taxable year for which at least as prominently as the more promi- cated to, providing acute care emergency the individual first made a contribution to a nently stated of the tax or the amount paid medical services (within the meaning of sec- Roth IRA, and (2) is made on or after the in- 1 for transportation. Failure to satisfy these tion 4261(g)(2)). dividual attains age 59 ⁄2, death, or disability disclosure requirements is a misdemeanor, Effective date.—The provision is effective or which is a qualified special purpose dis- upon conviction of which the guilty party is for obligations issued after the date of enact- tribution. fined not more than $100 per violation.35 ment. The total amount that an individual may contribute to one or more IRAs for a year is There is no prohibition against airlines in- CONFERENCE AGREEMENT cluding other charges in the required pas- generally limited to the lesser of: (1) a dollar The conference agreement follows the Sen- amount ($5,000 for 2012); or (2) the amount of senger taxes disclosure (e.g., fuel surcharges ate amendment. retained by the commercial airline). In prac- the individual’s compensation that is includ- H. Protection of Airport and Airway Trust 44 tice, some but not all airlines include such ible in gross income for the year. As under Fund Solvency (sec. 809 of the Senate other charges in the required passenger taxes the rules relating to traditional IRAs, a con- amendment) disclosure. tribution of up to the dollar limit for each PRESENT LAW spouse may be made to a Roth IRA provided HOUSE BILL the combined compensation of the spouses is No provision. The uncommitted cash balance in the Air- port and Airway Trust Fund has declined sig- at least equal to the contributed amount. SENATE AMENDMENT nificantly in recent years. At the end of Fis- If an individual makes a contribution to an The provision prohibits all transportation IRA (traditional or Roth) for a taxable year, providers from including amounts other than the individual is permitted to recharacterize 36 the passenger taxes imposed by section 4261 Sec. 103(a). (in a trustee-to-trustee transfer) the amount 37 See sec. 141 defining ‘‘private activity bond.’’ in the required disclosure of passenger taxes 38 See sec. 103(b) and sec. 141(e). on tickets and in advertising when the 39 Other prohibited facilities include any skybox, 42 Government Accountability Office, Airport and amount of such tax is separately stated. Dis- or other private luxury box, health club facility, fa- Airway Trust Fund: Declining Balance Raises Concerns closure elsewhere on tickets and in adver- cility primarily used for gambling, or store the prin- Over Ability to Meet Future Demands, February 3, tising (e.g., as an amount paid for transpor- cipal business of which is the sale of alcoholic bev- 2011, p. 5. tation) of non-tax charges is allowed. erages for consumption off premises. Sec. 147(e). 43 Traditional IRAs are described in section 408, 40 Rev. Rul. 2003–116, 2003–46 I.R.B. 1083, 2003–2 C.B. and Roth IRAs are described in section 408A. 1083, November 17, 2003, (released: October 29, 2003). 44 The maximum contribution amount is increased 35 Sec. 7275. 41 Sec. 4261(g)(2). for individuals 50 years of age or older.

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An airline payment amount ployees are granted the same rights as quali- feree plan. The amount transferred must be does not include any amount payable on the fied airline employees under section 125 of accompanied by any net income allocable to basis of the carrier’s future earnings or prof- WRERA and under the amendment. the contribution and no deduction is allowed its. The amount that may be contributed to Effective date.—Effective for all transfers with respect to the contribution to the a Roth IRA is the gross amount of the pay- (made after date of enactment) of qualified transferor plan. Both regular contributions ment; any reduction in the airline payment airline payment amounts received before, on, and conversion contributions to a Roth IRA amount on account of employment tax with- or after date of enactment. can be recharacterized as having been made holding is disregarded. CONFERENCE AGREEMENT to a traditional IRA. However, Treasury reg- HOUSE BILL The conference agreement follows the Sen- ulations limit the number of times a con- ate amendment with three modifications. tribution for a taxable year may be re- No provision. First, a qualified airline employee is not per- characterized.46 SENATE AMENDMENT Taxpayers generally may convert a tradi- mitted to contribute (using either a rollover The amendment expands the choices for re- or recharacterization) an airline payment tional IRA into a Roth IRA.47 The amount cipients of airline payment amounts by al- converted is includible in income as if a amount to a traditional IRA for a taxable lowing qualified airline employees to con- year if, before the end of the taxable year, withdrawal had been made, except that the tribute airline payment amounts to a tradi- early distribution tax (discussed below) does the employee was at any time a covered em- tional IRA as a rollover contribution. An in- 50 not apply. However, the early distribution ployee, as defined in section 162(m)(3), of dividual making such a rollover contribution the commercial passenger airline carrier tax is applied if the taxpayer withdraws the may exclude the contributed airline pay- amount within five years of the conversion. making the qualified airline payment. Sec- ment amount from gross income in the tax- ond, a qualified airline employee who was If certain requirements are satisfied, a par- able year in which the airline payment ticipant in an employer-sponsored qualified not at any time a covered employee may amount was paid. only roll over, or recharacterize, into a tra- plan (which includes a tax-qualified retire- Qualified airline employees who made a ditional IRA 90 percent of the aggregate ment plan described in section 401(a), an em- qualified rollover contribution of an airline amount of airline payment amounts received ployee retirement annuity described in sec- payment amount to a Roth IRA pursuant to before the end of the taxable year. Third, in- tion 403(a), a tax-sheltered annuity described WRERA are permitted to recharacterize all dividuals recharacterizing their contribu- in section 403(b), and a governmental section or a portion of the qualified rollover con- tions may file a claim for a refund until the 457(b) plan) or a traditional IRA may roll tribution as a rollover contribution to a tra- later of: (1) the period of limitations under over distributions from the plan, annuity or ditional IRA by transferring, in a trustee-to- section 6511(a) (generally, three years from IRA into another plan, annuity or IRA. For trustee transfer, the contribution (or a por- the time the return was filed or two years distributions after December 31, 2007, certain tion thereof) plus attributable earnings (or from the time the tax was paid, whichever taxpayers also are permitted to make roll- losses) from the Roth IRA. As in the case of over contributions into a Roth IRA (subject period expires later); or (2) April 15, 2013. a recharacterization under present law, the to inclusion in gross income of any amount airline payment amount so transferred (with K. Application of Levy to Payments to Fed- that would be includible were it not part of attributable earnings) is deemed to have eral Vendors Relating to Property (sec. 811 the rollover contribution). been contributed to the traditional IRA at of the Senate amendment) Under section 125 of the Worker, Retiree, the time of the initial rollover contribution PRESENT LAW and Employer Recovery Act of 2008 into the Roth IRA. The trustee-to-trustee (‘‘WRERA’’),48 a ‘‘qualified airline employee’’ In general transfer to a traditional IRA must be made may contribute any portion of an ‘‘airline Levy is the IRS’s administrative authority within 180 days of the amendment’s enact- payment amount’’ to a Roth IRA within 180 to seize a taxpayer’s property, or rights to ment. days of receipt of such amount (or, if later, property, to pay the taxpayer’s tax liabil- If an amount contributed to a Roth IRA as within 180 days of enactment of the provi- ity.51 Generally, the IRS is entitled to seize a rollover contribution is recharacterized as sion). Such a contribution is treated as a a taxpayer’s property by levy if a Federal a rollover contribution to a traditional IRA, qualified rollover contribution to the Roth tax lien has attached to such property,52 and the amount so recharacterized may not be IRA. Thus, the portion of the airline pay- the IRS has provided both notice of inten- contributed to a Roth IRA as a qualified roll- ment amount contributed to the Roth IRA is tion to levy 53 and notice of the right to an over contribution (i.e., reconverted to a Roth includible in gross income to the extent that administrative hearing (the notice is re- IRA) during the five taxable years imme- such payment would be includible were it ferred to as a ‘‘collections due process no- diately following the taxable year in which not part of the rollover contribution. tice’’ or ‘‘CDP notice’’ and the hearing is re- A qualified airline employee is an em- the transfer to the traditional IRA was ferred to as the ‘‘CDP hearing’’) 54 at least 30 ployee or former employee of a commercial made. days before the levy is made. A Federal tax passenger airline carrier who was a partici- Qualified airline employees who were eligi- lien arises automatically when: (1) a tax as- pant in a defined benefit plan maintained by ble to make a qualified rollover to a Roth sessment has been made; (2) the taxpayer has the carrier which: (1) is qualified under sec- IRA under WRERA, but declined to do so, are now permitted to roll over the airline pay- tion 401(a); and (2) was terminated or became 50 ment amount to a traditional IRA within 180 Section 162(m) defines a covered employee as (1) subject to the benefit accrual and other re- the chief executive officer of the corporation (or an days of the receipt of the amount (or, if strictions applicable to plans maintained by individual acting in such capacity) as of the close of commercial passenger airlines pursuant to later, within 180 days of enactment of the the taxable year and (2) the four most highly com- section 402(b) of the Pension Protection Act amendment). As mentioned above, any por- pensated officers for the taxable year (other than of 2006 (‘‘PPA’’). tion of an airline payment amount re- the chief executive officer). Treas. Reg. sec. 1.162– An airline payment amount is any pay- characterized as a rollover contribution to a 27(c)(2) provides that whether an employee is the chief executive officer or among the four most high- ment of any money or other property pay- traditional IRA pursuant to the amendment is excluded from gross income in the taxable ly compensated officers should be determined pursu- able by a commercial passenger airline to a ant to the executive compensation disclosure rules qualified airline employee: (1) under the ap- year in which the airline payment amount promulgated under the Securities Exchange Act of proval of an order of a Federal bankruptcy was paid to the qualified airline employee by 1934. Notice 2007–49, 2007–25 I.R.B. 1429 provides that court in a case filed after September 11, 2001, the commercial passenger airline carrier. In- ‘‘covered employee’’ means any employee who is (1) and before January 1, 2007; and (2) in respect dividuals recharacterizing such contribu- the principal executive officer (or an individual act- tions may file a claim for a refund until the ing in such capacity) defined in reference to the Ex- later of: (1) the period of limitations under change Act, or (2) among the three most highly com- 45 Sec. 408A(d)(6). section 6511(a) (generally, three years from pensated officers for the taxable year (other than 46 Treas. Reg. sec. 1.408A–5. the principal executive officer) to reflect the 2006 the time the return was filed or two years 47 For taxable years beginning prior to January 1, change by the Securities and Exchange Commission 2010, taxpayers with modified AGI in excess of from the time the tax was paid, whichever to its rules. $100,000, and married taxpayers filing separate re- period expires later); or (2) April 15, 2012. 51 Sec. 6331(a). Levy specifically refers to the legal turns, were generally not permitted to convert a An airline payment amount does not fail process by which the IRS orders a third party to traditional IRA into a Roth IRA. Under the Tax In- to be treated as wages for purposes of Social turn over property in its possession that belongs to crease Prevention and Reconciliation Act of 2005, Security and Medicare taxes under the Fed- the delinquent taxpayer named in a notice of levy. Pub. L. No. 109–222, these limits on conversion are eral Insurance Contributions Act 49 and sec- 52 Ibid. repealed for taxable years beginning after December 53 Sec. 6331(d). 31, 2009. 54 Sec. 6330. The notice and the hearing are referred 48 Pub. L. No. 110–455. 49 Chapter 21 of the Code. to collectively as the CDP requirements.

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been given notice of the assessment stating CONFERENCE AGREEMENT titled to vote or at least 80 percent of the the amount and demanding payment; and (3) The conference agreement does not include total value of shares of all classes of stock of the taxpayer has failed to pay the amount the Senate amendment provision. Section at least one of the other corporations, ex- assessed within 10 days after the notice and 6331(h)(3) was amended to add ‘‘property’’ to cluding, in computing such voting power or 55 demand. ‘‘goods or services’’ to allow the IRS to levy value, stock owned directly by such other The notice of intent to levy is not required 100 percent of any payment due to a Federal corporations. if the Secretary finds that collection would vendor with unpaid Federal tax liabilities in be jeopardized by delay. The standard for de- section 301 of the ‘‘3% Withholding Repeal Effective date.—The provision is effective termining whether jeopardy exists is similar and Job Creation Act,’’ Pub. L. No. 112–56. for repurchases after the date of enactment. to the standard applicable when determining L. Modification of Control Definition for whether assessment of tax without following CONFERENCE AGREEMENT Purposes of Section 249 (sec. 812 of the Sen- the normal deficiency procedures is per- ate amendment, sec. 1108 of the conference The conference agreement follows the Sen- mitted.56 agreement, and sec. 249 of the Code) ate amendment provision. The CDP notice (and pre-levy CDP hearing) is not required if the Secretary finds that PRESENT LAW M. Repeal of Expansion of Information Re- collection would be jeopardized by delay or In general, where a corporation repur- porting Requirements (sec. 1101 of the Sen- the Secretary has served a levy on a State to chases its indebtedness for a price in excess ate amendment) collect a Federal tax liability from a State of the adjusted issue price, the excess of the tax refund. In addition, a levy issued to col- repurchase price over the adjusted issue PRESENT LAW lect Federal employment taxes is excepted price (the ‘‘repurchase premium’’) is deduct- A variety of information reporting require- from the CDP notice and the pre-levy CDP ible as interest.60 However, in the case of in- ments apply under present law.62 These re- hearing requirement if the taxpayer subject debtedness that is convertible into the stock to the levy requested a CDP hearing with re- of (1) the issuing corporation, (2) a corpora- quirements are intended to assist taxpayers spect to unpaid employment taxes arising in tion in control of the issuing corporation, or in preparing their income tax returns and to the two-year period before the beginning of (3) a corporation controlled by the issuing help the IRS determine whether such returns the taxable period with respect to which the corporation, section 249 provides that any re- are correct and complete. The primary provi- employment tax levy is served. In each of purchase premium is not deductible to the sion governing information reporting by these three cases, however, the taxpayer is extent it exceeds ‘‘a normal call premium on payors requires an information return by provided an opportunity for a hearing within bonds or other evidences of indebtedness every person engaged in a trade or business 57 61 a reasonable period of time after the levy. which are not convertible.’’ who makes payments for services or deter- For purposes of section 249, the term ‘‘con- Federal payment levy program minable gains to any one payee aggregating trol’’ has the meaning assigned to such term To help the IRS collect taxes more effec- $600 or more in any taxable year in the by section 368(c). Section 368(c) defines ‘‘con- tively, the Taxpayer Relief Act of 1997 58 au- 63 trol’’ as ‘‘ownership of stock possessing at course of that payor’s trade or business. thorized the establishment of the Federal least 80 percent of the total combined voting Payments subject to reporting include fixed Payment Levy Program (‘‘FPLP’’), which al- power of all classes of stock entitled to vote or determinable income or compensation, lows the IRS to continuously levy up to 15 and at least 80 percent of the total number of but do not include payments for goods or percent of certain ‘‘specified payments,’’ shares of all other classes of stock of the cor- certain enumerated types of payments that such as government payments to Federal poration.’’ Thus, section 249 can apply to contractors (including vendors) that are de- are subject to other specific reporting re- debt convertible into the stock of the issuer, 64 linquent on their tax obligations. With requirements. The payor is required to pro- the parent of the issuer, or a first-tier sub- spect to Federal payments to vendors of vide the recipient of the payment with an sidiary of the issuer. goods, services, or property, the continuous annual statement showing the aggregate levy may be up to 100 percent of each pay- HOUSE BILL payments made and contact information for ment.59 The levy (either up to 15 percent or No provision. the payor.65 The regulations generally pro- up to 100 percent) generally continues in ef- SENATE AMENDMENT vide exceptions from reporting of payments fect until the liability is paid or the IRS re- The provision modifies the definition of leases the levy. ‘‘control’’ in section 249(b)(2) to incorporate Under FPLP, the IRS matches its accounts indirect control relationships of the nature receivable records with Federal payment described in section 1563(a)(1). Section records maintained by the Department of the 1563(a)(1) defines a parent-subsidiary con- Treasury’s Financial Management Service trolled group as one or more chains of cor- (‘‘FMS’’), such as certain Social Security porations connected through stock owner- benefit and Federal wage records. When ship with a common parent corporation if (1) these records match, the delinquent tax- 62 Secs. 6031 through 6060. stock possessing at least 80 percent of the payer is provided both the notice of inten- 63 Sec. 6041(a). Information returns are generally total combined voting power of all classes of tion to levy and the CDP notice. If the tax- submitted electronically on Forms 1096 and Forms stock entitled to vote or at least 80 percent payer does not respond after 30 days, the IRS 1099, although certain payments to beneficiaries or of the total value of shares of all classes of can instruct FMS to levy the taxpayer’s Fed- employees may require use of Forms W093 and W092, stock of each of the corporations, except the respectively. Treas. Reg. sec. 1.6041091(a)(2). The re- eral payments. Subsequent payments are common parent corporation, is owned (with- quirement that businesses report certain payments continuously levied until such time that the in the meaning of subsection (d)(1)) by one or is generally not applicable to payments by persons tax debt is paid or IRS releases the levy. more of the other corporations; and (2) the engaged in a passive investment activity. However, HOUSE BILL common parent corporation owns (within the for a brief period starting in 2011, the recipients of No provision. meaning of subsection (d)(1)) stock pos- rental income from real estate were generally sub- sessing at least 80 percent of the total com- ject to the same information reporting requirements SENATE AMENDMENT as taxpayers engaged in a trade or business such bined voting power of all classes of stock en- The provision amends section 6331(h)(3) to that recipients of rental income making payments add ‘‘property’’ to ‘‘goods or services’’ to of $600 or more to a service provider (such as a allow the IRS to levy 100 percent of any pay- 60 See Treas. Reg. sec. 1.163–7(c). plumber, painter, or accountant) in the course of 61 ment due to a Federal vendor with unpaid Regulations under section 249 provide that ‘‘[f]or earning rental income were required to provide an a convertible obligation repurchased on or after information return to the IRS and to the service Federal tax liabilities, including payments March 2, 1998, a call premium specified in dollars made for the sale or lease of real estate and provider. Small Business Jobs Act of 2010, Pub. L. under the terms of the obligation is considered to be No. 111–240, sec. 2101, September 27, 2010. This rule other types of property not considered a normal call premium on a nonconvertible obliga- was repealed in the Comprehensive 1099 Taxpayer ‘‘goods or services.’’ tion if the call premium applicable when the obliga- Protection and Repayment of Exchange Subsidy Effective date.—The provision is effective tion is repurchased does not exceed an amount equal Overpayments Act of 2011, Pub. L. No. 112–9, sec. 3, to the interest (including original issue discount) for levies issued after the date of enactment. April 14, 2011. that otherwise would be deductible for the taxable 64 Sec. 6041(a) requires reporting as to ‘‘other fixed year of repurchase (determined as if the obligation 55 Sec. 6321. were not repurchased).’’ Treas. Reg. sec. 1.249–1(d)(2). or determinable gains, profits, and income (other 56 Secs. 6331(d)(3), 6861. Where a repurchase premium exceeds a normal call than payments to which section 6042(a)(1), 6044(a)(1), 57 Sec. 6330(f). premium, the repurchase premium is still deductible 6047(c), 6049(a) or 6050N(a) applies and other than 58 Pub. L. No. 105–34. to the extent that it is attributable to the cost of payments with respect to which a statement is re- 59 Sec. 6331(h)(3). The word ‘‘property’’ was added borrowing (e.g., a change in prevailing yields or the quired under authority of section 6042(a), 6044(a)(2) to ‘‘goods or services’’ in section 301 of the ‘‘3% issuer’s creditworthiness) and not attributable to or 6045)[.]’’ The payments thus excepted include Withholding Repeal and Job Creation Act,’’ Pub. L. the conversion feature. See Treas. Reg. sec. 1.249– most interest, royalties, and dividends. No. 112–56. 1(e). 65 Sec. 6041(d).

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to corporations,66 exempt organizations, gov- HOUSE BILL Current law includes an eight-year regu- ernmental entities, international organiza- No provision. latory ‘‘waiting period,’’ starting with the tions, or retirement plans.67 However, the first FAA-licensed launch of a ‘‘spaceflight SENATE AMENDMENT following types of payments to corporations participant’’ (a person who pays to experi- must be reported: Medical and health care The provisions repeals section 9006 of the ence spaceflight), during which commercial payments; 68 fish purchases for cash; 69 attor- Patient Protection and Affordable Care Act, spaceflight providers would not be subject to ney’s fees; 70 gross proceeds paid to an attor- Pub. L. No. 111–148, which expanded the class any FAA regulation, barring any perceived ney; 71 substitute payments in lieu of divi- of payments subject to reporting to include or realized endangerment of public safety. 72 payments made to corporations and pay- dends or tax-exempt interest; and pay- Senate bill ments by a Federal executive agency for ments of gross proceeds paid in consideration No similar provision. services.73 for any type of property. Detailed rules are provided for the report- Effective date.—The provision is effective Conference Substitute ing of various types of investment income, on the date of enactment. House bill modified to prohibit proposing including interest, dividends, and gross pro- CONFERENCE AGREEMENT regulations until October 1, 2015. Nothing in this provision is intended to prohibit the ceeds from brokered transactions (such as a The conference agreement does not include 74 FAA and industry stakeholders from enter- sale of stock). In general, the requirement the Senate amendment provision. The ex- ing into discussions intended to prepare the to file Form 1099 applies with respect to panded information reporting requirements FAA for its role in appropriately regulating amounts paid to U.S. persons and is linked for payments made to corporations and for the commercial space flight industry when to the backup withholding rules of section payments of gross proceeds paid in consider- this provision expires. 3406. Thus, a payor of interest, dividends or ation for any type of property were repealed gross proceeds generally must request that a in section 2 of the ‘‘Comprehensive 1099 Tax- SENATE TITLE X—RESCISSION OF UN- U.S. payee (other than certain exempt re- payer Protection and Repayment of Ex- USED TRANSPORTATION EARMARKS cipients) furnish a Form W–9 providing that change Subsidy Overpayments Act of 2011,’’ AND GENERAL REPORTING REQUIRE- person’s name and taxpayer identification Pub. L. No. 112–9. MENTS 75 number. That information is then used to DEFINITIONS N. Tax Complexity Analysis complete the Form 1099. H—/S1001 Failure to comply with the information re- Section 4022(b) of the Internal Revenue porting requirements results in penalties, Service Restructuring and Reform Act of House bill which may include a penalty for failure to 1998 (the ‘‘IRS Reform Act’’) requires the No similar provision. file the information return,76 and a penalty Joint Committee on Taxation (in consulta- Senate bill for failure to furnish payee statements,77 or tion with the Internal Revenue Service and Section 1001 defines the term ‘‘earmark’’ as failure to comply with other various report- the Department of the Treasury) to provide a congressionally directed spending item as ing requirements.78 a tax complexity analysis. The complexity defined by Senate rules or a congressional analysis is required for all legislation re- earmark as defined by the rules of the House. 66 The regulatory carveout for payments to cor- ported by the Senate Committee on Finance, Conference Substitute the House Committee on Ways and Means, or porations was expressly overridden for payments House bill. made after December 31, 2011 in the Patient Protec- any committee of conference if the legislation and Affordable Care Act (‘‘PPACA’’), Pub. L. tion includes a provision that directly or in- RESCISSION No. 11109148, sec. 9006 March 23, 2010, which expanded directly amends the Internal Revenue Code H—/S1002 the class of payments subject to reporting to include (the ‘‘Code’’) and has widespread applica- House bill payments to corporations and payments of gross bility to individuals or small businesses. proceeds paid in consideration for any type of prop- No similar provision. erty. However, these rules were repealed in the Com- The staff of the Joint Committee on Tax- Senate bill ation has determined that a complexity prehensive 1099 Taxpayer Protection and Repayment Section 1002 rescinds DOT earmark funds analysis is not required under section 4022(b) of Exchange Subsidy Overpayments Act of 2011, Pub. with more than 90 percent of the amount re- L. No. 112–9, sec. 2, April 14, 2011. of the IRS Reform Act because the bill con- maining available for obligation at the end 67 Treas. Reg. sec. 1.6041093(p). Certain for-profit tains no provisions that have ‘‘widespread of the 9th fiscal year following the fiscal health provider corporations are not covered by this applicability’’ to individuals or small busi- year in which the earmark was made avail- general exception, including those organizations nesses. providing billing services for such companies. able for obligation. Also, it provides an ex- 68 Sec. 6050T. TITLE XII—COMPLIANCE WITH ception if the Secretary of Transportation 69 Sec. 6050R. STATUTORY PAY-AS-YOU-GO ACT OF 2010 determines that additional obligation of the 70 Sec. 6045(f)(1) and (2); Treas. Reg. secs. COMPLIANCE PROVISION earmark is likely to occur during the fol- 1.6041091(d)(2) and 1.6045095(d)(5). lowing 12 month period. 71 Ibid. H1201/S901 72 Sec. 6045(d). House bill Conference Substitute 73 Sec. 6041A(d)(3). In addition, section 6050M pro- House bill. vides that the head of every Federal executive agen- Section 1201 specifies that the budgetary AGENCY WIDE IDENTIFICATION AND REPORTS cy that enters into certain contracts must file an in- effects of this Act, in complying with the formation return reporting the contractor’s name, Statutory Pay-As-You-Go act of 2010, shall H—/S1003 address, TIN, date of contract action, amount to be be determined by reference to the latest House bill paid to the contractor, and any other information statement titled ‘‘Budgetary Effects of No similar provision. required by Forms 8596 (Information Return for Fed- PAYGO Legislation’’ for this Act. eral Contracts) and 8596A (Quarterly Transmittal of Senate bill Information Returns for Federal Contracts). Senate bill Section 1003 requires each federal agency 74 Secs. 6042 (dividends), 6045 (broker reporting) and Section 901 provides that the budgetary ef- to identify and report every project that is 6049 (interest), as well as the Treasury regulations fects of the amendment, for purposes of com- an earmark with an unobligated balance at thereunder. plying with the Statutory Pay-As-You-Go- 75 See Treas. Reg. sec. 31.3406(h)–3. the end of each fiscal year to the Director of 76 Sec. 6721. The penalty for failure to file an infor- Act of 2010, shall be determined by reference the Office of Management and Budget (OMB). mation return generally is $100 for each return for to the ‘‘Budgetary Effects’’ statement of the Also, it requires the Director of OMB to sub- which such failure occurs. The total penalty im- House and Senate Budget Committee Chair- mit an annual report on these earmarks to posed on a person for all failures during a calendar men provided that such statement has been Congress and publically post the report on year cannot exceed $1,500,000. Additionally, special submitted prior to the vote on passage in the the OMB website. rules apply to reduce the per-failure and maximum House acting first on this conference report Conference Substitute penalties where the failure is corrected within a or amendments between the Houses. specified period. Small Business Jobs Act of 2010, House bill. Pub. L. No. 111–240, sec. 2102, September 27, 2010. Conference Substitute SENATE TITLE XI—REPEAL OF EXPAN- 77 Sec. 6722. The penalty for failure to provide a Senate bill. SION OF INFORMATION REPORTING RE- correct payee statement is $100 for each statement with respect to which such failure occurs, with the TITLE XIII—COMMERCIAL SPACE QUIREMENTS total penalty for a calendar year not to exceed COMMERCIAL SPACE LAUNCH LICENSE REPEAL OF EXPANSION OF INFORMATION $1,500,000. Special rules apply that increase the per- REQUIREMENTS REPORTING REQUIREMENTS statement and total penalties where there is inten- H—/S1101 tional disregard of the requirement to furnish a H1301/S— payee statement. Small Business Jobs Act of 2010, House bill House bill Pub. L. No. 111–240, sec. 2102, September 27, 2010. No similar provision. 78 Section 1301would extend the original eight Sec. 6723. The penalty for failure to timely com- Senate bill ply with a specified information reporting require- year learning period passed in the Commer- ment is $50 per failure, not to exceed $100,000 for a cial Space Launch Amendments Act of 2004, Section 1101 repeals a section of the Pa- calendar year. which expires in 2012. tient Protection and Affordable Care Act

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which required businesses to report pur- MARIA CANTWELL, Florida (Mr. ROSS) and the gentleman chases of $600 or more to the Internal Rev- KAY BAILEY HUTCHISON, from Maryland (Mr. CUMMINGS) each enue Service (IRS). JOHNNY ISAKSON, will control 20 minutes. Conference Substitute From the Committee on Finance: The Chair recognizes the gentleman Senate bill dropped because the language MAX BAUCUS. Managers on the Part of the Senate. from Florida. was used to create P.L. 112–9, The Com- GENERAL LEAVE prehensive 1099 Taxpayer Protection and Re- f Mr. ROSS of Florida. Madam Speak- payment of Exchange Subsidy Overpayments b 1230 Act of 2011. er, I yield myself such time as I may TITLE XII—EMERGENCY MEDICAL ANNOUNCEMENT BY THE SPEAKER consume, and I ask unanimous consent SERVICE PROVIDERS PROTECTION ACT PRO TEMPORE that the Members may have 5 legislative days within which to revise and DALE LONG EMERGENCY MEDICAL SERVICES The SPEAKER pro tempore (Mrs. extend their remarks and include ex- PROVIDERS PROTECTION ACT MILLER of Michigan). Pursuant to H—/S1201,1211,1212,1213 clause 8 of rule XX, the Chair will post- traneous material on the bill under House bill pone further proceedings today on mo- consideration. The SPEAKER pro tempore. Is there No similar provision. tions to suspend the rules on which a objection to the request of the gen- Senate bill recorded vote or the yeas and nays are tleman from Florida? ordered, or on which the vote incurs Section 1201 provides liability protection There was no objection. for volunteer pilots that fly for public ben- objection under clause 6 of rule XX. Mr. ROSS of Florida. Madam Speak- efit, including transportation at no cost to Record votes on postponed questions er, I rise today in strong support of financially needy medical patients for med- will be taken later today. ical treatment, evaluation and diagnosis; H.R. 3835, to extend the pay limitation f flights for humanitarian and charitable pur- for Members of Congress and Federal poses; and other flights of compassion. TO EXTEND THE PAY LIMITATION employees. Our Federal employees pro- Section 1211 provides a title for the sub- FOR MEMBERS OF CONGRESS vide an essential work function for the title, the ‘‘Volunteer Pilot Protection Act of AND FEDERAL EMPLOYEES Federal Government. They’re good peo- 2011.’’ ple. They do good work. And they do Section 1212 states findings of Congress on Mr. ROSS of Florida. Madam Speak- the necessity of protections for pilots who er, I move to suspend the rules and good work so long as it’s essential gov- volunteer their services. pass the bill (H.R. 3835) to extend the ernment functions. We appreciate their Section 1213 allows pilots who operate vol- pay limitation for Members of Con- service, and believe Federal employees unteer flights for most charitable institu- gress and Federal employees. should be compensated fairly. tions to receive reimbursement form those The Clerk read the title of the bill. Yet, current Federal salaries and institutions for some operations costs in- The text of the bill is as follows: benefits are not in line with the mar- cluding fuel. H.R. 3835 ketplace when compared to the private Conference Substitute Be it enacted by the Senate and House of Rep- workforce. Federal civilian workers re- No provision. resentatives of the United States of America in ceive generous benefits, pay, and job Pursuant to clause 9 of rule XXI of the Congress assembled, security. In fact, there is a four times Rules of the House of Representatives, no greater chance of losing your job in the provision in this conference report or joint SECTION 1. EXTENSION OF PAY LIMITATION. explanatory statement includes a congres- (a) IN GENERAL.—Section 147 of the Con- private sector than there is with the sional earmark, limited tax benefit, or lim- tinuing Appropriations Act, 2011 (Public Law Federal workforce. ited tariff benefit. 111–242; 5 U.S.C. 5303 note), as added by sec- Our Federal workforce performs es- From the Committee on Transportation and tion 1(a) of the Continuing Appropriations sential functions. We appreciate their Infrastructure, for consideration of the and Surface Transportation Extensions Act, service, and believe Federal employees 2011 (Public Law 111–322; 124 Stat. 3518), is House bill and the Senate amendment, and should be compensated fully. modifications committed to conference: amended— (1) in subsection (b)(1), by striking ‘‘De- On Monday, the Congressional Budg- JOHN L. MICA, cember 31, 2012’’ and inserting ‘‘December 31, et Office released a study which found THOMAS E. PETRI, 2013’’; and that total compensation for Federal JOHN J. DUNCAN, Jr., (2) in subsection (c), by striking ‘‘Decem- SAM GRAVES, employees was 16 percent greater than ber 31, 2012’’ and inserting ‘‘December 31, BILL SHUSTER, for private sector workers. When they 2013’’. JEAN SCHMIDT, looked at the benefits of hardworking (b) APPLICATION TO LEGISLATIVE BRANCH.— CHIP CRAVAACK, taxpayers, they take home 72 percent (1) MEMBERS OF CONGRESS.—The extension NICK J. RAHALL II, of the pay limit for Federal employees less in benefits than their government PETER A. DEFAZIO, through December 31, 2013, as established counterparts. JERRY F. COSTELLO, pursuant to the amendments made by sub- To top it off, these hardworking pri- LEONARD L. BOSWELL, section (a), shall apply to Members of Con- vate sector taxpayers, with a high RUSS CARNAHAN, From the Committee on Science, Space, and gress in accordance with section 601(a) of the school diploma or some college, make Technology, for consideration of sections 102, Legislative Reorganization Act of 1946 (2 32 to 36 percent less than Federal em- 105, 201, 202, 204, 208, 209, 212, 220, 321, 324, 326, U.S.C. 31). ployees with the same education level. THER LEGISLATIVE BRANCH EMPLOY- 812, title X, and title XIII of the House bill (2) O Those who work the hardest to pay EES.— and sections 102, 103, 106, 216, 301, 302, 309, 320, taxes are the ones bearing the burden (A) LIMIT IN PAY.—Notwithstanding any 327, title VI, and section 732 of the Senate other provision of law, no cost of living ad- of a bloated Federal government. amendment, and modifications committed to justment required by statute with respect to The contrast between the Federal conference: a legislative branch employee which (but for Government and private sector is trou- RALPH M. HALL, this subparagraph) would otherwise take ef- bling. With 13 million Americans un- STEVEN M. PALAZZO, fect during the period beginning on the date EDDIE BERNICE JOHNSON, employed, why would we allow auto- From the Committee on Ways and Means, for of enactment of this Act and ending on De- matic raises to occur for a group of consideration of title XI of the House bill cember 31, 2013, shall be made. workers whose average compensation EFINITION.—In this paragraph, the and titles VIII and XI of the Senate amend- (B) D exceeds $100,000, and for the Members term ‘‘legislative branch employee’’ means— ment, and modifications committed to con- (i) an employee of the Federal Government of Congress, whose compensation is ference: whose pay is disbursed by the Secretary of $174,000? DAVE CAMP, the Senate or the Chief Administrative Offi- The reality is that the Federal Gov- PATRICK J. TIBERI, cer of the House of Representatives; and ernment has no incentive or no obliga- SANDER M. LEVIN, (ii) an employee of any office of the legisla- Managers on the Part of the House. tion to reduce salaries in order to be tive branch who is not described in clause (i). JOHN D. ROCKEFELLER IV, competitive to stay in business. We BARBARA BOXER, The SPEAKER pro tempore. Pursu- simply raise taxes, or we go into more BILL NELSON, ant to the rule, the gentleman from debt. And our government continues to

VerDate Sep 11 2014 12:49 Feb 24, 2017 Jkt 019102 PO 00000 Frm 00085 Fmt 0688 Sfmt 0634 E:\BR12\H01FE2.001 H01FE2 rmajette on DSK2TPTVN1PROD with BOUND RECORD 688 CONGRESSIONAL RECORD—HOUSE, Vol. 158, Pt. 1 February 1, 2012 borrow. Just yesterday, for example, ever, our appreciation for their service signed by George Bush who worked the CBO released a report that our Fed- does not bring a mandate to pay them with President Bush’s OMB and OPM eral budget deficit will top another $1 above market rates, with little regard on this legislation, obviously one of the trillion for a fourth straight year in a to their individual performance. things we did was to say if the private row. This is unprecedented. It is In its March 2011 report to the Presi- sector doesn’t get an increase, the pub- unsustainable. dent, the Pay Agent—and let’s go over lic sector won’t get an increase. We The President’s fiscal commission, a who the Pay Agent is. The Pay Agent keyed the increases to the economic bipartisan commission, the Simpson- makes up the Secretary of Labor and cost index, which is all to say that we Bowles Commission, a commission the Directors of the Office of Manage- need to tighten our belts when the pri- which not only the President but this ment and Budget and the Office of Per- vate sector tightens their belts. Congress should consider, has rec- sonnel Management, all appointed by Which is why, as I think I caught the ommended a 3-year freeze on civilian the President, all approved by a Demo- gentleman’s reference, that over the payroll and Member pay. In its report, cratic-controlled Senate. This is what last 2 years, Federal employees have in the Commissioners reminded us that they say. They express serious concern fact received cuts to existing law which ‘‘in time of budget shortfalls, all levels about a process that requires a single will result in a $60 billion savings. I of government must trim back.’’ Fol- percentage adjustment in the pay of all think the gentleman said that, but it lowing this advice, the President, to white collar civilian Federal employees bears repeating. It’s not as if the Fed- his credit, did recommend, and this in each locality area. Adding to their eral employees haven’t tightened their Congress did freeze Federal employee comments: We believe the underlying belts. They have. In point of fact, the pay through 2012. This measure alone model and methodology for estimating pay council to which he referred be- saved the Federal Government $60 bil- pay gaps should be reexamined to en- lieves on average that Federal employ- lion. sure that the private sector and Fed- ees are in fact behind, not ahead. As Americans continue to sacrifice, eral sector pay comparisons are as ac- Now, I’m aware of the CBO report we must lead by example. H.R. 3835 curate as possible. that was just issued. Mr. CUMMINGS has continues the temporary freeze on There is a reason why the Federal responded to that. Clearly, what they across-the-board annual salary adjust- pay law has never been implemented as said is there is a disparity. Those on ments for Federal civilian workers. originally enacted. It is based on an the lower end of the scale are doing Federal employees will continue to outdated, one-size-fits-all model. In better. Those on the upper end of the scale aren’t doing so well. None of receive salary increases under the step testimony before the Federal Work- them are getting paid as much as the program. Now, this has been going on, force Subcommittee, Director Berry gentleman is who made this speech or even despite the Federal pay freeze, a agreed that the Federal pay system that I’m getting. None of them are step increase, 3 percent every year. 99.9 could use a reexamination, and it ‘‘does percent of all Federal employees eligi- making as much as we are. not reflect the complexity of the world Now, what we have here is a very ble for a step increase received it. we live in.’’ clever political effort to have Members Where else can a pay freeze equal a 3 Study after study has shown that, vote either for their pay or against percent increase a year but in Wash- when compared to the private sector, their pay being adjusted by a cost-of- ington, DC? the Federal Government, on average, living adjustment. Office of Personnel Management Di- pays more than required to recruit and I’m going to vote against this bill. I rector Berry said that there should be retain a skilled workforce. Paying am for bringing a bill to this floor no place in the Federal Government for across-the-board wages that are higher which will freeze our salaries, and I non-performers to hide. This chart than market rate with no measure of would hope that a unanimous consent proves that we continue to fund gov- individual performance means less to do so would not be objected to on ernment at a rate well in excess of that money available to meet the salary re- your side of the aisle. I’ve been for that given to the private sector. quired of highly skilled workers such for the last 2 years, and I have worked If we want to look for ways to cut, as scientists and professionals, as this in a bipartisan way over the years not maybe we should look in some of the graph accurately demonstrates. to demagogue Members and have Mem- Federal office buildings, because 6 out We need to bring these high-level bers get cost-of-living adjustment. The of every 1,000 employees do not receive professionals in the Federal Govern- sponsor of this bill, as a matter of fact, a 3 percent increase, despite a pay ment in parity with the others, and is quoted as saying how much dif- freeze. These step increases which con- this bill will allow us to do that. It ficulty he’s having supporting his fam- tinue under this bill, if passed, will re- shows where we are out of whack from ily on his salary. sult in a $1,303 average annual salary the private sector. Now, the fact of the matter is we increase per Federal employee. Madam Speaker, I ask Members and ought to put a bill on this floor and The bill before us today builds on the Federal employees to share in the sac- freeze our salaries. Federal employees President’s fiscal commission. It fol- rifice necessary to help millions of have already contributed $60 billion of lows the President’s request to freeze Americans suffering under the Obama benefits to which they otherwise would Federal pay for Federal employees. It economy, and urge support of H.R. 3835. have been entitled because we, for the is consistent with the House resolu- I reserve the balance of my time. last 2 years, with my support, have fro- tion, and mirrors the provisions of the Mr. CUMMINGS. Madam Speaker, I zen their salaries at the cost-of-living Middle Class Tax Relief and Job Cre- yield myself such time as I may con- adjustment. ation Act of 2011 passed by this House sume. Now, ladies and gentlemen, I would last December. I stand in strong opposition to this hope that the bill that is sponsored by Opponents of this bill will argue that legislation, but I want to yield 3 min- Mr. VAN HOLLEN, that there would not Federal employees have already done utes to the gentleman from Maryland be an objection to a unanimous consent more with less for the last 2 years. (Mr. HOYER). request to bring that bill to the floor They will claim that supporters of this b 1240 so that Members could express that, bill view Federal employees as a cost yes, we’re prepared to tighten our belts to cut, and that we want to cut the Mr. HOYER. Madam Speaker, I lis- one more notch. budget on the backs of Federal employ- tened to the gentleman’s comments. The SPEAKER pro tempore. The ees. I disagree with that. The gentleman is new to the Congress time of the gentleman has expired. We have been fortunate, very fortu- and probably doesn’t have the back- Mr. CUMMINGS. I yield the gen- nate throughout the years to have a ground in terms of how this developed tleman 1 additional minute. very good Federal workforce, to have as to how we pay Federal employees. Mr. HOYER. But what we should not talented and hardworking individuals As the sponsor of the Federal Em- do is pretend that we’re going to bal- who have chosen public service. How- ployee Pay Comparability Act in 1990, ance the budget by undermining middle

VerDate Sep 11 2014 12:49 Feb 24, 2017 Jkt 019102 PO 00000 Frm 00086 Fmt 0688 Sfmt 0634 E:\BR12\H01FE2.001 H01FE2 rmajette on DSK2TPTVN1PROD with BOUND RECORD February 1, 2012 CONGRESSIONAL RECORD—HOUSE, Vol. 158, Pt. 1 689 class workers, middle class workers As a result, the Federal Government ing money out of the pockets of middle who work for, in my opinion, the finest pays comparatively higher compensa- class public servants. country on Earth and who give excel- tion and provides more generous bene- For these reasons, last week I led 17 lent service, extraordinary service to fits and job security than private em- Members in sending a letter to con- the people of this country, and who, ployers. ferees working on extending the pay- per capita, are fewer than they were 20 It’s offensive to those unemployed roll tax cut urging them to reject any years ago per capita. Americans struggling to find a job to and all measures that would dispropor- The fact of the matter is that we see unionized Federal employees con- tionately harm Federal workers. I will ought to have a bill, we ought to pass tinue to enjoy comparatively high continue to oppose any measure that Mr. VAN HOLLEN’s bill, we ought to compensation which is used to pay would further cut Federal employee take the politics out of this. dues to government unions which pay or benefits. The SPEAKER pro tempore. The spend heavily to elect politicians who Madam Speaker, I’m disappointed time of the gentleman has again ex- promise them concessions. but not surprised given the way the pired. According to the Heritage Founda- majority has run the House that we are Mr. CUMMINGS. I yield the gen- tion: ‘‘Government unions were the top now considering this bill under regular tleman an additional 10 seconds. political spenders outside the two order. Instead, the majority introduced Mr. HOYER. Then I tell my friends major parties in the 2010 election a bill on Friday in a pro forma session what we ought to do is we ought to cycle.’’ and is now rushing it to the House floor pass a big deal. We ought to pass a $4 That’s why I’m pleased Mr. DUFFY is before any action by appropriate com- trillion to $5 trillion to $6 trillion big offering H.R. 3835, which is a modest mittees can be taken. deal to get the fiscal house of the bill estimated to save taxpayers $26.2 b 1250 United States of America in order. It billion. This bill also freezes the pay of ought to include all things on the table Members of Congress, which so many I am also disappointed that this including Federal employee pay and taxpayers believe is important in dem- measure was placed on the suspension benefits, including the military pay onstrating our shared commitment to calendar, thereby blocking any amend- and benefits and expenditures, and do- reining in the spiraling Federal ledger. ments to the underlying legislation. mestic expenditures, as well as entitle- I urge my colleagues to support this Finally, I am disappointed that this ments. I’ve said that. That’s what we bill. bill unfairly links the pay of Federal ought to do. We ought not to piecemeal Mr. CUMMINGS. Madam Speaker, I employees to the pay of Members of it as this bill reflects. yield myself such time as I may con- Congress. I hope that we’ll support Mr. VAN sume. I strongly support Mr. VAN HOLLEN’s HOLLEN’s bill. bill. The merits of pay increases for Mr. ROSS of Florida. I yield 3 min- I stand in strong opposition to this Federal workers should be debated sep- utes to my colleague from the great bill. Federal workers, Madam Speaker, are literally the backbone of our gov- arately from our consideration of the State of North Carolina (Ms. FOXX). Ms. FOXX. Madam Speaker, I thank ernment. They support our troops on pay of Members of Congress. In short, this bill appears to be a disingenuous Mr. DUFFY for introducing this bill. the battlefield, and they take care of As a consistent opponent of auto- our veterans when they return home. and disrespectful attack against Fed- matic pay increases for Members of They protect our borders, safeguard eral workers and the regular order of Congress, I am pleased to support the our food supply, ensure that seniors re- the House. bill before us today which would extend ceive their Social Security checks, and For these reasons, I strongly urge the pay freeze for Federal employees hunt down terrorists like Osama bin Members to oppose the bill, and I call and Members of Congress for another Laden. They carry out each and every on the House leadership to allow us to year through December 31, 2013. Federal program, service, and initia- consider legislation through regular With the record-shattering budget tive Congress has created. order that does not punish Federal deficits racked up under the Obama ad- Despite the critical nature of the workers in order to score political ministration, immediate action is services that Federal workers provide, points. needed to restrain runaway govern- the majority believes that their pay I reserve the balance of my time. ment increases and do no more harm to should be frozen for yet another year, Mr. ROSS of Florida. I yield 5 min- hardworking American taxpayers. that their retirement benefits should utes to the sponsor of this bill, my dis- President Obama’s liberal Democrat be slashed, and that the size of the Fed- tinguished colleague from Wisconsin enablers in Congress attempt to ignore eral workforce should be reduced (Mr. DUFFY). the true solution by suggesting endless sharply, even though it is smaller now Mr. DUFFY. I appreciate the gen- tax increases, which never have and than it was under Presidents Reagan tleman from Florida for yielding. never will represent the long-term so- and George H.W. Bush. I think it is important that we re- lution to our budget problem. Federal workers have already made view the history of Federal employee Excessive pay is part and parcel of a tremendous sacrifices to address our pay freezes. In the last Congress, this Federal Government that’s too large Nation’s budget deficits. The 2-year came up under a Democrat-controlled and over budget. While the Federal pay freeze to which they are currently House, a Democrat-controlled Senate, Government will never be subject to subject will save taxpayers $60 billion. and a Democrat President. They voted market forces the way the private sec- Further, Federal workers face the pos- for a 2-year payroll freeze for Federal tor is, fundamental reform of the Fed- sibility of layoffs and furloughs in employees. They rightly excluded our eral compensation system is needed. coming years as automatic spending military, and I think everyone in this The simple truth also is that Federal reductions mandated by the Budget House agrees that our military should employees are more highly unionized Control Act of 2011 reduce agency budg- get a pay increase. But who they than their counterparts in the private ets for salaries. wrongly failed to include in the pay sector. According to a CBO report The only workable solution to our freeze were Members of Congress. They issued last month: ‘‘The Federal Gov- country’s budget deficit is a balanced didn’t include Members of Congress, ernment and the private sector also one that includes shared sacrifice, in- but every other Federal worker they differ in the extent to which their cluding from the wealthiest among us. did include. workers are represented by unions, To date, however, our Republican ma- So now, today, I’ve brought a bill to which can influence employees’ com- jority has yet to bring before this the floor to extend the pay freeze for pensation. About 21 percent of Federal House a single bill that will require one more year. My bill is the exact workers are members of unions, com- millionaires and billionaires to con- same bill as the Democrats’ bill from 2 pared to only 8 percent of private sec- tribute more toward deficit reduction. years ago. The only difference is that tor workers.’’ Instead, they are preoccupied with tak- I’ve carved in Members of Congress.

VerDate Sep 11 2014 12:49 Feb 24, 2017 Jkt 019102 PO 00000 Frm 00087 Fmt 0688 Sfmt 0634 E:\BR12\H01FE2.001 H01FE2 rmajette on DSK2TPTVN1PROD with BOUND RECORD 690 CONGRESSIONAL RECORD—HOUSE, Vol. 158, Pt. 1 February 1, 2012 Every Member in this House will have want the argument to be that my lems that they had nothing to do his pay frozen just like every other friends across the aisle don’t really with—they had nothing to do with the Federal worker’s. That is the right care about the Federal employee pay meltdown on Wall Street; they had thing to do. That’s what should have freeze and that they only care about nothing to do with the policies of the been done 2 years ago but was not done. their own pay freeze, because that is previous administration that helped I was here to listen to the gentleman the only difference. The only difference bring our economy to this position. Yet from Maryland, the former majority in my bill is that I’ve included Mem- what we’re seeing today is what we’re leader, who is outraged that he doesn’t bers of Congress. seeing in States, where we have Gov- have an opportunity to singly vote for This makes sense. Let’s come to- ernors in Wisconsin, where we have a pay freeze for Members of Congress. gether. The American people are sick Governors in Ohio, where we have Yet, as the majority leader, he had the of the partisan bickering. They would other, mostly Republican, Governors opportunity to include Members of expect that there are issues on the left scapegoating public servants in their Congress in his bill. Republicans didn’t and that there are issues on the right States and singling them out as if they have a say. It was a Democrat House, a that this House could and should fight were the problem. Democrat Senate, a Democrat Presi- about, but I think they’re sick of com- The SPEAKER pro tempore. The dent, and Members of Congress were monsense issues that come down in the time of the gentleman has expired. not included. Now to come here today middle that we should agree on. Let’s Mr. CUMMINGS. I yield the gen- and to be outraged and say that the Re- get together. Let’s pass this bill. Let’s tleman an additional 30 seconds. publicans are disingenuous because we freeze Federal employees’ salaries for Mr. VAN HOLLEN. I thank the gen- have carved in Members of Congress one more year. tleman for yielding. doesn’t hold water. Mr. CUMMINGS. I yield 2 minutes to Federal employees have already seen I think it is important to also look at the distinguished gentleman from a 2-year freeze, which saved $60 billion, the facts behind Federal employees as Maryland (Mr. VAN HOLLEN). and Federal employees are willing to they are compared to the private sec- Mr. VAN HOLLEN. Madam Speaker, do their share. What we should not do tor. The Congressional Budget Office I think the record should be clear that is single them out. Now, the President came out and said that Federal em- every year that the Congress has frozen has asked for a one-half percent cost- ployees make 16 percent more on aver- Federal employee pay, we have also of-living adjustment. That still is short age than those in the private sector. At frozen congressional pay. What we have of the 1.7 percent cost-of-living that this point, what my friends across the not done is try to hold Federal em- they will face. aisle have come to the House floor to ployee pay hostage to what we do on So it’s time that we stop saying to say is, in a very difficult economy, we congressional pay. We should also be those folks who are out there every day want the private sector, which is really very clear that all of us on the Demo- helping keep our food safe, helping the American taxpayer—the ones who cratic side support freezing congres- track down Osama bin Laden, other have been forced to make concessions sional pay in the year 2013. people who help protect our borders, with regard to pay, the ones who have Indeed, Mr. CUMMINGS and I, Mr. and do other things that we’re going to been asked to work less hours to keep HOYER and others have introduced leg- single them out for unfair treatment as their jobs—my friends across the aisle islation to do just that. It’s H.R. 3858. part of the budget. Let’s take it up as come to the House floor and say, what The Democratic leadership asked that part of the full budget and not single we want these American taxpayers to we be able to bring that up on the sus- them out the way we’re doing here. do is to not get a pay raise themselves, pension calendar today, and we were CONGRESS OF THE UNITED STATES, but to pay for a pay increase for Fed- denied that opportunity. HOUSE OF REPRESENTATIVES, eral workers who already make 16 per- So I now ask unanimous consent Washington, DC, February 1, 2012. cent more than they do. that, after we complete debate on this Hon. ERIC I. CANTOR, That doesn’t make sense. I hear a lot bill, we add to today’s suspension cal- Majority Leader, of conversation from my friends across endar H.R. 3858 so that we can vote as House of Representatives. the aisle about fairness and parity. a body on freezing congressional pay. REPRESENTATIVE CANTOR: We are writing to request that the bill, H.R. 3858 to extend Well, I think you should start to use The SPEAKER pro tempore. Under the pay freeze on Members of Congress, be the term ‘‘fairness’’ today. There the guidelines consistently issued by placed on the suspension calendar. Federal should be parity between the private successive Speakers, as recorded on employees have seen no cost-of-living adjust- sector and the public sector. page 752 of the House Rules and Man- ment for two years and will lose $60 billion I come from central and northern ual, the Chair is constrained not to en- in income over 10 years. Wisconsin, and we have a large manu- tertain the gentleman’s request unless We believe that members should have the facturing sector in the community in it has been cleared by the bipartisan opportunity to vote to freeze the pay of my district. Time and time again, floor and committee leaderships. members of Congress without cutting pay for all Federal employees. there are rules, there are regulations, Mr. VAN HOLLEN. This illustrates Sincerely, there is red tape, and there are taxes the point exactly. CHRIS VAN HOLLEN, that attack our way of life that come As I said, Madam Speaker, we have Member of Congress. from this town of Washington, that at- been denied that opportunity by the NANCY PELOSI, tack the way of life in Wisconsin. We Republican leadership, so I want to Member of Congress. bring it up. We talk about it. We com- just be clear. STENY H. HOYER, plain about it. And guess what? My We were denied the opportunity Member of Congress. friends across the aisle turn a deaf ear today to have an up-or-down vote on Mr. ROSS of Florida. I yield 5 min- to our complaints. But today we’re freezing congressional pay. That’s what utes to the distinguished gentleman going to do a 1-year extension of a Fed- we should do, and the refusal to allow from Utah (Mr. CHAFFETZ). eral employee pay freeze, and they are us to do that demonstrates that what Mr. CHAFFETZ. I want to thank the outraged by that. They are listening, we’re really seeing is an effort to use gentleman from Wisconsin for bringing they are advocating, they are arguing congressional pay as a political weapon forward this important bill. for more Federal pay. to punish all Federal employees: to I want to refer to some facts here be- Come on. Use fairness today. Use the prevent any COLAs—cost-of-living ad- cause we do have some good, hard- argument of parity today. This was justments—for Federal employees. working Federal employees. Make no your bill. This is a 1-year extension. Otherwise we would be able to bring up mistake about it: They’re just as patri- The final point: The President’s debt that bill separately. otic, if not more, than everybody else commission, Simpson-Bowles, said we Now, what we’re seeing again is an in our country. They work hard, and should have a 3-year freeze on Federal effort to single out Federal employees they deserve just compensation. But pay. That’s what my bill does. I don’t as scapegoats for the economic prob- the compensation trajectory on which

VerDate Sep 11 2014 12:49 Feb 24, 2017 Jkt 019102 PO 00000 Frm 00088 Fmt 0688 Sfmt 0634 E:\BR12\H01FE2.001 H01FE2 rmajette on DSK2TPTVN1PROD with BOUND RECORD February 1, 2012 CONGRESSIONAL RECORD—HOUSE, Vol. 158, Pt. 1 691 we’re going forward in this country, would argue, is wholeheartedly incor- freezes with no hearings, it is time to Madam Speaker, is neither sustainable rect. It is a matter of fairness and bal- send this bill to the committee to de- nor fair. ance. termine what is fair for Federal em- I was hoping that when the majority I appreciate Mr. DUFFY for his fine ployees. Have they contributed enough leader was addressing us that he would work in bringing this bill forward be- or, using my standard, leadership by yield to the question, because one of cause we should limit the pay of Mem- example, should they contribute more? the stats he threw out is that none of bers of Congress. We should also do so If you want to lead by example, Mem- these people are earning as much as for the Federal civilian workforce. bers of Congress should stand up and Members of Congress. Yet I would Mr. CUMMINGS. Madam Speaker, I ask for a freeze for themselves, by point out, for instance, that at the end find it interesting that the other side themselves, like men and women. of 2009 in the Department of Transpor- constantly brings up the CBO report. Mr. ROSS of Florida. Madam Speak- tation, there was one person earning a The much better report is the Bureau er, at this time I have no further salary of $170,000. of Labor Statistics report. They have speakers, and I continue to reserve the more experience at this, and they show balance of my time. b 1300 that Federal employees were paid 26 Mr. CUMMINGS. Madam Speaker, And yet 18 months later, there were percent less than private sector em- may I ask how much time remains. The SPEAKER pro tempore. The gen- 1,690 employees in the Department of ployees. tleman from Maryland has 71⁄2 minutes Transportation earning at least $170,000 I yield 2 minutes to the distinguished remaining, and the gentleman from in compensation. gentlewoman from the District of Co- Florida has 3 minutes remaining. I would also point out that since lumbia (Ms. NORTON). President Barack Obama took office, Mr. CUMMINGS. I yield 2 minutes to Ms. NORTON. I thank the gentleman the distinguished gentleman from Mas- until now, there are an additional for yielding. 144,700 civilian Federal employees. sachusetts (Mr. LYNCH). Madam Speaker, Washington is the Mr. LYNCH. I thank the gentleman. These are new people added to the pay- headquarters of the Congress. It is not Madam Speaker, I rise in strong op- roll, more than 144,000 new people on the headquarters of Federal employees. position to H.R. 3835, which would ex- the payroll. Eighty-five percent of them live in tend the current-year pay freeze for In 2010, more than 50 percent of all other cities and in towns and suburbs. Federal workers for an additional year General Schedule employees received a Let’s all agree that deficit reduction through 2013. This will be the third step increase or a promotion, hardly a is a priority, and that it is appropriate year of a pay freeze. pay freeze that President Obama would to lead from the top. Nor should Fed- Similar to most of my colleagues have led us to believe was happening. eral employees be exempt from this who have spoken here today, I do sup- Also for 2010, 62.9 percent of all General leadership by example. But it starts at port a freeze for Congress. I have voted Schedule employees received an award the top, not at the bottom of the Fed- six times to freeze Congress’ pay. or bonus. Now, in these dire economic eral workforce. While my good friend from Utah does times and people trying to tighten These Federal employees live under point out that there are some high-end, their belts in the private sector, I often greatly differing costs of living, high-salaried Federal employees, you think it’s stunning that close to 63 per- depending on where they live in the have to remember that we have sur- cent of our General Schedule employ- country. It is up to us to lead by exam- geons at the VA, very competent doc- ees, Federal employees, got an award ple, not Federal employees, although tors at the VA that serve our veterans. or a bonus. they should not be exempt from this We have scientists at NIH. We have Now, this new CBO study that came leadership role. very, very good attorneys at the SEC out this week right here, the average However, it is an unfair ruse to com- prosecuting very complex fraud cases. Federal benefits that exceeded the pri- pare the most-favored Federal employ- To attract those individuals, we do vate sector levels by 48 percent, the ees, Members of Congress, with the need to attract very competent and benefits that are being given to the least favored, Federal employees across highly skilled individuals, and that’s Federal employees exceed the private the board. Some are paid a great deal, where those higher salaries are aggre- sector by 48 percent, according to the some are paid very little, some come gated. But we should be reminded that the CBO. And the total average Federal from high-cost areas of the country, vast majority of our Federal employees compensation is 16 percent when you some come from low-cost areas of the are middle-income earners. Oddly weigh that in with the other base pay, country. enough, we could have addressed this if 16 percent above the private sector. Most of our constituents will under- Now, you can find an isolated case this bill had gone through committee, stand who we were voting for and who through regular order. This bill has where maybe somebody is being under- we were voting against. come to the floor without going compensated, but you can find a whole Democrats have a long history of re- through committee. It has not been lot more people that are being over- specting civil servants. Republicans subject to amendment. compensated. have spent years deriding them in good We could have come up with a bill Now, most people, if you ask in your times and bad. They know full well that said, okay, we are going to freeze mind, how many Federal employees also that Congress would not dare take the pay of high-income Federal em- out there are earning at least $100,000 a raise now, and they know that Fed- ployees. We didn’t do that. in their base pay, Madam Speaker, that eral employees should not become, as So you’ve got people out there mak- number is in excess of 450,000 people on they apparently have, the proverbial ing $30,000, $40,000 a year, secretaries our Federal payroll who are earning in piggy bank for all-purpose deficit re- and other staff, that their pay has been excess of $100,000. duction. frozen for. If this goes through, it will In fact, if you go back and look at We have had two freezes that were al- be 3 years. So we could have done a the payroll, the total Federal payroll most automatic on Federal employees. better job if this bill had gone through for the Federal Government, in 2008 it That’s the very reason why this bill the regular order and gone through was roughly $400 billion; in 2011 it’s should be sent to committee to deter- committee. projected to be $452 billion. You should mine what is fair now in the third year I’m also concerned about the ration- also look at one of the more stunning after $60 billion in cuts. ale behind this legislation. Similar to numbers that I saw, Madam Speaker, The SPEAKER pro tempore. The many of my colleagues today, while I and that is from 2010 to 2011, there were time of the gentlewoman has expired. support the freeze on congressional 16,000 Federal employees that moved up Mr. CUMMINGS. I yield the pay, we see a lot of legislation coming to having at least a base pay of $100,000. gentlelady an additional 30 seconds. up in this Congress that attacks Fed- So to suggest that there has been Ms. NORTON. Precisely because eral employees, and I think this is one some sort of pay freeze in place, I there have been two almost automatic more example of that.

VerDate Sep 11 2014 12:49 Feb 24, 2017 Jkt 019102 PO 00000 Frm 00089 Fmt 0688 Sfmt 0634 E:\BR12\H01FE2.001 H01FE2 rmajette on DSK2TPTVN1PROD with BOUND RECORD 692 CONGRESSIONAL RECORD—HOUSE, Vol. 158, Pt. 1 February 1, 2012 I totally oppose it. This legislation is a cynical attempt but on the other hand they say they The SPEAKER pro tempore. The to tap into misguided resentment fos- want to freeze their pay. time of the gentleman has expired. tered by the far right against the Fed- One of the things that I have found so Mr. CUMMINGS. I yield the general Government and the 2 million men interesting, and we’ve heard the argu- tleman 1 additional minute. and women who serve our Nation as ment over and over, is when it came to Mr. LYNCH. I thank the gentleman. civil servants. taxes with regard to the millionaires This is another in a series of legisla- Of those 2 million, let me point out and billionaires, they didn’t want to tive attacks that have targeted our to my colleagues that nearly two out tax them one penny more, not one Federal workers throughout the 112th of three civil servants work for the De- dime. But yet, the person who works Congress. It will further erode em- partment of Defense, the Department here in this building, the ones that ployee morale and diminish the Fed- of Homeland Security, the Department work at Social Security and other eral Government’s ability to attract of Veterans Affairs, and the Depart- places, the ones that Mr. MORAN just the best and brightest to perform the ment of Justice. In other words, two talked about, the ones who are pro- important jobs that we need to per- out of three Federal employees work in tecting the homeland, they say to form. Our dedicated civil servants play jobs related to our national security at them: We want to make sure we freeze a vital role in such critical areas as law home and abroad or caring for our vet- your pay. There’s something awfully enforcement, national defense, public erans. Every one of those employees wrong with that picture. health, and the delivery of services to now seems to be the target of this I believe very strongly that we all America’s veterans, elderly, and the body’s misguided anger, and that’s just should share in the benefits, and we disabled. They should not bear a dis- wrong. should share in the sacrifice, too. They proportionate burden when it comes to Most of our Federal employees work didn’t ask for one dime, not a dime addressing our Nation’s budget prob- for the Defense Department to enhance more from the millionaires and the lems. our security. Employees at the Depart- folks that are making all of the money. So I urge my colleagues to join me in ment of Homeland Security work to But yet still you’ve got people in the opposing any further efforts to balance ensure that nuclear materials aren’t Federal system, according to the CBO the Nation’s budget on the backs of our smuggled into our country by those report, if you want to go there, and hardworking Federal employees by vot- who want to do us catastrophic harm. that CBO report says those people with ing ‘‘no’’ on H.R. 3835. The Federal Bureau of Investigation a master’s degree or above, they are b 1310 works to investigate and prosecute making 23 percent less. What about Mr. ROSS of Florida. Madam Speak- cybercriminals that steal billions of them? What about the people who day er, I yield 1 minute to the gentleman dollars of intellectual property from after day sacrifice and could possibly from Utah (Mr. CHAFFETZ). our defense and civilian industrial base be making a lot more money in the pri- Mr. CHAFFETZ. Madam Speaker, every year. This body claims to care vate sector, what about them? Some of earlier it was referenced that there was about preventing nuclear terrorism and them, by the way, are on our staffs. another study showing that the com- halting cyber crime, yet we want to So I would just urge—and again, it’s pensation was 26 percent lower than punish those charged with carrying out been implied that we on this side have the private sector. I would point out that mission. a problem with a pay freeze for our that that did not include compensation Last year, a constituent of mine was Members of Congress. We don’t have a for benefits. Certainly when you look awarded a ‘‘Sammie’’ from the Part- problem with that. I will go on the at someone’s total compensation plan, nership for Public Service for his work record saying that. And these issues you have to look at the benefits they at the VA helping to address veterans should be divided. are achieving. struggling with the human toll of war- With that, Madam Speaker, I urge I would also point out that in the fare. My constituent has devoted 30 Members to vote against this very bad CBO study on pages 10 and 11, the total years of his career building a national bill, and I yield back the balance of my compensation is actually more askew network of small, community-based time. for the lower-educated people. People centers where veterans traumatized by Mr. ROSS of Florida. Madam Speak- who earned high school diplomas or combat obtain counseling, job assist- er, I yield myself such time as I may less are getting 36 percent more than ance, medical referrals, and other serv- consume. they would in the private sector. It’s ices. The Partnership rewarded him I’m new here. I’m one of those fresh- actually the higher end, people with last year, but today the House wants to men. I’m one of those freshmen who’s professional degrees or doctorates who forfeit his pay raise for a third con- been told you don’t know how Wash- are actually being undercompensated, secutive year. ington works. I’m one of those fresh- at least according to this study. And This bill is the product of an ideo- men who’s been told you need to get in they only account for about 7 percent logically extreme group of people who line, that’s been told you need to get in of our workforce. got elected by insisting that our gov- line. So if you look at the bulk of our ernment is broken. And now that Well, if successive 4 years of trillion- workforce, some roughly 93 percent, they’re elected, they want to try to dollar deficits is the way Washington you’re going to see a double digit per- prove that is the case. It’s not the case. works, then I don’t want it working centage increase versus the private sec- We ought to be proud of our govern- that way. You see, I wasn’t sent here to tor. ment and reject this bill. learn how Washington works; I was This is not an attack on our Federal Mr. ROSS of Florida. Madam Speak- sent here to change the way Wash- workforce. Be grateful that you have a er, I continue to reserve the balance of ington works. job. What we have to understand is my time. And when we have a President pro- that it’s the taxpayers’ money, and we Mr. CUMMINGS. Madam Speaker, I posing a military budget that cuts our have to be frugal with it. yield myself such time as I may con- military back to pre-World War II lev- Mr. CUMMINGS. Madam Speaker, I sume. els, and yet we continue to increase yield 2 minutes to the gentleman from As I listen to the debate and as I lis- our Federal payroll while private sec- Virginia (Mr. MORAN). ten to the other side—and I do want to tor payroll employment goes down, Mr. MORAN. Madam Speaker, I associate myself with the words of my there’s something wrong with the way thank my very good friend, the distin- colleague, Mr. MORAN, and the others Washington works. guished ranking member of the com- who have spoken—over and over again Washington is broken, and I submit mittee, for yielding me this time to we hear on the one side of the mouth to you that we need to lead by exam- rise in strong opposition to an exten- coming from our Republican colleagues ple. We have done so already by reduc- sion of the current pay freeze for Fed- that they love our Federal employees ing our MRAs, our Members’ accounts, eral employees. so much and they do such a great job, by 11 percent. We’ve done so already by

VerDate Sep 11 2014 12:49 Feb 24, 2017 Jkt 019102 PO 00000 Frm 00090 Fmt 0688 Sfmt 0634 E:\BR12\H01FE2.001 H01FE2 rmajette on DSK2TPTVN1PROD with BOUND RECORD February 1, 2012 CONGRESSIONAL RECORD—HOUSE, Vol. 158, Pt. 1 693 reducing our committee budgets. But push for expanded concessions in compensa- Madam Speaker, rather than this phony bill, we need to go further if we’re going to tion and benefits. I am a cosponsor of Ranking Member VAN lead by example, because you see, lead- H.R. 3835 would require Federal workers to HOLLEN’s legislation to extend the pay freeze ership is not a title. Leadership is an forego an additional $26 billion in pay over the for Members of Congress through 2013 with- act. And I submit to you, Madam next decade even though Federal employees out affecting the salaries of the men and Speaker, that today we lead by exam- actually earn less than their private sector women of our Federal workforce. Members of ple, and I urge my colleagues to sup- counterparts when factors such as skill and Congress should not get a pay increase this port the passage of H.R. 3835, and I education level are taken into account. year. This is something we all agree on, Mr. yield back the balance of my time. H.R. 3835 is not a serious attempt to ad- Speaker. When the legislation to forego a cost Mr. CONNOLLY of Virginia. Madam Speak- dress the budget deficit. The $26 billion it of living pay raise in 2011 came before this er, once again the Republican leadership is at- would raise over 10 years would cover only 2 body in April 2010, it passed by a vote of 402 tacking America’s 2.3 million civilian Federal percent of the projected budget deficit for FY to 15. Bring this bill to freeze Members’ pay employees. In a brazen act of political oppor- 2012 alone. True deficit reduction will need to through 2013 to the floor and I will support it. tunism, Speaker BOEHNER is using the public’s be balanced and sacrifice will need to be So would most of our colleagues, I believe. well-founded dissatisfaction with Congress to shared. Mr. MARINO. Madam Speaker, it is undeni- bludgeon public servants. H.R. 3835, which H.R. 3835 is also misguided policy. able that our nation faces dire economic cir- we will vote on under suspension of the rules The Federal government should not be an cumstances. This Congress must continue to on Wednesday, will freeze pay for Members of employer of last resort. Our citizens depend cut spending and reduce the size and scope Congress . . . and Federal employees. on our ability to recruit the most qualified indi- of Washington. I strongly support the efforts of Two million of the 2.3 million Federal em- viduals to treat our wounded veterans, inspect House Republicans to make responsible and ployees—which is 86%—do NOT live in the our food, oversee nuclear power plants, pro- necessary cuts to the federal workforce. A re- Washington, DC metropolitan region. They live tect us from terrorism, and provide a broad sponsible federal pay freeze is an important in what has been referred to fondly as the range of other critical services. While H.R. part of that equation, particularly for Members ‘‘real America.’’ The region with the highest 3835 would get us almost nowhere in tackling of Congress, the President, and political ap- percentage (37 percent) of Federal employees our long term debt, and shield the wealthiest pointees. is the South, home of such venerable institu- individuals and corporations from making any However, I rise today to express concerns tions as the Oak Ridge research lab, Red kind of contribution, it would have a dev- regarding H.R. 3835 which we are now con- Stone Arsenal, and the Tennessee Valley Au- astating long-term effect on the quality of gov- sidering. I believe that the current pay freeze thority. The majority of Federal employees ernment services and operations. and a continuation of it has a disproportionate work on defense and homeland security. They I urge my colleagues to vote against this impact on employees that face mandatory re- guard our borders, protect the safety of airline legislation. tirement age, such as many of our law en- travel, fight forest fires, and track down online Mr. HOLT. Madam Speaker, I rise today in forcement officers. These employees put their child predators. Would it be unreasonable to opposition to H.R. 3835. This bill is yet an- lives at risk every single day to defend our point out that passage of this bill could aid and other example of the Republican majority’s de- safety and freedom. abet terrorists, cross-border gun runners, and sire to play political games instead of pro- I recently toured several federal prisons lo- child pornographers? moting commonsense legislative solutions to cated in my district and it is unbelievable what We can all anticipate the anonymous PAC- our Nation’s problems. these guards go through to ensure that some funded television ads that will run against Madam Speaker, I believe this is exactly the of the most violent criminals in America re- those of us who oppose this ignominious leg- wrong time to raise salaries for me and my main behind bars. Due to the physical and islation: ‘‘Call and ask why Congressman X colleagues in Congress. We shouldn’t get it. mental abuse that these guards go through voted to raise his own pay.’’ The other con- But I do not believe that millions of hard- during their careers, it is mandatory that they sequences of this bill, should it pass, are far working Federal employees should be pun- retire at 57. Unfortunately, the officers cur- worse. Freezing pay of a workforce that al- ished. They already gave $5 billion with their rently near the mandatory retirement age will ready receives 26 percent less than the pri- salary freeze over the past two years. not be able to make up any lost salary by vate sector, according to the Bureau of Labor One of my top priorities in Congress is pro- working a few extra years. Statistics, will further degrade critical public tecting the rights of middle class families, Additionally, I am concerned about the ef- services and weaken an already fragile econ- which includes many millions of Federal work- fects a continued pay freeze will have on re- omy. ers. I have the utmost respect for the hard cruitment and retention of federal law enforce- Federal employees’ pay has been frozen for work and public service that Federal civilian ment officers. Prison officers already face a the last two years. While private sector pay employees perform each and every day, and long and rigorous hiring process and deplor- has grown, Federal pay has stagnated. By I believe they deserve to be compensated fair- ably low wages. The prospect of not seeing an denigrating public service and dismantling ly. Federal workers are not overpaid. Compari- increase in pay will add yet another barrier to Federal pay and benefits, we are crippling our son studies show that for the educational level recruiting the best and most fit to guard our ability to recruit and retain the next generation and job category, they are paid less than oth- prisons and protect our safety. of top tier public servants. The victims of this ers. In fact, Federal workers with a profes- I will support this legislation because I be- assault on public employees are our constitu- sional or doctorate degree earn 23 percent lieve that Members of Congress and political ents—the public we are supposed to serve— less, on average, than their private sector appointees should not see a pay increase and who rely on services provided by Federal em- counterparts. In order to attract the most tal- that a responsible pay freeze is needed. I ask ployees every day in every American commu- ented men and women to Federal service, it is the sponsor of this legislation, House and nity. imperative that we offer competitive salaries Senate leaders, and the administration to con- I respectfully request that we maintain what- and benefits. This legislation sends the wrong sider the lasting impacts of a pay freeze on ever shreds of dignity this institution has left message to the millions of men and women the federal law enforcement officers who put and reject H.R. 3835. who serve the American people. It tells them their lives at risk every single day to ensure Mr. WAXMAN. Madam Speaker, I rise in that we may value the work that they do on that our families are safe. strong opposition to this latest attack on Fed- behalf of the American people, but not enough Mr. RAHALL. Madam Speaker, today, I eral workers. to compensate them fairly. voted in favor of extending the pay freeze on H.R. 3835 is not a balanced proposal. Madam Speaker, this bill is a game. It is not Members of Congress. While Members of Federal employees have already been a serious attempt to address the deficit or Congress should not be getting raises during asked to make significant sacrifices to help re- debt. It is ‘‘gotcha’’ politics. Pay for Federal a recession, our federal employees who produce our debt. So far, they have contributed workers did not get us into a deficit—two un- vide services to our military members and en- $60 billion through a two-year pay freeze and paid wars, a prescription drug benefit, and sure senior citizens receive their checks on they face the prospect of furloughs and layoffs several tax cuts for the rich blew a hole in the time do not deserve to bear the brunt of cost- in the coming years as the Budget Control budget. But rather than address those root cutting efforts. The federal employees who Act’s automatic cuts reduce agency budgets. causes, the majority today is blaming hard- daily show up for work in a spirit of service to Despite this, House Republicans continue to working Federal employees. our country deserve our respect and support.

VerDate Sep 11 2014 12:49 Feb 24, 2017 Jkt 019102 PO 00000 Frm 00091 Fmt 0688 Sfmt 9920 E:\BR12\H01FE2.001 H01FE2 rmajette on DSK2TPTVN1PROD with BOUND RECORD 694 CONGRESSIONAL RECORD—HOUSE, Vol. 158, Pt. 1 February 1, 2012 Federal employees deserve thanks for the the NSA, the National Reconnaissance Office cal obligations. The national debt is over $15 work they do, often at lower pay than they and the National Counter Terrorism Center? trillion. It is projected to reach $17 trillion next could command in the private sector, out of a Or the impact on the FBI, which has, since year and $21 trillion in 2021. We have annual spirit of service to our country. These federal 9/11, disrupted scores of terrorist plots against deficits of more than $1 trillion. We have un- workers don’t deserve to be the pawns in cyn- our country? funded obligations and liabilities of $65 trillion. ical political showdowns. Shared sacrifice is Or the impact on our military, which is sup- This bill does not even direct the Congress to necessary from all Americans as we continue ported by federal employees every day on use the ‘‘savings’’ from today’s bill to be used finding ways to balance budget and to pre- military bases across the Nation? for deficit reduction or any other particular pur- serve critical programs, targeting one group Or the impact on VA hospitals across the pose. over another out of political spite is not the an- country, which are treating military veterans I am concerned that this vote is merely an swer. Federal workers are hard working Amer- from World War II to today? attempt to position the House to use federal ican and I thank them for their efforts on be- Or the impact on the Border Patrol? employees as a ‘‘pay-for’’ to fund the further Or the impact on NASA, its astronauts, en- half of the American people. extension of the payroll ‘‘holiday’’ legislation gineers and scientists, especially on the nine- Mr. REYES. Madam Speaker, tonight the that is currently before a conference com- year anniversary of the tragic loss of the Co- U.S. House of Representatives will vote on a mittee. lumbia crew and a week after the 45th anni- Republican bill that attacks federal employees This is wrong. And my vote today to freeze versary of the loss of the Apollo 1 crew? and aims to balance the budget on the backs Members’ salaries should not be construed in Or the impact on NIH, and other federal re- any way to indicate that I would support such of hard-working federal civil servants for polit- searchers, scientists and doctors? ical points. Republicans claim this bill freezes a position from the conference committee. Let Clearly, federal employees don’t just sit be- me be clear, the payroll ‘‘holiday’’ should ex- the salaries of Members of Congress, but hind desks. They are members of our commu- what they fail to mention is that this bill would pire on schedule at the end of this month. It nities who are out in the field, often in harm’s does nothing more than steal from the Social also freeze the pay of federal employees, in- way, protecting our Nation. Just here in north- cluding 10,000 civil servants in El Paso. Security Trust Fund, which is already going ern Virginia, residents recently mourned the broke. And, according to recent polling re- Federal employees have already made sig- loss of two federal employees who died in the nificant sacrifices to help reduce the govern- ported by The Hill, most Americans haven’t line of duty—U.S. Park Police Sergeant Mi- noticed any benefit from this ‘‘holiday.’’ ment’s budget deficit. They are now enduring chael Andrew Boehm of Burke, and National a two-year pay freeze that took effect in Janu- Social Security is unique because it is paid Park Service Ranger Margaret Anderson, who for through a dedicated tax on workers who ary 2011. Federal employees also face the previously worshipped in Lovettsville. will receive future benefits. The money paid possibility of layoffs and furloughs in coming Their sacrifices remind us that many federal today funds benefits for existing retirees, and years as automatic spending reductions man- employees are often put in dangerous situa- ensures future benefits. Because you pay dated by the Budget Control Act of 2011 cut tions. Since 1992, nearly 3,000 federal em- now, a future worker will pay your benefits. federal agency budgets. ployees have paid the ultimate price while That is why, until last year, this revenue Republicans need to stop attacking federal serving their country, according to the Office stream was considered sacrosanct by both po- employees. This pointless legislation only of Personnel Management. The first American litical parties. serves to distract from the real issue: helping killed in Afghanistan, Mike Spann, was a CIA Social Security is on an unsustainable path. revitalize the economy and create jobs. I will agent and a constituent of mine from Manas- Today’s medical breakthroughs were simply continue to stand with federal employees and sas Park. I attended his funeral. Over 100,000 not envisioned when the system was created their families. CIA, FBI, DEA agents, and State Department in 1935. For example, in 1950, the average The Republican message is clear to our employees have served side-by-side with our American lived for 68 years and 16 workers hard-working federal employees, over 12,000 military to carry out the War on Terror in loca- supported one retiree. Today, the average life in El Paso, who secure our border, care for tions such as Iraq and Afghanistan. Two years expectancy is 78 and three workers support our veterans, and protect our air and water— ago, I attended funerals for some of the seven one retiree. Three and a half million people re- they would rather freeze the wages of middle CIA agents who were killed by a suicide ceived Social Security in 1950; 55 million re- class workers than raise taxes on the million- bomber at Forward Operating Base Chapman ceive it today. Every day since January 1, aires and billionaires. I want to reassure all near Khost on the Afghanistan-Pakistan bor- 2011, over 10,000 baby-boomers turned 65. federal employees in El Paso that I will con- der. This trend will continue every day for the next tinue to work hard against attacks that jeop- And we should not forget that the CIA 19 years. Do these numbers sound sustain- ardize their livelihood and ability to support agents who planned and helped execute the able to anyone? their families. raid that killed Osama Bin Laden are federal The Social Security Actuary has said that by Mr. WOLF. Madam Speaker, I do not be- employees. 2036 the trust fund will be unable to pay full lieve that Members of Congress should re- Every day, Border Patrol agents and ICE benefits. This means that everyone will receive a pay raise, and that is why I am voting agents are working to stop the flow of illegal ceive an across-the-board cut of 22 percent, for this bill. However, today’s bill isn’t just a immigrants and drugs across our borders. regardless of how much money they paid into vote on whether or not to freeze salaries for Federal firefighters work to protect federal the system. Members of Congress. The second part of this lands and mitigate the spread of deadly fires. After months of passionately debating the legislation extends the pay freeze for federal Immediately following the December 2011 importance of reducing the deficit, the presi- employees for a third consecutive year. This shooting at Virginia Tech, some of the first law dent and Congress are now continuing to ad- gives me serious pause. These issues should enforcement officers on the scene were ATF vocate for a payroll ‘‘holiday’’ that’s barely, if not be tied together. There should be one vote agents. These are but a few examples of the at all, improved our economic outlook and fur- on Member salaries and a separate vote on vital jobs performed by federal employees. ther contributes to our crushing debt burden. extending the pay freeze for federal employ- Federal employees who are not in harm’s And does it make sense that everyone, re- ees. way on a daily basis are also dedicated public gardless of income, will get money from this I am concerned that the language in this bill servants. The medical researchers at the Na- ‘‘stimulus?’’ Does anyone think that Warren pertaining to federal employees’ pay has not tional Institutes of Health working to develop Buffet changed his buying habits as a result of been considered through the normal process. cures for cancer, diabetes, Alzheimer’s and this temporary suspension? Or did General I’m not arguing that freezing Members’ sala- autism are all federal employees. Dr. Francis Electric’s CEO, Jeffery Immelt, the head of ries needs a hearing. That’s obvious. Freezing Collins, the physician who mapped the human President Obama’s Council on Jobs and Com- our pay doesn’t need to be vetted. genome and serves as director of the NIH, is petitiveness who recently shipped GE’s med- Federal employees are the issue. This bill a federal employee. The National Weather ical imaging division from Wisconsin to China, has been rushed to the floor less than a week Service meteorologists who track tornadoes benefit from this ‘‘holiday?’’ Leadership from after being introduced. No hearings have been and hurricanes, as well as the FDA inspectors both parties have stated that extending this held. Only 40 minutes of debate are being al- working to stop a salmonella outbreak, are policy is paramount. I regret that time is being lowed. No amendments are permitted. federal employees. spent on a flawed policy instead of tackling Has anyone fully considered the impact that It is cheap grace to claim that today’s legis- the difficult choices to address our nation’s un- a three-year pay freeze will have on the CIA, lation will in any way address our Nation’s fis- funded spending obligations.

VerDate Sep 11 2014 12:49 Feb 24, 2017 Jkt 019102 PO 00000 Frm 00092 Fmt 0688 Sfmt 9920 E:\BR12\H01FE2.001 H01FE2 rmajette on DSK2TPTVN1PROD with BOUND RECORD February 1, 2012 CONGRESSIONAL RECORD—HOUSE, Vol. 158, Pt. 1 695 We all know what needs to be done to ad- ing, and entitlements to address our nation’s Social Security checks; protect our borders; dress the deficit and debt and that is why I debt. We should be balancing our books to ensure the safety of our environment, food, have supported every serious effort to resolve eliminate the need for sequestration. It’s time and water; treat our wounded veterans; and this crisis, including the Bowles-Simpson rec- to get to work. research cures for cancer and other deadly ommendations, the Ryan Budget, the ‘‘Gang Let’s not continue to kick the can down the diseases. of Six,’’ the ‘‘Cut, Cap and Balance’’ plan and road as we wait for a better political moment. The Federal Government is our country’s the Budget Control Act. I stand ready to continue to work with my col- largest employer, providing jobs to about 2 I also was among the bipartisan group of leagues to find real, comprehensive reforms to million civilian employees. Roughly 85 percent 103 members of Congress who urged the our spending, tax, and entitlement systems to of the federal workforce is located outside the supercommittee to ‘‘go big’’ and identify $4 tril- ensure that these programs exist. Our children metro Washington, DC area. These federal lion in savings. I voted for the Balanced Budg- and grandchildren deserve nothing less. families are facing the same economic chal- et Amendment to the Constitution, which Ms. EDDIE BERNICE JOHNSON of Texas. lenges as families across America. Federal would have established critical institutional re- Madam Speaker, I rise today in opposition to workers already are subject to a two year pay forms to ensure that the federal government H.R. 3835, which would extend the pay limits freeze that will save more than $60 billion over lives within its means. In addition, since 2006, for federal employees through 2013. Nearly 2 the next decade. An additional third year of I have introduced my own bipartisan legisla- million federal civilian workers stand to be af- pay freezes on federal employee salaries as tion, the SAFE Commission, multiple times. fected by this pay freeze if it is enacted by proposed in today’s legislation further under- While none of these solutions were perfect, Congress. mines the federal government’s ability to at- they all took the necessary steps to rebuild For the last two years, federal employees tract and retain the highest talent. It also and protect our economy. In order to solve and their families have suffered the con- threatens to close the pipeline of new talent this problem, everything must be on the table sequences of an across-the-board pay freeze. moving up the federal civil service. A report for consideration—all entitlement spending, all While the cost of vital goods such as food and from the Partnership for Public Service high- domestic discretionary spending, including de- gas, medical expenses, and rent continue to lighted that employees with high-demand skills fense spending, and tax reform, particularly rise, H.R. 3835 seeks to prolong that burden are those most likely to have alternative em- changes to make the tax code more simple on millions of families by extending this pay ployment options. and fair and to end the practice of tax ear- freeze for another year. Federal employees Until we have the opportunity for a clean marks and loopholes that cost hundreds of bil- and their families are no less affected by vote, I must urge a no vote on H.R. 3835, leg- lions of dollars annually. downward trends in the economy than any islation that places too much cost on the fed- Yet on the floor today, the Congress won’t others in the workforce, and it is unfair to ask eral workforce. even, at a minimum, commit the savings from that they continually make these sacrifices Mr. PIERLUISI. Madam Speaker, I rise in this bill towards deficit reduction. There is when Congress will not even ask the same opposition to H.R. 3835, which would extend an existing pay freeze on federal employees something fundamentally wrong with this sce- sacrifice of millionaires, billionaires, and the for a third straight year, through December nario. largest corporations. I’ve always had a policy where my staff in These kinds of pay freezes do more than 2013. Federal employees often forego private sec- Washington, Herndon and Winchester were just take precious disposable income away tor employment to serve our nation. They per- treated the same as federal employees. They from working families. So many federal work- form essential services, ensuring that our mail work hard. But when federal employees faced ers came to the federal government because is delivered, that our Social Security checks they have excellent credentials and are com- furloughs, so did my staff. And because fed- are issued, and that our drinking water re- mitted to public service. By limiting the amount eral employees work under a pay freeze, my mains clean. Federal employees also inves- staff is working under a pay freeze. I have al- of money that the federal government can tigate drug smuggling, issue patents, and pro- ways felt that federal employees, and congres- offer to prospective employees, Congress is vide health services and other benefits to our sional staff, committee and leadership staff, effectively limiting its own ability to attract and Island’s veterans. These are only a few of the should be treated equally. I feel that the moral retain highly-educated and highly-skilled work- many functions that federal employees per- choice has always been to treat everyone ers to carry out important roles such as na- form every day in their work for the American equally. tional security, maintaining critical transpor- people. Above all, we should not let today’s vote tation infrastructure, and caring for our vet- Federal employees are willing to do their distract us from having the difficult conversa- erans. share to reduce the deficit. However, it is un- tions that are necessary to ensure that pro- Madam Speaker, H.R. 3835 is simply an- fair to place the burden of reducing the deficit grams and services are reduced in a manner other partisan attempt to hold working families entirely on their backs. Federal employees that responsibly lowers the deficit. There is hostage for petty political gain. Federal em- have already contributed $60 billion toward never a convenient time to make hard deci- ployees have already contributed $60 billion deficit reduction by accepting a two-year pay sions, but the longer we put off fixing the prob- toward reducing the deficit the past two years, freeze. We should not ask this one particular lem, the worse the medicine will be and the and it is time to finally ask the wealthiest busi- group to make additional sacrifices when we greater the number of Americans who will be nesses and members of society to start paying are not asking other Americans to make simi- hurt. America is living on borrowed dollars and their fair share. H.R. 3835 is sorely misguided lar sacrifices. borrowed time. We must stop leaving piles of and I will oppose this bill in any way that I I urge my colleagues to reject this bill and debt to our children and grandchildren. can. to treat federal employees with the respect It was disappointing to hear the president Mrs. MALONEY. Madam Speaker, I rise they deserve. deliver a campaign speech from the floor of today in opposition to H.R. 3835 because of Mr. KUCINICH. Madam Speaker, I rise in this House during the State of the Union. It is the negative cost it puts on the backs of our opposition to H.R. 3835, a bill to extend the disappointing that this House is now following federal public servants. At a time when Con- pay limitation for Members of Congress and his lead. gress must make tough budget choices, I fully Federal employees. There is an attack on the Federal employees live, work, pay taxes, li- support a freeze on the salary of Members of idea that government has a role in the proper aise with contractors and businesses, and Congress. That is why I am a cosponsor of functioning of society. That battle has resulted spend the money that is driving the private H.R. 3858, a clean bill that would freeze Con- in the privatization of government services, sector growth here in Virginia. We shouldn’t gressional pay. which leads to inefficiencies and higher bills use them as offsets for a failed policy that However, my colleagues on the other side for taxpayers. Across the country we are also steals from Social Security. of the aisle are playing politics with the federal seeing an attack on government workers who Voting to freeze member pay is the easy workforce. It is shameful that some of my col- frequently work long hours in support of our thing to do. Let’s be sure that today’s actions leagues want to blame the federal workforce great nation. don’t distract us from the tough choices for our country’s problems and to make them Federal employees have already sacrificed ahead. We should let the payroll ‘‘holiday’’ ex- pay the cost for climbing out of the recession. because of our shrinking budget. These men pire on schedule. We should put everything on These hard working men and women provide and women are members of the middle class, the table—including discretionary spending, vital operational support to our military mem- and they are already subject to an unwar- tax earmarks and loopholes, defense spend- bers; ensure our senior citizens receive their ranted two-year pay freeze in the form of a $5

VerDate Sep 11 2014 12:49 Feb 24, 2017 Jkt 019102 PO 00000 Frm 00093 Fmt 0688 Sfmt 9920 E:\BR12\H01FE2.001 H01FE2 rmajette on DSK2TPTVN1PROD with BOUND RECORD 696 CONGRESSIONAL RECORD—HOUSE, Vol. 158, Pt. 1 February 1, 2012 billion cut to their wages and benefits by the troops on the front lines of the war on terror and Commerce, $21,678,149; Committee on end of 2012. They also face the possibility of with the CIA. From the lowest GS–1 to the Ethics, $6,218,310; Committee on Financial layoffs and furloughs in coming years as auto- highest GS–15, the federal workforce is full of Services, $16,825,969; Committee on Foreign Affairs, $17,331,982; Committee on Homeland matic spending reductions mandated by the dedicated and committed citizens who exem- Security, $16,347,050; Committee on House Budget Control Act of 2011 reduce agency plify patriotism in everything they do. There is Administration, $10,118,345; Permanent Se- budgets for salaries. no question that changing the unsustainable lect Committee on Intelligence, $9,977,660; Federal employees are public servants who trajectory of this nation will take sacrifice from Committee on the Judiciary, $16,265,122; do work that is essential to this country every us all, but continually singling out federal em- Committee on Natural Resources, $15,235,867; day: they guard our borders, care for our ployees is an ineffective and unjustified re- Committee on Oversight and Government wounded veterans, deliver our mail, ensure sponse to the nation’s fiscal struggles. Reform, $20,546,873; Committee on Rules, the safety of our food supply, and provide Although I have serious concerns with the $6,566,883; Committee on Science, Space, and many other sometimes invisible, but important Technology, $12,671,660; Committee on Small federal employee pay freeze, I ultimately voted Business, $6,598,427; Committee on Transpor- services. for this legislation because Congress must tation and Infrastructure, $19,195,872; Com- This bill inappropriately groups the pay and lead by example and freeze our own pay first. mittee on Veterans’ Affairs, $7,049,575; and benefits of Members of Congress with the I would like to remind my colleagues that long Committee on Ways and Means, $18,975,444. men and women of our federal civil service. In after we are all gone, federal employees will (b) SECOND SESSION LIMITATIONS.—Notwith- so doing, it attempts to turn Federal employee continue to selflessly serve this nation, as they standing section 3(b) of House Resolution pay into a political issue. I am not opposed to have since its inception. Repeatedly singling 147, the amount provided for the expenses of extending the pay freeze for Members of Con- them out is no way to thank them for their each committee named in such section which gress. However, I stand with the workers. The shall be available for expenses incurred dur- dedicated contributions. I am hopeful that fu- ing the period beginning at noon on January merits of pay increases for Federal employees ture deficit reduction efforts in this body will 3, 2012, and ending immediately before noon should be debated separately from our consid- focus on more realistic methods of savings on January 3, 2013 shall be not more than the eration of pay for Members of Congress. that truly address the drivers of our debt so following: Committee on Agriculture, I stand with the workers; that is why I voted that we can foster an environment of job cre- $5,658,638; Committee on Armed Services, against this bill. ation and prosperity in this country. $7,374,759; Committee on the Budget, Ms. MCCOLLUM. Madam Speaker, I rise in The SPEAKER pro tempore. The $5,647,061; Committee on Education and the opposition to H.R. 3835, a bill that represents question is on the motion offered by Workforce, $7,812,094; Committee on Energy and Commerce, $10,697,209; Committee on more of a political stunt by Republicans than the gentleman from Florida (Mr. ROSS) an honest way to address the shared sacrifice Ethics, $3,393,775; Committee on Financial that the House suspend the rules and Services, $8,384,705; Committee on Foreign needed across the Federal Government in pass the bill, H.R. 3835. Affairs, $8,379,512; Committee on Homeland these difficult fiscal times. Members were not The question was taken. Security, $7,903,326; Committee on House Ad- allowed to consider a bill offered by Rep- The SPEAKER pro tempore. In the ministration, $5,169,169; Permanent Select resentative CHRIS VAN HOLLEN, H.R. 3858, opinion of the Chair, two-thirds being Committee on Intelligence, $4,823,910; Com- that would have prevented members of Con- in the affirmative, the ayes have it. mittee on the Judiciary, $7,863,716; Com- gress from receiving an automatic pay raise in Mr. ROSS of Florida. Madam Speak- mittee on Natural Resources, $7,366,101; Com- 2013. I would have voted in favor of that bill. er, on that I demand the yeas and nays. mittee on Oversight and Government Re- With so many Americans still looking for work form, $9,933,819; Committee on Rules, The yeas and nays were ordered. $3,174,898; Committee on Science, Space, and and struggling to pay their bills, it is only fair The SPEAKER pro tempore. Pursu- Technology, $5,986,023; Committee on Small and right that members of Congress put their ant to clause 8 of rule XX, further pro- Business, $3,383,536; Committee on Transpor- needs first. However, Republicans chose to tie ceedings on this question will be post- tation and Infrastructure, $9,280,649; Com- our salary freeze with those of Federal em- poned. mittee on Veterans’ Affairs, $3,446,830; and ployees. Previously, they had not been linked. Committee on Ways and Means, $9,174,079. f I regret that House Republicans thought it was The SPEAKER pro tempore. Pursu- more important to score political points than ADJUSTING EXPENSES OF CER- ant to the rule, the gentleman from showing the American people that Members of TAIN HOUSE COMMITTEES IN California (Mr. DANIEL E. LUNGREN) Congress on a bipartisan basis support the 112TH CONGRESS and the gentleman from Pennsylvania existing Congressional pay freeze. Such ac- Mr. DANIEL E. LUNGREN of Cali- (Mr. BRADY) each will control 20 min- tions only serve to deepen the cynicism of fornia. Madam Speaker, I move to sus- utes. Americans who have grown increasingly fed pend the rules and agree to the resolu- The Chair recognizes the gentleman up with the polarization of Congress. tion (H. Res. 496) adjusting the amount from California. Mr. WITTMAN. Madam Speaker, I don’t provided for the expenses of certain GENERAL LEAVE think there is anyone in this country who sup- committees of the House of Represent- Mr. DANIEL E. LUNGREN of Cali- ports increasing pay for Members of Con- atives in the One Hundred Twelfth Con- fornia. Madam Speaker, I ask unani- gress. I certainly don’t, which is why I voted in gress. mous consent that all Members may favor of H.R. 3835 on Wednesday. Through- The Clerk read the title of the resolu- have 5 legislative days in which to re- out my tenure in this body, I have continually tion. vise and extend their remarks and in- voted to cut, freeze, and otherwise limit pay The text of the resolution is as fol- clude extraneous material on H. Res. for Members. With so many folks across Vir- lows: 496. ginia’s First District and the nation struggling The SPEAKER pro tempore. Is there to feed their families or find a job, Congress H. RES. 496 Resolved, objection to the request of the gen- has got to lead by example and show that it tleman from California? is serious about tackling this country’s eco- SECTION 1. ADJUSTMENT OF AMOUNTS OF COM- MITTEE EXPENSES FOR THE ONE There was no objection. nomic woes in a responsible manner. HUNDRED TWELFTH CONGRESS. Mr. DANIEL E. LUNGREN of Cali- An important part of being responsible, how- (a) AGGREGATE AMOUNT FOR CONGRESS.— fornia. Madam Speaker, I yield myself ever, is the ability to be fair, and I fear that Notwithstanding section 1(b) of House Reso- such time as I may consume. H.R. 3835 sets an unfair precedent by tar- lution 147, the amount paid out of the appli- Madam Speaker, I rise today in sup- geting a particular group of public servants cable accounts of the House of Representa- port of H. Res. 496. This resolution ad- who are already tasked to do so much for tives with respect to the One Hundred justs the amounts provided for the ex- Twelfth Congress for the expenses (including their country: federal employees. Government penses of the select and standing com- workers have been under a pay freeze since the expenses of all staff salaries) of each committee named in such section shall be as mittees of the House of Representa- December of 2010, and this legislation would follows: Committee on Agriculture, tives in the 112th Congress. extend that freeze through 2013. These hard- $11,848,132; Committee on Armed Services, b 1320 working patriots serve our nation on a daily $14,900,023; Committee on the Budget, basis, whether it be keeping our skies safe for $11,680,246; Committee on Education and the Last November, the Committee on travelers with the FAA or supporting our Workforce, $16,158,348; Committee on Energy House Administration held a full-day

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hearing at which we heard from our tension of the people we represent in Member JOHN BOEHNER to reduce com- chairs and ranking members. At that an oversight capacity, and that is an mittee funding by 30 percent. hearing, we discussed how each com- extremely important responsibility. Madam Speaker, H. Res. 496 was re- mittee absorbed the 5 percent budget Our committees, as I say, do vitally ported out of the committee in Decem- reduction implemented at the begin- important oversight of the executive ber, and I now look forward to its pas- ning of the 112th Congress and how, as branch and our Federal agencies; and sage by the House. I support H. Res. 496 we continue to reduce government while these reductions in committee and urge my colleagues to do the same. spending, they will manage additional funding will require committees to al- I reserve the balance of my time. reductions this year. locate their resources more judi- Mr. BRADY of Pennsylvania. Madam Madam Speaker, I know, as a com- ciously, I am confident, based on the Speaker, I rise in opposition to House mittee chairman myself, that we face hearing, that they are prudent and Resolution 496, and I yield myself such the difficult task of doing more with manageable. time as I may consume. less. Yet I also know that my constitu- Madam Speaker, these are extraor- Madam Speaker, I rise in opposition ents, all of our constituents, need us to dinary times. We face extraordinary to House Resolution 496, which would do more with less and to rein in gov- debt, deficits, and unemployment. Tril- reduce spending in most of the com- ernment spending. Families have been lion-dollar deficits year after year mittees of the House by an average of required to tighten their belts, and after year would be practically unheard 6.4 percent below the level provided in they constantly ask us to do the very of just a couple of years ago; yet, un- House Resolution 147, which was adopt- same thing. They do not suggest it is fortunately, they have become com- ed last March. That resolution, which easy, because it has not been easy for monplace. That is unacceptable. We passed the House unanimously, cut them. But they ask of us that which haven’t had an unemployment rate at committee funding 5 percent lower they have asked of themselves. Today’s the levels we have seen for such a sus- than the levels for the 111th Congress. economy has forced our constituents to tained period of time since the Great I’ve been pleased to work in a bipar- sacrifice and, as I say, tighten their fi- Depression. Those are not facts that I tisan fashion with my friend and my nancial belts to make ends meet at like to recite on this floor, but those chair, Mr. LUNGREN, to find ways to re- home. Congress should not be and will are the real facts that face our con- duce the cost of running Congress. We not be immune. stituents every single day. have worked together in finding cuts in While most committees are taking a Unfortunately, my area, over the last printing, subscription, and technology 6.4 percent cut in line with the reduced several years, we have had a higher un- services, and we have worked together funding levels of the 2012 legislative employment rate than that which has opposing cuts to the Capitol Police and branch appropriation, certain commit- prevailed in this country. California in providing for the safety of our visi- tees faced with additional oversight re- has had an unemployment rate, I be- tors and our staff. But this deeper cut sponsibilities in 2012 were cut at a lieve, that has been the third worst in to committees is the wrong cut at the smaller percentage in order that they the entire country. We are not immune wrong time. might be able to conduct their work. from what is being felt by the rest of In reality, we have no idea what ef- Particularly daunting will be the the country. And when I am home, as I fect these new cuts will actually have Armed Services’ charge of managing am sure other Members have found in on committee operations. Testimony the automatic sequestration of $600 bil- their districts when they are home, we at our committee’s oversight hearing lion in defense cuts triggered by the constantly hear the refrain, Where are last November by both chairs and Budget Control Act. And I hasten to the jobs? And following that, we hear ranking members confirmed that addi- add that is in addition to, or on top of, the refrain, Why don’t you get your tional budget cuts could undermine our the $400 billion cut that is already House in order, referring to the entire ability to conduct legislative and over- being enforced by prior decisions by Federal Government. Why don’t you sight operations. this Congress and the President. bring spending under control, because I am fearful that further cuts to com- In addition to Armed Services, the we believe it has a specific and direct mittees could continue to handicap our Ethics Committee, tasked with holding and immediate drag on our ability to ability to effectively oversee the execu- Members and staff to the highest eth- create jobs in this country. That ought tive branch. We are cutting deeply into ical standards, has requested and will to be, along with national defense, committees who oversee billions of dol- receive a reprieve from funding reduc- homeland security, our greatest objec- lars of Federal spending. We may not tions. tive. agree on this resolution, but we cer- To help offset these exceptions and And so this is just a small part of our tainly agree that Congress is the first match the reduced appropriations, effort to be responsible. Through the watchdog on executive power and exec- we’ve identified and reduced authoriza- adoption of this resolution and the 5 utive spending. We need the necessary tions of three committee budgets that percent cut during our first session of tools, and they need the necessary we feel are able to absorb a slightly the 112th Congress, this House is doing tools, to do that work. higher reduction in 2012. In addition to its job to step up to the plate and re- I urge my colleagues to defeat this our committee, the Committee on duce spending and find cost savings resolution. I urge a ‘‘no’’ vote, and I re- House Administration, the Committee wherever possible. We are taking bold serve the balance of my time. on Science, Space, and Technology, and steps to demonstrate our commitment Mr. DANIEL E. LUNGREN of Cali- the Committee on Small Business will to reduced spending and tighter budg- fornia. At this time, Madam Speaker, I receive a slightly higher reduction ets. yield 2 minutes to the gentleman from than the 6.4 percent applied to the re- This is not easy. I don’t suggest it is. Mississippi (Mr. HARPER), the chairman maining House committees. It is not easy to say that we are going of the Subcommittee on Elections on Madam Speaker, as we’ve dem- to bring our budgets down and that our House Administration. onstrated over the past year, this employees are not going to have in- Mr. HARPER. Madam Speaker, as a House is committed to living within its creased salaries along with Members of member of the Committee on House means and leading by example by put- Congress, but it is at least what we Administration, I rise in support of H. ting an end to excessive spending. Our ought to do. Res. 496, the 2012 committee funding committees do vitally important over- Combined, I would say these meas- resolution, with full knowledge of the sight of the executive branch and Fed- ures—that is, last year and this year— impact the reduced funding levels con- eral agencies, and that ought to be un- represent the largest percentage cut to tained in this measure will have on the derscored if we are, in fact, going to be committee budgets since the 104th Con- committee system. successful in holding down and control- gress, when the House then adopted a For example, the chairman of the En- ling spending in the executive branch. resolution with an amendment by ergy and Commerce Committee, on We, the legislative branch, are the ex- then-House Administration Committee which I also serve, stated during the

VerDate Sep 11 2014 12:49 Feb 24, 2017 Jkt 019102 PO 00000 Frm 00095 Fmt 0688 Sfmt 0634 E:\BR12\H01FE2.001 H01FE2 rmajette on DSK2TPTVN1PROD with BOUND RECORD 698 CONGRESSIONAL RECORD—HOUSE, Vol. 158, Pt. 1 February 1, 2012 day-long hearing on this resolution It is so crucial that we bite the same ward to cut the budget of committees that his committee would not be able bullet that everybody else has to bite. in this House, just like the American to hold valuable field hearings during And this bloated spending, this run- people have had to cut their budgets in 2012 and would have to restrict other away spending that occurred during their house. committee activities. More severe still, the previous majority in this House has Mr. BRADY of Pennsylvania. Madam more than one ranking member stated got to stop. Spending $850 billion on a Speaker, I continue to reserve. that committee staff would have to be failed stimulus program, increasing the Mr. DANIEL E. LUNGREN of Cali- laid off as a result of the funding reduc- deficit—doubling it, in fact—having fornia. Madam Speaker, I’m prepared tions contained in the resolution. This over $1 trillion worth of deficit spend- to close out the debate. I have no other is unfortunate, but many American ing for now 4 years in a row when we speakers. So if the gentleman would families have faced reduced activities anticipate the President’s next budget, finish his time, I would be happy to as and layoffs as a result of the current this has got to stop. well. economic times, and Congress cannot So we have to put our money where Mr. BRADY of Pennsylvania. I thank exempt itself from such pain. our mouth is, we have to walk the the gentleman again. This resolution will roll back com- same walk as everybody else, and we I urge my colleagues to defeat this mittee funding to pre-2007 levels and is, have to tighten our belt. So, Madam resolution, and I urge a ‘‘no’’ vote. I think, a necessary action as we cut Speaker, that’s why I stand here today I yield back the balance of my time. spending throughout the Federal budg- as a member of the Committee on Mr. DANIEL E. LUNGREN of Cali- et. The committee went to consider- House Administration and one of the fornia. Madam Speaker, I would just able lengths to be fair both to all the subcommittee chairs in strongly en- say that this is an effort on our part to chairmen but also to the minority with dorsing and supporting these nec- give an example to the rest of the gov- no change made to the traditional essary, painful cuts in H. Res. 496. I ernment. This will be a culmination of funding split between the majority and hope we will have support on both sides about a 10 percent cut overall to the minority. This resolution will mean of the aisle. I’m confident we will. committees of this House. We have had that the current Congress will spend I respect, as I say, the ranking mem- combined cuts in terms of our own almost 10 percent less than the pre- ber. He’s a great Member, he works in MRAs, that is, the amount that each vious Congress did. It requires every a bipartisan way, and that’s what this Member has for his budget. And I think is all about. Member of this body, in a nonpartisan as we go forward and having to make Mr. BRADY of Pennsylvania. I con- manner, to participate in the austerity some very difficult decisions with re- tinue to reserve the balance of my spect to future controls of spending on that the American people and the rest time. of their government are experiencing. Mr. DANIEL E. LUNGREN of Cali- the Federal establishment in its en- I commend Chairman LUNGREN for fornia. Madam Speaker, I yield 3 min- tirety, it will serve us well that we his work on this resolution, and I urge utes to the gentleman from Florida have shown the way, that we can make difficult decisions in this regard, and a ‘‘yes’’ vote on the resolution. (Mr. NUGENT), a distinguished member that this is an appropriate, responsible b 1330 of the House Administration Com- action to take. Mr. BRADY of Pennsylvania. I con- mittee and the Rules Committee. Mr. NUGENT. Madam Speaker, I rise With that, I would urge my col- tinue to reserve the balance of my today in support of this resolution. leagues to vote for H. Res. 496. time. This is an important resolution be- I yield back the balance of my time. Mr. DANIEL E. LUNGREN of Cali- cause it brings us back to the greatest The SPEAKER pro tempore. The fornia. Madam Speaker, I yield 3 min- cut since the 104th Congress. question is on the motion offered by utes to the gentleman from Georgia, You know, in tough times like today the gentleman from California (Mr. Dr. GINGREY, who is chairman of the where the American people are pinch- DANIEL E. LUNGREN) that the House Subcommittee on Oversight on the ing pennies to get by, shouldn’t they suspend the rules and agree to the reso- House Administration Committee. have the same expectation of those lution, H. Res. 496. Mr. GINGREY of Georgia. Madam that serve them in this great House? I The question was taken; and (two- Speaker, I thank the gentleman for believe they should. thirds being in the affirmative) the yielding, and I rise in strong support of You know, when talking to people in rules were suspended and the resolu- H. Res. 496, offered by my good friend, my district, they ask and say, what are tion was agreed to. the chairman of the House Administra- you doing to get your house in order? A motion to reconsider was laid on tion Committee, Mr. LUNGREN. By supporting this piece of legislation, the table. With all due respect to the ranking this truly talks about cutting the f member, Mr. BRADY from Pennsyl- spending in D.C. While it’s a small AUTHORIZING THE PRINTING OF vania, I have to agree with the chair- amount comparative to the whole THE 25TH EDITION OF THE POCK- man that this runaway spending that budget, it is the right step in the right ET VERSION OF THE UNITED we have seen occur over the last 4 to 6 direction. It is about doing more with STATES CONSTITUTION years has got to stop. And the Amer- less. The American people are doing ican people clearly, Madam Speaker, that today. So why shouldn’t this gov- Mr. DANIEL E. LUNGREN of Cali- are looking to Members of Congress to ernment do the same thing? I appre- fornia. Madam Speaker, I ask unani- tighten their own belt. And that’s why ciate where the chairman, Mr. LUN- mous consent that the Committee on I think it’s very important that we GREN, has brought us in regards to this House Administration be discharged give them the message that we’re will- important piece of legislation. It really from further consideration of the con- ing to cut our own salaries, we’re real- moves us in the right direction. current resolution (H. Con. Res. 90) au- ly willing to cut our own benefit pack- Cuts across the board are tough; and thorizing the printing of the 25th edi- age. And we have done that; we have if you notice what this committee did tion of the pocket version of the United voted to do that. is it didn’t cover everybody the same, States Constitution, and ask for its im- And these cuts, as painful as they are didn’t treat everybody the same. Under mediate consideration in the House. in regard to our House committees—in- Chairman LUNGREN’s leadership, and The Clerk read the title of the con- deed, 9.5 percent when we include this also the ranking member, they did it, I current resolution. cut over all of the committees, al- believe, in a bipartisan way, that didn’t The SPEAKER pro tempore. Is there though we do cut the House Committee take away from the minority in re- objection to the request of the gen- on Armed Services by a lesser amount, gards to funding as it relates, nor dif- tleman from California? and we plus-up the House Ethics Com- ferently than it did from the majority. There was no objection. mittee, and we think that’s very im- So, Madam Speaker, I strongly sup- The text of the concurrent resolution portant. port this resolution as we move for- is as follows:

VerDate Sep 11 2014 12:49 Feb 24, 2017 Jkt 019102 PO 00000 Frm 00096 Fmt 0688 Sfmt 0634 E:\BR12\H01FE2.001 H01FE2 rmajette on DSK2TPTVN1PROD with BOUND RECORD February 1, 2012 CONGRESSIONAL RECORD—HOUSE, Vol. 158, Pt. 1 699 H. CON. RES. 90 mous consent that all Members have 5 online system for the withdrawal of funds or Resolved by the House of Representatives (the legislative days in which to revise and the processing of a payment for merchandise Senate concurring), extend their remarks and include ex- or a service.’’. (b) PENALTY.—Section 409(a) of the Social SECTION 1. POCKET VERSION OF THE UNITED traneous materials on the Standards STATES CONSTITUTION. Security Act (42 U.S.C. 609(a)) is amended by for the Electronic Posting of House and adding at the end the following new para- (a) IN GENERAL.—The 25th edition of the Committee Documents and Data. graph: pocket version of the United States Con- The SPEAKER pro tempore. Is there stitution shall be printed as a House docu- ‘‘(16) PENALTY FOR FAILURE TO ENFORCE ment under the direction of the Joint Com- objection to the request of the gen- SPENDING POLICIES.— mittee on Printing. tleman from California? ‘‘(A) IN GENERAL.—If, within 2 years after the date of the enactment of the WIN for (b) ADDITIONAL COPIES.—In addition to the There was no objection. Children and Families Act, any State has usual number, there shall be printed the less- f er of— not reported to the Secretary on such (1) 235,500 copies of the document, of which WELFARE INTEGRITY NOW FOR State’s implementation of the policies and 220,500 copies shall be for the use of the CHILDREN AND FAMILIES ACT practices required by section 408(a)(12), or House of Representatives, 10,000 copies shall OF 2011 the Secretary determines, based on the information provided in State reports, that any be for the use of the Senate, and 5,000 copies Mr. BOUSTANY. Madam Speaker, I shall be for the use of the Joint Committee State has not implemented and maintained on Printing; or move to suspend the rules and pass the such policies and practices, the Secretary (2) such number of copies of the document bill (H.R. 3567) to amend title IV of the shall reduce, by an amount equal to 5 per- as does not exceed a total production and Social Security Act to require States cent of the State family assistance grant, printing cost of $114,849, with distribution to to implement policies to prevent as- the grant payable to such State under section 403(a)(1) for— be allocated in the same proportion as de- sistance under the Temporary Assist- scribed in paragraph (1), except that in no ‘‘(i) the fiscal year immediately succeeding ance for Needy Families (TANF) pro- the year in which such 2-year period ends; case shall the number of copies be less than gram from being used in strip clubs, ca- 1 per Member of Congress. and sinos, and liquor stores, as amended. ‘‘(ii) each succeeding fiscal year in which (c) DISTRIBUTION.—The copies of the document printed for the use of the House and The Clerk read the title of the bill. the State does not demonstrate that such the Senate under subsection (a) shall be dis- The text of the bill is as follows: State has implemented and maintained such tributed in accordance with— H.R. 3567 policies and practices. ‘‘(B) REDUCTION OF APPLICABLE PENALTY.— (1) a distribution plan approved by the Be it enacted by the Senate and House of Rep- chair and ranking minority member of the The Secretary may reduce the amount of the resentatives of the United States of America in reduction required under subparagraph (A) Committee on House Administration of the Congress assembled, House of Representatives, in the case of the based on the degree of noncompliance of the SECTION 1. SHORT TITLE. copies printed for the use of the House; and State. This Act may be cited as the ‘‘Welfare In- (2) a distribution plan approved by the ‘‘(C) STATE NOT RESPONSIBLE FOR INDI- tegrity Now for Children and Families Act of chair and ranking minority member of the VIDUAL VIOLATIONS.—Fraudulent activity by 2011’’ or the ‘‘WIN for Children and Families Committee on Rules and Administration of any individual in an attempt to circumvent Act’’. the Senate, in the case of the copies printed the policies and practices required by section for the use of the Senate. SEC. 2. SPENDING POLICIES FOR ASSISTANCE 408(a)(12) shall not trigger a State penalty UNDER STATE TANF PROGRAMS. under subparagraph (A).’’. The concurrent resolution was agreed (a) STATE REQUIREMENT.—Section 408(a) of (c) CONFORMING AMENDMENT.—Section to. the Social Security Act (42 U.S.C. 608(a)) is 409(c)(4) of the Social Security Act (42 U.S.C. A motion to reconsider was laid on amended by adding at the end the following 609(c)(4)) is amended by striking ‘‘or (13)’’ the table. new paragraph: and inserting ‘‘(13), or (16)’’. ‘‘(12) STATE REQUIREMENT TO PREVENT UN- GENERAL LEAVE The SPEAKER pro tempore. Pursu- AUTHORIZED SPENDING OF BENEFITS.— ant to the rule, the gentleman from Mr. DANIEL E. LUNGREN of Cali- ‘‘(A) IN GENERAL.—A State to which a Louisiana (Mr. BOUSTANY) and the gen- fornia. Madam Speaker, I ask unani- grant is made under section 403 shall main- mous consent that all Members have 5 tain policies and practices as necessary to tleman from Texas (Mr. DOGGETT) each legislative days in which to revise and prevent assistance provided under the State will control 20 minutes. extend their remarks and include ex- program funded under this part from being The Chair recognizes the gentleman traneous materials on House Concur- used in any electronic benefit transfer trans- from Louisiana. rent Resolution 90. action in— b 1340 The SPEAKER pro tempore. Is there ‘‘(i) any liquor store; ‘‘(ii) any casino, gambling casino, or gam- GENERAL LEAVE objection to the request of the gen- ing establishment; or Mr. BOUSTANY. Madam Speaker, I tleman from California? ‘‘(iii) any retail establishment which pro- ask unanimous consent that all Mem- There was no objection. vides adult-oriented entertainment in which bers have 5 legislative days in which to f performers disrobe or perform in an unclothed state for entertainment. revise and extend their remarks and to PERMISSION TO PRINT STAND- ‘‘(B) DEFINITIONS.—For purposes of sub- include extraneous material on the ARDS FOR ELECTRONIC POSTING paragraph (A)— subject of the bill under consideration. OF HOUSE AND COMMITTEE DOC- ‘‘(i) LIQUOR STORE.—The term ‘liquor store’ The SPEAKER pro tempore. Is there UMENTS AND DATA means any retail establishment which sells objection to the request of the gen- exclusively or primarily intoxicating liquor. tleman from Louisiana? Mr. DANIEL E. LUNGREN of Cali- Such term does not include a grocery store There was no objection. fornia. Madam Speaker, I ask unani- which sells both intoxicating liquor and gro- Mr. BOUSTANY. Madam Speaker, I mous consent that the Standards for ceries including staple foods (within the yield myself such time as I may con- the Electronic Posting of House and meaning of section 3(r) of the Food and Nu- trition Act of 2008 (7 U.S.C. 2012(r))). sume. Committee Documents and Data, I rise today, Madam Speaker, in sup- which were adopted by the Committee ‘‘(ii) CASINO, GAMBLING CASINO, OR GAMING ESTABLISHMENT.—The terms ‘casino’, ‘gam- port of H.R. 3567, a bill to ensure tax- on House Administration on December bling casino’, and ‘gaming establishment’ do payer dollars in the Temporary Assist- 16, 2011, be printed in the CONGRES- not include a grocery store which sells gro- ance for Needy Families program are SIONAL RECORD. ceries including such staple foods and which used as intended, and that is to provide The SPEAKER pro tempore. Is there also offers, or is located within the same support for low-income families and objection to the request of the gen- building or complex as, casino, gambling, or children and to help them move from tleman from California? gaming activities. welfare to work. There was no objection. ‘‘(iii) ELECTRONIC BENEFIT TRANSFER TRANS- ACTION.—The term ‘electronic benefit trans- The TANF program was created in GENERAL LEAVE fer transaction’ means the use of a credit or 1996, replacing the prior welfare pro- Mr. DANIEL E. LUNGREN of Cali- debit card service, automated teller ma- gram with one focused on work, pro- fornia. Madam Speaker, I ask unani- chine, point-of-sale terminal, or access to an viding short-term help, child care, and

VerDate Sep 11 2014 12:49 Feb 24, 2017 Jkt 019102 PO 00000 Frm 00097 Fmt 0688 Sfmt 0634 E:\BR12\H01FE2.002 H01FE2 rmajette on DSK2TPTVN1PROD with BOUND RECORD 700 CONGRESSIONAL RECORD—HOUSE, Vol. 158, Pt. 1 February 1, 2012 other work supports to get people back policies within 2 years of this bill be- company ends up having to settle for on their feet and earning a paycheck. coming law. $158 million in my home State of Texas In the years following, TANF was This bill will also help restore the because they allegedly lied about drug lauded as one of the most effective republic’s trust in the integrity of the safety and bribed officials. It concerns forms in our social welfare system in program while ensuring families across me when a pharmaceutical company in American history. Employment rates the country continue to receive the as- the State of Texas has an $84 million of those on welfare surged, caseloads sistance they need to move from gov- Medicaid fraud case brought against it. plummeted, child poverty rates fell, ernment dependence to independence. I think we need to be concerned about and taxpayers were confident they The bill we’re considering today sim- fraud in all of its aspects. were actually helping poor families, ply consists of one of the TANF provi- I’d feel better about this bill, how- knowing that they were providing sions in H.R. 3659, the Welfare Integ- ever—because I think repassing it will them with a hand up and not a hand- rity and Data Improvement Act that accomplish practically nothing, I’d feel out. was unanimously passed in the House much better about this legislative ef- Unfortunately, Madam Speaker, an in December. A provision closing what fort if there were just an ounce of the issue has arisen in TANF that is erod- has been called the ‘‘strip club loop- concern that is voiced about the very ing public confidence in the program. hole’’ was also included in the Middle few people who abuse these benefits, if This is the issue of TANF funds, money Class Tax Relief and Job Creation Act the same level of concern were ex- meant to help poor children and their that also passed the House in December pressed about the many who are there families, being accessed and used in and is now in conference with the Sen- who are counting on the safety net, as liquor stores, strip clubs, and casinos. ate. flawed and frayed as it is, who were What started less than 2 years ago as With the exception of several tech- concerned about them and their fami- research by one reporter in Los Ange- nical changes suggested by the Depart- lies and their struggle to share in the les has grown into dozens of investiga- ment of Health and Human Services, it American Dream and were doing some- tions across the country, with each is also identical to bipartisan legisla- thing to get that approved. new investigation adding to the story tion introduced in the Senate last year Yes, we approved this piece of legis- of how millions of dollars in TANF by Senator HATCH and cosponsored by lation as part of a broader extension of funds have been accessed in these loca- Senator BAUCUS, the ranking member the Temporary Assistance to Needy tions. and chairman of the Senate Finance Families program in December. And Let me just mention some of what Committee, respectively. I thank them why hasn’t that become law? has been uncovered: for their hard work on this bill as well. It is separate legislation pending in An Arizona investigation found wel- Passing this bill today will send the Senate. It is also part of the broad- fare funds were accessed in liquor three clear messages: er legislation extending the provisions stores over 100 times in just 3 months; First, the House is serious about this on unemployment, on payroll tax re- A California reporter uncovered that bipartisan, bicameral reform becoming lief. It ought to become law because we welfare recipients cashed out over $4.8 law, ensuring welfare funds are spent need to be concerned about those fami- million in TANF funds in casinos over on families and children as intended; lies that are playing by the rules as a 3-year period; Second, conferees on the yearlong well as the very few who are not play- A Colorado news organization found payroll tax, UI and TANF extenders ing by the rules. cash was being withdrawn in strip bill, should include this bipartisan pro- Now, the gentleman has said that in clubs, casinos, and liquor stores, de- vision in their conference agreement; some States action has already been spite a State law on the books prohib- Third, if those conference discussions taken—California, notably—to deal iting such transactions; break down, the Senate will be able to with the few who might be cashing An investigative report in Georgia join us in quickly passing this impor- their benefits at a casino or a liquor revealed $150,000 in TANF money was tant bipartisan reform and getting it store or whatever. Texas, my home withdrawn in liquor stores, bars, and to the President’s desk. State, was cited as one of those States nightclubs; I urge all my colleagues to support that has already taken action. I think KING 5 News in Seattle found 13,000 this important legislation. that’s great. There’s not anything to TANF recipients who had collectively I reserve the balance of my time. keep the States from taking action on withdrawn approximately $2 million Mr. DOGGETT. I yield myself such this already, if this is a serious prob- from casinos in 2010. time as I may consume. lem. Madam Speaker, this is unaccept- Madam Speaker, I’m against fraud. I Now, some of them have not acted, able. This is unacceptable to the Amer- think everyone here is against it. I’m not because of a lack of concern about ican people. for what’s in this bill. That’s why I fraud but because the mechanics of cor- When the L.A. Times revealed their voted for it back in December, and I’ll recting these electronic benefit cards shocking statistics on the millions in vote for it next month, too, if that will may actually be more expensive than welfare that had been accessed in casi- make for more cooperation here in the the cost that is being experienced by nos, liquor stores, and strip clubs, the House. I think, in a way, this is this the small number of people that might Governor of California took action to election year’s ‘‘welfare Cadillac.’’ And abuse the card. block these transactions immediately. I was against welfare Cadillacs, if there You take Arizona, for example. Gov- Washington and New Mexico have pro- ever were any of those, too. ernor Brewer has plenty of time to hibited access to welfare benefits in ca- This year, we have the ‘‘strip club shake her finger in the face of the sinos. Texas prohibits the use of wel- loophole’’ that has been defined as a President of the United States, to sup- fare benefit cards in liquor stores and political term to suggest that we have port legislation to discriminate against casinos as well. a lot of problems with poor people Hispanic families, who have been in The legislation before us today would abusing their benefits. And to the ex- that State for longer than she and her ensure that taxpayer dollars in the tent that any poor person abuses even family have been in the State. If she TANF program are being used as in- a dollar of these benefits and keeps thinks this is a serious problem, why tended, and that is to assist poor fami- those benefits out of the mouths of doesn’t she act at the State level, as lies with their basic needs and to sup- hungry children, providing the clothes Texas and California and some other port them in their efforts to become those kids need to go to school, I’m States have done, to address this prob- self-sufficient. Under this bill, States against that, and I plan to vote against lem? would be required to block welfare ben- it today. I would submit, while I don’t object efit card transactions in casinos, liquor I favor comprehensive legislation to this legislation in and of itself, that stores, and strip clubs and would be pe- against fraud in public assistance. It the bigger problem that we face is that nalized if they do not implement such concerns me when a pharmaceutical the number of poor American families

VerDate Sep 11 2014 12:49 Feb 24, 2017 Jkt 019102 PO 00000 Frm 00098 Fmt 0688 Sfmt 0634 E:\BR12\H01FE2.002 H01FE2 rmajette on DSK2TPTVN1PROD with BOUND RECORD February 1, 2012 CONGRESSIONAL RECORD—HOUSE, Vol. 158, Pt. 1 701 has surged over the last 4 years, up 27 ment before speaking on this measure Despite this overall progress, TANF percent. Ten million people are below to respond to the gentleman’s remark, can and should be strengthened. Re- what is officially agreed on as being my friend, the distinguished gentleman cently, concern has been raised about the poverty line. And this Temporary from Texas and ranking member on the TANF benefits being withdrawn and Assistance to Needy Families program subcommittee. used at strip clubs, liquor stores, and provides a few of those families a little We’ve worked very hard over the last casinos. This is inappropriate as a use bit of assistance, to have a chance to year on the issue of data standardiza- of taxpayer dollars and an outright turn their lives around until they can tion, correcting flaws in the system, abuse of taxpayer trust. Indeed, as my find longer term employment to pro- got the first data standardization lan- colleague from Louisiana highlighted, vide for their families. guage in the history of the country, an many local news investigations and act that would begin to address issues b 1350 expose´s have verified this unfortunate like this. I beg to respectfully disagree abuse of a well-intended program. How much money are we talking with the position that the ranking One of the most shocking reports to about that might be abused or wasted member took on this, talking about me was from King 5 News in Seattle, at one of these facilities, which might the idea of convenience with the casino Washington. They discovered through just happen to be the maintenance or adult establishments. an investigation that 13,000 TANF re- crew at the casino that use their bene- As somebody who grew up in inter- cipients withdrew approximately $2 fits there. Or it might just happen to esting circumstances and has done a million at casinos just in 2010. be the only store convenient in a poor lot of volunteer work over the last 30 I think it’s very reasonable from an neighborhood is one that’s mostly sell- years with folks with challenges, the oversight position to ask the question, ing alcoholic beverages, that they first question that I would ask if some- why are they in the casino in the first choose to do that. How much might body is in need of assistance is, what in place? The use of these dollars can’t they be abusing? the world are they doing using a card possibly be meeting basic grocery Let me tell you in my home State of to get cash inside of a casino. I’m not Texas the median benefit for a single needs and things like that in an estab- impugning anybody’s integrity, but as lishment like that or any other type of parent with two children is $244 for an somebody who can look across the entire month to take care of those two adult establishment. river from where I live where there are Luckily, some States like Wash- children, 16 percent of the poverty several casinos, there are more than level. ington, New Mexico, and Texas have enough establishments, and I think the begun to take action on a local basis, I want to be concerned, yes, about a deeper question that we have to ad- dollar that is wasted. These are hard- but I believe this is one issue that we dress is how our funds are going to be need to address at the Federal level, at earned tax dollars that go into these used when we help those who are in programs. We need to be concerned the core, first by stopping this problem need. There are legitimate needs that as a symptom and then dealing with about every cent of abuse. But we also these people have, and we’ve got to need to be concerned about the many the deeper systemic and process issues make sure that this program is tight, that we can establish through data who stand to benefit, who stand to that it has the integrity to function so standardization and simple controls so have hope taken away if they don’t see that every dollar is going to meeting these cards will not even work in such these benefits extended. those basic needs. I think it’s a very an establishment. My concern about that is not merely small thing to bring this type of integ- H.R. 3567 would close the so-called academic because of what happened rity to the program. ‘‘strip club’’ loophole within 2 years of last year, the bipartisan agreement I rise in support of H.R. 3567, the Wel- that had extended through many years fare Integrity Now for Children and enactment. The States would be recalled the supplemental program, Families Act of 2011, introduced by my quired to block welfare benefit card which was really a survival program close friend from Louisiana, Congress- transactions in casinos, liquor stores, and strip clubs. In plain language, wel- for Temporary Assistance for Needy man CHARLES BOUSTANY. Families in poorer States like Texas. Temporary Assistance for Needy fare benefits could no longer be The Republicans chose to discontinue Families, or TANF, is a program that accessed at any of these facilities. that program even though it had en- provides support for low-income fami- The same provision was included in joyed bipartisan support and had relies and children that helps them to H.R. 3630, the Middle Class Tax Relief ceived support letters from a number of move from welfare to work. It was a and Job Creation Act, as well as H.R. Republican officials in our area. They successful reform since it replaced the 3659, a standalone TANF extension bill chose to not continue that, and that New Deal-era welfare programs in 1996, introduced by Congressman ERIK PAUL- has severely weakened the safety net and TANF has been successful at cut- SEN, both of which passed the House in in our State. That’s not being contin- ting welfare dependence by 57 percent. December. This bipartisan, bicameral ued. Are there opportunities to improve program integrity provision will safe- Whether they intend to abandon the the program, to strengthen the pro- guard taxpayer funds from abuse and entire Temporary Assistance for Needy gram? Absolutely. There are a variety ensure that TANF benefits will con- Families program or cut it back sub- of issues and core processes that need tinue to provide a helping hand to fam- stantially, it’s hard to tell, given the to be addressed to bring more private ilies that are in need. fact that they’re going only with the sector practices into the management I urge my colleagues to support H.R. very modest provisions of this bill and and administration of the program, 3567. not pushing to provide assistance to all like the data standardization that I Mr. DOGGETT. Madam Speaker, I of those who need that help. talked about earlier, to allow us to un- commend the gentleman for his service I reserve the balance of my time. derstand how funds are being used and as our subcommittee chair and on the Mr. BOUSTANY. Madam Speaker, I how better to serve those who are data issue that will be important in re- am very pleased to yield such time as being helped by providing information ducing any kind of abuse of public as- he may consume to the distinguished to those on the front line. sistance. chairman of the Subcommittee on Even more importantly, though, by I now yield 2 minutes to my col- Human Resources on the House Ways promoting work among single parents, league from the Budget Committee and and Means Committee, the gentleman who are the most common welfare re- someone who’s very knowledgeable GEOFF DAVIS from the great State of cipients, it helps significantly reduce about this, Ms. MOORE from Wisconsin. Kentucky, the author of the TANF re- child poverty in female-headed families Ms. MOORE. Madam Speaker, I rise authorization, who cares deeply about over time. Even at today’s elevated unin strident opposition to the under- the integrity of this program. employment rates, TANF continues to lying bill. I think that it’s fairly cyn- Mr. DAVIS of Kentucky. Madam promote more work and earnings and ical in these tough economic times Speaker, I would like to take a mo- less poverty. when half of all Americans are either

VerDate Sep 11 2014 12:49 Feb 24, 2017 Jkt 019102 PO 00000 Frm 00099 Fmt 0688 Sfmt 0634 E:\BR12\H01FE2.002 H01FE2 rmajette on DSK2TPTVN1PROD with BOUND RECORD 702 CONGRESSIONAL RECORD—HOUSE, Vol. 158, Pt. 1 February 1, 2012 in poverty or at the precipice of pov- So I thank the gentlewoman for rais- State records show the two ATMs at the erty the Republicans want to impose ing this issue, but I’m glad that we can Iron Horse Casino in Auburn dispensed $780 even more barriers on families trying ensure the integrity of this program. I in welfare in the month of July alone. to access much-needed benefits. would submit the most important ‘‘Whew! It’s unbelievable,’’ said Iron Horse I really don’t think that this bill thing we can do is to ensure the integ- customer Louie Vaccaro. ‘‘We have so many adds to self-sufficiency of families but problems in this state. To hear something rity of the program so that it is there like that is mind boggling.’’ rather is just more mean-spirited be- for the children and families that need ‘‘I was surprised by that,’’ says the casino’s rating of low-income people who are el- it. Yet we want to ensure that there is owner Chris Kealy. ‘‘I did not know those igible for these benefits, much like the not an overt abuse of these funds in cards could be used at these machines.’’ mythical welfare queen or even the strip clubs, casinos, and liquor stores Kealy saw our stories last week that food stamp President. while allowing for reasonable excep- showed more than $2 million in welfare cash This bill that includes the provision tions. withdrawn from ATMs in and around casinos that blocks EBT cards from being used Also, I thank the gentlelady and the in the last year. Initially the Department of at liquor stores, strip clubs, and casi- ranking member from Texas for raising Social and Health Services, DSHS, said put- nos, the proponents of this argue that the concern as to the issue of imple- ting a stop to those questionable with- there is no reason to use EBT cards in drawals might be too difficult or costly. mentation cost, and I want to address ‘‘If we find that this is a small incidence places like this. But I say it is an issue that as well. of universal access. I mean, if you want that’s happening, it might not justify the ex- Some States have expressed that we pense that it would try to prevent that activ- to stop to buy gas for your automobile have a loophole that could potentially ity,’’ said Deputy DSHS secretary Troy and you live in Nevada and you work be too costly or too difficult to close. Hutson in a story we aired last week. at one of the clubs or hotels, or you’re However, I want to point out that these It turns out the fix wasn’t difficult or ex- living in a food desert in Chicago where difficulties have been overstated. pensive. For the Iron Horse Casino, it took the closest ATM is a liquor store, what Washington State said the same thing about four minutes on the phone. Kealy says stops people from going to Whole Foods when it was told $2 million in TANF in minutes, and at no cost, his ATM vendor blocked EBT cards—debit-type cards which and using the ATM card there and then funds were being withdrawn in casinos going to a casino? It is just another ef- DSHS uses to distribute cash benefits to in 1 year. 68,000 of the state’s most needy residents. fort to berate those people who are in Madam Speaker, I submit for the the lower class. Organizations representing both tribal and RECORD an article from KING 5 News in non-tribal gambling establishments in Wash- My colleague has already mentioned Seattle, Washington, that speaks di- ington pledged their full support when the additional burden that this imposes rectly to this issue. It talks about the DSHS’s secretary made an announcement on States and financial institutions surprising number of TANF with- two days after KING 5 Investigation aired. who will have to reconfigure thousands drawals in casinos in the State, and it ‘‘I want to shut down every ATM in gam- of ATMs. reports the State said the same things bling establishments that has EBT access,’’ My friends on the right side love to that we’re hearing today in that it may said Susan N. Dreyfus. use the term ‘‘class warfare.’’ And they be hard to close this loophole or that it Kealy and many other casino owners didn’t love to say that we’re just trying to wait for orders from the state. They already would be too expensive to stop. re-programmed their ATMs. And Kealy isn’t pick on the 1 percent of this country. This article goes on to read: The SPEAKER pro tempore. The stopping with his own casino. He’s a board ‘‘It turns out the fix wasn’t difficult member of the Washington Restaurant Asso- time of the gentlewoman has expired. or expensive. For the Iron Horse Ca- Mr. DOGGETT. I yield the gentlelady ciation, which he says is preparing to ask sino, it took about 4 minutes on the bars and taverns—businesses that are more 1 additional minute. phone. Kealy,’’ the casino owner, alcohol than food oriented—to block EBT ac- Ms. MOORE. But I say who’s really cess to their cash machines. Kealy says that working for the least of these? ‘‘says, in minutes and at no cost, his ATM vendor blocked EBT cards . . . would mean another 2,000 ATMs couldn’t be Instead of hindering the American accessed for welfare cash benefits. people, we need to be helping them, to Kealy and many other casino owners didn’t wait for orders from the State. ‘‘The taxes you are paying are supposed to provide greater access. Instead of pass- help fund basic needs, human services,’’ ing these unproductive, symbolic, They already reprogrammed their Kealy says. ‘‘We’re all in this together. I’m mean-spirited pieces of legislation, we ATMs . . . He’s a board member of the supportive of that. But I’m not supportive of need to create jobs and opportunities. I Washington Restaurant Association, those dollars being used in facilities like hope that the American people, Madam which he says is preparing to ask bars this.’’ Speaker, can see the difference. and taverns—businesses that are more Gambling is one of the few restrictions on alcohol than food oriented—to block the use of welfare cash. It is illegal. Welfare b 1400 EBT access to their cash machines. cheats can still get their money at other Mr. BOUSTANY. I want to thank the Kealy says that would mean another ATMs, but casinos hope to stack the deck gentlewoman for raising the concern against them and send the message that wel- 2,000 ATMs couldn’t be accessed for fare dollars aren’t welcome on gaming floors. about ensuring that TANF recipients welfare cash benefits.’’ have adequate access to their benefits So I appreciate the concerns about Madam Speaker, I reserve the bal- in a variety of locations. That’s a very the cost, but I believe closing this loop- ance of my time. important consideration. hole simply won’t be as difficult as Mr. DOGGETT. I yield myself 30 sec- This bill requires States to block ac- some are making it out to be. onds to place into the RECORD a letter cess to welfare benefits in casinos, liq- [From KING5.com, Sept. 23, 2010] from the National Conference of State Legislatures as well as a letter from uor stores, and strip clubs. However, we MORE BUSINESSES MAY PULL PLUG ON know some grocery stores, convenience WELFARE CASH CARDS the American Public Human Services stores, and local markets may sell gro- (By Chris Ingalls) Association and the National Associa- tion of State TANF Administrators. ceries but also sell alcohol and that Many casinos in the state have taken steps some States may have gambling ma- to cut off the flow of cash to welfare recipi- The gentleman may be right. He chines there as well. Because of this, ents. This follows a KING 5 Investigation clearly lacks confidence in States’ the bill allows States to make accom- that showed millions of tax dollars being dis- rights in these areas. The letter from modations for such stores so that they pensed through casino cash machines. the National Conference of State Leg- would not have to block transactions Now we’ve learned thousands more ATMs islatures points out that there is a fi- in places that sell groceries but that could be blocked at other businesses where nancial burden that would be imposed also sell alcohol. If a grocery store hap- welfare dollars may not belong. Bars and on the States and that ‘‘the States taverns in Washington may follow the lead pens to have a gaming machine or if of casinos, which have already started re- have existing contracts with vendors it’s located in the same building or programming their ATMs so they won’t dis- that may have to be changed at a sig- complex as a casino, there are provi- pense cash from EBT cards that are distrib- nificant cost to the States.’’ Let us sions made in this. uted to welfare recipients. hope that does not happen.

VerDate Sep 11 2014 12:49 Feb 24, 2017 Jkt 019102 PO 00000 Frm 00100 Fmt 0688 Sfmt 0634 E:\BR12\H01FE2.002 H01FE2 rmajette on DSK2TPTVN1PROD with BOUND RECORD February 1, 2012 CONGRESSIONAL RECORD—HOUSE, Vol. 158, Pt. 1 703 They come out firmly in opposition AMERICAN PUBLIC HUMAN SERVICES for the state. Most states do not have access to this bill. I do not share that opposi- ASSOCIATION AND NATIONAL ASSO- to ATM addresses, only numeric codes. Shut- CIATION OF STATE TANF ADMINIS- ting down ATMs requires considerable time tion, but I think they raise a legiti- TRATORS, (including on-site visits) to determine which mate concern about the added cost as Washington, DC, December 12, 2011. codes are connected to ATMs in questionable well as the lack of confidence of my Hon. MAX BAUCUS, locations, followed by constant monitoring Republican colleagues in the ability of Senator, U.S. Senate, to ensure that they remain inactive. Addi- tionally, at this point it seems certain that the States to police their own pro- Washington, DC. Hon. DAVID CAMP, some states will have more difficulty than grams. Representative, others implementing this mandate due to NATIONAL CONFERENCE OF Washington, DC. differences in vendors or how their benefits STATE LEGISLATURES, Hon. LLOYD DOGGETT, system is set up. Finally, it is important to January 30, 2012. Representative, note that blocking ATM and/or POS device Hon. JOHN BOEHNER, Washington, DC. access at these locations will not prevent Speaker of the House, Hon. ORRIN G. HATCH, someone who is determined to patronize Washington, DC. Senator, U.S. Senate, these businesses from making a withdrawal Hon. NANCY PELOSI, Washington, DC. at a bank and spending that cash to purchase Minority Leader, Hon. GEOFFREY DAVIS, goods anywhere he or she wants. Washington, DC. Representative, APHSA and NASTA have cooperated fully with GAO in its work and we are very much DEAR SPEAKER BOEHNER AND MINORITY Washington, DC. Hon. SANDER M. LEVIN, looking forward to the results of the report. LEADER PELOSI: On behalf of the National Representative, That being said, we hope that Congress ap- Conference of State Legislatures (NCSL), we Washington, DC. preciates that the passage of any legislation mandating policy changes, such as the one write in opposition to H.R. 3567, the ‘‘Welfare DEAR SENATOR BAUCUS, SENATOR HATCH, proposed in the Middle Class Tax Relief and Integrity for Children and Families Act of REPRESENTATIVE CAMP, REPRESENTATIVE Job Creation Act, ought to happen only after 2011,’’ which is scheduled for a vote on the LEVIN, REPRESENTATIVE DAVIS, AND REP- GAO completes the work commissioned by Floor under Suspension of the Rules on RESENTATIVE DOGGETT: We are writing today Congress. The results of the GAO study will Wednesday, February 1. States share your to share our comments on provisions included in the Middle Class Tax Relief and provide the necessary information to help concern about the inappropriate use of Tem- determine how states have addressed this Job Creation Act of 2011. porary Assistance for Needy Families issue already and whether or not this is in- The American Public Human Services As- (TANF) benefits; however, NCSL strongly be- deed an issue that requires new statutory sociation (APHSA) and the National Associa- lieves that these decisions are appropriately language. tion of State TANF Administrators (NASTA) made at the state level. Again, the state commissioners and the represent the state health and human serv- state TANF administrators appreciate the When Welfare Reform was enacted in 1996 ices commissioners and the state TANF ad- stability provided by this bill for FY 2012 and (P.L. 104–193), state and federal policymakers ministrators, respectively. Both APHSA and look forward to the opportunity to discuss agreed to forgo the open-ended entitlement its TANF affiliate, NASTA, appreciate the the TANF program, as well as the larger of AFDC for the flexibility afforded in the need for a fair and flexible block grant pro- issue of integrated human services adminis- fixed TANF block grant. In this agreement, gram that also ensures accountability for tration, in the year to come as Congress pre- the use of precious federal funds. policy decision making authority was left up pares for a thorough reauthorization of the Therefore, on behalf of the state health to the states including state legislatures. TANF block grant. If you have any questions and human service commissioners and the Mandating states to limit Electronic Benefit please contact Ron Smith or Robert Ek. state TANF administrators, we would like to Sincerely, Transfer (EBT) transactions preempts state thank you for including proposed legislation TRACY L. WAREING, authority over the TANF block grant and that would guarantee funding security for Executive Director, APHSA. undermines the strong state-federal partner- state TANF programs for the remainder of PAUL LEFKOWITZ, ship undertaken in 1996. Additionally, NCSL the federal fiscal year. This is greatly appre- Chair, NASTA. is concerned about the financial burden this ciated as states continue to work with fami- With that, Madam Speaker, I would lies dealing with the impacts of the reces- mandate would impose on states, many of yield 2 minutes to a former member of whose fiscal situation is still perilous. States sion. APHSA is also encouraged to see continued interest in improving the interoper- the House Ways and Means Committee, have existing contracts with EBT vendors ability of data systems by establishing uni- who is very familiar with these issues, that might need to be changed at significant form, nonproprietary data elements. How- and I hope a soon-to-return member of cost to the state if this bill becomes law. ever, there is one provision of this language the House Ways and Means Committee, States are addressing the issues raised in that our members find troubling. the gentleman from Illinois (Mr. H.R. 3567. To date, California and Wash- Our members are concerned about the pro- DAVIS). ington have limited the use of EBT cards and posed mandate (Section 2304) included in this Mr. DAVIS of Illinois. I thank the addressed the complex implementation proc- bill which would require states to develop chairman very much for yielding. and implement policies and procedures for ess of limiting EBT card usage. Many addi- As I listen to the debate and the dis- state EBT cards, blocking their use at casi- tional states are looking at similar EBT lim- cussion and as I listen to my colleague nos, liquor stores and strip clubs. We believe itations and other ways to combat fraud and that, at this moment, there is not enough from Wisconsin talk about universal abuse in their current sessions. known about the issue of potential EBT card access, I am reminded of something If you have any questions regarding what abuse at these establishments to justify a that I read relative to the period of not states are doing to address the concerns of federal mandate such as the one being pro- just dissent but a takeover of Ger- H.R. 3567 or to discuss the bill, please do not posed; furthermore, if a need does indeed many. I remember something that a exist for such legislation, we believe that it hesitate to contact Sheri Steisel rabbi said: They came for the Com- would be more appropriate for the issue to be ([email protected]) or Emily Wengrovius munists. I was not a Communist. They addressed in a more thorough five-year reau- came for the Socialists. I was not a So- ([email protected]). thorization of the TANF program. Sincerely, Currently, the Government Accountability cialist. Then they came for me, and no- THE HONORABLE TOM Office is conducting an audit of ten states to body was left. HANSEN, determine what policies and practices are al- It seems to me that, when we go after South Dakota Senate, ready in place to track and prohibit the use those individuals who are the most vul- Chair NCSL Human of EBT cards in specific circumstances or at nerable people in our society and when Services & Welfare certain venues. While some states have we categorize and stereotype and make Committee. moved forward with implementation of pol- believe that if they get a card that THE HONORABLE BARBARA icy that bars the use of EBT cards at certain they’re going to be at the casino and W. BALLARD, types of businesses, not every state has seen that they’re going to be at the strip Kansas House of Rep- the implementation of such a policy nec- resentatives, Chair essary, desirable, or cost-effective. joint, well, I can tell you that the peo- NCSL Human Serv- While blocking access to EBT cards at spe- ple I know who get cards as TANF re- ices & Welfare Com- cific ATMs might be possible with existing cipients are not usually found at a ca- mittee. technology, it is neither easy nor free of cost sino, and they’re not found at a strip

VerDate Sep 11 2014 12:49 Feb 24, 2017 Jkt 019102 PO 00000 Frm 00101 Fmt 0688 Sfmt 0634 E:\BR12\H01FE2.002 H01FE2 rmajette on DSK2TPTVN1PROD with BOUND RECORD 704 CONGRESSIONAL RECORD—HOUSE, Vol. 158, Pt. 1 February 1, 2012 joint. As a matter of fact, if I thought why low-income people may need to use In using the gentleman’s own argu- that this legislation would provide one ATMs located in these venues—mainly lack of ment that he brought up, this is the iota—one scintilla—of help for TANF access to a financial institution. In Illinois, an question again: If the vast majority— recipients, I would be the first in line estimated 304,000 households have access to and I happen to agree with him—don’t to support it. The reality is I don’t be- no bank, with an additional 773,000 house- go in those places in the first place, lieve it provides any help and that it holds having only limited access to financial why would we not want to put in a sim- does not provide any assistance, and I institutions. This is true in rural and urban ple program control for that small per- will certainly not be voting for it. areas. So, rather than trying to understand centage that does to prevent them All lawmakers agree that we should limit why a small percentage of low-income people from wasting taxpayer dollars? waste, fraud and abuse of taxpayer dollars. use TANF cards in adult locations, the Repub- From the casinos that we have across We all agree that government assistance lican Leadership declares, asserts, and de- the river, from some of the economic should be used for basic necessities, such as cries these citizens are de-frauding the gov- hardship that comes from that and shelter and food. Unfortunately, the Repub- ernment. from my constituents who have fami- lican bill is not a good faith effort to limit I—along with all my colleagues—staunchly lies who have been damaged by this, I waste, fraud and abuse; in contrast, it fans the oppose waste, fraud and abuse of government know, in walking inside any number of flames of prejudice with stereotypes portraying dollars. However, the purpose of this bill is not the casinos on the Ohio River, that I’m our Nation’s poor as abusing government sup- to curb abuse; simply put, H.R. 3567 seeks to not seeing grocery stores, that I’m not port. Simply put, this bill is a stereotype to discredit the poor. Rather than suggesting seeing provisions for food. What I’m rally the cry of the right wing that the poor in ways to help the unemployed access well-pay- seeing are ATMs and access to free our country do not deserve government help. ing jobs, rather than advancing ways to cut chips and for gambling—not to eat. Rather than proposing programs to spur the taxes for the middle-class, rather than pro- I think this begs the deeper question: economy or get Americans working, this Re- posing ways to help our elderly maintain af- To the average man or woman on the publican leadership simply takes cheap polit- fordable health care, and rather than identi- street, if we ask the question ‘‘Is it rea- ical shots. There is no evidence of rampant fying ways to stop using taxpayer dollars to sonable?’’ absolutely. abuse of federal assistance to fuel lewd and subsidize billions of dollars in profits of the oil I want to bring us back to the central lascivious lifestyles. In the state of California industry or the private airplanes and tax shel- point here as to what this does. First is that represents one third of the Nation’s TANF ters of the ultra-wealthy, the Republican Lead- the idea that it costs too much, and I’ll caseload, over a 3 year period, only .04 per- ership again targets the poor—characterizing speak for my other life as a systems cent of Electronic Benefit Transactions oc- them as cheats and frauds. professional. The gentleman from Lou- curred at gaming establishments and only Unfortunately, I know that this smear cam- isiana rightly pointed out that the fix- .001 percent at adult entertainment establish- paign against Americans who are struggling ing of the system is actually an easy ments. In Florida, over a two year period, only will continue. I am sure we will soon see bills thing to do, and we will find ready par- .03 percent of Electronic Benefit Transactions denigrating the unemployed, those needing ticipation and cooperation from those occurred at stores with liquor licenses and .06 food stamps, the homeless, people who have who are involved because they under- percent at casinos or pari-mutuel betting loca- historically struggled with substance abuse, stand the stakes in this. The goal of tions. This is not widespread fraud and abuse, and people who have gone to jail and are try- their businesses is not a further recy- as the Republican bill will have you believe. ing to get their lives back on track. cling of poverty. The goal of their busi- This bill is a false solution in search of a Mr. BOUSTANY. Madam Speaker, I nesses is to make sure, to some degree, non-existent problem that serves to portray the am pleased to yield such time as he that money is not used in a manner poor as undeserving and fraudulent. The may consume to the chairman of the that reflects poor stewardship. I think, TANF extension is under consideration within Human Resources Subcommittee, Mr. ultimately, this is a backstop to assure the Payroll Tax Extension Conference. So, DAVIS. that money that belongs to the United why is this provision on the Floor of the House Mr. DAVIS of Kentucky. I do feel States taxpayer that’s being given to this week moving separately? Solely to deni- compelled to respond since Martin Nie- them as assistance is going to be used grate the poor and impugn their character to moller—the famous German Christian in a proper manner. make the poor appear undeserving of govern- pastor who was quoted after World War At the end of the day, that refutes ment assistance. II when talking about inaction—was the baseline of these arguments— If the Republican Leadership was serious dealing with the issue of the Holocaust, again, going back to the great success about trying to address any potential fraud, the scale of which was so unbelievably that our staffs have had and that the they would have addressed this issue system- beyond the pale of a small technical fix gentleman from Texas and I have had atically in the context of reauthorization. that we’re talking about here that, I over the course of the last year to real- If the Republican Leadership was truly seri- believe, the gentleman diminished the ly begin to move serious, nonpartisan ous about addressing misuse of TANF dollars, value of whatever argument he was process reforms that will help to fix de- they could have required States to detail how making by even quoting him. ficiencies in the system which are not they are protecting against abuse while simul- If I seem to recall my history cor- Democrat or Republican at their root taneously ensuring that the state’s response rectly when I was running a business in but are addressing real questions of does not deny TANF recipients access to ade- 1996, during the welfare debate, Martin broken processes. quate access points and while ensuring that Niemoller was resurrected from the If we were sitting there among our- TANF recipients have Electronic Benefit ac- dead again, using the same quote that selves in a business together that we cess with minimal fees and surcharges. somehow, if we just touch anything were running or if we were sitting with If the Republican Leadership was truly seri- that will provide integrity to our pro- our families and if we noticed that ous about addressing possible misuse of grams with which we want to help the there were an issue, hey, we could put TANF dollars effectively, they would have ad- poor, that, in fact, this is the march a stop to that and we could fix that. dressed the States’ concerns about inability to down the slippery slope to the com- Why don’t we do the same thing here? regulate these transactions and the costly bur- plete takeover and removal of civil It’s not an unreasonable request to den such government over-regulation would rights. look at that. inflict. Indeed, the American Public Human Come on, folks. This is a technical Again, some of the speakers are not Services Association and the National Asso- business discussion. If we were running on our subcommittee, and I think ciation of State TANF Administrators have a business together—and I believe the we’ve had great success in keeping the raised concern about whether there is truly a government should be run that way—I tone of the debate focused on the core need for such legislation and about the costs think we’d be sitting around a table in process problems, not on extremely en- of such policies. the operations room while planning ergetic and emotional rhetoric that If the Republican Leadership was truly seri- ways to legitimately cut costs to more really doesn’t address this root issue. ous about the use of TANF cards at certain efficiently help our customers and to That would be my request as we move establishments, they would have considered eliminate waste. forward. This is a good fix. It is a cheap

VerDate Sep 11 2014 12:49 Feb 24, 2017 Jkt 019102 PO 00000 Frm 00102 Fmt 0688 Sfmt 0634 E:\BR12\H01FE2.002 H01FE2 rmajette on DSK2TPTVN1PROD with BOUND RECORD February 1, 2012 CONGRESSIONAL RECORD—HOUSE, Vol. 158, Pt. 1 705 way to save taxpayer money to legiti- Again, I could go along with strip others on the other side of the aisle mately help those in need. joints; I could go along with casinos. have about access. If food is sold, ac- b 1410 But as I travel across the country, I cess will not be denied. cannot go along with excluding liquor I reserve the balance of my time. Mr. DOGGETT. I yield 2 minutes to stores from being able to provide food Mr. DOGGETT. Well, I couldn’t agree the gentlewoman from California (Ms. that’s needed to these poor families with the gentleman more about the im- WATERS). that live in these food deserts where portance of preserving, in his words, Ms. WATERS. Madam Speaker and there are no grocery stores, no chains, ‘‘the integrity of this program.’’ That Members, I came to the floor to address no other place for them. And when means that none of the public funds are this issue. Despite the fact that I un- they have transportation problems, it wasted or used in an improper way, but derstand that it’s kind of a good polit- really does wreak havoc on them try- it also means that the program’s integ- ical issue in an election year where ing to get even to a place where they rity is preserved to deliver the assist- many people will use this to say I’m could buy food. ance that is needed for the many, many saving the government money and I’m So if you would understand that and families that are playing by the rules keeping those folks on welfare who work to try to make sure that this and need a helping hand. And that’s the don’t deserve government support any- doesn’t stay in here, I would appreciate only area we have difference in this re- way from using this money or this EBT it. gard as far as I personally am con- card to have access in ways that will The SPEAKER pro tempore. The cerned. allow them to be in and take advantage time of the gentlewoman has again ex- The House has already spoken on this of casinos and strip joints, et cetera, pired. electronic benefits issue. I don’t see and it’s a very sexy argument and it Mr. DOGGETT. I yield the gentlelady any harm in the House speaking again looks good and you’ll get a lot of play an additional 30 seconds. this week or next week or next off of it, so I understand that coming Mr. STARK. Would the gentlewoman month—I don’t see a great deal of gain to the floor to protect the poor and the yield? from repassing it, but why not? But most vulnerable is not popular, but Ms. WATERS. I yield to the gen- what I do see harm in is if the many, think about it, just think about it. tleman from California. many people that are playing by the Many of you come from districts Mr. STARK. Isn’t it true that in rules and need this assistance see their where there are liquor stores. These most of the liquor stores and other es- safety net shredded the way these same are small businesses, and most of these tablishments of that type they charge folks shredded the safety net last year liquor stores now serve more other no fees for cashing the checks because when they did not renew the bipartisan products than they do liquor. They they want people to get the cash to TANF supplemental program that has have milk; they have juice; they have gamble? In many of our districts in been so important in poor States with bread; they have meats. They have the California they don’t have to go to large populations of poor people, like kinds of things that many of these poor these payday loan places and pay exor- Texas. families need and they buy at liquor bitant fees to get a check cashed and so There are families there, there are stores. that it really, in many ways, it is help- State programs there that are harmed Why do they buy them at liquor ful in our communities. by the unjustified refusal to extend stores? Because they’re in these food Ms. WATERS. It is very helpful. With that program. At least with what’s left deserts that you have heard the First the liquor stores, they help to stimu- in the Temporary Assistance for Needy Lady talk about, areas all over this late the economy. They sell all of these Families program, which we passed country, whether it is rural or whether foodstuffs. They hire a few people. here as a freestanding bill in December it is urban, where they don’t have gro- Some families have three and four fam- with this provision in it, let’s pass that cery stores. They don’t have the big ily members. entire bill. Hopefully, this message chains. All they have are these small So, yes, I would ask that you exclude says little more than say that the business that are liquor stores who liquor stores from this consideration. House still feels today the same way carry all of the products that a family Mr. BOUSTANY. Madam Speaker, I that it felt 6 weeks ago. could use to feed their family, not just yield myself such time as I may con- That’s fine, but let’s get this entire liquor. sume. Temporary Assistance for Needy Fami- And so I would ask you to take a real I thought I made it clear, and I think lies program approved and in place so close look at this and at least exclude Chairman DAVIS did also, earlier, that the States and the families that depend the liquor stores. These small busi- there are provisions to allow for excep- upon it will have it there. nesses are very important all over this tions as long as the facility serves food. I yield 30 seconds to the gentlewoman country. Yes, they sell liquor. Many of We’re talking about stores that purely from California (Ms. WATERS). us don’t like the idea that even in some sell liquor. So I think the gentlelady’s Ms. WATERS. There’s some confu- of these places there are problems, but concerns are addressed with the bill as sion about what is excluded or in- the folks who go there don’t have to written. cluded. As I understand it, a liquor buy liquor. If there are problems at any Furthermore, I would just say that store that just sells just juice or milk of these liquor stores, local law en- on this side of the aisle, we care very would not be considered a store that forcement should do its job. deeply about this program. There’s sells food. The SPEAKER pro tempore. The broad agreement it’s a valuable pro- Is that correct? Is that your under- time of the gentlewoman has expired. gram. It’s worked. standing? Mr. DOGGETT. I yield the gentlelady If you care about children and you I yield to the gentleman from Lou- 1 additional minute. care about needy families in this coun- isiana. Ms. WATERS. And so when you in- try, then you should care about ensur- Mr. BOUSTANY. If food products are clude liquor stores, all you’re doing is ing the integrity of the program and sold at a store? attacking some small businesses who making sure that the dollars that tax- Ms. WATERS. Milk. are providing foodstuffs—not just liq- payers put forth for these needy fami- Mr. BOUSTANY. If any type of food uor, but foodstuffs; not only in inner lies, these needy children, actually go product, including milk, is sold at a cities, but in rural communities—that to those families and not buying liquor store, States can except those from the families need. So this is punishment, and patronizing strip clubs and going provisions in this bill. this is being very harsh on the most to casinos. Ms. WATERS. Reclaiming my time, vulnerable people in our society to in- That’s what this bill intends to ad- that is not my understanding, and I clude liquor stores in this group of dress. That’s what it does address. It would hope we could work together. stores that you would not like to have creates the proper flexibilities for the Mr. BOUSTANY. Would the gentle- the welfare recipients use. concern that the gentlelady has and woman yield?

VerDate Sep 11 2014 12:49 Feb 24, 2017 Jkt 019102 PO 00000 Frm 00103 Fmt 0688 Sfmt 0634 E:\BR12\H01FE2.002 H01FE2 rmajette on DSK2TPTVN1PROD with BOUND RECORD 706 CONGRESSIONAL RECORD—HOUSE, Vol. 158, Pt. 1 February 1, 2012 Ms. WATERS. I yield to the gen- around out in town with what money This bill would create an entire nation wide tleman from Louisiana. she basically earned, I would say in bureaucracy to address a problem that affects Mr. BOUSTANY. The definition is this case it’s unacceptable. less than 4 one hundredths of one percent staple foods, which include milk. Let’s come back to the real world, (.04%) of all TANF funds and would com- Ms. WATERS. Milk is included in the and I’m not going to yield my time. pletely fail to save any money at all. bill. Let’s come back to the real world and Instead of passing a jobs bill, Republicans Mr. BOUSTANY. Madam Speaker, I look at the reality of this. What is are once again just looking to distract from the would ask if the gentleman has yielded being asked is a procedural and a proc- real issues, this time by attacking American back all of his time? ess change to give better stewardship families in need. Mr. DOGGETT. I yield back the bal- to a program on which we agree about This bill is just a sad attempt to divide our ance of my time. the fundamentals, specifically, the nation by mimicking the Ronald Reagan myth Mr. BOUSTANY. I am pleased to data standardization and control. about the Cadillac driving welfare queen. It yield the remaining time to the gen- There’s virtually no cost to this. was untrue then and it is still untrue today. tleman from Kentucky (Mr. DAVIS), the I understand we have honest dif- As a single mother who once relied on food chairman of the subcommittee, a gen- ferences of opinion here; but I would stamps and assistance to get by during a very tleman who has diligently worked in appreciate that the rhetoric be toned difficult period in my life, I am appalled to see good faith with the ranking member to down and we focus on the reality of Republican politicians attack struggling Amer- reauthorize a TANF program with in- this. If we ask any mom or dad or re- ican families just because they need a helping tegrity that ensures that children and cipient or taxpayer out on the street hand. TANF benefits keep children in homes needy families get the assistance that this fundamental question, I think and in school. TANF benefits keep American they need. overwhelmingly, when they heard it in families from suffering abject poverty. The SPEAKER pro tempore. The gen- the context of reality and not some- What we should be doing is helping these tleman from Kentucky is recognized times the things that happen in the families reignite their American Dreams, not for the balance of the time which is 3 Chamber here, they would look at it making blanket accusations against every low minutes. from a different perspective. That’s income family in America. Mr. PAULSEN. Madam Speaker, thank you b 1420 what we’re asking. With that, I ask all Members to sup- and thank you Dr. BOUSTANY for introducing Mr. DAVIS of Kentucky. Madam port this very reasonable, very meas- this legislation. Speaker, again I remind all of my col- ured, very balanced way to fix a flaw in I rise today as a co-sponsor of H.R. 3567, leagues that when we talk about such a program that can be made better as the Welfare Integrity Now for Children and matters, it’s helpful to focus on tone. a result of that, be better stewards of Families Act because at a time when millions The one thing I’m going to respond to, our taxpayer dollars. And with that, I of Americans are still out of work, and our when the comment was made ‘‘that urge passage. economy is struggling to recover, we must you people shredded,’’ I would have to Mr. BOUSTANY. Madam Speaker, I take every step available to safeguard tax- remind all Members in the Chamber yield myself the balance of my time. payer dollars. Madam Speaker, between January of 2007 and the Speaker that, in fact, that was This bill closes a loophole that, if left uncor- and June of 2010 nearly $5 million in state- passed in a Democratic House when the rected, would continue to allow millions in wel- issued benefits were withdrawn from ATMs in Speaker was Ms. PELOSI and the leader fare funds to be distributed in liquor stores, ca- California casinos alone. of the Senate was Senator REID. sinos, and strip clubs. We need to correct this problem, and H.R. We have worked in good faith Now that this issue has been highlighted by 3567 does just that. through this process. And what I would news organizations across the country, we remind folks about the fundamental This provision requires all states to take must stop this abuse of taxpayer funds and steps to end this abusive practice, safe- question as we look at this, the real ensure this money is used as it should be— issue here—and I grew up in a dysfunc- guarding taxpayer funds from abuse by ensur- to help poor children and families make ends ing that welfare funds are not accessed in tional family. I know what it means to meet. see dysfunctional alcoholism with a strip clubs, liquor stores, and casinos—a prac- A number of States have already closed this tice which has been highlighted in news sto- stepfather leaving and spending the loophole, but this bill will help restore the money in places that were inappro- ries across the country. public’s confidence in the program and ensure This bill ensures all states take action to priate; and I think it’s a fair question, that States work together to end this abuse close this loophole. I note that this policy is as someone who has lived that as a lit- once and for all. the same as that introduced by Senators tle boy, to say, wait a minute, if Dad I strongly encourage my colleagues to sup- HATCH and BAUCUS, the Ranking Member and wants to run off with the EBT card and port this measure, as they have done pre- Chairman, respectively, of the Senate Finance go to one of the boats over in Indiana, viously, so that we can ensure taxpayer dol- Committee, so it has strong support in the we as a body have a responsibility, lars are used as they should be. other body as well. Democrat and Republican, who care Ms. LEE of California. Madam Speaker, as Let’s continue the momentum, pass this leg- very deeply for this country and for the Co-Founder of the Congressional Out of islation, and prove to the American people that our citizens, to say wait a minute, Poverty Caucus, I rise in strong opposition to we are here to get things done in 2012. that’s not an appropriate use. this shameful bill, H.R. 3567. Mr. HOLT. Madam Speaker, last week I The businesses themselves will co- This is a distasteful and misleading bill that voted against the so called ‘‘Welfare Integrity operate. There’s a contextual issue to tries to make it seem like every American in Now for Children and Families Act of 2011,’’ allow the States to deal with the spe- poverty is somehow immoral or criminal. H.R. 3567. cific uniqueness of providers of food- Nothing could be further from the truth. The H.R. 3567 would require states to prevent stuffs. But at the same time, I think vast majority of TANF recipients want nothing the use of Temporary Assistance for Needy that if an EBT card is being used in a more than a good job to support their families Families (TANF) program benefits in a liquor place that may have a drink rack in- and build a bridge to reach their American store, casino, or strip club. side of it and pole dancers on the other Dream. This bill is being disguised as one that end, that is not, under any standard of Now, no one wants TANF dollars to be would ensure taxpayer dollars are being ap- morality, a place where the EBT card spent in casinos or in adult entertainment propriately spent. In reality, this bill is being should be used. venues, but this bill does nothing to actually brought to the floor to demean individuals who I can think of no mother who would prevent that. Shutting down ATM’s in those lo- rely on TANF benefits and to imply that they want the money spent there. I can cations doesn’t stop the money being spent are immoral. think of no circumstance that would there. In addition, this bill would force states to It is ludicrous to suggest that there is a na- justify it. And, frankly, having my own certify nearly every small business as a non- tional problem necessitating that Congress stepfather come home drunk and beat liquor store and how are the standards to be stop TANF recipients from spending their up me and my mother after running established and maintained? money at strip clubs.

VerDate Sep 11 2014 12:49 Feb 24, 2017 Jkt 019102 PO 00000 Frm 00104 Fmt 0688 Sfmt 9920 E:\BR12\H01FE2.002 H01FE2 rmajette on DSK2TPTVN1PROD with BOUND RECORD February 1, 2012 CONGRESSIONAL RECORD—HOUSE, Vol. 158, Pt. 1 707 TANF is a long-standing program, pre- b 1425 forts of implementing the CLASS pro- viously known as Aid for Families of Depend- IN THE COMMITTEE OF THE WHOLE gram. ent Children, that is one of the most important Accordingly, the House resolved The failure of Health and Human parts of our national safety net and that keeps itself into the Committee of the Whole Services to implement the CLASS pro- almost 2 million families from the brink of star- House on the state of the Union for the gram certainly is not a surprise. How- vation. consideration of the bill (H.R. 1173) to ever, it is a catastrophic consequence What is missing from this bill is any discus- repeal the CLASS program, with Mrs. of what happens when Congress rushes sion that in many underserved neighborhoods, MILLER of Michigan in the chair. to enact costly policies and dismisses the closest ATM is located in one of these es- The Clerk read the title of the bill. warnings from independent experts. tablishments. Preventing the use of TANF The CHAIR. Pursuant to the rule, the Most troubling are the budget gim- cards at these establishments could result in bill is considered read the first time. micks used to sell the CLASS program TANF beneficiaries not being able to access General debate shall be confined to and, indeed, the entire law. their benefits. Instead of debating how Con- the bill and shall not exceed 1 hour, The Congressional Budget Office, gress could pass laws that would help with with 40 minutes equally divided and CBO, estimated the CLASS program economic redevelopment in underserved com- controlled by the chair and ranking would save money by collecting pre- munities, we are spending our time vilifying in- minority member of the Committee on miums from enrollees, premiums that dividuals receiving benefits and then sanctimo- Energy and Commerce, and 20 minutes will now never be collected in light of niously taking credit for preventing any mis- equally divided and controlled by the a failed implementation. use. This is part of the message of those who chair and ranking minority member of We knew, Madam Chair, the savings seek to demean the President by calling him the Committee on Ways and Means. estimates for the President’s health the food stamp President. The gentleman from Georgia (Mr. care plan were wrong. It defied com- Further, this bill would cost money—not GINGREY) and the gentleman from New mon sense that such a massive spend- save it. In New Jersey, it is estimated that this Jersey (Mr. PALLONE) each will control ing expansion would have no cost. Now bill would cost $100,000 to implement and 20 minutes. The gentleman from Lou- the President will have to explain to Governor Christie’s office wrote to express isiana (Mr. BOUSTANY) and the gen- the American people why the health their concerns about the bill. tleman from California (Mr. STARK) care law—ObamaCare, PPACA, Patient For a bill that is supposed to be ensuring each will control 10 minutes. Protection, Affordable Care Act, that taxpayer dollars are being well spent, this The Chair recognizes the gentleman Unaffordable Care Act—he’ll now have bill would hinder individuals from obtaining from Georgia. to explain to the American people why their legitimate benefits and cost states more Mr. GINGREY of Georgia. Madam this health care law will cost them $80- money. Every Member of Congress should Chair, I yield myself such time as I plus billion more than what they were have opposed this bill which was more offen- may consume. told. sive than silly. Madam Chair, it has been more than b 1430 H.R. 1173 is another attempt by the Repub- 2 years since the CLASS Act was first licans to embarrass individuals who are on debated as part of the President’s That is more than $80 billion on top hard economic times instead of helping them health care takeover debate. We knew of the trillions the President has added find a job. then that the program was flawed and to the books since he took office in The SPEAKER pro tempore. The unworkable; yet the Democratic-con- January of 2009. question is on the motion offered by trolled Congress ignored these concerns Today, we will have the opportunity the gentleman from Louisiana (Mr. and instead rushed the CLASS program to start over on long-term care reform, BOUSTANY) that the House suspend the through as part of the President’s an issue that’s important to all of us as rules and pass the bill, H.R. 3567, as health care law. we hear from constituents regularly amended. Now, 2 years and more than $800 bil- about the growing cost of long-term The question was taken. lion later, we have finally heard from care services. The market has not even The SPEAKER pro tempore. In the the President and his administration been penetrated 10 percent, Madam opinion of the Chair, two-thirds being that while they have wasted taxpayer Chair. We will now begin that process. in the affirmative, the ayes have it. dollars, this program is in fact not But first, we must take this section Mr. BOUSTANY. Madam Speaker, on implementable. Surprised? Well, you out of the health care bill known as that I demand the yeas and nays. CLASS. We must take it off the books. The yeas and nays were ordered. shouldn’t be. I urge my colleagues to support just The SPEAKER pro tempore. Pursu- The truth is that unbiased analysts what this bill does, remove CLASS ant to clause 8 of rule XX, further pro- such as the American Academy of Ac- from the statute, H.R. 1173, repeal the ceedings on this question will be post- tuaries had raised concerns with the failed CLASS program so that we can poned. program as early as July of 2009, some 5 months before the President’s plan now move forward with reforms that do f was even considered on the Senate work. FISCAL RESPONSIBILITY AND RE- floor. Members from both sides of the With that, Madam Chairman, I re- TIREMENT SECURITY ACT OF aisle also raised concerns about the serve the balance of my time. 2011 program’s long-term sustainability Mr. PALLONE. Madam Chair, I yield Mr. GINGREY of Georgia. Madam during this debate. Most disturbing is myself such time as I may consume. Speaker, I ask unanimous consent that what we came to find in a bicameral in- Madam Chair, there are millions of all Members may have 5 legislative vestigation last year that revealed con- Americans currently in need of a long- days in which to revise and extend cerns from within HHS were rampant term care program and many more their remarks on H.R. 1173 and insert during PPACA debate, but they were that will require these services in the any extraneous material on the bill. never brought to light by the Demo- future. Despite the great achievements The SPEAKER pro tempore. Is there cratic leadership or the Obama admin- of our country, the U.S. lacks an af- objection to the request of the gen- istration. Yet the program was rushed fordable and ethical system of financ- tleman from Georgia? through so that we can, as then-Speak- ing long-term care services. The There was no objection. er PELOSI noted, ‘‘find out what’s in CLASS program is a significant step The SPEAKER pro tempore (Mr. it.’’ towards finding a realistic solution to BOUSTANY). Pursuant to House Resolu- On October 14, 2011, Secretary this problem. However, many of my Re- tion 522 and rule XVIII, the Chair de- Sebelius announced what honest ac- publican colleagues have taken a clares the House in the Committee of counting told us was inevitable: the stance against CLASS without pro- the Whole House on the state of the Obama administration finally admitted posing any real solutions for long-term Union for the consideration of the bill, there was no viable path forward and, care access in America, and I strongly H.R. 1173. therefore, was halting any further ef- oppose H.R. 1173 and consider it to be a

VerDate Sep 11 2014 12:49 Feb 24, 2017 Jkt 019102 PO 00000 Frm 00105 Fmt 0688 Sfmt 0634 E:\BR12\H01FE2.002 H01FE2 rmajette on DSK2TPTVN1PROD with BOUND RECORD 708 CONGRESSIONAL RECORD—HOUSE, Vol. 158, Pt. 1 February 1, 2012 blatant disregard of a growing crisis in sumers while saving Medicaid dollars. take care of you, but we’re not re- this country. American families have too few long- quired to under Federal law. They said Madam Chair, Republicans continue term care options, and they need our that they didn’t want the Affordable to propose repeal of various aspects of help. Rather than repeal CLASS, we Care Act; they wanted to repeal it. But the Affordable Care Act. We heard my need to continue the dialog in the de- they haven’t told us what they want to colleague from Georgia today. And how velopment of a viable plan forward. put in its place. They said that this many other times how many on the Again, let’s mend it, not end it. Mov- was going to be repeal and replace. other side have said, well, let’s just re- ing forward with H.R. 1173 shuts the They have proposed a repeal, but we peal the Affordable Care Act, let’s re- door on a problem that simply cannot have no proposal to replace it. peal pieces of the Affordable Care Act? be ignored. Republicans now want to take a part But they never come up with any I reserve the balance of my time. of the Affordable Care Act, the CLASS meaningful alternatives. And the same Mr. PITTS. Madam Chair, I yield 1 program, that is the one and only sig- is true today. They’re talking about minute to the gentleman from New nificant new initiative to put in place outright repeal of CLASS without any Jersey (Mr. LANCE), a very valued to deal with our country’s long-term meaningful suggestion of an alter- member of the Subcommittee on care crisis. Those who are supporting native. Health. this bill say that the CLASS Act is not My message to my colleagues on the Mr. LANCE. Madam Chair, I rise the right solution to our long-term other side of the aisle is that we should today in support of repealing the care problem. Well, I don’t think it’s mend the CLASS Act and not end it. CLASS Act. perfect, either. But the solution is to This country is already facing a long- In hearings before the Energy and amend the program, to make it work, term care crisis, but the problem is Commerce Committee, my colleagues not just repeal it and leave nothing in only going to get worse. As our popu- and I learned that the CLASS program its place. lation continues to age, an estimated was a ticking time bomb fiscally, a new If we leave nothing in its place, we 15 million people are expected to need entitlement program that Health and have the status quo. And what does the some sort of long-term care support by Human Services Secretary Kathleen status quo mean? The status quo 2020. If we don’t solve the need for af- Sebelius has said is ‘‘totally means that for some who are on Medi- fordable long-term care in this country unsustainable’’ financially. Richard care, they will have a minimal amount soon, we will also jeopardize our enti- Foster, chief actuary of the Centers for of coverage for their long-term care tlement programs. Currently, Medicaid Medicare and Medicaid Services, wrote services. And to get any other help, pays 50 percent of the cost of long-term in 2009: ‘‘Thirty-six years of actuarial people will have to go through the in- services, and that price tag is quickly experience lead me to believe that this dignity of impoverishing themselves. A rising every year. The CLASS program program would collapse in short order system that is in place for the very was designed to allow people to stay at and require significant Federal sub- poor would be called upon then, the home and prevent the cost of nursing sidies to continue.’’ And Senate Budget Medicaid system, to cover their long- home care that burdened Medicaid. Committee Chairman KENT CONRAD has term care needs, especially if they had Now, I want to correct one thing. I called the CLASS program ‘‘a Ponzi to go to a nursing home. Well, many el- know in the Rules Committee some of scheme of the first order.’’ To her cred- derly and disabled individuals will be my colleagues talk about the adminis- it, Secretary Sebelius in October called forced to leave their families and com- tration’s position on this bill. The ad- for an end of the CLASS program, add- munity of friends for institutionaliza- ministration made it quite clear in a ing that there was not ‘‘a viable path tion because that’s all that some hearing that we had on this bill that forward for CLASS implementation at States will cover. they’re opposed to repeal of the CLASS this time.’’ Families will have to do what they Act. They acknowledge that there are Madam Chair, we have a serious long- call ‘‘spend down.’’ They have to spend workable solutions under the CLASS term care problem that is driving pa- their money until they’re in poverty. program, but didn’t feel that they have tients into bankruptcy and weighing So they lose their dignity along the the legal authority—I stress legal au- down an overburdened Medicaid pro- way in order to qualify for Medicaid as- thority—to implement them. So the gram. But before we can develop bipar- sistance. The CLASS Act was trying to Department of Health and Human tisan solutions to address this impor- take some of the burden off Medicaid, Services has more work to do, and I tant issue, we must first repeal the some of the indignity away from sen- have suggested on numerous occasions misguided CLASS program. Only then iors. Medicaid expenditures for the that the CLASS Advisory Council, can we begin anew and properly ad- most part are paying for long-term which is organized under the legisla- dress the long-term health care prob- care, and that will escalate even fur- tion, be convened in order to offer their lem. ther. In 2010 alone, Medicaid spending expertise. Mr. PALLONE. Madam Chair, I yield for these services cost some $120 bil- The CLASS program is a framework such time as he may consume to the lion. that will facilitate a solution to our ranking member of the full committee, b 1440 long-term care crisis. However, all I Mr. WAXMAN. continue to hear from my colleagues Mr. WAXMAN. Thank you for yield- And we have a baby boomer popu- on the other side of the aisle is that ing that time to me, Mr. PALLONE. lation that is continuing to age. The Congress can’t do anything. It’s this Madam Chair, I rise today in strong number of Americans in need of long- negative attitude, the idea that Con- opposition to H.R. 1173. This bill is an- term care assistance will grow, gress can’t address any problem. And I other Republican attempt to tear down compounding each of these problems. just sincerely hope that my colleagues, and dismantle programs that provide So what is the Republican answer to when they come to the table, come up health care in the United States. Now this problem? Nothing. Just repeal the with a workable solution. Don’t just we have Medicare, and the Republican program that attempts to give some ef- tell me we have to repeal things, we alternative to Medicare is to just shift fort to deal with these costs for people can’t do anything, and the government more costs on to seniors, give them a who need long-term care. can’t do anything. Cowardly running voucher and let them pay more if they Let’s not lose this incremental piece. away from the problem through repeal want more than that voucher will pro- Let’s figure out how to add on to it, is simply not the answer. vide, and that voucher is not going to how to change it, but don’t repeal it. Overall, the CLASS Act promotes provide much over time. I urge my colleagues to reject H.R. personal responsibility and independ- On Medicaid, they just want to shift 1173. ence. Those are the values that you the costs on to the States so the States Mr. PITTS. Madam Chair, I just want talk about a lot. It allows the govern- can tell a lot of very poor people, I’m to remind everyone that under the ment to put choice in the hands of con- sorry, we don’t have enough money to CLASS Act there’s not one person in

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This bill term care program. one who had been following the issue. would save hardworking taxpayer dol- I urge my colleagues to vote ‘‘yes’’ Even before its inclusion in the Presi- lars and eliminate a costly and flawed on H.R. 1173. dent’s health care law, PPACA, in ObamaCare provision known as the Mr. PALLONE. Madam Chair, I yield March of 2010, we were warned by the CLASS Act. 2 minutes to the champion for senior administration’s own actuary, the This program was sold as a self-sus- citizens, the gentlewoman from Illinois American Academy of Actuaries; Mem- taining program, one that would re- (Ms. SCHAKOWSKY). bers of Congress from both parties; and duce Federal spending. However, the Ms. SCHAKOWSKY. I thank the gen- outside experts that the program would program was problematic from the tleman. not be fiscally sustainable. On July 9, You know, there’s a lot of areas of start. The President and the Democrat 2009, approximately 8 months before agreement. We all agree that we’re in leadership in the Congress knew this PPACA was signed into law, CMS’s the midst of a long-term care crisis. We fact over 21⁄2 years ago and still in- own actuary, Richard Foster, wrote ‘‘36 agree that today there are 10 million cluded the CLASS program in the years of actuarial experience lead me Americans in need of long-term care health care bill. to believe that this program would col- services and support. By 2020, that During an investigation, it was re- lapse in short order and require signifi- vealed that Obama administration offi- number will grow to 15 million, and by 2050, the number of seniors who need cant Federal subsidies to continue.’’ cials and Senate Democrats were very I support the intent behind the much aware that this was not going to long-term care will reach 26 million. The costs associated with long-term CLASS program to help Americans work and that Department officials care are high. We agree on that. Nurs- purchase long-term care policies that warned for a year before passage that ing homes can cost over $70,000 a year, most of us will end up needing at some the CLASS program would be a fiscal and 20 hours a week of home care can point, but only about 9 million Ameri- disaster. As far back as May of 2009, the cost nearly $20,000. But repealing the cans actually purchase. Long-term care CMS Chief Actuary sent an email that CLASS Act does nothing to address the costs are frighteningly high, and many warned officials that the program glaring need for adequate coverage of Americans face bankruptcy or ending doesn’t look workable. These 200 pages long-term care services and support. up on Medicaid, or both, in order to get of exhibits from the investigation show The CLASS Act addressed a number of the care they need. that Department officials were voicing critical needs, including providing a But while the goals of the program concern to Senate leadership all the way for persons with disabilities to re- were worthy, good intentions do not way up until passage in December of main independent in their community make up for fundamentally flawed, ac- 2009. This was all concealed from Con- and bringing private dollars into the tuarially unsound policies designed to gress and the American public. long-term services system to reduce re- show the illusion of savings. The Presi- After enactment, the concerns con- liance on Medicaid without impover- dent has left us with a budget hole of tinued. On February of 2011, Secretary ishing individuals and families. We more than $80 billion. The irresponsible Sebelius testified before the Senate Fi- agree that the CLASS Act is far from nature of the CLASS program’s inclu- nance Committee that the CLASS pro- perfect, but it does provide a frame- sion in the health care law is just a gram is totally unsustainable in its work to begin to deal with the prob- sample of the budget gimmicks used to present form. And finally, this past Oc- lem. pass the health care law in the dark of tober, the Department announced that So it seems to me if we all agree on the night nearly 2 years ago. The Presi- the program was still not financially the need, not only the need for long- dent will have to explain why, years feasible. What we are seeing now is term care but the need to do better, later, the taxpayers are left with a that, as well intended as it is, the then instead of repealing the CLASS failed program that will cost this Na- CLASS program is unworkable. Act and passing H.R. 1173 with no effec- tion at least $80 billion. That is more The objective of providing long-term tive alternative, we could, right now than 150 Solyndra scandals. health care is laudable and should be a today, sit down and work together to b 1450 priority of Congress. Therefore, we repair this program. Ignoring it or even must identify a long-term, common- postponing this long-term care crisis Shelving this failed program is not sense solution for our health care. That simply is not going to make it go enough. As long as it is on the books, is why last week I asked GAO to conaway. it will continue to create substantial duct a study of the Medicaid Long- Mr. PITTS. Madam Chair, I yield my- uncertainty in the private sector about Term Care Partnership Program and self such time as I may consume. what the government’s role in long- survey States on how to improve the Madam Chair, I’d like to speak to term care insurance will be. Let’s re- partnership program so that more H.R. 1173, the Fiscal Responsibility and peal the CLASS program, not try to Americans can properly plan for their Retirement Security Act of 2011, which tinker around the edges of a fundamen- long-term care needs. repeals the CLASS program which was tally flawed model, and take up real so- This public-private partnership be- rushed into law in the President’s lutions to this problem instead. tween States and long-term care insur- health reform bill. I urge my colleagues to support H.R. ance plans was designed to reduce Med- Last February, HHS Secretary Kath- 1173, to repeal the failed CLASS pro- icaid expenditures by lessening the leen Sebelius publicly admitted that gram so that we can move forward with need for some people to rely on Med- the more than $80 billion CLASS Act reforms that work. icaid to pay for long-term health care was ‘‘totally unsustainable.’’ But it And with that, I reserve the balance services. was not until 8 months later, on Octo- of my time. The partnership program is not the ber 14, that the Department of Health Mr. PALLONE. I yield, Madam Chair, only solution to our long-term health and Human Services announced it was 2 minutes to the gentlewoman from care, but it is a helpful tool to help not moving forward with the imple- California (Mrs. CAPPS). Americans plan for their health care mentation of the CLASS program ‘‘at Mrs. CAPPS. I thank my colleague long-term needs, unlike the this time.’’ from New Jersey for yielding. unsustainable and costly CLASS Act On October 26, 2011, Assistant Sec- Madam Chair, I rise today in opposi- embedded in ObamaCare. retary Kathy Greenlee testified before tion to this bill. We all know that we

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In These are the folks who fall through doing what is fiscally responsible, and order to move forward with a new plan, the cracks every day, spending down that is eliminating the CLASS pro- we need to get the CLASS Act off the all their assets until there’s nothing gram and getting to work right now in books. left, and then relying on our strained a bipartisan manner on a solution to I urge my colleagues to support this Medicaid program for care. This is long-term care. bill. what the CLASS program tries to Mr. PALLONE. Madam Chair, can I Mr. PALLONE. Madam Chair, I yield 11⁄2 minutes to the gentlewoman from avoid. It should provide a modest, but inquire how much time remains on Connecticut (Ms. DELAURO). meaningful, benefit to individuals who each side. Ms. DELAURO. I rise in strong oppo- The Acting CHAIR (Mrs. EMERSON). need support to stay out of costly nurs- sition to the repeal of the CLASS Act. ing homes, benefits they’ve already The gentleman from New Jersey has 9 We are at another start of another paid into. minutes remaining. The gentleman session of the Congress, and this major- 1 We can all agree that the CLASS pro- from Pennsylvania has 7 ⁄2 minutes re- ity is following the same playbook as gram, as currently written in the stat- maining. last year. The American people are ute, is not perfect, but few things are. Mr. PALLONE. Madam Chair, at this waiting for this institution to do some- We can use it as a framework upon time I yield 11⁄2 minutes to the gen- thing—anything—to create jobs and re- which to fix and implement this pro- tleman from Illinois (Mr. DAVIS). store our economic prosperity instead gram, one that would be amended, im- Mr. DAVIS of Illinois. I thank the of putting forward ideological bills proved and made sustainable, rather gentleman from New Jersey for yield- that have nothing to do with jobs and than destroyed. ing. that are intended to roll back health Repealing the CLASS Act does not H.R. 1173 would eliminate the poten- care and senior care in America. Right remove the Nation’s need for long-term tial for many of our citizens to be able now, less than 10 percent of Americans care. Rather, it makes the path to sus- to afford long-term care that provides over 50 have long-term health care in- tainable solutions much more difficult. services and other supports. This effort surance, even though a large percent- Moreover, in the majority’s rush to re- to remove support services is not the age of individuals will need long-term peal, they have overlooked a vital com- solution, but instead a faulty and irre- care services at some point. ponent that will also be affected by sponsible policy initiative which would Some studies indicate that up to two- this bill, the National Clearinghouse burden people in our health systems. thirds of Americans that live beyond 65 for Long Term Care. Regardless of when individuals may will need long-term care. The CLASS The clearinghouse, which was estab- need these services, there is a lack of Act, a bipartisan addition to the 2010 lished with close-to-unanimous Repub- financing options to help them pay for health reform, seeks to help provide lican support, is the only dedicated the services they need to maintain access to quality, affordable insurance place for individuals to learn about their health, independence, and dignity for long-term care. The program must their long-term care options. However, when they lose the capacity to perform be actuarially sound and legally solid. a vote for this bill is a vote to strip basic daily activities without assist- Why would we repeal this bill? It is funding from this vital public resource. ance. time for the majority to stop playing In fact, the original bill abolished the Medicare does provide limited pay for games and to get serious about fixing program altogether until I fought to long-term care services. Medicaid does the economy. America needs more jobs, save it in our committee. cover, but pays only for services for not less health care. And while the authorization has been people with very limited means. Many I urge my colleagues to stand up for saved, we all know that a program private long-term care insurance plans seniors and oppose this repeal. without any funding is not much of a are costly and difficult to acquire. I Mr. PITTS. I reserve the balance of program. So the result is yet one more say that the real answer is to retain my time. obstacle for American families trying services that we are currently poised to Mr. PALLONE. Madam Chair, I yield to care for their loved ones. These are provide. 2 minutes to the gentleman from Texas the people who will lose out, and defi- I oppose H.R. 1173. (Mr. DOGGETT). Mr. DOGGETT. Is it just too much to nitely lose out by this repeal. Mr. PITTS. Madam Chair, I yield 1 So I strongly urge my colleagues to minute to the gentleman from Ken- ask that seniors that are struggling in a nursing home after a lifetime of work vote against this bill. tucky (Mr. GUTHRIE). Mr. PITTS. Madam Chair, I yield 1 Mr. GUTHRIE. I thank the gen- get a little economic security, that minute to the gentleman from Illinois tleman for yielding. they get a little dignity? Is it too much to bring just a little peace of mind to (Mr. LIPINSKI). I rise today in support of H.R. 1173, to Mr. LIPINSKI. I rise today in support repeal the CLASS Act established in a family that is burdened with a parent that is suffering from Alzheimer’s or of fiscal responsibility and in support the Patient Protection Affordable Care some other debilitating condition? of H.R. 1173. The CLASS program was Act. Sadly, this does appear to be too much created with a good intention, reliev- The CLASS Act was unsustainable to ask from some here. and unworkable from the time it was ing the crushing burden of long-term One year ago, the House Republican care. But we have known from the be- enacted. Even at the time the health majority’s first major action, once ginning that this program would not be care bill was passed, it was evident they gained control of Congress, was to able to sustain itself without a massive that the health care program was com- repeal health insurance reform. At the bailout from taxpayers. The CBO said pletely unworkable. The CLASS Act is time they did that, they said they were so. Medicare’s Chief Actuary said so; such an egregious budget gimmick that for ‘‘repeal and replace.’’ But the only and, more recently, Secretary Sebelius even Health and Human Services Sec- replacement they offered for their re- concluded the CLASS Act was totally retary Kathleen Sebelius has admitted peal was a little flimsy 11⁄2-page bill unsustainable and decided not to im- the program is unsustainable. that I call ‘‘the 12 platitudes.’’ plement it; and for this, I give her cred- Repeal of the CLASS Act isn’t as it. scary as those on the other side would b 1500 But the program is still in law. And have you think it would be. In fact, the They proved to be only platitudes be- given the trillion-dollar deficits that Obama administration has already ac- cause during the intervening months,

VerDate Sep 11 2014 12:49 Feb 24, 2017 Jkt 019102 PO 00000 Frm 00108 Fmt 0688 Sfmt 0634 E:\BR12\H01FE2.002 H01FE2 rmajette on DSK2TPTVN1PROD with BOUND RECORD February 1, 2012 CONGRESSIONAL RECORD—HOUSE, Vol. 158, Pt. 1 711 they’ve done nothing about long-term Not a week goes by that I don’t hear cause they couldn’t pay their health health care or any other kind of health from hardworking, small business peo- care bills, and you stand there with no care for the American people. ple in the Fifth District of Texas. alternative whatsoever. Whatever hap- Today, they continue to deny Ameri- I heard from a furniture businessman pened to the ‘‘replace’’ part of the ‘‘re- cans actual solutions to health care in Garland, Texas, who told me: I could peal and replace?’’ Remember that? problems, and once again, they have a start two companies and hire multiple That nonsense we heard last year? flimsy 11⁄2 page bill. They don’t have people, but based on this administra- Without the CLASS Act or an alter- ‘‘repeal and replace,’’ they have ‘‘re- tion and the lack of facts with native, people who struggle the most peal and deny.’’ They’re in a state of ObamaCare, I’ll continue to sit and with daily tasks due to illness will be denial that there is a problem with wait. the ones to suffer. You know that. You long-term care, and they continue to I heard from a gentleman who ran a know there are millions of people out deny meaningful relief to families that music business in Palestine, Texas: Our there suffering, yet we have not come are struggling with health care bills, business is hampered by the uncer- up with an alternative plan. Yet you and particularly, long-term health care tainty of tax policy, regulations, and condemn this, yet you accuse every- bills. ObamaCare. body of failing, but you don’t have a There is a 75 percent chance that I had one in Dallas, Texas, after hav- plan yourself. some American who reaches age 65 will ing to lay off 24 people in the last 2 Where is your heart for the middle find themselves in need of long-term years, who wrote to me and said: You class? Have you no heart? know what? We’re going to have to ter- care. Paying for that care can bank- ANNOUNCEMENT BY THE ACTING CHAIR minate one more in February due al- rupt a family and the children of a par- The Acting CHAIR. Members should most entirely to the impact on my ent who needs that kind of care. An av- remember that all remarks must be ad- business of the health care reform we erage cost for nursing home services, dressed to the Chair and not to one an- for example, of $70,000 can surely and have. We are stymied. There is no doubt that the Presi- other in the second person. quickly sink a lifetime of savings. Mr. PITTS. I continue to reserve the The CLASS Act is far from perfect. It dent’s health care plan is killing jobs. House Republicans have repealed it in balance of my time. needs to be changed. But instead of re- The Acting CHAIR. The gentleman pealing it, we ought to be focusing on its totality. It has been blocked by the President, by Democrats. So if we can’t from New Jersey has 2 minutes remain- necessary changes. Where is the coming. The gentleman from Pennsylvania mitment to doing something about do it in its totality, we’ll do it piecemeal. has 4 minutes remaining. long-term care? There haven’t even Mr. PALLONE. I suggest that you go been hearings on how to resolve this We need to start out by repealing the CLASS Act, which Secretary Sebelius next because I only have myself, and problem. then we’re going to move to Ways and The Acting CHAIR. The time of the has said is totally unsustainable. Dem- ocrat Senate Budget Committee Chair- Means. gentleman has expired. Mr. PITTS. Madam Chair, I believe Mr. PALLONE. I yield the gentleman man KENT CONRAD called it a Ponzi scheme of the first order. we have the right to close, and we have another 30 seconds. just one speaker. Mr. DOGGETT. There was a leg- The President’s policies have failed. I reserve the balance of my time. endary Texas House Speaker of this It’s time to enact the House Repub- Mr. PALLONE. I yield myself the body, Sam Rayburn, who said that it lican Plan for America’s Job Creators. It’s time to repeal the CLASS Act. balance of the time. takes a master carpenter to build a Madam Chair, I just want to stress barn but any mule, I think he said, can Mr. PALLONE. Madam Chair, I yield 2 minutes to the gentleman from New again, you know, I hear from the other tear one down. side of the aisle over the years how Well, it’s time that we get together Jersey (Mr. PASCRELL). people should take personal responsi- to build a solution for long-term health Mr. PASCRELL. Madam Chair, I’m bility. The idea of the CLASS Act is care, not just tear it down. tired of hearing the President is a fail- Mr. PITTS. It is unconscionable to ure. I’m tired. You can smirk all you that people pay into the trust fund, and promise something to people when you want. There’s no perfection on this then when they become disabled, they know it won’t be there. floor. There’s no perfection down the take the money out to pay for services Your own administration admits the street. You didn’t give these speeches so that they can stay in their home and CLASS Act doesn’t work. Zero people in 2008 when we were losing 500, 600, don’t have to go to a nursing home. will be enrolled in the CLASS Act. 700,000 jobs a month. Not one of you Now, when they do that, they save They have a program that does not came to the floor. Shame on you. the government money because this is work, a program they know that does Now what we want to do, we want to their own money that is being spent to not work. That is building a false sense turn our backs on those 10 million keep them in their home, to keep them of security in people instead of working Americans currently who need long- in the community so they don’t have on the real policy. term care. We have no alternative. to spend down and then eventually be- I yield 2 minutes at this time to the We all agree that there needs to be come a ward of the State, essentially, gentleman from Texas (Mr. HEN- change in the present system that has because Medicaid ends up paying for SARLING), our conference chair. yet to work. We have to find a way to their nursing home care. Mr. HENSARLING. Madam Chair, it make long-term care both accessible So this is a solution to a long-term is clear that the President’s policies and affordable. These problems will not care problem. Not a complete solution, have failed. One in seven now have to simply disappear. They’re not going to but certainly a partial solution. rely on food stamps. Half of America go away. I agree with Mr. PASCRELL, which is now is either classified as low income This bill certainly does not fix these that when I listen to the other side of or in poverty, and millions remain un- problems. The bill does not even pro- the aisle, the gentleman from Texas employed. vide an alternative. All it does is at- was quite clear: Let’s repeal the entire Yesterday, the Congressional Budget tack the progress made in the Afford- Affordable Care Act. If we can’t repeal Office announced one more of the able Care Act. You’ve tried to wean it the whole thing, then we’ll repeal it President’s failures, and that is, he is down. You’ve tried to bevel it. You’ve piecemeal piece by piece, which is on track to deliver his fourth trillion tried to covet. You tried to take all the what’s going on here today. Well, dollar-plus deficit in a row. money away that’s going into it in again, it’s not a very responsible posi- Somebody needs to tell the President order to have a system in this country tion unless you come up with an alter- we’ve got to quit spending money we that was not sustainable in the first native. don’t have for jobs we never get. place. We’re in the Energy and Commerce One more failure, Madam Chair, is Sixty-two percent of small businesses Committee. We’ve had hearings on the President’s health care program. over the last 5 years went under be- this. I’ve yet to hear anyone come up

VerDate Sep 11 2014 12:49 Feb 24, 2017 Jkt 019102 PO 00000 Frm 00109 Fmt 0688 Sfmt 0634 E:\BR12\H01FE2.002 H01FE2 rmajette on DSK2TPTVN1PROD with BOUND RECORD 712 CONGRESSIONAL RECORD—HOUSE, Vol. 158, Pt. 1 February 1, 2012 on the Republican side with an alter- Subsequently, in December of 2010, den and were able to provide for him native. All they keep saying is let’s the President’s fiscal commission rec- even though it was somewhat of a just repeal this and we’ll figure some- ommended Congress reform or repeal— strain. thing out down the line. not amend—the CLASS Act. The com- This is a serious problem facing The problem with that is that Mr. mission report stated: ‘‘Absent reform, every single family in this country. PASCRELL said there are 10 million the CLASS program is . . . likely to re- Yet what we’ve seen now is a program Americans who need long-term care. quire large general revenue transfers or that was created in ObamaCare, a pro- Soon it will be 15 or eventually 20 mil- else collapse under its own weight. The gram that is clearly unsustainable by lion. So every day that goes by there is commission advises the CLASS Act be the administration’s own admission. not a solution for these people, and the reformed in a way that makes it After almost a year now of wrangling disabled community and the senior cit- credibly sustainable over the long about this, they’ve finally come to the izen community are crying out for term. To the extent this is not pos- conclusion that we knew before the bill some kind of relief. sible, we advise it be repealed.’’ even passed: that this was So all I say to my colleagues on the In February of 2011, Secretary unsustainable, that it was unworkable, other side of the aisle is, don’t just Sebelius testified before a Senate Fi- that it was fatally flawed. keep talking about repeal. I’ll use the nance Committee hearing that the As a physician, I know the worst term ‘‘mend it, don’t end it.’’ Let’s not CLASS program was ‘‘totally insol- thing you can do for someone is to cre- end today the effort to try to find long- vent’’ as structured and needed to be ate false hope, and that’s what this has term care solutions for America’s sen- reformed in order to work. Then, in Oc- done. As long as this stays on the iors and for the disabled. tober of 2011, the Secretary released a books, on the statute books, we’re not going to get anything done on this. b 1510 report on the CLASS Act that essentially found the Obama administration We’re not going to solve it. Now, there It simply isn’t fair to come here on could not make the program actuari- are many good ideas on both sides of the floor repeatedly and say ‘‘repeal, ally sound or credibly sustainable, to the aisle, and we’ve discussed some of repeal, repeal’’ and not have an answer. quote the President’s fiscal commis- them in the Ways and Means Com- At any time, I am more than willing to sion, over a 75-year period. mittee. There are bills on both sides of sit down with the chairman of the sub- Thank God for Senator Judd Gregg the aisle on which I believe we could committee or with any other Member for putting that amendment in on the work together in a true bipartisan and come up with a bipartisan solu- Senate side that called for fiscal sus- fashion to solve this problem—but the tion, but I haven’t heard it yet. tainability and the certification by the CLASS program is clearly not the an- The Acting CHAIR. The gentleman’s Secretary over a 75-year period of time swer. Washington should learn three les- time has expired. or it could not go forward, and that’s sons from this debacle, ObamaCare’s Mr. PITTS. Madam Chair, to close on exactly what happened. our side, I yield such time as he may failed government-run program: Based on the evidence the CLASS First, don’t ignore reality. Demo- consume to a distinguished member of program is not simply flawed—it is the Health Subcommittee, the gen- crats ignored the expert actuarial broken. As currently written, it poses a warnings when they used CLASS as a tleman from Georgia, Dr. GINGREY. clear danger to the fiscal health of our The Acting CHAIR. The gentleman budget gimmick in ObamaCare. Presi- budget and to the American taxpayer. dent Obama cannot create a self-funded from Georgia is recognized for 4 min- In defending this broken program, utes. sustainable program that prohibits un- some of my colleagues have told me derwriting unless he intends to force Mr. GINGREY of Georgia. Madam that there is no need to repeal CLASS Chairman, as the co-lead sponsor of healthy Americans to participate. because the Secretary has already What does that mean? Madam Chair, this bill, I rise in strong support of abandoned it. Yet every day that we that means an individual mandate, an- H.R. 1173. I commend Dr. BOUSTANY and delay in repealing CLASS, we prevent other individual mandate. Chairman PITTS for their leadership on Congress from passing meaningful, true Many constitutional scholars think this issue, and I thank Mr. LIPINSKI on long-term care reform. All sides admit that this is unconstitutional. We don’t the Democratic side. that CLASS does not work, so the pru- need another individual mandate. In In response to a question I put to him dent step is to repeal it. fact, Senator HARKIN said that the in March of last year, CBO Director In closing, I urge all of my colleagues problem with CLASS is that it’s vol- Douglas Elmendorf wrote: ‘‘The Sec- to support this legislation so that we untary. I think he basically put the retary of Health and Human Services can get to the meaningful reform of cards on the table and showed that has now concluded that the CLASS long-term care and have the market- what they want to do to fix CLASS is program cannot be operated without place work its magic in regard to this to give us another individual mandate. mandatory participation so as to en- so that the penetration is greater than Most enrollees in CLASS will be high- sure its solvency.’’ HHS Secretary the current penetration, which is less risk, causing premiums to skyrocket Kathleen Sebelius called the program than 10 percent. under the current program, making insolvent, and Democratic Senator With that, Madam Chairman, I would CLASS even less appealing to average KENT CONRAD, chairman of the Senate urge all of my colleagues to support American families. The premiums will Budget Committee, called the program the repeal of a broken, failed program, be unsustainable, and it will require in 2009 a Ponzi scheme. In fact, he went the CLASS Act. subsidies from the taxpayer. on to say that it would make Bernie The Acting CHAIR. The time of the So, the first lesson: Don’t ignore re- Madoff proud. gentleman has expired. ality. Madam Chair, during its consider- Mr. BOUSTANY. Madam Chair, I The second lesson: Don’t break the ation in 2009, CMS Actuary Richard yield myself such time as I may con- law. Foster told the Obama administration sume. The administration planned to break staff: ‘‘Thirty-six years of actuarial ex- As a physician, I know firsthand of the law by excluding Americans made perience lead me to believe that this this really dire need to solve the prob- eligible by the statute. When the Con- program would collapse in short order lem for many families across this coun- gressional Research Service attorneys and require significant Federal sub- try who are struggling with their long- warned of lawsuits, I sent letters to sidies to continue.’’ He was ignored. In term care needs. I am the oldest of 10 Secretary Sebelius for her legal au- fact, he was eventually cut out of the children, and my father was a physi- thority to make this change. She then email loop. The Health Committee on cian. He died 3 years ago from a subsequently suspended the program, the Senate side and the staff of Senator lengthy illness, and required a lot of but this doesn’t correct the bad law. Kennedy didn’t want to hear any more care at home. He did not have long- Unless we repeal CLASS, the Depart- from him. term care, but we gladly bore that bur- ment of Health and Human Services

VerDate Sep 11 2014 12:49 Feb 24, 2017 Jkt 019102 PO 00000 Frm 00110 Fmt 0688 Sfmt 0634 E:\BR12\H01FE2.002 H01FE2 rmajette on DSK2TPTVN1PROD with BOUND RECORD February 1, 2012 CONGRESSIONAL RECORD—HOUSE, Vol. 158, Pt. 1 713 will break the law when it misses the you to join us in support of CLASS repeal, try doesn’t like it, it must be spectac- deadline in October and again in 2014. and to support bipartisan efforts to expand ular, and I hope we’ll see it. Maybe That’s not a very good example to set access to affordable private long-term care you’ll tell us a little bit about it, and for the American people to have the ad- coverage. I’d like to applaud it because he has We appreciate your attention to this mat- ministration breaking the law. ter. done some great work in this area, and So, first, don’t ignore reality. Sincerely, we need to do this. Second, don’t break the law. CHARLES W. BOUSTANY, The fully implemented ObamaCare, Third, don’t compound our Nation’s JR., MD, health care, whatever you want to call long-term fiscal problems. Member of Congress. it, by 2014 will extend affordable, qual- A Democrat under the Clinton ad- PHIL GINGREY, MD, ity medical care to 32 million unin- ministration, former Congressional Member of Congress. sured Americans. That’s a plan. Maybe Budget Office Director Alice Rivlin, I reserve the balance of my time. we could change it. Maybe we could wrote: Since the CLASS program is a make it quicker. Maybe we would ex- b 1520 new unfunded entitlement, it should be tend it to more people. Maybe we could repealed because it will increase the Mr. STARK. Madam Chair, I yield save some money. But that has to deficit over the long term. In fact, the myself such time as I may consume come from the other the other side of President’s own deficit commission I’d like to point out that the last the aisle. agrees that our grandchildren simply time I watched television, they told me We oppose this, and I’d like to think cannot afford a new budget-busting en- that we still have troops in Afghani- that our Republican friends would titlement. stan who should be brought home. And work with us to improve it and move We can do better than this, Madam we’ve not addressed the Medicare phy- us in that direction. Chair, and we can work together to sician payment cuts, the payroll tax I’d like to highlight a letter of oppo- solve this problem. I urge my col- cut extension, unemployment insur- sition to repealing the CLASS Act that leagues on both sides of the aisle to ance extension. Roads, bridges, and is signed by more than 70 organizations support this CLASS repeal, to support public transit systems are falling representing millions of senior citi- H.R. 1173. Beyond this, we will have the apart, and Congress hasn’t brought zens, people with disabilities, and peo- impetus to actually do some real work forth legislation to invest in the infra- ple suffering from various diseases. to create a real program that works for structure to repair those vital struc- These groups include: AARP, the Au- the American people. We can make it tures. And we continue to have an im- tism National Committee, the AFL– easier for disabled Americans to save balanced Tax Code that lets Members CIO, and Easter Seals, and United Cere- for future needs; we can expand access of Congress get richer at the expense of bral Palsy. to affordable, private long-term care working families, and we’ve done noth- They urge Congress to ‘‘reject H.R. coverage; and we can better educate ing to change that. 1173, and instead focus on a construc- Americans on the need for retirement Yet rather than tackle any serious tive path forward.’’ planning. problems, the Republicans are using I ask that this letter be inserted into ONGRESSIONAL ECORD CONGRESS OF THE UNITED STATES, the very little time that they permit the C R as part of Washington, DC, January 31, 2012. Congress to be in session to debate re- this debate. Hon. KATHLEEN SEBELIUS, pealing the law that the President has JANUARY 31, 2012. U.S. Department of Health & Human Services, already made clear will not be imple- Hon. JOHN BOEHNER, Independence Ave., SW., Washington, DC. mented. In other words, we should re- Speaker of the House, House of Representatives, DEAR SECRETARY SEBELIUS: We write this peal a law that isn’t going to happen. U.S. Capitol, Washington, DC. as a follow up to our unanswered November Hon. NANCY PELOSI, 2011 letter to President Obama regarding the Now, that’s a vital use of our time. Democratic Leader, House of Representatives, failed CLASS program. In the letter, we He’s clearly stated, the President has, U.S. Capitol, Washington, DC. asked whether the Administration has a that the CLASS Act, as part of the Af- DEAR SPEAKER BOEHNER AND DEMOCRATIC legal obligation to implement the program. fordable Care Act, can’t meet the tests LEADER PELOSI: The undersigned organiza- Last year, you announced you could not put in the statute. tions write to oppose legislation, H.R. 1173, find ‘‘a viable path forward for CLASS imple- Now, remember that Republicans to repeal the Community Living Assistance mentation at this time.’’ Legal experts at probably would like to repeal all of Services and Supports (CLASS) program and the Congressional Research Service (CRS) respectfully urge members to reject such leg- say you do ‘‘not appear to have discretion to ObamaCare, and I’m not sure exactly islation. decide whether or not to designate a plan by which part they want mostly to repeal. In 2008, 21 million people had a condition October 1, 2012.’’ If the deadline expires, they In other words, I assume that the 2.5 that caused them to need help with their say you will be ‘‘committing a facial viola- million youngsters who now get health health and personal care. Medicare does not tion’’ of the 2010 health law. Finally, ‘‘the insurance, the Republicans would like cover long-term services and supports CLASS Act does not preclude judicial re- to kick them off the rolls and let them (LTSS), yet about 70 percent of people over view’’ and ‘‘a failure by the Secretary to des- go to work or earn their own way to age 65 will require some type of LTSS at ignate a CLASS benefit plan by October 1, health insurance. some point during their lifetime. As our pop- 2012 . . . would appear to be a final agency ulation ages, the need for these services will action from which ‘legal consequences will It’s lowered prescription drug costs, only grow. In addition, about 40 percent of flow.’ ’’ ObamaCare has, for millions of seniors, the individuals who need LTSS are under age In light of the findings by the CRS, does for a bill that the Republicans wrote 65 and LTSS can enable individuals to work the Obama Administration intend to openly that was too costly. I presume the Re- and be productive citizens. violate the law as the 2012 and 2014 deadlines publicans would like to raise the cost Regardless of when individuals may need for CLASS expire? If not, when do you intend of pharmaceuticals for seniors. Repub- these services, there is a lack of financing to resume implementation of CLASS? What licans generally like to do anything options to help them plan and pay for the services they need to help them live inde- justifications can the Administration pro- that the pharmaceutical obviously vide to Congress and the American people in pendently in their homes and communities the event that the Secretary’s failure to ad- asks them to do, and I’m surprised where they want to be. Family caregivers here to the law results in a costly court bat- they haven’t brought that up yet. are on the frontlines. They provided care val- tle, effectively delaying meaningful long- I understand that my good friend, Dr. ued at $450 billion in 2009—more than the term care reform in the process? Please ex- BOUSTANY, actually has the makings of total spending on Medicaid that year. Pri- pedite a written response to these questions. a bill that would help long-term care. vate long-term care insurance helps some Democrat and former Congressional Budg- And I also understand that the only people pay for the cost of services, but it is et Office Director Alice Rivlin wrote: ‘‘Since reason he hasn’t introduced it—I’d be not affordable for most, and some people are the CLASS program is a new unfunded enti- not even able to qualify for it. Too often, the tlement, it should be repealed because it will glad to make it an amendment if it’s cost of services wipes out personal and re- increase the deficit over the long term.’’ ready to go right now—is that the tirement savings and assets that are often Our grandchildren simply cannot afford a health insurance industry doesn’t like already insufficient—as a result, formerly new budget-busting entitlement. We urge it. Well, if the health insurance indus- middle class individuals are forced to rely on

VerDate Sep 11 2014 12:49 Feb 24, 2017 Jkt 019102 PO 00000 Frm 00111 Fmt 0688 Sfmt 0634 E:\BR12\H01FE2.002 H01FE2 rmajette on DSK2TPTVN1PROD with BOUND RECORD 714 CONGRESSIONAL RECORD—HOUSE, Vol. 158, Pt. 1 February 1, 2012 Medicaid to pay for the costs of LTSS. There tors (NACBHDD); National Association of CLASS is a promising approach to effec- are few options for individuals to help them the Deaf; National Association for Geriatric tively meeting the costs of long-term serv- pay for the services they need that could Education (NAGE); National Association for ices and supports. Thousands of Americans help them delay or prevent their need to rely Home Care & Hospice; National Association do not qualify for private long-term care in- on Medicaid, the largest payer of LTSS. of Councils on Developmental Disabilities; surance due to underwriting practices, and That’s why we support the CLASS pro- National Association of Nutrition and Aging this kind of insurance is unaffordable for gram—to give millions of working Ameri- Services Programs (NANASP); National As- many more. Reverse mortgages assume home cans a new option to take personal responsi- sociation of Professional Geriatric Care ownership with substantial equity, which ex- bility and help plan and pay for these essen- Managers; National Association of Social cludes thousands more individuals and fami- tial services. CLASS could also take some fi- Workers; National Association of State Di- lies. nancial pressure off Medicaid at the state rectors of Special Education (NASDE); Na- There is no effective and affordable alter- and federal levels—paid for by voluntary pre- tional Association of State Head Injury Ad- native to CLASS at this time. We urge you miums, not taxpayer funds. For us, this is ministrators; National Center on Caregiving; to vote against H.R. 1173 when it comes to a about the financially devastating impact Family Caregiver Alliance; The National vote this week in the House. that the need for LTSS has on families Center for Learning Disabilities; National Sincerely, across this country every day and the essen- Committee to Preserve Social Security and WILLIAM L. MINNIX, Jr., tial, compelling and urgent need to address Medicare; The National Consumer Voice for President and CEO, this issue. Every American family faces the Quality Long-Term Care (formerly Chair, LCAO. reality that an accident or illness requiring NCCNHR); National Council on Aging; Na- long-term care could devastate them finan- tional Council for Community Behavioral AMERICAN FEDERATION OF STATE, cially. This issue affects the constituents of Healthcare; National Council on Independent COUNTY AND MUNICIPAL EMPLOY- every U.S. Representative. CLASS is an ef- Living; National Disability Rights Network; EES, AFL-CIO, fort to be part of the solution. The CLASS National Down Syndrome Congress. Washington, DC, January 24, 2012. actuarial report established that CLASS can National Multiple Sclerosis Society; The DEAR REPRESENTATIVE: On behalf of the 1.6 still be designed to be a ‘‘value proposition,’’ National Rehabilitation Association; Na- million members of the American Federation although development work was still needed. tional Respite Coalition NISH; Paralyzed of State, County and Municipal Employees The actuarial report also noted that federal Veterans of America; PHI–Quality Care (AFSCME), I write to urge you to oppose actuaries ‘‘. . . agreed that certain plans, de- through Quality Jobs; Physician-Parent H.R. 1173, the misnamed Fiscal Responsi- signed to mitigate the adverse selection risk Caregivers SEIU; Self-Reliance; Inc.; Serv- bility and Retirement Security Act of 2011. . . . can be actuarially sound and attractive ices and Advocacy for GLBT Elders (SAGE); The bill repeals the Community Living As- to the consumers.’’ Rather than repeal Social Work Leadership Institute/The New sistance Services and Supports (CLASS) pro- CLASS, we urgecontinued dialogue and de- York Academy of Medicine; United Cerebral gram, which was designed to be a voluntary velopment of a viable path forward. The need Palsy; United Spinal Association; Volunteers insurance program to help American workers to address LTSS and how these services will of America. pay for long-term care services and supports be paid for in a way that is affordable to in- that they may need in the future. dividuals and society as a whole will not go LEADERSHIP COUNCIL OF The need for the CLASS program is huge away. AGING ORGANIZATIONS, and growing. Nearly 70% of people turning 65 Families will continue to need a workable January 30, 2012. today will need, at some point in their lives, LTSS option to protect themselves; and a DEAR MEMBER OF CONGRESS: The Leader- path forward is essential because the need ship Council of Aging Organizations, (LCAO) help with basic daily living activities, such for these services will only continue to grow. strongly opposes H.R. 1173, legislation to re- as bathing, feeding and dressing. Repealing We appreciate your consideration of our peal the Community Living Assistance Serv- the CLASS program and replacing it with views that are based on the experiences of ices and Supports (CLASS) program. Please absolutely nothing offers no help to millions millions of families across this country. We do not support this bill when it comes to the of Americans who want to maintain their urge you to reject H.R. 1173, and instead House floor this week. health, independence, and dignity when they focus on a constructive path forward. The Leadership Council of Aging Organiza- lose the capacity to perform basic daily ac- Sincerely, tions (LCAO) is a coalition of 66 national tivities without assistance. AAPD; AARP; ACCSES; AFL-CIO; nonprofit organizations concerned with the Medicare does not cover long-term care AFSCME; Alliance for Retired Americans; well-being of America’s older population and services. Medicaid does cover long-term care Alzheimer’s Foundation of America; Amer- committed to representing their interests in but Medicaid pays only for services for peo- ican Association on Health and Disability; the policy-making arena. ple with very limited financial means. Pri- American Counseling Association; American We support the CLASS program as a prom- vate long-term care insurance can be costly Dance Therapy Association; American Geri- ising means of effectively financing the long- and difficult to purchase, especially if an in- atrics Society; American Music Therapy As- term services and supports that thousands of dividual has a pre-existing condition. Indeed, sociation; American Network of Community Americans come to need as they age or de- only about one-in-ten Americans age 55 and Options and Resources; American Society on velop a disability. Every family faces these older has long-term care insurance. Aging; The Arc of the United States; Asso- potential costs. CLASS gives families a The CLASS program is not perfect and ciation of Assistive Technology Act Pro- framework for responsibly planning for their may need modifications, but now is not the grams; Association of University Centers on own long-term services and supports needs. time to accept the status quo for the financ- Disabilities (AUCD); Autism National Com- Our currently fragmented system of paying ing of long-term services and supports, which mittee; Autistic Self Advocacy Network; for long-term services and supports is in dan- relies by default almost exclusively on Med- Bazelon Center for Mental Health Law; Brain ger of crumbling under the weight of the icaid. Repealing the CLASS program is not a Injury Association of America (BIAA). baby boom generation. Already an estimated solution and promotes a fiscal default policy California Foundation for Independent Liv- 10 million Americans need long-term serv- of increasing Medicaid costs and requiring ing Centers; Cape Organization for Rights of ices and supports, and this number is pro- middle-class Americans to impoverish them- the Disabled (CORD); Center for Independ- jected to increase to 26 million by 2050. Ac- selves in order to obtain long-term care. We ence of Individuals with Disabilities; Center knowledging the growing demand for serv- urge you to oppose H.R. 1173. for Independent Living of South Florida; ices, the law also created the Personal Care Sincerely, Inc.; Children and Adults with Attention- Attendants Workforce Advisory Panel, work CHARLES M. LOVELESS, Deficit/Hyperactivity Disorder (CHADD); Co- which must move forward if we are to build Director of Legislation. alition of Geriatric Nursing Organizations; the strong workforce that America needs to Council for Exceptional Children; The Coun- provide personal care services. LEADINGAGE, cil on Social Work Education; Direct Care CLASS was developed to provide a coordi- Washington, DC, January 17, 2012. Alliance; Disability Rights Education & De- nated, national public-private system for de- DEAR WAYS AND MEANS COMMITTEE MEM- fense Fund; Easter Seals; Epilepsy Founda- livering long-term services and supports. BER: I understand that the Ways and Means tion; Health & Disability Advocates; Inter- Nearly half of all funding for these services Committee will vote January 18 on H.R. 1173, National Association of Business; Industry is now provided through Medicaid, which is a legislation to repeal the Community Living and Rehabilitation; LeadingAge; Lutheran growing burden on states and requires indi- Assistance Services and Supports (CLASS) Services in America; Mental Health Amer- viduals to become and remain poor to re- program. ica; The National Alliance for Caregiving; ceive the help they need. There is also an in- I strongly urge you oppose this bill. Amer- National Alliance on Mental Illness (NAMI); stitutional bias in Medicaid whereby ap- ican families need the CLASS program to ef- National Association of Area Agencies on proximately two-thirds of all spending is di- fectively plan for the costs of long-term Aging (n4a). rected towards nursing homes and other in- services and supports. National Association of County Behavioral stitutions instead of preferred community- These costs now are covered primarily by Health and Developmental Disability Direc- based services and supports. Medicaid, an entitlement program that is a

VerDate Sep 11 2014 12:49 Feb 24, 2017 Jkt 019102 PO 00000 Frm 00112 Fmt 0688 Sfmt 0634 E:\BR12\H01FE2.002 H01FE2 rmajette on DSK2TPTVN1PROD with BOUND RECORD February 1, 2012 CONGRESSIONAL RECORD—HOUSE, Vol. 158, Pt. 1 715 growing and unsustainable burden on both other small section of the Affordable arial experience lead me to believe that federal and state budgets. Currently Med- Care Act, because just by repealing it this program would collapse in short icaid covers 49% of the total cost of paid without replacing it doesn’t solve the order and require significant Federal long-term services and supports, making it problem with the rising long-term subsidies to continue.’’ the predominant source of financing in this field. health care costs that our Nation faces. Yet these warnings went unheeded These costs will not disappear if the I know my friend Dr. BOUSTANY and the CLASS Act remained in the CLASS program is repealed, and there is no shares his interest in trying to find a health care bill 9 months later because effective alternative to cover them. All but fix to this situation, and I hope that it created an illusion of budget savings, the wealthiest Americans have insufficient the parties are able to come together an illusion based entirely on the fact income and savings to cover the cost of long- and address one of the paramount chal- that it was designed to collect pre- term nursing home care or even extensive lenges that we’re still facing in health miums for a full 5 years before it would services provided in a home- and commu- care: How do you incent young, have to start paying benefits. Yester- nity-based setting. Private long-term care insurance, for which there already are tax healthy people to invest in their long- day the Congressional Budget Office es- incentives, covers only a small fraction of term health care needs? It’s difficult to timated that the cost of Federal health long-term services and supports. Reverse do. care entitlement programs will more mortgages are becoming less useful as a And I appreciate the work by those than double over the next decade. source of long-term services and supports fi- who supported CLASS, recognizing the Madam Chairman, for the sake of our nancing due to the current state of the real challenge that we faced and trying to Nation’s future, we must get these estate market. come up with a solution. This just costs under control. The CLASS Act is Without CLASS, people who need help with wasn’t the answer. an unsustainable program that, if it the most basic activities of daily living will And to my Democratic colleagues, I continue to be thrown onto the Medicaid ever begins operating, would inevitably rolls. The federal and state governments will never believed that passage of the Af- need a major taxpayer bailout. By re- have to continue paying for needed long- fordable Care Act—which I did sup- pealing it today, Congress can send a term services and supports, but without the port—was the end-all, be-all for health clear message that we are going to revenues that the CLASS program would care reform. In fact, the great poten- start finding solutions to rising health generate. tial of the Affordable Care Act was the care costs instead of making the prob- Over the last several decades, policy- vast experimentation that needs to lem worse. makers, health economists and other experts take place in reforming the health care Mr. STARK. I reserve the balance of have given much thought and debate to the delivery system and the payment sys- issue of financing long-term services and my time. supports. CLASS developed out of all of this tem to learn what’s working and what Mr. BOUSTANY. Madam Chair, may deliberation as the proposal with the most isn’t working and then drive the sys- I ask how much time remains? promise for establishing a healthy, ethical tem to greater efficiency, better qual- The Acting CHAIR. The gentleman and affordable system of financing these ity outcomes, and a better bang for our from Louisiana has 31⁄2 minutes re- costs. This program can give families an af- buck. That, to me, is what health care maining, and the gentleman from Cali- fordable means of planning for their futures reform is going to look like in the fornia has 51⁄2 minutes remaining. and for the long-term services and supports years to come. It’s going to be an ongo- Mr. BOUSTANY. I yield 11⁄2 minutes needs that inevitably arise. ing effort trying to determine what is I hope you and members of your family to the gentlewoman from Kansas (Ms. will never come to need the kinds of services working and what isn’t. The CLASS JENKINS), a member of the House Ways for which CLASS was designed to pay. But if Act, clearly, the way it was structured, and Means Committee. was something that wasn’t going to you ever do, you will understand fully why b 1530 the CLASS program has attracted such work. broad support. So I agree with the resolution today Ms. JENKINS. I thank the gentleman Repealing CLASS would undo years of that we should repeal it. It’s the same for yielding. work toward an effective means of financing conclusion the administration, having There aren’t many areas where the long-term services and supports needed and a chance to look at it, reached them- former Kansas Governor and current used by thousands of Americans and their Secretary of Health and Human Serv- families. What other option addresses these selves. But it doesn’t leave us off the needs? hook of trying to find a solution to one ices, Kathleen Sebelius, and I agree, Please oppose H.R. 1173 when it comes be- of the great challenges of long-term but one thing that we do agree on is fore the Ways and Means Committee. health care in this country. that the CLASS Act portion of the Sincerely, So I would encourage my Republican President’s health care package is WILLIAM L. MINNIX, JR., colleagues—and I know many of them completely unviable and needs to be President and CEO. share this sentiment, that this does not stopped. Madam Chair, how much time do I end the work that has to go on. We’ve That’s why I was glad to hear the have remaining? got to figure out a way to start talking Secretary backtrack on her prior sup- The Acting CHAIR. The gentleman to each other, listening, trusting each port and pull the plug on the program, from California has 71⁄2 minutes re- other to come up with some solutions. and it’s why I support a statutory remaining. This isn’t that solution today. peal of the CLASS Act today. This act Mr. STARK. I yield 2 minutes to the Mr. BOUSTANY. Madam Chair, I was designed as a new national entitle- gentleman from Wisconsin (Mr. KIND). yield 2 minutes to the gentleman from ment for purchasing community-living Mr. KIND. I thank my friend from California (Mr. HERGER), the distin- assistance services, and it was used by California for yielding me this time. guished chairman of the Health Sub- this administration as a pay for to sub- Madam Chair, I rise in support of the committee on the House Ways and stantiate their faulty claim that resolution. I do so because I believed at Means Committee. ObamaCare was going to reduce the the time when the CLASS Act was in- Mr. HERGER. Madam Chair, I rise in deficit. serted in the Affordable Care Act it strong support of H.R. 1173, the Fiscal However, as I and many others point- wasn’t a sustainable program. And sure Responsibility and Retirement Secu- ed out at the time, the deficit reduc- enough, when Secretary Sebelius and rity Act. tion claim was bogus and based on those at the Department of Health and It’s now clear that long before the budget gimmicks that proved false Human Services had a chance to ana- Democrats’ health care overhaul was when HHS began implementation. You lyze it and try to implement it, they passed, the Obama administration see, the CBO can only project the cost reached the same conclusion. knew that the CLASS Act was a seri- of bills in a 10-year budget window, so I just hope that today my Republican ously flawed program that could not be the Obama administration used a budg- colleagues don’t take too much glee or implemented. For example, Medicare et trick by setting up the CLASS Act delight over the fact that this resolu- actuary Rick Foster said way back in to begin collecting premiums in 2012 tion will pass and it repeals yet an- June of 2009: ‘‘Thirty-six years of actu- but not paying out benefits until 2017.

VerDate Sep 11 2014 12:49 Feb 24, 2017 Jkt 019102 PO 00000 Frm 00113 Fmt 0688 Sfmt 0634 E:\BR12\H01FE2.002 H01FE2 rmajette on DSK2TPTVN1PROD with BOUND RECORD 716 CONGRESSIONAL RECORD—HOUSE, Vol. 158, Pt. 1 February 1, 2012 Great for years 1 through 10, but very head in the sand and says let’s repeal This legislation is so fiscally unsound that bad for years 5 through 15 or later. things and let’s not go about fixing it. even the Secretary of HHS has announced This gimmick led CBO to report that As I said before, I’m sure Dr. BOU- that she does ‘‘not see a viable path forward the program would reduce the deficit, STANY has a great bill, and I’m hoping for CLASS implementation at this time.’’ This but it certainly doesn’t take a CPA to that he’ll bring it to us and we can pro- despite all her statements in support of realize that these initial savings can’t ceed to deal with the problem of long- CLASS when the Democrats were ramming be sustained over time. While we anx- term care for our senior citizens. Obamacare down our throat. iously await the Supreme Court’s deci- I have seven children who would like Under CBO rules, the CLASS failure will sion on the constitutionality of to see that done very quickly and get cost American taxpayers $86 billion—the most ObamaCare’s individual mandate, I me off their hands, thank you very recent CBO project of the supposed savings urge my colleagues to support the re- much. And so anything we can do to- from the CLASS Act. However, if CLASS had peal of this failed portion of the bill gether, I look forward to working with gone into effect, it would have increased our today so we can get this budget gim- the distinguished gentleman. deficit by the third decade. mick off the government’s books. With that, I yield back the balance of We need to repeal this fiscally unsound enti- Mr. STARK. I reserve the balance of my time. tlement. We need to stop wasteful spending. my time. Mr. BOUSTANY. Madam Chair, I’m We need to bring our country back to the path Mr. BOUSTANY. Madam Chair, I’m pleased to yield my remaining time to of fiscal responsibility and repealing CLASS is pleased to yield 1 minute to the gentle- the gentleman from Minnesota (Mr. an important first step. woman from Tennessee (Mrs. BLACK), a PAULSEN), a distinguished member of Ms. JACKSON LEE of Texas. Madam member of the Ways and Means Com- the Ways and Means Committee. Chair, I rise in opposition to H.R. 1173, ‘‘The mittee. The Acting CHAIR. The gentleman Fiscal Responsibility and Retirement Security Mrs. BLACK. I thank the gentleman from Minnesota is recognized for 1 Act of 2011.’’ This bill would repeal title VIII of for yielding. minute. the Patient Protection and Affordable Care Act Madam Chair, I rise today in support Mr. PAULSEN. Madam Chairman, I and Supports, CLASS, Program—a national, of my colleague from Louisiana’s legis- also want to rise in strong support of voluntary long-term care insurance program lation repealing this unsustainable repealing this misguided CLASS Act. for purchasing community living assistance budget gimmick created to make the We knew from the start that the services and supports. Title VIII also author- health care law look less expensive. CLASS Act was fiscally unsustainable. ized and appropriated funding through 2015 The CLASS Act was a long-term en- But the President and those who sup- for the National Clearinghouse for Long-Term titlement that was plagued with prob- ported the new health care law used Care Information, clearing house. H.R. 1173 lems from the very beginning. From this and inserted it as a budget gim- would rescind any unobligated balances ap- day one, concerns were raised about mick to help pass the law. This new propriated to the National Clearinghouse for the CLASS program’s unsustainable program was an illusion, an illusion Long-Term Care Information. cost structure, and the administration that was crafted so government would The CLASS Act was designed to provide an ignored it. start collecting funds long before it affordable long-term care option for the 10 million Americans in need of long-term care now I have a chart that was presented to would pay anything out, making it and the projected 15 million Americans that us in our Ways and Means Committee seem as if it would raise revenue and in the markup of this bill, and from the will need long-term care by 2020. save money. But in the long run it was The CLASS program would allow the dis- very beginning there were six different obvious and it was clear the program abled to be treated with respect and class. occasions, and up until March 20 when would have disastrous effects. Yet, once again, instead of focusing on cre- it was passed, of experts who said this The CMS Chief Actuary himself said ating jobs, instead of finding means to reduce was unsustainable, and they’ve already that if implemented, the program our deficit, instead of addressing the most been referenced by prior speakers. would collapse. And after months of pressing needs of our nation today, my Re- Since that time of passage there were failed attempts, even the administra- publican colleagues have put forth a measure four others, including Secretary tion has finally admitted that the pro- that targets the aging and the disabled. They Sebelius in October of 2011, who also gram was unworkable. are supporting a measure that literally lacks said: ‘‘I do not see a viable path for- Madam Chair, Minnesota families class. This measure is a blatant attempt to reward for the CLASS implementation.’’ and small businesses are tired of the peal the Affordable Health Care Act one title This program, again, has been smoke and mirrors coming out of at a time. unsustainable from the very beginning. Washington. Let’s do the right thing Like many Members of this body, I am dis- I think what is so sad is we continue to today and repeal this terrible program, appointed that the Department of Health and put our head in the sand and make the and let’s focus on what’s really impor- Human Services, DHHS, has not been able to American people believe that this pro- tant: putting Americans back to work. implement the CLASS provision of the Afford- gram is somehow workable. This needs I want to thank my colleague on the able Health Care Act. Although the CLASS to be removed from our law so we can Ways and Means Committee from Lou- program is not perfect, I cannot in good con- start again. This is a nonpartisan issue, isiana. He’s a doctor, he’s a physician, science support repealing it at a time when we and we all need to work together in a he’s a leader in health care. Let’s do have no viable alternative for affordable long- bipartisan way. As a nurse for over 40 the right thing and repeal this legisla- term care. years working with the elderly, I rection. We have a growing aging population some ognize the need for long-term care. Mr. STEARNS. Madam Chair, we need to of whom will require long-term care. CLASS The Acting CHAIR. The gentleman repeal this bad legislation. As Chairman of the provides the aging and the disabled with a so- from Louisiana has 1 minute remaining Oversight and Investigations Subcommittee, lution that is self-sustaining, at no cost to tax and the right to close. The gentleman we looked into the CLASS Act and the actions payers. from California has 51⁄2 minutes re- of HHS. We issued a bicameral report on the As the estimated 76 million baby boomers maining. failures of this fiscally reckless program. born between 1946 and 1964 become elderly, Mr. STARK. Madam Chair, in clos- Some Senate Democrats expressed that Medicare, Medicaid, and Social Security will ing, I repeat that there are real prob- they ‘‘had grave concerns that the real effect nearly double as a share of the economy by lems in this country of much more ur- of the [CLASS Act] would be to create a new 2035. gency than trying to repeal a bill that federal entitlement with large, long-term With each generation, Americans have been doesn’t do anything, that won’t work, spending increase that far exceed revenues.’’ fortunate to live longer lives; we continue to that the President has said won’t be ef- Perhaps the most damning indictment came plan on how to meet the needs of the aging fective. I urge my colleagues to join me from the Senate Budget Chairman who char- and the disabled. It is reasonable to assume in voting ‘‘no’’ on this Republican acterized CLASS Act as ‘‘a ponzi scheme of that over time the aging of baby boomers will agenda to tear down our health system. the first order, the kind of thing that Bernie increase the demand for long-term care. Esti- It’s mugwumpish. It just sticks your Madoff would have been proud of.’’ mates suggest that in the upcoming years the

VerDate Sep 11 2014 12:49 Feb 24, 2017 Jkt 019102 PO 00000 Frm 00114 Fmt 0688 Sfmt 9920 E:\BR12\H01FE2.002 H01FE2 rmajette on DSK2TPTVN1PROD with BOUND RECORD February 1, 2012 CONGRESSIONAL RECORD—HOUSE, Vol. 158, Pt. 1 717 number of disabled elderly who cannot per- why we rely on the professionals in federal I think we are all in agreement that the form basic activities of daily living without as- agencies to work on implementation of the Community Living Assistance Services and sistance may be double today’s level. law. Supports, CLASS, Program—in its current Repealing the CLASS program does nothing I strongly believe that we can find a way to form—needs work. However, simply repealing to address the fact that private long-term care make this program work and I hope my col- it conveniently ignores that we have a long- insurance options are limited and the costs leagues on the other side of the aisle will work term care crisis in this country. Private long- are too high for many American families, in- with me to ensure that affordable long-term term care insurance is too costly for most cluding many in my Houston district, to afford. care is available for anyone who needs it. Americans and the alternative, spending down In 2000, spending from public and private American families spend almost twice as their assets in order to qualify for Medicaid, is sources associated on long-term care amount- much on health care through premiums, pay- financially devastating. Medicaid now accounts ed to an estimated $137 billion, for persons of check deductions, and out-of-pocket expenses for nearly half of all long-term care spending, all ages. By 2005, this number has risen to as families in any other countries. In ex- and as the nation’s baby boomers age, federal $206.6 billion. change, we receive quality specialty care in and state budgets will face further strain. The Unless we act now, the costs associated many areas that is the envy of many. Yet, CLASS program is intended to lessen the bur- with long-term care will continue to rise. As it they do not receive significantly better care den, providing working families a national, vol- stands, families are bearing the brunt of these than countries that spend far less. untary, and premium-financed insurance pro- costs. Less than a decade ago those who Considering the amount that we spend on gram that enables them to responsibly plan for needed long-term care spent nearly $37.4 bil- health care, it is surprising that Americans do long-term care. lion in out-of-pocket expenses. This is not sus- not live as long as people in Canada, Japan, Secretary Sebelius made the right decision tainable for the majority of families; less than and most of Western Europe. Our health care to delay implementation of program because, a decade ago we were not recovering from a system was in need of an overhaul. The land- under existing parameters, it could not be recession. mark bill signed by President Obama in 2010 done in a financially solvent way. The Con- The issue before us today is how we intend is designed to provide coverage to millions of gressional Budget Office, CBO, estimated that to treat our aging and disabled at a time when people who currently lack it. the program would run surpluses through ap- they are in need of assistance that will have Under the Affordable Health Care law more proximately 2029 but would begin adding to a direct impact on their quality of life. than 32 million additional Americans are ex- the budget deficit after that. We need to fix CLASS comes into effect when a person is pected to get insurance, either through an ex- that. But let’s try to mend it, not end it. Let’s at his most vulnerable. For example, when in- tension of Medicaid or through exchanges exhaust all of our options, confer with experts dividuals are unable to clothe or bathe them- where low and moderate income individuals and beneficiaries, and see if we can find a via- selves. CLASS would allow some individuals and families will be able to purchase private ble path forward for the CLASS program. We insurance with federal subsidies. to remain in their home. It gives the aging, the must make every effort to make it solvent be- A key part of the new health law also en- disabled and their families a viable option. fore we leave seniors and disabled individuals courages the development of ‘‘accountable Long-term care encompasses a wide range of to the status quo for the foreseeable future. care organizations’’ that would allow doctors to Mr. CONNOLLY of Virginia. Madam Chair, services for people who need regular assist- team up with each other and with hospitals, in ance because of chronic illness or physical or we are not prepared, either as families or as new ways, to provide medical services. There a society, to pay for the long-term care sup- mental disabilities. are dozens of good provisions in the Act that Although long-term care might include some ports and services most of us will need before will ultimately benefit the public, if they are not we die. skilled nursing care it consists primarily of help repealed one title at a time. The CLASS Act with basic activities of daily living, such as Today 10 million Americans require some is a good provision too—I stand by that no- level of long-term assisted care, and that num- bathing, eating, and dressing, and with tasks tion—but just improperly designed. necessary for independent living such as ber is on pace to triple as the Baby Boom At this stage, any change is difficult and generation ages. Annual costs top more than shopping, cooking, and housework, in essence change especially during a recession is ex- $200 billion, and that doesn’t count the time helping people who need help. tremely difficult. It is not possible to change a Traditionally, most long-term care is pro- and energy of family caregivers. The growing system as large and as hugely flawed, as ours demand and costs for long term care cannot vided informally by family members and without some disruptions. We are using fresh be ignored, yet that is precisely what this leg- friends. Some people with disabilities receive thinking and innovation to make sure everyone islation does. assistance at home from paid helpers, includ- benefits—our citizens, our health care pro- Not only does this legislation repeal the vol- ing skilled nurses and home care aides. Nurs- viders, small businesses, large corporations. I untary, self-supporting long-term care insur- ing homes are increasingly viewed as a last think the public is starting to slowly accept it. ance program created by the Affordable Care resort for people who are too disabled to live Over the course of several years and as more Act, but it also repeals funding for the national in the community, due to a number of factors, beneficial provisions take effect, this law will clearinghouse of information on long-term care cost being one. be more accepted, popular and possibly ex- services that helps seniors, their families and Madam Chair, I believe that we must leave panded. caregivers navigate the maze of options. the framework that exists in place and work Unfortunately, some in this Congress seems HHS said it could not implement the CLASS with seniors, families, industry, HHS and oth- intent on not just undoing the CLASS Act, but Act as written. It did not say such a program ers to find a way to make the CLASS Act or the entire Affordable Health Care law. Every- should not be implemented at all. In fact, HHS an alternative long-term care program work. one should have equal access to affordable said that 15 million Americans will require We cannot and we must not allow Medicaid to health care and affordable health care service. some form of long-term care in 2020, yet continue to be the only affordable long-term Repealing a program that is intended to assist fewer than 3 percent will have long-term insur- care service available to Americans. American the aging and the disabled is not where this ance coverage. It went on to say that allowing families should not have to spend down their Congress should be spending its energy. We that to persist will only increase the burden on savings or assets to access long-term care. should be focused on legislation, like the one taxpayers at a time when we’re working to re- We must not forget that this is an issue we I proposed that would reduce the deficit, boast duce such federal health care costs. must address. As of January 1, 2011, baby our nation’s energy production, and create Madam Chair, this is nothing more than an boomers will begin to celebrate their 65th jobs. It appears as though my Republican col- ideologically-driven attempt to undermine the birthdays for that day on 10,000 people will leagues seem more focused on putting forth President’s signature initiative and score polit- turn 65 every day and this will continue for the bills that would cut taxes, cut services to the ical points at the expense of our seniors. I next 20 years aging and disabled, and cut discretionary urge my colleagues to reject this bill, so we My career in Congress has been dedicated spending. Our priority should be to focus on can pursue a workable solution to this mount- to expanding access to affordable, quality legislation that will create jobs. ing challenge that threatens the safety and se- health care for the residents of the state of Mr. VAN HOLLEN. Madam Chair, H.R. 1173 curity of our seniors and our economy. Texas, Houstonians, and all Americans, and exemplifies the GOP agenda in the 112th Mr. HOLT. Madam Chair, I rise today in op- the CLASS Act furthers that goal. It is clear Congress: to reject constructive Democratic position to the so called ‘‘Fiscal Responsibility that the CLASS Act is not perfect, and almost ideas, and fail to introduce any practical solu- and Retirement Security Act of 2011’’, H.R. no piece of legislation can ever be, but that’s tions to our nation’s problems. 1173.

VerDate Sep 11 2014 12:49 Feb 24, 2017 Jkt 019102 PO 00000 Frm 00115 Fmt 0688 Sfmt 9920 E:\BR12\H01FE2.002 H01FE2 rmajette on DSK2TPTVN1PROD with BOUND RECORD 718 CONGRESSIONAL RECORD—HOUSE, Vol. 158, Pt. 1 February 1, 2012 H.R. 1173 would repeal the Community Liv- In 2008, 21 million Americans utilized some While we can all agree that our current health ing Assistance Services and Supports form of long term care. That number is only care system needs to be reformed, the new (CLASS) Act, which was included in health re- going to continue to increase, and it is our health care law was not the right way to do it. form. duty to protect the quality of life of our fellow Instead we must focus on a positive, patient- The CLASS Act would make it easier for Americans. I urge my colleagues to vote centered strategy that puts patients, families people to save for long-term care services. against H.R. 1173 until we have a viable long and doctors, not Washington bureaucrats, in This program would give working adults the term care program to replace the CLASS Act. control of personal health care decisions. opportunity to plan for long-term care needs Ms. EDDIE BERNICE JOHNSON of Texas. Ms. WASSERMAN SCHULTZ. Madam by providing cash benefits that can be used to Madam Chair, I rise today in opposition of Chair, I rise today in firm opposition to this purchase non-medical services and supports H.R. 1173, legislation to repeal the Community legislation that would repeal the Community like home health care. The Congressional Living Assistance Services and Supports pro- Living Assistance Services and Supports Act, Budget Office estimates that the CLASS Act gram. America has a long-term care crisis, the CLASS Act. would reduce the federal deficit and Medicaid and it is only getting worse. Currently, there As part of the Affordable Care Act, the spending. are over 10 million Americans who require CLASS Act is our nation’s first real attempt to Our nation is facing a long-term care crisis long-term care, and this number is expected to provide voluntary, fiscally-responsible, long- and repealing the CLASS Act does not help. grow to 15 million by 2020. term care for the more than 70 percent of Over ninety percent of Americans do not have Long-term care places a huge burden on Americans who will need such support at long-term health insurance coverage. This cri- family budgets. CLASS makes long-term care some point in their lifetimes. sis becomes more serious over the next two more affordable and accessible by providing a As the Representative to thousands of sen- decades, when the number of Americans 65 national, voluntary, self-sustaining insurance iors in Florida’s 20th district, I know too well and older will be 71 million—making up program for the purchase of long-term care how hard our families strive to plan and pay around 20 percent of the U.S. population. services and supports. for the long term care services that most of Long-term care is expensive: nursing homes While CLASS may need to be tweaked, it them so desperately need. can costs over $70,000 a year and home should not be repealed without the existence By repealing the CLASS Act, this Congress health care costs hundreds of dollars a day. of a viable alternative. Rather than repeal this abandons millions of middle class seniors, Instead of debating how to help Americans bill today, Republicans and Democrats need to Americans with disabilities, and all families pay for long-term care, we are spending our work together to identify ways to strengthen struggling to provide long term care for loved time repealing the only program that is trying CLASS so that it becomes a sustainable long- ones. to help. term care program. Our nation’s seniors are Of course, we are willing to admit that this I oppose H.R. 1173 and urge my colleagues counting on us, and we must not let them program isn’t perfect. But that is no excuse for to vote no on this piece of legislation. down. the Republicans’ ‘‘repeal and abandon’’ ap- Mr. DINGELL. Madam Chair, I rise today in As our population ages, the need for long- proach to legislation—and our nation’s sen- opposition of H.R. 1173. This bill is yet an- term care services will only grow. Repealing iors. other in a long list of efforts by the Repub- the CLASS Act, without providing a viable al- Rather than pull the rug out from under our licans to dismantle and repeal the Affordable ternative, will result in millions of seniors ex- seniors and loved ones—I urge my colleagues Care Act piece by piece. Despite the fact that hausting their retirement savings and personal to work to fix this vital program. my colleagues on the other side of the aisle sit assets. I cannot support H.R. 1173, as it un- Mr. PAYNE. Madam Chair, I rise today in in Committee hearing rooms and profess to dermines the personal dignity of our seniors. opposition to H.R. 1173. While my Republican support addressing our long term care crisis, Mr. GOODLATTE. Madam Chair, today I colleagues see H.R. 1173 as a solution to the one of their first pieces of legislation on the rise in strong support of the Fiscal Responsi- Department of Health and Human Services’ floor this session is a bill that will repeal one bility and Retirement Security Act. This impor- letter to Congress about the CLASS Act, I option to address this crisis. tant legislation repeals the failed government- strongly contend that repeal is not the answer. H.R. 1173 does nothing to protect the secu- run long-term care insurance program, known According to the Department’s announcement, rity of our country’s retirees. Repealing the as the CLASS Act, which was included in the there is no viable way forward to implement CLASS Act does not protect the 70 percent of President’s Health Care Law, PPACA. the CLASS Act at this time but families im- today’s 65 year olds who will need some sort Nearly two years ago, with total disregard pacted by accidents and illnesses are also of health or personal care in the future. Nor for the will of the American people, Congress without a viable way forward to meet long- does repealing the CLASS Act do anything for passed and President Obama signed the term care needs. The cost of long-term care the 40 percent of long term care users be- health care reform overhaul into law. This law, can be extremely taxing. In 2010, the private- tween the ages of 18–64. which I voted against, is defined by federal pay rate for a semiprivate room in a nursing While I recognize that the CLASS Act is not regulations, mandates, a myriad of new big home averaged $205 per day, or about fiscally feasible in its current form, I also rec- government programs, and a significant in- $75,000 per year. In comparison, the median ognize that a lack of a long term care initiative crease in federal spending and debt at a cost total household income for elderly Social Se- is not financially feasible for Americans. The to our country too high to bear. curity beneficiaries in 2008 was $20,000 per average cost of a nursing home is currently a The CLASS program is a prime example of year. The CLASS Act was established as part staggering $78,000 per year while in-home the inherent problems with this new law. In of the Affordable Care Act in response to the long term care averages $21,600 per year. fact, the Obama Administration announced in growing number of citizens with long-term We must continue to try and solve the prob- October that they would halt implementation of health care needs and the repeal of this act lem of our nation’s lack of adequate long term the CLASS program, recognizing that the pro- would only impose enormous financial, emo- care options, and I call on my Republican gram was unsustainable despite claims that it tional and physical burdens on these citizens. friends to come to the table and work with us would save as much as $80 billion over 10 This is an issue that affects every American to do so. years. family. No one regardless of class, race or Instead of wasting valuable floor time, my Today the House has an opportunity to pass creed is exempt from a potential accident or Republican friends should take this opportunity the Fiscal Responsibility and Retirement Secu- illness requiring long-term care. It is estimated to work with Democrats as well as the Depart- rity Act, which is an important piece to dis- that 15 million Americans will need some kind ment of Health and Human Services to find a mantling the President’s Health Care Law and of long-term care by 2020, but fewer than solution to this critical issue. We all must con- allows Congress to consider new long-term three percent have a long-term care policy. tinue to champion the effort to create a safe care reform proposals that work for the Amer- We should not abandon this effort, rather Con- and secure future for our nation’s citizens. ican people without busting the federal budget. gress should come together to find a sustain- It is my concern that if the CLASS Act is re- Madam Chair, I intend to continue working able solution to address this challenge. pealed, the impetus to implement a crucial to repeal and defund the new health care law Ms. RICHARDSON. Madam Chair, I rise in long term care act will fall by the wayside. If that kills jobs, raises taxes, threatens seniors’ strong opposition to H.R. 1173, a bill that my friends across the aisle wish to repeal this access to care, will cause millions of people to would repeal the Community Living Assistance provision, it is vital they work expeditiously to lose the coverage they have and like, and in- Services and Supports program (CLASS). In- implement a substitute for CLASS. creases the cost of health care coverage. stead of repealing the CLASS Act and leaving

VerDate Sep 11 2014 12:49 Feb 24, 2017 Jkt 019102 PO 00000 Frm 00116 Fmt 0688 Sfmt 9920 E:\BR12\H01FE2.002 H01FE2 rmajette on DSK2TPTVN1PROD with BOUND RECORD February 1, 2012 CONGRESSIONAL RECORD—HOUSE, Vol. 158, Pt. 1 719 millions of Americans in need of long-term ance program that enables them to plan for may be offered only by the Member care with the status quo, Congress should be their long-term care needs. who causes it to be printed or a des- working together to improve the program. Madam Chair, this is just another GOP at- ignee and shall be considered read if Madam Chair, the CLASS program was de- tempt to dismantle the Affordable Care Act printed. signed to provide Americans with a voluntary one piece at a time. The American people de- Are there any amendments to the long-term care insurance program that would serve better and Congress needs to work to- bill? make long-term care more affordable and ac- gether to ensure that Americans of all income AMENDMENT NO. 2 OFFERED BY MS. JACKSON cessible. Statistics show that there are cur- levels have access to long-term care services LEE OF TEXAS rently over 10 million Americans in need of in the event that they become necessary. Ms. JACKSON LEE of Texas. I have long-term care; by 2020, that number is ex- Madam Chair, I urge my colleagues to vote an amendment at the desk. pected to grow to 15 million. We have an obli- against passage of this misguided legislation The Acting CHAIR. The Clerk will gation to ensure that those in need of long- that simply ignores the need to address our designate the amendment. term care have affordable options available to Nation’s long-term care crisis. The text of the amendment is as fol- them. The Acting CHAIR. All time for gen- lows: The United States is facing a long-term care eral debate has expired. Page 5, after line 19, add the following: crisis. With the Nation’s baby boomers nearing Pursuant to the rule, the bill shall be SEC. 3. STUDY ON THE IMPACT OF NOT HAVING LONG-TERM CARE INSURANCE ON retirement, we can expect to see the number considered for amendment under the 5- THE FEDERAL, STATE, AND LOCAL of seniors in need of long-term continue to rise minute rule for a period not to exceed GOVERNMENTS. in the coming years. Due to the high costs of 3 hours. (a) STUDIES.—Section 2 shall not take ef- obtaining long-term support services, it is esti- The amendment in the nature of a fect until— mated that there are 52 million unpaid care- substitute recommended by the Com- (1) the Director of the Congressional Budg- givers—mostly relatives of those in need—pro- mittee on Energy and Commerce print- et Office completes a macroeconomic study viding long-term care in the home. and submits a report to the Congress on the ed in the bill shall be considered as an impact on the Federal, State, and local gov- In my district, there are over 115,000 sen- original bill for the purpose of amend- ernments of not having long-term care insur- iors and 12,557 residents collecting Social Se- ment under the 5-minute rule and shall ance; and curity disability insurance—most of whom will be considered read. (2) the Secretary of Health and Human most likely need long-term care services at The text of the committee amend- Services completes a study and submits a re- some point in their lifetime. In addition, there ment in the nature of a substitute is as port to the Congress on the best practices are 85,444 of my constituents who are nearing follows: necessary to have a viable, financially secure, and solvent long-term care insurance retirement age and would benefit from the H.R. 1173 peace of mind of having insurance coverage program. Be it enacted by the Senate and House of Rep- (b) EXCEPTION.—Notwithstanding sub- for long-term care. resentatives of the United States of America in section (a), section 2(b)(3)(B) shall take ef- Each year, families pay more than $50 bil- Congress assembled, fect upon the enactment of this Act. lion out-of-pocket to provide long-term support SECTION 1. SHORT TITLE. The Acting CHAIR. The gentlewoman services to loved ones. Many of these families This Act may be cited as the ‘‘Fiscal Responsi- from Texas is recognized for 5 minutes. are already hard-pressed financially, but do bility and Retirement Security Act of 2011’’. Ms. JACKSON LEE of Texas. Madam not have any other options available to them. SEC. 2. REPEAL OF CLASS PROGRAM. Chair, first of all, let me say that I was Working to fix the CLASS program will provide (a) REPEAL.—Title XXXII of the Public on the floor yesterday regarding the working adults a national, voluntary, and pre- Health Service Act (42 U.S.C. 300ll et seq.; relat- CLASS Act and my approach to the ing to the CLASS program) is repealed. mium-financed insurance program for the pur- CLASS Act. And I recognize that we (b) CONFORMING CHANGES.— chase of long-term care services and sup- have had some difficulty with putting ports. Instead of working to fix the CLASS Act, (1)(A) Title VIII of the Patient Protection and Affordable Care Act (Public Law 111–148; 124 together the right balance, the right fi- the Republican majority is trying to repeal this Stat. 119, 846–847) is repealed. nancial structure for a very large pro- important program in its entirety. (B) The table of contents contained in section gram. But it does not mean that it does Madam Chair, it is estimated that about 70 1(b) of such Act is amended by striking the items not have purpose. percent of people over 65 will require long- relating to title VIII. The CLASS program deals with long- term care services at some point during their (2) Section 1902(a) of the Social Security Act term care. In my readings I’ve deter- lifetime. Medicare covers only minimal long- (42 U.S.C. 1396a(a)) is amended— mined that private families and loved term care services such as short-term skilled (A) by striking paragraphs (81) and (82); (B) in paragraph (80), by inserting ‘‘and’’ at ones have given in essence $450 billion nursing care and limited home health services. in private care, meaning that they Medicaid now accounts for nearly 50 per- the end; and (C) by redesignating paragraph (83) as para- have taken care of their loved ones on cent of all long-term care spending nationwide. graph (81). their own; $101 billion has been spent Unfortunately, Americans wishing to utilize (3) Section 6021(d) of the Deficit Reduction by the Medicaid program. And I said Medicaid for long-term care services must im- Act of 2005 (42 U.S.C. 1396p note) is amended— yesterday that I’ve had the experience poverish themselves in order to qualify. In (A) in paragraph (2)(A)(iv)— of taking care of a dear mother who I many cases, families are left with no choice (i) by inserting ‘‘not’’ before ‘‘include’’; and lost in 2010, and right now an aunt who but Medicaid after they are forced to spend (ii) by striking ‘‘and information’’ and inserting ‘‘or information’’; and I am taking care of in 2012. And I’ve down their income and assets to pay for costly seen a number of friends and others long-term care services. (B) in paragraph (3)— (i) in the heading, by striking ‘‘APPROPRIA- who need long-term care. And so the Insurance policies in the private market TION’’ and inserting ‘‘FUNDING’’; idea of disposing of it to me seems in- which cover long-term care services are often (ii) by striking ‘‘2015’’ and inserting ‘‘2012’’; complete, without projecting back to too expensive for most Americans, and cur- and Health and Human Services how can rently pay for only about 7 percent of spending (iii) by adding at the end the following new we get this done. on long-term care. Approximately only nine sentence: ‘‘There is authorized to be appro- My amendment would not repeal the percent of Americans aged 50 or older have priated to carry out this subsection $3,000,000 CLASS Act until the completion of a for each of fiscal years 2013 through 2015.’’. private insurance policies that cover long-term macroeconomic study. care services. The CLASS Act seeks to ad- The Acting CHAIR. No amendment dress the lack of available coverage by mak- to the committee amendment in the b 1540 ing long-term care services more accessible nature of a substitute shall be in order We must determine the cost of not and affordable for working families. except those received for printing in having long-term care insurance on the The CLASS Act provides a framework with the CONGRESSIONAL RECORD designated Federal, State and local governments which to build a viable long-term care pro- for that purpose in a daily issue dated before we repeal any programs like gram. Repealing this much needed program January 31, 2012, or earlier and except CLASS that are self-sustaining. CLASS brings us back to square one in our effort to pro forma amendments for the purpose is not taxpayer funded. The lack of af- provide working families with a national insur- of debate. Each amendment so received fordable care is a very serious problem

VerDate Sep 11 2014 12:49 Feb 24, 2017 Jkt 019102 PO 00000 Frm 00117 Fmt 0688 Sfmt 0634 E:\BR12\H01FE2.002 H01FE2 rmajette on DSK2TPTVN1PROD with BOUND RECORD 720 CONGRESSIONAL RECORD—HOUSE, Vol. 158, Pt. 1 February 1, 2012 which, if not addressed, will only add 2011.’’ My amendment would delay the repeal Medicare, Medicaid, and Social Security will to our growing national debt. H.R. 1173 of the CLASS program until the completion of nearly double as a share of the economy by would repeal the CLASS Act in its to- a macroeconomic study. We must determine 2035. tality, and I believe that that is the the costs of not having long-term care insur- Baby boomers are already turning 65. As of wrong direction to go. And so I would ance on the federal, state, and local govern- January 1, 2011, 10,000 people will turn 65 be offering my amendment to help 26 ments before we repeal programs, like every day and this will continue for the next 20 million Americans who need long-term CLASS, that are self sustaining. CLASS is not years. It is reasonable to assume that over care services in the near future. tax payer funded! The lack of affordable care time the aging of baby boomers will increase The CLASS Act is a positive intent, is a very serious problem which, if not ad- the demand for long-term care. and it deals with the fact that we all dressed, will only add to our growing national In addition, individuals 85 years and older must have balance of burden and ben- debt. are one of the fastest growing segments of the efit. We have to recognize that there H.R. 1173 would repeal Title VIII of the Pa- population. In 2005, there are an estimated 5 are those whom we have to help. My tient Protection and Affordable Care Act and million people 85+ in the United States; this amendment would ask for that study Supports (CLASS) Program—a national, vol- figure is expected to increase to 19.4 million to be engaged and to ask for the Sec- untary long-term care insurance program for by 2050. This means that there could be an retary to come back with an analysis purchasing community living assistance serv- increase from 1.6 million to 6.2 million people of how devastating the impact would ices and supports. Title VIII also authorized age 85 or over with severe or moderate mem- be and how high the deficit would and appropriated funding through 2015 for the ory impairment in 2050. grow. As the former executive director National Clearinghouse for Long-Term Care Repealing the CLASS program does nothing for the National Governors Association Information (clearing house). H.R. 1173 would to address the fact that private long-term care noted, failure to reform the under- rescind any unobligated balances appropriated insurance options are limited and the costs funded, uncoordinated patchwork of to the National Clearinghouse for Long-Term are too high for many American families, in- long-term care supports and services is Care Information. cluding many in my Houston district, to afford. a failure to truly reforming health I ask my colleagues to ensure that the 26 An estimated 10 million Americans needed care. million Americans, who will need long term long-term care in 2000. Most but not all per- Long-term care is not just for the el- care services in the near future, will be able to sons in need of long-term care are elderly. Ap- derly. It’s for those who have had cata- purchase this care at reasonable prices. proximately 63% are persons aged 65 and strophic illnesses, maybe the injured The CLASS Act is a noble and notable at- older (6.3 million); the remaining 37% are 64 football player or the injured skier or a tempt to legislate this issue but when the Ad- years of age and younger (3.7 million). major accident when our loved ones ministration realized that the legislation did not The lifetime probability of becoming disabled need our attention. And, oh, how much do what we thought it would they came forth in at least two activities of daily living or of can be done with long-term care. How and did the right thing and deemed it to be being cognitively impaired is 68% for people do I know it? My mother went into a unsustainable. age 65 and older. nursing home and could not walk—but Policy won out over politics because it By 2050, the number of individuals using she walked out. would be easy to obfuscate and forge ahead paid long-term care services in any setting Yes, there is value to helping people with implementation even in the face of an ob- (e.g., at home, residential care such as as- restore their lives. And baby boomers viously problematic bill. This indeed was a sisted living, or skilled nursing facilities) will are already turning 65; 10,000 people bold act of integrity for the Department of likely double from the 10 million using services will turn 65 every day as of January 1, Health and Human Services. in 2000, to 26 million people. This estimate is 2011, over the next 25 years. And I’m The inclusion of the long term care infra- influenced by growth in the population of older grateful that because of health care structure (CLASS) in health care reform was a people in need of care. and the Affordable Care Act, they will signature issue for one of the foremost advo- Of the older population with long-term care be living longer. Therefore, I’m asking cates in this bicameral body, the late Senator needs in the community, about 30% (1.5 mil- that we not throw the baby out with Ted Kennedy who worked tirelessly to achieve lion persons) have substantial long-term care the bath water. Allow the Secretary to its enactment. needs—three or more activities of daily living do this study and to do this study that As Raymond Scheppach, former Executive limitations. Of these, about 25% are 85 and will be helpful to all of us. By 2050, the Director for National Governors’ Association older and 70% report they are in fair to poor number of individuals using long-term noted, ‘‘failure to reform the under-funded, un- health. 40% of the older population with long- care will increase. coordinated patchwork of long-term care sup- term care needs are poor or near poor (with I would like to reserve the balance of ports and services is a failure to truly reform- incomes below 150% of the federal poverty my time. ing health care.’’ This failure defines the re- level). The Acting CHAIR. The gentlewoman volving door of our health care system. Between 1984 and 1994, the number of may not reserve the balance of her An estimated 10 million Americans currently older persons receiving long-term care re- time. need long term care services, and that num- mained about the same at 5.5 million people, Ms. JACKSON LEE of Texas. Let me ber is projected to reach 26 million by 2050. while the prevalence of long-term care use de- just say, Madam Chair, to my dis- Nearly half of all funding for these services is clined from 19.7% to 16.7% of the 65+ popu- appointment, I wanted to reserve to en- now provided through Medicaid, which is an lation. In comparison, 2.1%, or over 3.3 mil- gage with my friend. But let me just ever-growing and inexorable burden on states lion, of the population aged 18–64 received say this: that care involves home resi- and requires individuals to ‘‘spend down’’ or, long-term care in the community in 1994. dential care, skilled-nursing facilities, become and stay poor to receive the help they Mr. PITTS. Madam Chair, I rise in and it will likely double from the 10 need. opposition to the amendment. million services in 2000 to, as I said ear- This spend-down activity runs contrary to The Acting CHAIR. The gentleman lier, 26 million people. the American notion of putting something from Pennsylvania is recognized for 5 So it makes sense to accept my away for a rainy day, or to allow for passing minutes. amendment that would allow this mac- on to your heirs so that they can see a better Mr. PITTS. Madam Chair, again, this roeconomic study to look closely at day than you. amendment continues to ignore the re- the benefit and the burden of not hav- Estimates suggest that in the upcoming ality around the CLASS program. ing long-term care. I can assure you years the number of disabled elderly who can- The CLASS program has been re- that we will be better informed to be not perform basic activities of daily living with- viewed by outside analysts, by the HHS able to have those instructions, and I out assistance may double today’s level. actuary and the Congressional Budget would ask my colleagues to support CLASS provides the aging and the disabled Office; and just last year the Obama this amendment. with a solution that is self sustaining, at no administration finally admitted what Madam Chair, I rise today in support of my cost to tax payers. so many already knew, the CLASS pro- amendment #2, to H.R. 1173, ‘‘The Fiscal Re- As the estimated 76 million baby boomers gram is not workable. In fact, the Con- sponsibility and Retirement Security Act of born between 1946 and 1964 become elderly, gressional Budget Office has certified

VerDate Sep 11 2014 12:49 Feb 24, 2017 Jkt 019102 PO 00000 Frm 00118 Fmt 0688 Sfmt 0634 E:\BR12\H01FE2.002 H01FE2 rmajette on DSK2TPTVN1PROD with BOUND RECORD February 1, 2012 CONGRESSIONAL RECORD—HOUSE, Vol. 158, Pt. 1 721 that not a single person would ever repay attention to new numbers by ask- 2010, there was a great deal of emotion ceive benefits from the CLASS pro- ing for best practices to be assessed. and celebration. I take, for example, gram. Any effort to preserve a failed I believe if we do that, we will have those senior citizens who were continu- program on the books simply delays the opportunity to do the right thing ously falling through the hole on Medi- any real attempt to ensure every by the American people; and we will be, care part D. This particular legislation American has access to affordable in essence, being productive. No one helped close the doughnut hole where long-term care coverage. can deny the fact that having insur- seniors’ prescription drugs did not sky- From the start, the CLASS program ance that has people being eliminated rocket, so they would not have to was a Big Government idea that inde- from insurance for preexisting condi- make a decision among their drug pre- pendent analysts believed was flawed tions is not good. No one can say that scriptions or their rent or what they and unworkable. The American Acad- having children on your insurance to 26 ate. emy of Actuaries, the Congressional is not good. No one can say that not b 1550 Budget Office and even officials at the being kicked out of a hospital bed be- Department of Health and Human cause you have flat-lined on your in- This amendment is very clear. It sim- Services run by Secretary Sebelius had surance is not good. It is good. ply states Congress resolves that grave concerns about the workability We recognize that coming together in health care is necessary for a healthy of this program. It has been studied. It a bipartisan manner, we can, in fact, population, humane treatment of im- does not work. If you would have done make this right, and we can find a way poverished citizens, and to help reduce this study before you passed it, we to help those families right now. Alz- the budget deficit, and that long-term would not have wasted millions of tax- heimer’s, where families are taking care insurance represents one-third of payer dollars on a program that was care of that loved one, they need sup- Federal and State spending on Med- doomed from the start. Perhaps we port; and they need it in a structure icaid. It’s a simple statement of fact, should visit what the failed implemen- that can help provide them with re- Madam Chairwoman, and I would ask tation of the CLASS program has done, sources for long-term care. that this simple statement of fact be rather than spend millions on a study I ask my colleagues to support a added to this legislation. I think it will of what its removal would do. thoughtful amendment that deals with be a positive statement. It will give us I begin by reminding my colleagues providing additional information. I the connectedness to say that we have that the CLASS program has done thank the gentleman for his time. I ask got to get back to the drawing boards nothing to help reduce Federal or State my colleagues to support the Jackson and make sure that we have, in fact, spending. In fact, the Department Lee No. 2 amendment on a macro- the right kind of insurance for people spent at least $5 million to implement economic study on the benefits and in need. a failed program and an $80 billion hole burdens of repealing the CLASS Act. I can’t imagine why we would want in the Federal budget. I would also re- The Acting CHAIR. The question is to abandon those who need long-term mind my colleague that the CLASS on the amendment offered by the gen- care. As I’ve indicated, it may be a program has done nothing for con- tlewoman from Texas (Ms. JACKSON young person who faces a catastrophic sumers who are left with a failed pro- LEE). illness or accident; it may be a child gram that was overpromised to the The question was taken; and the Act- suffering from a chronic disease; it public as part of the President’s mon- ing Chair announced that the noes ap- may be some of our friends who suffer strous health care law. peared to have it. from issues dealing with mental We must move to take the CLASS Ms. JACKSON LEE of Texas. I de- health. In my own community, just re- program off the books so that we can mand a recorded vote. cently, one of our major hospitals with move forward with solutions that work The Acting CHAIR. Pursuant to mental health beds was closed down, with the private market that are af- clause 6 of rule XVIII, further pro- 148 beds. Who knows what will happen fordable for consumers and don’t place ceedings on the amendment offered by to those patients, some of whom actu- additional strain on the Federal and the gentlewoman from Texas will be ally stayed in that facility for a period State budgets. postponed. of time. We know we don’t have enough Mr. PALLONE. Madam Chair, I move AMENDMENT NO. 1 OFFERED BY MS. JACKSON mental health beds and beds for those to strike the last word. LEE OF TEXAS who need long-term care, suffering The Acting CHAIR. The gentleman Ms. JACKSON LEE of Texas. I have from conditions dealing with their from New Jersey is recognized for 5 an amendment at the desk. mental health. minutes. The Acting CHAIR. The Clerk will My amendment is recognition of the Mr. PALLONE. I yield to the gentle- designate the amendment. fact that the issue of long-term care woman from Texas. The text of the amendment is as fol- services is not going away. The enor- Ms. JACKSON LEE of Texas. I thank lows: mous cost of not providing the rainy- the gentleman. Madam Chair, first of At the end of the bill, add the following: day umbrella, the cushion for families all, I want to make sure that my SEC. 3. ENSURING MARKET PENETRATION FOR and those who are suffering from dev- amendment is amendment No. 2 to PRIVATE LONG-TERM CARE INSUR- astating disease just cannot happen. It H.R. 1173, and I have another amend- ANCE. cannot be swept under the rug. The ment which is amendment No. 1. (a) IN GENERAL.—Section 2 shall not take cost curb is steep and growing, and we But I do want to respond to the gen- effect until such date as the Secretary of cannot continue to kick the can down tleman and just indicate that best Health and Human Services certifies to the the road. Long-term care, again, is fun- Congress that at least 60 percent of individ- practices have not been assessed. The uals in the United States who are 25 years of damental. And so, this particular legis- point of my amendment is to get us fo- age or older have private long-term care in- lation acknowledges that. cusing on what the numbers need to be surance. Forty percent of long-term care users to increase the viability of life and (b) EXCEPTION.—Notwithstanding sub- today are between the ages of 18 and 64, care for those needing long-term care, section (a), section 2(b)(3)(B) shall take ef- as I said. While most people who need juxtaposed against the enormous debt fect upon the enactment of this Act. long-term care are in their seventies and deficit that will occur if no one has The Acting CHAIR. The gentlewoman and eighties, as I said, many younger long-term care or we continue to have from Texas is recognized for 5 minutes. people are facing the horror of dis- to utilize Medicaid, which is at $101 bil- Ms. JACKSON LEE of Texas. Madam ability or a disability without any way lion, private insurance is only at $14.5 Chair, I rise with great concern about of paying for it, without giving relief billion, and then the burden on family H.R. 1173. And, again, I want to make it to their family members. Long-term members, aging family members, their very clear that in all the course of care is expensive and can quickly wipe care. They have put in their pound of traveling throughout my district when out hardworking families’ savings, support at $450 billion. We can at least the Affordable Care Act was passed in which gives many families a Hobson’s

VerDate Sep 11 2014 12:49 Feb 24, 2017 Jkt 019102 PO 00000 Frm 00119 Fmt 0688 Sfmt 0634 E:\BR12\H01FE2.002 H01FE2 rmajette on DSK2TPTVN1PROD with BOUND RECORD 722 CONGRESSIONAL RECORD—HOUSE, Vol. 158, Pt. 1 February 1, 2012 choice: spend down and wipe out years As our nation’s population ages, there is an providing increased access to affordable care of hardworking services to qualify for increasingly urgent need to find effective ways to seniors, low income, and the disabled, and Medicaid. to help Americans prepare for their individual job creation. We should not be eliminating pro- For those of you who don’t know how long-term care needs. Almost seven out of ten grams that aim to sustain our aging popu- Medicaid works, because we want to be people turning age 65 today will need some lation. responsible with Federal tax dollars, help with their activities of daily living at some Mr. PITTS. Madam Chair, I rise in you have to be down to zero—your point in their remaining years. opposition to the amendment. house has to be sold, your car has to be Forty percent of long-term care users today The Acting CHAIR. The gentleman sold, any assets have to be sold, and ev- are between the ages of 18 and 64. While from Pennsylvania is recognized for 5 erything you have goes back into the most people who need long-term care are in minutes. system. their 70s and 80s, many younger people, par- Mr. PITTS. Madam Chair, this Well, I know there are people who be- ticularly those living with a significant disability, amendment continues to ignore the relieve that they want to pay part of this also may need assistance. ality. The CLASS program is simply burden, but there are others who un- Long-term care is expensive, and can quick- not workable. Keeping the CLASS pro- derstand that, in addition to paying, ly wipe out hardworking families’ savings, gram and pretending that it will ever why should they be made completely which gives many families a Hobson’s choice: work does absolutely nothing and of- indigent? Why can’t that person re- spend-down and wipe out years of hard- fers no help to millions of Americans main in their home, even with care— earned savings to qualify for Medicaid. who want to maintain their health. which is another part of long-term While costs for nursing home care can vary Any effort to preserve a failed program care. It gives the opportunity for fami- widely, they average about $6,500 a month, or on the books simply delays any real at- lies to be together and for that indi- anywhere from $70,000 to $80,000 a year. tempt to ensure every American has vidual who is injured to be able to be And these costs are only becoming more ex- access to affordable, long-term care taken care of inside their home with a pensive. coverage. From the start, the CLASS program loving family but yet having the long- People who receive long-term care at home was a Big Government idea that inde- term care providers. spend an average of $1,800 a month. The av- This is a simple statement. I hope my erage lifetime long-term care spending for a pendent analysts believed was flawed colleagues will not oppose the idea that 65 year old is $47,000; 16 percent will spend and unworkable. In fact, the Obama ad- long-term care is important and that $100,000 and 5 percent will spend $250,000. ministration officials pointed out seri- we have to respond to it by way of en- And many of these people have other ex- ous concerns with the CLASS program suring that we don’t grow the deficit. penses as well. as early as the beginning of 2009. While The average lifetime long-term care Nationwide, the median annual cost of a those concerns went ignored by the ad- spending for a 65-year-old is $47,000; 16 nursing home in 2010 was $75,000; room and ministration until earlier this fall, now percent will spend $100,000 and 5 per- board in an assisted living facility, with no ad- is not the time to stall its repeal. Yesterday, Senator HARKIN told recent will spend $250,000. ditional help, was $37,500; an attendant that porters that the only way to make There’s no doubt that we need relief. provides home care and no medical tasks, like CLASS work is to make it mandatory. Nationwide, the median annual cost of the dispensing of medication, is paid approxi- Are the supporters of the CLASS Act a nursing home in 2010 was $75,000, mately $19 an hour. really advocating another mandate? room and board, in an assisted living These expenses are left to America’s sen- Keeping CLASS on the books is a step facility. This is a crisis that will im- iors and people with disabilities (and their in that direction. pact the debt; and, therefore, I would adult children) to pay for out of pocket until Keeping the CLASS program on the argue that repealing the CLASS Act their pockets are all but empty. As this body books also further threatens the pri- without a positive statement, Madam knows well, Medicare only covers short-term vate market and the nearly 8 million Chair, of how important it is is tragic. and limited long-term care services, and the Americans who have private long-term I ask my colleagues to support the Medicaid safety net is only available to those care insurance today. You cannot have Jackson Lee amendment. Stand up and who have depleted virtually all of their re- a functioning long-term care insurance be counted for the value of long-term sources as a result of being frail or suffering market if there is a continued threat of care support here in America. from dementia. Many people are left in dire a government takeover of that market. Madam Chair, I rise today in support of my situations and are truly at society’s mercy. We need long-term care reform that amendment #1 to H.R. 1173, ‘‘The Fiscal Re- Today, there are many Americans with dis- builds on what the private market pro- sponsibility and Retirement Security Act of abilities who want to and are able to work and vides, not destroys it. I hope that those 2011.’’ My amendment states, ‘‘Congress re- thereby maintain independence and contribute on the other side of the aisle have the solves that health care is necessary for a financially to their families. However, if they courage to admit their mistake, repeal healthy population, humane treatment of im- depend upon an attendant to drive them to this law, and begin to work on a real, poverished citizens, and to help reduce the their job or help them shop, use the toilet, or workable long-term care policy. budget deficit; and that long-term care insur- bathe, they must have enough additional fi- I urge Members to oppose this ance represents one-third of federal and state nancial resources to pay for such assistance, amendment. spending on Medicaid.’’ or have low enough incomes to qualify for Madam Chairman, I yield back the H.R. 1173 would repeal Title VIII of the Pa- Medicaid. balance of my time. tient Protection and Affordable Care Act and Long-term care insurance is the most pop- Mrs. BLACKBURN. Madam Chair- Supports (CLASS) Program—a national, vol- ular of the private options available, but less man, I move to strike the last word. untary long-term care insurance program for than 3-percent of the American people have The Acting CHAIR. The gentlewoman purchasing community living assistance serv- long-term care insurance, meaning there is a from Tennessee is recognized for 5 min- ices and supports. Title VIII also authorized wide gap and acute lack of awareness. The utes. and appropriated funding through 2015 for the CLASS Act sought to bridge this gap and has Mrs. BLACKBURN. Madam Chair- National Clearinghouse for Long-Term Care come up a little short. However we cannot, as man, I oppose the amendment, and I Information (clearing house). H.R. 1173 would a Congress, pretend the problem is going stand here today in support of repeal- rescind any unobligated balances appropriated away. ing the CLASS Act. to the National Clearinghouse for Long-Term My amendment recognizes that long-term You know, it’s been almost 2 years Care Information. care must be addressed as millions of baby since we sought passage of the My amendment is recognition of the fact boomers have already begun turning 65. The ObamaCare bill in this Chamber, and it that the issue of long-term care services is not aging population and the disabled need viable is something that we have worked going away. It cannot be swept under the rug. options for their care. Taking away a program since taking the majority to repeal The cost-curve is steep and growing. We can- that is intended to meet the future needs of this and get it off the books; and, in- not continue to kick the can down the road: our aging is the wrong approach. We should deed, what we are seeing is a need to long-term care is fundamental. be focused on ways to boost our economy, get this CLASS Act off the books.

VerDate Sep 11 2014 12:49 Feb 24, 2017 Jkt 019102 PO 00000 Frm 00120 Fmt 0688 Sfmt 0634 E:\BR12\H01FE2.002 H01FE2 rmajette on DSK2TPTVN1PROD with BOUND RECORD February 1, 2012 CONGRESSIONAL RECORD—HOUSE, Vol. 158, Pt. 1 723 Despite the Federal Government’s long-term care crisis in our country, I perfect CLASS bill that passed would best efforts, there is no way to show have to admit I’m not surprised. This reduce Medicaid spending by at least $2 that this is going to save money. In- is the action of a Congress deserving of billion. deed, in a budget gimmick, as we were America’s low opinion of us. If more older Americans had access discussing this bill in committee a cou- We know the facts. A vote against to affordable long-term care insurance, ple of years ago, what they did was to this amendment is a vote for increased middle class seniors could secure a less come in and say, Oh, this will save $80 Medicaid spending. costly, more independent lifestyle in billion. Oh, let’s add title 8 to the bill, No one is immune from becoming dis- their own homes instead of spending let’s add sections 8001 and 8002 to this abled or growing old, yet just 10 per- down into poverty to receive expensive, legislation, and let’s create this little cent of Americans over age 50 can af- institutionalized care. pool here where we’re going to have ford long-term care insurance. As a re- What message is Congress sending by near-term expenses that are supposed sult, a staggering 90 percent of Ameri- repealing CLASS? We are proclaiming to yield us some long-term savings. cans rely on long-term care provided that the current system, which The problem is all the new math you by Medicaid. It is no wonder that over incentivizes elder poverty and forces wanted to put to work on this, Madam a third of Medicaid spending is on long- seniors to blow through their life sav- Chair, there was no way to show that it term care, not on checkups for impov- ings, is just fine. Save nothing. Pass was ever going to save money. And, in- erished children, not on prenatal care what you do have on to your children deed, Secretary Sebelius, who is the for poor, expectant mothers. No, it is before you get sick. Own little prop- Health and Human Services Secretary, the expensive, institutionalized long- erty, and don’t purchase long-term was forced to admit last October that term care funded by Medicaid. care insurance. Follow this plan and there was no path forward for this pro- The goals of the CLASS program rep- you’ll be eligible for expensive, institu- gram. resented an alternative to this system tionalized care through Medicaid. If So what we need to do is to say this on which we all could have agreed, a CLASS is repealed, it is exactly the was a mistake. It doesn’t save money. fully solvent, affordable, premium-fi- children and grandchildren that my It is not going to address a problem. It nanced, long-term care program. It em- friends on the other side say they is something that needs to come off the phasizes personal responsibility, worry about who will pay the cost. A premium-financed long-term care books. It is a way we can step forward lessens the burden on taxpayers, and program would shift people from reli- and we can take a program off the reduces unnecessary Medicaid spend- ance on Medicaid. This should be our books. And I encourage my colleagues ing. shared goal. We ought to work together to support ending the CLASS Act, get- Sometimes, as things happen here, Congress passes imperfect legislation. to fix a program that represents the ting it off the books. first real path toward making afford- I yield back the balance of my time. But rather than address these imper- fections, the legislation before this able long-term care available to middle The Acting CHAIR. The question is class families who want to secure on the amendment offered by the gen- House today gives up on our grappling with this long-term care crisis alto- themselves against possible poverty. tlewoman from Texas (Ms. JACKSON I respectfully ask my colleagues to gether. LEE). support this amendment, because re- We’ve overcome challenges like this The question was taken; and the Act- ducing Medicaid spending while im- before. In the early 1980s, Social Secu- ing Chair announced that the noes approving the lives of seniors and persons rity faced a crisis. So what happened? peared to have it. with disabilities is a conversation wor- Did my Republican friends, concerned Ms. JACKSON LEE of Texas. I de- thy of this office. mand a recorded vote. about having an imperfect law on the And with that, I yield back the bal- The Acting CHAIR. Pursuant to books, castigate what they called ance of my time. clause 6 of rule XVIII, further pro- ‘‘RooseveltCare’’ and bring to the floor Mr. PITTS. Mr. Chairman, I rise in ceedings on the amendment offered by a two-page bill to revoke the Social Se- opposition to the amendment. the gentlewoman from Texas will be curity Act? That’s not, thankfully, The Acting CHAIR (Mr. YODER). The postponed. what happened. What did happen was gentleman from Pennsylvania is recog- that Democrats and Republicans b 1600 nized for 5 minutes. worked together, with President Mr. PITTS. Mr. Chairman, this AMENDMENT NO. 4 OFFERED BY MR. DEUTCH Reagan, and strengthened Social Secu- amendment would simply ignore the Mr. DEUTCH. Madam Chair, I have rity. As a result, Social Security con- millions of dollars that have been spent an amendment at the desk. tinues to keep millions out of poverty, by this administration to reach the The Acting CHAIR. The Clerk will ensuring against the universal risk of same conclusion that so many unbiased designate the amendment. old age, disability, or death of a bread- analysts had said for years: The CLASS The text of the amendment is as fol- winner. program is unworkable, causing a li- lows: The amendment I offer today would ability for the potential beneficiary At the end of the bill, add the following prevent repeal of the CLASS Act from and the taxpayers alike. new section: taking place if failure to implement This amendment would promote SEC. 3. PREVENTING AN INCREASE IN MEDICAID the CLASS program would increase reckless governing that maintains a SPENDING. State and Federal Medicaid spending. failed program for further meddling. Section 2 (other than subsection (b)(3)(B) Greater reliance on the safety net The CLASS program has done nothing of such section) shall not take effect until 90 has led many to conclude that Med- to decrease Medicaid spending, and its days after the date on which the Comptroller icaid has become unaffordable. Instead General of the United States certifies to inclusion in the Patient Protection and Congress that failure to implement the of cutting basic health care for our Affordable Care Act was a budget gim- CLASS program established under title most vulnerable—the elderly, the dis- mick, a budget gimmick that will cost XXXII of the Public Health Service Act will abled, poor children—we ought to re- the American taxpayers $80 billion over not increase State and Federal spending for duce Medicaid spending. We ought to the next 10 years. long-term care under the Medicaid program put more Americans back to work. We Alternative policies, such as the under title XIX of the Social Security Act. ought to make private health insur- Long-Term Care Partnership Program, The Acting CHAIR. The gentleman ance more affordable. which was signed into law by President from Florida is recognized for 5 min- There are many prescriptions for re- Bush, have decreased Medicaid spend- utes. ducing Medicaid spending; but let’s be ing and deterred Americans from mak- Mr. DEUTCH. Madam Chair, al- clear, repeal of the CLASS Act and up- ing Medicaid their primary payer of though I regret that this Congress is holding our long-term care crisis is not long-term care services. That program considering the full repeal of a prom- among them. The Congressional Budg- alone has done more for Medicaid ising effort to address the looming et Office estimates that even the im- spending than CLASS ever will.

VerDate Sep 11 2014 12:49 Feb 24, 2017 Jkt 019102 PO 00000 Frm 00121 Fmt 0688 Sfmt 0634 E:\BR12\H01FE2.002 H01FE2 rmajette on DSK2TPTVN1PROD with BOUND RECORD 724 CONGRESSIONAL RECORD—HOUSE, Vol. 158, Pt. 1 February 1, 2012 We can and should do more to de- if the Secretary of Health and Human Serv- As we all know, the CLASS program, crease Medicaid spending and ensure ices determines under subsection (a)(1) that as drafted, is facing challenges of im- Americans have the access they need the Secretary has the authority described in plementation. Critics have focused on to affordable long-term care coverage, such subsection and the Secretary develops fiscal sustainability. The good news is the 3 benefit plans described in subsection but government intrusion into the (c). that there is a fiscally sustainable path market is not the way to go. However, (2) In the case the Secretary determines forward. With greater flexibility, a pro- we cannot move forward in thinking under subsection (a)(1) that the Secretary gram could be designed that addresses about better long-term care policies does not have the authority described in adverse selection and improves market with this failed program hanging over such subsection and Congress has not consid- appeal. ered and rejected the recommendations de- us. b 1610 Yesterday, Senator HARKIN made it scribed in subsection (a)(2) by the deadline clear that the problem with the CLASS described in subsection (a)(3), section 2 We must remember that even with (other than subsection (b)(3)(B) of such sec- implementation, CLASS would only be program was that it was voluntary. A tion) shall not take effect and the Secretary vote in favor of this amendment is a a start addressing a very serious long- shall have the authority to waive the provi- term care crisis. vote in favor of another mandate on sions recommended by the Secretary to be the American people. waived under the report described in sub- Looking back on our history would Enough is enough. We must get this section (a)(2). serve us well today. In the infancy of failed program off the books so that we (c) ACTUARIALLY SOUND BENEFIT PLANS.— Social Security, Senator William H. can move forward in establishing long- Not later than 180 days after the date of the King, a Democrat from Utah, supported term care policies that work for the enactment of this Act, the Secretary of the Clark amendment which would Health and Human Services shall develop 3 American taxpayers, not those that have undercut the Social Security pro- actuarially sound benefit plans as alter- gram. He was concerned that Social Se- further bankrupt this country. natives for consideration for designation as With that, I yield back the balance of the CLASS Independence Benefit Plan de- curity would crowd out private pen- my time. scribed in section 3203 of the Public Health sions and conditioned his support of The Acting CHAIR. The question is Service Act that address adverse selection Social Security upon a guarantee that on the amendment offered by the gen- and have market appeal, regardless of wheth- the Clark amendment would later be tleman from Florida (Mr. DEUTCH). er such plans satisfy the requirements de- taken up. The question was taken; and the Act- scribed in subsection (a)(1) of such section. When Congress returned, Senator ing Chair announced that the noes ap- The Acting CHAIR. The gentleman King was asked about the amendment. peared to have it. from Florida is recognized for 5 min- He said, You can forget about the Mr. DEUTCH. Mr. Chair, I demand a utes. amendment. The passage of the Social recorded vote. Mr. DEUTCH. Mr. Chairman, this Security Act has got everybody talking The Acting CHAIR. Pursuant to amendment reads, ‘‘The Secretary about pension plans. You can forget it clause 6 of rule XVIII, further pro- shall develop three actuarially sound forever. ceedings on the amendment offered by benefit plans.’’ Americans ought to be talking about the gentleman from Florida will be This amendment’s small fix gives the long-term care. We should all be lucky postponed. administration the ability to imple- enough to grow older. We should all be AMENDMENT NO. 5 OFFERED BY MR. DEUTCH ment a program that enjoys the sup- lucky enough to retire in south Flor- Mr. DEUTCH. Mr. Chairman, I have port of two-thirds of all Americans, in- ida. an amendment at the desk. cluding, I should add, over half of Re- However, no one is immune from the The Acting CHAIR. The Clerk will publicans. The stipulation for moving frailty of old age, and no one is exempt designate the amendment. forward, however, is that CLASS is im- from disability. The text of the amendment is as fol- plemented on an actuarially sound I can’t help but think of a very im- lows: basis. pressive man from south Florida, a The distinguished gentleman from good friend named Alan Brown, who, At the end of the bill, add the following new section: Louisiana and author of the underlying on January 2, 1988, at the age of 20, was hit by a strong wave at the beach that SEC. 3. CLASS PROGRAM FLEXIBILITY. bill has expressed some opposition to (a) IN GENERAL.—Subject to subsection (b), my amendment, suggesting that it will caused a catastrophic spinal cord in- section 2 (other than subsection (b)(3)(B) of waive the solvency requirement. I re- jury that leaves him a quadriplegic to such section) shall not take effect until such spect the gentleman’s work and serv- this day. date on which each of the following has been ice, but I regret that the claim is sim- Mr. Brown has an endless list of ex- satisfied: ply untrue. penses from his wheelchair and medica- (1) The Secretary of Health and Human This amendment gives the Secretary tion, to disability through accessible Services submits to Congress a report includ- waiver authority only after three re- transportation, and long-term care. ing a determination made by the Secretary quirements are met. The plan must be Even while holding two jobs, he strug- on whether or not the Secretary has the authority to implement the CLASS program actuarially sound, must address ad- gles to support his family in the face of under title XXXII of the Public Health Serv- verse selection, and must have market rising health care costs. ice Act and develop and implement the ben- appeal. As lawmakers, it is our responsibility efit plans described in subsection (c). The deliberate obfuscation of this to remember that those who are young (2) In the case the Secretary determines amendment’s intention is a textbook and healthy may not always remain so the Secretary does not have the authority example of why American’s are fed up and act on the fact that long-term care described in paragraph (1), the Secretary in- with Washington. I would work with is out of reach for the majority of cludes in the report described in such para- anyone in any party to protect the fi- Americans. Any one of us could experi- graph recommendations for statutory changes needed, and a recommended list of nancial security of middle class and ence an unpredictable accident like Mr. statutory provisions that would need to be near-retirees. But when attempts to BROWN. If that is not compelling waived, to provide the Secretary with such improve the existing law in a fiscally enough, the inevitability of aging authority. responsible way are treated in this should be. (3) In the case the Secretary determines manner, it is no wonder why we can’t What message is this Congress send- the Secretary does not have the authority get things done. ing when our response to the long-term described in paragraph (1), not later than 90 The bill’s proponents say, Trust us. care crisis is ‘‘just say no’’? Why days after the submission of such report and We’ll replace this. Unfortunately, over should Americans be thinking about recommendations, Congress has considered and rejected such recommendations. a year ago they said the same thing long-term care if their leaders in Con- (b) EXCEPTIONS.— about the Affordable Care Act. Instead gress answer a complicated and sys- (1) Section 2 (other than subsection we had repeal and replace, minus the temic problem with a politically (b)(3)(B) of such section) shall not take effect replace. charged two-page bill?

VerDate Sep 11 2014 12:49 Feb 24, 2017 Jkt 019102 PO 00000 Frm 00122 Fmt 0688 Sfmt 0634 E:\BR12\H01FE2.002 H01FE2 rmajette on DSK2TPTVN1PROD with BOUND RECORD February 1, 2012 CONGRESSIONAL RECORD—HOUSE, Vol. 158, Pt. 1 725 If the Secretary were given the flexi- ever on their side of the aisle might Once again, my Republican col- bility in my amendment, the CLASS want to resurrect Freddy Krueger one leagues are trying their best to dis- program would remain the furthest more time on the backs of the Amer- tract the American people from their thing from an entitlement, as it would ican taxpayer. This is a fiscal train not seeking a solution with this repeal- remain fully financed by premiums. wreck. the-bill sideshow. This fix to CLASS is true fiscal respon- Mr. Chairman, the bill actually calls As we debate this repeal, I have sibility, an individual retirement secu- for the provision of a plan at a date heard so many of our colleagues refer rity; and I respectfully urge my col- certain, October of 2012. I’m an OB/GYN to the President needing to come and leagues to support it. physician. That’s less than 9 months. apologize for introducing this provision Mr. GINGREY of Georgia. Mr. Chair- That goes quickly. I know that about 9 in the Affordable Care Act. It occurs to man, I rise in opposition to the amend- months. me that the effort to embarrass the ment. When you get there, folks that are President, to harass him, to defy him, The Acting CHAIR. The gentleman is looking and counting on the CLASS that that is more important than find- recognized for 5 minutes. program long-term care insurance, ing a solution to the growing challenge Mr. GINGREY of Georgia. Mr. Chair- they want to sign up for it. And the of the aging population. Indeed, it is an man, the amendment No. 5, or Deutch Federal Government says, I know it’s emerging burgeoning problem. 2, is an amendment essentially that the on the books, I know it’s still part of Secretary of Health and Human Serv- the law, I know we are obligated to b 1620 ices has already looked at, some of have a program for you to choose from Ten million Americans need long- these provisions, in eight different by October 1, 2012; but we decided not term care. Over the next decade, an- ways in trying to come up with some to go forward with it. What’s to pre- other 5 million Americans will require possibility of certifying the fiscal solvent them from suing the Federal Gov- this care, bringing the total to 15 mil- vency of this CLASS Act within the 75- ernment? While these lawsuits are lion people. The problem is only be- year budget window, the out-years. pending and going on and on and on— coming more challenging with esti- Thank goodness, Mr. Chairman, for as an attorney jobs bill, it would have mates that nearly 70 percent of peo- the wisdom of Senator Judd Gregg on some merit. In the meantime, the pri- ple—the baby boomers—will need some the Senate side when that amendment vate market for long-term care insur- level of long-term care after turning 65. was accepted in the health committee. ance, they are not innovative. They are An additional issue is that this is a I don’t know whether it was unani- not going to do anything until the le- heavy burden on family budgets. mously accepted by the Democrats, but gality of that is cleared up. This law was seeking to provide a na- I think it was. Again, the prescience We feel very strongly that this would tional, voluntary, and self-sustaining and the wisdom of Senator Gregg is be a bad amendment, and I strongly op- insurance program for assistance serv- something the American people should pose it. ices to aid elderly and disabled people. be, and I think will be, eternally grate- Mr. Chairman, I yield back the bal- It would allow individuals to live inde- ful for. ance of my time. pendently at home and in the commu- The Secretary looked at the possi- The Acting CHAIR. The question is nity for as long as possible without im- bility of saying that we’ll make this on the amendment offered by the gen- poverishing themselves. fiscally solvent if we eliminate eligi- tleman from Florida (Mr. DEUTCH). It seems that my Republican col- bility for anybody with a preexisting The question was taken; and the Act- leagues are content to defer the dreams condition. Then they said, Well, no, ing Chair announced that the noes ap- of millions of Americans to live with that’s not going to work. So let’s say, peared to have it. some sort of dignity as they age. As we how about a 15-year waiting period for Mr. DEUTCH. Mr. Chair, I demand a enjoy this Black History Month, it re- someone with preexisting conditions. recorded vote. minds me of one of my favorite poets, Finally, ultimately, looked at the pos- The Acting CHAIR. Pursuant to an African American poet who would sibility of yet again making this part clause 6 of rule XVIII, further pro- be 110 years old today, Langston of ObamaCare, the CLASS program, a ceedings on the amendment offered by Hughes: mandatory participation. How has that the gentleman from Florida will be What happens to a dream deferred? Does it worked out for them thus far in regard postponed. dry up like a raisin in the Sun? Or fester like to the exchange in young people being Ms. MOORE. Mr. Chair, I move to a sore—and then run? Does it stink like rot- forced, under the ruse of the Constitu- strike the last word. ten meat? Or crust and sugar over—like a tion, of the commerce clause, to do The Acting CHAIR. The gentlewoman syrupy sweet? Maybe it just sags like a that under the penalty of law, increase from Wisconsin is recognized for 5 min- heavy load. Or does it explode? taxes or penalties, or whatever they utes. Republicans want to put one man out want to call it? Well, the Supreme Ms. MOORE. Here we are again, la- of a job and would defer the dreams of Court will ultimately make that deci- dies and gentlemen. The lights are up, millions of Americans. Yet, while they sion. the music is playing and my Repub- continue their song and dance, Mr. Mr. Chair, the Secretary had every lican colleagues are doing the same old Chair, denying seniors the long-term opportunity to look at this. We are song and dance for the American peo- care that they deserve and putting talking about, I say to the gentleman ple. The Republicans have spread out more and more Americans out of work, from Florida, over an 18-month period their sand, and they’re doing their best I hope the American people recognize of time, and they absolutely could not soft-shoe routine, trying to convince who is really on their side before we certify it. the American people that the repeal of see the American Dream of living and You can delay and delay and delay, this bill is in their best interest. As the retiring in dignity explode. but what part of ‘‘no’’ does the gen- saying goes, if it ain’t broke, don’t fix With that, I yield back the balance of tleman not understand? No, this will it. Yet we find ourselves here debating my time. not work. This amendment is unneces- the repeal of a law that would have Ms. LEE of California. Mr. Chairman, sary. We know that this program will sought to address the long-term crisis I move to strike the last word. not work. burgeoning in this country. The Acting CHAIR. The gentlewoman My colleagues on the other side of Mr. Chairman, to most people, find- is recognized for 5 minutes. the aisle, they want to leave the provi- ing a solution to the long-term care in- Ms. LEE of California. Let me first sion in the bill. They want to let it surance crisis in this country seems thank Congresswoman GWEN MOORE for stand there so they can somehow like a good law. It must be if 56 na- her very passionate and very clear maybe with the next administration or tional groups, including AARP and statement. I thank both she and Con- with the next chairman of the Energy SEIU, are against repealing the CLASS gressman ELLISON for their unwavering and Commerce Committee or whom- Act. leadership and conviction on the real

VerDate Sep 11 2014 12:49 Feb 24, 2017 Jkt 019102 PO 00000 Frm 00123 Fmt 0688 Sfmt 0634 E:\BR12\H01FE2.002 H01FE2 rmajette on DSK2TPTVN1PROD with BOUND RECORD 726 CONGRESSIONAL RECORD—HOUSE, Vol. 158, Pt. 1 February 1, 2012 issues facing the American people unemployment assistance, and to en- these jobs are the jobs that make a dif- today. sure that seniors can keep seeing their ference and that bring happiness to As a former cochair of the Congres- doctors. those who need their help the most. sional Progressive Caucus and as a co- We need to come together now to With robust job growth predicted in founder of the Congressional Out of enact bold programs and policies that the health care sector over the next Poverty Caucus, I rise in strong opposi- provide equal opportunity and equal decade, it is imperative that we sup- tion to this bill. access for every single American no port long-term care services and those Mr. Chairman, members of the Pro- matter their race, no matter their em- who provide those services. This is a gressive Caucus are here because, once ployment status, no matter their hum- win-win for the American economy. again, the Republican leadership would ble beginnings, no matter their ages, Not only do long-term care services rather attack the President than help no matter their disabilities. Americans provide jobs, but we know, if our sen- the millions of struggling seniors, peo- can’t wait. This Congress should not iors can be taken care of in their own ple with disabilities and their families wait. We need to really figure out a homes, it can save Americans money in who are faced with a system that fails way to do the right thing on behalf of the long run. I fear, however, that this to meet their very basic needs. This our senior citizens and the disabled, legislation is meant as a step towards should really be a nonpartisan issue, but I have to say that today, unfortu- dismantling the health care reform law but we are here today because Repub- nately, this bill moves us in the wrong that Congress passed and that the licans are more focused on ending direction. President signed, a law that will help Medicare and repealing a long-term I yield back the balance of my time. millions of Americans obtain better care program than they are on creating Ms. HAHN. I move to strike the last and more affordable health care cov- jobs to put Americans back to work. word. erage over the next decade. Last year, the Republicans’ first The Acting CHAIR. The gentlewoman Thanks to the Affordable Care Act, order of business was to eliminate— from California is recognized for 5 min- insurance companies cannot deny cov- mind you, eliminate—the Medicare utes. erage to people with preexisting condi- guarantee for America’s seniors under Ms. HAHN. Mr. Chairman, I rise tions. Thanks to the Affordable Care the Ryan budget proposal. This year, today in strong opposition to H.R. 1173, Act, Americans now have access to free it’s the same old story. Instead of fo- the Republican legislation to repeal preventative care services. Thanks to cusing on jobs or on extending middle the CLASS program. the Affordable Care Act, small busi- class tax cuts, unemployment assist- CLASS was designed to be the first nesses can receive tax credits to pro- ance, or fixing the Medicare physician Federal voluntary long-term care provide their employees with health cov- pay rate, this Tea Party Congress con- gram, making long-term care more ac- erage. Thanks to the Affordable Care tinues to waste time on pointless bills cessible and affordable for millions of Act, children can stay on their parents’ just to score political points. Americans. The idea behind the CLASS insurance until they’re 26. We just hope Repealing the CLASS program will program is to provide Americans, espe- they don’t move back home. do nothing—nothing—to address the cially our seniors, with peace of mind if To my colleagues on the other side, long-term crisis for the 10 million they suffer from an unexpected long- let’s not work to strip these provisions, Americans who need care now and the term illness or injury. putting power back in the hands of for- 5 million more who will require it over We have a long-term care crisis in profit insurance companies. We do not the next 10 years. Killing this program this country. According to Secretary need this legislation. Instead of repeal- without offering any alternative is, Sebelius, ‘‘an estimated 15 million ing a program that is not moving for- frankly, irresponsible. The law may Americans will need some kind of long- ward, why don’t we work on replacing not be perfect, but repealing the bill term care, and fewer than 3 percent it with a better long-term care pro- does not make the problem go away. have a long-term care policy.’’ Because gram. The Affordable Care Act is not a We should be doing everything we can Medicare and other existing programs perfect law. That’s why we should be to ensure that senior citizens and the do not cover these services, we must working together to fix the problems, disabled also have a shot at the Amer- work together to find a solution. As not just to repeal them. Those prob- ican Dream. We should not destroy this my Republican friends know, however, lems will remain even if we repeal this for them just because of their ages or the CLASS program as enacted will not part of the law. Mr. Chairman, I urge their disabilities. Why in the world be implemented. Secretary Sebelius in- my colleagues to stop this needless de- would the Republican Tea Party want formed Congress last October that she bate and legislation and get to work on to throw them under the bus? did not ‘‘see a viable path forward for the real issues at hand. We should work to find a real solu- CLASS implementation at this time.’’ tion that meets the needs of the mil- In other words, this legislation we are b 1630 lions of baby boomers who are retiring debating today is not needed. Mr. JOHNSON of Georgia. Mr. Chair, now, of the senior citizens and the dis- Instead of legislation to create jobs I move to strike the last word. abled, and we should work to ensure and grow our economy, our Republican The Acting CHAIR. The gentleman is that they get the long-term care over friends are focused on repealing a pro- recognized for 5 minutes. the next decade that they will need. gram that has already been suspended. Mr. JOHNSON of Georgia. Mr. Chair- Rather than repeal this bill today, we I want to encourage my friends on the man, I rise in opposition to repealing need to give experts time to identify other side of the aisle to take a step the CLASS Act. changes that would make the CLASS back and focus on the things we could You know, we all get old, or hope- program stronger, and Congress needs be doing together to make long-term fully we will all get old and reach an to focus on the real priorities of the care more affordable and accessible. elderly status, and we will then per- day, which are jobs and the economy. I have encountered in my own life haps become physically unable to get We have work to do, and we don’t the issue of providing long-term care. around a whole lot and we may need to have a minute to waste. Let’s not My dear, sweet mother, before she have some long-term care. Tea Partiers waste another year without a jobs bill passed away last summer, received will need it. Occupy Wall Streeters will and without extending vital unemploy- long-term care services for years, and I need it. Mitt Romney and his group of ment benefits and payroll tax reduc- will always remember the warmth and 15 percent taxpayers will need it. The tions to millions of Americans while affection her caregivers showed her and only question is whether or not the our economy continues to recover. It is my family day in and day out. What we 99ers and the Tea Partiers will be able time for the Republican Tea Party to should be doing today is ensuring that to afford it. That is the only question. stop walking away from our senior citi- the hardworking men and women who We’re in the same boat. zens and the disabled and to work with provide care for our seniors in their The CLASS Act was included in the us to continue middle class tax cuts, own homes earn a living wage, because health care law in order to help elderly

VerDate Sep 11 2014 12:49 Feb 24, 2017 Jkt 019102 PO 00000 Frm 00124 Fmt 0688 Sfmt 0634 E:\BR12\H01FE2.002 H01FE2 rmajette on DSK2TPTVN1PROD with BOUND RECORD February 1, 2012 CONGRESSIONAL RECORD—HOUSE, Vol. 158, Pt. 1 727 and functionally disabled Americans pealing the CLASS Act without any at- Mr. JOHNSON of Georgia. Would the purchase the services they need, which tempt to improve it is a rash political gentleman yield? would enable them to continue living move, and I urge my colleagues to op- Mr. GINGREY of Georgia. I yield to in their communities, as opposed to pose the bill. the gentleman. being forced into expensive private I yield back the balance of my time. Mr. JOHNSON of Georgia. Thank care which most of us can afford. Mr. GINGREY of Georgia. Mr. Chair- you, my friend from Georgia. So I understand that HHS had deter- man, I move to strike the requisite What you’ve just said is that it’s es- mined that the CLASS Act cannot be number of words. sentially a failure to act, to publish implemented as written based on finan- The Acting CHAIR. The gentleman is regulations or to promulgate regula- cial considerations; but, ladies and gen- recognized for 5 minutes. tions that would lead to the enactment tlemen, that’s no reason to throw out Mr. GINGREY of Georgia. My good of this CLASS Act, becomes a final or to repeal this worthwhile initiative. friend, my very good friend from Geor- agency action. In other words, failure We certainly need to improve it, but gia, the gentleman from DeKalb, made to act becomes a final agency action there’s no need to repeal it. the statement about what is the rea- which then enables an appeal or judi- No matter what side of the political son; there is really no reason to strike cial review, the review being for the aisle you sit on, you cannot ignore that this; why not leave it on the books. purposes, I suppose, of failing to follow we need to improve access to long-term And I think that’s the argument we the law, which would, of course, be in care. Approximately 10 million Ameri- have heard all afternoon in regard to support of the underlying legislation, cans are in need of long-term care, and the position of the Democratic side. the CLASS Act. this number is expected to increase to But let me just read a few passages b 1640 15 million over the next decade. Amer- from a report that we requested from ica is aging. the Congressional Research Service as So I would argue that the regulation In 2009, an estimated 62 million un- to why, in response to my friend from that you cite would actually enhance paid family caregivers provided $450 DeKalb and my good colleague from the ability of us to come to a reason- billion in care. At what cost to their Georgia: able way of financing this voluntary jobs, to their family life with their Judicial review assumes that the program. children? Secretary takes no further action to Mr. GINGREY of Georgia. Reclaim- In 2011, the average annual cost of a comply with the CLASS Act’s statu- ing my time from the gentleman, look, nursing home was $70,000. Who can af- tory mandate to designate a benefit Mr. Chairman, the gentleman is an at- ford that? plan by October 1, 2012. torney. I’m just an old country doctor. The cost of long-term care is an The Secretary would appear to be But, you know, this is plain language, unsustainable burden on family mem- committing a facial violation of the and I’ll be happy to provide his office bers who, while also holding a job and statutory requirement to designate with a copy of this Congressional Re- raising a family, struggled to provide such plan. Her failure to take such ac- search Service report. I’m not going to their disabled or elderly relatives with tion conceivably could be challenged in get deep into the weeds of the legal ar- the care that they need to continue liv- court under the Administrative Proce- gument back and forth, but this is ing within their own communities. dure Act, APA, which defines agency about as plain as the nose on your face. The CLASS Act is a voluntary pro- action to include the failure to act. With that, Mr. Chairman, I yield gram. It’s no mandate. Don’t get it They go on to say: back the balance of my time. twisted. There is no mandate, indi- The CLASS Act does not preclude ju- Mr. ELLISON. Mr. Chairman, I move vidual mandate for the CLASS Act. It’s dicial review and the Secretary’s des- to strike the last word. a voluntary program that relies on free ignation of a benefit plan is a manda- The Acting CHAIR. The gentleman market principles of responsibility and tory, as opposed to a discretionary re- from Minnesota is recognized for 5 min- competition that my colleagues in the quirement. utes. Republican Party claim to revere. So judicial review does not appear to Mr. ELLISON. Mr. Chairman, I tell There’s no mandate in this program. It be precluded. Therefore, if the Sec- you what’s as plain as the nose on your would allow families of all means to retary fails to perform the action re- face, what’s as plain as the nose on plan for a secure future where a long quired by the statute, that inaction your face is that the Republicans are life or a disability does not lead to fi- would appear to be reviewable. getting rid of a plan for long-term care nancial ruin. I continue: without offering any alternative plan Take, for instance, one of my con- A failure by the Secretary to des- in its place. They’re just stripping stituents, Linda Rawlins. Linda was ignate a CLASS benefit plan by Octo- what’s there without saying here’s the primary caregiver for her elderly ber 1, 2012, presumably predicated upon what we’re going to do. mother until her recent passing. Linda a determination by her—that is not But I have a memory, Mr. Chairman. told me that she supports the CLASS possible to develop three actuarially What I remember is that for long Act because millions of Americans just sound benefit plans that meet all the stretches of time in the last decade, like her feel overwhelmed or face fi- requirements of the act—would appear Republicans had both houses and the nancial distress due to their roles as to be a final agency action from which Presidency, didn’t do anything on family caregivers who cannot receive ‘‘legal consequences will flow.’’ health care other than do a big give- any kind of assistance. Inaction by the Secretary in desig- away to Big Pharma. When the Demo- Although Linda’s mother received nating a plan by the deadline could be crats get in, we do a plan. We pass the long-term care through a local senior found by a reviewing court to con- Affordable Care Act. Does it need tin- assistance program that enabled her to stitute noncompliance with a statutory kering? Probably so, like all bills do. continue living at home, Linda knows mandate. Thus, after October 1, 2012, But instead of trying to work with us that not everyone is so lucky. Having the Secretary’s failure to take an ac- and do something good for the Amer- access to long-term care services en- tion legally required of her would ap- ican people, Republicans say we’re just abled Linda’s mother to live independ- pear to meet the standard for judicial going to strip the Democratic plan for ently with grace and with dignity. It review of agency inaction unlawfully long-term care. And this is too bad, be- allowed Linda to keep her job and withheld under the APA, Administra- cause it seems to me that long-term helped relieve the emotional and finan- tive Procedure Act, provision pre- care, Mr. Chairman, is a legitimate cial strains placed on her and her fam- scribing the scope of judicial review of issue for us to work together on. But ily as she oversaw her mother’s care. agency action. we’re not working together. One side Linda and I feel like everyone should I asked one of my colleagues a few passes a bill; the other side just tries to have that kind of support, and the minutes ago, What part of ‘‘no’’ do you get rid of it. I think it is high time CLASS Act is a good place to start. Re- not understand? that we start trying to work together,

VerDate Sep 11 2014 12:49 Feb 24, 2017 Jkt 019102 PO 00000 Frm 00125 Fmt 0688 Sfmt 0634 E:\BR12\H01FE2.002 H01FE2 rmajette on DSK2TPTVN1PROD with BOUND RECORD 728 CONGRESSIONAL RECORD—HOUSE, Vol. 158, Pt. 1 February 1, 2012 but we don’t have a cooperative part- ily. We need to make the CLASS pro- able to buy long-term care insurance. ner. Washington Republicans have gram stronger, not get rid of it. We That’s where we do need a public policy proven once again that they would need to amend it, not end it. We need program that’s going to match the re- rather try to embarrass President to improve it. And that’s why 56 na- sources required with the need that’s Obama than help American seniors. tional groups wrote to Congress saying rising. Last year, Republicans’ first order of please don’t repeal the CLASS Act, in- The CLASS Act was designed to business was to eliminate the Medicare cluding AARP, SEIU, and the National make progress, giving older Americans guarantee for America’s seniors. This Council on Aging, people who really and their families some sense of secu- year it’s the same old story, Mr. Chair- know what they’re talking about when rity. It’s not perfect. The most vig- man. No health care, no Medicare, no it comes to long-term care. orous proponents of that legislation ac- long-term care for millions of Ameri- So I urge our Republican friends on knowledge it’s not perfect. But what cans. both sides of the aisle to come together that we pass on the Republican side or Instead of a plan to create jobs or to with us to make a strong long-term the Democratic side can any of us extend middle class tax cuts or to ad- program for seniors rather than just claim is perfect? dress unemployment assistance or to tearing down and stripping down. It’s What we have to do together is try to fix the Medicare physician pay rate, as plain as the nose on your face, Mr. make an imperfect bill better. But Republicans are wasting time on divi- Chairman: Americans need long-term what we can’t do is abandon the very sive and pointless bills. care. serious challenge that those 10 million I do respect the gentleman’s desire to I yield back the balance of my time. Americans in need of long-term care have me yield, but I must very, very Mr. WELCH. Mr. Chairman, I move have. respectfully decline to yield because I to strike the last word. I yield back the balance of my time. have limited time. But if I have any The Acting CHAIR. The gentleman b 1650 extra time, I will be happy to yield to from Vermont is recognized for 5 min- the gentleman, but it will have to be utes. Ms. WATERS. Mr. Chairman, I move when I’m done. Mr. WELCH. We have a serious chal- to strike the last word. Today, we could be dealing with the lenge here. We have people who need The Acting CHAIR. The gentlewoman real issue—fixing the long-term care long-term care. We have very serious from California is recognized for 5 min- crisis. And I’m sure that everyone in fiscal constraints. And the question be- utes. this whole body, Republican and Demo- fore us really is, do we repeal the pro- Ms. WATERS. Mr. Chairman and crat, ought to be concerned about it be- gram altogether when there is a seri- Members, this bill is just another at- cause all of us, no matter what our ide- ous long-term program, as if by legisla- tempt to dismantle health care reform. ological beliefs may be, have people tive magic a repeal suddenly makes the Last year, House Republicans passed who need long-term care. So we’ve got serious and acute problem vanish alto- H.R. 2 to repeal the entire Affordable to be about this business. gether. We know that doesn’t happen. Care Act. The landmark health care re- You know what, Mr. Chairman? Ten form law that was enacted almost 2 million Americans currently need long- It may address a fiscal issue, but it years ago is what I’m referring to. term care, and the problem is only get- doesn’t solve the fiscal issue and enor- The Affordable Care Act has already ting worse. The number of Americans mous emotional pain that individuals made a difference in the lives of mil- 62 years and older is 20 percent higher who are trying to take care of their lions of Americans. Let me just re- than it was 10 years ago. Long-term senior parents will face. So the prob- count for the Members of this House care is a huge burden on families. An lem doesn’t go away if this legislation what the Affordable Care Act has done estimated 62 million—let me say that is passed. It simply means the pain will and is doing. one more time, Mr. Chairman—62 mil- continue and probably intensify. It prevents insurance companies from lion unpaid family caregivers provided So the real challenge for Congress is dropping people because they get sick. care valued at $450 billion in 2009, more that when there is a problem that we than the total spending in Medicare acknowledge is real and rising for the It prevents insurance companies from that year. American people, and the folks who denying coverage to children with pre- But Republicans are offering no solu- need long-term care are in red States existing conditions. It allows young tion to the long-term care crisis. They and blue States, they’re in your dis- adults to remain on their parents’ may say anything that they want, but trict and they’re in mine, the real health insurance until they turn 26. It they’re not coming here with a bill question is whether we address that as provides free preventive care to seniors that we can debate. They’re just at- actively and as aggressively as we can, under Medicare. It is phasing out the tacking what has already been done, taking responsible steps to make cer- ‘‘doughnut hole’’ and helping seniors which is so easy to do. Way better to be tain that we can pay for what we prom- obtain affordable prescription drugs. a critic than to be someone who pro- ise. Finally, it provides tax credits to help duces solutions. The worst thing that we can do in my small businesses purchase health insur- So, Mr. Chairman, I want to tell you view is pass legislation that has almost ance for their employees. a little bit about somebody in my dis- as its predicate the notion that by re- When H.R. 2 failed to move in the trict, Mary. Mary says: My mother is pealing the commitment that this Con- Senate, House Republicans began pass- 90 and seriously ill and now in a nurs- gress made 2 years ago, the problem ing bills to dismantle the Affordable ing home. Her bill is over $6,500 a doesn’t exist. It does, and we all know Care Act piece by piece and inch by month. Mary goes on to say she will that. You’ve heard the statistics—10 inch. They passed H.R. 1213, which re- soon run out of money, referring to her million Americans currently need long- peals funding for the organization of mom. Why do people have to become term care. That is a tough challenge health benefit exchanges, marketplaces indigent before they receive help? for those families. Over the next dec- where American families will be able That’s a good question, I think. ade, that is going to rise to 15 million. to choose an affordable health care That’s a question warranting our at- It is a rising challenge, and the longer plan. They passed H.R. 1214, which retention, but our Republican friends we defer, the more difficult it will be peals funding for the construction of have no plan to protect families like for us to address it. Sixty-two million school-based health clinics. They Mary’s. They’re not here with a plan. Americans, good Americans, generous passed H.R. 1216, which repeals funding They just want to strip and rip and Americans, serve as unpaid caregivers for the training of primary care physi- take down what Democrats have al- to elderly family members. How long cians. ready done. And people are in need of can that be sustained? Now they’re trying to repeal the help. While nearly 70 percent of Americans CLASS Act. The CLASS Act is the So, Mr. Chairman, repealing the will need some level of long-term care Community Living Assistance Services CLASS Act will not help Mary’s fam- in their lifetime, only 8 percent are and Supports Act, and it establishes a

VerDate Sep 11 2014 12:49 Feb 24, 2017 Jkt 019102 PO 00000 Frm 00126 Fmt 0688 Sfmt 0634 E:\BR12\H01FE2.002 H01FE2 rmajette on DSK2TPTVN1PROD with BOUND RECORD February 1, 2012 CONGRESSIONAL RECORD—HOUSE, Vol. 158, Pt. 1 729 program to facilitate access to long- Mr. NADLER. Mr. Chairman, I rise in by the rules, they will have to bank- term health care services. Who can be opposition to this bill to repeal the rupt their children and grandchildren against that? The CLASS Act is a vol- CLASS Act. Last year, we watched as just to have any sense of dignity as untary program to provide participants Republicans implemented a slash-and- they grow older. with a cash benefit that can be used to burn offensive against almost every This is not the American Dream. We purchase a variety of long-term care and any Federal program that helps don’t want to tell our old people, get services, such as home modifications, people. No matter that the program lost, get out of sight, go into the accessible transportation, personal as- helps women or children or seniors or poorhouses and the almshouses we had sistance services, homemaker services, sick people; let’s get rid of it. before Social Security. We don’t want respite care, home health aids, and Apparently, this year is no different. to tell our seniors, you can’t have the nursing support. The program would be With this bill, Republicans have set health care, the home assisted living, funded entirely by the premiums paid their eyes on the CLASS Act, which the home health care aides that you by those who choose to participate. when implemented, will help provide need. We don’t want to tell our families House Republicans’ CLASS Act re- some relief to aging Americans as well that you must impoverish yourselves, peal also repeals funding for the Na- as to those who love and care for them. sell off all your assets because your tional Clearinghouse for Long-Term The CLASS program was designed to mother or your grandmother is sick or Health Information. The clearinghouse combat the rapidly increasing cost of can no longer live independently. provides online information about long-term care, costs that currently This is why we have government, to long-term care costs and planning op- account for nearly half of all health solve problems for all of us that we tions. care spending in this country, by help- cannot solve for ourselves individually. Our Nation is indeed facing a longing enrollees in this program to afford That is the reason for government, to term health crisis. People are living a variety of long-term care services, provide for the common welfare, as the longer. As a result, there’s a growing such as home modifications, assistive Constitution says. We know we have need for long-term care for elderly and technology, accessible transportation, this problem. We know as the popu- disabled Americans. There are 10 mil- respite care, home health care aids and lation ages the problem is going to get lion people who need long-term care in nursing support. worse and more intense, not better. We the United States today. That number Currently, long-term care facilities know the problem is not going to go is expected to grow to 15 million in the cost on average $70,000 per year, and away. So let’s deal with it. year 2020. There are an estimated 52 home health care aides can cost $25 per After many, many years, Congress in million unpaid caregivers providing hour in some areas. How many middle the Affordable Care Act finally passed long-term care services in American class families can afford that? the CLASS Act program to start deal- homes today. American families are I understand the concerns that my ing with this. There are problems with paying more than $50 billion every year Republican colleagues have voiced. As it. Yes, the financing that was brought on out-of-pocket expenses for long- currently structured, the Congres- into that program is only sufficient for term care. These families need options, sional Budget Office estimates that the about 20 years. and they need our support. program will not be solvent beyond The CLASS Act does not need to be b 1700 about 2029, about 20 years from now. repealed. If House Republicans believe But what is the Republicans’ knee-jerk That gives us only 20 years to fix the this program should be fixed, then they solution to all budget issues? To trash program. should try to fix it. However, they have a program, a necessary program, that Now, the sooner we fix it, the sooner not even attempted to improve this will provide much-needed support for we amend the financing, the easier it program or develop other options to seniors today and in the future. will be to do it. The longer we wait, the make long-term care services available This is completely wrong-headed. We harder. to American families who need them. So what do the Republicans want to It is long past due for House Repub- should not destroy this program and do? Kill the whole program, put our licans to stop trying to dismantle ignore the problem. People will still heads in the sand, ignore the problem, health care reform and start working grow older, hopefully, and they will and to heck with the senior citizens with us in a constructive, bipartisan need assisted living, they will need and to heck with their children who manner to improve our Nation’s health home health care, and they will need worry about how they’re going to have system. I would urge my colleagues to accessible transportation. At some their parents live their last years in oppose this bill and support solutions point, we are going to have to face this dignity. That is not the American to America’s long-term care crisis. La- issue. dies and gentlemen, what we are dis- The current situation, where Med- Dream. It is not right. cussing today is precisely what Occupy icaid will pay for this but only after I urge my Republican colleagues to Wall Street was all about. It’s about the family has impoverished itself and rethink this. Withdraw this bill. This what are we going to do to deal with eliminated all their assets, it’s not a program is not being implemented im- that 99 percent out there who simply long-term solution, it’s not a tolerable mediately. Figure out how to finance it need some safety nets that their gov- solution. Why should middle class fam- better. Figure out how to deal with ernment could easily assist with. ilies who have worked all their lives this problem. Don’t simply say let’s ig- Health care is a problem in this coun- have to impoverish themselves if an el- nore the problem and to hell with our try. Not everyone can afford it, and I derly relative needs home health care senior citizens. That is not the Amer- would ask my colleagues to take the or assisted living or a nursing home? ican Dream. We simply must do better. politics out of this issue. The American Our job here is to make people’s lives We’ve made a start. Let us continue public needs this health care reform. better, to identify problems and to find that start. Let us build on it. Let us And the Occupy Wall Street people who solutions. We have certainly identified not destroy the beginnings that we are out there simply sent a message to a problem. There is simply no denying have made. say, okay, America, stop being simply that only the wealthiest among us can I yield back the balance of my time. on the side of the 1 percent, look at the possibly afford to pay $70,000 a year for Mr. MCDERMOTT. Mr. Chairman, I 99 percent. I would urge my colleagues a nursing home. move to strike the last word. to do that. So let’s do our jobs. Let’s roll up our The Acting CHAIR. The gentleman I yield back the balance of my time. sleeves and work to make this program from Washington is recognized for 5 Mr. NADLER. Mr. Chairman, I move better. Let’s work to make it solvent, minutes. to strike the last word. not simply eliminate it. Let’s not sim- Mr. MCDERMOTT. Well, Mr. Chair- The Acting CHAIR. The gentleman ply abandon middle class Americans man, tomorrow is Groundhog Day. from New York is recognized for 5 min- who are scared to death that after We’ve been in session this year for 1 utes. working their entire lives and playing month. And this is the 1st day of the

VerDate Sep 11 2014 12:49 Feb 24, 2017 Jkt 019102 PO 00000 Frm 00127 Fmt 0688 Sfmt 0634 E:\BR12\H01FE2.002 H01FE2 rmajette on DSK2TPTVN1PROD with BOUND RECORD 730 CONGRESSIONAL RECORD—HOUSE, Vol. 158, Pt. 1 February 1, 2012 2nd month, and we’ve had 2 legislative health care costs and getting Ameri- ington, Mr. Chairman, and I quote him: days and haven’t done one single thing cans better service for less money. ‘‘I’ve never seen a Congress that has for the working Americans in this In 40 years of legislating, I’ve seen failed as much as this one.’’ Well, I’m country. State houses shift parties, Congress going to tell you, I have never seen a Now, this bill is the whole reason shift parties, but I’ve never, ever seen a provision of law in a bill that has failed why the Occupy Wall Street movement legislative body that failed as badly as as much as the CLASS Act. And they is out there and why the opinion of the this one. This is the most unproductive can beat this to death—and I think performance of the Congress is so low. Congress I’ve ever seen. And if you they have done that, Mr. Chairman— This bill has absolutely nothing to do think this bill is going to go out of but I have in my hand here a summary with creating jobs, training the unem- here and go over to the Senate, even sheet of the HHS analysis of the ployed, helping businesses grow, or the Republican leader, MITCH MCCON- CLASS Act over an 18-month period of moving the country forward. It is NELL, wouldn’t want this brought up as time. about the ninth time we’ve brought a the bill that we deal with. And they have tried to model eight piece of so-called ObamaCare—Obama The Republicans are running their different options to make this fiscally does care, you know. They brought it demonize everything and do-nothing solvent, and required by the law— out here, and they keep trying to re- agenda, and it’s having the predictable thank goodness, thank goodness for the peal it, which is not what the people results. It gets the base whipped up and amendment from the Senator from want us working on. Instead, the Re- angry, but it accomplishes nothing for Rhode Island, the Honorable Judd publicans are giving us just a bunch of jobs, nothing for health care, nothing Gregg, at the time chairman or rank- press releases. I can see them going out for the deficit, nothing for the econ- ing member of the Budget Committee. of the offices now to the Tea Party all omy. The American people need the The eight options, none of them work. over the country—rile up the base, rile CLASS Act fixed. They need to be able I mean, there are things like a work re- up the base, oh, yeah, and nothing is to continue to rely on the Clearing- quirement. There are things like not being done for the people. house for Long-Term Care Information. allowing anybody with a preexisting As the Republicans put out their plan The second problem is that the Re- condition to be in the program, allow- for wasting this entire year of 2012 not publicans aren’t being straight with ing people with preexisting conditions serving the American people, the vot- the American people. This bill does to be in the program but only eligible ers should look very carefully at what more than the Republicans are saying. for a benefit for 15 years, and on and on they actually are doing. When they put The Republicans aren’t just repealing and on. Actually, the one option that’s out their platform, you know, it’s the CLASS Act. The Republicans are not on this printout, I guess, is option going to say, What did you do? Well, I trying to kill another important and number nine, and that would be the op- voted ‘‘no.’’ I voted ‘‘no.’’ I voted ‘‘no.’’ inexpensive program that seniors and tion, Mr. Chairman, of requiring every I voted ‘‘no.’’ They will have nothing families depend on. They’re defunding individual to sign up for the long-term positive to put on that agenda. What the National Clearinghouse for Long- program under the CLASS Act. did you do? Well, I tried to get rid of Term Care Information, an important Now, the question on all of these op- the EPA. I didn’t want clean air. I and useful government Web site that tions was: Does the Secretary have didn’t want clean water. And I didn’t seniors and their families use to take legal authority? And in most of the want labor unions. And, and, ‘‘no,’’ an active role in understanding, plan- eight: Not completely; HHS vulnerable ning, and financing their long-term ‘‘no,’’ ‘‘no.’’ This is a terrible piece of legislation. to legal challenge. Not completely; vul- needs. Remember, these are the most It should be fixed. There’s none of us nerable to legal challenge. Not com- frail people in our society, and they who would stand up here and say it’s a pletely—again, vulnerable. No author- rely on this information to plan for perfect piece of legislation, but I urge ity. No authority. No authority. No au- their futures. thority. Mr. Chairman, two-thirds of personal my colleagues to vote ‘‘no.’’ The Acting CHAIR. The time of the Well, number nine, individual man- bankruptcies in this country are gentleman has expired. date, making everybody sign up for it, caused by medical bills, and a lot of Mr. FINCHER. Mr. Chairman, I move yes, got the authority to do that. She those astronomical bills are caused by to strike the last word. could have done that. But I’m sure that the debilitating costs of long-term The Acting CHAIR. The gentleman my colleagues and her advisors and the care. And the Republicans aren’t try- from Tennessee is recognized for 5 min- administration probably—and I state ing to solve the problem. Instead, the utes. this rhetorically. Do you want another Republicans want to repeal the first Mr. FINCHER. I yield to my col- mandate to which the American people ever Federal law creating a stand-alone league from Georgia (Mr. GINGREY). can rail against us in the next elec- long-term care program. Bill Frist, the Mr. GINGREY of Georgia. I thank tion? And she is smart enough to know Republican leader in the Senate some the gentleman for yielding. that option number nine was not unac- years ago said, Don’t repeal it; fix it. I appreciate the opportunity to re- ceptable. But the Republicans can’t figure out spond to my good friend and the good So, again, we could go on and on. We how to fix it because they don’t care doctor, my colleague from the State of could do this for another couple of about seniors. Washington, who made reference to, I hours and continue this Groundhog Granted, this CLASS Act needs to be think, Groundhog Day. Day ruse, but, as I said earlier, Mr. fixed. It’s not a perfect bill. We know Now, my name, Mr. Chairman, is Chairman, what part of ‘‘no’’ do they that. And that’s what we should be PHIL GINGREY, but as I sat here over not understand? doing so that the country stops allow- the last couple of hours listening to the ing long-term health care costs to argument on the other side of the aisle, b 1710 bankrupt families. That the Repub- I feel like Phil Connors, and that was Now, look, when this amendment was licans don’t care enough to do any- the weatherman. Bill Murray, if you added at the last moment back in 2009 thing about chronic bankruptcies recall, played that role, the weather- by the chairman of the Subcommittee caused by long-term care is bad man at Punxsutawney, Pennsylvania, on Health, Mr. PALLONE, during the En- enough, but the Republican wrecking covering Groundhog Day. And believe ergy and Commerce Committee debate ball goes even further. The Republicans me, we have been listening to Ground- on the CLASS Act, Chairman PALLONE are trying to get a scalp. They want to hog Day from my colleagues on the stated, and I quote him: ‘‘I can’t stress please their base by repealing a part of other side over and over and over enough that we are not actually set- ObamaCare, that law that insures 31 again, and it is indeed getting just a ting this up. We are simply sug- million more Americans and saves tax- little bit tiring. gesting.’’ That was the end of the payers money—so-called ObamaCare, My friend also said, the gentleman, quote. In fact, Chairman PALLONE as- that law that already is driving down the doctor from the State of Wash- serted that the program would not

VerDate Sep 11 2014 12:49 Feb 24, 2017 Jkt 019102 PO 00000 Frm 00128 Fmt 0688 Sfmt 0634 E:\BR12\H01FE2.002 H01FE2 rmajette on DSK2TPTVN1PROD with BOUND RECORD February 1, 2012 CONGRESSIONAL RECORD—HOUSE, Vol. 158, Pt. 1 731 take effect until subsequent legislation It doesn’t disturb me that HHS has expend $450 billion that we don’t com- was passed. made several tries, and in a time frame pensate them for, lose their jobs, raise Well, Mr. BARTON, who, at the time, has not found a cure yet. But knowing the deficit, add to the debt because was the ranking member of the overall research and knowing science and they are not able to take care of them- Committee of Energy and Commerce, being near and in the community of selves. said this: ‘‘Well, reclaiming my time, I the Texas Medical Center, I know how And as we see, some 76 million baby am going to support the Pallone long it takes to get a good answer in boomers, Mr. Chairman, going forward. amendment without binding anybody health care. Let me just say, don’t repeal this bill. on my side to support it, with the un- But what I do want to stress to my It bears repeating. Help those who need derstanding that if this moves forward, friends, can they deny that 82 percent your help. there will be a hearing on this in this of Americans say that taking care of Mr. Chair, I move to strike the last word. committee, and there will be bipar- relatives who are aging or ill is de- Today, I am joined by Members of the Con- tisan efforts to flesh it out. Do I have manding? Eighty-two percent of them gressional Progressive Caucus, to call atten- that assurance from the chairman?’’ say that; 72 percent indicate that tak- tion to the grievous threats posed by to H.R. And Mr. PALLONE responded, ‘‘You cer- ing care of them is overwhelming; 56 1173, ‘‘The Fiscal Responsibility and Retire- tainly have my assurance.’’ percent said that as they are taking ment Security Act of 2011’’, to key provisions in the Affordable Health Care Act. And then the chairman, HENRY WAX- care of their sick relatives, they are H.R. 1173 bill would repeal title VIII of the MAN, overall chairman of the com- getting ill. Patient Protection and Affordable Care Act mittee said, fine with me, but he is the Yet we want to abandon the discus- and Supports (CLASS) Program—a national, subcommittee chairman. sion on long-term care when I’ve al- voluntary long-term care insurance program We never had one hearing. We never ready said on the floor of the House for purchasing community living assistance had an opportunity to flesh it out. that $450 billion of that long-term care services and supports. Defeat this amendment. is already in private hands. It’s in fam- This piece of legislation is yet another ex- The Acting CHAIR. The time of the ilies. It’s through their labor. They are ample of the Republican Majority failing to act gentleman from Tennessee has expired. overwhelmed. on the top priorities of the American people. At Ms. JACKSON LEE of Texas. Mr. Only $14 billion is in the private in- a time when we should be focused on building Chairman, I move to strike the last dustry sector. See how much they’re our economy; advancing underserved and word. standing up to the bar, and $101 billion underrepresented communities, addressing The Acting CHAIR. The gentlewoman in Medicaid. the needs of our Nation’s seniors; and focus- is recognized for 5 minutes. We have to find a solution that bal- ing on the deficit, as well as, unemployment Ms. JACKSON LEE of Texas. My ances benefit and burden. Listen to a insurance. Instead of generating bold new good friend from Georgia, some things constituent from Texas who took care ideas to help small businesses hire more bear repeating. I love February 2. It of her son after he was seriously in- Americans, to aid in the revitalization efforts of happens to be my daughter, Erica’s, jured in a roadside bombing while pa- our manufacturing industry, to advance the birthday. Some call it Groundhog Day. trolling in Iraq. She did not return cause for energy independence, to address I call it a day of great celebration for home 7 years in order to be with her the needs of families hurt the most by this a bit of joy that came into our lives. son. economic down turn. So it’s a day for many that is happy. Debbie initially took a leave of ab- Instead, The Republicans have brought for- It’s a day that many humorously look sence from her job, but ended up reward a bill to repeal a self sustaining program forward to great weather. Some resigning to become a full-time caregiver for the aging and the disabled. The CLASS member our good friend, Bill Murray, for her son. Because she no longer had program is meant to help someone who is un- and it is a day that symbolizes repeti- a paid job, and her husband was the able to bath, cloth, or conduct basic life tion. only one working, they had to start actives. We should not be attacking programs Sometimes the pain of Americans de- using their retirement savings to sur- that are designed to address issues of long serves to be repeated over and over vive. Her son is now better, great news, term care. again. And I’d like to answer my good and active in the community. And she Title VIII also authorized and appropriated friend, not speaking for Mr. PALLONE, continues her work. But the cata- funding through 2015 for the National Clear- but, in actuality, we have the oppor- strophic impact to the family con- inghouse for Long-Term Care Information tunity now to have bipartisan hear- tinues on. (clearing house). H.R. 1173 would rescind any ings. Nothing is precluded. Mr. PAL- Rhonda has gone from a part-time, unobligated balances appropriated to the Na- LONE’s statement was accurate. He was visiting caregiver to her elderly par- tional Clearinghouse for Long-Term Care In- not writing the structure of long-term ents to a live-in, full-time caregiver. formation. care. He was indicating that, for Amer- Even after the death of her own 23- The CLASS Act was designed to provide an icans, it was vital. year-old daughter in a car accident, affordable long-term care option for the 10 mil- What is disappointing is that my and her only brother becoming disabled lion Americans in need of long-term care now friends on the other side of the aisle after an illness, before 2001 she was a and the projected 15 million Americans that are willing to give up so easily. I don’t full-time working mother of two. will need long-term care by 2020. Individuals need long-term care when a understand that. Where’s the American Where is the relief for these humans, chronic condition, trauma, or illness limits their genius? these individuals, these people in need? ability to carry out basic self-care tasks, called Of course, they will cite HHS; but Where is it? It’s in the amendment I of- activities of daily living (ADLs), (such as bath- they know that Congress directs HHS. fered that indicated that it is impor- ing, dressing or eating), or instrumental activi- They know that the repeal of this leg- tant to note that long-term care is im- ties of daily living (IADLs) (such as household islation for long-term care will simply portant, and a study should engender chores, meal preparation, or managing kill the opportunity for Americans to to be able to determine that. money). find relief. But more importantly, let’s, again, Long-term care often involves the most inti- As we look to the future, we are just look at this in a way that we take our mate aspects of people’s lives—what and a month away until taxes go up on time and look at the macroeconomics when they eat, personal hygiene, getting middle class families, and Americans and take into consideration how we dressed, using the bathroom. Other less se- looking for work lose their unemploy- can best configure this. But let me tell vere long-term care needs may involve house- ment insurance, and seniors face losing you very clearly that if we repeal this hold tasks such as preparing meals or using access to their doctors. We could be CLASS Act, the burden will fall on the telephone. working on that, move the conference local and State governments and the Estimates suggest that in the upcoming committee a little faster. But we’re millions of caregivers who already, years the number of disabled elderly who can- now adding an extra burden. Let’s re- through their own effort and their own not perform basic activities of daily living with- peal the CLASS Act. toil, with love, I will tell you with love, out assistance may be double today’s level.

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The ices as opposed to nursing home placement nearly double as a share of the economy by proportion of cognitive impairment among the was formalized with the Olmstead Decision 2035. 65+ population rose from 34 percent to 40 (July, 1999)—a court case in which the Su- Baby boomers are already turning 65. As of percent. preme Court upheld the right of individuals to January 1, 2011, baby boomers have begun INFORMAL CARE GIVERS AND FAMILY receive care in the community as opposed to to celebrate their 65th birthdays for that day Informal caregiver and family caregiver are an institution whenever possible. on 10,000 people will turn 65 every day and terms used to refer to unpaid individuals such The proportion of Americans aged 65 and this will continue for the next 20 years. as family members, partners, friends and over with disabilities who rely entirely on for- It is reasonable to assume that over time neighbors who provide care. mal care for their personal assistance needs the aging of baby boomers will increase the Informal caregivers and family can be pri- has increased to 9 percent in 1999 from 5 per- demand for long-term care. mary or secondary caregivers, full time or part cent in 1984. Repealing the CLASS program does nothing time, and can live with the person being cared Between 2000 and 2002, the number of li- to address the fact that private long-term care for or live separately. censed assisted living and board and care fa- insurance options are limited and the costs Estimates vary on the number of family and cilities increased from 32,886 to 36,399 na- are too high for many American families, in- informal caregivers in the United States, de- tionally, reflecting the trend towards commu- cluding many in my Houston district, to afford. pending on the definitions however: nity-based care as opposed to nursing homes. In 2000, spending from public and private 52 million informal and family caregivers Most assisted living facilities, however, are un- sources associated on long-term care amount- provide care to someone aged 20+ who is ill licensed. ed to an estimated $137 billion (for persons of or disabled. Most assisted living facilities (ALFs) dis- all ages). By 2005, this number has risen to 44.4 million caregivers (or one out of every charge residents whose cognitive impairments $206.6 billion. five households ) are involved in care giving to become moderate or severe or who need help Individuals 85 years and older, the oldest persons aged 18 or over. with transfers (e.g. moving from a wheelchair old, are one of the fastest growing segments 34 million caregivers provide care for some- to a bed). This limits the ability of these popu- of the population. In 2005, there are an esti- one age 50+. lations to find appropriate services outside of mated 5 million people 85+ in the United 27.3 million family caregivers provide per- nursing homes or other institutions. States. This figure is expected to increase to sonal assistance to adults (aged 15+) with a 19.4 million by 2050. This means that there disability or chronic illness. NURSING HOME CARE could be an increase from 1.6 million to 6.2 5.8 to 7 million people (family, friends and The risk of nursing home placement in- million people age 85 or over with severe or neighbors) provide care to a person (65+) who creases with age—31 percent of those who moderate memory impairment in 2050. needs assistance with everyday activities are severely impaired and between the ages An estimated 10 million Americans needed 8.9 million informal caregivers provide care of 65 and 70 receive care in a nursing home long-term care in 2000. Most but not all per- to someone aged 50+ with dementia. By the compared to 61 percent of those age 85 and sons in need of long-term care are elderly. Ap- year 2007, the number of care giving house- older. proximately 63 percent are persons aged 65 holds in the U.S. for persons aged 50+ could In 2002, there were 1,458,000 people in and older (6.3 million); the remaining 37 per- reach 39 million. nursing homes nationally. Older individuals liv- cent are 64 years of age and younger (3.7 mil- Over three-quarters (78 percent) of adults ing in nursing homes require and receive lion). living in the community and in need of long- greater levels of care and assistance. In 1999, The lifetime probability of becoming disabled term care depend on family and friends (i.e., over three-quarters of individuals in nursing in at least two activities of daily living or of informal caregivers) as their only source of homes received assistance with four to six being cognitively impaired is 68 percent for help; 14 percent receive a combination of in- ADLs. Of the population aged 65 and over in people age 65 and older. formal and formal care (i.e., paid help); only 8 1999, 52 percent of the nursing home popu- By 2050, the number of individuals using percent used formal care or paid help only. lation was aged 85 or older compared to 35 paid long-term care services in any setting Even among the most severely disabled percent aged 75–84, and 13 percent aged 65– (e.g., at home, residential care such as as- older persons living in the community, about 74. Between 1985 and 1999 the number of sisted living, or skilled nursing facilities) will two-thirds rely solely on family members and adults 65 and older living in nursing homes in- likely double from the 13 million using services other informal help, often resulting in great creased from 1.3 million to 1.5 million. In in 2000, to 27 million people. This estimate is strain for the family caregivers. 1999, almost three-quarters (1.1 million) of influenced by growth in the population of older The use of informal care as the only type of these older residents were women. people in need of care. assistance by older Americans aged 65 and The issue before us today, is how we intend Of the older population with long-term care over increased from 57 percent in 1994 to 66 to treat our aging and disabled at a time when needs in the community, about 30 percent (1.5 percent in 1999. The growth in reliance upon they are in need of assistance that will have million persons) have substantial long-term informal care between 1994 and 1999 is ac- a direct impact on their quality of life. care needs—three or more activities of daily companied by a decline in the use of a com- Traditionally, most long-term care is pro- living limitations. Of these, about 25 percent bination of informal and formal care from 36 vided informally by family members and are 85 and older and 70 percent report they percent in 1994 to 26 percent in 1999. friends. Some people with disabilities receive are in fair to poor health. 30 percent of persons caring for elderly assistance at home from paid helpers, includ- Forty percent of the older population with long-term care users were themselves aged ing skilled nurses and home care aides. long-term care needs are poor or near poor 65 or over; another 15 percent were between Nursing homes are increasingly viewed as a (with incomes below 150 percent of the Fed- the age of 45–54. last resort for people who are too disabled to eral poverty level). For the family caregiver forced to give up live in the community, due to a number of fac- Between 1984 and 1994, the number of work to care for a family member or friend, the tors, cost being one. older persons receiving long-term care re- cost in lost wages and benefits is estimated to Mr. Chair, I believe that we must leave the mained about the same at 5.5 million people, be $109 per day. framework that exists in place and work with while the prevalence of long-term care use de- HOME AND COMMUNITY-BASED CARE seniors, families, industry, HHS and others to clined from 19.7 percent to 16.7 percent of the Most people—nearly 79 percent—who need find a way to make the CLASS Act or an alter- 65+ population. In comparison, 2.1 percent, or Long-Term Care live at home or in community native long-term care program work. over 3.3 million, of the population aged 18–64 settings, not in institutions. We cannot and we must not allow Medicaid received long-term care in the community in More than 13.2 million adults (over half to continue to be the only affordable long-term 1994. younger than 65) living in the community re- care service available to Americans. American While there was a decline in the proportion ceived an average of 31.4 hours of personal families should not have to spend down their (i.e., prevalence) of the older population re- assistance per week in 1995. savings or assets to access long-term care.

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Our health care which the long-term care crisis will get thing. She put the implementation on system was in need of an overhaul. even worse, not better. hold because the actuarial studies did Under the Affordable Health Care Act, In the coming years, Mr. Chairman, not show that the program, as designed into law in 2010 more than 32 million we’re going to find ourselves in turmoil signed, was sustainable. None of us who additional Americans are expected to get in- over long-term care. So why aren’t we supported and voted for the Affordable surance, either through an extension of Med- putting our heads together on both Care Act thought that everything in it icaid or through exchanges where low and sides of the aisle and coming up with was perfect. Much of it was well put to- moderate income individuals and families will ideas to solve this dilemma? After all, gether, well-planned, well-designed. be able to purchase private insurance with we’re all going to be old. But there were some that we thought Federal subsidies. Instead, we’re here today because the might need to be tweaked or even re- A key part of the new health law also en- majority appears to want to repeal the vised in bigger ways, but we needed to courages the development of ‘‘accountable one modest attempt to help Americans take that first big important step in care organizations’’ that would allow doctors to cope with long-term care costs. If the the right direction to make sure that team up with each other and with hospitals, in program needs improvement, I ask the health care needs of our fellow new ways, to provide medical services. There them, then let’s fix it. That’s what tax- Americans would be met. are dozens of good provisions in the Afford- payers are paying us to do, not throw The Secretary in her letter to the able Health Care Law that will ultimately ben- up our hands and walk away from this Speaker said that the report reflected efit the public, if they are not repealed one title problem. ‘‘The development of information that at a time. The CLASS Act is a good provision will ultimately advance the cause of b 1720 too—I stand by that notion—but just improp- finding affordable and sustainable erly designed. But my friends in the majority seem long-term care options.’’ While family caregiving can be a very satis- to have a different version and vision So what we should be doing is look- fying job, those who become primary care- of public service. It seems that instead ing at those options or charging an in- takers for their senior loved ones must under- of providing service to the public, they stitute like the Institute of Medicine stand that doing so will touch many aspects of view it as their job to dismantle and to look at them and recommend a way their lives—including work, home and family. disembowel any government invest- forward. This data was developed from the responses ment that improves the lives of regular Everyone knows that we have a long- of more than 8,000 family caregivers who vis- people. Nothing seems to drive them to term care crisis in the United States. ited the caregiverstress.com Web site since distraction like the commonsense re- There are 10 million vulnerable men, 2005. The results demonstrate the impact forms of the Affordable Care Act. They women, and children who need this stress can have on family caregivers and they have no innovative health care ideas of care, and we know that over the next illustrate why it’s important to tap into re- their own. They’re simply nostalgic for decade that number will grow to 15 sources that can provide help or support. the cruel and unfair health care system million. We also know that there are I yield back the balance of my time. that we have finally begun to leave be- grave racial, ethnic, as well as geo- Ms. WOOLSEY. Mr. Chairman, I hind us. graphic disparities that exist across move to strike the last word. So we need to be building on health The Acting CHAIR. The gentlewoman the 10 million Americans with unmet care reform. We do not need to be whit- from California is recognized for 5 min- long-term health care needs. tling away at it. Vote ‘‘no,’’ my col- utes. We also know that long-term health Ms. WOOLSEY. Mr. Chairman, across leagues, on the repeal of the CLASS care burdens family budgets, as well as the United States, anguished families Act. Medicaid programs in the States that are sitting down at their kitchen table. I yield back the balance of my time. administer them across our Nation. They’re reviewing their financial situa- Mrs. CHRISTENSEN. I move to Only about 8 percent of Americans buy tion. Many are trying to figure out how strike the last word. long-term care insurance because the in the world they’re going to afford The Acting CHAIR. The gentlewoman premiums are too expensive in many their personal long-term care needs or from the Virgin Islands is recognized cases for most individuals to afford. that of a loved one or another family for 5 minutes. Despite these facts, and these are in- member. Mrs. CHRISTENSEN. As I come to deed facts, and as we have seen time People who’ve worked hard their the floor today to speak against this and time again, rather than identify whole lives, who are already coping repeal, I cannot help but remember the and support a medically, economically, with a sluggish economy, are being faces of the individuals with disabil- and socially responsible solution to crushed under the weight of long-term ities, individuals with very serious this critically important problem, in care costs, depleting their savings and long-term care needs, sitting through their zeal to attack the Affordable Care sometimes spending themselves into the long markup a couple months ago Act and undermine the provisions that bankruptcy. only to, at the end of the day, see the have already begun to help all of our As we know, Mr. Chairman, long- committee majority vote to repeal the constituents, our friends on the other term care is not covered in most health CLASS Act. If an expression could con- side of the aisle would rather slam that care plans. If you’re already old and vey a thousand words, theirs did that door shut and not continue to work sick, you probably can’t qualify for a day. I know because I had the same ex- with us to find ways to meet this crit- separate long-term care policy; and if pression, and I felt the exact same way: ical need. you can, it’s likely to be insanely ex- disappointed and frustrated, saddened We need to have a plan to ensure ac- pensive. Medicare pays only for the at the very real possibility that they cess to affordable long-term care, and first 100 days of nursing-home care, and and our seniors would be left out in the repealing and dismantling the CLASS Medicaid is only available to the very cold when they are at their most vul- Act with no safeguard or stopgap in poor. But you don’t have to be poor to nerable. place first is definitely not the right be overwhelmed by nursing-home costs I’m sure that they and millions of way to go. that average $72,000 a year. other people with special needs and I, like everyone here, Republican and We can’t forget that we live in an seniors are watching this now, and Democrat, have 10 million reasons to aging society. As our largest genera- they, like all of us here now, know that take a stand and to fight for those who

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cannot fight for themselves, to provide He was assured, of course, by the chair- FINCHER, moved to strike the last word a voice for the voiceless and to remind man at the time of the Health Sub- and was afforded the 5 minutes, as we our colleagues and those watching that committee, Mr. PALLONE, and also the all are, and he yielded to me. this fight cannot be over and that we chairman of the overall committee, I certainly would oppose the gentle- cannot stop until our long-term care Mr. WAXMAN of California, said, Hey, man’s unanimous consent request for crisis is addressed and those who need it’s okay with me. No hearings were you to—I don’t think you have the au- it, as many of us, Republican and Dem- held. thority to do that quite honestly. ocrat will, address it in a manner that So this business of can’t we work this The Acting CHAIR. Objection is meets the high ideals of this country. out, but yet we were reaching out, and heard. Mr. Chairman, I yield back the bal- it never happened. Mr. AL GREEN of Texas. I would ask ance of my time. I yield back to my friend. the Chair for a ruling first as to wheth- Mr. AL GREEN of Texas. I move to Mr. AL GREEN of Texas. If I may reer the Chair has the authority to do it. strike the last word. claim my time. Then, if I am incorrect, let the record The Acting CHAIR. The gentleman is I do welcome comments about the always reflect that I will extend an recognized for 5 minutes. past, my dear friend. apology when I have made a mistake. Mr. AL GREEN of Texas. Mr. Chair- But I’m asking you, given that you So if I have made a mistake, I will do man, when it comes to health care and do have some degree of influence given so; but I do ask that the Chair give a those who need it and can’t afford it, I that you’re in the majority, why can ruling as to whether or not we can have constantly remind myself that but for we not do now what was not done? I’m the unanimous consent request grant- the grace of God, there go I. You don’t not privy to all of what wasn’t done ed. believe in God? But for the grace of and should have been done. But why Ms. NORTON. Mr. Chairman, could I chance and circumstance, but for the can we not do now what wasn’t done? make a parliamentary inquiry? goodness of luck, there go I. Why can we not now work to mend, The Acting CHAIR. The Chair will The question we have to ask our- rather then end, something that can first respond to the inquiry of the gen- selves is what kind of country are we benefit persons who cannot help them- tleman from Texas. going to be? Are we going to be a coun- selves? Why can we not do it now? The time of the gentleman may be try wherein health care becomes What prevents us? extended in the Committee of the wealth care? Where only the wealthy I yield to the gentleman. Whole only by unanimous consent. can afford what is available? The tech- Mr. GINGREY of Georgia. Mr. Chair- Ms. NORTON. Mr. Chairman, could I nology’s available. The pharma- man, the gentleman asked me a spe- make an inquiry at this time? ceuticals are available. But only the cific question, and I want to respond to The Acting CHAIR. Does the gen- wealthy can afford that which is avail- my friend. tleman have a futher inquiry? able in the richest country in the You know, the point I will make to Mr. AL GREEN of Texas. Before I world. him is that we can work together. We leave the podium, if I may, I would like Are we going to be a country wherein absolutely can. to prevail upon my friend whom I am pregnancy is a preexisting condition; if Mr. Chairman, we have discussed this having a colloquy with to show some you are pregnant and you don’t have with Mr. PALLONE. I have done so per- sense of desire to continue this and insurance, you cannot get it? Is that sonally, as I know my physician col- reach some sort of—— the kind of country we are going to be? league on Energy and Commerce, Mr. The Acting CHAIR. The gentleman Are we going to be a country wherein BURGESS, has had a conversation with from Texas will suspend. senior citizens who are in need of phar- Mr. PALLONE. The time of the gentleman from maceuticals cannot get them because Texas has expired. b 1730 they can’t afford them, but if you’re Mr. AL GREEN of Texas. May I ask wealthy, you can. But for the grace of We can work together, but we have for the unanimous consent now, Mr. God, there go I. to remove this failed program first be- Chairman? No one deserves the status in life to cause of that looming deadline of Octo- The Acting CHAIR. The gentleman which he or she is born. Born wealthy? ber 1, 2012, where we’ll get sued if we has requested unanimous consent to You didn’t earn it. Born poor? You don’t have a program. So I’d be glad to extend his time. There has been an ob- don’t deserve it. work with the gentleman. jection to that request. The question is whether we will un- The Acting CHAIR. The time of the Does the gentlewoman from the Dis- derstand that it can happen to any one gentleman has expired. trict of Columbia seek recognition? of us and that we are a country that Mr. AL GREEN of Texas. Mr. Chair- Ms. NORTON. I ask the Chair: Is it can afford to make a difference in the man, I ask that I be extended the cour- true that there will be no more Mem- lives of those who are sick and cannot tesy that the gentleman from Georgia bers heard on this issue after 5:40? take care of themselves. received when he received an addi- Mr. GINGREY of Georgia. Mr. Speak- So the issue today has not been tional 5 minutes. I don’t need an addi- er, I’m going to have to insist on reg- whether we can afford it or whether we tional 5 minutes. I would just like to ular order here. can do it. The question is, do we have continue this dialogue that we have The Acting CHAIR. In answer to the the will? We can find the way. had, and he did receive an additional 5 gentlewoman’s parliamentary inquiry, I would yield to my colleague from minutes earlier. there is a 3-hour time limit for consid- Georgia, whom I have great respect for The Acting CHAIR. Is the gentleman eration of amendments that has not and for whom I hold no animus. I just requesting unanimous consent for an yet been reached. would like to ask you, is it not true, additional 5 minutes? Ms. SCHAKOWSKY. I move to strike my dear friend, that we can work this Mr. AL GREEN of Texas. I ask unani- the last word. out and find a way to get it done? Is it mous consent to continue briefly this The Acting CHAIR. The gentlewoman not true? Can we not find a way to get dialogue with the gentleman. from Illinois is recognized for 5 min- this done? Mr. GINGREY of Georgia. Point of utes. Mr. GINGREY of Georgia. Well, here order, Mr. Chairman. Ms. SCHAKOWSKY. Mr. Chairman, again, when Mr. BARTON, the ranking The Acting CHAIR. The Chair recog- roughly 70 percent of us at some point member of the committee, asked very nizes the gentleman from Georgia. are going to have difficulty taking care specifically, Mr. Chairman, when he Mr. GINGREY of Georgia. In regard of ourselves independently, and we’re asked very specifically in the markup to you yielding an additional 5 minutes going to need some sort of long-term on the House side back in 2009, if I vote to me, in fact, that is not true. care or support. So as the population ‘‘yes’’ for that, will we have hearings Mr. Chairman, as you know, the gen- ages, of course the need for these serv- to—I think it was ‘‘to flesh this out.’’ tleman from Tennessee, Representative ices only increases.

VerDate Sep 11 2014 12:49 Feb 24, 2017 Jkt 019102 PO 00000 Frm 00132 Fmt 0688 Sfmt 0634 E:\BR12\H01FE2.003 H01FE2 rmajette on DSK2TPTVN1PROD with BOUND RECORD February 1, 2012 CONGRESSIONAL RECORD—HOUSE, Vol. 158, Pt. 1 735 I’ve been listening to this debate. On care. Women tend to be ill for longer CLASS crisis if you will, is already the substance, or at least as we iden- periods of time, and women are less here. tify the problem, there is an enormous likely to have a family member to care b 1740 amount of agreement. We all know for them. that the costs associated with long- Over 70 percent of nursing home resi- That crisis, my friends, is long-term term care are very high, that nursing dents and nearly two-thirds of home- care. Who pays for it? We pay for it. homes can cost over $70,000 a year, and care users are women. Because women, We, the taxpayers, because Medicaid that just 20 hours a week of home care far more than men, take on the role of pays for it. They’re coming at an in- costs nearly $20,000 a year. For working caregiver, women are the ones who end creasing clip because the fact is that families, there are few practical op- up staying at home, sometimes giving the number of Americans who are liv- tions in order to plan and pay for long- up careers to provide care for a sick or ing longer, who don’t have the re- term care and support services. Only disabled family member, adults and sources themselves, grows exponen- about 3 percent have a private policy children alike. Indeed, women make up tially. Government is now paying 100 covering long-term care while the ma- three-fourths of the home-care work- percent. jority is forced to spend its way into force. Let’s look at the CLASS Act. That is poverty to qualify for the Medicare CLASS would help make these chal- a 100 percent privately financed plan. It safety net coverage of those costs. lenges easier. It would help provide the means that we should all, not wait for We know this. We all agree on this. care women may require if and when long-term care to be needed when we What the CLASS Act did was to ad- they need long-term care or supports would have to ask the government, dress a number of critical needs, infor themselves. It would help provide through Medicaid, to pay for nursing cluding providing a way for persons relief or a break, if you will, for those home care. We should begin now to with disabilities to remain independent women who spend all day every day at take care of our own long-term needs. and in their communities by bringing home taking care of others in need of What are you going to do if we don’t private dollars into the long-term care long-term care. have the CLASS Act—pass off the el- services system in order to reduce the To take away this program is to take derly who are in the nursing homes? To reliance on Medicaid without impover- away the first real opportunity that where? To whom? ishing individuals and their families. the women of this country have to deal Clearly, the CLASS Act is the only Mr. Chair, here is how: if a person with the long-term care challenges solution, unless you want the Federal must go into a nursing home—and they face day in and day out both as Government to continue to pick up the those are the potential long-term peo- patients and as caregivers. Like so loss for those who need long-term care, ple, Americans—if such Americans many other Republican assaults on the and that is what people in nursing must go into a nursing home, first they Affordable Care Act, H.R. 1173 is, in homes are there for. Only 8 percent of spend down their resources, and then fact, an attack on women and women’s Americans buy long-term care insur- they go into a nursing home at a cost health. ance. of about $80,000 a year. Like all those other assaults, we I bought long-term care insurance, We all agree that the CLASS Act is should push back and reject this one. and then I was a little concerned to far from perfect, but it provides a be- CLASS is just one of the many ad- read that people who have bought long- ginning framework to begin to deal vancements for women’s health that is term care insurance find they are not with the problem. included in the Affordable Care Act. As going to get what they thought they I got a letter from Jonathan Lavin, you have heard many times today, let’s paid for. CEO of AgeOptions in Oak Brook, Illi- fix it, not repeal it, so it can work for I think this House ought to be having nois, a service provider. He emailed women and all Americans as intended. hearings on what is out there now if we me, actually, to say: Instead of passing H.R. 1173 and re- want to encourage people to buy their Please do not vote to repeal the CLASS pealing the CLASS Act with no effec- own long-term care insurance. We are Act. Such a vote will reverse the hope of mil- tive alternative in place, we can and doing none of that. We are not encour- lions of Americans that one day they may should work together to repair this aging people to do what the CLASS Act collectively insure themselves for the even- would encourage them to do. Instead, tuality of a debilitating disability. When we program. Ignoring the long-term care see a young former Congresswoman gunned crisis won’t make it go away. we are saying repeal this private sector down and a healthy vibrant Illinois Senator I yield back the balance of my time. solution. struck by a stroke, we realize that any of us Ms. NORTON. Mr. Chair, I move to That makes no sense, because when may suffer from a disability. strike the last word. the crisis comes, the elderly are going A broad-based, effective insurance program The Acting CHAIR. The gentlewoman to come to us. They are going to say will assist those who face such life-altering from the District of Columbia is recog- they have no long-term care; they want challenges. We understand why the CLASS nized for 5 minutes. what the last generation had. You Act is delayed in implementation since the economic situation is so dire, but we cannot Ms. NORTON. Mr. Speaker, we have spend down your resources and then understand deliberately acting to eliminate here one for the books. The Democrats Medicaid picks it up. That’s the solu- the potential for such legislation to do so offer a 100 percent private-sector solution on the table now. If you want a much good after the economy recovers. tion to the most costly health care cri- private solution, this is golden. It is in Every American faces the reality sis affecting the American people, and law. that an accident or illness requiring Republicans want to repeal it. This is We should grab it, keep it, have hear- long-term care could devastate them going to go down in history. ings on it. How can we make it fea- financially. The Obama administration is a vic- sible? Thank the administration for de- While this issue affects everyone, I tim of its own honesty. It, in good ciding not to implement it. They had want to focus on the importance of the faith, put the CLASS Act into the an alternative. They could have al- CLASS Act for women in this country. health care bill knowing that we can’t lowed it to lie dormant, gone on with Long-term care is very much a wom- do without it. Then the administration the rest of the health care bill. Instead, en’s health issue. Women live longer looked carefully at the cost factors, they told the truth. than men. Their life expectancy ex- and it did the right thing. It informed Now we are here trying to repeal it, ceeds those of men by some 5 years. Be- the Congress that it was suspending knowing full well that when the crisis cause they live longer, women are at implementation of the CLASS Act. It is upon us, we will never be able to put greater risk of needing long-term care certainly did not repeal it or ask for its forward a private, 100 percent private services to help them when they be- repeal, nor should we. Here is why: the solution because it will be too late. come disabled or too sick or frail to Medicare crisis before us, as I speak, is Take this for what it’s worth. You care for themselves. Women tend to dwarfed by the long-term care crisis. have a bird in hand. need more resources for long-term We know it because that crisis, the I yield back the balance of my time.

VerDate Sep 11 2014 12:49 Feb 24, 2017 Jkt 019102 PO 00000 Frm 00133 Fmt 0688 Sfmt 0634 E:\BR12\H01FE2.003 H01FE2 rmajette on DSK2TPTVN1PROD with BOUND RECORD 736 CONGRESSIONAL RECORD—HOUSE, Vol. 158, Pt. 1 February 1, 2012 Mr. PITTS. Mr. Chairman, I move to The Clerk redesignated the amend- Duncan (SC) Kinzinger (IL) Renacci strike the last word. ment. Duncan (TN) Kline Ribble Ellmers Labrador Rigell The Acting CHAIR. The gentleman RECORDED VOTE Emerson Lamborn Rivera from Pennsylvania is recognized for 5 The Acting CHAIR. A recorded vote Eshoo Lance Roby Farenthold Landry Roe (TN) minutes. has been demanded. Mr. PITTS. Mr. Chairman, to sum- Farr Lankford Rogers (AL) A recorded vote was ordered. Fincher Latham Rogers (KY) marize briefly, first of all, there is no Fitzpatrick Latta The vote was taken by electronic de- Rogers (MI) CLASS program. The gentlelady was Flake Lewis (CA) Rokita vice, and there were—ayes 161, noes 263, Fleischmann Lipinski right; this is a woman issue. Women Rooney Fleming LoBiondo not voting 8, as follows: Ros-Lehtinen have been promised something that Flores Lofgren, Zoe Roskam they’ll never get with the CLASS Act. [Roll No. 13] Forbes Long Ross (AR) Zero people will be enrolled in the AYES—161 Fortenberry Lucas Foxx Luetkemeyer Ross (FL) CLASS Act. They have a program that Ackerman Gutierrez Pastor (AZ) Franks (AZ) Lummis Royce doesn’t work, they know it won’t work, Altmire Hahn Payne Frelinghuysen Lungren, Daniel Runyan and it’s a false sense of hope to say Andrews Hanabusa Pelosi Gallegly E. Ryan (WI) Baca Hastings (FL) Scalise that it will. Peters Gardner Manzullo Baldwin Heinrich Pingree (ME) Garrett Marchant Schilling HHS studied for 18 months eight dif- Bass (CA) Higgins Polis Gerlach Marino Schmidt ferent scenarios to fix the CLASS Act Becerra Hinojosa Price (NC) Gibbs Matheson Schock from $391 a month premium to $3,000 a Berman Hirono Quigley Gibson McCarthy (CA) Schrader Bishop (GA) Hochul Schweikert month premium. They concluded the Rahall Gingrey (GA) McCarthy (NY) Bishop (NY) Holden Rangel Gohmert McCaul Scott (SC) same result: The CLASS Act is not fix- Blumenauer Holt Reyes Goodlatte McClintock Scott, Austin able. Short of a mandate, there’s no Boswell Honda Richardson Gosar McCotter Sensenbrenner Brady (PA) Hoyer Richmond Gowdy McHenry Sessions way to fix the CLASS Act. Brown (FL) Inslee Now, our friends on the other side Rothman (NJ) Granger McIntyre Shimkus Butterfield Israel Ruppersberger Graves (GA) McKeon Shuler Capps Jackson (IL) have had several opportunities to offer Rush Graves (MO) McKinley Shuster Capuano Jackson Lee amendments to fix the CLASS Act. Ryan (OH) Griffin (AR) McMorris Simpson Carnahan (TX) Sa´ nchez, Linda Griffith (VA) Rodgers Smith (NE) First of all, H.R. 1173 was marked up in Carney Johnson (GA) T. Grimm Meehan Smith (TX) the Energy and Commerce Health Sub- Chu Johnson, E. B. Sanchez, Loretta Guinta Mica Southerland Cicilline Kaptur committee, and they didn’t offer an Sarbanes Guthrie Miller (FL) Speier Clarke (MI) Keating Schakowsky Hall Miller (MI) Stearns amendment. At full committee, the Clarke (NY) Kildee Hanna Miller, Gary Stivers Democrats didn’t offer a comprehen- Clay Kissell Schiff Harper Mulvaney Stutzman Cleaver Kucinich Schwartz sive plan to fix the program. And now, Harris Murphy (CT) Sullivan Clyburn Langevin Scott (VA) with nearly 4 hours of debate, still no Scott, David Hartzler Murphy (PA) Terry Cohen Larsen (WA) Hastings (WA) Myrick amendments to fix the program. With- Connolly (VA) Larson (CT) Serrano Thompson (PA) Sewell Hayworth Neugebauer Thornberry out a mandate, there’s no way to fix it. Conyers Lee (CA) Heck Noem Sherman Tiberi Cooper Levin Hensarling Nugent Mr. Chairman, we must get this pro- Sires Tipton Costello Lewis (GA) Herger Nunes gram off the books and start over. It Slaughter Turner (NY) Courtney Loebsack Herrera Beutler Nunnelee Smith (NJ) Turner (OH) was wrong when it was passed. It’s sim- Critz Lowey Himes Olson Smith (WA) Upton ply a liability in our budget, and the Crowley Luja´ n Huelskamp Palazzo Stark Cuellar Lynch Huizenga (MI) Paulsen Walberg American taxpayers who would reject Sutton Cummings Maloney Hultgren Pearce Walden any further attempt by the Federal Thompson (CA) Davis (IL) Markey Hunter Pence Walsh (IL) Thompson (MS) Government to require something upon DeGette Matsui Hurt Perlmutter Webster Tierney them, that is another mandate. DeLauro McCollum Issa Peterson West Tonko I urge a vote for H.R. 1173 to repeal Deutch McDermott Jenkins Petri Westmoreland Dicks McGovern Towns Whitfield this CLASS Act. Let’s start over again. Johnson (IL) Pitts Dingell McNerney Tsongas Johnson (OH) Platts Wilson (SC) I yield back the balance of my time. Doggett Meeks Van Hollen Johnson, Sam Poe (TX) Wittman Vela´ zquez ANNOUNCEMENT BY THE ACTING CHAIR Doyle Michaud Jones Pompeo Wolf Edwards Miller (NC) Visclosky The Acting CHAIR. Pursuant to Jordan Posey Womack Ellison Miller, George Walz (MN) Kelly Price (GA) Woodall clause 6 of rule XVIII, proceedings will Engel Moore Wasserman Kind Quayle Yoder now resume on those amendments Fattah Moran Schultz King (IA) Reed Young (AK) Frank (MA) Nadler Waters printed in the CONGRESSIONAL RECORD King (NY) Rehberg Young (FL) Fudge Napolitano Watt Kingston Reichert Young (IN) on which further proceedings were Garamendi Neal Waxman postponed, in the following order: Gonzalez Olver Welch NOT VOTING—8 Amendment No. 2 by Ms. JACKSON Green, Al Owens Wilson (FL) Carson (IN) LaTourette Rohrabacher Green, Gene Pallone Woolsey LEE of Texas. Filner Mack Roybal-Allard Grijalva Pascrell Yarmuth Hinchey Paul Amendment No. 1 by Ms. JACKSON LEE of Texas. NOES—263 b 1815 Amendment No. 4 by Mr. DEUTCH of Adams Bonner Chabot Messrs. POMPEO, LANDRY, POSEY, Florida. Aderholt Bono Mack Chaffetz Akin Boren Chandler WILSON of South Carolina, MURPHY Amendment No. 5 by Mr. DEUTCH of Alexander Boustany Coble of Pennsylvania, CALVERT, ROKITA, Florida. Amash Brady (TX) Coffman (CO) BURGESS, Ms. BERKLEY, and Ms. The Chair will reduce to 2 minutes Amodei Braley (IA) Cole Austria Brooks Conaway SPEIER changed their vote from ‘‘aye’’ the minimum time for any electronic Bachmann Broun (GA) Costa to ‘‘no.’’ vote after the first vote in this series. Bachus Buchanan Cravaack Messrs. COOPER, CARNEY, OWENS, AMENDMENT NO. 2 OFFERED BY MS. JACKSON Barletta Bucshon Crawford and Ms. HOCHUL changed their vote LEE OF TEXAS Barrow Buerkle Crenshaw Bartlett Burgess Culberson from ‘‘no’’ to ‘‘aye.’’ The Acting CHAIR. The unfinished Barton (TX) Burton (IN) Davis (CA) So the amendment was rejected. business is the demand for a recorded Bass (NH) Calvert Davis (KY) The result of the vote was announced vote on the amendment offered by the Benishek Camp DeFazio as above recorded. Berg Campbell Denham gentlewoman from Texas (Ms. JACKSON Berkley Canseco Dent Stated for: LEE) on which further proceedings were Biggert Cantor DesJarlais Mr. FILNER. Mr. Chair, on rollcall 13, I was postponed and on which the noes pre- Bilbray Capito Diaz-Balart away from the Capitol due to prior commit- vailed by voice vote. Bilirakis Cardoza Dold Bishop (UT) Carter Donnelly (IN) ments to my constituents. Had I been present, The Clerk will redesignate the Black Cassidy Dreier I would have voted ‘‘aye.’’ amendment. Blackburn Castor (FL) Duffy Stated against:

VerDate Sep 11 2014 12:49 Feb 24, 2017 Jkt 019102 PO 00000 Frm 00134 Fmt 0688 Sfmt 0634 E:\BR12\H01FE2.003 H01FE2 rmajette on DSK2TPTVN1PROD with BOUND RECORD February 1, 2012 CONGRESSIONAL RECORD—HOUSE, Vol. 158, Pt. 1 737 Mr. SMITH of New Jersey. Mr. Chair, on Bartlett Gowdy Nugent b 1819 Barton (TX) Granger Nunes rollcall No. 13, I inadvertently voted ‘‘yes’’ Bass (NH) Graves (GA) Nunnelee So the amendment was rejected. when I intended to vote ‘‘no.’’ Benishek Graves (MO) Olson The result of the vote was announced AMENDMENT NO. 1 OFFERED BY MS. JACKSON Berg Green, Gene Owens Berkley Griffin (AR) as above recorded. LEE OF TEXAS Palazzo Biggert Griffith (VA) Paulsen Stated for: The Acting CHAIR. The unfinished Bilbray Grimm Pearce Mr. FILNER. Mr. Chair, on rollcall 14, I was business is the demand for a recorded Bilirakis Guinta Pence away from the Capitol due to prior commit- vote on the amendment offered by the Bishop (NY) Guthrie Perlmutter Bishop (UT) Hall Peterson ments to my constituents. Had I been present, ACKSON gentlewoman from Texas (Ms. J Black Hanna Petri I would have voted ‘‘aye.’’ LEE) on which further proceedings were Blackburn Harper Pitts AMENDMENT NO. 4 OFFERED BY MR. DEUTCH postponed and on which the noes pre- Bonner Harris Platts The Acting CHAIR. The unfinished vailed by voice vote. Bono Mack Hartzler Poe (TX) Boren Hastings (WA) Pompeo business is the demand for a recorded The Clerk will redesignate the Boustany Hayworth Posey vote on the amendment offered by the amendment. Brady (TX) Heck Price (GA) gentleman from Florida (Mr. DEUTCH) The Clerk redesignated the amend- Brooks Hensarling Quayle Broun (GA) Herger on which further proceedings were ment. Reed Buchanan Herrera Beutler Rehberg postponed and on which the noes pre- RECORDED VOTE Bucshon Himes Reichert vailed by voice vote. Buerkle Hochul Renacci The Acting CHAIR. A recorded vote Burgess Huelskamp The Clerk will redesignate the has been demanded. Ribble Burton (IN) Huizenga (MI) Rigell amendment. A recorded vote was ordered. Calvert Hultgren Rivera The Clerk redesignated the amend- The Acting CHAIR. This will be a 2- Camp Hunter Roby Campbell Hurt ment. minute vote. Roe (TN) Canseco Jenkins Rogers (AL) RECORDED VOTE The vote was taken by electronic de- Cantor Johnson (IL) Rogers (KY) Capito Johnson (OH) The Acting CHAIR. A recorded vote vice, and there were—ayes 157, noes 264, Rogers (MI) Cardoza Johnson, Sam Rohrabacher has been demanded. not voting 11, as follows: Carney Jones Rokita A recorded vote was ordered. [Roll No. 14] Carter Jordan Rooney Cassidy Kelly The Acting CHAIR. This will be a 2- AYES—157 Ros-Lehtinen Chabot Kind minute vote. Roskam Ackerman Hahn Peters Chaffetz King (IA) Ross (AR) The vote was taken by electronic de- Andrews Hanabusa Pingree (ME) Chandler King (NY) Ross (FL) vice, and there were—ayes 164, noes 260, Baca Hastings (FL) Polis Cleaver Kingston Runyan Baldwin Heinrich Price (NC) Coble Kinzinger (IL) not voting 8, as follows: Ryan (WI) Bass (CA) Higgins Quigley Coffman (CO) Kline Scalise [Roll No. 15] Becerra Hinojosa Rahall Cole Labrador Schilling AYES—164 Berman Hirono Rangel Conaway Lamborn Schmidt Bishop (GA) Holden Reyes Cooper Lance Ackerman Gonzalez Nadler Schock Blumenauer Holt Richardson Costa Landry Altmire Green, Al Napolitano Boswell Honda Cravaack Lankford Schweikert Andrews Green, Gene Neal Richmond Scott (SC) Brady (PA) Hoyer Crawford Larsen (WA) Baca Grijalva Olver Rothman (NJ) Scott, Austin Braley (IA) Inslee Crenshaw Latham Baldwin Gutierrez Pallone Ruppersberger Sensenbrenner Brown (FL) Israel Cuellar LaTourette Bass (CA) Hahn Pascrell Rush Sessions Butterfield Jackson (IL) Culberson Latta Becerra Hanabusa Pastor (AZ) Ryan (OH) Shimkus Capps Jackson Lee Davis (CA) Lewis (CA) Berman Hastings (FL) Payne Sa´ nchez, Linda Shuler Capuano (TX) Davis (KY) Lipinski Bishop (GA) Heinrich Pelosi T. Shuster Carnahan Johnson (GA) Denham LoBiondo Blumenauer Higgins Perlmutter Castor (FL) Johnson, E. B. Sanchez, Loretta Simpson Dent Long Boswell Hinojosa Peters Chu Kaptur Sarbanes Smith (NE) DesJarlais Lucas Brady (PA) Hirono Pingree (ME) Cicilline Keating Schakowsky Smith (NJ) Diaz-Balart Luetkemeyer Braley (IA) Holden Polis Clarke (MI) Kildee Schiff Smith (TX) Dold Lummis Brown (FL) Holt Price (NC) Clarke (NY) Kissell Schrader Southerland Donnelly (IN) Lungren, Daniel Butterfield Honda Quigley Clay Kucinich Schwartz Dreier Stearns Capps Hoyer E. Rahall Clyburn Langevin Scott (VA) Duffy Lynch Stivers Capuano Inslee Rangel Cohen Larson (CT) Scott, David Duncan (SC) Manzullo Stutzman Cardoza Israel Reyes Connolly (VA) Lee (CA) Serrano Duncan (TN) Marchant Terry Carnahan Jackson (IL) Richardson Conyers Levin Sewell Ellmers Marino Thompson (PA) Castor (FL) Jackson Lee Richmond Costello Lewis (GA) Sherman Emerson Matheson Thornberry Chu (TX) Rothman (NJ) Courtney Loebsack Sires Farenthold McCarthy (CA) Tiberi Cicilline Johnson (GA) Ruppersberger Critz Lofgren, Zoe Slaughter Fincher McCaul Tipton Clarke (MI) Johnson, E. B. Rush Crowley Lowey Smith (WA) Fitzpatrick McClintock Turner (NY) Clarke (NY) Kaptur Ryan (OH) Cummings Luja´ n Speier Flake McCotter Turner (OH) Clay Keating Sa´ nchez, Linda Davis (IL) Maloney Stark Fleischmann McHenry Upton Cleaver Kildee T. DeFazio Markey Sutton Fleming McIntyre Walberg Clyburn Kissell DeGette Matsui Forbes McKeon Walden Cohen Kucinich Sanchez, Loretta Thompson (CA) Sarbanes DeLauro McCarthy (NY) Thompson (MS) Fortenberry McKinley Walsh (IL) Connolly (VA) Langevin Deutch McCollum Schakowsky Tierney Foxx McMorris Webster Conyers Larsen (WA) Dicks McDermott Schiff Tonko Franks (AZ) Rodgers West Costello Larson (CT) Dingell McGovern Schwartz Towns Frelinghuysen Meehan Westmoreland Courtney Lee (CA) Doggett McNerney Gallegly Mica Whitfield Critz Levin Scott (VA) Tsongas Doyle Meeks Gardner Miller (FL) Wilson (SC) Crowley Lewis (GA) Scott, David Van Hollen Edwards Michaud Garrett Miller (MI) Wittman Cummings Loebsack Serrano Vela´ zquez Ellison Miller (NC) Gerlach Miller, Gary Wolf Davis (CA) Lofgren, Zoe Sewell Visclosky Engel Miller, George Gibbs Mulvaney Womack Davis (IL) Lowey Sherman Eshoo Moore Walz (MN) Gibson Murphy (CT) Woodall DeGette Luja´ n Sires Farr Moran Wasserman Gingrey (GA) Murphy (PA) Yoder DeLauro Lynch Slaughter Fattah Nadler Schultz Gohmert Myrick Young (AK) Deutch Maloney Smith (WA) Frank (MA) Napolitano Waters Goodlatte Neugebauer Young (FL) Dicks Markey Speier Fudge Neal Watt Gosar Noem Young (IN) Dingell Matsui Stark Garamendi Olver Waxman Doggett McCarthy (NY) Sutton Gonzalez Pallone Welch NOT VOTING—11 Doyle McCollum Thompson (CA) Wilson (FL) Green, Al Pascrell Carson (IN) Issa Roybal-Allard Edwards McDermott Thompson (MS) Grijalva Pastor (AZ) Woolsey Tierney Filner Mack Royce Ellison McGovern Gutierrez Payne Yarmuth Tonko Flores Paul Sullivan Engel McNerney Hinchey Pelosi Eshoo Meeks Towns NOES—264 Farr Michaud Tsongas Adams Altmire Bachmann ANNOUNCEMENT BY THE ACTING CHAIR Fattah Miller (NC) Van Hollen Aderholt Amash Bachus Frank (MA) Miller, George Vela´ zquez Akin Amodei Barletta The Acting CHAIR (during the vote). Fudge Moore Visclosky Alexander Austria Barrow There is 1 minute remaining. Garamendi Moran Walz (MN)

VerDate Sep 11 2014 12:49 Feb 24, 2017 Jkt 019102 PO 00000 Frm 00135 Fmt 0688 Sfmt 0634 E:\BR12\H01FE2.003 H01FE2 rmajette on DSK2TPTVN1PROD with BOUND RECORD 738 CONGRESSIONAL RECORD—HOUSE, Vol. 158, Pt. 1 February 1, 2012 Wasserman Watt Wilson (FL) NOT VOTING—8 Sa´ nchez, Linda Slaughter Visclosky Schultz Waxman Woolsey T. Smith (WA) Walz (MN) Carson (IN) Hinchey Paul Waters Welch Yarmuth Sanchez, Loretta Speier Wasserman Filner LaTourette Roybal-Allard Sarbanes Stark Franks (AZ) Mack Schultz NOES—260 Schakowsky Sutton Waters Schiff Thompson (CA) Watt Adams Gibbs Nugent b 1824 Schwartz Thompson (MS) Waxman Aderholt Gibson Nunes Scott (VA) Tierney Welch Akin Gingrey (GA) Nunnelee So the amendment was rejected. Scott, David Tonko Wilson (FL) Alexander Gohmert Olson The result of the vote was announced Serrano Towns Woolsey Amash Goodlatte Owens as above recorded. Sewell Tsongas Yarmuth Amodei Gosar Palazzo Stated for: Sherman Van Hollen Austria Gowdy Paulsen Sires Vela´ zquez Bachmann Granger Pearce Mr. FILNER. Mr. Chair, on rollcall 15, I was Bachus Graves (GA) Pence away from the Capitol due to prior commit- NOES—264 Barletta Graves (MO) Peterson ments to my constituents. Had I been present, Barrow Griffin (AR) Petri Adams Foxx McClintock Bartlett Griffith (VA) Pitts I would have voted ‘‘aye.’’ Aderholt Franks (AZ) McCotter Akin Frelinghuysen McHenry Barton (TX) Grimm Platts Stated against: Alexander Gallegly McIntyre Bass (NH) Guinta Poe (TX) Mr. FRANKS of Arizona. Mr. Chair, on roll- Amash Gardner McKeon Benishek Guthrie Pompeo call No. 15, I was unavoidably detained. Had Amodei Garrett McKinley Berg Hall Posey Berkley Hanna I been present, I would have voted ‘‘no.’’ Austria Gerlach McMorris Price (GA) Biggert Harper Bachmann Gibbs Rodgers Quayle AMENDMENT NO. 5 OFFERED BY MR. DEUTCH Bilbray Harris Bachus Gibson Meehan Reed Bilirakis Hartzler The Acting CHAIR. The unfinished Barletta Gingrey (GA) Mica Rehberg Bishop (NY) Hastings (WA) business is the demand for a recorded Barrow Gohmert Miller (FL) Reichert Bishop (UT) Hayworth Bartlett Goodlatte Miller (MI) Renacci vote on the amendment offered by the Barton (TX) Gosar Miller, Gary Black Heck gentleman from Florida (Mr. DEUTCH) Blackburn Hensarling Ribble Bass (NH) Gowdy Mulvaney Benishek Granger Murphy (CT) Bonner Herger Rigell on which further proceedings were Berg Graves (GA) Murphy (PA) Bono Mack Herrera Beutler Rivera postponed and on which the noes pre- Berkley Graves (MO) Myrick Boren Himes Roby vailed by voice vote. Biggert Griffin (AR) Neugebauer Boustany Hochul Roe (TN) The Clerk will redesignate the Bilbray Griffith (VA) Noem Brady (TX) Huelskamp Rogers (AL) Bilirakis Grimm Nugent Brooks Huizenga (MI) Rogers (KY) amendment. Rogers (MI) Bishop (UT) Guinta Nunes Broun (GA) Hultgren The Clerk redesignated the amend- Black Guthrie Nunnelee Rohrabacher Buchanan Hunter ment. Blackburn Hall Olson Bucshon Hurt Rokita RECORDED VOTE Bonner Hanna Owens Buerkle Issa Rooney Bono Mack Harper Palazzo Burgess Jenkins Ros-Lehtinen The Acting CHAIR. A recorded vote Boren Harris Paulsen Burton (IN) Johnson (IL) Roskam has been demanded. Boustany Hartzler Pearce Calvert Johnson (OH) Ross (AR) A recorded vote was ordered. Brady (TX) Hastings (WA) Pence Camp Johnson, Sam Ross (FL) Brooks Hayworth Perlmutter Campbell Jones Royce The Acting CHAIR. This will be a 2- Broun (GA) Heck Peterson Canseco Jordan Runyan minute vote. Buchanan Hensarling Petri Cantor Kelly Ryan (WI) The vote was taken by electronic de- Bucshon Herger Pitts Capito Kind Scalise vice, and there were—ayes 160, noes 264, Buerkle Herrera Beutler Platts Carney King (IA) Schilling Burgess Himes Poe (TX) Carter King (NY) Schmidt not voting 8, as follows: Burton (IN) Hochul Pompeo Cassidy Kingston Schock [Roll No. 16] Calvert Hoyer Posey Camp Huelskamp Price (GA) Chabot Kinzinger (IL) Schrader AYES—160 Chaffetz Kline Schweikert Campbell Huizenga (MI) Quayle Chandler Labrador Scott (SC) Ackerman Dicks Lewis (GA) Canseco Hultgren Reed Coble Lamborn Scott, Austin Altmire Dingell Loebsack Cantor Hunter Rehberg Coffman (CO) Lance Sensenbrenner Andrews Doggett Lofgren, Zoe Capito Hurt Reichert Baca Doyle Lowey Carney Issa Renacci Cole Landry Sessions Baldwin Edwards Luja´ n Carter Jenkins Ribble Conaway Lankford Shimkus Bass (CA) Ellison Maloney Cassidy Johnson (IL) Rigell Cooper Latham Shuler Becerra Engel Markey Chabot Johnson (OH) Rivera Costa Latta Shuster Cravaack Lewis (CA) Berman Eshoo Matsui Chaffetz Johnson, Sam Roby Simpson Bishop (GA) Farr McCarthy (NY) Chandler Jones Roe (TN) Crawford Lipinski Smith (NE) Crenshaw LoBiondo Bishop (NY) Fattah McCollum Coble Jordan Rogers (AL) Smith (NJ) Blumenauer Frank (MA) McDermott Coffman (CO) Kelly Rogers (KY) Cuellar Long Smith (TX) Culberson Lucas Boswell Fudge McGovern Cole Kind Rogers (MI) Southerland Brady (PA) Garamendi McNerney Conaway King (IA) Rohrabacher Davis (KY) Luetkemeyer Stearns Braley (IA) Green, Al Meeks Cooper King (NY) Rokita DeFazio Lummis Stivers Brown (FL) Green, Gene Michaud Costa Kingston Rooney Denham Lungren, Daniel Stutzman Butterfield Grijalva Miller (NC) Cravaack Kinzinger (IL) Ros-Lehtinen Dent E. Sullivan Capps Hahn Miller, George Crawford Kline Roskam DesJarlais Manzullo Terry Capuano Hanabusa Moore Crenshaw Labrador Ross (AR) Diaz-Balart Marchant Thompson (PA) Cardoza Hastings (FL) Moran Culberson Lamborn Ross (FL) Dold Marino Thornberry Carnahan Heinrich Nadler Davis (KY) Lance Royce Donnelly (IN) Matheson Tiberi Castor (FL) Higgins Napolitano DeFazio Landry Runyan Dreier McCarthy (CA) Tipton Chu Hinojosa Neal Denham Lankford Ryan (WI) Duffy McCaul Turner (NY) Cicilline Hirono Olver Dent Larsen (WA) Scalise Duncan (SC) McClintock Turner (OH) Clarke (MI) Holden Pallone DesJarlais Latham Schilling Duncan (TN) McCotter Upton Clarke (NY) Holt Pascrell Diaz-Balart LaTourette Schmidt Ellmers McHenry Walberg Clay Honda Pastor (AZ) Dold Latta Schock Emerson McIntyre Walden Cleaver Inslee Payne Donnelly (IN) Lewis (CA) Schrader Farenthold McKeon Clyburn Israel Pelosi Dreier Lipinski Schweikert Walsh (IL) Fincher McKinley Cohen Jackson (IL) Peters Duffy LoBiondo Scott (SC) Webster Fitzpatrick McMorris Connolly (VA) Jackson Lee Pingree (ME) Duncan (SC) Long Scott, Austin West Flake Rodgers Conyers (TX) Polis Duncan (TN) Lucas Sensenbrenner Westmoreland Fleischmann Meehan Costello Johnson (GA) Price (NC) Ellmers Luetkemeyer Sessions Fleming Mica Whitfield Courtney Johnson, E. B. Quigley Emerson Lummis Shimkus Flores Miller (FL) Wilson (SC) Critz Kaptur Rahall Farenthold Lungren, Daniel Shuler Forbes Miller (MI) Wittman Crowley Keating Rangel Fincher E. Shuster Fortenberry Miller, Gary Wolf Cuellar Kildee Reyes Fitzpatrick Lynch Simpson Foxx Mulvaney Womack Cummings Kissell Richardson Flake Manzullo Smith (NE) Frelinghuysen Murphy (CT) Woodall Davis (CA) Kucinich Richmond Fleischmann Marchant Smith (NJ) Gallegly Murphy (PA) Yoder Davis (IL) Langevin Rothman (NJ) Fleming Marino Smith (TX) Gardner Myrick Young (AK) DeGette Larson (CT) Ruppersberger Flores Matheson Southerland Garrett Neugebauer Young (FL) DeLauro Lee (CA) Rush Forbes McCarthy (CA) Stearns Gerlach Noem Young (IN) Deutch Levin Ryan (OH) Fortenberry McCaul Stivers

VerDate Sep 11 2014 12:49 Feb 24, 2017 Jkt 019102 PO 00000 Frm 00136 Fmt 0688 Sfmt 0634 E:\BR12\H01FE2.003 H01FE2 rmajette on DSK2TPTVN1PROD with BOUND RECORD February 1, 2012 CONGRESSIONAL RECORD—HOUSE, Vol. 158, Pt. 1 739 Stutzman Upton Wittman Health and Human Services certifies that a I happen to know that all of the long- Sullivan Walberg Wolf national voluntary insurance program is in term insurance programs out there Terry Walden Womack effect for purchasing community living as- Thompson (PA) Walsh (IL) have failed to work because they are Woodall sistance services and supports for individuals Thornberry Webster narrow, because they’ve been unable to Yoder who— Tiberi West Young (AK) reach across the broad spectrum of Tipton Westmoreland (1) have— Young (FL) America to provide a broad base of Turner (NY) Whitfield Young (IN) (A) Alzheimer’s disease or other cognitive Turner (OH) Wilson (SC) impairment; risk. You need a very, very large pool NOT VOTING—8 (B) chronic diabetes, heart disease, or ad- to deal with this very large and very vanced stages of cancer; expensive problem. Carson (IN) Gutierrez Paul (C) a disability or traumatic injury; or Filner Hinchey Roybal-Allard If my amendment is adopted, we will Gonzalez Mack (D) any other serious disease or health con- be able to go forward and to repair the dition; and b 1829 (2) require assistance with two or more ac- CLASS Act into a voluntary insurance program that would involve the entire So the amendment was rejected. tivities of daily living (such as eating, bath- The result of the vote was announced ing, dressing, and toileting). Nation and thereby provide a premium as above recorded. (b) EXCEPTION.—Notwithstanding sub- that is affordable. The present pro- section (a), section 2(b)(3)(B) shall take ef- grams do not. Stated for: fect upon the enactment of this Act. Mr. FILNER. Mr. Chair, on rollcall 16, I was As we know from the CLASS Act away from the Capitol due to prior commit- The SPEAKER pro tempore. The gen- itself and the work done by the Depart- ments to my constituents. Had I been present, tleman from California is recognized ment of Health and Human Services, it I would have voted ‘‘aye.’’ for 5 minutes. too is flawed. But the problem remains. The Acting CHAIR (Mr. DOLD). The Mr. GARAMENDI. Mr. Speaker, I The problem has not disappeared. It is question is on the committee amend- want all Members to pause for a mo- in fact in every one of our families and, ment in the nature of a substitute. ment and think about your family, quite possibly, with us as individuals. The amendment was agreed to. think about your community, and the We need a solution. Whether you’re a The Acting CHAIR. Under the rule, people you represent. I want you to put Democrat or a Republican, we have to the Committee rises. in your mind Alzheimer’s and the ef- find a solution to this problem because Accordingly, the Committee rose; fect that it has on the individuals and now it falls back. When all other re- and the Speaker pro tempore (Mr. families. Now are you envisioning the sources are gone for the individual and YODER) having assumed the chair, Mr. effect of Alzheimer’s, not only on the the family, it falls back onto the gen- DOLD, Acting Chair of the Committee individual but on the family? eral fund of the State and the Federal of the Whole House on the state of the I want you to put in your mind that Government. Not a good solution at Union, reported that that Committee, terrible auto accident that left that all. having had under consideration the bill young child totally disabled. I want So I ask for your support on this. If (H.R. 1173) to repeal the CLASS Pro- you to put in your mind the diabetic, you adopt this amendment, we will im- gram, and, pursuant to House Resolu- think about the diabetic, long-term di- mediately vote on the CLASS Act tion 522, reported the bill back to the abetes, and the effect that it has. itself, and it will be repealed, but not House with an amendment adopted in Now, the point of my amendment is real. It will be maintained as we work the Committee of the Whole. not to kill this bill but rather to forward towards a solution. That’s our The SPEAKER pro tempore. Under amend it in such a way that it can be task here. That’s our task as Members the rule, the previous question is or- taken up on the floor with all of us of Congress. Find solutions for the real dered. supporting this. problems that face every American. Long-term care is a major challenge The question is on the committee Mr. Speaker, I yield back the balance for families, for individuals, and for amendment in the nature of a sub- of my time. stitute. this Nation. Today 5.4 million Ameri- Mr. GINGREY of Georgia. Mr. Speak- The amendment was agreed to. cans have Alzheimer’s, and at the end The SPEAKER pro tempore. The of this decade, it’s expected to double, er, I claim the time in opposition to question is on the engrossment and more than 10 million. the motion. third reading of the bill. Keep that vision of the Alzheimer’s The SPEAKER pro tempore. The gen- The bill was ordered to be engrossed patient in mind. It may be someone in tleman is recognized for 5 minutes. and read a third time, and was read the your family or in your circle. Twenty- Mr. GINGREY of Georgia. Mr. Speak- third time. four million Americans have diabetes, er, the gentleman from California in mentioning these categories of suf- b 1830 26 million have heart disease. Think of that stroke victim. You know that per- fering seniors, people with Alzheimer’s MOTION TO RECOMMIT son. They’ve been our colleagues, dis- disease, chronic diabetes, heart dis- Mr. GARAMENDI. Mr. Speaker, I abled, and in many cases, totally disease, advanced stages of cancer, dis- have a motion to recommit at the abled. ability, or traumatic injury, I’d like to desk. What this amendment does is to deal tell the gentleman and my colleagues The SPEAKER pro tempore. Is the with a profound problem in America. on the other side of the aisle, Mr. gentleman opposed to the bill? How do we care for those who are dis- Speaker, that we on this side of the Mr. GARAMENDI. I am in its present abled, unable to care for themselves for aisle always have these victims in our form. a lengthy period of time? How do we do mind, in our heart, in our prayers. But The SPEAKER pro tempore. The that? There is no effective way to do it we have the compassion and the hon- Clerk will report the motion to recom- today until that individual and family esty not to promote and present a ruse mit. is flat broke. and false hope. That’s what this so- The Clerk read as follows: There is no mechanism today to deal called CLASS Act non-program does to Mr. Garamendi moves to recommit the bill these suffering individuals that suffer H.R. 1173 to the Committee on Energy and with this problem unless you have be- Commerce with instructions to report the come totally bankrupt, no assets, and from these chronic medical conditions same back to the House forthwith, with the then you get to go on the Medicaid pro- and disabilities. following amendment: gram, a burden on our general fund and H.R. 1173 is an opportunity for this At the end of the bill, add the following: on every State’s general fund. Congress to reverse one of the most SEC. 3. ENSURING LONG-TERM CARE SERVICES This amendment offers a solution. costly coverups—yes, coverups—this FOR SENIORS WITH ALZHEIMER’S This amendment says that we will keep administration has imposed upon the DISEASE AND OTHER DISABLED IN- DIVIDUALS. the CLASS Act in effect but seek a na- American taxpayer. The failure of this (a) IN GENERAL.—Section 2 shall not take tional voluntary insurance program. administration to implement the effect until such date as the Secretary of Now, I happen to know insurance, and CLASS program came as no surprise to

VerDate Sep 11 2014 12:49 Feb 24, 2017 Jkt 019102 PO 00000 Frm 00137 Fmt 0688 Sfmt 0634 E:\BR12\H01FE2.003 H01FE2 rmajette on DSK2TPTVN1PROD with BOUND RECORD 740 CONGRESSIONAL RECORD—HOUSE, Vol. 158, Pt. 1 February 1, 2012 the many of us who had actually lis- A recorded vote was ordered. Cravaack Johnson (IL) Reed Crawford Johnson (OH) Rehberg tened to the concerns from the unbi- The SPEAKER pro tempore. Pursu- Crenshaw Johnson, Sam Reichert ased actuaries—even the administra- ant to clause 8 and clause 9 of rule XX, Culberson Jones Renacci tion’s own chief health actuary, Rich- this 15-minute vote on the motion to Davis (KY) Jordan Ribble ard Foster, from CMS—about the cer- recommit will be followed by 5-minute Denham Kelly Rigell Dent King (IA) Rivera tain failure of the CLASS program. votes on passage of H.R. 1173, if or- DesJarlais King (NY) Roby The concerns, Mr. Speaker, were bi- dered, and motions to suspend the rules Diaz-Balart Kingston Roe (TN) partisan during debate on the Presi- on H.R. 3835 and H.R. 3567. Dold Kinzinger (IL) Rogers (AL) Donnelly (IN) Kline Rogers (KY) dent’s health care law, and even the The vote was taken by electronic de- Dreier Labrador Rogers (MI) President’s own fiscal commission vice, and there were—ayes 175, noes 247, Duffy Lamborn Rohrabacher called for the program’s repeal. not voting 10, as follows: Duncan (SC) Lance Rokita Duncan (TN) Landry Rooney So today we have the opportunity to [Roll No. 17] finally get this failed program off of Ellmers Latham Ros-Lehtinen AYES—175 Emerson LaTourette Roskam the books. This administration has Farenthold Latta Ross (AR) spent millions of dollars and, yes, eight Ackerman Gonzalez Olver Fincher Lewis (CA) Ross (FL) Altmire Green, Al Pallone ways of Sunday, here they are, col- Fitzpatrick Lipinski Royce Andrews Green, Gene Pascrell Flake LoBiondo Runyan leagues, eight ways, short of having Baca Grijalva Pastor (AZ) Fleischmann Long Ryan (WI) yet another mandate that all people Baldwin Gutı˝rrez Payne Fleming Lucas Scalise have coverage. Bass (CA) Hahn Pelosi Flores Luetkemeyer Schilling Becerra Hanabusa Perlmutter Forbes Lummis Schmidt b 1840 Berkley Hastings (FL) Peters Fortenberry Lungren, Daniel Schock Berman Heinrich Peterson Foxx E. Schrader They have tried to implement a pro- Bishop (GA) Higgins Pingree (ME) Franks (AZ) Manzullo Schweikert Bishop (NY) Himes gram that never had a chance of being Polis Frelinghuysen Marchant Scott (SC) Blumenauer Hinojosa Price (NC) Gallegly Marino Scott, Austin implemented, and today we’re faced Boswell Hirono Quigley Gardner Matheson Sensenbrenner with an $80 billion hole in the budget Brady (PA) Holden Rahall Garrett McCarthy (CA) Sessions that this administration claims would Braley (IA) Holt Gerlach McCaul Shimkus Brown (FL) Honda Rangel be filled by the implementation of the Reyes Gibbs McClintock Shuler Butterfield Hoyer Gibson McCotter Shuster Richardson CLASS program. Capps Inslee Gingrey (GA) McHenry Simpson Richmond Listen, colleagues, key Senate Demo- Capuano Israel Gohmert McKeon Smith (NE) Rothman (NJ) crats, like Senator HARKIN, believe Cardoza Jackson (IL) Goodlatte McKinley Smith (NJ) Ruppersberger that there is still one last option worth Carnahan Jackson Lee Gosar McMorris Smith (TX) Carney (TX) Rush Gowdy Rodgers Southerland considering: another unconstitutional Castor (FL) Johnson (GA) Ryan (OH) Granger Meehan Stearns mandate on every American. In fact, in Chu Johnson, E. B. Sa´ nchez, Linda Graves (GA) Mica Stivers comments to reporters yesterday, Sen- Cicilline Kaptur T. Graves (MO) Miller (FL) Stutzman Clarke (MI) Keating Sanchez, Loretta Griffin (AR) Miller (MI) Sullivan ator HARKIN made the claim that the Clarke (NY) Kildee Sarbanes Griffith (VA) Miller, Gary Terry problem with the current CLASS pro- Clay Kind Schakowsky Grimm Mulvaney Thompson (PA) gram is that it is voluntary. In the Cleaver Kissell Schiff Guinta Murphy (PA) Thornberry opinion of the esteemed Senator, it Clyburn Kucinich Schwartz Guthrie Myrick Tiberi Cohen Langevin Scott (VA) Hall Neugebauer Tipton needs to be mandatory. Connolly (VA) Larsen (WA) Scott, David Hanna Noem Turner (NY) The need for long-term care reform is Conyers Larson (CT) Serrano Harper Nugent Turner (OH) an important issue, and I am confident Cooper Lee (CA) Sewell Harris Nunes Upton Costa Levin that solutions can be accomplished and Sherman Hartzler Nunnelee Walberg Costello Lewis (GA) Sires Hastings (WA) Olson Walden that we can do this in a bipartisan way Courtney Loebsack Slaughter Hayworth Owens Webster Critz Lofgren, Zoe as they have been done before on this Smith (WA) Heck Palazzo West Crowley Lowey Stark Hensarling Paulsen Westmoreland issue. We cannot, however, continue to Cuellar Luja´ n Sutton Herger Pearce Whitfield deny the fact that the CLASS program Cummings Lynch Thompson (CA) Herrera Beutler Pence Wilson (SC) Davis (CA) Maloney is an abject failure and that its repeal Thompson (MS) Hochul Petri Wittman Davis (IL) Markey is necessary today. Tierney Huelskamp Pitts Wolf DeFazio Matsui Huizenga (MI) Platts Womack I say to my Democrat colleagues, DeGette McCarthy (NY) Tonko Towns Hultgren Poe (TX) Woodall admit your failure. You rushed this DeLauro McCollum Hunter Tsongas Pompeo Yoder Deutch McDermott Hurt Posey Young (AK) provision into the health care law. I Van Hollen Dicks McGovern Issa Price (GA) Young (FL) understand your compassion toward Vela´ zquez Dingell McIntyre Jenkins Quayle Young (IN) the late Senator Kennedy and your Doggett McNerney Visclosky wanting this to be a legacy for him, Doyle Meeks Walz (MN) NOT VOTING—10 but it was his staff that maybe misled Edwards Michaud Wasserman Ellison Miller (NC) Schultz Aderholt Lankford Speier the committee and the Democrat ma- Engel Miller, George Waters Carson (IN) Mack Walsh (IL) jority. Admit your failure. Get over it. Eshoo Moore Watt Filner Paul Vote to repeal this failed CLASS Act, Farr Moran Waxman Hinchey Roybal-Allard and live to fight another day. Fattah Murphy (CT) Welch Frank (MA) Nadler Wilson (FL) 1859 I recommend that we vote down this Fudge Napolitano Woolsey b motion to recommit and for the bill to Garamendi Neal Yarmuth So the motion to recommit was re- be repealed. NOES—247 jected. I yield back the balance of my time. Adams Bilbray Burton (IN) The result of the vote was announced The SPEAKER pro tempore. Without Akin Bilirakis Calvert as above recorded. objection, the previous question is or- Alexander Bishop (UT) Camp dered on the motion to recommit. Amash Black Campbell Stated for: There was no objection. Amodei Blackburn Canseco Mr. FILNER. Mr. Speaker, on rollcall 17, I Austria Bonner Cantor The SPEAKER pro tempore. The Bachmann Bono Mack Capito was away from the Capitol due to prior com- question is on the motion to recommit. Bachus Boren Carter mitments to my constituents. Had I been The question was taken; and the Barletta Boustany Cassidy present, I would have voted ‘‘aye.’’ Barrow Brady (TX) Chabot Speaker pro tempore announced that Bartlett Brooks Chaffetz The SPEAKER pro tempore. The the noes appeared to have it. Barton (TX) Broun (GA) Chandler question is on the passage of the bill. RECORDED VOTE Bass (NH) Buchanan Coble The question was taken; and the Benishek Bucshon Coffman (CO) Mr. GARAMENDI. Mr. Speaker, I de- Berg Buerkle Cole Speaker pro tempore announced that mand a recorded vote. Biggert Burgess Conaway the ayes appeared to have it.

VerDate Sep 11 2014 12:49 Feb 24, 2017 Jkt 019102 PO 00000 Frm 00138 Fmt 0688 Sfmt 0634 E:\BR12\H01FE2.003 H01FE2 rmajette on DSK2TPTVN1PROD with BOUND RECORD February 1, 2012 CONGRESSIONAL RECORD—HOUSE, Vol. 158, Pt. 1 741 RECORDED VOTE Stutzman Upton Wittman tation for Members of Congress and Mr. PALLONE. Mr. Speaker, I de- Sullivan Walberg Wolf Federal employees, on which the yeas Terry Walden Womack mand a recorded vote. Thompson (PA) Walsh (IL) Woodall and nays were ordered. A recorded vote was ordered. Thornberry Webster Yoder The Clerk read the title of the bill. The SPEAKER pro tempore. This Tiberi West Young (AK) The SPEAKER pro tempore. The Tipton Westmoreland will be a 5-minute vote. Young (FL) question is on the motion offered by Turner (NY) Whitfield Young (IN) The vote was taken by electronic de- Turner (OH) Wilson (SC) the gentleman from Florida (Mr. ROSS) vice, and there were—ayes 267, noes 159, NOES—159 that the House suspend the rules and pass the bill. not voting 6, as follows: Ackerman Green, Gene Pastor (AZ) [Roll No. 18] Altmire Grijalva Payne This will be a 5-minute vote. AYES—267 Andrews Gutierrez Pelosi The vote was taken by electronic de- Baca Hahn Peters vice, and there were—yeas 309, nays Adams Forbes McCaul Baldwin Hanabusa Pingree (ME) Aderholt Fortenberry McClintock Bass (CA) Hastings (FL) Polis 117, not voting 6, as follows: Akin Foxx McCotter Becerra Heinrich Price (NC) [Roll No. 19] Alexander Franks (AZ) McHenry Berman Hinojosa Quigley YEAS—309 Amash Frelinghuysen McIntyre Bishop (GA) Hirono Rahall Amodei Gallegly McKeon Brady (PA) Holden Rangel Adams Donnelly (IN) King (IA) Austria Gardner McKinley Braley (IA) Holt Reyes Aderholt Dreier King (NY) Bachmann Garrett McMorris Brown (FL) Honda Richardson Akin Duffy Kingston Bachus Gerlach Rodgers Butterfield Hoyer Richmond Alexander Duncan (SC) Kinzinger (IL) Barletta Gibbs Meehan Capps Inslee Rothman (NJ) Altmire Duncan (TN) Kissell Barrow Gibson Mica Capuano Israel Ruppersberger Amash Ellmers Kline Bartlett Gingrey (GA) Miller (FL) Cardoza Jackson (IL) Rush Amodei Emerson Labrador Barton (TX) Gohmert Miller (MI) Carnahan Jackson Lee Ryan (OH) Andrews Engel Lamborn Bass (NH) Goodlatte Miller, Gary Castor (FL) (TX) Sa´ nchez, Linda Austria Eshoo Lance Benishek Gosar Mulvaney Chu Johnson (GA) T. Bachmann Farenthold Landry Berg Gowdy Murphy (CT) Cicilline Johnson, E. B. Sanchez, Loretta Bachus Fincher Langevin Berkley Granger Murphy (PA) Clarke (MI) Kaptur Sarbanes Baldwin Fitzpatrick Lankford Biggert Graves (GA) Myrick Clarke (NY) Keating Schakowsky Barletta Flake Latham Bilbray Graves (MO) Neugebauer Clay Kildee Schiff Barrow Fleischmann LaTourette Bilirakis Griffin (AR) Noem Cleaver Kissell Schwartz Barton (TX) Fleming Latta Bishop (NY) Griffith (VA) Nugent Clyburn Kucinich Scott (VA) Bass (NH) Flores Lewis (CA) Bishop (UT) Grimm Nunes Cohen Langevin Scott, David Benishek Forbes Lipinski Black Guinta Nunnelee Connolly (VA) Larson (CT) Serrano Berg Fortenberry LoBiondo Blackburn Guthrie Olson Conyers Lee (CA) Sewell Berkley Foxx Loebsack Blumenauer Hall Owens Costa Levin Sherman Biggert Franks (AZ) Lofgren, Zoe Bonner Hanna Palazzo Costello Lewis (GA) Sires Bilbray Frelinghuysen Long Bono Mack Harper Paulsen Courtney Lofgren, Zoe Slaughter Bilirakis Gallegly Lowey Boren Harris Pearce Critz Lowey Smith (WA) Bishop (GA) Garamendi Lucas Boswell Hartzler Pence Crowley Luja´ n Speier Bishop (NY) Gardner Luetkemeyer Boustany Hastings (WA) Perlmutter Cummings Lynch Stark Bishop (UT) Garrett Luja´ n Brady (TX) Hayworth Peterson Davis (CA) Maloney Sutton Black Gerlach Lummis Brooks Heck Petri Davis (IL) Markey Thompson (CA) Blackburn Gibbs Lungren, Daniel Broun (GA) Hensarling Pitts DeGette Matsui Thompson (MS) Bonner Gibson E. Buchanan Herger Platts DeLauro McCarthy (NY) Tierney Bono Mack Gingrey (GA) Manzullo Bucshon Herrera Beutler Poe (TX) Deutch McCollum Tonko Boren Gohmert Marchant Buerkle Higgins Pompeo Dicks McDermott Towns Boswell Goodlatte Marino Burgess Himes Posey Dingell McGovern Tsongas Boustany Gosar Matheson Burton (IN) Hochul Price (GA) Doggett McNerney Van Hollen Brady (TX) Gowdy McCarthy (CA) Calvert Huelskamp Quayle Doyle Meeks Vela´ zquez Braley (IA) Granger McCaul Camp Huizenga (MI) Reed Edwards Michaud Visclosky Brooks Graves (GA) McClintock Campbell Hultgren Rehberg Ellison Miller (NC) Walz (MN) Broun (GA) Graves (MO) McCotter Canseco Hunter Reichert Engel Miller, George Wasserman Buchanan Green, Gene McHenry Cantor Hurt Renacci Eshoo Moore Schultz Bucshon Griffin (AR) McIntyre Capito Issa Ribble Farr Moran Waters Buerkle Griffith (VA) McKeon Carney Jenkins Rigell Fattah Nadler Watt Burgess Grimm McKinley Carter Johnson (IL) Rivera Frank (MA) Napolitano Waxman Burton (IN) Guinta McMorris Cassidy Johnson (OH) Roby Fudge Neal Welch Calvert Guthrie Rodgers Chabot Johnson, Sam Roe (TN) Garamendi Olver Wilson (FL) Camp Hall McNerney Chaffetz Jones Rogers (AL) Gonzalez Pallone Woolsey Campbell Hanabusa Meehan Chandler Jordan Rogers (KY) Green, Al Pascrell Yarmuth Canseco Hanna Mica Coble Kelly Rogers (MI) Cantor Harper Michaud Coffman (CO) Kind Rohrabacher NOT VOTING—6 Capito Harris Miller (FL) Cole King (IA) Rokita Carson (IN) Hinchey Paul Capps Hartzler Miller (MI) Conaway King (NY) Rooney Filner Mack Roybal-Allard Carney Hastings (WA) Miller, Gary Cooper Kingston Ros-Lehtinen Carter Hayworth Mulvaney Cravaack Kinzinger (IL) Roskam b 1906 Cassidy Heck Murphy (CT) Crawford Kline Ross (AR) Castor (FL) Heinrich Murphy (PA) Crenshaw Labrador Ross (FL) So the bill was passed. Chabot Hensarling Myrick Cuellar Lamborn Royce The result of the vote was announced Chaffetz Herger Neugebauer Culberson Lance Runyan as above recorded. Chandler Herrera Beutler Noem Davis (KY) Landry Ryan (WI) Cicilline Higgins Nugent DeFazio Lankford Scalise A motion to reconsider was laid on Coble Himes Nunes Denham Larsen (WA) Schilling the table. Coffman (CO) Hochul Nunnelee Dent Latham Schmidt Stated against: Cole Huelskamp Olson DesJarlais LaTourette Schock Conaway Huizenga (MI) Owens Diaz-Balart Latta Schrader Mr. FILNER. Mr. Speaker, on rollcall 18, I Cooper Hultgren Palazzo Dold Lewis (CA) Schweikert was away from the Capitol due to prior com- Costa Hunter Paulsen Donnelly (IN) Lipinski Scott (SC) mitments to my constituents. Had I been Costello Hurt Pearce Dreier LoBiondo Scott, Austin present, I would have voted ‘‘no.’’ Cravaack Inslee Pence Duffy Loebsack Sensenbrenner Crawford Israel Perlmutter Duncan (SC) Long Sessions f Crenshaw Issa Peterson Duncan (TN) Lucas Shimkus Critz Jenkins Petri Ellmers Luetkemeyer Shuler TO EXTEND THE PAY LIMITATION Cuellar Johnson (IL) Pingree (ME) Emerson Lummis Shuster FOR MEMBERS OF CONGRESS Culberson Johnson (OH) Pitts Farenthold Lungren, Daniel Simpson AND FEDERAL EMPLOYEES Davis (KY) Johnson, Sam Platts Fincher E. Smith (NE) DeFazio Jones Poe (TX) Fitzpatrick Manzullo Smith (NJ) The SPEAKER pro tempore. The un- Denham Jordan Polis Flake Marchant Smith (TX) finished business is the vote on the mo- Dent Kaptur Pompeo Fleischmann Marino Southerland DesJarlais Keating Posey Fleming Matheson Stearns tion to suspend the rules and pass the Diaz-Balart Kelly Price (GA) Flores McCarthy (CA) Stivers bill (H.R. 3835) to extend the pay limi- Dold Kind Quayle

VerDate Sep 11 2014 12:49 Feb 24, 2017 Jkt 019102 PO 00000 Frm 00139 Fmt 0688 Sfmt 0634 E:\BR12\H01FE2.003 H01FE2 rmajette on DSK2TPTVN1PROD with BOUND RECORD 742 CONGRESSIONAL RECORD—HOUSE, Vol. 158, Pt. 1 February 1, 2012 Quigley Schilling Thornberry WELFARE INTEGRITY NOW FOR Johnson (IL) Moran Schmidt Rahall Schmidt Tiberi CHILDREN AND FAMILIES ACT Johnson (OH) Mulvaney Schock Reed Schock Tierney Johnson, E. B. Murphy (CT) Schrader Rehberg Schrader Tipton OF 2011 Johnson, Sam Murphy (PA) Schwartz Reichert Schwartz Tonko The SPEAKER pro tempore. The un- Jones Myrick Schweikert Renacci Schweikert Tsongas Jordan Napolitano Scott (SC) Ribble Scott (SC) Turner (NY) finished business is the vote on the mo- Kaptur Neal Scott, Austin Rigell Scott, Austin Turner (OH) tion to suspend the rules and pass the Keating Neugebauer Scott, David Rivera Scott, David Upton bill (H.R. 3567) to amend title IV of the Kelly Noem Sensenbrenner Roby Sensenbrenner Walberg Kildee Nugent Social Security Act to require States Serrano Roe (TN) Sessions Walden Kind Nunes Sessions Rogers (AL) Shimkus Walsh (IL) to implement policies to prevent as- King (IA) Nunnelee Sewell Rogers (KY) Shuler Walz (MN) sistance under the Temporary Assist- King (NY) Olson Sherman Rogers (MI) Shuster Wasserman Kingston Owens Shimkus Rohrabacher Simpson Schultz ance for Needy Families (TANF) pro- Kinzinger (IL) Palazzo Shuler Rokita Slaughter Webster gram from being used in strip clubs, ca- Kissell Pallone Shuster Rooney Smith (NE) West Kline Pascrell sinos, and liquor stores, as amended, on Simpson Ros-Lehtinen Smith (NJ) Westmoreland Kucinich Pastor (AZ) which the yeas and nays were ordered. Sires Roskam Smith (TX) Whitfield Labrador Paulsen Ross (AR) Southerland Wilson (SC) The Clerk read the title of the bill. Lamborn Pearce Slaughter Ross (FL) Speier Wittman Lance Pelosi Smith (NE) The SPEAKER pro tempore. The Smith (NJ) Royce Stearns Wolf question is on the motion offered by Landry Pence Runyan Stivers Womack Langevin Perlmutter Smith (TX) Ruppersberger Stutzman Woodall the gentleman from Louisiana (Mr. Lankford Peters Smith (WA) Ryan (OH) Sullivan Yarmuth BOUSTANY) that the House suspend the Larsen (WA) Peterson Southerland Ryan (WI) Sutton Yoder rules and pass the bill, as amended. Larson (CT) Petri Speier Sanchez, Loretta Terry Young (FL) Latham Pingree (ME) Stearns Scalise Thompson (PA) Young (IN) This will be a 5-minute vote. LaTourette Pitts Stivers The vote was taken by electronic de- Latta Platts Stutzman NAYS—117 vice, and there were—yeas 395, nays 27, Levin Poe (TX) Sullivan Lewis (CA) Polis Sutton Ackerman Gonzalez Olver not voting 10, as follows: Lewis (GA) Pompeo Terry Baca Green, Al Pallone [Roll No. 20] Lipinski Posey Thompson (CA) Bartlett Grijalva Pascrell LoBiondo Price (GA) Thompson (MS) Bass (CA) Gutierrez Pastor (AZ) YEAS—395 Loebsack Price (NC) Thompson (PA) Becerra Hahn Payne Ackerman Cassidy Fortenberry Lofgren, Zoe Quayle Thornberry Berman Hastings (FL) Pelosi Adams Castor (FL) Foxx Long Quigley Tiberi Blumenauer Hinojosa Peters Aderholt Chabot Franks (AZ) Lowey Rahall Tierney Brady (PA) Hirono Price (NC) Akin Chaffetz Frelinghuysen Lucas Rangel Tipton Brown (FL) Holden Rangel Alexander Chandler Fudge Luetkemeyer Reed Butterfield Holt Tonko Reyes Altmire Chu Gallegly Luja´ n Rehberg Capuano Honda Towns Richardson Amodei Cicilline Garamendi Lummis Reichert Cardoza Hoyer Tsongas Richmond Andrews Clarke (MI) Gardner Lungren, Daniel Renacci Carnahan Jackson (IL) Turner (NY) Rothman (NJ) Austria Cleaver Garrett E. Reyes Chu Jackson Lee Turner (OH) Rush Baca Clyburn Gerlach Lynch Ribble Clarke (MI) (TX) Upton Sa´ nchez, Linda Bachmann Coble Gibbs Maloney Richardson Clarke (NY) Johnson (GA) Van Hollen T. Bachus Coffman (CO) Gibson Manzullo Richmond Clay Johnson, E. B. Vela´ zquez Sarbanes Baldwin Cohen Gingrey (GA) Marchant Rigell Cleaver Kildee Visclosky Schakowsky Barletta Cole Gohmert Marino Rivera Clyburn Kucinich Walberg Schiff Barrow Conaway Gonzalez Matheson Roby Cohen Larsen (WA) Walden Scott (VA) Bartlett Connolly (VA) Goodlatte Matsui Roe (TN) Connolly (VA) Larson (CT) Walsh (IL) Serrano Barton (TX) Cooper Gosar McCarthy (CA) Rogers (AL) Conyers Lee (CA) Walz (MN) Bass (NH) Costa Gowdy McCarthy (NY) Rogers (KY) Courtney Levin Sewell Wasserman Becerra Costello Granger McCaul Rogers (MI) Crowley Lewis (GA) Sherman Schultz Benishek Courtney Graves (GA) McClintock Rohrabacher Cummings Lynch Sires Watt Berg Cravaack Graves (MO) McCollum Rokita Davis (CA) Maloney Smith (WA) Berkley Crawford Green, Al McCotter Rooney Waxman Davis (IL) Markey Stark Berman Crenshaw Green, Gene McDermott Ros-Lehtinen Webster DeGette Matsui Thompson (CA) Biggert Critz Griffin (AR) McHenry Roskam Welch DeLauro McCarthy (NY) Thompson (MS) Bilbray Crowley Griffith (VA) McIntyre Ross (AR) West Deutch McCollum Towns Bilirakis Cuellar Grimm McKeon Ross (FL) Westmoreland Dicks McDermott Van Hollen Bishop (GA) Culberson Guinta McKinley Rothman (NJ) Whitfield Dingell McGovern Vela´ zquez Bishop (NY) Cummings Guthrie McNerney Royce Wilson (SC) Doggett Meeks Visclosky Bishop (UT) Davis (CA) Gutı˝rrez Meehan Runyan Wittman Doyle Miller (NC) Waters Black Davis (KY) Hahn Meeks Ruppersberger Wolf Edwards Miller, George Watt Blackburn DeFazio Hall Mica Ryan (OH) Womack Ellison Moore Waxman Blumenauer DeGette Hanabusa Michaud Ryan (WI) Woodall Farr Moran Welch Bonner DeLauro Hanna Miller (FL) Sanchez, Loretta Yarmuth Fattah Nadler Wilson (FL) Bono Mack Denham Harper Miller (MI) Sarbanes Yoder Frank (MA) Napolitano Woolsey Boren Dent Harris Miller (NC) Scalise Young (AK) Fudge Neal Young (AK) Boswell DesJarlais Hartzler Miller, Gary Schiff Young (FL) Boustany Deutch Hastings (FL) Miller, George Schilling Young (IN) NOT VOTING—6 Brady (PA) Diaz-Balart Hastings (WA) Carson (IN) Hinchey Paul Brady (TX) Dingell Hayworth NAYS—27 Filner Mack Roybal-Allard Braley (IA) Doggett Heck Amash Holt Rush Brooks Dold Heinrich Bass (CA) Honda Sa´ nchez, Linda Broun (GA) Donnelly (IN) Hensarling Clarke (NY) Jackson Lee T. b 1913 Brown (FL) Doyle Herrera Beutler Clay (TX) Schakowsky Buchanan Dreier Higgins Conyers Lee (CA) Scott (VA) So (two-thirds being in the affirma- Bucshon Duffy Himes Davis (IL) Markey Stark Buerkle Duncan (SC) Hinojosa tive) the rules were suspended and the Edwards McGovern Waters Burgess Duncan (TN) Hirono Ellison Nadler Wilson (FL) bill was passed. Burton (IN) Ellmers Hochul Frank (MA) Olver Woolsey The result of the vote was announced Butterfield Emerson Holden Grijalva Payne Calvert Engel Hoyer as above recorded. Camp Eshoo Huelskamp NOT VOTING—10 A motion to reconsider was laid on Campbell Farenthold Huizenga (MI) Carson (IN) Hinchey Moore Canseco Farr Hultgren the table. Dicks Mack Paul Cantor Fattah Hunter Filner McMorris Roybal-Allard Stated against: Capito Fincher Hurt Herger Rodgers Capps Fitzpatrick Inslee Mr. FILNER. Mr. Speaker, on rollcall 19, I Capuano Flake Israel was away from the Capitol due to prior com- Cardoza Fleischmann Issa b 1920 Carnahan Fleming Jackson (IL) mitments to my constituents. Had I been Carney Flores Jenkins Mr. PAYNE changed his vote from present, I would have voted ‘‘no.’’ Carter Forbes Johnson (GA) ‘‘yea’’ to ‘‘nay.’’

VerDate Sep 11 2014 12:49 Feb 24, 2017 Jkt 019102 PO 00000 Frm 00140 Fmt 0688 Sfmt 0634 E:\BR12\H01FE2.003 H01FE2 rmajette on DSK2TPTVN1PROD with BOUND RECORD February 1, 2012 CONGRESSIONAL RECORD—HOUSE, Vol. 158, Pt. 1 743 Ms. BERKLEY changed her vote from anced Budget and Emergency Deficit tections and standards that now apply ‘‘nay’’ to ‘‘yea.’’ Control Act of 1985 to reform the budg- to the permanent unemployment ex- So (two-thirds being in the affirma- et baseline, and providing for consider- tension program. States already have tive) the rules were suspended and the ation of the bill (H.R. 3582) to amend ample flexibility to determine eligi- bill, as amended, was passed. the Congressional Budget Act of 1974 to bility for unemployment insurance The result of the vote was announced provide for macroeconomic analysis of benefits and to set the amount of those as above recorded. the impact of legislation, which was re- benefits, but they must now operate A motion to reconsider was laid on ferred to the House Calendar and or- under a basic set of rules. For example, the table. dered to be printed. States are required to spend unemploy- Stated against: f ment insurance funds solely on unem- Mr. FILNER. Mr. Speaker, on rollcall 20, I ployment benefits. They must pay ben- MOTION TO INSTRUCT CONFEREES was away from the Capitol due to prior com- efits when due, and they may not con- ON H.R. 3630, TEMPORARY PAY- mitments to my constituents. Had I been dition eligibility on issues beyond the ROLL TAX CUT CONTINUATION present, I would have voted ‘‘nay.’’ fact and cause a person’s unemploy- ACT OF 2011 f ment. The Republican bill would cir- Mr. MICHAUD. Mr. Speaker, I have a cumvent these basic protections. PERSONAL EXPLANATION motion to instruct conferees at the Under the proposed waiver policy, Mr. CARSON of Indiana. Mr. Speaker, on desk. States could divert unemployment February 1, 2012, I missed rollcall votes 13, The SPEAKER pro tempore. The funds to other purposes, which seems 14, 15, 16, 17, 18, 19, and 20 because of dis- Clerk will report the motion. particularly ill-timed when over half of trict business. Had I been present, I would The Clerk read as follows: the States’ unemployment trust funds have voted ‘‘yes’’ on rollcall 13, ‘‘yes’’ on roll- Mr. Michaud moves that the managers on are insolvent because there’s so many call 14, ‘‘yes’’ on rollcall 15, ‘‘yes’’ on rollcall the part of the House at the conference on people still out of work. This diversion the disagreeing votes of the two Houses on 16, ‘‘yes’’ on rollcall 17, ‘‘no’’ on rollcall 18, the Senate amendment to the bill H.R. 3630 policy could lead to jobless individuals ‘‘yes’’ on rollcall 19, and ‘‘yes’’ on rollcall 20. be instructed to recede from section 2123 of being denied weekly unemployment f the House bill, relating to allowing a waiver benefits and instead being offered less of requirements under section 3304(a)(4) of useful benefits. Furthermore, a waiver REMOVAL OF NAME OF MEMBER the Internal Revenue Code of 1986, including could allow new requirements to be im- AS COSPONSOR OF H.R. 3784 a requirement that all money withdrawn posed on unemployment insurance re- Ms. FUDGE. Mr. Speaker, I ask from the unemployment fund of the State cipients, including a requirement that shall be used solely in the payment of unem- they perform a community service job unanimous consent to remove my ployment compensation. name as a cosponsor to H.R. 3784. to be eligible for benefits. The SPEAKER pro tempore. Pursu- The SPEAKER pro tempore. Is there Unemployment insurance is an ant to clause 7 of rule XXII, the gen- objection to the request of the gentle- earned benefit for people who have tleman from Maine (Mr. MICHAUD) and woman from Ohio? worked hard. It’s insurance. Effectively the gentleman from Texas (Mr. BRADY) There was no objection. they have paid into those insurance each will control 30 minutes. f The Chair recognizes the gentleman funds and have lost their jobs through from Maine. no fault of their own. These individuals REPORT ON RESOLUTION PRO- must actively search for work to be eli- VIDING FOR CONSIDERATION OF Mr. MICHAUD. Mr. Speaker, at this time, I would like to yield 4 minutes to gible. I have people in my district that CONFERENCE REPORT ON H.R. have sent out 400 resumes, knocked on 658, FAA MODERNIZATION AND the gentlelady from Ohio (Ms. KAPTUR). Ms. KAPTUR. I thank my esteemed hundreds and hundreds of doors. They REFORM ACT OF 2012 want to work. And many receive serv- colleague, Congressman MIKE MICHAUD Mr. WOODALL, from the Committee of Maine, for allowing me this time to ices through the Federally funded one- on Rules, submitted a privileged report join him and to rise in support of his stop employment centers. Regrettably, (Rept. No. 112–382) on the resolution (H. motion to instruct conferees on a pay- House Republicans that have consist- Res. 533) providing for consideration of roll tax cut extension bill that strikes ently targeted this system for steep the conference report to accompany a section that undermines the normal cuts in services at a time when they the bill (H.R. 658) to amend title 49, procedures of unemployment com- are needed most again have a proposal United States Code, to authorize appro- pensation to people who are out of here. priations for the Federal Aviation Ad- work as it diverts those funds to other You know, I really wonder why they ministration for fiscal years 2011 purposes. don’t focus as much attention on pros- through 2014, to streamline programs, Here we have the hardest of hearts ecution of the Wall Street perpetrators create efficiencies, reduce waste, and that exist in this House, the majority who got us into this mess in the first improve aviation safety and capacity, on the other side of the aisle, who al- place. I think you’ve got the telescope to provide stable funding for the na- lowed the market to crash in 2008, put- turned around in the wrong direction. tional aviation system, and for other ting millions of people out of work and You ought to be caring for those who purposes, which was referred to the then throwing millions more out of have an ethic of work and who have House Calendar and ordered to be their homes and turning a cold eye to- earned these benefits. And we need to printed. ward them. And then proposed to cut recoup money to balance the budget f heating assistance to those who are and to meet our societal needs by mak- struggling across this country, and ing sure that prosecution occurs for REPORT ON RESOLUTION PRO- then a majority on the other side vot- those who took the Republic to the VIDING FOR CONSIDERATION OF ing to not extend unemployment bene- cleaners and are still fat and happy sit- H.R. 3578, BASELINE REFORM ACT fits to the victims. I didn’t see any en- ting in the same chairs that they were OF 2012, AND PROVIDING FOR thusiasm over there for prosecuting in back in 2008 up there on Wall Street. CONSIDERATION OF H.R. 3582, the big banks on Wall Street and those So I would say to the gentleman I PRO-GROWTH BUDGETING ACT who had committed the fraud that got rise in strong support of your effort to OF 2012 us into this mess in the first place. No, instruct the conferees and to protect Mr. WOODALL, from the Committee they want to cut it out of the hearts of the earned benefits of those in our soci- on Rules, submitted a privileged report the victims. ety who build this country forward (Rept. No. 112–383) on the resolution (H. Now, the House Republican proposal through thick and thin no matter Res. 534) providing for consideration of in H.R. 3630 would allow States to what. They have earned the right to the bill (H.R. 3578) to amend the Bal- apply for waivers to bypass basic pro- their unemployment benefits.

VerDate Sep 11 2014 12:49 Feb 24, 2017 Jkt 019102 PO 00000 Frm 00141 Fmt 0688 Sfmt 0634 E:\BR12\H01FE2.003 H01FE2 rmajette on DSK2TPTVN1PROD with BOUND RECORD 744 CONGRESSIONAL RECORD—HOUSE, Vol. 158, Pt. 1 February 1, 2012 Mr. BRADY of Texas. Mr. Speaker, I We give States the ability to tailor This provision to remove Section 2123 yield myself such time as I may con- job training programs to get people, from H.R. 3610, this section severely sume. again, back to work. This is what the undermines the unemployment insur- I think there is bipartisan agree- President talked about when he cited ance system that nearly 8 million ment—Republicans and Democrats—on Georgia Works and other issues on job Americans rely on. It allows States to extending unemployment benefits for a creation. The Democrat motion stops apply for waivers that would change full year. States who know their local economies how unemployment insurance funds Clearly, we’re in tough economic best from putting, again, these job are allocated, and it does this under times. But here we are 21⁄2 years after trainings in place for their workers. the guise of strengthening reemploy- the recession officially ended, and yet And finally, in the House bill, we rec- ment programs. In reality, these pro- we have 27 million people who can’t ognize and believe it’s time to stop sub- posed waivers would allow States to find a full-time job. We have a lower sidizing drug use through Federal bene- use unemployment insurance funds for unemployment rate principally be- fits. Now, I wonder how many people purposes other than paying out bene- cause so many Americans have simply this morning went to work in the dark; fits. given up looking for work. What we how many single moms struggled to Think about this. If people are on un- know is the current unemployment get their kids to school before they employment insurance, they need system is not working. went to work; how many people are those benefits. They need full benefits. I think we can all agree that an un- driving home right now, are going to You don’t want the State to find an ex- employment check is no substitute for miss their kid’s practice, they were at cuse to siphon those benefits to some a paycheck. We know the longer a per- work; how many told their Boy Scout other purpose. And by allowing the use son stays unemployed, the harder it is they couldn’t be at the campout this of unemployment insurance funds for for them to get back in the workforce. weekend because they had to work on purposes other than providing unem- Most studies show that after 2 years, Saturday; how many people working ployment benefits to those who rely on the chances of you getting back in the one, two, three jobs that Washington them, we would be weakening a system workforce becomes very, very slim, yet takes money from their paycheck to that has provided assistance to unem- the government today subsidizes that help people who are unemployed. ployed Americans for decades. The rationale for the reallocation is unemployment for almost that full 2 And all the House bill does is to en- deceptively camouflaged. It’s being de- years. sure that States are allowed to help scribed as fulfilling additional benefits There’s agreement that the sooner people get that education, get that job to the unemployed, such as bolstering we get people back to work the better training, end subsidizing drug use, so job training programs and reemploy- it is for them, and the better it is for they’re better applicants with a bright- ment programs. Yet, in reality, divert- our economy. But what the Federal er future. We don’t require States to do ing funds from the unemployment in- Government is doing today, it isn’t this. We allow States to have waivers, surance fund to other equally impor- working. We have a system from the to be innovative to do that. tant programs is not a viable solution 1930s. We need an unemployment sys- At the end of the day, the truth of and will, ultimately, undermine the tem for the 21st century, for today’s the matter is we have so many compa- unemployment insurance system that nies who tell us they want to hire good economy. Commonsense reforms are in millions rely on. order, but the Democrat motion to in- workers with good salaries, but these The truth of this matter is that this struct that we just heard about de- workers can’t pass even a basic drug Congress has been shirking its respon- stroys those reforms to put people back test. Look, if you’ve got a casual drug sibility to independently and to ade- to work. habit or a more serious problem, fi- quately fund these programs. Under the House bill, we allow nance it on your own. You’re not going Section 2123 of this legislation also States, those who know the economies to take tax dollars from your neighbor gives the States the ability to create better, who know their workers best, to who’s working one or two or three jobs their own eligibility requirements, put together innovative programs to to finance your drug habit. In fact, which could impede otherwise eligible get people off unemployment and back your future is dimmed because of it. recipients from collecting their bene- into the workforce where they belong. And if States decide not to implement fits. The waivers permitted under Sec- Under the House bill, for example, we a drug screening program, it’s their de- tion 2123 would give States the oppor- require workers to actually look ag- cision; it’s not Washington’s. tunity to impose new eligibility re- gressively for a job. You would think The Democrat motion makes sense quirements on unemployment insur- that’s common sense, but under Fed- only if you work in Washington and ance recipients that are unrelated to eral law today a person can go 11⁄2 think the current status quo is work- their employment history and current years receiving unemployment benefits ing. It is not. So I respectfully oppose unemployment status. This includes and not be looking for a job. In some the motion, support the proposed waiv- giving the States the right to require a States, you don’t have to look for a job er authority, as well as its other provi- high school diploma or GED as a pre- at all. Well, that’s not acceptable. And sions. requisite for receiving unemployment those without a GED or a high school I reserve the balance of my time. benefits. diploma, those whose chances of get- Mr. MICHAUD. Mr. Speaker, I yield 5 Now, think about that. You have so ting a job are the slimmest, those who minutes to the gentleman from Ohio many people who, because of family are laid off first and hired last, they (Mr. KUCINICH). situations, have not been able to finish struggle. But under the House bill, we Mr. KUCINICH. I want to thank the high school, and they’re working to allow States to put together the pro- gentleman from Maine for his ever- support their families. They get laid grams that actually get those workers present leadership on the issue of un- off, and then they’re told, Well, wait a that education. employment insurance and also for minute. Because you don’t have a high fighting for jobs for Americans, be- school diploma, you can’t get any bene- b 1930 cause we’re really here looking at two fits. This is a double punishment for For example, if you’re 40 years old problems. One is the problem of mak- people. and don’t have a GED, the truth of the ing sure that those who are on unem- What we should be doing is enabling matter is you still have a quarter of a ployment are going to get benefits so people who are unemployed to be able century left in the workforce. We want they can survive, and the other one is to get a college education paid for to help you get that education, to be a the massive unemployment that we while they’re unemployed, so that better applicant, to get a better job, to have in America. I mean, obviously, when they’re graduated or better edu- have a brighter future. But this bill de- these matters are interrelated. cated, that when they come back into nies States the ability to help get that Let me speak first to Mr. MICHAUD’s the workforce they can help make a education for their workers. motion to instruct conferees. greater contribution to our country.

VerDate Sep 11 2014 12:49 Feb 24, 2017 Jkt 019102 PO 00000 Frm 00142 Fmt 0688 Sfmt 0634 E:\BR12\H01FE2.003 H01FE2 rmajette on DSK2TPTVN1PROD with BOUND RECORD February 1, 2012 CONGRESSIONAL RECORD—HOUSE, Vol. 158, Pt. 1 745 Frivolous requirements like giving Section 2123, which is the issue here, well as the unemployment insurance. States the right to require a high allows up to 10 States per year to apply Unfortunately, the bill also included school diploma or GED as a pre- for waivers to test innovative ideas to provisions that would undermine the requisite for receiving unemployment help people get a job, to help people get unemployment insurance program as benefits will do nothing but prevent back to work, so it’s only up to 10 we know it today. benefits from reaching those who need States. And waiver programs would While I disagree with many of these them the most. have to be cost neutral, rigorously provisions, my motion to instruct fo- In my home State of Ohio, the unem- evaluated, and then we could under- cuses on one particular provision: the ployment rate is still above 8 percent. stand the policies. provision would roll back a require- Just last week, more than 20,000 Ohio- Look, I think the folks at home in ment that States must spend all unem- ans were on the brink of losing their my great State of Oregon are just as ployment funds solely on unemploy- extended benefits. The men and women compassionate, if not more so, than ment benefits. of this country should not have the what happens here in Washington. I Now, I know that there might be added stress of monitoring the govern- think they can be creative, too, in some who disagree with the size of the ment’s attempt to deny or delay their helping. unemployment program and how many unemployment benefits. We have to And, in fact, in 2011, Oregon launched protect the integrity of the unemploy- weeks individuals should be able to get its version under a waiver of the Na- their unemployment benefits. But I ment insurance program and those tional Career Readiness Certificate that rely it. think we can all agree that money in- program. Now, what that did was cer- And while we’re at it, we also have to tended to help the unemployed make start thinking about creating jobs in tify 10,760 work-ready individuals in ends meet while they’re looking for this country. We have at least 13 mil- the State that they have the appro- work should not be used for something lion people who are unemployed and priate math, reading, and other skills else. another 6 million who are under- necessary to get back and contribute There are several reasons why main- employed. It’s time we got America to the workforce. taining the integrity of the unemploy- back to work, then we wouldn’t be hav- b 1940 ment program makes sense. ing this debate about unemployment Now, that hiring tool brought nearly First, there are still more than 13 insurance. 400 businesses, communities, and work- million Americans out of work as a re- While people are unemployed, they ers together and then simplified the sult of the worst economic downturn should get the benefits, and they job-search hiring process. These are the since the Great Depression. These should be full benefits. But we should kinds of innovative ideas that we could Americans rely on unemployment ben- also be creating jobs, and that’s not efits to feed their families and pay the what we’re doing. We need new mecha- use to actually help people get a job. This is a horrible economy. We’ve rent until they can find another job. nisms to create jobs. We shouldn’t tell To allow States to use these funds in- people, Well, the government doesn’t had 11 recessions since World War II. This is the worst one in terms of com- tended to support these families for have any money. programs could result in those who Well, we’re borrowing money from ing out of it. So the policies that have been in place the last couple of years have lost their jobs to receive a benefit China, South Korea, and Japan. Why that does not help them make ends don’t we start—spend the money into haven’t worked. meet and would be useless. circulation. Look at what the Federal The American people were promised Reserve does. The Federal Reserve cre- if we spent a trillion dollars we don’t Some might argue that this provision ates money out of nothing, gives it to have, including interest on the stim- will give States more flexibility to im- banks. The banks park the money at ulus, unemployment wouldn’t go above plement the unemployment program. I the Fed. They gain interest. Our busi- 8 percent; and yet here we are, record strongly support giving States the nesses are starved for lack of capital. unemployment, record deficits. Tril- flexibility to implement national poli- What if we, the government, took lion-dollar year after year after year cies in a way that makes sense to some back the constitutional right that we deficits under the Obama administra- of the States, but there’s already a have under article I, section 8, to spend tion, and people still out of work, high- great flexibility in the unemployment or create money, coin money, spend it est poverty level since the great anti- insurance program. into circulation, create millions of poverty campaigns began. This has to States already choose and adjust em- jobs, put our country back to work, re- change. We have to get people back to ployers’ tax rates, benefit levels, and build our infrastructure? More money work. duration and eligibility criteria. This for education, more money for health One of the issues that we’re going to provision goes too far and jeopardizes care. deal with in the conference committee, unemployment benefits themselves, America’s best days are ahead of it if I hope, you want to do something about and it won’t help the millions of unem- we start to think about the mecha- jobs, then let’s stop this Boiler MACT ployed Americans get back to work. nisms we have to create jobs in this rule from going into place. The EPA Second, unemployment benefits help country. In the meantime, we sure bet- Boiler MACT rule threatens to cripple individuals find other jobs. According ter protect those people who are unem- American manufacturers. We’ve lost to CBO, extension of unemployment in- ployed. more jobs there since back to, I think, surance benefits in the past few years The mechanism I talked about, it’s World War II; and this rule by EPA increased both employment and par- called the NEED Act, National Em- would cut another 200,000 jobs. ticipation in the labor force over what ployment Emergency Defense Act. We So let’s roll back the job-killing reg- they would have been otherwise. have a means of getting people back to Recent research from the Brookings work. In the meantime, if they’re not ulations. Let’s get Americans back to Institute concluded that unemploy- working, let’s make sure we don’t cur- work, and let’s leave creativity to the ment insurance does not increase the tail their unemployment benefits. States to help us find better ways to Support the Michaud amendment. take care of those who are unemployed. time that people remain unemployed. Mr. BRADY of Texas. Mr. Speaker, I Mr. MICHAUD. Mr. Speaker, I yield They found that unemployment bene- yield 2 minutes to the gentleman from myself such time as I may consume. fits may actually keep more people in Oregon (Mr. WALDEN), one of the lead- The reason why I offered this motion the labor force through its requirement ers of getting this economy and Amer- is to protect unemployment insurance that beneficiaries seek work. ica back on track and people back into for the millions of jobless Americans The fact is unemployment benefits good-paying jobs. that qualify for it. remain a crucial resource for American Mr. WALDEN. Mr. Speaker, let me At the end of the last session, the workers who lost their jobs as a result make a couple of points about this mo- House considered H.R. 3630, a bill that of the Great Recession and not because tion to instruct, which I oppose. would extend the payroll tax cuts as of their job performance.

VerDate Sep 11 2014 12:49 Feb 24, 2017 Jkt 019102 PO 00000 Frm 00143 Fmt 0688 Sfmt 0634 E:\BR12\H01FE2.003 H01FE2 rmajette on DSK2TPTVN1PROD with BOUND RECORD 746 CONGRESSIONAL RECORD—HOUSE, Vol. 158, Pt. 1 February 1, 2012 Using unemployment insurance fund- ity for unemployment insurance to test How convenient. I’d like to propose ing for any purpose other than unem- and expedite re-employment on indi- that we use war spending for some- ployment benefits for struggling fami- viduals who are receiving unemploy- thing other than war spending. lies simply makes no sense. ment benefits. We are empowering the States already have plenty of flexi- Third, unemployment benefits stimu- States, who know their workers best, bility in designing their unemployment late the economy. CBO identified in- to be creative, to be innovative and to insurance systems, so this Republican creasing aid to the unemployed as one do more for workers to get them back proposal just appears to be an attempt of the policies that would have the to work. to divert money away from unemploy- largest effect on output in employment In my home State of North Dakota ment, to erect more barriers to access- and therefore trigger economic growth. where the unemployment rate is the ing these benefits at the very moment That’s because individuals who receive lowest in the Nation, we have tremen- they’re needed the most. unemployment benefits don’t put it in dous re-employment programs that are Here is an idea: Instead of under- their savings account. They spend that operated through job service. The par- mining jobless benefits, why doesn’t money on things like putting food on ticipants in these re-employment pro- the Republican majority put its energy the table for their families. grams have even said, I would make into a real strategy to create jobs for If we divert money from the unem- this program a permanent feature so these unemployed workers. ployment program, this economic that all people who are unemployed This morning in the Education and stimulus effort will be lost, and our have a chance to utilize it. And others the Workforce Committee, we heard economic recovery will be even slower who said, You will learn something you from a Republican Governor who spoke than it is now. never thought about before. No one positively about the imperative of job creation and of the importance of Fed- I think it is important to remind our- goes away without something. eral investments in infrastructure, selves that the unemployment benefits Instead of continuing the same Wash- workforce and career training. are given to eligible individuals who ington business-as-usual, inflexible ap- I hope my friends in the majority have previously had a job but have lost proach to unemployment insurance, will listen to this fellow Republican. I it for reasons out of their control. it’s critical that we make common- hope they will stop playing games with During the Great Recession, millions sense reforms now. unemployment insurance. I hope they of Americans were given pink slips. To me it’s obvious: States know their will remove this provision that allows Even now, our economy has started to workers best. Let’s empower them. It’s States to take the unemployment in- show small signs of recovery, but there time for Washington to learn from the surance money away from unemployed are certain areas in Maine’s labor mar- States, give them the flexibility they peoples and, instead, pass a big, bold ket where the unemployment rate is need. jobs plan. That will remove workers more than 20 percent. These families With that, I urge my colleagues to from the unemployment ranks. aren’t going on vacations or buying oppose the Democrat motion to in- Mr. BRADY of Texas. Mr. Speaker, I luxury cars. They’re spending all of struct and support the underlying bill. yield 2 minutes to the gentleman from their money in their savings accounts, b 1950 Ohio (Mr. RENACCI), a small business emptying their 401(k)s and simply owner, himself, who has helped create Mr. MICHAUD. I yield 4 minutes to doing without. They need unemploy- 1,500 new jobs in the United States. ment benefits to help them stay afloat the gentlewoman from California (Ms. Mr. RENACCI. I want to thank the and to help them find a job. WOOLSEY). gentleman from Texas for yielding. My motion simply instructs con- Ms. WOOLSEY. Mr. Speaker, I rise Mr. Speaker, I rise today in opposi- ferees to take out this harmful provi- this evening in support of Congressman tion to the Democratic motion to in- sion so that we can ensure that the un- MICHAUD’s motion to instruct construct and in support of an initiative in employment funding is spent on unem- ferees. this bill that I believe will have a posi- ployment benefits. Every single one of us in this Cham- tive impact on our Nation’s staggering In this environment of reining in ber woke up this morning and came to unemployment rate. government spending and making sure work. We’re lucky to have jobs, jobs In these uncertain economic times, taxpayers’ dollars are used effectively, that are a source of dignity and self- we must allow States the ability to I think it makes sense to make sure fulfillment. But, Mr. Speaker, 13 mil- pursue innovative, pro-work strategies, that the unemployment benefits can- lion Americans woke up this morning and we must grant them the flexibility not be spent on some other program with no jobs to go to, with no salaries to build effective employment pro- that won’t help families or the econ- to help support their families. These 13 grams. Every day, I hear from busi- omy like the unemployment insurance. million Americans are jobless, not be- nesses in my district in Ohio that are So I urge my colleagues to support cause there is something wrong with ready to hire but that cannot find the this motion to ensure that the unem- them, but because something is wrong right person. Most of those currently ployment benefits continue to go to with the U.S. economy and with the collecting unemployment insurance Americans who lost their jobs and are policies designed to keep 1 percent of want to return to work as soon as pos- trying to get back on their feet. the population comfortable at the ex- sible. I reserve the balance of my time. pense of the remaining 99 percent. The We must implement measures and Mr. BRADY of Texas. Mr. Speaker, I recession happened to the American expedite reemployment without adding yield 2 minutes to the distinguished people. They didn’t bring it on them- to the deficit. A concept for granting gentleman from North Dakota (Mr. selves. States the flexibility to redirect a por- BERG), one of the new freshman mem- My colleagues on the other side of tion of unemployment benefits to an bers of the Ways and Means Committee the aisle see it differently. Instead of employer was included in the original who has taken a leadership role, who willingly extending jobless Americans bill. In exchange, the employer would understands it’s not an unemployment the hand up they’re entitled to, the hire a qualified unemployed worker at check the workers are seeking, it’s a majority insists on punishing jobless a higher rate than that individual paycheck. Americans for their predicament. They would have received on unemployment. Mr. BERG. I thank the gentleman want to manipulate the unemployment This commonsense legislation is a from Texas who understands the best insurance program that everyone pays win for the unemployed, for employers, solutions come from those people that into, that everyone deserves to access and for taxpayers. I urge Members to are closest to the problem. when they fall on hard times. They support the underlying bill and to op- Mr. Speaker, I rise today in strong want to give States the permission to pose any effort to limit this initiative. opposition to the Democrats’ motion to use unemployment insurance funds for Mr. MICHAUD. Mr. Speaker, I yield 4 instruct. With section 2123 of House bill something other than unemployment minutes to the gentleman from New 3630, we give States the waiver author- insurance. Jersey (Mr. HOLT).

VerDate Sep 11 2014 12:49 Feb 24, 2017 Jkt 019102 PO 00000 Frm 00144 Fmt 0688 Sfmt 0634 E:\BR12\H01FE2.003 H01FE2 rmajette on DSK2TPTVN1PROD with BOUND RECORD February 1, 2012 CONGRESSIONAL RECORD—HOUSE, Vol. 158, Pt. 1 747 Mr. HOLT. I thank the gentleman that money, and it helps the economy I also know that during times when from Maine for yielding. at large. people are in trouble or businesses are Mr. Speaker, this is a simple motion. Even with the minuscule improve- in trouble, they have to make the hard We want to ensure that unemployment ments in the economy recently, long- decision of laying some people off, and funds are used for those who are unem- term unemployment remains up I can empathize and understand when ployed. We want to make sure that un- around record levels. There are mil- those individuals are in that situation. employment funds, as promised, are lions of fewer jobs in the economy But what we’re talking about here given to those who are unemployed. It today than before the recession start- tonight, ladies and gentlemen, is just shouldn’t be a partisan issue. There are ed. some commonsense reforms to allow unemployed Republicans. There are un- Jeffrey from Plainsboro, New Jersey, the States to have the flexibility to do employed Democrats. There are unem- wrote me: what is best for them in their local ju- ployed Independents. Our motion says I was wondering if the extension for unem- risdictions to try to empower the men to them, We’re not turning away from ployment benefits will be extended. My wife and women from their districts so that you, but evidently, it seems to be a has been unemployed for close to 2 years, they have the opportunity to go back partisan issue. and despite trying to get a job, we see her 99- to work. I wholeheartedly disagree Let me repeat in clear English what week deadline fast approaching. I am a car salesman who works on commission, so you with the concept that my colleagues on this means when they talk about waiv- can imagine, business is down. Please let me the other side of the aisle are arguing ers. In clear English, it means that this know if there is a light at the end of the tun- for tonight to strip that language that bill, the House Republican bill, would nel. Thanks. would give States the flexibility to do allow States to divert unemployment The SPEAKER pro tempore (Mr. TIP- commonsense reforms in unemploy- funds for other purposes. States al- TON). The time of the gentleman has ment, not taking away the unemploy- ready have ample flexibility. They say expired. ment program—no one is talking about they need flexibility, but ‘‘flexibility’’ Mr. MICHAUD. I yield the gentleman doing that. really is a euphemism for denying ben- an additional minute. What we’re talking about, ladies and efits. It’s an invitation to deny bene- Mr. HOLT. Now, I think he would be gentlemen, is implementing the ability fits. Right now, States are required to outraged if he knew that somebody for States to have people get an edu- spend unemployment insurance funds here on the floor was associating his cation, or require people to get a GED, solely on unemployment benefits. They wife with drug abusers, who shouldn’t to give them tools so that when they must pay the benefits when they’re get the unemployment insurance bene- go into the marketplace they have the due. They may not condition eligibility fits that she deserves. ability to get a paycheck again rather on issues beyond the fact of unemploy- Robert from Somerset wrote to me to than an unemployment check. That ment and cause a person’s unemploy- say: should be a goal that we in Wash- ment. Unless we accomplish what the I am an unemployed Vietnam vet who re- ington, D.C., share across both aisles, gentleman from Maine is trying to ac- ceived my last unemployment check last and we should send the message to complish here, this legislation would week. What can I do about this? If you have America, You know what? We get it in circumvent these basic protections. any suggestions, I would appreciate it. Why Washington. We don’t necessarily have Of course, it’s fine for States to inno- is it so hard for you and the other Members all the answers here. We should defer vate and to pursue innovative ideas to of Congress, our Representatives, to help us by voting for the extension of unemployment to the people closer to the people back help people get jobs; but for heaven’s benefits? Banks do not have to beg, but we in our States and in our local commu- sake, don’t experiment with the liveli- do. I don’t recall any of the bank manage- nities. hoods of people who have lost their ment risking their lives for our country. This is what our proposal is about. jobs. It’s called unemployment insur- If they’re interested in experimen- That is where these commonsense re- ance. No, it’s not taking money from tation for how to do things better, why forms are coming from, and, again, no hardworking Americans. I couldn’t be- don’t they experiment with maybe de- one is talking about taking out the net lieve my ears when I heard that here nying the banks and investment banks that’s associated with unemployment on the floor. Insurance is for those peo- some of the benefits they’ve gotten? I insurance. We’re talking about com- ple who never expected they would be think this veteran would be outraged monsense reforms that will give people unemployed. I’ll show you thousands of for somebody to tell him that the gov- the tools to get back to work and take people in New Jersey—and I’m sure my ernment is subsidizing his unemploy- care of themselves. friend here could show you thousands ment and destroying his motivation to Mr. MICHAUD. Mr. Speaker, I yield 2 in Maine—who never thought they’d be work. minutes to the gentlewoman from unemployed for a week or a month or 6 ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE Texas (Ms. JACKSON LEE). months or 99 weeks. There are more The SPEAKER pro tempore. Mem- Ms. JACKSON LEE of Texas. I would people who have been unemployed for bers are reminded not to traffic the like to thank the gentleman from 99 weeks in the past year than at any well while another Member is under Maine for providing an opportunity for time since the Great Depression. recognition. civility and dialogue on the true grit of Taking money away from hard- the American constituency. working Americans, I couldn’t believe b 2000 I am amazed, I’m shocked, that we it. I never thought I would hear this on Mr. BRADY of Texas. Mr. Speaker, I would be here on floor of the House the floor. yield 2 minutes to the gentleman from denigrating an institution that has Unemployment insurance is not wel- New York (Mr. REED), one of the new been accepted as a rainy day umbrella, fare. It is provided to people who have leaders, a freshman Member of the I have said it often, for individuals worked hard. In effect, they’ve paid House Ways and Means Committees, a who’ve toiled in the hot sun and sky- into an insurance fund. They’ve lost gentleman who with his brother has scrapers on building infrastructure, on their jobs through no fault of their run a successful business for 15 years driving buses and trains, or however own, and they have to actively seek and understands the system we have they may have provided for their fami- work to be eligible. Unemployment in- today simply isn’t working. lies, and they have now lost their jobs. surance also helps the public at large, Mr. REED. I thank the gentleman, They dutifully paid into the insur- the economy at large. It’s not just my colleague, for yielding. ance pool called unemployment insur- helping those families—and it cer- Mr. Speaker, as my colleague indi- ance. They followed the laws of their tainly does help those families: those cated, I am a small business owner. I State. Some of them may be veterans spouses, those children. As my friend am proud of the business that we start- who are now in the civilian workforce, from Maine pointed out, the unemployed up in Corning, New York, and the and they are chagrined that they find ment insurance money isn’t stashed many people that we have employed in themselves unemployed. Now we have under a mattress. The family spends that business, Mr. Speaker. those who would say idle hands are the

VerDate Sep 11 2014 12:49 Feb 24, 2017 Jkt 019102 PO 00000 Frm 00145 Fmt 0688 Sfmt 0634 E:\BR12\H01FE2.003 H01FE2 rmajette on DSK2TPTVN1PROD with BOUND RECORD 748 CONGRESSIONAL RECORD—HOUSE, Vol. 158, Pt. 1 February 1, 2012 devil’s workshop and who want to in- And as a result of that, with five prevents States from offering training sist that these are drug addicts, that Democrat and Republican Governors programs. Nothing in my motion will they’re uneducated, that they need a working with Democrat and Repub- prevent States from encouraging peo- GED, and that they have all kinds of lican White Houses, we have succeeded ple to get their GED. States have the baggage that will not allow them to be in putting people back to work, getting flexibility to establish these programs gainfully employed. them off the welfare rolls as productive on their own. My motion to instruct Mr. Speaker, I’m very sorry to say citizens. It’s worked before. So why simply says that the benefits that were that is not true. I know in my own don’t we apply this same type of inno- collected by the employers for unem- community we are more fortunate than vation to a system that has been in ployment benefits will have to be used others regarding the amount of unem- place since the 1930s? for unemployment benefits. They can- ployed individuals. Frankly, we need a 21st century solu- not be used for training programs. But I know in the devastated commu- tion. Washington in this case, these They cannot be used to help subsidize nities people want to work. I have had tired old ways that are failing workers, businesses to pay for these employees. individuals come to my office over and why are we sticking with them? Why They have to be used for unemploy- over again. I have seen people line up don’t we allow States, not direct them, ment benefits. in the hot sun across this Nation this not mandate them, why don’t we sim- This motion to instruct is important past summer attempting to get jobs. ply allow them to put together pro- because if you look at my home State So I simply want to join with the gen- grams for job training so you can of Maine, there are more than 48,000 tleman’s motion to instruct. match people’s skills or give them Mainers out of work. And I want to I want this to be the motion to in- skills to get a job. read a letter from one of my constitu- struct for dignity. I want to thank you Why don’t we require that from the ents whose story illustrates why its for insisting that workers who have first day you get an unemployment critical that unemployment benefits go lost their jobs through no fault of their check to the last day that you’re ac- to those who need them, not for some own are not, in essence, drug addicts. tively searching for work each day, not alternative program. The other alter- That means conspicuous drug addicts going through the motions, as some do, native programs that I heard about because sometimes people need coun- but that every person getting that help earlier this evening, States can do that seling. Rather than stigmatizing, why is searching aggressively every day to on their own. The only difference is don’t we have a component that says do their best. Why don’t those who they cannot use unemployment bene- you have job skill training, if you need don’t have a high school education fits. counseling, you get counseling. I would like to read this letter from with years left in the workforce, why Let’s not denigrate the unemployed. my constituent: ‘‘I just became a nine- don’t we allow States to put together Pass the unemployment insurance. ty-niner, as those of us who have ex- the program to get them that GED so Let’s call for dignity. hausted our unemployment benefits that they actually have a chance for a Mr. BRADY of Texas. Mr. Speaker, I are called. Though some in Congress better life because they, again, first to yield myself such time as I may con- and the media think we comprise the be laid off, hardest to find a job, why sume. bottom-feeders that the business cre- don’t we give them some hope and a Look, if you think what’s working is ators needed to shed, this is not always high school equivalent degree while fine, we don’t need to change anything. the case. You think 27 million people trying to they’re on unemployment. Why don’t ‘‘I have worked hard ever since I was find a full-time job, many of them who we ensure that those who are getting a kid in East Millinocket doing odd have been out of work for 6 months or help for unemployment are ready and jobs for my father, peddling news- more, if you think that’s great, the available to work. papers. I went into the Army and bene- status quo is perfect, then this motion Too often, in all sizes of towns across fited from the Vietnam-era GI Bill, and to instruct is what you want. this country, we’re finding workers since have been glad to give back in But I believe, and many people be- who can’t pass a simple drug test. More the form of higher taxes for many lieve on both sides of the aisle, that we jobs these days require that drug test. years. can do better; that those who are un- Why don’t we allow States to put pro- ‘‘In 2009, my former company moved employed and looking for a job truly grams together to screen those early to California and laid me and hundreds want a paycheck. They don’t long for on and put programs together so that of others off, despite my having earned that unemployment check every 2 that applicant is a clean applicant superior performance reviews for most weeks or each month. They long for a who’s ready and willing to work who of my years with them. To their credit, job every day. actually has a bright future for them- we were given outplacement service And what we want to do is to turn selves and their children. and a decent severance package. loose those who know their community So at the end of the day this is a sim- ‘‘Nonetheless, I have since tried to and economy best to put together the ple question: Do we stick with the sta- find employment in my field, but find innovative program, to put people back tus quo that we know isn’t working? myself being screened out by junior to work sooner rather than later, be- Do we allow States and local commu- human resource people who find me cause we know the longer you stay out nities to be innovative to get people overqualified, too senior and/or too of work, the harder it is to find that back to work sooner rather than later? highly compensated for the job at job. The less education you have, the These are the commonsense reforms we hand. I am certain that some of this is harder it is to find that job and to keep think this country and, more impor- ageism, which, though illegal, is still that job. tantly, these workers deserve. quietly sanctioned in this society. And And so the question at hand here is, I oppose this motion to instruct be- now we face companies brazenly telling should we allow our local communities, cause I think it’s rooted in years and us that we need not apply if we have our local States, to work with busi- decades past, and we deserve better for been out of work for more than 6 nesses, to work with workers, design our workers in America today. months. programs to get people back to work I yield back the balance of my time. ‘‘Please show some compassion for sooner rather than later? It’s worked those of us who become unemployed before in other areas. b 2010 through no fault of our own and who We’ve given States the waivers to put Mr. MICHAUD. Mr. Speaker, I agree still hope to join the tax-paying ranks together innovative programs on wel- with part of the comments that the once again.’’ fare, again to help educate people and gentleman made. People do not want to This constituent of mine relies on train them and link them up with sit home and collect a paycheck. They unemployment benefits not because he workers so they have a real life, a real want to go to work. Some people defi- wants to or because he’s lazy, but be- career, not a dependency on a Federal nitely have to be trained for jobs. cause he can’t find a job. As I men- check. There is nothing in my motion that tioned, some labor markets in the

VerDate Sep 11 2014 12:49 Feb 24, 2017 Jkt 019102 PO 00000 Frm 00146 Fmt 0688 Sfmt 0634 E:\BR12\H01FE2.003 H01FE2 rmajette on DSK2TPTVN1PROD with BOUND RECORD February 1, 2012 CONGRESSIONAL RECORD—HOUSE, Vol. 158, Pt. 1 749 State of Maine have over 20 percent un- from a national security standpoint if to fuels used in transportation. That is employment. He is the reason I’m of- this country were to be able to move equally true of a mother who drives her fering this motion to instruct today to forward with the Keystone pipeline. children to school as it is the ensure that the unemployment insur- And tonight, we have Members of businessowner who operates a fleet of ance program is preserved for Ameri- Congress from across this country, and delivery vehicles. When the price of cans like him. Members from the East and the West, gasoline increases, Americans hurt. It requires that unemployment bene- the North and the South who will talk And the price of gasoline increased 81 fits will be used for those unemployed. about the importance of energy secu- cents per gallon in 2011 alone. The States have the flexibility to de- rity and the importance of creating I support an all-of-the-above ap- termine eligibility, the length, and the jobs. proach to energy, which includes open- amount. They have that flexibility. So So many of the debates we have ing up new areas for American energy I urge my colleagues to vote for this heard on the Chamber floor, not only exploration, transitioning to renewable motion to instruct and protect unem- today but in the past few months, have and alternative energy, and using more ployment benefits for what they were been revolving around the notion of clean and reliable nuclear power. intended for—for those who are unem- creating jobs and what we’re going to In his State of the Union address, the ployed—and not to help subsidize other do to get this economy turned around, President stated, ‘‘This country needs programs that States might decide to an economy that already has over 14 an all out, all-of-the-above strategy create. million Americans unemployed and 46 that develops every available source of With that, Mr. Speaker, I yield back million Americans living in poverty, a American energy, a strategy that’s the balance of my time. chance to get people to work and a cleaner, cheaper and full of new jobs.’’ The SPEAKER pro tempore. Without chance to create jobs. In my opinion, his decision on the Key- objection, the previous question is or- I will frame this debate tonight with stone pipeline is blatantly inconsistent dered on the motion to instruct. some information that we’ve just re- with this very statement. There was no objection. ceived. People across this country want The door is now open for this Cana- The SPEAKER pro tempore. The the Keystone pipeline to be built. If dian oil to go to China. Canada’s Prime question is on the motion to instruct. you look at the numbers we have here, Minister announced his ‘‘profound dis- The question was taken; and the supporters of the Keystone pipeline, appointment with the news.’’ While the Speaker pro tempore announced that you can see the support. It’s not just Chinese Government has ensured its fu- the noes appeared to have it. Republicans. It’s not just the majority ture supply of oil and other energy re- Mr. MICHAUD. Mr. Speaker, on that of Democrats. Every sector that we sources, the United States has rejected I demand the yeas and nays. have talked about in this poll supports a new source of energy that was laid at the Keystone pipeline overwhelmingly, The yeas and nays were ordered. our doorstep. Mr. Speaker, I ask, how 64 percent when you take into account The SPEAKER pro tempore. Pursu- does the fact that China could receive the opinions of Republicans and Demo- ant to clause 8 of rule XX, further pro- this energy supply not serve our na- crats. They know that this project will ceedings on this question will be post- tional interests? Mr. Speaker, I con- create opportunity, opportunity that poned. sider President Obama’s decision a hasn’t existed for far too long. f For over 36 months now, we’ve seen grave mistake. And on behalf of the American people who want secure oil KEYSTONE XL PIPELINE the unemployment rate in this Nation and new manufacturing jobs, I hope The SPEAKER pro tempore. Under exceed 8 percent. It’s unacceptable. And the fact that this administration that the Congress will continue to push the Speaker’s announced policy of Jan- him to reconsider this error in judg- uary 5, 2011, the gentleman from Colo- has decided to punt on jobs is shameful. It’s been said before, a year ago, 2 ment. rado (Mr. GARDNER) is recognized for 60 Again, thank you to my friend from years ago when the President was talk- minutes as the designee of the major- Colorado for holding this important ing about shovel-ready projects, well ity leader. hour tonight on this very important now apparently the only thing that the Mr. GARDNER. Mr. Speaker, I thank topic to the American people for job President is willing to use his shovel you for the opportunity to address the creation. for is to bury jobs. And that’s why to- Chamber tonight to discuss a very im- Mr. GARDNER. I thank the gentle- night I’m excited for the discussion we portant issue, the issue of job creation, lady for being here tonight and dis- the issue of energy independence, and will have with the American people. So at this time I would like to yield cussing the impact on her district with what we are doing in the 112th Con- to some of my colleagues who have the Keystone pipeline. She brings up a gress, the Republican majority, to joined me on the floor for their take good point when it comes to the price make sure that we’re creating jobs and and perspective on the Keystone pipe- of gas. Reports that we have say that opportunities for the American people. line, beginning with my good friend the discovery of the Canadian oil sands According to the Canadian govern- has the potential to change the current from Alabama, MARTHA ROBY. ment, Mr. Speaker, over 143,000 jobs in Mrs. ROBY. I very much thank the gas-price dynamic. Bringing a massive Colorado depend on our trade relation- gentleman from Colorado. I appreciate amount of oil to market from a politi- ship with Canada. And whether people you holding this very important lead- cally and economically secure source want to admit it or not, crude petro- ership hour tonight. And, of course, Mr. can restore market confidence and leum is Colorado’s top import from Speaker, I rise today to express my ex- bring down gas prices. Canada. But we’re not unique in that treme disappointment over President With that, I would recognize the gen- aspect. Colorado is by no means Obama’s decision to block the Key- tleman from Ohio (Mr. JOHNSON). unique. Many of our jobs and much of stone pipeline by rejecting an applica- Mr. JOHNSON of Ohio. I thank my our energy depends on our good relation to build and operate the oil pipe- colleague for yielding, and it’s great to tionship with our friendly neighbor to line across the U.S. and Canada border. be here with so many of them who also the north. When it comes to the Key- believe in not only the Keystone pipe- stone pipeline, though, it’s been 3 years b 2020 line but that America can attain en- since an application was first filed. I think every American should be ergy independence and security. America knows the Keystone pipeline, aware of the consequences. More than When the President came into office, a 1,700-mile energy project from our 100,000 jobs could be created over the gasoline at the pumps was about $1.68 a neighbors to the north to the Gulf of life of the project, including an esti- gallon. Today, it’s approaching $3.40, Mexico, one that could create as many mated 20,000 immediate American jobs and in some places even higher than as 20,000 direct jobs and 100,000 indirect in construction and manufacturing. that. We face a dichotomy of leader- jobs. The United States as a whole Oil accounts for 37 percent of U.S. en- ship here in Washington, D.C. You just would benefit both economically and ergy demand with 71 percent directed heard our colleague from Alabama talk

VerDate Sep 11 2014 12:49 Feb 24, 2017 Jkt 019102 PO 00000 Frm 00147 Fmt 0688 Sfmt 0634 E:\BR12\H01FE2.003 H01FE2 rmajette on DSK2TPTVN1PROD with BOUND RECORD 750 CONGRESSIONAL RECORD—HOUSE, Vol. 158, Pt. 1 February 1, 2012 about the President’s State of the riers that are keeping America from the-above energy policy, one that puts Union address, and he talked about an going after its own natural resources. America first above politics and above all-of-the-above approach to energy. I submit to you, Mr. Speaker, that if campaigning. Well, the administration’s actions and we had that kind of all-of-the-above en- I want to thank my colleagues for their words simply don’t match. ergy policy that had action behind the being here again tonight. Thanks for And there’s no more striking exam- words, you would again see America giving me an opportunity to share. ple of this than the President’s rejec- believe in American exceptionalism. Mr. GARDNER. I thank the gen- tion of the Keystone pipeline, a project You would see young people lining up tleman from Ohio. that would have created 20,000 imme- to get into institutions to major in dis- And I’m sure you’d be interested to diate jobs, bipartisan support, even the ciplines to prepare them for advances know this—and I’m sure you already unions are supportive of that project, in energy production, distribution, and know this, in fact—that according to upwards of 100,000 jobs as it trickled even usage. And at the end of the day, testimony that was given before the down through the life cycle of that we would see and we would find out Energy and Commerce Committee project; and yet the President rejected that we would learn how to produce, hearing last year on energy issues, the it. Hardworking taxpayers across store, and use energy in ways that impact of Alberta oil sands develop- America, particularly those in my dis- we’ve never even imagined. ment on the U.S. State economy, in trict along eastern and southeastern Do you know why? Because I do be- your great State of Ohio, 13,200 new Ohio, are very tired of Washington tak- lieve in American exceptionalism, and jobs could be created between 2011 and ing more and giving less. They want I know that my colleagues believe in 2015 as the development of the Alberta real leadership, they want real solu- American exceptionalism. I just don’t oil sands moves forward. And the Key- tions, and they want a return to Amer- think that our leaders in Washington stone pipeline is an important part of ican exceptionalism. and in the White House and in this ad- that. So, as I know there are many vis- I remember, and I know many of you ministration believe in American its going on to Ohio by this President, do, a time when we grasped the concept exceptionalism. perhaps he can explain to the people of American exceptionalism. President It was a striking example back last who may be unemployed in your dis- Kennedy told us back in the ’60s, he March, last spring, when the Prime trict, 13,200 new jobs good to be created said, We’re going to go to the Moon in Minister of Australia stood in this very by the development of the Alberta oil 10 years. We didn’t make it in 10 years; Chamber and gave a presentation. We sands, why the Keystone pipeline was we made it in 7 because he engaged were all here. She related a story, and vetoed. every fabric of our society—academia, she said, I remember being a young girl So I thank the gentleman for being our industrial base, our economic base, sitting in front of my television and here today. our political will, and even our mili- watching Neil Armstrong and Buzz And with that, I would yield to the tary was behind this idea of getting to Aldrin land on the Moon thinking to gentleman from Arizona for his per- the Moon. We saw industries crop up myself, wow, Americans can do any- spective. around space exploration. We saw mil- thing. Mr. QUAYLE. I thank the gentleman, lions of jobs created. We saw young She went on to talk about the his- my good friend from Colorado, for people lining up to get into institu- tory of America and Australia and how yielding. tions where they could major in dis- we worked together to address the Back home in Phoenix, Arizona, in ciplines that would prepare them for world’s problems and how America had my home district, one of the big things careers in space exploration. stood by Australia during World War that we worry about is the cost of gaso- Think about what would happen if we II. She gave many examples. At the end line. I went to the pump the other day really had an all-of-the-above approach of her speech, she said, I’m not that and it was about $3.60. It’s about twice to energy similar to that. Think about young girl today. I’m the Prime Min- as much as it would cost back before what would happen if America had an ister of our country, and I’ve got a lot President Obama was elected. And if energy policy that said, starting today, more experience under my belt, but I you look at the statistics, in 2011, the we’re going to draw a line in the sand, still believe that Americans can do average American household spent a and over the next decade, we’re going anything. record $4,155 at the pump. This is equal to set a goal to become energy inde- I was sitting right over there, and I to 8.4 percent of the median family in- pendent and secure in the United remember I could feel a cleansing come. So this is a huge issue, that we States. We’re no longer going to sit on breath take place in the House Cham- need to continue to find stable sources the sidelines. We’re going to go after ber. You could have heard a pin drop in of oil so that we can have a secure the 3 trillion barrels of oil that we al- here. We heard something from a lead- source of oil and we can make sure ready own. We’re going to go after the er of another nation that we so des- that we have more supply of oil so that natural gas we own because we’re sit- perately want to hear from our own we can start to bring the prices down ting on the world’s largest deposits of leaders. for gas at the pump. it. We’re going to continue to mine Mr. Speaker, America is the excep- Back before the President made his coal; and because we’re going to invest tion. We are gifted with the ability to decision, I would go around and talk to in it, we’re going to learn how to use it innovate, compete, and solve the people around my district and I would more environmentally soundly. world’s problems; and we’ve been doing say, What if I told you that with the We’re going to expand our nuclear it for over 230 years. swipe of a pen the President and his ad- footprint because guess what? It’s the ministration could create 20,000 imme- cleanest, safest form of energy on the b 2030 diate jobs and over 100,000 jobs over the planet. We’re even going to look at We can become energy independent long term and there wouldn’t be any wind and solar and find out where they and secure in this country. We can re- taxpayer dollars put at risk or ex- fit into the energy profile. We know turn the idea of American pended; what do you think we should they can’t solve all the problems, but exceptionalism to this country. We can do? Every single one of the people that they have a niche where they can. But put the American Dream back into I talked to said this President should we’re not going to sit idly by and do play to the over 14 million Americans sign that as soon as possible and let’s nothing, and we’re going to start by that are out of work and the 40-plus get to work making sure that the Key- telling our regulatory agencies to be- million Americans that are under- stone pipeline gets put into effect and come partners in progress with Amer- employed. get people back to work. ican businesses, to become rather than I ask the President and the Senate And then something funny happened. the department of ‘‘no,’’ the depart- today to begin to work with us in the The administration decided to placate ment of ‘‘let’s move the ball forward’’ House of Representatives to advance the radical fringe element of their and get over throwing up arbitrary bar- the idea of a real, no-kidding, all-of- party, and the President punted to

VerDate Sep 11 2014 12:49 Feb 24, 2017 Jkt 019102 PO 00000 Frm 00148 Fmt 0688 Sfmt 0634 E:\BR12\H01FE2.003 H01FE2 rmajette on DSK2TPTVN1PROD with BOUND RECORD February 1, 2012 CONGRESSIONAL RECORD—HOUSE, Vol. 158, Pt. 1 751 2013—didn’t even make the decision Solyndra and the Keystone pipeline. And tonight’s discussion on the Key- whether a yes or no, just pushed it And I think there is a real question stone pipeline is an example of an ad- down the road. But House Republicans about what kind of an economy we ministration and of folks engaging in decided that we were going to give the want in this country. Do we have a old-school politics rather than focusing President a second chance, a second op- Solyndra economy that relies on gov- on good, sound policy that is going to portunity to do the right thing, an op- ernment funding, government financ- achieve that dream of energy independ- portunity to realize that the State De- ing, and then rips off the American ence because, as my colleagues have partment had already done an environ- taxpayers? Or do we rely on a Keystone articulated, this project has been fully mental impact study that showed that economy that creates private sector vetted, years of environmental studies there was very little chance for any en- jobs, 100,000 private sector jobs? and reviews. The primary agency, vironmental damage to some of the The Arizona Republic said in an arti- FERC, who had the responsibility to sensitive areas where the pipeline cle, an editorial that they wrote on oversee the project, came to the con- would be going. Maybe we could have January 20 of this year, just a couple clusion that there were no significant the President realize that this is not days ago: environmental impacts that were asso- the time to play politics; this is the A lack of urgency regarding energy ciated with this project. time to get American people back to independence is only one of the reasons work. And that’s exactly what the Key- President Obama is being shellacked b 2040 stone pipeline would do. And yet, once this week by Republicans and Demo- again, the President punted. crats alike for his disappointing deci- And it was on the verge of approval Now, we can’t give him too many sion regarding the Keystone XL trans- at the Department of State whose, if I more chances. We’ve already given two continental oil pipeline. The foot-drag- remember correctly, primary mission chances for this one already. But when ging runs counter to the recommenda- is to deal with diplomatic issues. Be- we all sat here at the State of the tions of the President’s own Council on cause this pipe crosses an international Union and we heard him say that we Jobs and Competitiveness. President border, the President used the final act were going to adopt the all-of-the- Obama’s choice is a bad one. He needs from an agency who is focused on dip- above approach, as some of my col- to reconsider. lomatic issues to reach in and, for po- leagues mentioned earlier, we actually That was an editorial, again, from litical purposes, say no. realized that that’s not really the case, The Arizona Republic. I applaud the gentleman from Ari- because it seems as if there are only fa- And with that, I would yield to my zona, and I associate myself with his vored sectors that actually get some colleague and good friend from the words, that we have given another attention from this administration. State of New York (Mr. REED), some- chance to the President to do what is You have companies like Solyndra. body who has been very active in nat- right in our and my opinion. This is a Solyndra received a $535 million loan ural gas production and certainly a project that is ready to go. It will put guarantee from the government as well leader in the Ways and Means Com- 20,000 people back to work, and that’s as nearly $15 million in severance mittee. what we’ve been talking about here for money for its employees when that Mr. REED. Well, I thank my col- months is improving this economy: company went bankrupt. A total of league from Colorado for hosting this jobs, jobs, jobs. And with the stroke of nearly 550 million taxpayer dollars Special Order tonight and for truly en- a pen, the President said no to 20,000 were squandered. This is a risk that gaging in a conversation we need to jobs and 100,000 jobs on top of that. And the American taxpayer should never have with America. he put an obstacle in the barrier of his have taken. And there is very little And I would like to associate myself own State of the Union message that chance we’re going to get any of that with the words of the gentleman from we are going to accomplish energy back because our rights were actually Ohio, when Mr. JOHNSON spoke independence with an all-of-the-above put lower than people who were giving soeloquently about the need for a com- approach by taking action a week be- loans after the American taxpayers. prehensive energy policy, an all-of-the- fore and saying, for political purposes, Now, then, we have another com- above approach to getting us off of for- we’re not going to be able to achieve pany, Ener1, received $118.5 million in eign sources of energy once and for all. that goal. stimulus grants before going belly up I think Mr. JOHNSON really hit the nail That has to stop, ladies and gentle- just a few moments ago. men. I’m proud to be part of this fresh- According to The Washington Post, on the head with his description of the man class that has come in November Obama’s $38.6 billion green job loan American Dream, or exceptionalism, 2010, and I fundamentally believe that guarantee program has created just and the ability that in America we de- we are changing the conversation in 3,545 permanent jobs. That’s a cost of $5 velop a plan; when we have a vision, we Washington to focusing on policy over million per job, $5 million per job in a can accomplish anything. favored sector. You know how many And I don’t know if you noticed, Mr. politics. And this is an example, under taxpayer dollars would be spent to cre- GARDNER, I’m over here on the other this pipeline project, that is going to ate hundreds of thousands of jobs for side of the Chamber tonight. You be directly related to that change in the Keystone pipeline? Zero. And yet know, I’m an individual who is proud conversation in Washington because the President couldn’t sign a simple to be a member of the Republican it’s a commonsense type of approach to sheet of paper to get this done. This is Party, and many of the times I’m the job. a no-brainer, as many people have said. standing on that side of the Chamber. It’s about focusing on people, getting So I hope that the President will re- But I am willing to come over on this them back to work, committing our- consider. I hope that the House Repub- side of the Chamber to speak tonight selves to a vision of energy independ- licans will continue to push this issue to say to my fellow colleagues across ence, which is so critical to our future, because this is something that we can the aisle that my hand is open for us to and also so critical to our future in the do right away. It is shovel ready, to join together on this issue and many manufacturing sector, because if we borrow a phrase, and this is something issues that face Americans back at can get energy from domestic supplies that will make sure that we are look- home, and this issue in particular be- here, and we can secure those energy ing towards the future for our energy cause it impacts all of us, all 300 mil- sources long term, we’re going to have security. lion people across America; because lower utility rates, manufacturers are And I thank the gentleman from Col- when we can commit ourselves, as the going to invest in America again, and orado for addressing this important President did at the State of the we’re going to start building things issue and for starting this conversation Union, to developing a comprehensive again. That has to be the cornerstone tonight. energy policy of all of the above, I am of what we’re talking about. And the Mr. GARDNER. The gentleman from confident that we can achieve that en- Keystone pipeline is but an example of Arizona brings up a great point about ergy independence. that.

VerDate Sep 11 2014 12:49 Feb 24, 2017 Jkt 019102 PO 00000 Frm 00149 Fmt 0688 Sfmt 0634 E:\BR12\H01FE2.003 H01FE2 rmajette on DSK2TPTVN1PROD with BOUND RECORD 752 CONGRESSIONAL RECORD—HOUSE, Vol. 158, Pt. 1 February 1, 2012 One last point I would like to ad- With that, I yield to the gentleman and the alternatives going across the dress. We here in Washington can im- from Texas. Ogallala, the 13 alternatives that were pact people every day, and this is an Mr. CONAWAY. I thank the gen- assessed, that this one really was the example of that impact in a positive tleman from Colorado for allowing me best, that somehow a new route was way, because if we put the Keystone to join in; and although I’m not a part necessary and that gave rise to the pipeline online, every time an Amer- of the freshman class, I hope they charade that we saw played out where ican goes to the pump to fill up his gas won’t toss me out of the Chamber as a the President decided he was going to tank or her gas tank, you will see the result of that indiscretion. wait until after the election, and then immediate results of it in a lower I wanted to walk us through kind of Congress weighed in and said, no, you price, unless we continue down the pol- the process by which TransCanada has need to make that decision sooner. icy that the President has committed gone through trying to laboriously The State Department’s decision to us to in not constructing this pipeline. apply and comply with all of the rules, go or no go on it has to be based on a Every penny counts in this economy. regulations, and hoops that anybody finding that the pipeline is not in our So I’m proud to be down here on the who tries to do a project of this scope national interest. Transporting this oil floor tonight to talk about this key has to go through. of almost 1.4 million barrels of crude issue and also the bigger issue of mak- They began in September of 2008 and bitunium across this country to ing sure that we stay focused on the when they filed their application for a U.S. refineries would have to not be in American Dream of energy independ- permit to build this pipeline. As has the United States’ best interest. And, ence. been mentioned, the State Department in fact, that’s what the State Depart- And with that, I wholeheartedly join would not be involved in this at all ex- ment found. After we passed the law re- my colleagues tonight. cept for the fact that this pipeline quiring the President to make a deci- Mr. GARDNER. I thank the gen- crosses an international border. If this sion, the State Department suddenly tleman from New York and, again, were just within the United States, the decided that building this pipeline was thank you for your constant leadership State Department and the President no longer in the national interest and on our national energy security. And would be out of the loop in this in- allowed the President then to say what we do harken back to the time just a stance. But because this is an inter- he said. The President’s wrongheaded- few weeks ago when the President gave national problem, then the State De- ness on this issue couldn’t be more self- his State of the Union address, ad- partment gets a whack at this deal. evident on its face. dressed this Chamber, the joint session In April 2010, the State Department I want to talk real quickly about the of Congress. And it reminded me when issued their draft Environmental Im- safety issue. You hear a lot about that. he said, I’m for an all-of-the-above en- pact Study. Then, a couple of months I come from west Texas—Midland, ergy policy, and then vetoed, basically later, in June of 2010, EPA weighed in Odessa, San Angelo. There are thou- with the stroke of a pen, as you said, with the results of their technical re- sands and thousands of miles of pipe- the Keystone pipeline. It reminded me view and said that the draft Environ- line crisscrossing my part of the State. of something that Yogi Berra might mental Impact Study was deficient and In fact, there are three oil pipelines say. Yogi Berra might say, I’m for all- didn’tprovide the scope and the detail, that run through the front yards of the of-the-above energy as long as it’s not people who live across the street from all of the above. That seems to be what if necessary, for decision-makers to make their mind up. Bureaucratic non- me. And we’ve lived there for almost 15 we’re hearing. And with the killing, years now, not a bit of trouble with the with one single signing, of 100,000 jobs, sense for stopping things from going forward, so that it allows one group of pipelines. And they’re inspected all the I think it shows where the real intent time, both inside and out and observed in terms of job creation some people folks in the administration to brag on how hard we’re pushing on this issue, from the air, and this type of stuff. So would have this Chamber try to follow. pipeline safety is not an issue. You mentioned the Department of while all the time they’ve got a back- State. A week ago, last week, we had stop at the EPA that knows that b 2050 Kerri-Ann Jones, Assistant Secretary they’re not going to move anything Drilling safety, by the way, I just of State from the Department of State, forward. wanted to pitch this in real quickly. testify before the Energy and Com- And then October 2010, State Depart- When I left my home yesterday morn- merce Committee and admitted that ment issued a supplemental draft Envi- ing at 5:45 to come here, as I was clos- when it comes to the EIS, the no-pipe- ronmental Impact Study. Only in ing the garage door, I could see the line alternative, there was an alter- America can you come up with these lights on the crown of a drilling rig less native considered under the EIS, the kinds of titles to simply laying a pipe- than a half mile from my house that’s Environmental Impact Statement. One line across this country. Again the in operation. It’s been in operation for of the options they considered was no EPA weighed in and said, no, no, no, about 4 or 5 months now drilling wells pipeline, no pipeline at all. In testi- this supplemental one is deficient, and that are actually that close to my mony before the Energy and Commerce you’ve got to continue to give us infor- house, and it’s being drilled inside the Committee, it was admitted that that mation; although, when asked a little city limits of Midland, Texas. was not the preferable alternative. later on that month, Secretary of So when we talk about not in my That was not the preferable alternative State Clinton was asked at a press con- backyard or all of the other kinds of under the Environmental Impact ference, kind of where are we with re- reasons why people don’t want oil and Statement. So even the Department of spect to the pipeline approval process, gas production around them, I come State admits that the EIS on the pipe- she commented that we’re inclined to from a part of the State where it’s a line envisions the construction of a say ‘‘yes’’ to the pipeline. badge of honor, and, in fact, it’s helpful pipeline. And yet the President said no. And then in April 2011, the EPA again on the 20th of the month each month And so I thank the gentleman from said in a filing that the supplemental when the royalty checks show up. So New York and the thousands of people draft Environmental Impact Study was this industry has a great record of that could be employed by the develop- deficient. being able to operate soundly not only ment of the Alberta oil sands. And I Finally, by August of 2011, the State in the drilling and exploration phases, know the next gentleman, Mr. CON- Department issued its final Environ- but also in the production and trans- AWAY from Texas, that will be address- mental Impact Study, allowing for a portation issues across. ing the Chamber, I don’t know if he has 30-day public comment and a 90-day Let me give you one quick thing, and this statistic right in front of him, but agency comment. And of course it was I’ll close. The Wall Street Journal, on according to testimony, again, before during this agency comment period the 19th, had made a pretty good state- committee, 170 firms supply the Cana- that the State Department decided ment. It said: dian oil sands from Texas, 170 firms that a new route was necessary, that The central conflict of the Obama Presi- that supply the Canadian old sands. the original route that was planned dency has been between the jobs and growth

VerDate Sep 11 2014 12:49 Feb 24, 2017 Jkt 019102 PO 00000 Frm 00150 Fmt 0688 Sfmt 0634 E:\BR12\H01FE2.003 H01FE2 rmajette on DSK2TPTVN1PROD with BOUND RECORD February 1, 2012 CONGRESSIONAL RECORD—HOUSE, Vol. 158, Pt. 1 753 crisis he inherited and the President’s hell- many, many, many misstatements The Keystone XL pipeline is designed for-leather pursuit of his larger social policy from the administration about the to be the safest pipeline in the entire ambitions. The tragedy is that the economic safety, national security implications, world, much safer than all of these recovery has been so lackluster because the jobs of the Keystone XL pipeline. other pipelines that may have been second impulse keeps winning. Yesterday came proof positive with the White House’s While every American can have their there for 50 years. The Keystone XL repudiation of the Keystone XL pipeline, own opinion, no American can have pipeline is going to be put in deeper so TransCanada’s $7 billion shovel-ready their own version of the facts. That’s it doesn’t have the risk of some of the project that will support tens of thousands of why we’re here tonight, to give the things most pipelines have where the jobs if only it could get the requisite U.S. American people the facts. integrity gets compromised because permits. Those jobs, apparently, can wait. This is the Keystone pipeline, as my somebody on the surface drills into it. And a couple of paragraphs later, colleague alluded to. There are actu- They’re putting the pipeline down very succinctly, said, ‘‘This is, to put it ally two Keystone pipelines. The first deeper to avoid that. It’s got all of politely, a crock.’’ one, the little orange line here, that’s these modern systems that monitor the Mr. GARDNER. I thank the gen- the Keystone pipeline, the plain Key- pipeline’s status at a fixed interval so tleman from Texas. stone pipeline. Actually, oil is flowing if there is some sort of problem on it, I will show a map. Mr. CONAWAY, the through that pipeline right now, the it will shut down almost automatically gentleman from Texas, referred to a Steel City, Kansas-Nebraska border and prevent further spills into the Ne- pipeline. The only reason we had the into St. Louis and into Patoka, Illi- braska aquifer. Department of State involved is be- nois. That is happening right now as we All of these pipelines are there. Key- cause it crosses a national boundary. speak today. stone is the safest one, and yet the ad- So you can see the pipeline right here The thing that’s been controversial is ministration didn’t approve it. where it extends. I already have some the dotted line, the Keystone XL pipe- We all know the numbers: 20,000 pipelines, and I know the gentleman, line, which follows a similar path, ends shovel-ready jobs right now; 830,000 PETE OLSON from Texas, will be ad- up in the Gulf States, in my home area barrels of oil flowing a day down the dressing the Chamber shortly and of Houston, Texas, the Port of Houston, port in the southeast Texas ports; en- share even more about this route and and the Port of Beaumont and the Port ergy security, national security. the different pipelines that we’re deal- of Port Arthur. Now I’m going to turn to focus a lit- ing with. The real problem, as I follow my col- tle bit on national security. But again, here it is. Right here. leagues, I want to point out three As the American people know, the That’s the only reason the State De- points: Middle East is as unstable as it has partment is involved. The only reason Little slivers right there, no one been in most of our lifetime. Egypt, that they had a hook to get involved, knows what it is. It’s just an imaginary Libya, Tunisia all have new govern- and, as you can see, the hook was line. Those two cross these points. ments. Syria is on the verge of col- yanked and jobs were killed. Those pipelines cross from Canada into lapse; Yemen, as well. On top of all of I would like to follow up as well with the United States. That’s the only rea- that, we have Iran. Iran that is ac- an editorial from The Detroit News, son why the State Department is in- tively pursuing a nuclear weapon. The Detroit News on the 20th of Janu- volved in this process. Some imaginary The world seems to be growing in its ary. Detroit, Michigan, particularly line between our two countries, and the appreciation of the threat that a nu- hard hit by economic tough times over State Department has the approval au- clear power in Iran has to our whole the past several years. This is the edi- thority. world security. We in Congress here torial: Again, I talked about the two ports passed a bill imposing sanctions on the President Barack Obama is willing to wait down there in the gulf coast in Texas. Iran national bank. The European and wait and wait for 20,000 desperately Those refineries on those ports are the Union passed sanctions on Iran just needed jobs. For someone whose operating safest, most advanced, most efficient this past week preventing them from slogan is ‘‘We can’t wait,’’ it’s curious that refineries in the entire world. That oil purchasing any oil from Iran. But the President Obama is willing to wait and wait will be processed quickly, efficiently, and wait for the Keystone XL pipeline Iranians responded in just the way we project and the 20,000 desperately needed jobs in an environmentally friendly man- thought—with lots of swagger, with it promises. If the ‘‘can’t wait’’ President ner. We’ve just got to get it there. lots of bravado. What’d they do? They keeps dragging his feet, he will hand the Chi- This part right here, the State of Ne- talked about shutting down the Strait nese yet one more competitive advantage braska is the problem. I will go into of Hormuz. over the United States. that a little bit further. b 2100 That’s the Detroit News, January 20. As the American people can see, this Again, just a couple weeks ago. is a map of the central part of the The Iranians shut down this water- I know the gentleman from Texas United States where the Keystone pipe- way. This choke point is a very real (Mr. OLSON) has been very involved in line comes through; and just to get you threat to our world’s economic sta- the Energy and Commerce Committee. oriented here, the yellow line that’s bility and growth. He’s been standing up for his State, en- hard to see, that’s the Keystone pipe- I may be the only Member of Con- ergy security jobs that would be cre- line, the one that’s existing right now, gress who has flown missions as a pilot ated. And I’m sure he knew this al- the one that actually oil is flowing to in the United States Navy, as a naval ready, but in Texas alone, the develop- Illinois as we speak. aviator, through the Strait of Hormuz. ment of the Alberta oil sands could cre- The dark green line here is a pro- It’s narrow. It’s about 25 miles at its ate as many as 27,000 jobs over the next posed path for the Keystone XL pipe- narrowest point. In my hometown, 4 years. line. And the reason the administra- that’s basically the distance between With that, I would yield to the gen- tion has given for not approving this Houston and Galveston. It’s shallow, tleman from Texas. pipeline is because of this big pink 200 feet. A football field is longer than Mr. OLSON. I thank my colleague area, and that’s the Ogallala Aquifer the Strait of Hormuz is deep. from Colorado and my brother on the that runs through most of Nebraska As you can see, the sea links, where Energy and Commerce Committee. and, as you can see, goes into my home the tankers all cruise through, are very They say that imitation is the sin- State of Texas. close to Iran. They’re not out in the cerest form of flattery. I’ve got the All of these other lines here, all of middle of the strait. This little island same chart that you have. these little arteries, all of these little over here, Abu Musa, is an Iranian is- I want to focus my discussion tonight spinoffs, these dark lines, you know land, so all of the traffic going through on national security. I want to make what those are? Those are pipelines, that strait has to pass basically sure that the American public under- pipelines that go in all through that through Iran on one side and Iran on stands the truth. I mean, there’s been aquifer. the other side.

VerDate Sep 11 2014 12:49 Feb 24, 2017 Jkt 019102 PO 00000 Frm 00151 Fmt 0688 Sfmt 0634 E:\BR12\H01FE2.003 H01FE2 rmajette on DSK2TPTVN1PROD with BOUND RECORD 754 CONGRESSIONAL RECORD—HOUSE, Vol. 158, Pt. 1 February 1, 2012 I’m not worried about my Navy hav- The Department of State has deter- With that, I yield to the gentleman ing access through those straits. They mined, through a review of the Alberta from South Carolina, who has been can handle any situation the Iranians Clipper project application, that the very active in the fight for jobs in his throw up. What I fear and am con- Alberta Clipper project would serve the home State and across this country. cerned about is all the tanker traffic national interests in a time of consid- Mr. DUNCAN of South Carolina. I ap- that is currently going through those erable political tension in other major preciate the gentleman from Colorado straits. Thirty percent of the world’s oil-producing regions and countries by for allowing me to have a little time to oil goes through those straits to Eu- providing additional access to an ap- talk about this. rope, to our country, to Asia. If those proximate, stable, secure supply of Canada is our largest and best trad- straits are shut down for any given pe- crude oil with minimum transportation ing partner. A good friend of mine was riod of time, our world will go into an requirements from a reliable ally and an ambassador to Canada, and I had economic collapse. trading partner of the United States the opportunity up there to talk with We’ve seen this in the past. When I with which we have free trade agree- him about this issue and why it’s im- was a young man and started driving in ments and further augments the secu- portant to the United States. Why Key- the late seventies—16 years old—it was rity of this energy supply. stone XL pipeline? How about the re- this country, again, that was the prob- If that were true 3 years ago for this fining capacity we’ve got in the gulf? lem. The Shah of Iran fell. The pipeline, isn’t it more true today for How about the refining jobs that would Mullahs, who are in power right now, the Keystone XL pipeline? Why doesn’t be provided in a very hard-hit, post-Ho- took over. We supported the Shah, and the President approve the pipeline im- rizon gulf State economy? The gentleman from Texas was very all the Arab nations involved in OPEC mediately and give our country energy clear. They understand in Texas, as put an embargo on the United States. security and more national security? Overnight, we lost all this oil flowing I know why the President did it. It’s they do in North Dakota, that energy is a segue to job creation. If you look through the strait. very clear. I mean, when it first started at the unemployment rate in Texas or What happened? coming out, all the wings of the admin- in North Dakota, North Dakota has 3 My colleague from Colorado talked istration were saying, Well, we can’t percent unemployment. If you’re look- about gas prices going up. They dou- make a decision until sometime in 2013. bled in about a week’s period. I mean, ing for a job in this country, America, The American people know what hap- I remember because my job as the new go to North Dakota. There are good- pens between now and 2013. There is a guy with a license—and I loved doing it paying energy jobs right there today, Presidential election. The American because I was driving, man—was to get and if we can get Keystone XL pipeline people need a leader. They need some- in the car and go down. It depended on to be a reality, we’ll have good-paying, one who will step up and do what’s what the last digit was on your license long-term jobs in the refineries in Lou- right for the country and do what’s plate. If it were an odd or even day, isiana, Texas, Mississippi, Oklahoma, right for our security. you could go get in the gas line. On and in all the places that we’re going. I would like to close by using a quote some days it was 30 minutes, and on What I would like to talk about are from the Father of the United States some days an hour and a half. But my the President’s own words. He said in Navy—my Navy—Admiral John Paul job was to get in that line and sit there his statement—and this is from the Jones. He was in a battle with the Brit- and wait until I got up there and could White House’s Web site—that the ish ship Superior, with more speed, pump gas in the car. rushed and arbitrary deadline insisted Again, gas prices went from 25 cents more guns. His ship was getting blown on by congressional Republicans pre- a gallon, which we can’t imagine up pretty good. vented a full assessment of the pipe- today, to 50 cents overnight. If those The British captain, the guy with line’s impact. straits were to shut down tomorrow those little megaphones, yelled over to Now, how long has this been going on with gas prices going up as they are Admiral John Paul Jones and asked, that they’ve been doing the environ- right now, which is approaching $4 all ‘‘Sir, will you surrender?’’ mental impact assessment that you the way across the country, we could Admiral John Paul Jones said those talked so brilliantly about? I came to see almost $10 a gallon overnight—$10 a immortal words that every sailor Congress last year. This was going on gallon. So we can’t diminish this knows. He yelled back, ‘‘Sir, I have not well before I came here. A rushed as- threat that the straits will shut down. yet begun to fight.’’ sessment? Under the Obama adminis- How do we fix this? How do we ad- The American people should know tration, with an $800 billion stimulus dress it? that House Republicans have not yet package and an unprecedented growth It’s simple. We develop energy begun to fight for the Keystone XL in government, don’t you think that we sources right here in North America. pipeline. had the personnel in the Department of The administration and State Depart- Mr. GARDNER. I thank the gen- Energy to deal with this and to do the ment have proven in the past that they tleman for his leadership tonight. assessment in a timely manner in order will approve a pipeline based on the Before he leaves the Chamber and be- to approve a pipeline that would pro- considerations I talked about. Let me fore I yield to the gentleman from vide, not only American energy inde- give you an example of that. South Carolina, I think it’s, again, im- pendence, but North American energy There are lots of pipelines coming portant to talk about something that independence? This would be buying oil from Canada to our country. Just to you mentioned in the very beginning of and natural gas from our largest and get the listeners oriented again, the your comments. The only reason the best trading partner, our friends in dark blue line here is the Keystone XL State Department was involved is that Canada, and providing good-paying jobs pipeline. Well, actually, the dotted line it crossed the border. The only reason in America. is the Keystone XL coming down here. they were allowed to kill 100,000 Amer- I want America to listen to what the The blue line is the Keystone XL pipe- ican jobs is because it crossed the bor- President also said in his own state- line. The pipeline I want to talk about der. ment. He said that he was disappointed is the Alberta Clipper pipeline. The Al- If the pipeline were built from Fargo, that Republicans focused on this deci- berta Clipper pipeline is the yellow one North Dakota, to Houston, Texas, sion. We should focus on this decision. coming here, right here to the point would they have been involved? This is about American energy inde- there, which I believe is Lake Superior, Mr. OLSON. No, sir. pendence, and it’s about jobs. Yet he but it’s right there in the northern part Mr. GARDNER. Again, to the Amer- goes on to say, But it does not change of Minnesota. When that was approved ican people, we’ve heard asked often by my mind, and this administration’s a couple of years ago, here is what the Members of this body: Where are the commitment to American-made energy State Department said. This is their jobs? I think we need to start asking: that creates jobs—and listen closely— Record of Decision and National Inter- Why not these jobs? and reduces our dependence on oil. Pe- est Determination: I thank the gentleman from Texas. riod. It’s not reducing our dependence

VerDate Sep 11 2014 12:49 Feb 24, 2017 Jkt 019102 PO 00000 Frm 00152 Fmt 0688 Sfmt 0634 E:\BR12\H01FE2.003 H01FE2 rmajette on DSK2TPTVN1PROD with BOUND RECORD February 1, 2012 CONGRESSIONAL RECORD—HOUSE, Vol. 158, Pt. 1 755 on foreign oil; it’s not reducing our de- just highlight the support the Key- Alaska. I know that there are some pendence on Middle Eastern oil and on stone pipeline has across this country. people, even from this body, who have oil from countries that oftentimes Again, you can see the people who be- been taken up by so-called environ- don’t like us very much. It’s the less- lieve that job creation, American en- mental groups and taken to areas of ening of our dependence on oil. Period. ergy security matters. It matters be- ANWR that are beautiful and are cer- That is the dynamic that is driving cause we can create jobs now. We have tainly worth keeping pristine, not this administration’s policies, and an opportunity to develop our North taken within 100 miles of the little area America needs to know that. These re- American resources, to reduce our reli- that we passed today to allow drilling sources don’t belong to President ance on overseas oil. in. Obama. They belong to the American The question that these supporters It’s a tiny part of the area that people, and it’s time we step up to the ought to be asking tonight is whether Jimmy Carter as President set aside plate and we use energy as a segue to or not they want to give up this project back in the 1970s to allow drilling be- job creation in this country. We trade to China. I don’t think they want cause there’s nothing there. There’s with trading partners that like us, China to win. And yet that’s the deci- not a tree, a bush, anything that’s liv- friendly trading partners within our sion this administration has made— ing in that area in the way of wildlife. own hemisphere. It’s North American 100,000 jobs, American energy security. They can’t stay because there’s noth- energy independence, and the Keystone With that, Mr. Speaker, I yield back ing to sustain them. They have to go XL pipeline is the answer to putting the balance of my time. out of there and go to the pristine Americans back to work. f areas. That’s why Jimmy Carter set it b 2110 HONORING LIEUTENANT GENERAL aside as someplace we could drill. Mr. GARDNER. Thank you, the gen- WILLIAM G. BOYKIN Yet the wrong-headed approach of tleman from South Carolina, getting to The SPEAKER pro tempore (Mr. this administration is to continue to the passion which so many Members TURNER of New York). Under the put off limits our own natural re- have tonight throughout this fight to Speaker’s announced policy of January sources. But that’s only one aspect of create American jobs. 5, 2011, the gentleman from Texas (Mr. things that are going wrong in this I yield to the gentleman from Vir- GOHMERT) is recognized for 30 minutes. country with this administration. ginia (Mr. GRIFFITH) who has also been ENERGY LIEUTENANT GENERAL WILLIAM G. BOYKIN a leader when it comes to energy secu- Mr. GOHMERT. Mr. Speaker, it’s an So tonight I want to pay tribute to a rity and American energy production. honor to be here before you tonight. great American hero who has been de- Mr. GRIFFITH of Virginia. Thank There’s so much going on in this coun- meaned, a man who has spent most of you very much. I appreciate these few try, so many threats to our national his life as an American hero fighting minutes to speak. security, and energy is one of them. for Americans to have freedom of You know, I have been sitting here I am so proud to be a Member of Con- speech, and yet being condemned and listening to everybody speak, and very, gress with the freshmen that I have disallowed the opportunity to have the very good points have been made by so heard here tonight. They make the rest freedom of speech he repeatedly, over many of the speakers. And it does come of us look good, and I’m so grateful for and over, laid down his life or was will- down to a couple, simple things. It was their discussion about energy. ing to lay down his life to provide for a tough decision for the President, not It doesn’t make any sense to have the rest of us, that is Lieutenant Gen- because he didn’t have the ability to more energy overall than any country eral William G. Boykin, retired. make that decision, and not because he in the world and then to pay billions, He’s a former commander of the didn’t have the ability and the mate- and hundreds of billions of dollars, to United States Army, Special Forces. rials to make that decision. As you people, many who don’t like us. They He was a founding member of the Delta know, in our hearing last week Con- want to bring down this Nation, and Force. He’s also known for his devotion gressman LEE TERRY brought in stacks yet we’re enriching them, actually to the Christian faith, which at one and stacks of studies that have been engorging them on our money. time in this country, in fact, for 99.9 done on this pipeline. And then we have a solution. One lit- percent of this country’s history, it But I think of it in terms of my tle part of this solution is the Keystone was considered a good thing to be a daughter, Abby, who’s a sixth-grader pipeline, more oil coming from our person of faith and devoted particu- back home. Abby doesn’t like to do her friends in Canada, who actually are larly to a Christian faith. homework. She would much rather be friends. They don’t want to see this talking to her friends or watching TV. country taken down. They don’t want Jerry Boykin, Lieutenant General President Obama apparently doesn’t to see this country attacked again like Boykin, graduated from Virginia Tech like to do his homework either. He it was on 9/11. Then we had a hearing in 1971 and received his Army commis- would much rather be speaking to today on energy in our Natural Re- sion. By 1980, he was the Delta Force friends that tell him how great he is or sources Committee, and we’re trying, operations officer on the April 24–25 being on TV. we were trying to pass legislation out Iranian hostage rescue attempt. The bottom line is the same: I have of committee that would allow us to Now, I talked to General Boykin to tell Abby from time to time, Abby, provide more of our own energy. about that before and consider him to go do your homework. Read your mate- But the wrong-headed approach of be a friend. Something that I had heard rials. this administration and some people on back during my days in the service was The American people need to tell the other side of the aisle that is forc- something that General Boykin said President Obama on Keystone pipeline, ing us to pay billions of dollars to com- was above his grade back then, 1979– why can’t you read the materials? It’s panies that have no good plan for pro- 1980. It would be interesting to hear all there for you. Quit making speeches ducing energy, but a great plan for someone from the Carter administra- about jobs and take action after you bilking, sucking the money out of this tion actually provide documentation of have done your homework. Do it and administration, ready to throw it on the actual decision to reduce the num- do it now, and bring us the jobs you any whim that they can say somehow ber of helicopters that would be uti- keep talking about. Get off the tele- is a green job. Well, it seems to be lized to go into Iran to a staging area phone, get off the speaking circuit, and more brown in color from where I come hundreds of miles inside Iran, meet up put your nose to the grindstone and get from. with C–130s—other equipment, rather, the job done. But anyway we voted today in Nat- that was there in the staging area, and Mr. GARDNER. I thank the gen- ural Resources to once again allow then from there stage the rescue effort tleman for his time tonight, and again, drilling in this tiny area out of the that would go into Tehran and get our as we wrap up our discussion, we will Arctic National Wildlife Refuge in hostages.

VerDate Sep 11 2014 12:49 Feb 24, 2017 Jkt 019102 PO 00000 Frm 00153 Fmt 0688 Sfmt 0634 E:\BR12\H01FE2.003 H01FE2 rmajette on DSK2TPTVN1PROD with BOUND RECORD 756 CONGRESSIONAL RECORD—HOUSE, Vol. 158, Pt. 1 February 1, 2012 b 2120 Some of them did. In October 1993, Colonel Boykin was The story I would love to see docu- I would have hoped over the years in command of the Delta Force track- mentation on, the thing that I heard as the lesson learned from Vietnam would ing down militia leader Mohamed a member of the U.S. Army years ago, have been not that that was not a win- Farrah Aidid in Somalia, during which was that the original plan had at least nable war, as our colleague here, SAM time the infamous battle of Mogadishu 12 helicopters that were going to be JOHNSON, could tell. After 2 weeks of took place. Some might recognize that utilized to go into the staging area, but carpet bombing after North Vietnam as the Black Hawk Down scenario. the Carter administration believed had left the negotiation table, 2 weeks That was the event. that it might look too much like an in- of carpet bombing, they came back. But April 1998 to February of 2000, Jerry Boykin served as the com- vasion. So the word was back then that And as the Hanoi Hilton prisoners were manding general of the U.S. Army Spe- we heard, the Carter administration or- taken away, SAM said the meanest, one cial Forces Command Airborne at Fort dered the 12 helicopters reduced to of the meanest officers, at the Hanoi Bragg, North Carolina. eight so it wouldn’t look like an inva- Hilton was laughing and said: You stu- pid Americans. If you’d bombed us for From March 2000 to 2003, he was the sion, and that there were those who commanding general, United States were engaged in the planning who said, one more week, we would have had to surrender unconditionally. Army John F. Kennedy Special War- you know what, we need 12 because the fare Center, Fort Bragg, North Caro- mission must have six helicopters to go Instead of being done in the seventies, that could have been done early in lina. forward from the staging area. These In June of 2003, General Boykin was the sixties. The lesson of Vietnam turbine engines will cross hundreds of appointed deputy Under Secretary of should have been we don’t send our miles of sand, and we have to count on Defense for Intelligence under Dr. Ste- perhaps a 50 percent loss of helicopters military, men and women, anywhere in phen Cambone, Under Secretary of De- coming to the staging area. Since we the world on our behalf unless we give fense for Intelligence. know we need six, we want to start out them the equipment to do the job, un- b 2130 with 12 so we have a better chance of less we give them the order to go win getting six to the staging area. whatever it costs. Win and come home. Lieutenant Boykin retired on August We knew where the hostages were, That should have been the lesson, but 1, 2007 and currently teaches at Hamp- and yet people in the administration, it wasn’t learned in Vietnam. den-Sydney College. General Boykin is ultimate responsibility resting with And it apparently wasn’t learned dur- the author of ‘‘Never Surrender: A Sol- the President, decided let’s take more ing the failed rescue attempt under the dier’s Journey to the Crossroads of of a chance with the people we are put- Carter administration. But these were Faith and Freedom’’ and also ‘‘Danger ting at risk, sending in as the Delta American heroes who put their lives at Close: A Novel’’ as well as ‘‘Kiloton Force. Let’s put them even more at risk for an administration that didn’t Threat,’’ a novel. risk making them go in with fewer hel- fully appreciate what was involved. General Boykin attended the United icopters. General Boykin, in February 2003, States Armed Forces Staff College, And as though Delta Force at the had two stars as an Army general. He Army War College, Shippensburg Uni- time knew, all they knew apparently was commander of the John F. Ken- versity where he received a master’s was they get to the staging area, if nedy Special Warfare Center at Fort degree. His badges include the Master they don’t have six helicopters, then Bragg and was about to interview with Parachutist Badge, Military Freefall Badge, Ranger Tab, Special Forces the mission will be aborted, and they’ll Secretary Rumsfeld for his third star Tabs. Medals include the Distinguished have to turn around and go back. And nomination. Service Medal, the Defense Superior since they were ordered to come in He had received two Purple Hearts: Service Medal with three oak leaf clus- with eight instead of 12 or more, they one for Grenada in 1983, the other for ters, and the Legion of Merit with an got to the staging area with five. These Mogadishu, Somalia, in 1993. He was involved as a commander in the Black oak leaf cluster. This is a real hero. He American heroes who were not given also received the Bronze Star, Air adequate resources to go in and rescue Hawk Down scenario. From 1978 to 1993, General Boykin Medal, Purple Heart with an oak leaf our hostages in Iran by an administra- cluster. tion you would have thought under- was assigned in various capacities to Delta Force. With Delta Force, he This is an American hero, ready re- stood and appreciated the military, but peatedly to lay down his life for our oversaw the rescue of CIA operative apparently did not adequately. Even right to free speech, to the freedoms we Kurt Muse from a Panamanian prison though President Carter had been in know and love; and yet he was not so and the capture also of Manuel the military, you would have thought well treated. People thought it was in- Noriega, the brutal dictator who put he understood. They get to the staging appropriate that a general would say, area, there are five helicopters, and the Kurt Muse in that prison. basically, the same things that Frank- mission is aborted. In Colombia, our hero, Jerry Boykin, lin Roosevelt did, things like Franklin One explanation was when one heli- helped hunt down the drug lord Pablo Roosevelt said in his prayer on D-Day copter pilot was trying to lift off, once Escobar. He also hunted war criminals as he prayed on the radio, national they knew it was aborted, everyone in Bosnia. He helped rescue hostage radio broadcast. was anxious to get out. A helicopter missionaries in Sudan. He tracked kid- And during that radio broadcast, started up. Obviously, the sand swirls nappers in El Salvador. He spent 13 Franklin Roosevelt prayed for our and it’s easy to get vertigo and lose years with Delta Force. And as I men- troops against those forces of evil. I be- sense of direction, and the helicopter tioned before, he was not only a found- lieve he used the word ‘‘crusade’’ in went sideways, cut into a C–130, and we ing member of Delta Force but also there. And yet Franklin Roosevelt was left heroic Americans on the desert was later its commanding officer. never excoriated or crucified for the floor in Iran, a terrible embarrassment. In October of 1983, Major Boykin language he used in the prayer because And to this former soldier, I didn’t worked as an operations officer during people knew he cared about our troops. think it was an embarrassment to the Operation Urgent Fury in Grenada. People knew that he cared about Amer- Delta Force that was sent in. They During a dawn assault to free some icans having freedom. So they never were ready to fight and die, but their Grenada government officials held by went after Franklin Roosevelt the way orders were to go in. They were sent in the Marxist People’s Revolutionary they have come after Jerry Boykin. without adequate helicopters; and Army, Boykin was shot in the arm General Boykin was invited to speak when the mission did not go forward, with a .50 caliber round, splitting the at West Point this year. My under- people lost their lives. bone completely in two. He was told he standing is he was going to be speaking But as we know from the old poem: would never use it again, but almost to West Point cadets at our U.S. mili- Theirs was not to reason why miraculously his arm healed, which tary academy, cadets who were Chris- Theirs was but to do and die. Boykin again believed was a God thing. tians, about how a Christian in the

VerDate Sep 11 2014 12:49 Feb 24, 2017 Jkt 019102 PO 00000 Frm 00154 Fmt 0688 Sfmt 0634 E:\BR12\H01FE2.003 H01FE2 rmajette on DSK2TPTVN1PROD with BOUND RECORD February 1, 2012 CONGRESSIONAL RECORD—HOUSE, Vol. 158, Pt. 1 757 service of the United States reconciles lieved in. At one point, he issued an The message is coming loud and clear his faith, his commitment to God, and order that you couldn’t take God’s to our military: If you’re a Christian, if his commitment to country. I would name in vain. His approach was, how you’re a person of faith, as dem- imagine most of us who are Christians can we ask God for blessings and pro- onstrated through George Washing- who served in the United States mili- tection with the same mouth that is ton’s life and times, you better keep tary had those inner questions. Some taking His name in vain? I can assure your mouth shut or this administra- of us found answers in Scripture, found you when I was in the Army, that was tion and those who are in charge of po- answers in wise counsel, and found a not a standing order. litical correctness will see to it that peace afforded through prayer. George Washington is the only per- you regret being so. Wise counsel is what I get anytime I son in the history of the world—just There’s another article by Rebecca talk to General Boykin. This incredible down the Hall he is depicted in a paint- Leung, ‘‘The Holy Warrior,’’ it’s enti- man, this American hero, who should ing resigning. He did the unthinkable. tled, another interesting article. This be an American icon, was told he really King George couldn’t believe it. He led goes right along with this administra- should withdraw his acceptance of the a military in a revolution, won the rev- tion’s zeal to avoid recognizing the invitation to come and speak because olution as head of the military, ten- enemy against us. West Point, our U.S. military acad- dered his resignation, gave back all the I, along with DANA ROHRABACHER, emy—not the military—but the people power and went home. STEVE KING, LORETTA SANCHEZ, we met that this administration put in place, Recently, I stopped for refueling in with Northern Alliance leaders, includ- were too embarrassed to have this the Maldives Islands. One of the leaders ing General Dostum, the hero in fight- American hero come speak to Christian during a luncheon, we were talking, ing the Taliban. Now, these are Mus- cadets at the United States military said, we have to constantly worry lims. Some try to paint us as academy where we also have a politi- about the possibility of a military xenophobes, Islamophobes. cally correct czar who monitors such coup. This man on the other side of the Isn’t it interesting, that term came things and makes sure we don’t offend world said, see, because we never had a as a strategy to try to scare off, embar- the people who want to kill us and de- George Washington who set the proper rass, humiliate people who stood up for what was right against Muslim terror- stroy our way of life. pattern here. So pressure was put, gee, the mili- George Washington was a man of ists who want to destroy us, trying to tary academy, those in power allowed faith. Anyone who doubts that can read intimidate us into not using the word to be there by this administration, Peter Lillback’s book ‘‘George Wash- ‘‘Muslim.’’ For heaven’s sake, we with the political correctness in full ington’s Sacred Fire.’’ Well, there’s an know. They’re our Muslim friends. The display, didn’t want to withdraw the article yesterday, from Todd Starnes: Northern Alliance, they’re our allies. They’re Muslims. We talked about it. invitation. They thought it would be The U.S. Military Academy pressured a retired U.S. lieutenant general to withdraw We met with some Baluks from south- better if he backed out of coming. This from speaking at a West Point prayer break- ern Pakistan, their leaders there. American hero will do anything his Na- fast after Muslims and atheists complained, They’re Muslim. They’re our friends. tion needs him to do, and he did some- Fox News has learned. Retired Lieutenant They don’t want to destroy us. They thing that I’m not sure I would have General William Boykin was scheduled to de- want to support us, and some of us done. He said, sure, you don’t want me liver a speech at West Point on February 8, want to support them. to come, I withdraw my acceptance, I but late Monday the military academy released a statement saying he had decided to And yet this administration has such won’t come. He canceled. a wrongheaded approach to those who This American hero who has repeat- withdraw from speaking and would be replaced by another speaker. However, a want to destroy our way of life. It can edly put himself between America and source close to the controversy told Fox best be illustrated in this chart illus- harm is not afforded freedom of speech. News & Commentary that Boykin was pres- trating political correctness run amok. United States military academy ca- sured to withdraw. ‘‘It was very clear they The 9/11 Commission report was pre- dets, because of this administration’s wanted General Boykin to withdraw,’’ said pared in a bipartisan fashion before approach, surely must feel that, gee, the source who asked not to be identified. people knew that the Organization of it’s not a good thing to be a Christian b 2140 Islamic States, the Islamic Society of in America if you’re going to really And after you see what they’ve done North America, CAIR would make such live your faith. It’s not appropriate to to an American icon like General attacks on those who dare to point out wrestle with religious issues unless, of Boykin, you certainly understand why. that even though it’s not the mass course, you’re a Muslim like Major ‘‘He asked them to rescind the invitation, Muslim population who are our enemy, Hasan, because if you want to speak but they were reluctant to do that. So he there are those small groups within the freely, in Major Hasan’s case, of course, said he would take them off the hook. Muslim community who want to de- and the private who was ready to kill Theresa Brinkerhoff, a spokesperson for stroy our way of life. How can you un- people in the service with him as Major West Point, told Fox News & Commentary derstand and anticipate your enemy’s Hasan did, this military with this ad- that the U.S. Military Academy ‘‘did not de- actions, the enemy that has sworn to ministration’s overblown political cor- cide this for him.’’ destroy you, unless you study what rectness would not even deal with the Nothing is worse than political cor- they believe and you understand what private who did the same kind of inter- rectness and mistreatment of military their approach is and you understand view as Major Hasan, that’s made the heroes than dishonesty in doing so. that people like Ahmadinejad—I’m same kind of statement that Major ‘‘After a conversation with our chaplain, running out of time. Hasan did. Lieutenant General Boykin decided to with- Well, let me conclude by just point- He was on the Internet basically say- draw,’’ Brinkerhoff wrote in an email. ing to this chart. In the commission re- ing if they make me deploy, I’ll have to Boykin, a former senior military intelligence officer, had been criticized for port, 322 times Islam is mentioned; kill troops to avoid having to go face speeches he made at evangelical Christian jihad is mentioned 126 times. And now Muslims and possibly kill Muslims for churches where he said that America’s it is inappropriate, under this adminis- one of the reasons that we’re not al- enemy is Satan, that God had put President tration, to mention jihad. It’s inappro- lowed to kill other Muslims. I’ll have Bush in the White House, and that a Muslim priate for our Justice, Intelligence, to kill Americans. Somali warlord was an idol worshiper. State to talk about jihad. It doesn’t What’s wrong with this picture? It That was enough to decide to try to mention al Qaeda. It doesn’t mention certainly wasn’t a problem for the destroy an American hero. Hezbollah, Hamas, sharia. greatest American general, the great- Army Times has an article, ‘‘Retired This administration has run aground, est American leader in the history of 3-Star’s West Point Invite Draws Pro- and they have brought their ship right the world, a general named George test,’’ all about the controversy. New on top of real American heroes. Washington. He believed so fervently in York Times, ‘‘General Withdraws from With that, Mr. Speaker, I yield back the same things that Jerry Boykin be- West Point Talk.’’ the balance of my time.

VerDate Sep 11 2014 12:49 Feb 24, 2017 Jkt 019102 PO 00000 Frm 00155 Fmt 0688 Sfmt 0634 E:\BR12\H01FE2.003 H01FE2 rmajette on DSK2TPTVN1PROD with BOUND RECORD 758 CONGRESSIONAL RECORD—HOUSE, Vol. 158, Pt. 1 February 1, 2012 LEAVE OF ABSENCE responsible for posting committee docu- Amendments adopted by committees; Com- ments in a searchable PDF format in an ap- mittee record votes. By unanimous consent, leave of ab- propriate location on the committee major- Although not required by House rules, sence was granted to: ity’s website. XML versions of documents, committees are encouraged to post addi- Mr. CARSON of Indiana (at the request when available, should be posted at the same tional committee documents online, includ- of Ms. PELOSI) for today and the bal- location. ing oversight plans, committee transcripts, ance of the week on account of busi- VIDEO REQUIREMENTS committee prints, and committee activity reports. ness in the district. Committee video of hearings and markups f will be stored by the House to meet require- HOUSE DOCUMENTS ments for archiving, access, searchability, The Committee on House Administration PUBLICATION OF COMMITTEE and authenticity. directs the Clerk of the House to establish a MATERIALS ADDITIONAL REVIEW AND REISSUANCE centralized website where Members and the public can access all House documents in a STANDARDS FOR THE ELECTRONIC POSTING OF To ensure documents are made available in downloadable, open format within the time HOUSE AND COMMITTEE DOCUMENTS & DATA user-friendly formats that preserve their in- frames established by House Rules. This cen- COMMITTEE ON HOUSE ADMINISTRATION tegrity, these standards will be subject to tralized location shall be established for periodic review and reissuance by the Com- COMMITTEE RESOLUTION 112– House Documents no later than January 1, mittee on House Administration. It is the in- Adopted on December , 2011lll 2012. tent of the Committee to implement stand- STANDARDS FOR THE ELECTRONIC POSTING OF ards that require documents to be electroni- f HOUSE AND COMMITTEE DOCUMENTS & DATA cally published in open data formats that are Resolved, That the following regulations, machine readable to enable transparency and ENROLLED BILLS SIGNED collectively referred to as the ‘‘Standards for public review. the Electronic Posting of House and Com- In accordance with the Speaker’s initiative Karen L. Haas, Clerk of the House, mittee Documents & Data’’, are hereby to increase transparency of House and com- reported and found truly enrolled bills adopted, as follows: mittee operations, the Committee on House of the House of the following titles, XML STANDARDS Administration, as directed by House Rules, which were thereupon signed by the Committees are encouraged to post docu- has established the following standards for Speaker: ments in XML when possible and should ex- posting House and committee documents and H.R. 3800. An act to amend the Internal pect XML formats to become mandatory in data electronically. These standards will be Revenue Code of 1986 to extend the funding the future. The Office of the Clerk will up- phased in and subject to periodic review and and expenditure authority of the Airport and date XML standards as required to support reissuance. The standards are intended to en- Airway Trust Fund, to amend title 49, United these documents. The XML standards will be sure that Members and the public have easy, States Code, to extend authorizations for the publically available at http://xml.house.gov. advance access to legislation considered by airport improvement program, and for other the House and its committees. FILE NAMING STANDARDS purposes. DOCUMENTS AND DATA COVERED BY STANDARDS H.R. 3801. An act to amend the Tariff Act The Office of the Clerk will publish and The following House and committee docu- of 1930 to clarify the definition of aircraft maintain naming standards for each documents and data files are covered under these and the offenses penalized under the aviation ment to be posted. These standards will fa- standards: smuggling provisions under that Act, and for cilitate automated searching and uploading House Documents: other purposes. of such documents. Files will be posted using Bills to be considered by the House; Reso- permanent URL links. These links will fa- lutions to be considered by the House; f cilitate outside and committee usage of Amendments to be considered by the House; these files. In addition, permanent URL Conference Reports to be considered by the ADJOURNMENT links will allow each archived committee House. website to maintain functionality. Mr. GOHMERT. Mr. Speaker, I move Committee Documents: that the House do now adjourn. COMMITTEE DOCUMENTS Committee rules; Bills to be considered by The motion was agreed to; accord- The Committee on House Administration the committees; Resolutions to be consid- ingly (at 9 o’clock and 44 minutes further directs that the Clerk provide addi- ered by committees; Prints or other legisla- tional functionality on the centralized tive text intended to serve as the base text p.m.), under its previous order, the website for House documents to support for further amendment; Meeting Notices; House adjourned until tomorrow, committee documents; until the completion Witness Lists; Witness testimony; Truth in Thursday, February 2, 2012, at 10 a.m. of such functionality, House committeesh are Testimony disclosure forms; Public notices; for morning-hour debate. EXPENDITURE REPORTS CONCERNING OFFICIAL FOREIGN TRAVEL Reports concerning the foreign currencies and U.S. dollars utilized for Official Foreign Travel during the fourth quarter of 2011 pursuant to Public Law 95–384 are as follows: REPORT OF EXPENDITURES FOR OFFICIAL FOREIGN TRAVEL, COMMITTEE ON AGRICULTURE, HOUSE OF REPRESENTATIVES, EXPENDED BETWEEN OCT. 1 AND DEC. 31, 2011

Date Per diem 1 Transportation Other purposes Total U.S. dollar U.S. dollar U.S. dollar U.S. dollar Name of Member or employee Country Foreign equivalent Foreign equivalent Foreign equivalent Foreign equivalent Arrival Departure currency or U.S. currency or U.S. currency or U.S. currency or U.S. currency 2 currency 2 currency 2 currency 2

HOUSE COMMITTEES Please Note: If there were no expenditures during the calendar quarter noted above, please check the box at right to so indicate and return.◊ 1 Per diem constitutes lodging and meals. 2 If foreign currency is used, enter U.S. dollar equivalent; if U.S. currency is used, enter amount expended. HON. FRANK D. LUCAS, Chairman, Jan. 23, 2012.

REPORT OF EXPENDITURES FOR OFFICIAL FOREIGN TRAVEL, COMMITTEE ON ETHICS, HOUSE OF REPRESENTATIVES, EXPENDED BETWEEN OCT. 1 AND DEC. 31, 2011

VerDate Sep 11 2014 12:49 Feb 24, 2017 Jkt 019102 PO 00000 Frm 00156 Fmt 0688 Sfmt 8634 E:\BR12\H01FE2.003 H01FE2 rmajette on DSK2TPTVN1PROD with BOUND RECORD February 1, 2012 CONGRESSIONAL RECORD—HOUSE, Vol. 158, Pt. 1 759 2 If foreign currency is used, enter U.S. dollar equivalent; if U.S. currency is used, enter amount expended. HON. JO BONNER, Chairman, Jan. 5, 2012.

REPORT OF EXPENDITURES FOR OFFICIAL FOREIGN TRAVEL, COMMITTEE ON HOMELAND SECURITY, HOUSE OF REPRESENTATIVES, EXPENDED BETWEEN OCT. 1 AND DEC. 31, 2011

Hon. Michael McCaul ...... 11/5 11/6 Turkey ...... 406.00 ...... (3) ...... 406.00 11/6 11/6 Afghanistan ...... (3) ...... 11/7 11/9 Pakistan ...... 598.46 ...... (3) ...... 598.46 11/9 11/10 Dubai ...... 502.19 ...... (3) ...... 502.19 11/10 11/10 Iraq ...... (3) ...... 11/11 11/11 Germany ...... 111.09 ...... (3) ...... 111.09 Hon. Jeff Duncan ...... 11/5 11/6 Turkey ...... 406.00 ...... (3) ...... 406.00 11/6 11/6 Afghanistan ...... (3) ...... 11/7 11/9 Pakistan ...... 598.46 ...... (3) ...... 598.46 11/9 11/10 Dubai ...... 502.19 ...... (3) ...... 502.19 11/10 11/10 Iraq ...... (3) ...... 11/11 11/11 Germany ...... 111.09 ...... (3) ...... 111.09 Hon. Henry Cuellar ...... 11 /5 11 /6 Turkey ...... 406.00 ...... (3) ...... 406.00 11/6 11/6 Afghanistan ...... (3) ...... 11/7 11/9 Pakistan ...... 598.46 ...... (3) ...... 598.46 11/9 11/10 Dubai ...... 502.19 ...... (3) ...... 502.19 11/10 11/10 Iraq ...... (3) ...... 11/11 11/11 Germany ...... 111.09 ...... (3) ...... 111.09 Nick Palarino ...... 11 /5 11 /6 Turkey ...... 406.00 ...... (3) ...... 406.00 11/6 11/6 Afghanistan ...... (3) ...... 11/7 11/9 Pakistan ...... 598.46 ...... (3) ...... 598.46 11/9 11/10 Dubai ...... 502.19 ...... (3) ...... 502.19 11/10 11/10 Iraq ...... (3) ...... 11/11 11/11 Germany ...... 116.87 ...... (3) ...... 116.87 Charles Snyder ...... 11/5 11/6 Turkey ...... 406.00 ...... (3) ...... 406.00 11/6 11/6 Afghanistan ...... (3) ...... 11/7 11/9 Pakistan ...... 598.46 ...... (3) ...... 598.46 11/9 11/10 Dubai ...... 502.19 ...... (3) ...... 502.19 11/10 11/10 Iraq ...... (3) ...... 11/11 11/11 Germany ...... 116.87 ...... (3) ...... 116.87

Committee total ...... 8,100.26 ...... 8,100.26 1 Per diem constitutes lodging and meals. 2 If foreign currency is used, enter U.S. dollar equivalent; if U.S. currency is used, enter amount expended. HON. PETER T. KING, Chairman, Jan. 18, 2012.

REPORT OF EXPENDITURES FOR OFFICIAL FOREIGN TRAVEL, COMMITTEE ON RULES, HOUSE OF REPRESENTATIVES, EXPENDED BETWEEN OCT. 1 AND DEC. 31, 2011

Hon. David Dreier ...... 11/20 11/22 Poland ...... 570.00 ...... (3) ...... 570.00 Brad Smith ...... 11 /20 11/22 Poland ...... 570.00 ...... (3) ...... 570.00 Rachael Leman ...... 11/20 11/22 Poland ...... 570.00 ...... (3) ...... 570.00 Hon. David Dreier ...... 11/22 11/24 Georgia ...... 594.00 ...... (3) ...... 594.00 Brad Smith ...... 11 /22 11/24 Georgia ...... 594.00 ...... (3) ...... 594.00 Rachael Leman ...... 11/22 11/24 Georgia ...... 594.00 ...... (3) ...... 594.00 Hon. David Dreier ...... 11/24 11/25 Lithuania ...... 243.00 ...... (3) ...... 243.00 Brad Smith ...... 11 /24 11/25 Lithuania ...... 243.00 ...... (3) ...... 243.00 Rachael Leman ...... 11/24 11/25 Lithuania ...... 243.00 ...... (3) ...... 243.00 Hon. David Dreier ...... 11/25 11/30 Egypt ...... 1,330.00 ...... 7,689.00 ...... 9,019.00 Brad Smith ...... 11 /25 11/29 Egypt ...... 1,064.00 ...... (3) ...... 1,064.00 Rachael Leman ...... 11/25 11/30 Egypt ...... 1,330.00 ...... 7,689.00 ...... 9,019.00

Committee total ...... 7,945.00 ...... 15,378.00 ...... 23,323.00 1 Per diem constitutes lodging and meals. 2 If foreign currency is used, enter U.S. dollar equivalent; if U.S. currency is used, enter amount expended. HON. DAVID DREIER, Chairman, Jan. 12, 2012.

REPORT OF EXPENDITURES FOR OFFICIAL FOREIGN TRAVEL, COMMITTEE ON TRANSPORTATION AND INFRASTRUCTURE, HOUSE OF REPRESENTATIVES, EXPENDED BETWEEN OCT. 1 AND DEC. 31, 2011

Chairman John L. Mica ...... 10/20 10/23 Canada ...... 362.00 ...... 689.60 ...... 1,051.60 Hon. Tom Petri ...... 10/20 10 /22 Canada ...... 234.00 ...... 1,147.37 ...... 1,381.37 Hon. Corrine Brown ...... 10 /20 10/23 Canada ...... 351.00 ...... 975.50 ...... 1,326.50 Hon. Tim Holden ...... 10/20 10 /23 Canada ...... 362.00 ...... 689.60 ...... 1,051.60 Hon. Bill Shuster ...... 10/20 10/22 Canada ...... 234.00 ...... 938.69 ...... 1,172.69 Hon. Billy Long ...... 10/20 10/23 Canada ...... 362.00 ...... 739.00 ...... 1,101.00 Hon. Raymond Cravaack ...... 10/20 10/23 Canada ...... 362.00 ...... 787.43 ...... 1,149.43 Jimmy Miller ...... 10 /20 10/23 Canada ...... 362.00 ...... 689.60 ...... 1,051.60 Holly Woodruff Lyons ...... 10/20 10 /23 Canada ...... 362.00 ...... 749.80 ...... 1,111.80 Giles Giovinazzi ...... 10 /20 10 /23 Canada ...... 362.00 ...... 689.60 ...... 1,051.60 Bailey Edwards ...... 10/20 10/23 Canada ...... 362.00 ...... 689.60 ...... 1,051.60 Nicholas Martinelli ...... 10 /20 10/23 Canada ...... 351.00 ...... 975.50 ...... 1,326.50

Committee total ...... 4,066.00 ...... 9,761.29 ...... 13,827.29 1 Per diem constitutes lodging and meals. 2 If foreign currency is used, enter U.S. dollar equivalent; if U.S. currency is used, enter amount expended. HON. JOHN L. MICA, Chairman, Jan. 23, 2012.

VerDate Sep 11 2014 12:49 Feb 24, 2017 Jkt 019102 PO 00000 Frm 00157 Fmt 0688 Sfmt 8634 E:\BR12\H01FE2.003 H01FE2 rmajette on DSK2TPTVN1PROD with BOUND RECORD 760 CONGRESSIONAL RECORD—HOUSE, Vol. 158, Pt. 1 February 1, 2012 EXECUTIVE COMMUNICATIONS, Transmittal of D.C. ACT 19-281, ‘‘Commis- ington Way Designation Act of 2012’’; to the ETC. sion on African-American Affairs Establish- Committee on Oversight and Government Under clause 2 of rule XIV, executive ment Act of 2012’’; to the Committee on Reform. Oversight and Government Reform. 4791. A letter from the Chief, Branch of Re- communications were taken from the 4776. A letter from the Chairman, Council covery and Delisting, Department of the In- Speaker’s table and referred as follows: of the District of Columbia, transmitting terior, transmitting the Department’s final 4763. A letter from the Acting Adminis- Transmittal of D.C. ACT 19-280, ‘‘Southwest rule — Endangered and Threatened Wildlife trator, Department of Agriculture, transmit- Duck Pond Designation Act of 2012’’; to the and Plants; Revising the Listing of the Gray ting the Department’s final rule — Irish Po- Committee on Oversight and Government Wolf (Canis lupus) in the Western Great tatoes Grown in Southeastern States; Sus- Reform. Lakes [Docket No.: FWS-R3-ES-2011-0029] pension of Marketing Order Provisions [Doc. 4777. A letter from the Chairman, Council (RIN: 1018-AX57) received January 3, 2012, No.: AMS-FV-11-0027; FV11-953-1 FR] received of the District of Columbia, transmitting pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- January 3, 2012, pursuant to 5 U.S.C. Transmittal of D.C. ACT 19-279, ‘‘Board of mittee on Natural Resources. 801(a)(1)(A); to the Committee on Agri- Medicine Membership and Licensing Amend- 4792. A letter from the Deputy Assistant culture. ment Act of 2012’’; to the Committee on Administrator for Regulatory Programs, 4764. A letter from the Chief Counsel, De- Oversight and Government Reform. NMFS, National Oceanic and Atmospheric partment of Homeland Security, transmit- 4778. A letter from the Chairman, Council Administration, transmitting the Adminis- ting the Department’s final rule — Final of the District of Columbia, transmitting tration’s final rule — Fisheries in the East- Flood Elevation Determinations [Docket ID: Transmittal of D.C. ACT 19-285, ‘‘Military ern Pacific Ocean; Pelagic Fisheries; Vessel FEMA-2011-0002] received January 3, 2012, Parents’ Child Custody and Visitation Identification Requirements [Docket No.: pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- Rights Act of 2012’’; to the Committee on 110218143-1606-02] (RIN: 0648-BA49) received mittee on Financial Services. Oversight and Government Reform. January 3, 2012, pursuant to 5 U.S.C. 4765. A letter from the Chief Counsel, De- 4779. A letter from the Chairman, Council 801(a)(1)(A); to the Committee on Natural partment of Homeland Security, transmit- of the District of Columbia, transmitting Resources. ting the Department’s final rule — Final Transmittal of D.C. ACT 19-286, ‘‘Long-Term 4793. A letter from the Assistant Adminis- Flood Elevation Determinations [Docket ID: Care Ombudsman Program Amendment Act trator for Fisheries, NMFS, National Oce- FEMA-2011-0002] received January 3, 2012, of 2012’’; to the Committee on Oversight and anic and Atmospheric Administration, trans- pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- Government Reform. mitting the Administration’s final rule — mittee on Financial Services. 4780. A letter from the Chairman, Council Atlantic Highly Migratory Species; Adjust- 4766. A letter from the Regulatory Spe- of the District of Columbia, transmitting ments to the Atlantic Bluefin Tuna General cialist, LRAD, Department of the Treasury, Transmittal of D.C. ACT 19-287, ‘‘Human and Harpoon Category Regulations [Docket transmitting the Department’s final rule — Rights Service of Process Amendment Act of No.: 090508897-1635-03] (RIN: 0648-AX85) re- Community Reinvestment Act Regulations 2012’’; to the Committee on Oversight and ceived January 3, 2012, pursuant to 5 U.S.C. [Docket ID: OCC-2011-0027] (RIN: 1557-AD60) Government Reform. 801(a)(1)(A); to the Committee on Natural Resources. received January 3, 2011, pursuant to 5 U.S.C. 4781. A letter from the Chairman, Council 801(a)(1)(A); to the Committee on Financial 4794. A letter from the Director Office of of the District of Columbia, transmitting Sustainable Fisheries, NMFS, National Oce- Services. Transmittal of D.C. ACT 19-278, ‘‘Captive In- 4767. A letter from the Deputy Director for anic and Atmospheric Administration, trans- surance Company Amendment Act of 2012’’; mitting the Administration’s final rule — Policy, Pension Benefit Guaranty Corpora- to the Committee on Oversight and Govern- tion, transmitting the Corporation’s final Western Pacific Pelagic Fisheries; Closure of ment Reform. the Hawaii Shallow-Set Pelagic Longline rule — Allocation of Assets in Single-Em- 4782. A letter from the Chairman, Council ployer Plans; Benefits Payable in Termi- Fishery Due To Reaching the Annual Limit of the District of Columbia, transmitting on Sea Turtle Interactions [Docket No.: nated Single-Employer Plans; Interest As- Transmittal of D.C. ACT 19-277, ‘‘Public No- sumptions for Valuing and Paying Benefits 080225267-91393-03] (RIN: 0648-XA370) received tice of Advisory Neighborhood Commissions January 3, 2012, pursuant to 5 U.S.C. received January 3, 2012, pursuant to 5 U.S.C. Recommendations Amendment Act of 2012’’; 801(a)(1)(A); to the Committee on Education 801(a)(1)(A); to the Committee on Natural and the Workforce. to the Committee on Oversight and Govern- Resources. ment Reform. 4768. A letter from the Chairman, Council 4795. A letter from the Acting Director, Of- of the District of Columbia, transmitting 4783. A letter from the Chairman, Council fice of Sustainable Fisheries, NMFS, Na- Transmittal of D.C. ACT 19-293, ‘‘Willie Wood of the District of Columbia, transmitting tional Oceanic and Atmospheric Administra- Way Designation Act of 2012’’; to the Com- Transmittal of D.C. ACT 19-276, ‘‘Board of tion, transmitting the Administration’s final mittee on Oversight and Government Re- Elections and Ethics Electoral Process Im- rule — Fisheries of the Exclusive Economic form. provement Temporary Amendment Act of Zone Off Alaska; ‘‘Other Flatfish’’ in the 2012’’; to the Committee on Oversight and Bering Sea Subarea of the Bering Sea and 4769. A letter from the Chairman, Council Government Reform. of the District of Columbia, transmitting Aleutian Islands Management Area [Docket Transmittal of D.C. ACT 19-297, ‘‘William 4784. A letter from the Chairman, Council No.: 101126521-0640-02] (RIN: 0648-XA834) re- O’Neal Lockridge Memorial Library at Belle- of the District of Columbia, transmitting ceived January 3, 2012, pursuant to 5 U.S.C. vue Designation Act of 2012’’; to the Com- Transmittal of D.C. ACT 19-275, ‘‘Retirement 801(a)(1)(A); to the Committee on Natural mittee on Oversight and Government Re- Distribution Withholding Temporary Act of Resources. form. 2012’’; to the Committee on Oversight and 4796. A letter from the Deputy Assistant 4770. A letter from the Chairman, Council Government Reform. Administrator for Regulatory Programs, of the District of Columbia, transmitting 4785. A letter from the Chairman, Council NMFS, National Oceanic and Atmospheric Transmittal of D.C. ACT 19-288, ‘‘Oak Hill of the District of Columbia, transmitting Administration, transmitting the Adminis- Conservation Easement Act of 2012’’; to the Transmittal of D.C. ACT 19-274, ‘‘Green tration’s final rule — Magnuson-Stevens Committee on Oversight and Government Building Compliance Temporary Amendment Fishery Conservation and Management Act Reform. Act of 2012’’; to the Committee on Oversight Provisions; Fisheries of the Northeastern United States; Extension of Emergency Fish- 4771. A letter from the Chairman, Council and Government Reform. 4786. A letter from the Chairman, Council ery Closure Due to the Presence of the Toxin of the District of Columbia, transmitting that Causes Paralytic Shellfish Poisoning Transmittal of D.C. ACT 19-289, ‘‘9/11 Memo- of the District of Columbia, transmitting Transmittal of D.C. ACT 19-273, ‘‘Processing (PSP) [Docket No.: 050613158-5262-03] (RIN: rial Grove Dedication Act of 2012’’; to the 0648-BB59) received January 3, 2012, pursuant Committee on Oversight and Government Sales Tax Clarification Second Temporary Amendment Act of 2012’’; to the Committee to 5 U.S.C. 801(a)(1)(A); to the Committee on Reform. Natural Resources. 4772. A letter from the Chairman, Council on Oversight and Government Reform. 4787. A letter from the Chairman, Council 4797. A letter from the Deputy Assistant of the District of Columbia, transmitting Administrator for Regulatory Programs, Transmittal of D.C. ACT 19-291, ‘‘Old Naval of the District of Columbia, transmitting NMFS, National Oceanic and Atmospheric Hospital Real Property Exemption Act of Transmittal of D.C. ACT 19-272, ‘‘District De- Administration, transmitting the Adminis- 2012’’; to the Committee on Oversight and partment of Transportation Omnibus Tem- tration’s final rule — Fisheries of the Carib- Government Reform. porary Amendment Act of 2012’’; to the Com- bean, Gulf of Mexico, and South Atlantic; 4773. A letter from the Chairman, Council mittee on Oversight and Government Re- Spiny Lobster Fishery of the Gulf of Mexico of the District of Columbia, transmitting form. and South Atlantic; Amendment 10 [Docket Transmittal of D.C. ACT 19-292, ‘‘Lillian A. 4788. A letter from the Chairman, Council No.: 100305126-1576-04] (RIN: 0648-AY72) re- Gordon Water Play Area and Park Des- of the District of Columbia, transmitting ceived January 3, 2012, pursuant to 5 U.S.C. ignation Act of 2012’’; to the Committee on Transmittal of D.C. ACT 19-284, ‘‘Rev. Dr. 801(a)(1)(A); to the Committee on Natural Oversight and Government Reform. Jerry A. Moore, Jr. Commemorative Plaza Resources. Designation Act of 2012’’; to the Committee 4798. A letter from the Deputy Assistant 4774. A letter from the Chairman, Council on Oversight and Government Reform. of the District of Columbia, transmitting Administrator for Regulatory Programs, Transmittal of D.C. ACT 19-290, ‘‘District of 4789. A letter from the Chairman, Council NMFS, National Oceanic and Atmospheric Columbia Government Comprehensive Merit of the District of Columbia, transmitting Administration, transmitting the Adminis- Personnel Amendment Act of 2012’’; to the Transmittal of D.C. ACT 19-283, ‘‘Glover tration’s final rule — Fisheries of the North- Committee on Oversight and Government Park Community Center Designation Act of eastern United States; Atlantic Mackerel, Reform. 2012’’; to the Committee on Oversight and Squid, and Butterfish Fisheries; Amendment Government Reform. 4775. A letter from the Chairman, Council 11 [Docket No.: 0808041037-1687-03] (RIN: 0648- of the District of Columbia, transmitting 4790. A letter from the Chairman, Council AX05) received January 3, 2012, pursuant to 5 of the District of Columbia, transmitting U.S.C. 801(a)(1)(A); to the Committee on Nat- Transmittal of D.C. ACT 19-282, ‘‘Paul Wash- ural Resources.

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4799. A letter from the Director Office of H.R. 2586. Referral to the Committee on DAVIS of Illinois, Mr. AL GREEN of Sustainable Fisheries, NMFS, National Oce- Agriculture extended for a period ending not Texas, Mr. ISRAEL, Mr. RUSH, Mr. anic and Atmospheric Administration, trans- later than February 8, 2012. ELLISON, Ms. SEWELL, Mr. CARSON of mitting the Administration’s final rule — H.R. 2682. Referral to the Committee on Indiana, Mr. MCGOVERN, Mr. Fisheries of the Northeastern United States; [Docket No.: 101228634-1149-02] (RIN: 0648- Agriculture extended for a period ending not FALEOMAVAEGA, Ms. CHU, Mr. JACK- XA825) received January 3, 2012, pursuant to later than February 8, 2012. SON of Illinois, Ms. NORTON, Mr. 5 U.S.C. 801(a)(1)(A); to the Committee on H.R. 2779. Referral to the Committee on HOLT, Ms. EDDIE BERNICE JOHNSON of Natural Resources. Agriculture extended for a period ending not Texas, Mrs. CHRISTENSEN, Mr. PAYNE, 4800. A letter from the Deputy Assistant later than February 8, 2012. Ms. SLAUGHTER, Mr. PASTOR of Ari- Administrator for Regulatory Programs, zona, Mr. BISHOP of New York, Mr. f NMFS, National Oceanic and Atmospheric YARMUTH, Mr. COURTNEY, Mr. CARNA- Administration, transmitting the Adminis- PUBLIC BILLS AND RESOLUTIONS HAN, Mr. WELCH, Mr. PERLMUTTER, tration’s final rule — Fisheries Off West Mr. HONDA, Mr. THOMPSON of Mis- Coast States; Coastal Pelagic Species Fish- Under clause 2 of rule XII, public sissippi, Mr. CAPUANO, Mr. DOYLE, eries; Amendment 13 to the Coastal Pelagic bills and resolutions of the following Species Fishery Management Plan; Annual Ms. WOOLSEY, Mr. TONKO, Mr. CLAY, Catch Limits [Docket No.: 110606318-1655-02] titles were introduced and severally re- Ms. RICHARDSON, Mr. BRALEY of Iowa, (RIN: 0648-BA68) received January 3, 2012, ferred, as follows: Mr. HOLDEN, Ms. HAHN, Mr. LEWIS of pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- By Mrs. MCMORRIS RODGERS (for Georgia, Mr. HASTINGS of Florida, mittee on Natural Resources. herself, Mr. THOMPSON of California, Mr. GRIJALVA, Ms. CLARKE of New f and Mr. KIND): York, Mr. JOHNSON of Georgia, Mr. FATTAH, and Mr. DAVID SCOTT of REPORTS OF COMMITTEES ON H.R. 3859. A bill to amend title XVIII of the Social Security Act to protect and preserve Georgia): PUBLIC BILLS AND RESOLUTIONS access of Medicare beneficiaries in rural H.R. 3866. A bill to award a Congressional Under clause 2 of rule XIII, reports of areas to health care providers under the Gold Medal in honor of the pioneers and par- Medicare program, and for other purposes; to ticipants of the Civil Rights movement; to committees were delivered to the Clerk the Committee on Financial Services, and in the Committee on Energy and Commerce, for printing and reference to the proper addition to the Committee on House Admin- and in addition to the Committee on Ways calendar, as follows: istration, for a period to be subsequently de- and Means, for a period to be subsequently termined by the Speaker, in each case for Mr. MICA: Committee of Conference. Con- determined by the Speaker, in each case for ference report on H.R. 658. A bill to amend consideration of such provisions as fall with- consideration of such provisions as fall within the jurisdiction of the committee con- title 49, United States Code, to authorize ap- in the jurisdiction of the committee con- propriations for the Federal Aviation Admin- cerned. cerned. By Mr. GRAVES of Georgia (for him- istration for fiscal years 2011 through 2014, to By Mr. GARAMENDI (for himself and streamline programs, create efficiencies, re- self, Mr. PAUL, Mr. WESTMORELAND, Mr. RUSH): duce waste, and improve aviation safety and Mr. MULVANEY, Mr. GARRETT, Mr. H.R. 3860. A bill to amend title 38, United POE of Texas, Mr. MARCHANT, Mr. capacity, to provide stable funding for the States Code, to clarify the responsibilities of national aviation system, and for other pur- ROE of Tennessee, Mr. WILSON of small businesses with respect to the employ- South Carolina, Mr. STUTZMAN, Mr. poses (Rept. 112–381). Ordered to be printed. ment and reemployment rights of veterans; Mr. WEBSTER: Committee on Rules. H. QUAYLE, Mr. SCHWEIKERT, Mr. WALSH to the Committee on Veterans’ Affairs. Res. 533. A resolution providing for consider- of Illinois, Mr. CULBERSON, Mr. By Mr. BENISHEK: ation of the conference report to accompany POSEY, Mr. WOODALL, Mr. PRICE of H.R. 3861. A bill to name the front circle the bill (H.R. 658) to amend title 49, United Georgia, Mr. KING of Iowa, Mr. drive on the north side of the Oscar G. John- States Code, to authorize appropriations for RIBBLE, and Mr. GINGREY of Georgia): son Department of Veterans Affairs Medical the Federal Aviation Administration for fis- H.R. 3867. A bill to amend title 49, United Facility in Iron Mountain, Michigan, as the cal years 2011 through 2014, to streamline States Code, to require certain air carriers ‘‘Sergeant First Class James D. Priestap programs, create efficiencies, reduce waste, and their agents and ticket agents to dis- Drive’’; to the Committee on Veterans’ Af- and improve aviation safety and capacity, to close certain costs and fees; to the Com- fairs. provide stable funding for the national avia- mittee on Transportation and Infrastruc- By Mr. QUAYLE (for himself, Mr. ture. tion system, and for other purposes (Rept. COBLE, and Mr. ROSS of Florida): By Mr. RUSH: 112–382). Referred to the House Calendar. H.R. 3868. A bill to grant the congressional Mr. WOODALL: Committee on Rules. H. H.R. 3862. A bill to impose certain limita- gold medal to John H. Johnson in recogni- Res. 534. A resolution providing for consider- tions on consent decrees and settlement agreements by agencies that require the tion of his outstanding contributions to the ation of the bill (H.R. 3578) to amend the Bal- United States; to the Committee on Finan- anced Budget and Emergency Deficit Control agencies to take regulatory action in accordance with the terms thereof, and for other cial Services. Act of 1985 to reform the budget baseline, By Mr. GRIFFIN of Arkansas (for him- and providing for consideration of the bill purposes; to the Committee on the Judici- self, Mr. ROSS of Arkansas, Mr. (H.R. 3582) to amend the Congressional Budg- ary. By Mr. KIND (for himself and Mr. CRAWFORD, and Mr. WOMACK): et Act of 1974 to provide for macro-economic H.R. 3869. A bill to designate the facility of analysis of the impact of legislation (Rept. PETRI): H.R. 3863. A bill to provide for the payment the United States Postal Service located at 112–383). Referred to the House Calendar. 600 East Capitol Avenue in Little Rock, Ar- Mr. MICA: Committee on Transportation of a benefit to members eligible for participation in the Post-Deployment/Mobilization kansas, as the ‘‘Sidney ‘Sid’ Sanders and Infrastructure. H.R. 1734. A bill to de- McMath Post Office Building’’; to the Com- crease the deficit by realigning, consoli- Respite Absence program for days of nonparticipation due to Government error; to mittee on Oversight and Government Re- dating, selling, disposing, and improving the form. the Committee on Armed Services. efficiency of federal buildings and other ci- By Mr. GRIFFIN of Arkansas (for him- By Mr. CAMP: vilian real property, and for other purposes; self, Mr. ROSS of Arkansas, Mr. H.R. 3864. A bill to amend the Internal Rev- with an amendment (Rept. 112–384 Pt. 1). Re- CRAWFORD, and Mr. WOMACK): enue Code of 1986 to extend authorities relat- ferred to the Committee of the Whole House H.R. 3870. A bill to designate the facility of on the state of the Union. ing to the Highway Trust Fund, to provide the United States Postal Service located at revenues for highway programs, and for DISCHARGE OF COMMITTEE 6083 Highway 36 West in Rose Bud, Arkansas, other purposes; to the Committee on Ways as the ‘‘Nicky ‘Nick’ Daniel Bacon Post Of- Pursuant to clause 2 of rule XIII the and Means, and in addition to the Committee Committees on Oversight and Govern- fice’’; to the Committee on Oversight and on Transportation and Infrastructure, for a Government Reform. ment Reform and Rules discharged period to be subsequently determined by the By Mr. HUIZENGA of Michigan (for from further consideration. H.R. 1734 Speaker, in each case for consideration of himself, Mr. BACHUS, and Mrs. CAP- referred to the Committee of the Whole such provisions as fall within the jurisdic- ITO): House on the state of the Union. tion of the committee concerned. H.R. 3871. A bill to amend the Consumer By Mr. BRALEY of Iowa: Financial Protection Act of 2010 to preserve f H.R. 3865. A bill to amend the Internal Rev- privilege for information submitted to the TIME LIMITATION OF REFERRED enue Code of 1986 to extend the American Op- Bureau of Consumer Financial Protection; to BILLS portunity Tax Credit; to the Committee on the Committee on Financial Services. Ways and Means. By Mr. DANIEL E. LUNGREN of Cali- Pursuant to clause 2 of rule XII the By Mr. COHEN (for himself, Mr. FIL- fornia: following actions were taken by the NER, Ms. JACKSON LEE of Texas, Ms. H.R. 3872. A bill to provide a prize to the Speaker: MOORE, Ms. LEE of California, Mr. first manufacturer of highly-efficient mid-

VerDate Sep 11 2014 12:49 Feb 24, 2017 Jkt 019102 PO 00000 Frm 00159 Fmt 0688 Sfmt 0634 E:\BR12\H01FE2.003 H01FE2 rmajette on DSK2TPTVN1PROD with BOUND RECORD 762 CONGRESSIONAL RECORD—HOUSE, Vol. 158, Pt. 1 February 1, 2012 sized automobiles powered by gasoline; to CONSTITUTIONAL AUTHORITY in which the Same shall be, for the Erection the Committee on Energy and Commerce. STATEMENT of Forts, Magazines, Arsenals, dock-Yards, By Ms. MOORE: and other needful Buildings; And H.R. 3873. A bill to provide funds to State Pursuant to clause 7 of rule XII of To make all Laws which shall be necessary courts for the provision of legal representa- the Rules of the House of Representa- and proper for carrying into Execution the tion to parents and legal guardians with re- tives, the following statements are sub- foregoing Powers, and all other Powers vest- spect to child welfare cases; to the Com- mitted regarding the specific powers ed by this Constitution in the Government of mittee on Ways and Means. granted to Congress in the Constitu- the United States, or in any Department or By Mrs. NOEM: tion to enact the accompanying bill or Officer thereof. H.R. 3874. A bill to provide for the convey- joint resolution. By Mr. BENISHEK: ance of eight cemeteries that are located on H.R. 3861. By Mrs. MCMORRIS RODGERS: National Forest System land in Black Hills Congress has the power to enact this legis- H.R. 3859. National Forest, South Dakota; to the Com- lation pursuant to the following: Congress has the power to enact this legis- Article IV, Section 3, Clause 2 mittee on Natural Resources. lation pursuant to the following: By Mr. PETERS (for himself, Mr. The Congress shall have Power to dispose The bill is enacted pursuant to the power of and make all needful Rules and Regula- MCNERNEY, and Mr. BISHOP of New granted to Congress under Article I, Section York): tions respecting the Territory or other Prop- 8, clause 3 to regulate Commerce with for- erty belonging to the United States; and H.R. 3875. A bill to amend the Securities eign nations and among the several States. nothing in this Constitution shall be so con- Exchange Act of 1934 to require the disclo- By Mr. GARAMENDI: strued as to Prejudice any Claims of the sure of the total number of a company’s do- H.R. 3860. United States, or of any particular State. mestic and foreign employees; to the Com- Congress has the power to enact this legis- By Mr. QUAYLE: mittee on Financial Services. lation pursuant to the following: H.R. 3862. By Mr. RIVERA: Article 1—The Legislative Branch Congress has the power to enact this legis- H.R. 3876. A bill to prohibit the Secretary Section 8—Powers of Congress lation pursuant to the following: of the Interior from leasing Federal lands to The Congress shall have Power To lay and Article I, Section 1 of the United States any person who has violated the Trading collect Taxes, Duties, Imposts and Excises, Constitution, Article I, Section 8 of the with the Enemy Act or who conducts busi- to pay the Debts and provide for the common United States Constitution, including, but ness with a state sponsor of terrorism, and Defence and general Welfare of the United not limited to, Clauses 1, 3 and 18, and Arti- for other purposes; to the Committee on Nat- States; but all Duties, Imposts and Excises cle III of the United States Constitution, ural Resources. shall be uniform throughout the United Section 2. By Mr. SCHOCK (for himself and Mr. States; By Mr. KIND: SCHILLING): To borrow money on the credit of the H.R. 3863. H.R. 3877. A bill to amend the Internal Rev- United States; Congress has the power to enact this legis- enue Code of 1986 to prohibit the Secretary of To regulate Commerce with foreign Na- lation pursuant to the following: the Treasury from requiring that taxpayers tions, and among the several States, and Article I, Section 8, Clause 1 and Clause 18. reconcile amounts with respect to reportable with the Indian Tribes; By Mr. CAMP: payment transactions to amounts related to To establish an uniform Rule of Natu- H.R. 3864. gross receipts and sales; to the Committee ralization, and uniform Laws on the subject Congress has the power to enact this legis- on Ways and Means. of Bankruptcies throughout the United lation pursuant to the following: By Mr. SCHRADER: States; Clause 1 of Section 8 of Article I of the H.R. 3878. A bill to authorize the Secretary To coin Money, regulate the Value thereof, United States Constitution. of the Interior to hold in trust for the benefit and of foreign Coin, and fix the Standard of By Mr. BRALEY of Iowa: of the nine federally recognized Indian tribes Weights and Measures; H.R. 3865. in Oregon the Chemawa Indian School land To provide for the Punishment of counter- Congress has the power to enact this legis- and improvements, and for other purposes; feiting the Securities and current Coin of the lation pursuant to the following: to the Committee on Natural Resources. United States; This bill is enacted pursuant to the power By Mr. SENSENBRENNER: To establish Post Offices and Post Roads; granted to Congress under Article I, Section To promote the Progress of Science and H.R. 3879. A bill to provide for streamlining 8, Clause 18 of the United States Constitu- useful Arts, by securing for limited Times to the process of Federal approval for construction. Authors and Inventors the exclusive Right to tion or expansion of petroleum refineries, By Mr. COHEN: their respective Writings and Discoveries; H.R. 3866. and for other purposes; to the Committee on To constitute Tribunals inferior to the Su- Congress has the power to enact this legis- Energy and Commerce, and in addition to preme Court; lation pursuant to the following: the Committee on Armed Services, for a pe- To define and punish Piracies and Felonies Article 1, Section 8, Clauses 12–14, and riod to be subsequently determined by the committed on the high Seas, and Offenses Clause 18 of the United States Constitution. Speaker, in each case for consideration of against the Law of Nations; By Mr. GRAVES of Georgia: such provisions as fall within the jurisdic- To declare War, grant Letters of Marque H.R. 3867. tion of the committee concerned. and Reprisal, and make Rules concerning Congress has the power to enact this legis- By Mr. QUAYLE (for himself, Mr. Captures on Land and Water; lation pursuant to the following: WESTMORELAND, Mr. COLE, Mrs. To raise and support Armies, but no Appro- Article I, Section 8, Clause 1; BLACKBURN, Mr. CANSECO, Mr. BOU- priation of Money to that Use shall be for a Article I, Section 8, Clause 18; STANY, Mrs. ADAMS, Mr. GRIMM, Mr. longer Term than two Years; 1st Amendment BROOKS, Mr. FARENTHOLD, Mr. To provide and maintain a Navy; By Mr. RUSH: FINCHER, Mr. STUTZMAN, Mr. RIBBLE, To make Rules for the Government and H.R. 3868. Mr. WILSON of South Carolina, Mr. Regulation of the land and naval Forces; Congress has the power to enact this legis- ROE of Tennessee, Mr. OLSON, Mr. To provide for calling forth the Militia to lation pursuant to the following: MARCHANT, Mr. GOHMERT, Mr. execute the Laws of the Union, suppress In- Article I, Section 8, Clause 1: ‘‘The Con- POMPEO, and Mr. YODER): surrections and repel Invasions; gress shall have power to lay and collect H. Res. 532. A resolution expressing the To provide for organizing, arming, and dis- taxes, duties, imposts and excises, to pay the sense of the House of Representatives that ciplining, the Militia, and for governing such debts and provide for the common defense the President of the United States should ap- Part of them as may be employed in the and general welfare of the United States; but point a special counsel to investigate Oper- Service of the United States, reserving to all duties, imposts and excises shall be uni- ation Fast and Furious and the Attorney the States respectively, the Appointment of form throughout the United States;’’ General’s knowledge and management of Op- the Officers, and the Authority of training Article I, Section 8, Clause 5: ‘‘To coin eration Fast and Furious; to the Committee the Militia according to the discipline pre- money, regulate the value thereof, and of on the Judiciary. scribed by Congress; foreign coin, and fix the standard of weights By Mr. LEWIS of Georgia (for himself, To exercise exclusive Legislation in all and measures;’’ Ms. MOORE, Ms. MCCOLLUM, Ms. NOR- Cases whatsoever, over such District (not ex- Article I, Section 8, Clause 8: ‘‘To promote TON, Mr. SABLAN, and Mr. CONYERS): ceeding ten Miles square) as may, by Cession the progress of science and useful arts, by se- H. Res. 535. A resolution expressing support of particular States, and the acceptance of curing for limited times to authors and infor designation of the month of February Congress, become the Seat of the Govern- ventors the exclusive right to their respec- 2011 as ‘‘National Teen Dating Violence ment of the United States, and to exercise tive writings and discoveries;’’ Awareness and Prevention Month’’; to the like Authority over all Places purchased by By Mr. GRIFFIN of Arkansas: Committee on the Judiciary. the Consent of the Legislature of the State H.R. 3869.

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Congress has the power to enact this legis- H.R. 177: Mr. RIBBLE. H.R. 2234: Mr. REYES, Ms. WATERS, Ms. lation pursuant to the following: H.R. 205: Mr. BACA, Mr. INSLEE, and Ms. SPEIER, Mr. HONDA, Mrs. MALONEY, Mr. Article I, Section 8, Clause 7 MCCOLLUM. MCDERMOTT, Mr. CARSON of Indiana, and Mr. The Congress shall have Power to establish H.R. 265: Mr. FILNER. STARK. Post Offices and post roads. H.R. 266: Mr. FILNER. H.R. 2310: Ms. SUTTON. By Mr. GRIFFIN of Arkansas: H.R. 267: Mr. FILNER. H.R. 2313: Mr. WEBSTER. H.R. 3870. H.R. 284: Mr. LUJA´ N. H.R. 2364: Ms. BALDWIN. Congress has the power to enact this legis- H.R. 374: Mr. SOUTHERLAND, Mr. ROGERS of H.R. 2366: Mr. MURPHY of Pennsylvania. lation pursuant to the following: Kentucky, and Mr. SCHWEIKERT. H.R. 2394: Mr. PRICE of North Carolina. Article I, Section 8, Clause 7 H.R. 436: Mr. KINGSTON. H.R. 2412: Mr. LYNCH. The Congress shall have Power to establish H.R. 452: Mr. AMODEI. H.R. 2418: Mr. PENCE, Mr. GRAVES of Mis- Post Offices and post roads. H.R. 516: Mr. SCHILLING. souri, and Mr. NUNES. By Mr. HUIZENGA of Michigan: H.R. 575: Mr. GOSAR. H.R. 2429: Mr. CONAWAY. H.R. 3871. H.R. 593: Mr. SAM JOHNSON of Texas. H.R. 2499: Mr. LUJA´ N. Congress has the power to enact this legis- H.R. 631: Mr. CLARKE of Michigan and Mr. H.R. 2505: Ms. ZOE LOFGREN of California. lation pursuant to the following: WAXMAN. H.R. 2529: Mr. BROUN of Georgia. In keeping with the Rules of the House of H.R. 689: Mr. WELCH and Mr. CARSON of In- H.R. 2541: Mr. PETRI. Representatives, Amendment X is cited as diana. H.R. 2554: Mr. CLAY. delegating to the states or to the people all H.R. 724: Ms. HIRONO. H.R. 2741: Mr. STARK. ‘‘powers not delegated to the United States H.R. 812: Mr. RIBBLE. H.R. 2746: Ms. CHU, Mr. ACKERMAN, and Mr. by the Constitution.’’ H.R. 831: Mr. QUIGLEY. KING of New York. By Mr. DANIEL E. LUNGREN of Cali- H.R. 860: Mr. FLEMING. H.R. 2787: Mr. RAHALL, Mr. OLVER, and Mr. fornia: H.R. 933: Mrs. MALONEY and Ms. WOOLSEY. MCCOTTER. H.R. 3872. H.R. 941: Mr. LEWIS of Georgia. H.R. 2809: Mr. CICILLINE. Congress has the power to enact this legis- H.R. 1031: Mr. LARSON of Connecticut. H.R. 2810: Mr. DUNCAN of South Carolina. lation pursuant to the following: H.R. 1058: Mrs. CAPITO. H.R. 2938: Mr. BACA. The Excellence in Energy Efficiency Act H.R. 1113: Mr. CLAY. H.R. 2945: Mr. RIBBLE. (E–PRIZE) is authorized by Article 1 Section H.R. 1142: Mr. KING of New York. H.R. 3059: Ms. GRANGER, Mr. LOEBSACK, and 8 under the Commerce Clause. H.R. 1148: Mr. PAYNE, Ms. MOORE, Mr. WAX- Mr. AMODEI. By Ms. MOORE: MAN, Ms. VELA´ ZQUEZ, Ms. LINDA T. SA´ NCHEZ H.R. 3065: Mr. PALAZZO, Mr. COLE, and Mr. H.R. 3873. of California, Mr. THOMPSON of Mississippi, COBLE. Congress has the power to enact this legis- Mr. RICHMOND, Ms. JACKSON LEE of Texas, H.R. 3156: Mr. ROHRABACHER. lation pursuant to the following: Ms. ROYBAL-ALLARD, Ms. BASS of California, H.R. 3187: Mr. ACKERMAN, Ms. MOORE, Ms. Article 1, Section 8 Ms. WILSON of Florida, Mr. CLYBURN, Mr. LEE of California, Ms. RICHARDSON, Mr. CON- By Mrs. NOEM: BISHOP of Georgia, Mrs. CHRISTENSEN, and YERS, Mr. JACKSON of Illinois, Mr. GENE H.R. 3874. Mr. AKIN. GREEN of Texas, Mr. FATTAH, Mr. RANGEL, Congress has the power to enact this legis- H.R. 1179: Mr. SMITH of Texas, Mr. ADER- and Mr. BURGESS. lation pursuant to the following: HOLT, Mr. DANIEL E. LUNGREN of California, H.R. 3200: Ms. ROYBAL-ALLARD and Mr. Article 4, Section 3, Clause 2, relating to Mr. STUTZMAN, Mr. SAM JOHNSON of Texas, CRITZ. the power of Congress to dispose of and make and Mr. AUSTRIA. H.R. 3203: Mr. MATHESON. all needful rules and regulations respecting H.R. 1195: Ms. BERKLEY. H.R. 3236: Mr. LUJA´ N. the territory or other property belonging to H.R. 1206: Mr. REICHERT and Mr. AMODEI. H.R. 3252: Ms. HOCHUL. the United States. H.R. 1274: Mr. GOSAR. H.R. 3269: Mr. CANSECO and Mr. BOSWELL. By Mr. PETERS: H.R. 1283: Mr. BARLETTA. H.R. 3313: Mr. BACA, Ms. WOOLSEY, Mr. H.R. 3875. H.R. 1288: Mr. MURPHY of Connecticut. HOLDEN, and Mr. MORAN. Congress has the power to enact this legis- H.R. 1328: Mr. SCHIFF. H.R. 3324: Ms. BASS of California. lation pursuant to the following: H.R. 1381: Ms. MOORE. H.R. 3395: Mr. LUETKEMEYER. This bill is enacted pursuant to the power H.R. 1404: Ms. CHU, Mr. BACA, and Mr. VAN H.R. 3410: Mr. DUNCAN of South Carolina. granted to Congress under Article I, Section HOLLEN. H.R. 3414: Mr. AUSTIN SCOTT of Georgia and 8, Clause 3 of the United States Constitution. H.R. 1433: Mr. MCCLINTOCK. Ms. HAYWORTH. By Mr. RIVERA: H.R. 1457: Mr. DOGGETT. H.R. 3422: Mr. OLSON, Mr. WILSON of South H.R. 3876. H.R. 1463: Mr. WAXMAN. Carolina, Mr. RIBBLE, Mr. QUAYLE, Mr. Congress has the power to enact this legis- H.R. 1479: Mr. SCHIFF and Mr. TOWNS. SCHWEIKERT, Mrs. LUMMIS, Mr. DUNCAN of lation pursuant to the following: H.R. 1483: Mr. ACKERMAN. South Carolina, Mr. POSEY, Mr. CHABOT, Mr. clause 3 of section 8 of article I of the Con- H.R. 1501: Mr. DUNCAN of South Carolina. KING of Iowa, and Mr. GOHMERT. stitution, the Commerce Clause. H.R. 1511: Mr. CARTER and Mr. OLSON. H.R. 3423: Mr. PAYNE and Ms. MCCOLLUM. By Mr. SCHOCK: H.R. 1533: Mr. PETERS and Mr. RENACCI. H.R. 3435: Mr. DEUTCH, Mr. COSTA, and Mr. H.R. 3877. H.R. 1558: Mr. PAULSEN. SARBANES. Congress has the power to enact this legis- H.R. 1580: Mr. COFFMAN of Colorado, Mr. H.R. 3483: Mr. JOHNSON of Georgia, Mr. lation pursuant to the following: ROSS of Florida, and Mr. LATOURETTE. COBLE, Mr. HASTINGS of Florida, Mr. JACKSON The constitutional authority on which this H.R. 1639: Mr. PALAZZO. of Illinois, Ms. FUDGE, Mr. BISHOP of Georgia, bill rests is the power of Congress as stated H.R. 1653: Mr. WOMACK. Ms. BASS of California, Mr. WATT, Mr. SCOTT in Article I, Section 8 of the United States H.R. 1697: Mr. CRAVAACK and Mr. DUNCAN of of Virginia, Mr. ELLISON, Mr. DAVID SCOTT of Constitution. Tennessee. Georgia, Ms. WATERS, Ms. JACKSON LEE of By Mr. SCHRADER: H.R. 1739: Mr. ROHRABACHER. Texas, Mr. LEWIS of Georgia, Ms. EDDIE BER- H.R. 3878. H.R. 1744: Mr. ROHRABACHER. NICE JOHNSON of Texas, Mr. DAVIS of Illinois, Congress has the power to enact this legis- H.R. 1867: Mr. MCNERNEY. Mr. AL GREEN of Texas, Mr. FATTAH, Mr. lation pursuant to the following: H.R. 1873: Mr. MCGOVERN. DOYLE, Mr. CUMMINGS, Ms. EDWARDS, and Mr. The power granted to Congress under Arti- H.R. 1912: Ms. KAPTUR, Mr. HASTINGS of CONYERS. cle I, Section 8, Clause 3 of the United States Florida, Mr. BRADY of Pennsylvania, and Mr. H.R. 3485: Mr. TIERNEY, Ms. SUTTON, and Constitution. ROYCE. Mr. BISHOP of New York. By Mr. SENSENBRENNER: H.R. 1953: Mr. BOREN. H.R. 3511: Mr. LARSON of Connecticut. H.R. 3879. H.R. 1955: Mr. ROSS of Arkansas. H.R. 3523: Mr. COLE and Mr. TURNER of Congress has the power to enact this legis- H.R. 1997: Mr. AUSTIN SCOTT of Georgia. Ohio. lation pursuant to the following: H.R. 2010: Mr. THORNBERRY. H.R. 3541: Mrs. ELLMERS. Article 1, Section 8, Clause 3 of the U.S. H.R. 2012: Mr. STARK, Ms. RICHARDSON, Ms. H.R. 3559: Mrs. BIGGERT. Constitution MOORE, Mr. MARKEY, Mr. RANGEL, Ms. WIL- H.R. 3577: Mr. STIVERS and Mr. GERLACH. SON of Florida, and Ms. NORTON. H.R. 3587: Mr. BERMAN. f H.R. 2028: Mr. MCNERNEY. H.R. 3589: Mr. MCCOTTER. ADDITIONAL SPONSORS H.R. 2145: Mr. STUTZMAN, Mr. WILSON of H.R. 3596: Mr. SERRANO, Mr. LUJA´ N, Ms. South Carolina, and Mr. GOHMERT. KAPTUR, Mr. DOYLE, Mr. KILDEE, Mrs. MALO- Under clause 7 of rule XII, sponsors H.R. 2168: Ms. LEE of California. NEY, Mr. GRIJALVA, Ms. WOOLSEY, Mr. CLAY, were added to public bills and resolu- H.R. 2179: Mr. WITTMAN. Ms. SUTTON, Mr. HOLDEN, Mr. MCDERMOTT, tions as follows: H.R. 2227: Mr. SULLIVAN. and Mr. CRITZ.

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H.R. 3612: Mr. HANNA, Mr. TURNER of New H.R. 3805: Mr. ALEXANDER, Mrs. ADAMS, H.J. Res. 90: Mr. TIERNEY. York, Ms. EDDIE BERNICE JOHNSON of Texas, Mrs. ELLMERS, Ms. ROS-LEHTINEN, Mr. GOOD- H.J. Res. 99: Mrs. LUMMIS, Mr. POSEY, Mr. Mr. MEEHAN, and Mr. KING of New York. LATTE, and Mr. CHABOT. MULVANEY, Mr. WALBERG, Mr. MARCHANT, H.R. 3614: Mr. POLLS. H. R. 3806: Mr. POSEY. Mr. WILSON of South Carolina, and Mr. H.R. 3627: Mrs. NOEM. H. R. 3811: Mr. KING of New York, Mr. DUN- STUTZMAN. H.R. 3639: Mr. WOODALL. CAN of South Carolina, Mrs. ELLMERS, Mr. H. Con. Res. 98: Mr. BROOKS and Mr. H.R. 3643: Mr. SCHILLING and Mr. BENISHEK. WOMACK, Mrs. MILLER of Michigan, Mr. MAN- MARCHANT. H.R. 3662: Mr. KING of New York, Ms. ZULLO, Mr. WILSON of South Carolina, Mr. H. Res. 134: Mr. BASS of New Hampshire. GRANGER, and Mr. THOMPSON of Pennsyl- RIBBLE, Mr. STUTZMAN, Mr. QUAYLE, Mr. H. Res. 374: Mr. DIAZ-BALART. vania. SCHWEIKERT, Mr. WALSH of Illinois, Mr. H. Res. 460: Mr. BENISHEK, Ms. LORETTA H.R. 3681: Mr. WILSON of South Carolina, CHABOT, Mr. KING of Iowa, and Mr. ADER- SANCHEZ of California, Ms. SEWELL, Ms. Mrs. LUMMIS, Mr. POSEY, Mr. MARCHANT, and HOLT. CLARKE of New York, Ms. BALDWIN, Ms. H.R. 3814: Mr. GOSAR and Mr. MCCOTTER. Mr. GINGREY of Georgia. BERKLEY, Mrs. CAPPS, Ms. MOORE, Ms. SCHA- H.R. 3828: Mr. LANDRY, Mr. GINGREY of H.R. 3698: Mr. KLINE. KOWSKY, and Mr. SMITH of Washington. Georgia, Mr. NEUGEBAUER, Mr. WILSON of H.R. 3702: Mr. WAXMAN. H. Res. 524: Mr. CRITZ. South Carolina, Mr. RIBBLE, Mr. STUTZMAN, H.R. 3704: Mr. STARK and Ms. WOOLSEY. H. Res. 528: Mr. LATTA and Mr. DANIEL E. Mr. GOHMERT, and Mr. WALBERG. LUNGREN of California. H.R. 3762: Mr. MCNERNEY. H.R. 3842: Mr. DUNCAN of South Carolina, H. Res. 531: Mr. BISHOP of New York, Ms. H.R. 3767: Mr. WILSON of South Carolina, Mr. KLINE, and Mr. PRICE of Georgia. Mr. HASTINGS of Florida, Ms. BUERKLE, and H.R. 3855: Mr. TOWNS, Mr. SCHOCK, and Mr. SLAUGHTER, and Mr. MCGOVERN. Mr. BOSWELL. ACKERMAN. H.R. 3776: Mr. CONYERS. H.R. 3858: Ms. SPEIER, Mr. FILNER, Mr. f H.R. 3778: Mr. PEARCE and Mr. WILSON of SMITH of Washington, Mr. PETERS, Ms. Hahn, South Carolina. Mr. POLIS, Mr. CICILLINE, Mr. LEVIN, Mr. GRI- DELETIONS OF SPONSORS FROM H.R. 3795: Ms. NORTON. JALVA, Mr. COURTNEY, Mr. HOLT, Ms. HIRONO, PUBLIC BILLS AND RESOLUTIONS H.R. 3796: Mr. KLINE. Mr. HOYER, Mrs. CHRISTENSEN, Ms. CASTOR of Under clause 7 of rule XII, sponsors H.R. 3803: Mr. SCHILLING, Mr. LATTA, Mr. Florida, Mr. CONYERS, Mr. WELCH, Mr. RUP- were deleted from public bills and reso- WILSON of South Carolina, Mr. COLE, Mr. PERSBERGER, Mr. STARK, Mr. KIND, Mr. KLINE, Mr. PETERSON, and Mr. BROUN of SCHRADER, Mr. COHEN, and Mr. HEINRICH. lutions as follows: Georgia. H.J. Res. 88: Mr. TIERNEY. H.R. 3784: Ms. FUDGE.

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THANKING REPRESENTATIVE HIN- including heading the agency’s offshore oil SECOND TIME AS SWEET AS FIRST CHEY FOR HIS SERVICE TO NEW drilling permit staff, directing its public access FOR NORTHERN GUILFORD YORK STATE AND AMERICA program, and overseeing its budget and administrative functions. He returned to BCDC in HON. HOWARD COBLE HON. CHARLES B. RANGEL 1985 as Deputy Director and was later ap- OF NORTH CAROLINA OF NEW YORK pointed Executive Director in 1995. IN THE HOUSE OF REPRESENTATIVES IN THE HOUSE OF REPRESENTATIVES Travis has written many articles on coastal Wednesday, February 1, 2012 Wednesday, February 1, 2012 issues, has provided advice on coastal mat- Mr. COBLE. Mr. Speaker, for the second Mr. RANGEL. Mr. Speaker, I rise today to ters to other states and nations, and has been consecutive year, a high school located in the recognize the service of my colleague and fel- a university lecturer throughout North America. Sixth District of North Carolina has captured a Class 3–AA state championship. The Northern low New Yorker, Congressman MAURICE HIN- He was appointed Chairman of the Shell Oil CHEY, who will not be seeking reelection. As Guilford Nighthawks won the North Carolina Spill Litigation Settlement Trustee Committee, High School Athletic Association state cham- members of the New York Congressional Del- which administered a multimillion dollar settle- egation, I have seen firsthand the contribu- pionship, defeating Boiling Springs Crest, 31– ment fund to settle claims resulting from a 7, on December 3, 2011. tions MAURICE has made to the people of the 1988 oil spill. In that capacity, he spearheaded Northern Guilford scored first but only had a 22nd Congressional District, New York State the public acquisition of 10,000 acres of pri- six point lead going into the second half. Nine- and our entire nation. vately owned salt ponds along the northern teen unanswered points, in the third quarter A veteran of the U.S. Navy, Congressman was too substantial for Boiling Springs Crest HINCHEY rose from humble beginnings to shoreline of the San Francisco Bay in one of the largest coastal wetland restoration projects to overcome. ‘‘I know I get credit,’’ Northern serve in both the New York State Assembly Guilford Coach Johnny Roscoe told the in California’s history. and the House of Representatives. As an im- Greensboro News & Record, ‘‘But it’s the as- portant member of the Appropriations Com- Over the years Travis has been a tremen- sistant coaches and the players. They’re the mittee, Congressman HINCHEY has created dous leader in protecting San Francisco Bay ones who really do it, and I can’t say enough good paying jobs, invested in New York and while balancing the difficult roles of conserva- about them.’’ America’s infrastructure, protected middle- tion and development. He has established The Northern Guilford Nighthawks finished class families, championed for local farmers himself as a leading advocate for a regional their season with a 14–1 record and went and has been a great protector of our environ- undefeated, 7–0, in league play. The NCHSAA strategy to address climate change and sea ment. offensive and defensive players of the game I wholeheartedly thank Congressman HIN- level rise in the Bay Area. My colleagues and were Nighthawks Daniel Downing and Scooter CHEY for his service, leadership and friendship. I, as well as over 7 million residents in the Bay Mooney. T.J. Logan received the game’s Most He has shown inspiring strength and resolve Area, owe him a great debt of gratitude for Valuable Player award with a five touchdown in battling cancer while upholding the highest protecting our quality of life. performance. None of these accolades would level of commitment to his constituents and Travis was the 2009 recipient of the Jean have been obtained without the hard work and country. I wish Congressman HINCHEY both Auer Environmental Award and is a member determination from teammates Tre Purcell, health and happiness during the next chapter of the National Research Council Roundtable Cameron Harris, Brett Welch, Austin Hoke, in his life. John McBeth, Ryan Dirks, Nick Jones, Austin on Climate Change Education. He also serves f Coltrane, Mark Mitchell, Avery Cooper, on the Board of Trustees of the Bay Area Shaquille Fields, Burney Sindab, Justin RECOGNIZING WILL TRAVIS Council Economic Institute, the Board of Di- Timmons, Chris Ripberger, Malik Parker, Rob- rectors of the San Francisco Planning and ert Willcox, Rory Bergen, Bernard Sindab, T.J. HON. GEORGE MILLER Urban Research Association, the EcoAdapt Ruff, Trip Dunn, Trevon Cooper, Frankie OF CALIFORNIA Climate Change Adaptation Innovation Center, Lollis, Ryan Johnston, Trevor McKee, Austin IN THE HOUSE OF REPRESENTATIVES the Executive Management Committee of a Simmons, Max Klietsch, Tripp West, Blaine Wednesday, February 1, 2012 Joint Policy Committee of four regional agen- Jones, Eric Hong, Josh Steele, Kamen Smith, cies, the Community Advisory Board of KB Chris Forlano, Trevor Beck, Rashad Martin, Mr. GEORGE MILLER of California. Mr. Home Corporation and Friends of One Bay Sam Parker, Andrew Keen, Bryan Iddings, Speaker, I rise today with my colleagues, Con- Area. Furthermore, Travis is a member of Taylor Rumley, Molick Scott, Josh Moore, Alex gressman PETE STARK, Congresswoman LYNN Lambda Alpha, the honorary society for the Hasler, and Carlos Williams. WOOLSEY, Congresswoman ANNA ESHOO, The Nighthawks could not have achieved advancement of land economics, he has Congresswoman ZOE LOFGREN, Congress- the state championship without the leadership woman BARBARA LEE, Congressman MIKE chaired a special committee established by of Head Coach Johnny Roscoe and his out- THOMPSON, Congressman MIKE HONDA, Con- the City of Berkeley to work with the University standing staff, including J.R. Troutman, Brian gressman JERRY MCNERNEY, Congresswoman of California to develop a new plan for down- Thomas, Lee Meekins, Ben Hepler, Justin JACKIE SPEIER, and Congressman JOHN town Berkeley, and has served on the project Davis, Todd Sharp, Tim Bagamary, Richard GARAMENDI to recognize Will Travis, Executive team of ‘‘Saving the Bay,’’ a public television Burton, and Chris Shaffer. In addition, those Director of the San Francisco Bay Conserva- documentary film. aiding the title hunt were Stacy Come tion and Development Commission (BCDC) of Mr. Speaker, we invite this chamber to join (Cheerleading), Ed Kimbrough (Band Direc- 17 years, as he retires after 42 years of public us in honoring Will Travis for his tireless and tor), Ashlyn Thomas and Jenna Livingston service. (Video), Britt Thomas (ball boy), Kirstin dedicated service to the people of California Will ‘‘Tray’’ Travis, holds a Bachelor of Ar- Shepperson (Team Physician), Justin Ollis chitecture and a Master of Regional Planning and the San Francisco Bay Area. We also join (Trainer), Kalyn Wadsworth and K.T. Song degree from Pennsylvania State University. his family, colleagues, and friends in congratu- (UNCG Athletic Training Interns), Mercedes From 1970 to 1972 he served as BCDC’s first lating him on a successful and fulfilling career Wiglesworth, Sydney Monroe and Taylor Phil- Bay Development Design Analyst, after which at BCDC and wishing him well on his new ini- lips (Student Trainers), Perry Johnson (Man- he spent 12 years with the California Coastal tiative as a senior policy advisor for the Bay ager) and a special thanks to Mrs. Jane Ros- Commission, holding a number of positions, Area’s Joint Policy Committee. coe.

● 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 Sep 11 2014 12:16 Feb 23, 2017 Jkt 019102 PO 00000 Frm 00001 Fmt 0689 Sfmt 9920 E:\BR12\E01FE2.000 E01FE2 rmajette on DSK2TPTVN1PROD with BOUND RECORD 766 EXTENSIONS OF REMARKS, Vol. 158, Pt. 1 February 1, 2012 Congratulations are also deserved for those today. I am deeply thankful for Sergeant Mar- victions for the sake of political expediency who supported the football program at North- ion Gray’s heroism and sacrifice, and I con- gained him the love of his constituents and the ern Guilford throughout its successful season gratulate him on earning the Knight of the Le- respect of his colleagues on both sides of the including Principal Will Laine, Assistant Prin- gion of Honor. aisle. cipals Doug Foutty, Kris Vecchione, and Trav- f Terry began his principled and distinguished is Ward, as well as Athletic Director Brian career in public service on the Arnold City Thomas. HONORING MORTIMER SULLIVAN Council in the late 1970’s. From there, he Once more, on behalf of the citizens of the went on to represent Pennsylvania’s 54th Sixth District of North Carolina, we congratu- HON. KATHLEEN C. HOCHUL House District for nearly 20 years. By all ac- late the Northern Guilford High School football OF NEW YORK counts, he was a dynamic, yet congenial legis- team, along with the faculty, staff and students IN THE HOUSE OF REPRESENTATIVES lator who could defuse even the bitterest of political scuffles with his quick wit and radiant for their championship season. While every- Wednesday, February 1, 2012 one remembers the first time they achieved a smile. After leaving office in 2000, he worked major accomplishment, the Nighthawks proved Ms. HOCHUL. Mr. Speaker, I submit the fol- as a consultant and practiced law before re- that the second time is as sweet as the first. lowing proclamation. turning to public service in 2007 to serve as f Whereas: Mortimer Sullivan is a resident of municipal manager for Penn Hills, Pennsyl- Erie County and is married to Maryanne vania, a position he held until February of PERSONAL EXPLANATION Calella. They are the proud parents of two 2009. Just this past December, Terry was children, Mark and Michael; and hired by the Arnold Council to be its new city HON. PETER J. VISCLOSKY Whereas: In 1954, Mortimer graduated from clerk. OF INDIANA the University of Buffalo where he earned a While tragedy cut his life short, Terry will be remembered not for how he died, but for how IN THE HOUSE OF REPRESENTATIVES degree in Psychology and completed Western New York’s first college-accredited certificate- he lived—as a steadfast champion of the peo- Wednesday, February 1, 2012 granting law enforcement training program. He ple. Mr. VISCLOSKY. Mr. Speaker, on January also was the first commander of the Univer- Mr. Speaker, who can explain why great 31, 2012, I was absent from the House and sity’s Air Force ROTC Corps of Cadets; and men like Terry are taken from us prematurely? missed rollcall vote 12. Whereas: After graduating from College he The reality that Terry will no longer be able to Had I been present for rollcall 12, on agree- reported to active duty in the Air Force, and pursue his life’s passion of public service is ing to H. Res. 522, providing for consideration later served in the Air Force Office of Special truly a tragedy for everyone who calls the Alle- of H.R. 1173, a measure to repeal the CLASS Investigations Mobilization Reserve Program Kiski Valley home. I hope that his wife, Jac- program, I would have voted ‘‘no.’’ from which he retired in 1987; and queline, and all of his family and friends find f Whereas: Colonel Mortimer Sullivan earned comfort in knowing that Terry’s legacy will the Legion of Merit, Meritorious Service Medal, continue to inspire generations of public serv- CONGRATULATING MARION GRAY Army and Air Force Commendation medals, ants to come. and the New York State Conspicuous Service f HON. STEVE STIVERS Cross during his service; and IN CELEBRATION OF MARY CLARE OF OHIO Whereas: Mr. Sullivan was admitted to the HIGGINS IN THE HOUSE OF REPRESENTATIVES New York State Bar in 1964; and Whereas: Rising to the rank of Lieutenant, Wednesday, February 1, 2012 Mortimer is a founding charter member of the HON. RICHARD E. NEAL OF MASSACHUSETTS Mr. STIVERS. Mr. Speaker, I rise today to Erie County Sheriffs Scientific Reserve with 40 IN THE HOUSE OF REPRESENTATIVES congratulate Marion Gray on being named years of service; and Knight of the Legion of Honor by France. In Whereas: For 25 years, Mortimer Sullivan Wednesday, February 1, 2012 the course of his service in World War II Mar- chaired the Episcopal Diocese of Western Mr. NEAL. Mr. Speaker, I rise today to ac- ion Gray became the first Franklin County New York Committee on Constitutions and knowledge the accomplishments of former man to be wounded on the beaches of Nor- Cannons and received the Bishop’s Award for Mayor of Northampton, Massachusetts, Mary mandy on D-day. Ministry of the Laity; and be it further Clare Higgins. Born in Pittsburgh, Pennsyl- Throughout our nation’s history, courageous Resolved; That we pause in our delibera- vania, and raised in Brooklyn, New York, Mary men and women have selflessly fought time tions to honor Mortimer Sullivan for his dedica- Clare Higgins was the eldest girl among her and again to secure our liberty. Marion Gray tion and service to the Erie County Sheriff’s six siblings. Mayor Higgins later settled in is one of those courageous men. Department and our community. Northampton in the late 1970s where she fol- A true patriot, Sergeant Gray enlisted one f lowed in the footsteps of her father and be- day after the attack on Pearl Harbor. Gray came involved in local politics. then was sent to Camp Roberts to learn Com- HONORING THE LIFE OF FORMER Ms. Higgins’ first involvement in local gov- bat Intelligence. He later transferred into the PENNSYLVANIA STATE REP. ernment came in 1990 when she was ap- Medical Corps which allowed him to serve his TERRY VAN HORNE pointed by the Commonwealth of Massachu- country with the education in pharmacology setts to the Massachusetts Housing Authority. and pre-medicine that he gained at The Ohio HON. MARK S. CRITZ Distinguishing herself through her various State University. OF PENNSYLVANIA roles in municipal government, Ms. Higgins As a combat medic, Sergeant Gray travelled IN THE HOUSE OF REPRESENTATIVES was first elected to the Northampton City as part of the 29th Division of the 116th Regi- Council in 1994 and later as president of the Wednesday, February 1, 2012 ment to the beaches of Normandy, where he council in 1998. Since her election as mayor was part of the first wave to land on D-day. Mr. CRITZ. Mr. Speaker, I rise to celebrate in 2000, Ms. Higgins has dually served as Sergeant Gray’s regiment was one of the the life of a selfless community leader, accom- President of the Massachusetts Mayors’ Asso- hardest hit and during the course of that day plished lawmaker and skilled statesman. ciation and was a member of the Municipal Fi- Gray was injured twice. Thankfully, he sur- Former Pennsylvania state representative nance Task Force of Metro Mayors Coalition. vived but had to spend 30 days recovering in Terry Van Horne died on Monday, January 30, During her tenure as mayor, Ms. Higgins a hospital in South Hampton, England before 2012, at the age of 65. Terry was a gentleman has served as an advocate for the preserva- being returned to his original company. He who used his talents as a legislator to en- tion and expansion of Northampton in the later went on to help liberate St. Lo, France, hance the lives of the people of the Allegheny- twenty-first century. With her initiative for and served admirably until the end of the war Kiski Valley. He was known as an inde- growth within the community, Mayor Higgins in Europe. pendent-minded public servant who never al- saw promise in the development of Hospital It is because of the sacrifices made by Mar- lowed partisan politics to stand in the way of Hill and the ongoing preservation of open ion Gray and those he served with, that we doing what was best for his constituents. Ter- space throughout the city. Her accomplish- continue to enjoy the freedoms that we do ry’s unwillingness to compromise his core con- ments as mayor have been recognized by a

VerDate Sep 11 2014 12:16 Feb 23, 2017 Jkt 019102 PO 00000 Frm 00002 Fmt 0689 Sfmt 9920 E:\BR12\E01FE2.000 E01FE2 rmajette on DSK2TPTVN1PROD with BOUND RECORD February 1, 2012 EXTENSIONS OF REMARKS, Vol. 158, Pt. 1 767 number of local, statewide, and nationwide or- Gardeners Association MOFGA on their 40 As a former township supervisor myself, I ganizations for her distinguished service. year anniversary. can personally attest to the hard work, long Mary Clare Higgins has been an important Committed to the Maine tradition of local, hours and steadfast commitment it takes to ef- part of the history and the further advance- family owned agricultural businesses which ficiently operate and manage the day-to-day ment of Northampton in the years to come. produce some of the healthiest agricultural business of a township. The job can be dif- She in her role as a civil servant has placed goods available, Abby McMillen began orga- ficult at times, but the rewards far outweigh her responsibility as a municipal leader first. nizing membership for what would become any roadblocks faced along the way. There is Her contributions to the well-being of those MOFGA in 1971. The organization initially nothing quite like the satisfaction of seeing the whom she had the privilege to represent for served as a forum where organic growers work you have accomplished to improve the over a decade is a testimony of the quality of could learn from each other and perfect their community in which you live. Ultimately, you leadership Mayor Higgins has displayed. I am trade. By 1972, MOFGA was certifying organic know you are making a positive difference and honored to have known Mary Clare Higgins farms using standards laid out by Rodale Or- enhancing the quality of life for the genera- and I offer her my warmest regards and wish- ganic Garden. Today, the association has tions to follow. es for her future endeavors. grown to include 6,000 members and nearly Gordon’s resume includes a long list of ac- f 350 certified farms. complishments demonstrating his leadership MOFGA is also one of the most active skills and impeccable integrity. He has served HONORING THE 13 RECIPIENTS OF groups in the state. The association runs nu- on the City of Richmond’s Wellhead Protection THE CAMDEN COUNTY, NJ, FREE- merous educational, apprenticeship, and chari- Team which helped protect drinking water uti- DOM MEDALS table programs that connect Maine’s organic lized by area residents. He also was a key growers with each other and communities player in fostering the amicable relationship HON. ROBERT E. ANDREWS around the world. Their quarterly published with the City of Richmond through his work OF NEW JERSEY news paper, The Maine Organic Farmer & with the Richmond Volunteer Fire Department, IN THE HOUSE OF REPRESENTATIVES Gardener, is one of the nation’s leading infor- and triumphing key environmental issues to mation sources on organic agriculture and Wednesday, February 1, 2012 help maintain the rural setting that is espe- sustainable living practices. What’s more, the cially unique to Richmond Township. Mr. ANDREWS. Mr. Speaker, I rise today to annual Common Ground County Fair hosted Mr. Speaker, I am grateful for this oppor- honor the 13 recipients of the Camden County by MOFGA has become one of the state’s tunity to properly acknowledge Gordon Freedom Medal. In 2001, this high honor was most anticipated events each year. Thousands Fuerstenau’s strong record of outstanding and created to pay tribute to those who reflect the of people are drawn to the town of Unity from invaluable public service to Richmond Town- ideals and beliefs held by Dr. Martin Luther all over the country to enjoy live entertainment ship. I commend him on this very special oc- King, Jr. The honorees of this esteemed and meet with local farmers, vendors and arti- casion and offer my best wishes on many award are exemplary citizens who have made sans. more successes in the future. momentous contributions to their community in MOFGA has demonstrated itself to be an in- f a variety of ways. These individuals have not valuable resource for Maine growers and con- only dedicated themselves to bettering their sumers who are interested in learning about RECOGNIZING MR. JACK SCAROLA community, but have also worked selflessly to healthy food and environmentally friendly ON HIS DEDICATION TO HELPING bring together people of different backgrounds, farming methods. These agricultural practices END HOMELESSNESS cultures, and creeds. are beneficial to public health, the environment This award is unique in that it does not and Maine’s economy. Additionally, the asso- HON. ALCEE L. HASTINGS honor people only in one area of service, but ciation annually reviews farms and food proc- OF FLORIDA rather highlights individuals who have made essors to ensure that food labeled as organic IN THE HOUSE OF REPRESENTATIVES significant contributions to society, each in truly lives up to that standard. Wednesday, February 1, 2012 their own way. Recipients of this year’s award I wish MOFGA continued success in work- have done everything from establishing a col- ing with farmers, gardeners and families all Mr. HASTINGS of Florida. Mr. Speaker, it lege preparatory program for minority stu- across Maine to promote healthier and more heartened me to learn that Jack Scarola was dents, to founding an environmental program, nutritious eating options. recognized by the Lord’s Place for his work in to creating a 5K race in honor of a fellow Ma- Mr. Speaker, please join me in congratu- the fight against homelessness in the West rine killed in action, to providing free health lating the Maine Organic Farmers and Gar- Palm Beach area of Florida. Jack is a partner and education classes, among many other ac- deners Association on the 40th anniversary of in a prestigious West Palm Beach law firm complishments. its founding. who has supported homeless persons in the Mr. Speaker, it is with great pride that I con- f community since he moved to the area over gratulate all of the recipients of this year’s 30 years ago. He was a founding member of Freedom Medal: Atnre Alleyne, Nasim Badat, RECOGNIZING THE SERVICE OF the Lord’s Place, an organization I am proud Roger W. Barker, Lori Braunstein, Sister RICHMOND TOWNSHIP SUPER- to represent in my Congressional district that Helen Cole, Hardon H. Durrani, James E. VISOR GORDON FUERSTENAU is dedicated to breaking the cycle of home- Hannold, Linda Holscher, Melinda Kane, Mary lessness through engagement, housing, edu- Lamielle, Thelma Lenore Long, Robert Morrell, HON. CANDICE S. MILLER cation, and employment programs. He still is and Larry and Trudy Painter. I join the county OF MICHIGAN active with the Lord’s Place, just having fin- in paying tribute to these 13 individuals and I IN THE HOUSE OF REPRESENTATIVES ished serving as chairman of their Board of Di- thank them for helping carry out Dr. King’s rectors and having served on the Board for Wednesday, February 1, 2012 legacy with tireless dedication. more than 20 consecutive years. I appreciate f Mrs. MILLER of Michigan. Mr. Speaker, it is the work that he has done, and I would like to my distinct privilege today to recognize an ex- extend my deepest gratitude for his commit- HONORING THE 40TH ANNIVER- traordinary individual from Michigan’s 10th ment to serving the community. SARY OF THE MAINE ORGANIC Congressional District. On February 17, 2012, The Lord’s Place recently honored Jack with FARMERS AND GARDENERS AS- family, friends and neighbors of Mr. Gordon the Ending Homelessness Award. During the SOCIATION Fuerstenau will gather at the Richmond Town- award ceremony, a 1983 radio broadcast fea- ship Hall to celebrate his dedicated and honor- turing the organization’s efforts was played. HON. MICHAEL H. MICHAUD able record of public service. In total, Gordon Although the clip was a distant memory, Jack OF MAINE has served the Township of Richmond located instantly remembered giving the interview. It IN THE HOUSE OF REPRESENTATIVES in northern Macomb County for an impressive was early in the movement to help the home- 27 years, having first been elected as the less, and he and some other volunteers were Wednesday, February 1, 2012 Clerk in 1984 and then appointed to the posi- collecting donations on the steps of a local Mr. MICHAUD. Mr. Speaker, I rise today to tion of Supervisor in 2003 which he held until church. Jack was surprised at the community’s congratulate the Maine Organic Farmers and 2011. support for their cause. Since that time, he

VerDate Sep 11 2014 12:16 Feb 23, 2017 Jkt 019102 PO 00000 Frm 00003 Fmt 0689 Sfmt 9920 E:\BR12\E01FE2.000 E01FE2 rmajette on DSK2TPTVN1PROD with BOUND RECORD 768 EXTENSIONS OF REMARKS, Vol. 158, Pt. 1 February 1, 2012 has worked to turn this support into a commu- for what we believe in order to achieve free- but she will be most remembered for running nity-wide effort to help other people. dom and liberty without living in repressive the church’s Soup Kitchen. Mother Harris For over 30 years, he has helped to make conditions. never turned away a hungry person. She and the Lord’s Place fight against homelessness in The uphill struggles to promote and protect her volunteer staff provided nutritious meals to Palm Beach County. In 2010, the Lord’s Place human rights have been expanding in my be- countless people and ensured that the needy supported over 500 homeless men, women, loved district, from the efforts of the NAACP, received a bag of groceries and clothes. She and children. Jack played a critical role in Amnesty International, the American Citil Lib- ministered to the homeless who came to eat. building this organization. erties. Union, the Human Rights Campaign, Each day at noon, Mother Harris would stop Mr. Speaker, I would like to congratulate Mr. Alianza Dominicana, and several other out- whatever she was doing to lead a prayer. Her Jack Scarola for receiving the Ending Home- standing organizations that continue to be a passion for feeding the hungry extended be- lessness Award from the Lord’s Place. He is cornerstone in my Harlem community for peo- yond her service in the church. Mother Harris truly a selfless individual that has dedicated ple who would otherwise not have the essen- often prepared large pots of soup in her own his life to helping those in their greatest time tial civil liberties of participating in the political kitchen and delivered meals to the homes of of need. process. seniors and the disabled. f Mr. Speaker, I ask that you and my col- Mother Harris was a strong pillar in her city. leagues join me in expressing the utmost grat- She encouraged others in the community to IN RECOGNITION OF THE 60TH AN- itude towards the work of the Universal Dec- vote and supported the campaigns of many NIVERSARY OF THE UNIVERSAL laration of Human Rights and the numerous who sought elected office by giving advice, DECLARATION OF HUMAN organizations that fight diligently for to pre- raising contributions, and feeding candidates RIGHTS AND THE INTER- serve our fundamental principles of humanity. in local, state, and national elections. NATIONAL DAY OF HUMAN We must work tirelessly to ensure that all The City of Richmond declared May 5, RIGHTS Americans and around the world exercise the 2007, ‘‘Mother Harris Day’’ in honor of her same basic human rights. contributions to the community. A bench was HON. CHARLES B. RANGEL f dedicated to her outside of North Richmond OF NEW YORK Missionary Baptist Church. Mother Harris was HONORING NOVELEAN ‘‘MOTHER’’ IN THE HOUSE OF REPRESENTATIVES a life member of the Richmond Branch HARRIS Wednesday, February 1, 2012 NAACP and was a founding member of the Cosmetology Organization of the Greater Bay Mr. RANGEL. Mr. Speaker, it is with great HON. GEORGE MILLER Area. enthusiasm that I rise in recognition of the his- OF CALIFORNIA Simply stated by Mother Harris, ‘‘God gave toric International Day of Human Rights and IN THE HOUSE OF REPRESENTATIVES me a vision early in my life to reach out and the 60th Anniversary of the Universal Declara- Wednesday, February 1, 2012 help those in need.’’ She leaves a legacy for tion of Human Rights that passed on Decem- us all to follow. ber 10, 2011. It was a day that recognized the Mr. GEORGE MILLER of California. Mr. I ask my colleagues to join with me in offer- momentous efforts made in 1948 by the Speaker, I rise today and invite my colleagues ing sincere condolences to her children, fam- United Nations General Assembly which de- to join me in honoring Novelean ‘‘Mother’’ Har- ily, and friends. clared that the citizens of the world have basic ris of Richmond, California, who passed on f and essential human rights. This effort was in January 11, 2012 at the age of 95. Mother reaction to the immediate aftermath of the Harris was a deeply religious and caring WORTH THE WAIT FOR PAGE crimes against humanity in World War II. This woman who fed and clothed the unfortunate PIRATES FANS noble accomplishment made by the inter- and those in need, and a pioneering business national community established the funda- owner in her community. HON. HOWARD COBLE mental freedoms of humankind and worked Mother was the second child born to the OF NORTH CAROLINA not only to cultivate, but also continuously pro- late Charlie and Lillie Turner on Thursday, IN THE HOUSE OF REPRESENTATIVES tect international peace. June 15, 1916 in Bernice, Louisiana. She The adoption of the Universal Declaration of came to know Christ at an early age when her Wednesday, February 1, 2012 Human Rights signified an international com- family moved to El Dorado, Arkansas, and Mr. COBLE. Mr. Speaker, the saying that mitment to preserving and building the founda- joined the New Bethel Baptist Church. Later, good things come to those who wait can be tion of human rights, which serves as an en- Novelean married the love of her life, the late applied to the fans of the Walter H. Page High during resolve for advocates around the world. George H. Harris, and had two sons, James School football team. Page fans have been 2011 was a historic year that recognized the and George, and a daughter, Carolyn. waiting since 1985 for their football team to momentous actions of global protestors trying George moved his family to Richmond, Cali- capture a state championship. The Pirates to rid themselves of tyranny and move to- fornia, in 1943 to seek better opportunities. completed a 15–0 perfect season with the title wards democracy. Met with forceful and dan- Soon afterwards, George and Mother joined win, on December 3, 2011. I would like to take gerous opposition, these protestors stayed the North Richmond Missionary Baptist Church, this time to recognize Page High School’s course and fought for what they believed in. under the late Reverend F.W. Watkins, where football team, located in the Sixth District of In June of 2011, I met with Iran180, a multi- they were active participants in their church North Carolina, for winning the Class 4–AA cultural and multi-faith organization estab- and their community. George opened one of state championship. The Page Pirates de- lished with the goal of addressing the human the first successful insurance businesses in feated Garner High, 35–21, in front of more rights violations and aggressive pursuit of nu- Richmond. He was also one of the first African than 10,000 fans at BB&T Field in Winston clear weapon development. I, alongside sev- Americans to serve on the Contra Costa Salem. eral members of the New York delegation pre- County Grand Jury. With the goal in mind to The Pirates took the lead in the second sented an award to Mr. Ahmad Batebi, a stu- also own a business, Novelean enrolled at the quarter and never looked back. ‘‘Our kids be- dent who was involved in the July 1999 pro- Charm Beauty School in Oakland, obtained lieved they were supposed to be here, and I tests against the Iranian government at her state cosmetology license, and opened the believe they not only deserve to be here, but Tehran University. He was arrested, tried in first African American owned beauty salon in to win it, and we did,’’ Page Coach Kevin Gil- closed-door proceedings, was sentenced to North Richmond. She later established lespie told the (Greensboro) News & Record. death and spent eight years being tortured in Novelean’s Beauty Salon on the Southside of The program’s undefeated 15–0 record solidi- prison until his escape in 2008. Since then, the city where she mentored and trained other fies both his and the player’s beliefs. Batebi serves as the chairman of Cyber Dis- women to become licensed cosmetologists. At Garner High began to gain momentum and sidents where he continues to advocate for the time of her death, Mother Harris held one cut the lead to seven points in the third quar- human rights and democracy. of the oldest business licenses in the City of ter, but Pirates quarterback, James Summers Mr. Batebi is an inspiration to all people, es- Richmond. answered with a 54-yard touchdown on the pecially to those living under oppressive cir- Mother Harris served in many capacities at very next play. This display of athleticism and cumstances. We have to stand up and fight North Richmond Missionary Baptist Church, determination earned him the game’s Most

VerDate Sep 11 2014 12:16 Feb 23, 2017 Jkt 019102 PO 00000 Frm 00004 Fmt 0689 Sfmt 9920 E:\BR12\E01FE2.000 E01FE2 rmajette on DSK2TPTVN1PROD with BOUND RECORD February 1, 2012 EXTENSIONS OF REMARKS, Vol. 158, Pt. 1 769 Valuable Player award. All members of the sense of community that it does today. I offer provision of training, support and resources, Page football team contributed to the perfect my congratulations to Columbus Rotary on its Kentucky CASA partners with National CASA, season, including Jalen Gavin, Carter Stanley, 100 years, and I look forward to many more local programs and others to serve as a pow- Jonathan Lynch, Kysung Young, Brian Spain, years to come. erful voice in a child’s life. Jarvis Small, Orlando Hatfield, Blake Hickman, f Alex had an unbridled compassion for Carter Greene, Jordan Putnam, Thomas Little, abused and neglected children. He worked Christian Cranford, Marcus Demery, Ed Britt, RECOGNIZING THE 100 YEAR ANNI- diligently on their behalf as part of Kentucky Ryan Jackson, William Henry, Savon Wall, VERSARY OF THE GIRL SCOUTS CASA for nearly eight years. He assisted local Shedrick Pate, Drew Rogers, Devonta Hooker, OF AMERICA chapters and worked to increase the number Kahlil Wilson, Evan Roer, A.J. Capel, Shaun of counties in the Commonwealth with CASA Workinger, Grant Brewer, Eric Kelly, Justin HON. KATHLEEN C. HOCHUL volunteers to ensure more children benefit Smith, Tim Wharton, Lorenzo Featherston, OF NEW YORK from this important service. DeAnthony Brooks, Chance Maness, Ventura IN THE HOUSE OF REPRESENTATIVES Alex graduated from Centre College in 2003. He served on the Kentucky Court of Anthony, Jacob Green, Anthony Hope, Chris Wednesday, February 1, 2012 Hamrick, Arrius McCain, David Jennings, Justice’s Improvement Project Advisory Board Jaxon Cummings, Jonathan Smith, Kemp Ms. HOCHUL. Mr. Speaker, it is my honor and National CASA’s Inclusion and Diversity Young, Andrew Lamore, Dishon Stewart, Isa- to recognize the one hundred year anniversary Committee, as well as Public Policy Co-Chair- iah Towns, Rasheen Wall, Lewis Jones, Alex of the Girl Scouts of America. Founded in man for Kentucky’s Blue Ribbon Panel on Alverez, Matt Mayfield, Tevin Morrison, Chris 1912 by Juliette Gordon Low, this organization Adoption and Safety. Mosley, and Tommy Laughon. has cultivated courage, confidence, and char- Mr. Speaker, I ask my colleagues to join me Credit must be given to Head Coach Kevin acter in young women and girls across the in honoring and remembering my friend, Alex Gillespie and his staff including Norman Nation. It is the largest organization for girls in Blevins. Kentucky is a better place because of Weeks, Gordon Hagen, Todd Halkyer, Cody the world and includes 3.2 million scouts Alex and his outstanding contributions to the Page, Wilson Helms, Chris Ferguson, Kevin today. Through volunteering, community serv- Commonwealth. His leadership and compas- Harris, Earl Sams, Jesse Britt, Malcolm ice, adventures, and, of course, cookie sales, sionate advocacy on behalf of children will be Parker, Mark Raynor and Russell Mills, for the these young women have become the emerg- sorely missed. success and growth these young men accom- ing leaders of our world today. f plished this season. Girl Scouts participate in a wide variety of Additionally deserving credit is Principal services and projects, from science and tech- HONORING MR. OFIELD DUKES Marilyn Foley, Athletic Director Rusty Lee, nology based activities to programs focused Nikki Kennedy (Trainer), and Jeremy Godwin on financial literacy and understanding. Cam- HON. BARBARA LEE (Statistician). paigns launched by the Girl Scouts in the past OF CALIFORNIA They may have waited 27 years, but win- have included action against bullying and IN THE HOUSE OF REPRESENTATIVES awareness of eating disorders. The highest ning with a perfect record was worth the wait. Wednesday, February 1, 2012 Again, on behalf of the Sixth District of North achieving scouts even get the opportunity to Carolina, we congratulate the Page High apply for a Capitol Hill internship. Ms. LEE of California. Mr. Speaker, I rise School football program, along with the faulty, The organization is undeniably an American today with Chairman EMANUEL CLEAVER II and staff, students and supportive community for institution committed to developing women my colleagues in the Congressional Black their championship season. leaders, and thus the hundred year mark Caucus, CBC, to honor the extraordinary life f comes with much celebration. In honor of this of Mr. Ofield Dukes. A trailblazing public rela- century of service, 2012 has been designated tions titan known far beyond the communica- RECOGNIZING THE ROTARY CLUB ‘‘The Year of the Girl,’’ and the projects we will tions world, Ofield Dukes will be remembered OF COLUMBUS see are ambitious, eclectic, and simply inspir- as a civil rights champion, an inspiring educa- ing. As a Nation, let us recognize the astound- tor, a skilled mentor, and a trusted advisor to HON. STEVE STIVERS ing efforts of the organization and continue to the world’s most prominent leaders. With his OF OHIO support the Girl Scouts of America. passing on December 7, 2011, we look to Mr. IN THE HOUSE OF REPRESENTATIVES f Ofield Dukes’ political legacy and the outstanding quality of his life’s work. Wednesday, February 1, 2012 IN MEMORY OF ALEX BLEVINS Born in Rutledge, Alabama, Mr. Dukes grad- Mr. STIVERS. Mr. Speaker, I rise today to uated with a degree in journalism from Wayne recognize the Rotary Club of Columbus for its HON. GEOFF DAVIS State University after having been a journalist centennial year of providing exceptional, OF KENTUCKY while serving in the United States Army during ‘‘Service Above Self,’’ and for truly living up to IN THE HOUSE OF REPRESENTATIVES the Korean War. He soon made a name for its motto throughout these past 100 years. himself as an award-winning writer for the The Rotary Club of Columbus was char- Wednesday, February 1, 2012 Michigan Chronicle and, in 1964, Mr. Dukes tered on March 5, 1912, as the 38th club in Mr. DAVIS of Kentucky. Mr. Speaker, I rise was hired as Deputy Director of Information Rotary International. Ever since that time, Co- today in honor and memory of Alex Blevins, a for President Lyndon Johnson’s Committee on lumbus Rotary has contributed a great amount devoted father and husband, and the Execu- Equal Employment Opportunity. Within two to the Columbus area. In 1919, the Rotary tive Director of the Kentucky Court Appointed years, he had become communications ad- helped to organize the Ohio Society for Crip- Special Advocate or CASA organization. viser to Vice President Hubert Humphrey. In pled Children, now known as Easter Seals. Alex leaves behind his wife Alice and their 1969, Dukes founded Ofield Dukes and Asso- The Rotary established Camp Enterprise in two beautiful children, Harper and Charlie. ciates (ODA), one of the most enduring and 1967 to teach the Free Enterprise system to Their father was a man who spent years work- successful public relations firms in the country, teenagers, and the program went on to being as a determined advocate for children in specializing in minority, African-American, Afri- come a model for Clubs across the country. In need, particularly those who were abused and can, and political affairs. ODA elevated the 2003, the Rotary was especially instrumental neglected. On behalf of my wife Pat and my- profiles of artists, business people, students, in establishing the Rafiki Orphanage in self, I want to extend our deepest sympathies Civil Rights heroes, Members of Congress and Nairobi, Kenya. Columbus Rotary projects to the Blevins family. Presidents, alike. continue today and include important pro- Alex dedicated much of his professional ca- During an era still marred by the scourge of grams and initiatives like Adopt-A-School, reer to Kentucky CASA’s mission of providing racism and segregation, Mr. Dukes utilized Homeless Family Foundation, and annual leadership and support for local CASA organi- brilliant public relations strategies to galvanize scholarships to local students. zations that recruit and train volunteers to support for the Civil Rights movement and to Without the hard work and selfless contribu- serve abused and neglected children as court get out the vote in the African-American com- tions of Columbus Rotary and its members our appointed special advocates. Through state- munity after the Voting Rights Act of 1965. great city would not have the vibrancy and wide advocacy of the CASA mission and the Moreover, without his tireless work, the CBC

VerDate Sep 11 2014 12:16 Feb 23, 2017 Jkt 019102 PO 00000 Frm 00005 Fmt 0689 Sfmt 9920 E:\BR12\E01FE2.000 E01FE2 rmajette on DSK2TPTVN1PROD with BOUND RECORD 770 EXTENSIONS OF REMARKS, Vol. 158, Pt. 1 February 1, 2012 would not be ‘‘the conscience of the Con- the epitome of the ideal American worker: Cecil Nobles, the much celebrated Sheriff of gress’’ it is today. He was the organizer of the loyal, dedicated, and hardworking. Long County, GA, and a pillar of his commu- first CBC dinner, and a CBC Foundation At this year’s event, several individuals and nity. Board member for 14 years. His vast political organizations received special recognition. Cecil Nobles was born on February 21, experience and guidance helped expand the Ray Kasmark, Business Manager, Inter- 1935 in Long County, GA, to Raymond Elliott CBC from its original 13 Members of Con- national Brotherhood of Electrical Workers and Minnie Baxter Nobles. Raised in Long gress in 1971 to 43 Members today. Local 697, was this year’s recipient of the County, he was educated in Long County Mr. Dukes also orchestrated the 1981 na- President’s Award. Mr. Kasmark was honored schools and graduated from Ludowici High tional march on Washington, D.C. to make the for his many years of service and his excep- School in 1953. After high school, Mr. Nobles birth date of Dr. Martin Luther King, Jr. a national contributions to the well-being of work- earned a Bachelor’s degree in Business and a tional holiday. ers throughout Northwest Indiana. Master’s degree in Education from Georgia Furthermore, Mr. Dukes brought the wealth The Democratic Members of the Indiana Southern University. of his experience to the classroom, spending House and Senate received the Service to Soon after graduation, Cecil Nobles began over twenty years as a professor at Howard Labor Award for their tireless efforts to assist teaching in the Long County school system University and nearly a decade at American organized labor with improving the quality of from 1959 until 1969. During that time, he also University. It was there that he instilled young life for workers in Northwest Indiana. served as an Assistant Principal and as the minds with the powerful public relations tools Randy Palmateer, Business Manager, elected Coroner of Long County from 1962 necessary to create new generations of social Northwestern Indiana Building and Construc- through 1968. Mr. Nobles made a remarkable justice. Renowned for his professionalism, tion Trades Council, was presented with this impact within the realm of education when he teaching prowess and strong sense of loyalty, year’s Union Label Award for his unselfish de- taught one of the first integrated classes in Ofield Dukes encouraged hundreds of African- votion to the Labor Movement through social, Southeastern Georgia. American students to enter the field of public civic, educational, and political endeavors. Forever dedicated to Long County and pub- relations. He was a gatekeeper for African- United Steelworkers Local 6787 accepted lic service, Cecil Nobles rose to become the American reporters needing access to the the Community Services Award for its mem- longest serving Sheriff in the State of Georgia White House for every Democratic administra- bers’ exemplary service to the community and and the second longest serving Sheriff in the tion since the 1960s, a founding member of the enhancement of the quality of life for peo- United States. During his eleven terms as the Black Public Relations Society of Wash- ple in Northwest Indiana, as demonstrated by Sheriff and two terms as Coroner, Mr. Nobles ington, D.C., and the first African American to their countless hours of volunteerism and was always known for his tireless dedication receive the Public Relations Society of Amer- charity work. to public service, his commitment to law en- ica’s Gold Anvil, the industry’s highest honor. For his outstanding leadership skills and forcement, and his love of his family and For over four decades, Ofield Dukes’ career dedication to assist working Americans friends throughout Long County and beyond. and influence spanned CBC milestones rang- through trying times, Rich Trumka, President, Sheriff Nobles was part of a vanishing tradi- ing from their boycott of President Nixon’s American Federation of Labor—Congress of tion in Georgia of long serving, old school State of the Union address to demand White Industrial Organizations, received the Leader- sheriffs. In many ways he ran Long County. If House recognition in 1971 to his articles cele- ship Award. you wanted something done with one phone brating the CBC’s 40th anniversary in 2011, Roger Jachna, Jr., of International Brother- call, you dialed his number and his influence under the historic leadership of President hood of Electrical Workers Local 697, and Wil- did not end at the county line. Using his exten- Barack Obama. He was a friend to the CBC liam Beck, of Pipefitters Local 597, received sive Rolodex, which may have not been a every step of the way, and the Congressional the George Meany Award, an honor bestowed rolodex, but it certainly was not an email list, Black Caucus could not have asked for better upon them by the Boy Scouts of America. of elected officials, and agency heads, he al- Mike Summers, former Business Manager guidance and company. ways knew just who to call. He fought for ev- of Ironworkers Local 395 and former President Therefore, the Congressional Black Caucus erything as if it was the last chance between of the Northwestern Indiana Building and Con- salutes and honors the life of this outstanding Long County’s survival and its bankruptcy. He struction Trades Council, was honored with man, while mourning the loss of an incredible secured funding for countless projects and his the Lifetime Achievement Award. The excep- partner in the pursuit of justice and equality. legacy in South Georgia will be long lasting. tional service he has so generously provided The great Ofield Dukes and his masterful con- Most importantly he never forgot a friend and to the community deserves our admiration and tributions to the success of progressive and frequently used two words that have become respect. His dedication and commitment are talented leaders throughout the world have rare in politics: ‘thank you.’ In turn today we representative of the values we cherish in helped to change the course of history. His thank him for his service. I was proud to call Northwest Indiana. legacy and light will forever live on, and he will him a friend. Northwest Indiana has a rich history of ex- be deeply missed. cellence in its craftsmanship and loyalty by its f f tradesmen. These individuals are all out- RECOGNIZING THE FOURTH GRADE THE 37TH ANNUAL COMMUNITY standing examples of these qualities. They CLASS AT WHITE OAKS ELEMEN- LABOR AWARDS RECEPTION have demonstrated their loyalty to both the TARY SCHOOL IN BURKE, VIR- union and the community through their hard GINIA work and self-sacrifice. HON. PETER J. VISCLOSKY Mr. Speaker, I ask that you and my distin- OF INDIANA guished colleagues join me in congratulating HON. ERIC CANTOR IN THE HOUSE OF REPRESENTATIVES these dedicated, honorable, and exemplary OF VIRGINIA Wednesday, February 1, 2012 citizens, as well as all of the hardworking IN THE HOUSE OF REPRESENTATIVES Mr. VISCLOSKY. Mr. Speaker, it is my dis- union men and women in America. They have Wednesday, February 1, 2012 tinct honor to congratulate some of the most shown commitment and courage toward their Mr. CANTOR. Mr. Speaker, I rise today to devoted and proficient workers in Northwest pursuits, and I am proud to represent them in recognize the fourth grade class at White Indiana. The Northwest Indiana Federation of Washington, DC. Oaks Elementary School in Burke, Virginia for Labor, American Federation of Labor—Con- f their foresight, charity, and patriotism. Re- gress of Industrial Organizations, recognized RECOGNIZING CECIL NOBLES cently, these students collected seventy-six several individuals for their dedication during dollars and donated it to the United States the 37th Annual Community Labor Awards Re- HON. JACK KINGSTON Treasury to go towards paying down our na- ception, which was held at Wicker Memorial tion’s skyrocketing debt. OF GEORGIA Park in Highland, Indiana, on January 31, At a time when our national debt is over $15 IN THE HOUSE OF REPRESENTATIVES 2012. These individuals, in addition to the trillion, these fourth graders have realized we other Northwest Indiana Federation of Labor Wednesday, February 1, 2012 must manage down our debt and get our fiscal members who have served Northwest Indiana Mr. KINGSTON. Mr. Speaker, I rise today to house in order. Their selfless contribution to- so diligently for such a long period of time, are recognize the life and accomplishments of wards tackling this problem is a promising sign

VerDate Sep 11 2014 12:16 Feb 23, 2017 Jkt 019102 PO 00000 Frm 00006 Fmt 0689 Sfmt 9920 E:\BR12\E01FE2.000 E01FE2 rmajette on DSK2TPTVN1PROD with BOUND RECORD February 1, 2012 EXTENSIONS OF REMARKS, Vol. 158, Pt. 1 771 that the future leaders of our country realize nieces, nephews, and other extended family. military’s core missions: keeping America that Washington’s out of control spending is May God comfort Patricia and Bing’s entire safe and winning wars. growing at an unsustainable rate. Just as any family with the assurance of His grace and Right now it is difficult for Congress to determine how much money is spent on pro- family or business must do, Washington must with the assurance of the gratitude of the peo- tecting the U.S. The ‘‘military’’ budget gives live within its means so that future generations ple of Richmond whom he served and loved. an exaggerated impression of the cost of our have the same opportunity to earn success f national defense. When Congress adds bur- that has always made America so great. I only dens to the military, direct costs like fuel, hope that Americans—young and old—can fol- ‘‘WHAT’S THE REAL DEFENSE food and relief supplies may be calculated low the example set by this remarkable group BUDGET?’’ BY MALLORY FACTOR and expressed in the budget. of young students. But these items are just a small part of these missions, and the larger costs get bur- Mr. Speaker, I ask that you join me today in HON. TIM SCOTT ied. These hidden costs include recruiting applauding the fourth graders at White Oaks OF SOUTH CAROLINA and training extra troops, purchasing and Elementary School for their selfless contribu- IN THE HOUSE OF REPRESENTATIVES servicing additional equipment, additional tion towards managing down our national Wednesday, February 1, 2012 layers of bureaucracy, and maintaining and debt. enlarging bases, none of which are separated f Mr. SCOTT of South Carolina. Mr. Speaker, out in the budget as relating to nondefense I submit an article on behalf of Mallory Factor missions. REMEMBERING BING WELCH expressing his opinion regarding the need for The military’s nondefense activities may transparency with respect to the different roles or may not be warranted, but their total of our military. costs must be transparent. If Congress does HON. MIKE PENCE not consider these costs separately, tradi- OF INDIANA ‘‘WHAT’S THE REAL DEFENSE BUDGET?’’ tional defense missions and essential equip- IN THE HOUSE OF REPRESENTATIVES [By Mallory Factor] ment upgrades will be crowded out. America is a compassionate nation and Wednesday, February 1, 2012 The new Congress won the election by promising to cut spending, and would surely engage in humanitarian activi- Mr. PENCE. Mr. Speaker, I rise with a unsurprisingly the defense budget is on the ties even if their true costs were known. But heavy heart to honor the passing of Mr. Bing table for the first time in more than a dec- why charge these costs to the defense budget Welch, city councilman and community leader ade. and then hide them? Only by demanding that from Richmond, Indiana. Secretary of Defense Robert Gates recently the military budget be limited to legitimate announced $78 billion in defense spending defense activities can Americans know how Bing Welch was born in Tennessee and many dollars we are actually devoting to our later attended the University of Tennessee. cuts over the next five years, including reductions in troop levels for the Army and national security. After serving in the 40th Armor Division in Some military leaders have privately esti- Marine Corps. These types of cuts suggest mated that if these nondefense-related ac- Korea for more than two years, Bing settled in that the military is working to become lean- tivities were eliminated or given a separate Richmond. There he was employed by er and more efficient. Still, many Americans budget, defense spending could be substan- ALCOA as a tool designer, but later trans- and congressmen are calling for deeper cuts. ferred to North Carolina and Kentucky before Not counting the cost of the wars in Af- tially reduced and at the same time the mili- ghanistan and Iraq, the Defense budget is ex- tary’s war-fighting capabilities increased. settling in Richmond once again in 1969. Given this uncertainty, before any addi- His 37-year tenure at ALCOA was marked pected to be $553 billion in 2012, up from $549 billion in 2011. That outlay currently rep- tional cuts are made to military spending, by several notable accomplishments and op- Congress must demand transparency with re- portunities, such as product development of resents 19% of the entire federal budget and over 50% of U.S. discretionary spending; cut- spect to the different roles of our military. plastic soft drink bottles and pull-tabs on cans. ting it would go a long way toward reining in f By the time he retired, he was a member of government spending. But before further the 25-Year Club and had traveled across the slicing the military budget, Congress must PERSONAL EXPLANATION country representing ALCOA in product liability reconsider the military’s mission and what lawsuits. activities it should undertake. HON. PETER WELCH In the mid 1970s, Bing decided to become The purpose of a large standing army is to OF VERMONT more active in the community which he loved provide for our national defense. In essence, IN THE HOUSE OF REPRESENTATIVES the defense budget is an insurance policy so well, and he was appointed to fill a vacant that protects the U.S. against threats from Wednesday, February 1, 2012 At-Large position on the Richmond Common other nations and groups. But in recent Mr. WELCH. Mr. Speaker, during rollcall Council. He would go on to serve on the coun- years a growing percentage of that budget vote No. 12 on H. Res. 522, I mistakenly re- cil, including time spent as president, for an has been spent on activities that don’t in- corded my vote as ‘‘yes’’ when I should have astonishing and admirable 22 years. Bing’s volve traditional national defense. These in- voted ‘‘no.’’ legacy of leadership also includes service on clude nation-building, policing foreign na- the boards for the Richmond Sanitary District, tions, humanitarian missions and ferrying f the Parks and Recreation Department and executive- and legislative-branch leaders and their attendants around the globe. While A TRIBUTE TO THE SERVICE OF Richmond Power and Light, where he spent these activities may be tangentially related JACK KING time as chairman. Additionally, Bing was a to our standing in the world, they do not en- member of the Corridor North Commission hance our war-fighting capabilities; rather HON. JIM COSTA that planned the development of U.S. 27 they relate more to the success of our for- OF CALIFORNIA eign policy than to our national defense. North. IN THE HOUSE OF REPRESENTATIVES The Richmond community remembers Bing This increase in nondefense missions has as a man of character who loved God, his been accompanied by a dramatic shift from Wednesday, February 1, 2012 family, his community, and his country. He war-fighting to nation-building. The official Mr. COSTA. Mr. Speaker, I rise today with White House website now describes the func- my California delegation colleagues Mr. LUN- was known for his incredible leadership, hon- tion of the Department of Defense as to esty, commitment, and integrity. Bing’s focus ‘‘protect national interests through war- GREN, Mr. CARDOZA, Mr. FARR, Mr. DENHAM, was always on the interests of the people he fighting, providing humanitarian aid and Ms. RICHARDSON, Mr. BACA, Mr. HERGER, Mrs. served, and during his long career in public performing peacekeeping and disaster relief CAPPS, Mr. FILNER, Ms. LOFGREN, Ms. MATSUI, service and in business, he made Richmond a services.’’ Is war-fighting just one among the Mr. NUNES, Mr. MCNERNEY, Mr. THOMPSON, better place. He and his wife founded the many functions we want our military to per- Mr. SCHIFF, Ms. LEE, Ms. LORETTA SANCHEZ, Concerned Citizen coalition, and he also form? Ms. ESHOO, Ms. CHU, Ms. SPEIER, Ms. LINDA Rightly or wrongly, we give our military helped start the Jerry Lawrence Memorial Golf SA´NCHEZ, Mr. BECERRA, Ms. HAHN, Mr. SHER- these various assignments because we don’t Outing. want to pay someone else to do them, and MAN, Mr. HONDA, Mr. MCCLINTOCK, Mr. CAL- I offer my deepest condolences to his wife other government entities currently can’t. VERT and Senator FEINSTEIN, to pay tribute to of 57 years, Patricia; as well as his daughter Yet just because our military can do these Mr. Jack King on the occasion of his retire- Kristi; son Brian; grandchildren Morgan, jobs doesn’t mean that it should. Indeed, ment from the California Farm Bureau Federa- Blaine, Jessica, and Nathan; and his many these assignments shift focus away from the tion. For more than 35 years, Jack King has

VerDate Sep 11 2014 12:16 Feb 23, 2017 Jkt 019102 PO 00000 Frm 00007 Fmt 0689 Sfmt 9920 E:\BR12\E01FE2.000 E01FE2 rmajette on DSK2TPTVN1PROD with BOUND RECORD 772 EXTENSIONS OF REMARKS, Vol. 158, Pt. 1 February 1, 2012 worked on behalf of our nation’s farmers and sulted in injury and amputation of limbs of census form. Ernest served his country honor- ranchers to ensure that they have a voice in women and children as well as soldiers and ably as a soldier in the Army, where he had our nation’s capital. His passion for agriculture people living in hazardous partially bombed- an expert shot, having picked up the skill from has made him a strong and effective advocate out apartment buildings in the cities and in deer hunting with his grandfather. During for the American Farm Bureau Federation and lean-tos among the debris of demolished vil- World War II, Ernest participated in the land- the California Farm Bureau Federation. lages. ing at D-Day in 1944 and would later pass on Growing up on a dairy farm in Wisconsin Upon my return, I urged Congress not to the value of service to ones country to his taught Jack the value of hard work, and the forget the long-suffering people of Nagorno- son, Richard who served in the Vietnam War. important role agriculture plays in America— Karabakh. And I rise today to do the same. After serving his country, Ernest served his specifically when it comes to feeding and In 1921, Joseph Stalin, then the comissar tribal community by working at Sherman In- clothing our families and supporting our econ- for nationality affairs in the Transcaucasia Bu- dian School and by serving on the Soboba omy. Upon graduating from the University of reau of the Communist Party, declared tribal council during the 1970s. During his time Wisconsin, Jack began his career in agri- Nagorno-Karabakh to be an autonomous re- on the Soboba tribal council, Ernest provided culture with the university’s cooperative exten- gion controlled by Azerbaijan as part of his di- great leadership in rebuilding his tribal com- sion office. Jack then went on to work for the vide and rule strategy. Historically, the majority munity and has fostered understanding and Wisconsin Council of Agricultural Cooperatives of the population in Nagorno-Karabakh has respect for Native People in everything that he and the Wisconsin Council of Agriculture. In been Armenian and the people have always did. His son Robert Salgado, Sr., would later 1973, Jack ventured west and joined the Cali- had close ethnic, religious and familial ties serve on the Soboba tribal council as Chair- fornia Farm Bureau Federation as assistant with Armenia. man of the tribe. As a young man, I have the manager of the information division. In the years leading to the breakup of the privilege of knowing Robert and meeting the Jack expanded his work with the Farm Bu- Soviet Union, the Karabakh Armenians peti- Soboba Tribe during baseball games on res- reau, and in 1985, he became news services tioned in 1987 for inclusion of Nagorno- ervations. In my time spent with them, the director for the American Farm Bureau Fed- Karabakh in the state of Armenia. In 1991, Soboba Tribe always welcomed me and treat- eration. Based in Illinois, Jack managed inter- they petitioned for independent state status. ed me like family. nal and external communications and often To date, the situation remains unresolved. Ernest is survived by his children, Ernie worked in conjunction with the Washington, Shortly after the break-up of the Soviet Salgado, Jr., Robert Salgado, Sr., Richard DC office to ensure that legislators were con- Union, Armenians in Azerbaijan and Nagorno- Salgado, Sr., Lorraine ‘‘Raina’’ Maciel, Francie nected with farmers and ranchers. In 1994, Karabakh endured great hardship, including Diaz and Rose Salgado; his brothers and sis- Jack returned to California to serve as man- pogroms in Sumgait (February 1998), in ters, Nella Salgado Heredia, Frances Bentiste ager of the California Farm Bureau Federa- Kirovabad (November 1988) and in Baku (Jan- Arres, Alice Bentiste Helms, Henry ‘‘Sonny’’ tion’s National Affairs Division. He served as a uary 1990). Bentiste and William ‘‘Billy’’ Bentiste, as well direct link between farmers, ranchers, and A January 19, 1990, New York Times article as a loving family of grandchildren and great- Members of Congress. described the Baku pogrom as a ‘‘massacre.’’ grandchildren. Jack’s tremendous contributions and dedica- That same article also pointed to the violence My thoughts and prayers, along with those tion can be measured in a number of ways. in 1988, when, ‘‘armed Azerbaijanis rampaged of my wife, Barbara, and my children, Rialto Notably, Jack made approximately 200 trips to through the town of Sumgait and slaughtered City Councilman Joe Baca, Jr., Jeremy, Nat- Washington, DC. His deep commitment was 32 people, mostly Armenians.’’ alie, and Jennifer and are with Ernest’s family based in his belief that legislators needed to These horrific acts of targeted violence are at this time. Mr. Speaker, I ask my colleagues hear directly from farmers and ranchers in as deplorable today as they were more than to pay tribute to Ernest Salgado, Sr. order to understand their contributions and the two decades ago. Tragically, tensions remain f high in the region. A January 16 Bloomberg difficulties they face. Specifically, Jack has HONORING PFC JUAN MEZA been dedicated to working on comprehensive article reported that, ‘‘Azerbaijan is buying up immigration reform, natural resource regula- modern weaponry to be able to regain control HON. HENRY CUELLAR tions, and renewable energy. of the breakaway Nagorno-Karabakh region OF TEXAS Of course none of these accomplishments quickly and with few losses should peace talks IN THE HOUSE OF REPRESENTATIVES would be possible without the love and sup- with neighboring Armenia fail, President Ilham port of Jack’s wife, Mary Ann; their sons, Carl, Aliyev said.’’ Wednesday, February 1, 2012 Such acts of aggression would have a dev- David and Bryan; and two grandchildren. Mr. CUELLAR. Mr. Speaker, I rise today to Mr. Speaker, we ask our colleagues to join astating impact. It is critical that the U.S. honor the commitment and sacrifice of PFC us in recognizing Jack King’s enthusiasm and works toward a lasting, peaceful and demo- Juan Meza. Mr. Meza served in Company B work ethic. His devotion and loyalty to our na- cratic solution to the Nagorno-Karabakh con- 399th Infantry Unit during World War II from tion’s farmers and ranchers make him a flict. October 1944 until March 1946 and dem- source of pride for our community, state and f onstrated great bravery and dedication as a nation. We thank Jack for his work on behalf TRIBUTE TO THE LIFE ON ERNEST soldier for the United States Army. of farmers and ranchers in California and all SALGADO, SR. Mr. Meza was born December 15, 1925 in across the country, and wish him well in retire- Laredo, Texas. Upon graduating from high ment. HON. JOE BACA school, he enlisted in the Army and was de- ployed to Europe. During his service, he was f OF CALIFORNIA wounded twice in combat and remained in- IN THE HOUSE OF REPRESENTATIVES REMEMBERING THE NAGORNO- country until 1946 after a cease fire was de- KARABAKH CONFLICT Wednesday, February 1, 2012 clared. By March 1946, Mr. Meza was honor- Mr. BACA. Mr. Speaker, I stand here today ably discharged. When Mr. Meza returned to HON. FRANK R. WOLF to pay tribute to a great leader and role model Laredo, Texas, he married Antonia Galvan OF VIRGINIA Ernest Salgado, Sr. Ernest, the eldest member and together they raised six children. After IN THE HOUSE OF REPRESENTATIVES of the Soboba Band of Luisen˜o Indians serving in the Army, he dedicated more than passed away on January 23, 2012 at the age 35 years of service to U.S. Customs and Bor- Wednesday, February 1, 2012 of ninety-one. der Protection and retired happily in Laredo. Mr. WOLF. Mr. Speaker, in 1994 I was part Ernest was born on the Soboba Indian Res- Mr. Meza is very proud of his time and ex- of a delegation, organized by Christian Soli- ervation, in Riverside County, California. He periences while serving in the military. Experi- darity International, that visited Nagorno- attended high school at Sherman Indian High ences that are only unique to an American Karabakh, Armenia, and Azerbaijan. School, where he was an outstanding athlete hero and veteran are those that he can recall In Nagorno-Karabakh, I saw horrible condi- and played on the championship baseball as if it were yesterday. One specific memory tions: doctors operating without anesthesia team. beckons Mr. Meza to a cold New Year’s Eve using only a stiff dose of cognac; land mines When Indians became citizens in 1924, Er- day in 1944, when he outwitted a band of Ger- planted by the retreating Azeri army which re- nest was the first of his tribe to fill out the U.S. man soldiers at a listening post in France and

VerDate Sep 11 2014 12:16 Feb 23, 2017 Jkt 019102 PO 00000 Frm 00008 Fmt 0689 Sfmt 9920 E:\BR12\E01FE2.000 E01FE2 rmajette on DSK2TPTVN1PROD with BOUND RECORD February 1, 2012 EXTENSIONS OF REMARKS, Vol. 158, Pt. 1 773 his actions led to saving the lives of several the Rikers Island Discharge Enhancement HONORING THE LIFE OF CHRIS Americans and Allied troops. Every scent he (R.I.D.E.) program, recreation, and lifetime TURNEY smelled, every sound he heard and every aftercare. color he saw that day is imprinted in his mem- I look forward to seeing all that the Fortune ory. At 86 years of age, he tells the story with Society accomplishes in the coming year. I will HON. JANICE D. SCHAKOWSKY passion and no details are left out when he continue to serve them proudly and support OF ILLINOIS was triumphant against the enemy for the lives them in their great cause. of his brothers and freedom of the nation. IN THE HOUSE OF REPRESENTATIVES During Mr. Meza’s time in the Army he f showed great courage and by using his intel- Wednesday, February 1, 2012 OUR UNCONSCIONABLE NATIONAL ligence, knowledge and common sense he not Ms. SCHAKOWSKY. Mr. Speaker, I rise DEBT only survived a tremendous war, he also today to remember a lifelong educator and po- helped young soldiers like himself return home litical activist. Chris Turney passed away in to their families and loved ones. He is a highly HON. MIKE COFFMAN December at the age of 60. Chris dedicated decorated veteran. His awards include the her life to the education of children. Chris was World War II Victory Ribbon, Army Good Con- OF COLORADO a music teacher for 34 years, and spent the duct Medal, EAME Theater Ribbon and Two IN THE HOUSE OF REPRESENTATIVES last 20 years of her career teaching at Lincoln Bronze Service Stars, Purple Heart, One Wednesday, February 1, 2012 Bronze Oak Leaf Cluster, and a Distinguished Junior High School in Skokie, Illinois. Ms. Tur- Unit Badge. He was also nominated for the Mr. COFFMAN of Colorado. Mr. Speaker, ney, as she was known by her students, Distinguished Service Cross, the second high- on January 26, 1995, when the last attempt at shared her passion and love for music with est military honor that can be awarded to a a balanced budget amendment passed the many students over the years. She played a member of the United States Army for ex- House by a bipartisan vote of 300–132, the variety of musical instruments including the treme gallantry and risk of life in actual com- national debt was $4,801,405,175,294.28. piano, flute, piccolo and guitar. She frequently bat with an armed enemy force. Today, it is $15,356,140,493,616.06. We’ve used these instruments in her classroom. Most Mr. Speaker, I am honored to have had the added $10,554,735,318,321.78 to our debt in importantly, Ms. Turney inspired hundreds of opportunity to recognize Mr. Meza’s accom- 16 years. This is $10 trillion in debt our nation, children to follow their dreams. Ms. Turney en- plishments and faithful service to our country. our economy, and our children could have couraged all her students to believe in them- His hard work and valor have truly impacted avoided with a balanced budget amendment. selves and their own unique skills and abilities many lives and our community. Thank you. as they moved through life. f f Outside of the classroom, Chris was a polit- APPLAUDING THE FORTUNE HONORING JOHN S. CZYSCON FOR ical activist fighting for a better education sys- SOCIETY HIS SERVICE IN THE U.S. ARMY tem. Chris was a lifelong Democrat and very DURING WORLD WAR II active in the National Education Association HON. CHARLES B. RANGEL (NEA). She was president of the Skokie-Mor- ton Grove Education Association, was the Re- OF NEW YORK HON. RICHARD L. HANNA gion 36 Chair of the Illinois Education Associa- IN THE HOUSE OF REPRESENTATIVES OF NEW YORK tion, and eventually became an NEA State Di- Wednesday, February 1, 2012 IN THE HOUSE OF REPRESENTATIVES rector. As a State Director, Chris was fre- Mr. RANGEL. Mr. Speaker, I rise today to Wednesday, February 1, 2012 quently on Capitol Hill meeting with members recognize the Fortune Society on their contin- Mr. HANNA. Mr. Speaker, I rise today to ac- of Congress. Some of Chris’s favorite mo- ued success. I recently had the honor to sup- ments in her life were shaking hands with port the Fortune Society’s partnership with knowledge and honor a very special veteran for his service to our nation during World War President Clinton and then Senator Barack City University of New York’s John Jay Col- Obama. After retiring from her teaching ca- lege of Criminal Justice in their effort to pro- II. Mr. John S. Czyscon was a member of the reer, Chris continued to be politically active. vide technical assistance and training to other She served as the President of the DuPage reentry services organizations. Thanks to their United States Army and served in the Pacific Chapter of the Illinois Retired Teachers Asso- hard work, countless more inmates will transi- Theater. Mr. Czyscon was in harm’s way nu- ciation, a position she held until her death. tion back into my community with the prospect merous times and involved in serious combat. She was an advocate for public education and of a better life. His heroism and bravery were recognized Under the excellent leadership and vision of through his awards: the Bronze Star Medal, for better schools for our children. Chairperson Ms. Betty P. Rauch, the Fortune Combat Infantryman Badge, and the Asiatic- Chris will be missed dearly by her former Society is doing far more than providing those Pacific Campaign Medal with three bronze students, colleagues, friends and family. She who have dealt with the harsh realities of in- battle stars and arrowhead attachments. is survived by her life partner of 30 years, carceration. Their advocacy inspires them and Mr. Czyscon served as a Technician Fifth James C. Keating, her sisters Judy Goldsmith gives them the means to live a positive life in Grade, with the Second Battalion 188th Glider and Linda Turney, and three nephews. She which they can become valuable and contrib- Infantry during his service to the Army. He encouraged all three of her nephews to follow uting members of our society. Furthermore, I joined the Army in 1943 and was honorably their dreams which they have done. Her oldest would also like to congratulate the Fortune So- discharged in 1946 after providing honest and nephew Rob Goldsmith is currently an edu- ciety on the numerous grants they were re- faithful service to this country. cation and labor staffer for Congressman cently awarded. Mr. Czyscon will turn 92 this spring and he BRUCE BRALEY. Jeff Goldsmith is a very suc- For over 40 years the Fortune Society has lives in New York Mills, New York. It is a privi- cessful musician who has written and re- been working with people with criminal lege and an honor to have veterans like Mr. corded numerous songs and albums. Mark records. Today they serve approximately Czyscon residing in the 24th Congressional Goldsmith, the youngest nephew, is currently 3,000 men and women annually at three pri- District. His service to our country should alan engineering student and baseball player at mary New York City-area locations including ways be a great source of pride. To serve the Colorado School of Mines. Her memory West Harlem in my Manhattan Congressional one’s nation is among the most noble and and influence lives on through them. District. Thanks to their dedicated and experi- selfless acts available to man, particularly dur- enced staff of professionals, the Fortune Soci- ing times of war. Thank you, Mr. Czyscon. I Chris’s memory will live on through the peo- ety is able to successfully offer: Alternatives to ask my colleagues to join me today in hon- ple whom she inspired for years to come. She Incarceration (ATI), drop-in services, employ- oring Technician Fifth Grade John S. Czyscon, was an agent of change to many. If you knew ment services, education, family services, United States Army, for his service and sac- Chris well, she changed your life. Her uplifting, health services, housing services, substance rifice during World War II on behalf of the energetic, and positive attitude will be missed abuse treatment, transitional services such as United States of America. and she will not be forgotten.

VerDate Sep 11 2014 12:16 Feb 23, 2017 Jkt 019102 PO 00000 Frm 00009 Fmt 0689 Sfmt 9920 E:\BR12\E01FE2.000 E01FE2 rmajette on DSK2TPTVN1PROD with BOUND RECORD 774 EXTENSIONS OF REMARKS, Vol. 158, Pt. 1 February 1, 2012 WARREN BUFFETT’S SECRETARY the Board of Directors of Annawon Council of capture a mood of deep discontent among the NOT SYMBOL OF ECONOMIC IN- Boys Scouts of America; Trustee of the Augat American people. JUSTICE Foundation; member of the Board of Directors But if you think a thousand protesters on Wall Street is a trouble sign for our nation, of the Attleboro YMCA and Capital Campaign wait until you see the civil unrest that fol- HON. LAMAR SMITH Chairman; Immediate Past Chairman and Cur- lows the reforms and cuts to government OF TEXAS rent member of the Board of Trustees of programs needed to bring our national debt IN THE HOUSE OF REPRESENTATIVES Bridgewater State University Foundation; under control. Just look at Greece, where member of the Board of Directors of the Taun- government is being reformed, drastic cuts Wednesday, February 1, 2012 ton Development Corporation; member of the are being made—and the society is unravel- Mr. SMITH of Texas. Mr. Speaker, billion- Board of Directors of the Sturdy Memorial ing. In Greece a series of severe austerity aire Warren Buffett’s longtime secretary has Hospital Foundation; member of the Board of measures has been imposed as conditions for recent bailouts by the International Mone- become a symbol in the current Administra- Directors of the Old Colony Historical Society; tary Fund and the other members of the sin- tion’s fight over the tax code and economic Incorporator of the United Way of Greater At- gle European currency, the euro. Yet the fairness. While she was the President’s chief tleboro Taunton; Board Member of FAIR, economy continues to spiral downward. stage prop in a show of the alleged unfairness Friends of Attleboro Interested in Revitaliza- And with each new round of reforms in of our tax system, this is hardly the truth. tion; Incorporator of the Hockomock YMCA; Greece, misery and unrest are on the rise. The national media have painted this as a and Incorporator of Memorial Hospital of Strikes and angry street protests are a daily case of the little person paying a higher tax Rhode Island. occurrence, as unions fight decreases in pay rate than her billionaire boss. Thankfully, Over the years, Mr. Kelly has contributed and benefits for their workers, students protest the lack of opportunity and ordinary Forbes and a few media outlets have re- his time and talent to many other organiza- citizens resist reforms and tax increases. The searched the facts. By reviewing the Internal tions as well and has held leadership positions confrontation with authorities is impeding Revenue Service’s own detailed tax tables by in various banking and professional associa- business and destroying tourism, deepening income level, Forbes has determined she like- tions including Chairman of the Massachusetts the crisis further. ly makes between $200,000 and $500,000. Bankers Association; Chairman of the Massa- Some of that struggle is for naught. The The national media have not done their chusetts Bankers Charitable Foundation; Greek government couldn’t reduce austerity homework on Mr. Buffett’s longtime secretary. former Regional Chairman of the New Eng- measures if it wanted to. Fiscal policy is now They have misled the American people on the land School of Banking; President of the Heart out of its hands and likely to remain so for important issue of income taxes and capital decades, perhaps generations. of Taunton; President of the Route 44 Busi- And while most Greeks agree the bloated gains investments that help create jobs. We nessman’s Association; Treasurer of the state must be streamlined, they’re stiffening need to remind the national media of their ob- Southeastern Massachusetts Manufacturing their resistance to reform. That’s why many ligation to provide the American people with Partnership and President of the Taunton in the euro zone believe Greece must default the facts. Kiwanis Club. In addition he has also served in order to rebuild a more efficient govern- f as Chairman of the Board & Campaign Chair- ment. man of the United Way of Greater Attleboro- America isn’t in that predicament—yet. DENNIS KELLY—COMMUNITY Taunton; Trustee of Morton Hospital & Medical But there are cautionary lessons to be lifted BANKER, COMMUNITY LEADER from the outraged streets of Athens. As the Center; member of the Rotary Club of Taun- Greek example shows, government largesse ton; member of the President’s Advisory is easy to expand but difficult to cut back HON. BARNEY FRANK Council for Bishop Feehan High School and without inflaming people. OF MASSACHUSETTS Chairman of the St. Mary’s Education Fund For years our politicians have framed in- IN THE HOUSE OF REPRESENTATIVES Dinner. creases to government benefits as compassionate and obligatory. Now all that over- Wednesday, February 1, 2012 Mr. Kelly earned a BA in History Education from Providence College in 1969 and was a spending must be pared back and govern- Mr. FRANK of Massachusetts. Mr. Speaker, graduate of the National School of Banking at ment programs reformed to curb the federal one of the most important leaders in the econ- deficit. But each round of needed cuts and re- Fairfield University. forms will likely cause misery—in an omy of southeastern Massachusetts is about Mr. Kelly resides in Attleboro with his wife, to retire. amount substantially greater than the hap- Michelle. They have two sons Thomas and piness generated by spending increases. E. Dennis Kelly, Jr. joined Bristol County Robert and three grandchildren, Madison, Behavioral economics, which uses social Savings Bank in 1977 as Operations Manager Chace and Landon. and psychological factors to predict a popu- and held various titles before being named the lation’s decision-making behavior, captures f President and CEO in 1993. Mr. Kelly has this paradox in two fundamental principles. held this position for the past 18 years, but will ‘‘OCCUPY WALL STREET . . . NEXT First, the principle of ‘‘loss aversion’’ ex- retire as the 12th President of Bristol County STOP, ATHENS?’’ BY MALLORY plains that people hate to lose something Savings on March 13, 2012. During his tenure, FACTOR more than they value receiving something. Mr. Kelly was instrumental in creating the Bris- So, even if many Americans don’t value existing government programs and spending tol County Savings Charitable Foundation in HON. TIM SCOTT very highly, they will likely be very unhappy 1996, first serving as President and currently OF SOUTH CAROLINA about the loss of those same goods and serv- as Chairman. ices. IN THE HOUSE OF REPRESENTATIVES Mr. Kelly has been a community leader and Second, even if you streamline our govern- has made a difference in the lives of many or- Wednesday, February 1, 2012 ment and make programs more efficient, the ganizations, families and individuals through- ‘‘endowment effect’’ predicts that people will Mr. SCOTT of South Carolina. Mr. Speaker, still oppose changes to the benefits they re- out the regions where Bristol County Savings I submit an article on behalf of Mallory Factor Bank operates. Under his leadership, the Bris- ceive. This is because people tend to value expressing his opinion regarding the need for the goods and services they have more than tol County Savings Bank and the Bristol Coun- significant reforms and spending cuts in spite they do equivalent replacement goods and ty Savings Charitable Foundation awarded of the social unrest they may cause. services. The endowment effect makes it $1.1 million in grants last year and more than very difficult to exchange existing benefits ‘‘OCCUPY WALL STREET ... NEXT STOP, $8.0 million in total to area organizations since for new ones and thus to ‘‘reform’’ govern- ATHENS?’’ 1996. In addition to the significant financial ment programs. support provided by the Bristol County Sav- [By Mallory Factor] Whether we cut spending and make re- ings Charitable Foundation, he has personally In the past few weeks Americans have forms now or later, course correction will be invested his time and expertise to help de- watched with interest, bemusement and difficult and even potentially dangerous to anger as protests and sit-ins on Wall Street our nation’s stability. Just look at the re- velop solutions that addressed community have sparked similar demonstrations around sistance of public employees in Wisconsin, needs. In this role, he currently holds leader- the country. With vague goals of combating Indiana and elsewhere to relatively minor ship positions in various organizations includ- corporate greed and calls to rectify all man- cuts to see how people will contest vigor- ing Chairman of the Depositors Insurance ner of social and economic inequality, this ously any decreases to their benefits and Fund; former President and current member of movement seems, to the press at least, to programs.

VerDate Sep 11 2014 12:16 Feb 23, 2017 Jkt 019102 PO 00000 Frm 00010 Fmt 0689 Sfmt 0634 E:\BR12\E01FE2.000 E01FE2 rmajette on DSK2TPTVN1PROD with BOUND RECORD February 1, 2012 EXTENSIONS OF REMARKS, Vol. 158, Pt. 1 775 Behavioral economics teaches us that any Glaucoma Caucus to recognize the impor- enough is enough. It is high time for the Con- time we make changes and reduce govern- tance of promoting awareness for the sight- gress to come together to pass this bill and ment benefits and programs, we can expect stealing disease known as glaucoma. Glau- send a strong message that Congress should, people to be very upset about those deci- coma is the leading cause of preventable sions—and likely resist them. Still, we need and will, play by the same rules as everyone significant reforms and deep cuts to put the blindness in the United States, which currently else. U.S. on track toward a balanced budget. afflicts 2.2 million Americans and over 60 mil- Just as we have passed Wall Street reform Paring back government will undoubtedly lion people worldwide. In addition to affecting in the 111th Congress; we must act now to cause misery and social dislocation. How- the elderly who are commonly at risk, glau- ensure that the law is crystal clear when it ever, ‘‘death’’ by a thousand small cuts will coma is especially prevalent in black and His- comes to the activities of our own colleagues. intensify civil unrest and may produce revo- panic communities. Blacks are 17 times more Personal financial gain from non-public infor- lutionary fervor unlike anything we’ve seen likely to go blind from glaucoma, compared to in America in our lifetime. Our nation will mation cannot be tolerated. whites of similar age. be better off by reforming our system radi- In this very chamber last week, President cally, in a single dramatic turn, rather than Glaucoma, one of many eye diseases that can lead to blindness, is caused by damage to Obama made special mention of his support piecemeal—or face something very like the for the STOCK Act, calling on Congress to furious streets of Athens. the optic nerve that sends images to the brain. The scariest aspect of this condition is that ‘‘send me a bill that bans insider trading by f there are no perceivable symptoms or physical Members of Congress, and I will sign it tomor- RECOGNIZING THE 2011–2012 RECIPI- signs—hence referred to as the ‘‘silent thief of row.’’ ENTS OF THE ‘‘IN HOPE FREE- sight.’’ Unfortunately, there is no cure for glau- Like many of my colleagues on both sides DOM RINGS FOUNDATION’’ coma yet. of the aisle, I have received countless calls SCHOLARSHIPS RECIPIENTS Fortunately, glaucoma can be treated early and emails from my constituents urging the before it worsens by attending regular eye- Congress to answer the President’s call and HON. GERALD E. CONNOLLY screenings to detect symptoms. That is why bring debate of the STOCK Act to the House floor for a vote. OF VIRGINIA the Congressional Glaucoma Caucus, a bipar- IN THE HOUSE OF REPRESENTATIVES tisan coalition since its founding in 2000, is Congress must waste no time in coming to- dedicated to advocating awareness and treat- Wednesday, February 1, 2012 gether to pass this bill in a strong bipartisan ment across America. Thanks to the subse- fashion, and by doing so, restore the Amer- Mr. CONNOLLY of Virginia. Mr. Speaker, I quent creation of our active partner in the ican people’s trust in the integrity of the sys- rise today to recognize the recipients of the field, the Friends of the Congressional Glau- tem, the democratic process, and their elected 2011–2012 ‘‘In Hope Freedom Rings Founda- coma Caucus Foundation, 10,000 free annual officials. tion’’ Scholarships. treatments are conducted nationwide with a I urge our leadership in the House to re- Founded in 2005 by local businesswoman percentage referred to follow-up specialists. spond to the President’s call to action by fol- and former teacher Margo Friedman, the In The Foundation was originally funded by pri- lowing the Senate’s lead in bringing the Hope Freedom Rings Foundation (IHFR) pro- vate sector grants, but its success now gar- STOCK Act to the Floor for debate, and to vides 2 scholarships, each in the amount of ners funding from government agencies like schedule a vote on this sensible and respon- $10,000, to deserving Fairfax County Public the Centers for Disease Control and Preven- sible legislation. Schools seniors. The scholarships are award- tion. ed based on academic excellence, financial I encourage my fellow Americans to take f need, extracurricular activities, and community advantage of free screenings provided by the service. Due to the generosity of its sponsors, Foundation across this great nation. In Con- IHFR has awarded $130,000 to Fairfax County gress, I will continue to fight potential budget SENATE COMMITTEE MEETINGS students in just 6 years. cuts that would obstruct advances in medical Title IV of Senate Resolution 4, I extend congratulations to the following re- research directed at finding a cure for glau- agreed to by the Senate on February 4, cipients of the 2011–2012 In Hope Freedom coma. 1977, calls for establishment of a sys- Rings Foundation Scholarships: f tem for a computerized schedule of all Elizabeth Knippler, Chantilly High School meetings and hearings of Senate com- Hanan Awel, Robert E. Lee High School H.R. 1148—STOCK ACT Fairfax County often is ranked as one of the mittees, subcommittees, joint commit- best places in the country in which to live, HON. DEBBIE WASSERMAN SCHULTZ tees, and committees of conference. This title requires all such committees work, and raise a family. Our exceptional pub- OF FLORIDA to notify the Office of the Senate Daily lic school system is a significant factor in this IN THE HOUSE OF REPRESENTATIVES Digest—designated by the Rules Com- ranking and the success of public-private part- Wednesday, February 1, 2012 nerships like IHFR between our local business mittee—of the time, place, and purpose community and our schools serves to enhance Ms. WASSERMAN SCHULTZ. Mr. Speaker, of the meetings, when scheduled, and and strengthen not only the educational oppor- I rise today to urge our House leadership to any cancellations or changes in the tunities for our children but also our commu- schedule a vote on the Stop Trading on Con- meetings as they occur. nity as a whole. gressional Knowledge Act, or ‘‘STOCK Act,’’ As an additional procedure along Mr. Speaker, I ask that my colleagues join filed by my friend and colleague Congressman with the computerization of this infor- me in congratulating the 2011–2012 Scholar- WALZ of Minnesota. I am proud to be a co- mation, the Office of the Senate Daily ship awardees Elizabeth Knippler and Hanan sponsor of this common-sense legislation, Digest will prepare this information for Awel for their accomplishments and in thank- which would prohibit Members of Congress printing in the Extensions of Remarks ing the In Hope Freedom Rings Foundation from profiting from the nonpublic information to section of the CONGRESSIONAL RECORD and their sponsors who have made these which we are often privy. on Monday and Wednesday of each grants possible. It is just plain common sense that we, as week. Members of Congress, should be held to the f Meetings scheduled for Thursday, same standard as the American people we February 2, 2012 may be found in the RECOGNIZING GLAUCOMA represent when it comes to insider trading. It Daily Digest of today’s RECORD. AWARENESS MONTH is not right when a company executive does it, and it’s not right when a Member of Congress HON. CHARLES B. RANGEL does it. MEETINGS SCHEDULED OF NEW YORK The fact that action has not been taken FEBRUARY 3 IN THE HOUSE OF REPRESENTATIVES sooner to clearly prohibit a Member of Con- 9:30 a.m. gress from acting for personal gain on such in- Wednesday, February 1, 2012 Joint Economic Committee formation is frankly shocking. To hold hearings to examine the employ- Mr. RANGEL. Mr. Speaker, I rise today as Over the past several months, the American ment situation for January 2012. a founding Member of the Congressional people have been increasingly vocal that 210, Cannon Building

VerDate Sep 11 2014 12:16 Feb 23, 2017 Jkt 019102 PO 00000 Frm 00011 Fmt 0689 Sfmt 0634 E:\BR12\E01FE2.000 E01FE2 rmajette on DSK2TPTVN1PROD with BOUND RECORD 776 EXTENSIONS OF REMARKS, Vol. 158, Pt. 1 February 1, 2012 FEBRUARY 7 2:30 p.m. MARCH 1 10 a.m. Intelligence 9:30 a.m. Budget To hold closed hearings to examine cer- Armed Services To hold hearings to examine the outlook tain intelligence matters. To hold hearings to examine U.S. Euro- for United States monetary and fiscal SH–219 pean Command, U.S. Africa Command, policy. and U.S. Transportation Command in SD–608 FEBRUARY 14 review of the Defense Authorization re- Foreign Relations 9:30 a.m. quest for fiscal year 2013 and the Fu- To hold hearings to examine the nomina- Armed Services ture Years Defense Program; with the tions of Larry Leon Palmer, of Geor- To hold hearings to examine the Defense possibility of a closed session in SVC– gia, to be Ambassador to Barbados, and Authorization request for fiscal year 217 following the open session. to serve concurrently and without ad- 2013 and the Future Years Defense Pro- SH–216 ditional compensation as Ambassador gram. to St. Kitts and Nevis, Saint Lucia, An- SD–G50 MARCH 6 tigua and Barbuda, the Commonwealth 9:30 a.m. of Dominica, Grenada, and Saint Vin- FEBRUARY 15 Armed Services cent and the Grenadines, Phyllis Marie Time to be announced To hold hearings to examine U.S. Central Powers, of Virginia, to be Ambassador Agriculture, Nutrition, and Forestry Command and U.S. Special Operations to Republic of Nicaragua, Jonathan To hold hearings to examine energy and Command in review of the Defense Au- Don Farrar, of California, to be Ambas- economic growth for rural America. thorization request for fiscal year 2013 sador to the Republic of Panama, and Room to be announced and the Future Years Defense Pro- Julissa Reynoso, of New York, to be gram; with the possibility of a closed Ambassador to the Oriental Republic of FEBRUARY 16 session in SVC–217 following the open Uruguay, all of the Department of 9:30 a.m. session. State. Armed Services SH–216 SD–419 To hold hearings to examine the current 2 p.m. and future worldwide threats to the na- MARCH 7 Joint Economic Committee tional security of the United States; 10 a.m. To hold hearings to examine bolstering with the possibility of a closed session Veterans’ Affairs the economy, focusing on helping in SVC–217 following the open session. To hold joint hearings to examine a leg- American families by reauthorizing the SD–G50 islative presentation from the Veterans payroll tax cut and unemployment in- Energy and Natural Resources of Foreign Wars (VFW). surance (UI) benefits. To hold hearings to examine the Presi- SD–G50 SH–216 dent’s proposed budget request for fis- 2:30 p.m. cal year 2013 for the Department of En- MARCH 8 Foreign Relations ergy. 9:30 a.m. To hold hearings to examine the nomina- SD–366 Armed Services tion of Nancy J. Powell, of Iowa, to be 2:15 p.m. To hold hearings to examine the Depart- Ambassador to India, Department of Indian Affairs ment of the Army in review of the De- State. To hold an oversight hearing to examine fense Authorization request for fiscal SD–419 energy development in Indian country. year 2013 and the Future Years Defense Health, Education, Labor, and Pensions SD–628 Program. To hold hearings to examine accessible SD–106 technology, focusing on challenges and FEBRUARY 28 opportunities. MARCH 13 SD–G50 9:30 a.m. Intelligence Armed Services 9:30 a.m. To hold closed hearings to examine cer- To hold hearings to examine U.S. Pacific Armed Services tain intelligence matters. Command and U.S. Transportation To hold hearings to examine U.S. South- SH–219 Command in review of the Defense Au- ern Command and U.S. Northern Com- thorization request for fiscal year 2013 mand in review of the Defense Author- FEBRUARY 9 and the Future Years Defense Pro- ization request for fiscal year 2013 and the Future Years Defense Program; 9:30 a.m. gram; with the possibility of a closed with the possibility of a closed session Armed Services session in SVC–217 following the open in SVC–217 following the open session. To hold hearings to examine the nomina- session. SD–G50 tions of Admiral Samuel J. Locklear SD–106 III, USN, for reappointment to the 10 a.m. MARCH 14 grade of admiral and to be Commander, Energy and Natural Resources United States Pacific Command, and To hold hearings to examine the Presi- Time to be announced Lieutenant General Thomas P. dent’s proposed budget request for fis- Agriculture, Nutrition, and Forestry Bostick, USA, for reappointment to the cal year 2013 for the Department of the To hold hearings to examine healthy grade of lieutenant general and to be Interior. food initiatives, local production, and Chief of Engineers, and Commanding SD–366 nutrition. General, United States Army Corps of 2:30 p.m. Room to be announced Engineers, both of the Department of Veterans’ Affairs 10 a.m. Defense. To hold joint hearings to examine a leg- Veterans’ Affairs SD–G50 islative presentation from the Disabled To hold hearings to examine ending Energy and Natural Resources American Veterans (DAV). homelessness among veterans, focusing To hold hearings to examine H.R. 1904, to 345, Cannon Building on Veterans’ Affairs progress on its facilitate the efficient extraction of five year plan. mineral resources in southeast Arizona FEBRUARY 29 SR–418 by authorizing and directing an ex- Time to be announced change of Federal and non-Federal Agriculture, Nutrition, and Forestry MARCH 15 land, and the Southeast Arizona Land To hold hearings to examine strength- 9:30 a.m. Exchange and Conservation Act of 2009. ening conservation through the 2012 Armed Services SD–366 farm bill. To hold hearings to examine the Depart- 2:15 p.m. Room to be announced ment of the Navy in review of the De- Indian Affairs 10 a.m. fense Authorization request for fiscal To hold an oversight hearing to examine Veterans’ Affairs year 2013 and the Future Years Defense the Department of Justice’s opinion on To hold hearings to examine the Presi- Program; with the possibility of a internet gaming, focusing on what’s at dent’s proposed budget request for fis- closed session in SVC–217 following the stake for tribes. cal year 2013 for Veterans’ Programs. open session. SD–628 SR–418 SD–G50

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